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08/30/1999 CITY COMMISSION WORK SESSION CITY OF CLEARWATER August 30, 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 Richard Hull Assistant 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 Terry Schmidt, Parks & Recreation Department, was presented the August 1999 Employee of the Month award. The Commission recessed from 9:02 to 9:10 a.m. to meet as the Community Redevelopment Agency PUR PURCHASING irrigation system parts & supplies Florida Irrigation Supply, 1st of 2 renewal options, , QOL 09/03/99-09/30/00, estimated $40,000 () library books & publications Simon and Schuster Inc., , 09/03/99-09/30/00, estimated QOL $29,000 () library books & publicationsQOL The Booksource, , 09/03/99-09/30/00, estimated $35,000 () library materialsQOL Distribution Video and Audio, , 09/03/99-09/30/00, estimated $29,000 () library books & publications Book Wholesalers Inc., , 09/03/99-09/30/00, estimated $81,000 QOL () library subscription services Ebsco Subscription Services, extension, , 10/01/99-09/30/00, QOL estimated $93,000 () library books & publications Ingram Library Services, , 09/03/99-09/30/00, estimated QOL $255,000 () 1 mws08c99 08/30/99 hardware maintenance & software license and maintenance for computer Gaylord Bros, equipment used at the LibraryQOL , 10/01/99-09/30/00, $70,000 () tiresGSS Superior Auto Centers, , 09/06/99-03/14/00, estimated $85,000 () uniforms & miscellaneous equipment Martin's Uniform, 1st of 2 extension options, for Police PD personnel, 10/01/99-09/30/00, estimated $90,000 () satellite copy machines, service & related supplies Xerox Corporation, extension, (except IT paper), 10/01/99-09/30/00, estimated $80,000 () micrographic servicesCLK Micro Image, Inc., , 10/01/99-09/30/04, estimated $175,000 () maintenance of hardware, software & network Hewlett-Packard Company, , 10/01/99- IT 09/30/00, $29,232 () gas materials - galvanized pipe & fittings Noland Company, extension, , 10/01/99-09/30/00, GAS estimated $83,000 () miscellaneous gas repair & installation parts Tempaco of Pinellas, , 09/03/99-09/30/00, GAS estimated $192,000 () miscellaneous gas repair & installation parts Castle Supply, , 09/03/99-09/30/00, estimated GAS $181,000 () In response to a question regarding the purchase of library materials, Purchasing Manager George McKibben said the City uses multiple vendors and receives substantial discounts. The new materials were budgeted. In response to a question regarding the purchase of tires, Mr. McKibben said the City tries to obtain the best price. Due to shifts in the State contract, the City uses multiple vendors. This request is for a blanket purchase order. In response to a question, he said this vendor specializes in tires for automobiles and small trucks. In response to a question, Mr. McKibben said some purchases were shifted to another vendor for better prices. The item does not represent an increase in the budget. In response to a question regarding copier services, Mr. McKibben said the rate has not increased. In response to a question regarding the contract for micrographic services, City Clerk Cyndie Goudeau said all permanent records are microfilmed. The Clerk Department manages the City’s vital records. The State only recognizes microfilm records as permanent. The new imaging system, planned for next year, will store records on disk. FN FINANCE 2 mws08c99 08/30/99 Approve payment in amount not to exceed $65,000 to Florida Department of Revenue for assessment of Sales and Use Tax and Local Government Infrastructure Surtax and interest The City collects and remits sales tax to the FDER (Florida Department of Revenue) on taxable sales. The City files a monthly report and remits approximately $78,000 on sales averaging $2,040,000 a month. The FDER audited the City for Sales and Use Tax and Local Government Infrastructure Surtax for February 1, 1994 through January 31, 1999. The City was assessed $48,367.47 tax plus $14,452.84 interest. The $24,184.21 penalty was abated on July 23, 1999. Major findings of the audit: 1) Parks & Recreation resident and non-resident cards revenue determined to be taxable with $26,391.20 is assessed sales tax plus $8,431.68 interest; 2) failure to collect sales tax on Sale of Recyclable Materials to companies without an exemption resale certificate on file resulted in $7,917.60 in assessed sales tax plus $2,529.58 interest; 3) refunds of sales tax to exempt gas sales customers outside of the refund period resulted in $5,567.23 in assessed sales tax plus $1,778.66 interest; 4) miscellaneous Parks & Recreation revenues such as Moccasin Lake tours, boxing concessions, splash parties, and teen dances was determined to be taxable with $7,666.15 in assessed sales tax plus $2,449.25 interest; and 5) other miscellaneous General Fund revenues such as Jolley Trolley parking and utilities, and several concessions were determined to be taxable resulting in $825.30 in assessed sales tax plus $263.67 interest. All issues have been discussed with staff, and procedures to collect sales and use tax have been modified to insure proper collection and remittance of sales tax in the future. In response to a question, Financial Services Administrator Margie Simmons said the audit, which covered a 5-year period, determined the City owes $48,000, 1% of the total taxes collected by the City in that time frame. The penalty was waived due to due diligence. Staff did not realize some items were taxable and erred by not collecting the tax. Training has been scheduled. In response to a question, she said the City had not been audited for almost 20 years but is now on a 3-year cycle. property, casualty, liability, workers' compensation, Emergency Approve purchase of Medical Services, fuel tank, and flood insurance coverage for Fiscal Year 1999-2000 in an amount not to exceed $750,000 Risk Management purchases insurance coverage for property, casualty, liability, workers’ compensation, EMS (Emergency Medical Services), fuel tank, and flood. For FY (fiscal year) 1999/00, staff recommends purchasing $100-million in excess property insurance, to include Clearwater Pass Bridge, from Redland Insurance Company, through Insurance & Risk Management Services, Inc., Naples, Florida, for $187,453. Staff also recommends purchasing, through A.J. Gallagher & Co., Tampa Bay, Clearwater, FL: 1) Boiler & Machinery – American Manufacturers - $5,894; 2) Marina Operators Legal Liability – Hartford Insurance Co. - $18,450; 3) Underground Fuel Tank Liability – Commerce & Industry - $13,126; 4) Flood Insurance for specific properties with premiums estimated for all properties – Bankers Insurance Group - $23,347; 5) Crime & Dishonesty – Travelers Casualty - $5,044; 6) Excess 3 mws08c99 08/30/99 Liability – North River Insurance Co. - $ 238,000; and 7) EMS Liability (Reimbursable) for GL, Professional, & EMS – Acceptance Insurance, Co. - $53,193, Business Auto – Reliance Insurance Co. - $30,290, and Excess GL/Professional/ Auto/EMS – Mt. Hawley Insurance Co. - $14,961. Total premiums for proposed coverage cost $592,758. By County contract, the City is required to purchase EMS Liability coverage, which the County reimburses. Also, the City is in negotiations with Pinellas County to provide fire protection services outside City limits, but within the County. Under the proposed fire contract, the City may be required to purchase additional insurance for its response vehicles. The insurance costs of complying with the contract cannot be determined. Staff requests authorization to purchase insurance required by the fire contract, if adopted, as long as total premiums do not exceed the sum requested in this item. Last year, staff submitted RFPs (Requests for Proposals) for various insurance coverage. This request will renew last year’s coverage. Property risks are covered at levels and rates with represent a reasonable and conservative insurance program. Recommended renewals are for 1-year beginning October 1, 1999, except that flood insurance and underground storage tank coverage have different effective dates. In response to a question, Risk Manager Leo Schrader reviewed City deductibles, noting the City is self-insured for casualty, liability and workers’ compensation up to $500,000, with excess insurance over those levels. The budget has some leeway to meet additional insurance needs during the year. Coverage is the same as last year except that Ranger Insurance was replaced by North River Insurance. Another change will affect Excess GL/Professional/Auto/EMS coverage. After receiving a cancellation notice for this coverage, staff located a replacement company charging the same premium. HM HUMAN RELATIONS Ord. #6446-99 First Reading - repealing anti-discrimination compliance program provisions of the City Code Pinellas County has agreed verbally to acquire the City’s compliance program, which enforces certain local and federal anti-discrimination laws. Facilitating this transfer requires the Code be amended. The City will retain Community Relations programs and efforts. Continuing department services will investigate internal City compliance issues and promote and affirm the City’s commitment to employment diversity. The Community Relations Board will meet to discuss impacts of these changes on August 31, 1999. The City Manager said next year’s budget currently includes funds for this program which enforces EEOC (Equal Employment Opportunity Council) and Fair Housing Laws. Employees transferring with this program to the County will result in some cost savings to the City. Staff is working with the employee not transferring to the County, regarding reassignment. Human Relations Director Eleanor Breland reviewed the legal requirements. Concern was expressed the level of services not be compromised. PW PUBLIC WORKS 4 mws08c99 08/30/99 Highway Landscape Maintenance Memorandum of AgreementRes. #99-37 Approve ; adopt beautification of Court Street authorizing execution of the agreement with FDOT for to be performed by City Revitalizing Court Street is part of the One City. One Future. blueprint. FDOT (Florida Department of Transportation) requires a Memorandum of Agreement to allow landscaping within the rights-of-way of State roads. Funding for installation, estimated to cost $240,000, is available in the Gulf-to-Bay Boulevard Corridor Beautification project. Annual maintenance costs are estimated at $100,000. In response to a question, Public Works Administrator Rich Baier said the proposed project will extend from Highland Avenue west to Missouri. Installation will not occur until maintenance costs are worked out. It was recommended staff recruit community volunteers to maintain this landscaping before the project moves forward. Mr. Baier feared FDOT is changing its related standards. The one-year agreement can be extended one year. In response to a question, he said the City Commission had approved the Gulf-to-Bay Boulevard Corridor Beautification project to extend from NE Coachman to Highland Avenue. It is estimated it will take 20 years before all businesses comply with the plan. It was noted other cities assess nearby businesses to cover maintenance costs. emergency repair & retrofit of Solid Ratify/Confirm contract to Tampa Bay Engineering for Waste Fueling Facility , $90,712 The Solid Waste Fueling Facility experienced irreparable damage to the electrical system, sumps, dispenser liners, alarms, and other associate equipment due to inadequate stormwater drainage design. Since system failure on July 13, 1999, the City has been unable to provide functional and complete means of monthly release detection, placing the City in a significant “Non compliance” status with the Florida Department of Environmental Protection. Following a July 23, 1999, State compliance inspection, an enforcement letter was issued to the City on August 2, 1999. The State will allow the site to remain in operation while repairs are made, up to 60 days after the date of the system failure. Tampa Bay Engineering, an Engineer of Record, was issued an emergency purchase order for $90,712 to redesign, repair, and retrofit the facility Concern was expressed regarding the amount of damage inflicted on this 3 year old site. Environmental Specialist Supervisor Karma Killian said the original bid was awarded as a design-build project. The facility, constructed in a low area, attracts significant stormwater runoff, resulting in water damage to the entire electrical system. The City has 60 days to retrofit the facility. The integrity of the tanks was not affected. The project will raise the entire area by 9 inches. The facility has not been subject to fines. PLD PLANNING & DEVELOPMENT SERVICES Res. #99-35 Public Hearing - - amending Community Redevelopment Plan for the Community Redevelopment Area located in Downtown Area of the City 5 mws08c99 08/30/99 The CRA (Community Redevelopment Agency) adopted the Downtown Redevelopment Plan on August 17, 1995, and amended it in October 1998. Modifications are proposed for 2 parcels on the north side of Park Street between Myrtle and South Greenwood Avenues and parcels from Myrtle to South Greenwood Avenue between Park and Chestnut Streets. Proposed modifications include: 1) amend land use of 2 parcels north of Park Street from Medium/High Density Residential to Commercial/Office/ Residential; 2) amend land use of the area of the proposed pond from Open Space Recreation to Commercial/Office/Residential; and 3) amend land use designation of parcels west of South Greenwood and the block northeast of the intersection of Myrtle Avenue and Chestnut Street from Medium/High Density Residential to Commercial/Office/ Residential. The proposed downtown pond will be reconfigured consistent with future private redevelopment initiatives within the subject area. Plan modification will encourage mixed-use development and flexibility to meet long range redevelopment plans. The CDB (Community Development Board) and CRA (Community Redevelopment Agency) unanimously recommended approval. The Board of County Commissioners will review the proposed amendment on September 14, 1999. In response to a question, the City Manager said staff is close to reaching agreement with a final property owner. Although the pond is fully funded, obtaining the necessary permits will take time. The project will be driven by economic development. payment of grant money Authorize , in the amount $56,540.25, awarded from the State of Florida, to Mr. & Mrs. Rophie for raising their residence, located at 450 Southeast Palm Island, above the base flood elevation FEMA (Federal Emergency Management Agency) provides FMA (Flood Mitigation Assistance) program funds to the State Department of Community Affairs, Division of Emergency Management, which funds eligible communities. Eligible projects must implement measures designed to reduce future flood losses. The State has awarded a $56,540.25 grant to Mr. & Mrs. Ralph Rophie as payment of up to 75% of the cost incurred in raising their single family home above the base flood elevation. The residence’s first floor had an elevation of 9.13 feet where FEMA requires 11 feet. The lowest living floor elevation of the residence has been raised to 13.7 feet. This is the first application of this grant program in Clearwater. Staff anticipates more residents will take advantage of the program. The State sent the money to the City, for payment to the homeowners when construction is completed. Construction is complete and has passed inspections by the State, FEMA, and City. In response to a question, the City Manager said FEMA provides funds to eligible communities to reduce flood losses. The City distributes the funds to the property owner after construction is complete. FEMA funnels the money through the City, which monitors the project. Building Official Kevin Garriott said approximately 75 City residences in flood plains qualify for the program due to repetitive losses. Concern was expressed the City not be 6 mws08c99 08/30/99 burdened by staff costs. The property owners must fund the project before qualifying for reimbursement up to 75% of related costs. Concern was expressed the program not be limited to homeowners who have the means to fund a project. CLK CITY CLERK Clearwater Housing Authority - 1 appointment The City Clerk reported the Mayor determines this appointment. Current member Terry Byrd has expressed an interest in reappointment. Long Center Board of Trustees - 1 appointment Consensus was to reappoint Candace Gardner, who currently serves. Fire Task Force The Commission has directed the establishment of a Fire Task Force. The scope of the Task Force’s mission is to identify a funding solution for the Fire Department’s 5-year Master Plan. FTF (Fire Task Force) will meet biweekly, or more often if necessary, from September to December 17, 1999. FTF will consider Fire Department education, orientation, and the Master Plan, consider Labor’s perspective on Fire Services operations and programs, validate Fire Service needs, discuss funding possibilities, and recommend funding solutions. FTF will present their findings to the City Commission in early 2000 by addressing affirmation of the 5-year Master Plan and recommending funding solutions and changes to Fire Service programs. Meetings will be conducted in accordance with the rules and regulations governing public meetings. The City Commission will reach a decision regarding this issue in February 2000. Discussion ensued regarding the make-up of the Task Force. Consensus was for the Fire Task Force to consist of 11 members, including 9 residents. City Manager Verbal Reports Set visioning session for late October Meeting to be scheduled on Thursday. Prototype Fleet Maintenance Program Update Fleet Manager Frank Raymond reviewed department software changes, which have been installed under budget. The new software will permit use by more of the work force including mechanics and other departments who depend on fleet services. It was recommended staff be cross-trained to maintain the system. 7 mws08c99 08/30/99 In response to a question, the City Clerk said staff is exploring 2 options related to document imaging. If the Clerk Department cannot piggyback on the Police Department’s contract, staff will release a RFP. The City Clerk said staff is studying how to integrate the system Citywide. Sand Key Proposals Assistant Fire Chief Jack Callahan reviewed plans to expand fire services to Sand Key until the end of the current fiscal year. The Coast Guard has prepared housing for the 2- person teams and room for a unit. In response to a question, he said even if 3 persons were stationed on Sand Key, they could not start fire fighting procedures until others arrived. The City needs to identify permanent housing and a site for a facility on Sand Key. The City Manager said additional positions approved for next year will allow coverage without overtime pay. He requested hiring these positions early so they are ready to work on October 1, 1999. rd Mr. Callahan suggested a 3 person could be added to Sand Key in the next fiscal year. The Fire Task Force will review this issue and make recommendations. It was noted the 2-person team can handle 85% of Sand Key calls for service. In response to a question, Mr. Callahan said if a high rise fire occurs, the Sand Key team will start the evacuation process while waiting for help. Consensus was to begin the hiring process so that new firefighters can begin work by October 1, 1999. The majority recommended a 2-person crew be assigned to Sand Key as soon as possible. Concern was expressed the crew should have 3 persons. Other Commission Action Commissioner Clark and Commissioner Johnson thanked the Police Department for the opportunity to ride along while aggressive driving was targeted. Commissioner Hooper recommended appointing Whitney Gray to the citizen vacancy on the MPO (Metropolitan Planning Organization). Consensus was to approve the appointment. Adjourn The meeting adjourned at 10:56 a.m. 8 mws08c99 08/30/99