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CITY COMMISSION MEETING
April 4, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Monday, April 4, 1994 at 9:05 a.m., with the following members present:
Rita Garvey
Arthur X. Deegan, II
Richard Fitzgerald
Sue A. Berfield
Fred A. Thomas
Mayor/Commissioner
Vice-Mayor /Commissi oner
Commissioner
Commissioner
Commissioner
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
M.A. Galbraith, Jr.
Peter J. Yauch
Scott Shuford
Cynthia E. Goudeau
Interim City Manager
Deputy City Manager
Acting Assistant City Manager
City Attorney
Acting Public Works Director
Central Permitting Director
City Clerk
The Mayor called the meeting to order.
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In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM # 1 - Service Awards
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The March 1994 Employee of the Month Award was presented to David Crump of
the Public Works Department.
The Commission recessed from 9:09 to 9:38 a.m. to meet as the Community
Redevelopment Agency.
ITEM #2 - Approval of Minutes
Commissioner Fitzgerald moved to approve the minutes of the regular meeting of
January 18, 1994, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
Commissioner Deegan moved to approve the minutes of the regular meeting of
January 20, 1994, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
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Commissioner Berfield noted on page 40; section E, 2nd paragraph, last sentence
"the" should read "the City." Commissioner Berfield moved to approve the minutes of the
regular meeting of January 31, 1994, as corrected. The motion was duly seconded and
carried unanimously.
Commissioner Deegan moved to approve the minutes of the special meeting of
February 7, 1994, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded.
Commissioner Deegan moved to approve the minutes of the regular meeting of
February 14, 1994, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded. Upon the vote being taken, the
motion carried unanimously.
Commissioner Thomas moved to continue approval of the February 28, 1994,
minutes. The motion was duly seconded and carried unanimously.
ITEM #3 - Budqet Advisorv Committee (BAC) quarterlv meeting - Members Bob Wright,
Dan Moran and Louise Riley attending.
The Budget Advisory Committee (BAC) submitted a report that includes the
recommendations it has made since the last meeting with the Commission as well as its
proposed n,ission statement, objectives and procedures.
The BAC's recommendations are as follows:
City Commission Salaries - salary increases be funded by a specific, identified
mechanism. Next year's Charter Review Committee should recommend an appropriate
adjustment and base annual increases on the general salary adjustments provided City
employees.
Funding New Programs - funding for all new programs come from specific,
identified, funding mechanisms.
City Hall Project - a report that includes an analysis of the new City Hall's operating
costs and estimated savings from existing facilities be made available to BAC and the
public.
Mission Statement and Objectives - submitted to the City Commission (See
Exhibit A to these minutes).
Library Cooperative - against joining the Pinellas County Library Cooperative
because of costs, a projected increase of transactions at the Countryside and East
branches, and a reduced incentive for local cities to improve library services.
Budget Concerns for FY '94-'95 Budget - 1) upcoming labor negotiations; 2) the
Pension Fund; 3) incentive plans for employees; 4) paid leave for employees; 5)
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department incentives; 6) the Community Consensus project; 7) the Recycling Program; 8)
privatization of City Services; 9) a new Police Headquarters; 10) the City Hall project; and
11) the budget process.
Recycling Program - will present an annual pro(1ress report to the Commission
regarding the Recycling Fund contract, the proformas, goals, and objectives.
Commissioner Deegan noted the recommendations listed overlapped previous
discussions that had been held. Mr. Wright indicated they considered the City Hall issue
now a moot point. However, Mayor Garvey felt the Budget Advisory Committee's
recommendations regarding City Hall had been educational for the public.
Mr. Wright expressed concerns regarding forecasted shortfalls for the next three
years and felt the SAC should be more involved in the budget process. He said there
needed to be a careful review of personnel costs and a plan developed to right size the
government. Ms. Deptula indicated direction had been received from the Commission at
the Strategic Planning Session.
Commissioner Deegan questioned how Mr. Wright would recommend the SAC be
more involved. Mr _ Wright indicated that he felt the SAC should be receiving information
on major changes and expressed concern that in the past no budget information had been
provided to the committee until the preliminary budget had been published on July 1. He
felt more information could be provided to them while the budget is being put together.
Tina Wilson, Budget Manager, indicated she is trying to get information to the SAC in a
more timely manner.
Commissioner Thomas Questioned if there was a way the SAC could be provided
budget information as it is submitted by the various departments. Ms. Deptula indicated
she would be reluctant to provide this prior to her seeing the budget requests as a whole.
She suggested that she attend BAC meetings and provide them with status reports.
Regarding the SAC being involved in special projects, Commissioner Deegan pointed
out that they will be monitoring the recycling program. He also suggested the possibility
that the SAC look at the Indianapolis or take-home car plan for the Police Department. Mr.
Wright said they have received information but it has not been discussed. He felt this was
an item in which the SAC should be involved.
Commissioner Deegan stated he would like to caution the Commission and
Committee that the situation not return to the point where the BAC is only assigned one
issue to review and did not see the whole budget.
He recommended a change to the first objective under the BAC's proposed Mission
Statement. The first objective currently reads, "To make recommendations to the City
Commission to reduce expenditures through efficiency without affecting level of services
to citizens." He suggested it read, liTo make recommendations to the City Commission to
control expenditures through efficiency while providing an appropriate level of services to
citizens." The consensus was to make this change.
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Under procedures, Commissioner Deegan questioned the term of the BAC's
members that currently they propose to read, "term in office shall run concurrent with
Commissioner's term." He suggested "but not more than four years" be added. It was
indicated that other advisory committees have an eight year term limitation as they are
allowed to serve two full terms. It was agreed that the phrase, "shall not exceed two full
terms," be added to this sentence.
Commissioner Deegan questioned the statement that BAC members were eligible to
be appointed to other boards. The City Clerk explained this is a policy of the City
Commission as the BAC is not a committee established by City Ordinance.
Concerns were raised regarding a proposal that if a vacancy is not filled by the
appointing Commissioner within one month of notification of the vacancy, the Mayor
would have the authority to fill that position. There were concerns that one month might
not allow enough time for the Commissioner to locate an appropriate candidate. It was
the consensus to change this to two months.
Commissioner Berfield questioned whether or not the BAC would look at ways to
enhance revenues and not just at ways to reduce expenses. It was indicated they would.
Mr. Wright expressed concerns regarding the City being stymied by the State
Legislature and the County regarding the annexation of enclaves. Commissioner Thomas
indicated legal research is being done about what incentive can be provided for
annexation.
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Mr. Wright also expressed concerns regarding the number of City owned properties
and he felt properties should be placed back on the tax rolls. It was indicated this is being
looked into by City staff.
Commissioner Thomas stated he would like the BAC to aggressively pursue ways
to increase revenue.
As a side issues, Member Riley questioned if the City had a board of health. It was
indicated that the County has this responsibility. She requested information regarding
dress codes for food handlers.
Ms. Riley expressed concerns that she felt the BAC needed more guidance from the
City Commission. Commissioner Thomas stated he felt the Commission needed the BAC's
recommendations regarding controls of expenditures and increased revenues.
Ms. Riley expressed concerns that information is provided to them but they do not
have the ability to go to it in depth.
Ms. Deptula stated the BAC has much more influence than they realize. When a
department is aware the BAC is reviewing a portion of their operation, the department
looks at that operation more in depth than they would normally.
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Ms. Riley requested that the SAC be provided information ahead of time to provide
them the opportunity to do additional research on their own.
Mayor Garvey thanked the SAC members for their time and effort. She questioned
whether or not the item regarding the take-home car policy on today's agenda should be
continued. Commissioner Deegan stated he felt it was to be only discussed today with no
formal decision.
Ms. Deptula indicated a decision will be requested regarding whether or not they
are to go ahead in order to take the issue to the BAC. It was agreed that the take-home
car policy issue would be reviewed by the BAC before a final determination is made.
Commissioner Thomas moved to approve the Budget Advisory Committee's Mission
Statement with the amendments agreed to regarding changing the first objective to read,
"to make recommendations to the City Commission to control expenditures through
efficiency while providing an appropriate level of services to citizens," limiting the terms to
two full terms, and providing if a vacancy is not filled within two months, the Mayor
would appoint. The motion was duly seconded and carried unanimously.
The Commission recessed from 10:25 to 10:35 a.m.
ITEM #4 - Citizens to be heard re items not on the AQenda
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Jay Elliott requested a response to his charges that Mayor Garvey was involved in a
cover up regarding his rehabilitation project. A response was being prepared. She noted
Mr. Elliott's charge of coverup is not a legal charge but an opinion.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #5-16) . Approved as submitted. Less items 9 and 1 4.
ITEM #5 - Extension of contract for paging service with Pac-Tel PaQing, St. Petersburg, FL,
for the period 04/01/94-03/31/95, at an estimated $13,833 (AS)
ITEM #7 - Purchase of gas meters & reQulators from: Schlumberger Industries, Owenton,
KY, at an estimated $83,468; Equipment Controls Co., Norcross, GA, at an estimated
$20,332; Precision Meter Repair Inc., Plant City, FL, at an estimated $13,200; Romet
International Ltd., Missisauga, Ontario, Canada, at an estimated $4,091; Fisher Controls
International, Inc., c/o Key Controls Inc., Tampa, FL, at an estimated $25,644; National
Meter Parts Inc., Lancaster, OH, at an estimated $2,544, for the period 04-/05/94-
04/04/95, for a total estimated $149,279 (GAS)
ITEM #6 - Contract for lot mowing and debris removal to Interbav Landscape Services,
Clearwater, FL, for the period 04/11/94-04/10/95, for $49,000 (CRT)
ITEM #8 - Rescind action taken on #7 of 02/28/94 aQenda re purchase of two
Peterbilt/Heil vehicles for $238,400; Purchase of two Peterbilt/E-Z Pack front-loading
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refuse vehicles from Peterbilt of Central Florida, Winter Garden, FL, for $237,800;
financing to be provided under city's master lease-purchase agreement with Security
Capital Corp. (GS)
ITEM #9 - See oaQe 6.
ITEM #10 - C.O.1I1 to 1993 Street Resurfacinq Contra ct to R.E. Purcell Construction Co.,
Inc., Odessa, FL, increasing amount by $18,980 for a new total of $1,179,845 (PW)
ITEM #11 - Ratifv/Confirm award of contract for SR 5S0, Utilitv Conflict Boxes to FDOT,
for $13,500 (PW)
ITEM #12 - Purchase of aluminum sulfate (Iiauid aluml for the WPC Division from General
Chemical, Parsi ppany, NJ, for the period 04/08/94-02/28/95, at an estimated $ 59,358
(PW)
ITEM #13 - Purchase of sulfur dio:xide for WPC Divisiol1 from PB&S Chemical Co., for the
period 04/08/94.02/28/95, at an estimated $57,600 (PW)
ITEM #14 - See paqe 7.
ITEM #15 - Extension of contract for purchase of appr~ximately 2,300 gO-gallon refuse
containers with Reuter Manufacturing, Inc., Hopkins, N1N, for the period 04/01/94-
03/31/95, at an estimated $126,454 and miscellaneolJs spare parts at an estimated
$23,546, for an estimated total of $150,000 (PW)
ITEM #16 - Sanitary sewer lien aQreement - 2670 3rd Avenue North, Easterly 30 feet of
lots 5 & 22, all of Lots 6 & 21, and the Westerly 25 feet of Lots 7 & 20, Block 47, Unit
1, Section "A," Chautauqua on the Lake (Allen) (CA)
Commissioner Berfield moved to approve the Cc:msent Agenda as submitted less
Items 9 &. 14 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM #9 - C.O. #1 to Marina Buildino Improvements Contract (CIP 31 5-93483) to
Anderson & Birchard Desiqn/Build Group, Inc., Semin()le, FL, increasing the amount by
$23,315 for a new total of $98,188; approve transfer of $23,315 from unappropriated
retained earnings of marina fund into CI P 315-93483 (MR)
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The Marina Building Improvement contract at a cost of $74,873 was awarded on
August 11, 1 993. Fowler Associates Architects, Inc. did the design work for the building
improvements and monitored the contractor's work. Labor on the project began in
September 1993 with completion estimated for DecelTlber 1993. Work was stopped in
October 1993, when the City determined the contract or had penetrated the roof
membrane that was under a 20 year warranty.
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This change order will modify the contract by exchanging the roofing profile,
deleting low profile metal roofing, and adding flashing and exterior coatings. Had the extra
labor necessary to preserve the integrity of the roof warranty been included in the original
contract, the original contract cost would have risen by $24,000 to $98,873.
Commissioner Deegan questioned if negligence caused the roof membrane to be
penetrated. He questioned if the City would bear the entire repair cost.
Harbormaster Bill Held said Mr. Fowler thought the roof penetrations would be
acceptable to the warranty company. As soon as the City determined the warranty was
jeopardized, work was discontinued. Discussion ensued with the warranty company,
architect, and contractor to develop an acceptable change order. There was no
negligence.
Commissioner Fitzgerald asked if the design architect was negligent. Mr. Held
explained Mr. Fowler thought the design would not risk the warranty. Commissioner
Fitzgerald questioned if the warranty should have been checked. Mr. Held said the
warranty company advised the City they had spoken by phone with Mr. Fowler before the
project started, however, Mr. Fowler does not recall speaking with them.
William Baker, Acting Assistant City Manager, agreed there was miscommunication.
He noted the architect would have designed the more expensive plan now presented had
he been aware of the warranty problems. The architect did not charge for his redesign or
extra work.
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warranty is not threatened for the remainder of its term. Mr. Fowler said the roofing
manufacturer sent a fax to him with a sign off that the new detail was approved.
Mr. Held explained the change includes the deletion of the low profile roof on the
second floor. The new railings in its place are very attractive. Original plans for one coat
of stain proved inadequate to maintain the building's color. The change order includes the
application of sealant and two coats of stain.
Mr. Held said the project to lay new sea wall sidewalks utilizing the Mandalay
Avenue design was 95% complete. Tripping hazards were reduced.
Commissioner Thomas asked if the City routinely pressure cleans bird droppings
from sidewalks. Mr. Held said a pressure cleaner is being purchased for Pier 60 and a
maintenance program will be scheduled. Commissioner Thomas suggested other marina
areas be included in the maintenance schedule.
Commissioner Deegan moved to approve Change Order #1 to the Marine Building
Improvement Contract. The motion was duly seconded and carried unanimously.
ITEM # 14 - Three year lease aqreement with Head Start Child Develooment and Familv
Services, Inc., for city owned property, commonly known as 701 N. Missouri Ave., in
Blks. B & C of New Country Club Addition, for $1 (PW)
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~, Ms. Deptula requested this item be continued until staff could respond to questions
~' ,>~ asked by Commissioner Thomas.
Commissioner Thomas moved to continue Item #14 until April 18, 1994. The
motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT - none
ITEM #17 - Neighborhood Advisory Committee - removal (ClK)
Mayor Garvey thought removal was automatic. Cynthia Goudeau, City Clerk, said
at one time, the City Manager was responsible for removing members due to excess
absences. When the Commission changed the Advisory Board Code, this responsibility
was transferred to the appointing authority.
It was the consensus of the Commission that the City Manager should be
responsible for determining removal. Commissioner Thomas recommended reviewing
extenuating circumstances. Mayor Garvey suggested if members cannot serve, they
should step aside for those with adequate time. Ms. Goudeau pointed out the code would
need to be amended. Staff was directed to prepare the appropriate ordinance.
Commissioner Thomas moved to remove Richard Kinseher from membership on the
Neighborhood Advisory Committee_ l"he motion was duly seconded and carried
unanimously.
(a.~: ' ITEM #18 - Historic Preservation Board - 2 appointments (ClK)
Commissioner Berfield moved to reappoint Jean Stuart. The motion was duly
seconded and carried unanimously.
Commissioner Deegan moved to appoint Vito Resta. The motion was duly
seconded and carried unanimously.
ITEM #19 - Other Pending Matters
a) Take Home Car Policy
In May 1993, the Commission directed the former City Manager to provide an in-
depth review of the feasibility of adopting a take-home vehicle plan commonly referred to
as the" Indianapolis Plan." Chief Klein was also instructed to examine an alternate
program that appointed two officers to a vehicle. This was implemented in the west patrol
district on an experimental basis in May, 1993.
Chief Klein provided an overview of the preliminary report. He stated there is still a
lot of work to do. If the City Commission directs staff to proceed, the issue will be taken
to the BAC.
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Chief Klein said he supports the take home car plan as it will result in an effective
r>" operation. He reviewed the key points regarding his support of the plan: 1) Although initial
capital are higher, the total program costs are reduced due to reduced maintenance costs
offsetting the capital outlay; 2) Having one officer assigned to the car allows the officer to
store equipment in the vehicle reducing delays in beginning and ending shifts. It is
estimated this would save approximately $157,950 a year in staff time. It also allows for
smoother shift transitions; 3) Before and after shift changes, there would be additional
marked police cars on the roads increasing visibility to the public; 4) A take-home car plan
addresses the Community Consensus Survey that places an emphasis on greater
effectiveness, higher visibility in neighborhoods, and enhanced response time of the police
department; 5) The plan would provide the ability to fully deploy patrol units in the event
of a natural disaster or other emergency situation; 6) Maintenance would be completed in
a timely manner as the officers would be cognizant of the proper care of their vehiclps and
there would be accountability for the vehicle; 7) When a take-home car is out of service,
only one shift loses the vehicle versus three, under the current plan; and B) Agencies with
a take-home car plan report the single user vehicles did last longer.
He reported that currently the recommendation is that only sworn officers living
within the City limits of Clearwater have a take-home car. He also reported that the
experiment in the West District, where two individuals are assigned to one car, has
resulted in lower costs. However, there has not been enough time in the experiment to
provide a full accurate report.
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He stated there are still policy issues to be decided regarding such things as who
will participate in the program, how the vehicle will be allowed to be used, maintenance
questions, such as who will provide minor routine maintenance, and Fair Labor Standards
Acts issues.
He reported the take-home cars will be a bargainable issue with tile Unions. He
stated it could either be bargained as a benefit or as a demonstrated waiver to characterize
the assigned vehicles as a privilege rather than a benefit.
An evaluation component would be included in the plan that would include: 1) fleet
maintenance providing quarterly reports regarding performance data; 2) the Police
Department tracking the nature and number of citizens contacts the officers make in an
off-duty status; 3) the Police Department's Annual Customer Satisfaction Survey would be
used to gauge the public's perception; and 4) an Employee Satisfaction Survey would be
readministered to gauge any change in employee morale.
He repeated that the initial proposal would be to limit take-home cars to sworn
officers living inside the City limits.
The program would cost $298,944 the first year. He stated another
recommendation is to allow personal use of the cruiser. It will take approximately a year
to evaluate the program to determine its effectiveness. He stated if it is decided after that
year it does not work, the fleet could easily convert to the existing plan or another
alternative.
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Commissioner Thomas expressed concerns regarding reference in the report to cash
incentives to the users of the vehicles. Chief Klein indicated he felt that had been one of
Commissioner Thomas' initial charges in the investigation.
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Mayor Garvey noted that the Indianapolis Plan began in 1971 and was discontinued
in 1 978. She questioned why. Chief Klein indicated this was a union issue and the City
would not know the City of Clearwater's Unions' stance until sitting down at the
bargaining table.
Commissioner Thomas indicated his recommendation was that in the sixth and
seventh year of the vehicle's life there be some incentive if the car was still in operation.
Chief Klein expressed concerns that an incentive six or seven years out may not be that
attractive.
Commissioner Thomas had no problems with supporting the plan and he liked the
police officers being able to use the cars for personal use. However, he was concerned
there be a way to assure that it was the officer driving the car and not another family
member.
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Commissioner Thomas questioned this being an incentive for police officers to live
in Clearwater. Chief Klein indicated if the goal of the plan was to benefit the citizens of
Clearwater, it should be limited to those officers who live within the corporate limits.
Commissioner Thomas questioned whether or not the plan would include the enclaves.
Chief Klein indicated it would. The Mayor stated this would mean including the planning
area of the City of Clearwater.
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Commissioner Deegan stated he did have some concerns regarding the plan. He
said while the visibility of the police cars was good, it raised the question regarding call-
back time should an officer perform police functions on off-duty hours. He questioned
experiences other communities had with take-home cars. Chief Klein is to provide that
information.
He also questioned how the officers would be held accountable for the condition of
their cars. Chief Klein indicated the General Services Director would suggest standards for
that evaluation.
Commissioner Deegan questioned the City of Tampa's experience with their repair
costs being excessive. Chief Klein indicated the officers were allowed to drive outside of
Tampa, anywhere in Hillsborough County and that may be one reason for the excess
costs.
Commissioner Deegan also expressed concerns regarding the attitude of the Union
and stated he did not feel the cars should be provided to the officers without considering it
a benefit.
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Commissioner Fitzgerald stated the plan obviously raises many questions. He
questioned the insurance on the cars and whether or not the City would be responsible for
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accidents on or off duty. He also expressed concerns regarding the citizens' perception of
cars being in locations where they are not considered to be appropriate and if a police
officer ignores an incident while in a car, but off-duty, whether or not that would have a
negative impact on the public. He stated there may be some communities that have deed
restrictions that prohibit a marked car from being parked where it is visible. He also
expressed concerns that some police officers do not want their homes identified as such in
their neighborhood.
Commissioner Fitzgerald questioned the Deputy City Manager regarding her feelings
regarding this being a bargainable issue. Kathy Rice indicated it was clearly a bargainable
issue but it could be bargained as a waiver or as a benefit. She stated Chief Klein would
prefer to bargain it as a waiver, however, this has not been discussed with the Unions.
Commissioner Fitzgerald questioned if this would be brought back to the City
Commission. Ms. Rice reported the Commission needed to indicate today if they were
interested in pursuing the program.
Commissioner Fitzgerald questioned the providing of gasoline for personal use of
the police car. The Chief indicated that was not the proposal.
Mayor Garvey reiterated the concern regarding a police officer being asked to
perform police responsibilities while off-duty and raised the issue of overtime costs. Chief
Klein pointed out with the Enhanced Traffic Enforcement Program (ETEP), visibility has
been increased and crime has been reduced.
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~",' Commissioner Thomas felt the providing of a car would be a benefit to a family. He
requested the program continue to be pursued.
Commissioner Berfield requested a map detailing where the vehicles would be
located. She also questioned the advisability of putting a police car in front of a police
officer's home when it has been determined that their addresses cannot be published as a
safety precaution.
Chief Klein indicated 31 of the 35 police officers living in Clearwater stated they
would want a take-home car.
Questions were raised about the impact of deed restrictions; if an accident occurs
while the vehicle is being used for personal use, whose insurance would cover it; if an off-
duty officer in a car would be required to stop at an accident scene; and whether or not
families would be allowed to ride in the car during personal use.
Chief Klein agreed there are many questions yet to address and structural guidelines
to be developed.
The Mayor questioned whether a decision could be made today. Commissioner
Deegan felt the final decision should be delayed until the two officers per car experiment is
completed at the end of this fiscal year.
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Chief Klein indicated he would like a decision today regarding whether or not the
Commission wishes him to pursue this policy.
Commissioner Thomas questioned whether there would need to be logs in the
vehicle for personal use. Ms. Rice indicated marked emergency vehicles are exempt from
this IRS requirement but the City could set this as a policy even though it is not in the IRS
rules.
Commissioner Thomas questioned the completion date of the two officers per
vehicle experiment. Chief Klein indicated it would conclude at the end of this fiscal year,
on September 30, 1994, and if the decision is delayed until that time, the take~home cars
would not be included in the budget until FY '95-'96.
Commissioner Deegan questioned how this would impact bargaining on a three year
basis. Ms. Rice indicated she hoped to get a three year contract. She said a provision in
the contract to allow it to be reopened regarding this issue or the placement of a waiver in
the contract could be included.
Mayor Garvey and Comrnissioner Fitzgerald agreed a decision should wait until the
West District experiment is completed.
Commissioner Thomas expressed concerns regarding "killing this issue today."
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Mayor Garvey stated there was still a significant amount of work to be done.
Commissioner Deegan indicated he was not recommending to kill it but said there would
be no final decision today. He wanted the Budget Advisory Committee to look at the
issues. He stated no information has been provided on the actual amount of money to be
saved on maintenance and there is no payback figure. He wanted staff to continue to
work on the numbers. He was not ready to make a final decision.
Commissioner Thomas moved to direct staff to continue the process of evaluating
the economic viability of a take-home car program for the Police Department, to complete
the experimental program of assigning two officers to a car in the West District, to provide
a report to the Commission evaluating the programs' effectiveness, and to forward all
relevant information to the SAC for recommendations. The motion was duly seconded.
Mayor Garvey expressed concerns there should be breakpoints for direction from
the City Commission. Ms. Deptula indicated if it is taken to the SAC, it would not be back
to the City Commission until around the first of the year (1/95).
Commissioner Deegan pointed out there would need to be discussion in a closed
session regarding the union issues. Commissioner Fitzgerald questioned whether or not
this was programmed into the budget. Ms. Deptula indicated it was not at this time.
Commissioner Deegan pointed out that adjustments could be made at mid-year.
Ms. Deptula indicated staff would continue in the process targeting January to
bring it back to the City Commission. She will provide an interim calendar with scheduled
. decision points.
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Upon the vote being taken, the amended motion carried unanimously.
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Commissioner Thomas amended his motion to include that the Commission would
be advised along the way. The seconder accepted the amendment.
The Commission recessed from 11 :45 a.m. to 12:35 p.m.
b) Maas Brothers building
1) Dean Rowe Contract
In order to facilitate the Stein Mart lease considerations, Donnell Consultants and
Rowe Architects agreed to begin work immediately on the plans for renovation of the
building and are performing under the City's existing contract, but without an identified
fee. Bill Baker, Acting Assistant City Manager, explained the uses proposed for the
building will determine final costs of the project.
The proposed fee is $165,000, or 7.5% of a construction budget of $2.2 million.
It covers basic architectural design, specifications, and normal services. Additional costs
will be: 1) $30,000 allowance for feasibility studies analyses, facility programming, and
existing facilities analysis; 2) $10,000 allowance for measured drawings; 3) $33,000
allowance for detailed cost estimates; and 4) $47,500 allowance for project representation
during construction beyond periodic inspection.
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Mr. Baker explained allowances are estimated expenses and the City will pay actual
costs. If the project progresses smoothly, the position of onsite project representative
may be judged no longer necessary and only a fracti on of estimated oversight may be
required.
Dean Rowe's total bid for the project is $285,500 or 14% of the building's
estimated renovation costs. Mr. Baker said 15% is the average charge. Staff will prepare
a standard contract once the Commission provides direction and present it
Thursday, April 7, 1 994.
Commissioner Fitzgerald questioned if the numbers could increase because they are
not fixed. Mr. Baker said costs could increase if new problems are discovered, but the
City has inspected the building. He will continue negotiations so maximum numbers are
included in the contract presented Thursday.
Commissioner Thomas expressed concern that the numbers presented not increase.
Messrs. Donnell and Rowe indicated they would accept these numbers as caps.
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Commissioner Thomas expressed concern that competitive bids were not
requested. He noted this project required "fast-tracking" but requested future projects be
bid competitively. Mr. Baker said competitive bidding is standard practice but this project
is unique. The team of Messrs. Donnell and Rowe was hired by competitive bid for
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another project and it was a coincidence that the City had a team on board when Stein
Mart requested their project be "fast tracked."
Mr. Baker said he discussed this project with another architect who made an
inquiry. After Mr. Baker explained the schedule deadlines, the architect said he understood
why the project was assigned to Rowe and Donnell.
Commissioner Fitzgerald noted this proposal is only for Rowe and Donnell's portion
of the project.
Commissioner Thomas asked Mr. Rowe if the percentage charged decreases as
construction costs increases. Mr. Rowe agreed and explained his rates are based on the
State of Florida's Department of Management Services fee schedule included in the packet
of information presented to the Commission. The fee for a $10-million project is 6.8%.
"Fast-Tracked" projects, because of compressed timelines, are labor intensive beyond
normal working hours.
Commissioner Thomas moved to direct staff to come back on April 7, 1994 with an
agreement for architectural services not to exceed $285,500. The motion was duly
seconded. Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas, and
Mayor Garvey voted" Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
2) Construction Contract with Biltmore
, Mr. Baker reported five bids were received for construction of renovation to the
.d~ Maas Brothers building. Biltmore was the low bidder proposing $80,605 in incidental fees
(GI.':lneral Conditions) plus $80,000 for overhead and profit for a total bid of $160,605.
Direct costs for construction work, estimated for bidding purposes at $2 million, will be
paid by the City. Should actual construction costs fluctuate upwards, Biltmore's
percentage charge will remain unchanged at 4%. The contract cost would increase if
discoveries raise the incidental fees. This type of contract is used by the Pinellas County
School System. The formal contract will be brought forward for approval Thursday night.
The planned functions of the other two floors affect renovation costs as they
influence decisions on air conditioning and fire code requirements.
Commissioner Thomas questioned if competing bidders offered a "not to exceed"
guarantee. Mr. Donnell said all bidders offered conditions similar to Biltmore's.
Commissioner Thomas expressed concerns that Dean Rowe's bid was based on
$2.2 million when Mr. Baker estimated building costs at $2 million. Mr. Rowe explained
the $2.2 million includes the estimated cost for the construction company. If final costs
are less than estimated, his fee will decrease.
Mr. Baker pointed out that Messrs. Donnell and Rowe locked in at a fee of 7 1/2%.
Mr. Rowe agreed.
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Elsewhere, the building is made of light weight steel construction with a metal
corrugated deck and two and a half inches of concrete. The roof is covered with one and
a half inches of lightweight concrete over light gauge metal. The steel construction is not
protected. Encapsulating the friable asbestos troweled on steel beams also will provide
fire protection.
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Commissioner Fitzgerald noted fees totaling $486,105 have nothing to do with the
physical building. He questioned if any duplication of services and supervision existed
between Rowe & Donnell and Biltmore Construction. Mr. Baker said there would not be
duplication.
Commissioner Thomas noted local costs for architecture / construction fees reach
20%. He complimented staff on negotiating a competitive bid.
Commissioner Thomas moved to direct staff to move forward and bring back a
contract with Biltmore Construction as presented for the Maas Brothers building. The
motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan,
and Thomas, and Mayor Garvey voted "Aye." Commissioner Fitzgerald voted "Nay."
Motion carried.
3) Consideration of uses for remaining two floors
Mr. Rowe presented a drawing of the Maas Brothers building to illustrate the
ingress and egress between floors, plus the entrances to the lower floor, main floor via the
north parking lot, and upper floor.
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Mr. Rowe noted man)' complex issues have not been resolved. The asbestos report
was received on March 30, 1994. Friable asbestos must either be removed from the
building or encapsulated. The majority of the building's friable asbestos is under the
parking deck and under the section where a parking deck once stood. The remaining
asbestos is nonfriable and can be covered by carpeting or tile. Removal of all asbestos
would cost $1 million. Removal of the friable asbestos would cost $385,000.
In this area, the building is constructed of five inches of concrete on top of wide
flange steel beams. Attachments could be made into the concrete slab to hang a ceiling.
Fire code dictates a two hour separation between public use floors. Retail establishments
require a one hour separation,
Commissioner Thomas noted if the City chose to raze the buildinQ, the required
removal of asbestos would add $1 million to demolition costs. He recalled the original
estimate of $500,000 for demolition budgeted only $90,000 for asbestos removal.
Commissioner Thomas estimated total demolition costs at $1.3 to $1.5 million.
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Mr. Rowe stated double duty could be obtained by encapsulating the asbestos as
that would provide additional fire separation.
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Mayor Garvey asked for a cost comparison between a one and two hour separation.
Mr. Donnell estimated the $1 a square foot difference would total $100,000 on this
project. Ms. Deptula recommended providing a two hour separation at this time would
allow maximum flexibility. Mayor Garvey noted options would be limited if the
Commission supports a one hour separation.
It was the consensus of the Commission to construct a two hour separation
between all floors.
Mr. Rowe discussed air conditioning requirements. The Stein Mart lease requires
the City to provide a complete air conditioning system including the unit that blows cold
air. He suggested treating the remaining space like a shopping center where tenants
provide their own air conditioning. The City could furnish separate metering and service, a
house meter, plus adequate electric wiring to the air conditioning equipment. The top floor
can be served by roof top units. Facilitating the bottom floor would be more difficult and
would require refrigerant lines extending from chillers to air handlers on that floor. Mr.
ROVJe recommended meeting Stein Mart's needs and providing electrical wiring for the
other floors before determining the air conditioning requirements for the two empty floors.
Commissioner Thomas said it was not prudent to renovate one floor with no plan
for the other two floors and felt a decision should be reached.
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The Interim City Manager said discussion of the Hammer Siler report on using the
site for a trade show / conference center had not been scheduled. Commissioner Thomas
said he was prepared to discuss the report. Commissioner Deegan said he requested the
report be addressed on today's agenda.
Mayor Garvey spoke against committing the other two floors at this point.
Commissioner Fitzgerald said the Commission had discussed that Stein Mart's
presence as the anchor tenant could develop potential uses for the remainder of the
building. He felt it was premature to determine this use before reviewing interest from
potential tenants after Stein Mart. He felt additional information was needed.
Commissioner Thomas said potential tenants were already identified. He felt the
proposal for a trade show I convention center would best serve the long term growth
needs of the City.
Mayor Garvey noted the Chamber of Commerce requested the Commission
continue discussion of the Hammer Siler report until the Chamber has an opportunity to
submit their proposal. She agreed no commitment for the other two floors should be
reached at this time.
Commissioner Thomas said all work completed now impacts future construction
and increases costs if future plans for the building are uncertain. He estimated 25% of the
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Commissioner Fitzgerald noted the City agreed to pay half of Stein Mart's
renovation costs. He suggested future tenants pay their modification costs. He said if the
City converts the building to a conference center, taxpayers would be responsible for all
renovation expenses.
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City's ad valorem taxes comes from Clearwater Beach and said a trade show / conference
center multipurpose meeting complex will be beneficial to the City.
Commissioner Thomas noted both reports from Hammer, Siler, & George from
1990 and 1994 contain discrepancies. He predicted a trade show / convention center
would help beach businesses. He said the City aided Downtown businesses by
constructing a new retail center and felt beach hotel, restaurant, and retail businesses also
deserve assistance.
Commissioner Thomas recommended developing the top floor into a conference
center with a large upscale, bayfront restaurant with windows, and developing the ground
floor as a trade show floor with collapsible walls and a smaller casual restaurant with an
outdoor patio. He suggested this investment would enhance a quarter of the City's
property tax base.
Commissioner Fitzgerald said other factors for the building's development should be
considered. He noted the Hammer Siler's '94 Executive Summary addresses the high cost
of predicted operational deficits. He said the report did not support the development of a
trade show / convention center at this location and stated much work would be required to
make it competitive and hold deficits down. As representative of the majority who pays
75% of the ad valorem tax, he expressed reluctance to commit the City to adopting
additional deficits. He said the report clearly states the center will be subject to failure if it
lacks accessibility to adequate hotel accommodations. He stated the construction
estimates provided address the shell of the building only, not a finished structure.
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existing freight elevator and add a new one. He expressed concerns with moving people
vertically and was uncertain if all expenses for the second elevator were included in the
estimated costs.
Commissioner Fitzgerald expressed concerns with entering a project described by
City consultants as a losing proposition. He noted additional staff hired to market the
facility would increase expenses. He supported attracting tenants and income for the two
floors instead of increasing the City's debt obligations. Commissioner Fitzgerald reiterated
the Hammer Siler reports do not support developing a trade show / convention center on
this site.
Commissioner Deegan said the Commission decided months earlier to proceed with
developing the trade show I convention center. He noted public use of the facility would
require a subsidy as do other things the City provides citizens.
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Commissioner Deegan spoke in favor of using the ground floor for smaller trade
shows. He noted plans for constructing a hotel one block away were based on the City
approving plans for a convention center. He felt the top floor should replace the City
Auditorium and suggested the $1.2 million in the capital improvement program could be
used for this project.
Mr. Rowe stated assigning public uses to the first and third floors would impact
vertical movement. He suggested escalators would be required if the top floor is
designated for public use. Including escalators in the design would require either opening
the floors for them or attaching them to the outside. Glass enclosed outside escalators
would be expensive but could be located on the Cleveland side of the building. He
predicted problems with moving people to the third floor would not be met by the addition
of only one elevator.
Mayor Garvey asked Mr. Rowe if air conditioning needs have been determined if the
occupancy on the first and third fI oars is resolved to be open and for public use. Mr.
Rowe said restaurants' kitchens generate heat and require additional air conditioning. He
suggested the City determine the size of the restaurants it proposes.
Commissioner Thomas asked if an escalator from the first to the third floor could be
located in the northwest corner of the building in addition to a bank of four elevators. Mr.
Rowe said that design would limit Stein Mart's space. Commissioner Thomas felt this
space off the north parking lot was the best location for vertical transport.
II Commissioner Deegan noted the difficulty faced by Mr. Gozza, Executive Director
q::,~;~ of the CRA, as he negotiates for the space before a firm decision regarding public use is
reached. He noted no firm proposals have been received.
:ommissioner Thomas moved that the City move forward with developing a trade
show I conference center I multipurpose building in the Maas Brothers building by
renovating and dividing the top floor into a 40,000 square foot conference center with
collapsible walls and a 10,000 square foot upscale, bayfront restaurant with windows, and
renovating the ground floor into a 45,000 square foot open floor trade show space with
:ollapsible walls and adding an outdoor patio outside the remodeled 5,000 square foot
,"estaurant and the floors be connected by an escalator and bank of elevators. The motion
was duly seconded.
Commissioner Fitzgerald questioned the estimated costs and source of funding for
this project. Commissioner "Thomas estimated the cost will increase by $3 million to $ 5.2
million. Mr. Donnell suggested a minimum estimate of $6 million because escalators and
elevators cost $ .5 million each.
Commissioner Fitzgerald asked the Interim City Manager about the source of the
required $6 million. Commissioner "Thomas said $2.2 million was already approved. He
said the City has paid the "Tourist Development Council (TOe) almost $3-million a year for
15 years from the bed tax to develop Clearwater's tourism business. He suggested the
City deserves funding from the TOC for this purpose.
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He noted $1.1 million in the budget was set aside for a conference center.
Commissioner Fitzgerald said that money was intended for a community center not a
conference center. Commissioner Thomas stated this was a better community project
because 1 00,000 square feet would be available instead of the planned 10,000 square
feet.
Mayor Garvey said one of the premises agreed upon when voting for Stein Mart,
was to attract other businesses to the building. Negating that opportunity by this motion
would deny the City the chance to first review positive proposals. Commissioner Deegan
disagreed and stated the Stein Mart proposal was approved because it would be useful as
an anchor for Downtown not the building. He suggested a project on the beach now in
discussion would be a more viable candidate for TOC funds.
Commissioner Deegan suggested the motion indicates the Commission's intent.
Discussion of funding can foil ow. If it is found funding is not available, the Commission
can modify its direction.
Mayor Garvey expressed concerns with voting for amotion that calls for a decision
prior to gathering necessary information. She suggested public debate should happen up
front.
Commissioner Thomas felt this project will enhance the City's economic
development. He did not foresee any problems with renting out the building's bottom floor
but suggested leasing the top floor might be difficult without adversely impacting Stein
4/l.v,\ Mart. He said the City might break even by leasing the entire building to retail stores and
.4::: forecast the building, at best, could be cash flow neutral. He felt the economic spinoff
provided by a trade show / convention center would be more beneficial to the hotel,
restaurant, and retail businesses on the beach and expressed deep concerns about
Clearwater Beach's economy.
Mayor Garvey said the motion allows no option to the trade show / convention
center idea. She suggested this action does not provide Rowe and Donnell with adequate
direction. If money cannot be found for the proposal, the Commission is again faced with
the question of use for the building. She expressed concerns that this item was not listed
on the agenda and citizens were not afforded the opportunity for input.
Mr. Baker confirmed the Commission's direction to provide air conditioning
adequate for cooling a convention center. He said the City will provide tonnage sufficient
to cool the center floor and Stein Mart will provide duct work. The City will provide the
tonnage and chillers to provide convention cooling capacity for the other two floors with
no duct work installed until designs are finalized. He said if the City ultimately chooses
three floors of retail, the air conditioning capacity would be somewhat greater than
necessary.
Mayor Garvey noted questions still exist regarding escalators and elevators. Mr.
Rowe said if vertical transportation is added, the structural opening in the floor and fire
protection around it will have to be provided. Stein Mart's lease requires that the original
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escalators be removed. Mr. Baker said he will verify it this is still the case. Mr. Rowe said
even if the escalators remained in the middle of the floor, they would have to be rebuilt. If
escalators were added elsewhere, Stein Mart will lose retailing space. Fire code requires
air to be exhausted from escalators. The structural opening for additional elevator shafts
also would be required. Escalators and elevators added to the outside of the building are
more expensive than interior ones.
Mr. Bickerstaffe supported the trade show I convention center project. He said it
would give the City back its auditorium. He spoke against the Hammer Siler reports and
predicted the renovations would pay for themselves. He felt a convention center would be
an asset to the City.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas voted
"Aye." Mayor Garvey and Commissioner Fitzgerald voted "Nay." Motion carried.
Mayor Garvey requested staff to estimate the cost of renovation, yearly
maintenance, and operating expenses as soon as possible.
Mr. Baker requested clarification of Commission direction. Commissioner Deegan
said the feasibility must first be proven before work can proceed beyond the Stein Mart
space. Commissioner Thomas noted plumbing for the third floor will impact the Stein Mart
renovation. Mr. Baker questioned accommodating the escalators and elevators.
Commissioner Deegan recommended the City remain within the present common areas
and against reducing Stein Mart's space.
Mr. Baker noted requests for additions to the project now exceeded the original
estimate of $2.2 million.
CITY ATTORNEY REPORTS
ITEM 1/20 - Other City Attorney Items - None.
ITEM 1/21 - City ManaQer Verbal Reports
a) Use of St. Petersburg Times for advertising
Ms. Deptula noted one issue addressed during the Strategic Planning Meeting was
communicating with the public and eliciting their support for projects. Direct mail,
including postage, purchasing labels, and printing a one page brochure would cost $7,000.
She asked if staff could study communication alternatives and learn if the Clearwater
Times section of the St. Petersburg Times for display advertisements would be more
beneficial. She recommended legal advertising remain with the Tampa Tribune, that offers
more reasonable rates.
Commissioner Thomas reported the Beach Views has low rates and has increased
circulation to m,ore than 40,000 per weekly issue. He questioned if indirect mail could be
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used or if multiple public hearing notices could be combined in one mailing. Mayor Garvey
r~\ felt that method might restrict the Commission from continuing items. Ms. Goudeau said
State statute dictates the City advertise legal notices in a daily newspaper. Some display
notices, like those for the budget, also are legally required to be published in a daily
newspaper.
Commissioner Thomas expressed concern about the public's awareness of
Commission meeting dates and agendas. He suggested a maiier that included all the
issues coming forward would educate the public and enable them to watch for the
schedule. He felt it is important that the public is informed.
Ms. Deptula noted expanded advArtiS!r.g ':.:ould help attain City goals to increase
communication with citizens.
The consensus of the Commission was for the Interim City Manager to gather
information about alternate means to advertise Commission notices.
Monday Commission Meetings
Ms. Deptula requested the Commission consider canceling Monday meetings that
conflict with the Tampa Bay Regional Planning Council (TBRPC) schedule. Commissioner
Deegan suggested canceling some meetings would unnecessarily prolong others.
Commissioner Fitzgerald reported TBRPC meetings now begin at 8:00 a.m. and are
t~':~ ~~~~iy~onger. Problems occur particularly when TBRPC meetings are held outside Pinellas
It was the consensus of the Commission that the schedule for Monday afternoon
Commission meetings not be modified. Changes can be finalized a month in advance of
each afternoon meeting. Consideration of canceling the June 13 meeting will be brought
forward in May.
Bargaining
Kathy Rice, Deputy City Manager, requested a closed Bargaining lunch meeting
with the Commission for 12:00 noon - 1 :30 p.m., April 18, 1994. Consensus was to do
so.
City Hall Referendum
Cynthia Goudeau, City Clerk, reported 1994 is an election year and the Pinellas
County Supervisor of Elections will not offer support to the City for a referendum between
May 17 and the first primary in September. She noted it would be extremely difficult to
organize an election by May. Private companies charge between $25,000 and $30,000 to
run a referendum election not including the cost of poll workers.
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A ballot question regarding City Hall could be placed on the September 6, 1994,
primary ballot. The City must notify the Supervisor of Elections 16 weeks in advance for
inclusion on a ballot. The actual question will have to be provided 45 days prior.
All ballots are limited to 12 pages. In the November election, where it is anticipated
Charter amendment questions will be placed, two Federal, 34 State, and 18 County
offices are slotted for the ballot. Additionally, 24 committees are circulating petitions to
place separate Constitutional Amendments on the ballot. Space on this ballot may not be
confirmed until July or August. Unless there is a runoff from the September ballot, no
election will be held in October.
Commissioner Thomas suggested an attempt to place Charter amendments on the
September ballot.
The City Clerk stated this probably was not possible as the Charter Review
Committee is not scheduled to finish this work until July 15, 1994. The Commission
would need to review the suggestions and adopt ordinances establishing the ballot
questions by the end of July.
Ms. Goudeau recommended placing the referendum regarding a new City Hall on
the September 6, 1994 ballot.
Commissioner Berfield expressed concerns about deferring this action for five
months. She suggested there be no referendum. Mayor Garvey concurred.
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Commissioner Fitzgerald said the Commission had already indicated there would be
a referendum.
Commissioner Thomas supported the September ballot and noted the downside of
lower voter turnout. If negotiations for the East End property are successful, an instant
need would be established and he would support canceling the referendum. Presently, no
emergency situation exists.
Commissioner Fitzgerald noted if the East End property is sold or leased, a new
City Hall could not be constructed prior to evacuating the Annex even without a
referendum. Commissioner "Thomas suggested building on the East End occur on an empty
tract of the East End property while the City continued to occupy the Annex.
Mayor Garvey said if the referendum fails, planning would have to begin anew, five
months would have been wasted, and nothing would have been accomplished. She felt it
is the responsibility of the Commission to make this decision.
Commissioner Deegan noted employees in the Utility Department are most in need
of attention. He requested the Interim City Manager initiate a plan to relocate them.
Commissioner Thomas stated he did not feel conditions at the Annex met the
exception in the City Charter that projects more than $1 million for the health, safety, and
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r.. "'. welfare of citizens do not require voter approval as has been stated in a bond counsel
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The City Clerk stated bond counsel's opinion did not address the condition of the
Annex. Their opinion is that a City Hall is for the welfare of the City and therefore meets
the exception.
The City Attorney agreed. He said if the City needs to obtain a general obligation
bond, a referendum is required. The bond counsel, a conservative group, examined the
welfare and safety issue at City Hall and determined a referendum would not be required.
The Interim City Manager said the City Charter refers to projects that require the issuance
of bonds or borrowing of money.
Commissioner Fitzgerald noted personnel in the Utilities building need to be
relocated sooner than 18 months.
Commissioner Deegan moved that the referendum regarding City Hall be placed on
the September 6, 1994 ballot and the Interim City Manager expeditiously plan the
relocation of the employees in the Utilities Building. The motion was duly seconded.
Mayor Garvey did not think the Commission should wait for a referendum. She felt
the Commission should reach a decision and move forward.
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Upon the vote being taken, Commissioners Deegan, Fitzgerald, and Thomas voted
"A ye." Commissioner Berfield and Mayor Garvey voted" Nay." Motion carried.
Commissioner Deegan requested a decision be reached on a name for the new
building. Commissioner l"homas recommended it be called the Municipal Services Building.
Commissioner Deegan concurred.
Commissioner Fitzgerald noted plans for a new City Hall have been changed and
now a municipal services building is being proposed. He suggested this deviation will
confuse the public. Commissioner Deegan said the City is not planning to build a new City
Hall. The referendum is requesting citizens to approve construction of a municipal services
building on the Bilgore property and completion of the required changes at the existing City
Hall.
Consensus was to call the building the Clearwater Municipal Services Building.
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The meeting recessed from 2:48 to 3:03 p.m.
ITEM #22 - Commission Discussion Items
Commissioner Berfield said she was not suggesting swearing in "Citizens To Be
Heard" but noted many boards swear in speakers who are to be presenting factual
a) (Cont. from 2/28/94) Swearing-in of speakers
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Commissioner Fitzgerald asked under what circumstances speakers would need to
be sworn. Commissioner Berfield suggested swearing in all speakers at public hearings.
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information. She felt the only recourse the Commission has against untrue testimony is if
speakers first take an oath. She suggested a mass swearing in be held at the beginning of
each meeting. Questions were raised about late arrivals.
Mayor Garvey suggested Commission decisions are based on research and
background information provided by staff. Commissioner Berfield said she also weighed
information provided by speakers when reaching a decision.
Commissioner Thomas agreed testimony should be accurate. He suggested it
would take only moments for the Mayor to ask speakers if they were sworn in before they
begin testifying. Speakers would be obligated to identify facts apart from their personal
opinions.
Commissioner Fitzgerald agreed professional consultants should be held to their
word. He felt it would be difficult to separate truth from speculation when citizens
address the Commission.
Commissioner Thomas questioned if anything occurring in past years would have
been easier to address had the speaker been sworn in. Mayor Garvey could not recall an
instance where the outcome would have changed had all testimony been given under oath.
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Commissioner Thomas felt it important to have recourse against those who distort
issues or libel individuals under oath.
Commissioner Fitzgerald expressed concerns that beliefs may be presented as
facts. Commissioner Deegan felt it would serve as a deterrent against those who might
not tell the truth. Commissioner Fitzgerald felt it would restrain those who would
otherwise voice concern.
Commissioner Berfield moved to require speakers who address public hearing items
before the City Commission do so under oath. The motion was duly seconded. Upon the
vote being taken, Commissioners Deegan, Berfield, and Thomas voted "Aye. n
Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
b) (Cont. from 3/17/94) Environmentally Sensitive land definition
i:
Commissioner Thomas moved to continue this item until the Environmental
Advisory Committee recommends a definition. The motion was duly seconded and carried
unanimously.
Mayor Garvey requested the Legal Department to determine if this constitutes
taking land.
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c) (Cont. from 3/17/94) Legal Department Audit
Mayor Garvey noted the Hildebrandt report discussed both the weaknesses and
strengths of the Legal Department. She said the City Attorney has been busy responding
to their recommendations. The task lists he has been preparing for the Commission
indicate the department is overworked.
Commissioner Thomas felt Hildebrandt did not perform the job they were hired to
render. They failed to address three of the four objectives listed in the original agreement
requested by the Commission. The City should not pay for the report. He felt Hildebrandt
should be given the opportunity to provide a cure and complete the job they were hired to
perform or the City should refuse to pay any additional funds. He said the report was
supposed to determine the performance and productivity of the whole Legal Department.
Commissioner Deegan concurred. He had requested the City Manager not to
forward additional payments until the Commission had discussed it. When Hildebrandt
representatives were here to address the report, he advised them they had not answered
the questions they were requested to address. He felt the report should not be accepted.
The Interim City Manager said bills for the report total $56,000. Three bills totaling
$15,600 are unpaid.
Mayor Garvey found no fault with the report that made recommendations that will
strengthen the Legal Department. The report provided high marks for the Legal staff's
<{ services and legal work. She noted the City Attorney is working to eliminate reported
t. weaknesses.
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Commissioner Deegan said the Commission had to go back to Hildebrandt four
times to clarity the scope of work. He felt their focus was on the future while the City
had requested a performance audit that was not delivered.
Mayor Garvey suggested Hildebrandt could not provide that information because
they lacked complete data from the City. Commissioner Deegan felt when this was
discovered they should have advised the City they were unable to perform the job and
requested direction.
Commissioner Fitzgerald supported accepting the study and felt it fulfilled the
requirements outlined by the City. He said Hildebrandt provided the City a blueprint for
future action. He questioned the benefit of dwelling on past performance. He suggested
some are dissatisfied with the report because they disagree with the responses and
results. He questioned the value of asking them back to do something different.
Commissioner Barfield questioned if the City could legally refuse to pay the bill.
She did not like the report and stated that neither of the two questions she posed was
answered. She noted the strong exception staff took to Hildebrandt's charge that staff did
not provide them with requested data. She recommended renegotiating the bill or paying
it under strong protest.
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Commissioner Deegan concurred with Commissioner Thomas's suggestion to
provide Hildebrandt the opportunity to cure. If they cannot provide what the City is
requesting, he recommended renegotiating the fee after the fact. He recommended paying
only $5,000 of the balance due.
The City Manager said the City had not yet received Hildebrandt's last bill. Charges
invoiced to date only include work comp'eted by February 28, 1994. Their presentation
was made in March.
Commissioner Thomas recommended requesting a refund. Mayor Garvey felt the
City has a legal obligation to pay because Hildebrandt completed the report. Commissioner
Thomas reiterated that Hildebrandt did not complete three of the four promised objectives.
Bob Bickerstaffe agreed the City should not pay for something it did not receive.
He recommended the City renegotiate the rate.
Commissioner Deegan moved that the City Manager advise Hildebrandt the
Commission does not believe the report submitted fulfills Hildebrandt's contract obligations
and provide them the opportunity to cure. The motion was duly seconded. Upon the vote
being taken, Commissioners Deegan, Barfield, and Thomas voted" Aye," Commissioner
Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
Commissioner Deegan stated the Commission needs to take action regarding the
Legal Department based on the report. He said the report included the following
.~;i;{ information: 1) the primary weakness of the department is ineffective management; 2)
~t/ some have appeared to have lost confidence in the City Attorney and it is unclear if this
confidence can be restored; 3) the department is not being effectively managed; 4) this
lack of management manifests itself in a variety of ways; 5) this lack of management
negatively impacts the ability of the department to effectively and efficiently serve its
clients; 6) Mr. Galbraith is not an effective manager and to date has not shown a strong
interest in management; 7) adding three position will not matter unless Mr. Galbraith
develops the skills necessary to manage.
Commissioner Deegan questioned if Mr. Galbraith could ever regain the confidence
of all Commissioners and if he could acquire the skills to manage. He did not think Mr.
Galbraith cared a bout being a manager nor possessed the skills to be a manager.
Commissioner Deegan moved to remove Mr. Galbraith as City Attorney and invite
him to stay in the department until the new City Attorney decides whether he should
remain. The motion was duly seconded.
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Mayor Garvey suggested an alternate. She cited the report described Mr. Galbraith
as a competent lawyer with a solid understanding of the issues and needs of the City.
She suggested a manager be hired.
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Commissioner Deegan stated the reason for his motion was because he did not
think Mr. Galbraith's word should be the "last word" in the Legal Department.
Commissioner Thomas agreed Mr. Galbraith is not a manager nor chief executive
officer of the Legal Department. He said there was evidence of Mr. Galbraith's high
integrity and good lawyering skills. He recommended a twelve month position, Senior
Associate or Assistant Attorney, be created and that Mr. Galbraith be placed in that
position at his current compensation level with no severance package attached. After the
initial 12 month period, the new City Attorney could determine how to best staff the
department. He proposed the City re-evaluate compensation of the City Attorney as he
felt it was too low for what a City Attorney is expected to do.
Commissioner Deegan was unwilling to change his motion as he did not feel the
new City Attorney should be requested to retain Mr. Galbraith a year if he determined
otherwise. Commissioner Berfield agreed the new City Attorney should decide whether to
retain Mr. Galbraith.
Chuck Pollick agreed the Hildebrandt report was flawed. However, he said no
criteria for the position of City Attorney for a city of Clearwater's size has been
determined anywhere in Florida. He suggested the Commission establish criteria and
permit the City Attorney to work toward those goals. He spoke against placing judgement
without first establishing clear criteria. He suggested judging managerial skills is a
subjective process. He felt the Legal Department staff needs help and recommended
against voting on this matter today.
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i~".'.~.. Mayor Garvey questioned why the Commission would ask Hildebrandt for more
information and answers if they have already chosen an action.
Commissioner Deegan stated it was the Commission's responsibility to evaluate the
City Attorney and this had been delayed while waiting for the report.
Upon the vote being taken, Commissioners Deegan, Berfield, and Thomas voted
"Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
d) (Cant. from 3/17/94) Accessory uses in Resort Commercial Zones
Two Beach properties were investigated. One property involved a project
converting former apartments to a dwelling unit over two retail stores and was not
identified as a motel conversion or accessory use.
The jewelry store on Coronado by the Port View Motel is not licensed or readily
visible from the street. The Community Response Team will investigate possible
occupational license and zoning violations.
To tighten current regulations regarding accessory uses in motels, Scott Shuford,
Central Permitting Director, suggested the Commission: 1) allow accessory uses in the
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resort commercial district as a conditional use, with supplementary standards further
restricting the potential for motel conversion; 2) provide requirements under the use
limitations section of the resort commercial zoning districts regulations that limit accessory
uses in motels to a specified percentage of the motel's total floor area and provide further
restrictions on the type of accessory uses that can be located in motels; or 3) revise sign
regulations limiting signage for accessory uses.
Mr. Shuford suggested accessory uses should only be permitted as a conditional
use with review. This procedural process could lengthen approval for minor developments.
Staff recommends adding language to the use limitations section of each zoning
classification to further limit accessory uses in hotels and motels.
Scott Shuford, Director of Central Permitting, said concerns have been raised about
accessory uses that have resulted in motel conversions on Clearwater Beach. Staff
believes they have "stemmed the tide," however, if the Commission requests more
restrictions, that can be done. He said rules covering signs for accessory uses will have to
be designed carefully so added signage for nightclubs in large hotels would remain legal.
Commissioner Thomas questioned the choices available to a small motel owner
with inadequate business. Mr. Shuford suggested the entire motel could be converted to a
retail establishment or restaurant or a small percentage of space could be converted to a
use accessory to motel operations. Additional parking requirements might not be required.
Mr. Shuford recommended instead of separate sections of the code dealing with
~{ . accessory uses and parking requirements that a regulation be written that clearly explains
~h,. what limits the City wishes to establish in terms of converting motel units. Staff feels the
City must restrict conversion of motel units on the beach. If retail space outnumbers hotel
space, parking would become worse.
Commissioner Deegan said the 50/0 limitation in effect for accessory use is not
enforced. He suggested those who have problems filling rooms should tear down their
building and build retail. He said the lobby of the Port View Motel has been turned into a
retail operation. He noted motels with space converted to retail stores have held outdoor
retail sales in spaces reserved for parking.
Commissioner Thomas asked the staff to develop a plan that would offer incentives
to owners to combine small parcels. He felt land use regulations and building codes
created a .. Catch 22." Commissioner Thomas recommended enforcement of codes.
Mayor Garvey suggested severely limiting conversion to retail.
Mr. Shuford said the City reduced density on the beach in 1985 and State law now
permits no additional density on barrier islands. While some properties have less density
than allowed, most development has density greater than permitted. He noted density
fluctuates through "trade-offs" in Miami Beach where some areas are designated for
redevelopment.
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~ the Commission with creative proposals for incentives to developers. Mayor Garvey did
not agree staff should do that.
Commissioner Deegan said the Clearwater Beach Blue Ribbon Task Force asked if a
density swap could be addressed. He recommended combining properties would qualify a
developer to increase density. He asked the staff to review this proposal.
Mayor Garvey questioned what the City can do if someone has more retail space
than permitted. Mr. Shuford said the City makes make them remove it and conform to all
requirements.
Commissioner Deegan said the real estate agency next door has filled the lobby of
the Port View Motel and made it an ante room for the real estate business.
Mr. Shuford said it is more difficult to address lobby uses than motel room
conversions. An occupational license can be issued for a small scale retail use in a lobby.
At times, this use can result in outside signage and parking lot sales.
Commissioner Deegan said the real estate office next to the Port View has filled the
motel's lobby with signs abollt their homes. Mr. Shuford said most hotel lobbies have
racks of brochures. He said he would review code amendments that may address this.
e} Direction re neon and lighted sign poles (Church's Chicken)
(
"-,'c. Scott Shuford, Director of Central Permitting, said the Code Enforcement Review
Task Force requested the Commission adopt an emergency ordinance to: 1) require any
internally illuminated portion of a free standing sign be counted as part of sign area; 2)
require the support structure of a free standing sign be less than 50% of the signage area;
and 3) not amortize existing signs that do not conform with these requirements.
Mr. Shuford reported the Code Enforcement Review Task Force expressed concerns
about the Church's Chicken sign at the corner of Lake St. and Gulf to Bay Blvd. that is
surrounded by a large illuminated support structure. He noted McDonald's, Condon Meek,
and Century 21 all have lit poles. The Task Force predicted a growing problem.
Mayor Garvey questioned if staff was proposing that neon light be counted toward
a sign's allowable square footage. She noted Church's Chicken, with its illuminated
support structure, would be twice as large as permitted.
Mr. Shuford agreed limiting the size of the sign's support structure will limit
creativity like pillar type signs.
Mayor Garvey noted the Code Enforcement Review Task Force requested the
Commission to restrict internally illuminated signs. She supported the Task Force's
recommendations and urged adoption.
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Commissioner Thomas did not support the recommendations. He did not feel
internally illuminated sign structures are inappropriate or offensive and noted the City
already has a restrictive sign code. He agreed Church's sign is extreme and supported
balance to the issue.
Commissioner Thomas said staff researched the neon light issue and brought their
findings to the Commission who rejected further action on the issue. Commissioner
Deegan said the Commission is keeping an eye on the neon issue and will revisit the issue
if problems begin to occur.
Mayor Garvey said Church's sign is not limited in size as stipulated by ordinance.
She predicted a trend of similar signs would cause the City to lose all sign ordinance
benefits.
Commissioner Berfield noted poles can be illuminated internally and by spotlights.
Commissioner Thomas suggested a business owner could easily convert an internally lit
sign by turning the lights off and shining a spotlight on it instead. He suggested this
proposal would be difficult to enforce.
Commissioner Deegan noted signs can be illuminated both internally and externally
and questioned how illumination would be regulated. Scott Shuford noted a potential
loophole could develop that allows a reflective surface to be attached to the pole of a free
standing sign and illuminated by a spotlight. Commissioner Deegan questioned if
regulations affecting internal lights on a sign structure also would affect lights on the
~'~( . outside of buildings.
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Mayor Garvey said the sign ordinance was passed nine years ago for the aesthetics
of the community that is helpful to businesses. Businesses are now easier to locate with
their smaller signs.
It was the consensus of the Commission that staff continue to review the issue and
analyze the potential for expansion and how to address the concerns. Mr. Shuford will
return with further research and recommendations.
Bill Zinzow recommended the City limit the size of signs' bases. He said Church's
sign is offensive and circumvents the City's ordinance. He spoke of the Task Force's
concern about a proliferation of similar signs in the community. He suggested if every free
standing sign in the City had a lighted pole, the City would have a problem.
On January 31, 1994, the Commission scheduled revisiting the selection of a
permanent City Manager in sixty (60) days. Mike Laursen, Human Resources Director,
presented several options: 1) appoint the Interim City Manager; 2) accept a search firm
proposal at a cost of $12,448 to $15,000 and request the firm initiate a national search;
or 3) direct the Human Resources Department to conduct a national search.
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Commissioner Fitzgerald noted the Charter review committee's evaluation and
recommendation on the organization of City government is due in July. He suggested this
decision should be delayed until the Charter review committee has submitted their
recommendations. Commissioner Thomas noted there has been no indication that the
committee will not recommend a City Manager form of government.
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Commissioner Thomas moved to hire Eliza beth M. Deptula as permanent City
Manager. The motion was duly seconded.
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The Mayor suggested Ms. Deptula could work under both systems because she is
familiar with the City's government. She said a national search would be clouded by this
uncertainty. She supported hiring Ms. Deptula as City Manager.
Commissioner Berfield felt Ms. Deptula has proven herself.
Commissioner Deegan concurred and noted Ms. Deptula was making scheduled
progress. He requested the first three accomplishments listed in the organizational
objectives she submitted in January be included in the quarterly goals report due shortly.
He is impressed 'With her style and felt she was responsible for improved staff morale.
Commissioner Fitzgerald said the Commission should conduct a search to be certain
the City hires the best qualified individual. He noted differences exist between
administration and management and considered Ms. Deptula more of an administrator. He
felt a decision made now would be premature.
tl~;,~/; Commissi oner Thomas said he has never been more impressed with a chief
executive of a business. He complimented Ms. Deptula for her IIhands onll management
style and for meeting with every City employee during her first 100 days. He predicted
Ms. Deptula could be one of the finest City Managers Clearwater has had.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas, and
Mayor Garvey voted " Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
Staff was directed to bring the County Administrator contract, contracts of City
Managers from two or three comparable cities, previous Clearwater City Manager
contracts, and Ms. Deptula's recommendation regarding a fair compensation package to
the Cornmission. Ms. Deptula stated she would bring this forward on May 2, 1994.
Commissioner Deegan noted when Ms. Deptula was appointed Interim City Manager, she
was provided with City Manager wages.
ITEM #23 - Other Commission Action
Commissioner Deegan questioned a letter from Tim Johnson regarding the schedule
for closing the Sand Key Bridge for construction. Mr. Baker said the project is scheduled
to begin in July 1994. The estimated months of closing, January, February, and March
'95, would probably be affected by construction schedules. Once the contractor
determines the dates of closure, the City can seek to influence schedule modifications.
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The contract to build the bridge is with the Florida Department of Transportation (FDOT),
not the City. Mr. Baker said his goals are to best serve Clearwater residents.
Commissioner Deegan expressed concern regarding "sick buildings." He requested
the drapes in the Commission Chambers be cleaned or replaced.
Commissioner Deegan noted the introduction of the Library's long range report
forecasts Clearwater's population will increase to 140,000 by 2000. Since these figures
are incorrect, he felt it is a disservice to base projections and activities on them.
Mavor Garvev asked for a report on changes to Cleveland Street, east of Highland
Ave. Mr. Yauch explained changes were made primarily for safety. Because the road is
38 to 40 feet wide, dividing the road into four lanes allowed only 9.5 to 10 feet width for
each lane. Only about 9,000 vehicles a day travel the road. A three lane cross section
was designed. The outside lanes are now 14.5 feet wide and bicycle friendly. The third
lane, for left turns, now affords better sight distance for left turners, particularly at
Hercules. Mr. Yauch admitted some have complained they cannot pass. Residents had
complained about speeding. The average speed is now at the speed limit. He said the
road is more pleasant now.
Commissioner Deegan noted the report still contains an objective to build a
television production studio in the main library. Since the City has established the
Community Outreach program with TV production capabilities, he felt this issue should be
reexamined.
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.~t\ Mayor Garvey Questioned action needed on a status report regarding beach
renourishment on Sand Key. Mr. Baker reported this was just a report. He stated the
County is the lead agency for this project and should City action be required, it will be
brought forward.
ITEM #24 - Adiournment
The meeting adjourned at 4: 54 p.m..
ATTEST: ~~. fL, ..0" _
City Clerk
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(Revised 10/19/93)
BUOGE,T ADVISORY COI\1MITTEE
Exhibit A
Pl'OI>osed l\1.ission StatCI111~l1t
cc 4/4/94
1. PURPOSE
The City Commission deems it desirable that there be a Citizens Hudget Advisory Committee
for the purpose of reviewing and making recommendations to the Ci ty Co 111 111 ission with respect
to the municipal budget. Subject review will include, but not be limited to, the City Manager's
annual recommended budget for the City of Clearwater. The Committee will also address and
respond to budgetary-type matters referred to the Committee by the City Commission.
The Committee shall commence work on next year's budget on October 1st each year in order
to have impact before the City Manager's proposed budget is submitted in July.
2. OBJECTIVES
To make recommendations to the City Commission to reduce expenditures through efficiency
without affecting level of services to citizens.
To make recommendations to the City Commission on possible new revenue sources and or
alternative funding sources.
To review the budget process and make recom mendations to increase citizen awareness of the
process.
To hold a joint meeting with the City commission at least once each quarter to review progress
and recommendations.
3. PROCEDURES
There shall be five members on the Committee. Each Commissioner shall appoint one member.
Term in office shall run concurrent with Commissioner's term.
All meetings shall be held in City Hall unless otherwise arranged by the Budget Director.
Meetings are subject to the State Open Meetings and Records Act, and minutes shall be kept.
It shall be the duty of the City Manager through the Budget Director to furnish the Committee
from time to time with information on issues and proposals that are being considered which
would affect the annual operating budget, and with a copy of all budgetary documents and
related information.
Recommendations of the Committee and copies of minutes shall be formally transmitted to the
City Commission within one week after each Committee meeting.
Requests for in formation shall be by consenslls of the Committee and in keeping with the
Commission policy. Staff projects requiring more than eight hours of work must be approved
by the Commission.
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APPOINTl\IENT OF COl\11\lITTEE I\1El\1BERS
Exhibit A
cc 4/4/94
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After three consecutive unexcused or a total of four committee absences withill a twelve month
period, the appointing Commissioner will be notified of the automatic removal of the Committee
member and require the COl11missioner's immediate replacement action.
If the Commissioner fails to fill the vacancy within one month of notification of removal, the
Mayor, with the con.currence of the City Commission, shall appoint a replacement.
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Membership on the Citizens Budget Advisory Committee does not preclude appointment to other
City boards.
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