12/21/2017 City Council Meeting Minutes December 21, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, December 21, 2017
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes December 21, 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 pm at City Hall.
2. Invocation — Mayor Cretekos
3. Pledge of Allegiance — Vice Mayor Hamilton
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 Phil Doganiero 3 Bridge Race - Brian Aungst, Clearwater for Youth Chairman
4.2 Clearwater Police Department Strategic Plan 2017-2022 - Police Chief Daniel Slaughter
Chief Slaughter provided a PowerPoint presentation.
The Council recessed from 6:27 p.m. to 6:31 p.m. to meet as the Community
Redevelopment Agency.
5. Approval of Minutes
5.1 Approve the minutes of the December 7, 2017 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
December 7, 2017 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
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carried unanimously.
6. Citizens to be heard re items not on the agenda
Mr. James suggested items such as the Juvenile Welfare Board and
Pinellas County School Board not be included in the annual property tax
bill.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Declare surplus for the purpose of sale, through Invitation to Bid 09-18, real property
located in Hillsborough County formerly used by the City of Clearwater for dumping
treated sludge and dredged materials whereby the successful bid meets the terms set by
Council.
This property is roughly 425 acres and is located in Keystone, Florida, which is
an unincorporated area of Hillsborough County. It is comprised of three abutting
parcels whose Hillsborough County folio numbers are 001688-0000,
001689-0000, and 001697-0000.
This land was acquired by the City of Clearwater in 1982 for the purpose of
disposing treated sludge from the City's wastewater treatment plant. This site
was used again from 2009 to 2014 for discarding dredged materials as a part of
Stevenson Creek Restoration Project. The property is no longer needed for City
operations.
The property has been managed by Robert and Patricia Smith since the
property was acquired in 1982 under a series of management agreements with
the City. The current management agreement between the City and Mr. & Mrs.
Smith was entered into on March 23, 2016 and is set to expire on March 28,
2021. No money is exchanged in this agreement; Mr. and Mrs. Smith manage
the property in exchange for being allowed to raise cattle on the property. Either
party has the right to terminate this agreement, at anytime, upon providing
ninety days notice.
Two independent appraisals were performed on the property on August 18,
2017 by Trigg, Catlett& Associates and on September 19, 2017 by Urban
Economics, Inc. The appraised values were $6,450,000 and $2,727,400
respectively. The discrepancy in values is the result of the two appraisers using
different potential layouts for the site and sales comparisons during their
valuation.
Per City Charter 2.01, real property declared surplus shall be sold to the party
submitting the highest competitive bid above the appraised value whose bid
meets the terms set by the Council and whose proposed use of the property is
in accordance with the Council's stated purpose for declaring the property
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surplus. Accordingly, all qualifying bids must meet the following terms:
• The bid price shall exceed $6,450,000.
• The successful bidder will hold harmless, release and indemnify the City
for any existing environmental conditions.
No representation in made as to environmental problems on the property
although historic uses of the property and surrounding lands may
compel a buyer to conduct an environmental site assessment.
In response to questions, Real Estate Coordinator Jim Benwell said the
City wishes to sell the entire site. Hillsborough County wishes to carve out
a portion of the site in order to assign it to a third party. Mr. Benwell said
the portion is land-locked. The City Attorney said the city charter allows
the City to declare the site surplus and negotiate with another
government entity only, not a private buyer. Hillsborough County's
request to transfer a portion of the property to a private property is not
permissible under the charter provision. She said the County was
advised of the City's charter provision.
One individual spoke in opposition.
One individual spoke in support.
In response to questions, the City Attorney said the city charter allows
the bid process or negotiated sale with another government entity.
Under the current city charter, Council does not have the option to issue
a Request for Proposals. Economic Development and Housing Assistant
Director Chuck Lane said there was a discrepancy in the two appraisals
acquired by staff. Staff opted to hire an independent appraiser to review
the City and County's appraisals, it was determined that the County's
$4.6 million appraisal was the most reliable. Mr. Lane said the City's
appraisals were $6.45 million and $2.7244 million.
Councilmember Cundiff moved to declare surplus for the purpose
of sale, through Invitation to Bid 09-18, real property located in
Hillsborough County formerly used by the City of Clearwater for
dumping treated sludge and dredged materials whereby the
successful bid meets the terms set by Council. The motion was duly
seconded and carried unanimously.
8. City Manager Reports
8.1 Authorize equipment leases with Hewlett-Packard Financial Services Company, of
Murray Hill, NJ, for desktop, laptop, and tablet computers in an amount not to exceed
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$1,350,000 in accordance with City Code of Ordinances Section 2.564 (1)(b)
Intergovernmental Purchases, and authorize the appropriate officials to execute same.
The City has leased computers for over ten years. The benefits of leasing
include operational savings for asset acquisition, maintenance, improved
efficiency in user support and asset management, improved security for City
systems and network, and improved performance for system users.
There are approximately 1,300 desktops and 500 laptop/tablet computers within
the City. The City's computers are upgraded on a three-year cycle, changing
out approximately 1/3 of the equipment annually. Each lease agreement is for a
three-year term and covers one-third of all equipment.
All lease terms and conditions are established in State of Florida Contract No.
43211500-WSCA-15-ACS. The Contract is available to piggyback in
accordance with City Code of Ordinances Section 2.564 (1)(b)
Intergovernmental Purchasing. Shipping costs are included in the contract as
well as end-of-life disposition of the equipment.
The State Contract includes a value-added enhancement - the Self-Maintainer
Program -which enables City staff to be trained at no additional costs. Trained
staff functions as Hewlett-Packard certified technicians to expedite diagnostic
and resolution actions. Hewlett- Packard tracks and reimburses for these
services for every 15 minutes of work performed.
On an annual basis, the maximum cumulative costs for existing leases (prior
authorization by Council) and each new lease is $450,000.
Quarterly payments are budgeted in the Information Technology annual
operating budget. Costs are prorated to all departments based upon their
respective computer counts through the Administrative Services fund
chargeback for Information Technology services.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 555-09862-544500, Computer Equipment
Rental, to fund this contract.
Vice Mayor Hamilton moved to authorize equipment leases with
Hewlett-Packard Financial Services Company, of Murray Hill, NJ, for
desktop, laptop, and tablet computers in an amount not to exceed
$1,350,000 in accordance with City Code of Ordinances Section
2.564 (1)(b) Intergovernmental Purchases, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
8.2 Approve a contract and work order to H.W. Lochner, of Tampa, Florida, for Druid Trail
Phase IV (04-0021-PR) Construction Engineering Inspection (CEI) and Local Agency
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Program (LAP) Administration in the amount of$285,217.95 and authorize the
appropriate officials to execute same.
On August 16, 2017, a selection committee chose H.W. Lochner, of Tampa,
Florida, to provide CEI and LAP Administration Services through the Request for
Qualifications (RFQ 23-17) process.
This contract is for professional services to monitor and enforce the plans and
specifications associated with Druid Trail Phase IV construction contract.
Additionally, it will ensure compliance with all federal and state standards
involved in a LAP project.
On December 7, 2017, City Council awarded a construction contract to
Keystone Excavators in the amount of$3,126,188.51 to construct Druid Trail
Phase IV, a pedestrian and bicycle trail to connect The Duke Energy Trail with
existing Druid Trail which now terminates at Glen Oaks Park, and intersection
improvements along Druid Road.
Services will begin upon execution of this contract.
Druid Trail Phase IV will be maintained by Parks & Recreation Department as
part of the Clearwater Trail System.
On January 19, 2017, City Council approved a Local Agency Program (LAP)
agreement between the City of Clearwater and Florida Department of
Transportation (FDOT) for Druid Trail Phase IV from South Evergreen Avenue
to Duke Energy Trail in the amount of$2,223,803.
May 4, 2017, City Council approved amendment 1 to increase FDOT funding to
$2,291,784 and extend the LAP agreement through October 31, 2018.
APPROPRIATION CODE AND AMOUNT:
0315-92146-561000-541-000-0000 $285,217.95
Funds are available in capital improvement project 315-92146, Druid Rd
Improvements, in the amount of$285,217.95 to fund the work order.
In response to a question, Traffic Operations Manager Paul Bertels said
pre-construction is anticipated to begin the second week in January, with
construction beginning in February. Staff anticipates the project will be
completed in December 2018.
Councilmember Jonson moved to approve a contract and work
order to H.W. Lochner, of Tampa, Florida, for Druid Trail Phase IV
(04-0021-PR) Construction Engineering Inspection (CEI) and Local
Agency Program (LAP) Administration in the amount of $285,217.95
and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
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8.3 Authorize agreements for Employment Related Health Care Services with BayCare
Urgent Care, LLC, and Life Extension Clinics, Inc., in the annual amounts of$25,000 and
$175,000 respectively, including two annual renewal terms, and authorize the appropriate
officials to execute same.
On August 1, 2017, Request for Proposals #30-17, Employment Related Health
Care Services was issued. Three responses were received and evaluated by
Human Resources Department staff. BayCare was selected to provide
pre-employment physicals, Department of Transportation (DOT) random, DOT
post accident, and citywide reasonable suspicion drug and alcohol testing, for
employees exclusive of public safety personnel.
The services to be provided by Life Extension Clinics (LifeScan) include
pre-employment and annual physicals for Police and Fire & Rescue personnel.
Both departments have utilized LifeScan for several years due to the
comprehensive diagnostic testing provided. The Fraternal Order of Police's
(FOP) negotiated agreement includes the requirement for LifeScan's services
for officers and supervisors. LifeScan's physicals include a performance based
fitness evaluation that is evaluated against prior years' results. The ultrasound
component of LifeScan's physical has been credited with identifying significant
conditions that were able to be addressed early and possibly prevented
permanent health conditions.
This authorization includes two one-year renewals for the BayCare and
LifeScan agreements.
APPROPRIATION CODE AND AMOUNT:
FY2018 Funding for$200,000 is available through appropriation codes:
0646-07410-521500-585-000-0000 Pre-Employment Physicals and Drug
Testing
0590-09831-530100-519-000-0000 Citywide Drug Testing - Random,
Reasonable Suspicion, Post Accident
0010-01156-521500-521-000-0000 Police Annual Physicals
0010-01220-521500-522-000-0000 Fire & Rescue Pre-Employment Physicals
and Annual Physicals
0010-01252-521500-526-000-0000 Fire & Rescue
Councilmember Caudell moved to authorize agreements for
Employment Related Health Care Services with BayCare Urgent
Care, LLC, and Life Extension Clinics, Inc., in the annual amounts of
$25,000 and $175,000 respectively, including two annual renewal
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terms, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
8.4 Approve a Land Lease Agreement at the Clearwater Airpark between the City of
Clearwater and the Civil Air Patrol, from January 1, 2018 through December 31, 2022,
and authorize the appropriate officials to execute same.
Approve a 5-year Lease Agreement between the City of Clearwater and the Civil
Air Patrol beginning January 1, 2018 and ending December 31, 2022. The Civil
Air Patrol has enjoyed a long history of operating out of the Clearwater Airpark,
and is a Congressionally chartered auxiliary of the United States Air Force.
Councilmember Cundiff moved to approve a Land Lease Agreement
at the Clearwater Airpark between the City of Clearwater and the
Civil Air Patrol, from January 1, 2018 through December 31, 2022,
and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
8.5 Approve a purchase order to AshBritt, Inc. of Deerfield Beach, FL, for an amount not to
exceed $1,000,000, for disaster debris removal and disposal services provided during
the aftermath of Hurricane Irma and authorize the appropriate officials to execute same.
The Solid Waste Department wishes to establish a purchase order not to
exceed $1,000,000 to pay for the services provided by AshBritt. As of
December 11, 2017, the total amount billed to the City by AshBritt is
approximately $260,000. Staff anticipates that the not to exceed amount
requested will be sufficient to pay for all subsequent invoices provided to the
City by AshBritt.
APPROPRIATION CODE AND AMOUNT:
All hurricane-related expenditures are being captured as part of a special project
entitled Hurricane Irma. At first quarter, revenues will be transferred from
special program 181-99927, Emergency Operations to special program
181-98610, Hurricane Irma to cover expenditures to date. Future transfers of
funding will be provided by quarterly budget amendments as they are required.
• 0-181-98610-530300-525-000-0000 (Other Contractual Services)
In response to questions, Controller David Powers said the costs related to
the debris removal and disposal services are eligible for FEMA
reimbursement. Ashbritt would have been able to charge more if they
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were the only one removing the debris. When staff requested Council
approve the contract, staff stated that a purchase order would come
before Council after establishing an estimated total cost. To date,
Ashbritt has submitted only two invoices to cover the first six weeks for
their debris collection services. Mr. Powers said staff has not received
invoices for grinding and hauling the debris. He said the City's
monitoring company reviews the invoices submitted by Ashbritt before
payment is released.
Vice Mayor Hamilton moved to approve a purchase order to
AshBritt, Inc. of Deerfield Beach, FL, for an amount not to exceed
$1,000,000, for disaster debris removal and disposal services
provided during the aftermath of Hurricane Irma and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
8.6 Approve a Joint Use Interlocal Agreement (JUA) between the City of Clearwater (City)
and the City of Safety Harbor (Safety Harbor) for the purpose of allowing Safety Harbor
youth to use city sports facilities and participate in youth athletic programs in the City; and
authorize the appropriate officials to execute same.
Safety Harbor residents have been a part of Clearwater youth programs,
Countryside Junior Cougars, Inc. (CJC), Chargers Soccer Club, Inc. (CSC) and
Clearwater Youth Lacrosse, Inc. (CYL), for many years. This is due in part to
the fact that Clearwater and Safety Harbor share city boundaries and that the
City has sports facilities that are in close proximity for Safety Harbor residents
to use.
In order for residents of Safety Harbor to participate in these youth programs
they not only had to pay the program fees but also a non-resident fee, which
annually range from $120 to $180 per youth. Currently 100 youths from Safety
Harbor are involved in CJC, 100 in CSC and 3 in CYL.
The City is in the process of phasing renovations of the Countryside Sports
Complex. Safety Harbor has agreed to contribute $350,000 payable in seven
annual installments of$50,000 per year to help support the capital improvement
project. Safety Harbor residents would be able to participate in CJC, CSC and
CYL programs for 30 years and be treated in the same manner and at the same
rates charged to Clearwater residents.
Clearwater would continue to maintain the facilities used by CJC, CSC and CYL
as well as provide the supervision of these programs.
If for some reason Clearwater does not commence the construction of the new
facilities within two years, Safety Harbor may terminate the agreement and be
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refunded any contributions made; if not completed within five years, they may
terminate the agreement and be refunded a reduced portion of contributions
made.
Phase I of the construction project (building construction) is scheduled to
commence early in 2018 to be completed by the summer of 2018.
Councilmember Jonson moved to approve a Joint Use Interlocal
Agreement (JUA) between the City of Clearwater (City) and the City
of Safety Harbor (Safety Harbor) for the purpose of allowing Safety
Harbor youth to use city sports facilities and participate in youth
athletic programs in the City; and authorize the appropriate officials
to execute same. The motion was duly seconded and carried
unanimously.
8.7 Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida
and the City of Clearwater through August 23, 2018 for the City to utilize Pinellas County
School buses at a cost of$1.50 per mile, plus $29.00 per hour, for a total estimated cost
of$35,000 and authorize the appropriate officials to execute same.
The Parks and Recreation Department organizes field trips requiring bus
transportation for participants.
The Pinellas County School System allows municipalities to utilize their fleet of
buses and drivers for$1.50 per mile plus $29.00 per hour for driver with a
five-hour booking minimum.
During the summer of 2018, the department will organize approximately 150
field trips that may utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of
private bus lines indicates school buses are generally a less costly mode of
transportation. During the past year the City utilized school buses for field trips
at a cost of approximately $25,000.
Approval of this Agreement will provide staff with a larger number of options
when determining the most cost effective source of transportation for
participants.
The Agreement is similar to Agreements between the Pinellas County School
Board and other Pinellas County municipalities that utilize school bus
transportation.
This item supports the City's Strategic Plan by partnering with other public
organizations to be more efficient in providing services and programs to the
youth of our community.
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APPROPRIATION CODE AND AMOUNT:
The Recreation Programming Division's Operating Budget contains sufficient
funds to cover the costs associated with this Agreement.
USE OF RESERVE FUNDS: N/A
Councilmember Caudell moved to Approve a Vehicle Use
Agreement between the School Board of Pinellas County, Florida
and the City of Clearwater through August 23, 2018 for the City to
utilize Pinellas County School buses at a cost of $1.50 per mile, plus
$29.00 per hour, for a total estimated cost of $35,000 and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
8.8 Approve an agreement between Tivity Health Services, LLC (Tivity) and the City of
Clearwater (City), allowing the City to continue to provide wellness services and benefits
for eligible Medicare Members who are part of the SilverSneakers Program and Prime
Members eligible through employer sponsored programs and authorize the appropriate
officials to execute same.
The City entered into a contractual agreement with Healthways, Inc. on March 3,
2011 which designated five city recreation centers as Healthways'
SilverSneakers and Prime sites. In 2017, Healthways has changed its name to
operate as Tivity Health Services, LLC.
Tivity has established a network of sponsoring organizations throughout the
country to provide fitness services, to benefit Medicare participants through their
SilverSneakers program and the Prime Program for employer sponsored
beneficiaries whereby their members receive a basic fitness membership and
access to Tivity Health Signature classes at approved provider sites at no cost.
The nation's leading community fitness program specifically designed for older
adults, SilverSneakers promotes greater health engagement and accountability
by providing members with regular exercise (strength training, aerobics,
flexibility) and social opportunities at more than 14,000 locations nationwide-all
at no cost to them.
The City's obligation will be to provide facilities for eligible members through the
SilverSneakers program or the Prime Program to engage in the various
approved Silver Sneakers program and activity. For every visit made to an
approved program, which ranges from simply working out in the fitness room,
pool, or tennis court to organized exercise classes, the City will be reimbursed
or subsidized at a rate of$3.25 per activity per visit not to exceed $32.50 per
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month per participant.
This program has been a great success and as of the November 2017, the City
has 4,140 members enrolled at the City's recreation sites, and generated
$130,852.00 in Fiscal Year 2017 in subsidized reimbursements.
In response to a question, Parks and Recreation Director Kevin Dunbar
said to qualify, individuals must be at least 62 years old and participate in a
health insurance that endorses the program. The program is available at
all city recreation centers and the McMullen Tennis Center.
Councilmember Cundiff moved to approve an agreement between
Tivity Health Services, LLC (Tivity) and the City of Clearwater (City),
allowing the City to continue to provide wellness services and
benefits for eligible Medicare Members who are part of the
SilverSneakers Program and Prime Members eligible through
employer sponsored programs and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
8.9 Approve a Sports Facility Use Agreement with the DC Soccer, LLC, to provide
preseason training in Clearwater at the Walter C. Campbell Facility, from January 25,
2018 through December 31, 2018, and authorize the appropriate officials to execute
same.
The DC Soccer, LLC dba "DC United" (Team) is one of only 22 franchises that
make up Major League Soccer (MLS). They have held successful preseason
workouts in Clearwater at the Countryside Sports Complex the past two
seasons.
Due in part to the success with the Philadelphia Union spring training
experience in Clearwater, the Team approached the City two years ago about
the possibility of making Clearwater the home of their preseason training as
well.
MLS is continuing to grow in popularity and in 2017 attendance was at an all
time high in excess of 8.2 million. Soccer fan base continues to grow at a pace
higher than all other major sports.
Over the past three years, the Tampa Bay area has been attracting more
attention from MLS teams as a location for preseason training and several more
are looking to relocate to the Tampa Bay area.
Having both the Philadelphia Union and Team in Clearwater at the same time
for preseason training adds to the synergy between what these two MLS teams
can provide for visiting fans as well as local residents.
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The City will provide soccer fields maintained at MLS professional standards, as
well as goals, lining of fields, and ancillary facilities including office, meeting
room and restrooms.
The Team will promote the City of Clearwater and their preseason training site
through numerous print and media outlets in and around the Washington DC
area. The Team is in negotiations with the Conventions and Visitors Bureau
(CVB) for support of up to $100,000 in promotion for the Team.
This agreement is for eleven months with an option to renew for two additional
One-year periods.
In response to a question, Parks and Recreation Director Kevin Dunbar
said since DC United will use the fields after football season, there will be no
scheduling conflicts with the Greenwood Panthers.
Vice Mayor Hamilton moved to approve a Sports Facility Use
Agreement with the DC Soccer, LLC, to provide preseason training
in Clearwater at the Walter C. Campbell Facility, from January 25,
2018 through December 31, 2018, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
8.10Approve a Sports Facility Use Agreement with the Pennsylvania Professional Soccer
LLC to provide preseason training in Clearwater at the Joe DiMaggio Sports Complex,
from February 1, 2018 through April 1, 2020, and authorize the appropriate officials to
execute same.
The Pennsylvania Professional Soccer LLC dba "Philadelphia Union" (Team) is
one of only 22 franchises that make up Major League Soccer (MLS). They have
held successful preseason workouts in Clearwater at the Joe DiMaggio Sports
Complex for the past three seasons.
MLS is continuing to grow in popularity and in 2017 attendance was at an all
time high in excess of 8.2 million. Soccer fan base continues to grow at a pace
higher than all other major sports.
Over the past three years the Team has established themselves in the
community and brought several of their fans to Clearwater for preseason
training.
Having both the Philadelphia Phillies Baseball Club and Team in Clearwater at
the same time for spring training adds to the synergy between the two
Philadelphia sports franchises since the Team also has a preseason following
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of fans as well.
The City will provide two regulation sized soccer fields maintained at MLS
professional standards, as well as goals, lining of fields, and ancillary facilities
including office, meeting room and restrooms.
The Team will continue to promote the City of Clearwater and their preseason
training site through numerous print and media outlets in and around the
Delaware Valley area. In the past the Conventions and Visitors Bureau (CVB)
has donated up to $100,000 in promotion for the Team.
This agreement is for two years with an option to renew for two additional
three-year periods.
Councilmember Caudell moved to approve a Sports Facility Use
Agreement with the Pennsylvania Professional Soccer LLC to
provide preseason training in Clearwater at the Joe DiMaggio
Sports Complex, from February 1, 2018 through April 1, 2020, and
authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
8.11Approve an Exclusive Non-Alcoholic Beverage Agreement between the City of
Clearwater (City) and Coca-Cola Refreshments USA, Inc. (Coca-Cola), from November
8, 2017 through September 30, 2022, to provide full service beverage vending machines
and products to city facilities and city events; approve a blanket purchase order to
Coca-Cola for $150,000 per year for each year of this agreement and authorize the
appropriate officials to execute same.
On September 9, 2011, the City Council approved an agreement with
Coca-Cola to provide services to the City to be the exclusive non-alcoholic
beverage vendor for a five-year period to begin June 1, 2012 and ending May 31,
2017. Coca-Cola agreed to continue the services on a month by month basis
until a new Request for Proposals (RFP) and agreement could be issued.
On March 31, 2017, the City issued RFP 21-17, soliciting potential vendors to
become the non-alcoholic beverage vendor for the City. The City received two
proposals: Pepsi Beverages Company and Coca-Cola Refreshments USA,
Inc. The proposals were evaluated based on successful experience, longevity
of provision of services, a price schedule for discounted products, a proposed
Licensing Payment, and proven financial stability.
Based on the evaluations, the Selection Committee recommends Coca-Cola to
continue to be the city supplier of non-alcoholic beverages for the next five years
from November 8, 2017 through September 30, 2022 to provide full service
vending machines, a discounted price schedule for City and Concessionaire
purchases and a Licensing Payment of$92,500 to be paid in five annual
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payments of$18,500. In addition, Coca-Cola, through a Monster Energy Drink
Fund, will contribute an additional $25,000 to be paid in five annual payments of
$5,000. The total amount paid to the City will be $117,500 for the entire term
($23,500 per year).
The scope of services will be to provide full service vending machine services
for the sale of permitted beverage products at designated City facilities as well
as provide products used at City concessions and City events.
This agreement is for five years, with an option to renew for one five-year
period.
APPROPRIATION CODE AND AMOUNT:
Funding for the blanket purchase order will come from a variety of general fund
cost centers but primarily from Special Events (010-01804).
USE OF RESERVE FUNDS: N/A
In response to questions, Parks and Recreation Director Kevin Dunbar
said the contract includes water and juice beverages. The contract will
allow staff to procure beverages for vending machines and special
events.
Councilmember Cundiff moved to approve an Exclusive
Non-Alcoholic Beverage Agreement between the City of Clearwater
(City) and Coca-Cola Refreshments USA, Inc. (Coca-Cola), from
November 8, 2017 through September 30, 2022, to provide full
service beverage vending machines and products to city facilities
and city events; approve a blanket purchase order to Coca-Cola for
$150,000 per year for each year of this agreement and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
8.12Provide direction regarding establishing a foreclosure policy for properties with code
enforcement liens.
The Planning and Development Department - Code Compliance Division has
been working with the City of Saint Petersburg in order to better understand
their Foreclosure Program. The City of Saint Petersburg has been instrumental
in developing a Foreclosure Program that has improved since its inception and
serves as a model for other municipalities and county governments to follow.
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Outside Counsel was appointed to be a part of a pilot program for one year and
after that one law firm with a proven track record was appointed to represent the
City of Saint Petersburg with their Foreclosure Program. The City of Saint
Petersburg's best practices are described below:
New Strategy for Economic Development: Foreclosing on a City's Code
Enforcement Liens to Remove Blight and Generate Economic
Development
The Problem
Cities and municipalities all across Florida face a large and growing problem.
Thousands of blighted and abandoned properties that drain resources depress
property values and pose continuing public safety risks to the community. The
standard response has been to record code enforcement liens, hope these
liens force compliance, then sit back and hope that the liens get paid at some
time in the future. And while this process may work for some properties for a
growing number of troublesome properties, the municipality must take a
different and far more proactive approach.
The Solution
Florida law provides a simple and effective way to eliminate blight and force
properties into compliance. The solution is for the municipality to foreclose its
own code enforcement liens. All that is necessary for a municipality to begin a
successful code enforcement foreclosure process is to select one or two of the
most troublesome properties and file foreclosure cases in circuit court.
Because many of these properties are subject to clouded titles and unclear
ownership, foreclosing liens is the only practical way to clear and provide
marketable title.
The Process
Every municipality has a handful of properties that have been abandoned and
which have been the subject of citizen complaints and code enforcement
activity for many years. All that is required to foreclose those liens is to confirm
the legal validity of the liens then file a foreclosure case in circuit court.
Depending on the response of the property owner and other lien holders, a case
could result in a final judgment of foreclosure and a public auction of that
property within a few months. Given proper case selection, many properties that
are subject to municipal lien foreclosure should be sold to third parties in the
same manner that the current glut of foreclosure cases are being sold.
The Costs
With proper case selection an effective municipal code enforcement
foreclosure program should be at least revenue neutral to the community and
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City of Clearwater
City Council Meeting Minutes December 21, 2017
ultimately it should generate income. All costs associated with completing a
code enforcement case are incorporated into a final judgment and those costs
are paid by third parties that purchase at auction. Importantly, outside counsel
appointed will pursue code enforcement foreclosure cases at no cost and no
risk to municipalities whatsoever.
Staff is requesting direction regarding Council's desire to have a foreclosure
policy for properties with code enforcement liens.
Code Compliance Manager Terry Teunis provided a PowerPoint
presentation.
Mayor Cretekos departed chambers at 7:15 p.m. and returned at **
In response to questions, Mr. Teunis said the St. Petersburg program
recommends there be no mortgage on the property. Staff is
recommending that the City institute a policy for properties with low to no
mortgage, which does not limit Council's ability to order a foreclosure
action. The City Attorney said a Request for Proposal will be issued for
the outside firm; the cost for services will be determined at that time. The
city charter requires the City sell to the highest bidder above the
appraised value. Mr. Teunis said the driving factor for the policy is to
address blighted properties. To date, there are 144 liens accruing. The
City Attorney said staff is recommending that the policy be limited to
residential properties, not commercial properties. If the policy is limited to
unoccupied residential properties, action could not be pursued on
properties that are occupied. Assistant City Attorney Matt Smith said
the City of St. Petersburg makes sure the property is unoccupied before
they seek foreclosure. The City Attorney said staff would need to look at
each property to determine if foreclosure should be considered. Mr.
Teunis said St. Petersburg directs all funds received from their
foreclosure program to the general fund. The City has contracted with
Community Champions and could utilize the funds to secure and abate
nuisance properties.
There was consensus to pursue the proposed policy. Staff was
directed to draft a formal program and issue an RFP for attorney services for
council approval.
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City of Clearwater
City Council Meeting Minutes December 21, 2017
8.13Follow-up to citizen concern raised at December 7 council meeting regarding water fee.
Public Utilities Director David Porter said he met with Boyd Hall to address
the concerns he raised at the last council meeting. Mr. Hall uses the absolute
minimum (3,000 gallons), as well as pays ahead, which created a credit
balance over time. Prior to the new rate increase, the credit balance was
high enough to bring the normal $93.91 monthly bill to $69.01. The
following month Mr. Hall used 5,000 gallons and was charged $111.77,
appearing to reflect a $4.29 monthly increase. Regarding his claim that
the department failed inspections, he noticed that the annual water report
noted a couple of exceedances in testing parameters and thought it was
an inspection failure. Mr. Porter said he explained to Mr. Hall that it is
normal for utilities to experience exceedances and reviewed results of
recent wastewater, reclaimed water and sanitary survey inspection results.
Regarding his concern regarding the aquifer, it was explained to Mr. Hall
that the City's groundwater replenishment program is designed to assist
the aquifer's level, which is lowering statewide.
February 15, 2018 Council Meeting
The City Manager said the Governor's Baseball Dinner at Tropicana Field conflicts with the
February 15, 2018 council meeting. Given the City's future baseball needs, a strong city presence
is recommended. Staff is requesting to move the February 15 council meeting to Tuesday,
February 13, 2018.
It was stated since the Baseball Commissioner will be at the event and staff anticipates pursuing a
state funding request for programming at Spectrum Field, it is important that Council attend the
dinner.
The City Clerk said the agenda for February 15 has only one public hearing. If the meeting date is
changed, no other public hearing items will be added to the agenda.
Councilmember Caudell moved to re-schedule the Thursday,
February 15 council meeting to Tuesday, February 13 at 6:00 p.m.
The motion was duly seconded and carried unanimously.
Letter from Clearwater Beach Chamber of Commerce
The City Manager said he received a letter from the Clearwater Beach Chamber of Commerce
regarding their concern on PSTA initiatives. He said he and Deputy City Manager Jill Silverboard
attended a Parking and Traffic Chamber Committee meeting yesterday. PSTA CEO Brad Miller
and Forward Pinellas Executive Director Whit Blanton were also in attendance. He said the
takeaway from the meeting is all parties can do a better job communicating and keeping the
Chamber informed of upcoming projects. In response to questions, the City Manager said the
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City of Clearwater
City Council Meeting Minutes December 21, 2017
Chamber committee is made up of mostly hoteliers and they asserted they were in communication
with other groups on the island and they have an understanding of the wants and needs of the
other groups. He said Mr. Blanton pledged to be more involved with the committee.
9. City Attorney Reports — None.
10. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Caudell wished all a Merry Christmas and Happy New Year
and urged all travelers to be safe.
Councilmember Jonson said both CRA director candidates were highly
qualified and come from organizations with management processes. He
attended the Suncoast League of Cities meeting in Gulfport and he observed
the City instituted a Complete Street along 49th St. and they created a
gateway to their downtown and waterfront district. The Suncoast League of
Cities recommended as many participants as possible attend the Florida
League of Cities legislative trip at the end of January. He said Council was
originally scheduled to consider the Imagine Clearwater engineering design
contractor, Stantec, and expressed concern that Stantec is not fully
supporting the expedited resolution of the project. He said the foreclosure
presentation was excellent and commended staff for their work on it.
Councilmember Cundiff said he had the opportunity to see A Christmas Carol
at Ruth Eckerd Hall for the second year which inspired him to focus on what
Christmas is, to be generous to others less fortunate. He wished all a Merry
Christmas and Happy New Year.
Vice Mayor Hamilton said Christmas Day weather is supposed to be good
and to expect beach traffic. He wished all a Merry Christmas and Happy New
Year.
11. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events, provided
condolences to survivors of Lt. Col. Poole, and wished all a safe and
Happy Holiday.
12. Adjourn
The meeting adjourned at 8:13 p.m.
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City of Clearwater
City Council
Attest
City Clerk
City of Clearwater
Q
Meeting Minutes
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December 21, 2017
Mayor
City of Clearwater
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