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03/31/1997CITY COMMISSION WORK SESSION CITY OF CLEARWATER March 31, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:03 a.m. at the Municipal Services Building. Service Awards - None. GAS GAS SYSTEM Res. #97-22 - accepting the franchise, privilege and concession of the Town of Belleair Shore, Florida, for the purpose of furnishing gas within Belleair Shore and to its habitants, and approving the interlocal agreement related thereto On March 19, 1997, the town of Belleair Shore’s Board of Commissioners approved the Interlocal Agreement with the City to provide natural gas service in Belleair Shore. The Interlocal Agreement incorporates franchise provisions as part of the document. The Interlocal Agreement provides the City a 30-year non-exclusive right to supply natural gas service and to construct, operate, and maintain all facilities necessary to supply natural gas to the town of Belleair Shore. The Interlocal Agreement provides for a franchise fee up to 5% to be paid by natural gas consumers within the town of Belleair Shore. CGS Managing Director Chuck Warrington said the line was constructed through the beach area 3 years ago. Bond counsel advised CGS to obtain an Interlocal Agreement to be certain it is legal for CGS to serve those customers. According to State law, CGS cannot have exclusive rights to service the area. The City Attorney indicated another provider could not use or take City lines. CP CENTRAL PERMITTING Variance(s) to Sign Regulations for property located at 923 McMullen Booth Rd., Sec. 9-29-16, M&B 31.01 together with Del Oro Gardens, Lots 33-36, 44-46, 51 and part of 52 (Kapok Pavilion, Inc., SV96-26) This variance application was continued on November 7, 1996. Pursuant to Commission direction, the applicant has worked with staff and has reduced the variances requested. The property, on the East side of McMullen-Booth Road, is North of San Bernadino Street and is zoned General Commercial. The applicant requests variances: 1) a 30-square foot area variance from the permitted 64-square feet to allow a 94-square foot freestanding sign and 2) a 3-foot height variance to allow a 23-foot high freestanding sign. A 10-foot high, 32-square foot auxiliary sign is permitted because the property has more than 500 feet of frontage on McMullen-Booth Road. It was suggested a height variance would not be needed if the palm tree is moved. Concern was expressed regarding the building’s new signs. A drawing of the proposed freestanding sign was requested. EN ENGINEERING Public Hearing & First Reading Ord. #6140-97 - Vacating 42’ railroad easement, 43.45’ railroad easement and 5’ drainage & utility easement bordering said railroad easement lying in Clearwater Industrial Park and Clearwater Industrial Park Replat between Hercules Ave. & Belcher Rd. (Simpson & McCracken, V97-01) The applicant is requesting to vacate the entire 42-foot railroad easement, and the 5-foot drainage and utility easements lying each side of the 42-foot railroad easement and a 43.45-foot railroad easement in Clearwater Industrial Park as recorded in Plat Book 44, Page 46, and Clearwater Industrial Park Replat as recorded in Plat Book 71, Page 91 both of the Public Records of Pinellas County, Florida. The applicant's interest lies within a portion of Lot 10 of Clearwater Industrial Park and a portion of Lot 2 of the Replat. The vacation of the railroad easement on this property will affect all property owners West of the property. The Engineering Department included the whole railroad easement in this request to obtain citizen input at this Public Hearing. As developer of this subdivision, the City platted the railroad easements and drainage and utility easements for the possible construction of a railroad spur. With much of the subdivision developed, it appears the railroad spur is not needed or feasible to install. CSX railroad has provided a letter of no objection to the vacation of the easements. Pinellas County Utilities, Florida Power, GTE Video, and Time Warner have no objections. GTE has not objection provided easements are retained over their existing facilities. Portions of the easements to be vacated are not incorporated into the City limits. Pinellas County Public Works has provided a letter of no objection for these areas. The dedication on the Plat states, “The City of Clearwater, a municipal corporation of the State of Florida, hereby certifies that said City of Clearwater is the owner of the above described property and hereby dedicates to the Public in General all avenues, drives, streets, and easements as shown on this plat.” Various City departments/divisions concerned with easement vacation requests have reviewed this petition. Engineering Services has no objection provided drainage and utility easements are retained over existing City and GTE facilities. Other City departments have no objections. The City Engineer recommends approval of this request. Concern was expressed that all property owners along the spur be contacted regarding this proposal. The City Clerk indicated all abutting property owners are notified of the public hearing for a vacation request. The City Manager said a spur can never be built after this vacation is granted. Cooperative Agreement with SWFWMD for development of Phase I of City-wide reclaimed water system, providing reimbursement of eligible project costs not to exceed $2,425,000 In April 1990, through CDM (Camp Dresser & McKee, Inc.), the City completed a Reclaimed Water Master Plan recommending the City pursue reasonable expansion of a reclaimed water system to offset residential irrigation demand, considering increasing demands on limited potable water supplies. The report also recommended pursuing alternative funding with State agencies. In October 1995, the Commission directed staff to proceed with developing a City-wide Reclaimed Water System. It is anticipated Phase I will distribute reclaimed water from the Marshall Street (AWT) Advanced Wastewater Treatment Plant to City facilities (Jack Russell Stadium, Ray Green Field, Coachman Park, Clearwater Beach Recreation Center, Pier 60 Park, etc.), Memorial Causeway, Island Estates, and Clearwater beach between Marianne and Baymont streets. Phase I also will distribute water from the Northeast AWT to Eagles Landing in Countryside. The project is consistent with the City Comprehensive Plan (Goal #18) and the State “Water Supply Needs and Sources 1990-2020” report. This project can provide approximately 3-million gallons of reclaimed water daily for irrigation purposes, eliminating an equal rate of wastewater discharge into Tampa Bay and Clearwater Harbor. The project will reduce peak potable water demand. Construction is anticipated to begin in October 1997 and be completed in November 1998. This project provides the City another means to compete with neighboring communities, promote business, encourage relocation to Clearwater, and beautify public greenways at an estimated irrigation savings of more than $6,000 per month. The project’s total cost is anticipated to be $6,995,500. SWFWMD (Southwest Florida Water Management District) will fund approximately 45% of the eligible total project costs excluding distribution lines, City supplied fittings, potable water system replacement costs, etc. SWFWMD reimbursement to the City cannot exceed $2,424,000. The City will fund the remainder of the project to not exceed $4,570,500. Approval of the agenda item does not obligate the City to implement Phase I but only obligates the City to cooperate on this project and to receive State funding support for project implementation. Project approvals will be requested through a separate staff recommendation expected third quarter. In response to a question, Engineering Director Rich Baier said the petition to extend reclaimed water to Clearwater beach had gathered signatures from only 29% of the residents when 51% is required. The large number of seasonal beach residents made signature gathering difficult. He recommended the extra grant funding of $400,000 be used to extend reclaimed water to Pier 60 Park and the Mandalay Streetscape. The payback period has been estimated at 20 years with 6% interest rates and includes the $72,000 in annual savings. Traffic Signal on McMullen Booth at the Hamptons Mr. Baier's February 12, 1997, memorandum stated City studies indicate placement of a traffic signal on McMullen-Booth Road at the entrance to Ruth Eckerd Hall is not warranted based on the MUTCD (Manual of Uniform Traffic Control Devices). The City met with PSTA (Pinellas Suncoast Transit Authority) to gain support for the signal. The County does not support a traffic signal although it shares City concerns regarding the current difficulty for elderly Hampton residents to access public transportation by crossing McMullen-Booth Road which averages 73,000 vehicles daily. It was suggested a signal light be installed at San Bernadino Street. Mr. Baier said neither intersection warrants a traffic signal. Erecting unwarranted traffic signals on a scenic corridor could create a legal liability as accidents occur at traffic signals. PSTA cannot move the bus stop to the Hamptons property due to insufficient turnaround space. Consensus was the City could do no more regarding this issue. CM ADMINISTRATION Review of Financial Forecast FY 1997/98 Budget director Tina Wilson said the evaluation of financial conditions considers impacts on economic demographic trends and is a useful management tool. She reported property values in the City have grown slightly and per capita taxes collected have decreased each year since 1991. The Federal Government uses 1983 as the base year when computing the CPI (Consumer Price Index). Constant dollars, calculated by using the adjusted inflation rate, also are measured against 1983. Based on constant dollars, property values have decreased during the past 10 years though a slight increase occurred between 1995 and 1996. The City Manager indicated values have not kept pace with inflation. In constant dollars, expenditures have decreased. Clearwater's population has increased steadily, but at a rate less at 6,000 over 10 years. Ms. Wilson said the number of City employees has grown from 1,596.8 in FY (fiscal year) 1983/84 to 1,682.4 in FY 1996/97 while the number of new program positions has increased by 224.2. Since 1987, the number of employees has remained at 1.6 per 1,000 residents. In response to a question, Ms. Wilson will report on the Statewide average for cities with populations of 100,000. Ms. Wilson said long term debt, which includes the Police Department bond issue, is less than 2% of assessed values and well within the benchmark of 10%. She reported the trend regarding accrued compensated absences has reversed. She expected the negative trend to continue as recent caps should slow accrual rates. General fund unappropriated retained earnings of $9.5-million are 13.5% of the operating budget. The City Commission has directed that earnings not drop below 10% of the operating budget. Ms. Wilson said forecasting is usually accurate within 2 to 3 percentage points. Based on status quo expenditures and income, the forecast indicates a $103,435 deficit in FY 1997/98, a $800,129 deficit in FY 1998/99, and a $1,597,642 deficit in FY 1999/00. Projections are based on an additional $240,000 in EMS taxes, $40,000 for reimbursement from the Pension Plan for administrative work, a 5% increase in occupational licenses, $78,000 due to increased handicap parking enforcement, and COLA increases of 2.5%. No final estimates are available from the State or Florida Power. The City Manager noted labor union discussions have not begun regarding the COLA and salary adjustments. In response to a question, Ms. Wilson said plans are to increase fees for occupational licenses by 2% in FY 1997/98. Ms. Wilson noted revenues from parking fines and penalties have dropped due to the warning program on the beach. In response to a question, she said property taxes are forecast to increase an average of 0.5% annually based on past year performances. A chart of City reserves in constant dollars was requested. It was noted a status quo budget will not address the myriad of requests the City has received. The City Manager reviewed department input in the budget process. Each department considers their mission as it relates to the Vision Statement. Requests for reductions and justified enhancements are brought forward in April. Ms. Wilson suggested community meetings could be scheduled for public input and to provide the City Commission an opportunity to share the Vision Statement and strategies regarding CIP and Penny for Pinellas projects. In response to a question, Ms. Wilson said it is too early to predict how much of a millage increase is needed. It was suggested meetings be held in Countryside, East Clearwater, and downtown. It was recommended neighborhoods be posted regarding the meetings. The Commission recessed from 10:16 a.m. to 10:29 a.m. Performance and Behavior Management Program Human Resources Director Mike Laursen said over the past year, during reengineering, staff developed the Performance and Behavior Management Program which is consistent with the City's values and mission statement. Previous guidelines, developed in 1978, were based on a progressive process related to the seriousness of infractions. Level 1 infractions, such as tardiness, were subject to a reprimand, while Level 5 infractions, such as theft, resulted in termination. Guidelines were well communicated to staff and allowed consistency between departments. However, consequences were punitive and did not work to modify behavior. The "Performance and Behavior Management Program" is scheduled for implementation on October 1, 1997, replacing the current "Guidelines for Disciplinary Action." Under the new program, the City will provide intervention, coaching, and corrective guidance which encourages employees to recognize inappropriate behavior and/or poor job performance. The City will provide "reasonable opportunities" for employees to take positive corrective action and to demonstrate continued respect for the Principles of Operation and Primary Organizational Values. Packets of information were distributed. OED (Organizational & Employee Development) Specialist Cynthia Bender reported all managers and supervisors will participate in training programs prior to implementation. Two inserts in Reflections are part of the education process. Ms. Bender reviewed the program's development through Human Resources, interdepartmental teams, and focus groups. Human Resources Manager Susan Highsmith said staff reviewed programs used in private industries and other municipalities. Ms. Bender said standards were built on broad categories represented by the Primary Organizational Values: 1) personal responsibility: 2) integrity; and 3) excellence. Under the program, employees are responsible for their performance and will be expected to work with their supervisors to change behavior and meet standards. Department standards have been developed. Some are the same in all departments. Ms. Bender reviewed the three-part formal training program whereby supervisors and management learn to identify behaviors, compare them with established standards, and work with employees to develop action plans that address existing gaps and help employees to perform successfully. The 3rd class covers coaching and counseling skills. Sessions also are planned for employees. Information will be distributed in a variety of ways. After implementation, Human Resources and OED will continue support, feedback, information dissemination, and training. In response to a question,, Ms. Bender said most expenses to implement this program, except for printing, are budgeted through OED. OED Director Pam Skyrme estimated the consultant who helped develop the program cost $7,000. In response to a question, regarding the EAP (Employee Assistance Program), Ms. Highsmith said CCCS (Consumer Credit Counseling Services) provides free budgeting sessions for employees. Another EAP is available through PSS (Professional Psychological Services) for mental health problems. All information is confidential. The first 3 sessions are free. Additional sessions charge a co-pay of $10. This service is bid out every 3 years. It was questioned how benchmarks will be established to determine the success of the new program. Ms. Highsmith said Human Resources tracks all issues related to discipline. It was suggested supervisor intervention could be used as a benchmark. Ms. Bender said feedback will be used to modify and improve the program. It was recommended that employees who disagree with their supervisors be provided an avenue to address concerns. Ms. Bender said employees can address concerns with Human Resources or OED. In response to a question, Ms. Bender said the training program includes homework, practice between sessions, and a practicum to hone skills. It was felt refresher courses are key to the program's success. Ms. Bender said supervisors also can get advice from Human Resources or OED. Concern was expressed some supervisors are not well trained regarding maintaining employee personnel files. It was recommended this information be addressed in supervisor training. Ms. Highsmith said official personnel files are maintained in Human Resources. Information in this permanent file must remain there for 50 years. Focus group employees recommended against including action plans in permanent files as negative information will remain even if the action plan is completed successfully. According to the Legal Department, items can be removed from an employee's department personnel file when the administrative value is gone. Paperwork is forwarded to Human Resources when problems are not resolved. The City Manager indicated the City Clerk Department is working with outlying departments to purge all files of unnecessary paper. Last year, all departments received a memorandum regarding file retention requirements. Ms. Skyrme said information regarding the Performance and Behavior Management Program has been distributed to the unions for review. OED and Human Resources intend to provide as much support as possible. She said intervention is intended to help employees be successful and result in fewer discipline actions. She said the number of interventions is not important as long as outcomes are positive. The program identifies expectations and provides counseling. Counseled employees who make no effort to improve will be terminated. City Manager Verbal Reports QTI Incentive Program Under the QTI (Qualified Target Industry) tax refund program, local governments can partner with the State to attract value-added businesses. To qualify a company must: 1) create at least 10 new jobs. (Existing companies must expand by more than 10%); 2) pay average annual wage, excluding benefits, equal to 115% of area's average wage ($15.13/hour). The Pinellas County average wage is $13.16/hour; 3) prove jobs created will significantly contribute to area economy in targeted industries (retail businesses do not qualify); 4) demonstrate tax refund is necessary for company's location to Clearwater or local expansion; and 5) apply for benefits prior to decision to locate or expand here. The maximum refund of State taxes is $5,000/job over 5 years with payout starting after year one. The maximum local grant would be $1,000/job over the span of the agreement. Under certain conditions, Pinellas County would agree to pay half the local share. Annual refunds are limited by funds in the State's Economic Development Incentives Account. Refundable State taxes include corporate, income, sales, excise, ad valorem, and documentary stamp taxes. To participate, the City must commit to match the State's tax refund on a 1:4 basis and the City Commission must pass a resolution supporting the application and pledging its share of the refund. Assistant City Manager Bob Keller said the State does not offer an incentive system for job creation. The City recently took advantage of the State's limited revenue bonds. As all salaries are averaged, high-paid executive salaries could skew the salaries paid other employees. He said Pinellas County has indicated they will participate only if companies commit to creating at least 50 new jobs. The County may increase their flexibility regarding this issue. He said the program is not in jeopardy although Enterprise Florida, which oversees the program, is undergoing legislative scrutiny. Mr. Keller recommended the program, indicating it may be a reasonable investment if the tax base and employment are increased. At this time, no company has applied to the City for this program. He said other jurisdictions have used this program successfully. To qualify, the City must submit an application to the State which administers the program. In response to a question, Mr. Keller said the program would be applied with discretion to avoid companies that qualify by paying minimum wage and averaging in high executive salaries. He will report if State intangible taxes are included. In response to a question, Mr. Keller said applications are public record. The application is not onerous. In response to a question, Mr. Keller said a budgetary cap is the only limit to the number of employees one company can qualify. He suggested the City's contribution could come from the General Fund. No local taxes are impacted. Consensus was to participate in the QTI incentive program. Commission Discussion Items 1997/98 Budget Process a) Public Input Meetings Community budget meetings were scheduled for May 21, 1997, at 7:30 p.m., May 27, 1997, at 7:00 p.m., and May 29, 1997, at 7:00 p.m. Locations to be announced. b) Preliminary consideration of budget enhancements A meeting to consider budget enhancements was scheduled for May 5, 1997, at 9:00 a.m. c) CIP Meeting A meeting to discuss the CIP was scheduled for May 13, 1997, at 9:00 a.m. First Saturday Program Commissioner Clark proposed, on a 6-month trial basis, to open City Hall to the public from 9:00 a.m. to 12:00 noon on the 1st Saturday of the month, beginning May 3, 1997. According to the City Manager's March 27, 1997, memorandum, staffing would include: 1) one Commissioner on a rotating basis; 2) the City Manager; and 3) one staff member from the City Manager’s Office. Information Management would provide a public notification strategy including C-View TV, bill stuffers, press releases, etc. Pros include: 1) Commissioners meet with citizens whose schedules do not permit them to meet during normal work days; 2) Commissioners able to inform citizens one-on-one regarding City and neighborhood projects; and 3) Commissioners able to tackle issues face-to-face. Cons include: 1) time constraint on active calendars; 2) way for some citizens to monopolize Commissioner's time; 3) need to adjust office schedule for staff to attend on Saturday; and 4) need for Commissioners to compile follow-up information. The City Manager said the program will have no costs besides marketing expenses. She recommended limiting meetings to 15 minutes or less. It was suggested Commissioners attend the Farmers Market and park celebrations for citizen input away from the formality of City Hall. The Commission recessed from 11:56 a.m. to 12:04 p.m. It was suggested a pilot program should not begin in summer. Opposition to the proposal was expressed, stating additional meetings are unnecessary as Commissioners already meet with all interested citizens. It was felt the additional expense and burden to employees is not justified. Support of a trial program was stated, noting citizens would be provided another opportunity to meet with Commissioners. It was questioned if appointments will be scheduled. It was noted some citizens may wish to remain anonymous. It was suggested citizens can take a number or leave their names at the reception desk. It was recommended meetings be limited to citizens, property owners, and business owners. The majority agreed to begin a pilot "First Saturday" program on September 6, 1997, between 9:00 a.m. and 12:00 noon. Commissioner participation will be voluntary. Meetings will be limited to 10 minutes and open to all interested parties. Post Vision Roll-Out Meeting with Department Directors The City Manager said the Department directors will provide feedback regarding the Vision Roll-Out on April 30, 1997. It was noted follow-up also is needed regarding employee requests expressed at Vision Roll-Out presentations. Those issues will be addressed at the April 3, 1997, strategic planning session. City Manager Search Meeting Dates The City Manager said Bob Slavin has scheduled final candidate interviews for the City Manager position on April 25 and 26, 1997. After the interviews, the City Manager suggested the City Commission select 1 or 2 candidates to continue the process, including further research and visiting current work sites. Saturday's interviews are scheduled to be broadcast live on C-View TV at 10:00 a.m. Setting deadline for submission of material from the public re items on the agenda A commissioner suggested a deadline be set for submission of material by the public. In response to a question, the City Attorney said changes to quasi-judicial procedures must be done by Ordinance, noting the City Commission has 30 days to render a decision following such proceedings. It was suggested the recommendation is not user friendly. It was felt Commissioners need time to review and process background information prior to the discussion. The City Manager recommended the Public Hearing notice state that background materials must be submitted on the Monday prior to City Commission meetings if presenters wish them considered by the City Commission. The notice could indicate Commissioners do not have time to review materials distributed at meetings. The City Clerk expressed concerns regarding the proposal. A written staff recommendation was requested. US 19N Design Study Commissioner Clark said in April, the MPO (Metropolitan Planning Organization) will consider the final design for the Drew Street/US 19N interchange. He indicated information distributed at the March 10, 1997, Public Information Open House is technical and difficult to understand. The current recommendation is for 6 through lanes and 4 service road lanes. He expressed concern southbound motorists will have to decide to exit onto SR 60 (Gulf-to-Bay Boulevard) by the time they reach Carpenter Field. The recommendation includes no upgrade for the SR 60/US 19N intersection. Lanes will be 11 feet wide. It was recommended the intersection be better planned than the one at Enterprise Road and US 19N. Mr. Baier reported construction is in progress at that intersection to allow through traffic on Enterprise Road. Staff was requested to monitor the project so the design is not similar to the current northbound on-ramp to US 19N from Countryside Boulevard. Mr. Baier expressed concern the plan does not include an important design element, side street improvements such as extending left turn lanes, etc. He said the recommendation supports keeping the roadway within the current 200 foot right-of-way. This design is the most economical as additional, expensive right-of-way will not have to be purchased. It will be difficult to sign the many major interchanges within several miles. Interchange design difficulties are related to Drew Street's location so close to SR 60. Traffic will not exit directly off US 19N onto SR 60 as it currently flows. A frontage road will connect Drew Street and SR 60. Traffic will be unable to traverse US 19N from Druid Road to Seville Boulevard. Turn around will be possible at Harn Road. Mr. Baier said US 19N is evolving to a limited access facility. The road carries more than 80,000 vehicles daily. Consensus was to accept the recommendation. Staff was directed to follow through on side street improvements and to keep a close eye on design issues. Staff was complimented regarding the beneficial new signs designating upcoming major intersections. Concern was expressed rail plans need to be coordinated between Hillsborough County and Pinellas counties. It was recommended the MPO work congenially with Hillsborough County regarding future regional transportation needs. It was stated the MPO plan for a monorail along the Pinellas Trail allowed no input from PSTA. It was agreed inter-county cooperation is needed. City Hall Open House The City Manager reported the next Work Session is scheduled for City Hall. Affected City departments will be closed on April 11, 1997, while staff moves their offices back to City Hall. City Hall will be open for business on April 14, 1997. An open house for City Hall was scheduled for 5:00 p.m. on April 17, 1997. Other Commission Action Commissioner Hooper noted a recent legal opinion indicated a second public hearing is required for ranking the FBO (Fixed Base Operator) applicants. The City Attorney said the Airport Authority must discuss the rankings at a publicly noticed meeting. The recommended rankings will be presented to the City Commission for final approval. Commissioner Hooper noted Mayor Garvey's term on the PAC (Pension Advisory Committee) expires soon. The City Clerk said the item will be agendaed this week if the term expires prior to the next City Commission meeting. Commissioner Hooper referred to a letter from the Coalition of Homeowners. He noted the development on Drew Street will provide affordable housing, not low income housing. Staff is preparing a reply. Commissioner Johnson requested additional information regarding the water fronts program. Staff will research. Commissioner Johnson said the new freestanding sign for the Harborview Center is poorly designed and inappropriate. He questioned if the sign's readability can be improved and size enlarged to better match the facility's proportions. Commissioner Johnson congratulated the City on being named a Tree City USA. Commissioner Johnson supported the MPO designation of a Pedestrian Awareness Day. Commissioner Johnson congratulated Internal Audit Director Dan Katsiyiannis for collecting $96,000 from AT&T. Commissioner Johnson said the City seems to be involved in a great deal of litigation recently. The City Attorney referred to letters from John Maguire, indicating the City is not involved at this point. Commissioner Seel requested a report on the pilot program that opened some City recreation centers on Sundays. Commissioner Seel questioned what steps have been taken regarding the striking similarity between the Police Department's Bicycle Patrol uniforms and those of a private organization's bicycle patrol. The City Manager will discuss this issue with the City Attorney. Adjourn The meeting adjourned at 12:58 p.m.