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09/15/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER September 15, 2003 Present: Brian J. Aungst Hoyt P. Hamilton Whitney Gray William C. Jonson Frank Hibbard Mayor/Commissioner- departed 1 :38 p.m. Vice-Mayor/Commissioner Commissioner Commissioner Commissioner - departed 1: 13 p.m. Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk 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. Service Awards One service award was presented to a City employee. Jeffrey Nolan, Information Technology, was presented the September 2003 Employee of the Month award. The City Commission recessed from 9:11 to 9:39 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. PRESENTATIONS PUR PURCHASING 1) Library materials, books and publications during the contract period: October 1, 2003 through September 30, 2004, for $151 ,000 from Book Wholesaler, Lexington, KY. 2) Library materials, books and publications during the contract period: October 1, 2003 through September 30, 2004, for $226,000 from Ingram Library Services, Lavergne, TN. 3) Disposal of refuse during the period: October 1, 2003 through September 30, 2004, for $2,265,000 and $2,585,000 from Pinellas County Solid Waste Management Department 4) Installation of gas mains and service lines during the period: October 1,2003 through September 30,2004, for $850,000 from Mastec North America, Inc., Tampa, FL 5) Latent fingerprint and crime scene services including evidence and property storage during the contract period: October 1,2003 through September 30,2004 for $490,084.33 from Board of County Commissioners, Clearwater, FL. In response to a question regarding Items #1 and #2, Purchasing Manager George McKibben said Library staff shops for the lowest prices for books when competition is available. Commission Work Session 2003-09-15 1 . . . In response to a question regarding Item #5, Police Chief Sid Klein said the City of Largo's contract covers only a portion of that city's forensics as the City of Largo has equipment to process minor crime scenes. Contract costs have not increased this year. The Pinellas Assembly is discussing these types of services. Should Pinellas County choose to fund these services Countywide, a clause in the contract provides a rebate to the City. BU BUDGET First Readinq Ords. 7171-03 and 7172-03 amendinq the Citv's Annual Operatinq and Capital Improvement Proqram (CIP) Budoets for FY 2002/03. The FY (Fiscal Year) 2002/03 budgets for City operations and City capital improvement projects were adopted in September 2002 by Ordinances #7012-02 and 7013-02. In accordance with the City Code of Ordinances, a review of the City's financial operations was performed at the end of the third fiscal quarter. That review determined that amendments were needed to the budgets due to unforeseen or emergency circumstances that have arisen during the year. The report is based on nine months of activity, from October 2002 through June 2003 in the current fiscal year. The report comments on major variances and documents all proposed amendments. Significant fund amendments are: 1) General Fund - General Fund revenues and expenditure amendments reflect a net decrease of $97,360 at third quarter. One of the most significant amendments recognizes that telecommunications tax revenues are anticipated to be well below estimates, by as much as $1- million by year end. On the other hand, franchise fees utility taxes, building permit revenues, and property tax receipts are coming in better than expected, and related amendments will offset the decrease in telecommunication tax revenues. Overall, gross revenue receipts across all General Fund revenue categories are still expected to be on budget for the year. The major reason for the overall Fund expenditure decrease of $97,360 is the result of a planned reduction in Parks and Recreation operational expenditures to offset lower than anticipated revenues for recreational fees, rentals, and activities for the fiscal year. To ensure adequate reserves, the City Commission's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. At third quarter, the allocation of $69,300 of retained earnings is appropriated to fund commitments previously authorized by the Commission. In addition, another $42,340 is allocated for General Fund retirement payout expenses, for a net allocation of $111,640 from retained earnings at third quarter. Estimated General Fund reserves at third quarter are approximately $1 0.5-million, or 11.4% of the current year's General Fund budget, exceeding the City's reserve policy by just over $2.6-million. 2) Gas Fund - Again at third quarter, the Gas Fund recognizes a significant increase in gas sales and related franchise fees, as well as other minor revenue increases, primarily due to increases in gas sales due to increased fuel prices resulting in an increase in Fund revenues of almost $1.6-million at third quarter. Program expenditures are expected to increase by a little more than $1.2-million with fuel costs representing the largest portion of this cost increase. 3) Solid Waste Fund - Solid Waste revenues reflect a $49,700 increase in operating revenues at third quarter due to increased roll-off and commercial activity. Program expenditures Commission Work Session 2003-09-15 2 . are expected to increase by $119,100 as a result of increased dump fees due to the enhanced levels of roll-off and commercial activity. 4) Recycling Fund - Recycling Fund revenues reflect a $35,000 increase in operating revenues at third quarter, due to increased commercial activity and the sale of recyclables. Program expenditures are expected to increase by only $3,360. 5) Marine & Aviation Fund - Marine and Aviation Fund revenues and expenditures reflect an increase of $75,000 due to increased gas and oil sales, and the related increased cost of fuel for resale. 6) Parking Fund - The only amendments to the Parking Fund are the allocation of $1.45- million of unappropriated retained earnings to the Pelican Walk Garage project and $62,400 to establish the Parking Enforcement program in the current year. Both items have been approved by the Commission during the last few months. 7) Harborview Fund - Third quarter amendments reflect savings in program expenditures netting to $19,500 accumulated to offset anticipated like decreases in Harborview revenues for the year. The Harborview Fund is being monitored carefully on a monthly basis in order to meet annual budget parameters. . 8) Internal Service Funds - The Administrative Services Fund recognizes an amendment to fund the City-Wide Connectivity project from a loan from the Central Insurance Fund in the amount of $916,540, which was approved by the Commission in June 2003. All other expenditure amendments to the internal service funds have been either previously approved by the Commission or are relatively minor and offset by like increases in revenues for enhanced departmental support. 9) Capital Improvement Fund - The amendments to the Capital Improvement Fund total a net budget increase of $8,885,734. The most significant amendments include $5.5-million for stormwater projects for Kapok and Lake Bellevue improvements, $1.45-million for the Pelican Walk Parking Garage, $1.2-million for City-Wide Infrastructure Connectivity, and $638,500 for the property purchase for the new Fire Shop/Supply facility. The City Commission previously has approved all of these capital improvement project budget increases. The only significant amendments that have not been approved previously by the Commission include the allocation of Fire Department operating savings to provide $65,000 to outfit the Fire Shop/Supply Facility, $150,640 in debt savings in the Information Technology program to allocate to the project for the Finance System Replacement, and $25,000 of operating savings in the Clearwater Customer Service program to establish a project to fund improvements to the CCS printer room. The only other significant new project is the recognition of a HUD grant in the amount of $131 ,500 to support the Coronado/South Gulfview project. . 10) Special Program Fund - The Special Program Fund reflects a net budget increase of $1,708,107 at third quarter. Budget amendments primarily reflect increases in public safety programs totaling $641,843 recognizing projects established for the Downtown Patrol operation, a grant from the Clearwater Housing Authority for patrol presence at Jasmine Court, funding for Police outside duty services, and other miscellaneous public safety grants; $458,667 of increases in the Special Events program recognizing sales and proceeds received from special events; and more than $320,000 in other grant funds including $200,000 from the EPA for Brownfields programs and more than $75,000 from the Juvenile Welfare Board to support recreation programs for youth. Commission Work Session 2003-09-15 3 -I . Parks & Recreation Director Kevin Dunbar said the majority of cuts are associated with the golf courses. While operational expenses were budgeted for an October 1, 2002 grand opening of the North Greenwood Recreation Center, the facility did not open until January 1, 2003. Budget Director Tina Wilson said telecommunication income on land lines provides a new source of revenue. However, the State issues its report on telecommunication revenues after the City adopts its budget. Staff is working to improve estimates of future revenues. During the budget process, staff predicts when the City will receive revenues. She anticipated the City will receive expected revenues by the time this year's books are closed. Some savings on the expenditure side are expected by then. Staff was complimented for their intelligent expenditure process. DS DEVELOPMENT SERVICES Presentation - North Greenwood Code Enforcement Development & Neighborhood Services Director Jeff Kronschnabl reviewed staff efforts during the Code sweep of North Greenwood, an area bounded by Stevenson Creek, Betty Lane, Drew Street, and Ft. Harrison Avenue, between January 10 and February 28, 2003. Of 1,985 parcels inspected, 1,594 were rated average, 291 rated well maintained, and only 100 were rated poor. Staff issued 511 Community Development Code and 206 public nuisance violations. Mr. Kronschnabl presented photographs of improvements resulting from the sweep. . Discussion ensued with comments that many violations relate to safety issues, not just aesthetics and a suggestion made to amend the Code to prohibit "junker" vehicles from being parked in carports. In response to a concern, Assistant City Manager Ralph Stone said litter removal is a top priority. Although City parking lots are cleaned, trash is left behind following weekend use. FN FINANCE Approve the purchase of property. casualty. liability. workers' compensation. emeraency medical services (EMS). fuel tank. and flood insurance coveraae for Fiscal Year 2003/04 as provided for in the aaenda item in an amount not to exceed $1.962.020. The Risk Management Division of the Finance Department purchases insurance coverage for the City in the above-named areas. The City Administration, through its Risk Management Division, recommends that the City purchase insurance coverage for FY 03/04 as follows: . Insurance Coverage Company Excess Property Agent (Insurance & Risk Management Services, Inc., Naples, FL) ($287,233,798, including the Clearwater Pass Bridge) $5 Million Lexington Insurance Co. $20 Million Uoyds of London $262 Million+ XL Insurance America & Scor Reinsurance (50/50) IRMS Subtotal Premium $ 373,404 200,000 225.593 $ 798,997 Commission Work Session 2003-09-15 4 . . . Miscellaneous Coveraae as shown below Agent (A.J. Gallagher & Co - Tampa Bay, Clearwater, FL) Boiler & Machinery Hartford Steam Boiler Marina Operators Legal Liability Hartford Insurance Co - SE Underground Fuel Tank Liability Commerce & Industry/Zurich Flood Insurance (specific properties) New Hampshire Ins. Co. (estimated premiums for all properties) Gallagher Subtotal: (Estimated) $ 9,832 22,500 7,400 18.180 $ 57,912 Agent - (Accordia Southeast, Clearwater, FL) Crime & Dishonesty Excess Liability ($7 -million) EMS Liability (Partially Reimbursable) GL, Professional (Claims Made Policy) Business Auto Excess GLlProfessional/Auto/EMS Travelers Casualty State National $ 12,904 315,018 $ 69,840 107,349 100.000 277.189 $ 605,111 $1,462,020 Underwriters at L1oyds/GL Royal Indemnity Company Clarendon EMS Subtotal Acordia Subtotal Total Premiums for All Coverage Shown Above The City is required by a contract with Pinellas County to purchase EMS liability coverage. The cost of the EMS liability insurance to the City will be $277,189, but the City will be reimbursed $167,044.54 of that expenditure by Pine lias County. Risk Management Division staff is recommending purchase of insurance coverage for the City as shown above. There was a significant decrease in property insurance rates due primarily to market conditions. This enabled the City to increase the Total Insured Value (TIV) from $240,699,170 to $287,233,798 and decrease the premium from $995,031 to $798,997. The City's TIV changes throughout the year as the City acquires more property and demolishes those structures no longer needed. The difference ($500,000) between the itemized expenditure of $1,462,020, and the requested amount of $1 ,962,020, will allow for changes in insurance expenditures during the fiscal year. Most often these changes arise as a result of acquisition of additional City property, or the construction, or the leasing of new City facilities. All property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable and conservative insurance program for the City. The recommended purchases are for a one year term beginning October 1, 2003, and ending October 1, 2004, except the flood insurance policies are individual policies with different terms and effective dates. The underground storage tank policy also has a different term running from May 20, 2003 to May 20, 2004. In response to a question, Finance Director Margie Simmons said funds not spent by the end of the fiscal year are returned to retained earnings in the Central Insurance Fund. Risk Manager Sharon Walton said flood insurance only covers City properties. Staff updates the property values annually. Ms. Simmons said if affordable, it is prudent to obtain full-value coverage. Commission Work Session 2003-09-15 5 . Authority to pay UP to $70.000 for incurred and anticipated expenses and anticipated claims related to a sewer backup at the Holt Avenue Youth Center Buildina. . . On July 28, 2003, a City sewer overflowed causing raw sewage to flood the Holt Avenue Center, which is leased from the City by the African American Leadership Council Inc. The building required extensive cleanup and repairs. The City hired T&C Cleaners to assist with emergency repairs and cleanup. They have submitted a bill in the amount of $30,859.10 for their services. The City's Building Maintenance Division is completing the repairs and cleanup and they estimate their cost will be $25,000. The African American Leadership Council Inc. sustained damage to their office furniture and equipment, and they will have a property claim for their loss. As the damage resulted from a backed up City sewer line, the City's Risk Management Division, City Attorney, and the City's Claims Committee recommend payment of this claim. In response to a question, Public Utilities Director Andy Neff said a back flow valve has been installed to prevent future grease blockages. Approve a contract with Ross Systems and authorize payment to Ross Systems in an amount not to exceed $720,000 for the purchase and implementation of a new financial system and approve a transfer of $500.000 of unrestricted retained earninQs of the Central Insurance Fund to proiect 315-94809. The City currently is using a Ross Systems financial system, which was purchased in FY1992. Staff has been satisfied with the vendor, however, the current version of the software is no longer current with the City's operating systems or database standards, and has outlived its useful life. The project to replace the existing finance system originally was budgeted in 2001 to be funded by a $2.1 million interfund loan to be paid back by departmental charges over 5 years. That amount later was adjusted to as much as $4.1 million (to include replacement of the payroll system). During the last couple of years, staff has researched the cost and functionality of various systems, and determined that upgrading the existing financial system to a windows based version of Ross Systems is the most cost efficient solution. The new version will be more user friendly, will have better report writing capabilities, which include processes for handling new technologies (p-card transactions and electronic wire transfers), and will include modules for budgeting and accounts receivable, which the City currently does not have. The PeopleSoft payroll system already has been upgraded at a cost of approximately $210,000. The expected total cost of the project to upgrade the Ross System is as follows: $172,500 56,359 491,141 $720,000 60,000 20,000 20,000 20.000 $840,000 Ross Software Ross 1st Year Maintenance Ross Consulting (including contingency) Total Not to Exceed Amount to Ross Systems Hardware Other Software Staff Travel and Training Staff Overtimeffemporary Staff Total Estimated Project Costs Since the purchase of the system has been delayed, staff has been transferring cash to the project that would have been used to pay back the interfund loan. Approximately $340,000 Commission Work Session 2003-09-15 6 . in cash is available in the project. The estimated cost of the upgrade is $840,000. The difference between the amount of available cash and the expected cost of the project is $500,000. Although this could be funded by an interfund loan (as originally budgeted), staff recommends allocating $500,000 of unreserved retained earnings of the Central Insurance Fund. The City Commission adopted a policy this year to maintain Central Insurance Fund reserves at a level composed of: General Insurance (75% of GASB 10 Liability) Health Insurance (current balance) Total Required Reserves $ 8,221,353 3.296.281 $11,517,634 Amounts in excess of the above amount are available to use for any other purpose. The actual reserves (Unrestricted Net Assets) on hand at September 30,2002 were $14,031,896, leaving a balance available of $2,513,262. These excess funds were accumulated by charges to departments in excess of actual expenditures. Since all departments will use the financial system, the use of the excess reserves to cash fund the project would be appropriate. A transfer of $500,000 from the Central Insurance Fund unreserved retained earnings will be made at first quarter FY2004. Ms. Simmons said this request is for a major system upgrade. She said Ross' purchase by a larger company is positive. Most staff who will work on the implementation will not be paid overtime. To avoid placing an undue burden on staff, they are doing what they can prior to the implementation. In response to a question, Ms. Simmons said a more expensive proposal, previously considered, combined PeopleSoft and Ross features into one system. . Adopt Res. # 03-32 expressinq the City's intention to be reimbursed from the proceeds of a tax- exempt financinq for certain capital expenditures. The City utilizes lease purchase financing to pay for certain capital equipment. Lease purchase financing allows the City to pay for items over their useful life. The City's contract with Banc of America Leasing will expire on September 30,2003; the City currently is negotiating with Sun Trust Leasing Corporation to be the next lease purchase provider. The resulting contract will be brought forward in a subsequent meeting. Resolution 03-32 allows the City to pay the vendors and to be reimbursed from Sun Trust Leasing. The City Attorney expected the City soon will receive language for the contract. Controller William Kleinsorge said eight firms had bid to provide these services. The City Attorney said at this point there is no dispute related to contract substance. PR PARKS AND RECREATION Approve a one-year fundinq aqreement. in the amount of $291.240 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. . Jolley Trolley Transportation of Clearwater, Inc., (Jolley Trolley) has been operating trolley service along the City's beach communities and downtown for the previous 10 years. The current one-year funding agreement expires on September 20, 2003. Current funding Commission Work Session 2003-09-15 7 . . . supports approximately 61 % of the trolley overall budget, with the remaining 37% coming from fares, rentals, and advertisements. Funding during the annual term of the current agreement totals $306,670, which is supported through the parking fund ($256,670) and the CRA ($50,000). Funding during the term of the new agreement totals $291,240. The source of this funding will be the parking fund ($241,240) and the CRA ($50,000). The new proposed agreement includes: 1) A reduction in funding of 5% for the providing of trolley routes - $291,240; 2) Trolley service between Clearwater Beach and Sand Key - $156,090; 3) Trolley service between Clearwater Beach, Island Estates, and Downtown Clearwater - $73,450; 4) Trolley vehicle maintenance - $50,000; 5) Office space rent - $11,700; 6) Same terms and conditions as the previous agreement; and 7) New downtown pickup location of the new main Library. The Parks and Recreation Department will administer compliance of the agreement. Discussion ensued regarding the need for communication and coordination between both entities. A comparison of Jolley Trolley and PST A (Pinellas Suncoast Transit Authority) trolley services on the beach was requested. The City Manager said staff is creating a graphic on overlapping of the two trolley services. He said the Jolley Trolley serves both transit and tourist functions. Parks & Recreation Director Kevin Dunbar said the Jolley Trolley and PST A routes are quite similar, but the Jolley Trolley's schedule is more frequent. It was noted the PSTA trolleys have not operated during peak season. Riders have complained PST A trolleys are less comfortable than buses. It was noted a mid-day PSTA cycle has been added. A suggestion was made that the Suncoast Trolley route be extended to south Clearwater Beach. First Readina Ord. 7190-03 - Amend Chapter 2. Article III. Division 3. Code of Ordinances to revise Section 2.104. Powers and Duties of the Beautification Committee for the Committee's review of selected City projects. On December 16, 2002, at the Special Work Session on Advisory Boards, review of City projects was discussed with guidance to have the Beautification Committee provide recommendations to the Commission and City Manager on projects in the City related to aesthetic enhancements. Over the past several months, the Committee has met with staff from Parks and Recreation, Planning, and Engineering to determine the appropriate way to include this as part of its duties. Consistent with both discussions at the Committee's August 6,2003 meeting, unanimous approval to the proposed change of this Ordinance was given. The proposed new changes provide for the Committee's role to encourage beautification as aesthetic enhancement, review selected City projects, advise the City Manager and other municipal officials, and submit written recommendations to the Commission. Mr. Dunbar said the Beautification Committee will establish an agenda based on the City's monthly project meeting. It was requested the committee consider championing implementation of the Code section related to scenic corridors. Commission Work Session 2003-09-15 8 . . . PD POLICE Award a contract in the amount of $109.898.86 to DGG TASER. Jacksonville. FL for the purchase of one hundred fifty (150) M26 Tasers. The Advanced Taser M26 is a less lethal weapon, designed to incapacitate a suspect from a safe distance without causing death or permanent injury. The M26 Taser is built in the shape of a traditional firearm and has a built-in laser for greater accuracy. This less lethal weapon uses compressed nitrogen to shoot two small probes up to 21 feet. This distance reduces the need for officers to go "hands on" with subjects who are dangerous and/or resisting arrest. Testing of volunteers from various Military Special Forces and Police SWAT Teams had a 100% incapacitation rate. Studies have shown that the Advanced Taser M26 can significantly reduce injuries to both officers and suspects. Currently, the Police Department has 39 Tasers, and this expenditure will equip the Police Department's Patrol Division. This expenditure will include the weapons, holsters, additional cartridges, and shipping costs. Support was expressed for a less lethal weapon available for police use. Police Sergeant Joseph Young said officers are trained not to use the Taser without lethal back up. The weapon works on five-second cycles. Those struck by Taser probes recover almost immediately. Police Chief Sid Klein estimated the weapons will have a useful life of 10 to 20 years. In response to an observation that Police Officers already carry a significant amount of equipment on their belts, Police Chief Klein said these weapons weigh approximately one-two pounds. Approve acceptance of arant fundina in the amount of $30.822 from the State of Florida. Office of the Attorney General. FY 2003/2004 Victims of Crime Act (VOCA) Grant. Due to the expiration of federal grant funding for the Police Homeless Outreach program, which provided overtime for Downtown police patrols, current and future issues require new approaches for a higher level of police visibility and order maintenance in the Downtown areas. Due to the pending reduction of 11 officer positions from expired federal grants, the Police Department does not have adequate staffing in existing community policing teams to reorganize and create a new team specific to the Downtown core area. The Police Department has an anticipated $300,000 saving in debt services from the Police Computer Network CIP (Capital Improvement Program). This program will retain six sworn officer positions slated to be eliminated, and will be funded in the same manner as grant positions, only for the next budget year, and with no requirement for retention. Information was requesting regarding the number of people served last year. Approve a transfer of $300.000 from the 2003 debt service account into a special proiect account established to fund a downtown team of one Seraeant and five Officer positions. Due to the expiration of federal grant funding for the Police Homeless Outreach program, which provided overtime for downtown police patrols, current and future issues require new approaches for a higher level of police visibility and order maintenance in the downtown Commission Work Session 2003-09-15 9 . . . area. Due to the pending reduction of 11 officer positions from expired federal grants, the Police Department does not have adequate staffing in existing community policing teams to reorganize and create a new team specific to the downtown core area. The Police Department has an anticipated $300,000 saving in debt services from the Police Computer Network Capital Improvement Program. This program will retain six sworn officer positions slated to be eliminated, and will be funded in the same manner as grant positions, only for the next budget year, and with no requirement for retention. In response to a question, Police Chief Klein said the Ambassador Program uses citizens as volunteers to assist people in the Downtown area. Concerns were expressed that people feel safe Downtown where significant homeless problems exist, that homeless problems not spillover into adjacent neighborhoods and that funding be found to retain these team positions. Police Chief Klein said if the City Commission does not support continuing this program in the future, it should not be approved at this time. Assistant City Manager Ralph Stone said the Police Chief has been responsive to Downtown and homeless issues. Moving officers to Downtown streets has resulted in an immediate response from Downtown merchants for making a positive difference. He strongly recommended continuing the program. In response to a concern other areas of the City not feel the void of officers, Police Chief Klein said the department is pro-active and able to shift officers to other areas, as needed. He said the City will need to make funding decisions as additional resources are needed on the beach. The City Manager said, while specific areas in the City require a continuous police presence, other areas cannot do with less coverage, referencing the resource implication. It was felt a multi-pronged attack, including partnerships with Downtown property owners to address maintenance standards would help. Support was expressed for expanding this project beyond one year. Approve an aareement between the City of Clearwater and the School Board of Pinellas County. Florida providinQ for the continuation of the School Resource Officer proaram at Clearwater Hiah School and Countryside HiQh School for 3 years commencina AUQust 17. 2003. throuQh July 31.2006. Under the terms of the three-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. The assigned officers will provide instruction in law education, will serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests, and provide support services, as necessary. The School Board will reimburse the City for the 2003/04 contractual terms, the sum of $35,312.83 base salary, per School Resource Officer, for a total of $70,625.66. This is a 2% increase in the rate reimbursed to the City for the 2002/03 school year. The Police Department negotiated unsuccessfully with Pinellas County for a 3% increase, but under difficult negotiations an agreement was forged with the Pinellas County School Board for a 2% increase. Payments are to be made in quarterly installments. Commission Work Session 2003-09-15 10 . Additionally, overtime costs related to school functions will be reimbursed to the City by the School Board. The actual salary and benefit costs to the City for providing the School Resource Officers at Clearwater and Countryside High Schools totals $103,861.77. The total cost, $103,861.77, minus the reimbursement, $70,625.66, equals an annual cost to the City of $33,236.11. These amounts are based on current FOP (Fraternal Order of Police) obligations. However, the FOP contract is under negotiation. The difference between actual costs and the amount reimbursed is offset by the benefit of the program to the community and the Police Department. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985, and to Countryside High School since January 1, 1986. Police Chief Klein expressed concern impacts of the School Choice program have caused changes at City high schools. He said it is not safe for one officer to serve alone at a school and additional resources are needed to expand the program. He said it is important to maintain police presence in the schools even though the School Board did not provide the City with the increase it had requested. It was felt resource officers have a positive impact on City high schools and make it much easier to identify the small minority of students who are "bad apples." It was indicated the School Board's reduced funding level is based on a State funding formula mandate. The Pinellas County Sheriff provides officers at Kennedy Middle School. Disappointment was expressed the School Board could not find additional funds for the School Resource Officer program and it was suggested that parents communicate with the School Board regarding this issue. . PC PUBLIC COMMUNICATIONS Citizen Survey Results Public Communications & Marketing Director Doug Matthews reviewed the Citizen Survey Results, based on a random sampling of 500 respondents conducted by Bordner Research. Of respondents: 1) 8% were ages 18 - 29; 2) 24% were 30 - 49; 3) 28% were 50 - 64; and 4) 40% were 65 and older. Twelve percent were non-voters and 88% were voters. Thirteen percent were minorities and 87% were white. Respondents were: 1) 24% from west Clearwater; 2) 17% from Countryside; 3) 14% from north central Clearwater; 4) 12% from south central Clearwater; 5) 12% from central Clearwater; 6) 11 % from southeast Clearwater; and 7) 10% from Clearwater beach. . There was no change to the percentage of respondents who agreed with statements regarding Clearwater: 1) 92% - a safe place; 2) 90% - healthy/caring place; 3) 58% - competitive with wages; 4) 70% - open to citizen dialogue; 5) 68% - service oriented; and 6) 96% - tourism dependent. Eighty percent thought Downtown is important and 75% though beach redevelopment is important. Increased support was noted reported for traffic and code enforcement. Areas of concern decreased related to traffic congestion/control, water resources and stormwater, and beach parking. Almost 59% of respondents thought the City is moving in the right direction with: 1) 24.8% disagreeing with City priorities; 2) 22.9% citing mismanagement of money; and 3) 19.3% saying progress is too slow. While 32.8% of respondents supported the City funding Downtown redevelopment with mostly private funds and incentives, 30.4% supported that funding source for beach redevelopment. Slightly more than one fourth of respondents think a balance of public and private funds should support Commission Work Session 2003-09-15 11 . redevelopment. Approximately one-fifth of respondents think mostly public funds should support redevelopment, while another fifth don't support redevelopment efforts. Fifty-seven percent of respondents think the City is balancing infrastructure and redevelopment issues. Regarding cutting services to balance the budget: 1) 36.2% supported cutting services; 2) 28.8% opposed cutting services; and 3) 32.8% supported cuts depending on which services would be affected. An increased number of respondents (51 %) have contacted a City facility. Ninety-four percent were treated courteously and 90% were satisfied with the service. Ninety- one percent of respondents had visited a City facility and 54.6% indicated they received enough information regarding major activities from sources: 1) 69% - newspaper; 2) 52.6% - television news; 3) 18.4% - word of mouth; 4) 20.6% - C-NEWS Ad; 5) 18.8% - C-View TV; and 6) 17.4%- utility stuffers. Of 59.4% with Internet access, respondents indicated they would use the Internet: 1) 88.9% for on-line service; 2) 75.8% to access public records; 3) 68.4% to register for recreation services; 4) 65.3% to request service; 5) 65% to access public meetings; 6) 63% to sign-up for e-Ietters; and 7) 63% to access police/code reports. . The majority of respondents are satisfied with City services and agree neighborhoods are supported, that traffic and code enforcement is improving, that the City is attractive, clean, and well maintained, and feel the police are doing an effective job. The public perceives improvements in infrastructure and redevelopment. According to the poll, during the next five years, the City should address budget resources/taxes, traffic congestion/control, Downtown and beach redevelopment, and population growth management. C-NEWS quickly is becoming a valuable information source. As support exists for on-line services, staff will examine future possibilities. The demographics of the community are changing with more young active parents, who are interested in participating in the government and likely to share information with their neighbors. In response to a question, Mr. Matthews said the survey cost slightly more than $11,000. As some residents indicated staff had not responded to them in a reasonable time after they had contacted the City with a problem, it was requested the next survey request respondents to define what they consider to be a "reasonable time." Discussion ensued with comments the survey reflects perceptions and expectations and residents are split regarding how to pay for Downtown and beach redevelopment. Concern was expressed regarding perceived infighting among Commissioners. An assurance was given this is not true. Assistant City Manager Garry Brumback believed the survey is statistically sound. It was stated the results are a tribute to City staff. PLD PLANNING Approve an amendment to the City Commission land development policy relatino to freestandino siems, landscapino, walls and monuments service subdivisions. . The Planning Department and Neighborhood Services propose an amendment to the City Commission land development policies that would permit freestanding signs and landscaping within public rights-of-way identifying previously developed single-family subdivisions and multi-family developments. The existing City Commission policy prohibits entranceway signage and landscaping within the public rights-of-way and many older developments do not have private land to accommodate a neighborhood/complex identification sign. The provisions of proposed Ordinance #7106-03 permit such signs and the Commission policy should be revised to reflect the ordinance provisions. Commission Work Session 2003-09-15 12 . . . The policy amendment also removes the provision restricting adopt-a-park signs to wood signs 18-inches in height with three-inch letters. Proposed Ordinance #7106-03 will govern these signs. The Parks and Recreation Department currently is exploring a variety of sign types and designs and will create a catalogue of several, pre-approved designs. All other aspects of the existing policy will remain, including but not limited to liability provisions, insurance requirements, and maintenance standards. In response to a question, Long Term Planning Manager Gina Clayton said liability insurance will be required for signage. Ordinance #7106-03 will regulate the size of signs. ED/HSG ECONOMIC DEVELOPMENT/HOUSING Housina Loan Policy Presentation (WSO) This presentation was continued to a future meeting. Approve the Markopoulos proiect term sheet and provide direction reaardina the proposal of a "one way" south for South Gulfview contiQuous to the Markopoulos property. The City and Anthony Markopoulos (the Developer), owner of the Day's Inn, Beach Tower, Spy Glass and Golden Beach hotel properties on Clearwater beach, have discussed the general development "terms" that may lead to an application for a new large resort hotel on Clearwater beach. Pursuant to that end, the parties have developed a "Term Sheet," which identifies the framework for a development agreement, site plan, design and street vacation application for the proposed project. While the City Administration and Developer mutually agree on the attached Term Sheet, there is one significant disagreement. This disagreement relates to the desire of the Developer to modify the traffic pattern on South Gulfview to a "one- way" pattern to the north and west side of his property. The term sheet proposes the following framework for the proposed new resort project: 1) The hotel will be a national or international "flag" consistent with the criteria in Beach By Design and will not be a Day's Inn or any of its affiliates. If the property does not obtain a flag as described in Beach By Design, the Development Agreement will provide specific standards for the quality, operation and maintenance of the facility. 2) The project will contain up to 450 rooms, but no less than 350 hotel rooms. A mix of condominiums is allowed subject to the proposed "mix" of units in the project. No more than 250 units will be utilized from the Bonus Density Unit Pool in Beach By Design. The Developer, at his option, may apply for additional density using Transfer of Development Rights for the project. 3) One pedestrian bridge may be constructed by the Developer, at his cost, over South Gulfview and will be open and accessible to the public on both sides of the bridge. There shall be no requirement that the public be permitted ingress to the resort property. 4) The City will design and permit Beach Walk (including improvements to South Gulfview and Coronado). There will be no "eyebrow" parking contiguous to the Developer's property (Note - this is no longer a recommended component of the Beach Walk design), Commission Work Session 2003-09-15 13 . subject to amendment of the Seashell development agreement. The City will vacate the portions of South Gulfview not required for the roadway redesign. 5) The Developer will dedicate 18 feet of land along the western boundary of Coronado adjacent to the Developer's property. 6) The Developer will pay for a pro rata share of the South Gulfview and Beach Walk improvements in which the Developer's share will represent the percent of frontage the Developer owns on the project as a proportion of the overall frontage (same formula as the Seashell development agreement). 7) The City's portion of any transportation impact fees paid by the Developer will be credited toward the Developer's share of the South Gulfview and Beach Walk improvements. 8) The Developer will file for vacation of the First Street right-of-way contiguous to his property and dedicate 60 or 80 feet at the south end of his property for a new east/west street. If South Gulfview is one-way, contiguous to the Developer's property, then the dedication will be 80 feet and if two-way, the dedication will be 60 feet. These actions will be contingent upon commencement of the construction of the project. . 9) The City and the Developer agree to coordinate and cooperate regarding the construction of the South Gulfview and Beach Walk project and the Developer's project and the City agrees to use reasonable diligence to complete the South Gulfview and Beach Walk improvement by a date certain, to be determined in the development agreement, with the intent of finishing the project prior to the Developer obtaining a certificate of occupancy for his project. The Beach Walk design concept identifies South Gulfview as a two-way (one lane in each direction) section for the entire length of South Gulfview in its relocated form. The Developer has proposed a one-way format with two lanes moving south to the southern end of his project, which would intersect with a new east/west street between his project and the Seashell project. Pros: 1) The Developer believes the one-way proposal provides a more marketable environment for the redevelopment of his project; 2) The one-way section would provide higher capacity for southbound traffic wanting to patronize South Gulfview; 3) Eliminates left-turn conflicts at Coronado and South Gulfview at the northern end of the Developer's project; and 4) Would allow moving the traffic light at Coronado and South Gulfview south to the new east/west road, which would provide additional stacking from the roundabout. Cons: 1) Would create some confusion regarding traffic circulation in the south beach area for new visitors; 2) Coronado will need an additional lane fronting on the Developer's property to make up lost capacity for northbound traffic that now will be rerouted to Coronado on the new east/west street; 3) May create higher traffic speed, unless traffic calming is introduced; and 4) Generally, one-way traffic is considered less "pedestrian friendly" than two-way traffic (assuming the same lane widths) by traffic engineers. The Administration is requesting direction regarding points summarized in the proposed Term Sheet. A single point of disagreement that the Administration and the Developer have not resolved relates to the one-way or two-way of South Gulfview contiguous to the Developer's property. Administration recommends the two-way option. . Commission Work Session 2003-09-15 14 . The City Attorney said Mr. Markopoulos has not yet filed a development application with the City. Staff is requesting direction from the City Commission today. A development agreement will be brought forward in the future. Mr. Stone said Mr. Markopoulos owns four properties on Clearwater Beach and reviewed the proposed term sheet framework. An important issue to the Administration relates to the development being a flag hotel property. The Seashell development must agree to remove "eyebrow" parking from the Beach Walk design plan. Staff will discuss with Pinellas County regarding applying the County's share of traffic impact fees to the development. A key issue is the one-waying of South Gulfview Boulevard adjacent to the development. Mr. Markopoulos believes one-way traffic on South Gulfview is necessary to facilitate pedestrian access to the beach. Staff believes two-way traffic is better for the same reason. A fax from the Seashell indicates the agreement will require amending if the City goes forward with this and expressed concerns regarding the impact of traffic patterns to their development and impacts of the Markopoulos project on Beach Walk. Mr. Stone did not anticipate the Markopoulos project will impact negatively on Beach Walk. The City Attorney stated some items in the term sheet would require renegotiation of the Seashell development agreement. Currently, the Seashell development has certain rights to parking on the street, references Beach by Design, and assumes two-way traffic. Loading and unloading issues need to be determined. The Markopoulos development has presented the term sheet to decide if the development can move forward. . Discussion ensued regarding one-way pairs with comments that a public hearing would be necessary before approval along with traffic engineering input regarding pedestrian impacts. Public Works Administrator Mahshid Arasteh said a memorandum from TKS consulting firm in 2001 reports one-way traffic would increase traffic volume and speed. The memorandum supports two-way traffic on South Gulfview because the beach is a pedestrian destination. Staff recommends two-way traffic on South Gulfview. In response to a concern, Mr. Brumback did not know who would be responsible for the costs to amend the Beach Walk design to feature one-way traffic on South Gulfview. The City Attorney said it would be risky to base the Beach Walk design on one-way traffic without agreement with Seashell. The Markopoulos development will be subject to site plan review. An opinion was expressed if one-way pairs were implemented South Gulfview could better handle peak beach traffic, the City could control traffic speeds on South Gulfview, would eliminate the need for the traffic signal at South Gulfview and Coronado, and South Gulfview could become a pedestrian walkway. The importance of enforcing the quality of the Markopoulos development was stated. It was recommended every development include some public parking. Additional dialogue and public input related to one-way pairs was recommended. It was recommended the developer sculpt the project to include public amenities. Concern was expressed the City could amend design issues for the Markopoulos project and then the Markopoulos project is not built. It was noted the key issue is the one-way pairs. Discussion will continue at Thursday's meeting. . Commission Work Session 2003-09-15 15 . PW PUBLIC WORKS Approve the Beach Walk Desian concept as proposed by the City's consultants and City Manaaement and Staff. In July 2001, the City Commission adopted Beach by Design, a Special Area Plan including a comprehensive set of land use, mobility, transportation, parking and design guidelines for Clearwater Beach. The Beach Walk project was designated as a catalytic project in Beach by Design, which means it will significantly help to reverse the general economic trend of the area and serve as a catalyst for reinvestment and revitalization. In November 2002, the City Commission approved a work order for Post, Buckley, Schuh & Jernigan, Inc. to refine the Beach Walk concept presented in Beach by Design, obtain public input on the project elements, complete final design, and prepare construction plans. Public meetings were held on February 25, April 29, and May 29, 2003, and the concept plan was refined after each meeting. . Project features include a realigned South Gulfview Boulevard. South Gulfview will be moved westward from its current location, following a curvilinear path from Coronado Drive on the north to the Adam's Mark motel on the south. There will be two 14-foot travel lanes, one northbound and one southbound, parallel parking spaces will be provided on the east side, a reserved 1 O-foot future trolley lane is immediately west of the travel lanes, and a 20-foot wide sidewalk and bicycle path is west of the future trolley lane. In order to provide a smooth transition to the curvilinear road at the north end and provide a landscaped entryway feature, the road will encroach into the southeast corner of the existing Pier 60 parking lot, resulting in the loss of 14 parking spaces. The entrance to the Pier 60 parking lot will be reconfigured to provide a stacking lane and bypass, which will alleviate the current situation of vehicles waiting on Gulfview Boulevard to enter the lot. Project features include Coronado Drive. Traffic studies have shown the addition of a center turn lane on Coronado will provide sufficient capacity to absorb through traffic, which may divert to Coronado from S. Gulfview. The presence of private back-out parking spaces in the City right-of-way, which serve businesses on the east side of Coronado complicates the design. Various alternative cross-sections were analyzed, with three being considered worthy of further consideration: Alternate #1 - The preferred long-term section consisting of two 10-foot sidewalks, 11- foot north and south travel lanes, and a 14-foot center turn lane. This will result in the loss of the back-out parking currently located in the right-of-way (160 spaces). Pros: a) Accommodates sidewalks on both sides of street and includes two travel lanes and a center turn lane; b) Allows landscaping on both sides of the street; c) Allows lane widths to meet preferred standards; d) Provides complete project at one time without the need for future adjustment; e) Allows the under grounding of utilities and provides the preferred aesthetic improvement; and f) Eliminates potential safety and liability associated with current back-out parking. Cons: a) Eliminates back- out parking in right-of-way used by small hotels. . Alternate #2 - An alternative section presented by business owners on Coronado consisting of a 7-foot sidewalk on the west side, 11-foot north and south travel lanes, and a 12- foot center turn lane, leaving 15 feet available for parking spaces on the east side if owners provide an additional four feet of land area for a total of 19 feet for the back-out spaces. This alternative would preserve parking spaces in the right-of-way. Pros: a) Would retain back-out parking used by small hotels and b) Would provide a limited sidewalk and landscaping on the Commission Work Session 2003-09-15 16 . . . west side of the street. Cons: a) Would require private property owners to provide at least 4 feet of land for the back-out spaces including dedication of a "temporary easement" over the private property; b) Would not allow exclusive use of these spaces for the small motels. The Legal Department indicates spaces would have to be available to the public on a "first come, first serve" basis; c) Back-out parking creates safety, liability, and traffic problems; d) Limits ability to achieve improved aesthetic environment on the corridor; e) Would reduce the width of travel lanes and the center turn lane to 11 feet and 12 feet respectively; f) A second street project would be required in the future after redevelopment of private property eliminates back-out parking. Alternate #3: An alternative provided by business owners would provide 8-foot parallel parking spaces and a 7-foot sidewalk on the east side, with the remainder the same as Alternate #3. This alternative would eliminate all back-out private parking in the right-of-way, but would provide approximately 70 public parallel spaces. Pros: a) Would provide a sidewalk on both sides of the street; b) Would not eliminate all parking for small motels; c) Would not require private property for this alternative; and d) Would not require a subsequent construction phase. Cons: a) Reduces 160 back-out spaces to 70 parallel spaces; b) Reduces the travel lanes and center turn lane width; and c) Would not allow exclusive use of the spaces by small motel owners. For Alternates #2 and #3, the 11-foot travel lanes could be reduced to 10-feet, similar to Mandalay Avenue, which would provide 8-feet of sidewalk. Administration recommends Alternate #1, which provides the best and safest cross- section for vehicles and pedestrians, does not require private property, provides the best aesthetic improvement for the area, and would allow construction of the project in a single near- term phase, which would also be more cost effective. Also included in the project are: The Promenade: This is a wide pedestrian area located predominantly in the western 35 feet of the existing S. Gulfview right-of-way. The Promenade extends the length of the project and will include landscaping, street furniture, and public art. A Central Plaza is provided at approximately the midway point. Once S. Gulfview is relocated, the right-of-way can be vacated and the eastern 35 feet made available to adjacent property owners. This vacation would be at the City's option and would provide an incentive to property owners to upgrade their property and blend in with Beach Walk through the use of elements such as sidewalk cafes and/or new resort development. Public Parking: Construction of Beach Walk will necessitate the removal of 379 parking spaces from lots on S. Gulfview, 14 spaces from the Pier 60 lot, and 53 on-street spaces on S. Gulfview. Proposed replacements for these spaces are: 1) New parallel parking on S. Gulfview equals 32 spaces; 2) Construct an approximate 449 space parking garage on the site of the "Adam's Mark" public parking lot for a 349 space net increase for that site; and 3) Construct interim lot on the proposed Marriott Seashell property to equal 155 spaces. A total of 763 parking spaces are proposed to be replaced by 853 parking spaces: 1) Pier 60 - decrease from 231 spaces to 217; 2) South Gulfview lots - decrease from 379 spaces to 0; 3) "Adam's Mark" public lot - increase from 100 spaces to 449; 4) S. Gulfview on-street - decrease from 53 spaces to 32; and 5) Seashell Interim - increase from 0 spaces to 155. Commission Work Session 2003-09-15 17 . Business Access: A few businesses on S. Gulfview do not have parking or delivery access from Coronado. Access to these businesses is being provided via two frontage roads, one off of Fifth Street to the south and one off of S. Gulfview, in the vicinity of McDonalds. The consultants work order for design of the project is funded by a $490,000 VA-HUD Special project grant. The preliminary cost estimate for construction of the project is $7-million, plus $4.49-million for the "Adam's Mark" public lot parking garage. Available funding to date for construction includes $1-million in Penny for Pinellas funds and $75,000 in Development Impact Fees, with an additional $2-million in Penny for Pinellas and $75,000 of Development Impact Fees available in FY (Fiscal Year) 2003/04. Following Concept Plan approval, it will take approximately six months to complete final construction drawings. Staff currently is pursuing federal appropriations for additional funding In response to a question, Keith Zayac said the City would have to obtain permits to remove the man-made dunes on the south end of the beach. Creating seating areas with walls will prevent sand from accreting up on the roadway. There may be an opportunity to sculpt dunes in less intense areas. The proposed parking garage would be within the footprint of the existing lot. . In response to a question, Ms. Arasteh said the parking garage would not interfere with views from Adam's Mark hotel rooms as that hotel property's first four floors have parking. Mr. Stone said while the parking garage would impact views from the Red Roof Inn, that property's owner supports Beach Walk. The 155 parking spaces planned for the interim Seashell lot will cease to exist once construction on that development begins. Mr. Stone encouraged the private sector to construct a parking garage on Clearwater Beach for the City to purchase. Staff has not been able to obtain property at a reasonable land cost. In response to a suggestion that a system of parking passes be created for small motel owners on Coronado, the City Attorney said no other jurisdictions have a similar process. Some cities offer resident stickers. Staff could not find a basis for a system to deal with selling parking of public right-of-way. To retain back-out parking on Coronado, motel property owners would have to dedicate some of their property for this purpose and the parking spaces would have to be open to the public. In response to a question, Mr. Brumback said staff has not determined responsibility for Beach Walk upkeep and maintenance. Concern was expressed funding for the Beach Walk project is $4-million short. More detail was requested regarding funding and additional input was requested regarding construction of a parking garage next to Adam's Mark. It was requested staff report on the opportunity of sequencing the Beach Walk project and sequencing ties with development proposals. . It was stated the only parcels available for the City to construct a parking garage on Clearwater Beach is by the Adam's Mark Hotel or at Pier 60. It was stated the City cannot afford to purchase property to build a parking garage. Concern was expressed the redesign of Pier 60 removes parking spaces and will not provide effective stacking. It was suggested a second story be added to the Pier 60 parking lot. Opposition was expressed to installing 10-foot wide sidewalks on Coronado, as that street is not a pedestrian thoroughfare. It was stated one- way pairs would eliminate the need for a center lane on Coronado. Concern was expressed eliminating back-in parking will discourage tourists from patronizing the small hotels. It is hoped something could be worked out to address small hotel parking. Commission Work Session 2003-09-15 18 . . . Award a contract for parkinQ attendant services at the Pier 60 and South Gulfview parkinq lots for the period 10/01/03 - 09/30/06 to Standard Parkinq Corporation, Tampa, FL, at a cost of $1,235,004 per the final evaluation of the Request for Proposal #33-03 in accordance with the specifications. Attendant parking began at Pier 60 in April 1990 and March 1993 at the two South Gulfview lots. Responses to the RFP (Request for Proposals) were received June 30,2003 to provide parking attendant services for these three locations (689 spaces). Three responses were received. Specifications requested a three-year contract with a 90-day cancellation clause. Standard Parking Corp. scored highest on the overall evaluation criteria and was second best in cost. The current parking management company, Central Parking System, costs were 7% higher than Standard Parking; however, they scored second highest on the overall evaluation process. The selection criteria included: 1) financial stability; 2) approach to the project; 3) cost; 4) experience; 5) references; 6) local support; and 7) hourly rates. The 5- member selection committee was comprised of City staff, with one from Human Resources, one from Parks & Recreation, one from PWAlAdministration, and two Parking System employees. Annualized revenue per parking space for these locations is $2,970. Total annual revenue for all locations is $2,046,607. For FY 2004, costs will be $402,653 and funding for this contract is included in the 2003/04 City Manger's Recommended Parking Fund Operating Budget Contractual Services. In response to a question, Parking Facilities Manager Tracey Bruch said costs are increasing by approximately $1,000. A preference was noted in support of metered parking. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES First ReadinQ Ord. 7170-03 establishinq a Sister Cities Advisory Board. The City of Clearwater has been involved in the Sister Cities program and is a Sister City to the City of Nagano, Japan. The Sister Cities Advisory Board shall advise the City Commission of activities and program issues that might impact the expansion or development of the Sister Cities program. The Sister Cities Advisory Board shall consist of five members: one member of the City Commission, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, and a Clearwater Arts Foundation representative. Representatives of the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by their respective organizations. Members shall be appointed by the City Commission to serve for a term of four years staggered such that not more than three terms shall expire in any calendar year. A member shall not serve more than two consecutive terms. It was recommended certain representatives not be required to reside within the City. Commission Work Session 2003-09-15 19 . . . CA LEGAL DEPARTMENT Authorize settlement of Udoh v. Citv of Clearwater. an employment discrimination case. in the amount of $65.000. Etim Udoh, a former employee, was terminated on or about September 30,2002 for performance-related reasons, and sued the City for discrimination based on race and national origin. Although some of the facts are not in dispute, there are many others, particularly the position of the respective parties relative to Mr. Udoh's work performance, which are disputed. The parties agreed to an early mediation to see if an agreement could be reached. The case went to mediation on August 25, 2003, and representatives of the parties agreed to settle the matter for the amount of $65,000, pending approval of the City Commission. The City Attorney said this issue was mediated. Settlement funds come from the Central Insurance Fund. Other City Attorney Items Request for an Attorney/Client Session (National AdvertisinQ Co. v. City) Consensus was to schedule an attorney/client session regarding National Advertising Co. versus the City prior to the Commission meeting on October 2, 2003. Commission Discussion Items Revised 2004 Election schedule City Clerk Cyndie Goudeau noted the ordinance changes qualifying dates for the City's March 2004 election to meet the Supervisor of Elections deadlines to receive ballot language. which needs to be ReceivinQ Charter Review Report The City Commission must adopt ordinances in December 2003 for charter amendments to appear on the March 2004 ballot. Adjourn The meeting adjourned at 1 :40 p.m. Commission Work Session 2003-09-15 20