12/02/2013 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
December 2, 2013
Present: Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Jay 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
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Vice Mayor Paul Gibson called the meeting to order at 1:00 p.m. at City Hall.
1. Economic Development and Housing
1.1 Approve an economic development ad valorem tax exemption of 75% of the
increase in real and tangible personal property taxes for a period of 10 years for
Instrument Transformers, Inc. beginning in Tax Year 2014 through Tax Year
2023; and pass Ordinance 8524-13 on first reading.
Instrument Transformers, Inc. (ITI), a subsidiary of General Electric Company
(GE), has been in Clearwater for 38 years. The company is currently located at
1907 Calumet St in Clearwater (also known as 1925 Calumet Street, Clearwater)
and is 190,700 SF on 17.44 acres and employs 436.
The company proposes an expansion of the facility to create a manufacturing
Center of Excellence for GE. They are creating 263 new jobs (143 of these new
jobs will, on average, pay at least $41,810, which is 100% of the Pinellas County
Average Annual Wage as published by Enterprise Florida, Inc. on January 1,
2013).
Company is proposing +/- 208,000 SF new construction and $49,000,000 in
capital investment that includes $20.6 M in Machinery and Equipment, $26.7 M in
Construction, and $1.7 M in land acquisition (which will be annexed into the City
at a future date). The site plan was approved by the Community Development
Board on October 15, 2013.
Work Session 2013-12-02 1
Authorization to Negotiate
On August 14, 2013, City Council approved Resolution 13-21 providing
authorization for the Economic Development 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. (Project Banner is the alias name given to the project in accordance
with FS s.288.075 regarding request for confidentiality.)
The resolution required that such incentives offered to and negotiated with Project
Banner must yield an estimated payback period of no greater than 7 years with an
estimated rate of return of no less than 10% as determined by economic impact
analysis using Total Impact modeling by Impact Data Source. The resolution also
states the maximum cash and value of non-cash incentives is not to exceed the
value of the road improvements, fees, concessions, rebates, exemptions, waivers
refunds and reductions. Further, any agreement reached under this resolution
must be brought back before the City Council for final consideration.
An Opinion Letter was transmitted to the company on September 6, 2013, and
offered the following incentives: The Qualified Target Industry (QTI) Local Match
(approved by Resolution 13-18 on August 14, 2013), cash and non-cash value of
the certain proposed incentives, ED AVTE, and public service utility tax exemption
(as proposed in Ordinance 8504-13). The offer was accepted as presented.
On November 1, 2013, Economic Development and Housing received a complete
and eligible Economic Development Ad Valorem Tax Exemption (ED AVTE)
application and attachment form DR-418 from Instrument Transformers, Inc.
requesting exemption of 75% for a period of 10 years. In accordance with Chapter
29, Article VII of the City's Code of Ordinances, applicants may request an
exemption on the increase in real and tangible personal property taxes (excluding
land) which result from the company's expansion of its Clearwater facility. Per the
City's process, the application attachment (DR-418) was submitted to the Pinellas
County Property Appraiser's office for review. Staff received the completed
Appraiser's report on November 8, which included the following:
• The company meets the definition of Expanding of an Existing Business as
defined by FS 196.012(16)
• Estimate of taxable value lost to the City if the exemption is applied for is
granted-
-Real Property $21,360,000
-Tangible Personal Property $16,480,000
Work Session 2013-12-02 2
• Estimate of the revenue lost to the City during the current fiscal year if the
exemption requested would otherwise be subject to taxation-
-Revenue lost $195,065 [Calculation: ($21,360,000 + $16,480,000) x $.0051550 =
$195,065]
Ordinance 8524-13 Overview
This Ordinance provides ED AVTE of 75% for 10 years for Tax Year 2014 through
Tax Year 2023. Staff recommends this maximum ED AVTE based on the
following:
1) The project exceeds minimum thresholds:
o Job creation threshold minimum for Manufacturing is 10 jobs
-The project will create 263 new jobs
o Pinellas County Average Annual Wage threshold is $41,810 (for applications
received in 2013)
-143 new jobs will meet the requirement
o Minimum Capital Investment required is $100,000
-The project budget is +/-$49,000,000
o >50% of goods sold outside Tampa — St. Pete — Clearwater MSA
-99.75% of locally produced goods are sold outside the MSA
2) Additionally, the company is committed to-
o Producing an innovative line of products
o Local procurement and will strive to incorporate as many qualified local and
small business firms as appropriate
o Local hiring and will work with WorkNet Pinellas and local staffing agencies
o Environmental sustainability and has been recipient of GE's eCO2 award for
exemplary progress toward meeting Corporate environmental goals.
3) An impact analysis of the company's project proposal shows a significant net
positive contribution to the local economy:
Economic Impact:
o Permanent ITI jobs to be created: 263 jobs
o Additional indirect and induced jobs (spin off): 185 jobs
o Salaries to be paid to ITI workers: $98.8M
o Total economic impact (Pinellas County over 10 years) $229AM
Fiscal Impact (over 10 yrs):
Work Session 2013-12-02 3
o Present Value of Net Benefits to City: $1,542,096
Incentives Analysis (Based on Cash and Non-Cash Incentives):
o Rate of Return: 41.9% ROR
o Payback Period: 2.1 years
Business Maintenance and Continued Performance Agreement Overview
All businesses approved for ED AVTE must execute a Business Maintenance and
Continued Performance Agreement which establishes the in effect during the term
of the Exemption (10 yrs).
Performance measures including job creation, wage verification and evidence of
capital investment including purchases of machinery and equipment and
construction of the expanded facility are elements of the agreement. 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.
Economic Development and Housing Assistant Director Denise Sanderson provided a
PowerPoint presentation.
In response to questions, Ms. Sanderson said Instrument Transformers was considering
another country. Economic Development and Housing Director Geri Campos Lopez
said staff will work with partners on marketing the project.
1.2 Amend the Clearwater Code of Ordinances, Chapter 29, Article III, Public
Service Tax, Section 29.76, Exemptions, for the purpose of providing incentives
for businesses to relocate to, or expand within the City, providing for an
exemption of Public Service Taxes on a decreasing graduated basis for a period
of five years, for the purchase of electricity or metered natural gas, when
Purchased by certain industrial customers within the NAICS code number 33441
in accordance with Florida Statute 166.231(6) and pass Ordinance 8508-13 on
first reading.
In accordance with Florida Statute 166.231(6), this Ordinance provides authority
to the City of Clearwater to provide an exemption of the city-portion of the Public
Service Utility Tax for a period of five years beginning on March 1, 2015 and
expiring on February 28, 2020, for the purchase of electricity or metered natural
gas in the following manner:
Metered Natural Gas
Work Session 2013-12-02 4
Year 1 100%
Year 2 80%
Year 3 60%
Year 4 40%
Year 5 20%
Electricity
Year 1 50%
Year 2 40%
Year 3 30%
Year 4 20%
Year 5 10%
Program Goals
The Public Service Tax Exemption Program is intended to support economic
growth within the City of Clearwater by providing incentives for businesses to
relocate to, or expand within the City, encourage capital investment and job
creation, and promote and strengthen the local economy as identified in the City's
approved Economic Development Strategic Plan. This program will position
Clearwater as an attractive business location not only in the Tampa Bay region,
but also throughout the State of Florida and beyond.
Exemption Certificate
Upon approval of this Ordinance, staff will send the Exemption Certificate to all
eligible industrial businesses within the City of Clearwater identified as NAICS
code number 33441, including those with subcategories 334412, 334413, 334416,
334417, 334418, and 334419. The business will certify they are exempt and send
the Certificate to the vendor with a copy to the City of Clearwater Finance
Department.
Limitations
Work Session 2013-12-02 5
Pursuant to the terms of the exemption, use of metered natural gas or electricity
purchased for any nonexempt purpose will be subject to all applicable taxes.
In response to questions, Economic Development and Housing Assistant Director
Denise Sanderson said Florida Statutes allows a NAICS declaration code, for example
Instrument Transformers declared 334416. Any company that falls under the 33441
declaration code, as well as its subcategories, would be eligible for the exemption. The
City Attorney said Instrument Transformers is currently the only company in that
category. The exemption sunsets based on specific dates; starting in 2015 and in 2020.
If a company receives the exemption in year three, the company will receive the benefit
for only two years.
2. Gas System
2.1 Approve a facility encroachment agreement with CSX Transportation, Inc to
install a natural gas main at the Betty Lane railroad crossing, and authorize the
appropriate officials to execute same. (consent)
In order to continue supplying natural gas service and maintain our necessary gas
mains, Clearwater Gas System is required to replace a gas main crossing the
railroad facilities of CSX Transportation, Inc. at Betty Lane north of Drew Street
and south of Palmetto Street. The existing gas main was installed in 1951 and it is
in need of replacement. The proposed gas main will be Polyethylene (PE), which
is the pipeline material currently used in our distribution system. This new
crossing is part of our antiquated main replacement project to remove all bare
steel and galvanized gas mains.
Staff pulled Agenda Item 2.1 as the agreement has not been finalized.
3. Human Resources
3.1 Approve the Amendment to the City of Clearwater Cafeteria Plan document to
provide for the allowance of the carryover of up to $500 in health Flexible
Spending Arrangement account funds in accordance with United States
Department of Treasury and IRS guidelines issued on October 31, 2013 and
authorize the appropriate officials to execute same. (consent)
On October 31, 2013, the U.S. Department of the Treasury and the IRS issued a
notice modifying the use-or-lose rule for health flexible spending arrangements
(FSAs). To make health FSAs more consumer-friendly and provide added
flexibility, the updated guidance permits employers to allow plan participants to
carry over up to $500 of their unused health FSA account balance remaining at
Work Session 2013-12-02 6
the end of a plan year to the following year. The provision does not apply to
dependent care FSAs at this time.
In order to take advantage of the new carryover option permitted under the
Treasury Department notice, Section 125 cafeteria plans offering a health FSA
must be amended to set forth the carryover provision. Plans may be amended
effective beginning with plan year 2013. This change will permit the City to begin
allowing employees to carry over up to $500 of the unused amounts remaining in
their health FSA accounts for expenses in the next year beginning immediately.
The City's FSA administrator WageWorks is prepared to manage the new
provision and effect the change in order to allow for the carryover of health FSA
funds from the current plan year into 2014. The City's Aflac provider has indicated
that it will continue to fund the cost of any fees imposed by WageWorks for the
administration of the City health FSA accounts including the carryover, resulting in
no additional cost to the City associated with this request.
3.2 Approve the renewal of the agreement as modified between the City and MHNet
for employee and retiree Employee Assistance Program and Mental
Health/Chemical Dependency benefits, from January 1, 2014 to December 31,
2014, and authorize the appropriate officials to execute same. (consent)
The agreement between the City and MHNet for the provision of EAP and Mental
Health/Chemical Dependency services expires on December 31, 2013 and
provides for an automatic one-year renewal.
The City offers EAP and Mental Health/Chemical Dependency benefits through
MHNet to all regular full-time employees, their dependents covered under the
City's medical insurance, all regular part-time employees, and retirees and their
dependents covered under the City's medical insurance only. MHNet has
proposed a modification of the current rates to align the premiums more
accordingly with the claims being incurred for the respective services. The
proposed changes include an increase in the per member/per month cost for EAP
services from $1.39 to $1.64 and a corresponding reduction of the same amount
in the per member/per month cost for Mental Health/Chemical Dependency
services from $6.76 to $6.51. The result is a net zero increase in the overall City
cost for the services. This rate modification will in no other way alter the terms of
the current agreement between the City and MHNet, nor the services currently
being offered.
3.3 Approve the settlement agreement and release between Michael Faulkner and
the City of Clearwater in the amount of$37,500.00 (consent)
Work Session 2013-12-02 7
Michael Faulkner is currently employed by the City of Clearwater as a Fire
Lieutenant with Clearwater Fire Rescue. Mr. Faulkner alleged that the former Fire
Chief delayed his promotion to Fire Lieutenant on the basis of age and therefore
discriminated against him. Mr. Faulkner filed a charge with the EEOC and sued
the City on that basis.
While the City denies that any discrimination took place, a decision was made to
settle this litigation for the sum of$37,500. This settlement agreement does not
construe any admission of wrongful acts by the City and settles any and all claims
Mr. Faulkner may have in this regard. Funding for this settlement agreement will
be provided by a first quarter budget amendment allocating General Fund
reserves in the amount of$37,500 to the Fire Department Operating Budget. The
balance in General Fund reserves is approximately $17.9 million, or 15.5% of the
2013/14 General Fund operating budget. Inclusive of the $1.4 million used to fund
the current operating budget, a total of$1,839,443 of General Fund reserves has
been used to date to fund expenditures in the 2013/14 operating budget.
4. Parks and Recreation
4.1 Approve an amendment between American Healthways Services, Inc.
(Healthways) and the City of Clearwater (City), allowing the City to be a provider
of fitness services and benefits for eligible Medicare Members known as the
SilverSneakers Program at the Henry L. McMullen Tennis Complex, 1000
Edenville Avenue, Clearwater, FL and authorize the appropriate officials to
execute same. (consent)
Healthways has established a network of sponsoring organizations throughout the
country to provide fitness services, to benefit Medicare participants represented
by their medical providers. In the State of Florida, there are 15 such providers
associated with Healthways. Healthways has established a program known as
SilverSneakers where by their members can get health and fitness programs at
approved provider sites at no cost. The City entered into a contractual agreement
with Healthways on March 3, 2011, which designated five City Recreation Centers
as Healthways' SilverSneakers sites. The City's obligation is to provide facilities
for seniors to engage in the various approved SilverSneakers programs and
activities. For every visit made to an approved program, which ranges from
simply working out in the fitness room or pool to organized exercise classes, the
City is reimbursed or subsidized at a rate of$3.00 per day per visit not to exceed
$30.00 per month per participant. The reimbursement paid by Healthways is
inclusive of any and all taxes that may be required to be paid to any governmental
authority. The SilverSneakers program has achieved success since launching at
five city recreation sites in June 2011. The partnership has resulted in more than
1,500 new annual members; increased participation; improved the health and
quality of life for our senior residents but also provided an infusion of much
needed new revenue into the City. This contract amendment adds the McMullen
Work Session 2013-12-02 8
Tennis Complex as the sixth SilverSneakers site among Clearwater Recreation
centers.
4.2 Approve 2.1 Full Time Equivalent (FTE) beach lifeguard positions to provide
additional coverage at Clearwater's public beaches from March 1 to Labor Day
and approve funding for these positions to come from parking revenue at first
quarter. (consent)
In Fiscal Year 2009/10 due in part to the economic downturn in the economy and
reduction of tax funding, the Beach Guard Program was reduced by
approximately 33% from 14.5 FTEs ($684,030) to 9.9 FTEs ($458,300). Over the
past four years there has been no increase in staffing levels and only a modest
1.6% increase in operating budgets; attributed to salary and benefit increases to
its current budget for Fiscal Year 2013/14 of$487,730. Tourism to Clearwater and
Clearwater Beach has increased significantly during this time. Clearwater Beach
has won numerous awards and designations and recently named Best Beach by
USA Today. The continued success of Clearwater's investment in projects like
Beach Walk, Pier 60 renovations and Marina District improvements only add to
the popularity and volume of people visiting Clearwater Beach. With this influx of
people, especially during the peak times of between March 1 and Labor Day, staff
is recommending that the Beach Guard Team be increased by 2.1 FTEs in order
to expand the hours of operations to cover the beach from 9:30 am to 6:30 pm.
Currently the guards are off the beach at 4:30 pm, which leaves the public
beaches unattended even while there are still a lot of beach goers and activities
going on at the beach. Extending beach guarding by two hours per day will give
residents and visitors to the beach added security and a sense of safety that is not
now being provided. The current beach guard program is funded through the
Parking Fund. Staff is recommending that these new positions be funded with
parking funds as well. For the remainder of this year, the budget impact will be
approximately $52,670; the annual budget impact will be approximately $79,000.
4.3 Ratify and confirm the City Managers approval of a Customs Power of Attorney
(POA), authorizing Lisa Ragan Customs Brokerage to accept merchandise
Purchased by the City from Chongqing Arlau Civic Equipment Manufacturing
Co., Ltd (Arlau), Chongqing, China; and approve the City Manager and/or his
designee be allowed to sign off on any future customs POAs if they should arise
in the future. (consent)
On August 27, 2013, the Parks and Recreation Department issued Purchase
Order BR509161 to Arlau, for stainless steel 316 grade backless benches and
stainless steel removable bollards to be used on Beachwalk. Unknown to staff, a
Work Session 2013-12-02 9
POA was needed by the customs broker to receive the goods when they come to
port in Jamaica, New York, estimated date of arrival December 5, 2013.Without
the POA, the goods could not enter the United States and there would be
additional fines, penalties and storage charges on the goods. Therefore, the
City Manager approved signing the POA on behalf of the City so that the goods
could be received without these additional costs and additional problems with
customs. This is a standard issue in the shipping industry. By giving the City
Manager or his designee the ability to sign off on these standard POA forms, the
City will be better prepared to meet future needs if they should arise.
In response to questions, Parks and Recreation Kevin Dunbar said it was the first time
the Department purchased directly from the manufacturer. The City Attorney said the
City needs someone to receive the delivery. The delivery is shipped back if not
received.
4.4 Approve the grant agreement between the City of Clearwater and the State of
Florida, Department of State, Division of Cultural Affairs (FDCA) for the Cultural
Facilities Grant in the amount of$1,000,000 for the renovation of the Capitol
Theatre, including the filing of a Restrictive Covenant on the Capitol Theatre
Property requiring that the facility be used as a cultural facility for ten years from
the effective date of the grant agreement and authorize the appropriate officials
to execute same. (consent)
The City has been awarded a matching grant in the amount of$1,000,000 for the
renovation and expansion of the Capitol Theatre property. The grant is to be
used exclusively by The City of Clearwater, in partnership with Ruth Eckerd Hall,
Inc. (REH), to renovate and expand the Capitol Theatre properties located in
downtown Clearwater the public purpose for which these funds were
appropriated. The Theatre will be renovated and upgraded to meet modern code
and accessibility requirements, and is expected to be completed by December 18,
2013. On July 18, 2013 in advance of the approval of this agreement between
the City and FDCA, Council approved increasing the Capitol Theatre budget
(CIP315-93623) for the construction of the Capitol Theatre in the amount of
$500,000 upon receipt of the $1,000,000 grant and amended the Capitol Theatre
Operating Agreement between the City and REH to reflect same.
4.5 Approve second amendment to the Capitol Theatre Operating Agreement
(CTOA) between the City of Clearwater (City) and Ruth Eckerd Hall, Inc. (REH);
amending the Capitol Improvement Program by transferring $500,000 of Penny
Funds from Fiscal Year 2014/15, Ruth Eckerd Hall, to the Capitol Theatre budget
(CIP 315-93623); and authorize the appropriate officials to execute same.
Work Session 2013-12-02 10
On September 20, 2012, the City entered into the CTOA with REH to renovate
and operate the Capitol Theatre Facility located at 401, 403 and 409 Cleveland
Street for a period of 30 years. The CTOA provided funding of the project in the
amount not to exceed $7,112,209. On July 18, 2013, the City Council approved
an increase of$500,000 to $7,612,209 based on the anticipated receipt of State
funding via the Cultural Facilities Program Grant. In the City of Clearwater's
Capital Improvement Program, there is $500,000 in Fiscal Year 2014/15 CIP
budget that was allocated as a contingency for the construction of the Capitol
Theatre with the intention of using any remaining funds toward the educational
center at Ruth Eckerd Hall. On October 21, 2013, the City received a letter from
Mr. Josh Magidson, Chairman, and Mr. Zev Buffman, President/CEO of Ruth
Eckerd Hall, Inc. requesting the use of this contingency for the construction of the
Capitol Theatre. This $500,000 was dedicated through Penny for Pinellas, and
requires a Public Hearing for this change. The public hearing notice was
advertised on November 20, 2013. A first quarter budget amendment will
transfer the remaining $500,000 budgeted for the Ruth Eckerd Hall Capitol
Theatre contingency and the expansion of the learning center to project 315-
93623, Capitol Theatre. The project is currently under construction, and is
estimated to be completed by December 18, 2013. All other terms and conditions
of the original agreement will remain in full force and effect.
5. Police
5.1 Approve renewal of a License Agreement between the City of Clearwater,
referred to as the Licensor, and the United States Coast Guard Auxiliary Flotilla
11-1, referred to as the Licensee, to utilize space located at 645 Pierce Street on
an intermittent basis for the period January 1, 2014 through June 30, 2014, and
authorize the appropriate officials to execute same. (consent)
The Licensor and Licensee entered into an Agreement for the Licensee to
intermittently utilize space located at 645 Pierce Street. The agreement will expire
on December 31, 2013.
The Licensor and the Licensee would like to continue the Agreement for an
additional six-month period, commencing January 1, 2014 through June 30, 2014.
The City of Clearwater will be granting to Licensee a license to occupy and use
the Premises, subject to all the terms and conditions stated or referenced in the
Agreement to include available parking areas.
All activities of the Parties under the Agreement will be carried out in accordance
with the terms and conditions outlined in the document.
Work Session 2013-12-02 11
The Agreement will remain in effect for the period, January 1, 2014 through June
30, 2014, while the Licensee is conducting its monthly meetings and the public
education programs listed in paragraph 5. C. of the Agreement and may be
amended or modified by the mutual written consent of the Parties' authorized
representatives.
The Clearwater Police Department shall, at all times, have priority use of the
Premises for its own needs and may cancel any meeting or program referred to in
paragraph 5. C. due to an emergency necessitating the use of the Premises.
The Agreement may be terminated at any time, upon thirty days written
notification by either party.
There are no costs/fees associated with the use of the Premises by the Licensee.
6. Engineering
6.1 Approve the conveyance of three Distribution Easements to be granted to Duke
Energy for the installation of electrical facilities within three separate city
construction projects, to be executed and recorded at such time as the as-built
locations of such facilities are available; and authorize the appropriate officials to
execute same. (consent)
Duke Energy (Duke) will be installing facilities in support of three separate city
construction projects. Duke will install the facilities under right-of-entry permits
granted by the City Engineer. Staff is requesting that Council approve the
easements at this time; however, the easements shall not be executed and
recorded until each facilities installation is complete and as-built diagrams may
accurately reflect facilities location as an exhibit to each easement. The proposed
easements will grant Duke the appropriate authority to install, operate and
maintain its facilities in support of the following City projects:
City Project 13-0033-EN - Lights will be installed at the Clearwater Beach Marina
parking lot located at 45 Causeway Boulevard. The new lighting will provide for
improved safety conditions and will also allow the City to generate additional
revenue by expanding parking-enforcement hours.
City Project 09-0039-FD - Facilities will be installed to provide service to Fire
Station 45 currently under construction at 1140 Court Street.
City Project 10-0039-UT - The City will be installing a production well at the
McMullen Tennis Complex located at 1000 Edenville Avenue. The existing test
production well will be converted to a production well to provide raw water to R.O.
Plant No. 2.
Work Session 2013-12-02 12
6.2 Approve selection of Amax Building Corporation of Oldsmar, FL as the
Construction Manager at Risk (CM at Risk) for the proposed Countryside Branch
Library project (11-0059-LI). (consent)
The City issued RFQ 25-13 in July 2013 for CM at Risk firms for the Countryside
Branch Library project. Nine firms responded.
The review committee included representatives of the Library, Solid
Waste/General Services, Parks and Recreation, Engineering and the Harvard
Jolly project architect, as a non-voting member. The selection committee chose
four firms for oral presentations including Ajax Building Corporation, Creative
Contractors, Inc., Biltmore Construction Co., Inc., and A.D. Morgan Corporation.
A portion of the oral presentations addressed specific questions the city sent to
the firms in advance.
The Review Committee recommends Ajax Building Corporation (Ajax) for the
following reasons:
• The large number of library projects they have completed (50+), many with
Harvard Jolly.
• Approximately 95% of their work is municipal.
• Ajax included numerous ideas to involve the community during the
construction process. They will provide a webcam enabling the public to
view real time construction photos linked to the city website.
• Ajax was the only firm that pointed out their installed equipment would have
Quick Response labels, allowing Building and Maintenance staff to
electronically access warranty and operation and maintenance manuals.
• Ajax was the only firm that included in their presentation that they link
construction photos to the as-builts, enabling Building and Maintenance
staff to have record of the interior of walls etc., before the walls are
enclosed.
Ajax will provide preconstruction services under a Purchase Order including
design review and construction cost estimating. Once design approaches final
construction documents, staff will present a guaranteed maximum price contract
to Council for approval.
In response to questions, Engineering Construction Manager Tara Kivett said the firm is
located in Oldsmar, Florida. As mentioned during one-on-ones with Council, the project
will be utilizing the Energy Star rating system instead of pursuing LEED certification.
The project will follow Greenprint policies. Ms. Kivett said the architect has provided a
range for the estimated utility cost. The design development documents were
distributed to staff today; the amount of glass has been reduced. Staff will look at utility
estimates during this review process. Ajax will assist staff with the cost estimates based
Work Session 2013-12-02 13
on the architect's design and provide energy efficiency alternatives if the cost is too
high.
The City Attorney said Council will have another opportunity to review the project when
the contract is awarded to Ajax.
7. Planning
7.1 Continue Development Agreement between Mainstream Partners VIII, LTD (the
Property owner) and the City of Clearwater, providing for the allocation of 100
units from the Hotel Density Reserve to an undetermined date. (HDA2013-
08004)
The applicant is requesting the continuance in order to prepare changes to the
Conceptual Site Plan as directed by Council at its October 16, 2013 meeting. The
applicant is not sure when their revised Conceptual Site Plan and Elevations will
be ready and is not ready to commit to a date certain for their next Council
hearing.
8. Legal
8.1 Authorize additional funding in the amount of$160,000 for representation of the
City by Smolker, Bartlett, Schlosser, Loeb and Hinds in the matter of Bair v. City
of Clearwater. (consent)
On September 5, City Council approved outside counsel representation for this
case and an initial funding in the amount of$40,000. To date, the City has gone
to mediation with the Plaintiffs, which resulted in an impasse. The additional
funding in the amount of$160,000 is estimated to be sufficient to take the case
through trial if necessary. The details of the case are as follows.
On or about April 2001, the Plaintiffs submitted a building application to Planning
and Development to remodel their property in Island Estates. Because the
property is below the 100-year flood elevation and is located in a V flood zone, the
Community Development Code requires any substantial improvements to existing
structures to comply with the flood damage-resistance provisions, including that
the structure be elevated. Substantial Improvement is defined as the
reconstruction, rehabilitation, addition or other improvement of a structure during a
one-year period, the cost of which equals or exceeds 50 percent of the market
value of the structure before the start of the construction of the improvement.
Work Session 2013-12-02 14
The Building Official required the Plaintiffs to submit a non-substantial
improvement application and related materials demonstrating that the work was
not a substantial improvement. The City initially issued a building permit in July
2011 and Plaintiffs began work in August of that year. The City then placed a
Stop Work Order on the property because Building determined that in fact the
work constituted a substantial improvement. The Plaintiffs appealed this
determination to the Building/Flood Board of Adjustment and Appeals; the Board
ruled in favor of the City. The Plaintiffs did not further appeal the Board's decision
to Circuit Court, but instead began the process, which resulted in the filing of this
lawsuit.
The Plaintiffs' suit has two counts, one under the Bert J. Harris, Jr. Private
Property Rights Protection Act and a second for Equitable Estoppel. The Plaintiffs
claim that they have lost market value on their property due to their partial
demolition of the structure in alleged reliance on the issuance of the permit and
due to their alleged inability to complete the renovations. The City has pleaded a
number of defenses to the action.
The additional funding of$160,000 is available in the City Attorney's Professional
Services budget.
8.2 Adopt Ordinance 8485-13 on second reading, annexing certain real property
whose post office address is 1247 Union Street into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
8.3 Adopt Ordinance 8486-13 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 address is 1247 Union Street, upon
annexation into the City of Clearwater, as Residential Urban (RU).
8.4 Adopt Ordinance 8487-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1247 Union
Street, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
8.5 Adopt Ordinance 8488-13 on second reading, annexing certain real property
whose post office address is 1501 Laurel Drive into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
8.6 Adopt Ordinance 8489-13 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 address is 1501 Laurel Drive, upon
annexation into the City of Clearwater, as Residential Low (RL).
Work Session 2013-12-02 15
8.7 Adopt Ordinance 8490-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1501 Laurel
Drive, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
8.8 Adopt Ordinance 8491-13 on second reading, annexing certain real property
whose post office address is 1248 Sunset Point Road, together with the Right-of-
Way of Chenango Avenue abutting the subject property, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
8.9 Adopt Ordinance 8492-13 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 address is 1248 Sunset Point Road,
together with the Right-of-Way of Chenango Avenue abutting the subject
property, upon annexation into the City of Clearwater, as Residential Urban
(RU).
8.10 Adopt Ordinance 8493-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1248 Sunset
Point Road, together with the Right-of-Way of Chenango Avenue abutting the
subject property, upon annexation into the City of Clearwater, as Medium
Density Residential (MDR).
8.11 Adopt Ordinance 8494-13 on second reading, annexing certain real property
whose post office address is 2854 Sunstream Lane into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
8.12 Adopt Ordinance 8495-13 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 address is 2854 Sunstream Lane, upon
annexation into the City of Clearwater, as Residential Low (RL) and Preservation
(P).
8.13 Adopt Ordinance 8496-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 2854 Sunstream
Lane, upon annexation into the City of Clearwater, as Low Density Residential
(LDR) and Preservation (P).
8.14 Adopt Ordinance 8498-13 on second reading, amending the Community
Development Code to revise a footnote in the use of tables for the Tourist
District.
Work Session 2013-12-02 16
8.15 Adopt Ordinance 8499-13 on second reading, annexing certain real property
whose post office address is 1962 Chenango Avenue into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
8.16 Adopt Ordinance 8500-13 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 address is 1962 Chenango Avenue, upon
annexation into the City of Clearwater, as Residential Urban (RU).
8.17 Adopt Ordinance 8501-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1962 Chenango
Avenue, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
8.18 Adopt Ordinance 8502-13 on second reading, annexing certain real property
whose post office address is 1222 Palm Street into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
8.19 Adopt Ordinance 8503-13 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 address is 1222 Palm Street, upon
annexation into the City of Clearwater, as Residential Urban (RU).
8.20 Adopt Ordinance 8504-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1222 Palm
Street, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
8.21 Adopt Ordinance 8505-13 on second reading, annexing certain real property
whose post office address is 1946 Chenango Avenue, together with the North 30
feet of vacated State Street abutting Lot 22 into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
8.22 Adopt Ordinance 8506-13 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 address is 1946 Chenango Avenue,
together with the North 30 feet of vacated State Street abutting Lot 22, upon
annexation into the City of Clearwater, as Residential Urban (RU).
8.23 Adopt Ordinance 8507-13 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1946 Chenango
Avenue, together with the North 30 feet of vacated State Street abutting Lot 22,
upon annexation into the City of Clearwater, as Low Medium Density Residential
Work Session 2013-12-02 17
(LMDR).
8.24 Adopt Ordinance 8509-13 on second reading, amending Section 2.447,
Clearwater Code of Ordinances, regarding the Firefighters Supplemental
Pension Plan allocations.
8.25 Adopt Ordinance 8525-13 on second reading, adopting a new City Seal.
8.26 Adopt Ordinance 8526-13 on second reading, amending Section 2.474(1),
Clearwater Code of Ordinances regarding the Police Supplemental Pension Plan
allocations.
9. City Manager Verbal Reports — None.
10. Council Discussion Items
10.1 Council discussion of City Manager and City Attorney salary increases.
In response to questions, Human resources Director Joe Roseto said all unionized and
SAMP employees will be receiving a 2.5% increase, in the form of a merit increase, a
lump sum payment or a step increase. In the strong mayor form of government, the
mayor is the Chief Operating Officer and is compensated at higher levels as the mayor
runs the city. In this form of government, the mayor hires a chief of staff who is
compensated at a high level as well. In the council-manager form of government, the
city council sets the policy and the city manager runs the daily operations of the city.
The Cities of St. Petersburg and Tampa have a strong-mayor form of government.
Discussion was deferred to Thursday's council meeting.
10.2 MPO Long Range Transportation Plan Development Process - Councilmember
Hock-DiPolito
Councilmember Doreen Hock-DiPolito encouraged Council to review the proposed
resolution, which follows the resolution on the MPO Long Range Transportation Plan,
before the council meeting.
In response to a question, Councilmember Hock-DiPolito said she will request of the
financial analysis from PSTA and MPO.
Discussion ensued with concerns expressed regarding the reported overcrowding of
ridership schedules. It was stated that a model resolution is being prepared by the
Advisory Committee for Pinellas Transportation.
Work Session 2013-12-02 18
Discussion deferred to the next work session.
11. Closing Comments by Mayor— None.
12. Adjourn
The meeting adjourned at 2:17 p.m.
Work Session 2013-12-02 19