Loading...
09/17/2007 CITY COUNCIL WORK SESSION MINUTES CITY OF CLEARWATER September 17, 2007 Present: Frank Hibbard Mayor John Doran Vice-Mayor Carlen Petersen Councilmember George N. Cretekos Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Joe Roseto Interim Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order . Presentations Service Awards Nine service awards were presented to City employees. The September Employee of the Month Award was presented to Kelly Goolsby, Public Utilities Department. The Bi-monthly Team Award for October/November 2007 was presented to the Parks & Recreation Administration Team:Mark Goheen, Kim Feeney, Nancy Oakley, Norma Matthews, and Milisa Schnatterer. Office on Aging - Kerry Kimball Kerry Kimball, Office on Aging, provided a PowerPoint presentation regarding the City’s aging population and results of the Aging Well Survey. Clearwater has the country’s highest proportion of residents older than 65. With 500 respondents over age 60, the survey indicated that most seniors support a senior center. In response to questions, Ms. Kimball said staff is evaluating City facilities to determine if they can accommodate senior centers. The Countywide EZ Ride senior transportation initiative would be a low cost program offering members unrestricted area destinations. The File of Life Program provides information vials to attach to refrigerators for easy recovery by first responders. Discussion ensued with comments that future seniors will expect and demand greater choices, that seniors believe senior services and activities will change to meet their needs, and that seniors still want a place to call their own. Council Work Session 2007-09-17 1 The Council recessed from 1:45 to 2:22 p.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. Office of Management and Budget Amend the City's fiscal year 2006/07 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 7868-07 and 7869-07 on first reading. The Fiscal Year 2006/07 Operating and Capital Improvement Budgets were adopted in September 2006 by Ordinances 7674-06 and 7675-06. Section 2.521 of the City's Code of Ordinances requires that the City Manager prepare a quarterly report detailing income and expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all active capital improvement projects. In response to questions, Budget Director Tina Wilson reviewed the amendments. Unanticipated Fire Department employee retirement payouts covered accrued vacation and sick leave. Finance Director Margie Simmons said reserves for a Category 5 hurricane would never be adequate. Staff has tried to determine reserves necessary for disasters, including overtime pay and outlays for expenses prior to FEMA (Federal Emergency Management Agency) reimbursements. Currently, the City has sufficient reserves to cover immediate needs. In response to questions, Ms. Wilson indicated that General Fund dollars are not used in Enterprise funds. Fire Department Approve the 2007 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services and has also contracted with an Ambulance Contractor to provide emergency and non-emergency transport services. In 1997 the EMS Authority signed a 10-year agreement with the contract providers that will expire on September 30, 2007. The EMS Authority and the contract providers have negotiated a new five-year Agreement commencing October 1, 2007 and ending at midnight September 30, 2012. Through this contract, Clearwater Fire & Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square-miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County will pay Clearwater Fire & Rescue a fixed annual compensation to be paid in equal installments monthly in arrears beginning on November 1, 2007. Council Work Session 2007-09-17 2 Annual compensation for the Fiscal Year commencing October 1, 2007, shall be $5,206,364.23, which is $1,351,665.67 over the current fiscal-year payment of $3,854,698.56. The contract contains an “Automatic Annual Inflation Adjustment,” which adjusts the annual compensation on October 1 of each year by the lesser of the percentage increase in the Municipal Cost Index for the most recent 12 month for which figures are available or 5.5%, but in any event, no lower than 3%. The current contract also contains an adjustment for extraordinary fuel costs. Fire Chief Jamie Geer said the budget includes two approved and funded and two approved and unfunded ALS (Advanced Life Support) engines. The County approves expenditures based on call volume. The agreement does not reimburse IT costs. Assistant City Attorney Rob Surette reviewed the negotiation process. The County determines what is reasonable and customary. Litigation would be necessary for the City to try receive additional funds. The County’s formula is the same for all municipalities. Staff will work with the County to refine the reimbursement process. Financial Services Approve a change to the City Council’s Budget Policy “Central Insurance Reserve Policy” as recommended by staff. (consent) In 1989, the City received a refund of $505,376 from Travelers insurance for a refund on health insurance premiums. In addition, additional refunds were received from CIGNA of $52,726 in 1992 and Anheim of $524,108 in 1997 for a total of $1,082,210 in refunds received. These funds were deposited into the City’s Central Insurance Fund and were part of the entire Central Insurance Reserves. In addition, since the City’s budgeting is completed each year prior to knowing the cost of health insurance for the coming year, the City decided to use that reserve as a budgeting tool and any excess or shortage of budgeted funds to pay for health insurance was added to or deducted from that reserve. Since 1990, there has been $5,435,723 deposited into this fund from City budgeted funds. There have been withdrawals from this fund for health insurance in the amount of $1,326,254 and vacation and sick leave buyout of $996,820 for a total withdrawal of $2,823,074. The current estimated balance in the health reserve is $4.2 million. The policy regarding insurance reserves was as follows until changed on June 19, 2003. Health Insurance Stabilization Fund - The City Commission authorizes maintaining a special health insurance stabilization fund to guard against future health care costs. This Fund will be used as a budgeting tool to offset any large increases in the City’s costs to provide health insurance. The target minimum balance in this account is 15% of the annual City health insurance expense. The balance in this fund has grown significantly over the years and is well in excess of the target limit. The current estimated percentage of the annual City health insurance expense is 36%. It is an extensive manual process to keep track of this reserve balance. In 2003, this policy was changed to reflect not only the need for reserves to assist with budgeting for health insurance, but reserves needed for many other insurance/risk related issues, such as the cost of workers’ compensation, liability, and property insurance, hurricanes, and other risks. The policy was changed by the City Council Work Session 2007-09-17 3 Council on June 19, 2003 as follows: Central Insurance Reserve Policy - It is a policy of the City Council to maintain a Central Insurance Fund reserve. This reserve is composed of two amounts: 1) General: An amount reserved to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability and 2) Health Insurance - An amount reserved for use as a budgeting tool to offset any large increases in the City’s costs to provide health insurance. The target minimum balance for this reserve is 15% of the annual City health insurance expense. If reserves are drawn down below the above target minimum balances, the City will develop a plan to replenish the reserves, generally within five years. The General reserve is calculated annually by an outside actuary, therefore, there is no extensive manual process needed. In addition, this reserve will increase/decrease based upon the risks as determined by the actuary. The balances in these reserves are now approximately $7.2 million for General Insurance Reserves and $4.2 million for Health Insurance Reserves. Staff feels that the General insurance reserves (currently at $7.2 million) are sufficient to meet the budgeting needs for health insurance as well. Staff recommends changing the policy as follows: Central Insurance Reserve Policy - It is a policy of the City Council to maintain a Central Insurance Fund reserve. This reserve is composed of two amounts: 1) General - An amount reserved to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health, or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability, and 2) Health Insurance - An amount reserved for use as a budgeting tool to offset any large increases in the City’s costs to provide health insurance. The target minimum balance for this reserve is 15% of the annual city health insurance expense. If the reserves are drawn down below the above target minimum balances, the City will develop a plan to replenish the reserves, generally within five years. If approved, the policy will read as follows: Central Insurance Reserve Policy - It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers’ compensation, health, or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If the reserve is drawn down below the above target minimum balance, the City will develop a plan to replenish the reserve, generally within five years. In response to a question, Ms. Simmons said it is difficult to determine if the refunds include employee dollars. The City was paying approximately two-thirds of all premiums at one time. The City is paying more for family coverage than previously. Marine and Aviation Approve Department of Environmental (DEP) Agreement: LE644 for CVA 07-488 for Clean Vessel Act Grant Program funding to replace the existing pump-out system at the Municipal Marina and authorize the appropriate officials to execute same. (consent) Council Work Session 2007-09-17 4 The Marine & Aviation Department applied for, and received confirmation of funding from the FDEP (Florida Department of Environmental Protection) to be able to replace the existing pump-out system at the Municipal Marina. The original system, installed in 1995, was also made possible with FDEP grant funding. It breaks down frequently, and is costing more to fix than replace. A new system will cost $10,772.70 to purchase and have installed. The cost includes a year warranty, and repairs thereafter if needed. The entire amount will be reimbursed by the FDEP. In response to a question, Marine & Aviation Director Bill Morris said the Marina does not charge for pump-out services. The five-year grant limits charges to $5. With only two to three pump-outs performed each week, staff is working to build up clientele before establishing a fee. Parks and Recreation Approve a Council policy to allow 12 and 13 year olds to use City recreation center fitness areas under the direct supervision of a parent, guardian or designated responsible adult. (consent) At the July 19, 2007, City Council meeting, City Council directed staff to develop a Council policy allowing for the utilization of City fitness facilities by individuals who are 12 and 13 years old, under direct parental supervision. As the policy was developed, it was found that the definition of “parent” needs to include a legal guardian. It also was decided to allow designated responsible adults to provide the supervision. As directed by Council, supervision under this policy is defined as the parent, guardian or designated responsible adult, being focused on the safety of the child’s workout with no distraction or engagement in any other activity. Staff will market this benefit to the public utilizing its programming marketing efforts. If approved, City staff tasked with monitoring these areas will observe the fitness area for compliance. In addition, a “Parental Consent and Waiver/Release of Liability” form must be executed by the parent or guardian. This policy will go into effect immediately upon approval by the Council. In response to questions, Parks & Recreation Director Kevin Dunbar said parental supervision must be one on one. The parent and child must hold memberships or pay daily fees. Hours of use are not restricted. He said this proposal would increase demand on staff. To revoke a membership, inappropriate behavior needs to be deemed habitual. Engineering Approve Work Order Amendment 3 in the amount of $84,902.97 to Wade-Trim, Inc., an Engineer of Record, for engineering design and construction administration services for the Druid Trial and Beach Connector Trail (Project number 04-0021-PR) and authorize the appropriate officials to execute same. (consent) The Druid Trail and Beach Connector Trail project is needed to provide a critical non-motorized alternative to users traveling east-west within the City of Clearwater. In addition, the trails provide an important trail connection within the Pinellas County existing trail network as the only mid-county east-west link between the popular Pinellas Council Work Session 2007-09-17 5 Trail and the planned Progress Energy Trail. By connecting these two important north- south trails, the Druid Trail will substantially increase their usefulness. In addition, the Druid Trail will connect with the planned Beach Connector Trail, which will connect the Pinellas Trail with Clearwater Beach thereby providing mid-county residents with trail access to Clearwater Beach. Specifically, the Beach Connector Trail forms trail connections between the Pinellas Trail and the east end of the new Memorial Bridge, and along the Memorial Causeway between the west end of the Memorial Bridge and the east end of the West Spur Connector pedestrian bridge over Mandalay Channel (now under construction). The West Spur Connector pedestrian bridge was funded by a CMAQ (Congestion, Mitigation and Air Quality) grant. Design of the Druid Trail and Beach Connector Trail project is partially funded by $500,000, which was part of a $3,980,000 CMAQ grant for design and construction. However, the remainder of the grant was withdrawn and the City has funded continuation of the design effort. The CMAQ grant was withdrawn because the Pinellas airshed attained Environmental Protection Agency "compliance" status. The City has applied for an Enhancement grant for funding to construct the Beach Connector Trail. This grant application was ranked highly by the Pinellas Metropolitan Planning Organization (MPO) advisory committees and approved by the MPO Board. FDOT (Florida Department of Transportation) has determined the project is eligible and feasible to receive the grant and is expected to place the project in its work program shortly. Because the Druid Trail and Beach Connector Trail project will not be funded to be constructed as a single project, it is necessary to break the project into four smaller pieces, or phases, to fit with the Enhancement grant and future funding opportunities. These four phases are as follows: 1) Phase I: From the West Spur pedestrian bridge east to the Memorial Bridge; 2) Phase II: From the Memorial Bridge east to the Pinellas Trail; 3) Phase III: From the Pinellas Trail to Glen Oaks Park; and 4) Phase IV: From Glen Oaks Park to the Progress Energy Trail. Most of the work included in this Work Order Amendment 3 is necessary in order to divide the project into four phases and produce four sets of construction documents. The remaining work is needed to alter the trail alignment on the Memorial Causeway and perform some other miscellaneous necessary work. The City of Clearwater is LAP (Local Agency Program) certified, which means FDOT has determined City staff is qualified to design and administer construction of FDOT funded projects. This project has been designed as a LAP project. Work on this Work Order Amendment 3 will commence upon award and execution of the work order; the design work will be completed in 220 days and the construction services administration work will be completed at the end of construction in approximately 10 months. Maintenance statement: This design work order has no maintenance component. When constructed, the Beach Connector Trail will be maintained by Parks & Recreation Department forces as part of the Clearwater Trail System. In response to a question, Traffic Operations Manager Paul Bertels said while there are no plans to widen Druid Road, turn lanes will be lengthened. Phasing of the project will match the federal grant schedule. Council Work Session 2007-09-17 6 Award contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $2,025,994.50 for Pump Station 16 Relocation (02-0002-UT), which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) As part of the Beach Pump Station Improvements Project, several alternatives for pumping the flow from the beaches to the Marshall Street Wastewater Treatment Plant (WWTP) were analyzed. The selected scenario was to manifold together the force mains from Pump Stations 11 (530 Mandalay Avenue), 14 (501 Parkway Drive), 20 (16 Island Way), and 45 (1371 Gulf Boulevard), with the combined flow bypassing pump station 16 and being pumped directly to the Marshall Street WWTP. Lift Station 16 is located just northwest of City Hall at 250 Pierce Street. The fourth and final phase of the Beach Pump Station Improvements Project will significantly downsize Pump Station 16 since it is no longer a master pump station re-pumping the flows from the beaches. This construction includes the replacement of Pump Station 16 and installation of approximately 1,500 feet of new 12-inch force main and approximately 150 feet of new 12-inch gravity sewer. Pump Station 16 is an aging wet pit/dry pit master pump station. The proposed improvements at Pump Station 16 provides for the construction of a new submersible pump station on the southeast corner of Pierce Street and the Memorial Causeway Bridge (251 Pierce Street), the installation of a new force main from the new station to Coachman Park, and a new gravity sewer main crossing under Pierce Street to the new station. Demolition of the existing Pump Station is being bid as an additive alternate bid item, which will give the City the option to have the low bid contractor demolish the station or bid the demo work separately. The demo work consists of removal of all the piping and equipment and then the structure will be cut down to a depth of three feet below existing grade filled with clean fill and abandoned in place. Work will commence upon award and execution of the contract will be completed within 270 days (with the alternate bid) or 210 days (without the alternate bid). The Public Utilities Department will be responsible for the operation and maintenance of Pump Station 16. Resolution 06-53 was passed on October 15, 2006, establishing the City’s intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. In response to questions, Engineering Manager Rob Fahey said the pump station would be turned off during a storm surge. The odor will be dissipated. Staff recommends this as the best site for the pump station. Legal Authorize instituting a civil action against Line Corp., to recover $5,861.70 for damage to City property. (consent) AND Council Work Session 2007-09-17 7 Authorize instituting a civil action against McGeehan Construction, Inc., to recover $5,102.26 for damage to City property. AND Authorize instituting a civil action against Metron Construction Company to recover $406.63 for damage to City property. (consent) AND Authorize instituting a civil action against R. J. Kielty Plumbing, Inc., to recover $210.75 for damage to City property. (consent) AND Authorize instituting a civil action against Steve’s Excavating and Paving, Inc., to recover $487.97 for damage to City property. (consent) AND Authorize instituting a civil action against Traffic Control Products of Florida, Inc. to recover $3,483.21 for damage to City property. (consent) AND Authorize instituting a civil action against Ultra Underground Contractors, Inc., to recover $1,577.74 for damage to City property. (consent) The City Attorney said these items require litigation to recover City costs related to damaged gas lines. The companies have claimed that they are not responsible for damages. The City feels it is necessary to clarify that the actions of these companies are unacceptable. Attorney/Client Session The City Attorney requested an attorney/client session regarding Waters Edge versus the City be scheduled for September 25, 2007, at 10:00 a.m. Consensus was to so schedule. City Election The City Attorney said if the Council agrees to reschedule the City election so that it coincides with the presidential primary, an ordinance would be required. The change would save the City approximately $65,000. Proposed Charter amendments will be completed in time for the change. Consensus was for staff to prepare an ordinance. City Manager Verbal Reports Council Work Session 2007-09-17 8 Security in Parks Police Chief Sid Klein said in response to citizen concerns, staff formed a task force to review problems in City parks. He recommended a six-month pilot program that would assign a uniformed officer to patrol parks for four hours a day, seven days a week, looking for nuisance and criminal activity. Assignments of officers would be based upon a rotation of volunteer officers, who will receive training. The $28,000 cost will be funded from the existing budget. The Police and Parks & Recreation departments will review the program every other month. Consensus was to support the pilot program. Council Discussion Items Grant Applications Concern was expressed that Council should review grant applications before submission if there is any capital commitment. The City Manager said current policy prohibits staff from pursuing grants that require additional FTEs (Full-Time Equivalents). Grants brought before the Council require governing body approval prior to submission. Consensus was for staff to provide information regarding grant applications and to schedule additional discussion on the issue. Beach Walk Issues Discussion ensued regarding Coronado Avenue. It was commented that studies indicated that two lanes plus a center turn lane would move traffic faster and be safer. It was remarked that delivery trucks use the center lane and that the City now prohibits back-out parking. Residential Speeding Legislation Discussion ensued regarding a proposal to increase fines for speeders in residential neighborhoods. Concern was expressed regarding enforceability. It was stated a bill regarding residential speeding has been filed, and must undergo the legislative process. Waterway Development Discussion ensued regarding the City’s role in waterway development. It was stated the CDB (Community Development Board) approves dock applications for submission to the County, which makes the final decision. Staff will provide information. PMI (Pinellas Mobility Initiative) The Mayor reported that the PMI discussed the bluff to beach guideway system last week. It has not been determined if the Memorial Causeway Bridge could support a guideway. The FDOT Secretary is reviewing Clearwater’s request to pay for a $50,000 - $150,000 forensic engineer study. Council Work Session 2007-09-17 9 Discussion at last meeting Discussion ensued regarding the September 6, 2007 Council meeting. Councilmembers concurred on the importance of respect and communication through healthy debate. It was suggested that Council rules regarding how meetings are run be reviewed. 15. Other Council Action – None. 16. Adjourn The meeting adjourned at 5:29 p.m. Council Work Session 2007-09-17 10