Loading...
03/19/2009CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 19, 2009 Present: Frank Hibbard George N. Cretekos Carlen Petersen John Doran Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Vice-Mayor Cretekos. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations: 4.1 Service Awards Two service awards were presented to City employees. 4.2 March is National Nutrition Month Proclamation 4.2 Clearwater Housing Authority Quarterly Update Robert Aude, Clearwater Housing Authority (CHA) Chair, reviewed CHA's mission, current programs, and the status of Parkview Village. 5 - Approval of Minutes 5.1 Approve the minutes of the March 5, 2009 City Council meeting as submitted in written summation by the City Clerk Councilmember Doran moved to approve the minutes of the March 5, 2009, City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Dru Jeanis - expressed concern regarding handling of his public record request. Council 2009-03-19 Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2350 Lake Shore Drive (Lots 1, 21 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and an unaddressed parcel located at the Northwest corner of First Street East and Third Avenue North (Lots 12 through 15, Block 47, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and pass Ordinances 8047-09,8048-09 and 8049-09 on first reading. (ANX2009-01001) This voluntary annexation petition involves a 1.111-acre property consisting of one 0.638-acre parcel of land occupied by a single-family dwelling and one 0.473-acre parcel of land that is vacant. The parcels are located between Third Avenue North and Fourth Avenue North, with one parcel lying east of First Street East and one lying west of First Street East. Both parcels are located approximately 600 feet east of Chautauqua Avenue. The Planning Department is requesting that the 1.08-acres of abutting Fourth Avenue North, First Street East, and Third Avenue North rights-of-way not currently within the City limits also be annexed. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Fourth Avenue North right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. The proposed RS Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and both parcels exceed the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Council 2009-03-19 2 Countywide Plan, City's Comprehensive Plan, and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Gibson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2350 Lake Shore Drive (Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and an unaddressed parcel located at the Northwest corner of First Street East and Third Avenue North (Lots 12 through 15, Block 47, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8047-09 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8047-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8048-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8048-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8049-09 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 8049-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8 - Second Readings - Public Hearing 8.1 Adopt Ordinance 8038-09 on second reading, amending Appendix A, Article VII to amend the administrative fee for fireworks, update nomenclature to reflect changes made by the State mandated use of the 2007 Florida Fire Prevention Code, and eliminate the power of the Fire Prevention Administrator to modifv sections of the fire code. Ordinance 8038-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8038-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2009-03-19 3 "Nays": None. 8.2 Adopt Ordinance 8059-09 on second reading, amending Section 22.24(2) to modify the hours of operation for Station Square Park. Ordinance 8059-09 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 8059-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. City Manager Reports 9 - Consent Agenda - Approved as submitted 9.1 Approve the underwriting team consisting of Wachovia Securities as Senior Manager, RBC Capital Markets as Co-Senior Manager, Fifth Third Securities and Bank of America/Merrill Lynch as Co-Managers to provide investment banking services to manage the negotiated sale of not to exceed $72,500,000 City of Clearwater Water and Sewer System Revenue Bonds, Series 2009A and not to exceed $50,000,000 City of Clearwater Water and Sewer System Revenue Refunding Bonds, Series 2009B. (consent) 9.2 Approve the purchase of property and equipment breakdown insurance from April 1, 2009 through April 1, 2010, at the level of insurance recommended, at amount not to exceed $2,264,125. (consent) 9.3 Award contracts (blanket purchase orders) for the purchase of Gas Material Polyethylene Pipe and Fittings in the amount of $200,000 to Consolidated Pipe and Supply; in the amount of $128,000 to M.T. Deason; in the amount of $141,000 to General Utilities Pipe; and in the amount of $87,000 to Elster Perfection for the period of April 1, 2009, to March 31, 2010, and authorize appropriate officials to execute same. (consent) 9.4 Award contracts (blanket purchase orders) for Gas Material Steel Pipe and Fittings in the amount of $53,000 to Consolidated Pipe and Supply; in the amount of $72,000 to M.T. Deason; and in the amount of $171.000 to General Utilities Pioe for the period of April 1. 2009. to March 31, 2010, and authorize the appropriate officials to execute same. (consent) 9.5 Approve increasing the not-to-exceed amount from $40,000 to $240,000, to pay Lincoln Financial for life insurance premiums for CWA Life, SAMP Life, SAMP Supplemental Life, C Basic Life, and LTD coverages for the period from October 1, 2008 to September 30, 2009. (consent) 9.6 Approve the Second Amendment to Baseball Training Facility Lease Agreement and the Second Amendment to Sports Facility Use Agreement between the City of Clearwater and the Phillies, authorize the appropriate officials to execute same and approve a mid-year budget amendment transferring $200,000 from unappropriated retained earnings. (consent) Council 2009-03-19 4 9.7 Accept a 10-foot wide Water Main and Utilities Easement to encumber a portion of Lot 10, Block B, HIGHLAND TERRACE MANOR SUBDIVISION, and a portion of the East 85.64 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, conveyed by the School Board of Pinellas County in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.8 Approve a settlement in the case of Rosilenne Jones v. City of Clearwater, Case 8:08-cv- 00702-T-23TGW. (consent) 9.9 Reappoint F. David Hemerick and appoint Paul E. Lightfoot, David Napoli and Eric Spaulding to the Marine Advisory Board with terms expiring March 31, 2013. (consent) 9.10 Approve joining with multiple cities and counties to present a common defense and share the cost of outside counsel to defend Addison v. Citv of Tamoa Class Action suit. Councilmember Cretekos 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. 10 - Other items on City Manager Reports 10.1 Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 8045-09 and 8046-09 on first reading. The Fiscal Year 2008/09 Operating and Capital Improvement Budgets were adopted in September 2008 by Ordinances 8005-08 and 8006-08. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outlines the issues at first quarter that require amendment. In his First Quarter Budget Review - Amended City Manager's Annual Budget Report, dated February 25, 2009, the City Manager reported the First Quarter Budget Review is in accordance with the City Code of Ordinances. The report is based on three months of activity (October, 2008 through December, 2008) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund - General Fund revenues and expenditure amendments reflect a net increase of $751,113. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund retained earnings of $486,870 at first quarter to include the following items: $107,000 to fund the Matrix contract; $100,000 for the Clearwater Golf Course Acquisition, $135,380 to support the Homeless Shelter, and $144,490 for the 2007/08 IAFF (International Association of Fire Fighters) contract. All of these amendments have been previously approved by the City Council. Council 2009-03-19 5 Other amendments include the allocation of $182,160 to the Fire Department budget for training incentive funding that had previously been captured in a special program project and $54,000 to establish the operating budget for the Royalty Theater with like operating revenues. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2007 books, and the allocation of reserves noted above, estimated General Fund reserves at first quarter are approximately $15 million, or 12.4% of the current year's General Fund budget, exceeding the reserve policy by $4.8 million. Significant amendments to other City Operating Funds are noted as follows: 1) Stormwater Fund - At first quarter, the Stormwater operating budget reflects an increase of $24,418 of Stormwater retained earnings representing excess cash in the debt service funds representing interest earnings in the bond construction funds for the last six months, and the related transfer of these funds to the capital improvement project for Storm Pipe System Improvements; 2) Solid Waste Fund - Budget amendments to the Solid Waste Fund reflect a decrease of $47,000 reflecting a slight reduction in operating expenditures to offset an expected loss in revenues for the year; 3) Marine Fund - First quarter expenditure amendments in the Marine Fund reflect a net decrease of $296,200 to offset the loss of revenues anticipated for the fiscal year; 4) Parking Fund - Budgeted expenditures in the Parking Fund at first quarter reflect an increase of $279,420 to provide an additional FTE Police Aide position and increased operating costs for temporary parking, all of which have been previously approved by the City Council. Increased revenues will more than cover all expenditure amendments; 5) Central Insurance Fund - At first quarter, the Central Insurance Fund operating expenditures reflect the allocation of Central Insurance Fund reserves for $300,000 to support the CIGNA health insurance contract and $1.6 million to support the Downtown Streetscape Phase II project; 6) Capital Improvement Fund - First quarter amendments to the Capital Improvement Fund reflect an increase of $2,195,309. Major project amendments include the establishment of the Royalty Theater project in the amount of $2,650,000, the Downtown Streetscape Phase II project at just over $2.6 million, and the Aging Well Center for a total of $1,029,720. A list of capital improvement project budget increases that have been previously approved by the City Council was included in this report. Project budget increases not previously approved by the Council are also summarized in the report. The largest of these proposed increases is an increase of $25,418 recognizing revenue from Stormwater interest earnings applied to a Stormwater capital project. Special Program Fund - The Special Program Fund reflects a net budget increase of $1,470,132 at first quarter. Amendments include the recognition of more than $328,463 in grants proceeds supporting programs for Americorps, tactical weapons illuminators, and Juvenile Welfare grants supporting neighborhood recreation programs. Other significant amendments reflect more than $676,000 for the special events and sponsorships programs in the last six months, $196,000 from police fines and court proceeds to support public safety programs and $253,000 in revenues for police outside duty contractual services. Councilmember Petersen moved to amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at First Quarter. The motion was duly seconded and carried unanimously. Council 2009-03-19 6 Ordinance 8045-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8045-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8046-09 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 8046-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 10.2 Approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances authorizing the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually and pass Ordinance 8039-09 on first readina. At the February 19, 2009 Council meeting, Councilmembers authorized decreasing the slip rent rates in the five-year Beach Marina Business Plan due to economic conditions. The rates were based on surveys of rates charged by other municipal and local area marinas. Council approved the decreases as proposed, but agreed to look at the rates again if needed. Staff wishes to modify the existing ordinance that permits the City Manager to authorize slip rate increases up to 10%, to include decreases up to 10% as well. Councilmember Gibson moved to approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances authorizing the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually. The motion was duly seconded and carried unanimously. Ordinance 8039-09 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8039-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 10.3 Approve staff recommendations to offer retirement incentives to eligible employees. Creating an incentive for retirement eligible employees to retire during the current FY (Fiscal Year) will benefit the City's current budget reduction initiatives in several ways. They are: 1) It will create vacant FTE's that may be considered for elimination; 2) It will afford the City additional options to accommodate employees that are displaced from other positions being eliminated; and 3) If it is necessary to backfill the positions, the new employees will be hired in at a significantly lower salary. Council 2009-03-19 7 The following incentives are proposed to be offered to eligible retirees who leave employment with the City under the established terms: 1) Retiree may receive a one-time lump sum of $10,000 cash, minus applicable withholding AND 2) In addition to the above, retiree who is eligible and leaves employment with the City voluntarily prior to May 23, 2009, may receive an additional one-time cash lump sum of $5,000, minus applicable withholding. Eligible employees would be required to apply during a limited application window (March 23 to April 17) and would be required to retire by September 25, 2009 (last pay period of the FY). There are currently 170 employees across all departments/all funds that are eligible to apply. This figure does not include unclassified employees who participate in the 401A Plan. Should all eligible employees afford themselves of this opportunity, the City would incur a one- time cost of approximately $550,000 for general fund employees and $580,000 for enterprise fund employees for the incentives alone. Public safety employees would account for approximately $360,000 of these costs. If all 170 eligible employees retired and every position was back-filled at the entry rate of pay, the salary savings for the remainder of FY 2009 and all of FY 2010 would amount to $3.1 million. In addition to the costs for the incentives, the City would also incur costs of approximately $3.7 million for general employees and $1.6 million for public safety employees for sick and vacation leave payouts. These additional costs represent a current funded liability that would exist regardless of whether or not the incentives are offered. The City estimates that no more than 50 of the eligible employees will choose to afford themselves of this opportunity so the cost, as well as the savings, would be considerably less. The following chart shows these costs based on all 170 eligible employees retiring. SAMP/CWA - SAMP/CWA - Sworn - Totals Enterprise General Police/Fire Number Eligible 55 58 57 170 Option 1 incentive 550,000 580,000 570,000 1,700,000 Vacation/Sick Payout * 1,400,000 1,200,000 1,700,000 4,300,000 Total Costs 1,950,000 1,780,000 2,270,000 5,900,000 SAMP/CWA - SAMP/CWA - Sworn - Totals Enterprise General Police/Fire Savings if not filled within last 710,000 710,000 1,000,000 2,420,000 quarter FY 08/09 Savings if not filled for FY 09/10 2,800,000 2,800,000 4,000,000 9,600,000 Savings if all positions filled at a 1,800,000 1,700,000 1,000,000 4,500,000 reduced salary * existing retirement costs Human Resources Director Joe Roseto said to date, 28 employees have expressed interest in the proposed retirement incentives. A suggestion was made the $10,000 lump sum be increased. Council 2009-03-19 8 Councilmember Cretekos moved to approve offering the following incentives to retirement eligible employees: 1) a one-time lump sum payment to $11,000, minus applicable withholding, for those retiring by September 25, 2009 and 2) an additional one-time lump sum of $5,000, minus applicable withholding, for those retiring by May 23,2009. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11 - City Manager Verbal Reports - None. 12 - Council Discussion Items 12.1 Environmental Advisory Board recommendation regarding protection of shore birds Ed Chesney read a letter from the Environmental Advisory Board requesting measures for shorebird protection: restricting dog access on the beach during nesting season, signage, an education campaign and establishing a protection zone. Some staff time would be required to complete grant applications for signage. Direction was given to contact the Audubon Society for recommendations and statistics. 12.2 Pass Resolution 09-17, recommending that the Board of County Commissioners delay action on proposed resolutions establishing levels of service and criteria for the determination of reasonable and customary costs for EMS providers, or, if action is not delayed, opposing the proposed resolutions and requesting funding to remain at present levels Assistant City Attorney Robert Surette said Pinellas County proposed not to fund two rescue units and not fully fund city cost for EMS (Emergency Management Services). County proposals would lower the established level of service, impacting response times. Current response time by the City is 5.5 minutes; county proposal would increase time to 7.5 minutes. Discussion ensued. Concern was expressed regarding effect of delayed response time and impact traffic would have on calls dispatched to the barrier island if beach unit was removed. Concerns were also expressed that the process has moved too quickly and more time to evaluate the impact of the proposal is needed. It was pointed out that if the County simply raises the EMS millage to fund the units, Clearwater tax payers would actually pay more in taxes than if the City made up the shortfall. Three individuals spoke in support of the City's resolution. Councilmember Doran moved to approve Item 12.2. The motion was duly seconded and passed unanimously. Resolution 09-17 was presented and read by title only. Councilmember Cretekos moved to adopt Resolution 09-17 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2009-03-19 9 "Nays": None. 13 - Other Council Action Councilmembers reported on events in which they recently participated, reviewed upcoming events and thanked staff and residents for their efforts in Neighborhoods Day. 14 - Adjourn The meeting adjourned at 7:39 p.m. Attest: '--- Mayor City of Clearwater ~K~ c~~ ~ )~qp_.Q.~ City lerk Council 2009-03-19 10