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07/16/2007 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER July 16, 2007 Present: Frank Hibbard Mayor John Doran Vice-Mayor George N. Cretekos Councilmember Paul Gibson Councilmember Absent: Carlen Petersen 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 – departed 4:05 p.m. Brenda K. Moses Board Reporter – arrived 4: 15 p.m. 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. Presentations Service Awards Five service awards were presented to City employees. Mike Ralph, Library, was presented the July 2007 Employee of the Month award. The Bimonthly Team Award for July-August 2007 was presented to the Cultural Affairs Team – Parks & Recreation Department: Margo Wabolt, Chris Hubbard, Elizabeth Minor, and Marsha Beall. Supervisory Certificates Certificates were presented to John Memmer, Bonnie Potter, Allie Stewart, and Clement Vericker. High & Dry Multi-Site Feasibility Study Presentation by Wade Trim David Gildersleeve, of Wade Trim, provided a PowerPoint review of the High & Dry multi-site feasibility study. The study was funded by a $54,000 grant. Site study areas included the Seminole Boat Ramp, Jack Russell Stadium, and Stevenson Creek. The purpose of the study was a preliminary analysis of: 1) land ownership patterns; 2) land use, zoning, and code provisions; 3) environmental constraints; 4) approved projects in the area of each site; 5) impact on roadway system; 6) infrastructure availability; 7) neighborhood compatibility/perception Council Work Session 2007-07-16 1 issues; 8) programmed uses for the site; 9) recommend preferred site; 10) order magnitude pre- design construction cost estimate; 11) estimated annual operations and maintenance costs; and 12) estimated schedule. Study assumptions: 1) add approximately 250 to 300 high and dry storage spaces accessible; 2) provide trailer parking, limited marine service, utilities, and landscaping; 3) serve storage needs of vessels 35 feet or less; 4) be sensitive to existing and projected development; 5) architecture of building to complement surrounding neighborhood; 6) consider using “green building” techniques; and 7) enclosed building preferred. Mr. Gildersleeve recommended the Seminole Boat Ramp and reviewed conceptual site plan options: 1) Option 1 – Francis Wilson Playhouse remains. Four-story H&D (High & Dry Storage) with 300 Boat Spaces, 155 Car/Trailer Spaces (74 in the H&D), and 55 Car Only Spaces; 2) Option 2 – Building orientation changes. Francis Wilson Playhouse remains. Four- story H&D with 300 Boat Spaces, 135 Car/Trailer Spaces (74 in the H&D), and 55 Car Only Spaces; 3) Option 3 –Two four-story H&D with 300 Boat Spaces, 135 Car/Trailer Spaces (76 in the H&D), and 70 Car Only Spaces. Site is constrained and costs are high; 4) Option 4 – Two four-story H&D with 300 Boat Spaces, 186 Car/Trailer Spaces (76 in the H&D), and 55 Car Only Spaces. Francis Wilson parking lot is used and use of playhouse in future is assumed. Mr. Gildersleeve said Francis Wilson has a long-term lease on that facility and the Francis Wilson group has expressed interest in a new site; 5) Option 5 includes Francis Wilson parking lot – Four-story H&D with 300 Boat Spaces, 172 Car/Trailer Spaces (74 in the H&D), and 95 Car Only Spaces; and 6) Option 6 – Locates the four-story H&D onto the Francis Wilson property, replacing the playhouse, with 300 Boat Spaces, 205 Car/Trailer Spaces (74 in the H&D), and 60 Car Only Spaces. Design would cause pedestrian problems. Planning, regulation, and permits approval include: 1) Zoned District D “downtown” – meet Downtown Design Guidelines for Old Bay District; 2) Downtown Redevelopment Plan calls for improvement of Seminole Launching Facility as waterfront access; 3) Requires Community Development Board approval; 4) Must comply with Marina Standards of Community Development Code; and 5) County, State, and Federal permits. The 2007 Preliminary Order of Magnitude Cost Estimates: H&D, green roof, and site improvements $7,575,000 (Conventional facility assuming 300 boat spaces at $31,780 each) Equipment $ 716,000 Contingency (15%) $1,243,000 Total Estimated Cost $9,534,000 Estimated project schedule: 1) July 2007 - City Council site selection; 2) June 2008 – Phase II (study); 3) July 2008 – City Council review; and 4) August 2008 – February 2010 – Final design, permitting, and construction. In response to questions, Marine & Aviation Director Bill Morris said Seminole Boat Dock has 135-boat trailer and 50 car spaces. Approximately 40% of current users are City residents. Mr. Gildersleeve recommended Options two or five, and developing the Francis Wilson site in Council Work Session 2007-07-16 2 the future. He recommended the project be phased, and estimated the remaining study would cost $100,000. Mr. Gildersleeve estimated that project costs would increase 4% to 7% annually. Discussion ensued. Consensus was to table this item to a date uncertain, following completion of the downtown boat docks unless a private partner steps forward. The meeting recessed from 2:21 to 2:31 p.m. to meet as the Pension Trustees. Marine and Aviation Authorize Supplemental Agreement 2 to an existing JPA with the FDOT for modifications to the Fixed Base Operation (FBO) Building at Clearwater Airpark, increasing Department (FDOT)funding by $200,000 and Agency (City of Clearwater) funding by $50,000 for a total of $250,000 and adopt Resolution 07-03. The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding for modifications to the FBO (Fixed Base Operator) Building at Clearwater Airpark, 1000 North Hercules Avenue by $250,000, including renovating the sewer system and the remediation of contaminated groundwater. FDOT will contribute $200,000 (80%) of the increase and the City will provide the remaining $50,000 (20%). The City’s portion will be provided by transferring $50,000 from the Central Insurance Fund unappropriated reserves. A third quarter budget amendment will recognize the budget transfer and the $200,000 grant to establish the project. This project will improve maintenance by connecting the building to the city's sewer system as opposed to the current failing septic tank/leech field system. The current system, left over from the old building on this site, requires monthly pump outs to remain operational. The estimated cost of the sewer line installation is $60,000. This FDOT grant also will assist in the biological remediation of contaminated groundwater at the site of the former airpark "fuel farm." A spill at this site in 2002 led to the removal and replacement of 310 tons of soil and expedited the removal of the existing underground fuel tanks and its replacement with above ground tanks at a new location on the airpark. The former fuel farm site has been monitored since the 2002 remediation effort. The Pinellas County Health Department requested submittal of a Remedial Action Plan (RAP) in correspondence dated April 15, 2007, which will require additional clean up. The current proposed cost of bio-remediation is $113,000. In response to questions, Marine & Aviation Director Bill Morris said the FBO (Fixed Base Operator) was responsible for the 2002 spill and paid initial clean-up costs. Staff is working with the FBO regarding additional costs. Parks and Recreation Approve soliciting a Request for Proposal (RFP 28-07) for the operation, maintenance and programming of various City recreation facilities from qualified organizations. Council Work Session 2007-07-16 3 During preliminary budget discussions, the City Council directed staff to look into the possibility of having a third party provide the operation, maintenance and programming of the North Greenwood Recreation and Aquatics Complex (NGRAC) as a way of reducing the City budget. The City Council further directed staff at their work session on June 4, 2007, to expand the RFP (Request for Proposals) to include all or a portion of the City’s recreation complexes. Staff has prepared a RFP for this purpose and is seeking Council approval to move forward with the RFP in order to determine if this is in fact a feasible alternative to reduce the budget at any or all of the sites included in the RFP. Sites included are North Greenwood Recreation and Aquatics Complex, Ross Norton Recreation and Aquatics Complex, Countryside Recreation Center, The Long Center, Morningside Recreation Complex, and Clearwater Beach Recreation Complex. Section 2.015(V) of the City Charter provides that recreation/open space property may only be leased for an existing use. The property may not be otherwise transferred without a referendum. In effect, the new operator would be required to “step into the City’s shoes” to operate the complex(es). The RFP is written in such a way that requires all eligible applicants to cover all costs associated with the operation, maintenance and programming of the complex with the following exceptions: 1) The City will maintain a Capital Improvement Program (CIP) to make major capital repairs to the buildings i.e. air conditioners, roof resurfacing/replacement, pool marciting, etc. and 2) The City will provide property insurance to cover the building, structures and contents of the buildings. The successful applicant will need to have the ability to provide access to the general public. It is recommended that the fee structure be similar to existing City fees however, the successful applicant may adjust fees within reason to make the agreement work. It is staff’s recommendation that the proposer maintain its own liability insurance policy. The City, as a public entity, is protected by sovereign immunity to the extent permitted by law. The Florida Supreme Court has found a waiver of that immunity when a municipality indemnifies a private party under contract, thereby contracting away its immunity. As such, there would likely be an increase in exposure to the City, not only in the number of claims, but also in the dollar amount of settlements, if the City opted to provide liability insurance on behalf of a third party recreation center operator/manager. Some of the areas the applicant will be evaluated on are as follows: 1) Successful experience in Pinellas County providing recreation programs at a large facility; 2) Successful experience managing and financing a large recreation facility with an operating budget in excess of $500,000; 3) Results from references; 4) Proven financial stability and ability to fund operations of this size and scope without City assistance; 5) Longevity of applicant providing these services; and 6) Ability to partner with public and private sector and proven ability to raise funds to support operations. If approved, the RFP will be released on July 23, 2007, with recommendations back to the Council for final consideration, approval and presentation on October 4, 2007, with a start date for the lease to the successful applicant(s) beginning January 1, 2008. In response to questions, Parks & Recreation Director Kevin Dunbar said allowing faith- based organization to run the City’s recreation facilities would create challenges. Operators would have some flexibility in programming. The City Attorney said fees could increase if the current use does not change and the City Council is comfortable with the increases. Council Work Session 2007-07-16 4 Discussion ensued. It was felt that only by issuing the RFP can the City determine if outsourcing recreation operations is possible. Consensus was to proceed with the RFP. Engineering Approve a First Amendment to a Land Lease Agreement dated July 26, 1995, with Crown Castle GT Company, LLC (successor in interest to GTE Mobilnet of Tampa, Inc.) for city-owned land in the Southeast ¼ of Sec. 21-28-16, granting options to extend for up to two additional five year terms, with annual rent of $20,400 plus a percentage of collocation revenues Crown receives from sub-tenants, the rent being adjusted annually by the CPI and authorize the appropriate officials to execute same. (consent) The initial 1995 five-year Land Lease Agreement with GTE Mobilnet of Tampa, Inc. created the lease of a 5525 square-foot parcel adjacent to the City radio tower at the Northeast Water Pollution Control facility at 3200 State Road 580, together with an Access Easement thereto, for Tenant construction of a 150-foot monopole telecommunications tower. The Lease provided the Tenant with the option of extending the term for up to three additional 5-year terms ending July 31, 2015, so long as the Tenant was not in default under the Lease. Initial annual rent was $9600 and adjusted a minimum of 3%, maximum of 5%, annually indexed to the CPI. Present annual rent through July 31, 2007 is $13,516.68. In October 2007, a Crown Castle representative contacted the City, requesting additional options to extend the Lease up to the maximum 30 years provided by the City Charter. The City hired Steel In The Air, Inc., a Fort Myers telecommunications consulting firm, to assess the current market value of the Lease and make revenue recommendation for the City agreeing to additional extension options. The consultant's recommendation was that the City seek annual rent of between $1,500 and $1,700 per month, plus 30% revenue sharing of any co-location installations sublet to other telecommunications providers beyond the two already established on the tower. The subject Amendment requires that annual rent adjust to $20,400 effective August 1, 2007, equivalent to $1,700 per month, plus 25% of the gross collocation revenue Crown presently receives from T-Mobile, one of two existing sub-tenants, plus 30% of revenue generated by any future collocation tenants. The annual rent will continue to adjust with the CPI throughout all extensions. In consideration of the rent adjustment, the Amendment grants Crown Castle two 5-year options that would extend the Lease to July 31, 2025, the maximum term provided by the Charter. The Amendment also requires the City to provide the Tenant with one year Notice should it wish to terminate the Lease pursuant to the recapture provision of the City Charter. Upon recapture, the City agrees to reimburse Crown 100% of the rent it receives during the present term that ends July 31, 2010, 75% of rent received if termination occurs during the third lease extension commencing August 1, 2010, 50% of rent received if terminated in the succeeding extension, and 25% of the rent received if terminated during the final 5-year extension. The City also agrees not to lease the subject parcel to another telecommunications tower operator for five years following termination. Council Work Session 2007-07-16 5 In response to questions, City Engineer Mike Quillen said the City had paid the consultant $1,800. As the usage differs, the rental fee is not the same as what Alltel is charged. Concern was expressed that the contract includes a non-compete clause following termination. Staff will provide information on tower height provisions and detail the calculation of recapture and renewal provisions. Award contracts to Concrete Conservation, Inc. of Jacksonville, FL, in the amount of $103,000 for Sanitary Manhole Rehabilitation and Rowland Inc. of Pinellas Park, FL in the amount of $616,500 for Sanitary Sewer and Force main Emergency Repair which are the lowest responsible bids received in accordance with the contract document of the 2007 Sanitary Sewer and Manhole Rehabilitation Project (07-015-UT); and that the appropriate officials be authorized to execute same. (consent) Item pulled by staff. Official Records and Legislative Services Reappoint Allen Weatherilt to the Parks and Recreation Advisory Board with the term expiring on July 31, 2011. (consent) Consensus was to reappoint Allen Weatherilt. Appoint Lois Sewell as the Clearwater Sister Cities, Inc. representative to the Sister Cities Advisory Board with the term expiring on July 31, 2011. (consent) Consensus was to appoint Lois Sewell. City Manager Verbal Reports Update on accelerating Traffic Calming projects and interim project on Stewart Boulevard. Traffic Operations Manager Paul Bertels said polling of Morningside residents had reached the 65% threshold in support of a temporary traffic-calming project. Work will begin within a month of approval. City Engineer Mike Quillen reported the City has sufficient gasoline tax funds to construct the Skycrest project. The Morningside and Wood Valley projects will be funded from other sources. Consensus was for staff to bring forward an agenda item for the Skycrest, Wood Valley, and Morningside traffic-calming projects with funding sources detailed. Council Discussion Items The meeting recessed from 4:05 to 4:15 p.m. Adopt a proposed millage rate of 4.6826 mills for fiscal year 2007/08 and set public hearing dates on the budget for September 6, 2007 and September 20, 2007 to be held no earlier than 6:00 p.m. Council Work Session 2007-07-16 6 In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a proposed millage rate prior to finalizing and adopting the budget. This information must be provided to the Property Appraiser by July 27, 2007. The Property Appraiser must include this proposed millage rate and public hearing dates on the TRIM bill notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing to each taxpayer at the expense of the City, not less than 10 days and not more than 15 days before the final public hearing. The City Manager's recommended millage rate is 4.6826 mills, the maximum rate established by HB 1B, the Property Tax Reduction and Reform Law, which amended the method of establishing the millage rate for local governments. The millage rate of 4.6826 mills represents 93% of the rolled-back millage rate of 5.0351 mills. The rolled-back rate is the millage rate that will provide the same property tax revenue as was levied the prior year. If the recommended rate of 4.6826 mills is adopted, the City's ordinance adopting the millage rate will reflect a 7% decrease from the rolled-back rate of 5.0351 mills. Under the guidelines of the law, options for establishing the millage rate and an estimated impact on the 2008/09 property tax proceeds is attached. Other options for setting the millage rate are noted below. 4.6826 mills or less - Majority vote 5.0351 rolled-back rate - 2/3 vote 5.2088 mills or higher (current rate) - unanimous vote and referendum Tax proceeds for 2007/08 based upon the recommended rate of 4.6826 mills will be $50,147,600, in comparison to the $47,120,600 outlined in the preliminary budget, a difference of $3,027,000. Budget Director Tina Wilson reviewed the preliminary budget and proposed reductions. Ms. Wilson said the proposed millage rate meets legislative direction. Discussion ensued with concerns that State legislation created disincentives for additional cuts that might hurt the City in the future and did not provide relief to residents who need it. Beach Library and Recreation Center Discussion ensued regarding combining the Beach Library and Recreation Center. Suggestions were made to review staffing levels and volunteer recruitment. Neighborhood Services Development Services Director Jeff Kronschnabl reviewed the Neighborhood Services program. In response to questions regarding visibility in neighborhoods, Mr. Kronschnabl said staff is now more involved with behind the scene efforts. Council Work Session 2007-07-16 7 Neighborhood Services Manager Rebecca Melendez said many neighborhoods only meet a few times a year. Staff meets with neighborhood leaders prior to meetings, discuss issues, and builds relationships and partnerships in the community. Officer Friendly Program Police Chief Sid Klein reported that Pinellas County School Superintendent Clayton Wilcox had indicated that the School Board is willing to fund one SRO (School Resource Officer) or consider a 60:40 cost share. The board has proposed to have school monitors replace SROs at Oak Grove or JFK Middle Schools. The Sheriff will assign officers only in its jurisdiction. Chief Klein supported assigning SROs to middle schools. Consensus was to revisit this issue. Morningside Recreation Center It was recommended that the City honor its promise to use Penny for Pinellas 2 funds to replace the Morningside Recreation Center. While support was expressed for adding an indoor gymnasium to the facility, it also was felt that it could be added later. Discussion ensued. Consensus was to keep Morningside Recreation Center open. North Greenwood Recreation Center In response to questions, Parks & Recreation Department Director Kevin Dunbar said nonresidents pay higher fees than residents. North County residents pay nonresident fees plus fees to participate in sporting events. If youth program fees increase, he said many teams may cease to exist. Staff is considering reduced hours at facilities with higher demand during afternoons and evenings, such as Ross Norton and North Greenwood. Consensus was to keep North Greenwood Recreation Center open and wait for RFP (Request for Proposal) responses. Staff directed to provide Parks & Recreation fee structure and playpass revenue totals. Cash Contributions to Outside Agencies Jolley Trolley Discussion ensued with comments that the Jolley Trolley provides an important public service but needs to become more self-sufficient. Staff will contact Jolley Trolley regarding needed office space. PACT Consensus was to fund PACT with $491,950. Sunsets at Pier 60 Council Work Session 2007-07-16 8 Consensus was to fund Sunsets at Pier 60 with $25,000. In response to a suggestion that the City reduce funding to all outside agencies by 7%, concern was expressed that the cuts would not be equitable. Florida Orchestra Consensus was to reduce the contribution from $50,000 to $30,000. Jazz Holiday Consensus was to fund Jazz Holiday with $27,500. Clearwater Community Chorus Consensus was to fund the Clearwater Community Chorus with $20,000. North Greenwood Mayfest Consensus was to fund North Greenwood Mayfest with $2,500. Martin Luther King Jr. March & Rally Consensus was to fund the Martin Luther King Jr. March and Rally with $5,000. African-American Heritage Celebration Consensus was to fund African-American Heritage Celebration with $5,000. Chocolate Nutcracker Consensus was to fund the Chocolate Nutcracker with $5,000. African-American Leadership Council (AALC) Consensus was to fund the AALC with $100,000. Festival of Trees Consensus was to fund the Festival of Trees with $12,500. (CHIP) Clearwater Homeless Intervention Program Consensus was to fund CHIP with $100,000. City of Clearwater Events Clearwater Celebrates 4th of July Council Work Session 2007-07-16 9 Consensus was to maintain funding level. Fun ‘n Sun It was suggested the Fun ‘n Sun event be reduced to two weeks, and to focus on the Smooth Jazz on the Bay concert as interest in the parade has waned. Consensus was to reduce Fun ‘n Sun funding from $35,000 to $25,000. Other Post Employment Benefits (OPEB) Finance Director Margie Simmons said GASB (Governmental Accounting Standards Board) 45 requires governments to accrue a liability on their financial statements for OPEB (Other Post-Employment Benefits) provided to retirees in addition to pension benefits. Implementation is spread over several years. Clearwater will be required to implement in FY 2008. Options to consider: 1) Record OPEB liability only and continue on a pay-as-you-go basis; 2) Fund liability by setting aside money in reserves. The investment return assumption for these types of funds likely will be based on the government’s return on its general investments compared to higher investment return assumptions used by pension trust funds; and 3) Undertake funding program, using irrevocable OPEB Trust. The advantage of funding an irrevocable trust is the power of earnings and a higher investment return assumption used to calculate OPEB liability. Staff recommends the pay-as-you-go option. In response to questions, Ms. Simmons said the City could set aside $1.8 million instead of $2 million if the funds are put in reserves. If placed in an irrevocable trust, the set aside would approximate $1.2 million. She said most municipalities are not funding implicit subsidies and are scrambling to come up with the funds. Consensus was to not fund the liability at this time. Request from Pinellas County Coalition for Homeless – $20,000 Consensus was to fund the Pinellas County Coalition for the Homeless with $20,000. Discussion of Proposed Millage Rate Ms. Wilson will update the Council at the July 25, 2007 Work Session regarding the $1,765,000 added back to the budget. Other Council Action Councilmember Cretekos questioned when agencies will address the Council. The Mayor said they need to be invited. Adjourn The meeting adjourned at 7:51 p.m. Council Work Session 2007-07-16 10