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09/04/2001CITY COMMISSION WORKSESSION CITY OF CLEARWATER September 4, 2001 Present: Brian J. Aungst Mayor/Commissioner – (departed 2:05 p.m.) Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards The Quarterly Team Award for July/August 2001 was presented to the Graphics Department. The Commission recessed from 9:01 to 9:03 a.m. to meet as the Pension Trustees. COMMISSION DISCUSSION ITEM ITEM #1 – Rules of Procedure City Clerk Cyndie Goudeau said rules and procedures from other jurisdictions have been obtained. A number of amendments to the City of Clearwater’s Rules of Procedure have been made over the years. Discussion ensued regarding the 3-minute public comment rule. Ms. Goudeau said some other cities only allow participation for public hearings and others only allow citizens to speak at the end of the meeting. She said pre-registration for citizen speakers has not been effective in Clearwater. Frequently, although a group designated a speaker to represent them, the members of the group also voice their opinions individually. It was remarked that the current procedure seems to be working. Concern was expressed that a 30-minute limit on public discussion was insufficient, especially if one representative of a “group” was awarded 10 minutes. The definition of what constitutes a “group” was discussed. City Attorney Pam Akin reviewed the City of Tampa’s procedures regarding citizens speaking. Consensus was for an amendment to be drafted and brought back to the Commission. The amendment will limit public comment to 30 minutes for any one item; individual speakers being limited to 3 minutes; a group may designate a spokesperson and group members allowed to waive their 3 minutes, going on additional minutes to the spokesperson for each one waiving their time up to a maximum of 10 minutes. The pooling of minutes will not be allowed under “Citizens to be Heard re Items not on the Agenda”. It also was requested that rules of decorum be drafted. Discussion ensued regarding whether public participation at Worksessions should be allowed. The City Clerk was requested to research how other communities handle citizen input at Worksessions. PUR PURCHASING Sper Chemical, 2nd & Final renewal, polyphosphate, extending term to 6/30/03, increasing award by $290,000 for est. total $550,000 (PW) M.T. Deason Company, gas material - polyethylene pipe & fittings, for remainder of contract ending 2/28/02, increase of $125,000 for est. total $335,000 (GAS) Akerman Senterfitt & Edison, legal services related to environmental considerations re Sports Complex, increases City Manager award from $22,500 to $35,000 (PR) General Chemical, aluminum sulfate, low iron, 10/1/01-9/30/04, est. $350,000 (PU) Harcross Chemical, chlorine in 1-ton cylinders, 10/1/01-9/30/04, est. $300,000 (PU) Allied Universal Corp., sulfur dioxide in 1-ton cylinders, 10/1/01-9/30/04, est. $300,000 (PU) Postmaster, postage for citywide USPS mail, 10/1/01-9/30/02, est. $125,000 (IT) Postmaster, postage for utility billing, 10/1/01-9/30/02, est. $207,000 (IT) Xerox Corporation, convenience copiers, 10/1/01-9/30/02, est. $60,000 (IT) Gaithersburg Equipment Co., one 2001 New Holland TS 110 tractor, replacement, $30,513.13; financing to be provided under City's Master Lease-Purchase Agreement (GS) Cues, one 2002 High Cube TV sewer inspection van, $125,950; financing to be provided under City's Master Lease-Purchase Agreement (GS) Florida Green Resources, 2nd & Final renewal, cypress wood chips, 9/7/01-9/30/02, est. $50,000 (PR) Mo-trim, one 2001 Mo-trim LTM-28 boom mower with attachments, replacement, $23,596; financing to be provided under City's Master Lease-Purchase Agreement (GS) Camp Dresser & McKee Inc., additional utility work re Mandalay, Papaya, & San Marco Streets, $71,900 (PW) In response to a question regarding cypress wood chips from Florida Green Resources, Purchasing Manager George McKibben said eucalyptus mulch is three times more expensive than cypress mulch. Parks and Recreation Director Kevin Dunbar said the chips are used in parks and playgrounds to meet ASTM standards for child safety. In response to a question, he indicated the use of recycled tires has not been as successful as had been hoped. Mr. McKibben said the increase to Sper Chemical for polyphosphates is for increasing the dosage test for the FDEP (Florida Department of Environmental Protection). The test removes copper. Mr. McKibben said there is an increase to the M.T. Deason Company for the remainder of the contract. Public Utilities Director Andy Neff said the 2002 high cube TV sewer inspection van provides a camera inside the sewers to look for cracks and leaks. In response to a question, he said he did not know if a cost estimate savings was done. He said this item would allow the City to be proactive by providing the capability to inspect pipes. He said the City uses some in-house equipment and also contracts some equipment out. Concern was expressed about the need to add personnel when adding in-house equipment. A cost analysis was requested. Mr. Neff said the City has plenty of work to keep 2 trucks busy. In response to a question regarding legal services to Akerman Senterfitt & Edison related to environmental considerations regarding the Sport Complex, Mr. Dunbar said the Phillies project is captured in the project. It is part of the $6.4 million. The $5 million is strictly for stadium construction. Mr. Quillen said additional utility work expenses to Camp Dresser & McKee, Inc. related to Mandalay, Papaya, and San Marco Streets is part of the current budget. The additional utility work is for design work for the lab. It was requested that the item relating to cypress chips from Florida Green Resources be pulled from the consent agenda. BU BUDGET Public Hearing - Fiscal 2001-2002 Annual Budget First Reading Ord. #6841-01 - declaring Millage Rate to be levied for Fiscal Year beginning 10/1/01 and ending 9/30/02 at 5.5032 mills (levy of 5.5032 mills constitutes a 7.58% increase over the rolled back rate of 5.1156 mills) First Reading Ord. #6842-01 - adopting Operating Budget for Fiscal Year beginning 10/1/01 and ending 9/30/02 First Reading Ord. #6843-01 - adopting Capital Improvement Program Budget for Fiscal Year beginning 10/1/01 and ending 9/30/02 Budget Director Tina Wilson said these three ordinances (Ordinance #6841-01, #6842-01, and #6843-01, are for fiscal 2001/02 annual budget. The first ordinance, Millage Ordinance #01, establishes the millage for the new year at the City Manager's proposed 5.5032 mills, the same as the current year. The second ordinance, Operating budget Ordinance #6842-01, establishes the operating budgets for the new fiscal year. The changes from the preliminary budget are outlined as follows: The plan the use of the Administrative Services Fund retained earnings has been reduced from $400,000 to $300,000 based on the agenda item authorizing the allocation of $100,000 in the current year and adopted by the City Commission on July 12, 2001. This pertains to the replacement of the financial reporting system computer software. This change impacts the preliminary Administrative Service Fund Budget for fiscal 2001/02 as follows: 1) Administrative Services Fund - preliminary budget for 2001/02 revenues is $8,166,680; expenditures are $8,166,680; 2) Amendment - reduction of retained earnings transferred to CIP program for 2001/02 revenues is ($100,000); for expenditures are ($100,000). The total Amended per Ordinance revenues for 2001/02 are $8,066,680; for expenditures is $8,066,680. In addition, the Solid Waste Fund is adjusted to reflect a transfer of one the “pooled” vacant positions to the Solid Waste Fund. This position will pay for itself by providing increased revenues in the areas of roll-off collection charges, compactor rentals, and other means. This issue will be discussed at the Enterprise work session of September, 2001. This change impacts the preliminary Solid Waste Fund Budget for fiscal 2001/02 as summarized: 1) Solid Waste Fund - preliminary budget for 2001/02 revenues are $15,767,000; for expenditures are $15,761,890; 2) Amendment - impact of transferred position for 2001/02 revenues are $50,300; for expenditures is $50,300. The total Amended per Ordinance revenues are $15,817,300; for expenditures are $15,812,190. The Operating Ordinance also reflects the appropriation of the CDBG, HOME, and SHIP funds that were approved with a 5-year consolidated plan in July: 1) Special Program Fund - preliminary budget for 2001/02 revenues is $484,720,:for expenditures is $389,720; 2) Amendment - appropriation and CDBG, SHIP, and HOME 2001/02 revenues is $2,416,440; for expenditures is $2,416,440. The total Amended per Ordinance revenues are $2,901,160; for expenditures are $2,806,160. The third ordinance, Capital Improvement Ordinance #6843-01, establishes the operating budget for the Capital Improvement Budget for the new fiscal year. There are 4 changes to the preliminary CIP budget that were discussed at the August 7, 2001, budget Work Session with the City Commission. These changes are: 1) Northwest Recreation and Aquatics Center startup (page 188 of the preliminary budget) - The proceeds from the sale of the cultural arts center anticipated at $250,000 received in July 2001. The third quarter 2000/01 Budget Amendment will reflect the appropriation of these funds to the capital project; 2) financial system replacement (page 192 of the preliminary budget) - The planned use of Administrative Services Fund Retained earnings has been reduced from $400,000 to $300,000 based on the agenda item authorizing the allocation of $100,000 in the current year and adopted by the City Commission on July 12th, 2001. This pertains to the replacement of the financial reporting system computer software; 3) New Main Library (page 189 of the preliminary budget) - The $13,250,000 funded from the Penny for Pinellas bonds has been eliminated. The Penny for Pinellas bonds to fund this project were recently approved by the City Commission and this project will be established in the third quarter budget report; and 4) Water and Sewer Fund - the plan now reflects the planned water and sewer projects for the next 6 years. The changes above impact the preliminary Capital Improvement Budget for fiscal 2001/02 and the six year plan is summarized as follows: 1) Preliminary capital budget for 2001/02 is $49,328,910; for the 6-year plan is $163,680,030; 2) Amendments – a) Northwest Recreation Center start-up for 2001/02 is ($250,000); 6-year plan is ($250,000); b) financial system replacement for 2001/02 is ($100,000); 6-year plan is ($100,000); c) New Main Library for 2001/02 is ($13,250,000); and 4) Water and Sewer projects for 2001/02 is $25,615,630; for 6-year plan is $136,181,130. The total Amended per Ordinance is $61,344,540 for 2001/02; 6-year plan is $286,261,160. Ms. Wilson said 4 budget workshops have been held and another is scheduled for tomorrow at 8:30 p.m. Two public hearings on the budget are scheduled. The final public hearing will be September 20, 2001. The Penny for Pinellas public meeting is scheduled for September 20, 2001. The only changes made were: 1) addition of renovation of fire station #48 in 2006/07 for $2 million; 2) recreation trail project for $72,000 which will allow for City obtaining grants; and 3) $6 million decrease on debt costs that the City needs to make on Penny for Pinellas bonds. In response to a question, Ms. Wilson said the County has not revised their Pennies projects. She said these changes would not reduce the millage rate. One Commissioner read a statement regarding the use of retained earnings and where he felt reductions could be made and distributed a spreadsheet without back-up materials. A copy of the statement and back-up materials were requested. Concern was expressed that the Commissioner is submitting suggestions to reduce the budget at the eleventh hour and refuses to share his backup material with staff. It was commented that the Commission had agreed back in August 2001 to submit any suggestions regarding budget cuts in order to provide staff with the necessary time to review them. It was remarked that without the backup materials, neither staff nor the other Commissioners could accurately respond to his suggestions. It was remarked that government cannot always operate like a business because basic services must be provided. It was remarked that there are benefits to costs related to various memberships, etc. and the return must be considered before those items are cut from the budget. DS DEVELOPMENT SERVICES First Reading Ord. #6840-01 - relating to water shortages; adopting an enforcement procedure for violators of water shortage restrictions & providing an appeal process Southwest Florida Water Management (SWFWMD) issued their final order (SWF01-14) on March 21, 2001, declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco counties. As a result, the City had to increase water restriction enforcement efforts. On April 5, 2001, the City Commission adopted Ordinance #6797-01, providing a declaration of an emergency water shortage and changing the fine structure. Typically, the standard procedure is as follows: issued to water violators if a violation recurs after an initial warning. A lengthy process through Pinellas County court system is then followed in order to collect fines resulting from the citations. The following alternative method of enforcement was recommended and approved by the City Commission on April 5, 2001. Under this method, a code enforcement or police officer still issues a warning for first violation of the water restriction. Upon subsequent violations, the property owner shall be fined $100 for each occurrence. The fines will be billed to the violators by Clearwater Customer Service. This fine billing process shall not preclude an alternative citation in County court or to the Municipal Code Enforcement Board. The water enforcement program has been extremely successful. The City of Clearwater reduced water use by 11.4%, 106 million gallons of water during the drought. This is in part due to staff's efforts including Citywide enforcement coverage round-the-clock, and the Community Response Team’s customer friendly approach, concentrating on education and warnings, resulting in only 24 actual legal notices being sent. Ordinance#6797-01 will expire on November 30, 2001, or upon repeal of SWF 01-14, whichever occurs first. Ordinance #6797-01 does not provide for an appeal process. Proposed Ordinance #6840-21 continues the same rate structure and other associated billing restrictions as established during the emergency, adds new language for an appeal process to the City Manager or his designee, and extends the expiration period. This ordinance shall take effect immediately upon adoption and shall remain in effect as long as the Phase III water shortage emergency declared by Executive Director Order SWF 01-14 exists in Clearwater. In response to a question, Development Services Director Jeff Kronschnabl said the SWFWMD (Southwest Florida Management District) order is still in place and will not be lifted until the drought is over. The water table is at the bottom of the average band. ED ECONOMIC DEVELOPMENT Grant Agreement & Work Plan with State of Florida, Office of Tourism, Trade, & Economic Development, funding assessment & remediation of Brownfields sites or areas, $111,000; approve reimbursement of est. $85,873 to Harbor Bluffs L.L.C. for Phase II Environmental Assessment, Lift Removals & Soil Remediation Activities from this grant. On June 28, 2001, the City of Clearwater Economic Development team entered into an agreement with the Executive Office of the Governor to receive $111,000 for the assessment and review remediation of Brownfields sites or areas designated pursuant to Section 376.80 (pending Commission approval). The agreement had to be executed within a one-week period due to time constraints imposed by the state. The funding from this agreement must be expended by December 15, 2001. Harbor Oaks Development L.L.C. has requested assistance in the amount of $85,873 to remove environmental impediments from the property at 601-613 South Fort Harrison Avenue, which is the site for proposed Harbor Oaks Shopping Center. This work includes a performance of the Phase II Environmental Site Assessment, removal and disposal of 17 hydraulic lifts, and excavation and disposal of contaminated soils. This work can be completed prior to December 15, 2001. The Harbor Oaks Shopping Center contains the proposed 27,877 square foot Publix grocery store that will act as an anchor, as well as an additional 16,300 square feet of retail space to be provided as a result of the project. This project is projected to provide more than 210 new jobs, many of which will be accessible to residents of the Brownfields and enterprise zone areas. The remaining amount of $25,127 will be utilized for other viable economic development/community development projects prior to December 15, 2001. Economic Development Program Manager Miles Ballogg was complimented for his efforts in blending the environmental and redevelopment efforts in the City. FD FIRE DEPT Accept Pinellas County Deed conveying a 3,188 sq. ft. portion, m.o.l., of Sand Key Park in Sec. 17-29-15; approve a Declaration of Unity of Title of said parcel with a 15,000 sq. ft. portion of Gulf Blvd. r-o-w on Sand Key formerly utilized as the old Clearwater Pass Bridge toll booth (declaration assures the 2 parcels will be considered a single parcel for development of new fire station The Clearwater Fire Department proposes to construct a new 7,000 square foot split level fire station to serve residents of South Clearwater Beach and Sand Key. Development of the site plan on a limited portion of the former Sand Key tollbooth parcel required unacceptable operational aesthetics compromises. The City Manager petitioned Pinellas County to convey the essentially 10 foot by 300 foot strip of Sand Key Park abutting the western boundary of the toll booth parcel to provide sufficient land for an effective drive-through station on the ground floor with living and sleeping quarters above. At its meeting on August 7, 2001, the Board of County Commissioners approved the conveyance of the additional strip of land that, when combined with the portion of the former toll booth parcel, will provide an adequate site for construction of a functional and aesthetically pleasing station. Authorizing the City Manager to execute a Declaration of Unity Of Title of the County parcel in the former toll booth parcel will assure that the 2 parcels will always be considered as a single parcel for development purposes, until such time as the City Manager may rescind such declaration. In response to a question, Fire Chief Rowland Herald said the City has a deed for the property. The cooperation of the County was acknowledged. Presentation – Sand Key Fire Station Dick Leaman, Quante Group, said he is the Director of Development and Design for this project. He gave a presentation on the architectural/engineering design of the proposed Sand Key Park fire station. He said traffics flows, runoff, etc. were addressed. In response to a question, he said the entire building is designed to the most current standards. It was remarked that the stingray treatment area is a plus. PD POLICE Presentation – Beach Substation Deputy Police Chief Bill Baird gave a presentation on remodeling and renovation of the Police beach substation. In response to a question, Chief Baird said $820,260 in Penny for Pinellas dollars will be used for the substation. The building will be ADA (Americans with Disabilities) accessible. Some of the load bearing walls and other walls will be saved during construction. The most current Florida building codes will be used during construction. Interlocal Agreement with Pinellas County for Enforcer Geographic Information System, permitting sharing of geographic information across law enforcement jurisdictional boundaries within Pinellas County Section 163.01, Florida Statutes permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage providing data of a geographic and economic nature for the benefit of local communities. In 1966, the City of Clearwater entered into an agreement with Pinellas County based on the Substance Abuse Advisory Board (SAB), Weed and Seed grants and matching contraband forfeiture funds to implement the enforcer geographic project for shared information between Pinellas County and the Clearwater Police Department. The County, through its Department of Justice coordination, and Clearwater Police Department GIS staff developed a law enforcement date initiative known as the Enforcer Geographic Information System (GIS). GIS has proven to be a technological tool for use in crime analysis. The County, through its Department of Justice coordination, is willing to coordinate input access to data sharing and crime and mapping for through the Enforcer DIS. With the installation of the Police Department's new record management system, Clearwater's data will soon be included in the Enforcer database. The Clearwater Police Department and the County concur that a participation agreement is necessary to establish the relative responsibilities and obligations of each party as to data sharing and access. Because of the nature of the data, the Enforcer System is for law-enforcement purposes only. There is no cost to the City for access/sharing of data under the terms of this agreement. This agreement is for an undetermined length of time subject to a standard 60-day request by either party to terminate the agreement. In response to a question, Deputy Police Chief Bill Baird said the revenue source has been through the County Criminal Justice Center. The County and City will share data. The County’s GIS system database pulls GIS information for law enforcement only. It is not for use by any other city or department. There are stringent security guidelines. Increase FY 2000/2001 agreement with Pinellas County Sheriff’s Office by $80,330.10 to a new total of $465,243.96, and approve the agreement for FY 2001/2002 ending 9/30/02 at a cost of $468,985.48 for latent fingerprint and crime scene services including evidence and property storage. The Pinellas County Sheriff’s Office and the Clearwater Police Department have had this contractual arrangement since January 1,1994. This contract covers latent print examination, and crime scene processing. The total cost of the contract is $468,985.48, which is a 3% increase over last year's contract. Of this total cost, $74,269.88 is for latent fingerprint services and the balance, $394,715.60, is for evidence storage and a base workload of 2,500 crime scene processing calls at a rate of $145.16 per call. The 2,500 crime scene call base was provided by the Clearwater Police Department for the Sheriff's use in establishing his manpower and equipment allocations. Billing for requests for service in excess of 2500 calls during the period of this agreement will be invoiced at the rate of $145.16 per call. Funding for this agreement is available in the Police Department's fiscal year 2001/02 operating budget. It is anticipated that the Police Department's crime scene service requests for the current fiscal year will exceed the contractual amount of 2,000 calls by 570 calls in the current 2000/2001 Agreement. Therefore, the Police Department is seeking approval to expend additional funds and $80,330.10 to be paid to the Pinellas County Sheriff's Office, at a cost of $140.93 per call, which is budgeted in the current FY 2000/2001. If there is a balance of the 570 calls remaining on October 1, 2001, the Sheriff's Office agrees to carry forward those numbers to the 2001/2002 contract at no extra cost. In response to a question, Mr. Baird said the $80,000 in additional funds is in the Police Department budget. FN FINANCE Authorization to settle entire workers' compensation claim (medical, indemnity, & attorney fee) of claimant Robert VanBeveren, for $100,000 Claimant, a former Parks and Recreation employee, sustained injuries to both shoulders as a result of a work-related accident on October 13, 1994. As a consequence of the work-related accident, he is receiving workers compensation permanent total disability benefits. The present value of the Claimant’s workers compensation medical and permanent total disability benefits is $246,232.52. The Claimant has agreed to settle his entire workers' compensation claim for $100,000. The City will receive reimbursement of $33,000 of the $100,000 settlement from the State of Florida Special Disability Trust Fund because the claimant had a pre-existing impairment at the time of his injury. The City's Claim Committee, Risk Management Division, and the City's outside workers' compensation counsel, Mark Hungate, recommend settlement as being in the best interest of the City. In response to a question, Risk Manager Leo Schrader said the City has an ongoing safety program, however, the City cannot guarantee that employees would not be injured. In response to a question, Finance Director Margie Simmons said all departments have a training budget. Mr. Schrader said the City also has full time safety specialists that assist department regarding safety regulations. Approve 3 Releases & Waivers submitted by Merwin U. Stewart, Liquidator of Southern American Insurance Company (SAIC) for purpose of compromising & settling all claims of City against SAIC in liquidation and having same assigned a priority classification of Class 3 for future payment In November 1995, the City of Clearwater, utilizing the services and Akerman, Senterfitt & Eidson, P.A., Attorneys at Law of Orlando, Florida, submitted several claims for environmental property damage arising from the former manufactured gas plants of the City located at 400 North Myrtle Street. These claims are made against insurance companies that have underwritten and sold old general and/or excess liability insurance policies to the City. In the past, the City has recovered sums of money from 1 or more of these old insurance companies, in association with certain old insurance policies. The City has now been presented with a final opportunity to once again recover some money from old insurance policies. This time, the potential recovery is associated with 3 excess coverage insurance policies covering a 3-year time period from 1976 to 1979, including Policy Numbers SE592002, SE591452, and SE590442, issued by Southern American Insurance Company, an insurance company that is currently in liquidation proceedings in the State of Utah. The Liquidator of that insurance company has approved 2 policy claims for $25,000 each and 1 policy claim for $250,000, for a total approved claim amount of $300,000, subject, however, to approval, liquidation funds availability, and payment as directed by the liquidating Utah State Court. The City is being asked to approve the compromise settlement and execute a Release And Waiver for each insurance policy claim. Mr. Schrader said in past years, the City received in excess of $487,000 from some of its old excess liability insurance policies. This item covers policies and the claims that were approved by the liquidator. Approve purchase of property, casualty, liability, workers’ compensation, emergency medical services, fuel tank and flood insurance coverage for FY2001/2002, not to exceed $1,225,858 The Risk Management Division of the Finance Department purchases insurance coverage for the City in the above named areas. The City Administration, through its Risk-Management Division, recommends that the City purchase insurance coverage for FY 01/02 as follows: 1) Insurance coverage for excess property from Agent Insurance and Risk-Management Services Inc., Naples Florida, in the amount of $236,548,112, including the Sand Key Bridge; (90% of total insured values) $5 million from Lexington Insurance Co. at a premium of $270,608, $15 million from West Chester Insurance Company at a premium of $250,254, and $216 million + from Royal Surplus Lines Insurance Company at a premium of $180,000, for an IRMS subtotal of $700,862; 2) miscellaneous coverage from Agent A.J. Gallagher & Company - Tampa Bay, Clearwater Florida: insurance for boiler and machinery-from Hartford Steam Boiler premium $7,435 a, Marina Operators Legal Liability from Hartford Insurance Company - S E, premium $17,500, Underground Fuel Tank Liability insurance from Commerce & Industry, premium $8,374, Flood Insurance (specific properties) (estimated premiums for all properties) - from New Hampshire Insurance Company, premium $16,754, for a Gallagher subtotal of $50,063; and 3) Miscellaneous Coverage from Agent Accordia Southeast -Clearwater Florida: insurance for crime and dishonesty from Travelers Casualty, premium $5,224, excess liability ($5 million) First Layer from North River's North River Insurance Co. premium $238,000: Excess Liability ($5 million) second layer from Markel America Insurance Company, premium $26,000, EMS liability (reimbursable) from GL, Professional, and EMS from Underwriters at Lloyd's/GL, premium $61,600; Business Auto from National Indemnity Company, premium $44,109; Excess GL/Professional/Auto/EMS from TIG - premium $50,000, EMS sub total $155,709; Accordia subtotal - $424,933, total premiums for all coverage = $1,175,858. The City is required by contract with Pinellas County to purchase EMS liability coverage. The cost of the EMS liability insurance to the City is $155,709, but the City is reimbursed that expenditure by Pinellas County. Risk Management Division staff is recommending purchase of insurance coverage for the City as indicated above. The overall premium increase for property insurance between FY 01/02 of $700,862 and FY 00/01 of $415,742 amounts to the sum of $285,120. That increase is due to three factors: 1) a rate increase is responsible for $163,277 of the increase and an increase in the City's total insured values (parentheses TIV) is responsible for $91,843 of the increase and $30,000 of the increase is due to an increase in the City's property insurance coverage from $100 million to $236,548,112. TIV for FY 00/01 was $218,160,365 and the TIV for FY 0102 is $262,386,791. All property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable and conservative insurance program for the City. The recommended purchases are for a 1-year term beginning October 1, 2001, and ending October 1, 2002, except the flood insurance policies are individual policies with different terms and effective dates. The Underground Storage tank policy also has a different term running from May 20, 2001 to May 20, 2002. The difference of $50,000 between the sum requested for insurance premiums of $1,225,858 and the expected expenditure of $1,175,858 is to allow for some changes in insurance expenditures during the fiscal year. Most often these changes arise as a result of acquisition of additional City property, or the construction, or the leasing of new City facilities. The FY 2001/2002 budget includes $865,800 for insurance premiums. The difference between the projected expenditure of $1,225,858 and $865,800 of up to $360,058 will be provided at first quarter from unappropriated retained earnings of the Central Insurance Fund. Mr. Schrader said excess property has substantially increased since last year. In response to a question, he said the Sand Key bridge is now a City bridge and is covered. SBS STRATEGIC BUSINESS SERVICES First Renewal Option of 2 authorized to contract for installation of gas mains, service lines & exterior underground house piping with Mastec North America, Inc., $955,185 Mastec North America Inc., 7221 Dr. Martin Luther King Jr. Boulevard East, Tampa Florida, is one of Clearwater Gas System’s two outside contractors which install gas mains, service lines, and underground exterior house piping to meet residential and commercial customer requirements in support of gas sales and operations. Mastec was the lowest and most responsive bidder on Bid 68-00 and has performed satisfactory work during the current contractor that expires on September 30, 2001. Mastec has agreed to hold current pricing on the estimated quantities in Bid 68-00 in the total amount of $955,185 for the new contract period of October 1, 2001 to September 30, 2002. This is a contract for labor, equipment, and restoration. Funds in the amount of $796,685 will be transferred in a third quarter budget amendment from 315-96374, Line Relocation Pinellas to Project 315-96377, for Pinellas New Mains and Service Lines. There is no impact on the projects from which these funds are withdrawn. Funds are available in the preliminary Fiscal 02 budget, 423-02068-531100-532-000, South Pinellas Gas Installation in the estimated amount of $75,500, and 423-02178-531100-532-000 North Pinellas Gas Installation in the estimated amount of $83,000. Materials used will be withdrawn from Clearwater Gas System Inventory and charged to the project and cost centers for resale. Managing Director of Clearwater Gas System Chuck Warrington said staff is redoing the entire strategic plan. There were excess funds in the Line Relocation category and the City is completing a bond issue. GS GENERAL SUPPORT SERVICES Ratify and confirm the City Manager’s decision to award an emergency Purchase Order in the amount of $85,000 to Wingfoot Brad Ragan, Inc., Clearwater, Florida, for auto and truck tire service during the period: August 9, 2001 through August 3, 2002 The previous tire service contractor from City of Clearwater Bid #12-01 was found to be deficient in the performance of the contract requirements. The City and the contractor have both exercised the option to cancel the contract. This emergency procurement was necessary to provide continuous tire service to the City fleet until a new RFP and subsequent Commission approval can be obtained at the December 13, 2001, meeting. As soon as the resultant contract is executed, this P.O. will be canceled and the balance transferred to the awarded contract MPO. Wingfoot Brad Ragan was the second lowest bidder for City of Clearwater Bid #12-01 for tire services. Funding of $85,000 (potentially) is provided in the fleet operating budget. In response to a question, Frank Raymond, General Support Services, said the previous vendor offered different options and there is a potential $23,000 annual increase with the new contract. LIB LIBRARY Interlocal Agreement with Pinellas County governmental units to continue cooperative library services through 9/10/13 The City Commission voted to sign the Library Interlocal Agreement and thus join the Pinellas Public Library Cooperative on January 20, 1994, with membership becoming effective on October 1, 1994. The original library Interlocal agreement signed by other Pinellas municipalities, was established on January 10, 1989, amended on September 19, 1995, and expired on January 10, 2001. This agreement established the Pinellas Public Library Cooperative and provides for cooperative library services between member governmental units and to residents of unincorporated Pinellas County. Two short-term Library Interlocal Agreements were approved by the City Commission on January 18, 2001, and July 12, 2001 respectively. The current short-term agreement expires on September 10, 2001. The new Library Interlocal Agreement will expire on September 10, 2013. There are 18 participants in the Agreement: Clearwater, Dunedin, Gulfport, Largo, Oldsmar, Pinellas Park, Safety Harbor, St. Pete Beach, St. Petersburg, Seminole, Tarpon Springs, the Palm Harbor Community Services Agency for the Palm Harbor Library, and for the Gulf Beaches Library, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores, and Treasure Island. Changes in the new agreement include: 1) East Lake Committee Library will receive funding from Pinellas County (not, however from the ad valorem tax levied on residents of the unincorporated area for library services). This amount will be $200,000 in the next fiscal year; 2) East Lake will use this County funding as a local match in the Cooperative funding formula. East Lake is projected to receive $163,438 in Cooperative funding in the next fiscal year; 3) the Board of County Commissioners will appoint 3 seats on the 9-member Pinellas Public Library Cooperative Board, 1 from each at large district. Appointees must reside in the unincorporated area of the County. The remaining 6 board members will be appointed by the Cooperative Board. Member libraries will be solicited for board member denominations as they have been in past; 4) the percentage of Cooperative funding going to the pool that is distributed based on library use will increase from 6% in the first year to 10% in the fifth year. It will remain at 10% for the duration of the agreement. The City receives the following benefits from participating in the Pinellas Public Library Cooperative: 1) the Library receives a portion of the tax dollars collected for cooperative library service from the unincorporated areas of Pinellas County. This funding is based on local financial support for library services and library use by non-residents. Clearwater’s share: 1) in 2000/01 - $705,920; 2) in 1999/00 - $682,557; 3) in 1998/99 - $667,751; 4) in 1997/98 - $665,467; and 5) in 1996/97 - $578,388. The Library qualifies for the State Aid to Libraries Program: State dollars distributed to County library systems and Library Cooperative. These dollars are expended by the cooperative at the direction of member libraries. Clearwater's share: 1) in 1999/00 - $145,723; 2) in 1998/99 - $133,654; 3) in 1997/98 - $130,827; 4) in 1996/97 - $116,868; and 5) in 1995/96 - $90,883. Clearwater residents have borrowing privileges at 18 additional public library facilities in Pinellas County, all locations of the Tampa-Hillsborough County Public Library System, all locations of the Pasco County Public Library System, the New Port Richey Public Library, the Bruton Memorial Library in Plant City, all St. Petersburg College libraries, and the public libraries in Sarasota, Manatee, Hernando, Citrus, Hardee, Highlands, DeSoto, and Okeechobee counties. The Cooperative provides courier service between member libraries, a library for the visually impaired, a deaf services program, and administration of cooperative projects and programs. In exchange for these benefits, the City provides use of its 5 libraries to residents of the member governmental units. Library Director John Szabo said this agreement is good financially for the City. He said his only concern is the County’s ability to appoint 3 members of the Board. He felt unincorporated areas have had adequate representation. Discussion – Plan for Library Foundation involvement in new Main Library Project Recognizing that a significant portion of the total project cost for the new Main Library will come from a capital campaign conducted by the Greater Clearwater Public Library Foundation, and that the Foundation has requested representation on the project team, the following is a plan for involving the foundation and the project: Two representatives of the foundation will be project team members. The team currently consists of John Szabo, Library Director; Gary Johnson, City Project Manager; Doug Mann, Department of Management Services (DMS) Project Manager; representatives from Turner Construction; John Toppe, Harvard Jolly Clees Toppe Architects; Alex Lamis, Robert A. M. Stern Architects; and structural, mechanical, and electrical engineers. Project issues will be resolved by the team and any conflicts will be resolved by the City Manager. Issues to consider in this discussion include: 1) Accountability. For every dollar in the project budget decisions must be made in the public interest whether that dollar is a public or private one. Ultimately, the City Commission is responsible for the project. The objectives of the entire team must reflect an awareness of this; 2) Budget. As with any capital project, our resources are limited. The project team will be faced with many difficult decisions. These decisions must be made in the best interests of our citizens and City; and 3) Mission. While both the City and the Foundation share the goal of building a new library, each entity understandably has different interests. In response to a question, Mr. Szabo said although the Library Foundation would nominate 2 of the Committee members, no fixed number of members has been determined. PR PARKS AND RECREATION Ratify and confirm City Manager’s approval of City co-sponsorship and waiver of City fees for both Fiscal Years 2000 - 2001 & 2001 – 2002 Taste of Clearwater special event held at Harborview Center City Commission policy for special events states: “All fees and related charges will be waived for City-sponsored or co-sponsored events; i.e., Fun ‘N sun, Jazz Holiday, July 4th, Turkey Trot, and Martin Luther King Jr. Parade. There shall be an annual review of City-sponsored/co-sponsored events during the budget process. An agenda item approving co-sponsorship and waiver of fees for these events approved in the budget will be brought for City Commission approval at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Commission approval will be needed before said additional funds are disbursed.” The Taste of Clearwater event has been conducted for many years. It has been recently classified as a special event for public safety reasons due largely to the amount of outdoor food preparation taking place in the adjoining public parking lot. The City Manager has approved this reclassification. This one time request is to obtain approval for both the current fiscal year (2000-2001) and next fiscal year (2001-2002). The 2002-2003 event will be processed within normal special event guidelines. There is no cash contribution toward this event. The total “in-kind contribution” is $8,100 and includes: 1) Use of City of Clearwater as an event co-sponsor; 2) Fire Inspector at $200; 3) Police services at $500; 4) video bulletin board at $1,000; 5) production/exposure of public service announcements on C-VIEW at $1,000; 6) utility bill stuffer and production at $2,700; 7) media exposure of banner over Court Street at $1,000; and 8) miscellaneous PC&M staff time at $1,700. Co-sponsorship and waiver of City fees for FY 2001-2002 special events including annual City events and City co-sponsored events was approved by the City Commission on April 5, 2001, with an estimated cost of $363,820. This request is an additional special event with an estimated cost of $8,100. This additional special event will bring the total estimated costs for FY 2001-2002 to $371,920. The Special Events Committee recommends approval of the Taste of Clearwater event. In response to a question, Mr. Dunbar said the Police department generally works with staff regarding parking locations and crowd control for special events. It was requested that information relating to those topics be provided to the Commission. Mr. Dunbar also will provide a list of co-sponsors that usually participate. He noted that they can vary annually. He said the City normally provides in-kind services. PW PUBLIC WORKS Contract for sale of real property with James W. Hudson, Jr., 1208 N. Garden Avenue, Enghurst Sub., Lot 11, for $47,551.50 less estimated closing expenses of $850 for net sale of approximately $46,701.50 On June 21, 2001, the City Commission approved an amended declaration of surplus property and authorized the subject property to be offered for sale at a minimum bid amount of not less than $40,000. Invitation for Bid #63-01 was issued July 18, 2001 and duly advertised in accordance with City purchasing regulations. Three bids meeting bid requirements were received at bid opening on August 2, 2001, Mr. Hudson's being highest and most responsive of the three. The other two bids were for $43,000 and $45,000. Mr. Hudson will be applying for a fixed rate mortgage up to 95% of the purchase price for a term of 30 years. Following contract approval, Mr. Hudson will have 21 days to obtain a loan commitment. He will pay his own loan costs to secure the funds. The loan provisions are not uncommon in residential financing. The buyer will have 15 days following contract approval to conduct termite, environmental, and other property inspections. If termites or other wood-destroying organisms are present in the property, the City would be obligated to pay up to 3% of the purchase price for treatment and repairs. Closing is to occur within 30 days of contract approval by the City Commission. Sale proceeds will first apply in fund #686-00000-128165-000-000 (Community Development Block Grant Program/Deferred Loans Receivable) to retire the unpaid mortgage loan balance of $34,500 that funded construction of the subject residence. Excess proceeds will accrue in the fund for future loan purposes. In response to a question, Mr. Quillen said the property was acquired through Clearwater Neighborhood Housing Services. Change Order #2 to Annual Storm Pipe Replacement Contract with Keystone Excavators, Inc., increasing amount by $64,179.50 for new total of $381,257.58; approving time extension of 45 days to complete additional work This contract was previously approved at the March 22, 2001, Commission meeting in the amount of $295,383.83. Change Order #1 was approved administratively by the City Manager May 15, 2001, increasing the contract by $21,694.25 bringing the contract total to $317,078.08. The first Change Order reflected quantities needed for additional work to this contract on Papaya Street Storm. Change Order #2 - this recommendation is to add an additional $64,179.50 to the Annual Storm Pipe replacement contract in order to place a new storm water collection system on Pinebrook Drive. Presently, part of the existing system drains into a dilapidated storm pipe across private property where the City of Clearwater does not have an easement. This project will not only upgrade the existing system but place the proposed storm pipe into a new easement as shown on plans and specifications #99057 labeled Pinebrook Drive Storm Pipe system. The revised completion date for this project is now September 20, 2001. Sufficient budget and funding for this change order are available in project 315-96124 Storm Pipe System Improvements. In response to a question, Transportation and Drainage Director Gary Johnson said this change order is for additional work with the same contractor. He explained where Pinebrook is located. Contract to Nichter Contracting Corp., Stevenson's Creek Water Main Crossing, $98,998.90 This project will replace the existing 16 foot cast iron water main that is currently suspended across Stevenson's Creek with a 20 foot ductile iron water main that will be buried underneath the creek. This will eliminate any safety hazards and liabilities of having a water main exposed, and will increase the size to facilitate future expansion of the water system. The project is located along the south side of Sunset Point Road where Stevenson's Creek crosses just west of Betty Lane. Work will commence upon award and execution of the contract and will be completed within 60 calendar days. It was remarked that the previous agenda item, this one, and the next one are all in the same area. There are 5 schools in the surrounding area. It was hoped that the City will place signage in these areas to alert drivers they may need to change their routes. Contract to Steve's Excavating & Paving, Inc., Lift Stations 24 & 40 Improvements, $650,000 Based on the evaluations of the City's sewer system, lift stations 24 and 40 must receive high priority for upgrade as part of the overall rehabilitation of the City's wastewater collection system. This construction contract includes the improvements to lift station numbers 24 and 40 repairing the existing structures and replacing the existing equipment which has/is failing due to age and wear. Lift Station 24 is located at 1351 Sunset Road (south side of Sunset Point Road between Betty Lane and Kings Highway). Lift Station 40 is located near 1910 Belleair Road (north side of Belleair Road between Northwood Drive and Belleair Lane). The construction includes fencing/site improvements at Lift Station 40 to provide security and better access for routine maintenance and building modifications at Lift Station 24 to provide better access for pomp and maintenance and worker safety. Resolution 01-07 was passed on March 1, 2001, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a funding source were included in the project list associated with Resolution 01-07. Sufficient budget is available in project 343-96686, Pump Station Replacement. Work will commence upon award and execution of the contract and will be completed within 150 days. See above item for comments. First Reading Ord. #6798-01 - implementing grease control program for wastewater collection system The disposal of grease into the sewer system causes blockages, posing a threat to public health and environment. The U.S. Environmental Protection Agency (EPA) and Florida Department of Environment Protection (FDEP) have implemented regulations to control wastewater collection system overflows. This is done through the City's operating permits for the wastewater treatment plants. Pinellas County adopted a Countywide ordinance regulating grease waste management in their service area. The County ordinance is centered on permitting grease waste haulers, but contains provisions for grease interceptor maintenance. This Ordinance focuses on controlling grease at its source – food service facilities. This is done by registering facilities, regulating grease waste interceptor size, maintenance, and capacity, to handle grease waste prior to entering the wastewater collection system. The ordinance also provides requirements for interceptor maintenance, record keeping, and grease removal. Grease trap design criteria must comply with Florida Building Code and Department of Health criteria. Under this ordinance, grease interceptors will be registered with the City and will be subject to quarterly inspections. Quarterly checks are based on established performance criteria (6 inches on top of grease and 8 inches on bottom for solids). If the performance criteria are not met, pumping frequencies will be adjusted to meet that standard. A monthly monitoring fee of $10 will fund implementation of the Grease Waste Management Program and will apply to food service facilities in the program. The fee will be applied to the food service facility's monthly water and sewer service utility bill. This ordinance shall take effect immediately upon adoption. The following revenue codes are to be established for the Water & Sewer Utility Fund relating to the Grease Ordinance. The first will be 343555 Grease Ordinance Revenue and the second will be 354108 Grease Ordinance Violations. In response to a question, Mr. Neff said the City is not required to have a grease ordinance, but is required to manage grease in the sewer system. Concern was expressed that all commercial property owners must comply with this ordinance, however residential owners also generate lots of grease. It was remarked that since the County already has a grease ordinance that City residents must comply with, this proposed ordinance adds another unnecessary layer of government. Concern was expressed that the fee could also be a burden on commercial property owners. Mr. Neff said this ordinance would better ensure compliance throughout the City. He felt without it, the City could face future fines due to lack of compliance with the County ordinance. He said the City does not want to make this ordinance punitive in nature in order to gain compliance. The $10 fee would only cover the cost to implement the program. It will not cover associated ongoing costs for compliance monitoring. Public Works Administrator Mashid Arasteh said staff would monitor the program to assure overflows are reduced. Amend CIP to restructure current Water and Sewer Utility funding by reducing project budgets by $11,941,563.65 of sewer revenue, $5,902,194.10 of water revenue, $360,000 of reclaimed water revenue, $2,333,000 of water renewal and replacement (R&R) revenue and $2,075,844.92 of sewer renewal and replacement revenue for a total decrease of $22,612,602.67 and increasing project budgets by $231,000 of water impact fees and $8,498,623.22 of planned FY02 revenue bond proceeds, for a total increase of $8,729,623.22, resulting in a net budget decrease of $13,882.979.45. On March 1, 2001, Ordinance 6695-01 was passed increasing water, lawn water, and sewer rates by 7% beginning July 1, 2001 and for four additional 7% increases at varying intervals through October 1, 2004. In 2001, Burton and Associates completed a water and sewer rate study update requesting five 7% rate increases over the period July 1, 2001 to October 1, 2004. The restructuring is to improve operating cash flows in the Water & Sewer Utility Fund by converting project funding from unrestricted operating revenues to restricted revenues or future bond proceeds. Through expected debt service savings and re-evaluation of the timing of project funding, the restructured project schedule has no effect on the water, lawn water, and sewer rates as passed in Ordinance 6695-01. Resolution 01-07 was passed on March 1, 2001, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a funding source were included in the project list associated with Resolution 01-07. The 2001 rate study originally identified a need for approximately $113.2 million in capital projects, with bonds to be issued in 2001,2002 of approximately $36,503,000 and 2003/2004 of approximately $48,498,000 to fund a portion of the needed capital improvements. As a result of the project restructuring, the need for capital projects increased to $137,276,000, with bonds to be issued in 2001/2002 of approximately $53,776,000 and 2003/2004 of approximately $35,657,000 and with interim financing of $23,239,000 in 2005 in anticipation of a $40,644,000 bond issue in 2006. Following is the original list of $36,503,000 in projects to be financed from the 2001/2002 bond issue corrected to the updated approximate issue amount of $53,776,000: 1) Northwest advanced wastewater treatment carrousel - Original-$570,000-corrected - $315,600;2) laboratory building – original- $2,199,000, corrected-2,198,960; 3) Water Pollution Control Master Plan - Phase 3 and 4 – Original - $1,792,000, corrected - $1,700,040; 4) pump station replacement - Original - 6,060,000, corrected - $4,560,000; 5) reclaimed water - original - $2,058,000, corrected - $7,253,930; 6) Northeast improvements - original - $3,643,000 – corrected - $7,079,020 7) water treatment plant – original - $8,200,000, corrected - $6,250,000; 8) sewer interceptor lines – original - $2,781,000, corrected - $1,781,000; 9) sewer manholes and gravity lines – original - $1 million, corrected - $500,000; 10) water disinfection systems-original - $1,400,000, corrected - $1,400,000; 11) water sewer service lines - original $1 million, corrected - $1 million; 12) Clearwater Harbor sewer line relocation (JPA) – original - $1 million, corrected - $550,000; 13) Clearwater Harbor force main (Bridge) – original - $1,200,000, corrected - $1,440,560; 14) Clearwater Harbor water transmission main replacement - original - $3,600,000, corrected - $1,848,480; 15) water supply and treatment - $1,951,000; 16) Line Relocation – capitalized - $1,709,190; 17) meter/black backflow prevention device repair/change out - $275,000; 18 ) WPC Master Plan phase II - $1,200,000; 19) AWT facilities - $545,220; 19) Sanitary sewer relocation - $2 million; 20) Sanitary sewer renewal and replacement - $8,218,000. Total -- Original -- $36,503,000; Total Corrected -- $53,776,000. Project budgets will be amended at third quarter as outlined on the document. Public Works Controller Keith Bush said this amendment would have no effect on rate increases passed in March, or would it have the ability to do the projects planned. In response to a question, he said the goal of these changes is to improve the City’s cash position in the operating fund. The total bond amount would be $36 million. Finance Director Margie Simmons said the previous approval of a resolution by the Commission authorized spending not more than $35,000. By restructuring the resolution and providing more bond proceeds, the City can improve cash position and make the fund better managed. She explained the benefits of borrowing more when the rates are down, how funds are paid out of the operating fund, the water and utility funds, etc. She said this is a complicated issue. Shifting the responsibility out of cash into bond proceeds needs to be addressed as soon as possible. Staff will make themselves available to meet individually with Commissioners wanting more detailed information. Public Hearing & First Reading Ord #6834-01 – Vacating portions of street rights-of-way of Ewing Avenue, Park Street, & Prospect Avenue subject to developer of Mediterranean Village on the Pond obtaining approval of a development agreement for project from the Commission within 6 months of effective date of ordinance (City of Clearwater, V2001-16) To be continued to 9/20/01 Staff noted this item is being continued. PLD PLANNING Public Hearing & First Reading Ord. #6835-01 - Amendments to Community Development Code (re notice requirements for continuances; factors related to NCOD; transfer of Development Rights) In June 2001, the City Commission directed the Planning Department to make recommendations to Neighborhood Conservation Overlay District (NCOD) regulations regarding the neighborhood's final review of the zoning provisions proposed in a NCOD. The following five amendments are proposed to the NCOD requirements: 1) require NCOD petition to be submitted to the Community Development Coordinator instead of the City Clerk; 2) allow the Study Committee to include four alternate members; 3) require a vote of the neighborhood on each development standard proposed to be included in the NCOD; 4) require the NCOD Code amendments to be considered in accordance with the section of the Code governing Text Amendments; and 5) specify procedures for making amendments to the NCOD and eliminating the NCOD. The Planning Department also is recommending the following two amendments: 1) Notice Requirements. Revise the notice requirements for continued public hearings by only requiring letter notice to be given to the applicant and surrounding property owners and not requiring notice to be provided in the newspaper for the continued public hearing date; and 2) Transfer of Development Rights. Revise the transfer of development rights provision that limits the amount of development rights that can be transferred from the sending site to 20%. This proposal does not revise the 20% limit on the receiving site and is consistent with the Countywide Rules. At the August 21, 2001 meeting, the CDB (Community Development Board) unanimously recommended approval of the Ordinance with one revision to the Neighborhood Conservation Overlay District vote requirement. The CDB recommended that only those development standards receiving 51% of the vote cast be forwarded to the Commission for consideration. Staff supports this recommendation and has revised the Ordinance accordingly. In response to a question, Planning Director Cyndi Tarapani said the City has the right to enact an overlay district. The City could initiate a rezoning if deemed appropriate. She suggested performing annual NCOD updates. In response to a question, Ms. Tarapani said the elections would be paid for by the neighborhood and would including mailing of ballots, etc. Estimated costs are $1 per property owner per mailout. There are approximately 640 property owners in Island Estates. Discussion ensued regarding the City paying for voting costs if they are reasonable. A concern was raised regarding allowing transfer of all development rights from one property to another. Staff responded that the sending parcel could only be developed within what is allowed with its remaining rights. Staff would not support a total transfer. The City Attorney was requested to review whether transfer of development rights can be done without consent of the mortgage holder. Amendment to boundary of Island Estates NCOD to have all residentially zoned properties included in the district The initiation of the planning process and the establishment of a citizen Study Committee for the Island Estates NCOD (Neighborhood Conservation Overlay District) were approved by the City Commission in May 2001. The original boundaries of the overlay district included 574 residential properties but excluded some residential areas of the Island Estates peninsula. Since the initiation of the planning process for the overlay in May 2001, the Study Committee has unanimously recommended including all residential properties on Island Estates. This would add 62 more properties and four more zoning districts (MDR, MHDR, I, and C). In order to initiate the process of designation, a neighborhood must fulfill a series of qualifying criteria including, but not limited to, approval by a minimum of 60% property owners, increasing property values, and less than 10% of properties with Code violations. Island Estates fulfilled these criteria with the original application and continues to fulfill these criteria with the proposed addition. In response to a question, Ms. Tarapani said the NCOD applies to entire neighborhoods, not just single family homes. Condominium owners would have one vote per association, not per condominium unit. There will be discussion at public meetings with Island Estates property owners regarding the NCOD. Presentation - Cell Towers – summary of telecommunications tower regulations Consensus was to postpone this presentation on the summary of telecommunications towers regulations to a future work session. Staff distributed handouts for Commission review. CLK CITY CLERK Metropolitan Planning Organization - 1 appointment Vice Mayor Hart currently serves on the MPO with his term expiring September 12, 2001. An appointment is needed to serve for the term to September 12, 2005. The MPO meets on the second Wednesday of the month at 1:00 p.m. It was noted that both Commissioner Gray and Hart are interested in serving on the MPO. It was remarked that historically, separate Commissioners have sat on the MPO and PPC boards. Commissioner Hart was complimented for his efforts on the MPO Board. It was remarked that Commissioner Gray has served on the Citizens Advisory Committee for 2 years and would like to maintain her involvement. Commissioner Hart said if necessary, he would prefer to resign from the PPC rather than the MPO. Environmental Advisory Board - 1 appointment There is one vacant seat on the Environmental Advisory Board, which needs to be filled. The person appointed will begin immediately with her/his term expiring on August 31, 2005. The following names are being submitted for consideration to fill that vacancy: 1) Clorinda (Cookie) Gilreath, past member of Historic Preservation Board; 2) Norma Carlough, retired insurance agent; 3) Stephen G. Watts, Attorney; 4) Richard Avichouser, Realtor/Investor; and 5) D. Michael Flanery, Professional Engineer. Some Commissioners said they did not receive this information and would like to postpone discussion until Thursday night. 2002 State Legislative Package Each year, the City of Clearwater submits a list of legislative priorities for consideration by the State Legislature during their annual 60-day session in Tallahassee. The 2002 session will begin January 22, 2002. The City's legislative liaison works closely with City management staff, the city's lobbying team in Tallahassee, and State Legislative delegates representing Clearwater Districts, to draft a package that is beneficial to Clearwater, and to lobby that package at home and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues for their potential benefit or detriment to citizens and local government. Once they receive the package, our State Senators and Representatives work to incorporate these issues and funding requests into the various bills before the Legislature in their respective houses. The bills then go to the Governor for consideration and approval or veto. The 2002 state legislative package includes such issues as: funding requests for Stevenson Creek and Clearwater Homeless Intervention Project (CHIP) transitional housing; support for tax exemption of municipally-owned sports facilities; maintaining adequate funding for qualified Target Industry (QTI) and opposition of restrictions on the ability to regulate billboards. Each year, one challenge is attempting to identify the Governor's priorities, in determining how to position requests in the most advantageous light for consideration and ultimate approval. A demonstration of community support is especially effective at calling favorable attention to requests before the legislature. Toward that end, many public and private agencies work in cooperation, requesting endorsement of their platforms and letters of support for their individual issues. Staff requests Commission review and endorsement of the current legislative platforms of Florida Municipal Natural Gas Association (FMNGA) and the Florida Police Chiefs Association (FPCA). It was remarked that the legislative agenda is crucial to the City. It was suggested everyone become an advocate. Discussion - St. Pete Times advertising offer The St. Petersburg Times has approached the City to regain City advertising business. They have proposed to cut rates as follows: 1) run of paper (display ad) current daily rates-$16.61/inch, current Sunday rates-$21.78/inch; proposed daily rates - $7.75/inch, proposed Sunday rates - $10.25/inch; classified (liner ad) - current daily rates of $1.64/line, current Sunday rates $1.93/line; proposed daily rates $1/line, proposed Sunday rates $1.25/line. The Tampa Tribune currently charges the City $ .50/line for classified (liner) ads and $5.10 for run of paper (display) ads; however, the City is limited to advertising only in their Saturday Pinellas edition. With the Times, the City would be able to advertise any day of the week and their circulation rate is 10 times greater than the Tribune. The Times also will provide a link to our legal advertising web site. The majority of the City’s legal advertising is done in the Tribune; however, the City uses the Times for election, budget hearing, and special public informational meeting notices. The City paid $1,091 to place its election ad in the Times last March. For the same ad, at the proposed rate, the City would have paid $514.50. The City is required to do display ads for its annexations, zoning, land use plans, etc. In the Tribune, these size ads cost $109.10; the same ad in the Times, at the proposed rate, will cost $164.75. Discussion ensued regarding the cost of advertising in the two local newspapers. It was remarked that the City should use the most affordable advertiser as there are other methods of advertising such as C-VIEW TV. It was felt that citizens do not read legal description-type advertisements. It was requested staff provide the Commission with the total dollar amount of the increase should the City begin using the St. Petersburg Times. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #6825-01 - amending Art. 2 of Community Development Code to create Div. 16, Neighborhood Conservation Overlay Districts; creating Sec. 2-1602, Coachman Ridge NCOD which establishes additional development standards to be applied only in the Coachman Ridge NCOD It was noted that there was a Scriveners error regarding this ordinance. The correction will be made before Thursday. Ord. #6833-01 - Vacating 3 portions of right-of-way of First Avenue West, located south of McLennan Street & north of Woodlawn Street; retain drainage & utility easement over vacated r-o-w (City of Clearwater, V2001-15) Mr. Quillen said staff may request pulling this ordinance at Thursday’s Commission meeting. Efforts are being made to find a compromise with the 2 owners involved. Commission Discussion Items FLC Conference 11/15-16/01 conflict with 11/15 Commission meeting Discussion ensued regarding rescheduling the November 15, 2001, Commission meeting. Consensus was not to reschedule it. Letter received by Commissioner Jonson regarding Scenic Highways It was agreed to postpone discussion of this item until everyone was present. Commissioner Jonson said the Scenic Highways legislation would recognize resources along the side of the road, would prohibit scenic highways from being converted into a “Howard Franklin-type bridge”, and would prohibit new billboards being erected on a scenic highway. Concern was expressed that a rapid rail system could impact a scenic highway. Attendance at League of Cities’ Institute for Elected Municipal Officials Basic Course – Commissioner Jonson Commissioner Jonson requested approval of his attendance at the next meeting on October 19 and 20, 2001. The costs are $180 plus the cost of one night’s hotel room. Florida League of Cities’ Intergovernmental Relations Policy Committee – Commissioner Jonson Commissioner Jonson said this Committee deals with planning councils, billboards, etc., and has strong interaction at the State and City levels. The City Clerk said the next meeting is September 14, 2001, at Tampa Airport Hotel; then on November 15, 2001at the legislative conference. It was felt that Commissioner Jonson should apply for membership. Sister Cities Program Draft Proposal Commissioner Gray presented a draft proposal of the Sister Cities Program. Jan Kuserec, Office of Foreign language distributed an outline of the School Board’s participation in the program. She outlined areas that would make the system more cohesive, such as coordinating gift giving, recognition of students, etc. The School Board is committed to continuing the program. In response to a question, Ms. Kuserec said currently, there is no Japanese language program available in Pinellas County. In response to a question, Commissioner Gray said the Sister Cities Program Committee will seek Commission input regarding ways to communicate more effectively. It was remarked that the Commission should set the Sister Cities Program agenda annually to alleviate some of staff’s involvement. Adjourn The meeting adjourned at 2:14 p.m.