07/18/1988 CITY COMMISSION WORK SESSION
July 18, 1988
The City Commission of the City of Clearwater met at City Hall, Monday, July 18, 1988, at 9:05 A.M., with the following members present:
Rita Garvey Mayor-Commissioner
James Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner (arrived 9:11 A.M.)
William Nunamaker Commissioner
Also present:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
Cynthia Goudeau City Clerk
The July, 1988 Employee of the Month Award was presented to Alex Battle, Water Division of the Utilities Department.
Report by Kisinger Campo Regarding Status of Clearwater Pass Bridge.
Jack Campo of Kisinger-Campo and Associates stated the condition of the Bridge is fragile and dynamic. At one point it seemed that the scouring jeopardizing the pilings had accelerated;
however, at this time it has stabilized. Concerns regarding vibrations on the Bridge are of main importance and a suggestion has been made that traffic be limited to passenger cars,
pick-up trucks and vans in order to assure that the temporary repairs will last 3 to 5 years.
Discussion ensued regarding various alternatives to ensure the safety of the Bridge. Concerns were expressed that the recommendation regarding limiting commercial traffic was based
on extending the life of the repair rather than safety. Mr. Campo stated his main concerns were safety factors.
In response to questions, Mr. Campo indicated anything that would reduce the flow of the current, including the opening of Dunedin Pass, would assist. More frequent dives to inspect
the pilings would reduce the chance of radical changes being unnoticed. Mr. Campo also stated one area that would help a great deal would be strict enforcement of the 15-mile per hour
speed limit. He also stated, while traffic on the Bridge creates vibrations, the main problem for the Bridge is the shifting bay bottom.
In response to a question, he indicated the addition of more crutch bents would also alleviate the problem. However, he is trying not to do this repair if at all possible. It was
the consensus of the Commission for staff to continue to work with Kisinger-Campo regarding alternatives for the existing bridge, that the 15-mile per hour speed limit be enforced and
that other preventive measures be considered.
Concerns were raised regarding the opening of Dunedin Pass, and it was stated that the City needs to involve additional people in the process. A suggestion was made that the legislative
delegation be involved and that authorities higher than the Department of Natural Resources (DNR) be contacted. It was stated that, while the County is the lead agency in this project
and they are answering DNR's concerns, they do not address the impact on Clearwater Pass Bridge. It was the consensus for staff to work on involving other people and to add a resolution
at Thursday night's meeting, if necessary.
Legislative Update - Jim Massie.
Jim Massie, the City's lobbyist with the state legislature, stated that the legislative session began slowly. He reported that a bill regarding the Pinellas Planning Council was passed
and addressed most of the concerns of those involved. He reviewed the provisions of the bill. He stated that the solid waste management bill that was passed was not a particularly
good bill, and as the major provisions of the bill do not go into effect until July 1989, it will provide time for amendments to the bill in the next legislative session. He stated
decisions are to be made regarding whether or not the separation for recycling purposes would be done at a central location or at curbside. This will be the County's decision. He reported
that local governments would be authorized to set fees to offset the recycling, but they must identify all of those costs. He reported the Florida League of Cities' bill regarding state
mandates did not pass.
House Bill 506 prohibiting municipalities from holding property owners responsible for tenants' delinquent bills passed and will be effective October 1, 1988. He stated the bottom
line is that the City will have to require higher deposits for its utility services.
A state legislation that may impact the City next year increased benefits to firefighters and police officers from 2 percent to 3 percent. As of now, this only applies to those that
are participating in the state retirement plan; however, the usual course of events impacts the municipalities that do not participate in the Florida state retirement system the following
year.
Legislation was adopted that provided contracts with private solid waste collection companies will continue for five years after annexation. An amendment that AT&T desired allows a
maximum franchise fee for right-of-way rights to $500. A question was raised regarding whether or not the City charged for this type of right-of-way access, and it was requested that
staff investigate.
He reported that amnesty days were reinstated; a bill prohibiting open alcoholic beverage containers in vehicles passed and that there is now a mandatory insurance bill that requiring
building permits include a 1 cent per square foot charge. At least part of the monies going to local police departments to assist in enforcement.
A report was given regarding an appellate court decision that ruled there was no inherent conflict of interest for City officials to serve as Board of Trustees for pension funds.
A question was raised regarding what legislation should be proposed for next year. The area of concern regards annexation, and it was requested legislation be proposed that would require
annexation when City services are provided. The City Manager recommended a predrafting of the legislation to be discussed with the Commission prior to the beginning of the next legislative
session.
The meeting recessed from 10:42 A.M. to 10:49 A.M.
Sublease of Office Space and Deck Area at the Garage Annex formerly Ken Marks Ford with Patrick Marzouca Enterprises, Inc., d/b/a Clearwater Car Rentals.
The last sublease renewal was approved by the City Commission in August 1987. The City presently leases the Ken Marks Ford property from Lee Arnold & Associates. The City does not
use all the available office space and none of the deck area. Staff has recommended that a portion of the space and deck area be subleased to Clearwater Car Rentals. The income from
the sublease is $806.46 monthly and will help defray the rental expense on the property. The sublease is being extended for 19 months to coincide with the City's lease expiration on
the property.
In response to a question, it was indicated that this is approximately 10 percent of the total cost to the City for this rental property and they use around 10 percent of the property.
Water Line Relocation - Dick LaPierre, St. Petersburg, FL - $47,630.
The various water main relocation and replacement work being done by contractors and City forces require a plumber to install new services when the main is to be relocated from the
rear yard to the front of the house. Work approved by this purchase order will provide a retainer for this replacement service for a period not to exceed one year.
A question was raised regarding whether or not this was a special project or a portion of the ongoing water replacement program.
1988 Sidewalk Replacement Contract (88-12) - Aubrey T. Moorefield Paving Contractors, Inc., Largo, FL - $212,695.
This contract is to install new sidewalks on school routes and City property as well as to repair and replace existing sidewalks that need maintenance attention. The sidewalk segment
to be installed under this contract is on the north side of the Causeway to Island Estates from the drawbridge. A fund transfer from the Streets Surfacing Project will be necessary
to fund the Memorial Causeway sidewalk. A third quarter budget amendment will establish this project with funds to be provided by transfers from various projects.
A question was raised regarding whether or not the monies to be used for this project are coming from left over monies from completed projects or if there are projects that are being
delayed or reduced due to this contract.
Ridge Avenue and Palmetto Street Storm Improvements (88-4) - Paul Giuliani Company, Inc., Largo, FL - $29,501.25.
The Drainage Improvement Project will include the installation of approximately 475 feet of 15-inch reinforced concrete storm pipe. This storm sewer system was designed to relieve
flooding conditions affecting private and
public property located on both sides of Ridge Avenue north of Palmetto Street. This project is the result of a citizen's complaint.
A question was raised regarding whether or not this project would include both City and County properties.
Recycling and Yard Waste Composting Feasibility Study - Ron Albrecht Associates, Inc., Annapolis, MD.
Clearwater was awarded a grant from the State of Florida in the amount of $19,803. The City will provide matching funds of $5,000 to conduct a recycling and yard waste composting feasibility
study. Eighteen to twenty percent of the municipal waste stream consists of yard waste. An additional fifteen percent of solid waste consists of recyclables such as newspapers, cardboard,
plastics, glass, aluminum metal cans. Most of these materials are currently taken to the county resource recovery plant where they are burned. Data produced from the proposed study
will provide recommended methods for composting thereby allowing for a more economically and environmentally acceptable method of disposal of organic material. The study will also provide
answers and options to the Sanitation Division for meeting the requirements of state legislation requiring at least thirty percent of municipal solid waste be reduced prior to final
disposal through recycling and composting by the year 1994. The grant provides for a one year time frame for the study with a one year extension if needed. The third quarter budget
review will include an amendment to establish this special program project by transferring $5,000 from the operating budget.
In response to a question, the Utilities Director stated that the recommendations from the study should include ways to accelerate decomposition of the yard waste. Mr. Henderson commended
Wayman Pearson, Sanitation Superintendent, for his efforts in obtaining the grant. He also stated there is $25,000 in next year's budget to start any programs recommended by the study.
Discussion Regarding Water Treatment Alternatives and Water Rates, Second Reading, Ordinance 4613-88 - Amending Sec. 50.05(e)(1) to increase water rates.
The City Manager indicated that questions had been raised at the previous Commission meeting regarding the proposal for moving toward reverse osmosis treatment of the water and the
accompanying water rate increases. One question raised was whether a pilot plant had to be initiated to do the testing required or whether the testing could be done in a laboratory.
J. R. Sloan of Briley Wild & Associates indicated that it was very difficult to determine the actual results in a laboratory situation.
Concerns were expressed that treatment of the water would be a nice thing to do; however, it was questioned whether or not it was necessary for the health of the citizens. Mr. Sloan
stated that, while it is not absolutely necessary from a health standpoint, the water is of poor quality and is costing citizens in other ways such as electricity needed for water heating,
amount of soap that must be used, etc. He stated an analysis has been done and that it is anticipated that $6 million a year in electricity savings will result to the citizens of Clearwater.
Further discussion ensued regarding whether the City should continue to produce its own water and whether the City's cost of water production would eventually equal or exceed that of
the county. It was indicated that the county has stated it is in their plans to provide all water needed by Clearwater. A request was made that more information be provided regarding
the county's plans for its water system.
The Utilities Director indicated that a rate increase is needed for the status quo operation of the water system; however, the Commission has been asked to consider the future of the
water system and consultants have recommended consideration of water treatment. It was requested that amendments to Ordinance No. 4613-88 be available should the Commission decide to
implement Scenario 1 (status quo rates) rather than the recommended Scenario 4 rates.
Renewal of Health Insurance Coverage - Contract extension and premium increase, Gulf Life/American General; amendment to FY operating budget 1988 to provide for payment.
Upon discovering that Gulf Life American General, the City's provider for major medical insurance to its employees, would be raising its rates 57.5 percent as of August 1st. Staff
recommended the Commission approve a contract with Siver Insurance Management Consultants to study the City's health insurance program and to make recommendations regarding system design
and cost stabilization. It is anticipated that changes to the system would be effective February 1, 1989.
Under the proposed rate increase from Gulf Life, the employees' cost for dependent coverage would increase $85.68 per payday. Since employees having dependent coverage under Gulf Life
have no option to avoid this increase by enrolling in an alternative plan at this time, it is recommended that the Commission suspend the pass-through policy for the August 1 through
January 31, 1989 period only. This increased cost to the City is estimated to be $12,000 per month resulting in a $24,000 impact on the current budget and a $48,000 impact in fiscal
1989. The higher cost will be passed along to the 74 retired employees having dependent coverage. The cost for the City to absorb this additional premium would be approximately $5,000
per month. The third quarter budget review will include an amendment to provide for this expenditure increase to be funded by savings in other expenditure codes or the use of surplus
funds if required.
The City Manager emphasized, due to the large amount of increase for the dependent coverage, the economic impact on employees will be great. He handed out material which indicated that
an employee making $15,000 a year would receive less in their paycheck even after the October 1, 5 percent pay increase.
In response to a question, Betty Deptula, Budget Director, indicated that the total cost to the City for picking up the dependent coverage portion of the increase would be $72,000.
A suggestion was made that the City pick up a percentage of the increase instead of the full amount.
Preliminary Site Plan for First Christian Church (Addition) located on the S side of Drew Street approximately 110 feet W of Maywood Avenue (First Christian Church of Clearwater, Inc.)
PSP 88-34. Legal description: M&B 22.01, Sec. 18-29-16.
There is an existing church development on the property. Most of the church development including the structures is located on the parcel of land in the City with some church parking
on a portion in the unincorporated area of Pinellas County. The church is proposing to construct a "Family Life Center" structure at the southwest corner of the existing structure on
the easterly parcel. There is no proposed change in the three existing driveways to Drew Street.
Questions were raised regarding whether or not the City could require annexation of the County portions of the properties, and it was recommended this be added as a condition. It was
also suggested that staff work with the
church to see if the parking lot for the church could be connected to the City library parking lot.
Rental Rehabilitation Loan Program - Modification to provide targeting for certain Census Tracts and forgiveness of 50% of the original loan.
The Rental Rehabilitation Loan Program provides a partial loan at 0% interest for the rehabilitation of rental housing available to low and moderate income families and individuals.
The City's loan is blended with a private sector loan or with other resources of the property owner to complete the loan package.
The current program provides for these loans in Census Tracts 258, 259.01, 259.02, 261, 262, and 263. It is recommended that all rather than part of these Census Tracts, be served
plus all of Tracts 264 and 265. The current program provides for loans up to 40%, 45%, and 50% depending on location and project features. It is recommended that the program offer
a uniform loan participation of up to 50% of the total loan amount. The current program also provides that the loans be repaid. It is now being recommended that the loans be forgiven
at 5% per year over each year the property owner follows all terms and conditions of the loan up to 10 years resulting in a 50% forgiveness of the loan. These changes are needed to
offer a program that is similar in attractiveness with the programs being offered by Pinellas County, St. Petersburg, and Tampa. We have been able to close only two rental loans since
August 1987. Pinellas County, St. Petersburg, and Tampa have been more successful; however, their programs have followed the nationally recommended models which stress self reducing
loans.
As a result of monitoring by the U.S. Department of Housing and Urban Development, HUD has recommended that the City modify "existing RRP funding policies, administrative procedures,
and area designations to make them more attractive to rental property owners." HUD has reassigned $21,147 in 1985 funds and $90,000 in 1986 funds due to underutilization in Clearwater.
Joseph McFate, Planning & Urban Development Director, indicated that the 50% reduction would be provided only if they meet all other requirements of the loan.
In response to a suggestion to add Tract 268.03, Mr. McFate indicated it had been considered; however, there is little rental property in that Census Tract.
Proposed Resolution Regarding Community Redevelopment Agency Advisory Committee.
Concerns were expressed that a Board made up of five (5) downtown property owners and/or business people and only two (2) outside representatives would not be a proper balance on the
Board. It was recommended that the Board be nine (9) members; five (5) in the downtown area; and four (4) from other parts of Clearwater.
It was also requested that there be an addition to the duties and functions of the Board, that they act as ambassadors for downtown development, being available for meetings and/or
trips to talk with perspective developers. A question was raised regarding reimbursement for trips, and it was indicated that prior CRA approval would be needed.
Discussion ensued regarding whether or not the Committee should address only the downtown area and it was stated that, due to this being for the CRA, they would have to limit themselves
to the downtown area. A question was also raised regarding whether or not a State Financial Disclosure Statement should
be required, and it was consensus that this requirement be removed from the resolution.
The City Attorney will amend the resolution and bring it back at a future date.
Downtown Development Board (DDB) Staff Transition with City.
It was indicated that some concern has been expressed regarding staff assistance to the DDB should their decision be to close their office. Mr. Carpenter, Executive Director of the
the Downtown Development Board, stated
that the first public meeting in August will be for setting the budget and there must be designation of how the monies produced from the 1 mil will be used.
The City Manager indicated that he did not anticipate a great deal of City staff support; however, some would be available. General feeling of the Commission was that the decision
regarding the use of City staff for the DDB would be up to the City Manager.
Ordinance 4647-88, Election Code Revisions - amending Chapters 30 through 35, relating to absentee ballots, candidates, write-in candidates, election boards, disclosure rquirements and
other requirements, procedures, penalties, and related matters; repealing Sections 32.01 through 32.06, 32.08 through 32.11, 32.13, 32.14, 34.03, 34.09 and 34.10 relating to certain
campaign practices which are either prohibited or regulated by FLorida Law, including consideration for resignation, consideration by candidate to secure nomination or election, consideration
to communication media, consideration to other candidates, consideration given for unlawful purposes, contributions to be reduced to monetary value for reports, services of municipal
officers and employees during working hours, influence of voting by municipal employees or officials, false and malicious charges, qualified political advertising and literature, statements
by candidates near election day, soliciting near polling places, types of electronic voting systems authorized, persons allowed in polling places, and inoperative electronic voting system
units.
The City Attorney reported a question has been raised regarding requiring the precinct number on the petition card. Consensus of the Commission was that an amendment be drawn up to
eliminate this requirement.
Proposed Agreement with Safety Harbor for Utilization of the Northeast Water Pollution Control Plant.
An agreement has been drawn up which addresses the joint use of the Northeast Water Pollution Control Plant by the cities of Clearwater and Safety Harbor. Safety Harbor will pay for
their portion of the capacity at this plant.
In response to a question, the City Attorney reported that paragraph 19 of the Agreement is clearly stating that, regardless of annexations on either side of McMullen Booth Road, the
City of Clearwater will be responsible for providing sewage treatment to those on the west side of the road and Safety Harbor for those on the east side.
Temporary Sewer Service Agreement with Countryside Christian Center.
The City Attorney stated the Countryside Christian Center is in need of this agreement as the Center's current treatment facility will be taken by the County along with land for right-of-way.
He stated, although the courts have ruled in the City's favor regarding the Center needing to annex in order to receive sewer service from the City, they are appealing that decision
and need this service in the interim.
He stated he will be adding to the agenda authorization for a small claims action against Thomas P. Foley, the driver of a motor vehicle which caused damage to a City vehicle. Mr.
Foley has stated he can afford to pay $10 per month for the damages; however, the total damage is for $2,592.00 and would take 21.6 years to pay under this arrangement.
The City Attorney is also adding to Thursday night's agenda a request for authorization to accept $46,825.15 in payment of amounts due for municipal taxes on telecommunications from
North American Telephone, Inc.
Request for Authorization to File Offer of Judgment - Moran vs. City, $30,000 (changed to $40,000)
The City Attorney's office is requesting permission to file an Offer of Judgment in this case having to do with injuries resulting from a trip and fall on a City sidewalk. He has recommended
that the Offer of Judgment be $35,000. Commission questioned circumstances of the case and the City Attorney is to provide more information.
Verbal Reports.
The City Manager reported the Phillies are requesting City official participation in an exhibition ballgame between the City of Clearwater and the City of Largo scheduled for August
1st. Commission members interested in participating are to contact the City Manager's office.
The City Manager reported he is anticipating taking some time off July 29th through August 2nd; however, if the report regarding the Clearwater Pass Bridge is ready for discussion at
the August 1st Work Session, he will change his plans. He reported there is a conflict between the Florida League of Cities Convention and Jazz Holiday in October. He stated, if the
Commission wished to change their travel plans, they should let his office know.
Mayor Garvey questioned whether or not there should be additional meetings regarding the budget prior to the public input meeting. Commission did not feel this was necessary.
Other Commission Action.
The Mayor reported she received a letter from the Chi Chi Rodriquez Youth Foundation stating that they had not indicated objection to the connector road as was stated in a letter from
a group opposing the road.
She expressed concerns regarding an article that states individuals under 21 years of age are being allowed in nightclubs and wondered if there was any action the City could take.
The City Attorney indicated an administrative ruling has been issued regarding this subject and he will forward information to the Commission.
Commissioner Nunamaker questioned whether or not any of the Commissioners would be able to attend a discussion Friday, July 22nd, from 10:00 A.M. to 12:00 P.M., lunch provided. The
discussion is regarding developments of regional impact. Commissioner Berfield is to get back with Commissioner Nunamaker.
The meeting adjourned at 1:05 P.M.