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09/12/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER September 12, 2005 Present: Frank V. Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen A. Petersen Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Ten service awards were presented to City employees. Dina Hyson of the Human Resources Department was presented the September 2005 Employee of the Month award. The Council recessed from 9:19 to 9:24 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. Purchasing 1 Mastec North America, Inc., Tampa, Florida - Renew the contract for installation of gas mains and service lines during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $850,000. 2 Verizon Florida Inc., St. Petersburg, Florida - Telephone service including frame relay, TI's, Centranet trunks, directory advertising, Norstar maintenance, long distance overflow, frame relay internet service and credit/collect calls during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $500,000. 3 Nextel Communications, Norcross, Georgia - Cellular/radio service during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $250,000. 4 State of Florida, Department of Management Services, Tallahassee, Florida - Suncom long distance service, Centranet lines and toll free long distance line during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $200,000. 5 Ingram Book Company - Award a contract for the purchase of books and other library materials during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $170,000. 6 Book Wholesalers Inc. - Award a contract for the purchase of books and other library materials during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $113,000. In response to questions regarding items 5 and 6, Purchasing Manager George McKibben said staff always shops for the best prices. Figures are based on historical data with each vendor. In response to questions regarding items 2 and 4, Telecommunications Supervisor Kelly Legg reviewed Suncom long distance services. International and overflow long distance telephone calls are routed through Verizon, which offers the best available rate. In response to a questions regarding item 3, Ms. Legg said the contract w Nextel was renegotiated at a lower rate. Information Technology Director Dan Mayer said Nextel has set the standard. Economic Development and Housing Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2005-2006 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. In Fiscal Year 1999/2000, the City entered into an agreement with CRCC (Clearwater Regional Chamber of Commerce) to provide specific tourism services on behalf of the City, in exchange for funding from the City. This partnership has worked well and the City is satisfied with this arrangement. The CRCC will continue to provide visitor information services for the City at the Chamber’s business location. Services include preparing and distributing the Official Visitor’s Guide, maintaining Visitor Guide inventory at State Welcome Centers on I-75 and I-95, advertising placement, toll-free telephone service, and operation of the tourism website. Reports of these activities are submitted on a quarterly basis. This fiscal year, the CRCC has mailed over 35,000 Visitor’s Guides to consumers regarding information and over 50,000 additional Visitor’s Guides were distributed to welcome centers, consumer and travel trade promotions. The CRCC participated in cooperative advertising campaigns with Visit Florida and area Convention and Visitor Bureaus. Additionally, Clearwater is the first advertised beach in the 2005 Visitor Florida Visitor Guide. Clearwater had high visibility in the 2005 Tampa Bay Visitor Guide. A press trip held in May with five travel writers resulted in one published article and more proposed for next year. The new Public Relations Firm developed an electronic press kit and coordinated Media training attended by City and chamber staff. The www.visitclearwaterflorida.com web site is updated and promoted in all advertising. $190,000 has been budged in the FY 2005-06 Economic Development operating budget to fund this agreement. After six years at the same funding level, the CRCC now is requesting an increase in funds to cover the following items: an increase in advertising costs for ad placement consistent with 2004/05 placement, an upgrade of the website to maximize current search engine selection criteria and participation in seven state and CVB co-ops (five of which are new). The term of the Agreement is for one year. A breakdown on how the funds will be used and copies of recently published newspaper articles regarding Clearwater were requested. In response to a question, CRCC representative Ebe Bauer reported visitors are corresponding with the chamber’s website, which reports that the City and beaches were unaffected by recent hurricanes. The Chamber is working with the CVB (Convention and Visitors Bureau) and Harbormaster to install a wireless camera on the beach to show current conditions. Parks and Recreation Amend the Community Development Code to establish a Public Art and Design Program and pass Ordinance #7489-05 on first reading. The 2002 Clearwater Cultural Plan, created by the Clearwater Arts Foundation and endorsed by the City Council, recommended the development of a “percent for art” program. Since that time, City staff, in collaboration with the Clearwater Arts Foundation, has researched public art programs throughout the country. In addition, the City contracted with Glenn Weiss, Public Art Consultant, to perform a Public Art Needs Assessment in April of this year. This document provides much of the justification for adopting the Public Art and Design Program. Over 300 communities in the United States have implemented public art programs. Locally, there are ordinances in Hillsborough, Pinellas, Tampa, Sarasota, and St. Petersburg. Six programs exist in Florida that require private development participation. The Public Art and Design Program shall provide the process by which the City shall integrate a wide variety of public art and design into the community creating a sense of place and increasing the quality of life for residents, businesses, and visitors. The Clearwater Arts Foundation has given presentations on the proposed ordinance to various groups including the Governance Committee of the Clearwater Regional Chamber of Commerce, The Clearwater Beach Chamber, Clearwater Rotary Club, Clearwater Beach Rotary, and various business leaders and developers. The Parks and Recreation Board also reviewed the proposal. The Community Development Board at their August 16, 2005 meeting reviewed the proposed amendments to the Community Development Code to establish Ordinance #7489-05. Primary components include: 1) The City will contribute 1% of all Capital Improvement projects greater than $500,000; that do not have legally restricted funding (General fund, Penny for Pinellas etc.); are for new construction or renovation projects including but not limited to buildings, greenways, roads, parking facilities, bridges or other above ground projects; for the incorporation of public art up to the sum of $200,000 per project. Specifically excluded from this requirement are street resurfacing, major drainage, wastewater, below-grade utilities, and annual repair and replacement projects. The appropriation of funds will commence with the FY (Fiscal Year) 2006/07 budget; 2) Private Construction Projects and Developments would be required to contribute to Public Art and Design projects beginning October 1, 2006. All new construction of, or renovation related to, commercial, industrial, mixed-use, and residential projects and developments which equal or exceed an Aggregate Job Value of $5-million must allocate not less than 1% of the Aggregate Job Value up to the sum of $200,000 per project for the provision of public art; 3) The artwork must be located in a publicly accessible site and must be commissioned from a professional artist prior to issuance of the final certificate of occupancy; 4) In lieu of an on-site project, a developer may contribute .3% of the Aggregate Job Value to the City’s Public Art and Design Program. This in-lieu fee must be paid prior to the issuance of building permit; 4) Excluded from this private development requirement shall be projects with an Aggregate Job Value under $5,000,000, residential developments of new construction for affordable housing as defined and utilized by the Housing Division of the Economic Development & Housing Department, or eligible projects pending approval for a building permit that have submitted a complete application prior to October 1, 2006; 5) Public Art and Design Funds will be established with separate accounting of monies to be used solely for expenses associated with the program; and 6) A seven member Public Art and Design Board will be appointed by the City Council to administer the Public Art and Design Program. The proposed amendments in the Public Art and Design Program are consistent with and further the goals, policies and objectives of the Community Development Code, the Comprehensive Plan, as well as other City plans such as the 2002 Parks and Recreation Master Plan, the Downtown Redevelopment Plan, Beach by Design, and the 2002 Clearwater Cultural Plan In response to questions, Cultural Affairs Manager Margo Walbolt said while staff recommends a .3% in-lieu of contribution, the Arts Council recommends a full 1%. Support was expressed for increasing the in-lieu fee above .3%. It was indicated projects less than $5 million are exempt. Ms. Walbolt said a list of artists will be available for each project and it will be up to the developer to make a selection. There is no cap proposed on the in-lieu of fee. Cultural Affairs and Code Enforcement will share responsibility for enforcing maintenance requirements for private art projects. It was noted most cites with similar programs charge in-lieu fees of .5% to 1%. Ms. Walbolt said the Arts Council has done a good job in communicating with the community regarding this proposal. Amend Section 2.102 of the Code to reduce the number of board members for the Beautification Committee from seven members to five members and pass Ordinance #7514-05 on first reading. The Code of Ordinances, Section 2.102, states, "The Beautification Committee shall be composed of seven members who shall be residents of the City." Currently, the Board has only five members and no one on the waiting list. This void on the Board is in its eighth month. Currently, it is not uncommon for the Board to not have a quorum to conduct business. This has a negative effect on their ability to handle the business for each meeting. It is recommended to reduce the number of Board positions to the current level of five, which will allow for a smaller quorum for the Board to conduct business. In response to a question, Parks & Recreation Director Kevin Dunbar said incorporating the Beautification Committee with the Public Arts Committee has been recommended. However, membership criteria would have to be reviewed. The City Manager said Council should determine if the Beautification Committee should be retained. Engineering Award a contract to TLC Diversified, Inc. of Palmetto, Florida, for the Drew and Union Streets Reclaimed Water System, Contract 2 – Booster Pumping Stations (01-0039-UT) construction contract in the amount of $2,589,400, which is the lowest responsible bid received in accordance with plans and specifications, and approve the associated McKim & Creed Work Order for limited construction engineering services, including PLC/SCADA Programming Services, in the amount of $195,000,and authorize the appropriate officials to execute same. This item is a continuation of the development of a reclaimed water transmission and distribution system in the City. The purpose of this contract is to construct booster pumping and disinfection stations to provide system pressure to a reclaimed water system expansion in the Drew Street and Union Street areas, which will serve the recreational facilities, residents and businesses with reclaimed water for non-potable use. The project consists of the Del Oro Park and Union Street Booster Pumping Stations, including reclaimed water disinfection facilities at each station, and the associated necessary pipelines to connect them to the system. The construction contract time is 300 calendar days. Construction is expected to start in October 2005 and be complete by August 2006, except the Union Street station work start will be delayed 60 days from the Notice to Proceed, per Specifications Section 01010, paragraph 1.3D, for an expected start time in December 2005, and completion simultaneous with the rest of the work. The 60-day work sequence offset follows from delaying the City site permitting process in deference to the neighboring resident’s concerns. This project is consistent with the City of Clearwater’s Updated Reclaimed Water Master Plan. McKim & Creed, the engineering design consultant for this project and an Engineer-of-Record for the City, has provided written recommendation to award the construction contract to TLC Diversified, Inc. This project is being funded in part by a grant from the Southwest Florida Water Management District (SWFWMD). The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of 50% of the cost via the Del Oro Groves RCW Agreement up to a maximum of $3,185,000. The Del Oro Park and Union Street Booster Pump Stations’ inclusion as part of the Agreement for the future Del Oro Groves Reclaimed Water System project will allow the City to be eligible for a 50% cost share from SWFWMD for additional design and construction costs. The Engineer’s construction cost estimate for the Del Oro Park Station was $1,336,885 and $1,181,999.50 for the Union Street Station, for a total of $2,518,884.50. The McKim and Creed work order amendment includes limited construction engineering services for the construction of the booster pump station facilities. Though inspection services will be provided in-house by the Public Services Department’s Construction Division personnel, the McKim & Creed construction services also include part-time on-site construction review services, including programming of the PLC’s, and SCADA system. The cost for the McKim & Creed construction phase engineering services is $195,000. Due to concerns of residents in the vicinity of the McMullen-Booth Elementary School regarding the siting of the proposed Union Street Booster Pump Station, the City is developing plans to re-locate the proposed pumping station to Pinellas County owned property at the southwest corner of McMullen-Booth Road and Union Street, which currently contains a stormwater treatment pond. Once permitting and final details of construction are completed for the relocation, a construction change order will be prepared and presented to the City Council to address differences in contract costs for construction. In response to a question, Assistant Engineering Director Glen Bahnick said the projects are being kept together due to their close proximity. Some redesign will occur. The City is eligible for the 50% cost sharing. In consideration of receipt of $1 and other valuable consideration, grant and convey to Pinellas County, a political subdivision of the State of Florida, a perpetual non-exclusive easement for Ingress and Egress in, over and upon a portion of Section 17-29-15, containing 22,517 square-feet, more or less, and authorize appropriate officials to execute same. Pinellas County operates a maintenance facility for its artificial reefs program on a portion of Sand Key Park adjacent to the City-owned jetty. In 1981, the City granted the County an ingress/egress easement across the seawall to facilitate its reef maintenance activities. For reasons unknown, the County relinquished those easement rights in 1982. The County, however, continues to operate its reef maintenance facility. The subject grant of easement reestablishes the County's privileges and obligations to access the facility across the City-owned jetty. Among its provisions, the grant of easement authorizes the County to install a protective fender system with "dolphins" along the portion of the seawall the easement will encumber. The County also will be responsible for maintenance and restoration of the subject portion of the seawall, and may make other improvements it deems appropriate so long as all plans and specifications have prior City approval. The easement rights will terminate upon the County abandoning its use of the reef maintenance facility, or by mutual written agreement with the City. The easement description includes submerged lands extending 36 feet northerly of the centerline of the jetty. This area was originally upland prior to being dredged. If the City continues to have any rights in these submerged lands, it grants the County easement within this area as well. In response to a question, City Engineer Mike Quillen said the City has always owned the jetty. Public Utilities Approve renewal of the Interlocal Agreement between the City of Clearwater and Pinellas County to allow the City to purchase bulk potable water from the County and authorize the appropriate officials to execute same. On March 19, 1976, the City of Clearwater entered into a 30-year agreement to purchase potable water from Pinellas County. That agreement expires on September 30, 2005. City and County staffs have negotiated to renew the agreement for an additional 30 years. The new Interlocal Agreement will commence on October 1, 2005, expire on September 30, 2035, and allows for a maximum daily potable water purchase of 15 million gallons per day (annual average). The City of Clearwater purchases 9 million gallons/day from Pinellas County and produces 3.6 million gallons per day from local wells, for a total potable water consumption of 12.6 million gallons per day by Clearwater’s customers. As contained in the Water/Sewer Rate Increase (approved December 16, 2004), the rate to purchase water from Pinellas County is scheduled to increase as follows: 1) $2.53/1,000 gallons, effective October 1, 2005; 2) $2.78/1,000 gallons, effective October 1, 2006; 3) $2.97/1,000 gallons, effective October 1, 2007; and 4) $3.18/1,000 gallons, effective October 1, 2008. In order to mitigate the impact of the County’s future rate adjustments, the City is simultaneously undertaking projects to increase our local water production, by expansion of the City’s well field and pumping capacity. From time to time, Pinellas County may raise the rate to purchase potable water under this agreement by action of the Board of County Commissioners. Approval of this interlocal agreement will require alignment of City Ordinances with that of Pinellas County for Cross Connection Control programs. This is not a significant issue. In response to a question, Public Utilities Director Andy Neff said the contract does not require a minimum purchase from the City. The City has purchased more in the past than the current contract maximum of 10-million gallons of water. The City’s goal is to reduce its purchase of water from the County. In response to a question, Water Superintendent Lou Badami said the City and County have not duplicated infrastructure. Public Services Approve Change Order #2 for the 2002 Water Service Line Replacement Contract (99-0078-UT) to Westra Construction Corporation of Palmetto, FL, for the 2005 contract (04-0068-UT), increasing the contract amount by $635,417.75 for a new contract total of $1,934,799.75 and authorize the appropriate officials to execute same. On October 17, 2002 the City Council awarded a contract to Westra Construction Company in the amount of $611,750. The purpose of this contract was to replace aging potable water service lines to improve flow and pressure to customers of the City’s water system and to reduce maintenance. This Project is the third phase of a multi-year program to replace older service lines that are constructed of galvanized pipe and copper tubing that deteriorate over time, causing line breaks, and reduction of flow capacity and pressure to individual customers. The City Council approved Change Order 1 on June 19, 2003. This change order was for the purpose of awarding the 2003 Water Service Line Replacements Contract (03-0005-UT) applying Westra’s 2002 unit prices to the 2003 bid quantities which increased the contract by $687,632 for a new contract total of $1,299,382. This Change Order #2 includes a reduction for finalizing the 2003 Water Service Line Replacement Contract (03-0005-UT) which closes Change Order #1 short by the amount of $210,146.75 and increases project costs by $845,564.50, applying Westra’s 2002 unit prices for the 2005 Water Service Line Replacements Contract (04-0068-UT) bid quantities for a new contract total of $1,934,799.75. This 2005 phase involves that portion of Clearwater lying North of Drew Street to Sunset Point Road, and East of Betty Lane to Wood Drive. The 2005 contract award to the Westra Construction Corporation, by this method, has been determined to be in the best interest of the City for this project, based upon Westra’s performance on the 2002 and 2003 projects. It is anticipated that this project will take 120 days. The work in this project will occur only up to, and possibly including, the customer’s meter and meter box (the City’s maintenance limits) -- each customer is responsible for their own service lines from the meter to their houses (the customer’s service line maintenance limits). In response to questions, Public Services Director Gary Johnson estimated the project would affect about 850 customers. Assistant Public Utilities Director Todd Petrie said this project is part of the original plan and funds have been allocated for it in the budget. City Manager Verbal Reports Emergency Response Update Emergency Manager Bill Vola reported 650,000 Pinellas County residents live in evacuation zones. A major hurricane like Katrina would affect the entire County, which has inadequate Category 5 shelter space. The City is working on plans internally. In case of a disaster, it will be important to bring personnel back to the City to begin relief efforts. Staff has identified some structures for upgrade as staging areas for employee response. Staff also is working to identify the number of homeless individuals and others who would be unable to evacuate so that arrangements can be made for transportation to shelters. Local schools partner with the City in evacuation efforts. Licensed nursing homes in Florida are required to submit evacuation plans. Mr. Vola said less than 30% of residents in evacuation zones left prior to last year’s hurricanes. It was recommended that residents be made aware that the City has a hurricane plan and that those who do not evacuate when ordered must be prepared to accept resulting consequences. The City Manager said people have the highest expectations for government aid during recovery efforts. The City will have to depend on State and Federal aid for recovery efforts. Fire Chief Jamie Geer reported FEMA (Federal Emergency Management Association) is rewriting its response plans, which previously were designed to begin three or four days after a disaster. It was recommended that storm surge markers be installed and that neighborhoods hold hurricane exercises, as many have not identified evacuation destinations. Mr. Vola reported staff has applied for three grants. Mr. Brumback noted strengthening structures could increase construction costs by up to 30%. It was felt the County should look at partnering with others to increase the structural integrity of new buildings, which could be used as shelters. Clearwater Gazette & Beach Views The City Manager referenced a recent Clearwater Gazette & Beach Views article regarding the millage rate was not accurately reflected. Council Discussion Items PMI (Pinellas Mobility Initiative) Meeting Discussion ensued regarding the PMI meeting and it was reported $3 million is available for a transit program. The PMI is interested in both BRT (Bus Rapid Transit) and a guideway system. Several levels of BRT and different routes are being considered. There are some citizens that say they will never ride a bus. It was felt public transportation is an important component of affordable housing and long-term solutions need to be considered including elevating PMI to a regional strategy. An opinion was expressed the $3 million should be split between the BRT and the guideway system. Discussion ensued and it was remarked persuasive analysis of citizens is needed before rail can be considered, BRT will provide the best return for the investment and would be an incremental step toward enlarging the local public transportation system. Comments were made the PSTA is bus-centric at times, the guideway system should be presented as tourist transportation from the beach, the Clearwater’s Downtown provides great potential for a guideway, and Pinellas County wants to test the program to show the citizens how a guideway will work. Information was requested regarding other cities’ successful efforts to improve public transportation. Consensus was to update the City’s previous ridership study. Other Council Action Consensus was to support the Mayor’s participation in the YMCA program, Activate America. Councilmembers reported on events in which they recently participated and reviewed upcoming events. Councilmember Jonson reviewed County Charter Review Committee discussions and requested a discussion be scheduled on establishing salary ranges for the City Attorney and City Manager. Adjourn The meeting adjourned at 12:09 p.m.