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04/16/1990 CITY COMMISSION WORK SESSION April 16, 1990 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:07 a.m. One service pin was awarded to a City employee. The following items were discussed: Local Area Network for D.I.S. Training Center - Purchase of Unisys and other computer hardware from Whitman Computer Systems, St. Petersburg, FL for $26,974.00 and authorize five year lease/purchase through AT&T Credit Corp.; and purchase associated software from Southern Data, Inc., Clearwater, FL for $6,060.00. (AS) There are currently 280 personal computers, 180 terminals and 225 laptop computers in the City of Clearwater. The Department of Administrative Services Data Information Services Division is responsible for training City staff to use these computers and terminals. The requested hardware and software will provide DIS with a training network and will be used to conduct classes for City computer users, for applicant testing by Personnel and for demonstrations of computer hardware and software products. Classes will be developed to teach word processing, office automation, spreadsheet applications, database handling and keyboard skills. The computers will be compatible with whatever Utility Billing/Customer Service system the City may select and, with the purchase of additional hardware and software, can be used to provide training for all City-wide systems such as the Financial System or Purchasing System. The Mid-Year Budget Review will include an adjustment to the Capital Improvement Program to establish this project and will amend the Computerization Long Range Plan. Questions were raised regarding whether or not this was budgeted, and the City Manager indicated that as the Administrative Services Director has initialed the item it does mean the monies are available; however, it will require a mid-year budget transfer from one fund to another. A question was raised regarding whether or not it would be more cost effective to just lease the equipment rather than lease/purchasing. Assistant City Manager Kathy Rice indicated that, because of the leasing arrangements, it is less expensive for the City to purchase the equipment because we provide our own maintenance, etc. It was also indicated that leasing through a private company would result in a higher interest payment than the interest we pay for lease/purchases. Owning our own equipment was a determining factor in establishing our maintenance depot. Purchase of 7 Side Loading and 3 Rear Loading Sanitation Units from Crane Carrier Corp., Tulsa, OK for $887,698.00 (GS) The City Manager indicated this item is being pulled from the agenda as a bid protest has been lodged. A question was raised regarding what is meant by alternates, and the City Manager responded that the bidder is saying they have an item that is as good if not better than specifications. Staff does investigate alternate bids to see if they are acceptable. Annual Contract for an estimated 42 tons of sulfur dioxide to Jones Chemical Inc., Clearwater, FL for $17,934.00 (PW) The Water Pollution Control Division has been mandated to provide de-chlorination to the treated effluent of all of its wastewater treatment plants. We are presently de-chlorinating using sodium bisulfate, however, the new plants are being equipped to use sulfur dioxide which is a more cost effective product. The new chlorination/de-chlorination process at the Marshall St. Plant is scheduled to be put on line this May, therefore, it is necessary to obtain this new chemical now. A request was made for comparison of the operating costs of the various chemicals. Installation of Sanitary Sewer Mains and Appurtenances at Oakbrook Plaza on McMullen-Booth Rd. - Authorize payment of $10,955.00 to the Andros Corp. The Andros Corp. is developing the Oakbrook Shopping Plaza on the SW corner of McMullen-Booth and Enterprise Rds. in the City of Safety Harbor with retail sanitary sewer and water service being provided by the City. The development of this site requires the Andros Corp. to construct an on-site sanitary sewer collection system to serve the project. The City needed to make provision for future sanitary sewer service to the presently undeveloped property between Oakbrook Plaza and the Shady Oak Farm subdivision to the south. The most cost efficient and cost effective way to provide for this future service was for the City to accept a portion of the proposed sanitary system in the Oakbrook Plaza and make a small extension of this system to the southerly boundary of the plaza. This alternative is much cheaper than installing a separate system in the right-of-way of McMullen-Booth Rd. The City requested the Andros Corp. provide for the design of this extension and include the work in their proposal for bids for general site improvements. By working jointly with the Andros Corp., the cost of this extension to serve the undeveloped property has been greatly reduced and the new sanitary sewer is not in conflict with the future widening of McMullen-Booth Road. The Engineering Division has examined the sanitary sewer extension, measured the actual quantities in the field, and found this cost to be fair and reasonable. The costs of force main connection, administration and a portion of the survey and engineering costs totaling $3,435.50 contained in the invoice from Andros Corp. have been disallowed with the agreement of the corporation. Bill Baker, Public Works Director, explained this project and stated we are essentially paying for two manholes, a half of a third manhole and one half of the engineering fees. A concern was expressed regarding the financial problems of the development, and it was indicated this would not affect the City of Clearwater. Purchase of various sizes of backflow prevention devices for the Public Works Department/ Infrastructure Group- Water Division for the period from 4/19/90 through 9/25/90 from Hughes Supply, Inc., Clearwater for a total estimated cost of $42,292.72 Ordinance No. 4955-90 authorizes the Water Division to install and maintain required backflow prevention devices at selective water service connections e.g. funeral homes, medical facilities, exterminators, etc.. This will protect the City water distribution system from possible backflow or back siphonage originating within the customer's premises. Installation fees for required devices are paid by customers when they apply for initial water service or when remodeling warrants the need for a backflow preventer. Clearwater has the opportunity to purchase backflow prevention devices under Pinellas County's contract with Hughes Supply, Inc. Telephone quotes from three additional vendors confirm the County contract as economically advantageous. The devices will be purchased as needed during the contract period and installed at various locations throughout the water distribution system. Concerns were expressed regarding possible safety hazards and the unsightliness of these types of devices being installed in residential neighborhoods. Bill Baker, Public Works Director, stated the new ordinance calls for these devices to be installed on meters 1-1/2" or larger. He stated the Building Official has now made a determination that the device is needed for every lawn meter and the language in the ordinance does allow for this judgement. Discussion ensued regarding alternatives, including not requiring them for single family residences and placing them in different locations other than in the right-of-way between the road and sidewalk. A question was also raised whether or not an anti-siphon device would suffice. It was indicated a decision regarding this would not affect this item as these backflow prevention devices are for the larger users. Staff was directed to study this matter and consider alternatives. Purchase of One Container Trailer and One Container Handler for the Public Works/Utilities/Sanitation Division The Sanitation Division has established five drop-off centers as part of their Recycling Program. There are plans to open five additional centers in the near future. The method of servicing the existing drop-off centers is very labor intensive and takes a great deal of time. The acquisition of this equipment will enable the Sanitation Division to mechanize collection of their drop-off centers. It was requested this item be removed from the consent agenda and be placed on the regular agenda in order to inform the public regarding recycling. In response to a question regarding the labor intensity of the drop-off centers, it was indicated that recyclable materials have to be sorted and this will allow the picking up of several containers at one time rather than picking up one container at a time. In response to a question regarding whether or not the City would provide an organization with containers and pick-up, it was indicated we would want to recoup some of the cost for that; however, the City could look into agreements with private organizations. In response to a question regarding whether or not there is an aluminum can crusher on the beach, it was indicated staff was not certain. Contract for Stevenson's Creek - Phase I to S & E Contractors, Inc., Clearwater for $1,199,685.00 This contract is the first phase of a four phase project to improve the hydraulic efficiency and reduce flood water levels during major storm events in Stevenson's Creek from Betty Lane to Belleair Road. The project includes features to include maintenance of the creek, maintain water quality and enhance the environment. The project will be scheduled to begin in May and the contract time is 240 calendar days with completion being projected around January of 1991. Acquisition of easements along the creekbed was started early in 1989 and will be continuing as work progresses upstream. Bill Baker, Public Works Director, reviewed the plans for the entire four phase project. He explained the various alternatives that staff considered prior to making its choice of the current project. In response to a question it was indicated that, under the current proposal, 38% of the creek would be hardlined. It was indicated that several hundred feet of the creek are already hardlined and there are various pipes and culverts along the way. A question was raised regarding whether or not the City was considering purchasing the Shooter Shack property, and it was indicated this was being considered. It was stated the alternative of choice was picked due to it alleviating flood problems, not requiring massive condemnation of privately owned property and also providing environmental features. It was indicated the major controversy of the project is the hardlining of the channel. A question was raised regarding whether or not there could be some combination of the alternatives that provided the same result in alleviation of flooding but lessen the amount of hardlining to be done. Questions were also raised regarding whether or not the projects could be done any faster and whether or not it was possible to address some of the restrictions at bridges before each phase was actually in progress. Staff reminded the Commission that if work was done upstream that allowed water to move through faster, it would cause problems downstream if the restrictions were not alleviated there. Bill Baker, Public Works Director, also emphasized the alternative of choice allows some relief to the two major tributaries along Stevenson's Creek in that it actually lowers the level of the water which will allow the tributaries to drain more efficiently. In response to questions regarding the time frames, it was indicated Phase I would take approximately eight months, and that during that time staff would be requesting approval to continue with design of the next three phases. It was also emphasized that each phase, although it would not provide the flood alleviation of the entire project, would result in diminished flood potential. The Public Works Director indicated we have the permit for Phase I which was issued by DER (Dept. of Environmental Regulation). He stated SWFWMD (Southwest Florida Water Management District) approves of the project and is actually assisting in funding of the project. Therefore, SWFWMD has removed themselves from the permitting process and DER has issued the necessary permits that would have been issued by SWFWMD. The entire project has been evaluated and although we do not have the permits for the additional phases, while it is possible, it is unlikely that permits for those phases would be denied. The Public Works Director indicated there may be requests for additional environmental mitigation. The Public Works Director introduced Kevin Reusch, consultant hired by the City to evaluate the environmental concerns regarding Stevenson's Creek. Mr. Reusch indicated he is a certified environmentalist and that he has looked at the issues. He stated the existing habitat is not quality habitat. There is less than five acres of wetlands habitat and it is not enough to provide water quality enhancement. He stated there are benefits from the proposal. There will be a catch basin to collect sediment with a trash barrier to collect floating debris, hardlining will slow down and alleviate erosion of the bank and there are environmental enhancements with the program. The Public Works Director indicated that City staff is willing to build environmental features in creeks throughout the City of Clearwater and they are willing to install adjacent wetlands. The project that has been chosen is one that is most cost effective and allowed the most benefits to the City of Clearwater. In response to a question regarding whether or not the siltation of the mouth of Stevenson's Creek would be dredged, the Public Works Director indicated this is not in the plans as that is a $10 million project. Commission Representation on Regional and Miscellaneous Boards Commissioner Berfield indicated she was interested in serving on the Pinellas Planning Council in place of former Commissioner Winner. The Mayor indicated she had conflicts in attending the meetings of the Performing Arts Center and Theater Board of Directors and questioned whether or not the Mayor was a requirement. The meeting recessed from 10:55 to 11:04 a.m. Proposed Agreement to Lease property at the Seminole Docks for the purpose of constructing a dry storage marina. Mike Wright, Assistant City Manager, indicated staff is requesting direction from the City Commission. He stated the proposal is for a 15 year lease with the improvements being paid for by the developer and reverting to the City at the end of the 15 years. He stated a DRI (Development of Regional Impact) will be required, dredge and fill permits as well as variances from the Land Development Code and a release of restrictions on the land will also be needed. Concerns were expressed that the Commission was not made aware of the restrictions on the land earlier. It was stated the conceptual design of the project was brought forward first rather than outlining the entire procedure. It was requested that information regarding the State grant be copied to the Commission. Mike Wright indicated the revenues proposed includes a minimum payment with additional payments based on revenue of the corporation. The plan will require incorporation of adjacent properties. It was questioned whether or not it had been verified that there will be additional parking as had been stated by the developers; and it was indicated the site plan indicates this. However, the site plan had not been reviewed in detail for accuracy. A concern was raised that the lease does not provide for options to the Commission should the project prove to be unsuccessful. It was requested that it allow request of demolition or other alternatives rather than the City having to take over the facility. It was also questioned whether or not there was a completion bond required in the lease, and it was indicated this could be added. Concerns were expressed regarding provision of "right of first refusal" that required the City to provide the operator the right of first refusal to develop and operate any other dry boat storage facility, other than the marina, authorized on City land during the term of this agreement. It was requested this be deleted from the lease. It was also requested the word Commission be placed behind the word City whenever it was meaning City Commission approval would be needed. Clearwater Beach Blue Ribbon Task Force At the February 12, 1990 work session, the Commission established the mission statement goals and issues of the Clearwater Beach Blue Ribbon Task Force. At the same time, the Commission determined this would be a 15 member board with five members being representatives of 1) Clearwater Beach Assoc,, 2) Clearwater Innkeeper's Assoc., 3) Chamber of Commerce, 4) Clearwater Beach (Resort) Motel Assoc. and 5) Clearwater Beach Merchants' Assoc. Due to the numerous indications of interest in serving on this board, the Commission requested the composition and membership of the task force be discussed further. One option that was presented to the Commission for consideration was to leave the structure of the board as is allowing the task force to establish sub-committees for specific topics. This option seemed to be preferred by the Commission. A question was raised regarding whether or not residency would be required, and it was indicated residency should be required for the ten members appointed by the Commission; however, residency should not be required for the five members appointed by the organizations nor would it be required for the members of the sub-committees. Resolution 90-10, Encouraging Permanent and Comprehensive Water Conservation efforts by all A concern was expressed regarding the use of the phrase "severe and mandatory water use restrictions." It was the consensus of the Commission to delete the words "and mandatory." Discussion ensued regarding enforcement and Tom Hackett, Water Division Supervisor, reviewed the process used whereby water meter readers issue warnings and, if an additional warning is issued, the violator is subject to a ticket which results in a fine. It was indicated we are trying to educate the public regarding the need to conserve water. Annexation - Merritt for property located on the E side of Coachman Plaza approx. 930' N of SR 590; M&B 33.03, Sec. 5-29-16 Jim Polatty, Planning and Development Director, indicated a letter has been sent to Fred Marquis, County Administrator, regarding the City's policy requiring individuals considering annexation into the City needing to develop their properties in accordance with City code. He stated the letter regarding sewer availability has been sent to the County for this property. Discussion ensued that, due to the letter having been sent, the next to the last paragraph on the cover memorandum is in error as it indicates no letter has been sent. Discussion also ensued regarding a precedent being set by taking action at City Commission meetings under Citizens to be Heard regarding Items not on the Agenda, as was done for this property at the meeting of April 5, 1990. The City Manager stated he felt that, unless there was a true hardship or an emergency, the Commission should not take action under Citizens to be Heard as they do not always have all the necessary information. Lease Agreement for a portion of the Curtis Fundamental Clearwater Comprehensive School Complex on east side of Holt Avenue from Pinellas County School Board for period from 5/1/90 through 4/30/91 The School Board of Pinellas County has offered to continue to lease property on the east side of Holt Ave. at the Curtis Fundamental Clearwater Comprehensive School complex to the City of Clearwater. The City in turn makes this property available to the emergency housing program of Religious Community Services. This program makes short-term emergency housing available to families and is a major element in the emergency shelter and food network in the community. The terms of this lease are the same as the previous one. It was indicated the cover memorandum is in error as it indicates the lease is for two years. The lease is for one year only. The item will be corrected. Review of the Code Enforcement System The creation of the Code Enforcement Section was mandated in this year's budget. The Code Enforcement Section was conceived to handle all code problems on private property that are not concerned with fire/police problems and new construction. Code Enforcement, therefore, includes the following codes: Land Development Code, Minimum Housing, Unsafe Housing, Nuisance/Sanitation and Occupational License. The combination and consolidation of all code inspectors was effectuated in this year's budget on October 1, 1989. This consolidation included two occupational license inspectors, two land development code inspectors, two sanitation inspectors and two minimum housing code inspectors. Due to a promotion of Minimum Housing Code Inspector Tom Chaplinsky, this reduced the number of code inspectors from eight to seven. Neil Letgers was promoted to Supervisor and increased the Code Enforcement Section size from seven to eight. Jim Polatty, Planning and Development Director, reviewed the new work group and indicated that changes are being proposed that will be brought to the Commission in ordinance form in the future. He stated the inspectors have been consolidated and will specialize in major ordinances such as minimum housing and land development code, being cross-trained on sanitation and occupational license code. He stated they have also set up inspection districts so the individual inspectors have a smaller territory to cover. He also reported on plans to automate the code enforcement procedures. He stated recent progress has been made in the division and staff is trying to be more pro-active regarding code enforcement. He stated each inspector now has a car. Code enforcement is an abatement program and automation will assist in this operation. He stated 80-85% of the violations are corrected at the courtesy letter level. Police assistance has been needed for public nuisance cases regarding dilapidated houses which are being used as "crack houses" and the Chief of Police has assisted in this regard. He stated high visibility of the code inspectors is being proposed by the use of bright orange stickers indicating that properties have been inspected and have been found in violation. They are also proposing the establishment of a neighborhood code watch program similar to neighborhood crime watch programs. A request was made that a status report be provided regarding the house numbering enforcement program. It was stated part of the frustration with code enforcement is the long period of time that is needed to meet due process requirements and present a case to the Code Enforcement Board. Mr. Polatty indicated they are proposing a ticketing ordinance which would allow an inspector to actually issue tickets which would be equivalent to a parking ticket. If the violator wishes to appeal that ticket they would have to appeal to the County court. He stated this would provide an additional tool for use by the inspectors and the Police Department. Discussion ensued regarding repeat violators, and it was stated this has been a major problem recently. However, changes are being proposed to address this. In response to a question regarding in what area the Commission is receiving the most complaints, it was stated they are the obvious ones such as abandoned cars, unsightly lots, etc. A suggestion was made that staff concentrate on enforcement of one code, such as the sign code, for a month to see and to track the results. The Planning Director also indicated they are proposing an awareness program to be carried out in conjunction with Sparkling Clearwater month and that they are proposing to put fliers in utility bills and possibly establish amnesty days. The City Attorney commented regarding the collection of liens and indicated a collection procedure needs to be established. Commission consensus was to authorize staff to pursue changes to the code and go forward with receipt and referral of the ticketing ordinances. The meeting recessed from 12:35 to 1:35 p.m. Verbal Reports Kathy Rice, Assistant City Manager, provided a Legislative update regarding the Governor's proposal to reduce the 1/2 cent sales tax trust fund. Consensus of the Commission was to include a resolution opposing this on Thursday night's agenda. A question was raised regarding Commission members being interested in attending Pinellahassee and Legislation Day and it was indicated they needed to notify staff of their interest. The City Manager requested consideration of cancellation of the July 5th City Commission meeting. Commission requested this be brought back when we had a better understanding of items that might possibly need to be considered at that time. This item came up at the end of the special work session which began immediately after this work session at which time the City Manager reported he had found that a special meeting will be needed on July 12th in order to set the millage rate. An item will be prepared for Thursday night's agenda to cancel the July 5th meeting and establish the July 12th special meeting. Any items that need to be addressed prior to July 19 could be added to the July 12 agenda. The City Manager reported the Personnel Department has instituted a program of including in the background check for potential employees a five year search regarding possible workmen's compensation claims. This will cost the City $1,321.00 a year. The City Manager reported on request from the Post Court Project which is requesting relief from significant increases in the water and sewer impact fees. It was stated that at the time they went to pick up their permits they owed an additional $90,000.00 for those two fees. Discussion ensued regarding at what point in the process the fees are due and how far along in the project this development was when the ordinance went into affect. The City Attorney obtained a copy of the ordinance and stated the ordinance requires payment of the fee at the time of the application for the building or plumbing permit. A question was raised regarding whether or not any of the impact fees had been paid at that time. The City Manager indicated amendments to the Gas RFP, which resulted from the special meeting of April 12th, had been mailed to the Commission on the 13th. He questioned whether or not there are any additional amendments to be made. The Mayor stated there was one redundant sentence which she provided to the City Manager. Otherwise, consensus was for the amendments to be sent to the potential responders. The Mayor questioned whether or not there was any additional information regarding the Phillies trip, and it was stated it has been scheduled for June 14-16, 1990. The meeting adjourned at 1:55 p.m.