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10/19/2000CITY COMMISSION MEETING CITY OF CLEARWATER October 19, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: William B. Horne II Interim City Manager – arrived 6:17 p.m. Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:01 p.m. at City Hall. The invocation was offered by Dr. James Hilton of Central Christian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Four service awards were presented to City employees. ITEM #4 - Introductions and Awards The City Manager recognized the Budget Office personnel for their work in producing the budget. ITEM #5 - Presentations a) Award to Home Depot from Beautification Committee Beautification Committee Chair, Jean Stuart, presented an award to Alexis MacGuire, Store Manager, to recognize Home Depot's beautification efforts at their Gulf-to-Bay Boulevard store. b) County Commissioner Todd present Millennium Books to City Commission County Commissioner Barbara Sheen Todd presented Millennium books to the City Commission. She cited the page that Clearwater has in the book. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of October 5, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Sam Elliott alleged the Commission allowed staff to doctor the minutes of Commission meetings. The City Clerk said no minutes were doctored and are always in summary form, not verbatim. Audio and video tapes are available for review. Joe Calio thanked the Commission and staff for readdressing the Fire Task Force’s recommendations. Tom Sehlhorst alleged City staff has a flawed attitude toward public service. John Doran said he attended the Florida Neighborhoods Conference. He commended Fredd Hinson and Julie Gomez for their participation at the conference. PUBLIC HEARINGS ITEM #8 - Public Hearing - Declare surplus to City needs, drainage & utility easement which vacated 16' alley south of Lots 1& 2 & north of Lot 3, Blk D, Skycrest Sub. Unit 3 (Ord. #4187-86); Res. #00-38 - subordinating City interests in said easement to FDOT, for SR590 improvement project between Saturn Ave. & NE Coachman Rd. On June 19, 1986, the City Commission adopted Ordinance #4187-86 vacating a portion of a 16-foot alley south of Lots 1 and 2 and north of Lot 3, Block “D”, SKYCREST SUBDIVISION, UNIT 3. The City retained a full-width drainage and utility easement that encumbers the vacated portion of the east-west alley. The Florida Department of Transportation (FDOT) proposes to widen Drew Street (State Road 590) from Saturn Avenue to Northeast Coachman Road. FDOT will be acquiring title to all of Lots 1, 2 and 3, Block “D”, SKYCREST SUBDIVISION, UNIT 3. FDOT is applying for the City to subordinate its rights, title and interest in the subject drainage and utility easement that traverses a proposed retention pond to be constructed on the lots to be acquired. The City water lines located within the easement will be cut and capped as part of the construction process. While the City would continue to have any rights available to it pursuant to the drainage and utility easement, the use of the property would henceforth be subject to FDOT control. It is unlikely the City would ever have future use of the easement areas, as it would become part of the proposed pond. The declaration of City rights in the subject drainage and utility easement as surplus to City needs, and the subordination of those rights to the FDOT upon adoption of Resolution 00-38, comply with provisions of Section 2.01 (d)(5) of the City Charter regarding transactions with governmental entities. Commissioner Johnson moved to declare as surplus to City needs that certain easement for drainage and utility purposes created by Ordinance #4187-86 vacating a 16-foot alley south of Lots 1 and 2 and north of Lot 3, Block “D”, SKYCREST SUBDIVISON, UNIT 3, and subordinate City interests in said easement to the State of Florida Department of Transportation for the State Road 590 improvement project between Saturn Avenue and Northeast Coachman Road. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-38 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-38 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Hart, and Aungst. “Nays”: None. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #6548-00 - amendments to fee schedule for land development applications The City Attorney presented Ordinance #6548-00 for second reading and read it by title only. Commissioner Clark moved to pass Ordinance #6548-00 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Hart, and Aungst. “Nays”: None. ITEM #10 - Ord. #6587-00 - providing for metering of reclaimed water service to multi-family dwelling units, changing commercial rate structure, and adding reclaimed water restrictions The City Attorney presented Ordinance #6587-00 for second reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6587-00 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Hart, and Aungst. “Nays”: None. ITEM #11 - Ord. #6597-00 - Relating to Waterways and Vessels; amending Sec. 33.067 to create a new subsection (10) to add a new defined area for speed restrictions of vessels at Island Estates - Palm Harbor Island SE - Harbor Island The City Attorney presented Ordinance #6597-00 for second reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6597-00 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Hart, and Aungst. “Nays”: None. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-19) – Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #12 - Approval of Purchases per Purchasing Memorandum: 1) Castle Supply Inc., gas materials, misc. installation & gas appliance repair parts, 10/20/00-10/31/01, est. $200,000 (SBS) 2) Laub's Landscape Maint., landscape maintenance for Clearwater Beach Entryway, 10/20/00-9/30/01, est. $67,200 (PR) 3) Rueben Coffin, basketball camp instructor, 8/1/00-9/30/01, est. $30,000 (PR) 4) Florida Municipal Equipment, 2 Barber 600-HD surf beach cleaners, $99,740; financing to be provided under City's Master Lease-Purchase Agreement (GS) ITEM #13 - Approve donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations, in the amount $100,000 (PD) ITEM #14 - Authorize contract & approve release of Penny for Pinellas funds in the amount $2,000,000 for PACT, Inc./Ruth Eckerd Hall (PR) ITEM #15 - Confirm co-sponsorship & waiver of City fees for budgeted special events including annual city events (Uno Festival, Folk Arts Festival/Under the Oaks, Holiday Sights & Sounds, Fun-'N-Sun Festival, Memorial Weekend Celebration, Fourth of July), co-sponsored events (Holiday Bridge Run, Jazz Holiday, Times Turkey Trot, Martin Luther King Jr. Parade, Charlie Daniels Concert, N. Greenwood Mayfest, Saturday in the City), and new one time city events (Pinellas Trail 10th Anniversary, Superbowl Events, Coachman Park Dedication), est. $325,850 ($93,420 cash contributions & $232,430 in-kind contributions); Approve co-sponsorship & waiver of City fees for Sunset @ Pier 60, Caribbean Christman, and Summer Beachfest, est. $26,250 ($3,300 cash contributions & $22,950 in-kind contributions) with $22,770 coming from vision dollars & $3,480 from budgeted special events (PR) ITEM #16 - Contract with Melanie H. Cordes, Trustee, for City to purchase Sec. 15-29-15, M&B 24.02 for $30,000 plus est. closing expenses of $675, for total est. $30,675 (PW) ITEM #17 - Agreement with FDOT for Clearwater Beach West Bridge/Spur Connector construction (PW) ITEM #18 - Agreement with FDOT for McMullen Booth Road Flyover/Overpass construction (PW) ITEM #19 - Amendment to Agreement with FDEP re funding Cooper's Point Restoration and Management (PW) Commissioner Johnson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #20 - Health Insurance Contract to United HealthCare, under fully insured funding arrangement for 1/1/01-12/31/01; Mental Health/Substance Abuse and EAP Contract to Bradman/Unipsych, 1/1/01-12/31/01 (HR) The contract with the City's current medical insurance provider expires on December 31, 2000. In June 2000, the Benefits Committee headed by the Human Resources Department, distributed a Request for Proposal (RFP) for medical insurance coverage, mental health and substance abuse coverage, and Employee Assistance Program (EAP) coverage. There were two respondents for medical insurance or medical coverage. One of these respondents provided bids that included mental-health/substance abuse coverage. There were three respondents for EAP and mental health/substance abuse coverage. The Benefits Committee reviewed the submitted RFPs and used a standardized rating process to evaluate these in three specific areas: benefits offered, cost, and medical network. Additionally, employee satisfaction with the current plans, as well as plan design, were considered. The two medical coverage providers and three EAP/substance abuse providers were all selected as finalists for interviews. Based on the ratings and interview results, the Benefits Committee recommends United HealthCare be awarded a one-year contract to provide medical insurance coverage for the coming year (January - December 2001). United offered four different plan designs in its proposal. The variables between the four options are a co-pay for inpatient hospitalization, a co-pay for outpatient procedures; and the co-pays for prescription medications. Our current design, which has no co-pays for the inpatient and outpatient components and has prescription co-pays of $8/$13/$18, had a renewal rate of 28.6%. The other three options, which each contained variations of co-pays for these three areas, had renewal rates of 27.1%, 24.1%, and 23.9%. While the Benefits Committee recommended staying with the current plan, staff is recommending the 23.9% plan, which includes a $250, co-pay for inpatient hospitalization, a $100 co-pay for outpatient procedures, prescription co-pays of $10/$15/ $20, and an inpatient POS (Point of Service) co-pay increase from $250 to $500. This option will result in a cost reduction of $269,735. Staff also recommends allowing employees to select the 28.6% option by assuming the difference in cost between the two plans. Staff recommends changing the funding strategy by setting the HMO City contributions as the base rates for each of the three tiers. Previously, the POS single coverage was used as the base amount of coverage the City provided. Under the recommended strategy, the City will pay 100% of the premium for HMO single coverage, and will continue to pay 72% of the Employee Plus One coverage. Staff recommends increasing the City's subsidies for HMO Family coverage from 51% to 57% of the premium. If an employee selects POS coverage for any of three tiers, he or she will pay the difference in premium. The recommendation regarding increasing the Family coverage subsidy is being made because the cost of health care is going up considerably this year, and this increase will have the most significant impact on the 365 employees who have family coverage. If the City stayed at the 51% subsidy level, the new premium for HMO family coverage would be $3,891. Changing the subsidy level will also put the City in a more favorable competitive position to attract and retain quality employees; a survey of the 10 benchmark survey agencies used for pay and benefits comparisons revealed that the average employer contribution for family coverage is currently 67% of the premium. The Committee recommends Bradman/Unipsych be awarded a one-year contract to provide City employees with the EAP/mental-health/substance abuse coverage for January through December 2001. The City has budgeted $5,724,060 for its share of both medical insurance coverage and EAP/mental health/substance abuse coverage. The City's share of these expenses for January through September is estimated to be $5,574,882. The difference between budgeted and actual cost will be placed in a premium stabilization fund. Costs related to this contract for fiscal year 2002 (October through December 2001) will be budgeted as part of the fiscal year 2002 budget. Human Resources Administrator Paul O’Rourke presented an overview of the proposed employee health insurance plan. In response to a question, Finance Administrator Margie Simmons said staff looked at the next three years, assumed a 28% increase in premiums annually based on the City’s loss ratio, and assumed the percentage of employees in each category would remain the same. She said by increasing the City’s subsidy in the Family coverage category from 51% to 57%, more employees may be able to provide health insurance for their families. In future years, additional subsidies may cause distress to the budget and require either a millage increase or reduction in services. In response to a question, she said in 1997, staff underestimated health care costs by $64,000. She said the Premium Stabilization Fund was originally set up so that the City could become self-insured. Mr. O’Rourke said although discussions regarding a 62% Family subsidy was discussed, that level of subsidy would create a $300,000 impact to the budget. In response to a question, he said the Premium Stabilization Fund is used to subsidize employee health care costs. Employees do not apply for assistance through that program. He said it is difficult to estimate annual health care premiums in the budget as premiums continue to escalate annually at a rate of 24% to 28%. He said the recommendations in this proposal are consistent with other jurisdictions. In response to a question, he said retirees do not receive subsidies. He reviewed the costs for Employee Plus One and Family coverage. Next year, health care costs would be approximately $408,000 if a 28% increase in premiums is applied. In response to a question, Mr. O’Rourke said the Healthy Kids Program is a reputable program that provides low-cost coverage for children in a network of physicians, specialists, and major hospitals. A representative from the City CWA Bargaining Unit requested approval of the 28.6% increase to maintain the current benefit and also requested a greater subsidy for Family coverage. The IAFF representative urged the Commission to increase the City’s subsidy for Family coverage. Commissioner Hooper moved to award the health insurance contract to United HealthCare with a plan design offering a 23.9% increase under a fully insured funding arrangement for the contract period of January 1, 2001, to December 31, 2001, at a total estimated annual cost not to exceed $7,275,647 (this figure includes both City and employee premiums); allow employees the option of selecting the current plan design, which has an increase of 28.6%, by assuming the difference in costs; set the City’s share at 100% of employee only HMO rate (instead of 100% of the POS rate), 72% of the Employee Plus One HMO rate, and 62% of the Family HMO rate; and award the mental health/substance-abuse and EAP coverage contract to Bradman/Unipsych at an estimated cost of $157,529 for the contract period of January 1, 2001, to December 31, 2001, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #21 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #22 - Other City Attorney Items Settlement with St. Petersburg Junior College in the amount $100,000 re: The School Board of Pinellas County and the District Board of Trustees of St. Petersburg Junior College v. City The City of Clearwater established its stormwater utility Ordinance #5058-90 on January 1, 1991. In 1996, the School Board of Pinellas County and the Board of Trustees of St. Petersburg Junior College (SPJC) filed suit against the City of St. Petersburg, challenging that city's imposition of a stormwater service fee to state properties. The School Board and SPJC are political subdivisions of the State of Florida. The trial court ruled in favor of the School Board and SPJC holding that St. Petersburg’s stormwater utility services charge was a special assessment that the School board and Junior college were immune and exempt from payment of and ordered that all fees be returned. The School Board and Board of Trustees of SPJC filed a suit for Declaratory Judgement and Damages against the City of Clearwater on November 9, 1999. SPJC has paid the City of Clearwater stormwater fees totaling $157,309.50, and has paid no fees since March 1998. A rough estimate of legal interest (10%) on this amount, if the City loses the case, is in excess of $135,000. The City has filed a counterclaim against SPJC for $90,000 for unpaid fees owed to the City. The claim by SPJC totals approximately $290,000. Authorization is sought to settle all claims that SPJC has against the City for $100,000. This will not settle the claims the Pinellas County School Board has against the City. An amount sufficient to cover the settlement was included in the 1998 utility rate study calculations. Funding for this settlement will be provided by a first quarter budget amendment allocating the $100,000 from the unappropriated retained earnings of the stormwater fund. Commissioner Johnson moved to approve the settlement with the St. Petersburg Junior College in the amount of $100,000 in the case entitled The School Board of Pinellas County and the District Board of Trustees of St. Petersburg Junior College versus the City of Clearwater, Case Number 99-7479-CI-08, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Hart, Johnson, Clark, and Mayor Aungst voted “aye”; Commissioner Hooper voted “nay”. Motion carried. b) Authorization for Settlement - Sherry Cason v. City (CA) A mediation was held in the above-captioned case last week, and a tentative settlement was reached for $46,250, subject to Commission approval. This case is an action by a former police officer alleging civil rights violations, including, among other things, sexual harassment, differential treatment and retaliation during her City employment. Authorization is requested to accept the settlement offer of $46,250 in this pending litigation case. Commissioner Clark moved to authorize payment in the amount of $46,250 to Sherry Cason for litigation Case Sherry Cason versus the City of Clearwater. The motion and was duly seconded and carried unanimously. ITEM #23 - City Manager Verbal Reports The City Manager reported the Jazz Festival began today and runs for 4 consecutive days. He was glad to have the opportunity to welcome everyone today when the festival started. ITEM #24 - Commission Discussion Items a) City Attorney Evaluation Commissioner Hart said he felt the City Attorney should be more proactive in informing the Commission about important issues. He said he plans to complete a formal written evaluation with her. He was glad that she represents the City. Commissioner Johnson said this past year has been a year of accomplishments and the City Attorney has done a great job. He was pleased with the reception he receives when asking for advice. He was glad the City Attorney does not say what he wants to hear, but what is legal and what she feels is appropriate. He said she is always willing to provide assistance and is an asset to staff. He wished her much success. The Mayor said the City Attorney knows what he needs. He occasionally feels she should be more aggressive and more proactive in some instances. He said overall, she does an excellent job of telling the Commission what they need to hear, not what they want to hear. He said the City will continue to rely on the City Attorney to move it forward in a timely manner. Both the City Attorney and the City Manager work well together and make a good team. As the City Attorney did not receive a salary increase last year, he was prepared to discuss a raise. Commissioner Hooper said it is a pleasure to work with the City Attorney. He was impressed with her job performance and her ability to maintain a professional staff. He said it is difficult to retain a competent City Attorney when so many other opportunities are available. He was impressed with the City Attorney’s superb demeanor and feels she is an asset to the City. He said he looks forward to adjusting her salary. Commissioner Clark said the City Attorney's counsel is always wise and never self-serving. She is professional and has assembled an excellent team of practitioners. He said although it appears to some that the City Attorney exhibits a lack of aggressiveness at times, that is just part of her personality. He congratulated the City Attorney on another fine year of service. Commissioner Johnson moved to increase the City Attorney's salary by 8%. The motion was duly seconded and carried unanimously. The City Attorney thanked the Commission for recognizing her staff. She said they work hard, do a wonderful job, and are all quality professionals. b) Interim City Manager Evaluation Commissioner Clark said although the Interim City Manager has been with the City for short period of time, he is extremely proud of the way Mr. Horne has dealt with issues. He felt the Interim City Manager’s background as a leader will enable him to continue to do a fine job going forward. Commissioner Hooper echoed some of Commissioner Clark's comments. He said when the decision was made to appoint the Interim City Manager to this position, he was concerned for Mr. Horne as there were many issues pending. He said the opportunity to serve as Interim City Manager opened the door for an opportunity to apply for the permanent position. Commissioner Hooper felt that the Interim City Manager has done a good job and is a compassionate, caring person. He appreciates the Interim City Manager keeping the Commission informed. He felt it inappropriate to do a formal review at this time as the City Manager’s performance was previously reviewed and his salary increased. The Mayor said the Interim City Manager’s style is obviously different than the former City Manager’s. He said the Interim City Manager is compassionate but deals with issues on a no-nonsense basis. He appreciates the outstanding job the Interim City Manager has done under the circumstances. He said the next Commission will appoint the next permanent City Manager. He said he feels that as everyone gets to understand one another’s other's style, communication will improve. Commissioner Johnson said he was proud to be a part of the decision to appoint the Interim City Manager to his current position. He feels the Interim City Manager is compassionate and always obliged to help others. He said the Interim City Manager’s background would help lead the City in the right direction. He said the new Commission would make the right choice by appointing Mr. Horne to the permanent position. He said everyone who makes decisions makes mistakes, as will the Interim City Manager. He praised the Interim City Manager highly and thanked him for a job well done. Commissioner Hart said the Interim City Manager position is a challenging one that he hopes the Interim City Manager will continue to perfect. He hopes in the long run, that the Interim City Manager will bring the healing the City needs. He said he knows the intent of the City Manager is to continue to keep the lines of communication open with the Commission and the public. ITEM #25 - Other Commission Action Commissioner Hooper said the Jazz Festival runs today through Sunday. Commissioner Clark said the Leadership Clearwater class is an excellent program. The program trains future leaders of Clearwater. Mayor Aungst thanked everyone involved with the Make A Difference Fishing Tournament. He thanked Duke Tieman for his efforts in the anti-drug march in South Clearwater. He said the neighborhood has greatly improved. He said the Farmer’s Market is returning October 28. He congratulated newly elected members of the Downtown Development Board. ITEM #26 - Adjournment The meeting adjourned at 8:00 p.m.