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08/30/2004CITY COUNCIL WORK SESSION CITY OF CLEARWATER August 30, 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 Pamela K. Akin City Attorney Cynthia 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. The meeting recessed to meet as the CRA (Community Redevelopment Agency) from 9:00 to 9:21 a.m. PRESENTATIONS End of Session Report and Presentation - Senator Sebesta Senator Sebesta reviewed legislative issues addressed this year and anticipated issues forthcoming. The Mayor presented him a plaque in appreciation of work done during the 2004 legislative session. PSTA Strategy for Bus Rapid Transit Roger Sweeney, Executive Director of PSTA, said a few years ago, PSTA began looking at transportation service alternatives, particularly BRT (bus rapid transit). Joel Rey, consultant, gave an overview of BRT. He said the key characteristics of BRT are its flexibility and advanced technologies, which will improve customer convenience and reduce delays. He reviewed performance and costs. In response to a question, Mr. Rey estimated fares on a 300X service route at $1.50. He reviewed various recommended routes and showed examples of commuter coaches. In response to a question, Traffic Operations Manager Paul Bertels said the new ITS system being installed on Gulf-to-Bay Boulevard and US19 already has the ability to adapt to BRT. The meeting recessed at 9:54 a.m. to convene as the CRA. ECONOMIC DEVELOPMENT AND HOUSING Approve an Agreement between the City and the Clearwater Regional Chamber of Commerce for tourism services in Fiscal Year 2004-2005 in return for funding in the amount of $ 170,000 and authorize the appropriate officials to execute same. In Fiscal Year 1999-2000, the City entered into an agreement with the Clearwater Regional Chamber of Commerce to provide specific tourism services on behalf of the City in exchange for funding from the City. This partnership has worked well and the City is satisfied with this arrangement. The Clearwater Regional Chamber will continue to provide visitor information services for the City at the Chamber’s business location. Services include preparing and distributing visitor guides, advertising, telephone service, and the operation of the tourism web site, Exhibit “A” of the agreement. This fiscal year, the Clearwater Regional Chamber has mailed over 28,000 Visitors Guides to consumers requesting information and an additional 28,000 Visitors Guides were distributed to consumer and travel trade promotions. The Chamber participated in cooperative advertising campaigns with Visit Florida and area CVBs. Clearwater has a premium placement in the 2004 Tampa Bay Visitors Guide. Additionally, Clearwater is the first beach highlighted in the 2004 Visit Florida Visitors Guide. The www.visitclearwaterflorida.com web site is updated and promoted in all advertising. One hundred seventy thousand dollars ($170,000) has been budgeted in the FY04/05 Economic Development operating budget to fund this agreement. The Clearwater Regional Chamber will provide an accounting of funds in their quarterly report of activities to the City. The budget for this coming year includes a new public relations effort and a new advertising campaign called "Put Yourself in our Shoes." Because the contract amount has stayed the same the last five years, the amount of advertising placements will be reduced. However, research by the travel industry shows that the two most persuasive factors influencing consumers are word of mouth and editorial coverage in publications. Edie Bauer, Vice-President of Clearwater Regional Chamber of Commerce, said last year City staff was involved in the RFP (Request for Proposal) process regarding promotional advertisements for Clearwater. In response to a question, Ms. Bauer said there is a tourism site called Visitflorida.com on the Internet, which was updated last year with new colors and a fresh editorial. There are no funds to update it this year, however the “Put Yourselves in Our Shoes” campaign will be placed in the Visitors Guide next year. It was recommended the Clearwater Regional Chamber coordinate events with the City’s Parks and Recreation Department to ensure as many events as possible are placed on the event calendar on the Internet. Ms. Bauer said this advertising is in addition to what is spent at the Visitors Center at the beach. The Clearwater Regional Chamber of Commerce was recognized for the outstanding job they do. FINANCE Approve transferring $238,823.65 from the Garage Fund Retained Earnings to Motorized Equipment - Cash project #315-94222. The Motorized Equipment - Lease Purchase project #316-94227 is in the process of being closed out. This project was used for vehicles and equipment, which were intended to be lease purchased for the time period October 1996 to September 2003. Currently, there is a deficit of $238,823.65 in this project. This deficit developed over the past eight years when several vehicles that were scheduled to be lease purchased were overlooked and not included in the lease -purchase requests to the bank. Therefore, funds were not received from the lease-purchase company for these vehicles and no lease-purchase was established. This error was the result of a change in personnel responsible for the lease purchases and controls have since been added to ensure that budgeted lease purchase items get lease-purchased. By approving the transfer, funds will be available so that the expenses recording the purchase of these vehicles can be transferred to the cash project and the lease-purchase project can be closed. This is an accounting correction only. There is no financial impact to the City. The funds that will be transferred from Retained Earnings would have been used to pay the debt service had the vehicles been lease purchased as scheduled. A third quarter budget amendment will be made reflecting the allocation of retained earnings and increasing the transfer to project #317-94222. In response to a question, Ms. Simmons said staff had been overburdened with investments and debt management. Changes in accounting have corrected the situation. She explained how accounting transactions work and reiterated there have been no financial impacts to the City. Approve the purchase of property, casualty, liability, workers' compensation, emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year 2004/2005 as provided for in this agenda item in an amount not to exceed $1,750,000. The Risk Management Division of the Finance Department purchases insurance coverage for the City in the above-named areas. This insurance is purchased through the efforts of three brokers: Accordia Southeast, Insurance & Risk Management Services, and Arthur J. Gallagher & Co.-Tampa Bay. The City Administration, through its Risk Management Division, recommends that the City purchase insurance coverage for FY 04/05 as follows: Excess Property ($500,000 self-insured retention) Equipment Breakdown Marina Operators Legal Liability Storage Tank Liability (specific properties) Flood (specific properties) Crime and Dishonesty Excess Liability/Workers' Compensation ($500,000 self-insured retention) EMS Liability (partially reimbursed) 1. General Liability/Professional Liability 2. Business Auto Liability 3. Excess EMS General/Auto/Professional Liability All 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, 2004, and ending October 1, 2005, except the flood insurance policies, which are individual policies with different terms and effective dates. The storage tank policies also have a different term, running from May 20, 2004 to May 20, 2005. A rate comparison is available, and funds are available in the 2004/2005 budget for these expenditures. In response to a question, Risk Manager Sharon Walton said she has not received the rate for insuring the final contents of the library and stadium. Ms. Walton said she would see if it is possible to have the dock and Pier insured prior to October 1. Declare two Steadfast pedestrian bridges surplus to the needs of the City and authorize disposal through sealed bid sale. Both bridges were purchased in 1996 at a cost of over $100,000 each and were installed on the Glen Oaks property. Engineering and Parks and Recreation have reviewed all known requirements and determined they have no future need. Both bridges have approximately 50% life remaining. The estimated value is $25,000 each. In response to a question, Purchasing Manager George McKibben said both bridges are eight feet. He said the bridges are not needed elsewhere in the City. He said the process for going out to bid for these items is to offer them to other cities, and to advertise on the Internet and in the newspaper. MARINE AND AVIATION Adopt Resolution #04-19, reducing hours of operation of Pier 60 fishing pier by closing the evening shift 10:00 p.m. to 6:00 a.m. from October to March and increase user fees on October 1, 2004. Pier 60 as a recreational fishing pier has a history of close to breakeven operations. As the City makes changes to better serve the market, the City has resisted price increases and adjusting hours of operation. With the success of Sunsets, and a change in its retail operation, the City has made strides to gain sales when the most customers are there, between 6:00 a.m. and 10:00 p.m. To cover the demand for service, the City has had to increase staffing with overtime hours and longer hours for part-time employees. To better serve its customers during the peak hours of 2:00 to 10:00 p.m., staff wants to close the pier during the off peak hours of 10:00 p.m. to 6:00 a.m. from October to March. This will help improve customer service and utilize employees where they are most needed. For example, during the peak hours of 2:00 to 10:00 p.m., there often are lines at the register and the pier is understaffed to the point that staff calls in part-time employees in an overtime status. During the off-peak hours of 10:00 p.m. to 6:00 a.m., the City loses money. User Fees: There has been no increase in user fees at Pier 60 since it was rebuilt in April 1994. A marketing survey has indicated that an 18% increase in user fees, including fishing admissions, rod rentals, and fishing passes would bring the rates more in line with other fishing pier rates in the area. The resident rate will increase 10%. In keeping with the desire to best serve residents, there will be a resident and non-resident rate. For example, the current adult fishing admission is $5.35. A 10% increase would be $5.89 for a resident and an 18% increase for non-residents would be $6.36. The increase would be scheduled for the new fiscal year beginning October 1, 2004. In response to a question, Marine and Aviation Director Bill Morris said retrofitting the pass gate at Pier 60 to allow access for anglers between the hours of 10:00 p.m. to 6:00 a.m. would create a liability issue. He said historically, the Pier has been open year-round, 24 hours a day, except on Christmas Day. He said this issue has not been discussed with the Marine Advisory Board. On average, there are six to seven people per night fishing on the pier. He said walk-on visitors generate 19% of the gross profits; fishing admissions generate over 20%; concessions are 28% of sales. Annual passes are not big sellers; nor are weekly or monthly passes. Concern was expressed having a separate resident and non-resident fee would alienate the tourists. PARKS AND RECREATION Approve a one-year funding agreement, in the amount of $281,220 between Jolley Trolley Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater Beach to Downtown Clearwater and authorize the appropriate officials to execute same. Jolley Trolley Transportation of Clearwater Inc. (Jolley Trolley) has been operating trolley service along the City’s beach communities and downtown for eleven years. The current one-year funding agreement expires on September 30, 2004. Current funding supports approximately 54% of the trolley overall budget with the remaining 46% coming from fares, rentals, and advertisements. Specifically the funding is for: Trolley service between Clearwater Beach and Sand Key – $156,090 Trolley service between Clearwater Beach, Island Estates, and Downtown Clearwater –$73,450 Trolley vehicle maintenance – $50,000 Office space rent – $11,700 Funding during the annual term of the current agreement totals $ 291,240, which is supported through the parking fund ($241,240) and the CRA ($50,000). The new proposed agreement includes: A reduction in funding - $10,020 Trolley service between Clearwater Beach and Sand Key - $149,270 Trolley service between Clearwater Beach, Island Estates and Downtown Clearwater - $70,250 Trolley vehicle maintenance - $50,000 Office space rent - $11,700 Transportation pick-up 25 minutes apart Posted route schedules at all pick-up location Funding during the term of the new agreement totals $ $281,220. The source of the funding for the new agreement will be the parking fund ($231,220) and the CRA ($50,000). The Parks and Recreation Department will continue to administer compliance of the agreement. There was discussion whether the City should consider requesting assistance from the PSTA to help fund the Jolley Trolley in future years. When Beach Walk starts in April, a significant number of parking spaces and revenue to fund the Jolley Trolley may be lost. Approve a 30-month Partnership and Operational Support Agreement from October 1, 2004 – March 30, 2007, between the City of Clearwater and the African American Leadership Council, Inc., for the use and supervision of the Martin Luther King Center with an associated grant of $100,000 for FY 2004/2005 and authorize the appropriate officials to execute same. The City Commission approved a similar agreement with the AALC (African American Leadership Council, Inc.) in September 1999, for the use of the Holt Avenue Youth Center. The AALC has operated an extremely successful program at the Holt Avenue Center for the past five years. The AALC has outgrown its current facilities and desires to expand and offer additional services and programs for the community. Due to budget constraints, City staff is recommending that City services at Martin Luther King be eliminated and/or moved to the new North Greenwood Recreation Complex. Therefore, the facility would be available for use by AALC. This will provide annual savings to the City of approximately $220,160. This agreement will allow for the AALC to provide the same quality programs at the larger Martin Luther King Center. They will provide the following services: Provide programs to include, but not be limited to, parental support groups and skills training, family literacy services, job counseling, child development activities, liaison to the health care system, outreach (including home visits), on-site childcare for programs, facilitation and support of community meetings and activities. Provide agency personnel and volunteers to operate and supervise activities and special programs at the Center, and surrounding area. Provide facilitation and support of groups currently utilizing the facility for community meetings and activities. The AALC will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of same. Accounting of funds received from the City for these programs will be required. The AALC will be responsible for all daily maintenance of the facility and will pay all operating expenses associated with the Center including, but not limited to, electric, water, sewer, solid waste bill for dumpster, custodial and minor interior building maintenance. The City will provide the following funding and in-kind services: An operational grant of $100,000 for FY 2004/2005. Grants for future years are subject to annual budget approval by the City Council. Lawn and landscape maintenance for all areas around the Youth Center. Maintenance for all major capital components of the building, to include air conditioners, roof, plumbing, electrical, etc. The AALC shall have the option of renewing the term of the lease for an additional period of time as allowed through successful negotiations with the Pinellas County School Board to extend the Joint Use Agreement between the City and School Board. In response to a question, Mr. Dunbar said although the AALC can provide any programs they wish, they also must administer day to day operations and provide certain programs to the Community. Staff to provide Council with copies of correspondence indicating community support for this program. POLICE Contract with the Pinellas County Sheriff’s Office, Largo, Florida, for latent fingerprint and crime scene services including evidence and property storage during the contract period October 1, 2004, through September 30, 2005, at a cost of $509,932.11, and that the appropriate officials be authorized to execute same. 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, evidence storage and crime scene processing. The total cost of the contract is $509,932.11, which is a four percent increase over last year’s contract. Of this total cost, $88,378.18 is for latent fingerprint services and the balance, $421,553.93, is for evidence storage and a base workload of 2,500 crime scene processing calls for the contract period based on a rate of $151.99 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 2,500 calls, should this become necessary during the period of this agreement, will be invoiced at the rate of $151.99 per call. If the Sheriff receives reimbursement from the Board of County Commissioners of Pinellas County for any of the services that the Sheriff will be providing to the City pursuant to this Agreement, the Sheriff shall refund the prorated amount of any unused services. Funding for this agreement is available in the Police Department’s fiscal year 2004/05 operating budget. Police Chief Sid Klein said the Pinellas Assembly recommended funding this service but no funding was attached to the recommendation. Evidence storage is not part of the costs associated with this contract. Chief Klein said Largo only negotiates costs for the Sheriff’s office to process major crime scene investigations, which is a higher charge per call. Police Lieutenant Mark Tunis said Clearwater pays for one full-time employee to process crime scene evidence. Everyone else pays $151.99 per call for crime scene processing. Approve an Amendment to Lease between the City of Clearwater and the State of Florida Department of Transportation, authorizing the extension of the lease term by fifty (50) years for the Courtney Campbell Causeway, and that the appropriate officials be authorized to execute same. This Agreement between the City of Clearwater and the Florida Department of Transportation shall amend the public purpose lease dated September 14, 1999 by extending the lease term. In consideration of the premises and the sum of one dollar ($1.00) paid by each of the parties to the other, the lease for the Courtney Campbell Causeway will be amended to extend the lease term by fifty (50) years, beginning September 15, 2004 and ending on September 14, 2054. In all other respects, said terms and conditions of the original lease shall remain in full force and effect. This lease amendment shall bind the successors and assigns of the respective parties. For many years, large crowds and heavy vehicle and boat traffic have used the sandy area on the Courtney Campbell Causeway’s south side, near its western end, as an unofficial beach and recreation area. The resulting fights, disorderly conduct, reckless operation of watercraft, and serious traffic crashes, have created a public nuisance that affects the health and safety of City residents and places excessive demands on police resources. The original no-cost public purpose lease on September 14, 1999, for the land along the Courtney Campbell Causeway was entered into to impose regulations which include prohibition of open containers of alcohol, use of glassware, open fires, fireworks, golf, possession and use of intoxicating substances, and regulates photography, special events, merchandising, and operation times. In response to a question regarding the prohibition of photography, Assistant City Attorney Rob Surette said this prevents someone from taking over the beach to film documentaries, movies, etc. He said the contract includes a 60-day opt-out provision. The lease does not preclude the City from operating concessions or parking, however, those options are not being pursued. Staff has evaluated the best ways to control parking on the causeway, and is awaiting FDOT approval to pave parking and install parking meters. ENGINEERING Approve payment to the Clerk of the Circuit Court in the amount of $111,141.78 for the costs of processing parking citations for the period October 1, 2003 through June 30, 2004. The Parking System established the new Parking Enforcement cost center and began enforcement efforts effective April, 2004. Prior to April, 2004, the Police Department was responsible for parking enforcement. The Clerk of the Circuit Court previously processed all parking citations and billed the City annually. Effective July 1, 2004, the Clerk's office will begin billing on a monthly basis. Between October 1, 2003 and March 2004, the pro-rated costs are $37,610.38 to the Police Department and $73,531.40 between April 2004 and June 2004 to the Parking System. Sufficient budget is available in the Police Department, Traffic Enforcement Unit operating cost center, #010-01135, to fund the $$37,610.38 General Fund portion of these costs. A third quarter amendment will increase the Parking System/Parking Enforcement operating budget in the amount of $150,000 to provide funding for the Parking System portion of these costs and to provide budget coverage for the costs to be incurred for July, August and September, 2004. Current year Parking System revenues are sufficient to absorb these additional costs. In response to a question, Parking Facilities Manager Tracey Bruch said the Clerk of the Court deducts their costs prior to sending Clearwater a check for parking revenues. PUBLIC SERVICES Approve a change in scope to the Drew and Union Streets Reclaimed Water System Contract 1- Pipeline Construction (01-0039-UT) and Union Street Force main (02-0010-UT) (Transmission Main Alternate) to Westra Construction Corporation of Palmetto, Florida, eliminating the construction of a 30-inch force main and approve Change Order No. 1 decreasing the contract by $1,142,653.80 for a new contract total of $3,851,361.60 and authorize the appropriate officials to execute same. The Contract was awarded to Westra Construction Corporation on June 19, 2003, for a total amount of $4,994,015.40. The Contract included the costs to construct reclaimed water transmission and distribution systems in the Drew Street and Union Street areas in the City of Clearwater in the amount of $3,464,080.40, with the SWFWMD providing reimbursement of 50% of the cost of the transmission facilities up to a maximum of $2,103,985. The Contract also included the cost to construct a 30-inch force main along Union Street paralleling the reclaimed water main in the amount of $1,529,935. This work would have been performed as a portion of the Alligator Creek Master Pump Station project (02-0010-UT). This force main part of the project has been deleted, resulting in the deduction of $1,142,653.80 from the Contract. The remaining amount of $387,281.20 is required to complete formerly shared restoration items of the project along Union Street. The Alligator Creek Master Pump Station (02-0010-UT), to which the force main in this contract belonged, was cancelled when the engineer's estimate far exceeded the budgeted amount. It was determined less costly modifications and repairs would achieve the same results, thus necessitating a change in scope for this contract. The City's funding of the force main project costs came from 02 Water & Sewer Bond Construction Fund project, #343-96665, Sanitary Sewer R & R. Public Services Director Gary Johnson said staff determined the force main was unnecessary. Public Utilities Director Any Neff said these funds can be used elsewhere, such as for the new lift station. Staff was commended for their efforts. OFFICIAL REC AND LEGISLATIVE SVC Appoint one member to the Clearwater Housing Authority Board with a term expiring September 30, 2008. Clearwater Housing Authority Board member Carol Warren’s term is expiring, however she is eligible and is interested in being reappointed to the board, with a term expiring September 30, 2008. Consensus was to place Carol Warren’s reappointment on the Consent Agenda for Thursday night. CITY MANAGER VERBAL REPORTS Mr. Horne reported the IAFF website indicates the Special Master is being excused and the IAFF union members will vote on the contract. Human Resources Director Joe Roseto will confirm for Thursday night. Public Communications Director Doug Matthews extended an invitation to the Council to participate in the Creative Cities Conference at the Vinoy on September 8 and 9. Mr. Horne clarified the Memorial Causeway Bridge is expected to be open to traffic on September 1, 2005 and completion of the entire project is expected by December 2005. COUNCIL DISCUSSION ITEMS OTHER COUNCIL ACTION Councilmember Petersen requested two members of the Council be appointed to serve on the Homeless Task Force. Consensus was to appoint Councilmembers Petersen and Hibbard Thursday night. Councilmember Jonson encouraged everyone to vote tomorrow. He requested additional information regarding the Pinellas Assembly transportation analysis. He took a redevelopment tour offered by Hollywood, Florida and showed photographs of their Downtown, which offered a pleasant pedestrian environment. Councilmember Hamilton encouraged everyone to vote tomorrow. He recognized the passing of Gil Shutzendorf and expressed condolences to his family. Adjourn The meeting adjourned at 11:37 a.m.