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09/30/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER September 30, 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: 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 9:05 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. DS DEVELOPMENT SERVICES 1. 1st Reading – Ordinance #6935-02 amending the building code requirements to provide regulations for construction of buildings to support adequate radio coverage for City Emergency Service Workers, including Firefighters and Police Officers The City of Clearwater operates an 11-channel public safety radio system in the 800-megahertz (MHz) band. The system was designed to provide clear, intelligible, in-building communication from portable radios with public safety speaker microphones mounted at shoulder height with an area coverage reliability of better than 95%. The City has recently discovered that erection of some new or additions to large buildings (for example, additions at Countryside Mall) affects the radio system coverage. The effect on radio coverage is dependent on location (distance from the radio transmitter and receiver and other buildings in the vicinity), height, projected frontal area and construction materials. If engineering studies indicate that there is a potential for reduction in radio system coverage to a level below that considered acceptable for reliable public safety communications, corrective action will be required to assure radio system coverage reliability is retained. At the minimum, a Radio Signal Booster System will be required. In extreme situations, it may be necessary to install a satellite receiver station. This new ordinance includes requirements of a Radio Signal Booster System which will correct for a predicated reduction in the radio signal through fade margin studies, resulting from a new building development, to a level below that required to assure the 95% area coverage reliability needed for public safety communications. Single family residences and/or buildings less than 5,000 square feet are exempt. In response to a question, Development Services Director Jeff Kronschnabl said this ordinance applies to new building construction, expansions or remodeling. Building Official Kevin Garriott said it would not be retroactive, however staff would work with owners of existing buildings to get voluntary compliance. Rick Carnley, Assistant Director of General Services said large buildings whose size prohibits radio transmissions unless a booster antenna system is installed would be affected by this ordinance. It is estimated the booster system will cost $20,000. It was requested staff provide information regarding the names of commercial establishments and the number of buildings that would be affected by this proposed ordinance. ED/HSG ECONOMIC DEVELOPMENT HOUSING 1. Environmental Protection Agency (EPA) Award for Brownfield Clean-up Revolving Loan Program Economic Development Coordinator Linda Byars presented a commendation to the City of Clearwater for its contribution to the Brownfield Clean-up Revolving Loan Program. PD POLICE 1. Approve acceptance of grant funding in the amount of $34,510 from the State of Florida, Office of the Attorney General, 2002/2003 Victims of Crime Act (VOCA) Grant Program The City of Clearwater Police Department has been awarded a VOCA grant in the amount of $34,510 that will be used to continue funding for an additional victim advocate. For the past three years, VOCA grant funding has allowed Clearwater’s victim assistance program to provide more crime victims with crisis counseling; follow-up contact; information and referral; criminal justice support/advocacy; emergency financial assistance; and assistance in filing compensation claims. The addition of the VOCA-funded victim advocate and the victim assistance program volunteers has enabled Clearwater to provide all of these services at virtually any time of the day or night and allowed for easier scheduling of vacation and sick days without a negative impact on victim services. Grant funds will provide $34,510 for salary and benefits for the additional victim advocate. A percentage of the salary and benefits for both of the Department’s victim advocates will serve as the City’s required 20% match in the amount of $8,627. All costs associated with the grant will be charged to Special Project Number 181-99301. The VOCA-funded victim advocate position is not required by the grant to be retained at the end of the grant period. VOCA Program Guidelines require that all grant recipients utilize volunteers in their victim advocacy programs. The Department has been successful in recruiting a number of outstanding volunteers to supplement the program and will continue to do so. The Department provides the screening and training for the volunteers, as well as office space, equipment and free parking. In response to a question, Police Chief Sid Klein said the associated costs include the vehicle and in-kind services of the full-time victim assistant. The City is not required to retain the position once the grant is finished. Chief Klein was complimented for obtaining the grant and the Victim Advocate Program. PR PARKS AND RECREATION 1. Accept grant and approve the corresponding agreement from the Florida Department of Transportation totaling $62,065 for 100% funding FY 03 for a Pedestrian Bikeway Coordinator and 75% funding in FY 04 and 50% funding in FY 05, and establish one FTE The Parks and Recreation Department has attempted to administer the City’s Bikeway and Trail Plan through the allocation of limited staff resources. While this program has been successful in the development of the East/West Trail it has not been able to receive the necessary focus of securing the necessary funding to implement the citywide vision. The Tampa Bay region is annually selected as one of the most dangerous and un-pedestrian, bicycle unfriendly transportation systems in the country. In the Parks and Recreation Master Plan that was presented to the Commission earlier this year one of the top priorities was the completion of the City’s bikeway and trail plan. This will not only provide safe passage for non-automotive vehicles but also links many of the City’s parks and recreation facilities. Through the State of Florida Department of Transportation, Highway Safety Funds are available as a sub grant of the U.S. Department of Transportation to provide a safe alternative for non-automotive vehicle transportation for a three-year period. Acceptance of this grant and the establishment of this position will allow for the submitting of grant opportunities, monitoring of projects from award through construction, and securing of funding to complete such projects as the East/West Trail, Druid Road Trail and the coordination with the county and other trail providers to provide a seamless link. In essence to provide a first class pedestrian environment citywide. It is anticipated that the completion of the citywide trail system will take 20 years. Per the Master Plan, maintenance costs over that period of time are anticipated to reach $150,000. Funding is proposed to come from projected revenues for Pinellas County for non-resident facility use. Future funding would be provided within the Parks and Recreation budget through a combination of attrition and reallocation of existing resources. No new funding is being requested, only one unfunded FTE. Parks and Recreation Director Kevin Dunbar said he is comfortable the Pedestrian Bikeway Coordinator position would be funded through attrition after the grant is finished. He said the demand for bicycle trails is determined by the degree of difficulty mobility. There is a need for safe links for school children to traverse intersections, walk to school, etc., and for intersections and bicycle trails to be pedestrian and bicycle friendly. In response to a question, he said the Landmark Trail is currently unfunded. He said there is a possibility that the Florida Power Trail would eliminate the need for the Landmark Trail. PC PUBLIC COMMUNICATIONS 1. Adopt Resolution #02-46 to approve the transfer of the franchise to operate a cable television system in the City of Clearwater from Time Warner Entertainment-Advance/Newhouse Partnership to a wholly-owned subsidiary and management, TWEAN (Time Warner Entertainment Advance Newhouse) Subsidiary, LLC. On November 21, 1996, the City of Clearwater adopted Ordinance 6108-96, granting a cable franchise to Time Warner Entertainment – Advance/Newhouse Partnership (d/b/a Time Warner Communications). The Ordinance granted the use of the City of Clearwater rights-of-way for a term of fifteen (15) years. Time Warner Communications submitted documents, dated July 18, 2002, to the City of Clearwater requesting approval of the transfer of the cable franchise to a wholly-owned subsidiary of Time Warner Entertainment-Advanced/Newhouse, enabling Advance/Newhouse to take a more active role in the daily management of the cable system. Per the documents submitted, the transfer should have no significant impact on the cable system within Clearwater including the decentralized management structure. The local management and staff will remain the same, but will become employees of Advance/Newhouse. Customers will not see any changes in customer service, the commitment to continue high-quality programming choices, or the provision of new services. The Mayor recused himself from discussion. In response to a question, City Attorney Pam Akin said Time Warner is realigning their business arrangement. This will not limit their liability or viability. 2. Award a contract to Automated Presort, Inc., Tampa, Florida in the amount of $400,000 (estimated) from November 1, 2002 to October 31, 2003, for mail processing services and postage for the City of Clearwater Automated Presort, Inc. was selected as the least expensive and most responsive vendor to RFP #38-02, for the outsourcing of mail processing services for the City of Clearwater. Automated Presort, Inc. will pick up, weigh, meter, sort and deliver City of Clearwater outgoing department mail to the United States Postal Service. Automated Presort, Inc. will pick up, fold, insert, meter and sort utility bills and deliver utility mail to the United States Postal Service. The $400,000 consists of the following: $50,000 for mail processing services provided to all City Departments sending mail, $130,000 for postage used by all City Departments sending mail and $220,000 for postage used by Clearwater Customer Service for utility mail. Funding is available in the 2002/03 operating budget for this contract. In response to a question, Public Communications and Marketing Director Jackii Molsick said staff does not have the capacity to handle this service in-house. PW PUBLIC WORKS 1. Downtown Parking Study Implementation Recommendations Parking Facilities Manager Tracey Bruch presented Downtown Parking Study Implementation Recommendations including proposed time limits and rate adjustments. She said downtown parking has been supported by revenues from the beach. Parking rates have not been adjusted since 1984. She said there is a parking deficit on Cleveland Street between Fort Harrison and Osceola. Ms. Bruch said staff is considering charging special event parking fees after the new Memorial Causeway Bridge is constructed. Discussion ensued and it was suggested parking meters in downtown be enforced on weekends. It was suggested consideration be given to part-time positions rather than 6 FTEs (Full-time equivalents). Ms. Bruch said the full-time employees not only efficiently enforce parking but serve as ambassadors to the City providing a sense of security in the area. She felt the FTEs are needed to ensure the program’s success. She said turnover becomes an issue with part-time employees. In response to a question, Ms. Bruch said downtown parking revenues historicallly have not covered costs. Concern was expressed that short and long term parking on Cleveland would create confusion and that the proposed rate increases may be too high. Assistant City Manager Ralph Stone said as rates have not been adjusted since 1984, and the DDB (Downtown Development Board) is in agreement with the rate adjustments, they are appropriate. It was remarked that rate adjustments should be made more often than every 17 years. 5. Approve a work order to Parsons Engineering Science, Inc. an Engineer of Record, to provide engineering design and permitting services for the Glen Oaks Stormwater Management Project for the sum of $649,792 This project is the highest ranked capital improvement project for the Stevenson Creek Watershed Management Plan. The project consists of two stormwater management areas totaling approximately 22 acres in size. It will provide flood protection from a 100-year design storm for 33 structures (78 dwelling units) within the middle Stevenson Creek Basin, create approximately seven acres of vegetated wetland habitat, and provide water quality treatment for 1,193 acres of drainage area. In addition, the project will reduce the rates of downstream creek erosion and sediment deposition. The Chi Chi Rodriquez Youth Foundation has an agreement with the city regarding the operation and maintenance of the course through March 1, 2010. Stormwater improvements to this site prior to March 1, 2010 will have an impact on this lease. There is a provision in the lease that allows the City to terminate the lease for any municipal purpose consistent with City Charter by giving one (1) year written notice to the foundation. A public meeting was held at the Glen Oaks Golf Course on August 29, 2002. Approximately 30 people attended and expressed their opinions. While most did not want to see changes many felt that if changes were made a park with trailhead would be nice. Some of the concerns were regarding soccer field lights and possible noises from soccer use. Other concerns included increased transient issues due to no golf course. The City of Clearwater Real Estate Services Coordinator , estimates the property value of the Glen Oaks Golf Course at $1,360,000, which is 1.9 times its current $716,100 tax assessed value. The appraised land value will be used to offset the Parks and Recreation design and construction portion of the project. Total estimated project construction cost is $4,384,490 with $2,611,896 for the Stormwater portion and $1,772,594 for the Parks and Recreation improvement portion. Sufficient budget and 02 Stormwater Revenue Bond proceeds are available in project 377-96144, Stevenson Creek Implementation Phase I, to fund this work order. The project design is estimated to take one year to complete from the notice to proceed date and the construction phase is estimated to take one year from the time plans are complete. In response to a question, Assistant Director of Engineering Al Carrier said two of three property owners in the area have indicated they would sell their homes to the City. Staff is negotiating with the third owner. Sale of those homes would allow the City to reconfigure retention ponds. Purchase of those homes would come from the stormwater budget. CA LEGAL DEPARTMENT Other City Attorney Items Ms. Akin said staff is requesting the Commission’s consent to pursue an appeal to the Circuit Court’s award to the Second District Court of Appeals regarding Jeffrey Arthur Jones Corp. v. Oakhurst Construction Co., Inc. v. City of Clearwater. This case arose from the construction of the family aquatic center on Clearwater beach. The City was sued by its general contractor (Oakhurst) to recover attorney’s fees and costs it incurred in a lawsuit brought against it by its subcontractor (Aquamarine). After a trial before a circuit judge, Oakhurst was awarded fees and costs in the amount of $65,543.75. Consensus was for the City Attorney to pursue the appeal. Commission Discussion Items 1. City Manager Evaluation AND City Attorney Evaluation Ms. Akin said the Commission might want to give consideration to the process for the City Manager Evaluation. The Commission has been supplied with two forms, a SAMP 6 Form and a form provided by the City Manager to use for the evaluation process. She said the process is entirely up to the Commission. She said once any forms are completed, they would become public record. Discussion ensued and it was felt each Commissioner could decide how to complete their surveys. A verbal summary will be given at the Commission meeting. It was felt that the salary discussion could be scheduled for the October 17 Commission meeting. 3. Charter Review Committee City Clerk Cyndie Goudeau said the City is required to initiate a Charter Review Committee in January 2003. The Committee must be no less than ten members. She said the Commission should consider appointment of members, frequency of meetings, and if any particular issues should be addressed. Ms. Goudeau said staff would place an advertisement in the newspaper and on C-View regarding the Committee Ms. Goudeau said any Charter revisions would be on the March 2004 ballot. Other Commission Action Commissioner Jonson responded to a column by Diane Steinle of the St. Petersburg Times. He is supportive of the Mandalay streetscape and he did not say he wanted to abolish the Economic Development Department, but rather had made comments about the Tampa Bay Partnership at a previous Commission meeting. He encouraged Commissioners to provide him with input they may have regarding the performance evaluation for the Executive Director of the PSTA. He distributed a copy of the Strategic Intermodal Workshop. He said a map was included in the materials showing high-speed rail terminating in downtown area of St. Petersburg instead of at the airport. He said the Suncoast League at the Harborview Center had a wonderful meeting. The Harborview provided excellent service and he would like to refer them to the Harborview next year. Mayor Aungst requested Commissioner Jonson share his response regarding the beachwalk project. Commissioner Jonson said he stated he supports beachwalk but did not approve of acquiring the property for a parking lot as it was not appropriate financially. He said after conversations with Mr. Stone and Mr. Horne, he believes the section of Hamden between Coronado and Gulfview would be part of the beachwalk project. Mayor Aungst said the Tampa Bay Partnership, at meetings last week, discussed the importance of redevelopment for a built-out community and the need for incentives to accumulate land to redevelop in downtown areas. Commissioner Gray said the high-speed rail terminating in the downtown area of St. Petersburg is a subject of debate. She said the Tampa Bay Partnership has done strategic planning and are willing to provide Clearwater with a win-loss score card regarding accountability. She said she has information regarding the St. Petersburg Grand Prix in February and would like to find a way to promote Clearwater. Adjourn The meeting adjourned at 10:39 a.m.