07/14/2014 Council Worksession Meeting Minutes July 14, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, July 14, 2014
1 :00 PM
Council Chambers
Council Worksession
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City of Clearwater
Council Worksession Meeting Minutes July 14, 2014
Roll Call
Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also Present - William B. Horne II - City Manager, Jill S. Silverboard -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.
1. Call to Order - Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations - Given.
2.1 Service Awards
Four service awards were presented to city employees.
The July/August 2014 Bimonthly Team Award was presented to the
South team: Mark Tokar, Cherise Sarnoff, Sean Ambrose, and Dennis
Keegan. The July 2014 Employee of the Month Award was presented to
Barry LeCavalier, Public Utilities.
Council recessed from 1:07 p.m. to 1:09 p.m. to meet as the Pension Trustees.
3. Office of Management and Budget
3.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2014/15 and set public
hearing dates on the budget for September 4, 2014 and September 18, 2014, to be
held no earlier than 6:00 p.m.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing
and adopting a budget. This information must be provided to the Pinellas
County Property Appraiser and Tax Collector by August 4, 2014. The City's
proposed millage rate and public hearing dates will be included on the TRIM
notices mailed to taxpayers in August. This tentative rate cannot be increased
without first-class mailing notification to each taxpayer at the expense of the
City of Clearwater, not less than 10 days and not more than 15 days before the
public hearing.
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Council Worksession Meeting Minutes July 14, 2014
The City Manager's recommended millage rate is 5.1550 mills. The rate is
8.09% more than the rolled back rate of 4.7693 mills. The rolled-back rate is
the millage rate that will provide the City with the same property tax revenue as
was levied in the prior year. If the proposed millage rate of 5.1550 mills is
adopted, the City's ordinance adopting the millage rate will reflect an 8.09%
increase from the rolled-back rate of 4.7693 mills.
The Preliminary Budget is based upon the preliminary property values provided
by the Pinellas County Property Appraiser on May 28, 2014. These property
values reflected a 5.3% increase from $7.737 billion to $8.145 billion.
Updated property values were provided from the Appraiser on July 1, 2014.
The updated values reflect a greater increase of 6.45%, from $7.737 billion to
$8.237 billion. This will provide approximately $390,390 in net additional
General Fund revenues for fiscal year 2014/15 that are not reflected in the
proposed budget. These revenues could be allocated by the City Council for
other issues not addressed in the proposed budget, or they will be allocated to
General Fund reserves.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2014 compliance forms as follows:
5.1550 mills - Tentative millage rate
4.7693 mills - Rolled-back millage rate
7.4079 mills - Maximum majority vote rate
8.1487 mills - Maximum two-thirds vote rate
Budget Director Tina Wilson provided a PowerPoint presentation.
In response to questions, Assistant City Manager Jill Silverboard said
the Police Department purchased a P25 radio with a portion of
Republican National Convention funding. The P25 radio upgrades
required more funding, which will now be accomplished via the City's
lease purchase program. Ms. Wilson said the equipment will be funded
over five years and the radios over three years. The City Manager said
the Coachman Park Redevelopment Project was placed on hold due to
the new Clearwater Marine Aquarium, no plans have been made for
Coachman Park. Ms. Wilson said there is not enough Penny for
Pinellas funds available unless other Penny projects are delayed.
Planning and Development Director Michael Delk said the Clearwater
Post Disaster Redevelopment Plan is not in the current work program as
the plan contemplates regulatory changes and staff is currently working
on US 19. Staff is also supporting the Community Redevelopment Agency
(CRA) redevelopment plan, which will require incorporating findings from the
ULI study and coordinating the plan with the overall County plan.
Staff was requested to provide information regarding the status of the
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County's Post Disaster Redevelopment Plan.
Economic Development and Housing Director Geri Campos Lopez said
continuation of the East Gateway Plan was included in the Community
Redevelopment Agency's proposed budget, which will go before Council
in September. The City Attorney said policies are needed for a number
of the incentives being implemented. Staff anticipates
presenting the policies to Council in the Fall. Engineering Director Mike
Quillen said the Department conducts a pavement condition index every
three years to evaluate the road infrastructure. The road millage fund
had decreased but is beginning to bump up. Assistant City Manager Jill
Silverboard said the Business Process Review capital improvement project
will look at existing systems, such as Oracle, that are used citywide to
facilitate performance measurement improvements. Parks and Recreation
Assistant Director Art Kader said Brighthouse Field is ten years old and
beginning to show need for major capital investment for replacing the seats,
scoreboard, and concessions equipment.
Staff was directed to provide data regarding the amount of property
taxes paid by the Church of Scientology and to confirm the percentage of
personnel costs in the 2006 budget.
Discussion ensued with suggestions made to reestablish a
neighborhood matching grant program in 2016 and to schedule an
annual city co-sponsored event at Crest Lake Park as part of the Crest
Lake Improvements. Concerns were expressed with associated costs to
establish the program. It was suggested the topic be raised during the
next budget cycle. Staff was directed to provide information regarding
the status of Clearwater Veterans Alliance's fundraising efforts for a memorial
at Crest Lake Park and reason berms were installed at Crest Lake Park.
In response to a question, Mr. Kader said the Morningside community
has requested additional service hours for pools and libraries on
Saturdays. The cost to extend hours at all four outdoor city pool
facilities (Ross Norton, N. Greenwood, Clearwater Beach, and
Morningside) during the weekends through September, from 1:00 p.m.
to 5:00 p.m., would be approximately$14,600. Staff estimates this
change will generate $4,700 in revenue. If the extended hours are approved,
the Friends of the Clearwater Beach Library/Recreation Center would pay
less to keep facility open. Library Director Barbara Pickell said it would cost
approximately$25,000 annually to increase morning service hours at the
Clearwater Beach Library.
The Council recessed from 2:56 p.m. to 3:05 p.m.
4. Economic Development and Housing
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4.1 Approve the City of Clearwater's Fiscal Year 2014-2015 Consolidated Annual Action
Plan, to carry forward the goals and objectives set forth in the Fiscal Year 2011-2016
Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into
agreements with organizations contained in the Fiscal Year 2014-2015 Consolidated
Annual Action Plan.
The U.S. Department of Housing and Urban Development (HUD) requires
communities that receive entitlement Community Development Block Grant
Program (CDBG) and HOME Investment Partnership Program (HOME)
funding to prepare a comprehensive five-year consolidated planning document
that evaluates the needs of the community and sets forth strategies to address
those needs. The Fiscal Year 2011-2016 Consolidated Annual Action Plan is
mainly a continuation of our prior Consolidated Plan and was completed in
2011.
In addition, the City is required to create and implement an annual action plan
identifying the sources and uses of federal money for housing, community and
economic development. This annual plan, referred to as a Consolidated Annual
Action Plan, provides HUD with the City's housing, community and economic
development budget and proposed expenditures based on the entitlement
funds and estimated program income that the City will receive in the upcoming
fiscal year to meet the goals established in the Five-Year Plan.
In Fiscal Year 2014-2015, the City is estimated to receive federal funds in the
amount of$726,298 through the Community Development Block Grant
(CDBG) and $299,956 through the HOME Investment Partnership Program
(HOME). The City is also estimated to receive $499,545 through the State of
Florida State Housing Initiatives Partnership Program. The total Fiscal Year
2014-2015 entitlement allocation budget is $1,525,799. Funds provided
through the HOME Program are limited to housing-related activities and
administration. Funds provided through the CDBG Program may be used for
housing, community and economic development, public services and facilities,
acquisition, relocation, demolition and administration. Additional funding for the
Fiscal Year 2014-2015 budget will come from estimated program income funds
and unprogrammed prior year CDBG, HOME, Neighborhood Stabilization
Program, SHIP and Pinellas County Housing Trust funds (loan repayments,
loan payoffs, recaptured funds, etc) estimated at$219,448. Other funds may
include those leveraged from private sector investments. Total budget for
Fiscal Year 2014-2015 is $1,745,247.
The City partners with several non-profit agencies to implement the goals and
objectives the City had established in the Consolidated Planning Document. To
obtain these partners, the City annually publishes a Notice of Funding
Availability (NOFA) in the local newspaper and on its website. This notice
informs the non-profits of the resources the City will make available and the
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eligible uses of these resources. It also informs them of the application period
for requesting funds. This year the applications were due in April and the City
received a total of 18 applications for funding requests.
A Technical Review Committee (TRC), comprised of professionals in the
social service and grants community and two members of the City's
Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the
applications, scored them and set forth a strategy to maximize the number of
applicants that will receive a portion of allocated funds. Applicants were given
an opportunity to present at the monthly NAHAB meeting regarding their
programs. City staff also reviewed each application to ensure it met HUD's
baseline requirements. The NAHAB met on May 13, 2014 to approve the
recommended allocations contained in the Fiscal Year 2014-2015
Consolidated Annual Action Plan. In addition, the NAHAB reviewed the Action
Plan on June 24, 2014 and recommended approval.
Each year, the City may allocate up to 15% of its CDBG allocation for Public
Services organizations. The City may also provide funds for operating
expenses to subrecipients who qualify as a Community Based Development
Organization. While the City's Housing Division received requests for Public
Services funding in the amount of$266,970, we were only able to allocate
$134,988 to ten organizations. The NAHAB has endorsed a sliding scale
funding system for Public Services applicants that allows the top two scorers to
receive 60% of their request, the second two receive 50% of their request, and
others receive 40% of their request until all of the allowable funds are
allocated. The maximum allocation per agency's request is $18,000. This
method allows a majority of the Public Services applicants to receive funding.
All organizations that will be receiving an allocation will have agreements
prepared and executed by October 1, 2014. Staff monitors these
organizations for compliance on a yearly basis. In addition, $150,000 was
allocated to Public Facilities, which will go towards renovations of the following
facilities: RCS Grace House, Kimberly Home, and Directions for Living.
The City's Housing Pool will target funding efforts for Housing Activities in the
Rehabilitation, Down Payment and Closing Cost Assistance Programs. The
amount available this year is $1,038,113 for the following organizations:
Habitat for Humanity, Habitat for Humanity CHDO, Tampa Bay CDC, and
Largo Area Housing Development Corp.
The Consolidated Annual Action Plan is due to HUD on August 15, 2014.
Economic Development and Housing Director Geri Campos Lopez
provided a PowerPoint presentation.
In response to questions, Ms. Campos Lopez said the allowable
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administrative costs fund 4 Full-Time Equivalents. Non-profit
organizations would be eligible to acquire and rehabilitate property for
potential homeowners. The rehabilitation program, which provides
$25,000 per home for improvements, focuses on existing homeowners.
The down payment assistance program is goal based, next year the
goal is to provide twenty assistances, averaging $14,000 per home. The
award given to Safety Harbor Family Center is for services provided to
Clearwater residents. Funding for Safety Harbor Family Center is
monitored.
4.2 Approve a Community Housing Development Organization Agreement with Bright
Community Trust, Inc. to acquire, rehabilitate and resell three affordable housing units
in the amount of$295,405; certify the agency as a City of Clearwater Community
Housing Development Organization, and authorize the appropriate officials to execute
same.
A Community Housing Development Organization (CHDO) is a private,
non-profit, community-based service organization whose primary purpose is to
provide and develop decent, affordable housing for the community it serves. To
assist in achieving these purposes, the City of Clearwater, under the HOME
Investment Partnership (HOME) Program, must reserve not less than 15% of
their HOME allocations for investment in housing to be developed, sponsored,
or owned by a CHDO.
Bright Community Trust, Inc. (formally Pinellas Community Housing
Foundation) was formed in May 2008 as a Florida not-for-profit organization
established to increase and preserve long-term affordable housing for low and
very-low income persons and provide education to individuals. The Pinellas
County Board of County Commissioners authorized the creation of Bright
Community Trust, Inc (BCTFL) and authorized the Housing Finance Agency to
utilize land trusts as a vehicle to facilitate affordable housing in Pinellas
County.
Community land trusts are community-based nonprofits created to ensure
long-term housing availability and affordability. Based on the idea of Perpetual
Affordability, community land trusts become the stewards of land and maintain
it permanently beginning with a ninety-nine year renewable-ground lease. New
homeowners only own their home and sign a long-term lease of the land their
home sits on. This ensures the affordability of the home because the
homebuyer only obtains a mortgage on the structure. When the home is sold,
the owner earns a portion of the increased property value, having agreed to
invest the remainder in maintaining the trust and `paying it forward'. This allows
for the sale of the home to the next family at an affordable price.
On May 20, 2014, BCTFL applied for a designation as one of the City's eligible
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CHDOs.
On June 6, 2014, a Notice of Funding Availability was placed in the local
newspaper for applicants to apply for funding as a CHDO. BCTFL was the only
applicant. Their proposed project is to acquire, rehabilitate, and resell three
affordable housing units to low to moderate-income families.
On June 27, 2014, the City's Economic Development and Housing Department
Staff determined that BCTFL met the program requirements to become a
CHDO and recommended that they be certified as one. The Neighborhood and
Affordable Housing Advisory Board also recommended that BCTFL be certified
as a CHDO and approved the proposed project.
The funds will be provided through the remaining balance in Fiscal Years 2011,
2012 and 2013 HOME Program CHDO set-aside allocations of$10,107.32,
$45,301.65, and $43,513.65 respectively. The balance of the funds will be
derived from HOME Program Income ($122,631.63) and the Pinellas County
Housing Trust Fund ($73,851.25) totaling $295,405. Additional funds may be
provided to the agency under the program format established in the City's
Housing Pool Program.
The CHDO agreement is effective from July 17, 2014 through September 30,
2015. When the CHDO agreement expires, BCTFL must reapply to become
recertified as a CHDO.
The anticipated timeline for the project includes acquiring property by August
2014, starting the renovations by September 2014 and completing the
renovations by November 2014. The agency anticipates that the units will be
resold to a qualified low to moderate-income family by December 2014.
In response to a question, Economic Development and Housing Director
Geri Campos Lopez said the Trust will acquire three existing homes.
The land will go into a trust and the Trust will sell the improvements to
an eligible homeowner. The City is providing Bright Community Trust with a
loan to acquire and rehabilitate the units.
5. Finance
5.1 Approve a maintenance contract with Aptean, Inc., 1155 Perimeter Center West,
Atlanta, GA 30338, for the period of July 1, 2015 to June 30, 2019 for software
maintenance at a cost not to exceed $371,054 in accordance with Sec. 2.564 (1)(b),
Code of Ordinances, sole source, and authorize the appropriate officials to execute
same (consent)
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In 1991, the City initiated a 20-year term agreement with ROSS Systems, Inc.
for the use of financial management software to manage the City's general
ledger, accounts receivable and accounts payable needs. In the course of this
contractual relationship, numerous upgrades and functional improvements
were made to include detailed reporting and P-card management.
In 2006, ROSS was purchased by CDC, Inc., and then in 2012 the ROSS
product was purchased by Aptean, Inc., a private venture capital group.
The City continued to operate under the terms of the original 1991 agreement
until Aptean, Inc. presented us with a revised terms and agreement support
contract. The lengthy of term options were 3-5 years in duration, and staff
agreed to have the annual support fee fixed for the duration of the 5-year term.
The annual rate is $92,763.30, for a 4-year total of$371,053.20.
The new annual support rate represents an approximate $14,000 increase
(-19%) over last year's maintenance. However, over the 23-year term of use
of ROSS financials, the maintenance rate has been adjusted downward on 2
occasions at our request, and our current maintenance rate for an organization
and budget of our size is very reasonable.
APPROPRIATION CODE AND AMOUNT:
0555-09864-546200-519-000-0000
Funds will be allocated as an internal service charge within the Information
Technology budget.
6. Gas System
6.1 Approve a Facility Encroachment Agreement with CSX Transportation, Inc. for the
installation of an underground natural gas main in the CSX right-of-way and authorize
the appropriate officials to execute same. (consent)
In order to continue supplying natural gas service and maintain system
reliability, Clearwater Gas System needs to replace a gas main, which crosses
the CSX railroad right-of-way along N. Betty Lane. This new crossing is part of
our antiquated main replacement project to remove all bare steel and
galvanized gas mains. The existing gas main was installed in 1951 and it is in
need of replacement.
The proposed gas main will be a 2-inch Polyethylene (PE) pipe, which is the
pipeline material currently used for all new main installations.
CSX requires an Agreement to cover the costs of encroaching, construction
risk and to provide the terms and conditions associated with placing a pipeline
underneath their railway system.
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This Agreement also contains a Contractor Acceptance Rider that requires any
contractor performing work within the CSX right-of-way, as part of this
agreement, to provide $1,000,000 Workers Compensation & Employers
Liability insurance; $5,000,000 Commercial General Liability coverage;
Business automobile liability insurance of$1,000,000; and Railroad Protective
Liability Insurance coverage of$5,000,000.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project
315-96377-563800-532-000-0000
6.2 Approve and accept an Interlocal Agreement/Franchise with the City of Tarpon
Springs in order to provide natural gas service to the citizens of Tarpon Springs and
adopt Resolution 14-09.
On July 2, 2014, the City of Tarpon Springs Commission approved the
Interlocal Agreement with the City of Clearwater, which provides a franchise for
the Clearwater Gas System to provide natural gas service in Tarpon Springs.
The Clearwater Gas System has provided service within the City of Tarpon
Springs for the past 30 years under a prior franchise agreement.
The Interlocal Agreement provides the City of Clearwater an additional 15 year
non-exclusive right to continue to construct, operate and maintain all facilities
necessary to supply natural gas to the City of Tarpon Springs. The agreement
also provides for renewal options, which may extend this agreement for up to
30 years.
The Interlocal Agreement provides for a 6% franchise fee to be paid by the
consumers of natural gas within the City of Tarpon Springs. The prior
franchise fee was 5%.
7. Engineering
7.1 Approve an Amendment to a Cooperative Funding Agreement with Southwest Florida
Water Management District (SWFWMD), increasing the grant by $1,000,000 to
$1,550,000 for Magnolia Drive Outfall Storm Drainage and Water Quality
Improvements, extend the contract expiration date to April 15, 2016 (12-0023-EN) and
authorize the appropriate officials to execute same. (consent)
The Magnolia Drive Outfall Storm Drainage and Water Quality Improvements
project will provide a new and larger outfall for approximately 45 acres. The
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project begins at S Ft. Harrison Avenue near Druid Road and outfalls at the
west end of Magnolia Street at the seawall.
During the design of this project it was determined that the existing system was
undersized and replacing the majority of it with a larger system provides more
benefits than rehabilitation.
Construction of this project includes installation of approximately 5,230 LF of
pipe of various sizes, 45 curb inlets and 20 manholes. Also, three stormwater
treatment devices to collect pollutants and improve the quality of water
discharging into Clearwater Harbor.
March 21, 2013, City Council approved the initial SWFWMD agreement in an
amount not to exceed $550,000.
This Agreement amends the initial SWFWMD Agreement extending the
contract period to April 15, 2016; revising the existing scope of work thus
increasing cooperative funding by $1,000,000 from $550,000 to $1,550,000.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
Third quarter amendments will increase budget only of Capital Improvement
Program (CIP) project 0315-96184, Magnolia Drive Outfall, by SWFWMD grant
in the amount of$1,000,000 and transfer$1,000,000 of Stormwater Revenue
from CIP 0315-96170, Coastal Basins Project, to match the grant for total
funding in the amount of$2,000,000.
7.2 Approve a Cooperative Funding Agreement agreement between Southwest Florida
Water Management District (SWFWMD) and the City of Clearwater for
implementation of the Jeffords Street Stormwater Improvements (N270) in the amount
of$200,000 and authorize the appropriate officials to execute same. (consent)
The existing Jeffords Street Outfall is in Coastal Basin 1 and consists of grated
inlets discharging into 1100 feet of 15 inch vitrified clay pipe with the last 450
feet discharging through private property.
This system collects stormwater from the area between Magnolia Street and
Jeffords Street and from Bay Avenue to St Josephs Sound.
The existing grated inlets clog up with leaves and debris, then the overflow
washes the leaves and debris overland into Clearwater Harbor.
The replacement of this system will provide open throat inlets, relocate the
system into the city's right of way and improve water quality by utilizing a
stormwater treatment structure to collect the leaves and debris.
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SWFWMD is funding an equal share up to 50% of the costs of the project up
to a maximum of$200,000 for design and construction.
APPROPRIATION CODE AND AMOUNT:
0315-96177 $200,000
Sufficient funding is available in Capital Improvement Program project
0315-96177, Jeffords Street Outfall.
In response to a question, Engineering Assistant Director Scott Rice
said the project will begin September I, area homeowners associations
have been notified.
7.3 Award a construction contract to Keystone Excavators, Inc., of Oldsmar, Fl, the 2014
Annual Stormwater Improvements Project (14-0004-EN) based on unit price only in an
amount not to exceed $1,144,319 and authorize the appropriate officials to execute
same. (consent)
The intent on this project is to establish an annual contract for on-call services
for Stormwater infrastructure improvements and repairs.
Projects covered by this contract will be of size and scale not feasible for City
forces to complete.
Projects included in this contract will typically include; repair and replacement
of existing stormwater pipe networks, erosion mitigation with the use of
gabions or appropriate slope stability procedures, the addition of new
stormwater infrastructure to help alleviate localized flooding, and emergency
repairs.
This is a unit price contract not to exceed a total of$1,144,319 annually.
The City reserves the option to extend the contract on a yearly basis, and up to
two one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
0315-96124-563700-539-000-0000 $1,144,319
Sufficient funding is available in Capital Improvement Program project
0315-96124, Storm Pipe System Improvements.
8. Fire Department
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8.1 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount
not to exceed $575,126.21 for the purchase of self-contained breathing apparatus
(SCBA) repair parts and air bottles, purchase of thermal imaging cameras and parts,
personal protective equipment (PPE), and department operational supplies in
accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City
standardized equipment, and authorize the appropriate officials to execute same.
(consent)
The approved Fiscal Year 2013 and 2014 budgets included funding in three
capital improvement projects (CIP) and in the department's operating budget
for the purchase of SCBA replacement and upgrades, thermal imaging
cameras and parts, and PPE.
CIP project 91229, Replace and Upgrade Air packs, provides for the
replacement and upgrade of breathing apparatus needed for worn or damaged
front line units used by firefighters. The project will provide for the purchase of
self-contained breathing apparatus (SCBA) repair parts and air bottles that
have been approved through the National Institute for Occupational Safety and
Health (NIOSH) and CDC.
CIP project 91260, Thermal Imaging Cameras (TIC), provides funding for the
replacement or repair of this equipment. The cameras enhance safety on the
fire grounds and are used in search and rescue, firefighting, and overhaul.
CIP project 91261, Personal Protective Equipment provides funding for the
purchase of replacement firefighting personal protective equipment/gear
(PPE). The department currently issues protective gear to those employees
that are employed in a firefighting capacity. This project is necessary to bring
all fire/rescue personal gear up to the same level of protection per the National
Fire Protection Association 1852 compliance and incorporates the new gear
into a revolving replacement schedule. The recommended life expectancy of
PPE is 4 to 5 years depending on use. This project will allow for a 4 to 5 year
replacement plan and reduce the current cost of maintenance and repair of our
current PPE.
Funding will be partially reimbursed by Pinellas County, as the equipment will
help serve any unincorporated resident of the Clearwater Fire District.
APPROPRIATION CODE AND AMOUNT:
0-315-91229-550400-522-000-0000 $140,302.01
0-315-91260-550400-522-000-0000 $ 18,934.70
0-315-91261-547100-522-000-0000 $ 372,657.35
0-010-01220-550400-522-000-0000 $ 43,232.15
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8.2 Approve the Third Amendment to the Contract for Purchase of Real Property by the
City of Clearwater for property located at 1140 Brownell Street; and authorize the
appropriate officials to execute same. (consent)
On November 20, 2013, City Council approved the Purchase Contract for the
City's purchase of real property located at 1140 Brownell Street. The property
lies among city land holdings that are currently under construction for Fire
Station 45. The proposed Amendment provides for a third extension to the
Purchase Contract extending the closing date to no-later-than September 19,
2014. All three extensions were requested by the Seller as she has been
unable to obtain an alternative residence. The Seller of 1140 Brownell is under
contract to purchase a home and has been prepared to close on her
acquisition for several weeks. The home is a recent foreclosure and is
bank-owned. The bank, as seller of this property, has been the sole cause of
this delay; they are taking steps to quiet title to the property and have not
established a closing date.
All other terms of the Purchase Contract remain unchanged. This extension
will not cause any delay in construction of the new fire station which is
expected to be complete in late August. The new fire station is not expected to
be fully operational until mid-September.
9. Marine & Aviation
9.1 Authorize the adoption of Supplemental Joint Participation Agreement (JPA) Number
3 between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) amending contract AQJ28 to expand the scope of work,
authorize the appropriate officials to execute same, and adopt Resolution 14-24.
FDOT Supplemental JPA Number 3 expands the scope of work to include the
acquisition of a storage shed for maintenance equipment, a new airport
entrance sign, a scissor lift for the maintenance of the ceilings inside the
hangars, a scrubber for hangar floor maintenance and a new sign for the
exterior of the FBO building at the Clearwater Airpark at no additional cost to
either party.
10. Public Communications
10.1Approve the Interlocal Agreement between the City of Clearwater, Florida and Pinellas
County, which will allow the County to provide television support services to the City
on an as-needed basis, authorize the appropriate officials to execute same, and adopt
Resolution 14-22.
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The Public Communications Department has only two full-time employees
trained to operate the C-VIEW government access television station. From
time to time, employees are out of the office for vacation, sick, funeral leave
or other various reasons, and those times can conflict with the televised
meeting schedule. In order to keep meetings televised and C-VIEW TV
operational, staff has created an agreement with Pinellas County's
Department of Communications to have County staff trained in operating
Clearwater's television station and equipment. This is a more cost-effective
and reasonable option than hiring part-time employees or contractors.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Public Communication's budget to fund costs
associated with this agreement.
In response to questions, Public Communications Director Joelle Castelli
said the item before Council does not reciprocate services to the
County. The hourly cost is $36.
10.2Award a one-year contract to North Star Destination Strategies for a not to exceed
amount of$100,000 for community branding services and authorize the appropriate
officials to execute same. (consent)
As part of the 2014 Strategic Planning process, a need was identified to
Develop and Promote Our Brand. Completing this task involves retaining an
outside branding consultant to research and develop a new community identity.
Clearwater has not had a consistent brand image in the past ten years and is
now seeking to cross-functionally market Clearwater to drive business,
relocation, tourism and general perception. The City currently has a
fragmented perception and has different groups working in different directions.
The City seeks to work together to create a seamless image amongst these
organizations under one overall marketing plan. The final plan will also involve
coordinating with city-related groups including the Chambers of Commerce,
Economic Development, elected officials, staff and businesses.
The City's brand is what people say about Clearwater. That impression is a
combination of emotional and intellectual reactions to all the different
experiences, marketing communications and behaviors people have
encountered on behalf of Clearwater. Branding is the process the City will
embark upon to change, refine or improve what people say and think about
Clearwater.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the strategic direction action plan project 99860 to fund
this project.
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In response to questions, North Star Destination Strategies representative
Don McCann said four months of research will be conducted first before
considering how the ULI study will intertwine. Strategy for community
branding will be developed after researching the community's
perception. Assistant City Manager Jill Silverboard said the RFQ was
not specific to tourism or economic promotion but to brand Clearwater
community as a whole. North Star will help arrive at a community
consensus regarding Clearwater's strengths. Public Communications
Director Joelle Castelli said copies of the RFQ, which includes extensive work
samples, are available for viewing.
11. Solid Waste
11.1Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of
Clearwater, FL in the amount of$150,000 for the purchase of replacement hydraulic
parts and repairs for vehicles and equipment used by city departments during the
contract period August 1, 2014 through July 31, 2015, in accordance with Sec.
2.564(1)(d), Code of Ordinances, Pinellas County Contract 123-0379-Q and authorize
the appropriate officials to execute same. (consent)
This blanket purchase order is a piggyback off the Pinellas County Contract
123-0379-Q and covers the purchase of replacement hydraulic parts and
repairs for use on City vehicles and equipment.
APPROPRIATION CODE AND AMOUNT:
566-06611-550600-519-000 $150,000
These funds are available in the operating expense of the Garage Services
Fund as budgeted in Fiscal Year 2013/14 and Fiscal Year 2014/15.
12. Official Records and Legislative Services
12.1Appoint Edward T. O'Brien, Jr. to the Marine Advisory Board to fill the remainder of an
unexpired term until March 31, 2015.
12.2Designate Councilmember Jonson to be the official voting delegate at the Florida
League of Cities' Annual Conference, August 14-16, 2014. (consent)
There was consensus to appoint Councilmember Jonson.
13. Legal
13.1Amend Section 3-1508 of the Community Development Code of the City of Clearwater
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Council Worksession Meeting Minutes July 14, 2014
to clarify prohibited noises and pass Ordinance 8570-14 on first reading.
The proposed amendments are intended to more clearly capture within the
types of prohibited noise those rumbling or reverberating rhythmic bass type
sounds that many residents frequently hear while traveling by motor vehicle
throughout the city or within their residences.
Additionally, because the courts have held that amplified music is a form of
communication and expression protected by the First Amendment, the
proposed amendments will fortify the noise ordinance against constitutional
attack. For example, the Florida Supreme Court held that the State of Florida's
noise statute prohibiting sounds heard 25 feet or more and coming from motor
vehicles was unconstitutional because those engaged in political or commercial
activities while using a sound truck, for example, were exempted from the
noise statute.
Similarly, the preferential treatment afforded to noise coming from religious
worship activities regardless of how disturbing the noises are to reasonable
persons of ordinary sensibilities could subject the ordinance to an attack under
the Equal Protection Clause of the Federal and State Constitutions. For
example, currently, the exception would arguably allow a church to ring bells at
2:00 a.m.; and police could not take any action because of the exemption
contained in the ordinance.
The exemption is unnecessary because a police officer will always be making a
determination if a sound is so loud as to be disturbing to reasonable persons of
ordinary sensibilities. Thus, it is difficult to conceive of a situation where a
church was engaged in routine worship activities that would ever meet the
threshold of becoming a noise violation: that is, that a reasonable person of
ordinary sensibilities would find the activity to be disturbing. Moreover, the
intent clause added to Section 3-1508A clearly states that "[i]t is the intent of
this section to regulate unreasonably excessive noise and not to interfere with
or unduly burden the exercise of a person's freedom of speech, expression, or
religion."
The proposed amendments will go before the Community Development Board
on Tuesday, July 15. Staff will report action taken by CDB at the July 17
council meeting.
13.2Adopt Ordinance 8567-14 on second reading, annexing certain real property whose
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Council Worksession Meeting Minutes July 14, 2014
post office address is 1234 Palm Street, Clearwater, Florida 33755, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
13.3Adopt Ordinance 8568-14 on second reading, amending the future land use map
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1234 Palm Street, Clearwater, Florida
33755, upon annexation into the City of Clearwater, as Residential Urban (RU).
13.4Adopt Ordinance 8569-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1234 Palm Street,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low
Medium Density Residential (LMDR).
13.5Adopt Ordinance 8571-14 on second reading, amending the Operating Budget for the
Fiscal Year ending September 30, 2014, to reflect increases and decreases in
revenues and expenditures for the General Fund, Special Development Fund, Special
Program Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund,
Marine Fund, Airpark Fund, General Services Fund, and Garage Fund.
13.6Adopt Ordinance 8572-14 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2014, to reflect a net increase of
$2,723,088.
14. City Manager Verbal Reports - None.
15. City Attorney Verbal Reports - None.
16. Council Discussion Item
16.1 Gala's Gelato Shop Signage - Councilmember Jonson
Councilmember Jonson reviewed concerns raised by the Owner of
Gala's Gelato that the City's sign code is too restrictive and provided
photos depicting the Gala signs. Councilmember Jonson said research
revealed that the Watersedge Homeowners Association (HOA) placed
signage restrictions, that includes an approved color palette. Opus,
Watersedge Developer, created a comprehensive sign code package for the
condominium. Councilmember Jonson said he suggested to Gala's owner
that he contact the Planning Department and the Watersedge HOA regarding
amending the HOA's sign code.
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16.2Participation in FLC Policy Committees - Councilmember Jonson
Councilmember Jonson encouraged Councilmembers to participate in
FLC's committee process.
16.313orrow unused travel budget to cover Florida League of Cities Annual Conference
Expenses - Councilmember Jonson
Councilmember Jonson requested consideration to borrow unused
travel funds. He needs $775 to attend the FLC Annual Conference. The
City Attorney has suggested that Councilmembers be reimbursed for their
travel expenses incurred in the performance of their duties of office.
16.4Downtown Way Finding Map Update Cycle - Councilmember Jonson
Councilmember Jonson expressed concerns with update cycles for the
directory signs located by the Harborview Center and the Post Office. The
Gala's Gelato Shop opened in January and is not listed on the directory
signs. An annual update is not sufficient and requested consideration to
have the signs updated quarterly, or more often if needed.
Economic Development and Housing Director Geri Campos Lopez said
the Downtown Development Board (DDB) budgets $429 for the annual
replacement of six directory signs. Staff will have to discuss with the DDB
regarding the ability to change the replacement cycle to quarterly. If the
DDB is unable to incur the cost, the matter can be raised with the CRA.
Staff was directed to discuss replacing directory signs quarterly with the
DDB and report findings with the CRA.
17. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
18. Closing Comments by Mayor
19. Adjourn
The meeting adjourned at 4:36 p.m.
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City of Clearwater