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09/05/2002CITY COMMISSION MEETING CITY OF CLEARWATER September 5, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone 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 6:02 p.m. at City Hall. The invocation was offered by Dr. Tidwell, Calvary Baptist 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 - Introductions, Awards and Presentations: Legislative wrap-up reports for 2002 session from Representative Gus Bilirakis and Representative Kim Berfield. Representative Kim Berfield gave a report on the 2002 session and thanked the City for their assistance regarding legislation efforts. She said she looks forward to working with the City staff and keeping the lines of communication open. The Mayor presented her with a plaque for her efforts. Parks and Recreation appreciation award to Norma Reinhardt, Vice Chair of the Juvenile Welfare Board. Parks and Recreation Director Kevin Dunbar presented an appreciation award to Norma Reinhardt, Vice-Chair of the Juvenile Welfare Board for their continued cooperation with the City. Ms. Reinhardt thanked the City for their partnership. Parks and Recreation appreciation award to Infinity Broadcasting. Mr. Dunbar presented an appreciation award to Infinity Broadcasting for their sponsorship of various events throughout the City. Rose Bouvier, Infinity Broadcasting, thanked the City for their partnership. Presentation by Clearwater Library Foundation for the new North Greenwood Branch Library. Mercedes Walker-Dickinson and Christine Morris presented a check for $50,000 to the City for the North Greenwood Branch Library. The Mayor thanked them for their support. Presentation by Clearwater Library Foundation for the new Main Library. Mercedes Walker-Dickinson and James Harper presented the City with a check for $2,100,000, which was collected by Clearwater Library Foundation for the new Main Library. The Mayor thanked the Foundation for their support and said he looks forward to the ribbon-cutting. ITEM #4 - Approval of Minutes - Regular Meeting August 22, 2002 The minutes of the of the regular meeting of August 22, 2002, were amended as follows: paragraph eight, sentence one of page 17 is to read “…not a million…” Commissioner Jonson moved to approve the minutes of the regular meeting of August 22, 2002, as amended. The motion was duly seconded and carried unanimously. ITEM #5 - Citizens to be heard re items not on the Agenda Owner of Captain’s Pizza expressed concern regarding access to and parking availability for business on Mandalay. Public Services Director Gary Johnson said Mandalay is being designed without curb cuts to be more pedestrian-friendly and prevent U-turns that could pose safety hazards. Parking on the east side will be accessible and will include crosswalks. Mr. Johnson said he would confirm whether there will be a cut to allow left-hand turns into Eckerd Drugs and into the City parking lot, and whether way-finding signs will be used. City Manager Bill Horne said that a lot of time, effort, and public involvement went into the design of this project. ITEM #6 - Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2002/03 through 2009/10. Budget Director Tina Wilson said the only change to the recommended Penny for Pinellas project list is elimination of the proposed funding for Myrtle Avenue/Ft. Harrison Avenue widening in 2007/08. The State will fund that project. Ms. Wilson said those funds cannot be reallocated to any particular project because they are not available now. In response to a question, she said this list does not reflect the adjustment in revenue estimates by the County. The Mayor stated that some comments that were attributed to him in the newspaper today were incorrect. He will respond to the newspaper. He did not say there are million dollar houses in Northwood. Commissioner Gray moved to approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2002/03 through 2009/10. The motion was duly seconded and carried unanimously. ITEM #7 - Public Hearing - Fiscal 2002-2003 Annual Budget: Ms. Wilson gave a presentation on the fiscal 2002/03 annual which included: 1) All funds; 2) general fund; 3) recommended millage increase; 4) general fund retained earnings; 5) effect on average homeowner with millage rate proposed; 6) how much tax is allocated to City, County, and other agencies; 7) percent of taxes that pays for public safety, public services, and infrastructure and administrative functions of the City; 8) capital improvement plan; 9) top ten projects; and 10) budget calendar. She said only 10% of the City’s budget comes from ad valorem taxes. The City will experience insurance increases for the cost of employee health care and property liability. Franchise fees decreased when Florida Power lowered their rates. It was remarked the City is being run efficiently and effectively. Citizens have indicated they do not want levels of service cut. It was felt that the proposed millage rate increase would serve citizens well. City employees were commended for maintaining or decreasing budgets. Concern was expressed that the City is not receiving a good return on its investment with the Tampa Bay Partnership membership, as a large part of their budget is used to attract new businesses. Assistant City Manager Ralph Stone said he felt the Tampa Bay Partnership also represents the region as a whole bringing together a substantial number of businesses and government leaders. He felt their services have improved as they are beginning to recognize those with redevelopment needs. It was remarked that although it is hard to quantify, workforce development is also one of the advantages of the Tampa Bay Partnership membership. Mr. Stone said Clearwater also has an interest in keeping its position to link a high speed rail and mass transit system between Tampa International Airport and the beaches. It was suggested that more discussion is needed regarding how to advocate Clearwater’s needs with the Tampa Bay Partnership. It was suggested that consideration be given to creating and funding $25,000 for a neighborhood grants program. Consensus was to provide this as a first quarter amendment. It was remarked that the staff and the Commission did a good job controlling the budget. Some new redevelopment projects will bring additional tax revenues to the City over the next few years. It was felt that employees should be treated fairly and receive fair compensation and benefits. Further discussions with the County regarding usage of Clearwater’s parks and recreational facilities will continue. Commissioner Hamilton moved to approve the FY 2002/03 budget. The motion was duly seconded and carried unanimously. a) First Reading Ordinance #7011-02 - declaring the millage rate to be levied for the Fiscal Year beginning 10/01/02 and ending 09/30/03 at 5.753 mills (levy of 5.753 constitutes a 11.41% increase over the rolled back rate of 5.1640 mills). The City Attorney presented Ordinance #7011-02 for first reading and read in full. Commissioner Jonson moved to pass Ordinance #7011-02 on first reading. The motion was duly seconded and carried unanimously. b) First Reading Ordinance #7012-02 – adopting Operating Budget for Fiscal Year beginning 10/01/02 and ending 09/30/03. The City Attorney presented Ordinance #7012-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7012-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. ‘Nays”: None. c) First Reading Ordinance #7013-02 – adopting Capital Improvement Program Budget for Fiscal Year beginning 10/01/02 and ending 09/30/03. The City Attorney presented Ordinance #7013-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7013-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. ‘Nays”: None. Public Hearing - Second Reading Ordinances ITEM #8 - Ordinance #7006-02 - Rezoning of property at 1214 Franklin Circle (Lot 5, Block J, Hibiscus Garden in Section 15, Township 29 South, Range 15 East) (Alpina Investment, Inc.) REZ 2002-05002 The City Attorney presented Ordinance #7006-02 for second reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7006-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, Hibbard, and Aungst. ‘Nays”: None. CONSENT AGENDA (Items #09-21) - Approved as submitted. ITEM #9 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1) Contract to Tampa Bay Engineering Group, Clearwater, Florida for engineering services from 09/05/02 through 08/26/03 for $200,000. 2) Postage for Utility Bills during contract period: 10/01/02 through 09/30/03 for $225,630. 3) Maintenance contract to Cayenta Canada Inc., Burnaby, BC, Canada for Utility Management Systems Programs for contract period: 10/01/02 through 09/30/03 for $80,000. 4) Contract to Florida Department of Management Services, Tallahassee, Florida for Suncom long distance service for contract period: 10/01/02 through 09/30/03 for $161,350. 5) Contract to Nextel Communications, Norcross, Georgia for Cellular/Radio services during the contract period: 10/01/02 through 09/30/03 for $236,700. 6) Contract to Sprint, Charlotte, North Carolina for PBX maintenance and miscellaneous add/moves/changes or equipment purchases for PBX during the contract period: 10/01/02 through 09/30/03 for $60,300. 7) Contract to Verizon Florida Inc., St. Petersburg, Florida for telephone services during the contract period: 10/01/02 through 09/30/03 for $402,825. 8) Contract to Pinellas County Solid Waste, St. Petersburg, Florida for debris removal site for the contract period: 09/05/02 through 09/30/05 for $180,000. (PW) ITEM #10 - Approve the purchase of property, casualty, liability, workers' compensation, emergency medical services (EMS), fuel tank, and flood insurance coverage for Fiscal Year 2002/2003 as provided for in this agenda item in an amount not to exceed $1,800,000. ITEM #11 - Approve the additional funding of $20,642.50 to the State of Florida Department of Transportation (FDOT) for the relocation of existing natural gas facilities impacted by the FDOT's S.R. 55/U.S. 19 (CSXRR to south of Enterprise Road) roadway improvement project. ITEM #12 - Approve one additional FTE for the Marine Department consisting of .6 FTE for Pier 60 (General Fund) and .4 FTE for the Marine (Marine & Airpark Fund). ITEM #13 - Approve Agreement between the School Board of Pinellas County and the City of Clearwater for the development of a Joint-Use Driveway for Eisenhower Elementary School and the Eddie C. Moore Fields 8 & 9. ITEM #14 - Approve the additional transfer of $215,285.74 to the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT's S.R. 55/U.S. 19 (CSXRR to south of Enterprise Road) roadway improvement project. ITEM #15 - Approve a Work Order in the amount of $29,602 to TBE Group, Inc. to conduct a contamination assessment at the Police Sub-station located at 1310 N. Martin Luther King, Jr. Boulevard, as directed by the State of Florida Department of Environmental Protection. ITEM #16 - Approve the final plat for "Mediterranean Village in the Park" located within the four-block area bounded by Cleveland Street, Martin Luther King Avenue, Pierce Street and Myrtle Avenue in downtown Clearwater. ITEM #17 - Ratify and confirm the approval of Change Order #1 to Contract No. 00-0064a-PR for the Clearwater East-West Recreation Trail Bridge Installation Project to Harvey-Taddeo, Inc. of Oldsmar, Florida in the amount of $7,315.25. ITEM #18 - Ratify and confirm the additional transfer of $172,548.77 to the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT's S.R. 55/U.S. 19 at Drew Street Intersection Improvement project. ITEM #19 - Approve Agreement with Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. to provide lobbyist services at the state level from 10/1/2002 to 9/30/2007 at a cost of $48,000 per year, plus expenses not to exceed $4,800 per year. ITEM #20 - Marine Advisory Board – Reappoint Nicholas Matsis Commissioner Hamilton 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. ITEM #21 - Other Pending Matters – None. OTHER ITEMS ON CITY MANAGER REPORT ITEM #22 - Approve changes to the City of Clearwater Employee's Pension Plan relating to the Economic Growth and Tax Relief Reconciliation of 2001 and pass Ordinance #7033-02 on first reading. The City of Clearwater Employees’ Pension Plan must be amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001. Amendments to the plan that are necessary due to changes in state or federal law do not need to be passed by referendum. The following changes to the Plan are recommended: Increase the OBRA ’93 annual compensation limit from $150,000.00 to $200,000.00; Increase the maximum amount of annual retirement income payable under the Plan from $90,000.00 to $160,000.00; Change the rollover provisions for distributions made after January 1, 2002, to allow employees to roll over any portion of their pension contributions that is includible in their gross income provided the rollover is made to an individual retirement account or a retirement annuity described in Internal Revenue Code Section 408(b) or to a qualified defined contribution plan described in Internal Revenue Code Sections 401(a) or 403(a) that agrees to separately account for the amounts that are includible (post-tax amount) and the amounts that are not includible (pre-tax amount). Include as an “eligible retirement plan” any eligible deferred compensation plan described in Internal Revenue Code Section 457(b) that agrees to separately account for the amounts transferred from the Pension Plan and an annuity contract described in Internal Revenue Code Section 403(b). This provision will also apply to rollover distributions to the surviving spouse. The Trustees of the City of Clearwater’s Employees’ Pension Plan will consider this item at their meeting of September 16, 2002. Commissioner Hibbard moved to approve changes to the City of Clearwater Employee's Pension Plan relating to the Economic Growth and Tax Relief Reconciliation of 2001. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7033-02 on first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7033-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, and Hibbard. “Nays”: None. Absent: Aungst. ITEM #23 - Approve changes to the City of Clearwater Police Officers Supplementary Pension Plan relating to the Economic Growth and Tax Relief Reconciliation of 2001 and pass Ordinance # 7034-02 on first reading. The City of Clearwater Police Officers Supplementary Pension Plan must be amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001. Amendments to the plan that are necessary due to changes in state or federal law do not need to be passed by referendum. The following changes to the Plan are recommended by the Pension Plan Attorney: Change the eligible rollover provisions for distributions made after January 1, 2002, to allow employees to roll over any portion of any distribution which would be includible in gross income will be an eligible rollover distribution if the distribution is made to an individual retirement account described in Section 408(a), to an individual retirement annuity described in Section 408(b) or to a qualified defined contribution plan described in Section 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Include as an “eligible retirement plan” an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code and which agrees to separately account for amounts transferred into such plan from this plan, an annuity contract described in Section 403(b) of the Internal Revenue Code. This definition shall also apply in the case of an eligible rollover distribution to the surviving spouse. The Trustees of the City Of Clearwater Police Officers Supplementary Pension Plan will consider this item at their meeting of September 13, 2002. Commissioner Hibbard moved to approve changes to the City of Clearwater Police Officers Supplementary Pension Plan relating to the Economic Growth and Tax Relief Reconciliation of 2001. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7034-02 on first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7034-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, and Hibbard. “Nays”: None. Absent: Aungst. ITEM #24 - Approve changes to the City of Clearwater Firefighters' Supplemental Trust Fund relating to the Economic Growth and Tax Relief Reconciliation of 2001 and pass Ordinance # 7035-02 on first reading. The City of Clearwater Firefighters’ Supplemental Trust Fund must be amended to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001. Amendments to the plan that are necessary due to changes in state or federal law do not need to be passed by referendum. The following changes to the Trust Fund are recommended by the Pension Plan Attorney: Amend Section 2.441, Definitions, as follows: 1) Increase the OBRA ’93 annual compensation limit from $150,000.00 to $200,000.00 and 2) Increase the maximum amount of section 415 compensation for a highly compensated employee from $75,000.00 to $80,000.00 Amend Section 2.447, Allocations of Contributions, as follows: Increase the maximum permissible amount of annual additions from $30,000.00 to $40,000.00 Amend Section 2.451, Direct Transfer of Eligible Rollover Distributions, as follows: 1) Change the rollover provisions for distributions made after January 1, 2002, to allow employees to roll over any portion of their pension contributions that is includible in their gross income provided the rollover is made to an individual retirement account or a retirement annuity described in Internal Revenue Code Section 408(b) or to a qualified defined contribution plan described in Internal Revenue Code Sections 401(a) or 403(a) that agrees to separately account for the amounts that are includible (post-tax amount) and the amounts that are not includible (pre-tax amount) and 2) Include as an “eligible retirement plan” any eligible deferred compensation plan described in Internal Revenue Code Section 457(b) that agrees to separately account for the amounts transferred from the Pension Plan and an annuity contract described in Internal Revenue Code Section 403(b). This provision will also apply to rollover distributions to the surviving spouse. The Trustees of the City of Clearwater Firefighters’ Supplemental Pension Fund will consider this item at their next regularly scheduled meeting of November 26, 2002. Commissioner Gray moved to approve changes to the City of Clearwater Firefighters' Supplemental Trust Fund relating to the Economic Growth and Tax Relief Reconciliation of 2001. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7035-02 on first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7035-02 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Gray, Hamilton, Jonson, and Aungst. “Nays”: None. Absent: Hibbard. ITEM #25 - Clearwater Housing Authority – 1 Appointment This item was pulled from the agenda as there were no nominees. ITEM #26 - Environmental Advisory Board – 1 Appointment City Clerk Cyndie Goudeau said one vacancy exists due to one member’s term expiring. Two individuals are interested in appointment to the Environmental Advisory Board. Commissioner Gray moved to appoint Michael Flanery to the Environmental Advisory Board. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #27 - Other City Attorney Items – None. ITEM #28 - City Manager Verbal Reports – None. ITEM #29 - Commission Discussion Items: a) Visioning Statement with Strategic Priorities Discussion ensued regarding whether “tree-lined” or “shaded” should be added to the Strategic Priorities. It was felt that the intended message is already in the document and “tree-lined” would obligate future commissions. It was suggested adding that the list on the first page include a statement in parentheses that the items are “in no particular order.” Commissioner Hibbard moved to accept the Strategic Priorities as submitted to include a statement in parentheses that they are “in no particular order.” The motion was duly seconded. Commissioner Jonson moved to amend the motion to add “tree-lined” to the sixth strategic priorities item. The motion died due to the lack of a second. Upon the vote being taken regarding the original motion, the motion carried unanimously. Commissioner Jonson moved to include a statement under the Economic Development section as follows: “In addition to the four priorities listed above, the City will gradually improve the economic and aesthetic attractiveness of the City by landscaping major entrances to Clearwater and roadway corridors throughout the City.” The motion died due to the lack of a second. Concerns regarding the many entrances into Clearwater and the financial impact of this recommendation were expressed. It was felt that the above suggestion belongs and essentially already is in the Quality of Life section. In response to a question, the City Manager stated staff will present the plan to the public and receive input. Commissioner Hamilton moved to adopt the document as the final draft with amendments as stated. The motion was duly seconded and carried unanimously. b) Commission appointee to Homeless Task Force The City Manager said that Commissioner Hibbard is interested in serving on the Homeless Task Force. Commissioner Hibbard said he felt discussion was necessary as to whether a Commission appointee is necessary or if the Commission should review the task force’s recommendations. He felt homelessness is an important issue in the City and it would only increase. The City Attorney said this task force was intended to be informal so that attendees could share their thoughts and recommend ideas. The task force does not schedule formal meetings and take minutes. Should the task force be charged with presenting official recommendations to the Commission, it would be required to follow Sunshine Law requirements. If Commissioner Hibbard desires to attend as a Commission-appointee, it would be necessary for official meeting notices and minutes to be taken. Should more than one Commissioner attend, they should not sit together or discuss matters amongst themselves. Reg Owens, Economic Development Director, said this task force is a good opportunity for a private/public partnership but it would be counter-productive to conduct formal meetings. City Manager Bill Horne said this task force is not a Commission-driven task force. Staff felt the task force would be helpful for discussion of homeless matters and to obtain creative ideas to address these problems. Mr. Brumback said should anything derived from the task force become a consideration for implementation, those ideas would be brought before the Commission for approval. Consensus was for the task force to remain, at this time, an unofficial committee. ITEM #30 - Other Commission Action Commissioner Hibbard attended the St. Petersburg/Clearwater Economic Development meeting. They have great web site. That committee is searching for a core job training location. He invited everyone to attend the September 11 commemoration services at the Harborview. Commissioner Gray will brief the Commission regarding the County’s response to Senate Bill 1906 at the next Work Session. Commissioner Jonson said the Gazette published the wrong phone number in an article he wrote. He encouraged everyone to exercise their right to vote on Tuesday. He thanked Clearwater Chamber of Commerce for sponsoring Politics in the Park. He thanked Commissioner Hamilton for handling the soda machine problem. He acknowledged Krispy Kreme for adding the street number on their freestanding sign. He enjoyed attending Clearwater Firefighters MBA Volleyball Tournament. He thanked Wendy Campbell for organizing it. He presented photographs (fence) of downtown cleaning up the small things, and a photograph of a fire hydrant with overgrown shrubs that needs cleaning up. He encouraged participation in September 11 services. Commissioner Hamilton enjoyed the Clearwater Firefighters MBA Volleyball Tournament. He urged everyone to find a portion of their day to reflect on events of September 11. He encouraged everyone to attend High School football, which starts this week. Mayor Aungst will broadcast the Countryside football game on September 22. He requested Commissioner Hamilton report to the Commission at the next meeting regarding the Jolley Trolley’s use. He received three letters this week congratulating City employees. He received a complimentary letter from a broker regarding Margie Simmons and how the City handles bond issues. He said September 11 is an important day to remember. He reminded everyone of the following events: Bicycle Jamboree on September 7, September 11 activities at Harborview Center; Sailing Center Opening Gala from 10:00 a.m. to 5:00 p.m. on September 14; and the Citizens Academy Picnic on September 14. He offered condolences to the Warrens and Hornes for the loss of their grandsons and Bill Conrad on the loss of his wife. ITEM #31 - Adjournment The meeting adjourned at 8:12 p.m.