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09/18/2017 City Council Meeting Minutes September 18, 2017 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 9 ' e Meeting Minutes Monday, September 18, 2017 6:00 PM Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes September 18, 2017 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Bill Jonson Also Present: William B. Horne II — City Manager, Jill Silverboard — Deputy City Manager, Micah Maxwell —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 6:00 p.m. at City Hall. 2. Invocation — Mayor Cretekos 3. Pledge of Allegiance — Councilmember Cundiff 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 Staff Appreciation for Hurricane Irma Efforts The City Council thanked staff for their efforts during and after Hurricane Irma. 4.2 Duke Energy Update - Jeff Baker, Government and Community Relations Manager Duke Energy Government and Community Relations Manager Jeff Baker said almost all power lost during Hurricane Irma has been restored. Duke Energy was prepared for the event and had all the resources and people, over 8,000 workers, in place. The workers and their trucks remained out of the path of the storm and were staged in northern Florida and Southern Georgia. There are workers from as far as Colorado and Canada here to help. Pinellas and Pasco counties were the first counties addressed post storm. He said the easy fixes were done first but technology challenges were more difficult than anticipated. He apologized to the customers and community for not meeting expectations set forth by the company and said Page 2 City of Clearwater City Council Meeting Minutes September 18, 2017 call centers might not have had up to date information to pass along to customers, they are working diligently to make sure all employees have current information. He reported over 3 thousand polls were destroyed, over 1 thousand miles of wire had to be replaced, 1100 transformers had to be replaced, and 108 transmission lines were down, which is the main artery of the electrical system. In response to questions, Mr. Baker said Pinellas County alone had 77 nursing home facilities without power and Mease Dunedin Hospital was without power until Tuesday night. He said it is helpful to the power company if residents plant slow growing trees around power lines. Duke Energy has a robust vegetative program and each line is physically looked at once every three years. 4.3 Homelessness Needs Assessment and Recommendations - Dr. Robert G. Marbut Jr., Ph.D., Marbut Consulting Dr. Marbut provided a PowerPoint presentation. In response to a question, Dr. Marbut said it is a best practice to measure the street level numbers, or the unsheltered individuals who are not participating in an overnight program and are living on the streets. The count must be standardized and conducted at the same time of the month, day and time. The TBIN system must be followed in order to receive federal funds. The Council recessed from 6:41 p.m. to 6:45 p.m. to meet as the Pension Trustees. 5. Approval of Minutes 5.1 Approve the minutes of the September 7, 2017 City Council Meeting as submitted in written summation by the City Clerk. It was requested that Item 4.2, Heart Gallery of Pinellas and Pasco, on page 2 be stricken since Ms. Nance did not present to Council. There was consensus to amend the minutes. Councilmember Jonson moved to approve the minutes of the September 7, 2017 City Council Meeting as amended. The motion was duly seconded and carried unanimously. Page 3 City of Clearwater City Council Meeting Minutes September 18, 2017 6. Citizens to be heard re items not on the agenda Lisa Lanza expressed concern that the council meeting was noticed on Facebook as a special meeting regarding the budget and many were not aware of Agenda Item 9.1. It was stated that tonight's meeting was not noticed as a special meeting,- the eeting,the regularly scheduled council meeting was moved to Monday, September 18 in observance of Rosh Hashanah. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 9075-17 on second reading, declaring the millage rate to be levied for the fiscal year beginning October 1, 2017 and ending September 30, 2018 to be 5.1550 Mills. One individual spoke in opposition. Ordinance 9075-17 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 9075-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 7.2 Adopt Ordinance 9076-17 on second reading, adopting an Operating Budget for the fiscal year beginning October 1, 2017 and ending September 30, 2018. One individual suggested that the new hotels on the beach be charged a water surcharge. One individual expressed concern that many do not understand the budget process and opposed the City's utility fees. In response to questions, Finance Director Jay Ravins said the balance of the net funds in excess of the minimum reserves in solid waste and recycling was larger than expected because the transfer station project has not been deducted. Solid Waste and General Services Director Earl Page 4 City of Clearwater City Council Meeting Minutes September 18, 2017 Gloster said the transfer station project will cost approximately$20 million. Deputy City Manager Jill Silverboard said the utility tax and franchise fee are two different revenues. If there was no utility tax, property taxes would be higher. The City does not receive any of the bed tax dollars, which goes directly to Visit St. Pete Clearwater for its marketing programs. In response to a question, Ms. Silverboard said hotels pay their share for water usage, the more water a property owner uses, the more they pay. Ordinance 9076-17 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 9076-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 7.3 Adopt Ordinance 9077-17 on second reading, adopting the Capital Improvement Program Budget for the fiscal year beginning October 1, 2017 and ending September 30, 2018. One individual questioned the projects included in the capital improvement program. Ordinance 9077-17 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9077-17 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 8. City Manager Reports 8.1 Amend the City's fiscal year 2016/17 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 9078-17 and 9079-17 on first reading. The fiscal year 2016/17 Operating and Capital Improvement Budgets were adopted in September 2016 by Ordinances 8946-16 and 8947-16. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Staff has provided a memorandum and a report Page 5 City of Clearwater City Council Meeting Minutes September 18, 2017 outlining the issues at third quarter that require amendment. In response to questions, Budget Manager Kayleen Kastel said the Increase to the general fund reflects the contribution to the capital fund for the Morningside Recreation Center project. Parks and Recreation Director Kevin Dunbar said the additional funding for Morningside Recreation was due to increased construction costs and the CNG air conditioning system, which will be paid back in 9-10 years. The project was originally designed to have a traditional AC system. Deputy City Manager Jill Silverboard said the project was originally a Penny for Pinellas 2 project, the original cost estimates are approximately 20 years old. Ms. Kastel said the revenue in the garage fund is lower because the departments are not being charged back as much for fuel consumption. A major portion of the garage fund is being amended because of the large variance. The cost for extra duty police officers is paid for out of the special program fund, the amendment is made every quarter to true up revenues received. Public Utilities Director David Porter said the excess funds in the odor control system project is being reestablished for sanitary sewer project. Councilmember Caudell departed Chambers at 7:19 p.m. and returned at 7:22 p.m. Staff was directed to provide information regarding the traffic safety infrastructure project. One individual suggested the City concentrate more on public safety projects and less on entertainment programming. Councilmember Jonson moved to amend the City's fiscal year 2016/17 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 9078-17 was presented and read by title only. Councilmember Caudell moved to pass Ordinance 9078-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson Page 6 City of Clearwater City Council Meeting Minutes September 18, 2017 Ordinance 9079-17 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9079-17 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 8.2 Approve a contract with the Pinellas County Sheriff's Office, Largo, Florida in the amount of$503,179.00 plus contingency of$26,821.00, 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, 2017 through September 30, 2018, and authorize the appropriate officials to execute same. The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements have covered latent fingerprint examination, crime scene processing services, property/evidence storage and a share of security costs at the Pinellas Juvenile Assessment Center (PJAC). The total cost for the proposed agreement for Fiscal Year 2017/2018 is $503,179.00. The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - 1,200 cases @ $82.79 each, totaling $99,348.00; Forensic Science Services (Crime Scene Processing) - 1,100 calls for service @ $225.21 each, totaling $247,731; Evidence, Property Service and Storage - 10,000 items @ $11.62 each, totaling $116,200; Pinellas Juvenile Assessment Center(PJAC) - 475 bookings @ $84.00 each, totaling $39,900. The contingency amount of$26,821.00 will cover any calls for service which exceed those outlined in the proposed contract and invoices for excess services will be issued 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 and contingency funds are available in the Police Department's fiscal year 2017/2018 operating budget, 010-01155-530300-521-000. APPROPRIATION CODE AND AMOUNT: 0010-01155-530300-521-000-0000 - $503,179.00 with contingency of Page 7 City of Clearwater City Council Meeting Minutes September 18, 2017 $26,821.00 Vice Mayor Hamilton moved to approve a contract with the Pinellas County Sheriff's Office, Largo, Florida in the amount of $503,179.00 plus contingency of $26,821.00, 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, 2017 through September 30, 2018, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.3 Approve the renewal of a Software Support Agreement for the TriTech Computer Aided Dispatch System, in the amount of$180,930.56, for a 12-month period beginning October 1, 2017 and ending September 30, 2018, and authorize the appropriate officials to execute same. The TriTech system has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a twelve-month TriTech Software Support Agreement, which will expire on September 30, 2017. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. Funding for renewal of the 12-month Software Support Agreement, in the amount of$180,930.56, is budgeted in FY 2016/2017 Police Department operating budget 0010-1162-530300-521-000-0000. APPROPRIATION CODE AND AMOUNT: 0010-01162-530300-521-000-0000 - $180,930.56 Councilmember Caudell moved to approve the renewal of a Software Support Agreement for the TriTech Computer Aided Dispatch System, in the amount of $180,930.56, for a 12-month period beginning October 1, 2017 and ending September 30, 2018, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Page 8 City of Clearwater City Council Meeting Minutes September 18, 2017 8.4 Approve the First Addendum between Religious Community Services (RCS), Inc. and the City of Clearwater, Florida, a municipal corporation, modifying the monthly billing maximum to $2,500.00, with the City's maximum liability not to exceed $15,000.00, and authorize the appropriate officials to execute same. Religious Community Services (RCS), Inc. (Contractor) is a registered 501(c) (3) organization with four distinct yet interwoven programs, including The Haven of RCS. The Haven of RCS is a state-certified provider of domestic violence victim advocacy services that has on staff a number of Spanish-speaking victim advocates specialized in domestic violence issues. Because the City of Clearwater has a need for victim advocacy services for victims of domestic violence, particularly for Hispanic, Spanish-speaking victims, the City and the Contractor entered into an agreement on November 14, 2016, commencing on January 1, 2017 and terminating on December 31, 2017, to implement and administer a victim advocacy program for domestic violence victims with an emphasis on Hispanic, Spanish-speaking victims in partnership with the City. In paragraph 4 of the agreement, the Contractor was required to submit to the City monthly billings not exceeding $1250.00 per month with the City's maximum liability under the agreement not exceeding $15,000.00. However, up to and including the month of May 2017, the Contractor submitted monthly billings totaling only $825.00 because of staffing issues. Now that the Contractor has resolved its staffing issues, the monthly limit for the month of June 2017, and the remaining months under the agreement needs to be increased beyond the monthly limit of$1,250.00 so that domestic violence victims can benefit from the services provided by the Contractor so long as the monthly billings do not exceed $2500.00 per month and so long as the City's maximum liability under the agreement remains at$15,000.00. All other terms and Exhibits of the agreement shall continue in full force and effect. Councilmember Cundiff moved to approve the First Addendum between Religious Community Services (RCS), Inc. and the City of Clearwater, Florida, a municipal corporation, modifying the monthly billing maximum to $2,500.00, with the City's maximum liability not to exceed $15,000.00, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Page 9 City of Clearwater City Council Meeting Minutes September 18, 2017 8.5 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of$225,000 annually for the purchase of replacement hydraulic parts, repairs and service for vehicles and equipment used by city departments, in accordance with Sec. 2.564(1)(d), Other Government Entities Bids, and authorize the appropriate officials to execute same. This blanket purchase order is a piggyback off of Pinellas County Contract 167-0444-Q(RF); contract term through August 2022 and covers the purchase of replacement hydraulic parts, repairs and services for use on city vehicles and equipment. The services include hydraulic hoses, fittings, pumps, and motors for various heavy equipment vehicles, which include but not limited to; refuse vehicles, dump trucks, beach rakes and streetsweepers. APPROPRIATION CODE AND AMOUNT: 566-06611-550600-519-000 $225,000 This is budgeted in the operating expenses for Fiscal Year 16/17 and Fiscal Year 17/18 Vice Mayor Hamilton moved to approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in the amount of $225,000 annually for the purchase of replacement hydraulic parts, repairs and service for vehicles and equipment used by city departments, in accordance with Sec. 2.564(1)(d), Other Government Entities Bids, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.6 Approve an Interlocal Agreement between Pinellas County Emergency Medical Services Authority and City of Clearwater to provide water rescue services to the citizens of Pinellas County, and authorize the appropriate officials to execute same. The City of Clearwater has purchased one 36 ft. Metalcraft Marine, Inc. Model 32 Rescue Boat. Clearwater Fire & Rescue will use this boat to respond to water rescue emergencies and assist citizens in waters in/around Pinellas County as well as provide closest unit coverage in accordance with the automatic aid agreement. Pinellas County Emergency Medical Services Authority has agreed to provide $250,000 to the City of Clearwater upon execution of the agreement towards the purchase of the fire boat, Marine 44. Marine 44 has been ordered and is Page 10 City of Clearwater City Council Meeting Minutes September 18, 2017 currently under construction. Clearwater Fire & Rescue expects delivery of the replacement fire boat in October 2017. Councilmember Caudell moved to approve an Interlocal Agreement between Pinellas County Emergency Medical Services Authority and City of Clearwater to provide water rescue services to the citizens of Pinellas County, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9. City Attorney Reports 9.1 Request the Pinellas County Legislative Delegation to initiate legislation by Special Act, amending chapter 11050, Laws of Florida (1925) (as amended by 2007-312, and 2010-250, Laws of Florida) to allow certain uses and development of specified city-owned lands in accordance with the Downtown Waterfront Master Plan, titled Imagine Clearwater, removing certain restrictions on the use of said lands and adopt Resolution 17-27. The right-of-way for the causeway spanning downtown Clearwater and Clearwater Beach, known as Memorial Causeway, and certain adjacent submerged lands were granted to the City of Clearwater under Chapter 11050, Laws of Florida (1925), as amended, to be owned and maintained as provided for in the act. A portion of the submerged lands granted to the city under chapter 11050, Laws of Florida, 1925, now consist of a limited amount of filled uplands, including a portion of the Downtown Waterfront District adjacent to the east of the city's 126-slip downtown boat slip project. The upland, along with the limited adjacent submerged lands upon which the downtown boat slips exist, are bound by certain restrictions as set forth in the 1925 Act (the "Restricted Lands"). More specifically, chapter 11050, Laws of Florida, 1925 (as amended) contains a restriction on the north 500 feet of said lands against carnivals and shows of any character. The Downtown Waterfront District property (the "Waterfront" or "Bluff") is outdated and needs to be redeveloped to promote economic activity. The Clearwater City Council contracted with HR &A Advisors, Inc. to develop a master plan to implement the redevelopment of the Waterfront, which was Page 11 City of Clearwater City Council Meeting Minutes September 18, 2017 subsequently issued by HR &A as "Imagine Clearwater'. Imagine Clearwater received significant public support, and the Council directed its implementation by adopting Resolution 17-13 on March 16, 2017. Imagine Clearwater proposes the development and use of certain portions of the Restricted Lands, requiring as a prerequisite, the elimination of the antiquated restriction against shows and carnivals which binds the Restricted Lands. By adopting Resolution 17-27, the Clearwater City Council supports and requests that the Pinellas County Legislative Delegation initiate a Special Act to be considered by the Florida Legislature in 2018 which will allow for the implementation of Imagine Clearwater and the development of the Waterfront for the enjoyment of all. Portions of the lands granted to the City of Clearwater under chapter 11050, Laws of Florida, 1925, other than the Restricted Lands shall continue to be used as provided for in chapter 11050, Laws of Florida (1925), and 2007-312, and 2010-250, Laws of Florida. Further, this proposed legislation does not modify or supersede any provision of the Charter of the City of Clearwater concerning the requirement of a referendum for the use of waterfront property that is owned by the City of Clearwater, including certain restrictions on recreation and open-space land relating to the sale, donation, lease for new use, or other transfer; the restriction that a right-of-way or easement that terminates at, or provides access to the water's edge of fresh or salt water may not be vacated for private benefit; and restrictions that certain public property in the subject area be maintained as open space and for public utilities or city facilities only. In response to questions, the City Attorney said the area affected by the special act restriction exists 500 ft. to the north of the center line. There is no legislative history as to why the no carnival or shows restriction was included in the special act. The restriction did not extend south of Cleveland Street. Imagine Clearwater proposes to locate the performance venue in the current parking lot. The City Attorney said Council adopted Imagine Clearwater, which was proposed by HR&A via public input. One individual suggested that many individuals were not aware that Imagine Clearwater requires to amend the special act and that the plan originally included a bandshell on a rail to accommodate the sunsets. Page 12 City of Clearwater City Council Meeting Minutes September 18, 2017 In response to questions, the City Attorney, if the bandshell was on a track and was moved to the area affected by the special act for any period of time, the City would need to amend the special act to remove the restriction against shows, performances and carnivals. The City Attorney said she spoke with the consultants prior to the report and they were aware of the need to modify the special act. Discussion ensued with comments made that there was a general consensus at the citizen meetings to move the bandshell out of Coachman Park to keep the park area more passive, Imagine Clearwater is key to revitalizing Downtown, the beaches, St. Pete, Tampa and city signature events, and that the Clearwater Regional Chamber of Commerce (Chamber) champions projects that benefit the community. It was stated that if the special act is not amended, the City will not be able to hold any performances in the area proposed in Imagine Clearwater. The City Manager said the discussions the consultants had with Chamber representatives and other interested parties did not focus on the location of the activities, but rather the programming activity. The discussions did not take away anything yielded from the public meetings. Councilmember Cundiff moved to request the Pinellas County Legislative Delegation to initiate legislation by Special Act, amending chapter 11050, Laws of Florida (1925) (as amended by 2007-312, and 2010-250, Laws of Florida) to allow certain uses and development of specified city-owned lands in accordance with the Downtown Waterfront Master Plan, titled Imagine Clearwater, removing certain restrictions on the use of said lands. The motion was duly seconded and carried unanimously. Resolution 17-27 was presented and read by title only. Councilmember Caudell moved to adopt Resolution 17-27. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.2 Extend the Declaration of a State of Emergency and emergency procurement procedures and adopt Resolution 17-33. A state of emergency in the City of Clearwater was proclaimed by Mayor Cretekos on September 7, 2017 based on conditions surrounding Hurricane Irma. Page 13 City of Clearwater City Council Meeting Minutes September 18, 2017 The entire city experienced significant hurricane conditions that caused wide-spread debris and storm damage. On September 14, 2017, Mayor Cretekos proclaimed that continuing issues with structural repairs for city facilities and power resulting from Hurricane Irma necessitates the continuation of emergency procurement procedures. In response to a question, the City Attorney said the resolution is good for only seven days and will expire on Thursday, at Noon. Councilmember Cundiff moved to extend the Declaration of a State of Emergency and emergency procurement procedures. The motion was duly seconded and carried unanimously. Resolution 17-33 was presented and read by title only. Vice Mayor Hamilton moved to adopt Resolution 17-33. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson The City Manager read the City's Facebook page post that noticed the September 18, 2017 Council Meeting at 6:00 p.m. at City Hall. Fire Asst. Chief Jevon Graham provided a PowerPoint presentation regarding the Hurricane Irma preliminary damage assessment. 10. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Caudell said the storm was a good practice run for storm preparation and encouraged all to be careful and safe. Councilmember Cundiff thanked staff, emergency personnel, and all the volunteers throughout the City. He thanked the Church of Scientology for their help in placing plywood on windows and delivering ice to poorer neighborhoods. He said yesterday was Constitution Day. Councilmember Jonson said he read an article regarding the Page 14 City of Clearwater City Council Meeting Minutes September 18, 2017 undergrounding of utility lines and how it makes sense to do so since we are all so dependent on electricity. The City of Winter Park has a plan to phase in the undergrounding of utility lines and Washington D.C. is implementing a system to underground the major power line feeds into the city. He said the loss of power has a significant impact to the economy as businesses are closed and some people didn't have jobs during the power outages. The area could have been hit much worse and if we are prepared for this type of storm, we will be more resilient should we get hit worse in the future. He thanked the City Manager and City Attorney for their work during this crisis. 11. Closing Comments by Mayor 12. Adjourn Mayor Cretekos reviewed recent and upcoming events and said encouraged individuals using generators to obtain a free carbon monoxide detector at Fire Station 45 or 48. The meeting adjourned at 8:37 p.m. City of Clearwater Mayor City of Clearwater Page 15