08/31/2015 Council Work Session Meeting Minutes August 31, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, August 31, 2015
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes August 31, 2015
Roll Call
Present 4 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito
(Arrived 1:06 p.m.), Councilmember Hoyt Hamilton, and Vice Mayor Jay
E. Polglaze
Absent1 - Councilmember Bill Jonson
Also Present: William B. Horne II, City Manager, Assistant City Manager, Jill S.
Silverboard - Assistant City Manager, Rod Irwin, Assistant City
Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk,
and 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.
The Council recessed from I.00p.m. to 1:47 p.m. to meet as the Community
Redevelopment Agency.
2. Presentations — None.
3. Office of Management and Budget
3.1 Set final millage rate of 5.1550 mills for fiscal year 2015/16 against non-exempt real
and personal property within the City of Clearwater and pass Ordinance 8766-15 on
first reading.
In accordance with Chapter 200 of the Florida Statutes, which defines
requirements for the Determination of Millage and the rules governing Truth in
Millage (TRIM) compliance, the City Council must hold two public hearings to
adopt a final millage rate for the new fiscal year. The adoption of this
ordinance to establish the millage rate and the two related budget ordinances
are an integral part of fulfilling these requirements.
The City Council set a tentative millage rate of 5.1550 mills on July 16, 2015,
which is the rate that appeared on the TRIM bill notices mailed to taxpayers in
August. The millage rate of 5.1550 mills represents a 5.78% increase from the
rolled back rate of 4.8735 mills.
Ordinance 8766-15 is presented in order to adopt the millage rate of 5.1550
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Council Work Session Meeting Minutes August 31, 2015
mills to support the operating and capital improvement budgets for the 2015/16
fiscal year.
3.2 Approve the City of Clearwater Annual Operating Budget for the 2015/16 fiscal year
and pass Ordinance 8767-15 on first reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearings to adopt the budget. The adoption of this ordinance and the related
ordinances adopting the 2015/16 millage rate and the Capital Improvement
Budget are an integral part of fulfilling these requirements.
On June 30, 2015, the City Manager provided the City Council with a
Preliminary Annual Operating and Capital Improvement Budget that outlined
estimates of revenues and expenditures for the 2015/16 fiscal year. On July
13, 2015 the City Manager presented the preliminary budget at the work
session for Council discussion. The preliminary budget was also presented at
the July 16, 2015 council meeting, and at the August 17, 2015 Special Council
Meeting for citizen input.
After the Preliminary budget was released, management approved a reduction
to the Public Utilities expenditure budget to eliminate the cost of five full time
equivalent (FTE) positions that were requested in the proposed budget. After
completing the Stormwater Rate Study in July 2015, a new rate structure is
planned to be effective October 1, 2015 which will reduce the estimated
Stormwater Fee revenue included in the proposed budget. Upon Council
action at the August 17, 2015 meeting, a donation to the Clearwater Historical
Society is being added to the General Fund for fiscal year 2015/16. These are
the only changes to the Preliminary Operating Budget at this time.
In response to a question, Budget Manager Kayleen Kastel said the grant for
the Clearwater Historical Society was itemized in the Council budget as a
contribution to other agencies.
3.3 Adopt the Fiscal Year 2015/16 Annual Capital Improvement Budget and establish a
six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8768-15
on first reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
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Council Work Session Meeting Minutes August 31, 2015
hearing to adopt the final budget. The adoption of this ordinance and the
related ordinances adopting the 2015/16 millage rate and operating budget are
an integral part of fulfilling these requirements.
On June 30, 2015, the City Manager provided the City Council with a
Preliminary Annual Operating and Capital Improvement Budget that outlined
estimates of revenues and expenditures for the 2015/16 fiscal year. On July
13, 2015 the City Manager presented the preliminary budget at the work
session for Council discussion. The preliminary budget was also presented at
the July 16, 2015 council meeting, and at the August 17, 2015 Special Council
Meeting for citizen input.
On August 6, 2015, Council approved adding the Morningside Recreation
Center project to the six-year capital plan with funding of$2,580,000 planned
from Penny for Pinellas funds in fiscal year 2016/17. At the August 17, 2015
Special Council Meeting, the Council approved adding the Crest Lake Park
Renovation project to the six year plan with funding of$250,000 planned from
Penny for Pinellas funds in fiscal year 2015/16. These are the only changes to
the Preliminary Capital Improvement Budget at this time.
3.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years
2015/16 through 2019/20.
On March 6, 1997, the City Council adopted Ordinance 6137-97. The
ordinance established the requirement for a special hearing prior to adoption of
the capital improvement budget to discuss the use of Penny for Pinellas tax,
and at any time in which there is any proposed change to the Penny for
Pinellas project funding of$500,000 or more.
Changes to the Penny for Pinellas projects that meet this criteria in the
proposed 2015/16 capital improvement budget and six-year plan include the
following:
• The Morningside Recreation Center Replacement project has
been added to the project list with a budget of$2,580,000. The
funding will provide additional funds needed for the construction
of a new facility. This funding has been reallocated from
Undesignated Future Penny Projects.
• The Joe DiMaggio Sports Complex Multipurpose Fields project
has been established in the amount of$1,750,000, to provide
for construction of multipurpose fields. This funding has been
reallocated from the Youth Sports Fields Renovation project.
• The Cooper's Point Park Improvements project has been
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established in the amount of$150,000 to provide for the
construction of an observation tower, supporting walking trails,
and specific access points to Cooper's Point Park. This funding
has been reallocated from the Neighborhood Parks Renovations
project.
• The Bridge Maintenance & Improvements project has been
added to the project list with a budget of$669,000 to provide
funds needed for the annual maintenance program to keep the
City's bridges inspected. This funding has been reallocated from
the City-wide Seawall Replacement project.
• The Sid Lickton Batting Tunnels project has been established in
the amount of$50,000 to provide for the construction of outdoor
batting tunnels to be used by City co-sponsored groups. This
funding has been reallocated from the Youth Sports Fields
Renovation project.
• The Crest Lake Park Improvements project has been
established in the amount of$250,000 to provide funding for the
conceptual design and permitting necessary for the future
construction project. This funding has been reallocated from the
Neighborhood Parks Renovation project.
• The Youth Sports Fields Renovations project was reduced by
$1,843,500 with the funding being reallocated to Joe DiMaggio
Multipurpose Fields in the amount of$1,750,000; Sid Lickton
Batting Tunnels in the amount of$50,000 and Countryside Plex
Restroom/Concession in the amount of$43,500.
• The Neighborhood Parks Renovations project was reduced by
$400,000 with the funding being reallocated to Crest Lake Park
Improvement project in the amount of$250,000 and Coopers
Point Park Improvements in the amount of$150,000.
• The City-wide Seawall Replacement project was reduced by
$669,000 with the funding being reallocated to Bridge
Maintenance & Improvements project.
The planned timing for the design and construction of two fire stations has
changed as follows:
• The Clearwater Beach Fire Station will now be designed and
constructed in fiscal years 2016 and 2017. The project budget
remains the same at$4,305,560.
• The Lakeview Fire Station will now be designed and constructed
in fiscal years 2018 and 2019. The project budget remains the
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same at$4,198,460.
4. Economic Development and Housing
4.1 Approve a placement agreement with Fallbrook Credit Finance, LLC to broker the sale
and transfer of ownership of the City of Clearwater's Voluntary Cleanup Tax Credits
(VCTC) certificates, approve an Agreement of Sale and Assignment of Florida
Voluntary Cleanup Tax Credits for the sale and transfer of ownership of the VCTC
certificates to a potential purchaser, and authorize the appropriate officials to execute
same. (consent)
The City of Clearwater Invitation to Bid 61-15 for brokerage services was
issued in July 2015 for the sale of the City of Clearwater Brownfields Voluntary
Cleanup Tax Credits (VCTC) totaling $273,975.35. To maximize the City's
return on investment, Fallbrook Credit Finance, LLC (the Broker) was deemed
to have provided the most responsive bid and was selected for exclusive
brokerage services of VCTC certificates as detailed in the Invitation to Bid.
After evaluation of the bids was completed, the City of Orlando verified
excellent service provided by the Broker for the sale of VCTC certificates.
Transferable tax credits are priced with a cents-per-dollar of credit purchase
price. Fallbrook Credit Finance, LLC (the Broker) guarantees no less than
$0.88 per dollar of each credit and includes all brokerage service fees. The
City possesses tax credit certificates in the amount of$273,975.35. Based
upon the bid presented by the Broker, the City of Clearwater will receive
$241,098.31.
The Broker's services include, but are not limited to: Securing client purchase
of the VCTC certificates; drafting of all legal documents including purchase
agreement (Agreement of Sale and Assignment of Florida Voluntary Cleanup
Tax Credits) between certificate Buyer and City of Clearwater; Placement
Agreement between the City of Clearwater and Broker; the filing of the
required transfer documents and forms with the State of Florida; and
management of the transfer of funds from the Buyer to the City.
Council approval is also requested for an Agreement of Sale and Assignment
of Florida Voluntary Cleanup Tax Credits, which shall be executed by the City
Manager or designee at the time a purchaser has been identified and secured,
setting forth the terms under which the City and said potential purchaser will
effectuate the transfer of the VCTC certificates.
4.2 Approve State Housing Initiatives Partnership (SHIP Program) annual reports for fiscal
years 2012-2013, 2013-2014 and 2014-2015.
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The Florida Legislature enacted the Williams E. Sadowski Affordable Housing
Act in 1992. This act created a dedicated revenue source for the state and
local housing trust funds. This dedicated revenue source funds state and local
housing programs and assisted local governments in meeting the housing
needs of its population. The Sadowski Act created the State Housing
Initiatives Partnership (SHIP) Program.
Through the SHIP Program, Economic Development and Housing has
provided funding for the following housing activities: Down payment and
closing costs assistance for existing structures, the rehabilitation of owner
occupied single-family dwellings, and the acquisition and rehabilitation of
existing dwellings, and the construction of new dwelling in the City's target and
revitalization areas.
For fiscal year 2012-2013, the close out year, the City received $42,274 from
the state and $129,794.44 in program income. The department has assisted
fifteen families utilizing its approved strategies. The department also uses
these SHIP funds and SHIP program income to match federal programs to be
able to continue existing housing programs.
All local governments receiving SHIP funds must submit to Florida Housing
Finance Corporation their annual reports by September 15 of every year. The
annual report provides details of expended funds, encumbered funds and a
proposal of any unused funds. The report also provides information on the
strategies funded, the number of households served, income category, age,
family size, race and data regarding any special needs populations such as
homeless persons, persons with disabilities and the elderly. The report is
submitted electronically to the State.
SHIP funding is important to the City of Clearwater's economy, as evidenced
by activities in Fiscal Year 2012-2013 where the City spent$153,590 in SHIP
dollars to leverage over $1.3 million in other funds.
5. Finance
5.1 Approve the purchase of excess liability, excess workers compensation, and
numerous specialty insurance policies from October 1, 2015 through September 30,
2016 at an amount not to exceed $720,000, and authorize the appropriate officials to
execute same. (consent)
The Risk Management Division of the Finance Department purchases certain
excess and specialty insurance policies through the efforts of Arthur J.
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Gallagher and Company.
These policies include an excess liability package through Llyod's of London
for coverages including General Liability, Automobile Liability, Employee
Benefits Liability, Public Officials Liability Personal Injury Law Enforcement
Liability, Marine Operator's Liability, EMS Liability, and Compressed Natural
Gas Liability; an excess workers compensation package through Safety
National for coverages including Workers Compensation and Employer
Liability; and additional excess policies for Third Party Storage Tank Liability,
Hull Protection and Indemnity, Cyber Liability and numerous flood policies.
Due to the City's favorable loss history, the rates remained unchanged for the
package policies, although the premiums for excess Workers Compensation
coverage increased due to anticipated increased payrolls as a result of
additional budgeted positions. Risk Management is also estimating an
increase of 10% for the additional excess policies, and a 20% increase for the
various flood policies.
This year's renewal reflects an increase of$25,000 (3.6%) over the October 1,
2014 approved budget, and an increase of$53,786 (8.07%) over the actual
premiums paid for Fiscal Year 2015. This request allows us to factor in the
estimated increases while maintaining our standard contingency of
approximately $20,000.
APPROPRIATION CODE AND AMOUNT:
0590-07000-545100-519-000-0000
$720,000
In response to questions, Assistant Finance Director Monica Mitchell said
Risk Management evaluates the policies. The policies before Council are for
flood. The policies are not renewed all at once, staff will look at each policy as
they are due for renewal. Ms. Mitchell said the item before Council is to
approve the total budget for the flood policies. Assistant City Manager Jill
Silverboard said Council reduced the total liability coverage and picked up
flood insurance on some facilities that were not previously covered.
6. Gas System
6.1 Approve the Purchase Contract for the city purchase of former railroad right-of-way
that bifurcates the Gas Administrative Complex at 400 North Myrtle Ave and 700
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Jones St, Clearwater, with an estimated purchase price of$204,000 and total
expenditures not to exceed $232,125 including survey services, closing costs and
other ancillary expenses, together with all other instruments required for closing;
approve the CSX Transportation. Inc. Temporary Right-of-Entry Agreement; and
authorize the appropriate officials to execute same. (consent)
The subject property is owned by CSX Transportation, Inc. and was previously
used as railroad right-of-way. The land is currently vacant and is no longer
needed by CSX. The acquisition will combine two tracts of city-owned land of
approximately 4.1 and 1.6 acres resulting in a single tract of approximately 6.2
acres.
The purchase price is $9.00/sq. ft.; the subject parcel is approximately 22,651
sq. ft. for an estimated purchase price of approximately $204,000. However,
the total purchase price will be adjusted based on a boundary survey to be
obtained by the City. Additional expenses include erecting a fence along the
boundary shared with CSX's active railroad line.
The land acquisition will allow Clearwater Gas System (CGS) to change the
parking layout, add/move material storage and improve security of entire
complex. It will allow CGS Propane tanker trucks to park closer to the fuel
tanks, which are located on the 700 Jones St. parcel. Currently these large
trucks must drive around the block, via Myrtle Ave., to enter the fueling yard.
With the new property they will be able to re-fuel without having to leave the
gas complex.
The City obtained an independent appraisal performed by James Millspaugh
and Associates, Inc. The appraiser valued the property at $7.50/sq. ft. or
$170,000 with a valuation date of April 6, 2015. CSX reviewed the appraisal
and responded with its opinion of value at$11.00/sq. ft. CSX and City staff
negotiated a purchase price of$9.00/SF if closing occurs on or before
December 1, 2015. If closing occurs after December 1 due to a delay by the
City, then the purchase price shall be $11.00/sq. ft.
The proposed CSX Transportation, Inc. Temporary Right-of-Entry Agreement
will allow the City and its contractors the right to access the property to perform
due diligence associated with the property acquisition.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will increase cost code
0-423-02064-560100-532 (Land Purchased - Municipal Use) by $232,125 to
fund this purchase. This increase is offset by Gas Fund operating revenues.
Acquisition Costs:
Purchase price $204,000
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+ 10% variation due to survey results $20,400
Closing costs including title insurance $1,775
Survey services $2,950
Ancillary expenses $3,000
TOTAL $232,125
6.2 Approve a Consulting Services Agreement and Purchase Order with Black and Veatch
Corporation, in the amount of$350,000, for the period September 8, 2015 through
August 30, 2020, for an independent audit of Clearwater Gas System's utility
operations and authorize the appropriate officials to execute same. (consent)
Black and Veatch will conduct an audit of Clearwater Gas System's (CGS)
existing documentation and utility processes. Primary areas of review will be
Compliance/regulatory-based documentation (i.e., FL Public Service
Commission mandated items), Management/organizational structure,
Engineering operations and utility-owned infrastructure.
The scope of work will be performed in two phases, where Phase I will be a
high-level assessment of each individual area and Phase 11 will consist of more
detailed work to fill any gaps and ensure regulatory compliance in existing
methodologies and work processes. Phase I work is estimated to start in
September 2015 and continue through January 2016. Phase 11 work will begin
January 2016 and continue through August 2020. The budget for both Phases
is $300,000; however, expenses are not included in this amount.
A detailed report, at the end of both Phase I and 11, will be generated that
summarizes Black and Veatch's findings.
Black and Veatch was selected based on their Request for Proposal (RFP
30-15) submittal.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in cost code
0-423-02179-530100-532-000-0000 (Other Gas Regulatory) to fund this
project.
In response to a question, Gas Operations Manager Brian Langille said three
respondents submitted proposals.
7. Police Department
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7.1 Approve acceptance of Department of Justice, Bureau of Justice Assistance
(DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the
amount of$49,118, for purchase of Taser units and authorize the appropriate officials
to execute same. (consent)
On June 18, 2015, the Clearwater Police Department (CPD) was granted
approval by City Council to apply for a $49,118 allocation under the federal
Justice Assistance Grant (JAG) program to purchase 38 new Taser units. That
grant has been officially awarded and CPD now seeks approval to accept it.
In 2003, CPD purchased 176 Model M26 Tasers for officers in the Patrol
Division. This was followed up in 2004 with the purchase of 46 Model X26
Tasers for the Criminal Investigations Division.
In 2010, CPD purchased 193 Model X26 Tasers to replace the
outdated/discontinued M26 Tasers that were acquired in 2003. The M26
Tasers were traded in for the updated Model X26 version and an extended
4-year warranty was also purchased.
Since the initial purchases in 2003, normal wear and tear and operational
malfunctions have occurred that necessitated repairs. The minimum cost to
repair an out-of-warranty, repairable unit is $225.00. Many of the
malfunctioning units are irreparable and cannot be used.
As a result, CPD's Taser inventory is reaching critical levels. As the existing
Taser units age, exponentially more are malfunctioning, creating officer safety
and liability problems. Taser International has phased out and no longer
manufactures the X26 model. Taser will also be phasing out all repair service
on this model.
Taser International has replaced the X26 model with the new Model X26P,
which incorporates the latest technology. The X26P frame is similar to the X26
frame and is only slightly larger. The difference will require a holster
specifically designed for the X26P, which is included in the price quoted below.
The X26P also requires an updated (300 more activations than current battery)
battery pack, also included in the unit cost.
The design and operation of each weapon is nearly identical (comparable size
and weight) and will require no additional training. The X26P also has
enhanced diagnostics software, charge metering (consistent level of electrical
charge) as well as advanced safety features. The X26P provides an audible
alert and will shut off the discharge cycle at 5 seconds even if the trigger is
continuously depressed.
In order to keep up with the new and improved technology and continue to use
tools that emphasize less lethal force, CPD must begin to replace all of its
Tasers. The JAG grant offers the opportunity to replace 38 of the needed
Tasers, battery packs, holsters and warranties with $49,118 in grant funding.
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In addition to costs listed above, one Data port Download kit would be required
at the cost of$164.75. This will be purchased using Department funds and is
a one-time expense that will be charged to Budget Code 1155-550400.
Special program 181-99213, 2015 JAG/Taser Grant, will be established to
account for the grant expenditures.
There is no mandatory match for this grant.
There will be no direct adverse impact to the Police Department operating
budget.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will establish special program 181-99213,
2015 JAG/Taser Grant, to account for the grant expenditures.
In addition to costs for Tasers and related equipment as noted, one Data port
Download kit would be required at a one-time expense of$164.75. This will be
purchased using Police Department operating funds and charged to budget
code: 01155-550400-000.
In response to questions, Clearwater Police Chief Daniel Slaughter said the
entire taser inventory must be replaced. An agenda item for purchasing
additional tasers will be coming before Council soon and will address the
entire department. The tasers are used on individuals who actively fight or
resist the police officer.
7.2 Approve a contract (purchase order) in the amount of$420,199.20 with the Pinellas
County Sheriff's Office, Largo, Florida for latent fingerprint, crime scene processing,
evidence and property storage and Pinellas Juvenile Assessment Center services,
during the one-year contract period commencing October 1, 2015 through September
30, 2016, and authorize the appropriate officials to execute same. (consent)
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police
Department (CPD) began annual contractual agreement for services in
January 1994. The agreements covered latent fingerprint examination,
property/evidence storage, and crime scene processing services and a share
of security costs at the Pinellas Juvenile Assessment Center (PJAC).
The total cost of the proposed agreement for Fiscal Year 2015/2016 is
$420,199.20, reflecting a 3.45% increase in costs and adjustments in crime
scene processing calls and PJAC bookings.
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The proposed contractual agreement reflects the following breakout of costs:
Fingerprint Services - 1,080 cases @ $78.04 each, totaling $84,283.20;
Forensic Science Services (Crime Scene Processing) - 950 cases @
$212.28 each, totaling $201,666;
Evidence, Property Service and Storage - 9,000 items @ $10.95 each,
totaling $98,550;
Pinellas Juvenile Assessment Center (PJAC) - 425 bookings @ $84.00
each, totaling $35,700.
Requests for services in excess of the number of contractual calls will be
invoiced separately. Additionally, at the end of the contract, any funds
remaining from unused calls for service will be refunded to the City.
Funding for this contractual agreement is available in the Police Department's
fiscal year 2015/2016 operating budget, 010-01155-530300-521-000.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement is available in the Police Department's
fiscal year 2015/2016 operating budget, 010-01155-530300-521-000.
USE OF RESERVE FUNDS: N/A
7.3 Approve an Interlocal Agreement between the Clearwater Community Redevelopment
Agency (CRA) and the City of Clearwater to provide CRA funding in Fiscal Year
2015-2016 in the amount of$166,596.78 to underwrite the cost of additional
Community Policing services by the Clearwater Police Department in the East
Gateway CRA District, pursuant to the East Gateway Five-Year Action Program for
fiscal years 2012-2017, and authorize the appropriate officials to execute same.
(consent)
On October 15, 2012, the CRA approved the East Gateway District Five-Year
Action Program for Fiscal Year 2012-2017. The Action Program responded to
public input on the issues of drug dealing, prostitution and street crime by
including an action item for the continuation of increased police presence and
crime reduction within the East Gateway District.
An allowable funding source of this action item is the use of CRA Tax
Increment Financing (TIF) funds. Florida Statutes allows for the use of TIF
funds for community policing innovations in Community Redevelopment Areas.
The CRA and Clearwater Police Department have reached an agreement on a
proposed scope of services and terms as delineated in the Interlocal
Agreement. Included in the scope is the delineation of specific, measurable
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crime reduction targets by which to monitor the success of the initiative as well
as providing clear language required by statute assuring that the resources are
applied to the CRA/East Gateway area.
Funding will be from the CRA East Gateway Project account (388-94849).
APPROPRIATION CODE AND AMOUNT:
Funds in the amount of$166,596.78 are available in account 388-94849, CRA
East Gateway Project, to fund this contract.
USE OF RESERVE FUNDS: N/A
8. Engineering
8.1 Accept a Drainage Easement conveyed by Instrument Transformers, LLC over a
portion of property located at 1907 Calumet Drive, Clearwater. (consent)
Instrument Transformers, LLC is near completion of a project to expand its
facilities located at 1907 Calumet Street, Clearwater. The project includes
modifications to the existing drainage system traversing the property. Pinellas
County had previously maintained this drainage system; however, the property
has recently been annexed into the city. The proposed easement will allow the
City's Stormwater Division to take over this responsibility.
8.2 Approve two Subordination of City Utility Interests agreements, subordinating city
easements in favor of the State of Florida Department of Transportation; authorize the
appropriate officials to execute same, and adopt Resolution 15-20.
The State of Florida Department of Transportation (FDOT) is planning a
multi-phased project to resurface State Road (SR) 60. In support of the
project, FDOT has acquired easements for the construction and maintenance
of improvements at two SR 60 intersections. FDOT has requested that the
City subordinate two existing city easements located within the new FDOT
easements. One of the city easements is for right-of-way purposes on the
northwest corner of Arcturas Avenue and Gulf to Bay Boulevard; FDOT is
planning to install a new traffic signal at this location. The other city easement
is platted utility easement on the northeast corner of Belcher Road and Gulf to
Bay Boulevard where FDOT is planning to construct a westbound right turn
lane.
The city easements will remain in effect, however the City's rights under these
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easements will be subject to FDOT's rights.
In response to a question, Real Estate Services Coordinator Chuck Lane said
FDOT will replace the mast arm. The project is expected to begin this time
next year.
8.3 Award a construction contract to Central Florida Contractors, Inc. of Seminole, Florida
for the 2015 Sidewalk Construction Project (14-0044-EN) in the amount of
$237,644.11, and authorize the appropriate officials to execute same. (consent)
This contract is for the construction of sidewalks in a portion of the East
Gateway area of Clearwater and includes new sidewalk adjacent to Rollen
Road near Sandy Lane Elementary School. Improvements will be made to
make these sidewalks fully accessible. The City of Clearwater's Engineering
Department will be providing construction inspection.
The City received five bids and Central Florida Contractors, Inc. was the lowest
responsible bidder in the amount of$237,644.11.
Construction duration is 150 days and is anticipated to be completed in Spring
2016.
APPROPRIATION CODE AND AMOUNT:
0315-92339-563700-541-000-0000 $224,766.30
0315-92277-563700-541-000-0000 $ 12,877.81
Funds are available in capital improvement program projects in amounts of
$224,766.30 from 315-92339, New Sidewalks and $12,877.81, Streets and
Sidewalks, to fund this contract.
8.4 Adopt a City Council Policy regarding Brick Streets. (consent)
At the June 1, 2015 Council Work Session, staff was directed to develop a
policy regarding the installation of brick streets within the city.
Staff has drafted a policy, which includes the following key points:
• Criteria for creation of new brick streets which were previously asphalt,
• Criteria for replacing an existing deteriorated brick street with new
bricks,
• Property owners on existing asphalt streets to be converted to brick will
be required to pay the construction cost differential between asphalt
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and brick through a special assessment,
• There will be no cost to property owners on existing deteriorated brick
streets to be replaced with new bricks,
• Once a request for a new brick street has been made, the City will poll
all property owners within the requested area and provide a non-binding
estimate of the anticipated cost for each property, and
• If the City receives responses indicating that a majority (51%) of the
property owners are interested, the City will proceed to implement a
special assessment following the procedures in Chapter 27, Clearwater
Code of Ordinances, which provides opportunities for public input prior
to establishing a final assessment roll.
Staff has researched how other municipalities in the area manage brick street
requests. A majority of these municipalities do not have a policy regarding
creation of new brick streets which were previously asphalt.
APPROPRIATION CODE AND AMOUNT:
There is no funding associated with this item.
In response to questions, Engineering Assistant Director Scott Rice said the
item before Council does not include a credit for the life expectancy of bricks.
Assistant City Manager Jill Silverboard said staff did not calculate the credit
because the City would incur 100% of the initial cost to install the bricks.
Engineering Director Mike Quillen said traffic calming projects require 65%
approval of the property owners. Staff has amended the percentage
requirement in the policy.
Discussion ensued with comments made that the life expectancy of bricks is
greater than asphalt and that property owners are not assessed for traffic
calming projects. Concerns were expressed that the City cannot front load
the cost for installing bricks and that the 51% approval may be too low.
The City Attorney said that Council may define the percentage approval
requirement. Florida Statutes require historic districts to have majority
approval of the property owners. If the neighborhood was not a historic district,
a vote would not be required. The policy before Council would be citywide.
In response to questions, Mr. Rice said that a storm water/water/sewer utility
work will be coordinated with the brick request for Harbor Oaks. Mr. Quillen
said staff has requested an amendment to the grant funding agreement with
the Southwest Water Management District to extend the time period but it has
not yet been approved. The City will contact the property owners via certified
letters and provide a 30-day response time.
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In response to a comment, the City Attorney said staffs research of the Harbor
Oaks Historic District indicated there were no brick streets previously.
Staff was directed to take the item off the Consent Agenda.
9. Planning
9.1 Authorize an agreement between the City of Clearwater and the Florida Department of
Economic Opportunity to serve as a pilot community to receive complimentary
technical assistance in the creation of a coastal vulnerability assessment and
adaptation plan, authorize the appropriate officials to execute same and adopt
Resolution 15-21.
In 2012, the Florida Department of Economic Opportunity (DEO), in
partnership with the National Oceanic and Atmospheric Administration, Florida
Department of Environmental Protection, Florida Department of Emergency
Management, and others, initiated a five-year project to develop and provide
guidance and technical assistance to Florida communities for integration of
adaptation to potential sea level rise into current planning mechanisms
including the local comprehensive plan, local hazard mitigation plan,
post-disaster redevelopment plan, economic development plan, strategic
plans, and capital improvement plans.
DEO has contracted with Dewberry Consultants LLC (Dewberry) to complete
two tasks as part of the overall Community Resiliency Initiative. Task 1
includes developing coastal hazard vulnerability analyses and scenarios for
three pilot communities. Task 2 is to use those vulnerability analyses and
scenarios (Task 1) to complete coastal hazard adaptation plans for each of the
three communities. In addition to these major tasks, Dewberry will complete a
number of guidance tools, presentation materials, and case studies that clearly
identify and explain all the information and resources needed and available to
Florida communities for the completion of these same analyses, scenarios and
adaptation plans for their own communities.
DEO invited the City of Clearwater to be one of the three pilot communities.
Participation in the pilot program will present a number of opportunities for the
City, including:
• Be one of the first communities in the country to undertake an
adaptation planning program;
• Build the City's capacity to reduce hazard vulnerabilities and rebound
more quickly from coastal flooding events, including sea level rise;
• Position the city for future related funding opportunities that may
become available; and,
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Council Work Session Meeting Minutes August 31, 2015
• Serve as a resiliency leader for other communities around the state,
providing valuable examples and best practices. All of the products and
lessons learned from the City's adaptation planning process will be
organized into approachable formats for other communities around the
state (and nation) to use.
The Memorandum of Agreement, Exhibit A of Resolution 15-21, establishes
the terms and conditions whereby DEO will provide a contractor to provide
consultant services to develop a coastal hazards vulnerability assessment and
adaptation plan for the City, and the City agrees to create a local steering
committee and to participate in the assessment process and creation of the
adaptation plan. Dewberry is contractually obligated to complete the risk and
vulnerability analyses for the three pilot communities by the end of June 2016,
and must complete the final adaptation plans for the communities by
mid-December 2016.
In response to questions, Planner Manger Lauren Matzke said staff will help
coordinate the steering committee meetings and review recommendations to
ensure they address local needs and concerns. Staff has not discussed
steering committee membership makeup with the DEO.
Staff was directed to ask the DEO regarding how much effort will be placed on
economic opportunities related to transportation.
The Council recessed from 2:56 p.m. to 3:00 p.m.
10. Marine & Aviation
10.1Authorize the City Manager or designee to negotiate a Lease Agreement with
top-ranked firm, Clearwater Beach Seafood, Inc., in response to RFP 20-15 (RFP), to
demolish the existing structure located at 37 Causeway Boulevard and construct and
operate a new restaurant for a term not to exceed thirty years; approve the Second
Amendment to Lease Agreement (current lease agreement) with Clearwater Beach
Seafood, Inc. and authorize the appropriate officials to execute same. (consent)
The City owns the property located at 37 Causeway Boulevard on Clearwater
Beach. Clearwater Beach Seafood, Inc. leases the property from the City to
operate a restaurant known as Crabby Bills Seafood. The current lease is
scheduled to expire on September 30, 2015. Additionally, the existing building
is nearing the end of its useful life, but is a significant Marina Enterprise Fund
asset due to its location on a highly visible lot adjacent to the Clearwater Beach
Marina and Pier 60.
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Council Work Session Meeting Minutes August 31, 2015
Therefore, an RFP for a new lease was released on April 21, 2015.
Requirements in the RFP included demolition of the current structure and
construction and operation of a new restaurant of the most appropriate type
and quality to complement the City's beach redevelopment efforts, as well as
provide a commercially advantageous return to the Marina Enterprise Fund.
The City received proposals from three development teams:
• Clearwater Beach Seafood, Inc.(current leasehold tenant)
• 37 Causeway Boulevard, LLC
• CC Development, LLC
The CC Development, LLC proposal was incomplete and was thus determined
to be non-responsive to the RFP. The two remaining proposals were
determined to be complete and responsive to the RFP.
A Selection Committee made up of the Assistant City Manager for Economic
Development; Economic Development and Housing Director; Planning and
Development Director; Finance Director; Marine and Aviation Director; and
Real Estate Services Coordinator met on June 26, 2015, to evaluate the two
development team proposals according to the following evaluation criteria
stated in the RFP:
1) Experience in restaurant management and operations 25%
2) Restaurant theme/type/quality 25%
3) Professional expertise/composition of the design and construction team
15%
4) Financials - resources, capital funding, demolition and new building
infrastructure 15%
5) Compensation to the City 20%
The committee subsequently invited the two teams to make oral presentations
to the Committee on July 22, 2015, to expand upon their written submissions
and answer any questions the Committee had concerning the written
proposals. Subsequent to the oral presentations, the Committee completed
their evaluations and ranking of the two firms. The final ranking is as follows:
1) Clearwater Beach Seafood, Inc. (current leasehold tenant)
2) 37 Causeway Boulevard, LLC
While the two firms scored similarly in several categories, they differed notably
in restaurant theme/type/quality, demonstrated brand strength in the market,
and in the amount of compensation each firm proposed to be paid to the City
over the term of the leases proposed.
37 Causeway Boulevard, LLC offered a mix of two restaurant types in its
proposal. The proposal described one restaurant as a ground floor tenant with
an internationally known brand and the other as a restaurant operated by team
members with a polished casual atmosphere and a chef-inspired menu.
However, during the verbal presentation, 37 Causeway Boulevard, LLC
revealed that its proposed ground-floor tenant had not yet committed to the
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Council Work Session Meeting Minutes August 31, 2015
venture. Subsequent to the verbal presentation, the proposed ground floor
tenant provided a Letter of Intent. Committee concerns with this proposal
included risk components of the unproven chef-inspired restaurant concept and
the lack of a formal agreement with the ground floor tenant. The firm proposed
to pay the City a base rent of$120,000 in year one of the lease along with 8%
of gross alcohol sales above $10,000 in sales monthly (total year-one estimate
of$70,404). Estimated cash return to the City over term of proposed lease:
$8,386,203.
Clearwater Beach Seafood, Inc. proposes to continue to operate a restaurant
under its well-known brand, Crabby Bills. The firm promoted its name
recognition among residents and repeat tourists, as well as a history of very
positive reviews from customers of this location. Their presentation highlighted
their evolving menu, which is continuously updated to meet changing customer
demand and their proven brand appeal in the market. They proposed to pay
the City a year-one base rent of$136,213. They also proposed to pay the City
9% of alcohol sales above $10,000 monthly (total year-one estimate of
$83,086) and 2% of gross food sales above $4,000,000 annually (year one
estimate of$4,000). Estimated cash return to the City over term of proposed
lease: $10,984,403.
The RFP required total redevelopment of the site. Both proposals complied
with this requirement and each proposed a new building that would offer indoor
and outdoor seating in an attractive building that takes advantage of the
spectacular views. Both firms proposed acceptable construction schedules.
37 Causeway Boulevard, LLC proposed a new restaurant opening in
December, 2016, and Clearwater Beach Seafood, Inc. proposed an opening in
February, 2017.
The Selection Committee recommends the Council designate Clearwater
Beach Seafood, Inc. as preferred lessee and authorize staff to negotiate a
lease for consideration by the Council for the following reasons:
1) An established restaurant operation with proven profitability, market
share and likely sustainability in the market over an extended period
2) Innovative, proven established management team with evidenced
quality control and continuous product/menu evaluation and
improvement to meet market conditions
3) An attractive, modern building design which is consistent with the
repositioning of the Beach and the Marina site and a $1.9 million
investment in the structure
4) Strong financial position indicating the ability to perform, deliver and
sustain the lease and redeveloped property across economic cycles -
$1.8 million in escrowed construction funds, with no debt issuance
required; $325,000 operating reserve for FF&E: established cash flow
projections benchmarked against actual operations, etc.
5) Superior financial return to City, with a projected return of$10,984,403
over term of the lease at proposed lease structure projections
While Clearwater Beach Seafood's proposal was deemed most responsive and
advantageous to the City, there are several items that the Committee believes
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City of Clearwater
Council Work Session Meeting Minutes August 31, 2015
need to be vetted more fully during lease negotiations in order to finalize a
recommendation of lease award.
First, staff would like to discuss with the proposer how to amend their building
design to activate and create a retail presence on the street level of the
building. Having this critical corner on the Beach lively and interesting for
passersby, as well as patrons, would facilitate and move forward the objectives
of Beach by Design. The proposers have indicated a desire to support this
objective, by adding seating and food service at street level consistent with
development and property restrictions.
Second, staff would like to discuss and understand, in greater detail, the
interior design of the restaurant vis-a-vis the modern, contemporary facade of
the exterior building. An evolution of the current Crabby Bill's interior design
brand is needed in the new building to keep the product fresh in the market as
well as being important to the long-term success of the lease tenancy.
Finally, staff would also like to learn more about the firm's future marketing and
branding strategy. Crabby Bills is a well established brand with an embedded
customer perception as a casual restaurant. However, its menu offerings and
pricing strategy at this location suggest a higher-tiered dining experience.
Currently, Crabby Bills' customers spend an average of$29 per visit. While
the casual restaurant setting is a true fit for beach goers, current development
of several high-end hotels on south Clearwater Beach may bring forth a
clientele seeking a slightly more upscale dining option. Staff seeks a better
understanding of how the management team intends to meet this market
evolution. A branding strategy aimed at differentiating this Crabby Bills location
from others, including its Beach Walk restaurant, will help to meet this demand
and assure the long-term viability/profitability of the tenancy.
Staff will address these issues during lease negotiations and incorporate the
results in the lease recommendation to Council.
Next Steps:
1) Staff negotiates a lease agreement with Clearwater Beach Seafood, Inc.
and presents to Council for approval
2) Clearwater Beach Seafood, Inc. files development application with the
City's Planning and Development Department
3) CDB considers site plan; development order is issued
4) Clearwater Beach Seafood, Inc. files for permits
5) Construction commences
6) New restaurant opening
It is unlikely that negotiations for a new lease will be complete prior to the
expiration of the current lease. The proposed Second Amendment to Lease
Agreement with Clearwater Beach Seafood, Inc. will extend the current lease
on a month-to-month basis until such time as a new lease is approved by
Council or upon thirty days notice of termination by either party.
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City of Clearwater
Council Work Session Meeting Minutes August 31, 2015
In response to questions, Marine and Aviation Director Bill Morris said the
selection committee was concerned with one proposal, the committee felt it
would not feel expensive. The current tenant conducted an extensive review of
what sells and revamps the menu to what customers want. Assistant City
Manager Rod Irwin said Clearwater Beach is evolving but Clearwater Beach
Seafood has an established clientele. The lease agreement will come back to
Council for approval.
Staff was directed to take the item off the Consent Agenda.
11. Information Technology
11.1Approve a contract (purchase order) in the amount of$168,000 to TSO Mobile, Inc.,
Miami, FL for vehicle GPS tracking devices and software services; approve an
increase of$54,000 in Purchase Order BR510269, and authorize the appropriate
officials to execute same. (consent)
The City has used TSO Mobile, Inc. as a vehicle GPS solution for the past 8
years. Recent increases in the number of unit installations (additional 120
units in last year), combined with changes in purchasing from `by department
annually' to `enterprise-wide annually' will necessitate a rebid of these services
this coming year.
The City currently has 432 GPS units in use across 11 different field
operations.
The contract is a one-year agreement during which time a Request for
Proposal will be issued and a service provider selected for a new 3-5 year
contract (TSO Mobile will be eligible to bid).
GPS tracking allows managers of field operations to improve efficiencies in the
deployment of field resources and personnel as well as response to critical
needs and emergencies.
Due to new fleet vehicle installations in May through June, an additional
$54,000 is needed in the current fiscal year Purchase Order BR510269, for a
revised total of$144,000.
APPROPRIATION CODE AND AMOUNT:
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Council Work Session Meeting Minutes August 31, 2015
Funds are budgeted in the Information Technology operating budget.
In response to a question, the City Manager said the devices will allow a more
efficient management of field workers.
12. Customer Service
12.1Approve a continuing contract (Blanket Purchase Order) in the amount of$101,490
for Fiscal Year 2016 with Cayenta, a division of N. Harris Computer Corporation, for
support and maintenance related to the Utility Management System, four option years
with a maximum 2% increase annually, to extend the term of the agreement through
September 30, 2020 at the City's discretion; approve $25, 000 blanket purchase order
for Consulting Services from Cayenta, a division of N. Harris Computer Corporation,
for support efforts in finding efficiencies to streamline business processes during
Fiscal Year 2016; and authorize the appropriate officials to execute same. (consent)
Since 1998, Utility Customer Service has used Cayenta's software utility
management system to bill a wide range of services for water, sewer, reclaim
water, stormwater, solid waste, recycling and gas to over 50,000 customers at
approximately $150 million annually. The system is also utilized by other city
departments (i.e., Gas, Public Utilities, Solid Waste, and Police).
Utility Customer Service recommends that the City continue to use Cayenta's
Utility Management System because it is a mission critical system, the software
is proprietary and thus supported and maintained by Cayenta and reinvesting
in our utility system allows us to keep pace with ever changing demands.
The Fiscal Year 2015 BPO amount is $99,500.00. The 2% annual increase for
support and maintenance, capped at 2 %, increases the Fiscal Year 2016
costs to $101,490.
APPROPRIATION CODE AND AMOUNT:
Funds for support and maintenance contract of$101,490 have been budgeted
for Fiscal Year 2016 in cost code 0555-09884-546200-519-000-000 (Other
Equipment Service and Repair).
Funds for the $25,000 professional services have been budgeted for Fiscal
Year 2016 in cost code 0555-09887-530100-519-000-0000 (Professional
Services).
13. Solid Waste
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13.1Approve an amendment to the Private-Public Partnership Service and Access
Agreement between the City of Clearwater and Harris Corporation, and authorize the
appropriate officials to execute same. (consent)
Harris Corporation and Sprintcom have requested an amendment to the
Private-Public Partnership Service and Access Agreement between the City of
Clearwater and Harris Corporation. The Private-Public Partnership Agreements
authorizes Harris Corporation to maintain, advertise, and lease tower space to
private agencies on the City's behalf. Revenue from leasing activities is shared
between the City of Clearwater and Harris Corporation. The amendment to this
agreement allows for direct negotiations between the City and Sprintcom Inc
should the agreement between Sprintcom and Harris Corporation be
terminated. The agreement is valid through Sep 30, 2022.
14. Official Records and Legislative Services
14.1Appoint an alternate member to the Community Development Board to fill the
remainder of an unexpired term through April 30, 2018.
There was consensus to appoint John Quattrocki.
14.2Appoint Desaray Dilday to the Sister Cities Advisory Board as the youth member to fill
the remainder of an unexpired term through December 31, 2016. (consent)
15. Legal
15.1Adopt Ordinance 8750-15 on second reading, annexing certain real property whose
post office addresses are 1219 Aloha Lane, 1245 Palm Street, and 1223 Union
Street, all in Clearwater, Florida 33755, together with certain abutting right-of-way of
Union Street, into the corporate limits of the city and redefining the boundary lines of
the city to include said addition.
15.2Adopt Ordinance 8751-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 1219 Aloha Lane, 1245 Palm Street,
and 1223 Union Street, all in Clearwater, Florida 33755, upon annexation into the City
of Clearwater as Residential Urban (RU).
15.3Adopt Ordinance 8752-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1219 Aloha Lane,
1245 Palm Street, and 1223 Union Street, all in Clearwater, Florida 33755, upon
annexation into the City of Clearwater as Low Medium Density Residential (LMDR).
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Council Work Session Meeting Minutes August 31, 2015
15.4Adopt Ordinance 8753-15 on second reading, annexing certain real property whose
post office addresses are 2101 Burnice Drive and 2155 Burnice Drive, all in
Clearwater, Florida 33764, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
15.5Adopt Ordinance 8754-15 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 2101 Burnice Drive and 2155 Burnice
Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as
Residential Low (RL).
15.6Adopt Ordinance 8755-15 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 2101 Burnice Drive
and 2155 Burnice Drive, all in Clearwater, Florida 33764, upon annexation into the
City of Clearwater as Low Medium Density Residential (LMDR).
15.7Adopt Ordinance 8765-15 on second reading, amending the Clearwater Code of
Ordinances, Appendix A, Schedule of Fees, Rates and Charges, Section (3)(E)
Stormwater Management Utility Rates.
16. City Manager Verbal Reports — None.
17. City Attorney Verbal Reports — None.
18. 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).
Councilmember Hock-DiPolito said building contents needs to be considered
when renewing and reviewing insurance policies. In response to a question
Assistant City Manager Jill Silverboard said it was not known if the City's flood
insurance policy for the Visitor Center on Clearwater Beach covered contents.
19. Closing Comments by Mayor — None.
20. Adjourn
The meeting adjourned at 3:25 p.m.
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City of Clearwater