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09/19/2002 (2) r , '. '." '. , . .. . : ' l . . . , , oj. l, ~ , ' . " , , . ", , , I , , , , ..' " CITY COMMISSION . .. . . . . . .....MEETING. , , ' , , , , , , , , ',09/19/02' , . . '. . , " , ' , I , , , , c " ., . , ,. I. , , '.' , , ' , ' , . ' . . , , . , , . " I. . .', ',: ..:',~"" ,"., ." """ '," '", , " ' ..,.". ' . . I c . . '. " . '<- . , ' ...'. .... . . . . "' I. . ." . . :',. , . ~ , " , c '. j. . . " .'. , , . " .. ". . . '. . \ :, I'" . . '.' > " . .. ' . > < . c .,." , ~ > , " .. . , ' I' . , . . > l . , . I .-4 " ...' ..,.1 , , " , . . " :. < /. .. . , '. . , . , , , . . ." l, " . " . ' . . . , c ; .' . I, . '.'. '. " , " . j . , , I . . ' " " I ',. , . . , , , , , , , . . , , ' , . ' '.: > . . ", 1.'"',' , ..., . . " I l ' + .' " . . ,. >'. .' . , > c , ~ , . c .' . . , , . . , . , " " '" , . , , ' ' , . . ," . c . r '.. . .' '.. . I ' .' I ,'" .'.1 I ", " . " ,"', , . . c. c ;, r, , . . , , ,.. '. " ." .' I 'c ' .' " " , . .. '. '., . j " . '.c ..' ". . . , " /, '. ,'. c . . ' , ., t " . ' . , ' . I , . . I ,~. c . , , , ' '. , , c < " . , , , . . . ,~ . ' .. '+. ~ " .... ~ j: . < , . > " cr... '. . '. ' . . , . . . " "', " '" ..' .' , . . .. ~ . ' . . c, ." , ~"'. : .. ""'. '., 'f ' r, . . .' c " 1.' . .>'.' " . . .,.:..................,....'........ ..,....'... ........,......,. " ' . ",. : ,: , ~ ,: " ., .' , , , . ,,' ' , . ' ",' ',' , " : ,c", ,', '. ': ' " . ' . ,,:' " ' c ' . J ' , . . . ' , , . . . .. , ", , . . . . c I. I c , .' . , ' , ' " ' ' 'I ' , ., , .' I - " Also present: Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses Assistant City Manager Assistant City Manager City Attorney City Clerk , Board Reporter . ,CITY COMMISSION MEETING CITY OF CLEARWATER September 19,2002 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton ' William C. Jonson Frank Hibbard Ma yor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father Read Heydtt St. Johnts Episcopal Church. The Mayor led the 'Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Introductions, Awards and Presentations . a. Proclamation ~ Make a Difference Fishing Tournament Day ~ October 5,2002 Plaques were presented to Marine and Aviation Director Bill Morris and the Commission for making the Make A Difference Fishing Tournament possible and for raising awareness for. special needs kids arid adults. b. Presentation ~ Solid Waste Association of North America Road-E-Q competition awards , ,The Mayor acknowledged City employees Rick Clark for winning first place in the rolloff truck competition and Mark Beery for wining second place in front-end loaders competition at the Solid Waste Association of North America Road-E~Q competition and presented them with , trophies. c. Presentation ~ Friends of the Library Scholarships Presentation Judy Melges and Tony Bacont Friends of the Library, presented scholarships to the 2002 Friends of the Library Scholarship winners. d. Presentation - Parks and Recreation NAYS (National Alliance for Youth Sports) Jere Gundermant Parks and Recreation/Program Athletics, was presented the Outstanding Youth Sports Leader from the national Alliance for Youth Sports. . e. Pres~ntation - Community Safety Award mcc09b02 1 9/19/02 ~~':., I'\~... .'\ >'. ..~. :1'.'1' "..'. . I.' '",. "','. ':" . '=-, ~ .,'... .';',:.../ ..' '~."~ :"'~.'.'. : .'1',' ~I!...I....'. ,", ..I.ll I ..~. .1....I.',.h..'.:. ,~.,..' ,I . . . . Public Works Administrator Mashid Arasteh accepted the Community Safety Award. The Mayor thanked John Doran for nominating Clearwater's Acacia Circle for the award. ITEM #4 - Approval of Minutes. Reqular Meetinq September 5. 2002 Commi~sioner Hibbard moved to approve the minutes of the regular meeting of September 5, 2002, as recorded and submitted in wrItten summation by the City Clerk. to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Citizens to be heard re items not on the Agenda Steven Sarnoff said this is the 25th anniversary of CW A representation of Clearwater workers. This Sunday, the CWA is hosting union officers of Lucent Technologies at Adams Mark Hotel. The CW A is also hosting a CW A conference at Adams Mark Hotel. Mike Colbv thanked Bill Morris for putting in a commercial discount at the Marina fuel dock. He requested the'Commission pU,t some of the increased revenues back into the Marina. PUBLIC HEARINGS ITEM #6 - Public Hearinq and First Readinq on Ordinance # 7014-02 to approve the applicant's request to,vacate the drainage and utility easements retained over the vacated portions of Park Street and Ewing Avenue as described in Exhibit nAil and vacate that part of the utility easement retained over the north 10 feet of the vacated alley lying adjacent to the south property line of . Lot 9, Tack and Warren Sub., {V2002-11 City of Clearwater) Ordinance #6879-01 (Town Pond Rehabilitation Project) was passed on second reading . a~d adopted by the City Commission on November 15, 2001, vacating portions of Park Streetl Pierce Street and Ewing Ave. , . Staff's recommendation relative to ordinance #6879-01 was to retain a drainage and utility easement over the vacated portion of Pierce Street only. Part of this vacation request is to correct a scrivener's error that retained a drainage and utility easement over the vacated portions of Park Street and Ewing Avenue. ' The north 10 feet of the utility easement lying on the south side of Lot 9, Tack and Warren Sub. was retained when the alley was vacated on October 20, 1997. The 10-foot easement portion is to be utilized by the Mediterranean Village T ownhome Development. . .verizon Media Ventures, Verizon and Time Warner Cable have no facilities in the easement areas to be vacated and have no objections to the vacation request. Florida Power has facilities in the vacated alleyway portion but has no objections to the vacation request. mcc09b02 9/19/02 ' 2 . '. , . The City of Clearwater's utility faCilities in the areas to be vacated is limited to one sanitary sewer line on vacated Park Street which is being reconstructed to accommodate the UMediterranean Village" development. 'Pupic Works Administration has no objections to the vacation request. Commissioner Hamilton moved to approve theJequest to vacate the drainage and utility easements retained over the vacated portions of Park Street and Ewing Avenue as described in Exhibit "All of Ordinance #7014-02, and vacate that part,of the utility easement retained over the north 10 feet of the vacated alley lying adjacent to the south property line of Lot 9, Tack and Warren Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7014-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7014-02 on first reading. The motion was duly seconded and upon roll call, the vote was: UAyesu: Gray, Hamilton, Jonson, Hibbard, and Aungst. t1Nays": ~one. ITEM #7 - FY 2002/2003 Annual Budoet Budget Director Tina Wilson gave a brief overview of the FY 200212003 annual budget. She said this is the seco,nd and final public hearing on this budget. , Commissioner Gray moved to approve the FY ~OO2/2003 annual budget. The motion was duly seconded and carried unanimously. a. Second Readinq Ordinance #7011-02 - declarino the millaQe rate to be levied for the Fiscal. Year beginning 10/01/02 and ending 09/30/03 at 5.753 mills (levy of 5.753 constitutes a 11.410/0 increase over the rolled back rate of 5.1640 mills). The City Attorney presented Ordinance #7011-02, for second reading and read it in full. Commissioner Hibbard moved to pass and adopt Ordinance #7011-02 on second and final reading. The motion was duly ~econded and upon roll call, the vote was:' , UAyesll: Gray, Jonson, Hamilton, Hibbard, and Aungst. UNaysU: None. b. Second Reading Ordinance #7012-02 - adopting Operating Budget for Fiscal Year beginning 10/01/02 and ending 09/30/03: ' . The City Attorney presented Ordinance #7012-02, as amended, for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7012-02, as amended, on second and final reading. The motion was duly seconded and upon roll call, the, . vote was: mcc09b02 3 9/19/02 . .' . "Ayes": Gray, Jonson, Hamilton, Hibbard, and Aungst. "Nays": None. c, Second Reading Ordinance #7013-02 - adopting Capital Improvement Program Budget for Fiscal Year beginning 10/01/02 and ending 09/30/03. The City Attorney presented Ordinance #7013-02, as amended, for second reading and read it by title only. Commissioner Jonson moved to pass and aqopt Ordinance #7013-02, as amended, on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #8 - Public HearinQ and First Readinq - Ordinance #7003-02. Ordinance #7004-02 & Ordinance #7005-02 - 'Annexation, Land Use Plan Amendment and Rezoning for proper1ies at 717,719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Pen mar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (in Section 16, Township 29 South, Range 16 East) Owners: Our Lady of Divine Providence, House of Prayer, Inc. This development site is comprised of eight parcels of land and is located on the east side of South Bayview Drive and on the north and south sides of Penmar Drive, north of Old Tampa Bay a'nd is 3.08 acres in area. This annexation, land use plan amendment and rezoning is requested by the applicant Our Lady of Divine Providence, House of Prayer Inc. who intends to construct a 12,000 square-foot place of worship on the site. Five of the eight parcels (721 & 723 South Bayview Avenue, 3018 & 3024 Penmar Drive and Lot 5. Tract-B of the Myron A. Smiths Bay View Subdivision) are located in Pinellas County and the applicant is requesting the City annex them. The applicant is aware of the costs associated with extending and connecting water and sanitary sewer lines to this site. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, 'the Countywide Plant the Community Development Code and Pinellas County and Florida Law. ' . The proposed, annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave.' The Pinellas Planning Council (PPC) and Pinellas County have reviewed the annexation of the subject properties pursuant to the Pinellas County charter amendment approved by referendum on November 7, 2000 and no objections were raised. The five parcels currently located in the County plus three parcels (717 t 719 & 725 South Bayview Avenue) already located in the City are part of the land use plan amendment mcc09b02 4 9/1 9/02 '1..:. ;'I'~.. . ',', ','",:"',.{":":'.;.~II.J\.,....".';\".'I::":~'~.. ..~. .r . ~",'~. ,.......I..~ ...:'. "', ' ",1-"" '... .{j'", ~.' .' '.' 'f,', .'f':....:.: . '. . and rezoning request., The applicant is requesting to amend the Future Land Use Plan Map designation of all eight parcels from Residential Low (RL) to Institutional (I). Additionally a zoning atlas amendment is requested to rezone the parcels currently located in the County from Gnet Two & Three Family Residential (R-4) to the City's Institutional (I) District and to rezone the three parcels located in the City from Low Density Residential (LOR) to the Institutional (I) District. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. · The proposed use is compatible with the surrounding area. . Sufficient public facilities areavailable to serve the property. . The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules. the land use plan amendment is subject to the approval of the pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size and/intensity of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on August 20.2001 and unanimously recommended approval of both applications. In response to a question. Long Range Planning Manager Gina'Clayton said this religious use is not a full-service church that will be used as a place of meditation. She referred to a map indicating the location of residential homes and the unincorporated areas of the City. . She said Penmar Drive has been vacated. Harry Cline, applicant's representative, said this will be a quiet, religious retreat sanctioned by the Catholic Church. The only religious service will be on Tuesdays. He said City staff and the COB have unanimously approved this application. He said some of the residents of the Bayview neighborhood approve of this application. He said the request is . consistent with the criteria in the Code. This use would serve the neighborhood better than a housing development. which would destroy more trees and become flooded. Robert Pergolizzi, Florida Design Consultants. representing the applicant, reviewed the zoning and conditions that currently exist. He said this will not change the character of the neighborhood and will not impact traffic. He said the applicant would remove dilapidated buildings that are in the 1 DO-year flood plain. . Robert Resch. architect, representing the applicant, said the applicant is not ~aximizing the site, but beautifying it. Institutional zoning already exists on the property. The landscape architect has worked diligently to develop a site plan to preserve the trees. This proposal would provide less intensive development than a housing project. The applicant intends to remove dilapidated buildings that are in the flood zone, which would open up the water view. Ms. Clayton said the structure being demolished is not on the list of historic structures according to the Division of State of Historical Res?urces. She said the County rules' require an mcc09b02 5 9/19/02 .' . . ' ..' ~ . .'. . . ~ . ~ . e, . institutional use that encompasses over 5 acres be designated an institutional land use plan category. This property is more than six acres. Two persons spoke against and four persons spoke in favor of the application. Mr. Cline said the applicant cannot agree to a restrictive covenant to keep the current proposed site plan in place forever.' He said he has never personally furnished misleading information to the CDB or to staff as has been alleged by one of the citizens who spoke tonight. In response to a question, Phil Graham, landscape architect, said the exact number of parking spaces has not been determined. The applicant is saving as many trees as possible and wishes to incorporate a park-like setting on the property. Ms. Tarapani said all the site plan issues would be reviewed by staff, including parking, transportation concurrency, the proposed cabins along the east side. etc. In response to a question, Ms. Clayton said this property is located in a coastal high hazard zone. Many institutional uses would not be permitted. , Commissioners Hamilton and Jonson stated they had visited the site prior to the meeting. Commissioner Hamilton mo,ved to approve annexation, land Use Plan Amendment and . rezoning for properties at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 .Pen mar Drive; and lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (in Section 16. Township 29 South, Range 16 East) Owners: Our lady of Divine Providence, House of Prayer, Inc. The motion was duly, seconded and carried unanimously. ' The City Attorney presented Ordinance #7003-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7003-02 on first feading. Th,e motion was d~ly seconded and 'upon roll call, the vote was: , UAyes"; Gray, Hamilton. Jonson. Hibbard, and Aungst.. "Naysn: None. , , The City Attorney presented Ordinance #7004-02 for first reading and read it by title only. Commissioner Jonson moved to' pass Ordinance #7004-02 on first reading. The motion' was duly seconded and upon roll call, the vote was: . "Ayes"; Gray, Hamilton, Jonson, Hibbar~, and Aungst.. "Nays": None. , , The City Attorney presented Ordinance #7005-02 for first reading and read it by title 'only. Commissioner Gray moved to pass Ordinance #7005-02 on first reading. The motion was duly seconded and upon roll call, the vote was~ "Ayes"; Gray, Hamilton, Jonson, Hibbard, and Aungst.. "Nays": None. mcc09b02 6 9/19/02 'i '.. I" ,J 'ill,. ",' ~ ' :. ~, ,. . . 0 .. .' '.,' ' " , . . .'., , +', I, , . Public Hearing - Second'Reading Ordinances ITEM #9 - Second Readino Ordinance #7033-02 -' approve chances to the Cttv of Clearwater Employee's Pension Plan relating to the Economic Growth and Tax Relief Reconciliation of 2001. Commissioner Gray moved to amend Ordinance #7033-02 to delete the following language in Section 2(g)(3)a of the first and second sentences: "...but not less than $75,000, if the benefit begins at 'or after age 55. In the event the participant's retirement benefit becomes payable before age 55, the $75,000 limitation shall be reduced from age 55 in accordance with regulations issued by the Secretary of the Treasury pursuant to the provisions of 9415(b) of the code. A participant with at least fifteen (15) years of Credited Service may not have the benefit reduced below S50,OOO.OO.tI; and add to sentence one "so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement income benefit begins) which is equivalent to a one hundred sixty thousand dollar ($160.000) annual benefit beginning at age sixty-two (62).tI The motion was duly seconded and carried unanimously. ' The City Attorney presented Ordinance #7033.02. as amended, for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7033-02, as amended, on second and final reading. The motion was duly seconded and upon roll call. the vote was: MAyesM: G~ay, Jonson, Hibbard, and Aungst . "Nays"': None~ ,Absent: Hamilton. ITEM #10 - Second Readina Ordinance #7034-02 - approve chanoes to the City of Clearwater Police Officers Supplementary Pension Plan relating to the Economic Growth and Tax Relief Reconciliation of 2001 The City Attorney presented Ordinance #7034-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7034-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: MAyes.: Gray,'Jonson, Hibbard, and Aungst. -Nays-: None. Absent: Hamilton ITEM #11 - Second Readina Ordinance #7035-02 - approve chanQes to the City of ,Clearwater Firefighters' Supplemental Trust Fund relating to the Economic <?rovvth and Tax Relief Reconciliation of 2001.. . The City Attorney presented Ordinance #7035-02 ,for second reading and read it by title only. Commissioner Gray moved to pass an~ ad9pt Ordinance #7035-02 on second and final readfng. The motion was duly seconded and upon roll callt the vote was: mcc09b02 ' , 7 ' 9/19/02 ~ T; '.:'.,~ . '.". ~~~, ~ ~./, ,'. :"t.' .~:'~.~.. ,.'. .:.... .' I,. ,': .' I . . ,;. t, .... .~., ~., o. :'. ,0-' " ,;: .." ~ '\. ,,' \ ' '. ,', . , ' '. . ,I., . , ' . . , ' ,~ ,~', '~I ' ,,' '" I I . \"\"" ...' ,I:, .l.~ '~ ." / ", . '. . '. ~'Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The meeting recessed from 7:42 to 7:53 p.m. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-26) - Approved as submitted. ITEM #12 - Approval of Purchases (& Declaration of Surplus) oer PurchasinQ Memorandum: a. Purchase books and library materials during the contract period October 1, 2002 through September 20, 2003 for 585,000 from Book Wholesalers, Inc. b. Purchase library, materials during the contract period October 1, 2002 through September 30, 2003 for $85,000 from Ebsco Subscription Services. c. Purchase books and library materials during the contract period October 1, 2002 through September 30,2003 for $185,000 from Ingram Library Services. d. Service contract software maintenance and support during the period October' , 2002 through September 30, 2003 for S80,OOO from PeopleSoft USA Inc. e. Service contract exterior painting of Marshall Street WPC Complex for $67,050 from' Specialized Coating Inc. f. Purchase Sumitomo Gear Reducers during the contract period September 20, 2002 through September 30,2003 for 571,649 from Applied Industrial Technology. g. Purchase vehicle replacement parts during the period September 20, 2002 through September 3D, 2003 for 5300,000 frOm Fleet Products Inc. 13. Approve an Agreement between the City and the Clearwater Regional Chamber of Commerce for tourism services in Fiscal Year 2002-2003 in return for funding in the amount of 5170,000. ' 14. Marine and Aviation Business Plan - Recommend Commission approval of the Marine and Aviation Department five-year business plan for FY 2003 through FY 2007. 15. Approve contract with Julian and Helen Weiss to purchase Crest Lake Subdivision, Blk. 8, Lots 15-18, a.k.a. Park Lake Motel, for $490,000 plus additional consideration of $60,000 together with estimated costs for environmental, survey and demolition expenses of $35,000 for estimated total of $585,000. 16. Award a contract to B & H Photo Video for $55,014, and a contract to Media Visions for 591,563 for expenditures of federal 'grant funds from the US Department of Justice for a FY 2001 COPS Technology Grant. mcc09b02 9/19/02 8 . . . 17. Contract with the Pinellas County Sheriffs Office, Largo, Florida, for latent fingerprint and crime scene services including evidence and property storage during the contract period October 1, 2002 through September 30, 2003, at a cost of 5490,084.33. 18. Approve the transfer from the Solid Waste Fund to the general government of the lot adjacent to the Municipal Services Building and the Police Department, legally described as the West114 feet of Block 8, Magnolia Park Subdivision. 19. Award a contract to Peterbilt of Central Florida of Winter Garden, Florida at a cost of ' 5146,600 to purchase one 2003 Peterbilt with EZ-Pack Body front~end loader (FEL) for Commercial Recycling, and provide for initial vehicle preparation costs estimated at $4.400 for a total cost not to exceed $151,000. 20. Award a contract to Environmental Products of Florida, of Maitland, Florida. in the amount of $19.052 for the purchase of one 2002, Sterling Truck with Elgin Sweeper Body, and authorize trade in of 2000 model. 21. Approve the final plat for "SUN KETCH TOWNHOMES AT LAKE AVENUE" at the southeast corner of Druid Road and Lake Avenue. 22. Approve a Work Order in the amount of $19.498 to TBE Group, Inc. to complete the Dry Weather Field Screening and Illicit Discharge' Tracking as required by the City's NPDES MS4 permit. ' 23. Award a contract for the ODOR CONTROL IMPLEMENTATION AT EAST AWT FACILITY (01 ~0059-UT) to Wharton-Smith, Inc. of Lake Monrge, Florida for the sum of $107,000 which is the lowest responsible bid received in accordance with the plans and specifications. 24. Approve construction authorization for the new Main Library to Turner Construction Company, 500 N. Westshore Blvd., Tampa, Florida, in an amount not to exceed 55,024,690.. 25. Award a contract to Identitech. Inc., Melbourne, FL in the amount of $117,000 for the development of an electronic Agenda Management System for the City Clerk's Department. 26. Authorize an increase of ,$50,000 to the monetary limit on the contract with the firm of ' Rogers Towers Bailey Jones & Gay. P.A. for outside counsel services related to representation in Granite State Outdoor Advertising v. City of Clearwater, to cover costs of appeal ' proceedings. Commissioner Jonson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. CA 'OTHER. ITEMS ON CITY MANAGER REPORT ITEM #27 ~ Third Quarter Budoet Review - approve budget amendments for fiscal year endino ~ePtember 30. 2002. mcc09b02 ,9 9/19/02 'f.~., "', ....'.i'\~ ", ,'~, ':' ' .,:,", 1",.1,\........ . .'1. ~) "'., .: '. ,I ","'.'1'."" : ." ,:,"', '.J.~, ,.to ",' '.1',..' ~,.. .~.," ,'...,', . . Commissioner Jonson moved to approve the third quarter budget amendments for fiscal year ef"!ding September 30,2002. The motion was duly seconded and carried unanimously. a. First Reading Ordinance #7009-02 - amending Operating Budget. The City Attorney presented Ordinance #7009-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7009-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. UNays": None.. b. First Reading Ordinance #7010-02 - amending Capital Improvement Budget. The City Attorney presented Ordinance #7010-02 for first reading and read it by title only. Commissioner Hibbard 'moved to pass Ordinance #7010-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, ,Hibbard, and Aungst. "Nays": None. This is one of three companion items relating to Island Estates: neighborhood plan, text amendments and rezoning. On April 19, 2001, the Clearwater City Commission appointed an Island Estates study committee and approved the initiation of the Island Estates Neighborhood Conservation Overlay District planning process. , Seven (7) public neighborhood meetings were held between September 2001 and February 2002 to develop the Island Estates Neighborhood Plan. Pursuant to Code Section 4- 608 of the Community Development Code at least four (4) public meetings must occur. The Plan addresses existing neighborhood conditions, strengths and weaknesses, goals and objectives and implementation. Island Estates residents identified the following as strengths: reclaimed water; well- maint~ined property; good services such as grocery, gas station, store, bank and, park; on- street parking; the waterfront; neighborhood events; and flexibility of not being in overlay ., district. Residents identified the following as neighborhood weaknesses: the appearance of aboveground power lines; gravel yards; restricted water flow in canals; parking of various vehicles in front yards; poor yard maintenance; differences in setback requirements between mcc09b02 10 9/1 9/02 . . . deed restrictions and City Code; loose regulation of redevelopment; and the presence of short term rentals. Goals and objectives were developed to enhance the strengths identified and minimize the weaknesses. The goals and objectives provide a framework for future neighborhood activities to maintain 'Island Estates as a desirable neighborhood. The categories for goals and objectives are neighborhood amenities, waterfront and canals, traffic and street use, neighborhood appearance and maintenance, character of redevelopment, utilities and infrastructure, and minimal rental periods. ' The implementation section of the Plan lists the development standards to be included in the Island Estates Neighborhood Conservation Overlay District. They address the following issues: permitted uses, minimum lot sizes, building setbacks, building height, parking on private property, fences, screening of mechanical equipment, landscaping, minimum rental periods, outdoor storage and deviations from dimensional requirements. The implementation section of the Plan also focuses on neighborhood actions that will be required to implement the plan such as education and enforcement of the overlay standards, creating neighborhood liaisons and education programs, increasing neighborhood involvement, and establishing special project committees as needed. The Island Estates Neighborhood Plan is consistent with objectives and policies of the ,ClearWater Comprehensive Plan. There are two companion items to the Island Estates Neighborhood Plan that will create the Island Estates Neighborhood Conservation Overlay District in the form of text amendments to the Community Development Code and to apply the Overlay District to the zoning atlas. The specific requests are,contained in two separate age~da items and ord,ina'nces. The Community Development Board reviewed the proposed Island Estates Neighborhood Plan at its regularly scheduled meeting on June 18, 2002, and recommended approval of the Plan by a vote of 6-1 . ' ' Commissioner Jonson moved to adopt the Island Estates Neighborhood Conservation Overlay District Plan. The motion was duly seconded and .carried unanimously. The City Attorney presented Resolution #02-23 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-23 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton. Jonson. Hibbard. and Aungst. "Nays": None. ITEM #29 - Increase the City's contribution to the City of Clearwater.s Monev Purchase Plan from 60/0 to 80/0 for all members except the City Manager, City Attorney, and Police Chief, and to increase the City's contribution for the Police Chief from 120/0 to 140/0, effective October 1, 2002, and p~ss Ordinance 7036-02 on first reading. mcc09b02 1 1 9/19/02 . J _I', >. .,' ,.' .'..., .'. .,1,,\. " ,l ". \.,,' ~. . ' . I :. .'.' ' : .. ,. '. . . . " . I . , .:' , , l , ' '.,"', ' , ' '. ' ' : . , . , " '! . ill', , . . ' I ,~ 1 , ", "..,.' ..' . . . The City of Clearwater's Money Purchase Plan is an employer-funded plan. Participation is limited to those exempt management employees who do not participate in the City's Pension Plan. There are currently 61 employees in this plan. With the exception of the City Manager, City Attorney, and Police Chief, the City currently contributes 60/0 of each employee's salary to each employee's account: A survey of other benchmark municipalities and governments in Florida indicate that defined benefiVcontribution rates for comparable management employees range from 1.100/0 to 12.870/0, with an average of 80/0 of employee's salary. Accordingly, in order to remain competitive within our labor market and amongst the other benchmark public agencies, it is recommended that the employer contribution be raised from 60/0 to 80/0. The City currently contributes 120/0 to the Plan on behalf of the Police Chief. This figure is calculated to provide the same contribution as other members receive (currently 60/0) and to provide additional contributions to offset the loss of Social Security contributions (6.20/0). It is recommended that the total contribution rate for the Police Chief be raised from 120/0 to 14~/O to include the additional 2~'c being approved for other plan members. The dollar value of this base contribution increase for General Fund current participants (including the Police Chief) would be $70,938.23, increasing the City General Fund contribution total from $150,175.57 to 5221,113.80, and for Enterprise Fund incumbents $28,130.21, increasing the City Enterprise contribution total from $75,348.76 to 5103,478.97. Seventy-thousand six hundred and ten dollars ($70,610) was budgeted in the General Fund for this increase. Rrst quarter amendments will be made to the General Fund for the additional funding, as well as to allocate funds from the existing non.General F:und departments to cover this expense. Commissioner Jonson moved to increase the City's contribution to the City of Clearwater's Money Purchas,e Plan from 60/0 to 80/0 for all members except the City Manager, City Attorney, and Police Chief, and to increase the City's contribution for the Police Chief from 120/0 to 140/0, effective October 1, 2002. The motion was duly seconded and carried unanimously. The City Attorney, presented Ordinance #7036-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7036-02 on first reading. The motion was duly seconded and upon roll call, the vote was: ItAyesll: Gray, Hamilton, Jonson,' Hibbard, and Aungst. , , "Nays": None. ITEM #30 - Authorize neQotiation of contract for health insurance with United 'HealthCare with a . 18.50/0 increase for contract period January 1,2003 to December 31,2003, at a total estimated annual cost not to exceed $11,632,807 [includes both City ($8,364.907) and' employee/retiree/COBRAlOut-of-Area (53,267,900) premiums], continue mental health/substance abuse and EAP coverage contract with Bradman/Unipsych at estimated cost of S 176.973 ($159,820 for current employees and $17,153 for retirees and COBRA) for contract mcc09b02 12 9/19/02 " ,j ,,", ','," . . . period of January 1, 2003 to December 31, 2003, maintain the City's current funding strategy for HMO Standard Plan at 1000/0 for IIEmployee Only", and increase the City's contribution from 720/0 to 750/0 for I1Employee plus Oneil and from 620/0 to 680/0 for "Employee plus Family", with same dollar amounts contributed to other three plans (HMO Buy*up; pas Standard, and POS Buy-up ). The contract with the City's current medical insurance provider. United HealthCare, expires on December 31,2002. In June 2002, the Benefits Committee; headed by the Human Resources Department, distributed a Request for Proposal (RFP) for medical insurance coverage. There were five respondents to the RFP: United HealthCare, Cigna, Humana, Blue Cross Blue Shield, and Aetna. The Benefits Committee reviewed the submitted RFPs and used the following criterion to evaluate the proposals in five specific areas: benefits offered, cost, medical network " disruption, customer service, and quality. United, Cigna, and Blue Cross Blue Shield were selected as finalists for interviews; however, Blue Cross Blue Shield withdrew from the process. The,Committee interviewed the two remaining finalists. Based on the ratings and interview, results, staff and the Benefits Committee recommends United HealthCare be awarded a one- year contract to provide medical insurance coverage for the coming calendar year (January - December 2003). ' Aqditionally, staff recommends Bradman/Unipsych be awarded a one-year contract to continue EAP and mental health/substance abuse coverage for. City employees and their covered dependents for January - December 2002. The current agreement with Bradman, which went into effect January 1, 2001, guarantees the same rates and services for three ,years. This renewal would be the third year of the guarantee. For fiscal year 2003, the City has budgeted $7.427,200 for the City's share of both medical insurance coverage and EAP/Mental Health/Substance Abuse coverage. The City's estimated share of these expenses for FY 03, which covers three months of the current contract and nine months of this proposed contract, is $8,1321643. The difference between budgeted and actual costs; estimated to be $705,443, will be paid out of the Premium Stabilization Fund. Costs related to this,contract for coverage from October - December 2003, estimated to be $2,628,403, will be budgeted as, part of the fiscal year 2004 budget. Staff also recommends that the current funding strategy for City contributions to health care be changed as follows: maintain 1000/0 for HMO Standard "Employee Only"; increase from 720/0 to 750/0 for UEmployee plus One"; and increase from 620/0 to 680/0 for "Employee plus Family", and apply the same dollar amounts calculated in the HMO Standard plan to the tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up plans. This recommendation is based on an evaluation with seven of the other benchmark agencies in the area, which shows that making these changes will raise the City's contribution level to the average' of the employer contributions of the other agencies. One person spoke requesting the City increase the subsidy. Discussion ensued and concern was expressed that healthcare issues are approaching crisis levels. In response to a question, Assistant City, Manager,Garry Brumback said not all , retirees from the City are qualified to receive Medicare unless they have built up credits through another employer. In response to a question. Kurt Gehring, Gehring Company, said most cities mcc09b02 13 9/19/02 , . '-" ..,." . - (- ,', . . . do not provide for a contribution to retirees' healthcare costs. If they do, it is tied to years of service and is normally capped. It was remarked that the millage is being increased in part to help cover healthcare costs. It was suggested that the City pursue a wellness program. Commissioner G ray moved to authorize negotiation of contract for health insurance with United HealthCare with a 18.50/0 increase for contract period January 1. 2003 to December 31, 2003, at a total estimated annual cost not to exceed $11,632,807 [includes both City (58,364,907) and employee/retiree/COBRA/Out-of-Area (53,267.900) premiums], continue' mental health/substance abuse and EAP coverage contract with Bradman/Unipsych at, ' estimated cost' of 5176,973 ($159,820 for current employees and $17,153 for retirees 'and COBRA) for contract period of January 1, 2003 to Dece'mber 31, 2003, maintain the Citis current funding strategy for HMO Standard Plan at 1000/0 for IIEmployee Only", and increase the City's contribution from 720/0 to 75~/o for "Employee pl'us One" and from 620/0 to 680/0 for "Employee plus Family", with same dollar amounts contributed to other three plans (HMO Buy- up, POS Standard, and POS Buy-up). The motion was duly seconded and carried unanimously. ' ITEM #31 - Approve Resolution #02-45 to enter into an Urban and Community Forestry Grant memorandum of agreement with State of Florida Department of Agriculture and Consumer Services, Division of Forestry. In 1995. the Public Works Department received the first of three consecutive Urban and Community Forestry Grants. The grants, totaling $48,400, enabled the Urban Forestry Division to hire a consultant to conduct a comprehensive inventory of all city owned trees. The inventory included information about a tree's location, monetary value and specific maintenance needs. The information was downloaded into a computer program ~nd used to operate the Division's tree maintenance activities in a proactive manner. There are approximately 30,000 trees growing on City owned property. Trees provide ecological, aesthetic and economic benefits to the residents of Clearwater. Proper maintenance is essential if trees are to remain an asset. The Urban Forestry Division will apply for $75,000 in Urban and Community Forestry grants over the next three years. The funds will be used to conduct a comprehensive tree inventory that will be entered into and managed by a Geographical Information System (GIS) based asset management tool. The inventory management system will support the City's initiative to inventory all City infrastructure through the asset management program. The new GIS based tree inventory management system will replace the existing DOS based program. Industry standards recommend replacing tree inventories every three to five years. The validity of information on the existing tree inventory has been impacted by three yea'rs of drought and two storm events that occurred since completion of the inventory. The proposed inventory will also add all new trees planted since 1998. Commissioner Hibbard moved to enter into an Urban and Community Forestry Grant memorandum of agreement with State of Florida Department of Agriculture and Consumer Services, Division of Forestry, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. mcc09b02 14 9/19/02 . .... I.' . ,.." ,,'4 t' . ,'.' '..~'. .~ '~'4 :",- . ',' .,," ' .' ,~. ::.~.'" '.' ','" .,,', ",'~.. .'" :",' ,'". -' ~', ....... ,,',I '" - . ~, ' ;" f" .:'.. ' . ',", 'j~" . oj' " " ' , ,': ," . ." I" \' ,~:'., '" ,,-.' ',~ I.' L, . . . The City Attorney presentecj Resolution #02-45 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-45 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call. the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #32 - Other Pendino Matters - None. CITY ATTORNEY REPORTS ITEM #33 - Other City Attornev Items - None. ITEM #34'- City Manaqer Verbal Reports City Clerk Cyndie Goudeau suggested beginning the October 17 Coml1lission meeting at 5:00 p.m. to minimize conflict with parking, etc. due to the Jazz Holiday activities. The public hearings would still be heard beginning at 6:00 p.m. Ms. Goudeau said the time change would be advertised. ' Consensus was to schedule the October 17, 2002, Commission meeting at 5:00 p.m. ITEM #35 - Commission Discussion Items - None. ITEM #36 - Other Commission Action Commissioner Hamilton said he had to leave the meeting to go to son's football game. Commissioner Hibbard encouraged everyone to attend the Taste of Clearwater on, September 24 at the Harborview Center. He attended'the Citizens Academy and felt it will be a good program. He applauded people in the class. Commissioner Gray reminded everyone this Saturday is Coastal Clean-up which is a' national effort. Clearwater participates will be cleaning up downtown and Station Square Park. Next S,:\turday will be South Clearwater Citizens for Progressive Action Say No to Drugs March. ' Commissioner Jonson said the Florida Neighborhoods Conference he attended was excellent. He took a tour of the Seminole Heights neighborhood, which is being revitalized. He will distribute information ,on PST A legislation this week. The, Tampa Bay Partnership Strategic meeting is tomorrow. He suggested the City reinforce regional repository. The Florida Strategic Intermodal meeting is September 24. Commissioner Gray is unable to attend. He , would like to attend the Transportation Summit tomorrow morning. He distributed a letter, which talks about other cities' landscaping dollars. He said he had fun at the Sailing Center ,kickoff on Saturday. He enjoyed the Citizens Academy. He represented the Commission at the Mexican Independence Day celebration on Friday. He said it was great to see 'so many people celebrate their heritage. He hopes to see most of the Commission at the Suncoast League meeting on Saturday. ' mcc09b02, 15 ' 9119/02 . . .' Mayor Aungst welcomed the Army Medical Service Corps to their reunion at Clearwater Beach Hilton. He reminded everyone the downtown cleanup is on September 21. He announced a public meeting on September 23 regarding the Mandalay streetscape at Clearwater Beach Recreation Center. The Taste of Clearwater Is September 24 from 5:00 - ' 8:00 p.m. at the: Harborview Center. The City is hosting the Tampa Bay Partnership Board meeting at the Harborview Center on Septer:nber 27. An Open House/Safety Fair is scheduled at SafetyVilIage on Lakeview Road from 9:30 a.m. to 2:30 p.m. The South Clearwater Citizens for Progressive Action Drug March leaves Ross Norton Center at 11':00 a.m. He was out of town last weekend and missed, some activities. He wished Vice-Mayor Gray Happy Birthday. ITEM #37 - Adiournment The meeting adjourned at 8:43 p.m. " , , " ," mcc09b02 . c' . " " I' 16 9/19/02 ' '< . '.' ~ , , ',., . .",'" j ,. ,~." , ' . ' ','", " ~'I'" ' . , " , ' . . " ., + ' · , t,... , . ", ' . . " , FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS LAST NA.\1 ~flRST NAMF.-MmOLE NA.\fE SAJ.It: OF !lOARD. COUNCil.. COMMISSION, AUTHORITY, OR COMMJITEE ~ Aungst, Brian J. CICnl\olntC'r Citv Commission ~j NO ADDRESS THE nOARO, COUNCIL. CO"t\HSSION, AUTIWRJTY OR COMMITTEE ON 2633 Brattle Lane \l.1f1CH , SF-RVE IS A tINIT OF: CITY COUNrY a CITY o COlJ':',TY a OTIIER l.OCAL ACE."'lCY Cl carw,:lter Pi,lH..'llas NA.'''~ OF POunCAL SUUDlVlSION: City of Clcarw.1ter DAn~ ON WHICH VOTE OCCURRED MY POSITION IS: October 3, 2002 o t:[.ECTlVE a APPOJN11VJo~ WHO MUST FILE FORM 88 This form i8 for use by any }>Croon serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority. or committee. It applies equally to members of ndvisory nnd non-advisory bodies who nre presented with a voting conflict oCinterest under Section 112.31.~3, Florida Stntutes. ' Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold nn elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side nnd filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal. or other loc.nl public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting .measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained ~ding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or los~ of a relative; or to the special privat.c gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.. and officers of independent special tax districts elected on n one-acre. one-vote basis are not pro. hibited from voting in that cnpacity. For purposes of this law. a "relativew includes only the officers father, mother, son. daughter, husband, wife. brother, sister, father- in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associateW means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation arc not listed on any national or regional stock exchange). . .. . .. .. .. .. .. .. . .. .. .. .. .. .. ELECTED OFFICERS: In addition to abstaining from voting in the situations described nbove. you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stnting to the assembly the nature of your interest in the mensure on which you firc abstaining from voting; and \VITHlN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. ... .. .. .. .. .. .. . .. .. .. .. .. . .. .. APPOINTED OFFICERS: You must abstain from voting nnd disclose the conflict in the situations described above and in the manner described for ('leclc,] um.. cers. In order to pnrticipate in these matters, you must disclose the nature of the conflict l}{!fore making any nttempt to innuence the' decision, whether orally or in writing nnd whether made by yo~ or at your direction. IF YOU INTEND TO MAKE ANY ATI'EMPT TO INFLUENCE THE DECISION PRIOR TO 'rHE MEETING AT \VHICH 'f) IE VOTE WILI., BE TAKEN: . . ':" " '~l . , l' II'> ~ .~J m.tlst comp.lete nnd file this. form (bef~re. making any attemp~ to inn~wnce the decision) with the person respon5iblc"f()~' l .ordmg the mmul(,,5 of the meelmg. who ,^,l1mcorpornte the form 10 the [mnnti's. ' .. A copy of the form mU$t 00 provided imm('dinti'ly to the other meml~>rs of the ogf'nc)'. · The form must he rt"nd Pllhlicly ot the nl"xt n1('cting: nfi("r th(' fonn is filE-d. CE r:ORM SR . i"1EV, 1/')5 rAGE 1 -"',.,..':,'~:'.,';,~ ,I 'r,h:'~,'. ,,+.,...' ':. .'~..~'.. ':,,', ' " ,,~,.'.~ ." ,..' ..:. ::' ,',t,'.,' "",1 I.," ~ \ ;.'" ,~','I .;'d.': "I' '; ',' .~. ". .' ';" , . ' .; I , ' ,,' '. .' . . , ' '. " .' \ . .. ' , ~ " '. !' , , , , ~.. . . , . f 1 ' ~. . "IF YOU "'lAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT rfHE MEETING: ... ,.You'rnust di8(:lose orally tho nature of your conflict in the mC08ure before participating. .,,, You must complete the form and file it within 15 days after the vote occurs with th4J person responsiblo for recording the .. minutes or the meeting, who must incorporate the form in the minutes. A copy of the fonn must be provided immediately to" other members of tho ngency, and the fonn must be rend publicly at the next meeting n1\e.I' the fonn is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Brian J. Aungst . hereby disclose that on October 3 ~~2002: (n) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of Time t-lnrner roc.. whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. ;,.~ (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which Item #24 ~' , '. .j I, J I , :Datc Flled - \ t"\J. ' '/ 't I 'L .. " (. ;.J 0 .~ ,( Si/!::::)~~ ...,' , r.t " '; \ ",. 11' I . J. ,4- j INWlp.E.: UNDER PROYtSIONS OF FLORIDA STATUTES ~112.317, A ~AILURE TO MAKE ANY REQ~Rirt:tj'~rSc.' '0~ Strl.tE CONSTITUTES'. GROUNDS FOR AND ?vIA Y BE, PUNISHED BY ONE, Plt'..MORE OF THE lFOL~0W1. :. ! ~ACH~tENT, RE!\fOV AI., OR SYSPENSION FRO~f OIi'FICE OR EMPLO'YMEl'IT, DJ.~M:d"MON:'REDUCTION IN N SALARY. RBPIUMAND, OR A CIVIL PENALTY N{tr TO EXCEED $10,000. .CE FORM ~B. HEV. t.95 p AGE~n : ,,', " . '. " ,1. .: ~4' :" I ' " .~ :- :~"; ,:.'~ ..'~' ~',",,~ . '., " ",;j ,'. .' ':':". :.:..: " .' .',' l'. .