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04/30/2007 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER April 30, 2007 Present: Frank Hibbard Mayor John Doran Vice-Mayor Carlen Petersen Councilmember George N. Cretekos Councilmember Paul Gibson Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Fire Department Award a contract to Fisher Scientific Company LLC, 5904-D Hampton Oaks Parkway, Suite 200, Tampa Florida, in the amount of $150,000, for the replacement and upgrade of Scott Air Packs in accordance with sec. 2.564 – (1) (b) and (e), and authorize appropriate officials to execute same. (consent) This program provides for the replacement and upgrade of breathing apparatus needed for worn or damaged front line units used by firefighters. The project will provide for the purchase of self-contained breathing apparatus (SCBA) upgrade kits that have been approved through the National Institute for Occupational Safety & Health (NIOSH) and CDC. The CDC and NIOSH have a program to approve SCBA for use by firefighters and other first responders to terrorist attacks. NIOSH approval under the program signifies that an SCBA is expected to provide needed protection to first responders in situations where an act of terror has released harmful chemicals. Pathogens, or radioactive materials into the air. This program will provide for the standardization of existing airpacks and the purchase of new replacement airpacks that meet the new standard, which has been adopted by National Fire Protection Association (NFPA) revision of NFPA 1982. In response to questions, Fire Chief Jamie Geer said equipment that meets 2007 standards is not yet being manufactured. Fire Division Chief Robert Weiss said the department is playing catch-up, first by meeting 2002 national standards in order to upgrade to 2007 standards and qualify for grants. Council Work Session 2007-04-30 1 Financial Services Declare an estimated 50,000 pounds of aluminum from bleachers, box seating and other miscellaneous materials at Jack Russell Stadium surplus to the needs of the City and authorize sale to the highest bid received; and allow proceeds to be returned to the Jack Russell Stadium demolition project; and allow appropriate officials to execute same. (consent) Jack Russell Stadium seating under the covered area and box seating is no longer needed at the stadium or any other City facility. Staff has contacted Pinellas, Pasco and Hillsborough County Schools, Tampa Bay Downs Race Track, Southeast Seating, Sunshine Speedway, Clearwater Central Catholic and Calvary Christian High Schools. None has expressed interest in obtaining the bleachers for reuse. Cost of removal is estimated to be $5,000, which will be paid from revenue received. The current value of aluminum is approximately $0.80/pound; therefore net proceeds are estimated to be $35,000. Several citizens have expressed interest in purchasing seats and signage. Staff will accommodate the citizens by allowing sealed bids for lots as small as one seat or sign. Small lot bids must be equal to or greater than the salvage value. A small fee will be charged for removal and handling. City employees or prisoner volunteers will remove seats and/or signage. Bidders will be responsible for transportation from Jack Russell Stadium to the final destination. Funds received will be utilized to pay unanticipated recycling costs for hazardous materials left on the site and for restoration after demolition. Thirteen large electrical transformers left on site may contain PCBs, therefore must be tested and properly recycled. In addition, over 700 pounds of chemicals were found in various storage facilities that must be sent to proper hazardous waste disposal facilities. Site restoration will include new electrical service, dugout drainage, ADA approved sidewalks to the restroom facilities, a new backstop, and modification of the remaining bleachers for code compliance. Concern was expressed that it will be difficult for residents to comply with the bidding process. Finance Director Margie Simmons said City ordinance requires a sealed bid process. Parks & Recreation Director Kevin Dunbar said the City had received three requests for specific seats. The City will advertise the offering in the newspaper and assist residents through the process. Parks and Recreation Approve the Public Art and Design Master Plan as submitted by the Public Art & Design Board and staff, in compliance with Ordinance 7489-05 establishing criteria, policies and priorities for the Public Art and Design Program. (consent) In 2005, the Council approved Ordinance 7489-05 establishing the Public Art and Design Program. This Ordinance requires 1% of the construction budget of eligible City capital improvement projects be allocated for public art. Private development projects with a total Council Work Session 2007-04-30 2 construction value of $5 million or greater may either allocate 1% of construction costs for an on-site public art project or may contribute 0.75% to a City Public Art Fund. The Ordinance also calls for the development of a Public Art and Design Master Plan, subject to City Council approval to establish criteria, policies, and priorities for the Public Art and Design Program. The Public Art and Design Board, in concert with City staff, and the consulting team of Brown and Keener Bressi and Via Partnership, has prepared a Master Plan to fulfill this requirement and to set a strong direction for the future of the public art program. To develop recommendations in the plan, interviews with City staff and civic leadership were held along with two “Imagine Art Here” public workshops. More than 30 participants helped to articulate and prioritize specific desired outcomes for the Public Art and Design Program. They discussed and ranked various program directions, and brainstormed ideas for specific projects. The interviews, workshops, site investigations, review of City planning and budget documents, and research of public art practices helped to shape this plan. The Plan recommends that Clearwater’s Public Art and Design Program focus its efforts on commissioning artwork in this priority order: 1) projects that will shape the overall City image, reinforcing the City’s role as a destination, 2) strengthen civic connectivity by enhancing citywide infrastructure, or 3) support individual neighborhood identity by creating local points of pride. The Plan also recommends commissioning “Special Initiative” art projects in addition to those related to the City’s Capital Improvement Program. Funding for these projects would come from private developers who choose the in-lieu contribution to the Public Art Fund to fulfill the requirements of Ordinance 7489-05. The Plan identifies various public art opportunities and recommends a project approach, budget range and timeframe based on the availability of funding. An action plan outlines projects that can be commissioned in the first few years of the program and suggests how the program can begin laying groundwork for longer-term projects. The Plan makes programmatic and policy recommendations including an Artwork Gift Policy and a Deaccession Policy. Approval of this Plan will not require the immediate expenditure of any funds. Individual projects requiring the expenditure of public and private monies will be included in the annual budget review process. In response to questions, Cultural Affairs Manager Margot Walbot said department directors would determine the placement of gifts valued under $5,000. Tax deductions on donations from artists are valued only at the cost of materials. It was recommended that collector gifts be qualified for tax deductions. Staff was complimented and thanked for their efforts. City Manager Verbal Reports Potential appeal to short-term rentals ruling Council Work Session 2007-04-30 3 The City Attorney reported the Circuit Court entered a Final Declaratory Judgment on April 20, 2007 that the City Codes were not sufficiently specific to put the property owners on notice of the prohibition, that all the owners had shown the properties were offered for use or used as short-term rentals prior to 2003, that the City had not enforced prior to 2003, and therefore that all 31 properties were grandfathered in and could continue the short-term rental use. It is believed that legal grounds exist upon which to base an appeal to the Second District Court of Appeal. The filing fee will be $300 and a trial transcript will cost approximately $1,300. If unsuccessful, the City would pay the other side's costs but not attorneys' fees. The funding for these costs is available in the City Attorney's Office budget. In response to questions, the City Attorney said Charlie Siemon had indicated that outside representation for the appeal would cost less than $20,0000. Few of the ruling judge’s decisions have been overturned. While mediation occurred previously, the plaintiffs have no incentive to discuss a settlement with the City at this time. Request to disband Budget Task Force It was noted that this Task Force had completed its assigned task and members still are unable to discuss task force issues among themselves. Consensus was to disband the Budget Task Force. Council Discussion Items Proposed Budget Cuts Parks & Recreation Department Parks & Recreation Director Kevin Dunbar reviewed proposed budget cuts: 1) Contract Projects Team services; 2) Reduce holiday lighting; 3) Reduce PACT (Performing Arts Center & Theater) contribution to $400,000; 4) Reduce AALC (African American Leadership Council) program support; 5) Consolidate electricians and eliminate a position; 6) Eliminate cash funding for outside organizations; 7) Close Morningside Recreation Center; 8) Reduce contracted grounds maintenance; 9) Eliminate Systems Analyst; 10) Eliminate Administrative Analyst; 11) Close recreation centers on seven holidays; 12) Close Beach Recreation Center – rentals only; 13) Eliminate programmer at MLNP (Moccasin Lake Nature Park); 14) Eliminate PIO (Public Information Officer); 15) Reductions in Landscape Maintenance Team; 16) Special Events – Recreation Specialist (includes BrightHouse Networks Field Events): a) Reduce Fun ‘n Sun festival to two weeks and eliminate Cinco de Mayo; b) Eliminate fall concert; and c) Eliminate City participation in Festival of Trees; 17) Eliminate Coordinator for recreation programming administration; 18) Turn operations of North Greenwood Recreation & Aquatics Complex over to the Boys & Girls Club; and 19) Eliminate Recreation Programmer for Cultural Affairs. In response to questions, Mr. Dunbar said grass will replace some landscaping and City efforts to set up special events will be reduced. Fourth of July fireworks would be reduced and holiday lighting downgraded to 1999/2000 levels. Eliminating all holiday decorations would save $51,000. Council Work Session 2007-04-30 4 Discussion ensued regarding closure of Morningside and Beach Recreation Centers. Mr. Dunbar said the City lacks $2-million to replace the Morningside Recreation Center with anything larger than a neighborhood center. The summer camp program would be eliminated. Savings would result from the elimination of FTEs and operating costs. No money has been spent on a new center’s design. Budget Director Tina Wilson said Public Hearings regarding the change in Penny for Pinellas use would occur in September. It was recommended that Penny for Pinellas funds set aside for the Morningside Recreation Center be reallocated to traffic calming in that neighborhood. It was recommended that increasing user fees be considered as a way to offset potential closures. Discussion ensued regarding demand of recreational facilities. It was suggested that flexible hours be considered for recreation centers and libraries. Staff will report on facility use. Mr. Dunbar said cuts would close MLNP on Sundays and eliminate the park’s birds of prey displays. The Special Events special position currently handles events with the Phillies at BrightHouse Network Field and handled volunteers for Ironman. If this position is eliminated, the City would have to renegotiate its contracts with the Phillies and Ironman. In response to a recommendation that the operation of the North Greenwood Recreation Center be turned over to a local organization, it was stated the Charter requires that the building remain a recreation center open to the public. Information Technology Information Technology Director Dan Mayer reviewed proposed budget cuts: 1) Eliminate Telecommunications Supervisor and revert to part-time position; 2) Eliminate Administrative Assistant position; 3) Eliminate Network Analyst; and 4) Reduce annual project funding. General Services Solid Waste/General Services Director Tom Downes reviewed proposed budget cuts: 1) Eliminate Administrative Analyst; 2) Eliminate Fleet Service Worker; 3) Eliminate two mechanics; and 4) Eliminate Tradesworker. All electricians would be assigned to General Services. The consolidation of fire maintenance will be accomplished this year. Consensus was to agenda Council direction on proposed budget cuts for May 3, 2007. Status of Increases in Hotel Density - Petersen It was noted that thousands of hotel rooms in the County had been converted to condominiums as the value for residential units is higher than hotel rooms. The PPC (Pinellas Planning Council) has proposed increasing density for overnight accommodations. Planning Director Michael Delk expressed concern the PPC recommendations do not go far enough to attract resort development to Clearwater beach. Staff will present to the PPC its recommendation for an urban development pattern for overnight accommodations. This pattern would permit construction on smaller lots. Mr. Delk said the change is key to a turnaround in Council Work Session 2007-04-30 5 development on Clearwater beach by encouraging mid-priced, mid-sized hotels with 100 to 120 rooms. He said substantial increases in density can be done within current height restraints, with comfortable levels of mass and scale. Consensus was to support the PPC proposal, while requesting additional density. Other Council Action Squad 49 Concern was expressed regarding proposed budget cuts affecting department efficiency. In response to a question, Fire Chief Jamie Geer said airpacks currently are refilled onsite by Squad 49 or at the fire station. If the unit is eliminated, airpacks would have to be refilled at headquarters or via mutual aid assistance. Fire Chief Geer said Squad 49 refills airpacks on scene approximately three times a month. Another unit could tow the equipment to refill airpacks. He said it is preferable to decommission this squad rather than a rescue or pumper unit. It was noted that cuts to public safety are difficult and it was recommended that the City err on the side of safety. Adjourn The meeting adjourned at 4:53 p.m. Council Work Session 2007-04-30 6