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01/06/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 6, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner - departed 9:49 a.m. Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager - departed 9:49 a.m. Assistant City Manager Assistant City Manager City Attorney City Clerk 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. PUR PURCHASING Approval of Purchases per Purchasinq Memorandum: 1. White River Distributors, Inc., Batesville, Arkansas, one (1) 2003 Freightliner LPG bulk delivery tanker for $79,900, funding to be provided under City's Master Lease-Purchase Agreement. 2. McClain Southland, Inc., Bartow, Florida, three (3) 2003 Freightliner cab and chassis with Tymco Model 600 street sweeper for $407,490.75, funding to be provided under City's Master Lease-Purchase Agreement. 3. Soliel Systems, Lutz, Florida, movable compact shelving with installation in new Main Library for $51,835. 4. Atlantic Ford Truck Sales, Inc., Ft. Lauderdale, Florida, four (4) 2003 Sterling L T9500 truck tractors for $306,432, funding to be provided under City's Master Lease-Purchase Agreement. 5. Duval Ford, Jacksonville, Florida, three (3) 2003 Ford F450 cab & chassis with Knapeheide service body for $89,973, funding to be provided under City's Master Lease- Purchase Agreement. 6. Lehman's Mobile Home Services, Largo, Florida, removal and disposal of 142 singlewide and 26 doublewide mobile homes (Kapok Mobile Home Park) in an amount not to exceed $262,710. 7. CompServ, Clearwater, network upgrades for $350,000, funding to be provided under City's Master Lease-Purchase Agreement. In response to a question, Purchasing Manager George McKibben said the street sweepers on the contract to McClain Southland, Inc., are a different brand than the previous sweepers. The City now has four larger model sweepers, which are 2003 Sterling L T9500 truck tractors from Atlantic Ford TruckSales, Inc. Commission Work Session 2003-0106 1 01/06/03 . . . In response to a question, Director of Information Technology Dan Mayer said the network upgrades from CompServ are for the Police Department and the MSB (Municipal Services Building). DS DEVELOPMENT SERVICES Approve one additional neiqhborhood services coordinator position (1.0 FTE) for Neiqhborhood Services, a division of the Development Services Department. Currently, the Neighborhood Services Division (Cost Center 1445), of the Development Services Department, includes the following 3.0 FTE positions: Neighborhood Services Manager; Neighborhood Services Coordinator; and Neighborhood Services Specialist. This division has an approved budget of $192,090 for FY03. The administration had internally approved one additional neighborhood services coordinator position (1.0 FTE) for Neighborhood Services at the same time the decision was made to add the $25,000 for the neighborhood beautification grant program; the FTE was inadvertently not included in the budget, nor was the related funding. Costs for the position are as follows: $36,900 for full time salary and benefits; $1,500 for a workstation and $4,500 for a computer station/laptop for a total of $42,990. Staff recommends approval of one additional FTE for a neighborhood services coordinator position ($42,990). Funding for this program will be defined at the mid-year budget review. The Mayor and staff were complimented for their efforts. MR MARINE /AVIATION Resolution 03-03 - petition the State to create a vessel exclusion zone with access corridors for each upland property owner from the centerline of the North ietty near Adam's Mark Beach Resort at the South end of Clearwater Beach and run eastward approximately 150 foot seaward of the MHWL to the centerline of the Clearwater Pass Bridoe. There has become a growing concern on the part of the Clearwater Police, Fire and Rescue, as well as Clearwater citizens about enforcement regarding illegal activities on the water in the area of the beach around Shepherds. Florida Statute 327.46 empowers the State to establish restricted areas for bathing or other purposes wherein it is unlawful to operate a vessel or to carry on other prohibited activity. The statute states, ". ..where such restrictions are deemed necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards." By requesting the creation of the designated vessel and aircraft exclusion zone on Clearwater Beach from the North jetty near Adam's Mark to the Clearwater Pass Bridge, we will increase the safety for swimmers and boaters, while assisting enforcement personnel. The State of Florida Fish and Wildlife Conservation Commission has agreed to assist the City in expediting an approved vessel and aircraft exclusion zone with corridors for each upland property owner within the proposed zone. After resolution 03-03 is passed, we will submit it to the State for approval and amendment to the City permit. Commission Work Session 2003-0106 2 01/06/03 . . . In response to a question, Marine and Aviation Director Bill Morris said staff explored the possibility of designating this area as a "safe swim zone". Staff determined that the area is unsafe for swimming due to strong currents and problems with large numbers of boaters. Additionally, upland property owners cannot be denied transit through an access corridor. Staff feels the vessel exclusion zone is the best resolution. Assistant City Manager Garry Brumback said a huge amount of unlawful activities on boats anchored in this area occurs. This exclusion zone is intended to provide an opportunity for families and patrons of hoteliers to feel comfortable to visit the beach. He said the Sheriff's office has been partnering with the City to find alternatives to the problems in this area. He found the vessel exclusion zone to be a viable and legitimate solution. Photographs were shown of the area depicting a large number of boaters. Jim Coates, Pinellas County Sheriff's Office, said the County only has nine patrol officers to police the waterways throughout the entire county. It is extremely difficult to police this area due to the large number of boats and the way they anchor so closely together near the beach. He felt this ordinance would greatly help to address problems in this area. Police Chief Sid Klein said it is nearly physically impossible to police this area. It would require a manpower-intensive operation. He said upon approval of this ordinance, the Sheriff's office would begin enforcement efforts by educating boaters about the new ordinance and issuing warnings. Buoys with signage would mark the vessel exclusion zone. Because each owner has a different frontage, patrols would exercise flexibility with upland property owners regarding use of the vessel exclusion zone. Concern was expressed that the minimum 150-foot zone may be too dangerous for swimmers because of the strong currents in the area, especially for boaters who drop off people, anchor their vessels, and try to swim to shore. Concern was expressed that frequent unloading and loading of passengers would create additional safety issues. It was suggested that staff find other alternatives. Mr. Brumback said staff tried other intermediate steps but they did not work. Chief Klein said police officers working with the Coast Guard on waverunners found it too dangerous to police the area. Mr. Morris said the State has indicated the vessel exclusion zone was a viable alternative they would consider. In response to safety and liability concerns, the City Attorney said warning signs should be sufficient. Corporal Summers, Pine lias County Sheriff Marine Unit, said every Sunday two boats are dedicated to this area. He said staff is constantly pulling people out of the water because of the strong currents. There were 13 arrests on Labor Day in that area. In response to a question, Mr. Summers believed a 100-foot exclusion zone would not be sufficient to deter the unlawful behavior of boaters. It was remarked that although local area businesses do not permit alcohol to be removed from their premises, many boaters bring their own alcohol. Many of them come from other cities and counties. Police Lieutenant Waters said large groups of boaters do not respect law enforcement and retaliate against officers when confronted. He felt this ordinance was the best approach to solving problems in the area. In response to a question, Mr. Waters said he felt the 150-foot vessel exclusion zone would be the most effective approach. Commission Work Session 2003-0106 3 01/06/03 . . . Commissioner Gray and the City Manager left the meeting. In response to a question, City Attorney Pam Akin said the Legal department staff has researched riparian rights, trespass, etc., prior to staff drafting this ordinance. In response to a question, Mr. Morris said the MAB (Marine Advisory Board) unanimously voted in favor of this ordinance. SWIGS SOLID WASTE/GENERAL SERVICES Award a contract to Container Systems & Equipment Company, Inc. of Daytona Beach, Florida, for the purchase of four (4) 2003 International curbside recycling trucks in the amount of $333,456 which was the lowest responsive bid in accordance with the specifications; declare four trucks surplus and authorize disposal through trade-in; authorize financing under the City's Master Lease/Purchase Financing Agreement in accordance with Sec. 2.564(1 )(d), and authorize initial vehicle preparation costs of approximately $15,000 for a total cost of $348,456. Residential Recycling currently operates eight curbside recycling vehicles to collect recyclable commodities from approximately 26,800 Clearwater, 1,430 Belleair and 190 unincorporated Pinellas County single-family residences. This purchase will trade in four 1995 International curbside recycling trucks that are worn out. The Recycling Department plans to operate these vehicles with current staff. This vendor is holding the unit price quoted on 2001 City of Clearwater bid #01-02. Initial vehicle preparation will be accomplished by Fleet Maintenance at an estimated cost of $15,000 for all four vehicles. The Recycling Vehicle Replacement capital improvement project #315-96806 will reflect a first quarter budget amendment of $333,456 to reflect the lease purchase cost of the vehicle. The $15,000 for the vehicle preparation costs is currently available in the project. The estimated debt service costs of $35,946 in 2002/03 will be reflected in the first quarter budget amendments for the Recycling operating fund. Anticipated operating revenues of the Recycling Fund will defray these costs. In response to a question, Finance Director Margie Simmons said this item was not budgeted in the correct account and a decision was made to lease purchase. Commission Work Session 2003-0106 4 01/06/03 . . . PLD PLANNING Public Hearina & First Readina Ordinances 7051-03 and 7052-03 - Petition for Land Use Plan Amendment from Industrial Limited (IL) to Institutional (I) and Zonina Atlas Amendment from Industrial. Research and Technoloay (IRT) to Institutional (I) for property located at 1285 South Ft. Harrison Avenue and 609 Pinellas Street. located on the east side of South Fort Harrison Avenue and the south side of Pinellas Street. apx. 620 feet north of Lakeview Road. consistina of portions of Poms Park, Petzold Gulf View, and A.C. Turner's Addition to Milton Park Sub. and Section 21-29-15 M&Bs 11.03 and 11.04; Owner: Morton Plant Hospital Association. Inc. LUZ2002-09008 The subject site involves two parcels of land approximately 5.6 acres in area located on the east side of South Ft. Harrison Avenue, west of the Pinellas Trail, north of A Street and south of Pinellas Street. The Pinellas Street parcel is currently vacant and the Morton Plant Information Systems and Outpatient Billing Departments occupy the South Ft. Harrison parcel. Both parcels have a land use designation of Industrial Limited (IL) and are zoned IRT, Industrial, Research and Technology. The applicant is proposing to amend the Future Land Use Plan classification of these parcels to Institutional (I) and to rezone them to I, Institutional to reflect the use and ownership of these parcels by Morton Plant Hospital. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: · The proposed land use plan amendment and rezoning is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. · The potential range of uses and the specific proposed use are compatible with the surrounding area. · Sufficient public facilities are available to serve the property. · The application will not have an adverse impact on the natural environment. · The location of the proposed zoning district boundaries are logical and an appropriate classification in this area. · The proposed district boundaries are appropriately drawn in regard to location and classification of streets, ownership lines and existing improvements. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel review and approval by the Department of Community Affairs is not required. The Community Development Board reviewed these applications at its regularly scheduled meeting on November 19, 2002 and unanimously recommended approval. Commission Work Session 2003-0106 5 01/06/03 . . . In response to a question, Long Range Planning Manager Gina Clayton said Morton Plant Hospital is planning to build a parking lot and day care center for employees. Staff has received no feedback from neighbors. She did not know if the offices to the south were permitted in the IRT zone under the former Code. She said this land use amendment reflects Morton Plant's current use. They are in the process of updating their masterplan for the entire campus. This project was part of that update. In response to a question, Assistant City Manager Ralph Stone said he felt this strategy supports the City's economic development goals. PW PUBLIC WORKS Public Hearinq - Declare surplus an 800 square foot portion, more or less. of City-owned property identified as Lot 1. A Resub of Baskins Replat. and adopt Resolution 03-01 dedicatinq said parcel as public riqht-of-way. (Clearwater Mall) Clearwater Mall, LLC, a foreign limited liability company has submitted a site plan and construction drawings to the City for the Clearwater Mall Redevelopment. A project feature includes widening the turn radius from eastbound Gulf to Bay Boulevard onto southbound Harbor Drive. City plan review staff has reviewed the submitted site plan and construction drawings and support the widening of the subject corner in the interest of public safety. The proposed improvement will encroach into a portion of City-owned property now occupied by existing Fire Station #49. Declaring the proposed 800 square foot triangular corner clip as surplus and dedicating it as public right-of-way will establish sufficient public thoroughfare to both widen the turn radius and construct a five-foot sidewalk adjacent to the new curb. Adoption of Resolution 03-01 complies with provisions of Section 2.01 (d)(5) of the City Charter that authorizes City-owned land to be declared surplus and dedicated as public right-of- way upon a determination the parcel is not needed for other municipal purposes. In response to a question, Assistant Director of Engineering AI Carrier said this proposed improvement would be in the City right-of-way. Public Hearinq - Declare as surplus a 0.660 acre portion of City-owned propertv identified as Pinellas County Parcel 07-29-16-00000-140-0400 for the purpose of qrantin!:l a perpetual Gas Pipeline Easement to Florida Gas Transmission Company, and !:Irant a 90-day Temporary Easement for extra work space associated therewith. The Florida Department of Transportation Drew Street overpass project, now under construction, requires that Florida Gas Transmission Company (FGTC) relocate its 12-inch natural gas transmission pipeline from within the project right-of-way. FGTC proposes to cut and abandon its present pipe within the project right-of-way, extend a replacement line under U.S19 adjacent to the CSX Railroad south right-of-way line, then across the City's Solid Waste transfer station property to the Florida Power right-of-way. Commission Work Session 2003-0106 6 01/06/03 . . . FGTC has requested the City grant a perpetual Gas Pipeline Easement containing 28,731.88 square feet (0.660 acres, more or less) across a portion of the City's Solid Waste transfer station property to facilitate rerouting the pipeline as described above. The proposed easement will be 24.52 feet wide at its easterly terminus at US19, and extend westerly approximately 995 feet along the southerly CSX Railroad right-of-way to a 30.31-foot wide terminus at the Florida Power right of way. Easement provisions require the pipeline be constructed using directional bore technology at a depth of 20 feet below an existing 30-inch City sanitary interceptor line lying within the easement grant. There will be no surface impacts to the City property, and plans for a future by-pass drainage channel within the easement area will not be affected. FGTC also has requested a temporary extra workspace on the east side of US19 containing 5,241.24 square feet, more or less. Use of the extra workspace area is limited to a maximum of 90 days, or project completion, whichever occurs sooner. Other than invasive species, no trees having a diameter of 4 inches or more at 4'Y2 above grade are to be removed, destroyed or damaged. The easement area is to be restored upon project completion. In response to a question, Engineering Director Mike Quillen said he believes the abandoned pipeline would be removed. Approve a five (5) year Business Lease Contract with Clearwater GrouP. Inc. reaardina City- owned property beina a portion of Section 9-29-15. M7B 42.02 commonly known as 712 North Osceola Avenue. to commence April 15. 2003. and provide one five (5) year option to extend. The Clearwater Group, Inc. ("Lessee") was established in 1946 as a non-profit civic organization. On April 7, 1988, the City and Lessee entered into a five (5) year lease of City- owned property at 712 North Osceola Avenue. The lease provided for two extension options, the last of which terminates April 14, 2003. The Lessee now has over 800 members. It holds 19 meetings per week and signs an average of 100 court-ordered meeting forms each month for the Pinellas County courts system. The Lessee also invites the public to a Halloween party and Christmas dinner. Since March of 2002, with approval of the City Manager, the facilities are opened for 6 additional weekly meetings run by The Attitude Adjustment Group of Alcoholics Anonymous. On average, the two groups have over 3000 people per month utilize the facility. In addition to the nominal $1.00 rent, additional considerations include: (1) making the premises available, when not in use by Lessee, to other civic groups approved by the City Manager, (2) paying all taxes, assessments, utilities, maintenance and insurance costs, and (3) submitting an annual report to the City Manager detailing all uses of the premises. The additional considerations remain in effect for the proposed lease. Since moving into the subject property the Lessee has retiled portions of the flooring, periodically repainted as necessary, replaced the air conditioning system, windows and lighting fixtures, fumigated for drywood termites; and established a paid position for maintenance. Commission Work Session 2003-0106 7 01/06/03 . In addition to termination due to lease default, the lease may also be terminated by the City upon providing Lessee sixty (60) days notice following a determination by the commission at a duly constituted public meeting that the property is required for other municipal purposes. In response to a question, Mr. Carrier said this site was not used for the Clearwater Garden Club. Public HearinQ & First ReadinQ Ordinance 7060-03 - Approve the applicant's request to vacate the 16-foot alley lyinQ alonQ a line 2 feet west of and parallel to the west property line of Lot 6, Block 16. Map of Belleair. (AKA 509 "0" Street), subiect to the retention of a drainaQe and utility easement over the full width of the alley. (V2002-13 City of Clearwater) (PULLED) This item was pulled from the agenda due to an incomplete legal description. Public HearinQ & First ReadinQ Ordinance 7061-03 - vacate the 10-foot drainaQe and utility easement located in the north 18 feet of Lot 83, Countryside Tract 58, (AKA 3336 Windchime Drive West), less the west 10 feet thereof. tOQether with the 10-foot drainaQe and utility easement portion located in a vacated portion of Cloudview Drive. (V2002-14 AQelatos) The applicant is seeking approval of the vacation request in order to combine the north 18 feet of Lot 83 with the vacated portion of Cloudview Drive to construct a single family home. . The Planning Department has no objections provided that the property owner obtains an administrative lot line adjustment prior to issuance of a building permit for a new single family home. Florida Power, Time Warner Cable, Verizon and Verizon Media Ventures have no objections to the vacation request. The property owner will be responsible to pay the costs associated with construction of the sewer main extension needed to serve the proposed new home. A 6-inch water line and an underdrain terminate in the east-west easement on Lot 83. No future extension of the water line is anticipated. The property owner will be required to cut and cap these facilities at the property line prior to issuance of a building permit. Pubic Works Administration has no objections to the vacation request. In response to a question, Assistant Director of Engineering Glenn Bahnick said a single family home is on Lot 83. . Commission Work Session 2003-0106 8 01/06/03 . . . First Readinq Ordinance 7062-03 - providinq a Reclaimed Water availability schedule to enable billinq division for commercial properties that minimally utilize reclaimed water. The reason for this ordinance change is to avoid multiple availability fees for one commercial property where reclaimed water will not be used because of limited green space. For a commercial property with more than one water account, but irrigating the property under a separate account using available reclaimed water, the fees for each connection will be as follows: Availability only Consumption Each service connection provided $9.00 $0.30/1,000 gallons $9.00 + use Charge one availability fee to a property and not each of the multiple individual accounts. The example of this situation is when a commercial property has multiple stores, etc., as multiple individual accounts, and the property is mostly parking lot and commercial space. The property owner irrigates or uses reclaimed water in some manner, but at only one location at the property. The location utilizing the reclaimed will be billed for availability & consumption. If another location on that property needs a service connection, that account will be billed according to the schedule above. This Ordinance shall take effect immediately upon adoption. In response to a question, Water Superintendent Steve Soltau said meters are only required on commercial properties that use reclaimed water. First Readinq Ordinance 7090-03 - implementinq chanqes to the qrease control proqram for the wastewater collection system. The disposal of grease into the sewer system causes blockages, posing a threat to public health and the environment. The US-Environmental Protection Agency (EPA) and Florida Department of Environmental Protection (FDEP) have implemented regulations to control wastewater collection system overflows. Roughly half of the overflows in Clearwater's wastewater collection system are caused by grease blockages. On September 20, 2001, the City Commission adopted a new grease control ordinance for the wastewater collection system. The Ordinance focuses on controlling grease at its source - food service facilities. This is done by regulating grease waste interceptor size, maintenance, and capacity, to handle grease waste prior to entering the wastewater collection system. The Ordinance also provides requirements for interceptor maintenance, record keeping and grease removal. Grease trap design criteria must comply with Florida Building Code and Department of Health criteria. Improvements to the ordinance are based on information and experiences gathered in the field during the implementation of the program this past year. Changes include definitions of Grease (1f,) and Wastewater Facility (1g), clarify the standard and the approval authority (3b), allowance for not requiring a permitted hauler for grease Commission Work Session 2003-0106 9 01/06/03 . . . interceptor capacity of less than 20 gallons (4a) (can be done by other means), improved enforcement of overflows caused by grease blockages (4a), more timely reporting requirements (4b), performance standards for under sink interceptors (4i), clarify language describing interceptor condition after pump out and exception (4g). There are no budgetary costs associated with this item. This Ordinance shall take effect immediately upon adoption. Industrial Pretreatment Coordinator Rob Powers gave a brief presentation on the grease control program. In response to a question, he said the pipe is cleaned weekly at some areas on the beach, Gulf-to-Bay Boulevard, and US19 locations. He said the City is trying to coerce businesses to comply with the new regulations. Conversion costs vary from $200 to $200,000, depending upon consumption. When grease enters the system, the entire system slows down. Costs to remedy the problems involve manpower and materials. The City has not been fined to date for sewer backups. In response to a question, Mr. Brumback said a business with interceptors 20 gallons or less are permitted to pump the interceptor themselves due to the smaller volume of grease involved and the prohibitive costs to use a licensed contractor to perform the operation. In response to a question, Public Utilities Director Andy Neff said this amendment would provide for improved enforcement capabilities. Mr. Powers said no input was obtained from local business owners. He said coffee grounds should not be dumped into sinks without grease interceptors. Triple sinks are required per the Department of Health. Once 20% of capacity is reached, the interceptors need to be pumped. Mr. Neff said inspections are done quarterly for approximately 508 establishments. In response to a comment, it was remarked fire inspections take an entire day, while grease control inspections take minutes. Chanqe Order NO.2. "Town Lake Rehabilitation Proiect" to Caladesi Construction Company in the amount of $35.428.99 for a new total of $3,025,882.82, and approve a time extension of 106 days for a revised completion date of March 26,2003. Caladesi Construction Company is currently constructing a four-acre stormwater treatment pond and park amenity in downtown Clearwater that will serve to reduce existing flooding problems and provide stormwater treatment to protect the water quality of Clearwater Harbor. This change order provides for this Contractor to extend the pedestrian overlooks and resolve drainage and electrical conflicts on this project. Administrative Change Order NO.1 provided for this contractor to install additional stormwater drainage to accommodate changes to the Mediterranean Village site plan and to avoid conflicts along Greenwood Avenue. It also included additional crushed stone bedding for the foundation of the brick ledge. Change Order No. 2 provides for this contractor to extend the pedestrian overlooks at the three locations around the lake. The overlooks need to be lengthened to meet the sidewalk at the proper grade elevation at one end and to be able to meet the Americans with Disabilities Act (ADA), requiring additional decking, piling and lights. Commission Work Session 2003-0106 10 01/06/03 . . . This change order also includes a conflict storm drainage structure to avoid an existing sanitary line along Prospect Avenue at Pierce Street and two electrical revisions required to meet the electric code. Resolution 02-51 was passed on November 21, 2002 establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2004 revenue bonds as a funding source were included in the project list associated with Resolution 02-51. Sufficient budget for 04 Stormwater Revenue Bond proceeds is available in project 357- 96125, Town Lake, to fund this change order. In response to a question, Mr. Brumback said more thought needs to be given to a name for the park. He said there were no design flaws with respect to ADA (Americans with Disabilities Act) requirements. Mediterranean Village is not defraying any of the costs but staff is working with them regarding the configuration of the lake. In response to a question, Mr. Stone said the Balk property is progressing. Ratify and confirm the award of a contract to Azurix North America Underqround Infrastructure. Inc.. in the amount of $154.850 for c1eaninq of the wastewater interceptor system from the east side of U.S. 19 to the Bayside Bridqe. in accordance with Section 2.564(1)(d) Code of Ordinances - City of St. Petersburq contract. The City has determined that $154,850.00 will be necessary to clean the existing wastewater interceptor pipeline from the east side of US 19 to the Bayside Bridge. Due to a recent overflow caused by heavy sediment buildup, it was determined that the line needed immediate attention. The City of St. Petersburg, Florida, awarded a contract to Azurix North America Underground Infrastructure, Inc., formerly Ridin Pipeline Services Inc., on July 17, 2001, through the competitive bid process. Azurix has agreed to honor the rate schedule as outlined in the City of St. Petersburg contract through the end of 2003. They have also agreed to dispose of the debris generated from the cleaning process for a cost of $75.00 per ton to the City. The project amount of $154,850.00 includes all estimated disposal fees. The City has agreed to adjust the water rate charged to Ridin Pipeline Services Inc. for these services to reflect those rates being charged by the City of St. Petersburg, however the overall project savings will adequately offset this additional cost. Azurix has established a favorable working relationship with the City, and has demonstrated their ability to provide a reliable product and professional service. Sufficient budget and revenue are available in WW Interceptor (343-96605) to fund this contract. Commission Work Session 2003-0106 11 01/06/03 . . . In response to a question, Mr. Bahnick said the recent beach closure is unrelated to this item. Public Works Administrator Mashid Arasteh said whenever a spill has occurred, the distance between that spill and the beach is significant enough that it does not adversely affect the beach waters. Staff will begin sampling beach waters to ensure there is no correlation. The City has a process for monitoring sewer overflow problems, however when large amounts of precipitation fall, there is little that can be done. The City schedules ongoing repairs of wastewater infrastructure. Award contracts to COQburn Brothers Electric, Inc. of Jacksonville, Florida, the only bidder for the proiect. in the amount of $752,374. for the WPC SCADA System Improvements), and to Blackburn Controls, Inc. of Kissimmee, Florida, in the amount of $70,809 for the purchase of computer software for the WPC SCADA System Improvements, in accordance with Section 2,564(1 )(b) Code of Ordinances, and approve $30,000 to purchase server and network equipment for the WPC SCADA System Improvements, for a total amount of $853,183. The Water Pollution Control Division of Public Utilities is in the process of significant improvements to the Supervisory Control and Data Acquisition (SCADA) Systems that provide monitoring and control capability to the plant operators for the treatment systems and processes at the City's three advanced wastewater treatment facilities. The work under this construction contract includes the construction of the plant communications infrastructure, power supply and control wiring to monitoring equipment, programmable logic controllers and communications equipment and interface panels. Due to the special nature of the work required under this contract and limited qualified contractors, the City received only one bid from a qualified Contractor. The original bid was for the amount of $961,720.00 submitted by Cogburn Brothers Electric, Inc. The original bid amount exceeded the City's estimate by approximately $270,000. A series of value-engineering sessions were conducted between the sole bidder, the Engineer and the City resulted in a reduction from the bid amount of $209,346.00, for the revised contract amount of $752,374.00. The reductions in cost were achieved without a reduction in the functional capability of the system. In addition to the construction of the system infrastructure, updated SCADA software is one component of the overall system improvements proposed. The software provides the operator the ability to interface to the PLC based controls and monitor plant and equipment performance. The software is being purchased from Blackburn Controls, Inc. who is the sole authorized distributor of the CiTect SCADA software in the State of Florida for the amount of $70,809.00. This CiTect software was selected for this project based on the following factors: 1) the CiTect software is currently utilized at the City's Water Treatment facilities and the City has standardized on this software to minimize operator training and support requirements; 2) the City currently utilizes an earlier version of this software at the Marshall Street facility which can be upgraded as part of this purchase. The cost to upgrade is less than the cost to provide a complete new licensed copy of an alternative software; and 3) this software is widely supported by technical programmers and is compatible with the planned use of SOL database to store historic operational data. McKim & Creed will be performing the initial programming of the software for the City's facilities and will provide documentation to the City for future reference and/or updates. Commission Work Session 2003-0106 12 01/06/03 . . . This project will also require the purchase of upgraded server and network equipment to be located at the three wastewater treatment facilities to support the SCADA system. These components will be purchased at a cost estimated at $30,000.00. The Commission previously approved an engineering Work Assignment in the amount of $198,000 for the design of the systems and for the software installation, set-up and PLC programming that will be required to complete the system improvements. The total estimated cost of the project including all of these components is $1,051,183.00. The entire SCADA system improvements are scheduled for completion within 360 days. This project is part of the WPC Master Plan Phase III, Project Number 96685 in the Annual Operating and Capital Budget and will be funded with bond proceeds. Sufficient budget and revenue are available to fund this contract. In response to a question, Mr. Neff said as this is specialized work and unique in nature only one bid was received, staff met with Cogburn Brothers Electric and reviewed the project and their bid. Staff also obtained input from a software company regarding what they felt would be a reasonable price for this project. That company's projections exceeded Cogburn's negotiated price. MR. Neff said this project involves the entire installation process including conduit, building panels and sensor mechanisms, etc. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES Enterprise Zone Development Aqency - 1 Appointment City Clerk Cyndie Goudeau said there are two vacancies on this board. Bob Fernandez's name will be added to the Consent Agenda for Thursday's Commission meeting. Community Relations Board - 4 Appointments Ms. Goudeau said there are four vacancies on this board and only three nominees. One member is not interested in reappointment. Staff has been unable to contact Member Robinson to determine his interest in serving on the board. Consensus was to place all the nominees' names on the Consent Agenda for Thursday's Commission meeting, including Mr. Robinson, and pull any uninterested parties from the list if needed. State 2003 Leqislative Packaqe The City of Clearwater submits each year a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The 2003 Session will begin March 4, 2003. The City's legislative liaison works closely with City management staff, the City's lobbying team in Tallahassee, and state legislative delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues for their potential benefit or detriment to citizens and local government. Once they receive the package, our state senators and representatives work to incorporate these issues and funding requests into the various bills before the legislature in their respective Commission Work Session 2003-0106 13 01/06/03 -, . houses. The bills then go to the Governor for consideration and approval or veto. The 2003 State Legislative Package includes such issues as: funding requests for the Hispanic Outreach Center, Disaster Preparation, Ross Norton Aquatic Center, Court/Chestnut/Myrtle -linking the bridge to Gulf to Bay; supporting lowering thresholds for Qualified Target Industry (QTI), restructuring Occupational License Fees, restoring state support for the State Aid to Libraries Funding, and protecting Sadowski/SHIP (State Housing Incentive Program) Funding Sources. Staff is requesting direction regarding legislation that would result in the Florida Department of Transportation designing roadway projects to be better neighbors in the community. It was suggested staff research how the City can acquire a permanent seat on the Tourist Development Council (TDC). It was remarked the City should try to obtain funds for landscaping from the Florida Department of Transportation (FDOT) because in this district, it appears road design is not a priority. Mr. Brumback said he has had discussions with the State regarding roadway design. He said as there are limited resources available, adding aesthetics could reduce the size of a project. It was felt Clearwater has not received its fair share of dollars with respect to increased efficiency, safety, and aesthetics of roadways. Surveys indicate that traffic is the number one problem in Pinellas County. It was felt that requesting additional funds for aesthetics should not be at the expense of projects. Federal 2003 Leqislative Packaqe . Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the package is approved, the City's legislative liaison will work with the federal lobbyist to submit our request to our delegation. The 2003 Federal Legislative Package includes such issues as: funding requests for Beach Walk Construction, Wastewater and Reclaimed Water Infrastructure, Clearwater Homeless Intervention Project (CHIP) Transitional Housing, COPS Technology; support legislation that will diversify Brownfields Remediation loans into grant funds, and Fire Act funding for pre-disaster and post-disaster mitigation. Staff is requesting direction regarding whether or not the Commission will take a position on President Bush's permanent tax cut proposal. Staff also is requesting direction regarding if the Commission intends to make a statement regarding the federal government providing funding for requirements resulting from Homeland Security mandates. Danielle McBeth, Alcalde and Faye, said the federal government is running at FY2002 levels. Only two of the appropriation bills that are traditionally passed have been approved and signed by the President. Two outstanding bills that have implications for the City are the Housing & Urban Development Bill and the Energy and Water Appropriation Bill. . Stevenson Creek was allocated $2.8 million in the Energy and Water Appropriation Bill during the FY 2003 cycle and all are working to keep that appropriation. Appropriations of $225,000 for Clearwater Beach Redevelopment and $500,000 for wastewater and reclaimed water infrastructure improvements are pending. They are expected to pass another continuing resolution to consider an Omnibus Bill to take care of the remaining appropriations. Commission Work Session 2003-0106 14 01/06/03 . . . She said next year she would seek direct appropriations as well as grants for Clearwater. In response to a question, Ms. McBeth said there have been FEMA firefighter assistance grants distributed under the Fire Act. She suggested the City participate in workshops to be conducted regionally. She said there is a recreational trails program authorized by TEA-21 from which the City can seek funding. There is an additional funding resource for certain projects. It was suggested that staff add funding for homeland security mandates to the list. The Commission did not want to take a position on permanent tax cuts. Charter Review Committee Appointments The City Charter requires the Commission to appoint a Charter Review Advisory Committee at least every five years in the January of a year preceding a general City election. Section 7.02 of the City Charter calls for no less than ten members and provides that the committee review the existing Charter and make recommendations for revisions to the Commission. The following names have been submitted and their applications and/or resumes are attached: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Patricia Bates-Smith Mark P. Bryan Thomas S. Calhoun Joseph A. Calio Emilio J. Correa Bruce A. Dennis Jeffery J. DiPolito John Doran Melody W. Figurski Nicholas C. Fritsch Dolores M. Fry 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Rita Garvey Issay M. Gulley Tim Johnson, Jr. Jay F. Keyes David MacNamee J. Dwight McEntire Lynne N. Robertson Joanie Sigal Mary Story Lawrence (Duke) Tieman Elizabeth I. Van Zyl Suggested issues to be reviewed include: a. Form of governance - Strong Mayor vs. City Manager form; distribution of authority - manager authority vs. Commission prohibitions; b. The Commission - number of members; at large vs. district seats; length of terms; and c. Limitations - allow transfer/donation of residential and/or property of limited economic value; relieve or clarify 60-year lease language; merge the two sections regarding limitations on City-owned bluff/waterfront property. Ms. Goudeau requested Commissioners submit the names of those individuals they wish to appoint, so that she could obtain an application from them. Commission Work Session 2003-0106 15 01/06/03 . . . Approve quit claim deed to clarify and correct a conveyance dated March 7, 1962 to EmmaRoberts, Nancy M. Meador and Verona Adams and their successors in office as Trustees for the Mary Custis Lee Chapter #1451, United Dauqhters of the Confederacy that is beinq made for the purpose of removinq any defects on title. On March 7,1962, the City of Clearwater conveyed the property known as 3158 Gulf to Bay Boulevard, Clearwater, Florida to Emma Roberts, Nancy M. Meador and Verona Adams as Trustees of the Mary Custis Lee Chapter 1451 United Daughters of the Confederacy. All of the above-named individuals are deceased. The original deed contained a provision that the property would revert to the City of Clearwater if construction was not started on a museum and clubhouse on the property within two years of the date of the deed. An affidavit has been provided that this reverter provision was satisfied. The Chapter is selling a portion of their property and the original deed needs to be corrected in order to clear the title for the sale. In response to a question, Ms. Akin said there was only the condition that a structure be built on the site and used as a museum. The museum was not required to stay open or be continually maintained. At the time of that stipulation, there was no 501-3c, however one is now in place. The City does not own this property, but is merely clearing the title. Other Commission Action Commissioner Hibbard said now that the fountain is gone from the roundabout, the City needs to determine options. Mr. Brumback said staff would be bringing forward options after obtaining public input. Commissioner Jonson said the TBRPC (Tampa Bay Regional Planning Council) gave a presentation at their last meeting regarding the business of arts in our community. More people in this area attend arts events than college sports according to a flier from Price WaterhouseCoopers. He referred to a story from a former GTE executive that stated that people were moving to the City of Dallas, Texas because it is perceived to have better schools and cultural venues. He encouraged everyone to attend the Suncoast League of Cities Advocacy Workshop at the Harborview Center on January 27,2003. Commissioner Hamilton said he is ready for warmer weather. Mayor Aunqst said he is meeting with County Commissioner Karen Seel and Pinellas County Sheriff Rice and hopes discussion will lead to further cooperation, especially financial. He referred to documents regarding the City's and Sheriff's bids for services to Safety Harbor. He noted he will miss the next Work Session and Commission meeting as he is scheduled to attend the Conference of Mayors. Adjournment The meeting adjourned at 11 :52 a.m. Commission Work Session 2003-0106 16 01/06/03