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10/03/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER October 3, 2005 Present: Frank V. Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen A. Petersen Councilme mber John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback 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 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Purchasing Angelo's Aggregate Materials - Award a contract for the disposal of construction materials and demolition debris during the contract period October 7, 2005 through November 30, 2006, at a cost not to exceed $850,000. Ringhaver Equipment Co., Riverview, Florida; Ringhaver Equipment Co. - Three (3) Caterpiller Model 938G wheeled construction payloaders for $518,922. In-kind replacements for G382, G383 and G1955 for Public Works. Lease purchase financing. Piggyback GSA Contract # GS-30F-1025D. Appropriation Code(s): $ 518,922.00 0316-94234-564100-519-000. In response to a question regarding Item #2, Public Services Assistant Director Ray Boler said the payloaders being replaced are 20 years old. Human Resources Health Insurance Contract. The contract with the City’s current medical insurance provider, CIGNA HealthCare, expires on December 31, 2005. Based on the renewal proposal from CIGNA HealthCare for 2006, the City elected to go out for RFP (Request for Proposal). The City Benefits Committee evaluated RFP responses from five major carriers. The five respondent proposals were scored and ranked by the Committee based on cost, ability to perform, adequacy of network, “AM Best” rating, and experience with other government agencies in Florida. Based on the evaluation, United HealthCare received the highest score from all fifteen Benefit Committee members. Both staff and the Benefits Committee recommend United Healthcare be awarded a one-year contract to provide City medical insurance coverage for calendar year January through December, 2006. The new plan would result in a 5.84% overall increase in premium costs. However, the costs would be more effectively aligned with the utilization among the plans, resulting in a net decrease for all tiers of the base plan. As such, it is anticipated that enrollment shifts will result in the actual overall increase being less than 5.84%. The coverage would maintain the City’s existing plan structure consisting of HMO and POS standard and buy-up options, an open access network of providers and facilities, and maintenance of all current benefit levels, including prescription co-pays. Additionally, staff recommends continuing with Bradman/Unipsych for EAP and mental health/substance abuse coverage for City employees and their covered dependents for 2006. This is without a rate increase. For FY (Fiscal Year) 2006, the City budgeted approximately $11,737,280 for 1,834 full time positions for the City’s share of medical insurance coverage. The City’s estimated share of actual expenses for FY 06, which covers three months of the current contract and nine months of this proposed contract, is $10,584,000. The difference between budgeted and actual costs, estimated to be $1,153,280, will be deposited into the Premium Stabilization Fund. The above number is assuming all positions are filled at all times and that employees select type of coverage (employee only, employee 1, and employee family) similar to the current year. Costs related to this contract for coverage from October through December 2006, estimated to be $3,915,000, will be budgeted as part of the fiscal year 2007 budget. Staff also recommends that the current funding strategy for City contributions to health care representing 100% of the HMO Standard cost for “Employee Only,” 75% of the HMO Standard cost for “Employee plus One,” and 68% of the HMO Standard cost for “Employee plus Family,” applied to the tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up plans respectively, be maintained. Human Resources Director Joe Roseto said a formal presentation will be presented to City Council on Thursday. Parks and Recreation Approve Amendment to Agreement with Progress Energy Florida, Inc. to provide a sidewalk across the Progress Energy right-of-way at Countryside Community Park and authorize the appropriate officials to execute same. (Consent) In November 1995, the City of Clearwater entered into a License Privilege Agreement with Florida Power Corporation (now known as Progress Energy Florida, Inc.) to allow parking on the Progress Energy right-of-way at the Countryside Community Center. At that time, two driveways were included in the License Agreement to allow vehicles to cross over the oil pipeline on the Progress Energy right-of-way. The City Council approved an amendment to this agreement on June 19, 2003, to add an additional driveway to cross the oil pipeline to accommodate the new facility maintenance building. In order to improve access for two handicap parking spaces adjacent to the ball fields at Countryside Community Park, an additional amendment is needed to install a sidewalk from the parking lot, across the oil pipeline to existing sidewalk in the park. There is no additional cost associated with this amendment. Currently, the City pays Progress Energy $6,000 per year to lease this property for parking. In response to a question, Parks & Recreation Director Kevin Dunbar said he did not believe this amendment to the agreement would restrict the placement of the Progress Energy trail in the future. Mr. Dunbar said Progress Energy does not charge the City to lease the property in front of the Carpenter Field Complex. In response to a question, Mr. Dunbar will report on why Belcher Road lacks sidewalks at the new railroad crossing. Approve Co-sponsorship Agreement and waiver of requested City fees and service charges for FY 2006/07 between the City and World Triathlon Corporation to conduct the inaugural Ford Ironman 70.3 World Championships in Clearwater, Florida for an estimated gross cost of $84,195 for the purposes of departmental budget submittals and authorize the appropriate officials to execute same. (Consent) World Triathlon Corporation, better known as Ironman, has a desire to partner with the City to bring the World Championships for Ford Ironman 70.3 to Clearwater for the next five years. World Triathlon Corporation created and conducts triathlons around the world, with the most famous being the Ironman competition held once a year in Kona, Hawaii. However, the corporation has a desire to expand the concept of triathlons to create a championship mini-triathlon consisting of a 1.2-mile swim, 56-mile bike ride, and a 13.1-mile run. There will be qualifying meets all around the world, with the inaugural championship to be held in Clearwater on November 11, 2006, and on the second Saturday in November of each year thereafter. The agreement is for five years. Ironman will conduct the world championship 70.3 triathlon; provide a five-day event; bring in 1,800 participants, media and VIPs requiring multiple overnight stays; one hour of national TV show and live global web streaming broadcast and rights to use the Ironman 70.3 World Championship logo in all marketing materials. The City will provide equipment and services to Ironman to conduct the event including items such as traffic operations staff, police officers for events, 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. Costs of the in-kind services of $84,195 will be budgeted in the individual department operating budgets for FY 2006/07. In each subsequent year, this item will be brought forward with other co-sponsored events, following Council policy. Concerns were expressed regarding the Force Majeure provision not including any specific language that would justify cancelling or moving the event with the City still being responsible for the costs. In response to questions, Mr. Dunbar said if the event were cancelled, postponed, or could not be held in Clearwater, the City would try to help find another location for the event. The City sometimes purchases insurance to cover events when considered a high risk. Engineering Accept a perpetual Sidewalk and Utility Easement containing 120 square feet, more or less, over and across a portion of Lot 1, Block B, Bayside Subdivision No. 5, conveyed by Center Family, LTD, a Florida limited partnership, in consideration of receipt of $1 and the benefits to be derived therefrom. The design for the BeachWalk project has been completed. BeachWalk will include redesign and resurfacing of Coronado Drive and a portion of Hamden Drive. The subject sidewalk easement will widen the turn radius and facilitate improvements at the intersection of Bayway Boulevard and South Gulfview Boulevard, the southerly project limits. Improvements will include a 5-foot sidewalk and creation of a 90-degree intersection to replace the current merging traffic pattern. A diagram was requested to view how the intersection of the easement from Center Family LTd was going to be made into 90 degrees. Approve a contract with Christopher S. Dailey to purchase real property described as Pine Crest Subdivision, Block 6, Lot 10 and the West ½ of vacated alley on the East for $180,000, plus estimated miscellaneous expenses and demolitions costs not to exceed $3,500, and authorize appropriate officials to execute same. Prior to construction of the North Greenwood Recreation and Aquatic Complex ("Complex"), the City acquired five of six privately owned parcels that adjoined former Ray Green Field. The subject purchase will complete City control of the entire block and provide much needed storage in the heavily used Complex. A complete appraisal of the subject property was performed on June 23, 2005, estimating its value at $152,000. The seller has been unable to locate a suitable replacement property at that price, but will accept $180,000 to relocate. The City will demolish the existing frame residence, but retain the 792 square-foot, five-year old masonry garage of above average construction as a much-needed ancillary support facility for the center. Among contract provisions, property owner Mr. Dailey must have the residence vacated prior to closing, not later than December 2, 2005. The contract provides for Mr. Dailey to continue occupying the garage for storage of business equipment and personal property through April 30, 2006. In consideration of Mr. Dailey's continued occupancy after closing, the closing agent will hold $10,000 in escrow pending Mr. Dailey completely vacating the property as agreed, and paying all costs incurred during his occupancy. Mr. Dunbar said the house will be taken down creating green space and the garage will match the aesthetics of the recreation center. Award a contract for the construction of the Aquifer Storage and Recovery Exploratory Well (04-0046-UT) to Rowe Drilling, Co. of Tampa, Florida for the sum of $214,478 which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. On September 20, 2001, the City Council approved funding in the amount of $50,000 for participation in a multi-year project, the Largo/Clearwater/Pasco Aquifer Storage and Recovery (ASR) Interconnect. The project is to study, plan, develop and construct ASR technology for reclaimed water cooperatively with the Southwest Florida Water Management District (SWFWMD). The concept of this project includes developing seasonal storage for reclaimed water cooperatively between the Cities of Largo and Clearwater, and possibly transmitting excess wet weather flows to Pasco County to restore environmentally impacted wetlands if not needed by the City. ASR involves storing water underground in aquifer systems for recovery at a later time. The technology allows for storage of reclaimed water when the demand is low (generally during the rainy season), and allows for recovery of reclaimed water when the reclaimed water demand is higher (generally during the dry season). Storage of reclaimed water underground decreases the amount of storage infrastructure (i.e. storage tanks) needed aboveground and allows for greater storage capacity of the reclaimed water. Additionally, ASR will provide the capability to potentially reduce or eliminate surface water discharge from the wastewater treatment plants, avoiding regulatory issues associated with these discharges. On August 8, 2002, the City Council approved the first phase of the ASR project, which was a work order to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, Florida in the amount of $150,000 (of which a total of $100,000 was reimbursable) to prepare an ASR feasibility study. The specific purpose of the ASR feasibility study was to evaluate the potential for ASR systems in Clearwater and Largo areas for seasonal storage of reclaimed water and review potential pipe routes to Pasco County. The study also reviewed potential impacts to other legal water users including any potential impact on Clearwater’s public water supply. This ASR feasibility study determined that ASR systems are possible, but further exploration and data collection are needed to more fully evaluate ASR’s potential. Pasco County has not yet partnered with the District and the City in this project as the pipeline phase of the project is on hold until mid-2006 due to the refinement of the project scope which will require assessment of participants, flows and associated costs. The City of Largo has decided not to participate in the reclaimed water ASR component but still anticipates participation in the pipeline phase. At this point, City staff is pursuing this project strictly as an effort to balance seasonal reclaimed water availability for the future. Regional partnerships concerning excess wet weather flows are a subject for future discussions. On October 7, 2004, the City Council approved the second phase of the ASR project which was a work order to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, Florida in the amount of $56,413 (of which a total of $28,206.50 was reimbursable) to perform the regulatory permitting, final design, technical specifications, bidding, construction services, hydrogeologic testing and reporting of an ASR exploratory well at the Northeast WWTP. This phase established the actual geologic profile to better determine the suitability for potential ASR development. Sufficient budget and funding is available in the Reclaimed Water Capital Improvement Program project, 0315-96739, for the requested amount of $214,478. Funding for additional phases are subject to continued Council authorization and the results from this test well. The next phase will involve construction of an ASR well and associated monitoring wells to determine the actual feasibility of ASR technology. Reclaimed water will be stored and removed to determine ASR efficiencies. Work will commence upon award and execution of the Work Order, and will be completed within 120 days. In response to a question, Tom Farkas of PBS&J, said the FDEP (Florida Department of Environmental Protection) issued a permit for the third phase. The FDEP requires an exploratory well be drilled to determine conditions before a larger test well is built. He said there was a public meeting on this issue a couple months ago and no comments were received. Official Rec and Legislative Svc Approve the Mayor's reappointment of Robert Aude to the Clearwater Housing Authority with the term expiring on September 30, 2009. Robert Aude is eligible and interested in reappointment. Consensus was to reappoint Mr. Aude. Appoint one member to the Parks and Recreation Board with the term expiring on October 31, 2009. James Appelt is eligible and interested in reappointment. Attendance problems have been resolved. Consensus was to reappoint Mr. Appelt. Appoint two members to the Municipal Code Enforcement Board with the term expiring on October 31, 2008. Mr. Keyes is eligible and interested in reappointment. Sheila Cole is not eligible due to term limits. Consensus was to reappoint Mr. Keyes and to discuss the second appointment Thursday night. Review Council Rules of Procedure and Policies. City Council annually reviews its Rules of Procedures and Policies. Discussion ensued and changes recommended related to distribution of Council email; annexation welcome letters, adopt-a-median program, and minor word and numbering changes. A question was raised regarding right-of-way for construction staging and staff is to provide Council with information on how approval of staging areas occur. Consensus was to make the recommended changes. Approve the 2006 State Legislative Package. Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison works closely with City management staff, the City’s lobbying team in Tallahassee, and state legislative delegates representing Clearwater districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues and funding requests into the various bills before the legislature in their respective houses. The 2006 State Legislative Package includes such issues as: funding requests for the Emergency Operations Center, intersection improvements along Ft. Harrison, and the Clearwater East-West Trail; supporting legislation beneficial to municipalities and opposing those that reduce home rule powers or impose unfunded mandates. The City will also support the Florida League of Cities in pursuing its legislative priorities. Appropriations The City will seek funding through grants and other sources to assist in implementing projects and providing services to meet the needs to our citizens and improve their quality of life. This will include projects such as: Emergency Operations Center - $4.0 million Construction of a new EOC as part of a public safety complex that will be connected to the County 911 System and serve as an operations and coordination center in a local or regional disaster. Transportation Projects Ft Harrison/Pinellas - $522,828, improve intersection to increase capacity and improve major evacuation route. Ft Harrison/Jeffords - $1,045,656, improve intersection to increase capacity and improve major evacuation route. Ft Harrison/Pierce - $1,045,656, improve intersection to increase capacity and improve major evacuation route. Clearwater East-West Trail (Long Center to Coachman Ridge Park) - $200,000 Grant support for FRDAP application. This segment of the Clearwater East-West Trail is part of a comprehensive recreational trail that will connect Tampa Bay to Clearwater Beach. Proposed Legislation We request legislation be proposed that will: Provide a seat for the municipality from which the largest percentage of tourist tax dollars are generated on the Tourist Development Council. Fund Brownfields Cleanup Programs. Allow Enterprise Zones to continue in areas that are designated Brownfields and meet the 20% poverty census tract. Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: Alternatives to public hearing advertisements other than newspapers. Maintaining current funding levels and resources for QTI and SHIP programs. Grant funding for geriatric and transportation programs and services. Preserving resources to assist local communities with business enterprises in distressed areas through the Florida Enterprise Zone Act. Maintaining or increasing funding levels for FRDAP and the Land and Water Conservation Fund. Expanding exemptions to public records law for claim files. Remove the ability for PIP insurers to subrogate against worker’s compensation. Full Funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. Return a portion of DUI fines to municipalities. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: Unfunded mandates. Increased regulation of, or restriction on, municipal operations. Special benefits for a certain category of employees (i.e., workers compensation expansion for police and fire). Destabilizing of Tampa Bay Water. Erosion of Community Redevelopment Agency authority. City Clerk Cyndie Goudeau reviewed the City’s 2005 Legislative priorities Discussion ensued in regard to intersection improvements and Public Works Administrator Mashid Arasteh said staff is looking at the Court and Chestnut intersections which are adding to the traffic backups. In response to a question, she indicated most of the right-of-way for intersection improvement projects is already there. In response to a question, it was indicated the construction of a new EOC as part of a public safety complex that will be connected to the County 911 System relates to communications not physical connections. The definition of the term “State Warning Point” was requested. It was suggested that it be clearly articulated the segment of the Clearwater East/West Trail (Long Center to Coachman Ridge Park) that will tie into the Progress Energy Trail will be part of a comprehensive recreational trail system that will connect Tampa Bay to Clearwater Beach. In response to a question, Finance Director Margie Simmons will research and report on the logic behind expanding exemption of public records for claim files. In response to a question, Ms. Goudeau said the City has always supported red light enforcement cameras and this issue is part of the Florida League of Cities package. She noted the legislature previously was not enthusiastic about doubling fines for speeding in areas frequented by children. Discussion ensued and Ms. Goudeau said not all issues supported and/or opposed by Council are listed. It was indicated when issues come up, they can be addressed with Council at that time. Concern was expressed regarding potential conflicts for the lobbyist and it was indicated the City has the option to hire another lobbyist when conflicts occur. Discussion ensued regarding the City’s lobbyist and previous conflicts of interest. Council Discussion Items Trimming Mangroves on Memorial Causeway In response to a question, Ms. Arasteh said the County indicated that FDEP (Florida Department of Environmental Protection) would allow the City to apply for permits to trim mangroves and reviewed trimming limitations. Trimming costs depend on the final design and desired view corridors. The initial trimming is estimated to cost between $225,000 and $450,000, with annual maintenance at $75,000 to $120,000. While the intent of the City’s Comprehensive Plan is to preserve the mangroves as much as possible, the plan does not preclude trimming. Previously, adjacent island residents have opposed trimming the mangroves, as they provide a noise buffer. The comprehensive plan also states that the City shall continue to protect coastal wetlands and wildlife habitat. It was suggested that removing exotics, including seagrapes and vines, especially on the south side of the Memorial Causeway, could open view corridors. Discussion ensured in regard to thinning out the mangroves in some areas. Consensus was to discuss this issue further on Thursday. 1906 Committee Councilmember Jonson indicated his desire to serve on this committee. Consensus was to add this appointment to Thursday night’s agenda. Other Council Action Councilmember Jonson requested the following items be added to Thursday night’s agenda: 1) Community Development Code use of "adjacent," "abutting" and "immediate vicinity" and 2) Community Development Board’s termination of nonconformity. Adjourn The meeting adjourned at 12:09 p.m.