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05/03/2004CITY COUNCIL WORK SESSION CITY OF CLEARWATER May 3, 2004 Present: Brian J. Aungst Mayor Frank Hibbard Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson Councilmember Carlen Petersen Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia Goudeau City Clerk Patricia O. Sullivan 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. Presentations Albert B. Herndon Award presentation to Rob Powers The Mayor presented the Albert B. Herndon Award to Systems Analyst Rob Powers. Test Network for a Community Network Infrastructure Councilmember Hibbard reported he had voted against the Community Network Infrastructure at the last MPO (Metropolitan Planning Organization) meeting as background information was provided too late for adequate review. Support of the initiative was defeated by one vote. Mohan Pundari, a STAR Center independent contractor, requested support for establishing a test network in the Tampa Bay region for the beta deployment of the standards, protocols, and recommended engineering practices for an Integrated 4.9 GHz Public Safety/5.9 GHz WAVE radio system to form a Community Network Infrastructure. He said the system’s goal is to integrate public safety with ITS infrastructures and is supported by area police and fire chiefs. He said many local opportunities would result if the federal government chose Tampa Bay in 2006 as the beta site. Concern was expressed the system could be “Orwellian,” as it potentially could identify the location of everyone’s vehicle. Mr. Mohan said if awarded, public safety issues would be instituted first, followed by ITS, then other applications, as capability exists. A new bandwidth of radio signals would be allocated to public safety. Public Works Director Mahshid Arasteh said staff will review and submit their recommendations to the City Council, should the MPO reconsider this issue. Purchasing Fencing material and installation during the contract period: May 22, 2004 through May 31, 2005. Purchasing Manager George McKibben said the contract will cover the installation of fencing as needed for City projects and emergencies. In response to a question, Parks & Recreation Director Kevin Dunbar said the City has installed a 6-foot high fence along Keene Road at the Executive Golf Course. Discussion ensued and it was felt safety is more important than the need for aesthetics when blocking golf balls from the road, which could compromise motorist safety. The County will not fund new fencing along its road extension. Staff is discussing the issue with the course operator, who is responsible. Assistant City Manager Garry Brumback said the situation needs to be assessed before a solution is determined. In response to a question, the City Attorney said many parties could be held liable for damage from errant golf balls, including golfers, the golf course operator, and the City. It was requested this issue be addressed soon and a timetable be provided. Finance Declare surplus to the needs of the City and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida, the list of vehicles and equipment. It was suggested some listed low-mileage vehicles could fetch more money if sold by means other than by auction. Mr. McGibben said the vehicles had been used for administrative purposes or as pool vehicles and are in poor condition after sitting in the sun. Solid Waste/General Services Assistant Director Rick Carnley said the subject four vehicles are the last remaining old ones since his department took over administration of the fleet. Fire and Rescue Department Pass on first reading Ordinance #7292-04, which pertains to the City of Clearwater Firefighters Supplemental Trust Fund to permit a change in the Plan’s investment policy to allow a “BBB” or higher ranking by a major rating service for any bonds invested in by the Plan. The Clearwater Firefighters’ Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. A Board of Trustees, solely responsible for administration of the trust fund, manages these monies with the aid of investment and legal professionals. Because of the lump sum payout provision of the Plan, the investment strategy includes significant allocation of Plan assets in fixed income investments. The current investment policy of the Plan limits investments in Bonds to those that carry an “A” rating or better. At its most recent quarterly meeting, the Board of Trustees was requested by its primary portfolio manager and investment consultant to consider changes in its investment policy to permit the manager to allow for investment grade bonds of a “BBB” rating. The specific recommendation reviewed the risk/return characteristics of BBB bonds, which are considered a large source of value added in a high quality portfolio. This is consistent with the Plans Target Index of Return, made up of the Merrill Lynch Domestic Master Bond Index, which holds 11.5% of BBB Bonds. Accompanying this change is a requirement in the Supplemental Trust Fund Investment Policy that the average credit quality of the entire bond portfolio remain at an “A” or better rating. The Board of Trustees subsequently approved the recommendation and is requesting amendment to the Ordinance as indicated above. In response to a question, Fire Chief Rowland Herald said these bonds usually are upgraded and add value to the trust fund’s portfolio. It was felt the request is reasonable as only 11% of the fund’s fixed income is invested in BBB rated bonds. Marine and Aviation Approve the fourth amendment to the Clearwater Airpark, Inc. lease, the Fixed Base Operator at Clearwater Airpark, amending Exhibit “B,” the Tie-Down/Hangar Lease for airpark tenants. The Lease and Operating Agreement for Clearwater Airpark includes a Tie-Down/Hangar Lease agreement as one of its exhibits. The Airpark’s Legal Department representative has confirmed that the City cannot legally keep out tenants that follow all Federal Aviation Administration (FAA) and Manufacturer’s guidelines for their aircraft. A few Citation aircraft owners are on the waiting list for the new corporate hangar. A Citation is a small, turbo fan, corporate jet manufactured by Cessna. It is forty-three feet long, with a wingspan of forty-seven feet, much the same size as many of the planes at the airpark. The perceived problem is the noise that jets produce. The noise is not louder, it is different than propeller driven planes. By adding the following language to the lease between the Fixed Base Operator and prospective tenants, staff can better monitor and control the behavior of the aircraft owners: 1) A copy of the performance section of the pilot’s operating handbook for the aircraft listed on this rental agreement is required prior to placing the aircraft in the airpark and 2) Failure to abide by performance specifications of the pilot’s operating handbook is reason for immediate termination of this rental agreement. Marine & Aviation Director Bill Morris reported Clearwater Airpark’s open house was well received. In response to a question, Mr. Morris said the City can terminate the lease of pilots who fail to abide by performance specifications. Approve termination of the Lease and the License Agreement between Phil Henderson Sr., President of Clearwater Ferry Service, and the City of Clearwater prior to the termination date scheduled for August 31, 2004. The City and Clearwater Ferry Service entered into a ground lease and a license agreement on August 2, 1989. The Lease and License Agreements between the City and Clearwater Ferry Service, Inc. to run the Clearwater Ferry Service from the Drew Street Dock are due to terminate August 31, 2004. Phil Henderson Sr., President of Clearwater Ferry Service, requests that the agreements be simultaneously terminated sooner so that he can relocate the business. Mr. Henderson represents in the Termination Agreement that he does not have any agreements with third parties, either formal or informal, to enter upon or use the leased premises, therefore, upon termination there will not be an ongoing need for Mr. Henderson to provide insurance of any kind. The City plans to use the location as a public fishing dock. Termination of the agreement prior to the expiration date will expedite its usage for the public. In response to a question, Mr. Morris said there is no penalty for early termination. Parks and Recreation Approve one-time funding from unappropriated-retained earnings for the operation of two summer camp programs for economically disadvantaged children that has been previously funded by the Juvenile Welfare Board in the amount of $52,200. Clearwater Parks and Recreation programs a 10-week Summer Camp for economically disadvantaged children aged 10-14 years at the North Greenwood Recreation Complex, and Ross Norton Recreation Complex in Clearwater’s North and South Greenwood communities. Serving 95 children, aged 10-14 years, camp activities include: drama, tennis, art, magic, computer lab, swimming, field trips, games and sports. This program is compatible with JWB’s (Juvenile Welfare Board) Strategic Plan in the following areas: providing a substance abuse program, skill development activities, children aged 10-14 years, community-based activities, structured activities, support from 3 or more adults, quality services and activities while preventing problem behaviors. For the past 4 years, the JWB has awarded a grant to the City to provide this programming. Unfortunately, staff did not submit its 2004 grant on time and it was rejected by JWB for being submitted late. The grant would have provided $41,200 funding for 75 middle school aged youth. The grant would have covered 100% of the camp that will be hosted at the North Greenwood Recreation Complex for children ages 10-14. The grant would have provided $11,000 funding for 20 middle school aged youth. The grant would have covered 100% of the camp that will be hosted at the Ross Norton Recreation Complex for children ages 10-14. Staff recommends funding of this year’s program from retained earnings. For next year, staff is working with JWB to add this program to the continued funding request, thereby eliminating the need to submit an annual grant application. In response to a question, Mr. Dunbar said the grant application had been misplaced on a staff member’s desk. Although staff tried to e-mail and fax the application on time, JWB required the application to be hand-delivered. It arrived 20 minutes late. In response to a question, Mr. Dunbar said the City now is a certified agency and can apply for continued funding, rather than applying annually. The City Manager said the JWB Board of Directors has toughened regulations in the past few years and will not accept late applications. A JWB board member has indicated JWB funding for next year’s program looks good. It was felt the JWB should be more flexible and not make the City be responsible for funding this program this year. It was stated the JWB would have established a precedent by accepting the City’s late application. It was hoped staff will not miss another deadline. Engineering Amend an existing Local Agreement Project (LAP); increasing by $278,568.93 for a new agreement total of $620,528.93; for the design and construction of a traffic signal and driveways on Courtney Campbell Causeway and Damascus Road and Award a contract for the Courtney Campbell Causeway and Damascus Road Signalization Project (03-0051-EN) to David Nelson Construction Company, Inc. of Palm Harbor, FL for the sum of $541,368.93 which is the lowest responsible bid received in accordance with the plans and specifications. This action is to amend the existing LAP (Local Agency Program) agreement as to the amount set aside for construction by FDOT (Florida Department of Transportation) and the City. The existing LAP agreement sets aside $262,800 for construction. The LAP amendment in this action adds $278,568.93 ($176,807 in State funds and $101,761.93 in City funds) for a new total of $541,368.93 for construction. This action also awards the contract for construction in the amount of $541,368.93 to David Nelson Construction Inc. Work proposed in this contract includes construction of two driveways serving the public beach on Courtney Campbell Causeway as well as providing mast arm signals at the driveways and Damascus Road. In addition, conduit and fiber optic cable will be installed to facilitate communication between this intersection and the ITS system being installed on Gulf-to-Bay Boulevard by FDOT. This project will commence after award of the bid and execution of the contract and will be completed within 180 calendar days. In addition to the $101,761.93 City share of the amended LAP agreement, funding is needed for postage, advertising, and other costs of $756.78 related to the bidding process for the construction contract. The total additional City funding needed is $102,518.71. This project is done under a LAP with FDOT. This project will provide safe access to the public beach on the south side of the Courtney Campbell Causeway and safe access to the Clearwater Christian College on the north side. This signalization has been approved by the Pinellas County MPO (Metropolitan Planning Organization) and FDOT. In response to a question, City Engineer Mike Quillen said the project’s scope includes signals, driveways, connection to the ITS, and guardrails. Beach parking will be done in-house after this project is completed. Median separation will be indicated. While FDOT contributed additional funds to the increased cost of the project, the City’s contribution also increased. City Manager Authorize the use of $20,000 of retained earnings to fund the Clearwater All-American City Award delegation's room, board, registration, and other expenses at the 2004 All-American City Awards in Atlanta, GA. The City of Clearwater has been named a finalist for the 2004 All-American City Awards which is scheduled for June 10 – 12, 2004. The City wishes to send a delegation of 18 staff and citizens to Atlanta, GA to compete with 30 other cities from around the nation to become one of 10 cities in 2004 to be named an All-American City. Staff has identified the need for a maximum of $20,000 to fund the trip for these 18 individuals, with any remaining funds to be returned to retained earnings. In response to a question, Management Intern Micah Maxwell said the award process requires a presence at the event. The City is serious about pursuing this award and feels this is the minimum sized delegation necessary. All delegation members will participate in the presentation. Public Communications Director Doug Matthews said representatives include a spoken-word poet from North Greenwood. Staff plans to showcase Jazz Holiday, the Hispanic Outreach Center, the library’s GOALS program, and revitalization of North Greenwood. City Manager Verbal Reports Discuss the Community Development Board Appointment The City Manager reported Edward Mazur had resigned from the CDB (Community Development Board), and recommended his replacement have similar professional experience. Planning Director Cyndi Tarapani reviewed the current makeup of the board and recommended the replacement be an engineer. Ms. Tarapani said the CDB’s alternate member can vote until a search is completed for filling the unexpired term. It was recommended the new appointee have expertise at reading building plans as the CDB has final decision regarding site plans. Disabled Parking and Jet Ski Applications The City Manager said disabled parking and jet ski application issues are under legal review and will be brought forward soon. Another disabled space is being added to the Marina to meet minimum requirements. County Water-Blending Plant The City Manager reported on May 6, 2004, the Board of County Commissioners may approve a 28-month project to construct a water-blending plant in north County. Public Utilities Director Andy Neff said in 2001, the County began to disinfect water with monochlorimine. After Tampa Bay Water began using other water sources, the County began to have some problems and is considering a water-blending facility so all drinking water has the same quality. The proposed plant could cost as much as $70-million and treat up to 100 mgd (million gallons/day). The City still will buy 70% of its water from the County. Due to high construction costs, the County has estimated annual rate hikes of 10% will begin in 2007. In response to a question, Mr. Neff said future projects may allow the City to produce more of its own water. Public Works Administrator Mahshid Arasteh said staff will submit a new rate study to the City Council this fall. Mr. Neff said the County is considering converting back to chlorine for its disinfectant process. The City would not be required to send water to the water-blending plant. Concern was expressed City water rates have increased faster than the CPI (Consumer Price Index). Other Council Action Councilmember Jonson requested when finished, Councilmembers return his copy of “How to Turn a Place Around.” Councilmember Jonson said he is glad Councilmembers Hibbard and Hamilton will attend the June Suncoast League on Municipalities meeting. Councilmember Jonson was impressed with how quickly staff reopened Drew Street last Sunday night following the Florida Orchestra’s concert night at Coachman Park. He said he saw a Solid Waste Worker picking up recycling in the rain this morning. He reported he had visited the Florida Candy Factory, which sent samples of Angel Mints. Councilmember Hamilton suggested Councilmember Hibbard be one of the City’s representative to the All-America City competition. Councilmember Hamilton commended the Police Department for doing a good job handling traffic last weekend. He reported parking is being replaced on the south side of Cleveland Street. He said, based on their long relationship, JWB staff should have contacted the City regarding its absent application and prevented the resulting problem. Adjourn The meeting adjourned at 11:22 a.m.