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07/18/2011 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER July 18, Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Mayor Frank Hibbard called the meeting to order at 8:30 a.m. at City Hall. 1. Presentations 1.1 Service Awards Five service awards were presented to city employees. The June 2011 Employee of the Month Award was presented to Sean Witherspoon, Traffic Operations. July/August 2011 Bimonthly Team Award was presented to the When Someone Falls, Others Rise Team: Jack Sadowski, Jackie Calder, Bob Baxter, Ben Troutman, and Dennis Coley. The Council recessed from 8:39 a.m. to 8:44 a.m. to meet as the Community Redevelopment Agency and the Pension Trustees. 2. Office of Management and Budget 2.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2011/12 and set public hearing dates on the budget for September 14, 2011 and September 29, 2011, to be held no earlier than 6:00 p.m. Work Session 2011-07-18 1 In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2011. This City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the first public hearing. The City Manager's recommended millage rate is 5.1550 mills. The rate is 4.31% less than the rolled back rate of 5.3874 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 4.31% decrease from the rolled- back rate of 5.3874 mills. The proposed millage rate as well as other TRIM millage rates that will be noted on the 2010 TRIM compliance forms are as follows: 5.1550 mills - Proposed millage rate 5.3874 mills - Rolled-back millage rate 7.2746 mills - Maximum majority vote rate 8.0021 mills - Maximum two-thirds vote rate The City Manager said the proposed budget is $357,099,210 across all city operations, representing a $12 million decrease from the current budget. The proposed FY 2011/2012 budget recommends maintaining the millage rate at 5.1550 mills. Staff continues to monitor fuel prices and impact to operating costs. The EMS reimbursement is still in question; Pinellas County may undergo another study to validate recommendations. Budget Director Tina Wilson provided a power point presentation detailing the proposed budget and staff reductions. In response to questions, Ms. Wilson said the roll back rate is revenue neutral rate, the millage rate needed to maintain the property tax revenues of the current fiscal year. The rolled back rate is 5.3874 mills. Under Amendment 1, 7.2746 mills is the maximum millage rate allowed. Fire Chief Robert Weiss said the three Fire Lieutenant positions being eliminated are multiplier positions obtained during previous union negotiations. Parks and Recreation Director Kevin Dunbar said the department incurred over 50,000 volunteer hours in current fiscal year; equivalent to over $1 million. Library Director Barbara Pickell said the department's volunteer efforts represent 7 FTEs (Full Time Equivalent). Work Session 2011-07-18 2 Staff was directed to provide information regarding volunteer hours for the police department and to clarify reported expenditure increase for Planning and Development. Discussion ensued with concerns expressed regarding spreading staffing levels too thin in some areas. 3. Economic Development and Housing 3.1 Approve the City of Clearwater's Fiscal Year 2011-16 Five-Year Consolidated Plan and Fiscal Year 2011-12 Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, authorize the City to enter into agreements with organizations contained in the Fiscal Year 2011-12 Consolidated Action Plan, and authorize the appropriate officials to execute same. The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funding to prepare a comprehensive five (5) year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Year 2011-16 Consolidated Plan responds to identified needs and continues prior Consolidated Plan activities. The Plan includes an executive summary, community profile, strategic plan, annual action plan, citizen participation plan and an analysis of fair housing and certifications. The community profile and the strategic plan are the two major components of the document. The community profile identifies the demographics and the strategic plan identifies the needs and how they are going to be addressed. HUD establishes three main goals to develop viable communities. They include providing housing, a suitable living environment and economic opportunities. In addition to the main goals, HUD has also established five areas in which participating jurisdictions must include to reach their main goals. They include housing, homeless, non-homeless and special needs, community services and facilities, and economic development. The City of Clearwater goals identified through its consolidated planning process include: • Housing Goal: Provide availability and accessibility to decent housing to the low to moderate-income families in the City of Clearwater. • Homeless Goal: Help to prevent and reduce homelessness within the City of Clearwater. • Non-Homeless and Special Needs Goal: Expand the accessibility and coordination of social services to the City of Clearwater special needs population. Work Session 2011-07-18 3 • Community Development and Public Services/Facilities Goal: Enhance the living environment for persons in low to moderate-income areas through public improvements activities, public service programs and the elimination of blight. • Economic Development Goal: Support programs that create economic opportunities throughout the City of Clearwater with special emphasis given to areas and persons of low to moderate-income. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City's housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Five-Year Plan. Funds are used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low to moderate-income households. This year's Action Plan allocates federal funds to provide housing opportunities to extremely low to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In Fiscal Year 2011-12, the City is estimated to receive federal funds in the amount of$838,241 through the Community Development Block Grant (CDBG) and $500,323 through the HOME Investment Partnership Program HOME). The total Fiscal Year 2011-12 allocation budget is $1,338,564. Funds provided through the HOME Program are limited to housing-related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition, and administration. Additional funding for the Fiscal Year 2011-12 budget will come from estimated program income funds and un-programmed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc). Other funds may include those from the Neighborhood Stabilization Program 3 (NSP3) and leverage from private sector investments. The City partners with several non-profit agencies to implement the goals and objectives the City established in its Five-year Consolidated Plan. To obtain these partners, the City annually publishes a Notice of Funding Availability in the local newspaper and on its website in February. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The Work Session 2011-07-18 4 applications were due in April. The City received 23 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD's baseline requirements. The NAHAB approved the Fiscal Year 2011-16 Consolidated Plan and the recommended allocations contained in the Fiscal Year 2011-12 Consolidated Action Plan on June 14, 2011. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization. While the City received requests for Public Services funding in the amount of $489,713, the City was only able to allocate $141,351 to nine (9) organizations. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their request, the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency's request is $30,000. This method allows a majority of the Public Services applicants to receive funding. The Consolidated Five-Year Plan and Annual Action Plan are due to HUD on August 15, 2011. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2011. Staff monitors these organizations for compliance on a yearly basis. Economic Development and Housing Director Geri Campos Lopez provided a power point presentation. In response to questions, Ms. Lopez said housing pool dollars may be used for new homes or rehabbing existing homes. Staff is looking at ways to better utilize the economic development revolving loan fund to create jobs. Housing Manager Mike Holmes said the Homeless Emergency Project did not submit an application this year. Economic Development and Housing Assistant Director Jim Donnelly said the Safety Harbor Neighborhood Family Center has documented that 65% of individuals they serve are Clearwater residents. Work Session 2011-07-18 5 Concern was expressed regarding homes in current housing stock deteriorating. It was suggested that a discussion on city's housing stock be agendaed for a future meeting. 4. Financial Services 4.1 Approve $60,000 offer of settlement of the liability claim of Thomas Quayle, Jr. and authorize the appropriate officials to execute same. (consent) A City police cruiser hit the claimant's vehicle in the rear as it was stopped in traffic. The claimant's vehicle was pushed into the vehicle ahead. The claimant's vehicle was a total loss. The claimant complained of neck pain, headaches and low back and left leg pain. An MRI showed disc herniation at L5-S1 with impingement of the nerve root. The claimant received physical therapy and chiropractic treatment with poor results. The claimant underwent a microdiscectomy at L5-S1 and continues to complain of back and leg pain. The claimant incurred $69,459.27 in medical damages. The claimant has recovered a settlement from his uninsured motorist (UM) carrier. Assuming that the UM carrier also agrees to this settlement, the City will have no further liability. If they do not agree, the City will not settle with the claimant. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. 4.2 Approve $50,000 settlement of the liability claim of Wilbur Taylor and authorize the appropriate officials to execute same. (consent) A City Fire Truck had turned right into an entrance from Gulf to Bay Boulevard. The truck could not complete the turn because of an obstruction. The truck backed up into the path of the claimant vehicle. The claimant struck the city truck and suffered injuries. The claimant suffered low back strain, a small T2-3 and T3- 4 herniated disk and a herniated disk at C5-6 and C6-7, which impinged upon his spinal cord. An examining doctor recommends a cervical discectomy and fusion Work Session 2011-07-18 6 surgery with a projected expense of$50,000-60,000. The claimant has incurred medical damages of$14,382.75 and lost wages of$6,760 or a total of$21,142 not including the recommended surgery. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. 4.3 Approve $40,000 settlement of the liability claim of Gerard Gregory and authorize the appropriate officials to execute same. (consent) A City Gas Department LP truck struck the claimant's vehicle in the rear when the claimant stopped for traffic. The claimant's vehicle suffered $3,503.68 in property damages. The claimant complained of neck, shoulder and back pain along with headaches. A lumbar MRI showed disc bulging at L4-5 and L5-S1. The claimant underwent physiotherapies and chiropractic treatment. His treating doctor opined that he suffered a 6% body permanent impairment. The claimant medical damages total $15,936 with future palliative treatment costing $1,000-$2,000 annually. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. 5. Human Resources 5.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the International Association of Firefighters Local 1158 for Fiscal Years 2008/09 and 2009/10, approve the collective bargaining agreement as negotiated between the City of Clearwater and the International Association of Firefighters Local 1158 for Fiscal Years 2010/11, 2011/12, and 2012/13 and authorize the appropriate officials to execute same. (consent) The most recent collective bargaining agreement between the City of Clearwater and the International Association of Firefighters Local 1158 bargaining unit expired on September 30, 2008. On June 27, 2011, the parties reached two separate tentative agreements that were subsequently submitted by the Union to its bargaining unit members who ratified the agreements by a vote of 137 to 39 on July 13, 2011. The first agreement provides for a two-year contract with no changes from the prior agreement in order to resolve the Fiscal Year 2008/09 and Fiscal Year Work Session 2011-07-18 7 2009/10 contract years. There are no additional costs associated with this agreement. The second agreement is for a three-year contract covering Fiscal Year 2010/11, Fiscal Year 2011/12, and Fiscal Year 2012/13. The agreement provides for a suspension of the existing merit step plan and a 2.5% across-the-board general wage increase in each of the first two years of the contract, with a resumption of a modified merit step plan that provides for a merit step advancement each year during the first 12 years of City service and with no general wage increase in the third year of the contract. The agreement stipulates that any merit step advancement after September 30, 2013 will be dependent upon and subject to negotiations for a successor agreement. The agreement also provides that the parties agree to collectively bargain separately proposed changes in the City's Pension Plan that deal with mandatory subjects of collective bargaining and any impact these changes may have on bargaining unit members; that employees who have their EMT or Paramedic certification permanently revoked must seek an alternative position or shall be subject to layoff; that the annual Personal Resource Allowance granted to employees to cover the cost of purchasing and laundering uniforms and attending to the required annual physical while off duty be reduced from $1,000 to $440 per member; and that certain provisions for the payment of overtime be limited to the requirements of the Fair Labor Standards Act. The cost for wages associated with the three-year agreement is anticipated to be approximately $295,000 for Fiscal Year 2010/2011, $330,000 for Fiscal Year 2011/2012, and $325,000 for Fiscal Year 2012/2013. The difference in the first year between the cost of the agreed upon 2.5% general wage increase and the amount that was included in the approved Clearwater Fire and Rescue Department budget to provide for Fiscal Year 2010/2011 IAFF merit step increases is approximately $169,000, and it is expected that CFR will be able to cover this cost increase through salary savings realized from positions that are being attrited out and administrative positions left unfilled. The cost of the agreed upon 2.5% general wage increase for Fiscal Year 2011/2012 is anticipated to be offset by cost reductions achieved through the reduction of the Personal Resource Allowance and a reduction in overtime costs realized through the modifications in the manner which overtime is to be paid. The cost of the agreed upon resumption of merit step advancement in Fiscal Year 2012/2013 will be included as part of the budget preparation for that year. 5.2 Approve the provision of a one-time, lump sum cash remuneration in the amount of$400 minus applicable withholding to each eligible bargaining unit member of Communications Workers of America Local 3179 in accordance with the Work Session 2011-07-18 8 agreement between the City and Union to resolve the wage re-opener for the 2010/2011 fiscal year at a total cost of$350,000. (consent) The current collective bargaining agreement between the City of Clearwater and CWA Local 3179 began on October 1, 2008 and expires on September 30, 2011. The agreement provides that Article 9, Section 1 may be re-opened upon written request of either party for the purpose of renegotiating rates of pay for the period from October 1, 2010 through September 30, 2011. The parties agreed to meet for such purpose and the parties reached a tentative agreement on June 20, 2010. The Union submitted the proposed agreement to its membership, which ratified the agreement by a vote of 269 to 42 on June 29, 2010. This agreement provides that all full time employees hired as a regular employee one year or more (or with the equivalent number of service hours) prior to the date of City Council approval shall receive a one-time, lump sum cash remuneration of$400, minus applicable withholding, effective upon approval of the City Council, and further that employees hired prior to October 1, 2010 who have served less than one year (or the equivalent number of service hours) from the date of City Council approval and part-time employees shall be eligible to receive a one-time, lump sum cash remuneration of$400, minus applicable holding, upon the one-year anniversary (or the equivalent number of service hours) of their respective hire date as a regular employee or prior performance evaluation date. The agreement also provides that pay range minimums and maximums for all classifications represented by the bargaining unit will not be adjusted for the period from October 1, 2010 through September 30, 2011, and that employees will not be provided with an individual merit pay adjustment or across-the-board general wage adjustment for the period from October 1, 2010 through September 30, 2011. The cost associated with the implementation of this agreement is anticipated to be a total of$350,000, of which the general fund would be impacted by the amount of $148,000 and the remaining amount of$159,600 impacting enterprise funds and internal services funds. A pay increase for CWA employees was not included in the approved budget for the 2010/2011 fiscal year, and the cost for this item will be allocated from City reserves. 5.3 Approve the restated plan document pertaining to the Nationwide Retirement Solutions 457 Governmental Plan and Trust Deferred Compensation Plan for City employees and enable documents, including but not limited to administrative agreements and participant loan program documents, adopt Resolution 11-17 and authorize the appropriate officials to execute same. The City is currently contracted with Nationwide Retirement Solutions as one of two providers for the City's 457 Deferred Compensation Plan, a voluntary Work Session 2011-07-18 9 individual retirement account plan funded by plan participants with no contributions from the City. This Resolution and restated plan document pertaining to the Nationwide 457 Governmental Plan and Trust provides for updating of the plan provisions in order for the Plan to continue to be considered an "eligible deferred compensation plan" under Section 457(b) of the Internal Revenue Code and in accordance with changes required by various legislation including final regulations issued under Section 415 of the Internal Revenue Code; the Pension Protection Act (PPA); the Heroes Earnings Assistance and Relief Tax (HEART) Act; The Worker, Retiree, and Employer Recovery Act (WRERA); as well as changes recommended by Nationwide to facilitate administration of the plan. Because the plan is funded solely by the participants, there is no financial impact to the City resulting from these changes. All changes to the plan document recommended by Nationwide have been reviewed and approved by City staff and the City's benefits consultant the Gehring Group. A detailed summary of the recommended changes are available for review. 6. Parks and Recreation 6.1 Approve Host Venue Sponsorship Agreement (Agreement) between the City and World Triathlon Corporation (WTC) to conduct an international distance triathlon event in Clearwater, Florida, on the second Saturday in November beginning in 2011 for a period of one year with four (4) automatic one-year renewals until 2015 and authorize the appropriate officials to execute same. (consent) For the past five years the City and WTC, better known as Ironman, partnered to bring the World Championships for Ironman 70.3 to Clearwater, Florida. While the event was extremely successful in Clearwater, WTC chose to move the Championships to another venue. WTC desires to offer a new international distance event in Clearwater known as 5150 Clearwater Triathlon, which includes a 1.5K swim, 40K bicycle and 1 OK run. The race routes chosen for this event have far less impact than the previous Ironman Events. WTC will conduct the 5150 Triathlon; provide a five-day event; bring in 1,500 participants, media and VIPs requiring multiple overnight stays; extensive local and national media coverage; and major sponsor benefits package that include rights to use the 5150 and City logo in all marketing material. The City will provide equipment and services to WTC to conduct the event including items such as traffic operations staff, police officers for event, dumpsters, trash cans, removal of litter, swim course set up, lifeguards and water safety personnel, event security, parks and recreation event staff, medical coordination, EMS coverage and SunStar transport units, etc. Work Session 2011-07-18 10 Cost of the in-kind services estimated to be $61,720, was approved by the City Council on March 17, 2011 as part of the annual review of City sponsored/co- sponsored events for budget purposes. The cost of this event is approximately $49,560 less than previous Ironman events. The City has the right to terminate the agreement by giving written notice to WTC within thirty days of the conclusion of that year's event. In response to questions, Parks and Recreation Director Kevin Dunbar said the event is held on a Saturday; athletes are expected to come in early for registration and exhibitors. The City Attorney said either party could terminate the agreement; the City must terminate within 30 days of the existing event. Concern was expressed that 30 days may be not be sufficient time to gather data regarding event participation and economic impact. It was suggested the agreement be amended to increase termination notice to 45 days. The City Attorney said WTC would be contacted to confirm acceptance of amendment. 6.2 Award a contract to Voeller Construction of Palm Harbor, Florida, Bid 08-0064- PR-(C), for the construction and renovation of restroom/concession building at Pier 60 Park, which includes alternates 2, 3 and 4 and a 10% contingency; approve a change order deduct for $900, for a net sum of$424,492.20; approve the transfer of$225,000 from miscellaneous Parks and Recreation operating funds to CIP 315-93273 at third quarter and authorize the appropriate officials to execute same. (consent) For the past 20 years, the City has provided public restrooms in five locations on Clearwater Beach. Portalet type facilities are located in small wood framed buildings at the far southern end of Beach Walk, near the Life Guard building, at Pier 60 Park and Mandalay Park. In addition, there is a public restroom in the concession building on south beach. These restrooms are heavily used and have become difficult to maintain in a presentable fashion. A capital improvement project was approved several years ago to repair or replace the existing 6-pack type restrooms. To date, the City has constructed a new restroom facility at Mandalay Park and renovated the existing 6-pack restroom at the far south of Beach Walk. Renovations were needed since it is in a velocity zone and a new structure would not be allowed in this area. This contract is to remodel and expand the current restroom facility located at the Pier 60 Concession Building and to renovate portions of the exterior of the building that have deteriorated and Work Session 2011-07-18 11 in need of repair. The renovated structure will be expanded by 833 sq. ft. to accommodate 9 commodes in the ladies restroom and 3 commodes and 3 urinals in the men's room (Base Bid). Alternates 2, 3, and 4 allow the contractor to repair deteriorated building facade, bring electrical items up to code, repaint exterior of building, remove and replace deteriorated handrails and wood decking and demolish the two existing 6-pack restrooms located north of the Life Guard building and one located north of the Pier 60 Pavilion. If these alternates are not done at this time then they will need to be completed in the near future. Alternate 1, which would provide storage for the existing ice machine and cold storage units, will be constructed prior to spring break 2013. Funding in the amount of$276.785.22 is currently available in capital project 315- 93273, Restrooms on Clearwater Beach for this contract. An additional $225,000 will be transferred from operating savings of the current Parks and Recreation budget to fund the balance of this contract as well as additional funding needed to construct Alternate 1 under a separate contract at a later date. On December 16, 2010, City Council approved the Third Amendment to the License Agreement between the City and Alexandra of Clearwater Beach, Inc, adding five years to the term of their agreement in exchange for the maintenance of these renovations to the public restrooms at Pier 60 Concessions. This will provide an annual savings of$62,140 as is included in the 2012 Parks and Recreation budget. During renovations, portable restrooms will be provided to the public by the City but maintained by Alexandra. Renovation of the restroom/concession building and Alternates 2, 3 and 4 will be completed prior to spring break 2012. 7. Police 7.1 Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of$74,412. (consent) On July 6, 2010, Clearwater Police Department (CPD) was granted approval by the City's Resource Management Committee to utilize a $74,412 allocation under the federal Justice Assistance Grant (JAG) program to create a Report Review Team Pilot Program. Work Session 2011-07-18 12 Currently, the police department's report review process begins at the first line supervisory level, with all offense, incident, supplement, and crash reports being reviewed and approved at this level. Reports are then sent to Case Management, where a second review is done for dissemination purposes. This practice has worked well for many years, but as our supervisory span of control increases, the sustainability of this practice has been brought into question. The reduction of supervisory personnel within the department has created a dramatic change in span of control ratios, particularly within the Patrol Division. In some cases, patrol teams have a supervisor to officer ratio as high as 1:14. The merging of teams and the consolidation of workloads has also placed an additional burden on some of the supervisors. The impact of these changes has had a negative effect on supervisory availability to field personnel, timely review of reports, and supervisors' ability to ensure consistency in report quality. Providing a quality report in a timely manner is of paramount importance to the police department. Additionally, our reports are frequently subject to public, political, and judicial scrutiny. The department currently relies on the first line supervisory personnel to ensure quality control. A recent review of the supervisory approval process uncovered inconsistencies in the process and differing opinions on what constituted a quality report, as well as an acceptable error rate. At present, patrol supervisors review approximately 45,000 reports per year. Assuming each report required 15 minutes of supervisor time to review and approve, this would equate to approximately 2-3 hours that a supervisor spends each day reviewing reports. This recent review indicated a low report rejection rate amongst the majority of field supervisors. This strongly suggests many of the department's reports are not subject to rigorous review or scrutiny, that our current practice of reviewing police reports may not be the most efficient use of supervisory time, and that our current practice does not, in all cases, provide for a consistent and quality work product. The Report Review Team Pilot Program will be a means to increase supervisor efficiency within the police department. The RRT Pilot Program will remove the burden of report review from first line supervisors. Implementation of the RRT Pilot Program will result in efficiencies for our field supervisors by allowing them to focus on evaluation and supervision of field personnel, employee coaching, community problem solving, and reaching other department goals. The smaller review team will also allow for greater accountability and consistency in the final work product. The RRT Pilot Program will consist of four part-time, non-sworn employees and will operate under the supervisory umbrella of the Crime Analysis Unit. The team will review, approve, and disseminate all police reports generated within the Patrol Division and by Police Service Technicians to ensure that the reports meet the Work Session 2011-07-18 13 minimum standards set forth by the department. Additionally, the team will be responsible for the tracking of reports to ensure a timely review and provide feedback to patrol supervisors if corrective action is necessary. The Police Department will need to hire three additional part-time employees to supplement an existing part-time position within the Crime Analysis Unit. The JAG grant will fund the salary and benefits of 1.75 full-time equivalent report reviewer positions. This is based on a total of 70 hours per week to be shared among three employees for a total of 3,640 hours annually. Based on the Pay Plan and using an hourly wage of$18.99, salary costs are estimated at $69,124, with benefit costs for social security at $5,290. The total estimated cost is $74,414, which is $2 more than the grant award. Any difference between the grant award and the actual expenditures of the RRT Pilot Program will be funded from the Investigative Cost Recovery project. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Should the RRT Pilot Program be successful, it is proposed that subsequent years be funded through the same grant or the Investigative Cost Recovery project. The Council recessed from 10:15 a.m. to 10:23 a.m. 8. Public Utilities 8.1 Support the Florida Department of Environmental Protections (FDEP) petition to rescind U.S. Environmental Protection Agency's Numeric Nutrient Criteria (NNC) in Florida and adopt Resolution 11-16. On January 14, 2009, the United States Environmental Protection Agency (EPA) established a rule requiring exceptionally stringent limits on nitrogen and phosphorous levels discharged to Florida surface water. These rules apply to the State of Florida only and will significantly impact discharges of wastewater, reclaimed water and stormwater by virtually all municipal governments and private landholders in the state. The low concentration levels for nitrogen and phosphorous required, in some cases, are well below the "background" discharge, which occurs in stormwater runoff from undeveloped property. On March 16, 2011, the EPA Office of Water released a memo titled "Working in Partnership with the States to Address Phosphorous and Nitrogen Pollution through Use of a Framework for State Nutrient Reductions" detailing eight elements for effective state programs to manage nitrogen and phosphorous pollution. The petition uses the eight elements in the memo to document the Work Session 2011-07-18 14 strength of Florida's efforts to control nitrogen and phosphorous pollution, including FDEP's pursuit of NNC. In recognition of this state-wide problem and since the Florida Department of Environmental Protection has an aggressive program in place, FDEP has filed a petition requesting that EPA rescind the imposed NNC and provide a response by May 22, 2011, on relieving Florida from this federal mandate. On June 13, 2011, EPA responded that the agency "would not take action on the State petition until it reviews the NNC adopted by Florida." By withdrawing the 2009 determination, EPA would once again allow Florida to regain its primary responsibility for standard setting as envisioned by Congress in the Federal Clean Water Act. This Resolution supports the FDEP's petition to EPA to rescind numeric nutrient criteria development in Florida at this time and to allow FDEP the primary rule- making role. This resolution is Clearwater's first step in supporting the FDEP in a request for relief. City staff, as well as other local municipalities, attended Public Workshops held by the FDEP in June at Leesburg, Florida. There are no costs associated with Resolution 11-16. Public Utilities Director Tracy Mercer said FDEP will seek an extension to the NNC deadlines should EPA approve the proposed standards. A concern was expressed regarding sense of permanency of Item 3 in Section 1 of proposed resolution. Ms. Mercer said the verbiage was taken from Florida League of Cities' suggested resolution. There was consensus to strike Item 3 in Section 1 of the proposed resolution. 9. Engineering 9.1 Approve Change Order 1 to Reynolds Inliner, LLC, Clearwater, FL, for the 2010 Stormwater Pipe Lining Project (09-0054-EN) in the amount of$1,088,325.00 for a revised contract amount of$2,285,482.50 and authorize the appropriate officials to execute same. (consent) Council awarded a construction contract on December 16, 2010 in the amount of $1,197,157.50 to Reynolds Inliner, LLC, for the 2010 Stormwater Pipe Lining Project (09-0054-EN). To date, 8,835 LF of cleaning, inspection and lining has been ordered through this contract. Of that, the contractor has installed and Work Session 2011-07-18 15 invoiced for nearly 5,000 LF. An additional 6,000 LF is scheduled to be inspected via CCTV to determine the need for lining. Additional areas include pipes between houses, Landmark Drive (resurfacing contract) and Wood Valley (traffic calming project). These existing pipes are deteriorating and near the end of their life cycle. The goal is to maintain the integrity of the stormwater system and minimize disruptions to our citizens and vehicular traffic by using the Resin Impregnated Cured in Place Pipe (RICIPP) slip lining method.The City of Clearwater Engineering Department will direct the contractor to high priority pipe systems as established by review of inspection reports and maintenance records with a focus on corrugated metal pipes within easements between houses. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. Change Order 1 in the amount of$1,088,325.00 is for additional cleaning, video inspection, and installation of resin impregnated cured in place pipe (RICIPP) lining at various locations throughout the City of Clearwater using the established unit prices from the Original Contract . A third quarter amendment will transfer $1,088,325.00 from Capital Improvement Program project 0315-96168, Stormwater System Expansion to 0315-96124, Storm Pipe System Improvements to fund the change order. 9.2 Approve a Supplemental Work Order to King Engineering Associates, Inc. (Engineer of Record) to provide engineering design and permitting services for the Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) in the amount of$69,806.00 and authorize the appropriate officials to execute same. consent On August 5, 2010, Council approved a work order for King Engineering Associates, Inc. in the amount of$779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT). An administrative work order supplement in the amount of$36,051.00 was approved January 4, 2011. The Woodlawn Terrace Storm Sewer Replacement Project (11-0028-EN) was developed from the Stevenson Creek Watershed Management Plan. Located in the same neighborhood, Bermuda Street has poor drainage. Both of these roads are within the project area for the Idlewild/The Mall sanitary sewer system design. Work Session 2011-07-18 16 By combining the storm sewer project with the sanitary sewer project, disruption to the neighborhood's residents and construction and restoration costs may be reduced. This Work Order is to provide survey, preliminary engineering, design and permitting beyond the scope of services described in the original Work Order for the improvements of the storm sewer system in these two areas. The existing storm sewers are currently maintained by Public Services. Construction of the new storm sewers will not increase maintenance costs. Sufficient budget and revenue is available in Capital Improvement Program project 0315-96169, Stevenson Creek to fund the work order. 9.3 Award a contract to RTD Construction, Inc. of Zephyrhills, Florida, to rehabilitate clarifiers 1-4 at the Northeast Water Reclamation Facility (WRF) in the amount of $1,419,235.18, which is the lowest responsible bid received in accordance with plans and specifications; and approve a work order to Engineer of Record, King Engineering Associates, Inc. in the amount of$118,363.00 to provide Construction, Engineering and Inspection (CEI) services for total funding in the amount of$1,537,598.18 and authorize the appropriate officials to execute same. (consent) The project scope includes rehabilitating four (4) existing clarifiers at the Northeast WRF. The plant utilizes eight (8) circular clarifiers. Clarifiers 5-8 will be rehabilitated in a separate project advertised in 2012 due to funding availability. These four clarifiers were built in 1975 and are the oldest of the fourteen (14) clarifiers in the City. The clarifier internal components and structural steel have corroded and are in need of replacement. The clarifiers at the Marshall Street and East WRFs will be rehabilitated over the next two years. RTD is the low bidder by approximately 0.5% and is 17% less than the final Engineer's estimate. The City received eight bids for the project ranging from $1.419 to $1.570 million with the average being $1.468 million. King Engineering Associates, Inc. was the design consultant for this project and will provide CEI services upon approval of the work order. King Engineering has reviewed RTD's bid and has provided a recommendation of award. The construction phase is anticipated to take nine months and is scheduled for completion by July 31, 2012. The project includes $507,230 (35% of project total) worth of Owner Direct Purchased equipment resulting in a tax savings valued at $31,090. The City of Safety Harbor will reimburse the City for approximately 29% of the project costs. Work Session 2011-07-18 17 Public Utilities Department shall own and maintain the proposed improvements included in this contract. Third quarter amendments will increase budget only in Capital Improvement Program project 0315-96654, Facilities Upgrades and Improvements of other Governmental Revenues (337900) for Safety Harbor's share of this contract as well as King Engineering Design (4/13.5 of$130,400.00) contract previously submitted in the amount of$494,221.66; transfer the following: 2009 Water and Sewer Revenue Bond proceeds in the amounts of$47,617.54 from 0376-96763, Wellfield Expansion and $50,622.90 from 0376-96764, Reverse Osmosis Expansion Reservoir 2, to 0376-96654, Facilities Upgrades and Improvements and $945,136.08 of Utility R and R from 0327-96743, Meter Backflow Replacement/Change Out to 0327-96654, Facilities Upgrades and Improvements for a total of$1,537,598.18 to fund these contracts. 9.4 Award a contract to RTD Construction, Inc. of Zephyrhills, FL, in the amount of $320,518 for construction of the Pickett Thickener and Scum Removal Improvements Project for the Northeast Water Reclamation Facility (WRF), (project number 09-0040-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; and authorize the appropriate officials to execute same. (consent) Grease and scum from the primary settling tanks accumulates within the Pickett thickeners (located within the headworks building), causing odors, and maintenance and operations issues at the Northeast WRF. The scope of the project is to modify the Pickett Thickeners to allow grease and scum to be collected more efficiently, and to install a submersible chopper pump in the scum collection well to routinely mix scum and then pump it to the anaerobic digester for treatment. Jones Edmunds and Associates, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, was responsible for the design of the improvements. The final engineering estimate was $375,000. RTD bid was $320,518.00 for the project. After comparing the bids, Jones Edmunds and Associates has recommended award to RTD Construction and city staff concurs. The contract time is 180 days and it is anticipated that the construction will be completed by the end of March 2012. Public Utilities Department shall own and maintain the proposed improvements included in this contract. Sufficient budget and revenue is available in the following projects: Utility R and R revenue in 0327-96615, Odor Control in the amount of$144,190.30, Sewer Work Session 2011-07-18 18 revenue in 0315-96615, Odor Control in the amount of$52,055.70 for a total of $196,246.00. A third quarter amendment will increase budget only in Capital Improvement Program project 0315-96615, Odor Control, of other Governmental Revenues (337900) for Safety Harbor's share of this contract as well as JEA Design (4/13.5 of$98,900) contract previously submitted in the amount of$124,272.00 to provide total funding in the amount of$320,518.00. 9.5 Accept a General Utility Easement conveyed by Mary Huber, as Trustee for the Church of Scientology Religious Trust over, under, and across a portion of Lots 8 and 9, George Washburn Subdivision, as more particularly described therein, given in consideration of receipt of$1.00 and the benefits to be derived therefrom. (consent) The subject General Utility Easement conveyed by the Trust on June 3, 2011 grants the City sufficient perpetual authority at the northeast corner of the property for the installation and maintenance of public water and gas lines that serve the Church of Scientology's Ministerial and Pastoral Center located at 215 South Fort Harrison Avenue. 9.6 Grant a Non-Exclusive License to Encroach (License) to The Goodyear Tire and Rubber Company, an Ohio corporation, in consideration of the recitals and mutual covenants and conditions contained therein, within the easterly 10 feet of Lot 1, Gibsons Clearwater Heights Subdivision, as more particularly described therein, and authorize the appropriate officials to execute same. (consent) The Goodyear Tire and Rubber Company (Goodyear) operates a retail tire store at the northwest corner of North Missouri Avenue and Cleveland Street under a long-term lease with R. C. Lawler, Inc. (Lawler).On October 11, 2010, Lawler granted the City easement over and across a portion of the leased property granting the City authority to construct and maintain planned roadway improvements for its Cleveland Street Streetscape, Phase II - Myrtle Avenue to Missouri Avenue project. On December 16, 2010, Council accepted the Lawler easement grant being advised the City Attorney's office was in negotiations with Goodyear to obtain its consent to the easement grant in a mutually beneficial manner. Also on December 16, 2010, Goodyear executed an instrument evidencing its consent to the Lawler easement. The previously recorded easement was re- Work Session 2011-07-18 19 recorded with the Goodyear Consent attached on April 1, 2011 in O. R. Book 17210, Pages 1427 - 1431, Pinellas County public records. Negotiated consideration for Goodyear to grant its consent to the easement was that the City authorize Goodyear's continued utilization of the subject premises, now a portion of Missouri Avenue right-of-way not required for roadway improvements, to maintain 5 parking stalls presently constructed therein. The subject License affirms the City's consent for Goodyear's continued use of the 10-foot strip of land described therein subject to terms and conditions of the License. 9.7 Grant, bargain, sell, transfer and quit-claim to Tom Sehlhorst, 6034 Waterside Drive, Birmingham Alabama, a portion of Block E, Joseph J. Eldridges subdivision, in consideration of receipt of$10.00 in hand paid, and authorize the appropriate officials to execute a Quit-Claim Deed evidencing same as more Particularly described therein. (consent) The City has been named in an action by Bay Gulf Credit Union to foreclose its lien of a mortgage encumbering property titled to Tom Sehlhorst in Block E, Joseph J. Eldridges subdivision. The subject Block E is a triangular parcel of land extending approximately 345 feet north from Cedar Street between the Pinellas Trail and North Myrtle Avenue. The parcel of land described in the subject Quit-Claim Deed was conveyed to the City in February 1983 by Quit- Deed executed by the Koch Foundation, Inc. as recorded in O. R. Book 5493, Page 43, Pinellas County public records. On August 31, 1987, the City executed a Quit-Claim Deed in favor of Tom Sehlhorst conveying a specified portion of Block E other than the subject parcel "...and any other rights to Block E which Grantor may own." That deed is recorded in O. R. Book 6573, Page 1895, Pinellas County public records. Legal counsel for the plaintiff in the subject foreclosure requests the City more specifically convey the lands deeded to it by the Koch Foundation to assure absolute clarity in the chain of title in and to the lands in the foreclosure action. 9.8 Provide direction regarding implementing a Red Light Camera Safety Program. A Request for Proposals was released on April 14, 2011 with a due date for submittals of May 30, 2011. Five submittals were received and the five were shortlisted to three. Work Session 2011-07-18 20 Oral Presentations were held on June 29, 2011 with Lt. David Dalton, Rob Surette and Paul Bertels as evaluators with George McKibben as monitor. The evaluations resulted in the following rankings: 1. Redflex Inc. 2. American Traffic Solutions (ATS) 3. Gatso The recommended vendor (Redflex) is to provide eight cameras at two intersections; Belcher Road and Gulf to Bay Boulevard; and Belcher Road at Sunset Point Road. The vendor is to keep the cost to the city neutral, meaning that ticket revenue will offset the monthly fees. Terms of deployment are a minimum of two years after a six-month test deployment to determine effectiveness. Staff recommendation is not to proceed at this time with a Red Light Camera Safety Program due to the uncertain regulatory environment that currently exists in Florida, which is causing undue workload issues as well as confusion as to the effectiveness of red light cameras. In response to a question, Traffic Operations Manager Paul Bertels said the amber light time lapse have been extended to the allowed maximum time. Further extensions would require changing state law. 10. Official Records and Legislative Services 10.1 Appoint two members to the Parks and Recreation Board, one member to fill the remainder of an unexpired term until May 31, 2014 and one member with a term to expire May 31, 2015. There was consensus to appoint Gerald J. Thompson to fill remainder of an unexpired term until May 31, 2014 and Allen Weateherilt to fill a term to expire May 31, 2015. 10.2 Appoint Roberta S. Klar as the Clearwater Arts Alliance, Inc. representative, formerly Clearwater Arts Foundation, to the Public Art and Design Board to fill the remainder of an unexpired term until March 31, 2014. (consent) 10.3 Appoint one member to the Marine Advisory Board with term to expire March 31, Work Session 2011-07-18 21 2015. (consent) There was consensus to appoint Donald O. MacFarland to fill a term to expire May 31, 2015. 10.4 Designate a councilmember to be the official voting delegate at the Florida League of Cities Annual Conference, August 11-13, 2011. (consent) The Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 11-13.The League is asking each municipality to designate one official to be the voting delegate at the Annual Business Session on Saturday, August 13 at 9:00 a.m. Election of League leadership and adoption of resolutions are undertaken at the business meeting. There was consensus to appoint Councilmember Bill Jonson. 11. Legal 11.1 Approve a settlement agreement settling the case of Pickles Plus Too, Inc. v. City of Clearwater, Case 11-001450-CI-08, including the execution by appropriate officials of all documents related thereto, specifically, the proposed Settlement Agreement and Lease attached hereto, and authorize the allocation of$668,000.00 of General Fund Reserves to fund the settlement payment. This matter was mediated on June 2, 2011, and settlement negotiations continued for several days thereafter. Both parties participated in the mediation, in person and by counsel. A proposed settlement agreement (attached) has been reached, subject to approval by the City Council that includes the following terms: Plaintiff will release the City of all claims, and file a stipulated motion for dismissal with prejudice of all claims and an agreed to order dismissing all claims with prejudice. The City of Clearwater will pay to Plaintiff the total sum of$668,000.00 in full settlement of all claims for compensation, inclusive of all attorneys' fees, expert fees, and costs of any kind, within thirty (30) days of approval by City Counsel. The plaintiff will be permitted to remain at its present location in the Harborview Center until midnight, February 29, 2012, under the lease as amended by the mediated settlement agreement. Work Session 2011-07-18 22 A third quarter budget amendment will provide the allocation of$668,000.00 of General Fund reserves to fund the settlement payment to the Legal Department operating budget. After adjusting for this amendment, General Fund reserves will be approximately $18.2 million, or 16.3% of the General Fund budget, exceeding the 8.5% reserve policy by approximately $8.7 million. 11.2 Request for authority to institute a civil action on behalf of the City against R and R Companies, Inc., to recover $3,529.51 for damages to City property. (consent) On October 30, 2009, employees of R and R Companies, Inc., were performing excavation work in the vicinity of the intersection of Casey Jones Court and Wetherington, Clearwater, Florida, and punctured a Clearwater Gas 2-inch main gas line. Subsequent to the above-referenced incident, the City's Risk Department sent numerous letters to R and R Companies, requesting $780.17 to reimburse the City for the necessary repairs and lost gas from the puncture of the gas line. R and R Companies denies that it is liable for the gas line puncture. On November 14, 2009, employees of R and R Companies, Inc., were performing additional excavation work in the vicinity of the intersection of Casey Jones Court and Wetherington, Clearwater, Florida, and once again punctured a Clearwater Gas 2-inch main gas line. Subsequent to the above-referenced incident, the City's Risk Department sent numerous letters to R and R Companies, requesting $943.04 to reimburse the City for the necessary repairs and lost gas from the puncture of the gas line. R and R Companies denies that it is liable for the gas line puncture. On March 10, 2010, employees of R and R companies, Inc., were performing excavation work in the vicinity of the intersection of 2955 and 2937 Hillcrest Circle South, Clearwater, Florida, and damaged the City's sanitary sewer lines at those two addresses. Subsequent to the above-referenced incident, the City's Risk Department sent numerous letters to R and R Companies, requesting $1,806.30 to reimburse the City for the necessary repairs to the damaged sewer lines. R and R Companies has not responded to any of the City's letters. Work Session 2011-07-18 23 The Legal Department requests authority to bring a legal action against R and R Companies, Inc., to recover the moneys owed to the City, which totals $3,529.51 for the aforesaid property damages. The costs relative to this action will include a $300.00 filing fee and fees for service of process of approximately $200.00. 11.3 Change the date of the City's elections to coincide with the state and county elections and pass Ordinance 8274-11 on first reading. Florida Statutes Section 166.021(4) permits municipalities to change election dates, qualifying periods for candidates, and for the changes in term of office necessitated by such changes in election dates by ordinance without approval at referendum. Statistics indicate that there is much higher voter participation in statewide and countywide elections than in primary elections. It is also more cost-effective to hold municipal elections in conjunction with state, county and federal elections. Therefore, it is in the best interest of the City of Clearwater to move their election dates as so allowed to increase voter participation and save the cost of a separate municipal election. Discussion ensued with concerns expressed regarding voter participation in a November election and perception of extending council terms. Staff was directed to provide information if Pinellas County Supervisor of Elections is able to support a municipal election after a presidential preference primary. 11.4 Adopt Ordinance 8261-11 on second reading, annexing certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 11.5 Adopt Ordinance 8262-11 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, upon annexation into the City of Clearwater, as Residential Urban (RU). Work Session 2011-07-18 24 11.6 Adopt Ordinance 8263-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 345 and 347 Elizabeth Avenue, together with abutting right-of-way, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). 11.7 Adopt Ordinance 8265-11 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2011, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Stormwater Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marina Fund, Airpark Fund, Clearwater Harbor Marina Fund, Parking Fund, Administrative Services Fund, General Services Fund, Garage Fund, and Central Insurance Fund. 11.8 Adopt Ordinance 8267-11 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2011, to reflect a net decrease of$429,533. 12. City Manager Verbal Reports — None. 13. Council Discussion Items 13.1 Artificial Turf Discussion deferred to Thursday, July 21. 14. Closing Comments by Mayor— None. 15. Adjourn The meeting was adjourned at 11:27 a.m. Work Session 2011-07-18 25