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01/22/1991 CITY COMMISSION WORK SESSION January 22, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue 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 9:00 a.m. and the following items were discussed: James Harper of the Public Works Department was presented the Employee of the Month award. Financial Status of PACT, Inc. (WSO) Les Smout, Treasurer for PACT, Inc., stated a year ago October, Arthur Brennan resigned as Executive Director. Elissa Ghetto was made Acting Executive Director and on March 5, 1990 was made permanent Executive Director. Elissa Ghetto reported her goal is to run the Center on a fiscally sound basis. 1990 was the first time in four years that the Center has had a surplus. This was accomplished by maximizing revenue and making cost cutting operational changes. She stated for fiscal year 1991, programming goals for Act One have been met with expenses holding the line. This programming shows a surplus after 3 months. She stated they have not diminished quality nor have they cut educational programs. She stated the Adults at Leisure program is continuing with an expected 30,000 attendees. Act Two goals have met 68% of its revenues. She reported while these are difficult economic times, the center is doing better than budgeted. Commissioner Fitzgerald complimented Ms. Ghetto for the positive situation but expressed concerns regarding the impact of the difficulties the Florida Orchestra is experiencing. Ms. Ghetto indicated she believed the Orchestra would continue to play but if not, PACT would be able to recover. She stated they are grateful for the support Clearwater has given and hopes it will continue. In response to a question regarding the cost of performers escalating, it was indicated some have, but the center will not bring someone to the center at any cost. Discussion ensued regarding the impact of other performing centers in the area and it was indicated PACT is different from centers such as Tampa Bay and Bayfront centers and there is no adverse impact from this. In response to a question regarding whether or not expenses had been deferred, Ms. Ghetto indicated they had not been; the center has become more careful in its allocation of funds. Les Smout indicated the quality of the performers is still there however the quantity has been reduced. The net result is that there is a $42,000 surplus. He stated they have had a good fund raising year but that was for debt retirement and endowment. He stated the 3/4 of a million dollar improvement in surplus is due to improved operations. In response to a question regarding debt retirement, Mr. Smout indicated they had raised 1.2 million dollars over and above normal fund raising activities, all of which was for debt retirement. He stated they have completed 50% of their capital campaign. Purchase of Claims service and safety consulting services from Gallagher Bassett Services, Inc., for the period 10/1/90-6/30/91, for an estimated cost of $62,572.00 (AS) For the past several years Gallagher Bassett Services, Inc. has provided insurance claims service to the City of Clearwater. These services include claims administration, claims adjusting and loss prevention and loss control services. This proposal has not been incorporated into a written contract at the present time due to failure of the parties to agree on the exact language of the contract. The parties have been performing pursuant to the major provisions of the proposal. This year's proposal provides for an initial fee of $65,572.00 subject to adjustments as provided in the proposal. Adequate funds have been budgeted for this expenditure. Bodily injury and Worker's Compensation Claims are processed for the City of Clearwater by the servicing agent as well as property damage claims over the current authorized staff authority. Seven days of loss prevention/control consulting services are provided to the City on a request basis. The services of Gallagher Bassett Services, Inc. are needed because the City does not have staff at the present time to handle the volume of claims. There is also a requirement in the London package that the City use the services of Gallagher Bassett in servicing its claims. It is anticipated the City will seek bids through the bidding process for the handling of liability and worker's compensation claims in the future. The possibility of handling liability claims in house is also being considered. Discussion ensued regarding the need to resolve the disagreement on language. Kathy Rice, Assistant City Manager for Administration indicated the language has to do with the London package and there are specifics Gallagher Bassett want in the contract. Leo Schrader, Risk Manager, is working to protect the City. She stated there have been some problems with the service in regard to speed and other items and the City wants to improve on this. A question was raised regarding whether or not the volume of claims is more than it has been and it was indicated this is not the case. Sale of Police Department Patrol Boat and Trailer (PD) The vessel has a history of major engine repairs over the past several years and was recommended for replacement as it could no longer cost effectively meet the needs of the department. Due to manpower constraints, the department also researched the elimination of the marine enforcement team with the provision that all marine enforcement functions be absorbed by the Pinellas County Sheriff's Office. This will commence January 22, 1991. The Sheriff declined an offer of donation of the boat. A previous agenda item requesting to sell the boat specified a minimum bid which was not obtained and did not include the sale of the trailer. It also indicated the proceeds of the sale would be used in part to purchase a new vessel which is no longer needed. In response to questions, it was indicated the insurance on the boat has been discontinued and there are no longer marine patrol officers in the police department. It was also indicated the boat is out of the water. Declaration of surplus property, 250 acres in Hillsborough County located on the west side of Patterson Rd., 3/4 mile south of Tarpon Springs-Lake Fern Rd. for the purpose of exchanging it for other land, selling it outright for cash or a combination of sale and exchange (CM) Staff has been negotiating for several months to exchange a parcel of land in Hillsborough County commonly known as the City Sludge Farm for a parcel of land on Island Estates. The Commission agreed to make a swap of land with Rex Harper whereby the City would acquire the property at 205 Windward Passage for approximately 57 acres of land in Hillsborough County. Mr. Harper now wishes to acquire not only the 57 acres but an adjacent 193 acres. The City therefore needs to declare the entire 250 acre parcel surplus to the City needs. Consultation with the Public Works Department, City Engineer, and Consulting Engineer indicate no adverse affects to our sludge farm operation if this property is sold. A condition of the negotiations with the successful bidder will be the requirement that the City be allowed to use a portion of the land for a limited period of time, if necessary, for continued sludge disposal. Upon receipt of bids this item will be brought back to the Commission for final action. Concerns were expressed regarding apparent contradictory language regarding no problem with our sludge disposal system. Michael Wright, Assistant City Manager indicated there is a limited life on the property due to the metal content of the sludge. He stated Public Works is working on an alternative process which would require significantly less land than is currently being used, however, the City wants to reserve the right to use the land if we need to over the next few years. Discussion ensued regarding the possible need for the property and what other metal contents might trigger us being unable to use the land any longer. It was requested a report be provided. In response to a question, it was indicated the new sludge treatment process being looked at would render the sludge sterile enough for agricultural purposes and staff is investigating this. Final Payment to delaParte and Gilbert for legal services rendered regarding the administrative hearing for Stevenson Creek in the amount of $17,253.56 (CM) On June 21, 1990, the Commission approved an agreement with the law firm of delaParte and Gilbert to provide legal services at the Chapter 120 hearing called by John Foley and later joined by the League of Women Voters. The legal services agreement provided for expenditures up to $40,000.00 in addition to a previous agreement of $9,900.00 executed between the firm and the City Manager's Office. Additional amounts over the $40,000.00 estimate were to be paid following the approval of the City Commission. During the course of preparation for the Chapter 120 administrative hearing, Mr. Foley developed a settlement proposal calling for an alternative design for the Stevenson Creek project. On November 15, 1990, staff advised the Commission of the receipt of this proposal and the need to assess the alternative using the City's computer model and conduct expert evaluation by City consultants since the League had no experts of its own. The additional effort to analyze the data for potential settlement has resulted in additional expenses over and above the $40,000.00 legal service estimate. Following the analysis of the settlement offer and finding its insufficiency to provide the needed flood protection, preparations continued for the hearing. On December 4, 1990, the League of Women Voters and John Foley jointly announced, through their attorney, their decision to voluntarily withdraw from the hearing. Final charges for November and December have been received by the City and a request for payment of the outstanding balance of $17,253.56 over the previously authorized $40,000.00 amount has been received. Total expenses, exclusively charged on the administrative permit hearing have amounted to $67,153.56 for legal fees and $49,732.00 in consulting and engineering fees. Concerns were expressed regarding the costs for these legal fees and whether or not it would be more beneficial to hire an additional assistant city attorney. It was indicated it would be difficult to find someone with this expertise to have on staff. Infrastructure Sales Tax (Penny for Pinellas) Revenue Projections (CM) The original Penny for Pinellas Infrastructure Project list approved by the Commission was based on estimated sales tax proceeds provided by Pinellas County. These early revenue estimates totaling $76 million over a ten year period were predicated on a 7.5% annual increase in tax revenues. Our current actual experience indicates that a much more conservative increase estimate is more accurate. Reducing the annual increase from 7.5 % to 4% produces a funding shortfall of approximately 16 million dollars over the ten year period. Using a 2% growth factor results in a funding shortfall of approximately $22 million. Staff is recommending taking the more conservative approach and delete $23, 110,000 from the recommended high priority list. In addition to the overall funding availability, the cash flow or balancing of each year's expenditures against the annual receipt needs to be considered. In order to achieve this balance, two priority projects, Countryside Boulevard Widening and the City's share of costs associated with the Clearwater Pass Bridge, have been identified to be funded by interfund borrowing techniques. Mike Wright, Assistant City Manager indicated staff is recommending a very conservative posture and that it will be easier to add things back into the project list should revenues improve rather than delete more should they decrease. He stated the department heads have met and there have been compromises throughout. A question was raised regarding the project for Myrtle Avenue extension and Charles Hunsicker, Assistant City Manager indicated railroad tracks that would intersect the road at a 90-20 degree angle are causing difficulty. He stated there is a study being done and once this is completed, staff will return to the Commission with recommendations. Mr. Wright indicated that even with the projected 2% revenue return there would be a contingency fund of $1,750,000. Discussion ensued regarding using the 2% assumption and it was indicated the City's actual experience has given a return of 1.6 to 1.8 percent. Betty Deptula, Administrative Services Director indicated our experience would not support a 6% projection. Discussion ensued regarding the distribution formula of the sales tax and it was indicated the City receives quarterly reports. It was indicated the Countryside Boulevard Widening Project is out for bid at this time. Discussion ensued regarding the need to reserve monies for the Clearwater Pass Bridge and it was indicated the monies set aside are a safety valve but staff does not feel the money will actually be needed. The State funding for the Clearwater Pass Bridge is still currently in place. Mike Wright indicated a bridge decision will be needed in 2 to 3 years and at that time we would still have a $30 million revenue coming in and all projects are subject to annual adjustments. Mr. Wright indicated staff is recommending taking out police station renovations except for the parking lot which will be done and that $2 million was taken out of library renovations. He stated environmental projects that can be handled through the stormwater utility fee have been eliminated however Stevenson's Creek was left in. Concern was raised regarding eliminating the program for the redundant water system which would bring effluent for irrigation to residential areas. It was stated staff believed reclaimed water would be attractive enough to go forward without a subsidy. Mike Wright requested Commission direction regarding the Public Works Director's request that monies be allocated for paving of unpaved streets. Mr. Wright reported there are several small sections of unpaved streets which cause maintenance difficulties to the Public Works Department. Consensus of the Commission was to provide $50,000.00 a year to be set aside for the paving of these streets. Mr. Wright requested the Commission look carefully at the Parks and Recreation projects. Discussion ensued regarding the bayfront park and Ream Wilson, Parks and Recreation Director indicated $30,000.00 has been spent for conceptual drawings for Commission approval. The tennis courts will be addressed first in this project. Discussion ensued regarding the fishing piers and it was indicated in the short term the City will be moving dangerous portions of the existing pier, which are actually the remains of the old memorial causeway bridge, and eventually we will go forward with removal and replacement of the piers. A question was raised regarding whether or not Clearwater Beach residents and associations supported a project for a gazebo on the beach. Staff is to investigate. Mike Wright did indicate a recommendation was to delete 1/2 million dollars of beach improvements from the project list. The meeting recessed from 10:43 to 10:53 a.m. Status of Center Foundation Lease (CM) Staff has been negotiating for several months with the Center Foundation to come to an agreement on a new lease for the center. Questions were raised regarding the need for clarification that there are no loans or mortgages existing on the property at the current time. Also how any shortfall in operating expenses will be funded and by whom. A question was also raised regarding amendments to the Center Foundation bylaws and whether or not they need to be ratified by the City Commission. The City Attorney indicated it was his opinion that the increase in trustee board members was not consistent with the lease agreement. A question was raised regarding the status of the YWCA's participation in the project. A concern was also expressed that originally the word "Clearwater" was to have been used in the name of the facility. In response to a question, the City Attorney indicated he believed the proposed agreement was an improvement over the existing lease and he recommended approval. Discussion ensued regarding expansion of the board and it was indicated that this had been an evolutionary process and there are now two boards, one fund raising board and the other, an operating board. A question was raised regarding whether or not Clearwater for Youth had an agreement with the Center Foundation organization. In response to a question regarding whether or not the City is still financially responsible if things remain status quo, the City Attorney indicated the City would be better off under the new agreement. Questions were raised regarding whether or not there were any strings attached to the State grant which was provided to help pay for construction costs. Further discussion ensued regarding the funding formula to help pay for operating costs. The City Attorney reiterated he recommended adopting the new agreement and staff had tried to address and resolve the issues. Verbal Report The City Manager reminded the City Commission the stormwater utility fee will be showing up in the next utility bills which are issued. He stated there may be some errors and that phone banks have been set up to address these. A question was raised regarding whether or not there had been any challenges to the fee and the City Attorney indicated a letter had been received from the School Board Attorney indicating they did not feel they needed to pay the fee. He stated they are drafting a response indicating they will be liable. ITEM A question was raised regarding the status of a proposal to more clearly define rental units. Jim Polatty, Planning and Development Director indicated complaints have been received regarding residential properties being rented out inconsistent with the intent of the Code. He stated people are buying single-family homes and then renting them out on a limited time basis. He stated there in nothing in the Code which would prevent day to day rentals and it is being researched at this time. Staff will return to the Commission with a recommendation. He indicated there were some condominiums on the beach which have received a hotel/motel license. The proposal will apply only to residential units. A question was raised regarding whether or not there were any State rules and regulations that apply to hotel/motel permits. It was stated the real battle will be in the single-family residential areas and a concern was expressed that this practice would destroy the intent of neighborhoods. Commissioner Nunamaker left the meeting at 11:45 a.m. (Cont. from 12/20/90 & 1/3/91) Second Reading Ord. #5014-90 - Amending comprehensive plan as adopted on 11/16/89, including amendments to future land use, traffic circulation, coastal zone management, conservation, intergovernmental coordination and capital improvements elements (PLD) The City of Clearwater processes amendments to the comprehensive plan in June and December. This item consists of several amendments to the comprehensive plan text which were reviewed and approved by the Commission on first reading on August 16, 1990. The proposed amendments have been processed through the Tampa Bay Regional Planning Council, the Pinellas Planning Council and the Department of Community Affairs. Final review comments from DCA have been received indicating adjustments in language are necessary. Changes have been made which are generally acceptable to DCA. All revised language is included in Exhibit A of the ordinance. The concern was expressed regarding having to be so specific regarding language in objective 19.3 that provides for a specific number of parking spaces to be provided on Sand Key. It was indicated these parking spaces were expected to be installed at the sailing center during its development in the upcoming year. It was requested that DCA be contacted to see is we could specify the location as the sailing center or remove the date by which the spaces are required. Scott Shuford, Planning Manager indicated DCA had also requested language in policy 22.2.2 and 22.2.8 regarding flood control be more specific. He stated the League of Women Voters had an alternate proposal to staff's recommendation however it was not as clear. A question was raised regarding definitions of natural floodways and channels. This will be clarified prior to Thursday. The Mayor indicated the League of Women Voters has informed her that the most recent challenge from Tom Reese was not approved by the League. The Planning and Development Director indicated that amendments being made to policy 5.5.1 are an effort to better reflect State's policy regarding constraint and backlogged roads. Land Development Code Amendments - Initial Series of Code Amendments in the Second Phase of Proposed Amendments (PLD) Staff has prepared the initial series of Land Development Code Amendments in the Second Phase of Proposed Amendments. Due to the large number of amendments in this second phase, staff will bring only a limited number of amendments to public hearing at any one time. The ordinances proposed address vested development rights, marinas and recreational grounds in PSP districts, fences, walls and hedges, attached versus accessory dwellings, permitted and conditional uses in OL and OG districts, noncommercial recreation in the OS/R district and residential uses in the CG districts. A concern was expressed regarding the proposal to limit the height of hedges. Discussion also ensued regarding the proposed ordinance for residential uses in the CG district with it being indicated that this would be a way of getting around the Code. It was indicated this was an amendment that was brought up by a member of the public and was being provided for the Commission to look at. Concerns were expressed that there needs to be notation made when amendments are being proposed by citizens. Further discussion ensued regarding ways in which to handle citizens' requests for code amendments. It was the consensus of the Commission to separate items E and G, both of which were requested by citizens, and they be placed on the regular agenda. The other items can remain on consent for receipt and referral. 16th Year CDBG program amendment to add $11,800.00 for public facility improvements to Community Pride Child Care Center located at 211 S. Missouri Ave. (PLD) In the 15th Year CDBG program $12,000.00 was allocated in public facility improvements to support the renovation of the former YWCA thrift shop. At that time, Community Pride had proposed to lease the facility. Subsequently they purchased the building and additional improvements have been added to the rehabilitation scope of the work based on fire code requirements and the expansion of the building to accommodate Gateway Children's Center. An allocation of $3,000.00 in the 16th Year CDBG funds was granted for a security system and fencing at this site. The Gateway Children's Center will be a daycare for children of homeless families and will be funded through grants and contributions from the Junior League. The Gateway Center received a CDBG grant of $10,000.00 for the 90/91 year to fund facility improvements. Additional funds are available under the CDBG program to support this recommendation. A question was raised regarding whether or not this facility would be a possible location for a headstart program. Kathy Rice, Assistant City Manager indicated potential sites have not been determined at this time. "Challenge 2000" program for housing rehabilitation and new home construction (PLD) The City Commission provided direction to staff regarding the administrative perameters of the Challenge 2000 program. Since that date, additional pledges have been received to bring the total banking support up to $2,450,000.00, $400,000.00 of which is pledged for low interest loans to low income families. Several applicants under the new construction program have submitted applications and can be recommended for acceptance into the program. Once an applicant is accepted the lot must be selected and a home plan chosen. Seven builders have submitted plans, specifications and prices to be considered for inclusion in the program. Challenge 2000 loans for home rehabilitation will have significant client and builder involvement in creating the scope of services in administering the contract. City administrative support will be needed and processing loans and marketing the program to qualified applicants. The loans are targeted to families with incomes from 80 to 120 percent of median income. The purpose of these loans will be rehabilitation and upgrading of existing housing stock. Loans will be made by local banks with a City guarantee. Interest will be charged at a fixed, below market rate. The program has been recommended for approval by the Neighborhood Advisory Committee. Clearwater Neighborhood Housing Services is committed to providing outreach services in the North Greenwood Community. Counseling in credit management and home maintenance will be available to all clients through the Community Service Foundation and will be mandatory for new home buyers. Jim Polatty, Planning and Development Director indicated staff is asking the Commission to approve this as the administrative manual. He indicated we are ready to implement the program. Community Services Foundation will provide counseling and we will pay for each client. He stated that of the 23 prospects, 5 have been deemed able to get a loan. He stated that although the down payment has been minimized, it is still a problem for some participants. In response to a question, he indicated the counseling and training regarding home maintenance would be provided on a continuing basis. It was hoped to establish an adopt a family program. Chris Papandreas, Community Development Manager, indicated Neighborhood Housing Services will assist in filling in the gaps in counseling. A request was made the Commission receive a copy of the proposed contracts, notes and deeds. Verbal Reports The City Manager reported on a late item in which the Miss Clearwater Pageant is requesting co-sponsorship. Consensus of the Commission was there was no objection. The City Manager reminded the Commission of the Union Impasse Meeting for FOP#10 scheduled for January 23, at 5:30 p.m. He requested Commission members bring both the proposal by the union and the city's proposal. He also stated staff was attempting to schedule a union impasse meeting for the FOP sergeants and lieutenants union. Consensus of the commission was to schedule this for 9:00 a.m. on February 4, 1991 and to have the work session scheduled for that time to begin immediately after the FOP meeting. Other Commission Action The Mayor requested the City Attorney prepare a discussion regarding the new gift law and this be an item on a future work session agenda. Commissioner Berfield questioned whether or not there was any way to reinstitute the special speed enforcement effort on Clearwater Pass Bridge. Commissioner Fitzgerald suggested a resolution be drafted supporting the troops in the Middle East. Consensus of the Commission was to add a resolution which would support City of Clearwater employees who have been called to serve in this conflict. Mayor Garvey questioned whether or not the Commission wished to take any stance regarding Tarpon Springs' resolution on annexation of enclaves. It was indicated this should be done through the legislative delegation. The Mayor indicated she understood this is to be addressed by Governor Chiles and she requested a packet of information be developed and sent to the Governor. The meeting adjourned at 12:42 p.m.