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07/15/1996 (2) ,', ~ . .~ WORKSESSION , +.." . City Commission Worksession Minutes. '::,'~ , "\~~ ., .. ......Date , .' I. .' : ,. eat " I . ,. ;'T::'l~!it ",~ )'.t~~f ~~"l:'~ '!i;;'.r~.: ;"f1",'!~~.;),,"..:t~,~.h...."'; 1,.' '~'..:..,c( n: <1"' 'r . ...: oj >. ;~, ~ . I~Jtr~:I.h:::;.,:~;::~~~j,y(<;r::\:<. .". '. ' . . I . .,. '..' ". ,.,:",;,:,:. :.:i.\: :,<'~..;.,j;',i':'.' ~".:' " < I. . " . . . . t ~ " ' . . > c..' .,' ..; ~ ;'.: :;:., ." ,. ,~:: ..'::.,.: ::'.:':"::. ': ,:~ :;d.:,:.,>:,;',}~;'.:<':<:::,'r.: ,.~.:..~;~::~;/;': !Jf>i:.;;:,:. . , .'. .,/! . 1'+ C .l.c i\ ,J . \. , Preser.t: Rita Garvey . J. B. Johnson Robert Clark Ed Hooper Karen Seel Elizabeth M. Deptula Kathy S. Rice Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-Mayor /Commissioner Commissioner Commissioner Commissioner City Manager Deputy City Manager City Attorney City Clerk Board Reporter .'. \. . \~ CITY COMMISSION WORK SESSION CITY OF CLEARWATER July 15, 1996 The meeting was called to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards Five service awards were presented to City employees. e;~:<~) l\:.\)~ Madra Matthews, Human Resources Department, was presented the July 1996 Employee of the Month award. The Work Session recessed from 9:06 to 10:37 a.m. for a Special City Commission Meeting and to meet as the Pension Trustees and Community Redevelopment Agency. PR ESENT A TI ONS Penny for Pinellas In Spring 1997, County voters will be asked to approve an extension of the "Penny for Pine lias" optional infrastructure sales tax for a second 10-year period from 2000 to 2010. According to Pinellas County estimates, the City will receive approximately $101. 1 5-million of proceeds over the 1 O-year period. The City Manager referred to the proposed projects on the Penny for Pinellas list and noted the City Commission decision to eliminate the purchase and development of E.C. Moore West and property at the corner of Drew Street and McMullen-Booth Road and to fund half the proposed fishing piers, reducing funding to $530,000. The City Manager said the City Commission had recommended against extending the Pinelles Trail in East Clearwater and Airpark improvements. It was noted new green space removes property from tax rolls. :::J mws07a.96 1 07/15/96 t .~ Consensus was to approve staff recommendations. The City Manager said further reductions are required if programs are added. tn answer to a question, Fire Chief Robert Davidson said the $46,000 proposed increase for Fire and EMS is for an exterior staircase on the training fire tower. In response to a question regarding the inclusion of traffic signals, the City Manager said this funding will not begin until 2000. It was questioned if Frank Tack Field is large enough for a recreation center. Parks & Recreation Director Ream Wilson said a facility could be constructed between the lake and ball fields. There is no other indoor recreation center in the area. The proposed complex in North Greenwood would not be on the Martin Luther King Center site which the City leases from the School Board. The City owns the Ervin's youth club property and the swimming pool. He suggested the complex could be build on the Ray Green Field site if adjoining property is purchased. Concern was expressed about possible conflicts with Phillies games during recreation center activities. Mr. Wilson said the Phil1ies game schedule is limited and these concerns could be addressed. Existing stadium parking is adequate for Clearwater Phillies games. The cost of replacing the recreation center was . questioned. Mr. Wilson said community residents have expressed an interest in this type of facility. He estimated the Martin Luther King Center is more than 20 years old. In response to a question, he indicated the City had purchased the Morningside complex in the mid~1970s. f;-~';a \',"'.:<J . .'j:"> In answer to a question, Mr. Wilson said aquatic centers include activities not available at traditional square pools. Many cities are developing these types of centers to complement regular type pools. He said if a new North Greenwood facility is built, the City would not necessarily keep the Holt Avenue Pool. He said a study is needed before a decision is made regarding the future of the Ervin club building. Current facilities in North Greenwood include the Martin Luther King Center, the Holt Avenue Pool, Ervints Youth Club, and the Armory. If a facility similar to the one under construction in Countryside is built in North Greenwood, he suggested continuing operating the Armory for young adults. It was suggested the City work with the school system and build facilities that can be used during the school year. Mr. Wilson said the City had used school gymnasiums until student use increased significantly. Remodeling the Martin Luther King Center to replace the current North Greenwood Library was suggested. It was noted a library could be part of the new recreation center. Mr. Wilson said the School Board would not allow the Martin Luther King Center to be. enlarged to accommodate a library. Library Director Arlita Hallam said many options are being considered. Staff feels North Greenwood needs joint facilities rather than ones that stand alone. The Library is setting funds aside for a 6,000 square foot North Greenwood facility. It was recommended the Library and Parks & Recreation Department work together. Ms. Hallam said constructing a joint facility would save money. Mr. Wilson said the Martin Luther King Center is a sound building that serves as a recreation center for children and a hub for community activities. I..,~ mws07a.96 2 07/15/96 ,,t<fw.~ ~ J." . "\L'" Consensus was to cut $1-million from Recreation Trails. '1 It was suggested an indoor facility at Frank Tack Park is not needed. Mr. Wilson said'staff divided the City into planning districts to gauge where facilities need to be added to meet needs. The park system has a great deal of outdoor facilities and land in the Frank Tack area but nothing indoors. It was noted the area is not close enough to the Long Center for young children. It was questioned why a new facility is proposed at Ross Norton. Mr. Wilson said the facility will be 14 years oldor before construction would occur. In answer to a question, Mr. Wilson said budgets for each of the proposed recreation facilities include $1.5-million for a swimming pool. Concern was expressed the proposed recreation facilities are too expensive. The City Manager suggested allotting $2-million for each recreation center no matter where it is located. Consensus was that all recreation complexes should be funded for $2-million, that the proposed North Greenwood recreation complex should be funded for $2-million plus $1-million for the pool, and plans for a recreation facility at Frank Tack should be canceled. In answer to a question, Mr. Wilson said the City's recreation trail is a 6-foot sidewalk that runs East from the Long Center and to the Eddie C. Moore park. The proposal is to improve that facility in the future. Currently the trail is used by runners, bicyclists, in-line skaters, etc. It was recommended the Parks & Recreation Department publicize the trails. Regarding the proposed Athletic Practice Field by Magnolia Falls, it was recommended that non~residents pay for using the field. Staff has spoken with the city of Safety Harbor which needs a soccer field and expressed interest in working with the City to share some expenses. It was recommended this funding remain on the list. It was Questioned if Beautification Committee plans for the SR 60 corridor are adequate. Mr. Wilson said this year's CIP includes $40,000 for palm trees to be planted on Gulf-to-Bay Boulevard between US 19N and Highland Avenue. Another phase will extend East to McMullen-Booth Road and concentrate on Gulf-to-Bay Boulevard's intersections with US 19N and Bayside Bridge/McMullen-Booth Road. It was felt an attractive gateway to the City is important. The City Manager recommended not waiting 5 years to begin beautification projects. Consensus was to change the wording of the proposed SR 60 corridor beautification project. In reply to a Question, Mr. Wilson said the North Clearwater Nature Park consists of 30 acres next to Magnolia Falls. It was noted that entire property will cost $1. 2-million besides the mitigation money. Concerning funding for the infrastructure facility for Parks, Recreation Facilities & Nursery, it was questioned if staff has identified a location. The City Manager said staff u mws07a.96 3 07/15/96 ,,, has not dona an exhaustive search for land to centralize operations in the Hercules Road area. The estimated cost of $2.5-million does not include land. Regarding the proposed downtown library. the City Manager said a special meeting will be scheduled to address downtown projects. The new library will be a key element. She recommended the $12~million remain on the list. In answer to a question, she said the City needs to harden buildings as they are replaced. Consensus was to remove language regarding hardening City structures for hurricane protection. nRealizing we will be building into projects as we replace buildings. II It was questioned how citizens benefit from a GIS (Geographic Information System). The City Manager said ideally, the system will provide complete information regarding every City parcel. The City has taken a small step forward by paying an employee to begin entering information into the County system. Concern was expressed that this may not qualify as an "infrastructure" expense. Mr. Baier said the system allows the City to collect, categorize, etc., infrastructure information. The City Manager said technology is a legitimate use of infrastructure tax. In reply to a question, she said a recent Police Department grant will be used to plot incidents. It was suggested the proposed renovation of the Memorial Civic Center include money for a parking garage. It was felt a long range beach parking needs study first must be done. It was suggested Marina and fishing piers be funded through the City's CIP. 1~'t.1;it&. f -"il',J .~ . :~.' Consensus was to combine all fishing pier requests and fund them with $580,500. Additional information was requested regarding the proposal to purchase the Kapok Trailer Park, to create a storm water retention area, and the location of proposed stream channels in Stevenson's Creek. Mr. Baier reported the Kapok Trailer Park is in a low lying area that floods frequently. It can be replaced by a regional retention facility that can accommodate run-off from a wide area. He will report on the number of mobile homes , considered for purchase. Concern was expressed regarding removal of these homes from the tax rolls. Finance Director Tina Wilson will report on taxes paid by the park. Mr. Baier said channels on Stevenson's Creek would allow staff to create an area where they could clean out deposits. It was questioned if the Bayfront Marina Complex should remain on the list as the City Commission hopes the development is done with private sector dollars. A preference for bayfront green space rather than development was expressed. The City Manager noted $1-million was added for beautification. Consensus was to leave the Harbor Bluff Waterfront Park on the list but to remove the coastal marina complex. The City Manager said $5-million was budgeted for Economic Redevelopment and Environmental Assessment and Abatement. It was suggested these funds only be used for City-owned property_ It was recommended the program be flexible and allow the City to work in partnership with a developer. It was noted the City could purchase, clean, and sell :...J mws07a.96 4 07/15/96 \ I , ~ contaminated property. Economic Development Director Alan Ferri said he had envisioned these funds going to small businesses. The City Manager questioned if these funds can be used for that purpose. Mr. Ferri said in the Brownfield area, the federal government has identified properties with known problems. The City Attorney will report on this issue. Ms. Wilson said the list now has an unallocated reserve of $7.25-million. The City Manager said the City Commission can reallocate funds for some projects or leave a reserve. It was suggested to allocate additional funds for the Long Center and Ruth Eckard Hall. The importance of upkeep was noted as those facilities will belong to the City someday. Ms. Wilson said operating expenses will increase as the number of City facilities increases. Concern was expressed the public may not support renewal of the Penny for Pinellas if they oppose proposed projects. It was felt Ruth Eckerd Hall and the Long Center benefit the City's top goals. It was recommended to include $2-million to help fund Ruth Eckard Hall's $12-million project for replacement, renovation, improvements, and expansion. It was suggested Ruth Eckerd Hall approach other governments for commitments. A request was made for Ruth Eckard Hall to commit to more affordable programming so all Clearwater citizens can benefit from the facility. Consensus was to fund Ruth Eckard Hall $2-million. The City Attorney said Penny for Pinenas funds can be used for Ruth Eckerd Hall because the hall has been declared a public recreation facility. )" , r: ~) ~ ,.10' It was noted the Long Center $1.9-million plans to expand the facility by 10,000 square foot for a stage, auditorium, furnishings, etc. and is asking the City to be included on the Penny for Pinellas list with a $960,000 allocation. The City Manager expressed concern the City's operating expense pledge will increase if the facility is enlarged. It was questioned if a proposed outdoor track is necessary. It was noted the Long Center has attracted Olympic Teams in training. Concern was expressed expanding the facility without expanding parking win be of little benefit. Consensus was to list $1-million for the Long Center as long as no funds are used for furniture. Remaining funds can be used for projects as they occur. Recommended projects total $96.9-million leaving an unallocated reserve of $4.25- million: 1) addition/improvement Fire Training Facility & Upgrade Fire Training Tower - $544,500; 2) extension & repaving fire training ground track - $100,000; 3) Memorial Causeway Bridge replacement - $13~million; 4) Myrtle/Ft. Harrison Avenues .widening ~ $225,000; 5) Druid Road widening - $1 2-million ; 6) traffic signal mast arm installations - $2-million; 7) intersection improvements - $1.4.million; 8) pedestrian bridges - $400,000; 9) variable traffic message boards - $200,000; 10) Mandalay Avenue streetscape project - $750,000; 11) Gulfview Boulevard streetscape project - $1-million; 12) Baymont Street streetscape project - $200,000; 13) Papaya Street pedestrian mall project - $250,000; 14) land purchase - Magnolia Falls property - $500,000; 15} North Greenwood recreation complex - $2-million; 16} North Greenwood recreation complex pool - $1-mHlion; 17l Ross Norton recreation complex - $2-million; 18) Salls Lake Park - $300,000; 19) Moccasin Lake Nature Park - $200,000; 20} Morningside recreation complex - $2-million; 21) Cliff " mws07a.96 5 07/15/96 . :,"~ , l..... ":i." '~ "".', '<' I : k " ': ;..;;.: ,d,-'-,' -:'~ ' ,". .': ~....': , '.' ..' .' : ~<~. ~. '.' " ,',," I::,:. ". " ..:::', ~::', . '.:, ' , .' . I', ":"(". . . . :.:.:,\..: .' . .... ','/ , " . ,. 4,," . ,{~~' ;~ r.. t '. .,' I ,',: .-:-.:.>:: ':'.L': ,; ........C. :" '.: ,~. .1 t. '.....:. ~. ~ . ;: ". . 'n....' :( : .... ..4, '.', ,;\<: ,,'..:.:1 <::: :.:-:' : ~,: :;, ~ .:' '.:,~ :' ~:~:c ,.'" ">:J 1\'~,~~:, .:~l, ~ ).:~.;:::.: .,,1,::\'.- )::,~:\.. ../ I ,r,' P,'::. ". :~ ':: .\. L, '.i' , . ~ '-;', .' "" <. .,1'" . ~ , .'. \:."'.:. ~ :J."':".., 1:'.:.\ ": ~::~.> ',.... ., .'" ' , . < ~ '.~., ~ . ,"<." . .. . :.::::;'{( ,. " ~ . .'. I,'" '.,"., . ; '.;.';','~~.::';':'/ :::./..:\~ :..:, ~ : , , I '; '!':' . ..~. ,'" r' ,',: ......'.}. , ":."~::' L'; '."': Stephens Park - $220,000; 22) Forest Run Park restroom facilities - $100,000; 23) Marshall Street Park ~ $ 1 00,000; 24) Woodgate Park improvements ~ $150,000; 25) SR 60 corridor beautification project - $250,000; 26) recreation trails - $1.5~million; 27) athletic practice field - $300,000; 28) McKay Playfield renovations - $150,000; 29) lake Chautauqua Park North. $400,000; 30) lake Chautauqua Park South - $180,000; 31) renovation of existing recreation centers - $500,000; 32) North Clearwater nature park - $300,000; 33) infrastructure facility for Parks & Recreation facilities & nursery - $2.5- million; 34) Main Library - $12.million; 35) library branch expansion. $1.5-million; 36) North Greenwood Branch Library - $800,000; 37) new fishing/public access piers - $580,500; 38) City-wide geographic information system - $1 .5-million; 39) Memorial Causeway Civic Center - $7.3-million; 40) Kapok recreation & stormwater retention area - $1'-million; 41) stream channel protection - $4-million; 42) downtown storm outfall pipe - $1 .5-million; 43) Harbor Bluff waterfront park - $2-million; 44) economic redevelopment & environmental assessment & abatement ~ $5-million; 45) Long Center - $1-million; and 46) Ruth Eckerd Hall - $2-million. The Commission recessed from 3:52 to 4:05 p.m. ED ECONOMIC DEVELOPMENT Public Hearing ~ ADDrove City's 1996/97 Consolidated Plan and Subgrantee Contract Form Under the Consolidated Plan, the City coordinates its approach to providing affordable housing, creating jobs, helping the homeless, controlling crime, and revitalizing neighborhoods. Neighborhoods are helped by defining their needs and addressing them through an action plan with specific performance measurements. The Consolidated Plan provides the U.S. Department of Housing and Urban Development with a single comprehensive planning document. Under a separate Consortium Application, Pinellas County provides HOME Program funds. SHIP (State Housing Initiatives Partnership) funds are available under a separate State application. On April 18, 1996, the City Commission approved the SHIP local Housing Assistance Plan. Economic Director Alan Ferri reviewed the process used to develop the Consolidated Plan. Staff holds technical assistance training sessions for those interested in providing subgrantee services. Agencies hosted meetings where staff solicited comments from providers, the homeless, those with special needs, and those with housing needs. More than 100 people attended the four meetings. Gathered Information helped staff identify needs. NAHAS (Neighborhood & Affordable Housing Advisory Board) and TRC (Technical Review Committee) members visited agency sites, held a public meeting for agency presentations, and rated the agencies. Recommendations are based on the agencies. average numeric scores. The City Manager questioned if the City Commission could consider requests to change the recommended grant distribution. Mr. Ferri said the City Commission would have to make a determination that an error was made in the process before it could make a change. In answer to a question, Mr. Ferri said proposed funding for the CRT mws07a.96 6 07/15/96 'I ,;:....,:;:;?:..:..~....:..~.)/":.~.';;.;;',.',.N;:!;>\.":/{}i~::::.)/ii.::~?:;.,~~;i'~~"l'~~::""!'!:';;i:i~;<';\)/~t{:~:~;,:.~:/ . .'. '. .' " .... r... .L.I... "., , (". l.... t J .... . .,.," ... '.. , ... . .c.. ,'. '.' 1":1 .' .>~ ., ~ P: .. FD FIRE ~ (Community Response Team) does not come from unspent funds. He noted part of Youth Builders application was listed under Economic Development because the Public Service section if the most competitive. During FY (fiscol year) 1996/97, Clearwater will be awarded: 1) $1,055,000 - COSG funds; 2) $350,063. HOME funds; 3) $60,000 - program income; 4) $350,000 - unprogrammed funds from previous COBG awards; and 5) $572,384 - SHIP (State Housing Incentive Program). He reported local lenders have committed approximately $4-million for the Home Ownership and Home Buyers Programs. The City Manager indicated a copy of the Subgrantee Contract Form will be distributed. Reaoooint Mvron Ahrens & Rick Stucker as Trustees of The Clearwater Firefiahters Suoolemental Trust Fund The State funds the Clearwater Firefighters Supplemental Trust Fund with money from insurance companies doing business in the community. Solely responsible for administration of the trust fund is a Board of Trustees: 1) 2-City residents appointed by the City Commission; 2) 2-City firefighters elected by the firefighters; and 3) 1-member chosen by a majority of members and submitted to the City Commission for appointment. City residents Myron L. Ahrens and Rick G. Stucker have indicated they wish to be reappointed. The law permits Board members to succeed themselves. (\~) l:'. .~~, It was questioned if others had expressed interest in serving on this board. Commissioner Hooper said the board deals with technical investment information and both persons are knowledgeable and interested.. The City Manager indicated Messrs. Ahrens & Stucker have served 4 years. FN FINANCE Recuest for authoritv to oav Charles Kimball. Claimant. Workers' Comoensation Benefits for wage loss from 07/14/89 -03/24/96, for $139,000 On October 17, 1985, Charles Kimball, the claimant and former police officer, sustained a work-related back injury that resulted in him receiving a work-related disability pension on February 12, 1986. Under the state of affairs existing prior to the decision of the Florida Supreme Court in Barragan v. Citv of Miami, 545 So. 252 (1989). the City did not pay both workers' compensation and pension benefits as the City relied on old Section 2.410 of the City Code. The Barraoan decision caused the City to change its position regarding these claims. The Barraoan case holds that an employer may not offset workers' compensation payments against an employee's pension benefits except if the total of the two exceeds the employee's average monthly wage. Thereafter, in the later case of City of Miami v. Burnett, 596 So. 478 (1992), the District Court of Appeal (First District of Florida) held that the Barragan case is retroactive to cases dating back to July 1, 1973. ~J mws07a.96 7 07/1 5/96 Ratify oayment of $153.985 from the Central Insurance Fund made 11/15/95 to cover 2 checks written bv Gallagher Bassett Services. Inc" on the City bank account it maintains for Davment of workers' comcensation claims. for cavmant of benefits to Claimant. Judi Acker, after an adverse decision of the First District Court of Appeals was upheld by the Florida Supreme Court, and approve payment of $65,000 in settlement of the claim by Claimant's attorney for an attorney fee for representing the Claimant '~ Prior to the Barracan case, the City's third party administrators stopped paying workers' compensation benefits when the City received notice that a City employee retired on a job-connected disability pension. As new claims are alleged for past due benefits. they are reviewed in light of the Barragan and Burnett decisions and applicable court decisions. Where appropriate, City employees who previously retired on job-connected disabi1ities, are being paid workers' compensation. On February 19, 1996, Mr. Kimball, through his attorney William Yanger, filed a claim for wage loss benefits from July 14,1989, to March 24,1996. A review of Mr. Kimball's workers' compensation claim file, which was taken in-house by the City from the City's prior claims servicing agent in late 1995, revealed the Claimant had not been paid wage loss benefits subsequent to the Barraaan decision. Risk Management staff calculated the Claimant is due $139,000 for back workers' compensation benefits, penalties and interest. The City's Risk Management staff, Claims Committee, and outside counsel, Fowler, White, Gillen, Boggs, Villareal and Banker, recommend paying. these benefits now. If the City Commission approves this payment, the City will take a pension offset of $52,872.80, as workers' compensation benefits plus past pension benefits exceed 100% of the Claimant's average monthly wage. Claimant's future pension benefits of $1,479.80 will be used to recoup the offset. The City will recoup the offset in approximately 36 months when the Claimant again will receive pension benefits. :-"'1 Risk Manager Leo Schrader said disabled workers no longer have to choose between workers' compensation and pension benefits but now can get both. Current .policy requires workers' compensation be paid and supplemented by the pension to total no more than the employee's average monthly wage. In response to a question, the City Attorney said not all cities are allowed an offset. The City is self insured for workers' compensation. Mr. Schrader said some workers in the private sector are covered only by a wage loss benefit. The City Attorney said this case involves two types of compensation and two sources of income. Other cities have different circumstances. Mr. Schrader said cities without pension plans only have to pay workers' compensation. Mr. Schrader was unsure of the number of potential claims that will result from the court rulings. Deputy City Manager Kathy Rice said the City stopped the practice when staff was aware of the lawsuit. On March 2, 1986, Claimant Judi Acker, a former police officer, suffered a compensable injury at work that the City's servicing agent treated as a medical only claim. Since she received no permanent injury, she was not paid additional workers' compensation benefit. On September 4, 1986. the Claimant was granted a disability : . ~ \~ mws07a.96 8 07/15/96 ;.. ,. ..;\' I;',~ ~' :':r, GAS GAS SYSTEM ~ pension by the City and received pension benefits only, in accordance with the City's pension ordinance. ~..;:I On November 14, 1991, the Claimant, through her attorney William Vangor, filed for workers' compensation, alleging she had suffered a physical injury and was entitled to workers' compensation benefits for the period subsequent to September 4, 1996, and continuing for life as a person with a permanent total disability. The City and its servicing agent, Gallagher Bassett Services, Inc., vigorously defended the case but the Judge of Workers' Compensation claims entered an adverse ruling against the City. The First District Court of Appeals upheld this decision and the Florida Supreme Court upheld the Appeals court decision by refusing to hear the case. '.' . :.,;', ':::' Faced with an adverse award that could not be appealed, Gallagher Bassett issued two checks totaling $153,985 from the City's bank account and sought funds to cover the checks and replenish the account. Risk Management staff authorized the funds. The Claimant's disability pension benefits were suspending, pending recoupment of thB overpayment of pension benefits resulting from the $153,985 lump sum payment. ':. I' . ~ . ":.. ::1 ,:.1,,' '" The Claimant's attorney has agreed to accept $65,000 to settle his attorney's fees for representing the Claimant. The City is not required to settle Mr. Yanger's attorney fee claim and can leave the determination of a proper fee for representing the Claimant to the Judge of Compensation Claims. Staff recommends the City settle Mr. Yanger's claim for attorney fees for the sum negotiated by the City's outside counsel. Risk Management ,{i'~ . staff, the Claims Committee, Gallagher Bassett Services, Inc., and outside counsel, Fowler, r'.:~', White, Gillen Boggs, Villareal, and Banker, P.A. recommend this settlement. . ., ,":':. ~: -: ~'~ '{:" " , . .;.. :,':< ,:,,' Mr. Schrader said staff is trying to resolve the issue regarding the Claimanes attorney's fees. In answer to a question regarding replenishment of the Central Insurance Fund, Finance Director Margie Simmons said the fund is budgeted every year. The City Manager indicated the fund's expenses are calculatod and prorated to each department. Ms. Simmons reported an actuary reviews claims and the City's history and recommends a level of budgeting. ,. .... j .q < :'.'1' . ~ .,' . ~,;. Legal Service Agreements with: Akerman. Senterfitt & Eidson. Orlando. FL (environmental): MUler. Balis & O'Neil. Washinaton. D.C. (federal regulatorv): William J. Peebles. P.A.. Tallahassee. FL (Florida reoulatorv): and Figurski & Harrill. New Port Richev. FL (Pascol. orovidino specialized counsel to the Clearwater Gas SYstem, approve increased funding of $10,000, and provide for City Manager approval to extend subsequent annual year contracts with these firms ;. ':', .,'.!' "j. .:,; . '/~':: ......;. :.,' . '. I~ ;',.':. "'".'-- i.' < To employ specialized outside legal counsel, the Legal Department developed 4 standardized Legal Service agreements which provide: 1) a 1-year contract period; 2) indemnification; 3) insurance; 4) scope of services; 5) compensable expenses; and 6) a per hour professional fee schedule. (,I:, ,::'.: '." ;", f,' .. ; , ., .... .' ;.,.) mws07a.96 9 07/15/96 "'e I r'L, , " . . "'.;:. ':" , : '. I,", ,~ '.\' .: " '. .~. ,:' ./ 'c , ; ~ .': " " ...;" ,'" :,,':." ,': ..,": :" :.:,:< ;. ::. ',:'" ',' j. ' . ,.' . .". ' :.'~':~'.>/I .. In response to a question, Mr. Warrington said the City will retain ownership. He expected tanks located far from natural gas lines will remain buried for some time. ~":.; , , , , ". ~ The first agreement is with Orlando firm, Akerman, Senterfitt & Eidson, P.A., which represents the City and eGS (Clearwater Gas System) in environmental matters concerning the MGP (Manufactured Gas Plant) site, has negotiated an Intergovernmental Agreement with FDEP (Florida Department of Environmental Protection) I and represents the City before. FDEP. On March 18, 1993, the City Commission approved the original contract. Staff requests a $5,000 increase to adequately fund the remainder of FY 1995/96. In FY 1995/96, $15,000 was budgeted for outside environmental counsel. . : . ~. .. . .'. (. .;' , '". . .'....:' .. ." .' ., ,.... The second agreement is with Washington D. C. firm, Miller, Balis & O'Neil, P.C., which represents CGS on FGT (Florida Gas Transmission) issues and FERC (Federal Energy Regulatory Commission) review and hearings. No additional funding currently is needed. In FY 1996/97, $10,000 was budgeted for outside Federal regulatory counsel. ./.,..:: .' 'j. . > ~ . \ ... '.,.. . II The third agreement is with Tallahassee law firm, William Peebles, P.A. Mr. Peebles represents CGS on natural gas related issues before the FPSC (Florida Public Service Commission) and other State agencies. No additional funding is needed. In FY 1996/97, $10,000 was budgeted for outside Florida regulatory counsel. .., . ~,~ ..... .....!\.. ,'.:, .'- .... ...., ".. " I' ~.' . , .'. . ,P. ~ The fourth agreement is with New Port Richey law firm, Figurski & Harrill, a Florida General Partnership. Mr. Figurski represents CGS regarding franchises and other Pasco County matters. Staff requests a $5.000 increase to adequately fund the remainder of FY 1995/96. In FY 1996/97, $10,000 was budgeted for outside Pasco counsel. . ".1 /.::: :.~.~. I '..; ,'::. .. .... :: '>"1 . ,; : i p~. ~ c :~:':~.::"..' .:':' . ..... {:::;:,'~ ~ l.jJ C:'!:.' Staff requests authorization for the City Manager to approve subsequent year annual contracts to extend services of these 4 outside law firm services providing each amount is $25,000 or less annually. " : . ": .. . .. .... In answer to a question, CGS Managing Director Chuck Warrington said environmental matters at the MGP site will not be solved soon. He expected a rebate for some expenses. Staff has researched insurance policies on the property dating back to the 1 930s. One company has reached a settlement. Attorneys' fees and clean up have cost approximately $150,000 so far. Clean up costs are included in CGS rates. : '.~ ., .~ ':: ;../ ';.": '. I' .. :, ~ ,~': .: . . ....1. ,;.'..:./: ''', '. ... .,' ~'.. .~::: . ':'.: S 'I'.. Purchase underaround DrODane tanks from American Weldina and Tank. Camo Hill. PA. for an estimated $43.416 < '. ~ .: ,~" '. . .. To meet residential and commercial demand for buried propane tanks, staff recommends purchasing 108 underground 250 gallon propane tanks for installation in the northern expansion area, including Pasco County. ;;' .:1....,: ..' ,I ,.. ~, \ ~ I > . ,':1 '. I}. " . :'.~'.( , :1..' HM HUMAN RELATIONS . ~'; , : : . .' " '. :' . ~ 0.,./ r: , " ~. , " ., '.. I , ".',: ::. ~....l . ..... y mws07a.96 .10 07/15/96 . ' . ' .f' :. , . I., . . .,":' .... . . , . , . '. l> '., '. . l~ ,~,: '"..J..., . '. " . .'.... ". .~. 4' . ~.. J -",. ' )1 n . I, t. . .. ..' '/' ;':' u,~:-;:~;.~,:.;..,..:... . . :".'. . ,"", .,' ...',."'... ".'.". ,. ..,,,.,.!',.:';..: ~. "'..... ....;;>.'... . .",.<.>.::>::..>i:'~..;.,'?~:~:::;::':~.'::".::~:..".'..>'...,.:. . ,....,;. ,.' ::,.:.'.....;;:..:.:,:'::.:::,';..:.:.,:,....~,..'.,..:.'.::,.....,..;\,.."..:, ;...;.::',.:".;..~:,:.:.~:.::.'.:.'; :..;,.::.:,'~,':.':.~'..':. :.:.'.'.~;....'...:'..:...:;:,.,.,'....:...':..:.:.'.~.: \:.:, ::,: .:. '. .' : <, '< '::: >. :: ...:i':~ ....: .: . ." . .. ' .... .\.. . "><':' ", '. " ." ,.. ...' .,:....';:.. /;:: i'" , ~,: .' ' "\','" ,', ' ,::',L',/,<,:r':;,";:\':,:~],!:')';~',;/::'~ : '-f;\;;i,,;':!J,"',:\ ' . ,: . ./': .:". J' I . ~ ";,:"/~,,,':'''.<:'::.::, ;.: ,:, H:::i, ...;'.: <' :.1: ".t::: . '. :,,::'..~:>'> '.:,' .> : ;1...., ~ '." ~ .'<: .. , (:. \:':. :.' .' ~ ',' \.: "o,j .' ,lc,; ". . ,.:'.' . .. " . '.' :'r, .,. ".:' .' ,'.' '. I ~ . \" ., . '.1: " ..":, ~ : '. I.J' ; . , ,I~. '::. f '~':;:' " ,\,',;,':. ".,':c . >.. .,. ","" . . .' ..>, ..1 -: .' , ~. .'. f, ,.... . , r.." " " ~ . \ ' I '. ' '.' 'l.l , '. .~ . " ~ .~, ;;'; , , ..I"t. , . '" ~ '.'.' ,.., . I.....: . " f:::' ~.~! :.'., :.' '.,1:.i. ".: ~' , ' '.' I I. :'. "',::. !. ....... .;, .;1.' ). ;;.. I',': '" : ". p, ~ I ~ . I} ,. ;' . : I .. ~ " ::r . ~... ~ . .~,'::". . I", ,. ~, . ,~ ' J , 1"'~' .~.~ ".,1 ... ;,.;1 . ~.;, .', ; v . '. ~ ~ , ..' . :,",';: ".>, ~ ", 'I..'. " .... ; , ~ ",/ .' " . \ ',' ,'. . "':'. .! ,;.' I '. \, . , l ~ .:'",,: . ,. .... . . . /:., '. '.', ,'., " " . :'~.L':'.~~.:~<'r ,-, ~ . ~ ' ...,~. '. ~ :. >:: ADDrove recommendations bv the Technical Review Committee for allocation of city social services funds in the amount of $62.000. and ~lCcrove crocosed contract form for funding contracts related to FY 1996/97 City of Clearwater Social Services Grants By City Commission direction. the Social Services Grant program was made competitive effective FY 1993/94. tn March 1996, staff mailed grant application forms and instructions to area agencies. Agencies could submit only one application per project and were asked not to apply for the Social Services Grant and under the Consolidated Plan for the same project. Agencies were advised anticipated funding for this program would be $62,000. The City received 34 grant applications totaling $257,206. The TRC (Technical Review Committee), impaneled to rank applications, convened on May 28, 1996, and made funding recommendations. TRC members included: 1) Barbara Butz - HRS; 2) Alex Barron - Morton Plant/Mease Hospital; 3) Elizabeth Smoot - Pinellas Technical Education Center; 4} Jerome Brown - Pinellas County Social Services Department: 5} Jill Perrino - Clearwater Community Relations Board; 6} Herbert Freitag - Clearwater Community Relations Board; and 7) Dorothy Whitlock - Juvenile Welfare Board. Due to illness, Ms. Whitlock did not attend the TRC meeting. TRC recommendations are based on the agencies' average numeric scores. Most proposals were funded in amounts less than requested to permit a greater number of agencies to be funded. TRC recommended funding: 1) Pinellas County Head Start - $7,000; 2) POC (Pinellas Opportunity Council, Inc.) - Youth Development Program - $2,500; 3) HEP (Homeless Emergency Project, Inc.) - $6,900; 4} Quality Child Care Center, Inc. - $6,000; 5) RCS (Religious Community Services, Inc.) - The Haven - $8,000; 6} CSF (Community Service Foundation) - $5,000; 7} Coordinated Child Care of Pinellas, Inc. - $7.000; 8) Creativity in ChildCare, Inc. - R'Club - $9,000; and 9} Tampa Bay Harvest - $10,000. Human Relations Director Eleanor Breland described the application process. Agencies could apply for amounts up to $10,000. Staff will research if HEP (Homeless Emergency Project) or CSF (Community Service Foundation) receive City funds under another program. It was noted the City provides funds for 2 separate HE? projects. Concern was expressed the TRC had recommended $10,000 for Tampa Bay Harvest when many agencies need money. Ms. Breland said Tampa Bay Harvest is the only agency that collects and distributes food to other agencies. The City Manager noted the City has no staff members on the TRC. She expressed concern the $10,000 contribution would be used to pay the salary of a loaned executive. Ms. Breland said the agency has more than 900 volunteers and needs funding for a staff member. Staff was requested to provide information regarding the executive's background. It was noted Harvest agencies across the country do not have paid executives. Additional information will be provided. Concern was expressed Tampa Bay Harvest received full funding while higher scoring agencies received nothing. Ms. Breland said the score determines if the program meets qualifications. The TRC also considered jf the program would address community needs. The consensus of the TRC was to support this funding recommendation. It was questioned if the TRC had prioritized a list of agencies they could not fund but felt addressed outstanding needs. Ms. Breland said the TRC had felt all applications were mws07a.96 11 07/15/96 . . ., ~ :. , . "! ".':':~({ > :' ' ':'j' ! + h. , , '," . ~ . ",. . . ..: .' ;:: ~':...' '. . .. ::':~ '. . . : ~ c . ,.' . ','. , .. . : ~ ., :'. , " : '. c c . :. I.".. '. \ ..... ..... ,:.;..~...':.:...I'" :..>. :.,~ ,...'........ \..: '..: .j. :... . .'.:...::::"')'.1::;'.:"..:"'(,:.: : .' ~~. . :;..' , ." ~: :. l." , . '. I....;. ' l' '... . ~ ~'. ; > . 'I. ,I ',' ' ; " ' ',~' I;. p"-' " . ,'.' .l-. ,....."..:.. . I,.,..:'. I . '~"c . .j,.1 '( ,. ...~ ':,1 '.: " ".' ~ '. , , I '. . ~: . " ., ., ~ ,~, .. ...,.' ,:' ,. . ,I. ,f'. r, '.;' '\'" < I , \.' : '. . ' . . ':' ~,'" 't \. ~'. ' ~ . . .; <:.:\:~:.:,.;.:.;;.~~:.",. ..; >)'"7'; :"..' . ' " , "::\:\: : ., ~ ' " ...., , , ::. . ~ ':' r .~}..~. . . I. > :.~ :'c '\' c ' .. .,' : ~ .. I :. . ." .. '" !j' r . . 't. '.. " :(.:'. ::. ~, .,'.... .1. '. / .. y mws07a.96 12 07/15/96 ~ worthy of funding but they did not have enough money. Funding is included in the FY 1996/97 budget. PO POLICE Contract to pinellas Countv Sheriff to orovide latent finaerorint examination & related services. as well as crime scene services. including evidence & orooertv storage, to the Police Dept., for the period 01/01/97 ~12/31/97, for $343,855.50 Since January 1, 1994, the Sheriff's Office and Police Department have had this contractual arrangement covering latent print examination, evidence storage, and crime scene processing. The current contract has been renewed twice and expires December 31, 1996. Costs increased 4.25% from last year to $343,855.50: 1) $63,713.23 for latent fingerprint services and 2) $280,142.27 for evidence storage. The base workload of 2,000 crime scene processing calls for the contract period is based on $125.90 per call. The base was established from Police Department data over the last three years. The Sheriff established personnel and equipment needs based on 2,000 crime scene calls. Requests for service in excess of 2,000 during this agreement will be billed at the $125.90 rate per call. The contract includes an option to renew for 2 years beyond the original contract. The Sheriff may increase costs no more than 4.25% each year in the option period. r"'J~~~ . .~),' In answer to a question, Police Chief Sid Klein said the contract was based on a calendar schedule since its inception. It was recommended that the contract's renewal date be based on the City's budget cycle. Lease Agreement with Bohunt. lessor. for oremises located at 1453 S. Greenwood Ave., Space S, Clearwater, FL, for the period 07/01/96 -06/30/97, at rental of $3,000 payable to lessor, which is maximum sum due for all services to be rendered during term of lease (ra South Clearwater Police Mini-Station) In May 1994, the Police Department was awarded a grant to establish a South Greenwood Patrol Team which now consists of 7 officers. Tha team has been located at the Ross Norton Recreation Center which has a 1 50 square foot office for 3 officers. This 800-square foot office is centrally located and will provide work space for personnel and storage space for equipment. Space in the recreation center will revert to the Parks & Recreation Department. In answer to a question, the City Manager said funds for these positions are included in next year's budget. She agreed the team would have no other real estate expense. The Commission recessed from 11 :40 a.m. to 12:02 p.m. EN ENGINEERING i ~. \. , I ~. This study will evaluate the rates and rate structures of the City's solid waste, water, sewer, and stormwater utilities. The study's conceptual design of each utility's rate system will include a revenue sufficiency analysis, a five-year financial management program, an analysis of the current rate structure, recommendations for rate structure modifications that meet City objectives and comply with generally accepted rate-making practice. The five-year financial management plan for each utility will include equitable rates and fees and an automated model for periodic adjustments to the financial management plan and/or rates and fees. ~ Contract through Purchase Order for removal of Brazlltan Peooer at COODer's Point to Stan Cisilski. Inc., St. Petersburg, FL, for $66,700 ":'1. Cooper's Point is infested with Brazilian Pepper, a noxious invader that grows up to 10 feet per year and threatens the environmental integrity of City and neighboring property through loss of desirable plants, wildlife, and coastal habitat, and increased storm erosion and property loss. By agreement with Pinellas County, a co-owner of the property, Clearwater agreed to maintain the environmental integrity of Cooper's Point. The County has approved this phase of the project. ,",: . " ~ .; , Eliminating the Brazilian Pepper seed source from public property and a small portion of private property on Cooper's Point will maximize the City's ability to avoid serious environmental deterioration and habitat loss. On July 20, 1995, the City Commission approved a cooperative funding agreement with SWFWMD (Southwest Florida Water Management District) to restore Cooper's Point. District funding covers Itwetland" area restoration, design, permitting, and service. The District will reimburse the City $14,475 for this work. On March 20, 1996, the EAB (Environmental Advisory Board) recommended approval of the contract. .",: \:... , ~', ~ I. ,: . .' , . .:.....~: . ..... .'.:' tfl~:Ttt l...." ,. , ......,J Concern was expressed regarding staff's recommendation to use public funds to remove Brazilian Pepper from private property. Director of Engineering Rich Baier said the removal represents a large investment and the amount of private property is small. It was suggested the City charge the property owner for the Brazilian Pepper removal. Mr. Baier said this work does not fit into the lot clearing process. Normally, he would not advocate this type of work but felt it was important as seed dispersion is the primary way Brazilian Pepper propagates. The public property would be reinfested quickly if the seed source is not removed. It was recommended the lot clearing ordinance be reviewed to address future environmental issues. The City Manager said this is the first time the City has used public funds to clean up private property but felt it was the only reasonable solution. '.,\. " . :: ~: .. I.:' ~ , . . ." .' I... ,', ., :\,,', In answer to a question, Mr. Baier said staff continues to work with the adjoining Clearwater Christian College for student volunteers to help with the project. ,'. ; .'. . L: ~'l1 ': I Imolement Phase I of Utilitv Rate Study with Enoineer of Record. Post. Bucklev. Schuh & JerniQan, for $97,526 \~..; " /1'.' ~ ~":(\ .' ~ .. '. '. ~."', ~': ~/ .!. , ... Phase I of the Rate Study will be complete within 3 months. A scope review for Phase II will be submitted upon completion of Phase I. .'t:( .~ ': I . ',1 > ",' .~ mws07a.96 13 07/15/96 .. . .. , . ~.' ';'.' ,.' .. . '., 't .... ., . .' , ."', ,'t::. . , " " ':\:.;~ :,.' '.~:.. . , . ., '.' '>. r." . '1. .. ~.. '. :': "" ' '. .>;" ...., >,' ,\,' I . . ",' " . , I.. :'j,'~ ":;'; :. .'~ . ';: ' I. . " . ." .'.>' / \. . '. /,: ,:;:;,...,',:'<,:");,:{.,)"/:.,,, . ':'. <:'. . ,..... .'\>. " ",j: .~. ~:'~'~'.:','<;" ~':~\'.";;":r',.'.~' :j/':>~ ~..:.., .' ~.. :,.1,:. to ,l'.':::,f\ ;"~:-:" ,;'.,t.~.::: I.'. ; :".',::." :'., .',' ." ,. .. ..';.t.':"'"'.'''',~:::"",''' '''~'~;'':';'.:'. ";',\ .,..:.... ,'. ' ';", ,:.. j . . . I.,....:.,' ~. :,.' '. .:'. ....:.......:.:~:..' .... ... : :. ';. .... .'.. ., :. . ., . .' . . .. ,. . . . .' :<...:.:,1.<. ,:,.:, .... '>;>,~..~. ~;..,.:..~;.:.:,/.'I:.'.,J.... .. ",'. ;:' ': ,. ,~ . .. '..<:,;.i.~./'.,.:,. ::. :,: '. . :: " : '.: ..' /: ,.' . .,,'.. :;'; , .. :,' .,':: . . . . ' : ...... .',....:...:..<'.:.:...!.:.:,.:.:.'.. ..'::.~...'. ';,' ~ :,' .,;,~i'. ..'.:'...,:......,. '::,:..:..~.'.... ;,.~.:.:.!...,.:,.:.....~.',..'::....~ ',. .... ....'. ','>',...: . ..' .' .:: ....:.::,....:.':..,..,..::..,!..::.:.',.".'-,.. ~.~ . ~'. "" . :\',', ,'.." ....,. ........1.,... '.' . . '.' ::.:...~..:"i....:..~\..:..:.,.;~~........'.... ,.. . . ,':,::...:I:'(~:,;:', i:....' :.. ;\c' .~. ".~I.':--.' '.. \.' ....'". .' ',:~ :.;. "{"'..' :.;:,.... 1:,-'.':" ..... Consensus was to add the scheduling of utility rate studies every five years to City Commission Policies. ''1 :The City Manager reported rate studies on these utilities have not been done in years. It was suggested studies should be done every five years. In answer to a question, Mr. Baier said the study is too large and inclusive to do in-house. Contract for Stevenson's Creek Channellmorovements w Phase II to Kamminaa~ Roodvoets, rnc., Tampa, FL, for $3,780,610 This project is Phase II of improvements to Stevenson's Creek to provide stormwater flow enhancements from the southerly termination of Phase I improvements at Pierce Street to the Jeffords Street and Hillcrest Avenue intersection. Project designers, COM (Camp, Dresser and McKee. Inc.), have worked with area residents, the Chi Chi Rodriguez Youth Foundation for Glen Oaks Golf Course. and regulatory agencies to provide an environmentallv acceptable project that enhances stormwater flow and reduces area flooding problems. (~~~~ ~\f'7 New culvert roadway crossings will be constructed at Hillcrest Avenue and Pierce, Franklin, and Jeffords Streets. Additional culverts will be installed at Court Street and Druid Road. Settlement material will be removed from Lynn Lake. Gabion systems will be installed on either creek bank from' Lynn Lake to the new settlement area on Jeffords street. Two settlement removal/creek access areas are on City property purchased for this purpose: 1) north side of Jeffords Street West of Hillcrest Avenue and 2) the southeast corner of the creek and Druid Road. As required by regulatory permits, the project will be constructed in mini-phases: 1) Pierce Street to Franklin Street; 2) Franklin Street to Court Street; 3) Court Street to Druid Road; 4) Druid Road to Jeffords Street; and 5) Jeffords Street to the Hillcrest Avenue intersection. The 375 day project will start about August 1, 1996. Mr. Baier said the project is based on a model. New culverts and gabions will substantially reduce flooding. Meetings were held with affected citizens. Chief Engineer . Terry Jennings reviewed the project. Street crossings will be replaced by larger structures. Delay had occurred because of a design change at the confluence of the creek's branches. He distributed pictures of gabions used to widen the creek. Gabions are easy to maintain and are a method preferred by environmental groups. Staff has 25 % of the easements they need. Grass areas between street sections will allow water storage and are designed with a pleasing environmental contour. Betty Lane will be rebuilt as a single road. The golf course will be affected in a minor way and some trees along Druid Road will be relocated. The project will reduce the number of properties affected by a 25-year flood. Flooding will still occur during severe storms or hurricanes. Mr. Jennings said the City had purchased property to allow access for equipment to remove deltas in widened sections. Two additional box culverts will be added in the creek. A flood plain is being created on the golf course and sediments will be removed from Linn I~ mws07a.96 14 07/15/96 As required by regulatory permits, the project will be constructed in mini-phases: 1) Pierce Street to Franklin Street; 2) Franklin Street to Court Street; 3) Court Street to Druid Road; 4) Druid Road to Jeffords Street; and 5) Jeffords Street to the Hillcrest Avenue intersection. The 375 day project will start about August 1, 1996. ,~ Lake. Gabions will be installed along Jeffords Street. The project will occur In phases. Mr. Baier said there will be substantial maintenance of traffic and impacted businesses will be allowed additional signs. In answer to a question, Mr. Jennings said the City has easements to some sections of Stevenson's Creek and owns other sections. Weir structures will be installed in some locations. After the project is completed, the City will be responsible for upkeep. It was suggested adjoining property owners should have some responsibility. Mr. Baier said the creek affects the whole community. Mr. Jennings said the project's goal is to limit flood events. When the project is finished, staff will submit maps to FEMA which could result in reduced insurance premiums for affected residents. A request was made for the total cost of the project including property acquisition costs, consultants, etc. In response to a question, Mr. Jennings said only two bids were received as few contractors are unable to undertake a difficult and complicated project. Kimmins had to complete Phase I after the original contractor was unable to continue. This phase does not deal with tidal waters. Prefab culverts will be used as some of work will be done during the traditional wet season. Authorize continuing Consultant Services Work Order to Post. Bucklev. Schuh & Jernigan. Inc.. for Construction Contract ManaQement of Stevenson's Creek Channel Improvement Contract, for $327,003 t<;1~ <-.~,.: . The proposed Work Order Approval provides that PBS&J (Post, Buckley, Schuh and Jernigan, rnc.) provides fulHime Construction Contract Management for the proposed Phase II of stormwater flow enhancements along Stevenson's Creek from the southerly termination of Phase I improvements at Pierce Street to the Jeffords Street and Hillcrest Avenue intersection. PBS&J will provide: 1) Construction Observation for quality control and regulatory compliances; 2) traffic controls systems observation; 3) coordination of citizen inquiry and involvement; 4) field engineering changes as necessary; 5) materials testing; 6) construction records; 7) payment measurements and processing; 8) record drawings; and 9) compliance certifications required by permit agencies. Engineering Services Division Survey Crews will perform surveying layout and as-built records data acquisition. It was questioned if PBS&J will coordinate citizen inquiries and involvement as part of their services. Mr. Baier said PBS&J will be at the job sites every day, available to answer questions. They will be involved with citizens on a day to day basis. Staff will print PBS&J's telephone number on the sign identifying the project. ".) mws07a.96 15 07/15/96 ~ License Agreement for vehicular Darklno over a 1 5x90' Dortion of city-owned real orooertv. Sec. 16w29w16. M&B 22.32 to William E. & Marilvn M. Rowe, as consideration & in exchange for their conveyance by Special Warranty Deed of a 20x75' portion of real property, Sec. 16~29.16, M&B 22.27, with estimated documentary & recording fees of $45) At the request of Cleveland Street residents in the 3000 block, the Cleveland Street Widening Project, using Penny for Pinellas funds. will widen the street approximately 550 . feet West from McMullen-Booth Road. The 10-foot wide road will be widened to a 24- foot, 2-lane road within a 40-foot wide right-of-way. In a 1970 Petition for Annexation, five property owners on the South side of Cleveland Street conveyed the northerly 20-feet of their properties to the City as public right-ofwway. By Resolution 94.1 7, the City dedicated additional right-of-way for the project from the southern boundary of Chesapeake Park. The Rowe property and two other parcels on the South side of Cleveland Street remained unincorporated and did not convey additional right-of-way. In November 1995, the City acquired two of the remaining unincorporated parcels. The Rowes' conveyance of the northerly 20 feet of their parcel will complete all the South halt right-at-way for the project. Only a 20X50 foot conveyance from Pineltas County is required to complete the North 20-loot half right-ot- way. (';.:.'i >....... "'.. . , As consideration for the Rowes deeding the 20X70 toot right-at-way strip, the License Agreement for Vehicular parking would provide them with a 15X90 foot area immediately adjacent to their East property boundary primarily for the purpose of parking their motor home which they presently park along the right~of-way. The License would terminate if the Rowes sold or abandoned their current residence, or upon their death. The City expiicitly renounces any liability for use ot the license premises by the Rowes. Additional terms require the City to plant and maintain a row of trees outside the easterly limits of the license premises, and maintain the premises as part of its normal schedule for the parent parcel. Mr. Baier said the Rawest residence extends into the City's right-at-way. The agreement will allow the Rowes to use a portion of the City's berm to store their motor home. The street will be moved closer to their house. This is one of a few streets in the City not paved. He indicated attenuation requirements must be met when paving a street. The road connects to a McMullen-Booth Road bypass. Contract tor landmark Drive Extension to MTM Contractors. Inc., St. Petersburg, FL, for $1,056,130.80 This project extends Landmark Drive South of Enterprise Road to Marlo Boulevard. The roadway will be a standard three-lane tacility with curb at the Enterprise Road intersection. After the extension crosses Mullet Creek, the roadway will taper to a two. lane section without curbs. Regulatory permits require constructing stormwater treatment and wetlands' mitigation areas which will be placed on City property South of Mullet v mws07a.96 16 07/15/96 .. . .' The Commission recessed from 12:42 to 2:23 p.m. I.',' ~. .' ,./ ,.." Creek, adjacent to the East Landmark Drive right-of-way. No connection is being made to Saber Drive. '. . ,'. . . .::, When the Parks & Recreation Department establishes a location for an entry road into Lake Chautauqua Park from the Landmark Drive right-of-way, consideration will be given to a change order to this contract to extend Landmark Drive to the entrance location. The 180 calendar day project is expected to begin on August 15, 1996. c, , . . " " .::' . .'" .I'~;' Final drawings of the extension were requested. Mr. Baier said the road will be centered. With the Vogel agreement, the right-of-way is 15 feet wider. '," . ,. ".I,:' .' Contract for Maanolia Drive Dock ReDlacement to Seaway Marine Contractors. Inc., St. Petersburg, FL, for $119,830.62 ',", ..... .'.~;' :. ":'".' ~.~~ r.~. .c~..',~ This contract replaces the Magnolia Street Dock which was destroyed in the March 1993 storm at the same location, general size, and configuration as the original structure. The approach dock to the roofed pavilion area was narrowed from 10 feet to 7 feet. New features include: 1) automatic security lighting beneath the roofed pavilion; 2) raniped ADA access; 3) PILE-GUARD protected wood-piles; and 4) a higher elevation. The deteriorated seawall across the right-of-way at the foot of the dock is being replaced. An alternate bid was included to place a 6-foot black vinyl, chain link fence across the Magnolia Street right-of-way, behind the seawall replacement. A rolling gate at the dock entrance will restrict dock access after dark. PBS&J prepared the structural engineering design and construction plans at a not to exceed cost of $25,668. . II' :......: ~: .1..::. .'. ,",', ',~c '. ' c":' ....j, .:'~~'. : ",/ ,',' ,::.\", ,I" Mr. Baier said the majority of homeowners in the neighborhood support the project while homeowners adjacent to the dock do not. It was noted use of the previous dock at night had caused problems for neighboring properties. In response to a question, Mr. Baier said the majority of neighborhood homeowners felt a shaded area on the dock is important. The dock will be lighted and fenced. In reply to an expressed concern, Mr. Baier said people have a tendency to look through black fencing without seeing it. He felt vinyl covering is important as the salt air would make a metal fence unattractive. ~,. . .' i. :",,'i "". ..:...; .i; . \\.: \ ':'::,\ :.;-, ),~ :: .:' " " ~ I',:" I ~. Contract for Cltv Wide FuelinQ System located at the Solid Waste Comolex to Nichols Industries, Inc., Niceville, FL, for $144,150 ",I," . .~ . ',A . ",/ . .. .,..... ., . The City proposes to construct a new vehicle fueling facility at the Solid Waste Complex at 1701 Hercules Avenue to replace the current station at the City Hall Annex which is in non-compliance with current FDEP (Florida Department of Environmental Protection) regulations and will be demolished soon. The proposed facility will consist of 3 12,000-gallon, double-walled, underground fuel product storage tanks including an interstitial electronic leak detection device and a stage one vapor recovery system. Petroleum product storage will include 12,000 gallons of unleaded gasoline and 24.000 gallons of diesel fuel. The facility also includes an emergency generator to power the fuel dispensing system fuel management system and security lights for emergency operations. (. ,. '.," '. . ~ :'<':\.' . '<:'.. 't"," ' ;,1'" I,...... I ".: I,' :; ::/. " -,\'. ';\.. ,~ mws07a.96 17 07/15/96 . .~ :.1,: . ",. 1'::'\' ., .' ~:? . .... .c. ;, '1' , , ','. ~ .,: . " I, .;.. .. . . ".. .....< ";', ...., ,i..' ..l" " .; .... '.. '.. (;~:.. '., .:h:,,.,;.;.)+.:.;:;. . . I . .+'.. I .;':. '. ~ ~:"', \,;. ~... .:."; '.:'.; . . _ . '. .' .. . ;. .;'.".< .' .,: . "... :.:, ~.'. :',:.' : . , '. . '.~... I . ... J I . . "/ '. :,:-);'.':':.;':';:j~ '.',.':.!=, :" ~.:~.::':::.:~~.,:' "'.' .,......',:. r ...... 1 . I .' " '.' . :' :. ". ". '. : \ ., ., '. ~ "I'. ",. . . . ~'. ,'_ . . ':...... .., .' ::'" ...':............ .' . " ~ . .... \. . 01: ':.., . \ .: . : . :. .' " .. ' . ' : ,'. ;. ',':' . ~ ' '. .' . . . I" ~ . , " ,:.....:,.;' . . = '. ~. ....'".. ..... ' . , '~ t ' ...:~;.:.::i::./ ::>.;....",'.'.-:::.,':./:.., :.:.:;, .. ....,:;.,;.. : .., .'.:><.. . !...... \.,:: :'..::.-..:"':.\' ~.:'.'; . . ..:.. ,:.,,~,,:.j .' ~~. \..j "I' .~. ......'.:. ,','," -~: ",:', :.: 'c' . ".' .' '>. ,'.'. 'I " '. r. '>'.. .....:.,~,:.I. :'. ;,'.tl'\ ." . . . ' . :. ., . '. ,'. ; ." .... " . . ~ , ,. I' . . 1..., I...... ,," .-:' . ., , I .'..'<::....:.:.\;,~.<(...:...".. :.~...,:. '. . .. C,. I '.:', .... .i.::.,.:.I: ,":-: ' !.~ ., '.' .... ,', .' ..I:..., ." " ...~.:. The City is conducting a PD&E (Project Development and Environment) Study for replacement of the Memorial Causeway Bridge. The praject's next phase is design and could commence within the next budget year. During the last Florida Legislative session, a bill passed which allows FOOT ta enter into agreements far reimbursement of local funds spent on the State Highway System for projects not funded in FOOT's 5-year Work Program. Legislation limits FOOT's total commitment at anyone time ta $50-million. ~ The facility will be compatible with tho proposed Fleet Maintenance fuel management system which Fleet Maintenance will install under a separate contract. The Solid Waste Facility's site plan has been recertified to reflect the addition of the fuel tanks and dispensing islands. The proposed site design and location minimize negative impact on the complex's daily operations. This site will provide a safe and convenient facility to fuel large trucks as alternative commercial sites cannot safely handle larger trucks. Tax exempt fuel purchases can be handled in a more efficient and expedient manner than using commercial sites. Acting General Services Director Fred Belzel said the project will have emergency power. He hoped the City would not have to clean up this property. City vehicles working in the immediate area will use this fueling site which primarily will deliver diesel fuel. The City Manager said the City has a cantract with Wright Express throughout the City for regular gas. Agreement was not reached on a similar contract for diesel fuel. In answer to a question, Mr. Belzel said the City can file for a tax credit on gasoline purchased through Wright Express. It was noted the City does not receive discounted fuel through Wright Express and does not have to finance their facilities. The City Manager indicated staff saves refueling time by using City-wide distribution. The City's other fueling facility is at the Fire Station at Countryside Boulevard and SR 580. Mr. Baier said the City has the option to demolish the fueling facility at the City Hall Annex last. "'I~ (~,I\:~, ........., Memorial Causewav Bridee Design Phase - commit the City to budget a maximum of $3- million for design of new bridge to replace existing Memorial Causeway Bridge at Clearwater Harbor, and authorize staff to negotiate with FOOT (Florida Department of Transportation) and to prepare a draft agreement which will allow FOOT to reimburse the City for funds expended for design & construction of new bridge pursuant to House Bill No. 539, and authorize City Engineer to begin negotiations with HDR Engineering, Inc. to supplement existing professional services agreement with HOR dated 10/21/94 Staff recommends the City take advantage of this opportunity by approving design funds in the budget and authorizing City staff to negotiate an agreement with FOOT for future reimbursement. A commitment to budget monies for a least a phase of the new bridge is a prerequisite for FOOT consideration; At this point, the City only would commit to fund the bridge's design: the exact location and type of bridge to be constructed will be determined as a result of the ongoing PD&E Study. Section IX of the existing agreement between the City and HDR Engineering includes provisions that allow the City to negotiate with the Engineer to perform final v mws07a.96 18 07/15/96 t , \ "' ~ design services. The specific scope of services. schedule; and fee shall be negotiated when the City begins design. Mr. Baier said the L1G (Local Interest Group) is a difficult process and attracts naysayers. LlGs are required by taw as it is important to address all comments and major concerns. Staff is gathering data and reports to answer concerns expressed regarding plans for bridge traffic to bypass the downtown urban core. Bridge access is proposed for the Pierce Boulevard corridor. He said an economic related study by the National Cooperation for National Highway Programs indicated bypass routes do not affect bypassed downtown businesses except those who depend on drive by business. Mr. Baier said the bridge is a large project with many features. He is coordinating efforts with Economic Development and Central Permitting. He felt moving arterial traffic off Cleveland Street can be accomplished. He presented renderings of the proposed bridge including views of the underside and from Coachman Park. He said spacing the support structures 300 feet apart would provide an open view. .,.:..');.l~ c...., 1"- Mr. Baier said this next step in the project commits the City to develop a design. New legislation provides $50-million State~wide at anyone time for reimbursement. He said staff will negotiate with HDR for that design. He said it is important to begin the process immediately. He indicated money comes to projects ready for construction. Concern was expressed regarding fund requests for other projects in the State. Mr. Baier said the request can be made before the design is complete. He noted the design for the East Bay project through downtown l.argo is near or at completion. A corridor improvement project in Leon County is estimated to cost tens of millions of dollars. He said Secretary of Transportation Watts recommended the City approach this issue in the suggested manner. The City Manager indicated no guarantee exists that the FOOT will fund the projectt s design or construction or that the extension of Penny for Pinellas will pass. She noted this item sets the budget and no contract has been issued with HDR. Mr. Baier believed $3-million would cover the design. He said the design includes greater spacing of the structural supports and considers traffic calming downtown. He noted the bridge is a key to downtown. The City Manager estimated the PD&E study will cost approximately $1-million. It was noted the project's estimated cost has increased. Mr. Baier noted this bridge is much larger than the Clearwater Pass bridge which cost $14- million. In answer to a question; Mr. Baier said the proposed cost includes utility relocation but not roadway improvements. It was recommended those costs be identified before the City Commission commits $3-million. Intersection improvements will be needed. Mr. Baier said Ft. Harrison is the weak link in this plan. Improvements will be needed in a road section between the historic courthouse and a popular restaurant. Mr. Baier suggested some traffic can be shifted to Myrtle Avenue. The City Manager said this item does not commit the City to spending $3-million but makes sure the funds are in the budget and authorizes staff to move forward. It was noted the PD&E study looked at the number of current lifts on the Memorial Causeway Bridge. Staff has a breakdown regarding the number of boats requiring the bridge to be opened. Staff has asked that the bridge be restricted to open on 30 minute ,,' ,... W 19 07/15/96 mws07a.96 SW SOLID WASTE ~ intervals instead of every 20 minutes. The impact on the bridge due to the closure of Dunedin Pass was questioned. Mr. Baier will look up that information. He said $3-million will cover the bridge's design and all concepts except a Cleveland Street corridor. That concept would be difficult to permit, would have a substantial environmental impact, and would require closing the current bridge during construction. He said the bridge could cost as much as $33.5-million. Concern was expressed at least one local newspaper reported the Pier 60 Park project is being constructed by a "design-build" method. Mr. Baier reported the Pier 60 Park was designed then bid. He said the confusion is based on a contractor's sign that indicates that company handles "design-build" projects. First Reading Ord. #6059-96 - abolishing cermittina of Drivate haulina comcanies to orovide roll.off service in Clearwater: establishina Clearwater Solid Waste Deoartment as roll-off service orovider effective 10/01/96; amending schedule of fees, rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing rates for roll-off service in Clearwater Previously, Clearwater did not choose to provide roll-off service. City practice was to accept applications and issue permits to private hauling companies authorizing them to provide roll-off service in the City if they agreed to pay a 1 5 % surcharge on the total .,>I1>J,& amount billed. A survey of roll-off containers indicated an average of 70 compactors and C" ~,J 100 open-top containers are in the City. In January 1996, CSW (Clearwater Solid Waste Department) recommended and the City Commission approved providing all rollwoff service in Clearwater and authorized the purchase of two roll-off trucks. The City Commission previously had directed CSW to operate as a business and seek customers wherever it could. CSW notified permit holding private hauling companies that the permits expire September 30, 1996, and no new permits would be issued. CSW received the first two roll-off trucks. The two additional trucks and drivers needed to service all containers are included in the FY 1996/97 budget recommendation. An Interlocal Agreement with St. Petersburg and Largo was approved for mutual support for solid waste operations. The agreement will be valuable for both roll.off back-up support and debris clearance in time of emergency. The Interlocal Agreement is currently being presented to the City Commission for approval. The ordinance abolishes the permitting procedure for the provision of roll-off service by private hauling companies, establishes the procedures for the provision of roll-off service by CSW, amends Appendix A, Schedule of Fees, Rates, and Charges of the Code of Ordinances to establish charges for roll-off services in Clearwater and creates section XXIX as a separate section for solid waste system rates. v mws07a.96 20 07/15/96 , t ! I I l I I I t I, i, I , I CM ADMINISTRATION ~ In rosponse to a question, Solid Waste Director Robert Brumback said he would report on the profitability of this service for the cities of Largo and St. Petersburg. It was felt tho service should not be 8 profit making venture or attempt to lower costs. Mr. Brumback sold Solid Waste is trying to provide tho service but it Is up the City Commission to determine how generate revenues are used. He suggested investing the revenues into the program to provide lower rates. The cost of the Cityis containers has been factored. Currently, the City receives $179,000 annually from private companies providing this service. Mr. Brumback did not expect the City will have similar profits during the serviceis first year. The City has spent $250,000 so far on equipment and has been competing with private enterprise. Concern was expressed regarding the City competing with private enterprise and the number of years it would take to recover the Cityis investment. Mr. Brumback said the City could recover its investment quickly. He said this service was designed to meet City Commission direction. .M: (,.~ Concern was expressed regarding the proposal to prohibit private companies from competing in the City after October 1996. Mr. Brumback suggested the private companies can shift their assets without hardship. It was noted the Solid Waste Department won the recycling contract through the bid process but did not "win" the right to provide this service. Concern was expressed the spending of $1/4-million was not a good business practice. It was felt the City Commission does not have all necessary information. In response to a question, Mr. Brumback said the city of Safety Harbor currently is evaluating their bids. Mr. Brumback said St. Petersburg and Largo operate on an exclusive basis established by ordinance. He felt the City would prevail in open competition. The other providers are large international companies. Outside providers can still provide services such as compactor, etc. In response to a question, the City Attorney said the City is always at risk for civil suits. She felt the proposed ordinance is legal. Res. #96~50 ~ delegating authority to the City Manager for aoproval of arant aoolications In some instimces, the City applies for grants that require the applicanfs governing body to officially approve the applications. The time between the grant announcement and submission deadline is often so short as to preclude any official City Commission action. To better take advantage of grant opportunities, staff recommends the City Commission delegate authority to the City Manager to approve grant applications. If approved, this procedure will complement established grant management procedures published in the City's Grant System Procedures Manual, June 1992, which established in-house requirements and controls over grant applications and grant fund processing. Requirements, which corraspond with requirements delineated in grant guidelines from various funding agencies, cover payment processing, fixed asset accounting, local match budgeting, and audits. It was questioned if the City has a grant writer. The City Manager said a staff member in the Police Department writes grants but no grant writer addresses all City grant ",~) mws07a.96 21 07/15/96 .' City Manager Verbal Reports \ I l ! , t j I, i ~ , ; i ~, .. > ~l needs. Although the City had a grant writer at one time, it was suggested individual dopartments are better able to write grants addressing their needs. Contest to name new City building . The City Manager distributed mugs imprinted with Municipal Services Building and recommended retaining that name. Consensus was to retain the name Municipal Services Building. . The item was pulled from the July 18, 1996. agenda. OTHER CITY ATTORNEY ITEMS Grogan lawsuJt reamdina beach tower The City Attorney reported the City prevailed in Mr. Grogan's lawsuit against the City to build a tower on Clearwater beach. Reauest to schedule attorney/client session re Gilfovle vs. City An attorney/client session regarding Anne-Marie Cheroke Lindsey as personal representative of Paul W. Gilfoyle versus the City was scheduled for August 12, 1996, at 3:00 p.m. . "r~~ t.?!.l1 Another attorney/client session regarding Painter versus the City was scheduled for July 29, 1996, at 9:00 a.m. Economic Development Symposium Follow-Up a) Set soecial meeting to discuss Downtown oroiects (Downtown Lake. East End. etc.) A meeting to address downtown issues was scheduled for September 10, 1996, from 9:30 a.m. to 1 :00 p.m. Phillies Trio The City Manager stated the annual Phillies trip scheduled August 8 to 10, 1996, conflicts with the Florida League of Cities meeting. The Mayor indicated she could go to Philadelphia on August 9, 1996. Commissioner Johnson saId ho also was interested in attending. National League of Cities Meeting \j mws07a.96 . 22 07/15/96 .(<), \!.\J....:: '. ' ~ The City Manager recommended the City Commission consider attending and make reservations for the National League of Cities' annual meeting scheduled December 7 to 10, 1996. Tax-exemot bonds. Consensus was for the Mayor to send a letter to the Federal legislature opposing the prohibition of tax exempt bonds for construction of public facilities used by professional athletes. Commission Discussion Items Greater Clearwater Chamber of Commerce's reauest to aoprove road closures for the Morton Plant Hoscital Bavside Bridge Boogie to be held on 10/12/96, 4:00 a.m. to 12:00 p.m. (access roads & Bayside Bridge, from Drew St. to Roosevelt Blvd.) Consensus was to approve this on Thursday's consent agenda. Women's Eaualitv Dav Rallv 8/24/96 - 10:00 a.m. - request for sponsorship (in-kind) The Mayor said the group wants to use the City Hall lobby for a cool area. The City Attorney said if the City Hall lobby had never been used for a political event. she would recommend against allowing the use of the building's interior. ~~, The majority of the Commission opposed allowing the group to use the interior of "I-". ~~. City Hall during the rally. Q The Mayor said the group will go through the process to request the City to provide tents and police. She questioned if the City wants to co-sponsor the event. She did not know the cost. Concern was expressed the City Commission may set a precedent. Additional information will be provided on Thursday. Other Commission Action Commissioner Johnson questioned when the City Commission will address the beach Visitor's Center. The City Manager said staff is working on that issue. Commissioner Johnson requested a report regarding the amount SteinMart has paid for their space. H Commissioner Hoocer thanked Terry Schmidt and the Clearwater Festivals group for a successful July 4 event. Commissioner Hoooer said he could not read a recent letter from Lee Regulski as the print was too small. Commissioner Johnson said the letter seemed to question the ability of City workers to go on private property. Mr. Baier said when water meters are replaced, the City has been moving them onto private property and out ot the right-at-way. , I l i i I, \ I r mws07a.96 23 07/15/96 . ,. ~ ~ (:) u . .. Residents have expressed concern people will trip over the meters on their private property. .commissioner Seel expressed concern the City was passing liability to property owners. Mr. Baier said residents allow this placement by requesting water service. The City Attorney said the City would be liable if they failed to maintain the meters. She said if someone tripped, both the City and resident could be held liable. The Mayor noted Mr. Regulski is challenging the City's right to use an Ordinance he helped pass. . Commissioner HOODer said he was pleased to see a letter regarding City ADA (Americans with Disabilities Act) accommodations at Jack Russell Stadium and the Clearwater Marina. " Commissioner Hooper referred to an unsigned letter concerning the City Commission's approval of a Pier 60 concession contract. The City Manager said no action is needed. She felt the process had been open and above board and the allegations were speculative. Commissioner Clark said he had observed the process and thought it was handled well. Commissioner Clark said the MPO (Metropolitan Planning Organization) will issue a report in September regarding a new design for US 19N between Gulf-to-Bay Boulevard and Countryside Boulevard. He reported the MPO had passed a name change for Alt. US19 North of Dunedin to Palm Harbor Boulevard. He noted resistance to a proposal to renumber Alt US19. Mavor Garvev questioned when the beach Visitors Center will be addressed. The Deputy City Manager Kathy Rice said that will be agendaed for discussion August 1, 1996. Mavor Garvev questioned how negotiations are proceeding with Time Warner. The City Attorney said they are going well. She felt agreement is near although the City has not received final language. She hoped to have an agreement by August 1, 1996. The Mayor questioned why the City had filed a petition. The City Attorney said the petition indicates the City cannot regulate rates once competition is in place. She said the process is correct and noted the City never did regulate rates. The petition was filed to set up a process and establish precedence for other communities. Mavor Garvev requested an executive summary accompany the downtown Lake Study. Adjourn The meeting adjourned at 5:41 p.m. .,. ! 1 1 I ( I I I l ~ I [ mws07a.96 24 07/15/96 ," '"., ~ .... '" . I: