07/12/1999
CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
July 12, 1999
Present: Brian J. Aungst Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also Present: Michael J. Roberto City Manager
Richard L. Hedrick Deputy City Manager
Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The meeting was called to order at 1:02 p.m. at City Hall.
Service Awards
Eight service awards were presented to City employees.
Discussion re Budget & Consultants
The City Manager reviewed department presentations of their budgets to the
Commission. A full budget will be available for review prior to Thursday’s decision regarding
the millage rate for TRIM notices.
The City Manager referenced a recent newspaper article regarding his hiring City
consultants. He said the consultants had provided detailed information necessary for the City
to accomplish its goals, meet the Commission’s Vision, and enhance in-house talent. Setting
the direction for redevelopment and neighborhood focus required much time and effort.
Recent economic development projects are valued at $100-million. The internal organization
has been reoriented and trained. Most future consultant needs will be limited to bridge
construction and library design. He said he had succeeded in fulfilling his mission.
The City Manager was complimented for providing necessary momentum. While it was
agreed consultants are needed for large projects, concern was expressed the City Manager
had not informed the Commission regarding many consultant contracts. It was felt the
Commission should not have to depend on the media to learn controversial information. It was
recommended an ordinance be drafted requiring the City Commission to be alerted before any
consultant is hired, except for emergencies. The City Manager said to produce the results
envisioned by the Commission, it was necessary to supplant staff with exterior talent. He will
enhance communication with the Commission. Concern was expressed after the Commission
had rejected contracting services by a Dunedin firm, the City Manager had approved several
contracts with that firm.
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It was recommended this issue be agendaed for further discussion after the budget is
finalized. Concern was expressed many contracts for amounts just under the monetary
threshold requiring Commission approval appear to have been negotiated to avoid
Commission intervention. It was felt such actions undermine the trust of the Commission and
citizens.
It was reported many residents had expressed concern regarding the budget process.
It was stated the Commission should not be faulted because staff based the preliminary
budget on approval of a controversial fire fee. It was agreed the Commission needs to be
updated regarding all important issues but the City Commission should not micro manage the
City. Rather than an ordinance, it was recommended the policy be amended to require the
City Manager to apprise the Commission regarding every consultant contract. It was
requested that consulting costs be tallied and reported.
The Commission recessed from 1:24 to 1:27 p.m. to meet as the Pension Trustees.
PUR PURCHASING
one 1999 GMC Model C7HO42 chassis
Fountain Motor Company, d/b/a King Truck Center,
with National Crane Model 228 crane, $80,800; funding to be provided under City's Master
GSS
Lease-Purchase Agreement ()
precision solar control signal lamps
Anacom Inc., for installation on Gulf to Bay Blvd.,
PW
estimated $45,000 ()
cypress wood chips
Florida Green Resources, to be used in parks and recreation facilities
QOL
throughout City, 08/01/99-07/31/00, estimated $50,000 ()
dance, baton & gymnastic
Penny's School of Dance, Baton and Gymnastics, Inc.,
instruction
at Morningside & Countryside Recreation Centers, 07/16/99-09/30/00, estimated
QOL
$30,000 ()
restroom / shelter building
Oakhurst Construction, labor & materials for construction of at
QOL
Eddie C. Moore West Complex, $188,099.56 ()
25 street lights & poles
Florida Power, rental, maintenance & power for to be used at Cherry
QOL
Harris Park, 08/01/99-90/30/05, estimated $50,000 ()
pond maintenance
Armstrong Environmental Services, including nuisance & exotic vegetation
control service for all City lakes, ponds & channels, 07/16/99-09/30/02, estimated $90,000
PW
()
new pumps & repair service for existing pumps
EK Phelps and Company, used throughout
PW
City at all lift stations, 07/16/99-12/31/00, estimated $145,000 ()
pump & motor repair
Tampa Armature Works, Inc., for PW/Waste Water, 07/16/99-12/31/00,
PW
estimated $50,000 ()
continued legal services in previously approved
Thompson Goodis and Thompson,
litigationCA
, 07/16/99-09/30/99, estimated $30,000 ()
surplus
Declare to City needs and authorize disposal through trade-in or transfer to Solid
Waste the following: Trade Design Jet 650C, Model HP 1055CM Plotter (trade-in)(PW) and
Unisys A4F mainframe, MD8-4 external disk, and PE tape drives & miscellaneous supporting
equipment (transfer)(GSS)
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Purchasing Manager Bill McKibben said the Commission must approve all contracts
greater than $25,000. After paying off the streetlights and poles during the 6-year contract,
the City will only pay electricity costs at Cherry Harris Park. Solar control signal lamps have a
10 - 15 year life. The City has installed them at the Old Coachman/Gulf-to-Bay intersection
and plans to install them at five intersections.
The City Attorney said the legal services contract is related to Crouch litigation and the
amount refers to all case related costs. The full amount will not be spent prior to October 1,
1999.
BU BUDGET
Set TRIM Millage Rate - Adopt tentative millage rate of 5.7158 mills for Fiscal Year 1999/00
and set Public Hearings on the Budget for 09/14/99 & 09/28/99 to be held no earlier than 6:00
p.m.
In accordance with the TRIM Bill process, it is necessary for the City Commission to
adopt a tentative millage rate prior to finalizing and adopting the budget. The tentative millage
rate will be included in the TRIM bill notices sent to taxpayers in early August and cannot be
increased without a special mailing. The City Manager’s recommended millage rate of 5.7158
mills is an increase of .6 mills over the current rate of 5.1158 mills.
It was stated the City Commission must have sufficient time to review and analyze all
budget details before considering an increased TRIM rate. Budget Director Tina Wilson said
the Code requires the City Manager to present a budget 60 days prior to the end of the fiscal
year. A list of proposed cuts was requested, including explanations. Ms. Wilson estimated
increased property values will generate $3.6-million. Deputy City Manager Rick Hedrick said
the Commission would receive all necessary budget documents before Thursday. Ms. Wilson
said this is the first time staff had produced a programmatic budget listing line items. Concern
was expressed consultant costs cannot be identified.
Staff will provide lead sheets with budget assumptions, a synopsis of City costs to do
business, and a review of salary increases, including merit raises and those negotiated by the
unions. Ms. Wilson said all departments, except police, had submitted zero growth budgets.
The police budget included union negotiated salary increases.
FN FINANCE
workers' compensation indemnity claim
Authorization to settle of Samuel McBride for
$200,827
On February 25, 1986, Claimant, a former Public Works Department employee,
sustained a work-related back injury, entitling him to Workers’ Compensation indemnity and
medical benefits, and also a work-related City disability pension in the amount of $1,358.05,
payable monthly. At that time, a City pension ordinance precluded an employee from receiving
a work-related disability pension and workers’ compensation disability benefits. In 1989, the
Florida Supreme Court decision in Barragan v. City of Miami rendered that ordinance invalid.
The City took over this claim from Gallagher Bassett and started handling the claim in-house in
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1996. Neither Gallagher Bassett nor the City has paid disability benefits to the Claimant
subsequent to the Barragan decision.
It has been determined that Claimant qualifies for workers’ compensation permanent
total disability benefits retroactive to June 11, 1991. Using the pension offset, the present
value of back benefits is $167,000, and future benefits, based on Claimant’s life expectancy,
are $114,000, for a total claim value of $281,000. Claimant has agreed to settle his
entitlement to past and future disability benefits, for $200,867, subject to City Commission
approval. The City’s excess insurance carrier will reimburse approximately $150,000 of the
$200,827. Claimant’s entitlement to future medical benefits will remain open. The City will be
entitled to future reimbursement from the excess carrier for all medical benefits paid Claimant
as the City’s self-insured retention has been exceeded.
Risk Manager Jon Marcin said the central insurance fund will reimburse City costs.
This agreement also settles future liabilities. He felt the City had settled all similar claims.
TR TOURISM
Special Events Grants Funding Program
Approve recommendations for , granting a total of
$50,000 to ten Clearwater non-profit organizations for new special events or enhancements to
existing special events
The Special Events Grant Funding program assists non-profit organizations in creating
or improving special events. The $50,000 program awards a maximum of $10,000 per event.
Funding requires a 50/50 match of which half must be cash. Events previously funded by this
program required a 100% match of which 50% must be in cash. City services, if requested,
are part of the grant-funding request. Funding is for events between October 1, 1999 and
September 30, 2000.
Recommended funding: 1) $7,000 - Greater Clearwater Public Library Foundation, Inc.
– Folk Arts Festival; 2) $6,800 – Sunstate Opera Society – Opera in the Park; 3) $6,700 – The
th
Long Center – 10 Year Anniversary Celebration; 4) $6,700 – Sunsets at Pier 60 Society –
Week Night Entertainment; 5) $6,600 - Clearwater Marine Aquarium – Romance with the Sea;
6) $6,200 – PACT, Inc. (Ruth Eckerd Hall) – Chocolate Nutcracker ’99; 7) $4,000 – Florida
West Ballet, Inc. – Bagels & Ballet; 8) $2,700 – YWCA of Tampa Bay – Historic Home Tour of
Harbor Oaks; 9) $1,800 – The Haven of RCS – Alice in the Magic Garden; and 10) $1,500 –
Foundation Village Neighborhood Family Center – Center Grand Opening.
It was felt all 11 applications should have received some funding. Tourism Director
Jean Sherry said one applicant had omitted mandatory information. It was said the City should
not "nit pick" and deny funding to less sophisticated organizations. The City Manager said
staff had hosted a workshop on the application process. Concern was expressed the City
already provides substantial funding to some of these organizations. Ms. Sherry said these
grants are not recommended for next year's budget.
purchase of advertising
Approve release of funds to Miles Media Group for in the 2000 Visit
Florida Vacation Planner and the St. Petersburg/Clearwater Area Visitor Guide, in an amount
not to exceed $35,000
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Miles Media Group publishes visitor guides for Visit Florida (State tourism) and the CVB
(St. Petersburg/Clearwater Area Convention & Visitors Bureau) for County tourism. For the
past three years, the City has advertised in these guides. Visit Florida distributes 1-million
vacation planners in North America and prints 0.3-million planners in six languages for
international distribution. In 1998, Clearwater ranked #15 out of 254 advertisers and #1
among full-page destination advertisers for the number of specific information requests
received. The St. Petersburg/Clearwater Area Visitor Guide has a domestic and international
circulation of 0.5-million. Of 179 advertisers in 1998, Clearwater ranked #1 in the number of
specific and total advertising responses.
Total costs of $31,673 are based on full page, full color advertisements at net rates
inclusive of available discounts: 1) Visit Florida Vacation Planner - $25,727 and 2) St.
Petersburg/Clearwater Vacation Guide - $5,946.
Concern was expressed the City is required to purchase advertising in the CVB
vacation guide when the City is the CVB’s single largest bed tax producer. Ms. Sherry said the
State's guide is distributed to qualified recipients through State advertising.
PW PUBLIC WORKS
street lighting at US 19N/Drew StreetRes.
Joint Project Agreement with FDOT, interchange;
#99-30
- authorizing execution of agreement
The City and FDOT (Florida Department of Transportation) have agreed to enter into a
JPA (Joint Project Agreement) for street lighting at the SR 55 (US 19N) and Drew Street
interchange. Interchange lighting is important for public safety. FDOT will be responsible for
design and installation of the lights. The City will be responsible for light maintenance and
payment of energy costs. It is estimated annual maintenance and electric costs should not
exceed $17,000. Should liabilities arise from a claim for damages, the City will indemnify
FDOT from claims resulting from City negligence, and FDOT will indemnify the City from claims
resulting from FDOT negligence. This agreement ensures the sovereign immunity of the City
pursuant to Chapter 768.28, Florida Statutes.
Public Works Administrator Rich Baier said while the City does not feel responsible for
this expense, staff recommended approval in consideration of the City's working relationship
with FDOT. The overpass project is scheduled to commence in March 2000.
The Commission recessed from 2:17 to 2:36 p.m.
Industrial Pretreatment Program
Approve amendments to Code related to establishing an ;
Ord. #6393-99
First Reading - relating to wastewater collection, deleting Sec. 32.211-32.224
and adopting Industrial Pretreatment Ordinance by reference; and approve interlocal
agreement
with Safety Harbor
FDEP (Florida Department of Environmental Protection) was delegated by USEPA
(United States Environmental Protection Agency) to administer the Statewide IPP (Industrial
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Pretreatment Program). FDEP is the approval authority for all local IPPs. IPP goals are to
protect: 1) the infrastructure collection system, pumping system, and treatment plants; 2) staff
and citizen safety; 3) reclaimed water and sludge from harmful materials; and 4) to prevent the
pass-through of harmful materials to the environment. All Wastewater Treatment Facilities,
which provide reclaimed water to public access facilities, must develop a pretreatment program
unless they can demonstrate the public utilities have no significant industrial users. The City
has identified categorical, significant, and minor industrial users in the City.
Public Utilities Director Kevin Becotte reviewed program goals and benefits. Permits
will be required for: 1) sheet metal fabricators; 2) metal finishers; 3) chemical manufacturers;
and 4) plastics manufacturers. Significant industrial users, which produce more than 25,000
GPD (gallons per day), include hospitals, medical labs, linen supply services, and
manufacturers of optical instruments, lenses, and circuit boards. Minor industrial users, which
also could harm the City’s treatment process, include plastics, printing, electronics, dental labs,
dry cleaners, and photo finishing.
To cover enforcement costs, staff recommends no charges during the first year. An
annual $300 fee would be initiated in Year 2. In Year 3, staff recommends issuing two-year
permits for $600 plus half of the appropriate surcharge. During Year 4, affected companies
would be operating under two-year permits but would pay the full surcharge. At that point,
staff recommends a review and update of the ordinance. The City will maintain an issue-
related web site, contact affected businesses, and schedule public workshops. It is estimated
the City will issue 29 permits. With annual program costs estimated at $232,000, permits
would have to cost $8,000 for the program to be self-sufficient.
Mr. Becotte said FDEP wants to focus on significant users first. Public safety is the
program's main issue. Dangerous solvents in the system impact the treatment process,
discharge, and reclaimed water. Mr. Baier said surcharges would solve inequities associated
with a common fee. The water treatment plants are receiving noxious materials and grease.
In the future, more industries may be affected. Mr. Becotte said the City of Safety Harbor is
working in tandem with the City. A sampling site will be established. Improvements to water
being processed will lower treatment costs. The program is designed to charge more for users
who discharge harmful chemicals. Staff also is considering a restriction on dumping grease
now that Pinellas County has passed a similar ordinance.
Mr. Becotte said dry cleaners and hospitals use a separation process before discharge.
Staff will perform on-site investigations. Businesses that discharge harmful chemicals into the
waste stream will require permits. Program costs above fees and surcharges will be funded by
the sewer fund. An estimate of surcharges was requested. If the City does not establish this
program, the EPA will do so and fine the City.
Sanitary Sewer System Evaluation & Self-Audit,
Contract to Tampa Bay Engineering for
Phase II
, $1,996,253
Clearwater is conducting a Sanitary Sewer System Evaluation and Self-Audit to
eliminate overflows during heavy rainstorms and to comply with a USEPA request. Phase II
will monitor flows, develop a model to determine hydraulic flows, and continue physical
inspections. Phase II will cost $1,996,253 and continues the Phase I evaluation which Tampa
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Bay Engineering is completing at a cost of $299,682. Phase I results from smoke testing 25
miles of pipe and inspecting 750 utility access portals warranted continued investigation.
Some defects include cracked and deteriorated pipes, cross connections, missing clean-out
caps, etc.
Phase I also inspected and evaluated 24 of the City’s 75 Sanitary Sewer pump
stations. Some problems include grease build-up, open grated valve boxes that allow
stormwater into the pump stations, excessive odors, obsolete pumps, and structural
deterioration. The resulting Pump Station Capital Improvement Report estimates renewal and
replacement of 24 pump stations will cost $10.3-million. Staff will prioritize improvements into
several projects for completion during the next five years. Engineering Consultant Work
Orders to rehabilitate six pump stations will be presented to the Commission for approval.
Clearwater’s Sanitary Sewer System has approximately 410 miles of pipes and more
than 10,000 utility access portals. Information collected during Phase I was used to develop a
scope of work for Phase II. Continued evaluation will allow the City to develop a model and
master plan, and allow field crews to take a proactive role in operating and maintaining the
system. The Phase II master plan also will provide data on which to base future operating and
capital improvement budgets.
Mr. Baier said water treatment costs increase when stormwater penetrates sewer lines.
A survey indicates sewer mains have lost up to half of their carrying capacity due to
sediments. Total capacity is needed. Mr. Becotte said field operators had identified the most
deficient pump stations for inspection. Other stations require minor rehabilitation and
maintenance.
Concern was expressed the recommendation to spend more than $2-million does not
fix associated problems. Mr. Becotte said the study will help develop a master plan that
prioritizes projects for design while others are being repaired. Parts of the City's sewer are up
to 80-years old. The system overflows in heavy rain. The hydraulic model will identify where
problems need repair. Flow rates differ according to the age of the pipes. The City cannot
prevent all stormwater penetration of the sewer system. Mr. Baier estimated treatment savings
of $9-million if stormwater infiltration is decreased by 10%.
PLD PLANNING & DEVELOPMENT SERVICES
position regarding proposed Special Act on Annexation
Establish City's to exempt cities
with defined planning areas from the PPC's review or proposed annexation; provide authority
to staff to represent City's position to the PPC and Board of County Commissioners
In July 1998, the PPC (Pinellas Planning Council) prepared an issue paper identifying
problems with local annexation procedures. Primary concerns relate to the lack of a
countywide comprehensive approach, predictable municipal borders, notification to adjoining
municipalities and County, and evaluation of annexing jurisdictions' ability to provide utilities.
The PPC determined a Special Act should be established to provide a comprehensive system
of annexation. On May 25, 1999, the Board of County Commissioners requested each
municipality to review the proposal and issue an official position. The PPC has scheduled a
public hearing regarding this issue on July 21, 1999.
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Currently, PPC review only is necessary for annexations greater than 10 acres. The
proposal would require PPC review of all annexations for consistency with State law,
correctness of the legal description, consistency with the Countywide land use plan, and to
determine if the annexing municipality can provide urban services. The Special Act would
establish a geographic area for each city, identifying the area eligible for future annexation. A
city will not be allowed to annex outside this area nor annex property the PPC determines to
be inconsistent with the Special Act.
Staff has reviewed the Special Act. Expansion of the City, one of four municipalities
with a defined planning area, is constrained by Dunedin city limits to the north, Largo city limits
to the south, Tampa Bay to the east, and the Gulf of Mexico to the west. The City is capable
of serving all property within this area. As the City's planning area is defined, the Special Act
would add a layer of review to the City's current process.
As an alternative, staff suggests the Special Act exempt cities with defined planning
areas from annexation review. The City's current process could continue while a
comprehensive annexation program in other cities would be encouraged. Staff recommends
support of the Special Act provision that allows enclaves to be created as cities pursue
annexation within their planning areas. The provision recognizes the creation of enclaves as a
short-term byproduct of an active long-range annexation program. The exemption would
assist in pursuing voluntary annexation.
Assistant Planning Director Cindi Hardin said the Special Act appears to confer more
legal authority to the PPC than necessary. The City Manager said it appears the proposal will
create more levels of review, making the annexation process slower and more cumbersome.
The City of Safety Harbor opposes the proposal. The PPC doubts it will be ready for
presentation to the 2000 Legislation Delegation.
CLK CITY CLERK
Ord. #6435-99
First Reading - Appointing a board of commissioners to the Enterprise Zone
Development Agency
City Clerk Cyndie Goudeau said an 8 to 13 member board is needed to review
business applications for incentives in the Enterprise Zone. Expansion of the zone has been
legislatively approved. The City Manager estimated the board will meet monthly for 3 hours.
The City Attorney said problems could occur if two Long Center Board members serve on this
board.
CA LEGAL DEPARTMENT
Resolutions
Res. #99-34
- Assessing property owners the costs of having mowed or cleared owners' lots
The City Attorney will report on details related to some costs.
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Commission Discussion Items
County Ordinance to increase Handicapped Parking Violation Fine
The City Commission had requested staff to bring forward an ordinance that mirrors the
County's increase of fines for handicapped parking violations to $250.
Consensus was to support the increased fine.
Garvey request for Sister City funding
Former Mayor Rita Garvey has requested reimbursement for $930 in travel related
expenses for two trips to Tallahassee related to the Sister City program.
It was suggested the City should stop participating in this program due to budget
constraints. It was recommended the program be redefined with the City Commission
providing direct input.
The City Clerk reported on June 25, 1999, former Mayor Garvey had requested
reimbursement for the annual conference for Sister Cities International in Tallahassee on July
21 and 22, 1999. On July 6, 1999, she updated the request to include a second trip to
Tallahassee, which had already occurred. Neither expenditure was approved previously. It
was suggested the City Commission approve the request and reduce next year's funding by a
like amount. The City Clerk will report on Commission membership and program related costs.
Further discussion will occur on Thursday.
Other Commission Action
Commissioner Clark said participants in PSTA's (Pinellas Suncoast Transit Authority)
bikes on buses program can purchase the $2 permit at the bicycle shop on Cleveland Street.
Commissioner Johnson requested a review of grants received by the City, including
how matching funds are budgeted; questioned if the reduction in tax collection on the beach in
March and April was related to the roundabout’s construction; said staff’s roundabout pamphlet
is elaborate; questioned if the City had released a RFP for the 3 City golf courses as a group.
The City Manager said that is not the case although a group submitted a response that
included all courses.
Commissioner Johnson questioned if the City can apply for new mitigation funding.
The City Manager will report.
Commissioner Hart said the Florida League of Cities offered bond money to lower
interest rates. The City Manager said participants must use FLC’s bond counsel.
Mayor Aungst said the Commission had not made a decision regarding upgrading
Mandalay Avenue. The City Manager said staff will seek community feedback after winter
residents return. Project funding will not be available until 2001.
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Adjourn
The meeting adjourned at 4:13 p.m.
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