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07/14/2014 Council Worksession Meeting Minutes July 14, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 m w Wes: ' e Meeting Minutes Monday, July 14, 2014 1 :00 PM Council Chambers Council Worksession Page 1 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. Page 2 City of Clearwater 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 Page 3 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 4 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 5 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 6 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 7 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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) Page 8 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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. Page 9 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 10 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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. Page 11 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 12 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 13 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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. Page 14 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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. Page 15 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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 Page 16 City of Clearwater 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 Page 17 City of Clearwater 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. Page 18 City of Clearwater Council Worksession Meeting Minutes July 14, 2014 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. Page 19 City of Clearwater