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05/02/2005CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER May 2, 2005 Present: Frank Hibbard Mayor William C. Jonson Vice-Mayor Hoyt P. Hamilton Councilmember Carlen Petersen Councilmember John Doran Councilmember 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 Mayor called the meeting to order at 9:13 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations: Police Recruits Swearing in Ceremony The City Clerk administered the Oath of Office to eight Police Officers. Fire and Rescue Department Approve the hiring of two new FTE's for the Fire Dept.'s Prevention & Investigation Division at an estimated annual cost of $109,360 and a current year estimated cost of $41,380. This request is to hire two new FTE's-Fire Inspector II positions. Two Fire Inspector II (Fire Prevention Inspectors) positions will be assigned to the Construction Services Bureau. These positions will perform plans examination and permit review functions. This will provide a significant improvement in the Fire Construction Plans review and inspections area. These individuals will greatly improve our customer service to the design, developer, and construction professionals operating in the City. The estimated annual salary for these positions is $108,560 plus $800 for the cost of two cellular telephones, for a total estimated annual cost of $109,360. Costs for the current fiscal year include $40,980 for estimated salary for the remainder of the year plus approximately $400 for the two cellular phones, for a total estimated cost of $41,380 for FY (Fiscal Year) 2004/05. All other necessary equipment and vehicles are available within the Department. In response to a question, Fire Marshall Joel Gray said the revenue stream created by increased permitting fees in 2003 will offset these costs. Parks and Recreation Establish new non-resident fees for non-residents to participate at City recreation facilities and in City recreation programs and activities; establish new formulas for the purpose of computing fees for non-residents; approve City Manager or his designee to administer the formulas; and pass Ordinance #7389-05 on first reading. On October 18, 1993 the City Commission approved a formula for the purpose of computing fees for non-residents and established categories for non-residents. The formula adopted is as follows: Department O & M Budget plus Indirect Overhead minus Budgeted Revenue divided by Population equals Subtotal Subtotal plus 5.00 Capital Recovery Component equals Non-Resident Yearly Fee Even though non-resident fees were increased in 2004 staff is recommending an additional increase for 2005 based on the approval of a new formula both for individual yearly non-resident fees but also for a new unincorporated non-resident fee. Staff is recommending that the following formulas be used in that they more accurately reflect the actual cost that residents are paying for recreation services: 1. Non-residents who reside in other Pinellas municipalities Department O & M Budget ($9,495,850) plus Indirect Overhead ($758,352) minus Budgeted Revenue ($2,253,700) divided by Population (109,000) equals Subtotal ($73.40) Subtotal ($73.40) plus Capital Improvement Recovery Component ($11.49) plus Card Processing Fee ($5.00) equals Non-Resident Yearly Fee ($89.89) 2. Unincorporated Non-Resident Fee Department O & M Budget ($9,495,850) plus Indirect Overhead ($758,352) minus Budgeted Revenue ($2,253,700) divided by Population (109,000) equals Subtotal ($73.40) Subtotal ($73.40) plus Capital Improvement Recovery Component ($11.49) plus Card Processing Fee ($5.00) plus Unincorporated Surcharge ($70.96) equals Unincorporated Non-Resident Yearly Fee ($160.85) The unincorporated surcharge of $70.96 is based on the average cost that other local municipalities charge to non-residents. The fee charged by other municipalities are similar to the City of Clearwater in that the purpose is to make the non-resident pay an amount equal to what their residents pay. The cities used for this average were Dunedin ($58.85), Largo ($75.00), St. Petersburg ($100.00) and Safety Harbor ($50.00). Formulas for the remaining categories of non-residents and unincorporated non-residents are as follows: 1. Annual Family Fee - Individual non-resident or unincorporated non-resident yearly fee x 2.5. 2. Participants of youth seasonal recreational programs and participants at lawnbowls, shuffleboard and horseshoe clubs - Individual non-resident or unincorporated non-resident yearly fee x 40%. In order to respond in a more timely fashion to shifts in budgets and the economy as it relates to non-residents paying a fair share staff is requesting authority to set fees based on the formulas whenever a change is prudent and warranted. Three other provisions in the ordinance that were changed are as follows: 1. To define a time period for “tourist and guests temporarily residing”. The time recommended is 3 months or less. 2. Add three score softball to the senior club category. 3. Added an option to allow non-residents who did not have a non-resident card to rent a recreation facility for a 10% surcharge. Based on the new formulas, the proposed fees for non-residents and unincorporated non-residents are as follows: Since we are proposing new fee categories for unincorporated residents it is difficult to determine what the net impact will be on overall revenue. However, staff is of the opinion that the majority of persons now using City facilities and programs will continue to use them since there are few options available to unincorporated residents. Furthermore, the County has established a reimbursement program where unincorporated residents can request funds to pay for non-resident fees. Therefore, revenue should not decrease but in fact increase. In response to questions, Parks & Recreation Director Kevin Dunbar said the County has not agreed to reimburse the City directly for unincorporated non-residents. The City provides reimbursement forms for submission to county residents who use Clearwater recreational facilities. Discussion ensued with recommendations reimbursement forms be provided at registration, that a system be developed that alleviates the burden of up-front fees, and that unincorporated non-residents be educated regarding the procedure. There was discussion regarding those residents who pay for recreation in their own communities and cannot be reimbursed for using Clearwater facilities. Concern was expressed in providing equity among all City recreation users. Consensus was to continue discussion of this issue to the meeting of May 19, 2005. Approve a three-year Lease Agreement from May 1, 2005 to April 30, 2008 between the City of Clearwater and 688 Skateshop, Inc., to provide for the operation and management of the pro shop at the Ross Norton Extreme Park located at 1426 S. Martin Luther King Jr. Avenue and authorize the appropriate officials to execute same. In anticipation of the opening of the new extreme park at Ross Norton Recreation Complex, the City issued a Request for Proposals (RFP) for the operation and management of a pro shop in October of 2004. Only two proposals were received and staff is recommending approving an agreement with 688 Skateshop, Inc. The 688 Skateshop, Inc. has provided successful skatepark operations at several venues, most specifically 688 Skatepark, formerly Central Skatepark, located on Ulmerton Road in Largo. The firm has the staffing and expertise to offer a fully equipped and staffed pro shop at Ross Norton. Services to be included at the pro shop will include retail sales of skateboarding, BMX and roller blade equipment, rentals, lessons, tournaments, etc. Under this Lease Agreement the City will provide a space of approximately 400 square feet for 688 Skateshop, Inc. to retrofit into a pro shop. The City will receive 9% of gross revenue during the term of this agreement. First year projections will yield $16,618. Staff recommends approval of the Lease Agreement between 688 Skateshop, Inc. and the City for three years, from May 1, 2005 to April 30, 2008. Mr. Dunbar said as planned, the park will open in three weeks. In response to a question, Mr. Dunbar indicated the City will pay for all utilities and Skateshop, Inc. will provide for maintenance of their area. Safety equipment will be required. Award a contract for interior renovations of The Long Center (04-0061-PR) to Angle & Schmid, Inc. of St. Petersburg, Florida, in the amount of $820,608 which includes base bid, alternates 1, 2 and 3 and a 10% contingency, amend the scope of project 315-93232 to reflect these renovations and amend professional services contract with Wade-Trim and Associates to provide for construction management for this project for $46,154 and authorize the appropriate officials to execute same. At the September 21, 2000 City Commission meeting, a public hearing was held to approve a Penny for Pinellas project list. Included in this list was an allocation of $1,000,000 for Long Center improvements. At that time, Pinellas Community Center, Inc., d/b/a Long Center managed the facility and agreed to make improvements to the Long Center: Construction of a new multi-purpose area to include up to six classrooms; 3,800 square-feet of fitness and cardiovascular space; and a new entry and registration area. On August 21, 2003, the City Commission approved a five-year agreement, from October 1, 2003 – September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center Inc., for the management and maintenance of the Long Center. The City inherited this CIP project once the City Council approved the new agreement. Staff began to look at the most urgent needs of the Long Center and developed a project to address them. Many of the elements are much the same as the original project, which was to develop a new entry and registration area, construct new fitness and cardiovascular space, and provide some classroom space. But, in addition to this, staff discovered that companion restrooms, improvements to the gymnasium space, new storage, and new offices were needed. Therefore, staff is proposing that the new scope of CIP 315-93232 read as follows: “This project will provide for new programming and office space at the Long Center including but not limited to fitness room, exercise room/multipurpose room, new sidewalks/parking area, companion restrooms, new storage facilities and reception area. Also included in this project will be improvements to life safety issues.” This contract with Angle & Schmid, Inc. is for the construction of the elements mentioned in the proposed new scope (see above). Also, includes alternate #1, build-out of multi-purpose room 117; alternate #2, divider curtains in the gymnasium; and alternate #3, life safety items for UPARC (to be reimbursed by UPARC). Work will commence upon award and execution of the contract and will be completed by December 2005. An amendment in the professional services agreement with Wade Trim Associates, Inc. to perform construction management services for $46,154 is also being recommended. This was not a part of the original agreement with Wade Trim. Work will include construction administration services, toilet room changes, fire sprinkler engineering and project administration. Their agreement with the City will increase from $91,946 to $138,100 to cover contracts with Angle & Schmid, Inc. and Wade Trim. In response to a question, Mr. Dunbar said more classes and programs in the therapeutic area will be offered. Police Approve a five-year “Interlocal Agreement for Information Sharing” permitting the Clearwater Police Department and other participating law enforcement agencies within Pinellas County to share information and provide effective crime analysis and crime prevention information for Pinellas County residents, and that the appropriate officials be authorized to execute same. Interlocal agreements among law enforcement agencies are authorized by Chapter 163, Florida Statutes, to provide services and facilities in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. Pinellas County, through its Department of Justice and Consumer Services, has developed a law enforcement data initiative to expand information sharing between agencies, which includes data integration, secure networking, and over 20 analysis applications. The goal of this agreement is for cooperating agencies to use technologies that exist to bridge the gaps between different information systems. The County, through the Department of Justice and Consumer Services, agrees to act as the coordinator of an information sharing steering committee to facilitate both the input of and access to law enforcement data for use by participating law enforcement agencies to analyze and prevent criminal activity. Agencies shall participate in the Information Sharing Steering Committee, and must have a full decision-making authority member from the command staff level. Each agency shall retain all rights of ownership to its agency data, irrespective of the inclusion of its data in the information sharing process. The Interlocal Agreement will be in effect from the date of execution, and shall remain in effect thereafter for five years. It may be renewed under the same terms for an additional five-year term upon mutual agreement of the parties. The Assistant City Attorney/Legal Advisor and Police Chief recommend approval. In response to a question, Deputy Police Chief William Baird said there is no cost to the City associated with this agreement. The agreement will provide additional data from other agencies and improve the Police Department’s analytical ability. Approve the “Thinkstream Criminal Justice Information Systems Law Enforcement Network Agreement,” which is required to facilitate the Thinkstream interagency law enforcement data sharing project in Pinellas County for a term ending January 1, 2009, and that the appropriate officials be authorized to execute same. The Thinkstream Criminal Justice Information Systems Law Enforcement Network Agreement is a data-sharing project of the Pinellas County Office of Justice Coordination and County law enforcement agencies. The Thinkstream project, when complete, will allow comprehensive data sharing among county law enforcement, plus data sharing with the Florida Crime Information Center (FCIC) System and the National Crime Information Center (NCIC) System. The Thinkstream system uses the Pinellas County Sheriff's Office NCIC/FCIC access gateway for inquiries into those systems. The Florida Department of Law Enforcement (FDLE) requires that this agreement be executed with participating agencies prior to allowing agencies to perform inquiries of FDLE information through the Pinellas County Sheriff’s network switch. The Thinkstream Criminal Justice Information Systems Law Enforcement Network Agreement will be in effect from the date of full execution, and shall remain in effect until January 1, 2009. Either party may terminate this agreement with written notice to the other party thirty days in advance of such termination. The Thinkstream project is fully funded by Pinellas County. The Assistant City Attorney/Legal Advisor and Police Chief recommend approval. This agreement has no effect on the Clearwater Police Department's current access gateways to NCIC/FCIC. In response to a question, Deputy Police Chief Baird said this agreement, a subpart of the previous item, is one of 20 analytical programs the County is developing. Engineering Approve the McKim & Creed work order in the amount of $331,300 for engineering design services in expanding the City of Clearwater Reclaimed Water System to serve residents in the Morningside area in the southeastern portion of the City (05-0022-UT), and approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project costs up to $2,250,000, and that the appropriate officials be authorized to execute same. This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with the Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. The purpose of the Cooperative Funding Agreement is to accept SWFWMD funding in support of constructing reclaimed water service to the Morningside portion of the City of Clearwater. This Agenda Item also provides for engineering and design services, by McKim & Creed, for the construction of new reclaimed water transmission and distribution piping systems, including limited construction phase engineering services on an “actual cost basis.” McKim & Creed is one of the City’s current Engineers-of-record, and the work order was prepared in accordance with the Consultants Competitive Negotiations Act. The design phase is anticipated to be complete by December 31, 2005, with the construction phase scheduled for completion by December 31, 2008. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for transmission and distribution reclaimed water lines, up to a maximum of $2,250,000. The City’s estimated share of project costs is $2,250,000. There is no cost to the City associated with the SWFWMD Agreement portion of the agenda item. In response to a question, Engineering Manager Lisa Murrin said the project is not exclusive to Morningside. Official Rec and Legislative Svc Appoint two members to the Brownfields Advisory Board with the term expiring on May 31, 2009. Consensus was to place the appointments of David Lawrence Jaye (business owner or representative category) and Ryley Jeanne Hunter (agency or government representative category) to the Brownfields Advisory Board on the consent agenda for Thursday night. Appoint one member to the Parks and Recreation Board with the term expiring on May 31, 2009. Consensus was to place the reappointment of Thomas Fletcher to the Parks and Recreation Board on the consent agenda for Thursday night. City Manager Verbal Reports Drew/Union Reclaimed Water Pumping Station Site This reclaimed water booster pump station is part of the Drew/Union Street Reclaimed Water Distribution project. Two booster pump stations are needed to maintain reclaimed water system pressures on the eastern side of Clearwater since the pipeline running from the Northeast Plant down McMullen-Booth Road is a low pressure transmission line. The reclaimed water must be pumped at Union Street and in the Del Oro area (Del Oro Park) to enable appropriate pressures to be maintained. To disinfect the reclaimed water controlling growth of algae and bacteria growth the pump stations include supplemental sodium hypochlorite (bleach) tanks and feed systems. The Drew/Union Street project design started in May 2001 with the first phase (placing the pipelines in the ground) now complete. The City is now finalizing the second phase with the two booster pump stations. The project is funded in part using SWFWMD funding in support of reducing potable water irrigation demands replacing that demand with reclaimed water. The project value is about $4.93M for the first phase and about $2.4M for the booster pump stations (which are part of a separate project for reclaimed water service in the Del Oro area). If a site cannot be found for the pump station serving the Union Street portion, then approximately $1.5M in reclaimed water piping in the Union Street area will not receive sufficient pressures to properly operate the system. Significant time and effort has been spent pursuing a location for the Union Street Pump Station site. Discussions with property owners in the area began in May 2002. Discussions with the Pinellas County School Board began in August 2002. No one was willing to discuss selling or otherwise providing property for a site except the School system and the City has been discussing the site location with the School system since that time. The School Board provided the site now being discussed with the BOCC (Board of County Commissioners). The BOCC is required to approve the siting. The zoning is AE (Agriculture Estate Residential District with 2 acre minimum development of any kind). A utility substation is allowed under this designation as a conditional use. Discussions began with concerned citizens (Sandy, Diane and Jim Ciulla, adjacent property owners) on March 3, 2005, with the Zoning Board Examiner’s Hearing. Their concerns (with responses provided at the meeting) included: 1) Unfamiliarity with reclaimed water and perceived health risks associated with reclaimed water (response: reclaimed water was explained and it was stressed the reclaimed water would remain in pipelines); 2) Noise from the pump station (response: Noise from the building would not exceed County ordinance); 3) Appearance of the pump station (response: The pump station was planned to be architecturally compatible with the adjacent school buildings); and 4) Concern over electrical wiring associated with the pump station (response: Electrical wiring is planned to be underground). Subsequent conversations with the Ciullas involved concern over reclaimed water being stored in the stormwater retention pond and concern over noise from the air conditioning unit. It was explained that no reclaimed water was being stored in the pond and the air conditioning unit was relocated further away on a different side of the building. The Ciullas visited the County’s McKay Creek Reclaimed Water Pump Station – a facility much larger than the one proposed by the City. They also visited the City’s Reverse Osmosis Water Treatment Facility on April 11, 2005. The Ciullas became concerned over odors from the bleach room. To alleviate their concern, the differences in facilities were addressed including the larger quantities stored at the Reverse Osmosis Plant, designed in ventilation system in the Union Street Reclaimed Water Pump Station (the Reverse Osmosis Plant bleach room is a converted gas chlorine facility) and the fact that when the liquid bleach is transferred, there is a vapor capture system in place to remove fumes. On March 17, 2005, Commissioner Latvala’s office requested information on the proposed facility. Concerns included the retention pond (it will be a dry pond), fencing (the City informed the Commissioner the facility would be fenced) and that the facility was sited as far away from adjacent property owners as possible. Since that time, the City received the following comments via e-mail outlining some of the original concerns as well as some new ones: The design and layout of the pump station is intended to reduce noise as much as possible and meets County Code. The County Code requires 50 dba at the property line, about the intensity of a normal conversation. Based on additional conversations with the Ciullas, the design will be modified even further in an attempt to reduce any noise as much as possible. A sound absorbing plenum will be installed which will enclosed the ventilation louver on the north facing wall to block noise leaving the building. Sound near the property line is anticipated to be about 40 dba. Tree planting and privacy fence along the property line should further reduce noise; The pump station is architecturally similar to adjacent school buildings, is about the size of a 2,000 square-foot home, and will have perimeter landscaping to blend into the community; The pump station is not being placed between the school and the property in question. There are some trees between the rear of the Ciullas property and the proposed pump station, and these are intended to remain along with landscaping; Many variables affect property values and our research into property values near the existing facilities shows the City cannot with any certainty pinpoint a relationship between proximity and value; With regard to potential spills, the liquid bleach is contained in an enclosed tank with secondary containment within the facility. Leak detection is being provided for response to any leak. As discussed previously, transfer of bleach from the truck to the tank is accomplished within the facility with vapors captured and recycled back to the tank on the truck. Todd Petrie, Brent Heath from McKim & Creed (design engineers) and Andy Neff met with the Ciullas on April 26 to discuss their concerns. Their concerns centered on the following: Property valuation (response: This is difficult to determine. Many variables affect property values and the City’s research into property values near its existing facilities shows it cannot with any certainty pinpoint a relationship between proximity and value); 150-foot evacuation zone if there was a spill of bleach (ERG 154) – (Response: The DOT Emergency Response Guide (ERG) is a document for emergency responder personnel geared towards transportation-related events. The Ciullas specifically referenced REG No. 154, which is the guide for sodium hypochlorite solution (bleach). This guide does not reference evacuation requirements. In the Guide’s Public Health section, it states “As an immediate precautionary measure, isolate spill or leak in all directions for at least 150 feet.” Any spill or leak at the pump station will be contained within the pump station building. Additionally, the ERG contains a table of Initial Isolation and Protective Action Distances that lists requirements for evacuation in the event of a spill or leak for various listed materials. Sodium hypochlorite is not one of them; 3) Gas venting from the facility/truck – (response: Explained the bleach would not be contained within the facility although some vapors would escape from the roof vents. Vapors from the transfer of the liquid from the truck to the tank were captured in the truck tank); Concern over trees being destroyed when the facility is built – (Response: Discussed with the City’s Landscape Architect. Plan to visit the site with the architect and discuss with the Ciullas next week); Desired the site be moved away from them – anywhere but directly behind them – contacted Jim Miller to discuss. Mr. Neff asked Mr. Miller if the School Board would consider siting along Union Street on the western edge of the school property in lieu of this proposed site. The Ciullas indicated to us at the meeting they would not oppose that site location. Staff plans to meet with the Ciullas next week to further discuss their concerns including clarification of ERG 154 and their concern over potential damage to trees. In response to questions, Public Utilities Director Andy Neff said bleach is added when discharged to a bay or creek to dechlorinate. Supplemental disinfection is necessary to meet regulations and control bacteria in the lines. For years, the City has attempted to acquire property east of Union Street. The School Board owns the preferred site and it was noted negotiations for this project have been challenging. Workshop Follow-up to Charlie Siemon Presentation Discussion ensued in regard to the December 10, 2004, CDB (Community Development Board) training session with Charlie Siemon and scheduling a follow-up discussion addressing issues such as non-conformity, incentivizing hotel development, infill development, etc. A recommendation was made issues that need additional information be identified prior to the workshop. Consensus was to schedule a joint workshop with the Council and the CDB. Council Discussion Items MPO (Metropolitan Planning Organization)/PSTA (Pinellas Suncoast Transit Authority) Transportation Issues Discussion ensued and it was indicated the PMI should be directed toward optimal transportation alternatives. The PSTA has indicated its support for BRT (bus rapid transit) in the interim. PSTA members expressed concern regarding a transit surtax. It was indicated the PSTA Board is pleased with the design of the new buses. Discussion ensued in regard to the bus wraps obscuring visibility. It was noted the OPAGA will be doing a study of PSTA’s governance. Buoy Issue at Sand Key Discussion ensued in regard to the buoy issue on Sand Key and it was indicated it will be discussed at the May 19, 2005 Council meeting. Greenwood Health Center A request for funding was received from the Greenwood Health Center and will be scheduled for discussion at the next work session. Other Council Action Councilmember Jonson reviewed legislative initiatives by the fireworks industry and requested the City’s lobbyist be notified of the City’s position. He discussed the proposed billboard bill and indicated the FLC (Florida League of Cities) is requesting help on growth management. Councilmember Hamilton announced he would not be at the Thursday night Council meeting. November 17, 2005 City Council Meeting The November 17, 2005, City Council meeting had been previously rescheduled to Wednesday, November 16, 2005, due to a conflict. Concern was expressed regarding the heavy demand for parking at City Hall on Wednesdays. Consensus was to keep the meeting on Wednesday, November 16, 2005. Adjourn The meeting adjourned at 11:31 a.m.