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12/01/2008CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER December 1, 2008 Present: Frank Hibbard George N. Cretekos John Doran Paul Gibson Carlen Petersen Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call City Manager (Arrived at 1:43 p.m.) Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 1:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Financial Services Approve leaal services aareements between Banker Lopez Gassler PA and The Law Office of Tim Jesaitis, PA, and the City of Clearwater for legal services relating to workers' compensation claims, authorize the appropriate officials to execute same and authorize payments to said firms in an amount not to exceed $215,000 for the period, January 1, 2009 to December 31, 2011. consent The City of Clearwater self-insures its workers' compensation exposures, and Risk Management administers the claims. Only a small portion of these claims result in attorney involvement. Risk Management uses two attorneys in response to our Workers' Compensation claims, and we are pleased with their services. In response to a question, Risk Manager Sharon Walton said less than 10% of the amount will be used for service fees. Staff was directed to provide total estimated costs for legal fees. Human Resources Approve the collective bargaining agreement as negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2008/09. 2009/10. and 2010/11. The most recent collective bargaining agreement between the City of Clearwater and CWA Local 3179 expired on September 30, 2008. City management staff and representatives of CWA Local 3179 met beginning in August of 2008 to negotiate a new contract. The parties reached a tentative agreement on November 6, 2008. The Union submitted the proposed agreement to its membership who ratified the agreement by a vote of 191 to 178 on November Council Work Session 2008-12-1 20, 2008. The cost associated with the implementation of this agreement is anticipated to be approximately $813,260 in the first year of the contract, with approximately $364,635 being incurred by the General Fund. Additional costs in the form of future wage increases will be the subject of subsequent negotiations in years two and three. This is a three-year agreement providing for a 2.5% merit increase in the first year for all bargaining unit personnel, and establishing re-open terms to negotiate merit increase amounts for the second and third years. The agreement also clarifies rules regarding hours of work, establishes new alternate duty and absence management provisions including a reduction in the maximum accrual of sick leave for new employees from 1560 hours to 1040 hours, and modifies the City's Performance and Behavior Management Program to allow for unpaid disciplinary Decision-Making Leaves to be assessed for periods of one work day up to twenty work days duration. In response to questions, Human Resources Director Joe Roseto said current employees would continue to accrue sick leave. Negotiations regarding merit increases for year 2 will begin Spring 2009. The Play Pass recreation card is a benefit offered to all bargaining units except the IAFF. Parks and Recreation Review proposals for the Nagano Exchange High School Student Scholarship (WSO) The Clearwater Nagano Exchange program has been in existence for 49 years. During this time, 68 students have participated in this program. Prior to 2005, the City of Nagano funded the travel for 4 high school students and one chaperone. In 2005, Nagano requested that the travel expenses from Tampa to Tokyo be funded on Clearwater's end. In 2005, Council established a scholarship program that provided for one half of the travel costs for students who are City residents. During 2005, this scholarship was funded by Council. From 2006 - 2008, the scholarship was funded through the Nagano Project Code 0181-99928 and a donation code designated for program contributions. For the past four years, all selected students have participated in earning the other half of the travel expense by working at city special events and other fundraising activities. Due to increased airfares anticipated for 2009, the Nagano Project code will not be sufficient to provide four scholarships. At the November 3 work session, Council directed Cultural Affairs to research and present options for need -based scholarships to fund this year's program. All students will still be required to earn a portion of the travel costs by working designated special events and participating in fundraising activities. Cultural Affairs Manager Margo Walbolt said staff is proposing that scholarship criteria be based on household income. All students will be eligible for work portion and receive some financing. Seed money will be used after fundraising efforts have been completed. Excess funds will roll into following year. It was stated that corporate opportunities are being researched. Council Work Session 2008-12-1 2 Engineering Approve the applicant's request to vacate the 40-foot street right-of-way of Myrtle Avenue that lies along the West property lines of Lot 1 and Lots 9 through 26 inclusive, Block "J", Belmont Second Addition, (a.k.a. 801 Howard Street), subject to the retention of a drainage and utility easement over the full width of the street right-of-way to be vacated and approve Ordinance Number 8015-08 on first reading, (VAC2008-02 Eggers-City of Clearwater). The applicant is seeking the vacation in order to eliminate the otherwise applicable setback requirement from a street right-of-way to permit the future construction of a single family home on Lots 1 and 2 of said Block "J", Belmont Second Addition. The City of Clearwater has joined in this request to vacate the remainder of this unimproved street from the south property line of Lot 1 to the northerly right-of-way line of Belleair Road.Two improved streets, Scranton Avenue to the east and Myrtle Avenue to the west are located nearby; accordingly no future need for this street as a roadway is anticipated. The City of Clearwater maintains stormwater facilities within the subject street portion but no other utilities are present at this time. The Engineering Department has no objections to the vacation request provided that a drainage and utility easement is retained over the full width of the street right-of-way to be vacated. Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request. In response to questions, Engineering Assistant Director Scott Rice said the Metropolitan Planning Organization does not approve this item. There are no firm plans for the CSX r-o-w. Assistant Planning Director Gina Clayton said the applicant could apply for a flexible development approval for $200. Official Records and Legislative Services Review Library Board Code Sections and provide direction re amendments. (WSO) City code sections 2.191 through 2.195 address the Library Board. The Board is made up of seven Clearwater residents. Section 2.193. Powers and duties reads: The Library Board shall make recommendations to the city commission concerning all matters pertaining to the management and use of the library system, including but not limited to the establishment of such rules and regulations governing the privilege of using the library by members of the public as they may deem advisable. For the most part over the last few years, Library Board meetings consist of the Library Director reporting to the board on Library operations. Few recommendations, other than those regarding library closures and hours of operation that were made during budget discussions, have been forwarded to the Council. Rules and regulations regarding the use of the library have been established for some time and are also governed by law and library cooperative rules. Council Work Session 2008-12-1 3 Council is requested to provide direction regarding refining the board's powers and duties to address those issues on which advise is wanted. Also, most advisory boards have 5 members, and Council may want to reduce the number for this board. Clean up amendment recommended include: changing Commission to Council wherever found; in section 2.194 remove term limits, the months in which the board meets, delete redundancies with general provisions in the code; and in section 2.195 change "excused" to "excessive" regarding when the City Manager may remove a member. City Clerk Cyndie Goudeau reviewed powers and duties of the Library Board. In response to questions, Library Director Barbara Pickell said the Library Board has requested that membership remain at seven and that Council provide more guidance regarding their role. Consensus was to maintain membership at seven. Council Discussion Items Assistant Fire Chief Structure (WSO) Fire Chief Jamie Geer reviewed a power point presentation regarding department restructuring. Since 2004, the department has been working to develop an effective command and ensure accountability at all levels of the organization. Continuous training and leadership development continue to be a priority. Chief Geer said Assistant Fire Chiefs will be assigned to key areas: Emergency Medical Services, Special Operations, Health and Safety, Training and Prevention. Staff directed to provide per capita information, benchmarks and response time. Public Art Ordinance (WSO) City Attorney Pam Akin said legal research shows it does not matter who makes the decision as long as the decision is not based on speech or message. Each jurisdiction handles the approval process differently. Pinellas County Fire/EMS City Manager Bill Horne said Pinellas County will meet on Wednesday, December 3 to discuss Fire/EMS reimbursement. There is an estimated $13.5 million shortfall and the County currently is not interested in raising the millage rate. Pinellas County has the statutory responsibility to provide EMS service. Council will be updated as discussions regarding impact of shortfall continue. Council Work Session 2008-12-1 4 Discussion ensued regarding response times. It was stated that if the County does not fund the $13.5 million each city would decide to fund. If no city funds the shortfall, the County would find someone else. Other Council Action Parking Garage City Attorney Pam Akin said that staff is meeting with the property owners. The property owners have not agreed to the proforma. Staff is moving forward and using the appraisals already obtained. Adjourn The Work Session adjourned at 3:06 p.m. Council Work Session 2008-12-1 5