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03/30/1992 CITY COMMISSION WORK SESSION March 30, 1992 The City Commission of the City of Clearwater met Monday, March 30, 1992, at City Hall with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Lee Regulski Commissioner Absent: William Nunamaker Commissioner Also present: Michael J. Wright City Manager Milton A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:20 a.m. Three service pens were awarded. Lease Agreement with Pinellas County Schoolboard for portion of the Curtis Fundamental Clearwater Comprehensive School Complex located on the E side of Holt Ave., from 5/1/92 - 4/30/93 (AS) The Pinellas County School Board has offered the City a lease to the school property on the east side of Holt Avenue at the Curtis Elementary School complex. In use since 1972 as a location for temporary emergency housing, the property is then sub-leased by the City to the Religious Community Services, Inc. (RCS) which operates the emergency transitional housing program. Presently, RCS has 14 mobile homes located on the site. Families needing this type of emergency shelter are able to stay in mobile homes for periods up to 60 days. The terms of this one-year agreement are identical to those of last years lease. No cost is borne by the City. Concerns regarding the school parking, as allowed by paragraph 2J, occurring in the driveways of the mobile home community were expressed. Betty Deptula, Assistant City Manager, stated staff has been in contact with the school representatives who have agreed to be sensitive to this problem. Purchase of 1 - 1992 Ford F-600 Cab and Chassis 2-ton truck from Gator Ford Truck Sales, Inc., Tampa, FL for $24,294.48 (GS) In 1989, Fleet Maintenance modified a 1982 one-ton container truck for a prime mover. This vehicle is used to tow the recycling trailers. Expansion of the recycling program has made it necessary to purchase an additional vehicle to tow the recycling trailers in order to support the multifamily recycling program. In response to a question it was indicated that additional staff would not be needed. A request was made that information regarding pickup of newspapers be given to the citizens. Declare Vehicles and Equipment Surplus to City Needs and Authorize the sale of same to highest bidder at Public Auction (GS) Various vehicles and equipment have been accumulating at the Fleet Maintenance facility on Grand Avenue due to the purchase of replacement vehicles and equipment. Much of the City's surplus vehicles and equipment have a residual commercial value. Commercial buyers recognize this value and are accustomed to purchasing at competitive public auctions. At the same time public auctions provide the general public with access to City surplus vehicles and equipment whereas the public might not have the opportunity to bid in a sealed-bid or trade-in situation. Former auctions have shown that disposal of surplus vehicles and equipment in this manner more accurately reflects the true market value of said equipment, therefore a Public Auction provides a higher net return to the City. The expenses of the sale will be deducted from the gross sales income. In response to questions, the City Manager indicated there is no guarantee that any of this equipment is still workable and useable. He also indicated the equipment listed as mobile home office is the old Police Department van. Clearwater Public Library System Long Range Plan: 1992-2001 In May, 1990, the Long Range Planning Committee was formed and was charged by the Library Advisory Board with developing a ten-year plan for library services. The committee was composed of representatives from the Library Board, Friends of the Clearwater Library, Greater Clearwater Public Library Foundation, staff, and the general public. The committee followed guidelines established by the American Library Association for local planning processes. In addition, the results of a citizen survey were studied. Dr. Diane Bordner of Bordner Research presented an overview of this survey to the Commission in July of 1991. The long range plan targets service to children and to the business community as top priority development areas. At the same time, it reflects cost consciousness: as eighty-five percent of the fifty-two objectives can be achieved with current funding levels. Of the remaining eight objectives, five would require additional space in the Main Library and are placed at the end of the time line to allow study. A market research survey of the business community is being funded this year through salary savings. Funding for the CLEARWATER SUN morgue access project is being sought by the Foundation, and an additional staff member will be needed for a fee-based business information service at the end of a three year trial of that project. Carolyn Moore of the library presented an overview of the plan and a service outline for the next ten years. The library used a 1991 Citizen Survey in order to identify expectation and needs of the Library Service. The committee also attempted to prioritize the eight roles identified by the American Library Association that were to be filled by the library over the next ten years. They chose two of these for primary development, Childrens's Library and Research Center. A question arose regarding the patron profile and how age groups checking out books relate to the population as a whole. Library staff will provide this information. A concern was expressed that the percentage of the library's budget going to purchase of books was going down. Ms. Moore indicated this is due to the opening of two branches and the operating and staffing costs for those facilities. The City Manager pointed out that the actual dollars spent on books has gone up 100 percent. A question was raised regarding the low percentage of usage by children ages one to seventeen and it was questioned whether or not access to school libraries was the reason for this. Ms. Moore indicated that was a component but also parents check out books for their children. A question was raised regarding the goal to improve information services to local governments and whether or not this would be a revenue source. Ms. Moore indicated a fee is being considered. A question was raised regarding why the goal to improve formal education through the literary collections was not applied to Countryside Library. Ms. Moore indicated the needs are greater in the other areas. She further reported they are attempting to obtain a grant. Questions were raised regarding the historical data and it was indicated some of the dates were incorrect. This will be corrected. Questions were raised regarding the ability to get true circulation number. Ms. Moore indicated this will be included with the new circulation system. The City Manager questioned if the Commission was comfortable enough to accept this long range plan and if so it would be placed on the agenda for Thursday night. It was stated that this is simply accepting the plan, and in order to make any of the particulars effective would take additional Commission action. Consensus was to have the item revised and placed on the agenda Thursday night. Agreement with Ervin's All American Youth Club, Inc. for the Club's continuing use and supervision of the Holt Avenue Youth Center (PR) Ervin's All American Youth Club, Inc. has been operating out of Holt Avenue Youth Center since 1987. The existing agreement has a three year term and expires April 14, 1992. The proposed agreement covers an additional three-year period and provisions are very similar to those included in the existing agreement. Changes are considered minor and include the following: 1) where appropriate, wording in the proposed agreement has been changed to reflect the Club's past and current use of the building rather than its desired use as in previous agreements; and 2) programming emphasis of the Club has shifted from educational and recreational to educational, cultural and motivational. Recreation programs for youth of the Greenwood community will be accommodated more fully at the recently expanded Martin Luther King Center under regular Parks and Recreation Department supervision. Over the past several years the Holt Avenue building has been improved as a result of several renovations projects. These include: a new roof, a new thirty-foot expansion at the west end of the building, new kitchen facilities, beautification, etc. Many youngsters of the community have benefitted and will continue to benefit from offerings at the Club and the Club continues to play an important role in the community. As in past years, the agreement states the City will provide building and landscape maintenance along with monies for operational supplies. Monies approved for these purposes in the 1991/92 budget total $5050. The agreement also provides that either party may terminate this agreement by furnishing 60 days written notice of termination to the other party. As directed at the March 19, 1992 Commission meeting a report is being prepared analyzing the effectiveness of the Youth Club and including recommendations for continuing City support. This report is to be submitted to the Commission by June 1, 1992. A concern was raised regarding approving the agreement for a three-year term prior to the report being received. It was requested the item be revised to allow a continuance of the use under the current agreement on a month-to-month basis to allow completion of the report. Request from Clearwater Festivals, Inc. (CFI) to waive City Fees and Charges for Seven 1992 Fun'n'Sun Festival Events and grant permission for CFI to authorize all festival vendors (PR) In February of 1992, the City entered into an agreement with Clearwater Festivals, Inc. whereby the City contributed $34,720 to help fund the 1992 Fun'n'Sun Festival. The Festival will begin on April 18, 1992 and run through May 3, 1992. Section 1, Paragraph C of the agreement states: "The Committee shall not incur any expenses in the name of the City and shall not be entitled to the waiver of any fees normally charged by the City without the advanced approval of the expense or the waiver by the City Commission, which approval shall be given only at a regularly scheduled Commission meeting. Discussion ensued regarding whether occupational licenses for the vendors should be waived. Consensus was if the vendor's profits went to fund a non-profit organization the license fee should be waived otherwise the occupational license fee would be required. Res. 92-27 - pertaining to Non-Resident Fees, allowing for the collection of said fees from participants of previously exempt co-sponsored programs where leadership is provided by outside organizations and facilities are provided by the City (PR) In 1975, the Commission first approved a procedure by which non-residents wishing to participate in City recreation programs were assessed a "comparable sum" fee which is approximately equal to the per capita recreation expense shared by each City resident. Specifically exempted from this requirement are "programs where leadership is provided by non-city employees." For example, Little League Baseball, Youth Soccer, shuffleboard. These "programs" are made available to participants by independent organizations which have each entered into separate agreements with the City. At this time, there are approximately 30 co-sponsored groups using 18 separate City owner facilities. An analysis of the co-sponsored groups rosters indicates over 50% of all co-sponsored group participants are not residents of the City. This represents over 2000 program participants who currently pay no taxes to the City and thus do not contribute to the ongoing maintenance and utility costs at these facilities. Studies have also determined approximately 50% of the cost of City sponsored programs is for maintenance and the remaining 50% is for leadership. Non-residents participating in these City sponsored programs currently pay a fee of $51 designed to cover both leadership and maintenance costs. However, in co-sponsored programs, leadership is provided by volunteers. Therefore, staff feels it fair and equitable that non-resident participants of co-sponsored programs pay only that portion of the fee for maintenance which will be $25. If the fee is set at $25 per year per person which is inclusive of an estimated $3 cost for material and processing. Approximately $44,000 in net revenue may be generated for the City. Staff feels the collection of applicable fees from co-sponsored group participants can best be facilitated by requiring the co-sponsored groups to include the City "Participant Card" number for each of their members on their official roster. Application for participant cards, either Resident, Non-resident, or co-sponsored, may be made at any of the ten recreation centers. If this resolution is approved, all co-sponsored groups will be required to submit complete rosters of their participants effective January 1, 1993. Concerns were raised regarding programs such as the Lawn Bowl and shuffleboard programs. Mr. Wilson indicated there are members who are citizens and taxpayers and he felt it was only fair that the non-residents pay the fee. In response to a question he stated the agreement with these clubs is that they run the operation and the City provides money for maintenance. In response to a question it was indicated that we have a similar agreement with the Horse Shoe Club. Concerns were expressed regarding Little League. Mr. Wilson indicated the Little League organization established boundaries. Using the City Attorney as an example he stated he lives in Del Oro and his son has to play in Safety Harbor. He further reported Safety Harbor provides two ball fields and the City of Clearwater provides two ball fields. He stated if it is determined there is cooperation that program is exempt from the fee. Mr . Wilson indicated that some of the finest facilities are located within the City of Clearwater and he thought other municipalities need to also provide facilities. Mr. Wight indicated the purpose of the recommendation is to raise revenue and to reduce the pressure on Clearwater facilities. In response to a question Mr. Wilson indicated the Lawn Bowl Club could possibly lease the whole facility but it would probably be too expensive for them. The City Manager pointed out that 50 cents a week is what is being requested. Public Hearing - Vacating Pine St. right-of-way (formerly Grove St.) lying south of Start and Savery's Add., Balk 3, Lots 3 & 4 and north of Balk 5, Lots 1 & 2 (Church of the Ascension, Inc., V92-02) (PW) The applicant proposes to construct a structure connecting the main church building on the north side of Pine Street with the other church facilities on the south side . Also in another location they propose to construct a covered walkway across Pine Street connecting the two buildings. The City has sanitary and storm sewer systems and water lines within the right-of-way and since the applicant proposes to develop within the right-of-way the existing utilities would have to be either relocated or abandoned at the applicant's expense. This petition has been reviewed by the various City departments and divisions and except for those of the Police and Fire Departments there were no objections subject to the above conditions. The Police and Fire Departments are recommending denial because if this street is vacated the result may affect response times and access to existing property. Florida Power and Vision Cable have facilities within the existing right-of-way which will have to be relocated at the applicant's expense if the easement cannot be retained. General Telephone has no objections. Fire Chief Davidson stated the Fire Department's objections concern accessibility to the building in case of fire. It was suggested further discussion with the church representatives was necessary to ascertain their specific plans for the property. The City Manager asked Mr. Polatty, Planning and Development Director, to get with Chief Davidson and Harry Klein, the attorney representing the church, to discuss this matter. The meeting recessed from 10:20 a.m. to 10:28 a.m. Public Service, Public Facility and Homeless Shelter Subrecipients policy for 1992-93 CDBG program (PLD) In 1991-92 the City of Clearwater approved 13 contracts for CDBG subrecipients to provide public services, public facilities and homeless shelters. This is a higher number of subrecipients than are funded by St. Petersburg and Pinellas County although those jurisdictions receive much larger CDBG grants. Because of the extensive staff effort required to administer subrecipient contracts it is recommended that guidance be established to limit subrecipient activity in future years. Establishment of this policy will reduce the current staff burden of half a person per year. It will also integrate the application procedures for City Social Service grant funds with the CDBG application process. The CDBG regulations require extensive contracting and monitoring provisions which are not appropriate for smaller grants. The policy proposes to fund smaller grants from City Social Service funds to reduce the administrative requirements. On February 11, the Neighborhood Advisory Committee (NAC) recommended the City fund only eight CDBG subrecipient grants and that these grants be limited to $15,000 each. The NAC further recommended City Commission Social Services funds be used to fund smaller grants. Potential subrecipients will be notified of this policy prior to the closing date for applications. Clearwater Neighborhood Housing Services (CNHS), Tampa Bay Community Development Corporation (TBCDC), and Habitat for Humanity are reimbursed based on the number of affordable housing opportunities they provide and are paid on a per-unit basis. The agencies are funded from housing funds and deliver services which would be provided by City staff under the City's housing programs if they were not provided by these agencies. CDBG reimbursements for these housing operating costs are not proposed to be included under this policy. If City funds replaced CDBG funds for the smaller grants, the impact on the Social Service fund would be an increase of $7,900. The City Manager indicated that staff's philosophy was to provide maximum effort to those agencies to which the most money is given. Concerns were expressed regarding this philosophy. Mr. Wright indicated the City spends more on administration for a $2,000 grant. Jim Polatty, Planning and Development Director, indicated most CDBG programs give fewer grants than the City of Clearwater. He reported that there are four recipients that are over the suggested maximum and the two highest are being grandfathered in. In response to a question the City Manager indicated staff is talking about granting the CDBG funds at the same time the City Social Service funds are granted. Concerns were expressed that although the smaller grants may have a greater impact on administration, the funds are significant to the organizations receiving them. In response to question Mr. Polatty indicated the $15,000 cap was established because it was felt to be reasonable. He stated a number of organizations are being granted that amount. A question was raised regarding why Girl's Inc. was being grandfathered in at a much higher amount. Mr. Polatty indicated it was because there was concern regarding the negative impact of cutting their funds that much. In response to a question it was indicated the small applications were still intended to be funded but simply through a different source. Concerns were expressed regarding setting a cap. Mr. Polatty indicated this was suggested in order to spread the funds further. Betty Deptula, Assistant City Manager, reported the agencies are being notified that they should not anticipate automatic renewal of funding in the future. Consensus of the Commission was to delete this $15,000 cap. In response to a question it was indicated that the minimal grant would be $7,500. Concerns were again expressed regarding the significance of the funds no matter how small to those organizations receiving them. Ord. #5187-92 - Relating to taxicabs; amending Secs. 61.01, 61.05, 61.26, 61.30, 61.31 & 71.13 and repealing Secs. 61.02 & 61.07 Concern was expressed regarding the provision that there would be a 12 month waiting period after date of revocation of a taxicab company occupational license. It was stated that often an individual will start a company under another name. The City Attorney indicated he can refine the language to address this concern. New language will be available prior to Thursday night. In response to a question it was indicated that proof of insurance is required annually. Quit Claim Deed - Sec. 14-29-15 (M. Conner, Inc.) This deed was requested in order to formalize an alley which has been in existence for 20 years; however no record of same can be found. This alley is needed now in order to construct some drainage improvements. A question was raised regarding whether or not the deed from the other property owner is needed. Public Works Department will respond. Other City Attorney items: The City Attorney reported there has been a request for approval of offer of judgement in the case of Dial versus the City. This a case in which a car driven by Carolyn Dial collided with a City garbage truck. Allegedly as a result of the accident Ms. Dial suffered injuries to her back which required surgery. While the surgery was successful she continues to complain of pain and discomfort. Mediation of the case has been unsuccessful. Their last demand was $200,000 and the City's last offer was $40,000. A trial date has been requested but no date set. The offer of judgement is a procedure whereby the City can make a reasonable offer to settle the case if the plaintiff declines and chooses to proceed to trial she must obtain a judgement of more than 125% of the City's offer. If she does not, then the Court may impose sanctions equal to reasonable attorney fees and all reasonable costs of litigation. The Commission is requesting the Commission approve an offer of judgement for $40,000. A question was raised regarding who was at fault in the accident. The City Manager indicated there was contributing negligence from both parties. City Manager Verbal Reports The City Manager reported representatives of the Pinellas Suncoast Transit Authority (PSTA) will be coming to the next meeting to answer some questions including why they can't run buses into Island Estates. Discussion ensued regarding whether or not the Jolley Trolley could be used in Island Estates as well as transporting people to the beach and back. Mr. Wright indicated this would be an opportunity to talk to PSTA regarding this. The City Manager requested information from the Fire Chief regarding sirens being used at night as complaints have been received. Chief Davidson indicated sirens are not used at night unless they have to be. He stated State law requires their use whenever traffic is encountered. He stated it is a judgement call of the vehicle operator. He indicated right now is the busiest season and ambulances are required to use sirens. J.D. Eastridge, Deputy Police Chief, indicated there is liability problem in that there needs to be a warning. He stated there have been cases where flashing lights only were being used and the Agency has wound up in court. He also indicated the use of sirens aid in preventing crime. Consensus was for the operators to be asked to use more discretion in the use of sirens during the nighttime. Consensus of the Commission was to set budget work sessions at Thursday night's Commission meeting. Other Commission Action Commissioner Regulski raised questions regarding the Pinellas Trail stating if the City asked for it to be modified at this point in time it will "screw things up". He stated when all the dust is settled, the City may then ask for a loop. The City Manager indicated a bike connection to the beach may also be requested. Consensus was to leave the plans as they are for now and to address any modifications at a later date. The Mayor questioned the cost of police protection for the Trail as the total costs are to be borne by Pinellas County. The City Manager indicated the County is looking at auxiliary law enforcement for this purpose. He reported the Police Department had been planning on supplementing that security. It was requested the County respond to calls and not have a special patrol on Pinellas Trail. Commissioner Berfield expressed concern regarding complaints regarding the lighting at the ball field at Countryside High School. Mayor Garvey reported the City Attorney is responding to the Communication Workers Association's letter regarding the Civil Service board. The City Attorney indicated the challenge of the appointment to the Civil Service Board is going to the next meeting and he will suggest a new vote. Commissioner Regulski questioned if the rules for the election could be amended. The City Attorney indicated that would be difficult without a referendum. He stated he believed the ordinance was clear enough. Consensus of the Commission was to allow this to be sorted out. A question was raised regarding whether or not the Chairpersons of Boards are allowed to vote. It was indicated this would depend on the individual rules. This will be investigated. Mayor Garvey expressed concerns regarding their needing to be policy regarding travel to Sister Cities. She felt that if the City is going to truly have a Sister City Program there should be funds for these efforts. Concerns were expressed regarding the expansion of the Sister City Program as Clearwater now has several. The Mayor indicated she is merely recommending establishing a Sister City travel budget. Discussion ensued regarding whether or not these travels should be City funded. It was requested information regarding how other cities handle this be obtained. It is also the consensus that this be included in the discussions regarding the budget. Commissioner Fitzgerald expressed concerns regarding funding that had been approved for the Bombers, stating he questioned what the monies were to be used for and if there were any controls. It was suggested a policy be set that agencies and organizations receiving funds from the City be required to provide reports of their activities and budgets. The meeting adjourned at 11:34 a.m.