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11/02/2000CITY COMMISSION MEETING CITY OF CLEARWATER November 2, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend David Landers of Heritage United Methodist Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards – None. ITEM #4 - Introductions and Awards Proclamation: Young Reader's Day - 11/8/00 ITEM #5 - Presentations Clearwater Arts Foundation - Folk Arts Festival Mike Meidel and Sheila Cole of the Clearwater Chamber of Commerce, gave a brief history of the Clearwater Arts Foundation. The Foundation is producing an annual series of Clearwater art collectibles that will be for sale through a variety of outlets. Each year a new design will be produced. Margo Walbolt, Chair of the Folk Arts Festival, distributed information regarding the Folk Arts Festival, which runs November 10 – 13, 2000. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of October 19, 2000, and the special meeting of October 19, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Sam Elliott alleged wrongdoing regarding a rehabilitation of his family' s home through a City program. The City Attorney said the matter has been investigated by numerous agencies and it was determined there was no need to proceed further. Joanie Seagel invited everyone to participate in decorating downtown for the holidays on Saturday at 9:00 a.m. at Station Square Park. She said the “light spectacular” is at 6:30 p.m. on November 24, 2000. Sue Johnston expressed concern regarding construction on Coachman and Keene Roads. She said Coachman Road would become obsolete. Ronald Motley expressed concern regarding tractor-trailers not being allowed in neighborhoods. Bill Jonson felt the telecommunication ordinance is not as restrictive as it could be. Clearwater allows heights higher than the County. Goosh Ghovaee said he appreciates this Commission and what they are doing, especially Commissioner Hooper. He hopes Commissioner Hooper will remain on the Commission as he has demonstrated quality leadership. PUBLIC HEARINGS ITEM #8 - Public Hearing - Approve City of Clearwater Neighborhood Revitalization Strategy The City of Clearwater Neighborhood Revitalization Strategy is a component of the City’s Consolidated Plan. The Neighborhood Revitalization Strategy is a program established to promote a flexible design in the City’s allocation of funds provided by the U.S. Department of Housing and Urban Development CDBG (Community Development Block Grant) Program to promote innovative programs in economically disadvantaged areas of the City. Approval of the Revitalization Strategy is the first of several steps that will lead the City to a more flexible and responsive approach to our community development issues. The strategy provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing, and public service activities. In terms of economic development relief, the strategy allows any job creation or retention efforts relief by not requiring businesses to track the income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization area are also exempt from the aggregate public benefits standards. The relief for public service activities can be viewed in terms of the regulatory requirement that no more than 15% of the total CDBG allocation can be used for public services activities. Under this strategy, all public services offered within the subject neighborhood and carried out as part of qualified projects by a Community Based Development Organization are exempt from the public service cap of fifteen percent. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. It also will allow the City to address some of the needs of the disadvantaged community by offering job training and other related economic development assistance. In the housing arena, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. This will permit the city to provide housing opportunities to not only low to moderate-income families, but to other families who earn between 80 – 120 percent of area median. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood. This strategy will be used in the North and South Greenwood communities. Commissioner Hooper moved to approve the City of Clearwater Neighborhood Revitalization Strategy. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items #9-19) – Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #9 - Approval of Purchases per Purchasing Memorandum: 1) Xerox Corporation, copy machine rental & service, 10/1/00-9/30/01, est. $60,000 (IT) 2) Postmaster, postage, 10/1/00-9/39/01, est. $323,000 (SBS / IT) 3) Cayenta Canada Inc., maintenance & support for licensed products, 10/1/00-9/30/01, est. $60,000 (SBS) 4) Hewlett-Packard Company, maintenance of K580 & D350 servers & software support, 10/1/00-9/30/01, $34,212 (IT) 5) Compaq Computer Corp., maintenance of 3 Alpha servers & 1 VAX 4000-300 DEC server, 10/1/00-9/39/01, $54,452.28 (IT) 6) Verizon, telephone & related services, 10/1/00-9/30/01, est. $540,000 (IT) 7) Ericcson Inc., software service, 12/10/00-12/9/01, $37,500 (GS) 8) PRIDE of Florida, recapped heavy truck tires, 1/1/01-12/31/01, estimated $50,000 (GS) 9) PeopleSoft USA Inc., maintenance for PeopleSoft applications, 10/1/00-9/30/01, $67,910 (IT) 10) Hustler Equipment of Florida, 2 Excell Hustler 3200 Z riding mowers with attachments & 1 Excell Hustler 2500 mid mount riding mower with attachments, replacements, $34,745 (GS) 11) Department of Management Services (Sate of Florida), local & long distance telephone service, 10/1/00-9/30/01, est. $205,000 (IT) 12) Sprint Telephone of Florida, purchase & install 3 Nortel PBX telephone systems, $156,560 (lease-purchase financing $135,220 & balance $21,350 cash) (IT) 13) Principal Decision Systems Int'l, software & supporting hardware, for managing, $43,756 (FD) 14) Oracle Corporation, database licenses & software support, 10/1/00-9/30/01, est. $50,000 (IT) 15) Home Depot, building materials & equipment, 12/1/00-11/30/01, est. $45,000 (GS) 16) Hughes Supply, building materials, 12/1/00-11/30/01, est. $45,000 (GS) 17) American Buck-el % The Mack Company, 2 screenings conveyor with compactor including installation, $74,680 (PW) ITEM #10 - Approve City's annual membership in Tampa Bay Partnership for Fiscal Year 2000-2001, $50,000 (ED) ITEM #11 - Agreement with FDEP (No. SP589), providing for assessment & remediation of various commercial, orphaned and abandoned sites within Clearwater Brownfields Area (ED) ITEM #12 - Agreement with Clearwater Beach Chamber of Commerce, tourism services, $25,000 to be funded with $17,809.09 paid by City in FY01 & $7,190.91 to be rolled over from unused funds from last year's contract (ED) ITEM #13 - Agreement with Clearwater Regional Chamber of Commerce, tourism services, FY 2000-2001, in return for funding in the amount of $170,000 (ED) ITEM #14 - Amend existing purchase order with Environmental Consulting and Technology, Inc., to complete additional contamination assessment activities to address FDEP comments re Contamination Assessment Report (CAR), increase of $77,000 for new total $299,273.85 (SBS) ITEM #15 - Contract to Trinity Industries, Inc., 1st of 2 renewal options, for Liquefied Petroleum (LP) tanks, 11/3/00-11/30/01, est. $110,000 (SBS) ITEM #16 - Clearwater Police Supplementary Pension Plan Board of Trustees - reappoint Bob Shipp (PD) ITEM #17 - Agreement with YWCA of Tampa Bay, provide advocacy services as part of Hispanic Services Outreach Program, 11/3/00-11/2/01, est. $34,650 (PD) ITEM #18 - Contract to Steve's Excavating & Paving, Inc., for Seminole Dock Baffle Boxes, $88,791.67 (PW) ITEM #19 - Approve Mayor's Travel to NLC Conference in Boston 12/5-8/00 Commissioner Johnson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #20 - First Reading Ord. #6634-00 - Relating to investment of temporary surplus moneys; amending Sec. 2.524 to provide for a change in the types of investments of City funds; approve change to investment policy (FN) The current City Code of Ordinances, Section 2.525, regarding City investments has remained unchanged since prior to 1980. The Commission adopted an Investment Policy as required by State Law on September 7, 1995. A recent change in Florida statutes requires changes to both our Code of Ordinances and to our City Investment Policy. Following is a summary of the most significant changes to the Investment Ordinance: 1) The addition of commercial paper to the list of allowable investments. Commercial paper (debt issued by corporations) is being added to replace the ever-decreasing supply of Treasury debt securities and to continue to allow investment in federal agencies, many of which are in the process of being privatized. All commercial paper will be of prime quality with the highest credit rating from a nationally recognized rating agency. The addition of debt issued by the State of Florida and political subdivisions, including pools, to the list of allowable investments. The addition of Security and Exchange Commission registered money market funds with the highest credit quality rating. The main objective or our investment policy continues to be the safety of principal, liquidity to meet our cash needs, and rate of return, in that order. Following are the most significant changes to the Investment Policy: 1) Authorized investments are changed to comply with State law (see changes to ordinance above); 2) specific limits are placed on portfolio composition, risk, and diversification; 3) requirement that all securities are held by a third-party safekeeping company; 4) enhanced internal controls; and 5) the addition of 8 hours of annual continuing education (as required by Florida Statutes) related to investments for the City's officials responsible for making investment decisions (currently the Finance Director, Assistance Finance Director, and Cash and Investments Manager). In response to a question, Cash and Investment Manager Steve Moskun said State law requires these changes. He said last year, the City earned 6-¼% and these changes should increase that yield. Commissioner Hooper moved to approve amendments to the City Code relating to the investment of temporary surplus moneys and approve changes to the City’s investment policy, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6634-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6634-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #21 - Agreement with FDOT to relocate natural gas mains during improvement project SR590 (Drew Street)/N. Saturn Avenue to NE Coachman Rd., est. $144,837.29; Res. #00-39 - authorizing same (SBS) FDOT has a project to widen/improve SR 590 (Drew Street) from N. Saturn Avenue to NE Coachman Road including roadway, sidewalk, other improvements, and utilities to include those existing CGS (Clearwater Gas system) facilities which conflict with the design. Under the JPA (Joint Project Agreement), the FDOT general contractor will perform the relocation of existing natural gas mains. Having the FDOT’s general contractor install the natural gas mains allows for work to be done in a timely manner and releases CGS from penalty payments. The available balance in appropriation code #315-96374, Pinellas Line Relocation, as of October 3, 2000, is $2,928,815.11. The JPA cost is estimated at $144,837.29. Commissioner Hart moved to approve a Joint Project Agreement with the State of Florida’s Department of Transportation to relocate natural gas mains during improvement project, FPN: 257033-1-56-02/WPI No. 71117121/SPN: 15050-3501/Pinellas County, SR 590 (Drew Street)/N. Saturn Avenue to NE Coachman Road, at an estimated cost of $144,837.29, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-39 and read it by title only. Commissioner Clark moved to adopt Resolution #00-39 and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #22 - Approve utility work by Highway Contractor Agreement with FDOT for relocation of existing water & sewer facilities impacted by FDOT project located at SR590 (Drew Street) from N. Saturn Ave. to NE Coachman Rd.; Res. #00-41 - authorizing same (PW) The FDOT (Florida Department of Transportation) has designed the roadway widening of SR 590 (Drew Street) from N. Saturn Avenue to NE Coachman Road. The proposed improvements will include widening the existing two-lane roadway to a four-lane roadway. Construction is currently scheduled to begin in July 2001, and will be complete in approximately 18 months. This roadway improvement project will necessitate the relocation or adjustment of the City's water and sanitary sewer mains and appurtenances within the project limits. The City's Engineering Department has coordinated with the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. The amounts included on this agenda item are the engineer's estimate. The exact costs will be determined by the contractor's bid and may vary from this amount. Project will be competitively bid by FDOT. The breakout of the engineer's estimate is as follows: 1) Water Line Relocation #315-96742-563800-533-000 in the amount of $354,498.35, and 2) sanitary Utility Relocation #315-96634-563800- 35-000 in the amount of $21,577.94, for a total of $376,076.29. The available balance of Water Revenue and Utility R & R Revenue in #315-96742 and Sewer Revenue in #315-96634 is sufficient to fund this agreement. Commissioner Johnson moved to approve the Utility Work by Highway Contractor Agreement with the State of Florida’s Department of Transportation for the relocation of existing water and sewer facilities impacted by the FDOT project located at SR 590 (Drew Street) from N. Saturn Avenue to NE Coachman Road, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-41 and read it by title only. Commissioner Johnson moved to adopt Resolution #00-41 and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #23 - Contract with WAGI, a division of Wagenvoord Advertising Group, Inc., to purchase part of M&B 24.01 in Sec. 15-29-15, titled as parcels 101 & 801 - FDOT Project 15220-1599, for $500,000 and conveyance of an approx. 1,055 sq. ft. portion of project parcel 100, valued at approx. $8,465, from Cordes Trust to WAGI, plus est. closing expenses of $6,300, for total est. acquisition cost of $514,765 (PW) On June 19, 1997, the Commission adopted Resolution #97-41 accepting and approving the JPA (Joint Participation Agreement) between the City and the FDOT (Florida Department of Transportation) to construct a new Memorial Causeway East Bridge (project). The JPA obligates the City to fund up to $13,000,000 for right-of-way acquisition, design, construction, and construction engineering and inspection. This agreement with WAGI, a division of Wagenvoord Advertising Group, Inc., provides for conveyance of fee simple interest to the City in right-of-way Parcel 101, containing 593 square feet to be used for roadway construction; and Parcel 801 containing 1,041 square feet that will be utilized for perpetual maintenance purposes. The agreement also calls for WAGI to receive title to the Cordes Trust property adjacent on the south, less right-of-way parcels 100 and 800 that will be required for the project. Cordes Trust will deed this remnant parcel, containing approximately 1,055 square feet, valued by appraisal at $8.02 per square foot, directly to WAGI. WAGI will construct a new 183-foot freestanding radio tower on its remainder property and the parcel conveyed by Cordes Trust. The WTAN studio facilities will be relocated to a new location to be purchased by WAGI officials. The $250,000 purchase price for land and improvements was established by appraisal performed for the City by State Certified and FDOT approved Appraiser Raymond Koepsell of American Acquisition Group, Inc. The Purchase Agreement also provides WAGI with an additional $250,000 as severance damages (loss of value to the part not taken due to fewer possible uses) and cost to cure (the estimated costs to make the part not taken as valuable and usable as if none of the property was acquired). There are no business damages, fees or other costs being paid to WAGI under this contract. Closing will occur within 60 days following Commission acceptance. WAGI officials will receive $400,000 at time of closing, the $100,000 balance when the City receives possession of the property within 90 days following closing. The available balance in the Memorial Causeway Bridge project is sufficient to provide funding for this purchase (315-92820). This purchase is the second of four parcels required for additional bridge right-of-way. Negotiations continue for a 3,489 square foot parcel required from the Oak Bluff Condominium and a 104-square foot parcel to be acquired from the Oak Cove Condominium. In response to a question, Engineering Director Mike Quillen said the height of the new tower will be raised approximately 20 feet and will be within Code. It was remarked that anything lower would affect WTAN’s transmission capabilities. Commissioner Clark moved to approve a contract with WAGI, a division of Wagenvoord Advertising Group, Inc., to purchase a portion of metes and bounds parcel 24/01 in Section 15, Township 29 South, Range 15 East, specifically titled as parcels 101 and 801. State Department of Transportation Project 15220-1599 (Project” for $500,000, and conveyance of an approximately 1,055 square foot portion of project parcel 100 valued at approximately $8,465 from Cordes Trust to WAGI, plus estimated closing expenses of $6,300 for a total estimated acquisition cost of $514,765, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #24 - Agreement with Clearwater Country Club, Inc., regarding operation of property known as Clearwater Country Club Golf Course (PR) Clearwater Country Club has operated the site since June 1, 1937. The current lease expires on April 30, 2032. The Clearwater Country Club desires to construct a new $2.2 million clubhouse on the parcel currently owned by the club to enhance and expand the golfing opportunities currently offered to the members and residents of the City. In order to secure the necessary private financing to construct the new facilities, the club and the lending agency have requested an addendum to the current lease which would allow for the assignability of the lease to another operator in the event the club defaulted on the mortgage. Per the lease revision, the following would need to occur in order for the assignment to take place: 1) The City would have the right to purchase the clubhouse and property from the bank for the outstanding balance of the loan. This would be at the City's option; 2) in the event the City chose not to purchase the clubhouse and property, the City would have 120 days to complete an RFP process to secure a new operator for the course and clubhouse and the lending agency will not unreasonably withhold its permission on the assignment of the clubhouse and property; and 3) in the event the City was not able to secure a new operator, the lending agency would have the authority to assign the balance of the golf course lease to a new operator without the City's permission. Without the addendum to the agreement, the Club will not be able to secure the necessary financial resources to construct a new clubhouse and will continue to operate out of the current facility. Commissioner Clark announced, due to a business relationship with the Club, he has a conflict of interest regarding this item. Commissioner Johnson moved to approve the agreement between Clearwater Country Club, Inc., and the City of Clearwater for the operation of the property currently known as Clearwater Country Club golf Course, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson, Hooper, Hart, and Mayor Aungst voted “aye”; Commissioner Clark abstained. Motion carried. ITEM #25 - Agreement with Tampa Bay Water, reimbursement of funding for preliminary engineering for advanced water treatment facilities in cooperation with City, in the amount of $270,000; approve McKim & Creed Work Order for engineering services providing concurrent studies and technical oversight of advanced water treatment project, $369,000 (PW) Tampa Bay Water (TBW) has expressed an interest in developing a water treatment facility in cooperation with Clearwater. TBW and the City are engaged in negotiations to enable TBW to construct advanced water treatment facilities on City property and improvements to the City well field to achieve an increase in water production in one year. TBW is requesting City cooperation to achieve a two million gallons per day (MGD) increase over the current City water production of three-MGD by September 2001 to offset regional demand. The City previously was considering upgrades to water production facilities to meet forthcoming Safe Drinking Water Act regulations by December 2003. TBW has offered to accelerate City plans by funding early delivery of the project. The McKim & Creed work involves technical oversight of TBW’s technical efforts, coordination of public information plans, conducting corrosion studies and providing engineering services to change the City’s disinfection system. The change in disinfection is required due to the County’s plans to change their disinfection process anticipated by November 2001. Of the total cost of $369,000, $161,000 is applicable to the TBW effort. TBW has contracted with Camp Dresser and McKee, Inc., (CDM) to conduct preliminary engineering over the next two months addressing project scope and cost issues. At the conclusion of this period, a basis of design report shall be provided to determine project feasibility. At that time, the City will have the opportunity to assess the project and decide whether or not to move forward with it. The total cost for the CDM effort is $700,836. The City’s reimbursable portion is $270,000 based on sharing the cost with TBW for both the CDM and McKim & Creed work ($700,836/2 - $161,000/2 = $269,918 (rounded to $270,000). The City will provide reimbursement of $270,000 to TBW only in the event that TBW and the City do not enter into an agreement to construct a water treatment plant. The City will be updating the Water and Sewer Rate Study concurrently with this project and will bring forward that analysis with rate recommendations. The last rate study assumed the City would purchase all water from Pinellas County (at the then $1.79/1,000 gallons), that it would issue bonds for capital projects (did not include this project), and resulted in annual 6.6% increases in each of the following five years. The first 6.6% increase was approved and effective July 1, 2000. It is anticipated the Commission will need to approve a series of rate adjustments in order to issue bonds for this project (if pursued) as well as other planned projects. Sufficient funding for the City’s $639,000 share of the effort is available in the Water Supply and Treatment CIP #315-96750. Jerry Maxwell, General Manager of TBW, reviewed the history of TBW’s proposal for water supply development in Clearwater. He said TBW’s staff and consulting analysis has shown that project costs inclusive of capital, operations, and maintenance would be ten to twenty-five cents/1,000 gallons less than the wholesale rate from the County for this project. He said TBW has considered every opportunity to increase water production while maintaining strict environmental controls. The water shortage issue is serious and time is of the essence for this project to move forward. He said TBW feels this proposal is the most feasible of all others considered by TBW. Dr. Don Polmann, Director of Science and Engineering for TBW, said there is an urgent need to address regional water system demands. He said TBW hopes to commence the project in January 2001. The project will be implemented in three steps. He said the estimated costs based on available data today are $8.2 million for capital costs and $1.2 million per year for operations and maintenance. These costs include construction of a membrane treatment plant for Reservoir #1. TBW is requesting the City approve the initial cost sharing agreement and project concept in order to proceed with the design aspects and cost estimating for the proposed project. A license and purchase agreement will be prepared and specific cost estimates provided upon completion of the engineering study. He reviewed the proposed site for the water treatment plant and said the plant would cause no noticeable noise or odor. Andy Neff, Public Works Supervisor, reviewed the proposal and associated costs. He said $161,000 is for technical oversight of the project and $208,000 is for the disinfection change required by the Clean Water Act by November 2001. He reviewed the history of water quality issues in Clearwater. He said the reason staff now feels the City should proceed with the proposal is because membrane technology has advanced tremendously over the past year. The City can take advantage of this opportunity to make water production more economically feasible to its residents. Staff feels this project can maintain water quality over time as required by SWFWMD (Southwest Florida Water Management District). The cost estimates are preliminary and cannot be further defined until the engineering study is performed. He referred to a chart illustrating future water rates from the County. He said even if the City bought all of its water from the County, it would still be required to maintain its wellfields. Estimates indicate that staying in the water business could save an additional $2 million per year over the next 10 years. One resident said the proposal sounds fantastic but felt the City should thoroughly consider all options before making a decision. In response to a question, Assistant City Manager Garry Brumback said TBW is fronting the money to conduct the study and the City will reimburse them only if it elects not to proceed with the agreement. In response to a question, Public Works Administrator Mashid Arasteh said the $161,000 is for the technical work and the $208,000 would have to be spent anyway for disinfection changes in order to comply with the Clean Water Act. In response to a question, Mr. Maxwell said Pinellas County is pumping most of its water from other areas. He said the County would experience a revenue loss under this proposal, but feels it necessary for the region. He said TBW feels the numbers presented tonight regarding the costs versus savings to Clearwater are conservative estimates. He said as TBW performed an independent analysis, he does not feel costs will escalate. In response to a question, Dr. Polmann said there has been a rapid advance in reverse osmosis technology. Prices for membrane components and costs to operate and replace them have diminished tremendously in the past few years. He said this proposal is based on use of fresh water rather than brackish water. The proposed site is approximately one acre at the corner of the Sid Lickton Park and a 4,000 – 5,000 square foot single story building that will meet City code would occupy 40% of that area. In response to a question, Mr. Horne said staff would engage the public regarding the design and long term ramifications of the proposal. In response to a question, Ms. Akin said the City could not give or sell TBW well fields without a referendum. Mr. Neff said personnel costs for the new plant are included in the O&M estimates. He said the 2-MGD (million-gallons/day) increase would be obtained from one site with advanced treatment methods; the other 2 wells will make up the bulk of the increase. It was remarked that Clearwater’s costs for this proposal are excessive considering the proposal will benefit the entire region. Mr. Maxwell said it benefits the City to produce as much water as reasonably possible. Mr. Brumback said total project costs are $700,000 and the City would only pay $270,000 to TBW and would retain the study results. The Mayor said without citing a specific amount, Senator Latvala has indicated that regardless of the City’s decision, funding will be available to supplement costs. In response to a question, Kevin Becotte said a year ago McKim & Creed was awarded a work order to look at water production possibilities at another location. At the same time, TBW was looking at their 5-MGD plan and spoke to the former City Manager regarding another location. Staff was trying to consider the best project when TBW approached the City. Mr. Maxwell said in July 2000 the proposed site was suggested. He said the original project goes back to the late 1980s but most of the effort was concentrated on brackish reverse osmosis. The cost estimates were high back then. As technology evolved, studies showed that the fresh water in northwest Clearwater is sustainable in greater quantity than previously considered. He said future increases in water production depend upon being able to optimize the groundwater source and maintain it as a freshwater system. In response to a question, Mr. Neff said the City’s water production has decreased over time to 3 MGD. Because of the decrease, the renewal request to SWFWMD went from 8 to 6.25 MGD after the City provided SWFWMD with data indicating its desire to increase water production. He said staff has not calculated the payback time for capital costs. It is expected that the City and County water will taste the same, but would not be evident until after the study is completed. In response to a question, Ms. Arasteh said the wastewater coming from the new system would provide additional reclaimed water for the City. It was requested staff provide information regarding water costs in 1988. Discussion ensued regarding the maximum MGD that Clearwater could sustain. Mr. Maxwell said 10 MGD was not feasible. Dr. Polmann said the proposed 2-MGD may be able to be expanded to 4 MGD if it is possible to optimize the ground water source. In response to a question, Mr. Becotte said Reservoir #2 is located at US 19 and Drew off the access field and Reservoir #3 is at SR 580 east of the intersection of Countryside Boulevard, adjacent to the fire station and the library. He said plans are to go beyond the 5 MGD at those two locations. In response to a question, Mr. Becotte said the $8.2 million to build the new plant is $14 million when bonded. Dollars will come from the cost avoidance of not paying Pinellas County for water. That figure is based on $1.79/1,000 gallons. Concern was expressed that different figures regarding water costs from the County have been provided. In response to a concern, Dr. Polmann said his staff had requested the TBW Board to declare an emergency in order to expedite this proposal. Clearwater is being asked to co-fund the $700,000 study, not the entire project. In 60 days, if the City decides not to move forward with the project, its out of pocket expenses would be $270,000 for a $700,000 project, and the City would receive a complete set of documents with which to proceed with the project on its own. He said the City would have paid 40% for it and the region would have paid 60%. He said he could not guarantee that the project would move forward without approval from the Commission tonight, as TBW ‘s declaration of emergency was contingent upon Clearwater’s approval of this proposal. TBW’s next meeting is scheduled for November 13, 2000, concurrent with the next City Commission Work Session. In response to a question, Mr. Maxwell said if the Commission moves to continue discussion regarding this item, he could report the specific date and time to the TBW Board, but did not know what their response would be. In response to a concern, Mr. Horne said a sense of urgency regarding water production issues was expressed in August. Staff has conscientiously worked to provide as much information as possible, but cannot proceed further without the preliminary design and engineering study requested by TBW. Mr. Maxwell said he did not feel staff’s recommendation to remain in the water production business is a reversal of its previous recommendation. Staff’s previous recommendation appeared to be a “worst case” scenario. Commissioner Hart moved to continue Item # 25 to the meeting of November 16, 2000. The motion was duly seconded and upon the vote being taken, Members Johnson, Clark, and Hart voted “aye”; Commissioner Hooper and Mayor Aungst voted “nay”. Motion carried. ITEM #26 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #27 - Other City Attorney Items The City Attorney requested the Commission authorize a lawsuit against Nelson Construction Company for cut gas lines. Commissioner Clark moved to authorize a lawsuit against Nelson Construction Company. The motion was duly seconded and carried unanimously. The City Attorney requested direction regarding St. Petersburg Junior College’s request that the recent settlement be changed to provide that the college not be charged a stormwater fee in the future. Commissioner Johnson moved to deny St. Petersburg Junior College’s request that the recent settlement be changed to provide that the college not be charged a stormwater fee in the future. The motion was duly seconded and carried unanimously. ITEM #28 - City Manager Verbal Reports - None. ITEM #29 - Commission Discussion Items Commissioner Hooper left the meeting at this time. a) Procedure for appointing Commissioner vacancy Commissioner Hooper’s resignation takes effect on November 7, 2000. As a result, there will be a vacancy in the City Commission, which pursuant to Section 2.07C of the City Charter should be filled as follows: 1) Vacancy on the Commission should be filled by the majority vote of the remaining Commission members within 30 days after the vacancy. The person so appointed shall serve as a Commissioner until the next regular or special election. At such election, a Commissioner shall be elected to serve for the remainder of the unexpired term of office; 2) If the Commission fails to fill such vacancy within 60 days after it occurs, a special election shall be called to fill the unexpired term; and 3) any person appointed to fill such a vacancy shall possess all the qualifications required of a Commissioner member by law. The Commission has been given the process outlining the procedure that was followed to fill the vacancy created by the resignation of former Commissioner Dallmann. In 1999, a vacancy was created by the appointment of Commissioner Karen Seel to the County Commission. Because her last day in office as City Commissioner was January 21, 1999, and an election was scheduled for March of 1999, which was within 60 days, the Commission did not appoint a replacement. Discussion ensued regarding the process to appoint a replacement for Commissioner Hooper. It was requested that a firm process be agreed upon and made part of the Commission’s Policies and Procedures in order to be consistent in the future. Consensus was to request individuals interested in being appointed to submit names. Discussion will take place at the November 13, 2000, Work Session and the appointment is to be considered at the November 16, 2000, Commission meeting. ITEM #30 - Other Commission Action Commissioner Hart requested discussion regarding Charter changes to provide for the Commission to approve City Manager administrative policies and procedures and putting the Internal Auditor under the Commission. These items will be discussed at the November 13, 2000, Work Session. He requested discussion regarding parking garages. This item will be on the December agenda. He requested total costs for the Memorial Causeway bridge project. Commissioner Johnson was happy to hear about the $10 million for the Memorial Causeway bridge. Mayor Aungst thanked all the sponsors and volunteers for the Jazz holiday. He enjoyed attending the Clubhouse Estates block party. He said Beach by Design meetings begin next week. The Folk Arts Festival is November 10 –12, 2000. ITEM #31 - Adjournment The meeting adjourned at 9:31 p.m.