01/14/2008
CITY COUNCIL WORKSESSION MINUTES
CITY OF CLEARWATER
January 14, 2008
Present: Frank Hibbard Mayor
John Doran Vice-Mayor
Carlen Petersen Councilmember
George N. Cretekos Councilmember
Paul Gibson Councilmember
Also present: William B. Horne II City Manager
Jill S. Silverboard Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 1:30 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Presentations
Service Awards
Four service awards were presented to City employees.
Scott Batten, Public Utilities, was presented the January 2008 Employee of the Month
award.
FSAWWA Distribution System Award presented to Glenn Daniel
The Council recessed from 1:37 to 2:08 p.m. to meet as the CRA (Community
Redevelopment Agency) and Pension Trustees.
Development and Neighborhood Services
Increase the award of contract with Quorum Services, Tampa, Florida, for building inspection
and building plans review services to a total award of $250,000 through September 30, 2008;
and that the appropriate officials be authorized to execute the same. (consent)
The City Manager awarded a contract in the amount of $100,000 to Quorum Services for
building and inspection services through September 30, 2008. Inspection requirements have
exceeded original expectations and approved budget. Quorum Services can provide on site
personnel to handle multiple inspections per day required of larger projects and provide a "fill in"
for City inspectors/disciplines who may be unavailable due to vacations, sick leave, etc. The
firm also can handle weekend and nighttime inspections more consistently than current staffing
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levels can accomplish. By having Quorum do these multiple inspections, regular staff is free to
address the varied workload that other jobs present.
Quorum has proven to be reliable and competent. The firm is open to City quality
control follow-up inspections and easy to work with as staff addresses a myriad of construction
related issues. The firm’s assistance has allowed staff to keep the large projects running
smoothly and on time. Recent economic conditions have demonstrated a need for additional
staffing/ scheduling on the large projects as they now have a tendency to be more aggressive.
Staff experience with a current project is requiring staffing 24 hours per day 7 days a week;
Quorum is assisting with this job site.
Funding in the amount of $150,000 is available for this contract in the Development
Services Department 2008 operating budget. The balance of the contract in the amount of
$100,000 will be provided by a first quarter budget amendment allocating the funds from
General Fund retained earnings. It should be noted that in FY (Fiscal Year) 2006/07, the
Development Services Department returned operating savings of approximately $108,000 to the
General Fund reserves.
In response to questions, Development & Neighborhood Services Director Jeff
Kronschnabl said the contract is pay as you go. Budget Director Tina Wilson said last year the
department collected money from applicants and placed it in retained earnings to spend this
year. Due to a reduction in current building permits, she expected next year’s contract would be
less extensive.
Staff will provide an estimate of the number of work hours anticipated during the contract
period.
Parks and Recreation
Award a contract to Oakhurst Construction of Seminole, Florida, Bid 07-00044PR, for the sum
of $606,873.15 (which includes base bid, Alternate 6, 7 and 5% contingency), for the renovation
of the Clearwater Beach Recreation Center to accommodate the Beach Library and authorize
the appropriate officials to execute same; and funds of $216,873.15 be transferred from retained
earnings of the general fund at first quarter to CIP 315-93265; and approve Alternate 1 for an
additional $64,000 with additional funds coming from retained earnings. (consent)
On September 6, 2007, the City Council approved establishing a new Capital
Improvement Project (CIP 315-93265) for $490,000 to renovate the Clearwater Beach
Recreation Center to accommodate the functions of the Clearwater Beach Branch Library. The
Beach Library has moved out of “Pelican Walk” and currently is operating out of a temporary
trailer in the parking lot west of the recreation center. This is a priority project and staff is
attempting to have the renovations completed as soon as possible in order to move the library
from its temporary location to the recreation center no later than May 2008.
This contract will provide for the demolition of certain areas and then the labor and
materials to renovate the existing building to include an additional 1,200 square-feet for the
library, improved fitness room, storage, and expanded kitchen area. Alternate 6 and 7 should
have been included in the base bid and are necessary for the project. Alternate 6 provides a
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separate air-conditioning system needed to protect the books in the Library. Alternate 7
provides additional millwork to construct the front counter area for the Library.
In addition, staff is recommending an additional expenditure of $64,000 to complete
Alternate 1, which would provide for upgrading the glazing to bring existing windows up to
current code, flood proofing, and provide additional windows in the multi-purpose room to take
advantage of the waterfront views.
It should be noted that if Alternate 1 is eliminated, Gilbert and Brothers is the lowest bid
by $150.
Staff was first informed that there was a limit of $390,000 that could be used for building
renovations due to FEMA (Federal Emergency Management Association) regulations.
However, since then, staff has discovered that FEMA regulations do not apply to this building
since flood proofing had been provided.
Parks & Recreation Director Kevin Dunbar said the entire project should be completed
by late August. The facility’s sign is under production and staff will confirm its installation date.
No additional signage will appear on the temporary trailer. When completed, Assistant Library
Director Eleanor Scharf said branch staff would be reduced to 1.5 FTEs (Full Time Equivalents).
Mr. Dunbar will report on the facility’s number of Parks & Recreation FTEs.
Solid Waste/General Support Services
Award a Contract (Purchase Order)for $351,387.00 to Rush Truck Center of Tampa, FL for
three Peterbilt Model 320 Chassis in accordance with Sec. 2.564(1)(d), Code of Ordinances -
Other governmental bid, authorize lease purchase under the City's Master Lease Purchase
Agreement and authorize appropriate officials to execute same. (consent)
These trucks will be purchased through the Florida Sheriff's Association & Florida
Association of Counties Contract 07-15-0827 and quote dated December 27, 2007. The trucks
will replace G2306, G2307, and G2308 in lieu of G2420. Since G2420 (Front Loader) is
capable of operating another year, G2308 is substituted due to condition and age. These trucks
are included in the Garage CIP Replacement List for Budget Year 2007/08.
The refuse bodies for these chassis will be purchased from a different vendor under a
separate purchase order. Estimated annual operating costs include debt costs of $77,710 and
garage charges of $30,000.
AND
Award a contract (Purchase Order) for $266,484.00 to Container Systems and Equipment of
Daytona Beach, FL for three Wayne Curbtender Automated Side Loader Bodies in accordance
with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase
under the City's Master Lease Purchase Agreement and authorize appropriate officials to
execute same. (consent)
These Refuse Bodies will be purchased through the Florida Sheriff's Association &
Florida Association of Counties Contract 07-15-0827 and quote dated December 10, 2007.
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These Bodies will be attached to the Peterbilt chassis purchased under a separate Purchase
Order and delivered to the City. These bodies are included in the Garage CIP Replacement List
for Budget Year 2007/08 and replace G2306, G2307 and G2308. G2308 will be replaced in lieu
of the scheduled G2420 for FY 2007/08.
These trucks will be used by Solid Waste to collect residential refuse. Estimated annual
operating costs include debt costs of $58,940 and garage charges of $30,000.
Assistant Director of Solid Waste/General Services Rick Carnley said staff is stretching
the use of current vehicles. Newer trucks last longer, with use generally increasing from five to
six years as front line and from two to three years as backup. Other municipalities and private
companies have similar experiences.
The Council recessed from 2:43 to 2:56 p.m.
Public Utilities
Approve the Declaration of Cooperation of the Tampa Bay Nitrogen Management Consortium of
the Tampa Bay Estuary Program. (consent)
The Tampa Bay NEP (National Estuary Program) has identified restoration of
submerged seagrass beds in Tampa Bay as a top priority goal and an indicator of sustained
recovery of the Tampa Bay Estuary. The seagrass is among the most important habitats
because it serves as shelter, nursery, and food source for a diverse variety of species and
stabilizes the bay bottom. The key to restoring the seagrass is improving and maintaining
adequate water clarity that allows light to penetrate into the shallow waters where seagrasses
grow. And the key to maintaining water clarity is preventing excessive nitrogen – a nutrient
necessary for plant growth – from entering the bay and stimulating the growth of microscopic
algae that cloud the water and prevents light from reaching the seagrasses.
The City holds EPA (Environmental Protection Agency)/FDEP (Florida Department of
Environmental Protection) National Pollution Discharge Elimination System (NPDES) permits for
regulated discharges into Tampa Bay of wastewater treatment plant effluent and municipal
stormwater that contribute to the total nitrogen “load” on Tampa Bay. As environmental
stewards of Tampa Bay, the City participates with the NEP on both the Policy Committee and a
unique public/private partnership known as the Tampa Bay Nitrogen Management Consortium
(NMC) to develop a comprehensive conservation and management plan to restore and protect
the natural resources of Tampa Bay. Additionally, in 1998 the City was a signatory of “A
Resolution of the Tampa Bay Nitrogen Management Consortium Adopting the 1995-1999
Nitrogen Management Action Plan and Committing to its Implementation.” The Declaration of
Cooperation of the Tampa Bay Nitrogen Management Consortium attachments include History
of Tampa Bay National Estuary Program and Nitrogen Management Consortium (NMC); the
2007 Reasonable Assurance Update; and November 6, 2007, letter to the NEP from the EPA.
The “Resolution of the Tampa Bay Nitrogen Management Consortium Adopting the 1995-1999
Nitrogen Management Action Plan and Committing to its Implementation” was signed by the
City in 1998.
The FDEP, EPA, NMC and other NEP partners want to continue the success of the
collaborative nitrogen management strategy spearheaded by the NEP and NMC. At the same
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time, the regulated members of the Consortium recognize the duties of FDEP and EPA to
administer the environmental regulations for which they are responsible, and that regulatory
agencies may not issue discharge permits without limitations that ensure compliance with the
total maximum nitrogen load recognized by EPA. The “Declaration of Cooperation” is the
commitment of the NMC to work together over the next 18 months to provide FDEP with an
updated Reasonable Assurance Document based upon an Assessment and Allocation Report.
Each NMC member pledges to participate in the funding of the report at a cost not to
exceed $5,000 per member. The partners commit further to develop an equitable allocation of
responsibility for achieving nitrogen reduction targets. The amount of nitrogen discharge
allocated to each municipal and industrial facility will take into consideration expected growth in
population and/or demand. The NMC members accept that the agreed upon allocations of
nitrogen load, after being accepted in final form by FDEP and EPA, will be the basis for future
permitting of discharges from municipal and industrial facilities.
Assistant Public Utilities Director Janice Bennett said 21 members have committed to
presenting this request to their individual boards. If the consortium fails to conduct the
Assessment and Allocation Report, FDEP and EPA will complete the report and allocate
nitrogen reduction targets.
Engineering
Approve a three-year Vegetation Control & Lake Maintenance Contract to Biological Research
& Associates (BRA) in the estimated amount of $475,000 and authorize the appropriate officials
to execute same. (consent)
A RFP (Request for Proposals) (RFP 02-08) produced five qualified bidders who were
later interviewed, then rated and ranked by City staff. The review staff comprised members
from Engineering/Environmental/Stormwater, Parks & Recreation, and Public Services. This
contract will be evaluated and renewed annually for up to three years.
This contract will include the City's two large environmentally sensitive stormwater
facilities, Kapok Park and Glen Oaks Park. BRA (Biological Research & Associates) holds the
existing contract and was ranked highest of the respondents. The high ranking was due largely
to the firm’s past performance record and expertise in mitigation monitoring. The first year
award will be in the amount of $138,118. Due to the completion of other Capital Projects (Lake
Bellevue and Alligator Lake), costs are expected to increase in years two and three of this
contract.
In response to questions, Environmental Manager Ed Chesney said the three-year
contract is renewed annually based on performance. The contract covers the City’s large
mitigation sites and allows other sites to be added/deleted as necessary. Removing trash from
the sites will be added to the new contract. The contract will help the City meet its commitments
to maintain new plant materials as mitigation projects come online. City Engineer Mike Quillen
said the contract consolidates several projects. Last year the City spent $90,000 to maintain
stormwater facilities other than Kapok Park and Glen Oaks Park. Plans and specifications are
being finalized for the remainder of the Stevenson Creek project.
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Official Records and Legislative Services
Reappoint Ron Whitcomb to the Parks & Recreation Advisory Board with the term expiring on
January 31, 2012. (consent)
Concern was expressed regarding Mr. Whitcomb’s absences. Staff will confirm the
number of absences.
City Manager Verbal Reports
Dock Ordinance
Marine & Aviation Director Bill Morris reviewed rules regarding the extension or length of
docks into the waterway for residential and commercial development. The City’s dock
ordinance parallels County rules; docks cannot exceed 25% width of the waterway. Approval of
docks extending 25% across a waterway may be granted after DRC (Development Review
Committee) or CDB (Community Development Board) review. Applicants can appeal to the
County if the City denies a dock request.
Discussion ensued. Concern was expressed that longer docks are being requested to
berth larger boats. It was recommended that the City request the County to change its
restrictions specific to Mandalay Channel and that appointing a Task Force be considered. It
was stated the County has overruled more restrictive municipal dock codes.
Consensus was for Council representatives to address this issue at the February
Mayors’ Council and BIG-C (Barrier Islands Governmental Council) meetings. Assistant City
Manager Jill Silverboard recommended inviting a County Water and Navigation representative
to the BIG-C meeting.
Council Discussion Items
MBIA Bond Rating Agency - Councilmember Gibson
In response to questions, Finance Director Margie Simmons said MBIA Bond Rating
Agency problems will not affect the City’s credit rating. Assistant Finance Director Jay Ravins
said based on current trends, municipalities are obtaining comparable rates without getting
insurance. Staff will consider if insurance is worth the cost. It was recommended that staff
begin the process of finding a suitable replacement for MBIA.
Sandwich Board Signs - Councilmember Gibson
Planning Director Michael Delk said downtown merchants were notified that
streetscaping construction was ending and that sandwich board signs, allowed during the
project, would have to be removed.
Discussion ensued. It was noted that merchants had reported increased sales when
signs were displayed. Concerns were expressed that sandwich board signs could not be limited
to downtown and the City could not regulate sign content.
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Assistant Planning Director Gina Clayton said sandwich board signs will not be needed
once wayfinding signs are erected. In addition to major signage, restaurants can affix menu
signs to their buildings. Allowing additional hanging signs is being discussed. Staff will report
on the cost of erecting signage for each downtown block.
US 19 and Enterprise Interchange - Mayor Hibbard
The Mayor said FDOT (Florida Department of Transportation) is considering eliminating
this project from the 5-year work plan. Concern was expressed that reducing planned US 19
improvements will hinder efforts to upgrade the highway. A PowerPoint presentation is
scheduled for Thursday.
Red Roof Inn – Beach Walk
It was stated that Martin Cole, owner of the Red Roof Inn, had requested that some
Beach Walk components be removed due to his concerns that five planned palm trees would
block gulf views from hotel rooms, that the Beach Walk entrance sign blocks his hotel signage,
and that people congregating on nearby seat walls would disturb hotel guests.
In response to questions, Building Construction Manager Perry Lopez said the gateway
plaza at the south end of the Beach Walk promenade is almost 90% complete. Landscape
Architect Tim Kurtz said the Medjool palms, which were selected to frame the Beach Walk
entrance sign, have been purchased and delivered.
Discussion ensued. Concerns were expressed regarding individuals sitting on the wall,
police enforcement of rules in the area and project components not properly vetted by public or
merchants. It was stated that the Police Department is developing a policing plan for the beach
and that staff has spent hundreds of hours with beach residents and merchants reviewing
project plans.
In response to a question, the City Attorney said the hotel owner must meet with staff to
determine if a sign variance is possible. Staff will report on the cost to modify the seating cap.
Other Council Action
Councilmember Cretekos said the Mayor is working with the MPO (Metropolitan
Planning Organization) to fund an upgrade to the unattractive downtown section of the Pinellas
Trail.
Adjourn
The meeting adjourned at 5:20 p.m.
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