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05/01/2000CITY COMMISSION WORKSESSION CITY OF CLEARWATER May 1, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Terry Avery, General Support Services/Fleet Maintenance, was presented the April 2000 Employee of the Month award. The Special Events Team of the Parks & Recreation Department was presented the Team of the Quarter Award for January to March 2000. Lynda Neal and Cindy Geary, Clearwater Customer Services, were presented Volunteer Service Awards. PUR PURCHASING Skypainter Fireworks International, 1st of 2 renewal options, fireworks presentations, 5/5/00-4/30/01, estimated $50,000 (PR) Ross Systems Inc., financial system software license & maintenance, 6/30/00-6/29-01, estimated $85,000 (IT) Xerox Corporation, 4 digital copy machines, addition to 5 current lease machines, extending period from 10/31/04 through 5/31/05, increasing contract awarded 10/7/99 by $101,000 for estimated total $216,000 (IT) In response to a question regarding Ross Systems, Purchasing Manager George McKibben said the costs for the software and maintenance are not separated. The estimated cost of the contract is based on a flat rate. In response to a question regarding the fireworks, Mr. McKibben said the estimate will cover the costs for the City’s Fourth of July celebration and another presentation, if ordered. In response to a question regarding the copiers, Mr. McKibben said the proposed equipment will replace current equipment. The copy fee differs by location and relates to use. FN FINANCE Bond Counsel Agreement with Bryant, Miller and Olive, P.A., serve as City's bond counsel, three-year period As a result of a 1995 RFP (Request for Proposals), the City selected Bryant, Miller, and Olive, P.A., to serve as the City’s bond counsel. The initial 3-year agreement, included options for two 1-year extensions. The original agreement was extended for one-year in 1998 and 1999. Fees for issuing bonds, unchanged from the 1995 contract, are based on the type of bond issued and are calculated per $1,000 of bonds. The City typically issues fixed-rate revenue bonds. The fee for the first $45-million of fixed rate revenue bonds issued is $1.40 per $1,000 with a minimum fee of $10,000. This agreement allows one 2-year extension at the completion of the original 3-year contract. Costs incurred, due to bond issuance, are paid from bond proceeds. Staff has been satisfied with the bond counsel’s services. Due to the number of projects in progress, staff recommends approval. In response to a remark that other cities pay lower fees, Financial Services Administrator Margie Simmons said the quality of the services is more important than the fee structure. She said the rate is reasonable. Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., serve as City's disclosure counsel, three-year period As a result of a 1995 RFP, the City selected Nabors, Giblin & Nickerson, P.A., to serve as the City’s disclosure counsel. The initial 3-year agreement included options for two 1-year extensions. The original agreement was extended for one-year in 1998 and 1999. Fees for issuing bonds, unchanged from the 1995 contract, are calculated per $1,000 of bonds. The fee is $1.10 per $1,000 for the first $10-million and $0.90 per $1,000 above $10-million, with a minimum fee of $5,000. This agreement allows one 2-year extension at the completion of the original 3-year contract. Costs incurred, due to bond issuance, are paid from bond proceeds. Staff has been satisfied with the disclosure counsel’s services. Due to the number of projects in progress, staff recommends approval. In response to a question, Ms. Simmons said legal services are exempt from the bidding process. PR PARKS AND RECREATION Accept 3 grants & approve corresponding agreements with Juvenile Welfare Board, totaling $72,955 for 100% funding of 3 new summer camp programs (Surf and Safari, Kings Highway, & Teens on the Run) JWB (Juvenile Welfare Board) has awarded the Parks & Recreation Department $72,955 in grants for middle school summer camp activities for ages 10-14: 1) $44,028 - Surf & Safari Summer Camp - Martin Luther King Recreation Complex - 75 students; 2) $16,001 - Camping Out Summer Camp - Kings Highway Recreation Center Complex - 20 students; and 3) $12,926 - Teens on the Run - Ross Norton Recreation - 20 students. No matching funds are required. The City only is required to host the 3 camps. In response to a question, Parks & Recreation Director Kevin Dunbar said staff based their determination regarding the maximum number of camp participants on staff resources and the size of the facilities. Staff is discussing ways to expand the program to 5 camps. Concern was expressed young people not be turned away from this great program. Approve use of $500,000 of Pennies II funding for expansion of Countryside Recreation Center by approximately 4,250 sq. feet; adopt new user fee proposal known as "play passes" The FY (fiscal year) 1999/00 annual operating budget contains a $0.5-million capital appropriation of Penny for Pinellas II funding for Countryside Infrastructure Improvements. Staff gathered input from community meetings and a telephone survey of Countryside residents to identify uses for the appropriation: 1) expand Countryside Recreation Center; 2) expand Countryside Library’s children’s section; 3) landscape area main artery medians; and 4) extend a bicycle path from Curlew Road to Lake Chautauqua Park via Landmark Drive. The appropriation is insufficient to cover the 4 projects. Mr. Dunbar reviewed plans for a new fee schedule to be presented to the City Commission later this year. Concern was expressed the Countryside Recreation Center, built only 4 years ago, already requires a $0.5-million upgrade. In response to a question, the City Attorney said this project is considered infrastructure and qualifies for Penny for Pinellas funding. Concern was expressed other City needs may supersede this project and Fire Department issues should be addressed first. The City Manager said a previous Commission had listed this as a first year project for Penny for Pinellas II funds. It was felt this project should not be canceled without a discussion of all City issues. Additional information related to related costs was requested. It was recommended this item be continued for several weeks. In response to a concern that the addition will require adding personnel, Mr. Dunbar said staff hopes to use the additional space to develop after-school programs and expand the summer program. The addition will require no new custodial programming. He said the fee proposal will generate additional revenues. Information was requested comparing the Countryside Recreation Center’s budgets from this year and next year. Consensus was to continue this item until June. PW PUBLIC WORKS Contract for 1999 North Clearwater Beach Drainage Improvements to Southwest Contracting, Inc., for $50,128.10; approve purchase of Tideflex Valves from Red Valve Company, Inc., for $67,465, for total $117,593.10 This contract is to remove accumulated barnacles, marine growth, and debris from the storm sewer system and the installation of Tideflex valves at the outfall portion of the storm culverts. Also, the scope of work is for inspection and evaluation of the system and the repair of the failed portions of the storm system. The City will purchase the Tideflex valves and appurtenances from the manufacturer to avoid handling charges imposed by the contractor. This purchase is an exception to the City bid procedures. The city’s purchasing agent has determined the commodities are available only from a sole source. Public Works Administrator Mahshid Arasteh said staff has sent letters to all north beach residents and facilitated meetings for residents regarding this plan to improve beach drainage north of Acacia Street. The island's basin shape impedes drainage efforts. The proposed valves will prevent water from flowing back into the system. Barnacles blocked the flow from the current system after only 3 years. The proposed system has a life span of 10 to 20 years and has been used successfully in other Florida beach municipalities. The project also covers repairs of failed portions of the system. Approve Final Plat for Mandalay Beach Club Subdivision, 10 Papaya Street & 9 San Marco Street, lying 750' north of Causeway Blvd. & 1 block west of Mandalay Ave. The applicant proposes to construct 2 condominium towers at this location. The property currently is mixed-use residential and commercial and zoned Tourist (T). The Development Review Committee has approved this development. Concern was expressed a site plan was not submitted with this request. Planning Director Ralph Stone said this request is to replat the site as a single plot. Presentation - Traffic Signal System In his November 16, 1999 memorandum, former Public Works Administrator Rich Baier stated the City had audited the report regarding the City’s computerized signal system. Traffic Operations Manager Paul Bertels, Internal Auditor Robin Gomez, and Direction of Strategies for Success Garry Brumback concluded it is important to retain this operation under City control. Clearwater has many “special events” that require special timing that only city staff has the insight and experience to provide. City owned signal system, operated by staff, will provide better cost containment and service levels than one owned and operated by another entity. Mr. Baier opposed relinquishing control of the City’s traffic signal system. The report stated Clearwater would not be absolved of financial responsibility by transferring the program to the County. It is important to maintain traffic signal control and responsiveness. The City Manager said staff has requested maintenance cost figures from Pinellas County to compare with City costs. Staff is concerned about the cost of losing control of the City’s signal system. Logistical questions relate to future technology issues and who would initiate upgrades. Ms. Arasteh said the City’s signal system’s computer is at the Municipal Services Building. The City’s system maintains 145 intersections. While the City’s system is well maintained, the technology is out of date. The system also controls 26 school flasher locations and activates flashers at other intersections. Flashers in front of fire stations are activated as the fire truck leaves and then recycle to normal operation. Similar controls are used near railroad crossings and the Memorial Causeway drawbridge. The City’s system allows staff to collect real time traffic data and provides efficient use of City roadways. Approximately 25 events affect beach roundabout traffic each year. The cost to install decorative mast arms on Gulf-to-Bay Boulevard will be reduced if coordinated with the County’s extension of Keene Road. New audible pedestrian signals are planned to assist the visually impaired. New technology includes advanced signal lights that have longer life and use 90% less power. The City’s current annual operating cost for its signal system is $660,000. The County estimates its new system will cost the City $900,000 annually without identifying all costs. The County plans to invest $11.3-million for intelligent signal systems for a countywide system communicating through underground fiber optics. Mike Caylor, representing Pinellas County, said the available funds will not replace the City’s system or St. Petersburg’s system. He expressed concern the current signal system will fail soon and stated the government must act quickly to avoid future problems. The related technical assessment will be complete in June. Next, a feasibility study will provide direction and opinions on how best to spend the $11.3-million. $3.5-million is earmarked for Clearwater. Construction may need to be accelerated to begin prior to 2002. The MPO (Metropolitan Planning Organization) supports a countywide unified system with one virtual control center that ties the systems of the County, City of Clearwater, and City of St. Petersburg together. He said the control center’s location will be irrelevant. Staff will need to focus on residential and the broad range of regional needs. He estimated tying the systems together will cost approximately $1-million. The new system would include incident management to track accidents and other incidents. Weather applications will sense when traffic is leaving the beaches and change signal cycles. The City needs to decide if it wants to maintain a separate signal system. A June 6, 2000, presentation to the MPO is scheduled. The 4 corridors recommended for initial application of a countywide system are SR 60, US 19N, McMullen-Booth Road, and Ulmerton Avenue. In response to a question, Ms. Arasteh said the City’s signal system is up to date but computer technology and related software continues to evolve. Staff is applying for grants to cover the cost of upgrades. The system has a single vendor. It is estimated new software for the City’s system will cost $1-million. An on-site communication control unit can be accessed in case of signal failure. Concern was expressed the City’s location in mid-County affects signals on north/south corridors, such as McMullen-Booth Road, Keene Road, Belcher Road, and US 19N. It was felt signal continuity along these corridors is important. It was recommended the City Commission address the jurisdictional issue at a later time, concurrent with County efforts to upgrade the system. PLD PLANNING & DEVELOPMENT SERVICES PPC Voluntary Annexation Process In his April 11, 2000 memorandum, Planning Director Ralph Stone reported the PPC (Pinellas Planning Council) is developing a voluntary annexation process for the County that defines areas eligible for future voluntary annexation by each municipality, along with review and appeal procedures. The process would replace PPC review for ability to serve for annexation of 10 acres or more. PPC staff reviewed all municipality service and planning area agreements and developed maps depicting water, sewer, and fire service areas, and planning areas. With input from each jurisdiction, PPC staff developed a countywide map indicating areas eligible for annexation. This process requires an amendment to the Pinellas County Charter. Basic provisions of the proposed ordinance: 1) property proposed for annexation by a city must be located within that city’s eligible area as illustrated on the countywide annexation map; 2) property proposed for annexation must be contiguous to annexing city boundaries and reasonably compact as required by 171 F.S.; 3) annexing municipalities must notify the PPC of all proposals within 5 days of receipt of an annexation petition. PPC must review applications for compliance with contiguity and compactness criteria, and criteria related to municipal boundary conflicts; 4) any party affected by a proposed annexation can petition the PPC and CPA (Countywide Planning Authority) to review for consistency with criteria and procedures in the legislation. An affected party includes any person or firm owning property proposed for annexation or any governmental unit with jurisdiction over such area. CPA findings of noncompliance do not prohibit a municipality from proceeding with the annexation, however, any affected party, the PPC, or CPA may appeal a municipality’s annexation to Circuit court. PPC or CPA appeals are subject to the Florida Governmental Conflict Resolution Act. The proposal will change current process: 1) voluntary annexations must occur within areas eligible for annexation; 2) PPC staff shall review all voluntary annexation applications instead of only those exceeding 10 acres; 3) the prohibition on creating unincorporated enclaves is eliminated; and 4) a potential for a full PPC and CPA review and/or appeal exists if PPC staff determines the proposed annexation does not comply with criteria. Staff recommends addressing issues: 1) amend countywide annexation map to include the City’s sewer treatment plant within Clearwater’s annexation area; 2) unincorporated Pinellas County areas not within any city’s annexation area should be available for annexation pursuant to Florida Statutes related to contiguity and compactness requirements; 3) PPC annexation review to include an expedited process for properties within the defined annexation area; 4) enclaves in a city’s annexation area that remain enclaves ten years after the ordinance’s effective date shall be subject to involuntary annexation by the appropriate city; and 5) allow annexation of properties in the annexation area but not contiguous to existing boundaries. Annexation area boundaries are based on the relevant city’s ability to provide services. Relief from the contiguity requirement will assist in eliminating enclaves that inhibit efficient service. Assistant Planning Director Cyndi Hardin said the City has agreed to support a Special Act related to the City’s annexation dispute with the City of Largo. She said County residents must approve the suggested PPC changes. In response to a question, PPC Executive Director Dave Healy said the PPC proposes for County municipalities to send copies of each annexation application to the PPC to verify the request is authorized. He said this review will not delay the process. He said the process will preclude future disputes between abutting cities. Concern was expressed the change adds another layer of bureaucracy. Mr. Healy said the change will provide the public with additional information. Boundaries will be ratified in the County charter. Mr. Stone said some subdivisions, located in large enclaves, wish to be annexed but currently cannot. It was stated all annexations are voluntary. Staff will present recommendations to the PPC on May 16, 2000. The date of the decision is unclear. In response to a question, Ms. Hardin said the City has no problem providing water and sewer services to properties that abut City boundaries. The City can help non-abutting enclaves obtain sewer and water service before they can be annexed. CLK CITY CLERK Appointment of commission members to Regional and Miscellaneous Boards Commissioner Clark expressed an interest in serving on the Tampa Bay Estuary Policy Board. Commission Discussion Items Commission salary adjustments In her April 24, 2000 memorandum, Ms. Goudeau indicated Commissioner Johnson had requested the issue of Commission salaries be agendaed. An ordinance increasing Commission salaries would need to be adopted September 7, 2000 to be effective after the March 13, 2001 election. The last Commission salary increase was in 1995when the Mayor’s annual salary was raised $6,000 to $18,000 and Commission annual salaries increased by $5,000 to $15,000. It was noted City Commissioners are paid less than commissioners for similarly sized cities. Concern was expressed the proposed increase is 25% while the increase proposed for rank and file personnel is only 2% to 3%. It was recommended any increase reflect the CPI (Consumer Price Index). It was felt an increase is justified after 5 years. Related information on similarly sized cities was requested. It was felt the City Commission works to serve the community rather than for economic gain. It was stated the low salary limits some residents from serving as Commissioners. Staff will present recommendations for per diem reimbursement for travel and transportation. It was recommended a method to reimburse out of pocket expenses and transportation costs be established. Commission Policy Format Ms. Goudeau distributed a draft example of a proposed format for City Commission policies. Changes list policies numerically and place all policies related to boards, for example, in one place. It was stated the proposed change will provide a legislative history, indicating when policies were adopted and amended. It was stated the format reduces the number of pages. The format includes a place for the Mayor or City Manager to sign off on the date of implementation. It was recommended once a consistent format has been adopted, the City Commission can consider changes to City Commission policy. Concern was expressed the modification requires many hours of staff time and changes nothing. Ms. Goudeau said the current format of policies is consistent. It was recommended the policies be consolidated, provide historical references, and that the format be used for all City policies. In response to a question, Ms Goudeau said the amount of staff time necessary to make the changes is related to the amount of detail. She estimated it would take staff one week to reformat the Commission policies. It was felt historic information is not necessary. Support was expressed for consolidating Commission policies. It was recommended the alphabet be used rather than numbers. It was felt the project is a waste of staff time. The majority agreed the Commission policies should be consolidated but that information related to policy genesis is unnecessary. Other Commission Action Commissioner Hart referred to a complaint that temporary barricades for Spring Break remain at Devon Drive and are a visual blight. The City Manager said the barricades will be removed after the May 6, 2000, beach event. Commissioner Hart said the de Guardiola/Renaissance team had impressed him with their work, dedication, honesty, and openness during their presentations to public meetings regarding the Downtown Redevelopment Master Plan. Commissioner Johnson said he had not seen information related to the proposed land swap of Chesapeake Park for another parcel. Additional information to be provided. Commissioner Johnson said when he recently attended his 60th high school reunion in Asheville, North Carolina he saw former staff member Scott Shuford, who sent greetings. Commissioner Clark thanked residents for attending forums related to Downtown Redevelopment and asking questions. He was pleased a large number of people had showed an interest. Forum replays will be aired on C-View TV. Mayor Aungst apologized for his planned absence from Thursday’s meeting. Adjourn The meeting adjourned at 11:32 a.m.