01/03/1994 (2)
~, "
. '\"
, : , .. ~",
~ 1,
, '
.,-
, .
"
,
, '
.,'
"
I.r 'c
, ,
,
,\.~ ~<: : '. > ,:,
~ J ' .
'r
"
(it{f,;<'.f J: :::\':/ ';" .
~"j.., ""'~ " .,' _ ,t ./ . ..'
r~~t<:"{:i::;:')"',:r~,~' ~~.'i:',.., :~': ,: j ',., '
tri,: I' ~ ,c :' f:..~. t.:' '." l' . <' JI '
i~f~~,:1:)~;::"ij;;,;;::~:,>),.,:,. : ,:, .
{~tt~ti:~,t.~tt~i~~.t4i'~~.~'1.t],~~;;W!~~~,~;;~~'.-:;': ,.l":'rj~. .~/. ...~ i' ~: to .....~,~
. ,
"
Ii'
,.
"
"
..'
i'
"
"
, ~
f.
. ~ J
.'
;if,;~:. J~
I' .. ,
J:" "
.;:. '
,1'"
~.i'.'" .
~ . .'
'"
J ,
'.
V;',
t.'
"
>,1:.
I:j<'.
, :;;~
;~ ~
" ~
J;~~' "
~: :~.'
." i <
1",. .
; ~ "
,
"
".
f,'
q~c" ~:,".!..~<'.
. "
: .. ,~
"./ < 'j. \:~~'">.~'
.c., , ~.
;.".F ,: :,.: ':,
"
,<
, ,
'C'OMMISSION
,:1
. ~', .
:.,.
i ~ .' ,
~ '" .'
',:, " .
.p:', "
, ,
City Commission
, I
",,.:;.;
1'. '
\,.~,I ;
~'., ~ ..
'"T.'
V .~;,. '.,
01. '
'"
· DinE--WL'l#-
, '.
"".\
, '
"
, .~',
"
I le()1
" .
,.
't '.
;',
"
'r
"
" ,
, .
'I'
. (I:
, I
, j\:
','
~':,t
"
" I
, ,
..,
'\
"
"
.. ,
"
"
t
I
, I,
"
,
. ;
I'
,J
Rita Garvey
Arthur X. Deegan, II
Richard Fitzgerald
Sue A. Berfield
Fred A. Thomas
MayorlCom missioner
Vice~Mayor/Commissjoner
Commissioner
Commissioner
Commissioner
, ,
.i
~,.~i;l':."~.~":: >. ,\:".,..~;.. .~~.
/.. ;.-,\..- ., I ~ '.,
~.'. !.'e~'II:' <','
i. '.C . '" '
.' ,
Ii
to, I
'. ~,'
, ,; ,:
~i~:/:i ,c. ,':,:,:: "'/:',:":;~.:"~"I',",;',:;:':"':~ ;';::i:./,:" '-"., \:,.' c' I ", .
, . ,-
, ,.
.J
,. ,
"'\~
, ""
CITY COMMISSION MEETING
, January 3, 1994.
The City Commission of the City of Clearwater met in regular' session at City Hall,
Monday, Janu~ry 3, ,~994 at 9:03 a.m., with the following members present:
, ,
Also present:
Elizabeth M. Deptula
M.A. Galbraith, Jr.
. WilliamC. Baker
Kathy S. Rice
Cynthia E. Goudeau
Interim City Manager
City Attorney
Acting Assistant City Manager
Deputy City Manager
City Clerk
"
"
The Mayor called the meeting to order. ,
tl.r~'!:
~~
In order to provide continuity for research, the Items will b'e listed in agenda order although
. not necessarily discussed in that order.
ITEM #1 - Service Awards
The December 1993 employee of the month award was presented to Vincent "Jim"
Carino. .
The City Commission recessed at 9:05 a,m. to meet as Community Redevelopment
Agency. The City Commission reconvened at 9:35 a.m..
ITEM #3 - Presentation: Performance Indicators
t
I
t
ITEM #2 - Aooroval of Minutes - None
Carole L. Greiner, Special Assistant to the City Manager, made a presentation
regarding the development of goals, objectives, results oriented budget action plans and
performance. Ms. Greiner reviewed the' process used last year to dev'elop the '93 - .'94
budget ond stated some goals were based on national standards. Ms. Greiner said the first
quarterly progress reports would be turned in shortly. The progress on all action plans
would be documented and reported to the Commission by the end of the January.
'~j
minCC01 a.94
1/3/94
1
l,T '
, . .
I'
~ .
; {
" '
. ,
. ,.
j ,
i'.;".
c\
Ms. Greiner stated that today is the deadline for City departments to submit a list '
of customer service indicator definitions. The deadline for determining productivity ,
indicator definitions for each program is February. Ms. Greiner explained the productivity
indicators and customer service indicators would often overlap. A written report regarding
the Customer Service Indicators will be submitted to the Commissioners by the end of
January 1994. A report on Productivity Indicators will be submitted by the end of
February 1994. .
Ms. Greiner said a city steering committee. along with City staff and,
Commissioners. worked on the Community Consensus project with Dr. Peter Graves, to
define Clearwater citizens' governmental concerns, Ms. Greiner explained that from this
repo~t. the Commission and staff will develop a strategic plan to improve City services
which will become the basis for next year's budget,
'!
I
,
Ms. Greiner said the quarterly update reports and action plans were available in two
three-ring binders and questioned how the Commissioners wished the report to be
distributed. Ms. Deptula stated, that in many circumstances. the "customers" of various,
City departments are City employees and said reports would be given to the Commission'
at the end of the month following the end of Bach quarter.
Commissioner Thomas suggested that one master copy be available for the
Commission and another copy circulated among the Commissioners. Commissioner
Thomas spoke to the accumulative issue and suggested it would be easier to read the
report as it accumulates if each section was presented on a single page.
, I
t1,~,;~
,. .
, ..
Commissioner Deegan noted the report. as presented, was for the use of
management to track progress and review results. Commissioner Deegan stated the
Commission was looking for accomplishment of goals, not each individual action, and felt
the Commission was interested in monitoring whether the results, as approved in the
budget. are achieved. Commissioner Deegan said he envisioned a report with each
department and its objectives and results listed on a separate page.
Commissioner Deegan said the performance indicators lacked a prior commitment
to a specific level of service and asked how a department could view their performance as
satisfactory when no mark was established. Ms. Greiner said the staff tried to identify
benchmarks. Commissioner Deegan suggested a phrase be added that "a baseline will be
tlstablished within an appropriate time period by a specific date for those indicators
needing a benchmark." . '
Mayor Garvey agreed the need to establish a benchmark. The Interi~ City Manager
explained that quarterly reports would aid Commissioners in replying to citizens' concerns.
Commissioner Thomas also concurred with Commissioner Deegan about a simplified report
, distributed to each Commissioner with the master report available to all Commissioners for
research.
~,
minCC018.94
1/3/94
2
~.'
. I
> ~. ~. '~
.., '" ~:J
1.
"
" '\<
J "
..1.:.;
plh.
'{',ol' .
,
Ms. Deptula said the process was more complicated than envisioned and advised
the Commission that the City joined FIG (Florida Innovation Group)., FIG takes part in the
development of a national data base on what other governments do to benchmark
performance r'esults. Ms. Deptula explained this data will help departments analyze their,
results by comparing them with those of other similar communities.
Commissioner Deegan felt this was an important planning process.
Ms. Deptula reiterated her commitment to the process. Ms. Greiner told the
Commission she didn't think there would be a problem with providing summary sheets to
the commission by the end of January.
ITEM #4 - Citizens to be heard re items not on the Aaenda
, '
Tom'Selhorst stated he was working on an economic plan with Mr. Polatty. Mr.
Selhorst requested added resources for Mr. polatty, who he said was working mostly on
community development. Mr. Sellers pointed out that crime and economics were of prime
importance and said he lost $3,000 worth of bicycles when his place was recently
vandalized,
CITY MANAGER REPORTS
CONSENT AGENDA (Items #5-13)
.
ITEM #5 - See Paae 4
, ,
ITEM #6 - Purchase of 15 radar units (5 moving w/dual antennas, 2 moving w/single
antennas and 8 hand-held stationary units), 3 battery packs w/chargers less the trade-in of
4 MPH moving radar units to Kustom Signals, Lenexa, KS, for $26,895 (PO) ,
ITEM #7 - No item.
ITEM #8 - Purchase of irrigation carts & succlies from: Coast Pump & Supply Co., Inc., for
an est. total of $53,739.10; Century Rain Aid, Inc., for $7,178.27; and Rite-Flo Supply,
Inc.,' for $921; for the period 117194-1/6/95, for an est. total of $61,838.37 (PR)
ITEM #9 - Coooerative Agreement with Southwest Florida Water Manaaement District
(SWFWMD) for leak detection training and equipment (PW)
ITEM 1t10 . See Paae 9
ITEM #13 H Sanitarv sewer lien aoreem~ (407 Dorn Dr. M CallaghanHCA)
ITEM 1t11 - See Paae 10
ITEM #12 - Sanitarv sewer lien agreement (2670 3rd Ave. N, Clearwater - Allen)(CA)
L'
minCC01 a.94
1/3/94
3
. ,
. ,
~< ;
'j
(~,.,
Commissioner Deegan moved to approve the Consent Agenda as submitted less
Items #5', 10, and 11 and that the appropriate officials be authorized to execute same.
The motion was duly seconded and cal ried unanimously.
ITEM 1/5 . Aqreemerit for Professional Services with Tampa Bav Enqineerinq. Inc. (TBE) for
engineering services for the Clearwater Gas System Expansion, for a term of 3 years in an
amount not to exceed $319,928, subject thereafter to renewal for 3 years and further
extensions by mutual consent of the Commission and TBE (GAS) .
On November 1, 1993, Clearwater Gas System (CGS) solicited Request for
Proposals from outside engineering firms for engineering services related to the expansion
of the Clearwater Gas System in' Pinellas County and Pasco County. Two (2) fjrms
submitted Proposals, King Engineering Associates, Inc. and Tampa Bay Engineering, (TBE).
The selection committee unanimously selected TBE, as the top-ranked firm, based on the
strength of TBE's experience in utility design, permitting, relationship with the Florida
Department of Transportation, and the ability to complete the project within the required
time frame. In accordance with the State of Florida's Competitive Consultants Negotiation
Act, staff entered into negotiations with the top-ranked firm, TBE of Clearwater, Florida, to
prepare a consulting contract for execution by the City Manager and City Commission. An
agreement has been reached with TSE and is recommended for approval.
Under this contract, TBE will provide professional engineering services to develop a
recommended construction route; surveying; construction plans; coordination with State
and county agencies; obtain all required permits; develop construction schedule, prepare
estimate of construction costs; prepare AUTOCADD base mapping systems; and other
(") .services as may also be needed to accomplish eGS's expansion planhing requirements.
TSE will also provide construction management, inspection, record drawings, and related
engineering as may be necessary to complete individual projects. Project assignments will
be made as services are needed for a period of three years from the execution of the
Agreement for Professional Services.
The contract is structured for a three year time frame with provisions for a three
year extension thereafter with the approval of the City Commission. Each year the
Commission will approve budget requests to fund the proposed projects under CGS's
applicable Capital Improvement Programs (CIPs). Upon City Commission approval of '
eGS's operating and capital budgets, the City Manager will enter into specific work order
agreements for professional services with TBE in amounts up to $100,000.
Notwithstanding the Commission's approval of the initial Planning Design Study, total
compensation for all services shall not exceed $100,000 for any single work order unless
specifically authorized by the City Commission.
!
I
;
1
,>
i
, ,
This contract covers two key areas, a Planning Design Study for e>cpansion into
Pasco County, and Continuing Gas Engineering Services which may involve extensions of
,or off of the Pasco andlor Pinellas main'lines and any other associated gas system
engineering work during the term of this contract. The initial not-to-exceed budget for the
, lj
minCeD 1 a.94
1/3/94
4
C"
Planning Desigfl Study is $169,928. The Dstimated budget for Continuing Gas Engineering
Services is $150,000 for a total of $319,928. Any remaining budget from the Planning
Design Study shall be available for Continuing Services under this contract.
Commissioner Thomas asked about other bids for this project, specifically King
Engineering which was listed but had no bid attached. Mr. Warrington replied that bids
were taken according to the rules of the Competitive Consultations Negotiation Act
(CCNA), and that King Engineering, along with others, provided the City with complete
studies on qualifications, .
Mayor Garvey asked if this was one of those items where the City cannot ask for
prices first and Mr. Warrington agreed. Mr. Warrington explained the City negotiated the
fee after comparing rates in various categories with other engineering projects the City had
in the Public Works Department and other sources for similar type projects. Based on
these comparisons, he felt Tampa Bay Engineering's bids were right at or lower than other
vendors.
Commissioner Thomas asked why the only dollar numbers pres0nted to him were
from Tampa Bay Engineering when the Commission was about to approve the expenditure
of almost $320,000. Commissioner Thomas said he had no other information and had to
take the staff at their word that other firms would have bid higher prices.
("
,'> '
c .
. ,
'L:
Mayor Garvey replied that other bidding engineering firms don't give prices. Mr.
Warrington explained that Consultant Competitive Negotiation Act (CCNA) bids were
based on skills and experience and price negotiation wasn't done until the second part of
the bidding process. Mr. Warrington said the City did compare the rates of King
Engineering's other contracts with the City, with those of Tampa Bay Engineering.
Commissioner Thomas questioned if it was true that the City had no right to
request two. or three engineering firms to competitively bid on work. Mr. Warrington
explained that under CeNA, which is State law, the City does not negotiate price until
after a firm's qualificati'ons are accepted. Mayor Garvey explained that the City ranks tho
firms and then, after going to the first for price, can go to the second or third if the City
doesn't like the bids provided by the top rated bidder. Elizabeth Deptula, Interim City
Manager, said the Act covered contracts with engineers and certain types of architectural
firms and specifically gave parameters and processes to follow: determine qualifications,
rank bidders, negotiate price. Ms. Deptula said if the City could not reach an agreement
with the top rated firm, the City would then negotiate with the second rated one.
Commissioner Thomas felt this procedure was based on an unfair law and
questioned what the City and the League of Cities had done to try and change it. Mr.
Baker r Acting Assistant City Manager, said the architects and engineers requested this law
for the very purpose of not being required to competitively bid on projects. Mr. Baker said
the firms want the City to examine their qualifications, like one might choose a doctor, and,
then talk about price once the firm is selected. Mr. Baker said the City could compare,
which company had a "sharper pencil" by comparing work load hours but cannot,
according to law, ask companies for hourly price comparisons.
c
minCC01 a.94
1/3/94
5
"
>.:;" "
~- - , 1-
;\ .
(It'.
'I" .
Commissioner Thomas asked if the Commissioners all agreed this was a'n unfair
way to do business, would the Commission, as a body, develop language and formally
request the Pinellas Delegation and the Florida League of Cities to see if they could correct
this issue. Mayor Garvey replied that she needed background information before making a
decision. Commissioner Thomas requested research regarding how this legislature was
adopted and other background information be done.
Mayor Garvey asked whether the Commission could find out what the vote of the
local delegation was on this matter and ask the chairman of the delegation for information.
The Interim City Manager said this legislation had been on the books for a long time and
her staff could also do research and ask the engineering community how strongly they
supported the Act. Commissioner Thomas suggested the engineering community would
fight change in order to avoid competi~ion and, suggested the City Attorney could help with
this, a legal issue.
Commissioner Berfield questioned the expenditure of almost $320,000 before the
City w'as'assured expansion into Pasco County would be approved. Mr. Warrington
explained approval requested was for an overall contract that would allow the City to
'request the engineering services to begin. Mr. Warrington said the first part of those
services was "Pasco County Planning" with a budget of $169,928. Mr. Warrington
explained the Planning Design Study was a three phase project which, according to' the
contract, could be stopped at any time.
Commissioner Berfleld asked when the City would get permission. Mr. Warrington
replied there' was a meeting scheduled for Tuesday morning, January 11, 1994, with the
("J':~ Pasco County Administrator. He felt an agreement could be forged and the framework for
an interlocal agreement could be set up at that time. Mr. Warrington said feedback from
Port Richey was positive but that New Port Richey was waiting for the Pasco County
decision before committing to this project.
.,
Commissioner Berfield questioned why the contract held the engineering company
responsible for obtaining all required permits and questioned why the law firm the City
hired wasn't taking care of them. Mr. Warrington replied the law firm was negotiating
with Pasco County, the cities, and drafting the interlocal agreements. Obtaining permits
. was a process requiring engineering experience and precise specifics. Commissioner
Berfield thought the basis for hiring the law firm was its expertise at. pulling permits. Mr.
Warrington stated the law firm was responsible for obtaining City and County permits but
, not the DOT permits, which was a set process and the responsibility of the Engineer.
Commissioner Berfield questioned the verbiage on the second page of the
agreement, Section IV.A, General Considerations, and asked why it read that the City
wO\.lld pay to get this information for Tampa Bay Engineering who would keep it. Mr.
Warrington said all the information would belong to the City after the engineering firm
obtained it.' Commissioner Berfield pointed out that the agreement read "to remain,the
l
minCe018.94
1/3/94
6
Commissioner Thomas asked if there was a mandate where the Engineer must hold
linen copies for. 20 or 30 years and what the historical procedure was when original
drawings were held outside the City. Mr. Baker replied the Engineer had no mandate but
could keep the paperwork'for inhouse use. Mr. Baker said the Engineer kept what they ,
personally drew and provided the City with Bluelines and reproducible sepia which were
considered "lawsuit originals" and kept in City files for seven or more years.
h.. + '.. :'~, ' .
. '
, .
.;
,
t~'~ ,
(~ '
property of the Engineer." Mayor Garvey said it also stated "the Engineer will furnish
copies to the City upon request. It Mr. Ba ker explained that the paragraph referred to the
originals. the actual linens, but the City would get bluelines and copies for the City's
purposes.
Commissioner Thomas recommended policy be established to retain records on the
location of gas lines and roadways because gas lines were accidently ruptured in the past
because of inadequate mapping. Mr. Baker said a policy existed and the City had a vault
, .
in Engineering that had numerous drawings in it as well as some that were reduced for
storage. The City Clerk stated that all these documents were part of required record
retention and, depending on the actual document, many of Engineers's drawings were in
" the City Clerk's vault on microfiche and kept permanently.
(""
'<', "1
;,j,J... ~
Commissioner Berfield asked if the City would get a copy of everything the'
Engineer did and Mr. Baker agreed. Commissioner Berfield questioned the last, sentence
which read "where such documents are to he filed with governmental agencies," and
suggested that the agreement said that copies were provided only under those
circumstances. She asked if the wording could be changed to read "the City shall be
furnished with copies of all documents it requests."
"
I
Commissioner Deegan pointed out that Section IV.B stated that anything the City
. wanted the City paid for. Commissioner Berfield questioned why the City should be
required to pay for work twice as the City is already paying for the Engineer to perform
. this work. Mr. Warrington replied that the City was paying for the Engineer to do the labor
but when the Engineer produced the sets of drawings on a sepia machine or a blue line
machine, the City paid for this preparation. Commissioner Deegan asked if this was an
"out of pocket" expense and Mr. Warrington agreed, saying this was the standard
language of the City's standard contract for engineering services.
Commissioner Thomas concurred with Commissioner Barfield and stated he could
understand pa'ying for a .second or, third copy but not for the first. Commissioner Thomas
suggested the standard contract be changed to include the copying of one set of City
owned documents. Commissioner Deegan said the contract provided the City with all of
the copies it needed but: extra copies cost more.
~
\.~.'
minCC01 a.94
1/3/94
Mayor Garvey said the agreement says "all original sketches will remain under the
Engineer" and questioned Mr, Baker if that means the City won't get a copy of anything.
Mr. Baker explained that the Engineer rolled his printing costs into his direct costs instead
7
"':'T':'~;),"';.Jr;(~;;..id~.!"3 ~,l!t~:;';~~t~:x~~~~.t. -::'\"" ~\~ '
"
. ,.. ~ (. . L '.;. I .:"
" ;
, ,
:t. t~: \ .
. ,t.
'r'
f, .
of including them in the direct service fee. Mr. Baker 'said tho City was paying for the
Engineer's thinking and work but that printing, as well as other costs, like telephones,
, were structured differently.
Mayor Garvey asked if the City would be given copies as a part of this contract.
,Mr. Baker said the City would have all the copies it needed but would have to pay for the
printing because that was how the agreement was structured. Mr. Baker said the City
could negotiate a contract where there' were no charges for copies but the Engineer would
list more employees. like draftsman, on the project and charge the City that way.
Commissioner Thomas asked for an estimate on the printing costs of a full set of
documents. Mr. Baker estimated less that $2,000. Commissioner Thomas noted the cost
was incidental and less than one percent of the gross contract and asked Mr. Baker if he
thought this agreement, with the additional 1 % cost, was still a better deal than the
unknown' prices from other engineering firms. Mr. Warrington said he thought this
agreement represented the lowest and best comparable price.
Commissioner Barfield pointed to Section IV.F. on page three, asking who pays for
copying the City's documents. Mr. Warrington replied the City paid for everything.
Commissioner Berfield asked if the City would charge the engineering firm for copies 'since
the engineering company wanted to charge the City and noted the agreement seemed
balanced in favor of the engineering firm.
C' :
Mr. Baker said the City didn't want to charge Tampa Bay Engineering because it
. was to the City's advantage that the firm had access to this important knowledge when
working for the City. Commissioner Barfield stated that this agreement for almost
$320,000 should ,include $2,000 worth of printing and felt the City should taka a stronger
stand'on these agreements so they don't cost more than they need to. Mayor Garvey
pointed out that everything the City gets,' it pays for. Commissioner Berfield stated that
depended on how the contract was sot up and how good the City negotiated its price.
Commissioner Borfield moved that the agreement be changed so that General
Considerations IV., Item A, read that the City be furnished, free of charge, with no
increase in price, one set of completB documents for the City's use. The motion was duly
seconded.
,I
,
Commissioner Fitzgerald felt the Commission members were taking the whole issue
out of context and suggested the Commission review the agreement which he said
covered the information Commissioner Berfield was requesting. Commissioner Fitzgerald
felt it was the Engineerlng firm's intention to provide the information at no cost, only
charging extra for additional requests. He didn't feel a change was necessary.
Commissioner Berfield felt the Engineer planned to charge the City for copies of
documents.
Commissioner Barfield asked the Interim City Manager if the City would pay for
copies of documents. The Interim City Manager replied the City would pay on a per page
basis for each copy roquested. Mr. Warrington stated the agreement included the labor
l~
minCeD1 a.94
1/3/94
8
'I' e'
. . -.
,j .'~' ~, .:.
:' :'.,.. . I.
'/'.' .
("
rate by type of employee plus direct expenses, the category printing fell into.
Commissioner Deegan stated he thought Section IV., Item A, read that the Engineer's
projected costs included furnishing copies of documents the City required to go forward
with the project and Section IV., Item B, coverod' copies of other documents not normally
requested by the City. Commissioner Deegan questioned the motion and asked what was
meant by Ifcomplet8 set of documents" and requested a clearer definition. ,
Mr. Baker suggested the Commission approve the contract with the proviso that
. the City receive, free of charge and at no additional cost, one complete set of necessary
documents {plans, specifications, and pertinent sketches}. Mayor Garvey suggested that
Mr. Baker was saying that the Commission doesn't need to amend the contract. Mr.
Baker agreed find recommended,just a proviso be adopted.'
Commissioner Berfield amended her motion to include "all necessary documents for
the City's use," The change in the motion was accepted by the seconder.
Upon the vote being taken to accept the motion to amend Section IV., A of the
agreement, Commissioners Deegan, Fitzgerald, Berfield, and Thomas voted "Aye." Mayor
Garvey voted "Nay." Motion carried.
Commissioner Thomas moved to approve the contract with Tampa Bay Engineering,
Inc. for engineering services for Clearwater Gas System expansion as amended. The
, motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald,
Berfield, Deegan, and Thomas voted "Aye," Mayor Garvey voted ItNay." Motion carried.
, ,
. (> ITEM #10 - Contract for Court Street Widening (from Prospect Ave. to Missouri Ave.) to
Suncoast Excavating, Inc., Ozona, FL, for $674,674 (PW)
The purpose of this project is to provide widening improvements on Court Street
from Prospect Street to Missouri Avenue with a major intersection improvement at
Greenwood Avenue. This section of Court Street is a capacity constraining bottleneck due
to its present width being only four ten-foot wide lanes and not providing for left turn
storage or adequate corner radii at the Greenwood intersection. Court Street carries
approximately 17,500 vehicles per day; the implementation of on-street parking on
Cleveland Street will result in a significant diversion of through traffic to CC?urt Street.
I'
.,
i
i
The widening of Court Street will provide a five lane cross section connecting the
one-way pair of Court and Chestnut Street with the widened section of. Court Street at the
Missouri Avenue intersection. The improvements at the Greenwood intersection will also
permit northbound and southbound left turns. movements presently prohibited because of
the constricted intersection. Stormwater treatment will be accomplished in a shallow'dry
pond located at the site of the former Utilities Annex building.
The Metropolitan Planning Organization and the Florida' Department of
Transportation acknowledge the importance of this wider.ing project to the Cleveland
Street parking issue. In ad~jtion, this improvement will be a significant factor in any future
plans to "swap" Cleveland Street for Court Street for a future State Route 60 alignment.
c.-
minCC01 a.94
1/3/94
9
, .
, ,
. /,.
~-:' ~.~. ;
~ , r. . .
'. .
('\
~
Commissioner Thomas stated he supports this project but expressed concern that it
is schoduled at the time of year with the heaviest traffic while also changing Cleveland
Street to a two lane road with on"street parking. '
Mr. Yauch stated staff realized this was peak season and estimated about 20% of
the traffic would be diverted off of Cleveland 'Street because of construction. Mr. Yauch
said at least one traffic lane would remain open in each direction on Court Street and
signal timing changes would be made as necessary to move the traffic. Commissioner
Thomas suggested a four month delay, resulting in a starting date of June 1 or May 1,
1994.
Mr. Baker replied the staff gave the timing of the construction a great deal of
consideration. He explained the City tries to spread work throughout the year in order to
get better prices. He did not feel there would be an inordinate amount of traffic back up.'
. Commissioner Thomas asked if left turns would be forbidden at Greenwood and Mr. Yauch
agreed. Mayor Garvey observed that it was to the City's advantage to complete the'
project as soon as possible. Mr. Baker agreed and said the project came in $100,000'
under budget. Mr. Baker said he had confidence in Mr. Yauch's ability to. fine tUne traffic
movement during construction. Commissioner Thomas stated the only way he would
approve this was if east and west left turns were forbidden at the Greenwood-Court Street
intersection'until the project was complete. Mr. Baker agreed that no left turn would be
allowed if there was only one lane of traffic. Mayor Garvey asked if that was a part of the
origInal plan and Mr. Baker agreed. .
fA.:.. Commissioner Fitzgerald moved to approve Item #10. the Court Street Widening
~~ from Prospect Avenue to Missouri Avenue. The motion was duly seconded and carried
unanimously.
ITEM #11 - Amendment to agreement with Pinellas Suncoast Transit Authoritv (CM)
Staff recommends the approval of a second amendment to the existing contract
with the Pinellas Suncoast Transit Authority (PSTA) terminating the Jolley Trolley service
the PSTA provides on the beach effective December 31, 1993, or upon the
commencement of operation of the service by Jolley Trolley Transportation Corporation of
Clearwater, Inc., whichever occurs first.
Commissioner Fitzgerald questioned if there would be a response to the letter from
Mr. Badeau regarding compliance with ADA. Commissioner Thomas said his staff was
sending letters to the City Attorney and Alan Zimmet, Attorney for PST A, with a copy of
Mr. Badeau's letter asking for their opinions. Commissioner Thomas suggested the Jolley
Trolley, being a non-profit agency, may function under rules different from other transport
companies. Mayor Garvey said Mr. Badeau observed, that since the City was funding the
Jolley Trolley, ADA rules would apply. .
Commissioner Fitzgerald mentioned the need to evaluate this concern and felt that
Mr. Badeau had raised a valid point. It was agreed the Jolley Trolley Corp. should
respond, as well as the City and PST A Attorneys.
l_
rninCC01 a.94
1/3/94
10
", . : ~ .~
I ; ~ J
\,
. .1
, ,
" '
~ ~ 1
"
, ,
~ J . _',' . 1 , , I 'J '
~,
\'.1,.:'
Commissioner Fitzgerald moved to approve Item #11, the second amendment 'to
,the contract with the Pine lias Suncoast Transit Authority (PSTA). 'The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
'ITEM # 14 - Demolition Contract - 630 Drew St.. Old Ice House (Bid to be opened
12/23/93)
The structure known as the "Old Ice House" located at 630 Drew Street was
declared an unsafe structure by Clearwater's Building Official on July 18, 1993, in
accordance with Subpt. C, Article VII, Section 47.161, Clearwater Code of Ordinances.
The owner was given until August 21, 1993, to comply with the Notice of Unsafe
Building.
. The owner did not appeal the Building Official's Notice of Unsafe Building nor
comply with the order. The case went to the Municipal Code Enforcement Board on
September 9, 1993. The Board ordered that corrective action take place within fifteen
days or a $100 per day fine be placed on the owner.
The owner filed for a permit with a timetable to complete work, but no action was
taken. Therefore, on October 12, 1993, another Notice of Unsafe Building was issued.
The Notice gave the owner until November 12, 1993 to complete repairs, or the City
would take action to cause demolition of the unsafe building.
~% '
~,
On November 15, 1993, a title search was ordered,.as well as a request for bids
for an asbestos survey. The asbestos survey found some asbestos, requiring what is
known as a "wet demolition." This requires keeping the structure wet during demolition,
and disposing of the asbestos materials to an approved site. The title search revealed that
lne owners are Robert Schoeller and Cynthia Daniel with Republic Bank as the mortgage
holder. Information has been supplied to them since the beginning of the project.
The Purchasing Division advertised for bids, and opened the bids on December 23,
1993. The contract was awarded to the lowest responsible bidder meeting all of the bid
speCification. The bid was awarded prior to City Commission approval because of the
emergency nature of the pr()ject.
After demolition is completed and the contractor is paid, a lien will be filed on the
property for all demolition costs.
The Interim City Manager reported this item was to ratify and. confirm the City
Manager's awarding of the contract. She stated the Commission was aware of the history
of the Old Ice House. After awarding the contract, the City received a letter from Timothy
Johnson, attorney representing the current o~ners, requesting the demolition be delayed.
L/
minCC01 a,94
'/3/94
11
!
, I
. ,
..
..
.1, '
jL "1
"
,.,
o
I.,.
Mr. Johnson stated Mr. Schoeller and Ms. Daniel have owned the property tor
approximately three years which includes the time when it was damaged by fire. The
Sunset Air Conditioning property. immediately adjacent to the east, has recently beon
purchased and it is Mr. Schoeller's plan to create an art gallery out of the two buildings.
(,.~
~~.,
" Mr. Johnson acknowledged Mr. Schoeller had not moved forward at an acceptable
pace but assured the Commission they now had Mr. Schoeller's attention on this matter.
Mr. Johnson claimed Mr. Schoeller wanted to save the Ice House because he believed it
had historic and aesthetic value. Mr. Schoeller is proposing an ambitious and realistic
renovation schedule for the Ice House that includes submitting construction drawings to
the City no later that March 31, 1994, commencing construction no later that May 16,
1994, and completing construction by December 31, 1994. Mr. Schoeller proposes to
place in escrow with Johnson's law firm, $15,221, the amount of Phoenix's bid, to be
paid over immediately to the City in the event Mr, Schoeller is late by one diw in either
filing his construction drawings or in commencing construction. Mr. Johnson asked that if.
Mr. Schoeller starts construction on time, this money be paid back to him. Mr. Schoeller
will award a construction contract that contains a penalty provision to pay the City $100 a
day. for every day construction is not completed beyond December 31, 1994.
Mr. Johnson said this schedule was worked out with Mr. Bomstein, owner of ,
Creative Contractors, tlie property immediately to the west., Mr. Bomstein has complained
in the past about the condition of the Ice House. Mr. Bomstein has submitted a letter
encouraging the City to enter into this agreement as long as the time table is strictly
enforced. Mr. Johnson suggested this binding agreement represented an opportunity to
save an historic building.
Commissioner Thomas asked Mr. Chodora, Assistant Director of Central Permitting,
how many time Mr. Schoeller had made agreements with the City that he failed to keep.
Mr. Chodora replied two, beginning with the original timetable presented after the fire in
November 1991. Commissione'r Thomas asked if Mr. Schoeller came to the City with
plans at that time. Mr. Chodora' replied Mr. Schoeller had presented a letter stating ho had
plans to renovate the building into a gallery but no plans were submitted. Commissioner
Thomas asked if when a building becomes a public hazard, step number one was to obtain
written commitment from the owner that action would be taken, Mr. Chodora agreed that
this was the normal first step and was usually followed up with a schedule.
,
Commissioner Thomas asked again for the first date Mr. Schoeller stated he would
correct the problem.. Mr. Chodora stated that on November 18, 1991, Cynthia Daniel .
wrote the City and said that the owners ,still intended to proceed with their originnl
intention for the building even though the fire presented unexpected challenges but
mentioned 1')0 dates. Commissioner Thomas asked about the next step. Mr. Chodora said
the next step would be a request for permits. The owners came to the City with requests
for permits for demolition of the fire- damage and 'the interior of the structure in December
1991. The interior demofition, removal of all of the fire damage and some other interior
partitions was completed. Commissioner Thomas asked jf this was completed in a timely
manner back in 1991 and early 1992 and Mr. Chodora agreed.
.l" ,
.'
minCC01 a.94
1/3/94
12
, .
, .
OJ! .
i,
r'~,'
,
Commissioner Thomas asked if the City tried to get the owners to do anything after
that date, Mr. Chodora stated the City had several correspondences with the owners
between 1992 and'mid 1993 when the City started to actively pursue this matter.
Commissioner Thomas asked if the owners made any other commitments to Mr. Chodora.
Mr. Chodora stated after the City took the owners before the Code Enforcement, Board, he
received a letter from Thomas Everett Lamb Design and Development, Inc. that included a
schedule for temporary shorino of the walls and dates for engineering inspections. '
Drawings were to be submitted by September 29; a fence with warning signs was to be
installed;' the east wall and chimney were to be addressed first with construction to begin
on October 4, 1993.
The drawings .were not received until October and described temporary renovations
to enclose the building and make it safe. Commissioner Thomas asked if the owners did
this. Mr. Chodora said the owners made an attempt after the City's second notice,
advising them they had seven days to obtain the permits and complete the work. Mr.
Chodora said it was after that notice in November that the temporary measures to shore
up.the building commenced. A letter from the owners' engineer was received in late
November stating'the work had been completed but the, building was 'still subject to wind
damage because it lacked a roof.
{~ ';
~ "
Commissioner Thomas asked if the owners had ever given the City plans to
renovate or rebuild this building. Mr. Chodora said no plans for a final building were
submitted, Commissioner Thomas asked if the City followed the old or new code. Mr.
Chodora replied the City cited the owners under the new code on October 15, 1993 when
it took attect.
Mayor Garvey pointed out that Mr. Chodora was talking about October 1993, and it
was now January 3. 1994 and nothing had changed. Mr. Chodora agreed, adding that
after the City cited the owners under the new code sections, the owners did begin to
board up some of the windows and did do some temporary shoring.
Commissioner Fitzgerald asked whether the Municipal Code Enforcement Boord '
(MCEB) $100 a day fine had been collected. Mr. Chodora replied the fine was still
running. Commissioner Fitzgerald asked Mr. Johnson if this was correct in accordance
, with his information. Mr. Johnson stated the fine was subject to question.
Commissioner Fitzgerald questioned if this was an historic building. Mr. Chodora
indicated he was not aware of anything that would make it so. Commissioner Deegan
questioned if the MCEB had taken action to place a lien on the property. Mr. Chodora '
indicated they had.
Commissioner Deegan questioned other costs incurred by the City prior to bidding
out the demolition contract. Mr. Chodora said he had the figures for outside costs and
could estimate how many hours of staff time were expended. Commissioner Deegan
asked about other outside COftS and Mr. Chodora listed the title search and asbestos
report .
'L",
minCC01 a.94
'/3/94
13
Commissioner Thomas asked the City Attornoy if the City had followed all
necessary steps to legally demolish the buildIng and the City Attorney agreed explaining
notice had been given to the owner and the building posed a threat to public health and
safety. Mr. Chodora added the roof was missing, there was constructional deterioration of
the inside columns, many windows were not boarded, part of the eastern wall was down,
and it was possible for transients to access the building which posed a health and safety
issue for those persons.
"
\'.
,I':" \
~ .. \
C'
Commissioner Fitzgerald mentioned his concern that the Commission had nothing
showing them what the owners planned to do with the building. Mr. J.ohrison replied that
he. could only describe it because there was nothing on paper. The plans aro to internalize
the Ice House with the front of the 'building being glass, the loading' dock area and the big
back room would be galleries. He only had a general idea about the plans to tie it together
with the air conditioning building. Mr. Johr:'1son explained various reasons why the work
had not yet been completed and said they, were trying to correct the problems of the past.
He asked the Commission to look at trying to save the building. Mr. Johnson said Mr.
Schoeller does have the financial wherewithal to achieve these promises.
t':)
'It" ."
Commissi oner Thomas requested Mr. Schoeller place $100,000 in escrow and
reimburse the City by January 18, 1994 for all expenses incurred by the City to this point
including staff and out of pocket costs, that the development include the renovation of the
Sunset Air Conditioning Building and court yard, with that project running sixty days
behind the Ice House schedule, and the non completion clause in the construction contract
should be $1,000 a day payable from Mr. Schoeller to the City. Commissioner Thomas
said if construction did not begin in time, the $100,000 would be a fine for failure to
commence and the City would proceed immediately with demolition.
Mayor Garvey expressed concern that the immediate safety issue was not being
dealt with, Mr. Chodora suggested that within ten working days the building be made
structurally safe with the walls securely anchored against wind damage and access to the
building be limited. Mr. Baker recommended immediate upgrades include the best
industrial type. chain link fence that secures the building against access and that all
obvious safety hazards be taken care of.
There was consensus that the cost of demolition, if necessary, would be taken out
of the $100,000 held in escrow, but not the expens'es incurred thus far by the City.
Commissioner Deegan also noted the Commission had no jurisdiction over the fine enacted
by the Municipal Code Enforcement Board.
t .
~I
minCC01 a.94
1/3/94
, Commissioner Thomas moved that the Commission postpone Item # 14 until the
. January 18. 1994 meeting giving Mr. Johnson's client ten working .days to totally secure
the site as outlined by Acting Assistant City Manager Baker and until noon on January 1 2,
1994 to develop an agreement with the City on the procedures and penalties for
proceeding with the renovation of the Ice House and the Sunset Air Conditioning Building.
. The motion was duly seconded and carried unanimously.' .
14
~~:t/~~,I':' ,':' :~ '. .':
'J
II
, ,
. "
. ,
l.
" . ~
)
,';<
I,"" ,
, ..:~.;:.:'.\'.~.~;,;,,;~~,~, ,:~': . :<.. .::~.~ 'e:. ..:~ ~.::" .,
. "
Commissioner ',Deegan expressed some concern regarding the monies held in
escrow being returned to the owner once construction is commenced. Ms. Deptula
advised the Commission there would be a cost to hold the demolition contract.
iTEM #15 - Environmental Advisory Co~mittee M 1 appointment (elK)
e
Commissioner Deegan moved to appoint Whitney Gray. The motion was duly
~econded and carried unanimously.
ITEM #1 6 - Librarv Board - 1 appointment (eLK)
. ,
, ,Commissioner Fitzgerald moved to reappoint Thalia Kelsey. The motion was duly
seconded and carried unanimously.
ITEM 1/17 . Develooment Code Adiustment Board. 1 appointment (eLK)
Commi~sioner Deegan moved to reappoint Otto Gans. The motion was duly
seconded and carried unanimously.
ITEM # 18 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
.'
Resolutions
. ,
. ITEM #19 - Res. #94-2 - Demolition lien (808 Eldridge Street)
The City Attorney presented Resolution #94-2 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #94-2 and authorize the
appropriate officials to execute same. . The motion was duly seconded and upon roll call.
the vote was:
HAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #20 . Res. #94-4 . Lot clearing
The City Attorney presented Resolution #94-4 and read it by title only.
Commissioner Fitzgerald moved to, pass and adopt Resolution #94~4 and authorize the
ITEM #21, - Res. #94-6 ~ Demolition lien resolution to correct Res, #93"73
The City Attorney presented Resolution #94-6 and road it by title only.
Commissioner Deegan moved to pass and adopt Resolution #94-6 and authorize the
'~
I
minCC018.94
1/3/94
15
. )}
I.:
, I
"
! "
i,
J ~
I
I.
I
, ..
, i
"
.'
. ~,e ;,; P', ~!.. Ie
l }, .-~~'!' :,. 4.>:' ,; .
;,', ~ ,"- '. \ ; I..
, ! ~ ,~
. . ~ .
, <
.~ ,
"
,"1 :
, I
:< 1
. ,
':{
I
;;:'_,: i, >,.;',' I ~.,,:':,\>.
l... ", , ," ,
~ ,'~ \ ' ; , . l r, l ~,'. '
c'
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was: .
"A yes": Fitzgerald, Berfietd, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #22 - Res. #94-8 - Amendina Rule 10 of The Rules of Procedure of the City
Commissiqn relating to the conduct of its business. to provide for Citizens to be heard re
items not on the Agenda during regular night meetings, before public hearings. with
limitations as to number of speakers and time
, '
I
The, City Attorney presented Resolution 1194-8 and read it by title only.
, Commissioner Thomas moved to pass and adopt Resolution #94-8 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the v,ote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
t'
,..!,
, ';oJ
. 'J'
Commissioner Thomas requested a sign clearly stating the new procedure be put up ,
In Chambers'. Ms. Goudeau, City Clerk, indicated this would be done, Ms. Deptula
~ecommended a sign 'regarding the new procedure also be placed in the lobby.
ITEM #22a - Res. #94-'0'- Authorization of City Officials to sian City checks
The City Attorney presented Resolution #94-10 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #94-10 and authorize the
. appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald. Barfield, Deegan, Thomas and Garvey.
"Nays": None.
The !'fleeting recessed from 11 :23 to 11 :34 a.m.
ITEM #23 - Other City Attornev Item~ - none
6 ,"
~
minCCO 1 a.94
1/3/94
ITEM 1/24 . City Manaeer Verbal Reoorts
Betty Deptula, Interim City Manager, stated several meetings needed to be
,scheduled: 1) Bargaining session, 2) Sign variances, and 3) Strategic planning in
conjunction with the Community Consensus Project. She also suggested the Commission
change its rules to allow for an Executive Session after the Monday morning business'
~eetings to allow for presentation ~nd/or discussion regarding particularly complicated
16
~~.::',
~... ~ :' ~ ~ "
. . '~ . E L
+, I'
'!
\. :"
. ~ ' ~
; .'
, ,
,"I .
., '
. '.
, '
l,
.' :... ~
r\
\ '
issues. There was some concern regarding the business meetings not concluding in time
for a separate session. The Commission agreed to allow the Interim City Manager to
schedule Executive Sessions.
Ms. Deptula requested the closed door bargaining session with Deputy Manager
Rice be scheduled for the afternoon of January 31, 1994 following the regular businoss
meeting. Mnyor Garvey clarifled that this meeting will be held behind closed doors in
accordance with State law,
ITEM 1124a - Schedule Sian Variance Meetinas
The City Clerk advised the Commission that, according to Mr. Shuford, Central
Permitting Director. the current backlog of 105 sign variance cases was increasing by
three or four cases per week. Commissioner Thomas suggested the COl'Dmission review
25 cases at a time every other week with the most serious cases being considered first.
Ms. Rice said Central Permitting does prioritize cases. A sign variance meeting was
scheduled for 'January 24, 1994 at 9:00 a.m..
Commissioner "fhomas moved that sandwiches be brought in as part of a thirty
minute lunch break this meeting. The motion was duly seconded. Commissioners
Berfield, Deegan, Fitzgerald, and Thomas voted "Aye," and Mayor Garvey voted "Nay."
Motion carried.
C"
. .' ~ '~l
~. ~ I
,I
Additional sign variance meetings with 25 cases each were scheduled for
February 7, 1994, March 7, 1994, and March 21, 1994. All meetings to begin at
9:00 a.m..
The InterifTl City Manager said that Dr. Peter Graves' presentation to the
Commission and the Community on the results of the Community Consensus Project was
tentatively scheduled for tile Commission meeting of January 20, 1994. After the
presentation is given, the Commission needs to hold strategic planning sessions with Ruth
Ann Bramson. It was consensus to schedule these sessions for February 16, 1994 from
2:00 until 6:00 p.m. and February 17, 1994 from 9:00 a.m. until 1 :00 p.m..
The Interim City Manager advised the Commission that Denise Wilson and she
would be interviewing for the Commission Secretary this week and hoped to recommend a
, candidate by week's end. Once this decision is made, 'the Interim 'City Manager said she
would contact each Commissioner to meet individually with the candidate.
i
'I
The Interim City Manager reported the Human Resources Director has sent requests
for information to eight firms rega'rding the City Manager search. . Responses are due
January 17, 1994. Ms. Deptula stated Mr. Laursen was finishing the salary survey.
Discussion regarding the City Manager replacement would be scheduled for
January 31, 199,4.
at :.l
~'
, minCC01a,94
1/3/94
17
,'..,; .,'. 't '/
J
,
fr~: I "
c
~,.
, ,,'~
"
(./
, .
Ms; Rice indicated Hammer, Siler, George was not willing to update the convention .
center study for $20,000. She also indicated they want to use a separate firm to do the
building analysis. Ms. Rice. said they felt this would hold more weight with the Tourist
Development Council' (TDC). Ms. Rice said they would do this for $41,300 plus direct
expenses which she recommended be capped in some manner. Ms. Rice ,said if the
Commission did not want to use Hammer, Siler, George, the City would need to go out for
bid on these services and the process would be slowed down.
Commissioner Deegan said Hammer, Siler, George would be willing to do the
update of the market analysis for $15,600 plus direct expenses which might get it under
the $20,000 already authorized. Ms. Rice stated TOC personnel indicated the City needed
. both pieces of t,his to be accepted. Commissioner Deegan stated Herry had already done
the analysis of the building and he wasn't willing to authorize spending another $25,000
. to have anoth~r firm do the same study,
Commissioner Thomas said he disagreed with the TDC requesting the City to .
provide another engineering study. Commissioner Thomas requested the TDC tell the City
the total dollars they had collected from the City, where that money was spent, and
provide the City with copies of all advertisements. Commissioner Thomas estimated the
City contributed about $40 million to the TDC and suggested the City look at how that.
money actually was used to redevelop Clearwater's tourist industry.
Commissioner Thomas requested the City Attorney provide him with the guidelines
under which the, TOC was created, how the TDC was to use its funds, and what level of
control the City had over the u~e of those funds.
The Mayor stated it was important to look at possible competition created by the
. proposed Music Amphitheater in Tampa. She repeated her non support of the Dave and
Busters proposal. Commissioner Deegan answered that the Tampa proposal totally
differed from what is being proposed for the former Maas Brothers site. Commissioner
Thomas felt it was ~ime to rebuild Downtown and the proposal for the old Maas Brothers
building was one of the lower cost entrances into that rejuvenation. Commissioner
Thomas stated he would not oppose a RFP being put out for the whole bluff at the same
time the Maas project is being pursued.
Commissioner Deegan moved that the City finalize and complete negotiations with
Hammer. Siler, George, and Associates to do just the update of the market analysis for the
conference center at a cost not to exceed $20,000. The motion was duly seconded:
Commissioner Fitzgerald said he was not in favor of the proposal as he'felt far too
much money had already been spent getting consultants' views on this particular project.
He said he was not in support of the convention center approach as it has been proposed
and hB has severe reservations about the entertainment portion. He agreed the whole
bluff should be considered for development.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas and
Mayor Garvey voted UAye" and Commissioner Fitzgerald voted IINay.1I Motion carried.
minCe018.94
1/3/94
18
/,1 "
~ ...... ..
.' " '.
,('\
Commissioner Thomas moved that the Commission ask the TDC to tell the City the
total dollars they have collected from the City, where that money has been'spent, and to'
provide the City with copies of all print and tape advertisements. The motion was duly
seconded.
Commissioner Deegan asked that this information be requested in a way that was
neither threatening nor antagonist. Commissioner Berfield suggested the request could
include the explanation that this was information the Commission required to make an
informed decision. Mayor Garvey agreed and upon the vote being taken, the motion
carried unanimously.
Ths'lnterim City Manager reported the Chamber of Commerce is very interested in
making a decision regarding the future of its property. There is a reverter clause that
states if the Chamber wants to sell its property, the City is the only one to whom it can be
sold. Ms. Deptula said the Chamber earmarked about $500,000 to remodel the building
but were hesitant to proceed since there has been discussion of redeveloping the whole
bluff. The.Chamber is asking if the City is interested in purchasing the property. She
indicated the Chamber has an appraisal and is willing to negotiate.
Commissioner Fitzgerald felt the City should discuss this with the Chamber.
Commissioner Thomas indicated the Chamber wants $300,000 for the property.
..~~
~,).>.
Commissioner Deegan suggested ~he City discount any appraisal the Chamber has
because the City has no need for the building. It was the consensus of the Commission
that the staff gather more information and present it for further discussion.
Ms. Deptula reported she received a requost from the Downtown Development
Board (DDB) that t1iere be no meters for the new Cleve!and Street Parking. Commissioner
Deegan' agreed it would be much more user friendly, but feared employees would use the
free spaces. He expressed concern regarding the merchants being able to track this and
suggested the Police enforce the parking limits. Peter Yauch, Acting Public Works
Director, said plans were to designate spaces with two and three hour limits. It was the
consensus of the Commission to limit parking to two hours. A report on this program will
be given after the parking has been in place two months. It was requested the police .
enforcement be by foot patrol.
Mayor Garvey said .the Downtown Development Board was concerned that people
are not aware the fine for overtime parking increased to $15, Mr. Yauch stated the .
parking manager was investigating a decal that would be placed on the meters.
Commissioner Deegan suggested a utility stuffer be used to communicate this information
to all citizens.
Ms, Deptula presented the proposal regarding property needed for the City Hall
project to be submitted to the Calvary Baptist Church; Deputy City Manager Rice said the
church would give the City the parcel of land on Pierce Street next to their education
building for $10, in consideration of an easement in perpetuity allowing the church
, exclusive use of the City's parking garage, on Wednesday evenings between 5:00 and
c.:
minCC018.94
1/3/94
19
~ ", .
tl."; ~ . .
. +. . , ., t ~.
+ .' '.~. . J.. , . '".' .
.,'tJ. .
, . "e I. ~
.,. "',
" ~i/: '>'.,
; 'L 1 ,
. .. ~ ~ .
"
t !
I
"
o
9:00 p.m. and Sundays between 8:00 a.m. and 12:00 noon and between 5:00 and
9:00 p.m. Ms. Rice said if the garage beco~es unsafe or is torn down, the easement
would cease.. Ms. Rice indicated if the City does not build the garage and does not need
that property, the property would revert to the church. Ms. Rice said the agreement
would not preclude the use of the garage by City employees engaged in work at City Hall
or the City Administration Building. Mayor GarvGY asked if the public could park there.
Mr. Galbraith replied the agreement was for an exclusive easement so between
those hours it would be exclusively for the use of the Baptist Church with the exception' of
City employees engaged in work at City Hall. Mayor Garvey questioned who would
enforce the easement. It was indicated the agreement does not address enforcement.
Ms. Rice indicated this is to be submitted to the Church on Wednesday, January 5, 1994
and Sunday, January 9, 1 994 and any comments should be submitted to her prior to
VVednesday. .
The City Attorney recommended declaring surplus the City's interest in the garage
during the hours of the easement. Commissioner Berfield asked the City Attorney if there
was a problem with this agreement under the separation of church and state. Mr.
Galbraith said no. '
Ms. Deptula reported Empress Cruise lines still had not complied with all of the
requirements put down by various City boards, had not received their' license from t!1e
Coast Guard, and were not yet operating. Commissioner Thomas questioned if the City
was holding up the operation. Ms Deptula indicated we were not.
~ ITEM 1125 -,Commission Discussion Items
a) Community Response Team/Code Enforcement
Commissioner Deegan has questioned the appropriateness of the name change from
Code Enforcement Division to Community Response Team. He feels the name
"Community Response Team" is confusing to the community because the term was not
clear. Commissioner Fitzgerald agreed the name needs to be something that clearly
communicates what the team does. Commissioner Deegan noted the word "enforcement"
was a little harsh but felt the word "code" should remain a part of the title. He suggested
"Code Implementation Team" which would allow both education and enforcement.
Commissioner Thomas thought the word and act of "enforcement" important and
thought "Code Enforcement Team" a preferable title. Commissioner Deegan asked this
issue be part of the discussion of the Task Force's recommendations, scheduled for
January 31, 1994.
Lt. Kronschnabl stated feedback from the community to the new name has been
excellent. He claimed that by extending courtesy, education, and cooperation; compliance
improved to over 70% and the spirit of the team improved dramatically.
c.
minCCOla,94
1/3/94
20'
;::?,('.',' " "
7.~ I ~ -.<:. ~',
".
,',
'.'
'. ,
,1;L:'. :,
, ,
"
r
b) Fresh Water Supply - direction requested
There will be a presentation on this item during the January 20, 1994 meeting.
c) Vegetation along Memorial Causeway Waterway
In a memo dated December 13, 1993, Commissioner Thomas supported trimming
back the mangroves on the north side of Memorial Causeway. He also recommended
trimming and clearing the overgrown sea grapes on the south side of the causeway.
Commissioner Thomas does not want to cut the mangroves but a lot of other
vegetation in the mangroves should be removed. He suggested the stalks of ssa grapes be
cut back now that the leaves have fallen off for the season. Mayor Garvey suggested
money be appropriated in next year's budget for the difficult procedure of removing non
, native plants like the brazilian pepper trees. Commissioner Thomas asked the Interim City
Manager to accomplish what she could in this year's budget. Ms. Deptula indicated the
Environmental' Advisory Committee is being asked to develop a mangrove management
plan.
Consensus was for staff to proceed with the removal of the vegetation among the
mangroves and the cutting back of the sea grapes.
d) Direction re: Elliott request to be agendaed
d:"~~ In a letter to Cynthia Goudeau, City Clerk, Mr, Jay Elliott alleged that various
~:;' members of City staff "provided shelter, for an individual who has committed a criminal act
against citizen clients of C.D.B.G." and requested the opportunity to provide evidence
supporting his claim during a set agenda item. .
Mayor Garvey expressed concern that Mr. Elliott had been before the City
Commission several times before. She questioned if the City Attorney was aware of
anything new. Mr. Galbraith indicated he was not.
Commissioner Thomas moved to allow an item at the next available Commission
Meeting as long as Mr, Elliott agreed to appear under oath and limit his presentation to ten
minutes. The motion was duly seconded. Commissioner Deegan pointed out the letter
indicated Mr. Elliott had'new evidence. Upon the vote being taken, Commissioners .
Fitzgerald', Berfield, Deegan, and Thomas voted "Aye." Mayor Garvey voted llNay."
Motion carried.
e) Interim City Manager Contract
Ms. Deptula presented her proposed Organization Objectives for the City Manager's
Office with specific goals for key results, the most important being communication.
Communication improvements would include: regular meetings with Commissioners,
, reopening the information win~ow on the first floor of City Hall, and information signs with
()
minCC01a.94
1/3/94
, 21
"
',I
)1
il.
) '
, '
, ,
. ';1
r'
, ,
the dates and description of projects when City employees work out in the community on
projects lasting more that two days. Ms. Deptula noted that management of the '94-'95
budget depended strongly on the strategic plan the Commission adopts.
, Commissioner Thomas requested a goal be added to analyze the use of outside
consultants versus asking staff to complete work. Commissioner Thomas suggested it
may be less expensive to add one or two people to payroll and retain their expertise long
term.
Ms. peptula agreed to do a study, reviewing three years and suggested this project
might well fit under the key result of budget preparation and management. She pointed
qut that often, timelines are an overriding factor in determining the need to go outside.
Commissioner Barfield requested Ms. Deptula add to her key result area titled
Management of the City Workforce an item to let staff know the Commission supports
them. Commissioner Berfield stated she was willing to accompany the Interim City
Manager out in the, field in order,to foster a better relationship. Mayor Garvey felt this
wasn't a goal for the Interim City Manager but was a Commission goal.
. (",
'~ ~~,.
.l,F
. Commissioner Fitzgerald, suggested there was a difference between the roles of
'. managers versus policy makers and accompanying Ms. Deptula might confuse employees
regarding authority. Mayor Garvey expressed concern regarding Sunshine Law'
requirements should more than one Commission member accompany Ms. Deptula to a
meeting. Commissioner Berfield suggested that one Commissioner could accompany Ms.
Deptula in giving awards to let the staff know the Commission backs them.
Commissioner Thomas concurred with Commissioner Berfield that there was a
perceived wall between the elected officials and the working staff. Commissioner Thomas
suggested Ms. Deptula invite individual Commissioners, as appropriate. during scheduled
weekly meetings so, over time, Commissioners could learn and be more exposed to staff
and vice versa. '
Ms. Deptula said it was her preference to invite Commissioners to the more social
meetings instead of the business meetings she conducts with staff. Ms. Deptula stated
the results of surveys indicated the staff's relationship with the Commissioners was
abysmal and staff had a basic lack of understanding of the care and concern the
Commission had for City employees.
I
Commissioner Deegan agreed the Commission needed to protect Ms. Deptula's
authority. He indicated employee support of the Commission was a part of Ms. Deptula's
goal. Ms. Deptula stated employee relations will largely depend on bargaining strategy.
The Interim City Manager noted the process of evaluating the Manager was
cumbersome and difficult. Ms. Deptula proposed that formal quarterly meetings for
performance updates be scheduled. She asked the Commissioners to identify the critical
mana~ement skills they considered most important and to determine on which ones she
'L.
minCC01 a.94
1/3/94
I'
,
,
22
".,1
;. "
"
needed to work. Commissioner Deegan clarified that the performance evaluation was not
based on the skills a manager possesses or lacks but whether the results of goals are '
accomplished. '
~
Ms. Deptula presented the compensation data requested by the Commission
comparing her reimbursement as Assistant City Manager with Michael J. Wright's
compensation as City Manager as well as Mr. Wright's base salary history.
Ms. Deptula outlined her proposal to change the organizational structure. She felt
the old hierarchy was found to stifle innovation and tended to cause a filtering of
information to and from the City Manager. Ms. Deptula proposed an organization where
the three Management team members (the City Manager, Assistant City Manager, and
Deputy City Manager) would function more according ,to their expertise. Ms. Deptula
recommended Mr. Baker, Acting Assistant City Manager, be in charge of all projects and
Ms. Rice, Deputy City Manager, be in charge of the implementation and day to day
administration of the City. Ms.. Deptula noted that in the past, departments were
sometimes unaware of the activities of other departments, and proposed to organize the
departments into four teams. The Management Team would meet with all Department
Directors once a week and with each team once a week. The four teams would be: 1)
Quality of Life, 2) Management Resources, 3) Public Safety, and 4) Infrastructure
Resources.
4(;,.1
~~-,
Commissioner Deegan commended the introduction of modern c'oncepts and
approach. He encouraged Ms. Deptula ,to continue using the word "team" instead of
"committee." Mayor Garvey also congratulated Ms, Deptula as did Commissioner
Thomas,
The Commission then addressed Ms, Deptula's proposed Agreement. Ms. Deptula
pointed out she lives in Dunedin and requested she not be required to move to the City, as
required by the Charter, unless appointed to the City Manager position on a permanent
basis. She asked that the six days of vacation she lost January 1, 1994, due to her
appointment as Interim City Manager, be reinstated. It was the consensus of the
Commission for Ms. Deptula to take the days as either vacation or in compensation,
whichever she preferred.
, Ms. Deptula stated that because she was a member of the City's pension plan she
would not expect the City to give her the 6% of deterred compensation normally given the
City Manager. Ms. Deptula based her request for an annual base salary of $85,000 on the
fact that Mr. Wright's final salary was $88,000 prior to a probable increase of three to five
percent. She also requested a cash bonus of $5,000 if mutually agreed upon goals were
met.
Commissioner Fitzgerald referenced Section 2A under "Term II and asked if Ms.
Deptula returned to the position of Assistant City Manager if her pay scale would return to
its previous leveL Ms. Deptula stated this was her assumption. Commissioner Fitzgerald
questioned Section 2B, wondering if Ms. Deptula resigned her present position if she
would automatically be returned to her previous status. Again, Ms. Deptula indicated this
t
'''"' '
mll1CCO 1 a.94
.113/94
23
r
I
I
i
I
I"
,
I
1
1
I.
f
c,
I
l'
On the vote being taken, Commissioner Thomas voted" Aye." and Commissioners
Berfie'ld, Deegan, and Fitzgerald and Mayor Garvey voted "Nay." Motion failed.
" ',' ",I,' r'i" .-
.... >'.' e
:' ~ ~n," l
!' :j: 'I . >
, ,
, .
, '
), , . .' , ' , ~,. ., . , .., I ,
~~I
was her assumption. , Clarifying language to these tw.o points was requested.
Commissioner Fitzgerald noted that if Ms. Deptula returned to her previous position there
would be a ripple effect and he wanted to be sure all involved ware aware of this. Ms.
Deptula assured him they were.
Commissioner Deegan stated $80,000 would be a substantial increase for Ms.
Deptula and a more reasonable starting level. He also felt the $5,000 bonus was
inappropriate. He felt the biggesfincentive for Ms. Deptula to meet her goals was to be
hired as the City Manager on a permanent basis. .
Mayor Garvey suggested removing the bonus and having a base salary of $82,000
or $83,000. Commissioner Thomas expressed his support of Ms. Deptula stating he had
never been more pleased in the early stages.
Commissioner Thomas moved to appoint Ms. Deptula as City Manager at $80,000
a year plus a $5,000 bonus and a $4,800 car allowance, The motion was duly seconded.
Commissioner De'egan sugg'ested the City wait on this 'decision because a search
would convince all concerned that the search verified the fact that the person chosen is
the best available at the time.
Mayor Garvey felt Ms. Deptula was very qualified but agreed with Commissioner
Deegan's position. Commissioner Fitzgerald 'explained this procedure was common in the
military and concurred that Ms. Deptula was qualified but also felt a search was important.
~"<; Commissioner Berfield stated she too thought Ms. Deptula was a good candidate and
'~y agreed that the search ,should proceed.
It was the consensus of the Commission that the Interim City Manager1s base
salary be $80,000 and to strike Section 4B regarding a bonus. Mr. Galbraith and
Commissioner Deegan suggested that in Section 4A the word, "payable" be moved to after
"per month." Commissioner Thomas reiterated the Commission's desire to also change
Section 2A to end "at the same pay," change Section 28 to end "revert to position of
, Assistant City Manager." and to change Section 4A to read" $80,000." '
\
, 1
Commissioner Thomas moved to approve the Agreement with Ms. Deptula to act
. as Interim City ,Manager. The motion was duly seco~ded and carried unanimously.
l)
minCeD1 a.94 .
1/3/94
f) Waiver of Fees for Jolley Trolley
Commissioner Thomas has suggested the $ .25 fee for going over the Sand Key
. Bridge be waived for the Jolley Tr~ney.
24
ITEM #26 - Other Commission Action
to. '
"
,- .
, '
;:,";','
C!
Ms, Deptula said the Jolley Trolley Company requested the City waive the fee for
passage over the Clearwater Pass Bridge and she suggested if the Commission wanted to
do this', the funds be taken from the general fund to pay the bridge. She stated the
Pine lias Suncoast Transit Authority (PST A) is charge~ $ .10.
Commissioner Thomas moved to charge the Jolley Trolley a ten cent fare for
passage over Clearwater Pass Bridge. The motion was duly seconded and carried
unanimously.
Commissioner Berfield questioned a letter sent through Mr. Shuford to the Pinellas
Planning Council (PPC) requesting the 75% of the cases below the three acre minfmum be
maintained. Ms. Rice indicated that PPC had not yet taken action on this item and staff
was reiterating the City's position.
Commissioner Berfield asked if anyone had completed a form from the Pinellas
Planning Council regarding any recommended changes. Commissioner Deegan said he
tried to' complete the form but did not have enough information. It was suggested
Commissioner Berfield fill out the form as she is the City's representative on the PPC. The
form would then be sent to the other Commission Members to see if they had additional
input.
"
Commissioner Barfield said the Marine Advisory Board minutes contained their
recommendations regarding fis.hing areas and questioned if this item was to be agendaed.
The City Clerk stated it would be on within the next month. Commissioner Deegan
questioned why the Magnolia and Turner Street docks were at the bottom of the list. Mr.
Baker explained the City was already moving forward on those, therefore, the Marine
Advisory Board did not give them a high priority.
Commissioner Deeoan asked when the appointment of an Affordable Housing
Advisory Committee would appear at a meeting. The City Clerk said it would appear
within two weeks.
Commissioner Deegan expressed concern the 30 day grace period for relocation of
newsracks expired and not one that he looked at was changed. Mr. Baker stated the
effective date was January 3, 1994 and said a representative from the St, Petersburg
Times assured him of the newspaper's desire to abide by the code. Mr. Baker said he told
the newspaper the City did not want to call them regarding violations but would prefer,
Instead. they obey the code in a proactive manner. He stated a training session was being
set up to provide inspectors with the exact wording of the code so they could begin
enforcing it. Mr. Baker said if there was a safety issue, the City could remove the rack.
Mayor Garvey suggested the newspaper people be educated by the Community Response
Team. Mr. Baker explained that each newspap'er had been sent a copy ot the code with a
letter explaining the effective date. Mayor Garvey questioned if some racks were put out
by contractors. Mr. Baker agreed, saying they too, had been contacted. Commissioner
LI
minCC01 a.94
1/3/94
25
Commissioner Deegan questioned the status of enforcement 'on signs for which
variances were denied. Ms. Rice stated,the City was following up and is preparing cases
to'the Code Enforcement Board for those who had not complied. She will provide specific
information.
.. ;<..'.1
. -' /
.\ .
...... ' .
c'
Thomas said the City went overboard to assure all parties were informed and felt the City
should pick up the racks. Mayor Garvey repeated the issue was safety and not freedom of
press.
Commissioner Deegan distributed copies of the December 1993 Maddox Report
article on Pinellas County with a section specifically focusing on the City of Clearwater. .
Mr. Deegan pointed out the graph ranking Pine lias County as second in the State for
manufacturing jobs and said there was a lot in the report for the Commission to be proud
of. Mayor Garvey added the Maddox Report was very favorable to the City of Clearwater
over the last two or three years and she would like to thank them.
Commissioner Fitzgerald stated the diversion of traffic on Countryside Blvd. at U.S.
Hwy 19 had occurred and it seemed to be working very well. Commissioner Fitzgerald
said it was' appreciated that the DOT was amenable to delay this diversion until after the
holidays.
,~'~
,
Commissioner Thomas suggested the City pick the top ten code violations and
develop a system where all City employees in a specific week would be on the lookout for
violations of one code. Commissioner Thomas suggested that once this information had
been turned in. letters could be sent out advising citizens they were in violation of the
"code of the week'" 'and offered a certain time period to come in compliance. Ms. Rice
Indicated this could be included in the discussion of the Code Enforcement Review Task
Force recommendations.
Commissioner Thomas suggested now that the new bridge is about to be built and
sensors were in piace that the speed limit on the Sand Key Bridge be raised or curtail
enforcement of speeds up to ten miles over the limit. Commissioner Thomas felt
enforcement of the 15 mph limit had a negative impact on the tourism industry. Mr. Baker
suggested the City ask the consultants if they could recommend raising the speed limit.
Mayor Garvey said most excuses she saw for speeding were flimsy and she could not
agree with a ten mile tolerance. She felt security of the bridge was paramount.
Mavor Garvev expressed concern regarding Senator Kiser's response regarding the
Elms Bill dealing with annexation. Senator Kiser's position is the bill did more to facilitate
the annexation of people's property against their wishes than was his intent.
Commissioner Thomas suggested sending another letter stating the City did not agree with
Kiser's position. Commissioner Fitzgerald suggested Senator Kiser's response reflects no
change in Senator Ki~er's opposition to giving the City any greater control to annex. It
was the consensus of the Commission that the Mayor r~spond in a letter.
d' i
~I;I>
minteO 1 a.94
1/3/94
26
,~ '
'L e
'\ : y.
" ~
hu;":::}: ;}:::~,;:~ :,:;:i,; ;/,.~: i ., . '. .'
., r I
. .1
i;~~:~iJ';';,"';~; ;:,'\>'.,.:, 'J '
r.(,te~'l;''''l;. ',,"- " :- ,'4 ',,, .
'.1'1' . .',
::i; . ' ~ ~ '
. i ,
'.j :- /: T
I;
( .:
t\. '
t~~t.. ~': ", ':,
e . ~ " ,
, .
j'
.. I,: ~ , ~
"~' ...,. "
l,et " .,t
J ,.'
{ .
~~:. .
, '
~.
\:i:~. :
, Mayor Garvey referenced Mr. Yauch's memo regarding possible realignmen~ of
Airport Drive. She Indicated she was not supportive of a signal light at Hercules for
Airport Drive. Mr. Baker said Mr. Yauch waG writing about straightening out the "5" curve
and letting Airport Drive intersect Hercules opposite an existing intersection which would
be a better place for a light'should one ever be needed, although he was not suggesting
one. Commissioner Deegan said the problem was not signalization but that' all the traffic
was forced onto Gilbert and McKinley and 4,000 cars a day go onto Gilbert.
, >~ ~ ,
Discussion ensued regarding the purpose for which the property, on which the road
would be built,' was purchased. Bob Bickerstaffe indicated the pilots would object to the
placement of a road on this property. Mayor Garvey requested more information from Mr.
Yauch, .
Mayor Garvey asked if. advertising on magazine covers for the library was being
addressed. Commissioner Deegan stated it had been referred to the Library Board. The
'Commission will be advised of their recommendation.
ITEM #27 - Adjournment
The meeting adjourned at 4:40 p.m..,
., '
AT'~EST:~ C., .~ .0._
I, " (j" : City Clerk
.~ .:
;1' .
".
.~ :.
" .
--
.'
. <,
"
'.
I,
,L.:J
minCeD1 a.94
1/3/94 ,
27