11/16/2015 Council Work Session Meeting Minutes November 16, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
e d
s
w
r'
�mu
Meeting Minutes
Monday, November 16, 2015
1 :00 PM
Council Chambers
Council Work Session
Page 1
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
Roll Call
Present 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, Councilmember Bill Jonson, and
Vice Mayor Jay E. Polglaze
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.
A moment of silence was observed in remembrance of the victims of the
recent terrorist attack in Paris, France.
2. Presentations — Given.
2.1 Service Awards - November
Four service awards were presented to city employees.
The Council recessed from 1:05 to 1:11 p.m. to meet as the Pension Trustees.
3. Engineering
3.1 Approve the annual renewal of construction contract to Keystone Excavators, Inc.,
Oldsmar, Fl, for the 2014 Annual Stormwater Improvements Project (14-0004-EN)
based on unit price only in an amount not to exceed $1,144,319 for year two and
authorize the appropriate officials to execute same. (consent)
August 7, 2014, City Council approved the 2014 Annual Stormwater
Improvements construction contract. The intent of this project is to establish
on-call services for stormwater infrastructure improvements and repairs. This
contract includes options for renewal for up to two one-year periods at the
Page 2
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
same unit prices.
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 stabilization 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 for 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.
3.2 Approve a Time Extension of Southwest Florida Water Management District
(SWFWMD) Cooperative Funding Agreement (N270) for Jeffords Street Outfall
Improvements Project between SWFWMD and the City until November 17, 2017 and
authorize the appropriate officials to execute same. (consent)
October 6, 2011, Council approved a Cooperative Funding Agreement (N270)
for Jeffords Street Outfall Improvements Project from SWFEMD.
July 17, 2014, Council approved a time extension to January 31, 2016.
At this time construction is due for completion in September of 2016. It is
being requested to extend the funding agreement until November 17, 2017 to
allow for total completion of construction and the project.
September 17, 2015, Council approved construction contract to Construction
Manager at Risk Keystone Excavators Inc., of Oldsmar, Florida, in the amount
of$1,587,552.
The existing storm and sanitary systems in this area are nearing the end of
their useful lifespan and this project will replace them with new infrastructure
that provides an improved level of service.
The project also includes a stormwater treatment device located at the most
downstream end which will collect leaves and debris at one location improving
efficiency of maintenance staff and improving water quality.
Page 3
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
SWFWMD is funding 50% of the costs of the project up to a maximum of
$200,000 for design and construction.
3.3 Approve a work order to Engineer of Record (EOR) King Engineering Associates, Inc.
in the amount of$179,101.00 to provide Design and Construction Engineering and
Inspection (CEI) services related to the East Water Reclamation Facility (WRF)
Clarifier Rehabilitation Project (15-0039-UT); and authorize the appropriate officials to
execute same. (consent)
This work provides for the rehabilitation of the two existing clarifiers at the East
WRF. The project follows the recent successful completion of the rehabilitation
of clarifiers 1-4 at the NorthEast WRF and the four clarifiers at the Marshal St.
WRF. Similar to those projects, the old East WRF clarifier equipment will be
sequentially taken out of service and replaced with new mechanical and
electrical equipment.
Project benefits are improved process efficiencies, ongoing rehabilitation and
restoration strategy of treatment infrastructure, increased environmental
protection and regulatory compliance.
King Engineering, Inc. has been the FOR for the previous clarifier rehabilitation
projects and will again be providing Design and CEI services.
This Work Order was negotiated in accordance with the Consultants
Competitive Negotiations Act.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the East WRF.
APPROPRIATION CODE AND AMOUNT:
0327-96654-561300-535-000-0000 $179,101
Funds are available in Utility Renewal and Replacement project 327-96654,
Facilities Upgrade and Improvements, to fund this work order.
In response to a question, Engineering Manager Rob Fahey said a long-term
strategy to phase out of the East Plant has been considered over the years but
deemed not to be a cost effective approach. The current strategy has been to
maintain all three water reclamation facilities, unless directed otherwise.
3.4 Approve the conveyance of a Distribution Easement to be granted to Duke Energy for
Page 4
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
the relocation and operation of light poles on City Parking Lot 32; and authorize the
appropriate officials to execute same. (consent)
The Parks and Recreation Department will be replacing the sand wall along the
west side of City Parking Lot 32 located at 332 S Gulfview Boulevard. This
project will require the relocation of seven light poles that are owned and
operated by Duke Energy. The proposed easement will provide for Duke to
relocate, operate and maintain the light poles.
In response to questions, Parks and Recreation Director Kevin Dunbar said all
lighting on the beach must be turtle compliant. The LED lights are brighter but
comply with specific standards to be turtle compliant. The lights at the
Countryside community parks will be converted to LED if owned by Duke
Energy, otherwise LED conversion will follow the City's CIP light replacement
schedule.
4. Planning
4.1 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 1478 Grove Circle Court; and pass Ordinances 8780-15, 8781-15, and
8782-15 on first reading. (ANX2015-09022)
This voluntary annexation petition involves a 0.233-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Grove Circle Court, approximately 247 feet west of Highland
Avenue. The applicant is requesting annexation in order to receive solid waste
service from the City, and will connect to City sewer when it is available in the
future, as part of the City's Grove Circle Court Sanitary Sewer System
Extension Project Area. The property is contiguous to existing City limits to the
west and south. It is proposed that the property be assigned a Future Land
Use Map designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The applicant
will connect to the City's sanitary sewer service when it is available, and
is aware of the sewer impact fee that must be paid in order to connect,
Page 5
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
as well as the financial incentives available. The property is located
within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. Fire and emergency
medical services will be provided to this property by Station 51 located
at 1720 Overbrook Avenue. The City has adequate capacity to serve
this property with sanitary sewer, solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on
public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this
property. This designation primarily permits residential uses at a density
of 5 units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the west and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
4.2 Approve the annexation, initial Future Land Use Map designation of Residential Low
(RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 2100, 2106, 2148, and 2149 Bell Cheer Drive and 2112 Burnice Drive.,
together with certain right-of-way of Bell Cheer Drive; and pass Ordinances 8783-15,
8784-15, and 8785-15 on first reading. (ANX2015-09023)
These voluntary annexation petitions involve five parcels of land totaling 1.164
Page 6
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
acres. The parcels are occupied by single-family dwellings and are located
generally south of Druid Road, west of Belcher Road, east of South Hercules
Avenue, and north of Lakeview Road. The applicants are requesting
annexation in order to receive solid waste service from the City, and will be
connected to city sewer as part of the Belcher Area Sewer Expansion Project.
The Development Review Committee is also proposing that approximately
0.248-acres of Bell Cheer Drive right-of-way also be annexed. Three of the
properties (2100 and 2106 Bell Cheer Drive and 2112 Burnice Drive) are
contiguous to existing City limits along at least one property boundary. The
properties located at 2148 and 2149 Bell Cheer Drive are not contiguous to
existing city boundaries; however, they are located in an enclave surrounded
by city property on all sides (Type A) and are eligible for annexation pursuant
to the Interlocal Service Boundary Agreement with Pinellas County. It is
proposed that the properties be assigned a Future Land Use Map designation
of Residential Low (RL) and the zoning category of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from the County.
Collection of solid waste will be provided to the properties by the City.
Three of the applicants have paid the sewer impact fee in full, and are
currently awaiting connection to the sewer system. The other two have
not made any payments but they are aware that the impact fee must be
paid in full prior to connection and of the financial incentives available.
The properties are located within Police District III and service will be
administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to the properties by Station 49 located at 565 Sky Harbor
Drive. The City has adequate capacity to serve the properties with
sanitary sewer, solid waste, police, fire and EMS service. The
properties will continue to receive water from Pinellas County. The
proposed annexations will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexations are consistent with and promote the
following objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
Page 7
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the
properties. The Residential Low (RL) designation primarily permits
residential uses at a density of 5 units per acre. The proposed zoning
district to be assigned to the properties is the Low Medium Density
Residential (LMDR). The use of the subject properties is consistent
with the uses allowed in the Low Medium Density Residential (LMDR)
District and the properties exceed the District's minimum dimensional
requirements. The proposed annexations are therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
• The properties proposed for annexation at 2100 and 2106 Bell Cheer
Drive and 2112 Burnice Drive are contiguous to existing City limits
along at least one property boundary; therefore, the annexations are
consistent with Florida Statutes Chapter 171.044. The properties
proposed for annexation located at 2148 and 2149 Bell Cheer Drive
are not contiguous to City boundaries but are located in a Type A
Enclave; therefore, the annexations are consistent with the Interlocal
Service Boundary Agreement authorized by Florida Statutes Chapter
171.204.
4.3 Approve the annexation, initial Future Land Use Map designation of Commercial
General (CG) and initial Zoning Atlas designation of Commercial (C) District for a
portion of 2990 Gulf to Bay Boulevard; together with certain right-of-way of Bayview
Avenue; and pass Ordinances 8777-15, 8778-15 and 8779-15 on first reading.
(ANX2015-08021)
This voluntary annexation petition involves a 0.083-acre portion of the property
located at 2990 Gulf to Bay Boulevard. It is located on the west side of Bayview
Avenue, approximately 250 feet north of Gulf to Bay Boulevard. The applicant
is requesting this annexation so that the entire parcel is in the City of
Clearwater, which will allow for a unified development plan. The Development
Review Committee is proposing that the 0.015-acres of abutting Bayview
Avenue right-of-way not currently within the city limits also be annexed. The
property is contiguous to existing City limits to the north, south and west. It is
proposed that the property be assigned a Future Land Use Map designation of
Commercial General (CG) and a zoning category of Commercial (C).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water and sewer service from the City.
Collection of solid waste will be provided to the property by the City.
The property is located within Police District III and service will be
administered through the district headquarters located at 2851 North
Page 8
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 49 located at 565 Sky Harbor Drive.
The City has adequate capacity to serve this property with sanitary
sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their
levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
• The proposed Commercial General (CG) Future Land Use Map
category is consistent with the current Countywide Plan designation of
this property. This designation primarily permits commercial and retail
uses. The proposed zoning district to be assigned to the property is
Commercial (C). The size of this portion of property by itself does not
meet the District's minimum dimensional requirements, but when
combined with the remainder of the parcel it exceeds the standard. The
use of the subject property is consistent with the uses allowed in the
District. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north, south and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
In response to a question, Planner Katie See said the neighboring property
was not interested in annexing into the city.
4.4 Approve an amendment to an existing services agreement with Stantec Consulting
Services Inc. (Stantec) of Tampa, Florida for the North Marina Area Master Plan
Project, increasing the purchase order by $8,252 to $105,624 as described in the
Additional Services Scope of Work, and authorize the appropriate officials to execute
same. (consent)
Page 9
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
The North Marina Area Master Plan Project (Master Plan) was identified as a
priority for the City of Clearwater by the Urban Land Institute (ULI) Advisory
Services Panel during their study of Downtown Clearwater in June, 2014. The
Planning and Development Department hired Stantec to prepare the Master
Plan for the North Marina Area, initiating the project in June of this year. The
Master Plan will identify strategies to balance the needs of the boating
community and area residents, as well as provide for appropriate development
options within the community. The Master Plan will also identify any necessary
amendments to the Clearwater Downtown Redevelopment Plan (Downtown
Plan), which will be incorporated into the Downtown Plan upon completion.
Under the current Scope, the project calls for Stantec to participate in a series
of one-on-one interviews, three community meetings, and two stakeholder
meetings as part of the public participation component. In addition to the
meetings, the Scope states that Stantec will produce a limited number of draft
design scenarios which will culminate in a recommended scenario and final
plan for staff and public review. Total compensation for work to be completed
under the existing agreement is $97,372.00.
The Department has discussed with Stantec the need for an additional
stakeholder committee meeting and community meeting not called for under
the existing Scope. Public engagement has been very successful throughout
this project, with all three community meetings averaging 70 people in
attendance. A fourth community meeting will enable the Planning and
Development Department to present the final recommended scenario and
implementation strategies to the community so they will have a chance to see
the results of their input. The additional meetings will also allow for increased
coordination between the Comprehensive Boating Plan for Clearwater Harbor
and the North Marina Area Master Plan. The original project budget was
included in the ULI Report Implementation program within the City Manager's
approval limits; however, the additional funding request of$8,252 would
increase the project budget to $105,624 which requires approval by the City
Council.
APPROPRIATION CODE AND AMOUNT:
Funding for this additional contract cost is available in special program
181-99888, ULI Report Implementation.
4.5 Approve an amendment to an existing services agreement with HDR Engineering, Inc.
of Tampa, Florida for the US 19 Corridor Development Code, increasing the purchase
order by $13,260 to $131,460 as described in the Additional Services Scope of Work,
authorize the allocation of General Fund reserves in the amount of$13,260, and
authorize the appropriate officials to execute same. (consent)
The Planning and Development Department has been working with HDR
Engineering, Inc. to develop new zoning district regulations and new design
Page 10
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
standards for properties on the US 19 corridor. Under the current agreement,
HDR produced preliminary concepts and sketches illustrating the existing
challenges with frontage conditions (completed in spring 2014), and prepared a
limited number of frontage section drawings and 3D sketches to be used within
the final code (drafted).
The proposed new development standards will facilitate the transition of
lower-intensity, single-use development (existing conditions) to higher intensity
development with a great mix of uses. To illustrate what could be
accomplished through the proposed new regulations, the Planning and
Development Department believes it would be beneficial to have renderings
that communicate the envisioned development for the corridor. These
drawings would be invaluable for the remaining public engagement and
adoption processes and for economic development outreach and recruitment
activities.
Upon approval of the additional services, HDR would prepare three renderings
to show potential development scenarios under the proposed Development
Standards - one for each of the proposed subdistricts (Regional Center,
Neighborhood Center, and Corridor). The drawings will be at a more realistic
level of detail than what is prepared for the new Code, and will be drawn from
the perspective of the street level, in order to illustrate both buildings and street
furnishings, as well as street life.
The current project budget, as approved by City Council in August 2014,
$118,200. The request for additional funding requires approval by the City
Council, and requires the allocation of$13,260 from General Fund reserves.
APPROPRIATION CODE AND AMOUNT:
Funding for this additional contract cost will be provided by a first-quarter
budget amendment allocating General Fund reserves in the amount of$13,260
to the Planning and Development Department operating budget
(010-01420-530300).
USE OF RESERVE FUNDS:
A net total of$13,260 of General Fund reserves has been used to date to fund
expenditures in the 2015/16 operating budget. The remaining balance in
General Fund reserves is approximately $28 million, or 22.5% of the current
General Fund operating budget.
In response to questions, Planning Manager Lauren Matzke said the
consultant is in the process of preparing revisions to the development code
Page 11
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
based on comments received by the stakeholders. Staff and HDR will hold
another stakeholders meeting to review and hold an Open House prior to
finalizing elements for the public hearing. Per scope of services, city staff will
conduct the Open House outreach.
5. Marine & Aviation
5.1 Approve the Third Amendment to the lease agreement dated September 17, 2012 by
and between the City of Clearwater, Florida (Lessor) and Marina Cantina, LLC,
(Lessee), ratify and confirm the reimbursement of$409,606.49 to be funded from
General Fund Reserves to the Lessee for emergency repairs and improvements done
to the Marina Building, and authorize the appropriate officials to execute same.
(consent)
The City of Clearwater entered into an agreement with the Marina Cantina,
LLC on September 17, 2012.
This lease was amended with a First Amendment on June 19, 2013 to modify
the terms and conditions resulting from the hold over tenants of the former Gift
Shop, which affected the square footage of the Lease Agreement with the
Lessee as the Lessee took over and gained that former gift shop square
footage.
This lease was amended with a Second Amendment on October 5, 2015 to
take into account a brief construction delay caused by improvements that were
not initially contemplated in the initial lease agreement.
The Second Amendment provided an extension of the completion date by
three months to have the restaurant open by January 1, 2016.
This Third Amendment provides the documentation and instrument for the
Lessee's costs ($409,606.49) to be brought forward for reimbursement by the
Lessor. These are for unforeseen costs for emergency repairs, exterior and
common space glass, doors, and fire rated drop ceilings along with costs not
budgeted for bringing the entire building to a uniform appearance and in
compliance with current building codes. Items such as central HVAC
(removing all window air conditioners) and those upgrades necessary to
provide a "like" appearance throughout the entire structure including floors,
walls, ceilings, doors and glass were made to flow as one new space. As
these are presented with the work completed, the approval requires a Ratify
and Confirm action by City Council for the reimbursement of the costs as listed
in Exhibit 1A. The funding source for these funds would be the City's General
Fund Reserves.
Page 12
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
APPROPRIATION CODE AND AMOUNT:
Funding for this contract will be provided by a first quarter budget amendment
allocating a transfer of General Fund reserves in the amount of$409,606 to
the Marine Fund.
USE OF RESERVE FUNDS:
Inclusive of this item if approved, a net total of$422,866 of General Fund
reserves has been appropriated by Council to fund expenditures in the 2015/16
operating budget. The remaining balance in General Fund reserves is
approximately $27.6 million, or 22.2% of the current General Fund operating
budget.
In response to questions, Marina and Aviation Director Bill Morris said staff
has provided Council with information detailing $85,000 for emergency utility
repairs and$48,000 for exterior finishes. Approximately$2.5 million has been
expended in private investment.
In response to a concern, the City Attorney said staff will confirm the
environmental assessment and status of the tank removal (from previous gas
station). Assistant City Manager Jill Silverboard said a loan from the central
insurance fund was not considered as an alternative based on the business
plan. Staff is recommending a one-time expenditure from the general fund to
move the project forward.
Discussion ensued with comments made that the city owns the building and
responsible for primary infrastructure. Support was expressed to reimburse
the Leasee for necessary repairs.
6. Solid Waste
6.1 Approve a Contract (Purchase Order) renewal to Communications International of
Vero Beach, FL in the amount of$ 102,600.00 for the maintenance and repair of the
city-wide two-way radio communication system and equipment in accordance with
Sec. 2.564(1)(b), Code of Ordinances - Sole Source; and authorize the appropriate
officials to execute same. (consent)
This contract renewal authorizes Communications International to provide
preventive maintenance, repair, and or replacement, labor, and testing on all of
the City's two-way radios and terminals.
The term of this contract renewal is one year, October 1, 2015 through
Page 13
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
September 30, 2016, and includes demand services, emergency services, and
preventive maintenance. Original Contract approved by Council on December
18, 2014, for dates October 1, 2014 through September 30, 2015.
APPROPRIATION CODE AND AMOUNT:
566-06620-530300-519 $102,600.00
These funds are available in the operating expense of the Radio Shop as
budgeted in Fiscal Year 2015/16.
6.2 Approve an increase to the annual blanket purchase order (contract) to Iron Container
LLC of Miami and Lake Alfred, FL in the amount of$25,000 for a revised authorization
of$135,000 for the purchase of front load containers, with new amount applicable to
the two, one-year extension terms, and authorize the appropriate officials to execute
same. (consent)
The City of Clearwater's Solid Waste Department collects waste from
commercial customers in front load containers. Although the Department
performs repairs on the front load containers, sometimes replacement is
necessary. This contract is for the purchase of front load container
replacements.
During December 2014, the Purchasing Department advertised an Invitation to
Bid 08-15 for front load containers. Iron Container LLC was the lowest
qualified bidder.
The Council approved the first year's purchase order in the amount of
$100,000 during the February 5, 2015 council meeting and a 10%
-administrative increase was approved by Acting City Manager Jill Silverboard
on October 22, 2015. Due to higher demand than anticipated for new
customers and container replacements, the Solid Waste Department has
exhausted that initial purchase order and is now requesting an increase to the
blanket purchase order in the amount of$25,000, with the new annual
authorization amount of$135,000.
APPROPRIATION CODE AND AMOUNT:
Funding for this contract is available in capital project 315-96444, Commercial
Container Acquisition.
6.3 Approve the purchase authorization of vehicles (heavy and light duty) and equipment
on the 15/16 Vehicle Replacement List as approved in the 15/16 Fiscal Year Budget,
per the pricing, terms and conditions of the following contracts, in accordance with
City Code of Ordinances, Section 2.564 (1)(d) Other Government Entities Bid: Florida
Page 14
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
Sherriff's Contract/ Florida Association of Counties (FSA/FAC) Contracts - Police
Rated, Administrative, Utility Vehicles, Trucks and Vans Contract, Heavy Equipment,
Cab, Chassis, ant Other Fleet Equipment Contract; National Joint Powers Alliance
(NJPA) - Heavy and Utility Equipment; Houston-Galveston Area Council (HGAC) and
Various State of Florida - Department of Management Services (DMS) Vehicles,
Equipment and Fleet Contracts. (consent)
The Fleet Department is requesting a consolidated expenditure authorization
not to exceed $4,335,000.00 for the acquisition of vehicles and equipment and
the authorization to surplus the designated units being replaced. New
purchases are to replace designated units due for replacement in Fiscal Year
(FY) 2016, which have reached the end of their useful and economic life.
Factors used to determine the end of useful life and economic life include but
are not limited to: age, life to date, mileage/hours of operations, historical
maintenance cost as compared to like vehicles, operating cost per mile/hour,
anticipated and ongoing repairs, and physical condition.
All of the contracts recommended for purchase authorization are competitively
bid and awarded by their respective jurisdictions:
• FSA/FAC is a purchasing cooperative in the State of Florida for police
and municipal requirements.
• NJPA is a purchasing cooperative operating under legislative authority
in the State of Minnesota
• The HGAC is a regional purchasing cooperative in Southeastern Texas
comprising over thirteen counties and 100 cities.
• State of Florida, Department of Management Services, cooperatively
bids requirements of agencies throughout Florida.
The authorization to surplus the designated units being replaced as the new
vehicle(s)/equipment arrive is being requested. Pursuant to City of Clearwater
Code of Ordinances, Section 2.621, surplus sales of common bulk items of an
estimated value greater than $5,000 shall be through public auction or open
market, following authorization by the City Council.
Both authorizations requested herein represent a consolidation of multiple
agenda items, and authorizations by the City Manager and Purchasing
Manager required during Fiscal Year 2015 for vehicle/equipment purchases
and surplus authorization.
APPROPRIATION CODE AND AMOUNT:
Fund Impacted General Fund $406,000.00
419 Stormwater $43,000.00
421 Public Utilities $144,000.00
Page 15
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
423 Gas $531,000.00
424 Solid Waste $2,367,000.00
432 Marina
Total $3,491,000.00
Penny Funds (315-94238) $21,000.00
Garage Fund Motorized Cash (315-94233) $73,000.00
General Services LP Additional (316-94244) $19,000.00
Planning & Development LP Additional (316-94244) $21,000.00
Solid Waste LP Additional (316-96445) $25,000.00
Parks & Rec LP Additional (316-93657) $35,000.00
Public Utilities LP Additional (316-96209 & 96780) $169,000.00
Gas LP Additional (316-96390) $161,000.00
Stormwater LP Additional (316-96189/90/91) $320,000.00
Total $844,000.00
7. Public Utilities
7.1 Approve a $250,000 increase to Blanket Purchase Order (BPO) to Xylem, Inc. (Xylem)
of Apopka, Florida, for the contract period of May 21, 2015 through March 31, 2016,
for a revised amount of$580,000 due to excessive repairs and replacements requiring
expenditure of funds in excess of the amount presented to Council on June 1, 2015,
and authorize the appropriate officials to execute same. (consent)
Xylem (formerly ITT Water and Wastewater, Florida LLC) is the sole source
vendor for Flygt Pumps, replacement parts and factory authorized service in
Florida east of the Apalachicola River. Flygt Pumps are standardized in the city
wastewater facilities for lift stations, submerged internal recycle and backwash
pumping applications due to reliability of the pumps and to facilitate operational
and maintenance efficiency. Standardization of pumping equipment reduces
redesign / retrofit of the piping systems and overall down time, which is critical
to maintaining regulatory compliance. Standardization also reduces the
required stocking of parts and replacement pumps, as well as the cost of
maintenance operations.
Public Utilities' staff has negotiated with Xylem, Inc. to honor the Hillsborough
County Public Utilities Department's contract discount from the most recent
manufacturer's published price list on pumps, parts and labor. The purchase of
these pumps, parts and services meet all requirements of Code of Ordinances
Section 2.564 (1)(b) Sole Source Purchase, and Section 2.564 (1)(d) Other
Page 16
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
Governmental Entity Contract.
On June 3, 2015, Council approved the current BPO, BR510839, for$300,000
and an increase of$30,000 (10%) by Acting City Manager Jill Silverboard
occurred on October 30, 2015. However, the Department has experienced a
high demand for repairs and pump replacements since that time. Currently, the
Department has 194 Xylem pumps that are in use throughout the utility system.
These pumps provide essential service and are required for operations, many
of which are operating in high demand environments where high wear rates
occur. A number of the pumps are reaching their end of useful life and require
additional maintenance, service and replacement when the cost of repair
becomes excessive. The lift stations and wastewater facilities received very
high flows for a large portion of the summer due to the excessive rainfall
experienced during the numerous long-term severe storms that occurred.
Operating at these sustained severe operating conditions caused the number
of pumps defects that developed to be greatly in excess of the normally
expected rate. As a result, and at this time, an increase of the funding level of
this BPO is required to ensure our ability to address necessary repairs going
forward, for a new PBO total of$580,000.
APPROPRIATION CODE AND AMOUNT:
0421-01351-550400-535-000-0000 $ 25,940.58
0421-01347-550400-535-000-0000 $224,059.42
Sufficient funding is available in Water and Sewer Utility Operations Fund
amounts of$25,940.58 from 0421-01351, WPC Plant Operations, and
$224,059.42 from 0421-01347, Wastewater Maintenance, to fund this contract.
In response to questions, Public Utilities Director David Porter said the item
before council addresses only wastewater. There is considerable amount of
infiltration and inflow, staff is working with a local consultant to address these
issues. Mr. Porter said most of the pumps are over twenty years old.
8. Legal
8.1 Adopt Ordinance 8776-15 on second reading, vacating public right-of-way described
as that certain right-of-way adjacent to the north boundary of Lots 1-5, and the south
boundary of Lots 6-10, Block 5, Jones' Subdivision of Nicholson's Addition to
Clearwater Harbor according to the map or plat thereof, as recorded in Plat Book 1,
Page 13, of the Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
8.2 Authorize an increase in funding for outside counsel in the case of David and Aileen
Page 17
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
Bair v. City of Clearwater, Case No. 13-002750-CI, in the amount of$75,000.00
through completion of oral argument and evidentiary attorney fees hearing. (consent)
On or about April 2001, the Plaintiffs submitted a building application to
Planning and Development to remodel their property in Island Estates.
Because the property is below the 100-year flood elevation and is
located in a "V" flood zone, the Community Development Code requires
any "substantial improvements" to existing structures to comply with the
flood damage-resistance provisions, including that the structure be
elevated. "Substantial Improvement" is defined as the reconstruction,
rehabilitation, addition or other improvement of a structure during a
one-year period, the cost of which
equals or exceeds 50 percent of the market value of the structure before
the start of the construction of the improvement.
The Building Official required the Plaintiffs to submit a non-substantial
improvement application and related materials demonstrating that the
work was not a substantial improvement. The City initially issued a
building permit in July 2011 and Plaintiffs began work in August of that
year. The City then placed a Stop Work Order on the property because
Building determined that in fact the work constituted a substantial
improvement. The Plaintiffs appealed this determination to the
Building/Flood Board of Adjustment and Appeals; the Board ruled in
favor of the City. The Plaintiffs did not further appeal the Board's
decision to Circuit Court, but instead began the process, which resulted
in the filing of this lawsuit.
The Plaintiffs' suit has two counts, one under the Bert J. Harris, Jr.
Private Property Rights Protection Act and a second for Equitable
Estoppel. The Plaintiffs claim that they have lost market value on their
property due to their partial demolition of the structure in alleged reliance
on the issuance of the permit and due to their alleged inability to
complete the renovations.
The Pinellas County Circuit granted the City summary judgment on the
plaintiffs' Bert Harris claim and dismissed the equitable estoppel claim.
The plaintiffs' appealed the case to the Second District Court of
Appeals. The parties are briefing the issues in preparation for oral
argument of this appeal.
It is also anticipated that an evidentiary hearing regarding the award of
attorneys fees and costs to the city will be necessary.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-09600-530100-514-000, Professional
Services, to fund this contract.
Page 18
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
8.3 Approve Legal Services Agreement for Attorney Jay Daigneault to provide Attorney
Services to the City of Clearwater Nuisance Abatement Board and authorize the
appropriate officials to execute same. (consent)
Approving a Legal Services Agreement with Attorney Jay Daigneault, who will
be providing outside legal services to the Nuisance Abatement Board, which
was created and approved by the City Council pursuant to Ordinance 8692-15.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is available in the Professional Services Budget
Code 010-09600-530100-514-000
8.4 Approve referendum questions to appear on the ballot on March 15, 2016 regarding
changes to the City Charter and pass Ordinances 8807-15, 8808-15 and 8809-15 on
first reading.
The Charter Review Committee is appointed by the City Council every five
years to review the City Charter and recommend changes thereto. This year's
Charter Review Committee recommends the following changes:
Ordinance 8807-15 would require the Charter Review Committee to meet
every six years instead of the current every five years;
Ordinance 8808-15 would eliminate the competitive bid requirement for sale of
certain vacated city right-of way; would allow the city to vacate utility
easements that terminate at the water's edge; and would allow for leases of
surplus city-owned property for an initial term of up to 65 years and a renewal
period of up to 30 years, not to exceed 95 years total;
Ordinance 8809-15 would allow for additional uses at the downtown boat slips
and main library; and would allow for construction and maintenance of a
city-owned bandshell and associated facilities in Coachman Park.
Upon being adopted, each of these ordinances would be presented as a ballot
question on the March 15, 2015 ballot for referendum vote by the citizens of
the City of Clearwater. Each ordinance would become effective only upon
being approved at referendum.
In response to questions, the City Attorney said there are changes being
made to the zoning code to add some provisions that will rezone some
portions of the properties to preservation at Moccasin Lake Nature Park. The
Master Plan can consider, or conceptualize, anything knowing there will be a
Page 19
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
referendum requirement later. The Charter Review Committee recommended
moving forward with the bandshell recommendation so the City would not
have to wait for another referendum, since there is an existing bandshell.
9. City Manager Verbal Reports
9.1 Once-a-Week Garbage Collection
The City Manager said staff has received positive feedback regarding the
upcoming implementation of the once-a-week garbage collection. Public
Communications Director Joelle Castelli said there is a robust public
education plan underway for the January 11, 2016 once-a-week garbage
collection. The best message to provide is that the garbage collection day will
occur on the day recycling collection occurs. Two mailers will be provided, first
mailer will inform and the second mailer will clarify when the once-a-week
garbage collection will occur. Information has been posted on the City's social
media sites. Residents must register to benefit from the proposed Recycling
Perks program.
Staff was directed to provide Council with a copy of the once-a-week garbage
collection FAQs.
10. City Attorney Verbal Reports — None.
11. Council Discussion Item
11.1 Commendation to the City Staff for the increased Clearwater Community Rating
System ranking - Councilmember Jonson
Councilmember Jonson said he was thrilled with staffs submission to the
FEMA Community Rating System, which resulted in a CRS rating of 6. The
anticipated flood insurance discount is 5% for city residents who have flood
insurance.
11.2Transportation Management Area Meeting Observations - Commuter Rail Discussion
November 6, 2015 - Councilmember Jonson
Page 20
City of Clearwater
Council Work Session Meeting Minutes November 16, 2015
Councilmember Jonson said Councilmember Hock-DiPolito commented on
the variety of transit options available in Japan and Tampa Bay Regional
Transit Authority (TBARTA) representative Ronnie Duncan said individuals
using public transit need to be engaged into the conversation.
Councilmember Hock-DiPolito said the Tampa Bay TBARTA has taken a
regional transit approach during the last three years to encourage all methods
of transportation.
11.3US 19 Overpass Landscaping - Discussion with Senator Latvala - Councilmember
Jonson
Councilmember Jonson said Senator Latvala expressed continued support for
landscaping programs within the Florida Department of Transportation
(FDOT) authority. Councilmember Jonson presented photographs to the
Senator of landscaping at East Bay Drive and US Highway 19 with lush
landscaping compared to Sunset Point Rd. and US Highway 19 with little
landscaping and said FDOThad landscaping funding available which covers
installation, the City would pay for upkeep. An incremental approach was
suggested starting with Sunset Point Rd. and then moving to SR 590.
Discussion ensued regarding the existing decorative panels that are
distinctive to Clearwater. Concern was expressed regarding the upkeep
costs and the potential of landscaping covering the panels.
12. 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). — None.
13. Closing Comments by Mayor — None.
14. Adjourn
The meeting adjourned at 2:49 p.m.
Page 21
City of Clearwater