06/02/1997CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
June 2, 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
Gwen Legters Board Reporter
The meeting was called to order at 1:30 p.m. at City Hall.
PRESENTATIONS
Clearwater Homeless Intervention Project (CHIP)
Police Chief Sid Klein introduced Terry Hammond, CHIP Executive Director. He said the soup kitchen will open June 9, 1997. Mr. Hammond will form a neighborhood advisory committee
to CHIP. Chief Klein reviewed estimates for shelter construction, stating additional funding of $55,000 is needed from the City. Pinellas County has authorized $100,000 in matching
funds. He said CHIP can make up the $13,794 shortfall.
City Manager Deptula noted the Commission had concerns regarding continuing operating costs. A specific term, such as three years, had been suggested. A special government program
fund consisting of restricted funds the City receives for grants and donations has generated interest, resulting in about $400,000 unallocated funds available to the City Commission.
She suggested the Commission appropriate $55,000 to add to the $45,000 promised by the CBDG. She recommended the Commission take $300,000 allocated to the special project, allowing
CHIP to draw down $100,000 at the beginning of each year for three years, similar to other social service organizations. Ms. Deptula responded to questions regarding her recommendation.
Chief Klein stated the police substation receives Federal grant funding and is not part of this program.
Commissioners felt the condition for a three year trial period imposed by the Planning and Zoning Board was fair. Surrounding communities were encouraged to participate. It was felt
the program will be successful and Chief Klein was complimented or doing a good job. In response to a question, Chief Klein stated St. Vincent De Paul is donating the land and will
likely make financial donations. He will seek donations throughout the community and believed three years is reasonable trial. Mr. Hammond briefly explained his marketing strategy,
stating it will take more than two months to get the program up and running. Ms. Deptula asked the
Commission to approve $55,000 at Thursday's meeting. The operating money would be part of the regular budget. Chief Klein stated construction will take six to nine months and they
are ready to award the bid, pending confirmation funding is in place. Consensus was to add this item to Thursday's agenda.
PUR PURCHASING
Three 1997 Dodge Ram passenger vans (additional units), Regency Dodge, Inc., $59,337 (GS)
In response to questions, Chief Klein said the Police Department currently has two vans; one in each of the East and West districts. Three new vans are requested for three other Police
districts, for use by Police Service Technicians during accident investigation, and as paddy wagons. The Police Department will fund one unit; two are grant funded.
FN FINANCE
Payment of $28,500 to David Ford for complete settlement of workers’ compensation claims (Consent)
The claimant alleged he sustained a work-related heart and lung injury as a result of multiple chemical exposures while employed as a City spray technician. He resigned on November 17,
1995, upon being diagnosed with end-stage congestive heart failure, which caused total disability. He applied for a work related disability pension. A non-work related disability pension
was awarded, with the right to present additional evidence to establish entitlement to a work related disability pension at a future date. The City of Clearwater has denied Mr. Ford's
entitlement to workers' compensation benefits as Risk Management does not believe credible evidence exists to link Mr. Ford's condition with his chemical exposures at work. Risk Management
believes Mr. Ford's condition relates to pre-existing hypertension, family history, and medical non-compliance. The City is actively defending the claim, at an ultimate cost to the City
in excess of $35,000. If the City is ordered to provide worker's compensation benefits to Mr. Ford, the ultimate cost to the City is expected to exceed $300,000.
Concerns were expressed the claim has nothing to do with the claimant’s entitlement to apply for work related disability. Leo Schrader, Risk Manager, stated this workers’ compensation
claim has no impact on disability pension. He noted the City has little control in worker’s compensation cases because the final outcome is in the hands of the court. While it was
agreed the cost of settlement is less than the cost of proceeding with the case, one Commissioner philosophically opposed the item. Concern was expressed a finding the disability was
job connected would give credence to the worker’s compensation claim. General discussion ensued. Mr. Schrader stated worker’s compensation and job related disability are separate issues.
City Risk Management does not feel the claimant has grounds for job connected disability, and was informed Mr. Ford will accept the worker’s compensation settlement. One Commissioner
noted Mr. Ford would have qualified for 75 percent disability if he had filed his claim before changes to the pension ordinance.
PD POLICE
Expenditure of $16,358 from Police Department’s operating budget to implement a Volunteer Handicapped Parking Enforcement Program (Consent)
Handicapped space and fire lane parking violations have been the subject of frequent complaints, but are difficult to enforce due to the volume of higher priority calls and their wide-scattered
locations throughout the City. At the suggestion of the City Commission, the Police Department explored development of a volunteer program similar to those instituted by the St. Petersburg
Police Department, Hillsborough, and Palm Beach County Sheriff's offices. Clearwater's program will provide more consistent enforcement by supplementing the current personnel deployment
with specially trained citizen volunteers. The program will be open to all citizens, including the disabled. Volunteers will be trained and State certified as parking enforcement specialists,
having the ability to write and issue parking citations. The radio-equipped volunteers will assist the Police Department, reporting suspicious activity, much like a "roving neighborhood
watch." The program will consist of 20 volunteers who will attend a 40 hour training class. Volunteers will be used only during daylight hours.
In response to questions, Chief Klein said he anticipated program revenue will exceed $78,000 per year, assuming the program generates 25 handicapped parking citations per week, one
citation per shift. It was noted mileage is not paid to other City volunteers. Chief Klein responded the volunteers are not compensated, but are paid mileage, similar to what is done
in other cities. Ms. Akin said the City assumes liability, but the volunteers are held responsible for certain things, regardless of liability. Volunteers do not have to be paid to
receive worker’s compensation. Consensus was to schedule a presentation early on Thursday night’s agenda. It was indicated volunteers will have authority to enforce parking on public
or private property, anywhere appropriately striped handicapped parking spaces or fire lanes exist. It was questioned whether revenue from fire lane citations was included in the calculations.
A structured activity schedule will be used.
PR PARKS AND RECREATION
C.O.#5 (Close-Out) for Carpenter Field Clubhouse Renovations to Oakhurst Construction Co., Inc., $8,049.86, for total $680,206.86 (Consent)
The City Commission awarded a $621,647 renovation contract to Oakhurst Construction Co., Inc., on June 20, 1996. Three change orders totaling $25,570 were approved on October 3, 1996,
for concrete slab removal and replacement; a roofing system; and cast iron sewer line replacement. The City Manager administratively approved a $24,940 change order for drive, sidewalk
and elevation improvements west of the clubhouse building, and to complete locker refurbishment. Work was completed in time for the Phillies to occupy the building for 1997 Spring Training.
The final close-out change order for $8,049.86 will take care of several minor items that needed adjustment in order to complete the project.
In response to questions, Ms. Deptula said this item was not approved in Change Order #4, as the City Manager can only approve up to $25,000. In response to a concern some of these
costs should have been included in the original contract, Parks and Recreation Director Ream Wilson said several items were not evident before demolition. One Commissioner said the
renovation was beautifully done, but the contractor, should be held responsible for some of the costs.
Discussion ensued regarding negotiations for the City to assume responsibility for the cost of ball field maintenance at St. Petersburg Junior College. In response to a concern the
college was supposed to pay a percentage of maintenance costs based on usage, Mr. Wilson said the percentage the college will contribute is a negotiating point. As the college would
have to rent a field if this one were not available, the City is asking for field maintenance reimbursement in the amount the college would otherwise have to pay for field rental. He
said the college will still own the land, and will be responsible for any future problems with underground contamination. Consensus was to direct staff to proceed with negotiations.
EN ENGINEERING
Public Hearing & First Reading Ord. #6147-97 - Vacating 3’ drainage easement lying along west side of Lot 40 and City’s request to vacate 3’ drainage easement lying along east side of
Lot 39, Brentwood Estates, less southerly 10’ (Chandler, V97-04)
The applicant is requesting vacation of a 3 foot drainage easement lying along the west side of Lot 40, Brentwood Estates, less the southerly ten feet. The house was built 2.85 feet
into the easement in 1963. Prior to closing sale of this property, the applicant is being required by the title company to vacate that portion of the easement where the structure encroaches.
No City utilities are located within the easements to be vacated. Florida Power, General Telephone, GTE Americast and Time Warner have no objections. City staff concerned with easement
vacation requests have no objections. Engineering Services does not object and recommends vacating the drainage easement along the east side of adjacent Lot 39, less the southerly ten
feet.
In response to a question, City Engineer Rich Baier said the encroachment was not discovered when Mr. Chandler purchased the property because the City has no records prior to the mid
1970’s for residential property.
Contract for Clearwater Beach Elevated Tank Removal to Kimmins Contracting Corp., $41,754 (Consent)
This project includes demolition and removal of an elevated steel water storage tank and restoration of the Clearwater beach site. Periodic maintenance, cleaning, interior and exterior
painting are expected to cost more than $50,000. An evaluation on impact to the water supply determined the water system can support fire fighting capability without the elevated tank
in service. Continuing City improvements to the piping system will ensure adequate water pressure and supply. Proposed expansion of the reclaimed water system onto Clearwater
beach will reduce overall demand for potable water. Tank removal will eliminate long term maintenance costs. The project will start as soon as possible after contract execution and is
scheduled for completion within 120 calendar days.
Mr. Baier said the site would likely be seeded and mulched, after demolition, but future use of the land had not been decided. In response to Commissioners’ concern at the cost difference
among bids, Mr. Baier said he has had good experience with Kimmins.
Agreement with CSX Transportation, Inc., re Highland Avenue Widening Project, railway crossing replacement, est. $287,791.14; Res. #97-36- authorizing city officials to execute the agreement
The original item in June 1996, stated a new railway crossing would be constructed just north of Flagler Drive. In March 1997, Change Order #1 stated staff was processing an agreement
for a new crossing system to be brought forward when completed by CSX Transportation, Inc. A new railway crossing is required due to roadway widening and changes to the approach grades
at Highland Avenue. The proposed crossing will include new traffic signalization and rubberized panels adjacent to the rails to accommodate both vehicular and pedestrian traffic. Public
safety will be improved for pedestrian, bicycle and motorcycle traffic because the normal gap between the pavement and rail will be eliminated by placement of rubberized crossing pads
adjacent the rail. This feature is important at this location due to the shallow angle of the railway crossing in relation to vehicular movement on Highland Avenue.
In response to questions, Mr. Baier said it is normal for the City to pay the entire amount for crossing installation when required due to City roadway changes. CSX will pay the cost
of any other crossings in their plans. He believed the life of the proposed rubberized crossing material is ten years, given the heavy truck traffic on Highland Avenue. The material
is the best quality CSX would approve. A question was raised why the City is subject to sales tax by CSX. Mr. Baier will investigate. He said the estimate for the CSX and Highland
Avenue intersection is firm because he has gone over the line items to ensure nothing was left out. When it was uncertain what CSX would require, this item had been specifically pulled
from the Highland Avenue roadway improvement project to address at a later date. Funding for this item is coming out of the capital code for intersection improvements because the Penny
for Pinellas allocation was not enough to cover the $4 million Flagler Avenue redesign. Mr. Baier said Flagler Avenue will be the second change order. He clarified utilities are the
major issue in this item, noting complications with private utilities relocation have caused delays. The project is about 35 percent complete.
In a separate item, Mr. Baier was pleased to report, FDOT has consulted the City regarding repainting and signage improvements to the steel box beams over US 19.
Mr. Baier announced Saturday, June 14 will be a Stevenson’s Creek Clean-Up Day in the North Greenwood neighborhood. He distributed flyers and invited volunteers to attend.
CP CENTRAL PERMITTING
(Cont. from 5/15/97) Public Hearing - Land Use Plan Amendment to Commercial Neighborhood & CPD Zoning for property located on N side of SR590, approx. 700’ W of McMullen Booth Rd., Sall’s
Lake Park, Unit B, Tract B (Terepka, LUP97-02, Z97-03)
Mr. Shuford expected this item to be continued, pending reaching a compromise with the applicant.
The meeting recessed from 2:27 to 2:35 p.m.
Public Hearing & First Reading Ord. #6146-97 - amending Appendix A Schedule of Fees, Rates and Charges relating to Sec. 47.083(4)
An internal audit of the Central Permitting Department recommended the current policy of charging a fee for permit extensions be placed in the code. The fee allows recovery of some costs
to extend those permits for which construction has not commenced within the required six month period.
In response to a question, Mr. Shuford said it was recommended to state in the code that an internal procedure exists for permit extensions. He will copy the policy to the Commission,
and provide more information. He affirmed the fee is charged only if construction delays were caused by the builder.
Revised Commission policy regarding permit and application fee waivers
An internal audit of the Central Permitting Department recommended the need to identify what is meant by the City Commission policy concerning application fee waivers. Staff has applied
the policy to waive building permit, occupational license, plan review and zoning related fees, but not impact fees. Staff recommends revising the first sentence of the policy to indicate,
generally, building permit, occupational license, plan review and zoning related application fees will not be waived except for City projects and other governmental agencies.
Brief discussion ensued regarding whether certain agencies could be considered governmental, for the purpose of fee waivers.
Public Hearing - Res. #97-34 - relating to community redevelopment; finding existence of blight conditions in an area of the City known as Clearwater Beach; making certain findings and
determinations; authorizing appropriate officials to request delegation of redevelopment powers from Pinellas County
The City Commission has received a report indicating a portion of Clearwater beach meets the statutory requirement for designation of a community redevelopment area. Pinellas County
has no apparent philosophical objection to this concept. The proposed resolution is the formal initiation of the CRA process. Future agenda items will involve consultant selection to
assist in development of a CRA plan, public review and creation of the CRA plan, and adoption of the CRA plan and transmittal to Pinellas County. Staff recommends adoption of the resolution
as this redevelopment tool will provide opportunity to build the growing community consensus on Clearwater beach, provide a funding source for beach infrastructure improvement, and provide
planning services to better direct public and private investments.
In response to questions, Mr. Shuford said the first step is not formation of a CRA, but creation of the plan. He gave a general overview with regard to public input, scope of the
work, time frame for the CRA, concerns that monies collected on the beach should stay on the beach, importance of preplanning, and difficulties associated with the statutory requirement
to declare a state of blight, when it is actually infrastructure in need of improvement that qualifies the beach for a CRA. He listed reasons a beach CRA would be successful, explained
the location
and role of the Jim Gray property in development of the CRA, and discussed life of the CRA in relation to bond projects.
Concern was expressed a USF student prepared and presented to the Tampa Bay Regional Planning Council his Master’s thesis for a model Clearwater beach CRA plan, without the City Commission
having been aware of the thesis. Assistant City Manager Keller said scheduling difficulties prevented the student from appearing before the Commission today.
CM ADMINISTRATION
Approve transfer of $241,000 from General Fund to Municipal Services Complex (Project 94602) for funding of other non-construction expenditures; approve transfer of $241,000 in interest
earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds,
previously budgeted to be funded from General Fund revenues
The Improvement Revenue Bonds, Series 1995, were issued in an amount of $10,720,000, equal to the expected cost of the Police portion of the Municipal Services Complex less the costs
of issuance. From the time of the bond issuance in February 1995 through May 1997, the unspent bond proceeds earned $690,538.60 interest which was deposited in the Bond construction
Fund. A total of $100,000 in interest earnings was previously allocated to fund the hiring of High-Point Rendel for project consulting services. A balance of $590,538.60 was unallocated.
Principal and interest payments on the Improvement Revenue Bonds are approximately $560,000 per year. The interest earning on the bond proceeds are legally restricted to be used only
for construction costs on the Police portion of the complex, or to pay principal and/or interest on the bonds. Non-construction expenditures relate to the project as a whole, but only
a portion of these costs (Police) could be directly funded from interest earnings on the bonds. Transferring $241,000 of interest earning to the Debt Service Fund to pay principal and
interest on the bonds will allow for a $241,000 reduction in transfers of General Fund money to the Debt Service Fund. A third quarter budget amendment will be made to reduce General
Fund debt service transfers by $241,000 and increase transfers to the Capital Improvement Fund by $241,000. The Design Construction Team originally planned to incorporate $241,000 of
non-construction items in the project budget, but it has become necessary to fund those expenditures from another source. This agenda item proposes to increase the total project budget
by $241,000.
The City Manager and Acting Assistant City Manager William Baird reviewed the item. One Commissioner commented transferring the same amount of money around so many times gives the
appearance of a shell game. Ms. Deptula clarified the accounting, explaining how the $241,000 was transferred from one pot to eliminate the General Fund having to pay the interest.
Discussion ensued regarding why bonds were not issued. Ms. Deptula said the issue is more complicated than it needs to be due to restrictions on use of interest earnings. A question
was raised why the utility billings have decreased from what was projected in November. Mr. Baird will investigate. A question was raised why impact fees have been added to the totals
since November. It was indicated the policy discussed earlier in the meeting did
not allow waiving impact fees. In response to a question, City Attorney Akin stated a report on High Point Rendel will be issued soon.
It a separate item, Deputy City Manager Rice reported the City received a request from E. Ajamu Babalola on May 29, 1997 requesting early release of City funds for his program. As
timing of grant fund payments is very specific, Commission approval is needed to amend the agreement and authorize early payment. Discussion ensued regarding the stated reason for the
request, procedure for reimbursement grant funding, and Mr. Babalola’s cash flow management. The City Attorney did not recommended releasing funds 30 days early, stating the existing
agreement should be followed as written, or amended. Consensus was to follow the agreement.
CLK CITY CLERK
Community Relations Board - 2 appointments
City Clerk Goudeau reported two members of the advisory board have resigned. One name was submitted for consideration, but the volunteer’s related experience did not meet the specific
category needing to be filled. Consensus was to pull this item from Thursday night’s agenda.
OTHER CITY ATTORNEY ITEMS
Settlement of attorney fees - Abdullaj versus City
The City prevailed in this lawsuit alleging false arrest and civil rights violations and is entitled to attorney's fees and costs by the plaintiff. City Attorney Akin recommended accepting
the plaintiff's offer of a $10,000 settlement, as the City could spend several thousand dollars trying to collect the $40,000 due. In response to questions, she said many of Mr. Abdullaj's
assets are in the name of his family members and could prove difficult to collect. She estimated attempting collection would cost $3,000 to $4,000 plus collection costs, but did not
object to moving forward if that is the Commission's direction.
Planet Bubba - Order re appeal of Planning & Zoning Board’s decision (CU96-16)
The City Attorney submitted the final order for City Commission approval. The order reflects the Commission’s decision, the new conditions, and eliminates the previous conditional use
change of business ownership so this situation does not recur on this property. The business has not obtained the right-of-way agreement for parking on Florida Power property, but expects
to have it soon. The agreement was to have been obtained within ten days of the hearing, but the Commission has not since met to approve the order. She recommended approving the final
order on Thursday, the immediately move forward.
City Manager Verbal Reports
Ms. Deptula said staff continues to get letters from Island Estates residents requesting use of a certain parcel as a park. As Assistant City Manager Keller is in touch with the business
interests, she recommended delaying a presentation until the Island Estates reclaimed water
staging area is complete. Staff was requested to investigate a banner on a sea wall advertising construction of luxury townhouses.
Commission Discussion Items
Fluoridation of Pinellas County’s Public Water Supply
In a letter dated May 15, 1997, Pinellas County Administrator Fred Marquis requested the City’s position on public water supply fluoridation. In the letter he stated the Florida Department
of Health recently urged Pinellas county to support drinking water fluoridation. He noted the decision must be made by the total water community, and enclosed an overview of the issues
to help Clearwater reach this important decision. Commission discussion ensued regarding the issue. Consensus was to draft a resolution in support of fluoridation, for presentation
at the next meeting, to allow time for public reaction.
Set meeting date to hear Pinch-A-Penny appeal of Design Review Board denial of wrought iron enclosure & green coated fence
Concerns were expressed with Design Review Board recommendations concerning a wall and landscaping for the Pinch-A-Penny site. After discussion of the City Clerk’s advertising schedule,
consensus was to hold a special meeting on Wednesday, June 18, 7:00 p.m. at City Hall Commission Chambers.
Other Commission Action
Commissioner Seel congratulated the Parks and Recreation Department for its Rising Stars Basketball program.
Commissioner Seel referred to a May 23 City Manager report that parking meter and beach cashier revenues are up. She questioned whether revenues offset the good will program. Ms.
Deptula responded they do not, as parking revenues go into the parking fund; parking fines go to the General Fund.
Commissioner Johnson requested rescheduling consolidated plan visits to sites applying for CDBG funding.
Commissioner Johnson expressed concern with one Planning and Zoning Board member’s unruly conduct during public meetings, indicating two members have resigned as a result. He questioned
whether the Commission wished to look at the board to determine whether to ask for a resignation. It was indicated the Commission will have an opportunity to reconstruct the boards
when the Land Development Code rewrite comes forward in October. The City Manager said a program is being developed for board member orientation, to familiarize them with the City’s
mission and vision.
Commissioner Johnson thanked Tourism Director Jean Sherry for tourism data she provided.
Commissioner Johnson asked someone to explain the Harborview Center review recap. Ms. Deptula stated the report runs through March, 1997 and lists only the events, $695,000 in revenues
and expenditures of $370,000. The report does not include administrative costs or allocation of other costs. Staff was requested to ensure this item is scheduled for a status report.
Commissioner Johnson questioned whether the Keene Road extension will be realigned to meet the other end and whether the new palm trees along Gulf to Bay Boulevard will be disturbed.
Brief discussion ensued regarding impacts of the roadway extension on businesses in the vicinity.
Commissioner Hooper will try to attend presentation of the Larry Stevens Achievement Award to retiring Fire Chief Davidson in Orlando on July 17, 1997. He noted Chief Davidson’s name
will appear on the Hall of Fame plaque in Tallahassee.
Commissioner Hooper questioned whether Religious Community Services is requesting CDBG funds to purchase a house on Gulf-to-Bay Boulevard, and requested follow-up. Brief Discussion
ensued regarding the choice of location.
Commissioner Clark questioned why the mode of operation was changed on the electronic marquee at Harborview Center. Ms. Deptula responded it did not meet the sign code. Commissioner
Clark stated he has been approached by citizens wondering whether additional temporary signage could be allowed on the day of events. Staff will investigate. Commissioner Seel stated
she has received numerous citizen complaints regarding clarity of the sign. Commissioner Clark noted a steadily glowing message is easier to read.
Commissioner Clark requested Commission direction at the next meeting regarding whether to leave intact, or make fishing piers of the old Gandy Bridge. He wishes to forward the Commission’s
input to the MPO.
Commissioner Clark reported the CAC (Citizen Advisory Committee) has passed a resolution asking for pedestrian activated crossing signals where Pinellas Trail intersects major streets.
Brief discussion ensued regarding the issue. It was indicated the County should be asked to look into the matter.
Mayor Garvey expressed concern with a proliferation of banners. It was indicated the Community response team is investigating.
Mayor Garvey stated she cannot attend the Suncoast League of Municipalities meeting on June 19 and left information for any other Commissioner wishing to attend.
Mayor Garvey questioned when the Jolley Trolley’s annual report is scheduled, noting they may wish to make a presentation to promote public interest.
Mayor Garvey questioned whether the City has a hurricane recovery plan. She suggested a presentation regarding preparedness and recovery. The Mayor questioned what the Clearwater
Visitors Bureau is doing to assist those who speak other languages. Ms. Rice responded Mr. Goodloe will address evacuation and aftermath problems in the next fire program.
Commissioner Hooper reported he attended an emergency operations center drill last month.
Adjourn
The meeting adjourned at 3:47 p.m.