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10/13/2014 Council Worksession Meeting Minutes October 13, 2014 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Monday, October 13, 2014 1 :00 PM Council Chambers Council Worksession Page 1 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 Roll Call Present 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Hoyt Hamilton Also Present —William B. Horne I I — City Manager, Jill S. Silverboard —Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor Cretekos The meeting was called to order at 1:00 p.m. at City Hall. It was stated that Councilmember Polglaze was unable to attend due to a family matter. 2. Presentations 2. 1 Service Awards Two service awards were presented to city employees The Council recessed to meet as the Pension Trustees from 1:03 p.m. to 1:08 p.m. 3. Finance 3.1 Approve an amendment to the agreement with Gabriel Roeder Smith and Company for actuarial services for the City's Other Post Employment Benefits (OPEB) liability, to extend the agreement for two years, to December 31, 2016, with an additional not-to-exceed amount of$17,500, and authorize the appropriate officials to execute same. (consent) In December 2009, Council approved a five-year agreement with Gabriel Roeder Smith and Company for Pension Plan and OPEB actuarial services, expiring December 31, 2014. Staff recommends extension of the agreement due to the Pension Plan's required implementation of GASB Statements 67 and 68 effective with fiscal years 2014 and 2015. These implementations require significant assistance from the Plan's actuary and staff believes it is the Plan's and City's best Page 2 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 interests to continue with the existing actuary during the transition period. The total not-to-exceed amount for this extension includes the following: $ 2,500 - roll-forward actuarial valuation as of 1/01/2015 for 9/30/2015 CAFR $15,000 - actuarial valuation as of 1/01/2016 for 9/30/2016 CAFR $17,500 Requested not-to-exceed The Pension Trustees are separately considering a similar extension to the actuarial services for the Pension Plan, with the costs to be paid by the Plan. APPROPRIATION CODE AND AMOUNT: 0010-09821-530100-513-000-0000 Funds are available in the Finance Department budget. 4. Police Department 4.1 Approve acceptance of U.S. Department of Justice, National Institute of Justice (NIJ) Grant Award in the amount of$30,671 for funding for Clearwater Police Department's (CPD) Cold Case Team Project and authorize the appropriate officials to execute same. (consent) On May 7, 2014, CPD was granted approval by the Resource Management Committee to submit a grant application for funding of the department's Cold Case Team Project. The grant has been officially awarded and CPD now seeks approval to accept it. CPD currently has a total of 20 cold homicide cases that have the potential for being solved with DNA evidence. These cases reach as far back as 1968 and extend forward to 2008. The families and victims are still awaiting justice and closure. Like most other law enforcement agencies with numerous unsolved cases, CPD is operating under staff shortages, budgetary restrictions and heavy caseloads leaving neither the time nor resources available to identify, review and prioritize violent crime cold cases that have the potential to be solved using DNA analysis. As a result, cold cases are unable to be pursued as vigorously as desired. Unwilling to give up on cold cases entirely, CPD created a Cold Case Unit in January 2012, consisting of members of the department's Homicide Unit and a retired law enforcement officer who volunteers his time to assist in working cold cases. The Cold Case Unit has had astonishing success in the short time that it has been operational, solving five cold cases in less than two years. The grant funding in the amount of$30,671 from NIJ will allow CPD to enhance its existing Cold Case Unit and solve even more cases with additional overtime/fringe benefits for case and evidence review. The funding for overtime will allow the Unit to devote the additional time necessary for cold cases while still attending to more recent crimes. The grant will also fund the Page 3 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 cost of investigative travel that may be required to follow up on leads, interview witnesses and/or suspects. Pinellas County Forensic Laboratory will analyze all biological evidence submitted by CPD, interpret the DNA results and submit the DNA profiles that meet the necessary criteria for possible upload into the Combined DNA Index System (CODIS) database, all at no cost to CPD. There will be no additional FTE's or match associated with this grant. Special project number 181-99209, Clearwater Cold Case Team Project 2014, will be established to account for the grant expenditures. APPROPRIATION CODE AND AMOUNT: There will be no additional FTE's or match associated with this grant. Special project number 181-99209, Clearwater Cold Case Team Project 2014, will be established to account for the grant expenditures. In response to a question, Police Major David Dalton said the cold case unit already exists, the grant funds will provide additional resources for employee expenses. The grant period is for eighteen months. 5. Engineering 5.1 Approve revised Florida Department of Transportation (FDOT) Traffic Signal Maintenance and Compensation Agreement, which allows the City to be financially reimbursed by FDOT for maintaining state traffic signals on the state highway system within the City limits and authorize the appropriate officials to execute same. (consent) May 15, 2014, City Council executed the new FDOT Traffic Signal Maintenance and Compensation Agreement which replaced the existing agreement that had been in place between FDOT and the City for several years. Shortly after the distribution and execution of the new agreement, FDOT revised the new agreement to address issues regarding traffic signal mast arms. Traffic Operations staff took part in meetings with FDOT and is now aware of and supports the changes in the revised maintenance agreement. FDOT has once again requested that all maintaining agencies approve the revised maintenance agreement and return two executed copies to FDOT. The revised maintenance agreement still allows the City to be reimbursed for maintenance performed by the Traffic Operations Division on the state's traffic signals within the City of Clearwater. In response to questions, Traffic Operations Manager Paul Bertels said prior to 2001, cities were not reimbursed for maintaining state traffic signals. Since 2001, the reimbursement program provides approximately 20% of the Page 4 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 maintenance costs. The City spends approximately$12, 956 annually per intersection to maintain the signals. The recent RSA at Belcher Road and Gulf to Bay Boulevard determined that flashing amber turn arrows are safer than a green turn arrow, which is being mandated by FDOT. The City Manager said FDOT will be mandating the flashing amber turn arrow statewide. Mr. Bertels said drivers can make the turn when the turn arrow is flashing yellow or a solid green arrow. 5.2 Provide direction on the establishment of a Quiet Zone along the CSX railroad corridor through the City of Clearwater by reviewing various options and associated cost estimates. (WSO) Under the Federal Railroad Administration's (FRA) Train Horn Rule, locomotive engineers must sound the train horn in advance of all public grade crossings. To mitigate the impacts of the high decibel train horn, the FRA offers the option of establishing a quiet zone. For crossings within a quiet zone the CSX locomotive engineer would cease sounding the train horn at public grade crossings unless an emergency situation arose. Establishing a quiet zone requires that the City go through a process which includes but isn't limited to: identifying the crossings, determining if we wish to eliminate any crossings, obtaining the approval of all relevant jurisdictions, using the FRA's Quiet Zone Calculator to determine and compare the Quiet Zone Risk Index (QZRI) with the Nationwide Significant Risk Threshold (NSRT) with associated costs estimates, and determining which Supplementary Safety Measures (SSM) to apply. Traffic Operations staff has used the quiet zone calculator to propose and evaluate several scenarios with various SSMs such as closing specific crossings, making certain roadways one-way, employing quad gates, constructing medians to avoid driving around the railroad arms, etc. Below are the options that are being proposed. Options 2 and 3 from the Quiet Zone Calculator are not being proposed since they were determined to be infeasible. Option 1: Belleair Road to Keene Road ($1,267,000) Option 1A: Belleair Road to Keene Road ($175,000) Option 1 B: Belleair Road to Fairwood Avenue ($860,000) - Covers all crossings within the city limits. Option 1 BB: Belleair Road to Fairwood Avenue ($1,960,000) - Covers all crossings within the city limits. Option 4: Drew Street to Pinellas Street ($245,000) Page 5 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 City staff is seeking direction from City Council on how to proceed with a Railroad Quiet Zone given the available options. Funding for either of these options would be pursued through a FRA Quiet Zone Grant but the City would be required to provide 50% matching funds. In response to questions, Traffic Operations Manager Paul Bertels said the gates are very expensive and only available through CSX. Staff recommends Option 4. Law was changed recently requiring the Engineer to provide written justification when blowing the horn is needed. The trail east of the Municipal Services Building will not pose a problem with the quiet zone. Mr. Bertels said the zone at Pennsylvania Avenue and Vine Avenue to the west will require a new gate with flashing lights. Option 4 will require gates, one- way pairs or close crossings. The one-way pairs would be located at Pinellas Street and Jeffords Street or Park Street and PierceStreet. On the average, two trains that go through downtown during daylight hours. Mr. Bertels said the train also runs through downtown at night. The implementation schedule is expected to be 2-3 years. In response to a suggestion regarding one-way pairs, the City Manager said any road configuration would be discussed by Council Staff was directed to pursue to Option 4. 6. Fire Department 6.1 Award a contract (purchase order) to Pierce Manufacturing Inc. of Appleton, WI. in the amount of$ 534,000.00 for the purchase of one new Pierce Heavy Duty Velocity Pumper in accordance with Sec. 2.564 (1)(d), Code of Ordinances, - Other governmental bid, and authorize the appropriate officials to execute same. (consent) The Department desires purchasing a heavy duty front line pumper (engine) to replace Engine 46, purchased 2001, which will move to the reserve fleet to maintain required reserve units. A reserve unit purchased in 1999 will be retired. The full price for one fire engine is $550,300.00. The manufacturer has offered a discount of$16,300 if paid for in full at time of order. The department desires to take advantage of this discount. A performance bond has been provided. Page 6 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 The City will be reimbursed by the County for a portion of the purchase, approximately 10.9%, as the vehicle will support fire operations in the unincorporated areas of the Clearwater Fire District. The Department has determined the Pierce Heavy Duty Velocity Pumper built by Pierce Manufacturing meets the operational needs of the Department. A heavy duty velocity pumper provides exceptional pumping water capability, enhanced storage capability, lower vehicle profile and will significantly up-grade the abilities of the engine it replaces. Estimated annual operating costs in the department's annual operating budget include fuel and routine garage charges for operating the new vehicle. Garage charges on the new vehicle are expected to be less than on the replaced vehicle. This purchase is a piggyback of Lake County Contract 14-0601. APPROPRIATION CODE AND AMOUNT: Funds are available in capital improvement project 0-315-91218-591000-581-000 in the amount of$549,830 Penny III Funding for Fire Engine Replacement, Project 91218, to fund this contract. 7. Planning 7.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1452, 1473, and 1479 Grove Circle Court (Grove Circle Subdivision Lots 8, 12, and 13 in Section 2, Township 29 South, Range 15 East); and pass Ordinances 8596-147 8597-14 and 8598-14 on first reading. (ANX2014-07013) This voluntary annexation petition involves three parcels of land totaling 0.719 acres. Two parcels are occupied by a single-family dwelling, and the third parcel is currently vacant. The three lots are on Grove Circle Court generally south of Sunset Point Road (SR 576), east of Kings Highway, north of Palmetto Street, and west of North Highland Avenue. The applicants are requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City's Grove Circle Court Septic-to-Sewer Project. The properties are contiguous to existing City boundaries along at least one boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: Page 7 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 • The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants will connect to the City's sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject properties are consistent with the uses allowed in the District and the properties exceed the District's minimum dimensional requirements. The proposed annexations are therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The properties proposed for annexation are contiguous to existing City boundaries along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. 7.2 Approve the Annexation, initial Land Use Plan Designation of Residential Urban (RU) and initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) District for 1250 Palm Street and 1325 Idlewild Drive (consisting of portions of Section 03, Township 29 North, Range 15 East) Page 8 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 together with all abutting right-of-way of Idlewild Drive; and pass Ordinances 8593-14, 8594-14 and 8595-14 on first reading. (ANX2014-08014) These voluntary annexation petitions involve two parcels of land totaling 0.256 acres. Both parcels are occupied by single-family dwellings. Both lots are located generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road (State Road 576) and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City and will connect to City sewer when it is available in the future as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The properties are contiguous to existing City boundaries to the east and south. It is proposed that the properties be assigned a Future Land Use Plan designation of Residential Urban (RU) and Zoning Atlas designations of Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. The applicants will connect to the City's sanitary sewer service when it is available, and are aware of the fee that must be paid in order to connect and the financial incentives available. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have adverse effects on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses with a density of 7.5 units per acre. The proposed zoning districts to be assigned to the properties are the Low Medium Density Residential (LMDR) and Medium Density Page 9 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 Residential (MDR) Districts. The use of the subject properties are consistent with the uses allowed in the Districts. One parcel meets the District's minimum lot area requirement and one would meet it through the Flexible Standard Development requirements. Both lots meet the District's minimum lot width requirement. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City boundaries to the east and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. 7.3 Approve a Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 14-32, and authorize the appropriate officials to execute same. (HDA2014-07004 - 40 Devon Drive) Development Proposal: Following the City Council meeting of October 2, 2014, the applicant revised the proposal to include sidewalks along Devon Drive to match the existing and have included a bicycle rack on the first floor of the hotel. The owners propose to utilize the otherwise permitted density of 32 units and incorporate 66 units from the Hotel Density Reserve through Beach by Design resulting in a total of 98 units (149 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 0.659 acre portion within the T District. This proposal terminates DVA2010-08001 and allocates a total of 66 units to the project from the Hotel Density Reserve pursuant to Beach by Design. Consistency with the Community Development Code (CDC): No changes have been made to the Conceptual Site Plan presented at the October 2, 2014 City Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: • Minimum Lot Area and Width • Minimum Setbacks • Maximum Height • Minimum Off-Street Parking • Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the October 2, 2014 City Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: Page 10 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 • Design Guidelines • Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: • Provides for the allocation of 66 units from the Hotel Density Reserve or a maximum density of 148.7 units per acre; • Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section 4-606.1, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 66 units from the Hotel Density Reserve under Beach by Design. Planner Matt Jackson said since the last council meeting, the development agreement was amended to clarify the land zoned tourist and residential. Staff was directed to provide an underlined/strikethrough version of the amended agreement. Page 11 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 8. Solid Waste 8.1 Solid Waste and Recycling Rate Study Presentation — Mike Burton and Erick van Malssen, Burton and Associates Mr. van Malssen provided a PowerPoint presentation on the rate study. The recommendation for a once-a-week service collection estimates a $400,000 annual savings if adopted. Building a sorting facility will increase revenue from sale of recyclable materials. The current co-mingled recyclable materials sell at a lower rate. Mr. van Malssen said the City could consolidate the Recycling and Solid Waste funds to mitigate the cash flows of the recycling fund. In response to questions, Solid Waste/General Services Director Earl Gloster said the transfer station will provide the department with an efficiency improvement, allowing drivers to unload at the station and return to their routes, instead of hauling the materials to the landfill. The efficiency also improves fuel consumption and decreases CO2 emissions. Mr. van Malssen said the initial capital outlay for the vehicle purchases should the City decide to pursue the direct hauling option will be approximately$2.2 million. Mr. Gloster said a rate discount is not proposed if the once-a-week collection was implemented. The once-a-week collection encourages residents to recycle. Mr. van Malssen said the average 10-year cost projection for building and operating a sorting facility, combined with expected revenue from the sale of the materials, is an average $25,000 less annual net revenues. Mr. Gloster said the sorting facility will separate the materials and load onto the trailers to haul to markets directly. The City currently sells the co-mingled recyclables to Waste Management. The new transfer station will take 75-80% capacity. Staff was directed to provide information comparing the return on investment for the transfer station versus direct haul and the effects of delaying the proposed recycling rate increase to 2017 instead of 2016. 8.2 Provide direction regarding changing the frequency of residential trash collection, from twice-a-week to once-a-week, and provide an effective date. In October 2013, the City of Clearwater converted residential recycling collection from manual collection to automated collection. This change has allowed residents to recycle more items such as cardboard, glass, and cartons. The first twelve months of the expanded residential program (October 2013 through September 2014) has seen an average monthly collection increase from 160 tons/month to 440 tons/month. As a direct result, the residential solid waste tonnage collected has decreased by 10% when compared to the prior Page 12 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 year's amount. The savings achieved by going to once-a-week residential trash collection has been accounted for in the Rate Study presented by Burton &Associates. The conservative annual savings estimate for once-a-week residential trash collection service is $408,000. In addition, this helps the City fulfill the State of Florida 75% recycling mandate by the year 2020. If Council approves changing the frequency of residential trash collection, staff will bring forward an ordinance implementing the service change at a later date. APPROPRIATION CODE AND AMOUNT: This item will have no negative impact to the Solid Waste Fund. In response to questions, Solid Waste/General Services Director Earl Gloster said the cities of Dunedin, Largo, Safey Harbor and Polk and Sarasota counties have, or are in the process of implementing single stream process. Pinellas County is expected to increase their tipping fee. Automated collection decreases employee injuries that are associated with manual collection. The automated trucks being used are Compressed Natural Gas vehicles. Once-a-week collection encourages individuals to consider what items are being placed in the black and blue barrels. Mr. Gloster said the once-a-week collection would provide the City$400,000 annual savings, Dunedin's annual savings will be $700,000 due to eliminating three routes, vehicles, and Full Time Equivalents (FTE). Clearwater will be redirecting FTEs to the sorting facility, if approved by Council. A recent focus group provided feedback that education materials need to be improved. Staff will incorporate an online component, open houses at city facilties and meetings with home owner associations to engage the community. If Council approves the change, a second black barrel will be provided. Staff was directed to draft an ordinance implementing a once-a-week collection for council consideration. 8.3 Approve the combining of the Solid Waste Fund and the Recycling Fund for the purposes of financial statement presentation, residential rate presentation, and the application of Council policy for reserve requirement and provide an effective date. (consent) Page 13 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 Clearwater Solid Waste won the right to provide recycling to Clearwater through a bidding process that included proposals from private enterprises such as Waste Management, Kimmins Recycling, DisposAll, and Browning-Ferris Industries. Since its inception in Fiscal Year 1993-94, the Recycling Fund has been accounted for as a separate enterprise fund from the Solid Waste Fund, in order to provide transparency regarding the Recycling Fund's financial condition. With the Department's transition to single stream recycling, the amount of tons diverted from solid waste to recycling has dramatically increased. While this assists the Solid Waste Fund in reducing their disposal costs, it creates a financial burden on the Recycling Fund. This is due to the fact that the market prices for co-mingled commodity versus hand-sorted commodity, is significantly lower. This decrease in revenue generation has caused a financial hardship on the Recycling Fund. Staff believes that the time is right to combine these two funds (Solid Waste and Recycling) as demonstrated in the presentation just offered by Burton and Associates. APPROPRIATION CODE AND AMOUNT: This item will have no net financial impact to the Solid Waste Fund or the Recycling Fund. In response to questions, Assistant City Manager Jill Silverboard said if Council approves the consolidation, the cost for recycling and solid waste will be reflected in a single fee on the utility bills. Support was expressed for combining recycling and solid waste costs on utility bills. 8.4 Approve establishing a new Capital Improvement Project entitled Transfer Station Rebuild (CIP 315-96447) for $1,000,000, to be funded from unappropriated retained earnings of the Solid Waste Fund, for preliminary site work to include but not limited to geotechnical surveys, land surveys, and preliminary design needed for the new Transfer Station facility. (consent) Since 1970, the City of Clearwater has operated a centrally-located solid waste transfer station. This facility is used by department route trucks to increase efficiency, by allowing the trucks to dump quickly and return to route collection. At the time of its construction, the Transfer Station facility was projected to last for twenty years and handle up to 400 tons of waste weekly. Currently the Page 14 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 facility is forty-four years old and is depended upon to handle an average of 340 tons of waste daily. The facility's age, increased tonnage, increased maintenance requirements, and deterioration of the building and its foundation necessitates that a new facility be constructed. After preliminary designs and surveys are completed, the department will present to Council a total cost for the project. The total cost of the project is expected to be in the range of$18 million to $20 million. APPROPRIATION CODE AND AMOUNT: 0-424-00000-389902 Unappropriated Retained Earnings 8.5 Approve establishing a new Capital Improvement Project entitled Recycling Processing Center Expansion and Upgrade (CIP 315-96809) for $1,000,000, to be funded from unappropriated retained earnings of the Recycling Fund, for preliminary site work to include but not limited to geotechnical surveys, land surveys, preliminary design, and equipment needed for the new Recycling Processing facility. (consent) In October 2013, the City of Clearwater converted residential recycling collection from manual collection of 18 gallon bins to automated collection using 96 gallon carts. This change has allowed our residents to continue recycling everything they had always recycled while adding cardboard, glass, and cartons (gable top and aseptic containers) to the mix. The first twelve months of the expanded residential program (October 2013 through September 2014) has seen an average monthly collection increase from 160 tons/month to 440 tons/month. This project will provide for the expansion of the recycling processing center and the addition of processing equipment. The expansion is necessary for the increased volumes of recyclables and the processing equipment necessary to separate the co-mingled materials for market, because separated materials bring a substantially higher market price than co-mingled materials. After preliminary designs and surveys are completed, the department will present to Council a total cost for the project. The total cost of the project is expected to be in the range of$3 million to $4 million. APPROPRIATION CODE AND AMOUNT: 0-426-00000-389902 Unappropriated Retained Earnings A concern was expressed with the estimated project cost and lack of a Page 15 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 preliminary study. Assistant City Manager Jill Silverboard said the intent of the project is to define the equipment needed as part the preliminary consideration. Staff was directed to take Item 8.5 off the consent agenda. 9. Official Records and Legislative Services 9.1 Appoint a member to the Community Development Board to fill the remainder of an unexpired term through February 28, 2017. Due to a procedural error at the October 2, 2014 council meeting, Council must rehear this item. 9.2 Appoint three members to the Municipal Code Enforcement Board with terms to expire October 31, 2017. The City Clerk requested delaying consideration of Item 9.2 until the council meeting as one of the prospective appointees is also being considered for Item 9.1 10. Legal 10.1Adopt Ordinance 8587-14 on second reading, adopting an Interlocal Service Boundary Agreement with Pinellas County. On December 6, 2011, the Pinellas County Board of County Commissioners initiated the negotiation process pursuant to Florida Statutes Chapter 171 to establish an Interlocal Service Boundary Agreement (ISBA) which would allow for the voluntary annexation of non-contiguous properties in Type A enclaves in Pinellas County (those surrounded by a City on all sides). On February 2, 2012, the Clearwater City Council adopted Resolution 12-03 agreeing to participate in the negotiation process with the County and responding municipalities and special districts. On December 10, 2013 the Board of County Commissioners approved the final draft of the ISBA. A total of nine municipalities are participating in the agreement including Clearwater, Dunedin, Kenneth City, Largo, Pinellas Park, Safety Harbor, St. Petersburg, Seminole, and Tarpon Springs. While the agreement allows for the voluntary annexation of non-contiguous properties in Type A enclaves, it does not allow the City to invoke existing agreements to annex for non-contiguous properties unless the current owner consents nor does it provide the basis for annexing an adjacent property that is subject to an agreement to annex without the consent of the current owner of the property. This is consistent with the provisions of Pinellas County Page 16 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 Ordinance 00-63 which governed annexation in Pinellas County from 2000 to 2007. The ISBA imposes a new public notice requirement that requires participating municipalities to provide notice to the property owner seeking voluntary annexation by certified mail prior to each reading of the ordinance. The ISBA establishes an effective date of November 1, 2014 and would be in effect for 20 years. It requires the City to provide data related to each property annexed through this process every six years. Any renegotiation of the Agreement must begin at least 18 months prior to the termination date. Each of the participating local governments that are signatories to the ISBA must adopt the agreement by ordinance as required by Florida Statutes 171.203(14). The Planning and Development Department recommends approval of ISBA. 10.2Adopt Ordinance 8591-14 on second reading, amending Chapter 32, Article VII, Clearwater Code of Ordinances relating to gas services„ providing for the use of subcontractors in the fulfillment of Gas services, providing for delivery of gas at varying pressures, and providing for discretion by Clearwater Gas System in providing certain optional services; amending Appendix A, Code of Ordinances to revise rates for Clearwater Gas System customers. Black and Veatch have completed a Cost of Service and Rate Study for the Clearwater Gas System (CGS). This study is an update of their last study issued September 2010. The Study includes a projection of CGS' financial position for the period 2014 - 2019 and a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served. Based on the results of the Study, CGS' rates are adequate for the period, and we are actually recommending an overall $1.2 million annual decrease in base rates. Key recommendations in the Study and Ordinance are: • Roll the non-weather portion of Usage & Inflation Adjustment (UTA) rate into the eligible base distribution charges and reset the normal use per customer and Consumer Price Index (CPI-U) to current levels as specified in the Study and Ordinance. • Decrease the Commercial class revenues by approximately $1.2 million by reducing distribution rates to the levels as specified in the Study and Ordinance. • Increase the Residential Single-Family monthly customer charge by $2.00 and offset this with a reduction in the usage charge. The net effect of these changes to the residential rate revenue overall is negligible as the increase in customer charge is offset by the decrease in distribution charge revenues. This is revenue neutral for our typical single-family residential customer. • Make certain changes in the propane (LP) rates, based on a competitive analysis of local LP suppliers, as specified in the Ordinance. • Adopt a new pricing structure for service charge rates that establishes a Page 17 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 per trip charge, which includes up to 1 hour of labor plus quarter hour rates for additional time on site beyond 1 hour. • Make certain wording clarifications in our Ordinances to better reflect operating policies and responsibilities. Table 1-2 on Page 7 of the Rate Study shows the projected effect of these recommended rate adjustments and will become CGS' basis for strategic goal setting. 10.3Adopt Ordinance 8607-14 on second reading, amending the provisions of Chapter 2, Article V., Division 3., Code of Ordinances to comply with Section 401(a)(31)(B) of the Internal Revenue Code. Internal Revenue Regulations require two amendments to the Clearwater Employee Pension Ordinance. The changes to Section 2.398 and restated in Section 2.424 (Time and Manner of Payment) requires the Plan Administrator to deposit any lump sum payout exceeding $1000 into an individual retirement plan designated by a trustee should the distribute not make an election otherwise. The changes to Section 2.393 and restated in Section 2.412 add additional language to the definition for compensation to include severance payments and overtime. 10.4Adopt Ordinance 8612-14 on second reading, amending the Money Purchase Pension Plan to comply with the Internal Revenue Code, and codifying the amended Second Restatement of the Money Purchase Pension Plan. The City of Clearwater Money Purchase Plan was established effective August 28, 1997 and restated November 20, 2008. The plan must be amended to comply with the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The amendment will amend Section 6.5. Limitations on Contributions of the Plan by amending Section 6.5(b) and deleting Section 6.5(c). This amendment eliminates the requirement to dispose of excess annual additions to contributions. The Money Purchase Pension Plan Second Restatement was approved by City Council on November 6, 2008, but was not codified. The current Ordinance instructs Municode Corporation to codify the amended Second Restatement. 10.5Approve a contract with Florida Division of Administrative Hearings (DOAH) to provide Hearing Officers for the Civil Service Administration and authorize the appropriate Page 18 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 officials to execute same. (consent) City of Clearwater Code of Ordinances, Chapter 2, Article IV, Division 2, as amended, establishes the Civil Service Administration. Section 2.285(1) specifically authorizes the City Commission to contract with DOAH to provide a Hearing Officer for the purpose of hearing appeals by classified employees who are suspended, demoted, or dismissed. DOAH offers agencies an impartial, efficient resource to hear and resolve disputes involving agency decisions in which a party has a right to a hearing. The contract rate is $148/hr plus expenses. In the past, the City has contracted with private attorneys to act as Civil Service Hearing Officers. The City is experiencing difficulty appointing Hearing Officers who will accept the current DOAH rate. The City has a current contract with DOAH, entered into in 2003, to provide Administrative Law Judges for appealing decisions rendered on variances and conditional uses by the Community Development Board. The Council recessed from 2:53 p.m. to 3:00 p.m. 10.6Medical Marijuana Presentation (WSO) — Gina Grimes, Esq. and Morris Massey, Esq., Hill Ward Henderson Law Firm Ms. Grimes and Mr. Massey provided a PowerPoint presentation. Twenty- three states, plus the District of Columbia, have adopted medical marijuana laws. Florida's constitutional amendment legalizing medical marijuana, Amendment 2, will be on the ballot on November 4, 2014. If the ballot initiative passes, it is likely the Department of Health and the Florida Legislature will be involved in rulemaking. California does not have a statewide registration requirement. Medical Marijuana is illegal under federal law. The location of medical marijuana treatment centers will be determined by local governments. The City of Tampa is contemplating to identify locations that would allow dispensaries based on their zoning code and require business operating permits, which are renewed annually to address bad actors. In response to questions, Ms. Grimes said there are security issues related to the financial aspect. This would be a cash-only business as banks are subject to federal laws. Transportation of the marijuana is also a security concern. Certain diseases and conditions, which are associated with high Page 19 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 pain experience, are only treatable by the higher THC found in smokable marijuana. The THC level found in non-smokable marijuana is very low. The low THC is used to treat seizures. Ms. Grimes said if Florida's ballot initiative passes, the amendment will be effective in September 2015. Mr. Massey said under Charlotte's Web, there are five cultivating centers allowed in the state. The City Attorney said staff has not made a recommendation at this time, one will be presented if the constitutional amendment passes. 11. City Manager Verbal Reports The City Manager said the special worksession to discuss the Urban Land Institute's Panel Report recommendations is scheduled for November 12. The Clearwater for Youth's Meet the Pros event has been scheduled for November 12. Clearwater Gas System is sponsoring the event. There was no consensus to reschedule the special worksession. 12. City Attorney Verbal Reports — None. 13. Council Discussion Item 13.1 Employers "Stealing" Wages - Mayor Cretekos The Mayor reviewed a recent Tampa Bay Times Editorial regarding employers, located within city limits, not paying employees. He requested consideration to direct the City Attorney to draft a city ordinance that would help address this issue. The City Attorney said the article referenced countywide ordinances, staff will research the issue to determine if there is a reason why it has been addressed at the county-level and report to Council. 13.2Water Bill Adjustment Policy - Mayor Cretekos The Mayor said Council receives many concerns regarding water bills that higher than usual and unanticipated. Currently, city policy confirms whether Page 20 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 or not it is a meter issue, if it is not a meter issue, it is the customer's responsibility to pay the bill. The City Manager said the city policy has been codified in city ordinances. For example, city staff documents no water loss on the city side, but there is a water loss on the customer's side. The customer deputes the matter by stating they have evidence to the contrary. Staff provided information regarding how local municipalities handle similar issues. Customer Service Director John Scott said the issue is high water bills, some individuals may be on a limited income, others question any bill that is out of the norm. The meter measures how much water is used. The Department will correct a misread. Mr. Scott said the department must follow the ordinance: providing credit to sewer only, as long as it did not enter the waste water treatment program. Customers with a leak on an irrigation line are not provided a credit because there is no sewer fee charged. The city of Saint Petersburg does not provide a credit because there is a flat charge. Mr. Scott said bond convenants requires the City to charge for the service. Clearwater has an inverted rate structure that encourages water conservation, the more water you use, the higher the rate. In response to a question, the City Manager said there is an internal conflict on how the high water bill should be addressed. Public Utilities may establish a criteria for those with an unusually high water bill that would not account for all the water used by charging at a lower rate, if Council desires. Staff was directed to draft criteria for those with high water bills after the utility rate study has been completed. 13.3City Co-Sponsored Event at Crest Lake Park - Councilmember Polglaze Item 13.3 was continued to November 3, 2014. 13.4City Attorney Evaluation Discussion deferred to the council meeting. 13.5City Manager Evaluation Discussion deferred to the council meeting. Page 21 City of Clearwater Council Worksession Meeting Minutes October 13, 2014 14. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). Councilmember Jonson said the recent communications survey results showed the City is pretty average and looks forward to discussing potential actions. He expressed an interest in formalizing performance measurements with an annual priority list. 15. Closing Comments by Mayor— None. 16. Adjourn The meeting adjourned at 4:16 p.m. Page 22 City of Clearwater