08/04/1997 (2)
:' ,
,
. " '.
:'~'<,', .\;'< ;<.'.'1 '<:,t~~~', i;."~::~:::'~'::.:' '1_
',' .
\.. ,
"'.
vc
;~ ~ 'T. '
('"
1;, .
,i.. .
.-i;
I. ~'.' . . ~
t,' .-
~, L
l~< , .
, .
."
. .
~. ." ~~ '.
,. ,
".>
1,1<. ,
iJ:, .
, '
.< ri~"
.' '
.1
. . '
~~,~,' .
i
! .
. :,:;t~4!,:,,~';"<(, ~J,tt'.,J, ;~"~:""'"~""". ~
! ,~'
" . < ~.
,
.' ",
, ' ,
'. ~ '"
( .
'r' ~. .
. ,J \
'WORKSESSION
, 'c City Commission Worksession Minutes
Date'.
,;
:.
,I' ,
'..~. " ..~'" ":H.,,',H .~ 't"~r '+;.;'~::": ;'tJ: ',1.~ <' :',,~.~:..,
.'
,
I
.1
I
....J'/':\!'..
"
.,
"
, "
~
CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
August 4~ 1997
Present:
Rita Garvey
J. B.Johnson
Robert Clark
Ed Hooper
Karen See I
Michael J. Roberto
Kathy S. Rice
Bob Keller
Richard L. Hedrick
Pamela K. Akin
Mary K. "Sue" Diana
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
Assistant City Manager
City Attorney
Assistant City Clerk
Board Reporter
The meeting was called to order at 9:00 a.m. at City Hall.
The Commission recessed from 9:00 to 9:03 a.m. to meet as the Pension Trustees.
PUR PURCHASING
o
Extension, library subscription service, EBSCD Subscription Services, 10/01/97 -09/30/98,
estimated $80,000 (LIB)
Estimated 5,000 tons of DOT approved concrete sand, Florida Rock Industries, 08/08/97 -
OS/07/00, estimated $46,000 (PS)
Miscellaneous water and sewer pipes & other parts, Hughes Supply, 08/30/97 -08/29/98,
estimated $100,000 (PS) .
37 desktop computers, Dell Computer Corp., $113,146, to be purchased under City'S
master lease-purchase agreeme'nt (1M)
Declare equipment surplus to City needs; authorize disposal through Tampa Machinery
Auction
, ,
Buyer Michael Murray reviewed the purchasing requests. In response to a question
regarding the library subscription service, he said staff had come back for additional funds
above the $70,000 budgeted in FY (fiscal year) 1996/97. The entire library system is
served. The service provides the lowest cost subscriptions available to the library.
u
mws08a97
1
08/04/97
I
I
I
l
l
f
\.
In response to a question regarding the computer purchases, Mr. Murray said the
Parks & Recreation Department proposes to use .them at outlying facilitie's. Most are for
new uses. Replacements will upgrade 286 models. In response to a question, he said
~
surplus computers are donated to charities when possible. Computers which cannot be
used due to outdated technology are auctioned.
In response to a question regarding equipment surplus. Fleet Administrator Vern
Bales said the chain saw in question is old. Its replacement wHl cost approximately $750.
Over its lifetime, the City has spent $3.000 on its repair. It was suggested the City
replace equipment when repair costs exceed their value. It was noted the' City used the
industrial type chain saw extensively. It was recommended the auction list identify
equipment which is beyond its cost effectiveness.
In response to a question regarding equipment surplus, Mr. Bales did not know how
long the pallet of drain cleaner and grease dissolver, listed as a pallet of chemicals; had
been in stock. Deputy City Manager Kathy Rice indicated staff will' contact all
departments regarding possible uses for this material.
FN FINANCE
Public Hearing - Res. #97-45 - authorizina olacemant of liens on properties for unpaid
utility bills
Subject utility accounts are more than 90 days delinquent and owe more than $100
each. Utility Customer Service has notified the owners regarding their indebtedness. The
City Clerk has advertised this public hearing.
~.~
" .
t~,. ~t
. ,'il.
In response to a question, Assistant Director of Finance/Utility Customer Service
John Scott said the City turns off the water when accounts are delinquent. Subject
property owners were notified of this proposed action by certified letter. In response to a
question, he said two bills are large due to unrepaired leaks. '
GAS GAS SYSTEM
Purchase Order for One Call Underaround Utility Notification SYstem. One Number
Information Systems of Florida. Inc., 08/08/97 -08/07/98, estimated $30,000
State law requires contractors to notify the One Call Underground Utility
Notification Center 48 hours before using power equipment to dig in the right-ot-way.
Rules of RSPA (Research & Special Programs Administration. a division of the U.S.
Department of Transportation, allow a natural gas system operator to perform all Damage
Prevention Program requirements by subscribing to a "one-call" system. Recent State
legislation requires CGS' membership in the system.
During the past 8 months. eGS (Clearwater Gas System) received 23,374 requests
for gas line locations in its 270 square mile service area. Due to expansion in Pasco
County, staff estimates requests will increase to 33~OOO next year. "Sunshine State One
Call" maintains all records concerning utility line location requests, provides a 24~hour
notification center and tax service, and charges CGS $0.85 per request. eGS investigates
u
mws08a97
2
08/04/97
!
I
I
t
~
t
!
i
For timely installation of new gas mains for CGS' 5th phase of expansion in
Southwest Pasco County, CGS proposes a contract with Mueller Distribution Contractors,
Inc. to install 4-inch polyethylene gas mains and associated materials along Madison Street
North from School Road to Massachusetts Avenue and along Massachusetts Avenue East
from Madison Street to Congress Street. The project also includes an S-inch directional
drill of the Pithlachascotee River. This phase will install approximately 3.7 miles of gas
truck line main and can serve 20 commercial accounts and 170 ~esidential customers.
The Manager of Gas Operations-Pasco will supervise this work. The contractor will supply
~
each request and paints and flags gas line locations. One Number Informational Systems
of Florida, Inc. is the sole source provider of this service in Florida.
In response to a question, CGS Managing Director Chuck Warrington indicated this
proposal will cover the estimated cost for gas line location requests. It was suggested
CGS charge contractors for this fee as a "cost of doing business." Mr. Warrington
indicated CGS is responsible for contacting the system. Before digging in rights-of~way,
the contractor is required to obtain permits from the appropriate government agency. It
was suggested the permit process recover this cost. Mr. Warrington said much CGS work
is done outside the City. CGS users are charged for this expense.
Affirm City Manager's 50-day extension of oriainal period (06/21/96 -06/20/97): further
extend for Deriod OS/20/97 ., 0120/97 for Installation of oolyethylene gas mains and
services, Heuer Utility Contractors, Inc.
(;;:~t)
. \-:-"f~
...1'
To continue prompt installation of new gas mains and services for new customer
connections without increasing staff, CGS proposes to extend the contract period with
Heuer Utility Contractors, Inc., with no increase in the previously authorized funding level.
This extension will complete the use of approved funding under this purchase order. Under
City purchasing guidelines, a contract can be extended twice. Authorization to extend the
contract is contained in the original specifications. This contract has been extended once.
Approximately $222,797 remains of the original authorized purchase order amount of
$S67,750. This year, CGS installed fewer long gas main extensions than in previous years
. and funds were not spent as quickly as anticipated.
The Manager of Gas Operations will supervise this work which will meet new
customer requests In northern Pinellas County. The contractor will supply all labor ,
equipment, sod, asphalt, concrete, and curb replacements. CGS will supply all gas related
materials which were approved previously as inventory. purchases,
In response to a Question, Mr. Warrington stated all funds budgeted for installation
had not been used. This proposal extends the time period to use those funds. In response
to a question, he indicated CGS is on track regarding all strategic goals.
Contract for installation of Dolyethylene aas mains for Pasco County Gas Exoansion ~
Phase V. on Madison Street from School Road, North to Massachusetts Avenue, then East
on Massachusetts to Congress Street, Mueller Distribution Contractors, Inc., estimated
$229,928
y
mwsOSa97
3
08/04/97
I
I
t
I
f.
t
~
r
~
all labor, equipment, sod. asphalt. concrete, and curb replacements. CGS will supply gas-
related materials which are projected to cost $46,852.76 and already have been approved.
Mr. Warrington said construction in the commercial area in New Port Richey will be
completed in this phase. The project is funded by current bonds. In response to a
question, Mr. Warrington indicated the contractors are bonded. He said some customers in
the new distribution area already use propane. CGS has worked diligently on area sales. It
was suggested before the pipes are installed, CGS should sign up enough customers to
make the expansion worthwhile. A request was made for the estimated "pay back" for
this phase. Staff to respond.
HM HUMAN RELATIONS
Fiscal Year 1997/98 Social Services Grants - aporove recommendations made bv TRC for
allocation of City social services funds in the amount $100,000; approve funding contract
form
(;1,1;1
I~ "':.-0;
Staff mailed grant applications and instructions to 56 area social services agencies
which had expressed an interest or had participated in the program previously. Requests
were limited to $10,000. Agencies could submit one application per project. The City
received 35 applications requesting $267,068.45. On June 13, 1997, the TRC (Technical
Review Committee) reviewed the applications and made recommendations. TRC members
included: 1) Kathy Boculac - Florida Department of Children & Families; 2} David Morgan -
Pinellas County Department of Social Services; 3) Gabriel Cazares - former Clearwater
Mayor/former Pinellas County Commissioner; 4) Dorothy Whitlock - JWB (Juvenile Welfare
Board); and 5) Lolita Brown - SPJC (St. Petersburg Junior College). The United Way and
Morten Plant Meese Hospital Social Services Department were unable to provide staff
members to the TRC due to special projects. Social services grant funding of $100,000 is
included in the City Manager's recommended budget for FY (fiscal year) 1997/98.
TRC recommended funding: 1) AIDS Service Association of Pinellas, Inc. - $8,779;
2} Community Pride Child Care, Inc. - $8,356; 3} Coordinated Child Care of Pinellas, Inc. -
$10,000; 4) Greenwood Community Health Resource Center - $6,920 - 5) Head Start,
Pinellas County - $10,000; 6) Neighborly Senior Services, Inc. - $4,988; 7) Pine lias Animal
Foundation, Inc. - $7,178; 8) Pinellas Opportunity Council, Inc. - Emergency Assistance
Program - $5,000; 9) Pinellas Opportunity Council, Inc. - Skills Training Program - $2,500;
10} Quality Child Care Center, Inc. - $4,420; 11) Quest Inn, Inc. - $8,420; 12) ReS
(Religious Community Services. Inc.) - Emergency Housing Program - $5,020; 13) RCS -
Food Pantry - $8,419; and 14) RCS . The Haven Transitional Living Program - $10,000.
It was suggested the City advise social service agencies to contact area banks if
they need furniture or educational supplies. It was felt this grant should not cover salaries.
It was stated agencies need paid personnel to facilitate programs. In response to a
question, Human Relations Director Eleanor Breland indicated if funding is not noted for
last year, none was received. Coordinated Child Care of Pinellas. Inc. was congratulated
for their plan to use the City grant to match Federal and State dollars at a ratio of $1 of
City money to $11.50 of outside support. In response to a question, Ms. Breland indicated
~)
mws08a97
4
08/04/97
'~
Greenwood Community Health Resource Center receives no other funding from the City.
Ms. Rice indicated the agency's request for the City to pay rent for an additional apartment
was not funded. In response to a question, Ms, Breland said she will provide information
regarding the estimated ratio of matching funds for ReS.
Concern was expressed representatives from Morton Plant Hospital and the United
Way had not participated in the TRC recommendation. It was suggested a procedure be
developed that guarantees representation by these major organizations or backup agencies
if they cannot participate. Ms. Breland indicated United Way has a limited staff and was
involved in a special project. Next year, the meeting will be scheduled far in advance.
This is the first year Morton Plant Hospital did not participate. It was felt considerable
input is necessary
fn response to a question regarding Head Start, Ms. Breland said substitute teachers
are needed to maintain teacher child ratios as required by JWB. It was recommended
Head Start contact other child care centers which are able to cover this need without
hiring. substitute teachers. Ms. Rice stated Head Start has stricter ratios requiring higher
staffing levels mandated by the Federal government. Ms. Breland will discuss this issue
with them. In response to a question, Ms. Rice said Head Start's match ratio for in-kind
services and cash is 1 :5. It was recommended staff track match ratios for City-funded
programs.
(;,
Concern was expressed regarding the recommendation to fund ReS - Emergency
Housing Program for renovation to comply with ADA (Americans with Disabilities Act).
Ms. Breland will report if funds are to be used for recently completed construction projects.
She indicated many program buildings still do not meet federal guidelines.
In response to a question regarding Pinelfas Animal Foundation, Inc., Ms. Breland
stated the program is designed to bring together seniors, disadvantaged youth, and pet
animals. Concern was expressed other program requests may have been more beneficial.
Ms. Breland said the committee feft this program is worthwhile and innovative. She noted
these funds should encourage new ways to address old problems. It was felt this program
will enrich youth and the elderly.
PO POLlCE
First Readina Ord. #6149-97 ~ Creatine new section 21.17 relating to beggina bv
intimidation: providing definitions: prohibiting begging with intent to intimidate
Individuals begging for money, goods, or services, while engaged in conduct
intended to intimidate citizens into assenting to the beggar's demands, is adverse to the
health, safety, and welfare of Clearwater citizens. This ordinance is not intended to
infringe upon constitutionally protected free speech, but is intended to prohibit conduct
that would cause a person to be fearful of imminent harm to his or her person or property.
The ordinance defines the terms, "beg" and "intimidate," and is modeled after an
ordinance which has withstood a constitutional test in Roulette v. City of Seattle. If
u
mws08a97
5
08/04/97
,
I
I
I
i
!
I
l'
j.
,
I
PS PUBLIC SERVICES
/~
adopted, officers charged with enforcement will be provided a training bulletin and
instructions regarding its application, ensuring it is constitutionally applied.
Police Chief Sid Klein said the problem of begging by intimidation is increasing
across the City. He said this ordinance will put necessary controls in place for the future,
particularly after the homeless shelter opens. Staff was congratulated for developing the
ordinance.
Ratifv/Confirm amendment to P .0.9142, relatina to reoairs & uDnrades to ground storOQB
(water) tanks. The Crom Corporation, increasing the amount by $34,090 for new total of
$105.989
CP CENTRAL PERMITTING
(Cont'd 07/17/97) Public Hearina & First Readina Ord. #6166-97 - relating to occuoational
license fees; amending Appendix A, Schedule of Fees, Rates and Charges by 5 % increase
in fees and amending administrative fees charges
In 1995, under guidelines established in State Statute 205.013 and amended in
1993, the Commission adopted an ordinance that restructured and increased the City's
Occupational License fees. Municipalities can increase their Occupational License fees up
to 5% every other year after adopting an ordinance reclassifying and revising the rate
structure. This agenda item and associated ordinance increases almost all fees and revises
the administrative fee for delinquent occupational license fees to a more equitable system.
During budget hearings, the City Commission had directed staff to bring forward this
amendment increasing fees. The increase will generate approximately $60,000 in
additional revenue. In addition, staff proposes to add a category to address an equity
concern: 070.110 - Hardware Store or Lumber Yard with stock value less than $100,000 -
$200 fee.
v
mws08a97
6
08/04/97
I
I
(
i
r
I
,
r,
I
t
!.
i
~
In response to a question, Central Permitting Assistant Director Vie Chodora stated
hardware stores with stock valued at more than $100,000 on October 1 would be
classified as a merchant. The recommended change relates to smaller lumber yards. In
response to a suggestion, the City Manager said if the word "stock" is not from State
language, it can be changed to "inventory." In response to a question, Mr. Chodora said
this proposed category only addresses hardware stores and lumber yards. Small
merchants always have had a separate category. Occupational license renewal notices
were mailed on August 1, 1997. Proposed increases will be effective on October 1. 1998.
It was noted the Task Force was frustrated and limited by State law when they reviewed
these fees. It was noted the proposed new category will address the previous inequity.
EN ENGINEERING
Agreement with FOEP for Covenant Running with land for wetland mitigation activities
(Arcturas Pond) located along Allen's Creek, from Drew Street north to Harding Street
~_ll~
I."o,;.i
This agreement concerns the City's obligation under a FOEP (Florida Department of
Environmental Protection) Permit to provide wetland mitigation to offset dredge and fill
activities at Arcturas Pond and improve stormwater drainage. FOEP deemed the original
mitigation project to be a failure when plants died due to high sedimentation rates in
Allen's Creek. The City is required to select and plant an alternative mitigation site to
compensate for mitigation at Arcturas Pond. The Covenant Running with Land similarly
commits the City to establish a successful mitigation project, as determined by the criteria
outlined in the original permit, at the alternative mitigation site. Upon establishing a
successful mitigation planting site, FOEP will execute a recordable release form to
terminate the City's mitigation obligations under this permit.
In response to a question, Assistant Director of Engineering/Environmental Tom
Miller said the failed pond was bounded by Gulf-to-Bay Boulevard and Corona and Arcturas
Avenues. The City has discussed the plan with nearby neighbors on Harding Street, who
have voiced no objections.
~.#2 to landmark Drive Extension Contract, adjustinCl cOffioJetion date to 07/07/97, for
total time extension of 115 days
Change Order #2 extends the 180-day landmark Drive Extension Contract 115
days, adjusting the completion date to July 7, 1997. Additional time was needed due to:
1) contractor started construction prior to execution of City's Development Agreement
with the Vogels in October 1996. which provided for use of the right-of-way adjacent to
the Vogel property. Underground appurtenances and roadway grading could not be
installed in this area until the agreement was executed; 2) after public meetings, the City
modified roadway grades, alignment, and cross sections which delayed construction
efforts south of Mullet Creek. Modifications included a new alignment, revised roadway
cross section, removal of Saber Drive pavement connections, and removal of connection to
Marlo Boulevard; and 3) heavy rain caused construction delays for the precast box culvert
\~
mws08a97
7
08/04/97
I
)
I
,
J
I
I
!
I
!
!
I
~
io
,
j
(
"
',;:
In August 1994, the North end of the Annex property, site of a former Montgomery
Ward Fueling Facility, was accepted into the State Abandoned Tank Restoration program.
On December 1 2; 1 995, FOE? approved the CAR (Contamination Assessment Report) and
required the development of a Remedial Action Plan. On April 5, 1996; the City
contracted with PBS&J (Post, Buckley; Schuh & Jernigan), to develop the Remedial Action
Plan due to the moratorium on State funded cleanup of petroleum contaminated sites and
the City's desire to expedite the cleanup and promote redevelopment opportunities. In
December 1996, the plan was submitted to FOEP, and modified on February 20, 1997.
"I.
)~
and retaining walls for the Mullet Creek crossing. The delay caused no additional contract
costs and the contractor is not being assessed a penalty.
, ,
.:.>
; tl.
!.'
:.;,",
It was noted the project was completed within budget although it suffered some
delays. In response to a question regarding access to landmark Drive from the Marlo
Boulevard neighborhood, Ms. Rice said the issue will be revisited 6 months after the road
is open.
" '
, .
"
, '
" .
"-: ~:
Contract for North Greenwood District Parking Lot #2. T.A. Cumminas Construction Core.,
for $35,888; approve $6,598 for materials for irrigation, landscaping & lighting to be
installed by Parks & Rec Dept., for total of $42,486; and approve contingency fee of
$4,250 (10%)
" '
~ ~
"
,,'
,"
On February 19, 1997, the City purchased this vacant parcel to develop a second
district parking lot in North Greenwood. T. A. Cummings Construction submitted the low
bid, $35,888. The Parks & Recreation Department will install landscaping and irrigation at
an estimated cost of $4,598 and parking lot lighting at an estimated cost of $2,000. The
total project cost, estimated at $42,486, will add 22 parking spaces to the North
Greenwood Business District.
J "
.:1,:,;
l:<~:,
. ,
....'
,", .
; ',~ I
'..'
d I
r;....'..
,'~ .
It was questioned how much the City had paid for the parcel. It was requested that
staff report on the total cost of this project and track all City investment in the area. Ms.
Rice stated the parking lot will help North Greenwood businesses prosper and grow. '
t~~~ Work Order ANX-040397. Post Bucklev Schuh & Jernigan. remedial action at the Annex I
Former Montgomery Ward Fueling Facility, $160,000
,"
:":,:\
::.:..l
:,', ~.
'.:i:
. .,~ .
, ,
:,.....
. ~ "
~ :;1
':..) ,
......
.; ;.'
~ : '.
.....
,I,
The CAR revealed the petroleum plume below the fueling site had contaminated
approximately 2,458 tons of soil and an undetermined quantity of groundwater. This
project's scope of work includes the excavation, treatment, and disposal of excessively
contaminated soil, and treatment of contaminated groundwater to State Standards.
I.,:',.
'. .: . ~:
'"'.
It was questioned if Brownfield funds could be used for this project. Assistant City
Manager Bob Keller said those funds had been budgeted for other projects. In response to
a question, Mr. Miller said the City's fuel site on the South end of the property has not
been remediated although contaminated soil has been removed. Some nominal
contamination was discovered when the tanks were removed. He said the cleanup should
be minor and not expensive. It was suggested the City address both contaminated sites at
;. .
','
,'"
" ,
" ;.\
, ,
..' .' ~
. ;i.
~~
mws08a97
8
08/04/97
,
i,
!.
I'"
. ~',
, .
}.,'
.::: .-
II
"
;
. ....
", '.(
.;';.:"';. "
" ",
I ..... I." .~ .... ......::',. . ':~":"'::'1"."; "". ""'.: I, :.~.llt. . ,....':.,:110.. '~'. ',."":."~' ..:.....::'.....-:...,...~.,. I, "'.
,;" '.:, . ,,'., n, . '.:,,' ,.' >>,~,'r:<:,':::,.;:~,.,:. :,': "",';:':':'.,;" ,; ,.. ..., , .'~ ;', ",' ':", "I.'
':' ,':,.'"',:,:"':,:,,, :,', ,', ".';;,:,:,:;;::,:.':.:,~i::,:",~,' :".\;:.:,::,',~ :,~":':'~',',',',"""::,,:.':', :,':',', ,",,"~' ;:',,':: ::;'::- :,,';,~
. ..' ~ .'. . .'.,', .. ..:: ,. ,..",L'?: './:\~i,:,.' ,'.') ',:' " :,i: ~,)\?{,/,;:.';;:" :::;.'..'~:~.i:/ ..:~~; i;;B'!;.~/:;},.~~.:::':(:?:~,: :....,... :.,,,.;..:.'.(:t:,~?
CM ADMINISTRATION
'~
the same time. Mr. Miller expressed concern the proposed project Is ready and should not
be delayed due to the potential migration of the petroleum plume. It was suggested the
cleanup of this property be considered an emergency and both sites of contamination be
addressed simultaneously. Mr. Miller said the City currently is negotiating with the State
regarding the cleanup of the City's fuel site. That cost has not been determined. He
recommended proceeding with this proposal.
A report was requested listing City costs to prepare the entire annex site for
redevelopment. Concern was expressed the contract calls for a short term permit. Mr.
Miller said the permit will cover dewatering activities whereby wells are installed to treat
the water. This is not a long term activity. After treatment, the water will be discharged
Into the' stormwater system, which is common practice in Florida. Chief Engineer Terry
Jennings said most of the pollutants will evaporate. When the project is complete, the site
will be clean. It was questioned if Montgomery Wards can be held responsible for any
cleanup costs. It was indicated the City had purchased the property in the mid-1970s
before the law identified parties responsible for cleaning up pollution.
Joint Project Agreement with Pinellas County for utility installation by roadway contractor
for construction of Sunset Point Road, from US 19N to McMullen Booth Road, estimated
$370,757.75
('.lit:l.
-.,
"....
Pine lias County has designed the project to widen Sunset Point Road between US
19N and McMullen-Booth Road. Construction is scheduled between October 1997 and
September 1998. Widening the roadway necessitates relocating or adjusting the City's
water, sanitary sewer, and natural gas mains and appurtenances within the project limits.
The Engineering Department and CGS have coordinated the design for these utility
accommodations with the County. Pinellas County will receive bids for the widening and
utility relocation work and award the project to the low bidder. The cost is estimated.
Exact costs will be determined by the contractor's bid. The City will be advised of the
contract bid and can reject an excessive bid. This is unlikely as the City will not have to
pay for restoration, traffic control, surveying, and construction management, which will be
covered by the County.
In response to a question, Mr. Jennings said the contract item indicating the City
will reimburse the county for actual costs contains normal language. In response to a
question, he said the road will have 5 lanes, 2 in each direction and a turn lane.
First Reading Ord. #6180-97 - establishing a money nurchase pension defined contribution
Jllim for certain employees who are employed by the City on or after 06/23/97
The City Manager's contract requires a 15% contribution into an ICMA 401 A
Money Purchase Pension Plan. Staff drafted the plan with the help of Kalish and Ward.
Staff recommends two classes of management employees: 1) City Manager and City
Attorney for whom the City will put 15% into the plan, effective June 23, 1997, the date
of Michael Roberto's hire and 2) unclassified employees with signed employment
v
mws08a97
9
08/04/97
!
I
I.
I
1
!
I
. :" .~':.
The SDCG (Sustainable Development Challenge Grant) program, a competitive
USDEP (U.S. Department of Environmental Protection) grant initiative, invites communities
to form partnerships to Invest in their own sustainable future through projects which
improve the environment and spur economic development while maintaining a sense of
community well~being. The City will apply to fund an interactive buy-in model to establish
a public/private partnership to construct a regional retention facility downtown. The goal
is to establish the town pond as a facility that provides collective storm water retention,
attenuation, and treatment, resulting in cleaner water flowing into Clearwater Harbor. The
pond also will improve the area's economic climate by allowing surrounding businesses to
use more of their land for development and expansion.
:,
, "
~
agreements with the City Manager who are not in the Pension Plan. The City's
contribution for these employees will be 6%. The City already contributes 6% into a 457
plan for these employees. It is proposed this part of the plan begin October 1, 1997, to
provide time to stop the 457 contribution and begin the 401 A contribution. This change
will save the City approximately $9,000 a year as Social Security payments will not be
paid on the 6% contribution to a pension plan. The City currently pays Social Security on
deferred compensation.
, ,
,..
. '.
.' ,
::> '..
The plan document includes: 1) normal retirement defined at age 55; 2) plan
qualifies under IRS rules; 3) ICMARC shall be plan Trustees; 4) participants may direct
investments; 5) leMA allows deferral beyond termination for distribution of funds; and 6)
plan allows in.service withdrawal.
'):'
" ,
'.\.\':,
, "
,:'.':,'.
-:",',:
.,
Ms. Rice said the Commission will be provided copies of this proposal. It was
recommended this item be continued to give Commission members the opportunity to
review the document. Ms. Rice requested it be considered on Thursday due to the time it
will take to establish the plan. The City Attorney, Finance Director, and Deputy City
Manager worked to be certain the plan meets City needs. It was felt related savings will
offset the larger contributions to retirement accounts for the City Manager and City
Attorney. The language is standard. Ms. Rice requested the Commission contact her with
questions before Thursday,
''''
.'. '.t,
':'..,
. .
."
, "
. ':"
/ .'
"
d'.,>
4;'
. .'
'.. .
~': i
,.,~,
\\';-1":
f .'
L~', ~r
In response to a question, Ms. Rice said the 457 plan allows participants to invest
up to $7,500 in deferred compensation. A 401 A does not allow added contributions by
the employee. The City currently contributes 6% for unclassified employees with signed
employment agreements who are not in the Pension fund. Exceptions are the Police Chief
Finance Director. It was noted the $7,500 maximum will be indexed for inflation at a rate
not to exceed $500 every two years.
.. .~. . ..
.0'1
'}' ~
.<'c'"
, "
...."..
. < i ~ '
. <.."..
'; .(,',
Aoorove aoolication for submittal of USEPA Sustainable Challenqe Grant to fund Economic
Buv.ln Model for Town Pond Proiect; approve $ 7 ,000 appropriation of City matching funds
" >.
i;, :~~,,:
. "
...,L>
'. .
......
1""'.
'. .\.:., ~
,..'.
" .
. ~,:
. ~ '. .
",".::' .
,.,'
l:::.",
....
:. :<
. . I ~; .
".' .
. ,".
,,'..j1
The grant application will request $35,000 for a consultant's study to determine
the financial feasibility of a regional retention pond funding program and to develop a
model to calculate all program financial parameters. The grant includes a challenge for
applicants to provide a 20% match. The City's required match will be $7,000. The City
y
mws08a97
10
08/04/97
I,
t
;
~
t
1.
r
,
,.....
. ~...:,
:.' .
. "
. '.
" '. f
.'
. , ....,. :~:. ~;"::' .
.:',',>1':-"::',': ,',: ',' : lo ~.
.'.:1,.'.:....
'. "....:f.... .;.:,';.....
. . :'.".
> (, :'..':,: ~c :; : ':;
'i"~', .'., . '.' .
.,', ' ,',"
. " t
!'
. ~ ' , .
'.1 :t,'.
" f'"
,!: t.. C
',,, '
,':
. . <....., ~.
:,
.' ,," i: '/.' , ,.
.. " ,'.' . .~: ; ~< :".,"':" ~., -':.;~.:.'...:,,, ~ :.'. ,: .: :.:" .
....:..::: /' :" .:: ;-"'. >:. '..'.':', " .. ,.~. :., .!, .:-::. :,::'i':,';,,;,(,,:'~,/':":":\':'::~ .
.. ';" >:": ~ '<::., . ,,':' ,. . .:,' ~':"..!::". ' ; :';:,'~ >,<~:> '." . . ',.':. .10',.".: '..': "."
. .':;,,;':';", ',.': '.;;..~....',<,.:~,,::>., .'., '.., '..:,....:.:..'..:.:.::.........';:/.\..::..:";:-,.
.:~ .' .....~.., .~..;.J:< '" .:,"".." ~'l."::':~"'\'
: c,
/. ,.,
. " ,'.
. '.' " .
.. ",
'. " ','
. .:. ~: ". '.',:: ;i ,: ,'.,'.
','
'.'
> .: I... ~: .'.. ':. ..'
'" .. '.
,'. .,,-...
, c":
. .;.
",'1. '.'n", ..,1 .
":"<"(1,,;' , '.' \
. ".. ,
, ..
. "
.:',::'
. .'
. .c.
. ",
.i'....
.~
,; ,
. "
". '..
.'
of,;
t.)......
.' ,
. ..
.~;'I: :
,
City Manager Verbal Reports
~
has received letters of commitment for $5.000 from private partners and is confident
letters of commitment will be in hand by August 15, for the remainder of the match. The
City may need to fund a portion of the match.
;",
. .
. :~.:
It was pointed out the City has received commitments from the private sector for
this project. Mr. Keller said the private sector has committed $5.000 of the $7,000 cost.
He said the response indicates enthusiasm for the project and a new willingness for public
participation.
\.
'.' .
OTHER CITY ATTORNEY ITEMS
New Lawsuit ~ Lois Maroon vs Citv of Clearwater, et a!.
I: '
'.,'
Lois Maroon, a City employee and Pension Plan participant, brought this action
seeking declaratory judgment clarifying her rights under the Pension Fund and City code.
Ms. Maroon was employed on September 27, 1978, resigned, withdrew her resignation,
and was reinstated. The PAC (Pension Advisory Committee) voted to allow her to buy
back her pension service credit for September 27, 1978, to January 4, 1985. Ms. Maroon
alleges ,the City has refused to credit her for her service from July 1985, to November
1989.
,;,'
','
,:.
",:.':'
, :'c
."!":'
.' .~~ :,'~
I,l,',:'.
t,:. "::
,I.. ~
(oo.'l.
:.:y.i~'
The City Attorney reported this case will be assigned to outside counsel,
Thompson, Sizemore & Gonzalez, which handled the previous AARP litigation. This case is
similar but not identical. Ms. Maroon did not participate in the AARP settlement. It was
noted Ms. Maroon had attempted resolution through the PAC (Pension Advisory
Committee).
. .'
.; ,.
,":..',
:. ;i
Julv meeting rule (Mavor's memorandum)
,,'. , ,~
......,
,;J'';:
',.
!: .
'.,
The Mayor referred to the 1998 schedule of Commission meetings and questioned
if a Commission meeting will be scheduled the first week of July due to the 4th of July
holiday. Concern was expressed regarding the large number of issues presented at the
first meeting in December 1996 when the second December meeting was canceled. It
was felt the current schedule works well. It was noted the January meetings will need to
be rescheduled as January 1, 1998, falls on a Thursday.
'. .
."' ,
:;'r
.~~.;. "
L" ;
. ~"
"~r' I
Consensus was to not meet on July 4, 1998.
,', ,;
Reschedule AUQust 14. 1997 meeting
',f
.': :
\.-.;
(;'~
W
mws08a97
11
08/04/97
I
I
f
I
I
I
I
f.
i
r
t,
f
;.
j,::,.,
The August 14, 1997, meeting scheduled to prioritize Penny for Pinellas projects
has been canceled. The discussion will take place on August 28, 1997, at 9:00 a.m.
during a previously scheduled meeting. A second meeting was scheduled for September
16, 1997, at 9:00 a.m. Locations will be announced.
llL '~~
'..
" .'
i",I.
, "I
'. .
. lcd' .'
. ~ ,.
';,
. 't:
.\',.\
.,
~,', ';. ~.
,,','..
, '.:: ... .:.'~' ",! .; . . ,\, .1,' .;: .!: " 'I' '. I' . .' ,.", . , \ , I :. . ", '" :; 'j. '.'.., . f I 'I '. .' I,' < .'.
" _ .' '. . ".:- ~', '. .:...." : .....: "c';;:...,: _..t.... ,i:" ':'" ':"':" , '.' '. . ,:'. . ?:':,,:,: ....;.'.. ::." '.' '- ,....,.',
'. "::"'>':";,".,'. ..:':':,.:'~.:.,','~,". :':.::',".:," ,.".'.,.:.'.'.'.;:.','.,,:..'!.':.,'~~.,..._,,',:.',;:.':':'".",: ;.:.,..,.:....:.:/:.::'..;.',..:;..::,:::.,.,:.~..:.:,.'.~....':.:.:..:.;.::;..';<:<;,.i',:::.~..,....'>;::.\;~..j,'::.'.'.. '" ..,' ...' ., i .' ,
,.". ,';'::", i: <" """'." , ,iii' ".',;' :,r ".:':~ ,:r,; r rE;(..}rt:;~{;>.:;'I;,~.:;. '/':!":.:~:, ,'}.(;i\;:,/:\~
:.:,.",': '.'..'\': .1'..
"'-:.'"
,.' .
'"', ,',.
, .
'. . t, ~ :.. . ,c, '0 : "
..~...;:,..<..~.~',~)/~. .,:......;.: +:', '....::
... "'.<.,
."""'/,:
".' 'j
Other Commission Action
'~ DCB meetIng
Mr. Keller reported at their August 6, 1997, meeting, the DDB (Downtown
Development Board) possibly will discuss a proposed agreement among the DDB, CRA
(Community Redevelopment Agency), and City. He did not anticipate a vote will be taken.
Commissioner Johnson said the settlement regarding the Atrium garage has
generated concerns regarding downtown parking needs. In response to a Question, Ms.
Rice said Director of Solid Waste Bob Brumback had offered alternative solutions for
placement of the trash container. The City plans to construct a more attractive enclosure.
She reported 18 additional parking spaces South of the parking garage will be metered.
Some Atrium tenants have parking concerns. Area construction has aggravated the
situation. The City Attorney reported the owner of the Atrium had determined hourly
parking will be continued in the parking garage.
Commissioner Johnson noted letters had been sent on behalf of the Commission
without discussion. It was noted the letters had been written on behalf of FAST (Federal
Action Strike Team) to address issues of importance to citizens which require a quick
response to the federal level. Commissioners had been provided a draft of the letters for
input.
{i:fi(~
\: J~~J'
. ~~.., II
Commissioner Johnson questioned whether the City is going to pursue the
Department of Community Affairs for coastal management funds. Ms. Rice believed this
issue probably will be discussed at the next Commission meeting. The City is actively
pursuing this issue.
Commissioner Hooner said construction of the Pinellas Trail through Clearwater is
nearing completion. Recently, presentations by 56 artists for murals to decorate 20 large
blank walls along the trail were judged. The 2 artists who scored highest will be given
wall preference and be requested to present illustrations of proposed murals for approval.
Private money to offset the costs is being sought. Donors will be recognized in various
ways. Acrylic paint will be used so the murals last 5 years. The murals will adhere to City
sign regulations.
Mavor Garvev noted work appeared to be taking place at the Ice House. Mr. Keller
believed the business may be making progress on the cleanup of the property.
Commissioner Hooner noted the flattering and exciting article in the Maddux Report
on "SparklingH downtown Clearwater. The City Manager said the article is an outstanding
publicity piece and will be mass produced. The Mayor requested copies for distribution.
t"'" 'i
~
mws08a97
12
08/04/97
I
I
I
I
(
f
1
t,
l'
I
I
\
,
Commissioner Clark questioned if a portion of the Pine lias Trail through Clearwater
would be tinted as previously indicated. It was noted the previous City Manager had
determined it to be too expensive.
. "
J-' ",' '
I ,
"
'I '
','
t ~ I . ' , .' ~:': ~' " . _ ". ,'< t
"f:,/:~:,,~.:\:/:,'::;:i,~~'~i~~ :i\'{;~~{;:;,:~ V;:<': , '>>, ',', .:. " .: .
.' :',:.' ...... ',! , ~.: ','
, ~ ( .
, ~ . ,~ :,,' .. : .
, " ~ .
, ','
':1":' "
',( "
. " ~, . ' I - , . t
, ' ,
. "' "
, '
"i, ",' "
" '
, ,
,','!:~
,'"L' ..u,'~
" Coinmlssioner Clark q'uestioned jf the City considered using the Station Square Park
parklng'lot to address downtown pinking problems. Mr. Keller said staff is investigating.
..
, .
.. '
, Mavor Garvev requested Commissioners advise staff if they are interested in
attending the National League of Cities meeting in Philadelphia, December 2 to 6, 1997.
' ,
J ,
: '~. .l
Commissioner Clark thanked the Phillies organization for their hospitality.
, , '
:' '1 .
Adjourn
, ,':
, , '
"
..... "
1,,:":, "
'J' , '
'!"'" '
J" ," .
, :
, :'
" .
~ ".:. ," , ' j ..
;fi:;:..: '
,Ii,.""" - ,
< ~ l.." . ,
. .';. ..., ".
I,.';' .<;
"
, '
,The meeting adjourned at 10:45 a.m. A closed bargaining session ~as convened.,
, "\,'
"
01 ',~; ..
ti':'
, .. ' .
"
, ,
, ','
"'0'
,',.l .
,.. ,
"
,": .
.' .'
. :c:
.'
"
,f
, . ~! I .
',; T
.. ...
"
I ~ :
, . +
"
, 1
, '0""";'
, '
mwsOSa97
13
08/04/97,
1. :
;;, .
.T, .
~. i'
i.
:. ~.
',:,
. ~.q.'~~~~~:W~ll~:Z\1..UJ{.v.'f"Jd ,~",~;~',.;v.",*"n....~.~..i'.~~~""~~+ ,., ~'
." ., ,>, . . .
....:.., .:.. =' l":': '.1, ~~. (~l>',:.,' .
'. >\
'- .~"" -' '''1...., ':' ,....... ':"'-":~'l>;'J"':("i ~''':-;\, ,.,:,y,. :':'-'\"':' . ',,', _;.,,' ,', .,'.. .';, '. " . , ' : ':"
. o. "'Iit"}.lt-l~'WJ..r-llt.~.i..ti,<:,~ ..;'("'l.'.'.\t:'-~ :,:. l~ '. ~.f "r ~ ,~', . "J"- 'i' J:;' .11.]. . \I.,l~ ." "
. \ . I .' .. 'i" ~.".j;; '. "....~~, ., '.' ';! .j. , .. ." ". ~ ,