Council Work Session Meeting Minutes February 1, City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL
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1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Monday, February 1, :00 PM Council Chambers Council Work Session Page 1
2 Roll Call Present 4 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito, Councilmember Hoyt Hamilton, and Councilmember Bill Jonson, Vice Mayor Jay E. Polglaze (Arrived 2:05 p.m.) Also Present: William B. Horne II City Manager, Jill S. Silverboard Assistant City Manager, Pamela K. Akin - City Attorney, and 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. Draft 1. Call to Order Mayor Cretekos 2. Presentations Given. The meeting was called to order at 1:00 p.m. at City Hall. 2.1 Final report on Centennial Celebration - Gina Dewitt, Legal Dept. The City celebrated its Centennial throughout The report describes the vision, the process used to implement it, and the outcomes. Ms. Dewitt provided a PowerPoint presentation and introduced the Centennial Committee members. Council and the City Manager thanked them for their assistance on planning several successful events during the past year. 3. Economic Development and Housing 3.1 Fiscal Year Economic Development Strategic Plan Report (WSO) Economic Development and Housing Director Geri Campos Lopez provided a PowerPoint presentation. In response to questions, Economic Development and Housing Assistant Director Denise Sanderson said the incentive policy serves as an umbrella of all the things the City wishes to be considered. Staff anticipates the policy will be completed prior to September. With the shift to a CRA Executive Director Page 2
3 position and a renewed focus in the downtown area as prescribed by ULI, it is not known how that will impact staffing needs for the Economic Development Department. Staff does not anticipate the City leading the strategic marketing plan for entrepreneurship; it is anticipated Pinellas County will lead the effort. Ms. Campos Lopez said the relationship between the Pinellas County Economic Development and the Tampa Bay Partnership is developing; the Partnership s new Executive Director is implementing an advocacy approach. Staff will meet with the Executive Director this week regarding the Partnership s new mission. Ms. Sanderson said a joint strategy within the City is needed for the Hercules Industrial area in order to attract businesses and assemble parcels for large acquisitions. 4. Finance 4.1 Approve settlement of workers compensation claim , for payment of $80, inclusive and authorize the appropriate officials to execute same. (consent) On October 28, 2014, the claimant filed a workers compensation claim under the heart presumption, alleging that his heart surgery was due to his job. The City paid claimant s medical expenses during the investigation period and later denied the claim within the 120 day statute. The claimant and his attorney have agreed to settle this claim for $80,000 inclusive of attorney fees and costs. Under the settlement terms the claim will remain denied and all treatment relating to this occupational injury will continue to be paid under group health insurance. The entire past and future indemnity and medical claims with a general release and all attorney fees and cost would settle per statute for a total settlement of $80,000. The City s Risk Management Division; outside attorney for the City of Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City s Claims Committee recommend approval. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Funds are available in cost code to fund this settlement Page 3
4 5. Parks and Recreation 5.1 Approve contracts (blanket purchase orders) for palm trimming to Blades of Green Inc. of Tampa, FL, in the annual amount of $65,000 (Bid 06-16), Tree Barber of Clearwater, FL, in the annual amount of $65,000, FL (Bid 06-16) and Tucker Enterprise Services Inc. of Clearwater, FL, in the annual amount of $65,000 (Bid 06-16) and two one-year renewal terms at the City's option and authorize the appropriate officials to execute same. (consent) Due to the quantity of palm trees in the city inventory and the timing needed to trim palms before they seed out, staff has broken out the palm-trimming bid into three sections in the city. Staff is requesting that annual blanket purchase orders be approved for the trimming of palms to the following: Blades of Green, Inc. - Clearwater Beach and Sand Key Tree Barber - Memorial Causeway and downtown Trucker Enterprise Services - all sports fields and everything east of Highland Staff recommends award of blanket purchase orders for one year, with two one-year renewal options, based on their successful performance with the City. Funding for these BPO's will come from a variety of operating codes in the Parks and Recreation Department, but primarily the Urban Forestry Code ( ). In response to questions, Parks and Recreation Director Kevin Dunbar said the item before Council is a not to exceed contract amount; work is inspected after completion prior to payment. 5.2 Approve increasing Blanket Purchase Order (BPO ) to Ruth Eckerd Hall, Inc. (REH) by $150,000, from $419,400 to $569,400, to reimburse REH for entertainment for concerts in Coachman Park. The Blanket Purchase Order to REH is the annual funding agreement between the City and REH ($400,000 per year), as well as payment for the operation of the Clearwater Community Chorus ($19,400). The funding agreement was approved on March 1, 2001 and the Clearwater Community Chorus agreement was approved on November 3, Page 4
5 REH has partnered with and is co-producing an event with city staff to bring Brian Adams to Clearwater s Coachman Park for a concert on February 19. Staff is requesting that this BPO be increased by $150,000 to reimburse REH for entertainment contracts they arrange in regard to this concert as well as pay REH $1.00 for each ticket sold for their assistance in advertisement placement (using their buying power savings), technical support, and marketing to their 220,000-eclub members. In addition, staff will be requesting $10,000 support through the annual special events item to cover costs for the 2017 Blast Friday series that is produced by REH. Advanced ticket sales for this concert have already exceeded the breakeven point; therefore, all costs to be reimbursed to REH have been covered. Depending on the success of this concert the City may want to consider entering into additional partnerships in the future. Funding for this increase will come from revenue generated from the concert and placed in Special Events Code In response to questions, Parks and Recreation Director Kevin Dunbar said staff has been discussing additional partner opportunities with REH. The pre-sale tickets for An Evening with Bryan Adams have covered all costs for the event. Staff anticipates there may 3 or 4 events this year. 5.3 Approve co-sponsorship and waiver of requested city fees and service charges for 2016 Nacra 17, 49er and 49erFx World Championships to be held in Clearwater, February 6, 2016 through February 15, 2016, at an estimated in-kind General Fund cost of $3,000 and Parking Fund cost of $1,118. (consent) The was selected to host the 2016 World Championships and Olympic qualifying for the Nacra 17 sail boats. The event will take place in Clearwater from February 6, 2016 through February 15, 2016 in the Gulf of Mexico off Clearwater Beach and Pier 60 as well as the Clearwater Sailing Center. The event will attract approximately 300 competitors from various countries, and attract approximately 55,000 spectators over the nine day event. In addition, the event will be streamed live and broadcast internationally to thousands of viewers. Page 5
6 The event will help promote Clearwater as a sailing venue and destination as well benefit the Clearwater Sailing Center. Unfortunately this event was not included in the list of Co-Sponsored events approved by the Council on April 2, 2015 and according to Council policy any additional requests for money or in-kind support must be approved by City Council. Staff is recommending that the City co-sponsor this event and waive total in-kind costs of $4,118. In-kind activities will include staff time to provide water to docking area, construction and installation of anchors for boats, event assistance and $1,118 of lost parking revenue. These costs can be absorbed with the current operating budgets of the General Fund and Parking Fund. In response to questions, Marine and Aviation Director Bill Morris said the anchors are temporary, which will secure the boats on the beach north of the Sailing Center. The boats will remain in the sand while not in use. Some of the race participants have been in town prior to the holidays. 6. Engineering 6.1 Approve a work order to King Engineering Associates, Inc. Engineer of Record (EOR) in the amount of $472,848 to provide design, permitting and bidding services related to the Northeast Water Reclamation Facility (WRF) Grit Removal, Salsnes Filter and Equalization Project ( UT); and authorize the appropriate officials to execute same. (consent) Northeast Water Reclamation Facility (WRF) experiences daily and seasonal variations in raw sewage flows and pollutant loadings. These variations make operation and control more difficult and costly than treating a more constant rate of sewage flow. A feasibility study conducted by the City showed that the installation of an equalization basin provided more cost effective benefits than comparable in-plant improvements. Because of this, the City has decided to incorporate a 2 million gallon (MG) equalization basin and associated facilities into the treatment process at the Northeast WRF. An existing tank located in the northwest corner of the site will be demolished and a new off-line equalization basin will be constructed in its place. Also, one of the two primary clarifiers recently failed and must be replaced to ensure the City can continue to comply with its Florida Department of Environmental Protection operating permit. Based on its experience at the Marshall St. WRF, the City has elected to replace the primary clarifiers with Salsnes Filters. Sludge produced by the Salsnes Filters can be discharged directly to the digesters without thickening, which also provides operational Page 6
7 cost savings. Lastly, in order to incorporate the Salsnes Filters into the treatment process, it is necessary to retro-fit the existing picket thickeners with new grit removal devices as used at the Marshall St WRF. This new stacked tray grit removal equipment is needed to remove sand and other inert materials so as to both protect the Salsnes filters and to prevent grit and sand from entering the digesters. The picket thickeners that are currently used to thicken sludge from the primary clarifiers would no longer be needed. As such, these tanks can be used for grit removal, as they had been when they were originally constructed. The design phase is anticipated to be complete by December King Engineering Associates, Inc. is one of the City s Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act $472,848 Funds are available in capital improvement project , WPC R&R, to fund this work order. In response to questions, Engineering Manager Rob Fahey said the plant is sized to handle peak flows but that provides some challenges to the operators over the years with boosting chemicals and tweaking systems as the flow maximizes and minimizes. Steadying the variables will improve efficiency. 7. Fire Department 7.1 Approve the agreement between Phillies Florida LLC and the Fire and Rescue Department to provide emergency medical services at Bright House Field for 2016 baseball events as outlined in the agreement, and authorize the appropriate officials to execute same. (consent) The Phillies Florida LLC (Phillies Florida) will enter into an agreement with Clearwater Fire & Rescue (CFR) for the provision of EMS services for the 2016 Philadelphia Phillies spring training game; every 2016 Clearwater Threshers game; and for 10 selected special events designated by Phillies Florida in There will be a mutually agreed-upon method of checking in and checking out Page 7
8 at each game/event for billing purposes at the rate established in the agreement. The minimum time for each event will be four hours. Any time spent at the ball park after those four hours will be compensated at the hourly rate set forth in the agreement and checked against the sign out time by the teams at the ballpark. CFR will provide monthly invoices to Phillies Florida for the services CFR provides pursuant to the agreement, which invoices will be paid within twenty days of receipt. The reimbursement amount in the agreement is sufficient to cover the cost of providing this service. The, to the extent permitted by applicable law, including, but not limited to Section , Florida Statutes, shall indemnify, defend and hold harmless Phillies Florida, and others noted in the agreement. CFR will document any incidents that may occur during the course of the performance of its obligations hereunder and, subject to applicable law, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, and use best efforts to get those treated to sign a medical information disclosure form legally authorizing CFR to provide copies of such documentation to Phillies Florida upon request. The term of the agreement shall be from the date it is signed through December 31, 2016; and either party may terminate as outlined in the agreement. 8. Solid Waste 8.1 Ratify and confirm an increase to the original contract (purchase order) ST to JAM 5:20 of Largo, Florida in the amount of $24,895 for a revised authorization of $137,110 for improvements to the Clearwater beach Recreation Center (CBRC). (consent) The Council approved the original purchase order in the amount of $112,215 for CBRC during the November 30, 2015 council meeting. The construction process in the main hall of CBRC revealed that the existing substrate beneath the vinyl tile removed was in worse shape than anticipated. The scarification process to remove the existing underlayment proved unsuccessful and the manufacturer of the vapor seal would not warranty the moisture barrier seal to be applied under these conditions. The only option to permanently fix the floor is to remove the existing concrete floor and re-pour a new concrete floor. This will allow the required vapor barrier to be installed between the soil and new concrete floor. Authority was given to move forward with the project to adhere to the established construction schedule to allow the CBRC facility to be reopened in time for an event scheduled for March 5, Page 8
9 9. Legal $12, $12, Request authority to institute a civil action on behalf of the City against Kearney Companies, LLC, to recover $1, for damages to city property. (consent) On June 11, 2014, a crew with Kearney Companies, LLC, damaged 3 feet of a 2-inch gas service line with a frontend loader. The cost to repair the gas line was $1, Several letters sent to Kearney Companies, LLC, have received no acknowledgment. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. Funds are available in cost code , to fund this contract. 9.2 Request authority to institute a civil action on behalf of the City against Capital Fiber and Underground Utility Construction, Inc. to recover $ for damages to city property. (consent) On August 1, 2013, a crew with Capital Fiber and Underground Utility Construction, Inc. struck a 1-inch PE service line with a directional drill. The cost to repair the gas line was $ Several letters sent to Capital Fiber and Underground Utility Construction, Inc. have received no acknowledgment. Costs relative to this action will include a $175 filing fee, and fees for service of process of approximately $60. Page 9
10 Funds are available in cost code , to fund this contract. 9.3 Request authority to institute a civil action on behalf of the City against Charmer s Asset Holdings, LLC, to recover $7, for damages to city property. (consent) On August 6, 2013, an employee lost control of a company vehicle owned by Charmer s Asset Holdings, LLC. The driver hit the center median on US 19 South and State Road 580 causing a large amount of concrete debris to be thrown onto the southbound lane of travel. A vehicle traveling south on US 19 struck the concrete debris causing $7, in damage to the vehicle. The company s insurance expired prior to the accident. Demand letters have been sent to Charmer s Asset Holdings, LLC, but no response has been received. Costs relative to this action will include a $ filing fee, and fees for service of process of approximately $ Funds are available in cost code , to fund this contract. 9.4 Request authority to institute a civil action on behalf of the City against Big Tree, Inc. of Central Florida to recover $3, for damages to city property. (consent) On August 8, 2014, employees of Big Tree, Inc. while using a trencher cut a 2-inch PE gas main line at Indian Rocks Road S., Largo FL. Repairs to the gas line cost $3, Demand letters have been sent to Big Tree, Inc. of Central Florida but no response has been received. Costs relative to this action will include a $ filing fee, and fees for service of process of approximately $ Funds are available in cost code , to fund this contract. 9.5 Request authority to institute a civil action on behalf of the City against Ramjack Foundation Solutions to recover $ for damages to city property. (consent) Page 10
11 On August 8, 2014, employees of Ramjack Foundation Solutions cut a 5/8 drisco service line with a ground drill. The cost to repair the gas line was $ Demand letters have been sent to Ramjack Foundation Solutions but no response has been received. Costs relative to this action will include a $ filing fee, and fees for service of process of approximately $ Funds are available in cost code , to fund this contract. 9.6 Request authority to institute a civil action on behalf of the City against Future Works Communications, Inc. to recover $6, for damages to city property. (consent) On August 5, 2014, employees of Future Works Communications, Inc. hit a 4-inch main line with a drill bore. The cost to repair the gas line was $6, Demand letters have been sent to Future Works Communications, Inc. but no response has been received. Costs relative to this action will include a $ filing fee, and fees for service of process of approximately $ Funds are available in cost code , to fund this contract. 9.7 Adopt Ordinance on second reading, annexing certain real property whose post office address is 2161 Burnice Drive, Clearwater, Florida into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 9.8 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2161 Burnice Drive, Clearwater, Florida 33764, upon annexation into the, as Residential Low (RL). 9.9 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2161 Burnice Drive, Page 11
12 Clearwater, Florida 33764, upon annexation into the as Low Medium Density Residential (LMDR) Adopt Ordinance on second reading, annexing certain real property whose post office address is 1234 Carol Drive, Clearwater, Florida into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1234 Carol Drive, Clearwater, Florida 33755, upon annexation into the, as Residential Low (RL) Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1234 Carol Drive, Clearwater, Florida 33755, upon annexation into the as Low Medium Density Residential (LMDR) Adopt Ordinance on second reading, vacating that certain drainage and utility easement lying within the vacated 10-foot alley lying adjacent to the east property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse s Subdivision, as recorded in Plat Book 4, Page 90, Official Records of Hillsborough County, of which Pinellas County was formerly a part Adopt Ordinance on third reading, annexing certain real property whose post office address is 1807 Skyland Drive, Clearwater, FL into the corporate limits of the city and redefining the boundary lines of the city to include said addition Adopt Ordinance on third reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1807 Skyland Drive, Clearwater, FL 33759, upon annexation into the, as Residential Low (RL) Adopt Ordinance on third reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1807 Skyland Drive, Clearwater, FL 33759, upon annexation into the, as Low Medium Density Residential (LMDR). 10. City Manager Verbal Reports 10.1 Beach Traffic Discussion Page 12
13 The City Manager explained this discussion item is the result of a conversation with the Mayor about beach traffic congestion and a free ride proposal from the Clearwater Regional Chamber of Commerce. There are two parts to the item; the first is addressing immediate concerns regarding beach traffic congestion and the second is a longer term perspective and vision of what life will be like when all the hotel construction is complete. In response to a suggestion, the City Manager said Council would benefit from a transportation workshop. He suggested Council look at the Beach by Design access rationing plan. Traffic Operations Manager Paul Bertels reviewed various strategies that have been implemented or can be implemented. Signs on the state road directing traffic to the ferry service were approved today and will be installed shortly. In regards to construction, sites are denied ROW lanes unless they have no other option as the City does not want to lose any lanes on the beach. There is no charge for closing a lane, but there is a charge of $100 per day for the Variable Message Boards to direct traffic. In response to questions, Mr. Bertels said the Memorial Causeway bridge will handle only one type of monorail, the type you see at Disney. The bridge will also handle a Bus Rapid Transit (BRT) which would not take up the entire median on the causeway and the beautiful landscaping would remain. A BRT is the least expensive mode of mass transit with the most capacity to move people. He said one-way pairs on the beach would be the next and easiest thing to do on the north and south beach. A gondola system has engineering and environmental standards to meet but they are located all over the world, including third world countries. In regards to the Chamber s proposal, the City Manager explained that they presented a downtown park and ride program and they were asking for the City to fund the operation. In response to questions, he said the program function is a simple circulating system built around city parking lots in the downtown area. He wanted Council to take time and think about how comfortable they are with taking on the funding responsibility. He said the program is based on free parking in downtown on evenings and weekends. In response to a question, Mr. Bertels said that a wall is the only way to keep pedestrians from crossing the roundabout. Police Aides are present during the spring break period to hold pedestrians back at the cross walks so traffic can flow. The Council recessed from 3:05 p.m. to 3:12 p.m. Page 13
14 11. City Attorney Verbal Reports none. 12. Council Discussion Item 12.1 Council Policy regarding public access to Community Development Board documents - Councilmember Jonson Councilmember Jonson said the CDB documents are currently available but expressed a concern that the notice directs individuals to the office and not on the web. He suggested a policy be established stating the documents be made available to the public five days prior to the meeting. The City Manager said staff is working on improving the online access to the document. He expressed a concern with the 5-day suggestion because the CDB agenda may undergo several revisions prior to the meeting. The City Clerk said staff has been able to hyperlink the agenda so that individuals are directed to the item in Accela. The meeting notice is published as required by law and the meeting agenda and documents are accessible to the public. It was stated that staff was given an opportunity to address the accessibility of CDB documents. In response to a suggestion, the City Clerk said the meeting notice will be amended to reflect that documents are also available online Coordination of Public Transit Issues in Clearwater - CM Jonson Councilmember Jonson said he was proposing to establish a policy on transportation issues. It was said that staff and Council have determined that a special transportation meeting will be held in the near future House Bill Mayor Cretekos Assistant City Attorney Laura Mahoney said the changes were prompted by the ULI study and the Council s desire to move forward with the bluff master plan. She explained that the bill language would remove the prohibition of carnivals and shows and limitations that land be used for parks and recreation, etc. and would release the reverter provision. This bill does not affect any of the charter restrictions. If the bill is passed by the legislators, Clearwater voters will be able to vote at referendum to lift restrictions. Coachman Park is not part of this bill. The City Attorney said the charter restrictions are more restrictive than the special act. Page 14
15 13. 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 1, Paragraph 2). None. 14. Closing Comments by Mayor None. 15. Adjourn The meeting adjourned at 3:33 p.m. Page 15
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