11/13/2018 Council Work Session Meeting Minutes November 13, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
m
ap
® e
Meeting Minutes
Tuesday, November 13, 2018
9:00 AM
Council Chambers
Council Work Session
Page 1
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
Rollcall
Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell,
Councilmember Bob Cundiff, Councilmember David Allbritton, and
Councilmember Hoyt Hamilton
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 9:00 a.m. at City Hall.
2. Presentations — Given.
2.1 November Service Awards
Two service awards were presented to city employees.
The Council recessed from 9:03 a.m. to 9:07 a.m. to meet as the Pension
Trustees.
3. Economic Development and Housing
3.1 Approve the First Amendment to Contract for Sale of Real Property by the City of
Clearwater between the City and Habitat for Humanity of Pinellas County, Inc. and
authorize the appropriate officials to execute same, together with all other instruments
required to affect closing. (consent)
The property, located at 1454 S Martin Luther King, Jr. Avenue, is currently
vacant and it is identified by Resolution #17-38 as a city-owned property
appropriate for use as affordable housing (Pinellas County Property I.D.
#22-29-15-00000-320-1300). On January 18, 2018, City Council declared the
property surplus for the purpose of sale, through Invitation to Bid #14-18,
whereby the successful bid was required to meet the terms set by Council.
(NOTE: Following the council meeting, an administrative matter required staff to
Page 2
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
change the ITB number to #21-18.) Among terms set by Council, the property
must be developed with a minimum of ten (10) residential units for sale to
households with total household income at or below 80% of area median
income.
Habitat for Humanity of Pinellas County (Habitat)was the successful bidder and
entered into a Contract for Sale of Real Property by the City of Clearwater on
June 25, 2018. Because the site poses challenges, Habitat is confident, but not
certain, it can secure approvals to construct the ten required homes. The
current contract requires closing by November 15. The proposed Amendment
will extend closing to January 18, 2019 providing Habitat adequate time to gain
necessary approvals.
Proceeds from sale will be used for future CDBG-eligible projects administered
by the Economic Development & Housing Department.
In response to questions, Economic Development and Housing Assistant
Director Chuck Lane said the developer has the densities to build the homes.
The developer is looking at options to address the stormwater concerns,
which is why the amendment is being requested. The number of homes
in the project are locked since the project went out to bid with that provision.
4. Finance
4.1 Approve a renewal subscription to the ISO ClaimSearch for Non-Insurers Database
effective January 1, 2019 through December 31, 2019, pursuant to City Code Section
2.564 (1) (i), services associated with Risk Management Casualty and Liability claims
services; approve a not-to-exceed total of$15,000 for the annual membership fee and
as-needed claim search fees; and authorize the appropriate officials to execute same.
(consent)
The Risk Management Division of the Finance Department would like to renew
its current agreement approved by City Council in 2018 and continue its
participation as a member of the ISO ClaimSearch database for Casualty and
Claims Inquiry, which allows Risk Management Specialists to determine if
claimants who have filed claims against the City of Clearwater for bodily injury
or workers compensation claims have had previous and/or current accidents
nationwide.
This database is shared by most insurance companies, third party
administrators and municipalities in the industry who administer claims and is
considered part of best practices in claims management and severity control. It
is a single source provider of this service. Its reputation and quality of product
are well known in the industry. This web-based search and report tool is
Page 3
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
particularly effective in identifying "professional claimants."
There is a $7.90 fee for single field searches and $13.10 for name/address
searches, along with an annual membership fee of$1,100. Claims reports
received will be accessed through a web portal.
Staff is requesting approval of a total not-to-exceed amount of$15,000 to cover
the searches for the year and the annual membership fee of$1,100.
Their agreement does include an auto-renewal provision with a 90-day
cancellation clause.
APPROPRIATION CODE AND AMOUNT:
Account# 5909830-557100 $1,100
Account# 5909830-530300 $13,800
4.2 Approve the initial one-year renewal term in the Agreement with Commercial Risk
Management, Inc., of Tampa, Florida, for the management and administration of workers
compensation claims and two additional one-year renewal terms, pursuant to City Code
Section 2.564 (1) (i), for services associated with Workers Compensation exempt from
bidding for a not-to-exceed total of$75,000; and authorize the appropriate officials to
execute same. (consent)
The Risk Management Division of the Finance Department has a current
agreement approved by City Council in February 2018, expiring January 31,
2019, with Commercial Risk Management, a third-party administrator, for
administration of workers compensation claims including lost time claims,
claims involving litigation, complex medical claims, and medical only claims
(when warranted).
The annual contract presented retains the same fee structure as the current
agreement.
For indemnity/lost time claims the fee is $1,000, and for medical-only claims,
$250. Complicated medical-only claims, and/or claims needing investigation
have a fee of$500.
The second annual term of this Agreement will commence February 1, 2019
and will have two additional renewal term options to be documented in writing by
both parties.
The retention of Commercial Risk Management to administer and manage our
more complex and litigative claims will provide Risk Management and the City
greater effectiveness in the investigative and fiscal management of our Workers
Compensation claims program if needed. We project that a maximum of 20 -
Page 4
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
25 claims annually will be referred for their services.
APPROPRIATION CODE AND AMOUNT:
Account# 5909830-530300 $75,000
In response to questions, Risk Manager Rick Osorio said the item before
Council is a renewal of an agreement the City has sought for several years.
Deputy City Manager Jill Silverboard said the balance of funds not spent are
directed to the central insurance fund.
4.3 Approve the annual renewal of CorVel Healthcare Corporation's Agreement for the
review of Workers Compensation Medical bills and Pharmacy Benefit Management
services in the amount of$85,000 for term January 1, 2019 through December 31, 2019,
an increase of$35,000 for the current annual term from January 1, 2018 through
December 31, 2018, pursuant to City Code Section 2.564 (1) (i), services associated with
Workers Compensation exempt from bidding, and authorize the appropriate officials to
execute same. (consent)
Council approved the current pricing agreement with CorVel, for the period
January 1 through December 31, 2018, with a budget of$50,000. Currently
staff estimates an additional $35,000 will be required to cover services through
December 31, 2018, as a result of an unexpected amount of high cost medical
bills which needed extensive reviews compared to the previous year.
For the renewal of 1/1/2019, CorVel has proposed an Amendment to the original
agreement which will increase the Bill Review Service Fee from $6.70/bill to
$6.90/bill. All other rates will remain the same.
The current agreement was amended last year with a renewal provision not to
exceed a total of four annual extensions, thus establishing a contract end date
no later than December 31, 2021. Annual extensions will be brought back to
Council for approval with proposed amendments to the rate structure.
The new proposed rate structure will result in an estimated 1% increase in total
costs over the previous year.
APPROPRIATION CODE AND AMOUNT:
Account# 5907590-545800 $120,000
In response to questions, Risk Manager Rick Osorio said the City would be
in default of payment if the additional $35,000 is not approved. The workers
Page 5
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
compensation fee schedule is set by Florida Statutes and a penalty may be
assessed to the City for not complying. Statutes require that all medical bills
for workers compensation be paid in a timely manner. He said the contract is
for reviewing the bills submitted by doctors, ensuring they comply with the
fee schedule. Although workers compensation claim dollars were lower this
past year, the City incurred more expenses in reviewing the claims.
5. Gas System
5.1 Accept Ordinance 2018-10, an Interlocal Agreement/Franchise with the City of Indian
Rocks Beach, in order for Clearwater Gas System to continue to provide natural gas
service to the citizens of Indian Rocks Beach and adopt Resolution 18-21.
On November 13, 2018, the City of Indian Rocks Beach Council is set to
approve an Interlocal Agreement, on second reading, with the City of
Clearwater, which provides a franchise for Clearwater Gas System (CGS) to
provide natural gas service in Indian Rocks Beach.
The previous franchise with the City of Indian Rocks Beach was approved on
July 7, 1988 and expired on July 6, 2018. Currently, CGS is operating on a
month-to-month basis under the provisions of that franchise agreement.
The effective date of the new franchise shall be the 1 st day of the following
month after the Interlocal Agreement is approved by the City of Clearwater. The
Agreement provides the City of Clearwater a 15-year non-exclusive right to
continue to construct, operate and maintain all facilities necessary to supply
natural gas to the City of Indian Rocks Beach. The agreement also provides for
renewal options, which may be extended for an additional 15 years.
The Interlocal Agreement provides for a 6% franchise fee to be paid by the
consumers of natural gas within the City of Indian Rocks Beach. The prior
franchise fee was 5%.
6. Parks and Recreation
6.1 Approve a proposal by Construction Manager J.O. Delotto and Sons, Inc. of Tampa,
Florida, in the amount of$661,443 for renovations and upgrade of facilities at E.C. Moore
Softball Complex Field 8 and 9 located at 2780 Drew Street and authorize the
appropriate officials to execute same. (consent)
On August 4, 2016, Council approved the use of Construction Manager at Risk
Services (CMR) for Continuing Contracts with Biltmore Construction Co., Inc. of
Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach, FL;
Page 6
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of Tarpons
Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone Excavators, Inc.
of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL; and
Wharton-Smith, Inc. of Sanford, FL for a period of four years.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 under Request for Qualifications 24-16 based upon construction
experience, financial capability, availability of qualified staff, local knowledge,
and involvement in the community.
On July 19, 2018, Council approved a new Capital Improvement Project titled
"Eddie C. Moore Softball Complex Renovations" (PRAF180001) for the purpose
of renovating and upgrading facilities at the E.C. Moore Complex for player and
spectator safety.
This Contract will include the installation of a 30-foot-high netting system and
below ground dugouts on championship field #8, as well as installation of poles
needed for future netting for field #9.
Additional improvements to be completed include renovations to the press box,
upgrade and refurbishing of batting tunnels, and installation of camera stands.
Construction will be completed prior to the St. Petersburg Clearwater Elite
Invitational Tournament to be held at the E.C. Moore Complex February 14-17,
2019. Some of the teams scheduled to attend include the 2018 NCAA Division I
Women's College Softball Champion Florida State Seminoles and the 2016 and
2017 NCAA Division I Champion Oklahoma Sooners.
APPROPRIATION CODE AND AMOUNT:
Funds are available for this project in Capital Improvement Project
(PRAF180001) "Eddie C. Moore Softball Complex Renovations".
In response to questions, Parks and Recreation Director Kevin Dunbar said
the item before Council is to award the contract for work Council approved a
few months ago. Staff is looking at a long term opportunity for collegiate
softball tournaments.
7. Engineering
7.1 Approve the Contract for Sale of Real Property by the City of Clearwater, Florida
(Contract) between the City of Clearwater and Equity Lifestyle Properties, Inc. and
authorize the appropriate officials to execute same, together with all other instruments
Page 7
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
required to affect closing. (consent)
The subject property is roughly 425 acres, 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 disposing treated
sludge from the City's wastewater treatment plants. This site was used again
from 2009 to 2014 for discarded dredged material as a part of the Stevenson
Creek Restoration Project.
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 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 any time, upon providing
ninety days' notice. The Contract requires that the city deliver the property free
and clear of the Management Agreement.
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.
December 21, 2017, City Council declared the property surplus for sale through
Invitation to Bid #09-18, whereby the successful bid was required to meet the
terms set by Council. 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 surplus. Accordingly, all qualifying bids were required to meet the
following terms: bid price shall exceed $6,450,000 and the successful bidder
will hold harmless, release and indemnify the City for existing environmental
conditions.
The City received one bid that met the minimum qualifications listed above.
Equity Lifestyle Properties, Inc. submitted a qualifying bid with a proposed
purchase price of$6,500,000.
Consistent with City Charter 2.01 referenced above, staff recommends
approval of the Contract between the city and Equity Lifestyle Properties LLC,
the entity having submitted the highest competitive bid above the appraised
value whose bid meets the terms set by the Council.
Page 8
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
City closing costs will not be available until closer to closing date in
approximately 8 months, or July 2019, and will be deducted from proceeds of
the sale.
Proceeds from the sale will be credited to the Water and Sewer Utilities
System.
7.2 Approve Engineer of Record (EOR) Supplement Work Order 2 to King Engineering
Associates, Inc. in the amount of$110,130 for the East Water Reclamation Facility
Influent Pump Station Rehabilitation (13-0016-UT) and authorize the appropriate officials
to execute same. (consent)
On June 14, 2013, the City Manager approved the initial work order to EOR King
Engineering Associates, Inc. to provide a preliminary design for the rehabilitation
of the East WRF Influent Pump Station in the amount of$35,632.
On December 24, 2015, the City Manager approved supplemental work order
one to provide design of a new influent sewer structure upstream of the Influent
Pump Station as required for the temporary by-pass of the Influent Pump
Station during its rehabilitation in the amount of$23,203.
Supplemental 2 provides for the completion of the rehabilitation design and
bidding services including lining of the existing main from the proposed sewer
by-pass structure to the wet well, a corrosion resistant coating for the wet well,
an improved Fats/Oils/Grease breakup spray water system, odor control
improvements and a new headworks gantry crane for servicing the bar screens
for a new work order value of$168,965.
APPROPRIATION CODE AND AMOUNT:
3277327-561300-96664
Funds are available in capital improvement project 96664, WPC Repair and
Replacement, to fund this work order.
8. Marine & Aviation
8.1 Approve a 2-year renewal to Clearwater Ferry Services Inc., Water Taxi Operating
Agreement, commencing on December 1, 2018 and authorize the appropriate officials to
execute same. (consent)
Based on RFP 34-16, City Council approved the initial Water Taxi Operating
Agreement on November 17, 2016 and Clearwater Ferry Services Inc. (CFS)
has been successfully providing water taxi services connecting downtown
Page 9
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
Clearwater and Clearwater Beach since that time. As provided for in the initial
agreement, subsequent renewals subject to mutual agreement were
anticipated. CFS wishes to continue providing water taxi services consistent
with the initial term without any direct city subsidy.
CFS will continue to utilize the existing ferry landings outlined in RFP 34-16, as
earlier anticipated enhancements and infrastructure upgrades have yet to be
implemented. The General Fund will reimburse the Beach Marina Fund for the
use of slips 149 and 150 which have been taken out of service for use as the
beach ferry landing at a cost of$10,000 a year. CFS will also continue to use
the vessel, Monica's Crossing, purchased with city funds under the original
agreement.
APPROPRIATION CODE AND AMOUNT:
Funds are available in special program 98604, 2016 Clearwater Ferry, to fund
the first year of this agreement. Funding for fiscal year 2019/20 will be
requested as part of the next year budget process.
In response to a question, Marine &Aviation Director Ed Chesney said the
City subsidized the cost the first two years. There no direct subsidy to the
Ferry in this term, other than the continued use of the vessel that was bought
with city funds two years ago. He said there are some costs to the enterprise
fund that support the Ferry, such as minor maintenance costs Marine &
Aviation manages and the beach landings, which are provided by taking
some boat slips out of service.
9. Public Communications
9.1 Authorize a purchase order to Encore Broadcast Equipment, Inc. of Tampa, FL, in the
amount of$153,355.74 for labor and equipment to relocate the broadcast facilities from
City Hall to the Clearwater Main Library, providing for upgrades to the broadcast
equipment, and securing of unused broadcast equipment, in accordance with City Code
of Ordinances 2.564(1)(b) Other Governmental Bids, and authorize the appropriate
officials to execute same. (consent)
City Council authorized staff to vacate City Hall and relocate Council Chambers
to the Clearwater Main Library. The estimate provided includes the costs to
move the broadcast facilities to the Clearwater Main Library, enhance the
broadcast equipment to provide for improved functionality, and remove any
broadcast equipment currently in the city council chambers for storage or reuse
in other parts of the city.
The construction of a new dais accounts for$46,790.59 of the $153,355.74
Page 10
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
quote. This construction will include for a dais which is mobile and if desired
can be moved to a future city council chambers. Those costs can be reduced
by $6,000 if it is determined that the finish of the counter top should be laminate
versus granite, and by another$10,370 if it is determined that the metal railing
and glass partitions which are a part of the design are not desired.
The removal of equipment from the current council chambers will cost around
$8,000 in labor, with many of those costs being for equipment that will be stored
or repurposed elsewhere in the city.
The remaining $98,565.15 is split between $47,565.15 in equipment and
$51,000 in labor. Of the $47,565.15 in equipment costs, approximately $5,000
relates to equipment which supports the status quo. The remaining amount is
focused on four enhancements. It is important to note that many of these costs
are crossover cost and would be shared, so removing an enhancement does
not necessarily mean a full adjustment to the estimated costs.
Power upgrades
The current chambers does not employ uninterrupted power supplies for either
the dais or the equipment supporting broadcasting. $3,000 of the bid provides
UPS systems for all equipment.
Multi Zone Speaker system
The current chambers operate with a single speaker system. This results in
challenges to those in the audience to hear what is occurring without affecting
the council and staff on the dais. Approximately $8,000 supports the upgrades
to this system.
Press Hookup
Currently the members of the media must be in the room with their equipment
and wiring to capture elements of the meeting. This upgrade would allow for the
media members to have their equipment and wiring in the hallway area along
Osceola. $3,000 supports this upgrade.
Enhanced Configuration
The major upgrade relates to equipment related to a change to the configuration
of the dais. The current set up has full functionality for the Mayor, Council, and
CM/CA/DCM/ACM positions, but limited functionality for the clerks' seating.
Additionally, other boards have unique configuration needs, the most extreme
being the code enforcement board. This board often has the need to have a set
up more akin to a court room where witnesses can be questioned. This
enhancement is estimated at $29,000.
Page 11
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
The remaining $51,000 in labor is split between the enhancements and the
status quo items, and it is difficult to estimate the savings in this line item
without choosing to requote the total number.
While this move does include enhancements discussed above, staff has been
advised that this is the time to do such improvements and that they will improve
the experience for all involved.
While the quote for the project to the city is $153,355.74, the net cost to the city
will be closer to $113,355.74, as this project will result in the reuse of a piece of
equipment valued at $40,000 rather than the purchase of that equipment for a
planned fire department project.
The 30-day move will require the Council Chambers to be deconstructed and
reconstructed during a time when there are no televised meetings. This will
occur between mid-December and mid-January. Encore is using pricing from
Hillsborough County Schools Bid #14115 EST.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital improvement project
C1909, City Hall Move, recognizing a budget increase of General Fund revenue
in the amount of$215,000 to fund this project.
USE OF RESERVE FUNDS:
Funding for this project will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$215,000 to capital
improvement project C1909, City Hall Move. Inclusive of this item if approved, a
net total of$578,370 of General Fund reserves has been appropriated by
Council to fund expenditures in the 2018/19 operating budget. The remaining
balance in General Fund reserves after the 8.5% reserve is approximately $9.1
million, or 6.1% of the current General Fund operating budget.
It was suggested that the recording at the Main Library that advises patrons
that facility will be closing not be played while chambers is being used.
In response to a question, Assistant City Manager Micah Maxwell said the
$200,000 in capital costs budgeted for moving City Hall and potential site
improvements will be used for the item before Council.
Staff was directed to take the item off the Consent Agenda.
10. Planning
10.1Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
Page 12
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 505 and 806 Moss Avenue and 3059 Grand View Avenue and pass Ordinances
9207-18, 9208-18, and 9209-18 on first reading. (ANX2018-09018)
These voluntary annexation petitions involve 0.630 acres of property consisting
of three parcels of land occupied by single family homes. The parcels are
located generally north of Drew Street, south of SR 590, and within '/4 mile west
of McMullen Booth Road. The applicants are requesting annexation in order to
receive sanitary sewer service from the City and will be connected to the city
sanitary sewer as part of the Kapok Terrace Sanitary Sewer Extension Project.
The properties are located within an enclave and are contiguous to existing city
limits along at least one boundary. It is proposed that the properties be assigned
a Future Land Use Map designation of Residential Low (RL) and be assigned a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexations are consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The properties currently receive water service from the City. Collection
of solid waste will be provided to the properties by the City. The
applicants have paid the sewer impact fees in full and are currently
awaiting connection to the sewer system. The properties are located
within Police District III and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. Fire and
emergency medical services will be provided to these properties by
Station 49 located at 565 Sky Harbor Drive. The City has adequate
capacity to serve these properties with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexations will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexations are consistent with and promote the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to all properties is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
Page 13
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
density of 5 units per acre. The proposed zoning district to be assigned
to all properties is Low Medium Density Residential (LMDR). The use of
the subject properties is consistent with the uses allowed in the District
and the properties exceed the District's minimum dimensional
requirements. The proposed annexations are therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and
Community Development Code; and
• The properties proposed for annexation are contiguous to existing city
limits along at least one boundary; therefore, the annexations are
consistent with Florida Statutes Chapter 171.044.
10.2WITHDRAWN: Approve the annexation, initial Future Land Use Map designation of
Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 2101 North Hercules Avenue, together with abutting
right-of-way of North Hercules Avenue and pass Ordinances 9204-18, 9205-18, and
9206-18 on first reading. (ANX2018-09017)
This voluntary annexation petition involves 0.181 acres of property occupied by
a single-family dwelling. The parcel is located on the southeast corner of North
Hercules Avenue and Lake Citrus Drive. The applicant is requesting annexation
in order to receive solid waste and sanitary sewer service from the City. The
property is located within an enclave and is contiguous to existing city limits to
the south. The Development Review Committee is also proposing that the
0.125 acres of abutting North Hercules Avenue not currently within the City also
be annexed. It is proposed that the property be assigned a Future Land Use
Map designation of Residential Low (RL) and be assigned a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Lake Citrus Drive
right-of-way. The applicant has not paid the sewer impact and
assessment fees but is aware that they must be paid in full prior to
connection and of the additional costs to extend to the City sewer
system. Collection of solid waste will be provided to the property by the
City. The property is located within Police District III and service will be
administered through the district headquarters located at 2851 N.
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 48 located at 1700 North Belcher
Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The proposed
annexation will not have an adverse effect on public facilities and their
levels of service; and
Page 14
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
• The proposed annexation is consistent with and promotes the following
objective and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is Low Medium Density Residential (LMDR). The
property exceeds the District's minimum dimensional requirements, but
the applicant is currently operating a real estate office out of the house in
a manner that is inconsistent with Pinellas County's home occupation
regulations. While home occupations are allowed in residential districts
in both the County and the City, each jurisdiction has established similar
development standards to preserve the residential nature of a property.
The applicant is aware that upon annexation the use of the property
must comply with the City's Community Development Code, including
the home occupation standards contained in Section 3-1102. The
proposed annexation is therefore consistent with the Countywide Plan
and the City's Comprehensive Plan and Community Development Code;
and
• The property proposed for annexation is contiguous to existing city limits
to the south; therefore, the annexation is consistent with Florida Statutes
Chapter 171.044.
Planner Kyle Brotherton said the property is currently being used as
an office in the county, which is not permitted. The applicant has a
couple of code violations and is currently working with Pinellas County
towards a resolution. He said office uses are not permitted within the
City's residential zoning districts. Mr. Brotherton said the applicant
would have to seek a home occupation use to comply with city code.
The applicant has withdrawn the annexation application.
11. Solid Waste
Page 15
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
11.1Approve a Blanket Purchase Order for various roof repairs and replacements by Quality
Roofing Inc and Garland/DBS Inc, not to exceed $300,000 annually, in accordance with
Sec. 2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the
appropriate officials to execute same. (consent)
A majority of the Building & Maintenance roofing repairs and replacements have
been made by contacting various contractors to obtain quotes or by
piggybacking other entities contracts. Staff is requesting the ability to use
existing piggyback contracts for Quality Roofing Inc. and Garland/DBS Inc. for
various roofing projects throughout the city for the duration of their respective
contract. This will allow the City to benefit from pre-negotiated prices for
various items required.
Piggyback Contracts; City of Tampa #71122115 (Quality Roofing) - expires
February 17, 2020, and US Communities Contract# 14-5903 (Garland/DBS) -
expires December 31, 2019.
The authorizations for sole source and/or piggyback contracts have been
brought to Council each time the source-specific expenditures are expected to
exceed $100,000 within a single year, as required by City code. Flexibility is
requested to allow for expenditure of budgeted funds as needed throughout the
year, in accordance with the intent of this general authorization.
APPROPRIATION CODE AND AMOUNT:
GSBM180003 Roofing Repair and Replacement
11.2Approve a truck scale and baler as surplus, pursuant to Chapter 2 Article VI, Division 4,
Section 2.622 (Clearwater Code of Ordinances); authorize the sale to the highest bidder
and authorize the appropriate officials to execute same. (consent)
The Solid Waste Department is requesting that a truck scale and baling system
be declared as surplus equipment and be available for sale.
Due to the potential value of these items being greater than $5,000.00 Council's
approval is necessary for the disposal through the sale to the highest bidder.
The truck scale from our recently closed Transfer Station will be replaced by
new truck scales that have been included in the scope of the Transfer Station
Rebuild Project. The old scale is fully depreciated.
The baling system from the Recycling Processing Center, was the original and
oldest of two balers that were on that site. It was removed when we needed to
make room on the tipping floor for the increased volumes of single stream
Page 16
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
commodity. The baling system is also fully depreciated.
APPROPRIATION CODE AND AMOUNT:
No funds are required from the FY 2018/2019 Operating Budget of the Solid
Waste Fund or FY 2018/2019 Operating Budget of the Recycling Fund.
Proceeds from the sale of the equipment would be applied to the following
revenue accounts:
• 424-364412 Solid Waste Fund - Surplus Machinery & Equipment
• 426-364412 Recycling Fund - Surplus Machinery & Equipment
11.3Return to service four roll-off trucks and one front-end loading truck (for refuse collection
from dumpsters) that were previously declared as surplus and authorized for sale
Pursuant to Chapter 2 Article VI, Division 4, Section 2.622, and authorize the appropriate
officials to execute same. (consent)
The five vehicles listed below were intended to be removed from service as
their replacements came on-line. Due to the closing of the Transfer Station and
the critical need to retain these vehicles to assist in the direct hauling of waste
to the Pinellas County waste-to-energy plant, the Solid Waste Department is
requesting that Council declare these items as restored to service. Once the
Transfer Station is re-opened (fall or winter of 2019/2020) the vehicles will be
recommended for disposal as surplus equipment.
1. G2787 2003 Sterling Roll-Off Truck
2. G3039 2004 Peterbilt Roll-Off Truck
3. G3277 2006 Kenworth Roll-Off Truck
4. G3278 2007 Kenworth Roll-Off Truck
5. G3618 2008 Peterbilt Front-End Loading Truck
APPROPRIATION CODE AND AMOUNT:
Funds for increased operating costs (fuel and maintenance) are available as
part of the FY 2018/19 operating budget of the Solid Waste Fund:
• 424-02083-540100 (Solid Waste - Commercial Collection - Garage
Services) $32,600
• 424-02089-540100 (Solid Waste - Roll-off Collection - Garage Services)
$220,000
12. Legal
12.1Approve a Legal Services Agreement hiring David Harris, Esq. as outside council to
revise purchasing sections of the Code of Ordinances and the Purchasing Manual for an
amount not to exceed $35,000 and authorize the appropriate officials to execute same.
(consent)
Chapter 2, Division VI, Article III of the Clearwater Code of Ordinances outlines
Page 17
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
the legal requirements for purchases by the city. The provisions of these code
sections are outdated and have not been substantially amended since 1999.
Mr. Harris is an attorney with significant experience in government procurement
and purchasing. He will review the code sections and current Purchasing
manual and ensure they comply with federal and state law and that they are not
in conflict with each other. It is anticipated that this review and revision should
be completed within six months.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100 (Professional Services) to
fund this agreement.
12.2Adopt Ordinance 9170-18 on second reading, annexing certain real properties whose
post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047 Grand View
Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all within
Clearwater, Florida 33759, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions.
12.3Adopt Ordinance 9171-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 3030 Lake Vista Drive, 3059 Merrill Avenue, 3047
Grand View Avenue, 3060 Glen Oak Avenue North, and 3041 Terrace View Lane, all
within Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Residential Low (RL).
12.4Adopt Ordinance 9172-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 3030 Lake Vista Drive,
3059 Merrill Avenue, 3047 Grand View Avenue, 3060 Glen Oak Avenue North, and 3041
Terrace View Lane, all within Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
12.5Adopt Ordinance 9173-18 on second reading, annexing certain real property whose post
office address is 2643 Morningside Drive, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
12.6Adopt Ordinance 9174-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2643 Morningside Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
12.7Adopt Ordinance 9175-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2643 Morningside Drive,
Page 18
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.8Adopt Ordinance 9180-18 on second reading, annexing certain real properties whose
post office addresses are 1251 Sedeeva Circle North and 1923 North Betty Lane, all
within Clearwater, Florida 33755, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions.
12.9Adopt Ordinance 9181-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1251 Sedeeva Circle North as Residential Urban (RU)
and 1923 North Betty Lane, Clearwater, Florida 33755, as Residential Urban (RU) and
Preservation(P)/Drainage Feature Overlay, upon annexation into the City of Clearwater.
12.10 Adopt Ordinance 9182-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1251 Sedeeva Circle
North Clearwater, Florida, 33755 as Low Medium Density Residential (LMDR), and 1923
North Betty Lane, Clearwater, Florida 33755, as Medium Density Residential (MDR) and
Preservation (P), upon annexation into the City of Clearwater.
12.11 Adopt Ordinance 9183-18 on second reading, annexing certain real property whose post
office address is 3108 Johns Parkway, Clearwater, Florida 33759, together with abutting
right-of-way of Johns Parkway, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
12.1 2 Adopt Ordinance 9184-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 3108 Johns Parkway, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Urban (RU).
12.13 Adopt Ordinance 9185-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 3108 Johns Parkway,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.14 Adopt Ordinance 9186-18 on second reading, annexing certain real property whose post
office address is 2444 Sharkey Road, Clearwater, Florida 33765, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
12.15 Adopt Ordinance 9187-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2444 Sharkey Road, Clearwater, Florida 33765, upon
annexation into the City of Clearwater, as Residential Medium (RM).
Page 19
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
12.16 Adopt Ordinance 9188-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2444 Sharkey Road,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Medium
Density Residential (MDR).
12.17 Adopt Ordinance 9196-18 on second reading, annexing certain real property whose post
office address is 2780 North Terrace Drive, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
12.18 Adopt Ordinance 9197-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 2780 North Terrace Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature
Overlay.
12.19 Adopt Ordinance 9198-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2780 North Terrace Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.20 Adopt Ordinance 9199-18 on second reading, annexing certain real property whose post
office address is 600 Moss Avenue, Clearwater, Florida 33759, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
12.21 Adopt Ordinance 9200-18 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 600 Moss Avenue, Clearwater, Florida 33759, upon
annexation into the City of Clearwater, as Residential Low (RL).
12.22 Adopt Ordinance 9201-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 600 Moss Avenue, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
13. City Manager Verbal Reports
13.1 Be Safe, Inc (Coast Guard Auxillary) Capital Funding Request
The City Manager said Treasurer Karen Miller and President Manuel Sosa of
Be Safe, Inc. have requested funding support for some capital needs:
$30,000 for a civil engineer study for an empty lot that could be used for
parking, construction, $50,000 to renew or replace the roof, and $60,000 for
a renewed or replaced HVAC.
Page 20
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
In response to questions, Ms. Miller said funding is primarily received
through fundraising. The Coast Guard Auxiliary program is the primary user
of the building, they are unable to own the building. Pinellas County provided
a $125,000-grant to purchase the building. Mr. Sosa said Deuel Engineering
estimated $100,000 to construct the parking lot. He said Be Safe is willing to
forgo all other improvements for the parking lot. There is not enough parking
to support the activities in the building.
There was council consensus to provide a $50,000 grant.
In response to concerns, the City Attorney suggested a reimbursement grant
for an identified group of improvements. The grant agreement could also be
structured as a matching grant. Deputy City Manager Jill Silverboard said the
grant amount would require a budget amendment from general fund
reserves.
Staff was directed to bring back a grant reimbursement agreement for
$50,000 for the improvements outlined in the request.
13.2Approve the Interlocal Agreement with Pinellas County and the Pinellas Suncoast Transit
Authority (PSTA) to participate and fund an update of the findings of a 2008 study of the
technical feasibility of a joint-use facility and evaluate potential site locations and
authorize the appropriate officials to execute same. (consent)
In 2008, the City and Pinellas County studied the feasibility of a joint-use
city/county facility. City and county staff believe that in order to move forward
with a conversation about the possibility of such a venture and the future of a
number of city and county sites in downtown Clearwater, an update to that 2008
study is needed. This tri-party agreement determines the funding for the update
and the responsibilities of each entity. The City of Clearwater and Pinellas
County will split the cost of the update, with each party funding the study to an
amount not to exceed $37,434.00, for a combined not to exceed amount of
$74,868.00.
The County will be responsible for contracting with the consultant (Williamson
Dacar), managing the contract, and paying all invoices, as well as providing the
City all deliverables.
The City will provide the county with a liaison for the project who will provide
information and pay invoices submitted by the county consistent with the
agreement
All parties to the agreement will also be responsible for providing a professional
Page 21
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
review of the deliverables.
PSTA is a party to the agreement because part of one of the sites being
reviewed is owned by PSTA, however PSTA is not being asked to participate
financially.
APPROPRIATION CODE AND AMOUNT:
Funds are available in General Fund Non-Departmental cost code
0107010-530100, Professional Services, to fund this agreement.
Assistant City Manager Micah Maxwell said in August the County and the
City agreed to a scope of work with Williamson & Dacar**for a not to exceed
amount of$74,868. Pinellas County will lead the effort. PSTA is not a
financial partner, the costs outlined in the agreement will be 50-50 between
the City and the County. The agreement allows the parties to move forward
with the joint-use facility study.
In response to questions, Mr. Maxwell said PSTA's involvement is limited to
the one site being considered that it owns. The work should be completed
within an eight-week period after all parties have agreed. He was not aware
when PSTA or Pinellas County would approve the agreement. The focus of
the agreement is to update the previous study. Considering a mixed-use
facility would increase the scope of work. Staff can propose a mixed-use
facility when they meet with the consultants.
13.3Discuss scheduling a Special Council Meeting on Thursday, November 29 at 2:00 p.m.
regarding Imagine Clearwater.
Assistant City Manager Micah Maxwell said staff is looking at a special
council meeting on November 29 to have a follow up conversation about
Imagine Clearwater and a world class facility. Staff anticipates two hours will
be needed.
The City Manager said staff will provide an update on Imagine Clearwater
and help Council come to terms on what a world class facility looks like so
staff can move on.
There was consensus to schedule the special council meeting on November
29.
Page 22
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
14. City Attorney Verbal Reports
14.1Sunshine Law Issues
The City Attorney said Councilmembers have attended seminars on
Sunshine Law and ethics and asked if there were any questions. She
reminded Council that text messages, whether received on a city-issued or
personal cell phone, must be preserved if related to city business. Staff will
work with each of you on how to preserve the text messages. The issue with
public records is the subject, not how it is received. She said the Sunshine
Law is not modern but requires text messages, social media posts and
emails to be preserved if related to city business.
In response to questions, the City Attorney said personal emails are not
public record. Emails related to city business received on personal mobile
device or personal email are subject to public record. There are jurisdictions
that have stringent rules regarding the use of devices on the dais, with some
prohibiting them. She said the rules address potential Sunshine issues, such
as preservation of correspondence and public deliberation.
A concern was expressed that restricting the use of devices on the dais
may limit future councilmembers to retirees.
The City Attorney said the rule would require devices being turned off for two
hours. There will always be new technology. It is the message that matters,
not the media. The public will send correspondence and not realize it is a
public record. Communications regarding city business must be preserved.
In response to questions, the City Attorney said city social media pages are
being retained. The City is not retaining personal social media pages. The
City Clerk said city related messages received on personal pages should be
forwarded to your city email so that the communication is captured on the
city server. The City Attorney said the public record received via personal
devices is the councilmember's responsibility until it is provided to the City.
15. Council Discussion Item
15.1 Clearwater Historical Society Funding Request - Councilmember Allbritton
Councilmember Allbritton said the City received a funding request from the
Clearwater Historical Society. They are asking for an extension of the
original request for the museum. He requested consideration to fulfill the
funding request.
Discussion ensued with concerns expressed regarding non-profit
organizations requesting funding on a repeated basis. Support was
Page 23
City of Clearwater
Council Work Session Meeting Minutes November 13, 2018
expressed to provide the Clearwater Historical Society with a $36,000 grant
over a three-year period, with the first $12,000-payment from general fund
reserves.
The City Manager said the funding request was received outside of the
budget process. If these types of funding requests are received in the Spring,
staff includes them as part of the budget process in August. He said the
original funding agreement with the Clearwater Historical Society was silent
on funding reoccurrence. Staff will try to offset the first payment within the
current budget.
15.2City Manager/City Attorney Salary Discussion
The performance evaluation discussions for the City Manager and City Attorney
were conducted by City Council at the October 18, 2018 council meeting.
Council discussion concerning salary is conducted at a subsequent meeting.
Discussion deferred to Thursday.
16. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule Il,
Paragraph 2).
Councilmember Hamilton said he was glad the referendum is over but
expressed concerns with the letter by Vice Mayor Caudell published in the
paper on election day.
Vice Mayor Caudell apologized for hurting Cm Hamilton's feelings. We are
here to represent the citizens of Clearwater and, as elected leaders, Council
must move forward.
17. Closing Comments by Mayor
Mayor Cretekos thanked colleagues for their commitment to the city.
18. Adjourn
The meeting adjourned at 10:38 a.m.
Page 24
City of Clearwater