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12/06/1999CITY COMMISSION WORKSESSION CITY OF CLEARWATER December 6, 1999 Present: Brian J. Aungst Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant 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 9:00 a.m. at City Hall. Service Awards Six service awards were presented to City employees. Marcia Charlton, Marine Department, was presented the November 1999 Employee of the Month award. The Commission recessed from 9:06 to 10:47 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. PUR PURCHASING Scott Smith's Harley Davidson, five 2000 Harley Davidson Road King police motorcycles; declare surplus to city needs five 1999 Harley Davidson Road King police motorcycles and authorize trade-in to selling dealer (PD) Bulk Express, transportation & disposal of land clearing debris, 12/15/99-12/31/2000, estimated $38,350 (PW) Industrial Refuse Sales, 2nd & Final extension, compactor & roll-off containers, 12/10/99-12/31/2000, estimated $150,000 (SW) Don Reid Ford, eleven 2000 Ford Crown Victoria police pursuit vehicles (replacement) for use by Police Department, $268,655; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Tree-Line Sales and Service, 2nd & Final extension, inspection, certification & necessary repairs to crane trucks, bucket trucks & related equipment used by various departments, 1/1/2000-12/31/2000, estimated $40,000 (GSS) The Broyhill Manufacturing Company, one 2000 Broyhill Load-N-Pack model 80-HD refuse collection system (replacement) for use on Clearwater Beach by Solid Waste, $81,142.60; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Golden Triangle Portable Toilet Company, Inc., increase contract from $24,500 to new estimated $30,000, portable toilet rental & service during remaining portion of contract ending 12/31/99 (PR) Golden Triangle Portable Toilet Company, Inc., 1st of 2 extensions, portable toilet rental & service during 1/1/2000-12/31/2000, estimated $30,000 (PR) Lakeside Occupational Medical Centers, P.A., 1st of 2 extensions, pre-employment & annual physical examinations and random drug testing for all personnel except those in Fire Department, 1/1/2000-12/31/2000, estimated $56,000 (HR) Standard Insurance Company, 1st extension, long term disability insurance for employees not eligible for pension plan coverage during 1/1/2000-12/31/2000, estimated $30,000 (HR) Reliastar Life Insurance, 1st of 2 extensions, SAMP group term life insurance during 1/1/2000-12/31/2000, estimated $50,000 (HR) SFG Technologies Inc., maintenance & support of SFG and licensed third party programs to be supplied by SFG for SFG Utility Management System used by Clearwater Customer Service, 10/1/99-9/30/2000, estimated $45,000 Tampa Mack Sales, one 2000 Mack roll-off truck (previously approved addition), $94,650; funding to be provided under City's Master Lease-Purchase Agreement (SW) Kelly Temporary Services, 2nd & Final extension, temporary employment services used by all departments, 12/10/99-12/31/2000, estimated $45,000 (HR) Pride of Florida, extension, recapped heavy duty truck tires, 12/10/99-12/31/2000, estimated $50,000 (GSS) Brad Ragan Inc., 2nd & Final extension, tires, 1/1/2000-12/31/2000, estimated $200,000 (GSS) Jeffry Knight Inc., d/b/a Knight Enterprises, installation of gas mains & service lines and house piping installation throughout gas system service area, 1/1/2000-12/31/2000, estimated $585,000 (GAS) In response to a question, Purchasing Manager Bill McKibben said some contracts, such as one with Kelly Temporary Services, were extended to the end of the month for uniformity. In response to a question regarding the two contracts for portable toilets, Mr. McKibben said staff recommends increasing this year’s contract and extending the contract one-year to cover the number of toilets required for the growing number of events planned for next year. The City Manager reported the City will be reimbursed for all related expenses. In response to a concern that SFG Technologies is not a U.S. Company, the City Manager said the City already had purchased some software from this company. Mr. McKibben said while the City incurred costs, pricing was not available for services related to this brand new product. BU BUDGET Budget and Financial Policies Budget Director Tina Wilson reviewed policy changes. She said the City’s 10-year road resurfacing program is intended for major intersections. Staff recommends no changes to the utility transfer payment in lieu of taxes, the interfund administrative charge, nor the gas fund. In reference to general fund reserves, Ms Wilson said current Commission policy requires a 10% reserve. A survey of 23 cities indicated 87% had a reserve policy. While a quarter of surveyed cities with policies require general fund reserves to be greater than 10%, almost half of subject cities require levels below 5%. Larger cities have greater flexibility and maintain lower reserve levels. The current reserve is budgeted at 8% and staff recommends amending the policy to require an 8% general fund reserve. It was noted interfund issues are related to administrative policies, which require annual validation as part of the budget process. It was stated staff’s recommendation represent a positive step toward refining policy. ED ECONOMIC DEVELOPMENT Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal streets and rights-of-way in the City of Clearwater as a means of providing telecommunication service; prescribing terms and conditions accompanying the Grant of Franchise KMC Telecom III, Inc. has requested a franchise from the City to provide telecommunications services to business customers in Clearwater. The firm is constructing a fiber-optic sonet based network. Most lines will be hung from existing poles. Pursuant to Florida Statutes and the City’s Code of Ordinance, Clearwater has the authority to grant a telecommunications franchise. The proposed 10-year, franchise agreement is non-exclusive. KMC Telecom III, Inc., will obtain all permits required of franchisees for this purpose and shall pay a monthly franchise fee of 1% of the local recurring revenues. In response to a question, Assistant City Manager Bob Keller said the firm first plans to provide telecommunication services to office parks along US 19. Wires will be hung from existing poles and buried where utilities are underground. A map will be provided on Thursday. The firm plans to provide commercial services rather than residential. The firm will not offer cable services . Concern was expressed cable service is needed downtown. Mr. Keller said staff, in partnership with downtown merchants, are working on this issue. It was noted costs related to downtown cable installation are high and serve few users. Concern was expressed downtown business needs for high-speed Internet access are unmet. The City Manager said competitive office buildings could provide these services through satellite feeds or by other means. Agreement with Greater Clearwater Chamber of Commerce The City and Greater Clearwater Chamber of Commerce have agreed that at the Chamber’s business location, the Chamber will provide visitor information services to include preparation and distribution of visitor guides, advertising, telephone service and its attendant costs, and operation of the tourism web site. The tourism operation budget has approximately $15,000 available. The $155,000 balance will be provided by first quarter budget amendments transferring $103,000 in savings from the City Manager’s office due to the vacant Deputy City Manager position, and transferring $55,000 from the Human Relations program from savings generated by moving the compliance program to Pinellas County. The Chamber shall furnish the City with a monthly activity report and shall make available accounting records of costs expended on behalf of the City at reasonable request from the City. AND Agreement with Clearwater Beach Chamber of Commerce The City and Clearwater Beach Chamber of Commerce have agreed that the Chamber will act as the City’s agent regarding all matters pertaining to the Beach Visitor Information Center at the Clearwater Marina. The Chamber shall provide visitor information services to include payroll, scheduling, maintaining employees, supplies, materials, and furnishings. The tourism operation budget has $25,000 available to fund this agreement. The Chamber shall provide an accounting of said funds and furnish the City with a monthly activity report on behalf of the City. It was stated this public partnership with the private sector will save Clearwater $100,000 annually. In response to a question, the City Manager said a quarterly review is planned to determine if the program is successful and meeting tourism needs. It was felt due to this year’s elimination of the tourism department, the City should be under future obligation to fund this program. The City Manager said the City Commission is responsible for decisions related to the visitors’ center and tourism services. The Commission recessed from 11:28 to 11:48 a.m. HR HUMAN RESOURCES First Reading Ord. #6480-00 - amending City Code of Ordinances and amending City of Clearwater Money Purchase Pension Plan Document, to provide for loan provisions for plan participants Staff recommends adding loan provisions to the Money Purchase Pension Plan to allow plan participants the option of taking loans from vested employer contributions. These loans will be allowed for hardship and specified situations only. Covered circumstances include, but are not limited to unreimbursed medical expenses of participants or their immediate family, establishing or substantially rehabilitating the participant’s principal residence, and paying for a college education, including graduate studies, for participants and/or dependents. Participants may receive one loan per calendar year, and have only one outstanding loan at a time. This change will not incur any cost to the City. It was noted this item is not related to the City’s Pension Plan but benefits employees not in the City’s Pension Plan. In response to a question, Human Resources Manager Cindy Bender said ICMA, not staff, would administer the program and process paperwork at no cost to the City. In response to a question, the City Attorney said administrative costs are paid from employee accounts, not contributors. Ms. Bender said criteria for loans are based on events prescribed by the IRS. PD POLICE Accept grant from U.S. Department of Justice/Office of Community Oriented Policing Services (COPS) for period 9/1/99-8/31/2002, in the amount of $375,000 The Police Department will use this grant to hire 5 new full-time police officers for a community policing team of 1 sergeant and 4 officers. The team will be assigned to the beach during peak season and rotated to other neighborhoods during the rest of the year. The team has been selected and trained for this assignment and has been briefed regarding criminal activity related to tourist season, traffic problems associated with construction projects, and other issues unique to the beach community. These grant positions will fill vacancies in the patrol division related to the creation of this beach team. Under the COPS Grants Program, the 5 referenced positions must be retained for one fiscal year beyond the conclusion of the grant period. The department will budget to continue these positions and meet grant requirements. Projected salary and benefit costs benefits for the 5 positions will total $222,319.95. Clearwater’s award allocation from the US Department of Justice/COPS totals $375,000, and requires a $206,732.55 match: 1) Year 1 - $54,121 match; 2) Year 2 - $67,743.75 match; and 3) Year 3 - $84,867.80 match. Matching funds of $101,122.19 were transferred from the FY 1998/99 Police Department’s operating budget through a third quarter budget adjustment. The additional $105,610.36 match will come from the department’s Investigative Cost Recovery fund. The initial cost to equip the police officers will total $50,000, a one-time expense that covers uniforms, weapons, radios, bicycles, and computers. Funding will be provided by the Department of Justice’s FY 2000 Local Law Enforcement Block Grant Program to be awarded in January 2000. In response to a question, Police Chief Sid Klein said the department has 10 less positions than last year. With required salary savings, the additional 6 positions still leaves the department short 11 positions. In response to a question, he said related equipment will be funded by another grant. Presentation – Homeless Issue Briefing Police Chief Klein said all cities face homeless issues. CHIP (Clearwater Homeless Intervention Program) provides a helping hand to homeless individuals. While Pinellas County has an average of 3,200 homeless individuals each day, the 19 shelters only have 614 beds. He introduced CHIP’s Project Director is Carole Ciokiewicz and reviewed the program’s background and collaboration with social service agencies such as the St. Vincent de Paul soup kitchen, Salvation Army, the Clearwater Police Department, which maintains an on-site substation, Pinellas County, Veterans Administration, Gulf Coast Legal Aid, Community Pride Coordinated Child Care, etc. Since the shelter opened in April 1998, it has served more than 15,000 individuals. An average 75 daytime clients receive services including clothing, sandwiches, medical counseling, referrals, laundry, etc. The average stay is 8 days. Individuals work with a caseworker to develop a plan to find employment and locate a permanent residence. The downtown is primarily impacted although an increase of related problems have been reported in the City’s eastern section and on the beach. The shelter provides a more effective deterrent to homelessness than law enforcement. He recommended the current program be maintained. Operating costs of FY 1999/2000 are budgeted at $326,000. Grant funds are diminishing while operating costs and client rates are increasing. He expressed the need for foundation funding or corporate sponsorship. Police Chief Klein recommended the program be expanded to provide transitional housing for program participants who are moving from the shelter toward independence. Participants would continue to work with a CHIP caseworker on a savings and budget program, housekeeping and cooking skills, while maintaining employment and paying rent. He estimated a pilot program would cost $100,000 annually, excluding property acquisition and rehabilitation costs. In response to a question, Police Chief Klein said homeless programs in other cities are relatively full every night. It was recommended the City link with other communities to address this issue. It was suggested funds could be raised from grants. Police Chief Klein noted grants often require a program match. The program cannot count on private contributions to continue. It was suggested the program needs a dedicated revenue source. Police Chief Klein said staff is exploring options at the County level, noting Dade County had implemented a restaurant tax for homeless related costs. The City Manager said Clearwater is responsible for the program. He supported the recommendation to expand the program, noting the need to consider future budget impacts. He said a program would be less expensive than depending on law enforcement interdiction. It was felt a Countywide solution should be considered with fair share contributions from smaller cities. PR PARKS AND RECREATION Extension of Agreement with Clearwater Golf Park Since February 24, 1970, Clearwater Golf Park, Inc. has operated the Golf Park. The current lease expires on February 28, 2000. Staff is considering long-range alternatives for the Golf Park and Glen Oaks facilities and needs time to resolve related issues. Staff recommends extending the lease for 3 months until May 31, 2000. Rent for the extended time will be prorated and total $666.67. All other terms of the agreement will be the same. Staff will bring this item back to the City Commission before May 31, 2000, with a proposal. The City Manager said staff had requested this extension as they need time to consider the future of the site. Concern was expressed the proposed rent is too low, especially during tourist season. It was questioned if 90 days is sufficient to develop an adequate plan. Parks & Recreation Director Kevin Dunbar said the department’s master plan, to be completed in October, will identify future City recreational needs for this facility and also consider uses such as soccer and softball fields. Staff recommends the property be operated as a golf facility in the interim and proposes to release a RFP (Request for Proposals) that states the site’s future use may change. It was noted several parties have expressed interest in responding to a RFP. Mr. Dunbar said the process to choose a new operator should be completed by the end of May. In response to a question, the City Manager said it would be difficult for the City to staff the golf park and suggested staff could negotiate a higher rate for the extension. First Reading Ord. #6500-00 - establish new non-resident fees for participation at City recreation facilities and in City recreation programs & activities On October 18, 1993, the City Commission approved a formula to compute non-resident fees for participation in recreation facilities, programs, and activities and establish related categories. Since the last non-resident fee increase occurred in 1994, Parks & Recreation Department expenses have increased. Annual resident cards cost $3 per person plus sales tax. New non-resident fees are recommended: 1) annual individual card - $14 increase to $70 plus tax; 2) annual family card - $35 increase to $175 plus tax; and 3) single season sports fee - $4 increase to $37 plus tax. If approved, department revenues will increase approximately $11,500 in FY (fiscal year) 1999/2000. Over the next year, staff is developing the Parks & Recreation Master Plan and will evaluate non-resident fee options and categories such as tennis facilities, swimming pools, program fees, lawn bowl, shuffleboard, and horseshoe clubs, and co-sponsored programs Ample time will be available for citizen input regarding fees. The need for County contributions to recreational activities and facilities was noted. Concern was expressed the City provides most recreation facilities programs and activities for North County. The master plan will identify how best to handle non-resident issues. The City Manager noted a County contribution to capital projects is necessary to meet future North County needs with more than passive parks. In response to a question, the City Manager said the master plan will include a 10-year analysis of anticipated funding needs and propose solutions. QOL QUALITY OF LIFE First Reading Ord. #6477-00 - regarding sale of City owned surplus real property The City’s Code of Ordinances, Division 6. Sales of Surplus Real Property, Sec. 2.665. prohibits the sale of City-owned real property to users, which qualify for ad valorem property tax exemptions. The ordinance requires deeds for all properties sold by the City to contain reverter clauses, which automatically revert the subject property to the City should the property be used for a purpose which qualifies for a tax exemption or if application is made for ad valorem exemptions. This ordinance has prevented the City from selling or donating lots to programs such as Habitat for Humanity. It also prevents the City from considering: 1) Calvary Baptist Church request to exchange 6 acres of improved land fronting Drew Street and abutting new Eddie C. Moore ball fields for 4.5 acres of City-owned land (Chesapeake Park). The City would benefit from 2 new ball fields constructed with Calvary Baptist Church funds, the proximity of additional ball fields to Eddie C. Moore for tournament play; and the convenience of maintaining adjoining park properties and 2) City needs to exchange CCC (Clearwater Country Club) owned 9th green, fairway, and putting green (approximately one acre) for one acre of City-owned land needed by the club to construct a portion of CCC’s new clubhouse. Both requests involve open space/recreation land. If the City Commission repeals the ordinance, both items will appear on a referendum for voter approval this summer. Quality of Life Administrator Arlita Hallam said the Commission had approved the subject ordinance on April 7, 1997, by a 3-2 vote. Minutes of that meeting indicate concern the east-end property provide a future tax base. While assisting agencies, such as Habitat for Humanity, is important, concern was expressed regarding future control of City-owned property when agencies sell the land. It was felt the City Commission should be able to consider each request on its own merit. In response to a question, Dr. Hallam said the City cannot sell recreation/open space without referendum approval. The City Attorney said the proposed ordinance requires the City Commission to declare each subject property as surplus and approve each sale. PW PUBLIC WORKS Public Hearing & First Reading Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility easement, Del Oro Groves, First Addition, Lot 110, subject to complying with Sec. 1 of Ordinance (Groteke, V99-12) The swimming pool and deck at 1213 Alameda Avenue encroach into the 10-foot utility easement. The applicant wishes to construct a screen enclosure over the pool. Within 30 days of approval of second reading, the applicant will remove any portion of the concrete pool deck within the remaining portion of the easement. The City has no utilities within the easement. Local utility firms do not object to the request. Public Works Administrator Rich Baier said encroachments had occurred before surveys were required. While surveys mandated by the new code will cost homeowners several hundred dollars, the requirement will prevent similar encroachments. Ratify/Confirm Change Order to contract for emergency repair & retrofit of Solid Waste Fueling Facility with Tampa Bay Engineering, $80,268 In September 1999, the City issued an Emergency WO for $90,712 to Tampa Bay Engineering to repair and retrofit the Solid Waste Fueling Facility to correct non compliance issues with the FDEP (Florida Department of Environmental Protection). Contamination was discovered during construction. The tank sumps, product piping, dispenser liners, and spill buckets had cracked, rusted, and deteriorated beyond repair, allowing product to leak to surrounding soils. To date, approximately 10 cubic yards of contaminated soil have been excavated and stockpiled, pending laboratory analysis and disposal. Preliminary screening suggests the presence of additional contaminated soil and possible groundwater contamination. A CA (Contamination Assessment) likely will be required pursuant to Florida Administrative Code. Should the FDEP direct the City to conduct a CA, the $5,000 insurance deductive is included in this change order. Staff recommends that significant grading improvements can provide a permanent and cost effective solution to the drainage problem. Tasks not included in the original Work Order will be completed under this Change Order. Tank sumps and spill containment buckets will be replaced rather than retrofitted. All product pipes will be replaced to ensure continuation of petroleum liability insurance coverage. Concurrent with pipe replacement, the entire site will be elevated to solve drainage problems. Dispenser islands will be switched to facilitate oversized vehicles. All contaminated soil will be excavated, analyzed, and disposed of properly. Additional soil and groundwater sampling will be conducted as required by State law. Engineering Assistant Director/PD&E Tom Miller reviewed associated problems and stated the facility had been poorly constructed. Repairs are required to comply with State standards. It was recommended the Legal Department investigate recourse options related to problems at this recently completed facility. CLK CITY CLERK Legislative Package The City’s 2000 State Legislative Package includes: 1) Appropriations –City to seek funding to assist in pursuit of Commission’s Vision for the City and to implement One City. One Future. for projects such as Brownfields Remediation, Stevenson’s Creek Estuary Improvement, Community Service Program in cooperation with the Salvation Army, Library Construction, and CHIP; 2) Proposed Legislation –City to request legislation be proposed to address aggressive driving, misuse of handicapped parking permits, alternatives to newspaper advertising requirements, and related to solicitation areas at polling places; 3) Issues to Support – City to support legislation beneficial to Clearwater and other municipalities including retention of Spring Training franchises, enhancement to Front Porch Florida and Urban Revitalization legislation, pilot program to monitor via camera and issue citations for drivers running red lights, exemption to open records for municipal utilities; continuation of the Solid Waste Trust Fund; and 4) Issues to Oppose – City to oppose legislation detrimental to Clearwater and other municipalities including increased regulation of, or restrictions on municipal operations, unfunded mandates, weakening home rule powers, and removal of 25% surcharge for municipal services provided to non-residents. In response to a suggestion, City Clerk Cyndie Goudeau reported all transportation funds from the canceled bullet train project budget have been reappropriated and are not available. The City had applied for a grant from that project to study adding a monorail to the Memorial Causeway Bridge project. Commission Discussion Items Provide direction re Mangrove Trimming The City Manager noted research on the City’s ability to trim mangroves along the Memorial Causeway had been presented to the City Commission and was well debated. It was felt the cost is prohibitive and not worth the investment. Concern was expressed mangroves are used for shelter by homeless individuals. Consensus was to direct staff not to pursue a project to trim mangroves along Memorial Causeway. Provide direction re Largo Annexation of Properties North of Belleair Road Clearwater’s contention that Belleair Road is its southern boundary is supported by its recognition as the border of Clearwater’s planning area, in the Fire District, and in the 1992 Interlocal agreement with Pinellas County, which has never been violated. The tri-city agreement between Pinellas Park, St. Petersburg, and Pinellas County, identifies Belleair Road as Largo’s northern boundary. A 1992 amendment to the 1983 interlocal agreement recognized the border and indicated the municipalities will work to not cross it again. The PPC (Pinellas Planning Council) staff concurs with Clearwater’s position. In 1989, the City had extended sewer service to the Walgreens, south of Belleair Road when Largo was unable to provide sewer service. The City Attorney said the City has no record of annexations across the line after 1989. Senior Planner Ralph Stone felt Largo’s proposed annexation is inappropriate and may violate many service and planning agreements. He recommended the City protect its interests. Mr. Stone said the claim that the City of Clearwater had denied the subject property owner’s annexation request was not true. Staff had discussions regarding annexation with parties interested in purchasing the subject property. In response to a suggestion, the City Attorney said State law prohibits deannexation unless the original annexation was unlawful. The City of Clearwater can sue the City of Largo regarding this issue. Concern was expressed regarding the lack of harmony exhibited by Largo leaders. The importance of correcting misinformation was stated. It was recommended the Mayor send a formal letter to Largo, outlining Clearwater’s position and reviewing relevant facts. The City Manager said staff will present a prepared draft to City Commission members for input. Staff will attend the next PPC meeting to present the City’s position. It was recommended staff enlist support from the PPC and Countywide Planning as allies in this issue. The City Manager reported East Shore Drive will be open to traffic this week. Construction at Poinsettia will take a bit longer. Other Commission Action Commissioner Johnson complimented Assistant City Manager Bill Horne for his in-depth Y2K report. Adjourn The meeting adjourned at 1:36 p.m.