03/03/2014 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
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Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, 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 listed in agenda order although not
necessarily discussed in that order.
Mayor George Cretekos called the meeting to order at 1:00 p.m. at City Hall.
1. Economic Development and Housing
1.1 Approve the Business Maintenance and Continued Performance Agreement with
Instrument Transformers, Inc., which establishes certain conditions including
capital investment, new mob creation, annual average wage thresholds for new
employees, and other considerations as required by the City's Economic
Development Ad Valorem Tax Exemption enactment authority, and authorize
appropriate officials to execute same. (consent)
On December 19, 2013, City Council approved for Instrument Transformers, Inc.
(ITI) Ordinance 8524-13 providing Economic Development Ad Valorem Tax
Exemption (ED AVTE) of 75% for a period of 10 years. The ED AVTE applies to
the increase in real and tangible personal property taxes that will result from ITI's
expansion at their facility located at 1907 Calumet St in Clearwater (also known
as 1925 Calumet Street, Clearwater).
All businesses approved for ED AVTE must execute a Business Maintenance and
Continued Performance Agreement, which establishes the performance criteria in
effect during the term of the exemption (10 yrs).
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The Agreement outlines the conditions and terms for Instrument Transformers,
Inc. and includes performance measures of job creation, wage verification and
evidence of capital investment including purchases or leases of machinery and
equipment and construction of the expanded facility. The Company is also
required to submit an annual report for staff verification of maintenance and
performance requirements and includes conditions for Council revocation should
the Company fail to meet the obligations of the agreement, which include the
following:
Tangible Personal Property and Real Property Capital Investment:
• The company will purchase or lease approximately $20.6 million in
machinery and equipment
• The budget for construction of +/- 212,000 sq. ft. is approximately $25.4
million
Job Creation and Wages:
• The company will create at least 143 new jobs, that together, will pay an
annual average wage of at least $42,000, which is at least 100% of the
Pinellas County Average Annual Wage as published by Enterprise Florida,
Inc. on January 1, 2013
Sales Factor:
• The Company is to certify annually that greater than 50% of the company's
goods are sold outside of the Tampa-St. Petersburg-Clearwater MSA.
The agreement terminates in 2023.
1.2 Approve an agreement with Instrument Transformers, Inc. to provide certain
economic incentives as an inducement to encourage the company to invest
approximately $46 million in new construction, machinery and equipment for the
expansion in Clearwater resulting in the creation of 263 new manufacturing lobs
and approximately 212,000 sq. ft. of new construction creating a GE
Manufacturing Center of Excellence, and authorize the appropriate officials to
execute same. (consent)
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In November 2011, the City of Clearwater approved a citywide Economic
Development Strategic Plan that calls for the use of incentives and other tools to
encourage desired development.
On August 14, 2013, City Council approved Resolution 13-18 providing
commitment of QTI Local Match for Project Banner ($42,900). (Project Banner is
the alias name given to the project in accordance with Florida Statutes, s.288.075,
regarding request for confidentiality). On the same date, the City Council
approved Resolution 13-21 providing authorization for the Economic Development
and Housing Director to negotiate possible incentives including tax refunds and
exemptions, and cash and non-cash incentives as an inducement to expand
Project Banner's operations in the City of Clearwater. Subsequent to the
Director's transmittal of the City's proposed incentives and the Company's
acceptance of the same, the Council approved for Instrument Transformers, Inc.,
the following: Economic Development Ad Valorem Tax Exemption (December 19,
2013; estimated value of$1,486,141); Public Service Utility Tax Exemption
(December 19, 2013; estimated value $186,400).
This agreement provides for cash reimbursement and non-cash commitments to
the project as follows:
Cash
Reimbursement of Fees (Not to exceed $262,500)
Reimbursement of necessary, required and reasonable fees, charges, and
surcharges, which may include, but are not limited to Application, Permit, Impact,
Inspection, Reinspection, Utility, Special, Amendment, Examination, Service,
Connection, or other fees, charges and surcharges paid to the City of Clearwater
during the development review, site planning and construction, and building
planning and construction phases up to and including the issuance of a Certificate
of Occupancy by the City of Clearwater.
Reimbursement of fees identified above are to be made after the Certificate of
Occupancy is issued and copies of all paid receipts are received by the Director of
the Economic Development and Housing Department.
Non-Cash
Fast-Track Permitting ($9,000 Value)
The City of Clearwater will provide fast-track permitting assistance to ensure
prompt and timely response to permit review.
Gas Main/Service Line Extension and Meter Installation ($2,500 Value)
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Clearwater Gas System (CGS) will extend natural gas piping/facilities and install a
meter at no charge to the customer. Any gas piping installed beyond the outlet of
CGS's meter shall be paid for and owned by the customer. In addition, all pipe
installation services beyond the meter shall be performed by a licensed natural
gas contractor and will be the customer's responsibility to maintain such gas pipe.
Road Improvements ($1,000 Value)
In order to address the potential need for a northbound to westbound left turn lane
on Hercules Avenue at Calumet Street, the City will install approximately 1,600
lineal feet of double-yellow center line and a traditional striped island between
Calumet Street on the north end and a point 800 lineal feet to the south which will
effectively create a 120 lineal foot northbound left turn lane which will
accommodate six to eight vehicles. Such road improvements are based upon the
recommendations made by RAYSOR Transportation Consulting, LLC, Traffic
Study dated July 8, 2013, and revised September 12, 2013.
The agreement terminates when the company has completed construction,
received its Certificate of Occupancy and the City has met the terms of the
agreement which is estimated to be by December 31, 2015.
Source of Funding
Funding for this item will be provided by a mid-year budget amendment allocating
General Fund reserves in the amount of$262,500 to 181-99744, Economic
Development Incentives. This amount is for the reimbursement of fees for this
project. The balance in General Fund reserves is approximately $19.8 million, or
17.3% of the 2013/14 General Fund operating budget. Inclusive of the $1.4 million
used to fund the current operating budget, a total of$2,460,415 of General Fund
reserves has been used to date to fund expenditures in the 2013/14 operating
budget.
2. Human Resources
2.1 Approve the Agreements between the City and Cigna Health and Life Insurance
Company providing Administrative Services and Stop Loss Insurance for the
period from January 1, 2014 to December 31, 2014 at a total cost of
approximately $1.8 million in accordance with the funding authorized by City
Council on October 14, 2013, and authorize the appropriate officials to execute
same. (consent)
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On October 14, 2013, City Council authorized the funding for City medical
insurance under a partial self-insured arrangement with a one-year contract for
third-party administrative services including stop loss insurance to be provided by
Cigna. This request is for approval of the contracts between the City and Cigna for
the provision of administrative services and for stop loss insurance projected to
keep the City's total medical insurance costs below the $15.8 million authorized
by Council. The total cost of the Stop Loss Agreement is approximately $86,000
lower than initially estimated due to the recommended elimination of Aggregate
Stop Loss coverage, as it is not anticipated that the City's claims will approach the
projected Minimum Attachment Point of$17.367 million, at which point the stop
loss carrier would begin providing aggregate coverage.
3. Parks and Recreation
3.1 Approve Concession Operations Agreement from March 1, 2014 through June
30, 2014 with Edward Bates, individually d/b/a Kinney's Kitchen (Kinney's), to
provide food concession services for programs and activities held at the EC
Moore Softball Complex, and authorize the appropriate officials to execute same.
consent
On January 19, 2011, a Request for Bids for the operation of food concession
services at EC Moore Softball Complex was issued and Kinney's was the
successful bidder.
Kinney's has been providing concession services for the City sporting events
primarily held at EC Moore Complex for the past several years. During this time,
Kinney's has provided excellent service to users and visitors to the Complex.
The current agreement with Kinney's ends in March of this year. In order to
continue concession operations at EC Moore staff is requesting approval of this
interim agreement from March 1, 2014 to June 30, 2014 in order to give staff
sufficient time to prepare a new Request for Proposals (RFP) for concession
services in accordance with purchasing guidelines. Kinney's will provide food
concession services at EC Moore Softball Complex for City sponsored league
games, special events and tournaments as well as providing portable concessions
services at other athletic sites and facilities as needed and approved by Parks and
Recreation Department Director. Under the Operations Agreement, Kinney's will
pay a license fee of equal to $9,000 for the four months of operations.
Staff is recommending shifting from a percent of gross sales to a flat monthly
license fee since the financial oversight and reporting of the percent basis is
difficult to manage and this assures the City of a set amount of revenue that can
be budgeted in the general fund.
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Staff will bring a new Concessions Operations agreement back to the council in
late May or early June once the RFP process is completed and a new contract
negotiated. Fees received from Kinney's in Fiscal Year 2010/11 were $20,706
and in 2011/12 was $ 23,796.
3.2 Update on Parks and Recreation Master Plan (WSO)
Parks and Recreation Administrative Support Manager Felicia Leonard provided a
PowerPoint presentation. Ms. Leonard reviewed the Community Engagement Process
and the guiding principles and action items created established through the Master Plan
Update process. The mail survey mirrored the results from the community workshops.
In response to questions, Ms. Leonard said the survey reconfirmed the philosophy
already implemented by the Department: there is a desire for larger playgrounds with
more playground equipment, restrooms at special use/high-volume facilities, court
lighting should be at the neighborhood level, and that recreation centers should serve
an entire community and not just a neighborhood. The Master Plan Update has
prioritized the following parks that need improving: Martin Luther King, Jr., Crest Lake,
Morningside, Cherry Harris, Marymont, and Wood Valley Recreation Center. Parks and
Recreation Director Kevin Dunbar said Marymont Park is located across from the
Landings on Airport Road and is leased to the Lady Bombers to operate. Action items
will be included in the capital improvement program through the annual budget process.
Ms. Leonard said Crest Lake Park is defined as a neighborhood park in the Master
Plan, not a special use facility. Athletic fields and Coachman Park are defined as
special use facilities. The response rate of the mail survey was 20%. The survey went
to 2,500 random Clearwater residents. The redevelopment of Coachman Park was
identified as a top priority.
The City Manager said Council has always articulated the vision for Coachman Park.
Mr. Dunbar said the Master Plan identified needs for the Parks and Recreation System;
the process did not consider the future vision of specific facilities. The vision for
Coachman Park will be explored when the sire is ready for redevelopment.
In response to questions, Mr. Dunbar said the City is responsible for the large capital
improvements at Brighthouse Field. Ms. Leonard said the surveys identified that there
is a need for trails. Staff has identified future bike trail segments that need funding
through the Bike/Trail Master Plan.
4. Police
4.1 Approve acceptance of Florida Department of Transportation (FDOT) High
Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety Grant Award in
the amount of$29,036.80 for police overtime and related fringe benefits and
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authorize the appropriate officials to execute same. (consent)
On December 4, 2013, Clearwater Police Department (CPD) was granted
approval by the Resource Management Committee to submit a grant application
in the amount of$29,036.80 under the state HVE program to create a pedestrian
and bicycle safety project. The grant has been officially awarded and CPD now
seeks approval to accept it.
During October 1, 2012 through September 29, 2013, the Clearwater Police
Department (CPD) saw 2 pedestrian fatalities; 50 pedestrian injuries; 5 bicycling
fatalities; 46 bicycling injuries; and 190 total overall pedestrian/bicycle crashes.
Many pedestrian-related crashes and fatalities are due to mistakes made by the
pedestrian, not the motorist. Failure to cross at traffic signals or in designated
crosswalks has been cited as one of the major causes of pedestrian fatalities.
Other common causes of pedestrian-related crashes in Clearwater can be directly
related to risky behavior and impaired judgment on the part of the pedestrian.
Pedestrians, bicyclists, and motorists all need to be better educated about the
rules of the road and the importance of following them. Education of the public is
essential if these issues are ever to be resolved and a reduction in pedestrian and
bicycle crashes reduced.
In order to address all of these challenges, CPD will create a comprehensive
enforcement/education project aimed at changing the behavior of all who use
Clearwater's roadways. Additional funding from FDOT for overtime and fringe
benefits to create the project will allow CPD to concentrate the necessary
additional manpower for enforcement and education through the use of additional
overtime.
Throughout the six-month grant period, CPD will work closely with FDOT, City of
Clearwater Traffic Engineering Division, Clearwater Americorps members,
Clearwater Beach Chamber of Commerce, Clearwater Chamber of Commerce,
Pinellas County Metropolitan Planning Organization (MPO), Pinellas County
Suncoast Transit Authority (PSTA), and Jolley Trolley, to implement an effective
and efficient Pedestrian/Bicycling Safety project utilizing approximately 15 patrol
officers/sergeants who have demonstrated an interest and affinity for traffic,
bicycle and pedestrian enforcement. The details will be worked by this select
group of officers, focusing on the following target areas:
• Memorial Causeway Bridge
• Beach Roundabout and associated crosswalks
• 400 block of Mandalay Avenue
• 300-400 blocks of South Gulfview Boulevard
• 1100-1200 blocks of Gulf Boulevard
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• South Missouri Avenue corridor
• Chestnut Street corridor
• Court Street corridor
• 400-800 Cleveland Street
• 1300-2400 blocks of Gulf to Bay Boulevard
• Gulf to Bay Boulevard-U.S. Highway 19
In aggregate, details will be scheduled twice per week, four hours per detail,
utilizing an average of two officers per four-hour detail, throughout the project
period of March 7 through August 15, 2014. Selected officers will receive specific
training on traffic enforcement and educational opportunities with the public prior
to implementation of the project.
CPD will use a two-pronged approach to this project, with special emphasis on
education at the beginning and throughout the grant period, coupled with
enforcement activities, i.e. warnings and citations. CPD will also utilize many of
the educational materials focusing on pedestrian and bicycle safety available from
FDOT and the Pinellas MPO in order to educate the public about these issues.
This will be supplemented by community/business presentations made by CPD
officers, additional signage, and social media campaigns (such as the police
department's Facebook page).
CPD will measure crash data in the target areas at the beginning and conclusion
of the grant period and compare the figures to determine if the number of
pedestrian/bicyclist crashes has been reduced.
There will be no direct adverse impact to the Police Department annual operating
budget nor is there a required match.
Special project number 181-99201, 2014 HVE Pedestrian and Bicycle Safety, will
be established to account for the grant expenditures.
In response to questions, Police Chief Anthony Holloway said the team will be
monitoring areas in between intersections. Message boards will also be used to
educate the public.
4.2 Approve acceptance of Florida Department of Law Enforcement (FDLE), Justice
Assistance Grant Countywide (JAG), in the amount of$17,735, and authorize
the appropriate officials to execute same. (consent)
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On February 6, 2014, Clearwater Police Department (CPD) was awarded a JAG
funding in the amount of$17,735 by FDLE for the purchase of a new Tactical
Headset System for SWAT Team use.
The Liberator II BTH Tactical Headset System offers integrated two-way
communication, sound-attenuation and user comfort. Originally designed for
military Special Forces, the Liberator II BTH provides a new Behind-the-Head
suspension system for exceptional comfort and digital sound processing for
accurate replication of ambient sound. Progressive audio-compression technology
supports hearing safety. Unlike other sound-attenuating headsets, the Liberator II
BTH enhances the user's situational awareness by accurately replicating the
audio properties, direction and magnitude of ambient sound sources in the
headset.CPD has not previously had P-25 compliant noise-attenuating
communications equipment. This product will represent an enhancement over the
currently utilized rudimentary earpieces that provide no hearing protection for the
user.
The Tampa Bay Area Law Enforcement Community has been steadily migrating
toward digital communications equipment that is interoperable. This migration
required replacement of our handheld radios, making the rudimentary
communications equipment utilized by the SWAT team obsolete. The nature of
SWAT operations frequently exposes team members to extremely loud noise with
the potential to exceed OSHA guidelines in certain circumstances. FEMA
classifies all SWAT teams based on capability. A basic requirement for all SWAT
teams is hearing protection, which CPD's SWAT Team currently does not have.
CPD's SWAT team deploys 10-12 times per year and trains with firearms and
distraction devices approximately 10 times per year. This enhanced equipment
will be suitable for use during every deployment and firearms training while
allowing the team members to maintain situational awareness and
communications. Because a frequent issue cited in SWAT After-Action Reports
are communication problems, this will greatly enhance officer safety and
effectiveness of SWAT team operations.
Purchase of the Tactical Headset System will be Sole Source as Tactical
Command Industries is the only provider of the headsets and accessories. Sole
Source certification letter is attached.
Total cost of the tactical headsets and associated accessories will be $20,976.
The difference between the amount of grant funding of$17,735 and total cost is
$3,241, which CPD will fund from SLEF, Special Project 181-99331. Special
Project 181-99200 has been established to account for the grant expenditures.
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5. Engineering
5.1 Accept a Drainage Easement conveyed by Westchester Lake Condominium
Association, Inc. encompassing city-owned drainage facilities at two locations.
consent
The City is planning improvements to drainage facilities on property owned by
Westchester Lake Condominium Association, Inc. (WLCA). These city-owned
drainage facilities receive stormwater from Countryside Boulevard and from
privately owned property owned by WLCA. The proposed easement is being
donated, and will allow the City to make the planned improvements and continue
to maintain the facilities.
5.2 Accept two Traffic Signal Utility Easements conveyed by property owners at
Westfield Mall and Countryside Centre. (consent)
Staff is planning to replace the traffic signal system at the intersection of
Countryside Boulevard and the Westfield Mall and Countryside Centre entrances.
The facilities will be upgraded, as industry standards require the installation of
mast arms that are able to withstand certain level winds. There is insufficient area
within the right-of-way for the installation of these facilities. Macy's Florida Stores,
LLC, owner of property to the north of the intersection, and
Weingarten/Investments, Inc., owner of property to the south, have each agreed
to donate an easement to the City. The proposed easements will allow the City to
install and maintain the facilities and equipment as designed.
6. Official Records and Legislative Services
6.1 Appoint Christopher J. Anuszkiewicz to the Municipal Code Enforcement Board
to fill the remainder of an unexpired term through October 31, 2014.
There was consensus to appoint Christopher Anuszkiewicz.
6.2 Work Session for Public Records and Sunshine Law Review
The City Clerk said the City Attorney has requested a special work session to review
Public Records and Sunshine Laws shortly after the March 11 election. The meeting is
expected to last approximately two hours.
There was consensus to tentatively schedule the special work session for Thursday,
March 20, 2014 at 4:00 p.m. in City Hall.
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7. Legal
7.1 Adopt Ordinance 8533-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 2730 Curlew
Road, from Residential Urban (RU) to Residential Low Medium (RLM).
7.2 Adopt Ordinance 8537-14 on second reading, annexing certain real property
whose post office addresses are 1238 Palm Street, 1215 Palm Street, 1349
Union Street, 1329 State Street and 1230 Aloha Lane into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
7.3 Adopt Ordinance 8538-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office addresses are 1238 Palm Street, 1215
Palm Street, 1349 Union Street, 1329 State Street and 1230 Aloha Lane, upon
annexation into the City of Clearwater, as Residential Urban (RU).
7.4 Adopt Ordinance 8539-14 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office addresses are 1238 Palm
Street, 1215 Palm Street, 1349 Union Street, 1329 State Street and 1230 Aloha
Lane, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
7.5 Approve the Release and Termination of restrictions upon certain privately
owned land executed by Bay Park Center, Inc., located in the NE 1/4 of the SE
1/4, Section 19-29-16, known as 18820 U.S. Highway 19, which were originally
accepted by the Clearwater City Commission on July 5, 1973, and authorize the
appropriate officials to execute same.
As an apparent condition to approval for the development of certain real property,
Bay Park Center entered into those certain restrictions dated June 27, 1973 and
recorded in the official records of Pinellas County at O.R. Book 4051, page 1874
(Restrictions).The City accepted the Restrictions at a public hearing on July 5,
1973 and thereafter recorded the Restrictions.
The Owner has applied for and received a land use plan amendment for the
Property rendering the Restrictions in conflict with the future land use category,
and the Owner and City have determined the Restrictions are no longer
necessary to protect the Property.
Paragraph 3 of the Restrictions requires written consent of the City, after a public
hearing on the subject, for any exception, variation or termination of the
Restrictions. The Owner is requesting a Release and Termination of the
Restrictions and staff recommends approval.
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8. City Manager Verbal Reports
8.1 Pinellas County Noise Abatement Task Force Appointment
The City Manager said J.B. Jonson, the city representative for the Pinellas County
Noise Abatement Task Force, is resigning. The County has asked that we identify an
appointee.
The City Clerk was directed to contact recent Citizens Academy graduates and the Del
Oro Home Owners Association. Council will make the appointment at the March 20
council meeting.
8.2 Clearwater Marine Aquarium (CMA) Update
The City Manager said the feasibility study for the new aquarium is still not available.
CMA representatives anticipate the study to be available by March 10.
The City Attorney said negotiations with the CMA will not begin until after the feasibility
study and the CMA revises the plan. Negotiations are expected to commence during
May or June.
9. Council Discussion Items
9.1 Greenlight Pinellas Resolution and Presentation Process for Council Meeting.
The City Clerk said presentations by the proponent and opponent will occur on
Thursday. As directed by Council, presentations will be begin no sooner than 7:00 p.m.,
each side will be given ten minutes.
There was consensus to hear the presentations before approving the resolution.
10. Closing Comments by Mayor— None.
11. Adjourn
The meeting adjourned at 2:31 p.m.
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