09/03/2002CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
September 3, 2002
Present: Brian J. Aungst Mayor/Commissioner
Whitney Gray Vice-Mayor/Commissioner
Hoyt P. Hamilton Commissioner
William C. Jonson Commissioner
Frank Hibbard Commissioner
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Ralph Stone Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 9:00 a.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
PUR PURCHASING
1. Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum:
1) Contract to Tampa Bay Engineering Group, Clearwater, Florida for engineering services from 09/05/02 through 08/26/03 for $200,000.
2) Postage for Utility Bills during contract period: 10/01/02 through 09/30/03 for $225,630.
3) Maintenance contract to Cayenta Canada Inc., Burnaby, BC, Canada for Utility Management Systems Programs for contract period: 10/01/02 through 09/30/03 for $80,000.
4) Contract to Florida Department of Management Services, Tallahassee, Florida for Suncom long distance service for contract period: 10/01/02 through 09/30/03 for $161,350.
5) Contract to Nextel Communications, Norcross, Georgia for Cellular/Radio services during the contract period: 10/01/02 through 09/30/03 for $236,700.
6) Contract to Sprint, Charlotte, North Carolina for PBX maintenance and miscellaneous add/moves/changes or equipment purchases for PBX during the contract period: 10/01/02 through 09/30/03
for $60,300.
7) Contract to Verizon Florida Inc., St. Petersburg, Florida for telephone services during the contract period: 10/01/02 through 09/30/03 for $402,825.
Contract to Pinellas County Solid Waste, St. Petersburg, Florida for debris removal site for the contract period: 09/05/02 through 09/30/05 for $180,000.
In response to a question regarding the contract to Florida Department of management Services, Tallahassee, Florida, for Suncom long distance service, Purchasing Manager George McKibben
said Suncom long distance service is less
expensive than other commercial carriers. Telecommunications Supervisor Kelly Legg said Suncom is 15% less than Verizon local service.
BU BUDGET
1. Public Hearing – Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2002/03 through 2009/10.
On March 6, 1997, the City Commission adopted Ordinance No. 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement
budget to discuss the use of Penny for Pinellas tax, and at any time in which there any proposed change to Penny for Pinellas funding of $500,000 or more.
The listing includes the Penny for Pinellas projects as currently approved by the City Commission last September and the new list for “Recommended Project Funding” as included in the
proposed FY 2002/03 capital improvement plan through the final year of Penny receipts in fiscal 2009/10.
Funding for one project has been eliminated in the recommended plan. This proposal recognizes the elimination of $1,225,000 of funding planned in fiscal year 2007/08 for the Myrtle
Avenue/Ft. Harrison Avenue widening project. The City’s funding is no longer needed because the Department of Transportation is now going to fund this project.
No new projects have been added under this proposal.
In response to a question, Engineering Director Mike Quillen said the FDOT (Florida Department of Transportation) is responsible for the north end of Ft. Harrison Avenue.
In response to a question, Budget Director Tina Wilson said the County is adjusting their computation of Penny for Pinellas revenues . That adjustment will not affect Clearwater’s
planned projects, but revenue will have to be adjusted down. A discrepancy between the Penny for Pinellas list and the budget book was noted. Ms. Wilson said funding for beach streetscaping
in the Penny list should be changed to match the amount for Coronado in the budget book. However, this will not be considered a change to the Penny Project list as the Coronado project
is streetscaping. Mr. Quillen said no funds have been allowed for streetscape improvements on South Gulfview. Mr. Stone said he would not know the status of the County project for
South Gulfview until the final design is completed and all available funds are determined. Assistant City Manager Garry Brumback said the Commission has indicated their priority was
to focus on beachwalk. As other resources become available, staff can focuses on the next phase of the beach. Everything cannot be done at once. Commissioner Hamilton will attend
the Gulf Boulevard planning Committee on September 23, 2002, and report back to the Commission regarding their progress.
Finance Director Margie Simmons said as funds have not been allocated in future years, the County’s lower revenue projections are not currently affecting project plans.
2. Public Hearing - Fiscal 2002-2003 Annual Budget
First Reading Ordinance #7011-02 - declaring the millage rate to be levied for the Fiscal Year beginning 10/01/02 and ending 09/30/03 at 5.753 mills (levy of 5.753 constitutes a 11.41%
increase over the rolled back rate of 5.1640 mills).
City employees were congratulated on actual expenditures being less than anticipated.
In response to a question, Ms. Simmons said insurance premiums are higher than anticipated.
FD FIRE
1. Approve changes to the City of Clearwater Firefighters' Supplemental Trust Fund relating to the Economic Growth and Tax Relief Reconciliation of 2001 and pass
Ordinance # 7035-02 on first reading.
The City of Clearwater Firefighters’ Supplemental Trust Fund must be amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001. Amendments to the plan that
are necessary due to changes in state or federal law do not need to be passed by referendum.
The following changes to the Trust Fund are recommended:
1. Amend Section 2.441, Definitions, as follows:
Increase the OBRA ’93 annual compensation limit from $150,000.00 to $200,000.00;
Increase the maximum amount of section 415 compensation for a highly compensated employee from $75,000.00 to $80,000.00
2. Amend Section 2.447, Allocations of Contributions, as follows:
Increase the maximum permissible amount of annual additions from $30,000.00 to $40,000.00
3. Amend Section 2.451, Direct Transfer of Eligible Rollover
Distributions, as follows:
Change the rollover provisions for distributions made after January 1, 2002, to allow employees to roll over any portion of their pension contributions that is includible in their gross
income provided the rollover is made to an individual retirement account or a retirement annuity described in Internal Revenue Code Section 408(b) or to a qualified defined contribution
plan described in Internal Revenue Code Sections 401(a) or 403(a) that agrees to separately account for the amounts that are includible (post-tax amount) and the amounts that are not
includible (pre-tax amount).
Include as an “eligible retirement plan” any eligible deferred compensation plan described in Internal Revenue Code Section
457(b) that agrees to separately account for the amounts transferred from the Pension Plan and an annuity contract described in Internal Revenue Code Section 403(b). This provision
will also apply to rollover distributions to the surviving spouse.
The Trustees of the City of Clearwater Firefighters’ Supplemental Pension Fund will consider this item at their next regularly scheduled meeting of November 26, 2002.
In response to a question, Pension Advisory Committee Board Attorney Scott Christiansen said the Commission must adopt any changes to the Pension. He said Item #2 speaks to the limitation
on the amount that is permitted to be contributed to Pension Plans on behalf of any individual. This is a compliance change that is required in order to be tax-qualified.
FN FINANCE
1. Approve the purchase of property, casualty, liability, workers' compensation, emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year 2002/2003 in
an amount not to exceed $1,800,000.
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 02/03 as follows:
Insurance Coverage Company Premium
Excess Property –
Agent (Insurance & Risk Management Services, Inc., Naples, FL)
($240,669,170, including the Sand Key Bridge)
(90% of Total Insured Values) 5 Million Lexington Insurance Co. $ 406,782
20 Million Westchester Insurance Co. 323,480
215 Million + Royal Surplus Lines Ins. Co. 264,769
IRMS Subtotal $ 995,031
Miscellaneous Coverage as shown below: --
Agent (A.J. Gallagher & Co – Tampa Bay, Clearwater, FL)
Boiler & Machinery Hartford Steam Boiler $ 8,550
Marina Operators Legal Liability Hartford Insurance Co - SE 18,750
Underground Fuel Tank Liability Commerce & Industry 4,815
Flood Insurance (specific properties) New Hampshire Ins. Co 16,527
(estimated premiums for all properties) Gallagher Subtotal: $ 48,642
Miscellaneous Coverage as shown below:
Agent – (Acordia Southeast, Clearwater, FL)
Crime & Dishonesty Travelers Casualty $ 10,447
Excess Liability ($7,000,000) North River Insurance Co 286,380
EMS Liability (Partially Reimbursable)
GL, Professional (Claims Made Policy) Underwriters at Lloyds/GL $ 61,600
Business Auto National Indemnity Company 76,360
Excess GL/ Professional/Auto/EMS TIG 75,000
EMS Subtotal 212,960
Acordia Subtotal $ 509,787
Total Premiums for All Coverage Shown Above $1,553,460
The City is required by a contract with Pinellas County to purchase EMS liability coverage. The cost of the EMS liability insurance to the City will be $212,960, but the City will
be reimbursed $167,044.54 of that expenditure by Pinellas County.
Risk Management Division staff is recommending purchase of insurance coverage for the City as shown above. The premium increase for property insurance between the current fiscal year
and next fiscal year is $294,169. That increase is due to two factors. Market conditions and a rate increase are responsible for $281,839 of the increase and an increase in the City’s
Total Insured Values (TIV) from $236,548,112 to $240,699,170 is responsible for $12,330 of the increase. TIV will increase during the next fiscal year as City construction projects
are completed.
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 one-year term beginning October 1, 2002, and ending October 1, 2003, 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, 2002 to May 20, 2003.
The FY 2002/2003 budget includes $1.3 million for insurance premiums. The difference ($500,000) between the projected expenditure of $1.8 million and the budget of $1.3 million will
be provided as a first quarter budget amendment from unappropriated retained earnings of the Central Insurance Fund (CIF). That difference allows 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. There should
be some construction projects completed during FY 02/03 that will need to be insured.
In response to a question, Risk Manager Leo Schrader said the City requires insurance companies be rated AA+ . He said reasons insurance rates are increasing are: capacity problems
at insurance companies, terrorism activities, stock market conditions, and because Clearwater is a coastal community. Additional insurance is required for additional facilities. He
said there is not enough savings to justify increasing the City's’ self-insurance. He said in the past, FEMA has helped to reimburse cities for emergency costs. He felt the $10 million
for excess liability insurance is needed. The Florida company that had previously provided insurance coverage can no longer provide the same programs.
Ms. Simmons said Mr. Schrader has been with the City for 15 years and is retiring this month. He will be missed.
MR MARINE /AVIATION
1. Approve one additional FTE for the Marine Department consisting of .6 FTE for Pier 60 (General Fund) and .4 FTE for the Marine (Marine & Airpark Fund).
The Marina and Aviation Department recently re-wrote its Department’s Business plan for the next five years. While reviewing each division within the Department we have found ways
to improve both services and minimize costs. Herein we present the supporting documentation to justify the above cost saving and profit driving changes.
Pier 60
At Pier 60, concurrent with the installation of a point of sale system and interior remodeling, an analysis of the total work hours revealed that we are understaffed. We have covered
the additional hours in the past with overtime (premium) hours. Budgeted overtime will be reduced by $8,000. With the remodeling of the entrance of the Pier Bait house the revenues
are anticipated to increase by at least $4,380 because of easier access to the retail operations. With $8,000 reduced overtime and $4,380 increased revenue ($12,380) the .6 FTE salary
of $11,681 will be offset.
Marina Fuel Dock
Hours of operation at the fuel dock will be increased by 3 hours a day for 3 days a week for 22 weeks (peak season). Fuel sales are projected to increase by 33,462 gallons. Additional
revenue of $8,533 will be realized and will easily cover the .4 FTE salary of $7,794.
First quarter amendments will reflect the necessary adjustments resulting in the increased cost of the .6 FTE at Pier 60 and the .4 FTE at the Marina, which will be offset by the decrease
use in overtime at the Pier, and an increase in revenues at the Marina and Pier.
In response to a question, Mr. Morris said this will allow tradesworkers to perform the jobs for which they were hired. He said employee benefits have been included in the savings.
PR PARKS AND RECREATION
1. Approve Agreement between the School Board of Pinellas County and the City of Clearwater for the development of a Joint-Use Driveway for Eisenhower Elementary School and the Eddie
C. Moore Fields 8 & 9.
The City acquired approximately five acres of land immediately west of Eisenhower Elementary School to construct additional softball fields, known as Eddie C. Moore 8 & 9. These fields
will replace the Chesapeake Park field which is now owned by Calvary Baptist Church and the Bomber Stadium which will be removed to make room for the Community Sports Complex.
The Pinellas County School Board is completing a remodeling and renovation project, including parking and driveway improvements at Eisenhower Elementary School.
The City and School District staffs are recommending a joint-participation agreement to develop a shared-use driveway and connecting sidewalk between the City and School sites to be
aligned with the signalized intersection at Drew Street and Hampton Road.
The School Board has constructed the driveway and sidewalk, which is partially located on City land. The City will provide improvements to the intersection including a new east bound
storage lane, which will be used by both the School and the City.
The shared use driveway is a cost-effective way to provide vehicular access to both sites and provide the safest entrance for both vehicles and pedestrians.
In the future the City and School District will permit shared-use of each other’s facilities in accordance with the current Joint Use Agreement. This will allow the City to use the
School’s parking facilities for the ballfields thus preserving more land for recreational use and saving funds that would be needed for larger parking lots.
The term of the Agreement is for twenty-five (25) years, with a provision to renew for an additional twenty-five (25) years.
Construction of the additional ballfields will begin in early 2003 with completion scheduled for the fall of 2003.
In response to a question, City Attorney Pam Akin said there are no liability issues involved.
CLK CITY CLERK
Approve Agreement with Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. to provide lobbyist services at the state level from 10/1/2002 to 9/30/2007 at a cost of $48,000 per year, plus
expenses not to exceed $4,800 per year. (Consent)
Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the state level. An RFP (Request for Proposal) was released to select a provider of
these services. Five invitations were mailed; responses were received from the firms of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.; Holland & Knight; Haben & Richmond, P. A.,
and Becker & Poliakoff, P. A. The evaluation committee, consisting of the City Clerk, two Assistant City Managers, City Attorney, and Finance Director, reviewed the written proposals
on August 6, 2002. The committee determined Pennington, Moore, Wilkinson, Bell & Dunbar the most responsive to the criteria established in the RFP. Selection criteria were: Overall
quality; Experience; Qualifications; Reports from References; and Cost for Services.
Pennington, Moore, Wilkinson, Bell & Dunbar were retained October 1996 and will complete their Legislative Consultant Services Agreement on September 30, 2002. Working closely with
the City and its state legislative delegates, the Pennington lobbying team has been instrumental in the appropriation of important state funding for Clearwater. Priorities for the coming
year are being developed and soon will be forwarded to the Commission.
In response to a question, City Clerk Cyndie Goudeau said it is the policy of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. that should a conflict of interest
occur with another client, the client that has been with the firm the longest would receive representation and the other(s) could seek alternate representation. It was remarked that
any law firm with good credentials have the potential to have conflicts of interest.
2. Clearwater Housing Authority – 1 Appointment
Ms. Goudeau said the Mayor makes the appointment to this board. There are no nominees at this time. She will double-check the number of vacancies on the board.
It was remarked that this board is extremely important. Everyone was encouraged to help find nominees.
3. Environmental Advisory Board – 1 Appointment
It was remarked that Michael Flannery has served on the Brownfields and Brownfields TRC (Technical Review Committee). He appears to be the best qualified candidate as he has environmental-related
service experience. It was suggested that Ms. Carlough also would be a good candidate.
Commission Discussion Items
Discussion ensued regarding a workshop that Commissioner Jonson attended regarding redevelopment. Mr. Bellemo was present and invited Commissioner’s Jonson’s continued participation.
Commissioner Jonson said he would ask the City Manager to include him in future opportunities.
Planning Director Cyndi Tarapani said that particular workshop covered streetscaping and wayfinding work. The second half will be the design for Coachman Park and the two other open
spaces. Staff anticipates holding public workshops and discussions. Staff would first discuss issues then take them to the CDB (Community Development Board) the Mainstreet Committee,
downtown property owners, Clearwater Chamber of Commerce and other entities. It was suggested that staff clearly indicate those meetings that are publicly noticed so that Commissioners
can attend. It was remarked that it would be helpful to schedule a work session regarding these issues.
1. Visioning Statement with Strategic Priorities
Staff is requesting the Commission’s input on the Vision statement in order to move forward with strategic priorities. The draft provided incorporates some changes recommended by Commission
members.
Discussion ensued regarding additional changes included in a document distributed at the meeting by Commissioner Jonson.
The following direction was provided:
there be no listing of stakeholders.
"tree-lined not be included in the 6th bullet point under vision. A separate vote was requested for this item.
under Economic Development,
include residential in the second paragraph;
add suggested language re encouraging neighborhoods to participate in a neighborhood development program and seeking grants to support housing stock;
not include language re streghthened neighborhoods nurturing business development;
In the paragraph that begins "Downtown will be redeveloped…" add to the second sentence "additional parking as needed" and add a sentence that reads "At the same time the City will focus
on the small aspects of making downtown a special place" but not include the specific actions suggested.
In the paragraph that begins "Clearwater Beach provides…" not include the suggested sentence re improving investment return on existing resources. Add "residents and" before "tourist"
in the second sentence. Add "while at the same time be faithful to its traditional character of open public access to the beach" to the last sentence.
In the paragraph that begins " the City's Businesses…": add a sentence that reads "Clearwater is uniquely positioned to attract quality office, small technology businesses and retail
development- we have an unequaled quality of life and business support services of a large metro area" but not include language re access to big city transportation. Retain the sentence
re jointly pursuing incentives to be competitive within the greater Tamp Bay area. Add a sentence that reads "We recognize that the retention and support for existing businesses provides
opportunities for redevelopment and growth within our City" eliminating the work "greatest." Not include language re landscaping major entrances to Clearwater; a separate vote was requested
on this item. Add a sentence re supporting partnerships that encourage work force development.
Under Quality of Life,
not add "and raise children" to the assumption
add a sentence that reads "We will celebrate our diversity and historical connections to our past through events, festivals and publications.
Not to create a section titles Clearwater Neighborhoods.
Under Conclusion
delete "However" at the beginning of the second paragraph and capitalize "while."
In the third paragraph use "wonderful" instead of "fun" in the last sentence.
2. Tree Tour of old Clearwater Mall Site
It was remarked that the tour is scheduled for 10:00 a.m. on October 5, 2002. The Planning Department staff will invite members of the public who have expressed an interest in the
tour and a brief slide show. In response to a question, Ms. Tarapani said she did not know if the Sembler Company has applied for a grubbing permit. She said the tour would be limited
as the area is a construction site and not fully accessible. It was suggested that staff try to include view of the specimen tree stand during the review if possible.
Other Commission Action
Commissioner Jonson said he would like to discuss code enforcement downtown sometime in the future. He questioned the award being given to Infinity Broadcasting as they have received
some bad press recently. He reported he had submitted a guest article to the Clearwater Gazette.
It was noted that the individuals involved in the article no longer work at Infinity. This award is from the Parks and Recreation Department for Infinity’s participation in parks and
recreation events.
Commissioner Hibbard offered condolences and prayers to Glenn Warren and Tom Horn for the loss of their grandson.
Commissioner Hamilton said the synopsis of Glenn Oaks arrived in the mail today. He said he did not arrive until the end of the event, after everyone began leaving the park.
Adjourn
The meeting adjourned at 12:28 p.m.