01/31/1994 (2)
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COMMISSION
City Commission
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CITY COMMISSION MEETING
January 31, 1 994
'The City Commission of the City of Clearwater met in regular session at City Hall,
Monday, January 31,1994 at 9:10 a.m., with the following members present:
Rita Garvey
Arthur X. Deegan, II
Richard Fitzgerald
.sue A. Berfield
, Fred A. Thomas
Also present:
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Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
M.A. Galbraith, Jr.
Peter J. Yauch
Cynthia E. Goudeau
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Mayor/Commissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
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Interim City Manager
Deputy City Manager
Acting Assistant City' Manager
City Attorney
Acting Public Works 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/ 1 - Service Awards - None
ITEM 112 . ApDroval of Minutes
Commissioner Deegan moved to approve the minutes of the regular meeting' of
August 16. 1993. as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM 1/3 . Citizens to be heard re items not on the Aoenda - None
CITY MANAGER REPORTS
CONSENT AGENDA (Items #4-21) - Approved as submitted less Items 6 & 9.
ITEM #4 - Amendment to Florida Gas Transmission Phase III Transoortation Service
Aqreement (GAS)
ITEM 1/5 - Purchase of various aalvanlzed fittinqs and DiDB to D&S Industrial Plastics. Ine..
Clearwater, FL, at an estimated $,23,589.84; Warner Plumbing Supply, Tampa, FL, at an
. estimated $14,355; and Peerless Supply, Inc., Clearwater, FL, at an estimated $2,480.88
for a total e~timated $40,425.72, for the period 1/18/94-1/17/95 (GAS)
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ITEM 1/6 - See Page 3
ITEM #7 - Purchase of 20 hondicoooed.accesstble outdoor water fountains from
Architectural Product Sales. Inc., 'Palm Beach Gardens, FL, for $14,633 (GS)
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ITEM U8 - Purchase of a baling system for recyclina orocesslna from International Baler
Coro... Jacksonville, FL, for $1 29,836 (PW)
ITEM #9 - See Paae 3
ITEM #15 - Sanitary sewer lien aareement - Lot 63. Emerald Hill Estates. 1363 Irving
Avenue (Hunter)
ITEM 1/ 10 - 1994 Gu'nite Restoration contract to General Gunite and Construction Co..
Inc.. Florence, AL, for $333,169.89 (PW)
ITEM #11 - Ratify & Confirm C.O.1I3 to Northeast Wastewater Residuals Handling Facilitv
contract with Walbridge Contracting, Inc., Tampa, FL. increasing the amount $16,627 for
a new total of $4,616.677 (PW) .
ITEM 1112 . Sanitary sewer lien aQreement - Lot 4 and the South 5 feet of Lot 5, Block.2."
Virginia Grove Terrace Subdivision at 1 712 El Trinidad Drive (Marsh)
ITEM 111 3 - Sanitary sewer lien agreement - The Easterly 20 feet of Lots 7 & 20. all of
Lots 8 & 19. and the Westerly 35 feet 9 & 18 , alllvina in Block 47. Unit No. 1. Sec. II A"
Chautauqua on the lake - 2678 3rd Avenue North (Wing)
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ITEM #14 - Sanitary sewer lien 8Qreamant - Lot 61 . Emerald Hill Estates - 1351 Irving.
Avenue (Allen)
ITEM #16 - Sanitary sawer lien agreement - Lot 68. Emerald Hill Estates - 1374 Irvina
Avenue (McClung)
ITEM '1/17 - Sanitary sewer lien aQreement - lot 70. Emerald Hill Estates - 1360 Irvino
Avenue (Jakobsen)
ITEM If 1'8 . Sanitary sewm lien agreement - Lot 71. Emerald Hill Estates - 1356 Irvine
A. '{QillJQ (W ul f).
ITEM If 19 - Sanitary sewer tien agreement - Lot 72. Emerald Hill Estates - 1350 Irvine
Avenue (Bastarache)
ITEM 1/20 - Sanitary sewer lien Bereement - Lot 13. Emerald Hill Estates - 1344 Irvine
Avenue (Knudsen)
ITEM #21 - Utilities easement in Sec. 1 0-29-15 - Lots 5 & 6, Jurgens Addition - (Alpha &
Omega, Inc.).
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Commissioner Thomas moved to approve the Consent Agenda as submitted less
Items 6 and 9 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
ITEM lip . Purchase of one 1994 Chevrolet CarQo Van from Ferman Chevrolet, Tampa, FL, .
for $ 1 3.900.01 (GS)
Ms. Deptula, Interim City Manager, requested this item be continued, for two weeks
so the staff could further study standardization of the City's fleet.
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Commissioner Thomas moved to continue Item #6 until February 14, 1994. The
motion was duly seconded and carried unanimously.
ITEM #9 - 1994 Sidewalk and Ramoina contract (construction) to Suncoast Excavating
Inc., Ozona, FL, for $694,575 (PW)
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The purpose of this construction contract is the installation of sidewalk ramps to
,bring the sidewalks in the City's public rights-of-way into conformance with the Americans
with Disabilities Act (ADA) and to provide for the extension of new sidewalk in various
locations.' The principle work in the contract is the removal of barrier curbs and sidewalk
ramp construction. The contract work will concentrate on the portion of the City west of
Missouri Ave. which is the City's oldest section and has the highest concentration of
barrier curbs. ,Scheduling priority will be the high use pedestrian areas of Downtown and
Clearwater Beach. This contract will also install new sidewalks and replace sidewalks on
streets selected by Public Works as part of the 1994 sidewalk construction.
Following the award and execution of this contract, a pre-construction conference
will be held. The contractor will begin work on February 21, 1994. The contract calls for
completion in 240 calendar days, which is October 18, 1994.
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Mayor Garvey asked this item be pulled from the consent agenda because of many
questions regarding City plans to meet ADA requirements for sidewalks. Peter Yauch,
Acting Director of Public Works, said this 1994 annual contract is primarily for ramping to
satisfy ADA requirements primarily at intersections throughout the beach area, Island
Estates, and the older part of town. Mayor Garvey said these efforts represented nearly a
$700,000 commitment from the City. '
Commissioner Berfield asked how staff decides where new sidewalk extensions ara
installed. Mr. Yauch said the City compiles a list based on citizens' requests and staff's
review of traffic patterns and dirt paths. He said staff inventoried all intersections on the
City's west side to de'termine where ramps should be located.
Commissioner Berfield referred to a park on the beach and said a sidewalk was
constlUcted because,the picnic table in the middle of the park was inaccessible to
handicapped people. She suggested it would have been easier to move the table and
asked If staff researches this type of situation.
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Deputy City Manager, Kathy Rice, said ADA rules state the City must provide the
same sorvices at the same place for all. She explained that at Crest Lake Park there is no
sign disallowing people from launching a canoe. A federal investigator strongly suggested
the ,City install a h?lndlcapped accessible ramp. ,A sign that says "No canoeingt1 would not
be acceptable because the City already allows canoeing at that location.
Commissioner Berfield suggested instead of covering pervious surfaces, the tables
be moved next to a sidewalk. Mayor Garvey disagreed because if she were in a
wheelchair. she'd still like to be in the middle of ' the park, not limited to the outer fringes.
Commissioner Fitzgerald moved to approve the 1994 Sidewalk and Ramping
Contract. The motion was duly seconded and carried unanimously.
Commissioner Thomas concurred with Commissioner Berfield's suggestion to
reduce the use of concrete. '
Ms. Deptula said she understood the Commission's concerns and direction to
carefully review options and use reasonable judgement and creativity before laying new
sidewalks in parks to comply with ADA.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 - City Hall Proiect
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The Project Management Consultants, Donnell Consultants, Inc. and Rowe
Architects, Inc., have prepared design Criteria Packages (conceptual specifications) which
will form the, basis of the effort on the part of the Design-Build Firms which will be
selected as final candidates for the project. Since the UB-1" configuration has been
selected as the City commission's choice and involves a significant land-parking agreement
between tho City of Clearwater and Calvary, Baptist Church, it is ,necessary that this '
agreement be finalized before delivery of the Design Criteria Packages to the Design-Build
Firms.
A selection committee made~up of City staff and the Project Management
Consultants received qualification packages from 1 9 design-build firms in November 1 992.
Each firm has been carefully considered by the Selection Committee .and a short list of four
final candidates has been prepared. The four firms, in alphabetical order, are: Brasfield and
Gorrie/HKS; Brown & Root/Reefe Yamada; Centex GSW/Spillis Candela; The Haskell
Company.
a) Negotiations ra Baptist Church Property
Bill Baker, Acting Assistant City Manager and Projoct Director for the new City Hall,
reported regarding the negotiations for the Baptist Church property.
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Mr I Baker explained the. City needs 21,084 square feet of property from the Church
(or the intended annex to the City Hall building. At $13.50 a square foot, the property is
valued at $284,634. The Church asked the City to pay for the property through the use
of 19% of the City garage's time. Assuming the garage cost $2.1 million to construct and
has 91 hours of weekly value, 19% of the garage is valued at $399,000. Because of the
discrepancy between the two values, the City requested two easements that would not
interfere with the Church's operation but would allow the City to operate a drive through
window for citizen's to pay bills. He said the City wants a fee simple title to the property
based on a contractual agreement that would convey equal value for the Church's use of
the City's garage.
, Mayor Garvey asked what times the Church was requesting. Mr. Baker replied the
Church requests parking on Wednesdays from 5:00 p.m. to 9:00 p.m. and Sundays from
8:00 a,m. until 9:00 p.m. for a total of. 17 hours a week.
Commissioner Thomas asked what criteria was used to establish the $13.50
number. .
Mr. Baker said staff determined the value after examining property transactions on
and near the bluff in downtown Clearwater. The Kravas property, more inland, was
$10.53 a square foot; Pinellas County paid $17.5 square foot for the land at the Fortune
Bank property across from City Hall; the land value of the Maas Brothers property was
$15.26 a square foot. Mr. Baker suggested the Church's property is less valuable because
it is not bluff front.
Commissioner Thomas thought $13.50 square foot underestimated the property's
true value. Commissioner Fitzgerald pointed out that this agreement was critical to the
whole project and no further decisions could be finalized without it.
b) Accept Design Criteria Package
Ms. Deptula introduced Dean Rowe and his associates, Catherine Kreher and Debra
Costello from Associated Space Design.
Me Rowe referred to a draft of the design criteria package which consisted of a
design criteria booklet and an update of the investigative analysis. of needed space. He
noted some redundancies in the draft needed to be remover! and charts needed to be
updated. He sa,id the summary was updated and the drawings assume the property line
will include land from the Church.
Commissioner. Thomas requested clarification of the investigative analysis of need.
Mr. Rowe explained the numbers Commissioner Thomas was questioning were t~e original
ones published March 4, 1993 and handed out updates based on the directions provided
August 16, 1993. The construction of this project is estimated at $10,860,000. Included
was the new 70,900 square foot (MOL) building addition, a 400-car parking garage,
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upgraded to institutional quality, and major renovations to the existing building. He
explained the items excluded from that budget were open office systems furniture,
eXlstmg furniture refurbishing, the landscape and irrigation the City will provide,
professional project management fees and expenses, professional design fees and
expenses which will be incorporated into the design build contract, the escalation of
construction costs beyond the original starting date of August 1993; the owner's
construction stage contingency, other owner's costs including moving, rental of temporary
office space, final moving costs, construction materials' testing inspections, the AE design
fees that are part of the design build team, and any other office equipment the City ,
chooses to purchase. He said figures on the second page represent an upgraded '
construction budget which his company proposed to be included in information given to
the design build team bidders. He said what would be done about Pierce Street was up to
that team. He said the design build team might design a smaller building that could meet
all of the City's criteria and needs or might be able to increase the size of the garage from
the proposed 241 spaces while keeping it within the scope of the project. The plan also
included surface parking for 72 cars upslope and room for 131 cars downslope.
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Commissioner Thomas said on the March 4, 1993 proposal, the parking garage was
estimated to hold 350 cars at a cost of $6,000 per space for a total of $2.1 million. He
noted the new proposal with fewer cars should cost approximately $660,000 less. Mr.
Rowe said the $1,000 a space for surface parking is included in the $660,000.
Comrnissioner Thomas questioned why the price per space increased so dramatically. Mr.
Rowe said the garage was budgeted at $1,680,000, the same as was proposed in August.
He explained when the garage was reconfigured to be a double building and the number' of
possible spaces decreased, the garage would cost more per car because the new design
called for two separate garages plus bridges.
Commissioner Thomas and Mayor Garvey asked what the cost per space was
estimated to be for the proposed 241 ~car garage . Mr. Rowe estimated the cost in the new
split garage would be $7,816 per space.
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Commissioner Thomas questioned the original estimate of $6,000 per garage
space. Mr. Rowe explained the garage his company recently completed in Fort Myers was
finished in brick, had some freestanding architectural stairs, and cost, $ 7,000 per car. He
I said the budget his company prepared for the City was based on the assumption that the
garage would be non-commercial.
Commissioner Thomas questioned'the number of people the new building would
hold. Ms. Crier explained the increase from 300 to 330 was to factor in 10% growth.
Commissioner Thomas noted costs were escalating and estimated the cost per
workstation was extremely expensive at $50,000 each. Mayor Garvey noted the lifespan
of the new, building was estimated to be 30 years.
Commissioner T110rnas said he had a problem with spending $1 5 million for a new
City Hall and could not cost justify it. He withdrew his support for building a new City Hall
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t She said until there is a consensus among Commissioners to do 'something an~
strongly support that commitment, nothing more should go forward. She said the
Commission needs to gather all necessary information and identify the cost. the projected
accomplishments. and the savings. She stated the blame for the changes regarding the
City Hall project rests with the Commission.
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on the bluff and asked the Commission to call, IItime outll so staff could reanalyze the true
need of building a City Hall.
Commissioner Berfield said her understanding when the project began was the
financial justification of saving approximately $300.000 yearly after consolidation would
be to the City's advantage. She noted the estimate for the new building doubled. She
didn't think the Commission had convinced the public of the need for a new City Hall. She
agreed with Commissioner Thomas that the Commission should go back to the drawing
board and would have no problem going to referendum to find out if the citizens want a
consolidation of City services.
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Commissioner Fitzgerald said he was never in favor of building the new City Hall on.
the bluff. . He said he felt strongly that citizens want to be more involved in the decision
and agreed a referendum would be appropriate. He noted the Commission was spending a
lot 'of money for the services provided by Mr. Rowe's company and felt it was time to
close down the operation and rethink it. He said he supports the consolidation of City
resources and felt it an important step toward the future. He noted the present City Hall
building does not meet the needs of the community and felt separating the legislative
activities from the rest of the staff was inappropriate. Ho thought efficiency and
effectiveness would greatly improve if staff were housed together.
Mayor Garvey said she still firmly backed the consolidation of City Hall because of
Increased efficiency from both the administrative and public points of view. She was
opposed to a new City Hall on the bluff from the beginning and said calls she received
were not anti.consnlidated City Hall, but were concerned the bluff would be destroyed by
squeezing in a new City Hall. She opposed separating the City Commission from the
Administration. She said it would be difficult for City Commissioners to do their jobs
without" quick access to the management team. She didn't think a referendum was
necessary but noted one couldn't be done until the Commission decided on a location and
settled on a cost. She suggested the new City Hall might be included with the Police
facility design. "
Commissioner Deegan agreed with Mayor Garvey that Mr. Rowe and his group
spent a considerable amount of time and the Commission spent a considerable amount of
tax dollars getting this far. He felt the Commission could build upon the work already
completed and paid for. He said he always favored the consensus approach and noted
there didn't seem to be a consensus on building City Hall on the bluff. He said the
Commission is responsible for building a consensus prior to making a final commitment.
He said the stopping and starting of the project already was responsible for $1 million
increase in estimated costs.
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He said he didn't believe in managing the City through referendum and didn't think
this problem would be resolved through one. HG said there were so many aspects of the
bluff project to which people objected that he wasn't sure what citizens wanted. He
asked anyone who opposed the project to come forward with an alternative that has fewer
'disadvantages than building on the bluff. Commissioner Deegan said he would agree with
the majority to stop the project.
Commissioner Thomas suggested a work session to determine staff needs and
where to go. It was the consensus of the Commission to schedule a work session on
February 10, 1994, between 9:00 a.m. and 12:30 p.m. to brainstorm, discuss parameters,
and identify sites. Ms. Deptula noted many issues like quality and the size of work spaces
fro'm the original. work would transfer. .
Mr. Rowe said the report reflects the original mission to co-locate all City
departments. He noted some of the original goals included spending money wisely, fiscal
conservativeness. a building with a 3D-year life span, and a final cost of between $10- and
$15-million.
David Campbell said he didn't think there was a compelling need for consolidation.
He said the City Charter states jf more than $1 million is to be spent on capital investment
or improvement, a referendum must first take place.
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Mayor Garvey asked the City Attorney if the Chartor refers to a $1 million
expenditure referendum or general obligation bonds. Mr. Galbraith said an exception was
given for public health and safety welfare matters. He said an opinion by bond council
was that thIS would not be subject to a referendum. The final decision was up to the City
Commission. '
Mayor Garvey requested the estimated savings associated with consolidating City
Hall. Ms. Rice responded between $200,000 and $300,000 annually in addition to
increased convenience for the public.
Bob Wright stated the position of the Coalition of Homeowners was the project was
pushed forward too fast without adequate Citizen input. He saw no need to continue until
the City completes negotiations that return the east end project to the tax rolls.
Tony Salmon felt it was the fiduciary responsibility of elected officials to justify
expenditures of public funds. He hadn't seen a cost justification study completed for a
new City Hall. He suggested the average Clearwater resident doesn't feel the need for a
new City Hall. He felt it important to get City owned property back on the tax roll.
Peter Cafentzis appreciated the Commission returning to the drawing board. He
noted the initiating event for the City 'Hall project was the imminent sale of the east end
property and a concern with what to do with the employees who were working at the
Annex. He suggested. with modern technology, consolidation does not have to mean
physical approximation.
c) Approve Ranking of Design Build Firms - no action
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ITEM 1123 . (Cont. from 111.a1.94) Purchase of three' 994 Ford Crown Victoria 4-door
sedans (orioinallv recommended Chevrol€ll Corsicas) with Dollce Dockaae from Carlisle
Ford, St. Petersburg, FL, for $41,36'/; financing to be provided under city's master lease-
purchase agreement with Secu'rity Capital Corp. (GS)
This agenda item concerns the replacement purchase of three sedans. On January
18, 1994, an agenda item was submitted for the purchase of three mld.sized Chevrolet
Corsica'sedans from Ferman Motor Car Company. In an effort to standardize the City's
vehicle inventory, staff is now recommending the purchase of Ford Crown Victoria 4.door
sedan vehicles (at a cost of $13;789 instead of the three Chevrolet Corsica sedans.)
The Interim City Manager said because of the benefits of standardization which
included the procurement of parts and training, staff recommended this action.
Commissioner Fitzgerald questioned the City's need to purchaso cars with police packages
for non-police activities. Ms. Deptula said,staff wanted to renew a former program where
the City automatically purchased automobiles with a police package so a police vehicle,
damaged beyond repair, could be automatically replaced. The backup could easily be
replaced by an unaltered vehicle. Commissioner Fitzgerald noted tho police package was
more expensive and questioned how many backups the City required. Ms. Deptula said
staff wouldn't purchase every car with a package but, with none now in stock, a few had
to be purchased.
Commissioner Tllomas asked the cost of the police package. Bill Baird, General
~"';:l,; Services Director, said the Crown Victoria four~door with a police package costs $152
~...... ' 'higher than the next lower unit, a Ford Taurus. He did not know how much the vehiclo
cost without the police package, which consists of a heavier suspension, an auxiliary
cooler on the automatic transmission, a larger radiator, and a speciat wiring harness.
Commissioner Thomas moved to approve the purchase of three 1994 I Ford Crown
Victoria 4-door sedans with police package on the condition staff check a local dealer for
the lot price on a four-door car without police package.
Ms. Deptula said staff will develop a policy with goals that establish the definite
number of backups required.
The motion was duly seconded and carried unanimously.
The Commission recessed at 11 :01 and reconvened at 11: 16 a.m..
ITEM 1124 - Community Outreach Start-Up Plan (AS)
The purpose of the Community Outreach is to redirect and improve the City/s
ellorts atlntorrning the public, vi~ cable broadcast media. To initiate this process, the
Community Outreach Start-Up recommends that a television production capability, costing
$350,000, be acquired by the City.
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Although the use of television is generally accepted by business, education and
, government to yield significant communication benefits, the following factors influenced
this specific recommendation: all City Commission meetings and Community
Redevelopment meetings need to be recorded and broadcast; as of January 7, 1994,
seven "broadcast-quality" televfsion productions had been requested by Directors and
Managers; almost none of the City's existing inventory of video equipment is usable for
telovision ,production; contracting City's production needs to the private sector would cost
more than acquiring the in-hous~ capability through a five-year installment purchase.
Jeffrey Harpsr, Director of Administrative Services, said last summer the
Commission approved the Community Outreach Program. He said the foundation of this
program is television.
He said the program would initially focus on video production: Future possibilities
include interactive information kiosks, an online computer bulletin board system,
multimedia based technology, for improved employee training, improved intra-city
communications, and video conferencing.
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He said Community Outreach is now a division of the Department of Administrative
Services and a Manager, Jim Lange, was hired. rhey visited local government access,
facilities at Pine lias County, Pinellas County Sheriff's Department, HiIlsborough County, St.
Petersburg, and the Pinellas County School Board to learn, from their experiences. They
surveyed City departments and inventoried what equipment the City owned. With the
exception of the Police and Fire Departments, all of the City's television equipment is
consumer grade and not suitable for professional quality production. They 'asked City
departments about program needs once the City has television production capabilities.
The survey demonstrated a demand for professional quality television production.
He said their first priority was to assume responsibility for taping and telecasting
City Commission and eRA meetings from Vision Cable. Meetings are estimated to run 30
hours per month, for live telecasting. To assure accessibility to citizens, the meetings will
be repeated. As soon as the department has equipment and staff, they will also work on
the Clearwater Annual Report, the City's major projects from the previous year, a
Hurricane Preparedness program, the City Recycling Programs, City f'Jews and Activities
Program, and two economic development programs. He said other board meetings held in
the Commission Chambers could also be broadcast. They plan to work with the Police
Department in producing the Citizen's Police Academy and other crime prevention
programs and with the Fire Department on fire prevention programs. They will be able to
document City'sponsored events and activities.
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The request includes equipment required to produce a continuous text and picture
display that enables the City to announce road closings, meeting times, and other events
on a daily basis.
Mr. Lange has designed a production facility to meet all stated goals using
equipment mid-grade between consumer and broadcast grade equipment. The facility uses
portable video cameras for recording and incorporates professional grade video editing
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'equipment for completion of productions. Because the City will compete directly with
commercial channels, a professional looking product must be broadcast.
Equipment for a basic start up operation include two portable camera packages
(high eight formula and beta) for single camera productions, post production mixing,
editing, and special effects. The production facility will also include character generation
equipment, audio recording, and editing equipment. In the future, equipment may need to
be added and modifications may need to be made as technology changes.
If the program is approved, two positions approved in the budget will be filled by
individuals possessing multimedia capability. The taping and telecasting of all Commission
meetings will be handled by City staff, bids will be solicited for the equipment package,
purchases will be brought to the Commission for approval, production equ,ipment will be
installed, production will begin on programs previously mentioned, negotiations with
Vision Cable to obtain a City of Clearwater government access channel will be completed
and relevising over rhis channel will begin.
Mr. Harper said the facility, as designed, would cost approximately $350,000. A
five-year lease-purchase agreement would be used. Debt service payments are estimated
at $80,000 per year. He proposes to request an increase from the current 3% franchise
fee paid to the City by Vision Cable to 5 %. the top rate the City is entitled to by federal '
law. Increased revenues from this change are estimated to total $1 50,000 per year. He
said the City wa's working with Rice, Williams and Associates to renegotiate the City's
franchise with Vision Cable.
(~: " Mr. Harper said they surveyed four private sector television producers in the
Clearwater area to determine average cost per finished minute of a production similar to
what the City will create. Costs average $1,000 per minute. A study suggested finished
productions have a 60: 1 ratio of production time to air time. A cost analysis comparing
inhouse with outside production costs showed, at tirst, it will cost less to use outside
sources, but by the end of the fifth year, inh9use production will cost one half of outside
production. ,This cost analysis did not include televising Commission meetings, Board
meetings. and other live or taped events. They plan to develop a core of volunteers and
interns to work on productions.
The Commission recessed at 12:55 and reconvened at 1 :4'5 p.m..
The Interim Ciry Manager called attention to the time table in the presentation. She
said Vision Cable is aware of the kinds of issues that will be coming forward during the
franchise fee negotiations. Ms. Deptula said Rice Williams have completed the' customer
service survey and are in the process of a technical evaluation of the system.
Mayor Garvey expressed concern that this was an overambitious program and
wondered if the City really wanted a government access channel. Ms. Deptula said the
City will need a channel if it wants to broadcast any meetings other than the City
Commission and have special Information programs shown. Mayor Garvey noted this
request for a government channel differed from the problems Hillsborough County was
experiencing with their public access channel.
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Commissioner Fitzgerald said the proposed increase in the franchise fee would be
passed on to the consumer. Mr. Harper sald the whole cable bill would not be increased
by 2%. just the franchise fee which would average $.30 per month per percent. Jim
Lange explained the franchise fee is a percentage of the cable company's gross profit.
While other local communities have been getting 5 %, for the past 10 years Clearwater has
been getting 3%. Commissioner Fitzgerald suggested the public will need to be educated
about this point. Mr. Harper said approval of this item is approval ot'the approach. The
actual approval of expenditure of dollars will come before the Commission as separate
agenda items.
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Commissioner Thomas wanted research on the life expectancy of the equipment
versus obsolescence and what the historical obsolescence trend is on similar equipment.
Because electronic equipment quickly becomes obsolete, he suggested purchasing used
equipment that's practically brand new and available on the market at lower cost. Mr.
Harper said even though the recommended equipment has a technological life of five
years, other government access sites are able to lIse some equipment ten years and
longer.
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Commissioner Barfield wanted reassurance that Community Outreach wouldn't be
coming back to the Commission ,in five years for all new equipment. She suggested a
premium investment might translate into the purchase of equipment with a longer life.
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Commissioner Thomas asked who set up the shopping list and questio~ed the
person's expertise. Mr. Lange said he developed the list and has previously worked as a
, broadcast. cable. and industrial television systems designer, a television writer/producer.
and a technical systems redesigner. He explained there was a dichotomy between
consumer electronics and professional grade electronics. Based on his experience, he said
one takes a big chance purchasing used broadcast grade equipment because it is difficult
to estimate what would be required to assure the equipment would achieve a consistent
level of performance. '
Commissioner Thomas questioned the possibility of doing outside contract work to
bring in additional revenue. Mr. Lange said the original intention was not to compete with
the private soctor. He suggested if there are not enough private sector services being
provided, then this option could be reviewed. He said the intention was to be free of
production schedules imposed by others and of Vision Cable's broadcasting time
restrictions. He said when the agreement was written ten years ago, Vision Cable was to
provide a government channel for the county and one for the City. Clearwater has not yet
taken advantage of that channel.
Mayor Garvey expressed cancern that tho City would have enough programming to
take advantage of a dedicated channel. Mr. Lango' stated he had received many requests
far programming and noted the projects must be prioritized.
Commissionor Deegan felt. that ta fulfill the City's basic mission of communication
with citizens. the City requires a government access channel. He noted the City could not
justify the expense of producing programs without the opportunity to air them. He asked
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If there was a cost involved In acquiring the channel. Mr. Lange said'Vision Cable advised
him they have a channel available for the City, but they would prefer'the City has
adequate programming prior to accessing the channel. He said the City has several ways,
to provide up to 18 hours of programming a day including text mode and the 20 - 24 tapes
procured by the City. Commissioner Deegan indicated he felt it important that staff remain
concerned with the quality of what is transmitted.
To a concern expressed by Commissioner Deegan, Mr. Harper explained the City is
entitled to a channel based on the Cable Regulation Act of 1992. Commissioner Deegan
asked if additional equipment would be required to air City programming. Mr. Lange said
the start up plans allows the City to begin production and hand carry it to Vision Cable to
slot for broadcast. ' He said after more productjons are complete, there will be a need for
an automated changer so tapes can be preloaded, the playin,g times can be set up, and the
procedure of playing the tapes ~i11 no longer be human resource intensive. The text
system can run unattended.
Mr. Lange said Vision Cable has part of its institutional network already linked up to
many City buildings. Live signals can now be sent from Chambers to Vision Cable for
playback. Vision Cable has indicated they will donate that equipment to the City.
Commissioner Deegan noted the cost increased seven fold since the original
estimate. He asked for a three to five year estimate of expenses after the program is
initiated. He reque'sted programming to explain subjects to the public including referendum
items and possible changes in the City Charter.
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Commissioner Thomas asked how much labor would .cost. Mr. Lange explained the
three positions extended over six years are included in the proposal. Mr. Harper said three
seemed to be the ideal number of employees required for this type of program and noted
other similar programs have been extremely successful at attracting volunteers. He said
they will continue to use a team approach and draw on the talents of staff in various City
departments.
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Commissioner Deegan moved for approval of initiating the Community Outreach
Starf"Up Plan' with the understanding that a longer term projection of overall expenses will
be provided to the Commission prior to any requests for funding. The motion was duly
seconded and carried unanimously. . '
, ITEM #25 - Aocroval of ranking of fishina pier locations: aoproval of fishina oier at the
west end of the west bridee on Memorial Causeway funded from Penny for Pinellas funds
from Highland Ave. Widening CIP to a new CIP entitled Fishing Pier at Mid-Year FY'93r94
Budget Review and in City Man,ager's FY'94r95 Budget (MR)
On December 14, 1993, the Marine Advisory Board ranked fishing pier locations
within the City, after Pier 60; in the following order: west end of the west bridge on
Memorial Causeway, at the removed bridge end, south and north ends of the new
Clearwater Pass Bridge with low level catwalks, continued maintenance of the east end of
Memorial Bridge for fishing, Clearwater Beach Recreation Center and Yacht Basin with
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fishing piers at the basin near the tennis courts and on the east end of the property, the
southwest corner of Seminole Docks, Turner and Magnolia Street Docks (City continue
with plans to rebuild). '
. A recommendation on the exact design, length, construction materials and funding
for any new fishing piers was not made by the Marine Advisory Board. Staff agrees that
the western most section of the old recently removed bridge on Memorial Causeway
should be the first priority for a new fishing pier. Engineering Services can prepare a
design and permit application for a 20 foot wide by 75 foot long fishing pier at this
location with an estimated cost of'$100,OOO. "Penny for Pinellas" funding for this project
will occur in two steps. It is anticipated that the necessary permits to construct the new
fishing pier will take between six and twelve months to obtain.
Staff recommends approving the ranking of Fishing Pier Locations with the City of
Clearwater and approve a fishing pier at the west end of the west bridge on Memorial
Causeway funded from "Penny for Pinellas" funds from Highland Avenue Widening CIP to
a new CIP entitled Fishing pier at Mid-Year FY'93.'94 Budget Review and in theJ:ity
Manager's FY'93-'94 /Judget.
Commissioner Berfield asked if any consideration was given to providing fishing
facilities on the east side of town. Mr. Held said the Marine Advisory Board re,cogflizes
there are no facilities on the east side but did not address it. Commissioner Deegan asked
if there were any feasible public access points on the east side. Mr. Held said he did not
know and had not studied fishing in east Clearwater.
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Commissioner Fitzgerald asked for an estimated cost for the remaining
recommended projects. 'Mr. Held said each recommendation would involve expense. He
said he was reviewing plans for catwalks built by the Skyway Bridge to see if he could
make a recommendation regarding the new high level, fixed bridge over Clearwater Pass.
Commissioner Fitzgerald was concerned with the cost of future construction.
Commissioner Deegan noted the Turner and Magnolia Street docks were already being,
pursued and fishing was possible from the other locations.
Commissioner Thomas moved to apprOVll receiving the ranking of Fishing Pier
Locations within the City of Clearwater and approve a Fishing Pier at the west end of the
west bridge on Memorial Causeway funded from "Penny for Pinellas", funds. The motion
was duly seconded and carried unanimously.
ITEM #26 - Offer from HilIsborOUQh County Environmental Lands Acquisition and
Protection Proaram to ourchase city owned orooertv (Sludge Farm) west of Patterson RoaQ
for $1,200,000 with $200,000 of the price to be allocated toward site restoration (eM)
At the October 4, 1993 City Commission meeting, an offer to purchase the
property for $1 million with 20% allocated for site restoration was presented by
Hillsborough County. The City Commission rejected that offer and proposed a counter
offer of $2 million with $200,000 of the sale price to be set aside for restoration. The
original purchase price of the nominated parcel (Parcel E) was $1,773,000. The appraisal
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report indicates that the fee simple market value of the nominated parcel (Parcel E) is $2.3
million.
Hillsborough County is now presenting -a final offer of $1.2 million with $200,000
of the sale price to be allocated for site restoration. They have indicated that no counter
offers from the' City will be considered. Issues to be considered in tlie decision to accept
or reject the Hillsborough County offer include:
To Accept the Offer:
1) The City Commission's commitment to environmental protection of open spaces
lands even though this property is not located in the City of Clearwater. 2) The site is
contiguous to the 6,000 acre Pinellas County preserve. 3) The investment return that the
City could earn would il)crease $1 million to approximately $1,708,144 over ten years.
There are potential immediate uses of the $1 million. 4) The City no longer has a need. for
the property for the spread of sludge. 5) The current Hillsborough County plans do not
provide utilities to this tract until after 2010. 6) The growth in the value of the land if the
City were to hold it for ten years is non-quantifiable. .
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To Reject.the Offer:
1) The City's purchase price of the land approximately 10 years ago was
slgnifican'tly higher than this current offer. 2) Unknown potential for increased value in the
area as road systems and growth patterns reach this area. 3) The City has no immediate
need for the cash and could "afford" to hold the property until some further date. 4)
~arketing of the entire 900 acre tract could be beneficial at some future date 'rather than
selling off only approximately 1/2 of the property.
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Ms. Deptula, Interim City Manager, said the City owns about 900 acres in
Hillsborough County and has been negotiating with Hillsborough County Environmental
Lands Acquisition and Protection Program (ELAPP) for the sale of about 400 acres. All the,
land has been declared surplus. She said the City is not getting back as much as they
invested or the value placed on it by the City's appraisal. However, the environmental
issues made this worthy of the Commission's consideration.
Mr. Kurt Gremley, Acquisition Manager with ELAPP, showed on a map how far the
property is beyond initial development. He said Hillsborough County appraisers viewed the
property in its current land use, the zoning designation, the availability of infrastructure,
and. sales in the immediate area and appraised it at $1.3 million. He said the City's
appraiser anticipated the land would be suitable for sale of quarter acre lots in five to
seven years. He said the area won't have sewer and water for 15 to 16 years and noted
property values have decreased since the City purchased the property.
Mr. Gramley say ELAPP's aim is to extend the wildlife corridor across county lines
as a regional effort. He said ELAPP is run' by volunteer committees of citizens involved in
community affairs and concerned about the environment. Staff consults and advises the
committees about various acquisitions and preservation efforts.
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Mayor Garvey expressed concerns that there be a guarantee this land could never
, be sold for development if the County should ever decide to sell. Mr. Gremley said the
ordinance states that any property acquired through the ELAPP program, unless it is
considered an acquisition of convenience, is to be held for the purpose of preservation and
recreation in perpetuity and can only be sold to another government entity for the same
purposes and. as part of that sale. retains the right of first refusal to acquire the sight
should it ever be put on the market. He claimed the entire property would be preserved.
Ms. Deptula addressed the use of the funds should the Commission sell the
property. Because restrictions on the original funds used to purchase the property would
remain, the money would not be available to purchase environmentally sensitive land in
Clearwater.
Robert Fay, current chair of Sierra Club, felt this sale would be a great benefit to
the region. He said it is a valuable buffer to the existing Brooker Creek Preserve.
Judith Buhrman, representing St. Petersburg Audubon, urged the City to sell the
property to ELAPP because this is a regional issue. She said selling the land would protect
it and the w'ater supply and help with flood control.
Marcia Warren urged the sale of the property. She felt the City's appraisal didn't
take into account wetlands that could not be developed. She said development would
have a negative effect on the fragile ecosystem, a sand hill pine community which
supports a variety of rare flora and fauna.
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Richard Brigham felt the sale would provide a legacy to both counties and enhance
the, Brooker Creek Preserve providing a buffer from development. ,
Margie Cridland. representing the Nortfl Pinellas League of Women Voters, supports
the sale.
Joanne Shrewsbury, representative for the St. Petersburg area League of Women
Voters, urged the City to sell the 400 acres which include water recharge areas.
Andrea M. Berens described this as a once in a lifetime opportunity to establish a
wildlife corridor and pres~rve it for future generations.
Joseph Wagner noted the land being discussed was located In a recharge area
between the Eldridge Well field and the Keystone and Odessa Wellfields. He said Brooker
Creek connects many bodies of water before emptying into Lake Tarpon.
Linda Francis faIt the consideration of long term effects important when discussing
water and renewable resources. Shespoke in support of the sale and felt strongly about
expanding the boundaries of the Brooker Creek Preserve.
Lisa Lansa, member of Clearwater Environment Committee, said the chair of her
committee chose to not bring this topic to the attention of the EAC at their meetings.
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Pauline Williams spoke in support of the sale. She noted that tourists visiting
Florida want to see native flora and fauna. She felt this sale would help the tourist.
economy.
Keith Bailey urged the sale of the property. He said this represented a uwin-win"
situation. He said selling this land for preservation is noble. .
Ruth Mules said Florida's governor and cabinet downsized the amount of density
allowed on this property from one unit per two and a half acres to one unit per five acres.
She noted water was one of the most troublesome issues. Clearwater's wellfield is just
across the road from this property.
Johnny Perez. Chair of Florida's lakewatch Committee in conjunction with the
University of Florida. has watched the deterioration of Florida's ecology since the 1950'5.
He asked the City Commission to make an effort to arrest the deteriorating and
accelerating stress on Florida's lakes and water wells and urged the sale of the
Hillsborough property. '
Bob Bickerstaffe felt Clearwater should be able to recoup its investment. He didn't
, feel Clearwater alone should subsidize this environmental preservation.
Mayor Garvey stated she had received many phone calls from Clearwater residents
in support of this sale. She said her concern about perpetuity and first right of purchase
were answered. She agreed with the recommendation to sell.
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Commissioner Deegan noted many ph6ne calls and letters were received expressing
that this sale is for the "public good." He noted the completed consensus showed
Clearwater residents listed protecting wetlands and wildlife ahead of the Pinellas Trail and
Library Cooperative. He supported the sa"le as long AS the City complied with all legal
requirements:
Tho City Attorney said the City has declared the property surplus and its sale does
not require two formal appraisals. The Interim City Manager reminded the Commission
Hbout [he closing costs which include a 5% fee for tile City's agent, Frank Blanford. The
final contract will be brought to the Commission for final approval.
Commissioner Thomas said tho property should be preserved as water is a critical
issue. He questioned if this land could be used for a future wellfield. He expressed
concerns about selling the land for less than was paid, preferring to give the right of first
refusal to ELAPP. He recommended holding onto the property until others were willing to
donate their ".fair share." He felt the whole parcel the City owns in HilIsborough will be
worth $39 million in 1 5 years.
Commissioner Deegan expressed concerns about ELAPP's plans for the $200,000
allocBted for site restoration. Mr. Gremley said it would be used to restore and revegetate
the property through planting and eradication of exotic species. The management plan will
be established within one year in conjunction with Brooker Creek Preserve and the land
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returned to its natural st,ate within fivo years. Commissioner Deegan wanted to be clear
that the land would not remain in Its present state. Commissioner Thomas expressed
concern that ELAPP would have use of the City's money for years prior to usage. Mr.
Gremley said the $200,000 would supply sufficient resources to initiate the project within
a year. ELAPP does not have an interim funding source.
Ms. Deptula said when the contract Is brought to the Commission, the City will
have a completed plan and time line developed by Pinellas and Hillsborough counties and
the City's environmental staff. She suggested the City could maintain some control over
the restoration of the property by holding the $200,000 in a trust or escrow account to ba
drawn down as the plan progresses. Mr. Gramley said at the end of the restoration
program, excess funds will be returned to the City. .
Commissioner Fitzgerald shared Commissioner Thomas' concern to protect
Clearwater's investment. He noted the property, purchased when values were high, was
used for nine years to spread sludge. He noted no one on the Commission was interested
in a nonenvironmental purpose for the land and said it should be put under the centralized
control of ELAPP with a reverter clause and the understanding that Clearwater would
monitor the use of the $200,000.
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Commissioner Berfield noted the City originally paid $1,773,000 for the property.
She questioned if the $200,000 for restoration could come from another source. Ms.
Deptula said funding was sought from SWFWMD and other agencies bu't there was no
money, available at this time, to assist with the restoration project. The City's appraisal
was for $2.3 million and Hillsborough County's two appraisals were for $1,320,000 and
$1,342,500. Hillsborough insisted on making a lower offer because' they felt it would be, a
disservice to Hillsborough citizens to pay more. Commissioner Berfield's concern was with
Clearwater taxpayers and suggested the. burdensome cost of this project could be shared
with the entire region.
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Mr. Gremley said the offer was authorized by the ELAPP Advisory Committee after
reviewing the appraisals, comparable sales, the regulatory process of land development,
the configuration of the wetlands, the usefulness of the property, and the value of an
immediate cash sale. If the City finds outside funding to restore the site, ELAPP wouldn't
object.
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Mayor Garvey said there was a central management issue and would prefer ELAPP
be responsible for the maintenance and management of the property. Commissioner
Thomas recognized the importance of maintaining the environmental value of the land but
didn't feel the City should be responsible for financing environmental projects for
Hlllsborougl1 and Pinellas counties.
Commissioner Thomas moved tl1at the City not sell the property for the price
offered. keep it in a land bank, not develop it, and base the asking price on what the City
originally paid and when the rest of the region is interested in contributing, the City would
sell it. The motion was seconded.
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Commissioner Berfield requested that staff be directed to see if any other
communities or agencies would provide support for the purchase be added to the motion.
Commissioner Thomas agreed to add this to his motion.
Commissioner Deegan moved to call the a question. The motion was duly
seconded and carried unanimously.
Upon the vote being taken on the motion not to sell the property, Commissioners
'Berfield and Thomas voted "Aye'," Commissi oners Deega n and Fitzgerald and Mayor
Garvey voted "Nay." Motion failod.
Commissioner Deegan moved to accept the offer from Hillsborough County
Environmental Lands Acquisition and Protection Program to purchase city owned property
(Sludge Farm) west of Patterson Road for $1,200,000 with $200,000 of the price to be
allocated toward site restoration as presented, with instructions to the Interim City
Manager to come back with a contract that includes a drawdown of the $200,000 slated
for restoration with all leftover funds reverting to the City. The motion was duly
seconded.
Upon the vote being taken, Commissioners Deegan and Fitzgerald and Mayor
Garvey voted "Aye.1I Commissioners Berfield and Thomas voted "Nay." Motion carried.
ITEM #27 - Code Enforcement Review Task Force (CERTaF) Summary Reoort
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On December 1, 1993, the Citizens' Code Enforcement Review Task Force
(CERTaFI submitted a summary report of their findings, conclusions, and suggestions.
Staff has reviewed the report and their response to the Task Force's recommendations
were submitted to the Commission. The Task Force's and staff's responses were
reviewed: (The Task Force's recommendations are in bold.)
A central "Clearing House" for all code violations.
Lt. Jeff Kronschnabl, Special Assistant to the City Manager / Community Response
Team, stated staff agrees with this recommendation and it is the key element to his
team's success in communication, tracking, accountability, and credibility. They plan to "
" set up a data base that tracks complaints and interacts with the Police Department's CAD
(Computer Aided Dispatch) syst~m.
Commissioner Fitzgerald questioned jf the substantial resources needed to do this
job had been determined. Lt. Kronschnabl said he didn't have the costs detailed but the
system would require staffing levels, hardware, software, and telephone lines. To expand
coverage to twelve hours a day, seven days a week would require approximately six
telephone personnel. Commissioner Fitzgerald requested potential costs be identified prior
to bringing this item back to the Commission for further consideration. Deputy. City
Manager Rice said staff was now seeking direction.
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Commissioner Deegan asked Lt. Kronschnabl to what degree his department now
serves a's a clearing house for code violations. Lt. Kronschnabl said they handle la,nd
development code violations but do little to track complaints directed to other'
departments. Commissioner Deegan asked if Community Response Team responds to
violations of building or nuisance codes. For violations other than land development and
sign code, Lt. Kron'schnabl said his team notifies the director of the proper,department.
His team is beginning to enforce noise code violatio~s.
Need to train code enforcement personnel better in case management to prosecute
problem or habitual offenders more effectively
Educate/communicate better to the citizens the content of the Code of Ordinances.
Training is currently underway.
Lt. Kronschnabl and Scott Shuford are working on an information pamphlet similar
to A Citizen's Guide to Understandlna Code Enforcement. distributed by the City of Port
St. Lucie.
Provide for, enhanced safety for code enforcement personnel via radio
communications system.
This has been done.
'",-', Endorse the concept of "Community Policing" but disagree with shifting Code
Enforcement Administration to the Police Department.
Lt. Kronschnabl said they are using "Community Policing" techniques and policies
to the extent they can. Although Community Response ,will not be supervised by the
Pollce Department, cooperation between the groups is generating the desired result of
enhance enforcement.
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A new upper,level staff po&ition, Code Enforcement Coordinator, be implemented,
reporting directly to the City Manager and having the authority (with regard to code
enforcement issues) over other department heads.
This recommendation was implemented when Lt. Kronschnabl was appointed
Special Assistant to the City Manager / Community Response Team:
Commissioner Fitzgerald expressed concerns that this position would have directive
authority over other department heads. Lt. Kronschnabl explained that all directors were
instructed that if he requests anything regarding code enforcement, he is to be provided
with that service as quickly as possible. He said the response has been exemplary. Ms.
Rice said there is a memo on record from the City Manager's office that says Lt. '
Kronschnabl has authority in code enforcement matters. Commissioner Fitzgerald
expressed concern about this policy should a department head's priorities differ from those
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of Lt. Kronschnabl. Commissioner Thomas suggested this position, was an arm of the City
Manager for code enforcement and all departments report to the City Manager. Ms. Rice
indicated this has not been a problem up to this point; should problems arise they will be
resolved by the City Manager.
The office of Code Enforcement Coordinator be the focal point fOl all code
enforcement matters and the office staffed seven.days per week with a centralized phone
number for the public. Other, City departments receiving code enforcement related
complaints record complaints with the Code Enforcement Coordinator.
Lt. Kronschnabl said this could be accomplished with the appropriate phone system
and personnel.
The office of the Code Enforcement Coordinator be charged with tracking all code
enforce'ment complaints and assuring they reach a successful conclusion.
Lt. Kronschnabl indicated this could be achieved with a centralized telephone
system.
The Code Enforcement Coordinator be provided with adequate funding, staff,
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computers, etc. to efficiently carry out the duties.
Staff is analyzing current equipment, staffing, etc. to determine the needs of the
program.
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Lt. Jeff Kronschnabl be appointed the Code Enforcement Coordinator.
This 'has been done.
The Code Enforcement Coordinator be given the latitude to set up and administer
t~e department as deemod appropriate.
The only issue that has countered this recommendation is an ongoing discussion
over the name "Community Response Team. It
The Task Force now recommends the name be Community Response Team and the
Commission agreed.
The current staff of code inspectors be retained, but transferred to the office of 'the
Code Enforcement Coordinator.
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This has been completed. Sign amortization inspectors have since been added to
the department. .
All code inspectors participate In the training and certification. programs offered by
the Florida Association for Code Enforcement.
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Lt. Kronschnabl said they are actively involved with the association and have
tracked the certification levels of all inspectors.' The department is proceeding with this
item.
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All code Inspectors be provided with marked vehicles, uniforms, and radios with
direct contact with Police Dispatch.
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Lt. Kronschnabl said the uniforms are partially completed. the radios are completed,
and, the vehicles will arrive shortly. He would prefer a few unmarked cars for use in some
case work.
Working hours of code inspectors be staggered to provide seven~day per week
covemge.
Lt. Kronschnabl said with five inspectors, this recommendation was impossible to
implement at this time. ,They can "flex.t, or pay overtime for special situations.
Commissioner Deegan suggested further. consideration of how this could be accomplishZld.
He gave an example of an alternative: instead of hiring six phone operators, inspectors'
hours could be flexed and inspectors could answer telephones while completing
paperwork. '
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, Commissioner Fitzgerald expressed concern regarding how to handle the
recommendations on which staff does not agree. Ms. Rice indicated, based on
Commission direction, staff will determine how to accomplish the recommendations.
Commissioner Fitzgerald stated he did not disagree with seeing if seven-day a week
coverage could ,be accomplished with current resources
Mayor .Garvey noted the Commission had requested seven-day per week coverage
because major violations occur on weekends when inspectors have not been available.
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How staff is dealing with obstacles facing Code Enforcement. was discussed. Lt.
Kronschnabl reported he has had several meetings with the City Attorney regarding repeat
violators and items relating to legal issues. Commissioner Deegan questioned if CERTaF
had a specific recommendation regarding repeat violations. . Lt. Kronschnabl indicated they
liked the Port St. Lucie concept, and while staff had found that to be unacceptable, it is
being reviewed.
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Commissioner Deegan questioned if the Task Force was still meeting and if it was
to address Chapter 26. It was indicated they are still meeting and Chapter 36 is on an
upcoming agenda.
Habitual violation of certain ordinances (illegal signage and outdoor displays),
without fear of prosecution has been allowed and is being looked at on a case by case
basis. Commissioner Deegan questioned the status of sign code variances that were
denied. Ms. Rice said staff was following up on violations and a report would soon be
completed.
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The recommendation to allow for the immediate citing of repeat violators and the
use of a Hearing Master as a supplement to the Municipal Code Enforcement Board
(MCEB) are under review by legal staff. Commissioner Deegan asked if the Hearing Master
differs from the administrative hearing that is the present recourse for appeals. Lt.
Kronschnabl explained a Hearing Master presides over a hearing instead of the MCEB.
Commissioner Deegan requested Lt. Kronschnabl bring Chapter 36 to the board's attention
and to consider whether its desirable to change the ordinance so the City Commission
becomes the court of appeal rather than a Hearing Master or the U.S. Circuit Court. Ms.
Rice said they would discuss this with the legal department as State law might address
this already.
Mayor Garvey said the City Commission once heard appeals and many more
appealed under that system. Commissioner Thomas thought the City Commission should
be part of the appellate process. Lt. Kronschnabl explained the purpose of the Hearing
Master discussed in the report was to hear cases, not appeals, by an individual instead of
a board. This format should be more timely and effective.
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Lt. Kronschnabl said the City is now using the County Court System for code
enforcement and intends to do more in the future. The report recommended using the
concept of ttReview and Determination" and "Certification of Fine" by the MCEB in dealing C
with repeat violators. Also suggested was an improvement of foreclosing on liens
resulting from MCEB actions. The legal Department is reviewing both of.these issues and
~xpects to have recommendations by June 30, 1994. Commissioner Deegan requested
the City Attorney present a recommendation within 30 days. Mayor Garvey suggested the
City Attorney be allowed to review his schedule to respond more quickly but not
necessarily within 30 days.
Posting of property be deemed adequate service of notice when other methods at
contacting the owners have failed.
Lt. Kronschnabl said his department uses alternate methods of communication and
is working on them for implementation.
Lt. Kronschnabl said this problem was eliminated with staff's'completion of
"parking specialisf' training in January. Other alternatives are being implemented.
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The Code Enforcement Coordinator work with Public Works to resolve the inability
of code inspectors to cite abandoned vehicles on the grass area of a City right-at-way in
the same manner as on private property.
CERTaF recommends the following modifications of the Code of Ordinances:
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Section 2.211 w modify the definition of repeat violator.
Legal is reviewing.
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Section 2.218 - renumber in proper sequence and modify the language of this
section to be consistent with the establishment of the Code Enforcement Coordinator
position.
Legal is reviewing.
The Police Department clearly define what they are anempting to accomplish by
regulations in Chapter 7 and work with the City Attorney's office to draft a replacement
ordinance that addresses the desired objectives. CERTaF believes the chapter is poorly
written and generally not enforced.
Chief Klein has advised that the Police Department will begin the process and
coordinate their efforts with the City Attorney.
The language of Chapter 20, Article I, be modified 50 it is consistent with the
establishment of the position of Code Enforcement Coordinator.
City staff will request the legal department to review this recommendation and
report its findings. '
The Police Department undergo further training with regard to the enforcement of
Chapter 20, Article III, Nuisances.
The Police Department is undergoing training over the next 12 weeks. Lt.
Kronschnabl said they have identified the top n 1 O'~ code violations as recommended by the
Commission. They are: 1} Vehicle issues such as cars abandoned or for sale in the right-
of'way; commercial trucks, semi-trailer trucks, and recreation vehicles in residential
neighborhoods; illegal parking in the right-of-way, in handicapped spaces, and in fire lanes;
21 HOUSing Issues including overcrowding, overgrown lots, unsafe structures, and LP gas;
31 Debris problems such as debris around houses, commercial property, ditches,
dumpsters. alleys. streets, waterways, illegal dumping violations, littering, lot clearing, and
overgrown grass violations; 4) OccupatIOnal licensing problems/issues including solicitors,
operAting businesses out of residences, telemarketing operations, license requirements,
vendors on right-of-way, and conditional use permit requirements; 5) Business problems'
and issues such as operating without a license, inoperative emergenby or accident lighting,
improper storage,' blocked or locked exits, stock stacked too close to ceiling, smoke
detector, etc.; 6) Noise violations: loud music, business noise, muffler violations, etc.; 7)
Signage problems and issues on the right-at-way including house and business numbering;
8} Park issues and problems: enforcement of the closing time, alcohol and animal
violations; 9) Graffiti and vandalism enforcement; and 10) Overdue library books and
materials.
Commissioner Deegan asked if the violations were listed in priority order. Lt.
Kronschnabl indicated they were not.
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Commissioner Deegan expressed concerns on how Lt. Kronschnabl 's department
would coordinate noise violations with the Police. Lt. Kronschnabl said he and Chief Klein
met and decided Lt. Kronschnabt1s department will handle business type noise and the
Police will respond to loud parties and radios. Commissioner Deegan noted this was
already an exception to Lt. Kronschnabt1s department being the central clearing house for
all code violations.
Section 21.02 be expanded to include the indiscriminate throwing of unsolicited
newspapers or advertising on fro'nt lawns.
The City Attorney said this is a problem under the First Amendment. A law in West
Palm Beach forbidding newspapers from throwing papers on a lawn without permission
was declared invalid. Commissioner. Deegan said most complaints are not about regularly
scheduled newspapers but advertising circulars. The City Attorney said marlY circulars are
sprinkled with enough news to declare themselves to be a newspaper. Commissioner
Fitzgerald said an issue was homeowners' inability to cancel unsolicited newspapers and
advertising when they are out of town. Commissioner Berfield questioned why property
owners don't have the right to say they don't want things thrown on their property. ' The
City Attorney said it was a collision of the rights of the property owner with those of a
free press. Courts have been protective of the press.
Section 21.03, prohibited treesl be made a part of Chapter 20, Lot Clearing so the
City can take action to remove nuisance plants.
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This issue was referred to the City Attorney and Public Works for resolution.
, Question the applicability and constitutionality of Section 21.04 dealing with
Fortunetelling. etc..
Chief Klein strongly requests the retention of this section in its entirety because the
ordinance serves the City's efforts in identifying and enforcing fraud' related crimes .
as~ociated with this type of business. There was Commission consensus to accept the
Chief's recommendation.
Section 21.05. Disrobing in Public, be repealed as it is awkward and unnecessary.
City staff agrees. Assistant City Attorney Rob Surette is presently working on a
public nudity ordinance that should address this issue and others involving public nudity.
Section 21.08, False Reports of Bombing, etc. may be unnecessary as a City
Ordinance as it is covered by State statutes.
City staff agrees and the legal department will review.
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Section 21.11. Disorderly Conduct; loitering may be unnecessary as a City
Ordinance as it is covered by State statutes.
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Chief ,Klein strongly recommends the City retain this ordinance as it provides
broader latitude and extra leverage than State law. The City Attorney said he thought the
City Ordinance is better than State statute. The Commission agreed with the Chief's
recommendation.
No revision be made to Chapter 23. Peddlers, Solicitors an~ Canvassers, and
Chapter 30, Traffic and Motor Vehicles.
Staff agrees.
In Section 28.08. the Commission exempt official address numbers from the
prohibition of painting/marking curbs. An improved minimum standard for address
numbers be implemented in both commercial and residential zones.
Director of Central Permitting, Scott Shuford, said the direction given by CERTaF
was to utilize the current address sign sizes and publicize the information. Mr. Shuford
indicated the City would include the information in utility stuffers for two consecutive
months to educate citizens on this updated City code which now requi,res arabic numbers
for addresses. Ms. Rice said the flyers were complete but staff would not send them until
certain there were no more changes to the Code.
Commissioner Thomas thought one of the weakest points of the City is streBt
numbering. He felt addresses should be lit and those on buildings set back from the street
should be subject to a different size standard.
('; Commissioner Deegan suggested'the section of the report dealing with new
ordinances .brought forward by staff be discussed as the ordinances are brought to the
Commission for action.
Commissioner Berfield asked how many more Chapters remained for the task force
to review. Ms. Deptula said the task force indicated they needed to work on Chapters 36,
39. and 41. Ms. Rice sald staff would advise the Commission of a final count.
Commissioner Deegan agreed the City needs to provide more hours of coverage.
He suggested Lt. Kronschnabl advise the Commission what resources it would take to
provide reasonable coverage. He recommended flex time with present staff be considered.
Lt. Kronschnabl said his department is completing tracking sheets and a time study to
better view details of a code inspector's day.
Mayor Garvey agreed the hours need to be expanded, but didn't feel all of the
upgrades needed to be completed at once and could be phased in over a number of years.
Commissioner Deegan suggested using volunteers for an address sweep and retired police
officers familiar with the code on a part time basis rather than hiring full time staff. Lt.
Kronschnabl visits homeowners associations on a regular basis to explain codes and
. attract volunteers. Mayor Garvey expressed concerns that the city not foster friction
, between neighbors.
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Commissioner Berfield said she was not comfortable with the, name Community
Response Team and expressed her concern that the word "code" should be included. She
was concerned that citizens would call the IIResponse Teamt! when they required the'
,services of other departments. Lt. Kronschnabl felt that through education, this would not
be a problem. Commissioners Thomas and Fitzgerald preferred the word "code" be
inserted in the name.
,Ms. Rice said staff would track phone calls to discern if there is a problem with the
name. Lt. Kronschnabl said the word "code" is on the department's business cards and in
the bulletins they mail. "Code Enforcement" is listed above the department's door in the
Annex. He felt the new name has been very effective and has far reaching implications
beyond the increased morale of the team.
Commissioner Thomas asked if there would be a problem with adding the word
"Code" to 'the name. Lt. Kronschnabl replied that of all the things that concerned the
team, their name was the most important.
Commissioner Deegan said he .originally raised this issue. His concerns were
allayed when he asked citizens their opinion. The typical response was, "what's a code i'''
He felt this was a matter for the City Manager to decide.
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David Campbeil said this point was argued at the last CERTaF meeting before
"Community Response Teamtl was chosen unanimously. He felt the. name should be
"Community Response Team for Code Enforcement" but had not discussed his suggestion
wi~h the CERTaF. Commissioner Thomas said he withdrew his support for adding the
word "coden to the name.
Commissioner Thomas moved to accept the CERTaF Summary and refer it to staff
for action and provide the Task Force with a formal answer summarizing the Commission's
response to each of the recommendations. The motion was duly seconded and carried
unanimously.
ITEM #28 - Pelican Walk Develooment
On December 2, 1993, the City Commission considered an amendment to the final
site plan for Pelican Walk to permit a 12 foot wide driveway which would allow traffic
access from Mandalay Avenue. . Staff recommended denial of the amendment due to
concerns regarding pedestrian safety and the fact that the applicant received a setback
variance from the Development Code Adjustment Board (DCAB) partially due to the
pedestrian,nature of the site design. It was also noted the DCAB had placed a condition
on the granting of the variance, requiring any changes to the site plan be brought to the
DCAB for consideration.
The Commission's action on the site plan allowed the amendment to the site plan
to be made if staff's safety concerns were addressed and the amendment received the'
DCAB's approval. The DCAB denied the amendment. '
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Commissioner Thomas has expressed concern regarding the procedures for appeal
from a decision of the DCAB, as current code provides for these appeals to be heard by an
Administrative Hearing Officer. Commissioner Thomas feels appeals should be heard by
the Commission and has asked the City Attorney to draft an ordinance to institute same.
a) Receipt/Referral. LDCA re revised setbacks in the Beach Commercial Zoning District
ILDCA94w04)
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In 1992, staff proposed several changes to setback requirements in the Beach
Commercial district primarily to eliminate the structural setback requirement from a streot
right'of~way and to correct inequities in the setback requirements for residential structures.
The proposed code amendment was put "on hold" pending an overall redevelopment and
zoning plan for Clearwater Beach.
Staff felt the proposed ordinance is in keeping with the Tropical Seascape Theme
design proposals as it promotes improved pedestrian ambiance along the Beach
Commercial streetfronts. Staff again recommends Commission consideration and
approval. The Planning and Zoning Board (P&Z) and the Development Code Adjustment
Board (DCAB) need to review this proposed code amendment.
Interim City Manager Elizabeth Deptula said several issues needed to be addressed.
The Commission had directed Messrs. Baker, Shuford, and Yauchto work with the
developers to see if adjustments to the site plan could be made and then send it back to
DCAB for a variance approval. At the January 13, 1994 DCAB meeting, the variance was
(not granted after more than two hours of discussion. The developer filed an appeal with
,') the City Clerk's office and will be scheduled to appear bofore a hearing officer. She said
there was discussion about changing the appeal process so the City Commission would
hear the appeals of DCAB and P&Z decisions. The proposed ordinance to change the
setback requirements in the beach commercial zoning district would alleviate this
developer's problem.
Mr. Shuford discussed the pros and cons of changing this appeal process: Pros: 1)
the Hearing Officer process tends to discount testimony provided by non-expert witnesses;
2) the Commission might be' more capable of balancing broad City goals; and 3) an appeal
made directly to the Commission would shorten the time frame. Cons: 1) the Commission
would be in an awkward position when considering appeals of City applications; 2)
additional demands on the Commissions' time, particularly if the number of cases
increases; 3) a perception that Commission appeals may create the politicization of a
quasi-judicial process; 4) the process of appeals to a Hearing Officer is well established
and organized and 5) the process is apolitical and generally impartial.
Ms. Deptula said between October 1990 and December 1993, there were 20
appeals of P&Z and DCAB decisions. Of those 20, five were overturned, six were upheld,
five were;withdrawn, and four are scheduled for February hearings. '
In discussing the proposed code amendment, Mr. Shuford said staff felt all property
III tile beach commercial district should be treated equally. Moving the setback up to the
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Commissioner Thomas questioned mandating zero setbacks. He cited Pelican
Walk's design with three pillars in the front, adding dimension to the building, which is
more attractive than a flat front. He suggested the builder would be unable to have
sculpture or structure on a zero set back ~asis.
Commissioner Thomas' asked if this ordinance would solve the Pelican Walk
problem. Mr. Shuford agreed it would negate the need for the variance. Once the
ordinance took effect, staff would allow the applicant to modify the site plan without
coming back to a board as the safety issues have been addressed.
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street right.of~way would create a better design feature than the gaps created by present
code. Ha fait tha zaro~foat setback should be required on parts of Mandalay Avenue and
noted that parking in front fosters a preference for vehicular rather than the preferred
pedestrian traffic.
Mayor Garvey said appeals were assigned to a Hearing Officer because when they
were heard by the Commission, it was very political. She suggested the quasi-judicial
process would cause the Commission increased difficulty because of their inability to
discus's the issue. The City Attorney said it would eliminate the Commission's ability to
rt~celve exparte communications.
Commissioner Deegan felt the number of appeals was low because the process is
expensive and time consuming. He suggested the City may be doing the public a
disservice by setting up a lengthy, time consuming, and costly approach for conducting an
appeal. He noted this issue has been referred to the Code Enforcement Review Task
Force.
, Commissioner Thomas moved to receive the LDCA recommendation of revised
setbacks in the Beach Commercial Zoning District and refer it to the City Clerk for
advertising tor public hearing. The motion was duly seconded.
Lois Cormier expressed concern that special privileges were being given. She
attended the DCAB meeting and felt Pelican Walk put an undue burden and pressure on
staft and DCAS. She said this is the third recent case in which she is concerned that
political pressure is unfairly' affecting outcomes. She said Hearing Officers are valuable
because they are from out of town and know the law. She didn't want the City
Commission to be responsible for final decisions because of politicization.
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Bob Bickerstaffe said a developer should never get to a .point where concrete and
pilings are in place when 'problems crop up. He felt staff should use common sense and
judgment and explain to boards what tJ:le codes allow one to do. If the City wants to
attract entrepreneurs, it cannot have inflexible rules. He felt the problem at the DCAB
meeting was that staff did not say at the very beginning that Traffic Engineering and
Public Works had worked out a safe way for the problem to be solved. He disagreed any
favors were done.
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Commissioner Berfield said she wanted to uphold DCAB's decision. When she
voted to approve Pelican Walk's original site' plan it was with the clear understanding there.
would be no additional curb cuts on Mandalay. She objected to passing laws "after the
fact. II She agreed to have staff help design a curb cut under the mistaken impression that
Eckerd Drugs had backed out of a commitment when, in fact, no agreement ever existed.
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Commissioner Thomas said the developer's conflict was a result of a
misunderstanding of who owned the Eckerd Drug building which is under the control of
the pension fund,' a different organization. Even though the drug company approved the
agreement, the pension fund did not.
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Commissioner Fitzgerald said when he approved staff review of the situation, he,
was not approving a'driveway or curb cut. He noted that after their lengthy discussion,
DCAB voted unanimously to disapprove the plan. He felt a need to support DCAB and
was bothered by changing the rules at this point.
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Commissioner Berfield noted that when the developer came to the Commission for
a change, the concrete had already been poured. She was uneasy about the course of
events.
, Mayor Garvey agreed with Commissioner Berfield that the developers began work
on the project knowing they did not have permission for the variance. On the other side,
she felt the code amendment appropriate for the beach and should b'e considered.
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Commissioner Berfield suggested this item be brought back in a month.
Commissioner Thomas commented that decisions were being made based on this
particular application and not on the merits of the amendment.
Mr. Shuford said Pelican Walk is in an appeal process. Ms. Deptula said if this item
was approved there was a good chance it would come up for second reading before the
regular appeal process was completed. Commissioner Deegan stated he would like to give
Pelican Walk the opportunity to resolve the problem. He felt the agreement with Eckerd
Drug falling through was not a malicious act on the part of the developer.
Commissioner Berfield suggested setbacks should be required of every business.
Mr. Shuford said setbacks would ignore the existing development pattern. She requested
P&Z and DCAB be made aware of her suggestion.
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Upon the vote being taken, Commissioners Deegan. Berfield and Thomas and Mayor
Garvey voted" Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
The meeting was recessed from 4:29 to 4:40 p.m..
ITEM 1/29 - Community Relations Board - 1 aooointment {eLK}
Commissioner Fitzger!3ld moved to appoint James B. Murray, Jr. The motion was
duly seconded and carried unanimously.
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ITEM 1130 ~ Librarv Board. 1 apoointment (CLK)
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Commissioner Berfield moved to appoint Joanne Laurenti. The motion was duly
seconded and carried unanimously.
ITEM 1131 . Parks and Recreation Board - 2 appointments (CLK)
Commissioner Berfield moved to appoint Charles Weaver. Th!3 motion was duly
seconded and carried unanimously.
, Commissioner Thomas moved to appoint William Kirbas. The motion was, duly
seconded and carried unanimously.
ITEM #32 - North Greenwood Design Review Committee;' 5 appointments (elK)
Commissioner Berfield moved to reappoint Thomas Hinson to the property owners
or merchant category. The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Annie 'Battle to fill the II At-Large Alternate II
'; seat. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to appoint Harry Howard to fill the CNHS
representa,tive seat. The motion was duly seconded and carried unanimously.
(~/
lit was later found that Mr. Howard was not a City resident and is, therefore,
ineligi ble.)
ITEM 1133 - Municipal Code Enforcement Board ~ 2 appointments (CLK)
Commissioner Deegan moved to appoint Carl Rayborn to finish term to 10/31/96
(Wyatt's term). The motion was duly seconded and carried unanimously.
Commissioner Berfield moved to appoint Robert Theroux to finish term to 10/31/95
(S,hannon's term). The motion was duly seconded and carried unanimously.
ITEM #34 - Other Pending Matters
a) Update re Bie property on Clearwater Harbor
Peter Yauch, Assistant Director Public Works, said on January 27, 1994,
Environmental Programs Supervisor Terry Finch and Real Estate Services Manager Earl
Barrett met with a representative of the Trust for Public Land who toured the'Bie property.
The representative suggested the City either find a benefactor to finance the purchase of
the property or a veterans group interested in purcha'sing a waterfront park. Discussions
are continuing and the item will be brought back at a later date.
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CITY ATTORNEY REPORTS
ITEM #35 .. Resolut~
a) Res. #94.13 . Assessing property owners' costs of mowing or clearing owners' lots.
, The City Attorney presented Resolution If 94.13 and read it by title only. ,
Commissioner Fitzgerald moved to pass and adopt Resolution # 94-13 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"A yes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Motion carried.
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"A yes ": Fitzgerald. Barfield, Deegan and Thomas.
"Nays": Garvey.
Motion carried.
ITEM #36 . Other City Attornev Items
a) Legal Department Staffing level
City Attorney Galbraith reported Assistant City Attorney Rob Surette will be taking
a ten.week medical leave of absence beginning in mid-February. He noted the difficulty in
shifting Mr. Surette's caseload to the remainder of the department. He requested approval
of two new positions. The attorney position, scheduled for hire at the low end of a pay
range of $4,3,000 - $70,000, would become an Assistant Pollce Legal Adviser working on
code enforcement out of the Police station. The other position for a receptionist at
$15,738 to $22,645 would work out of the Legal Department in City Hall to screen calls,
greet visitors, serve as backup for typing' and paper flow management, handle the mail,
and save the secretaries from interruptions and distractions.
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Mayor Garvey questioned the cost of additional personnel. The City Attorney said
once Human Resources calculated the cost to the City, he will present the Commission
with a budget amendment. .
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Commissioner Thomas said he opposed any changes until the Hildebrandt study
was received and reviewed. He suggested contracting outside counsel until then. Ms.
Rice said the report should be completed by February 4, 1994.
Commissioner Deegan concurred with Commissioner Thomas. Mayor Garvey noted
the legal department is already understaffed and the loss of an Assistant City Attorney will
furth~r hinder the department's ability to complete tasks requested by the Commission.
Commissioner Fitzgerald questioned how long it would take to fill the position. Mr.
Galbraith felt someone could be on board by May. Commissioner Fitzgerald suggested the
Assistant City Attorney might be back by then. Mr. Galbraith indicated he may be
recommending the use of outside counsel for several cases. He had planned to
recommend additional positions for next year.
The consensus of the Commission was to delay a decision on this item until after
the Hildebrandt Report is received.
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The City Attorney recommended a classification system for /lissistant City
, Attorney I and Assistant City Attorney II with salary ranges of $35,000 to $50,000 and
$43,000 to $70,000. He also requested approval ofe merit pay raise schedule. His
staffs' reviews are delayed because his department's SAMP plan is incomplete.
Commissioner Thomas said he did not want to make any changes in the legal
department until he had reviewed the Hildebrandt study.
b) Attorney General Opinion re Government in the Sunshine law
The City Attorney requested approval of a letter to the Attorney General requesting
an opinion on the attendance of .two board members at a meeting of another board, when
the other board is complying with the Government in the Sunshine Law.
These questions were prompted by Commissioner Berfield, a board member of the
Jolltly Trolley Corporation. The same question would relate to a Commissioner's
attendance at a meeting of the PPC, the MPQ,' or any other board which is subject to tho
. Sunshine law and has a City Commissioner sitting as a member, or if two Commissioners
attend and participate in a meeting of the Board of County Commissioners or the
Legislative Delegation.
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Mr. Galbraith said if he were to render an opinion on these questions, the answer,
in view of the 1992 Attorney General opinion regarding candidates' forums, would be that
two or more Commissioners could not attend these meetings without notice and minutes
per the Sunshine Law. If the Attorney General renders the same opinion, the City could
take this issue to the Legislature with a request for remedial legislation.
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Commissioner Deegan said unless the Commission disagrees with Mr. Galbraith's
opinion that notice was required, there was no need to ask for an Attorney General
opinion. Commissioner Berfield suggested o~taining an opinion to back up Mr. Galbraith.
The City Attorney said he would like to give the Attorney General the opportunity
to say Commissioners can attend a meeting of a board on which another Commissioner
sits as long as the board is complying with the Sunshine Law. If the Attorney General said
Commissioners could not attend, the City could ask for an amendment to the Sunshine
Law.
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Commissioner Thomas said he did not believe it was a violation of any law for a
City Commissioner to attend, appear and speak at a publicly advertised meeting held in the
Sunshine where another City Commissioner sits on the board. Commissioner Deegan
suggested attendance was not illegal but an interchange was.
Commissioner Thomas moved that the Commission not act on the City Attorney's
suggestion to send a letter to the Attorney General. The motion was duly seconded.
Upon the vote being taken, Commissioners Deegan, Fitzgerald and Thomas and Mayor
Garvey voted "Aye. It Commissioner Berfield voted "Nay." Motion carried.
Item. Potential litigation involving the Church of Scientology relating to Public Records in
the police department
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The Church of Scientology sent a letter requesting access to records, followed by a
letter asking that public access to certain records not be permitted. The City Attorney
asked Alan Zimmet to participate in responding to these requests because of his familiarity
with the pending litigation.
Mr. Galbraith explained the Police Department has a quantity of records that have
been determined to be public, in the sense they are no longer part of an active, ongoing,
investigative file.
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Mr. Zimmet said Chief Klein and Mr. Galbraith requested his help after Chief Klein
received requests for public records from the St. Petersburg Times and the Church of
Scientology. These documents are mostly from litigation pending in 1988. An attorney
from th~ Church of Scientology then sent a letter to the City requesting these documents
no longer be made available to the public.
Mr. Zimmet said he contacted the attorney, Mr. Johnson, and spoke with an
associate. The letter is unclear about who exactly Mr. Johnson represonts and what
documents he expects the Police Department to no longer provide in response to public
records requests. He said the letter is asking the City and Police Department to violate the,
public records law based on a greater right to privacy. Mr. Zimmet suggested the City
could file for a declaratory judgement action.
Mr. Galbraith recommended a declaratory judgement action in circuit court be filed
to allow the City to define the issues and show the City, in good faith, is trying to comply
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with the law. Commissioner Berfield questioned if the City could deny access to these
documents until after the judgement. Mr. Zimmet recommended complying with the public
records law until a judge has ruled. He said serious penalties for breaking the public
records law include criminal charges.
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Commissioner Thomas moved to approve the filing of a declaratory judgement
action, leaving the records open to the public in the meantime and using Mr. Zimmet as
outside counsel on this action. The motion was duly seconded.
Commissioner Thomas amended his motion to include a $5,000 cap, with the
understanding if it was found additional documents would require review, Mr. 2immet
could return to the Commission for a reevaluation of this agreement. The seconder
accepted the amendment. Upon the vote being taken, the motion carried unanimously.
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Mr. Zimmet spoke to the retention of his law firm. He noted his rate of $85 per
hour was set in 1987 and he would handle this case for $125 an hour, which is a reduced
rate. Commissioner Thomas asked Mr. Zimmet for an estimate of time required. Mr.
Zimmet said the Police Department produced 40 boxes of documents and estimated the
case would cost between $10,000 and $15,000. depending on the number of documents
requiring review. Commissioner Thomas asked how much it would cost for just the legal
side and Mr. Zimmet estimated $5,000. '
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Item ,- Church of Scientology Litigation
The City Attorney said the City received a proposal from outside counsel to retain
the services of Jenner and Block, a Washington, D.C. law firm to assist in the preparation
of the City's petition for writ of certiorari to the Supreme Court. Services would consist of
the use of paralegals to'review numerous documents in Washington, D.C., and attorneys
to review and critique the draft of the'petition for certiorari. Paralegal services will be
billed at $ 68 - $70 1 hour. It is estimated this work will take 1 50 to 200 hours. There is a
$5,000 cap on attorneys' fees.
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Commissioner Thomas moved to approve retaining the services of Jenner and Block
law firm to assist in the preparation of the City's petition for writ of certiorari to the
Supreme Court. The motion was duly seconded and carried unanimously.
Item - Appeal of Ch~rlie A. Marcus in his case against the City and Officer Carrasquillo
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The City Attorney requested authority to retain the law firm of Fowler, White as
outside counsel to handle the appeal of Charlie A. Marcus in his case against the City and
Officer Carrasquillo. Because of an apparent conflict of interest between the City and
Officer Carrasquillo, the City brought in two law firms to try the case. The trial resulted in
a t1defense verdict" (that is, nothing) for the plaintiff. Mr. Galbraith said staff is surprised
an appeal was filed and preferred not handling the appeal in-house due to the time required
and the fact that Mr. Surette, the only in.house lawyer familiar with the facts, will be out
of service until early May. He did not believe the City needed two law firms on the appeal.
. Fowler, White represented Officer Carrasquillo. Mr. Stoler of that firm believes the conflict
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Commissioner Thomas moved that Mr. Galbraith negotiate with the general
managing partner of Fowler, White on a recommendation of an attorney to handle the
appeal of this case for the Commission to give final approval on February 3, 1994. The
motion was duty seconded and carried unanimously.
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vfas resolved, but will obtain the consent of all parties to allow the appeal to be handled'
by a single firm.
Item - lawsuit filed by luqman Abdul AIi against the City in federal court
Mr. Galbraith requested authority to retain Thompson, Sizemore and Gonzalez as
special counsel to represent the City in a lawsuit filed by Luqman Abdul Ali against the
City in federal court (Case No. 93~1834-CIV-T-24). This suit, served on the City on
January 28, 1994, is actually a reincarnation of a pending suit filed in 1992 which has
been handled by Thompson, Sizemore and Gonzalez.
Commissioner Deegan asked for an estimate of the law firm's fee. He questioned
how much of the. amount authorized in the budget for outside counsel had bean expended.
Mr. Galbraith will bring these numbers to the February 3, 1994 meeting.
Commissioner Thomas pointed out the. case has been appealed and the City doesn't have
a choice but defend the appeal. Mr. Galbraith said this complaint, filed in district court,
was an was attempt by Mr. AIi to drop the existing case and start from scratch.
t:'> Commissioner Thomas said he sees a lot of work at Thompson, Sizemore &
Gonzalez and passed out resumes from another law firm for the City Attorney to evaluate
as outside counsel.
Commissioner Fitzgerald moved to retain Thompson, Sizemore & Gonzalez as
special counsel regarding AIi v. City. The motion was duly seconded. Upon the vote
being taken, Commissioners Fitzgerald, Berfield and Thomas and Mayor Garvey voted
"Aye." Commissioner Deegan voted "Nay. It Motion carried.
Item ~ Ice House
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Tim Johnson, the owner's attorney, has indicated the amendments to the
agreement approved at the last meeting are not acceptable to the owner. Mr. Galbraith
was waiting for a letter from Mr. Johnson to that effect. Mr. Johnson will bEl out of town
all next week. Legal staff recommends this matter be added to the February 7 agenda,
when the Commission will meet to hear sign variances. Mr. Galbraith felt an agreement
was close if it can be discussed in the presence of the owner and his attorney.
It was the consensus of the Commission that this item be heard at the February 7
meeting following the completion of other agendaed business. Mayor Garvey requested
that Mr. Johnson provide the Commission, in writing, the points objected to by his client.
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Item - Tracking List
It was the consensus of the Commission that the City Attorney provide a tracking
list separate from the Interim City Manager's.
Commissioner Deegan requested all items being tracked be listed, not just priorities
one through four., He wanted to be certain that everything requested by the Commission
appears on the City Attorney's tracking list. He pointed out the Commissions' request
regarding an interpretation of "their duties" as used in the pension plan when determining
disability was not on the list. He suggested Mr. Galbraith use the same format as the
Interim City Manager. '
Commissioner Deegan questioned if Mr. Galbraith intended to do a "Friday Recap"
every week. The City Attorney said he did not plan on, distributing a weekly recap unless
circumstances require immediate Commission action.
ITEM #37 - Citv Menaaer Verbal Reoorts
a) Recommended Posted Speed limit - ,Clearwater Pass Bridge
. Kisinger Campo and Associates (KCA), the City's consulting engineer regarding
. Clearwater Pass Bridge has assessed the bridge inspection reports and reviewed the
channel monitoring data for the Clearwater Pass Bridge and recommends an increase in the
posted speed limit from 15 MPH to 25 MPH. KCA will continue to monitor the integrity (,)f .
the structure and evaluate the scour of the channel. If conditions change, are-evaluation
would be warranted.
Ms. Deptula said it will take several days to update the signs once the change is
approved. Mayor Garvey was concerned that the speed limit continue to be vigorously
enforced. Ms. Deptula said her recommendation was to continue strict enforcement.
Commissioner Thomas moved to change the speed limit on the Clearwater Pass,
Bridge to 25 MPH. T~e motion was duly seconded and carried unanimously.
Peter Yauch estimated new signs would be posted within a week. The new speed
limit will take effect when updated signs are posted.
bl Flood Damage - Lafferty Residence
Ms. Lafferty has requested the City reimburse her for flood damage to her residence
at 1707 Harbor Drive. The house was constructed under the City's CDSG housing
p'rogram in accordance' with all codes. The flood level elevation requirement there is 11
feet above mean sea level. There are no requirements for garage elevation. On August
25, 1993, a severe thunderstorm resulted in storm water sufficient to enter the ground
level garage, damaging property Ms. Lafferty chose to store there~
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. The City's Risk Management Office found no liability on the part of the City. Johns
Eastern, a City Insurance Agency, denied the damage claim and stated the City is not ,
liable for an "Act of God.'! At the January 11, 1994 meeting of the Neighborhood
Advisory Committee, they recommended the City improve storm drainage facilities in the
neighborhood which is already under design by the Engineering Department. They
suggested the City maintain the existing storm drainage system which is a routine function
of the City's Public Service Division. The storm drain pipe in that neighborhood was not
stopped up nor did it fail to operate. They also recommended the City pay Ms. Lafferty
$1,000 for her damages as a humanitarian act even though the City was not liable for
damag~s.
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Ms. Deptula recommends that no payment be made because the City was not
negligent in the maintenance of its storm water system, nor is it required to provide storm
systems that cannot be exceeded by any size storm. There was sufficient water falling
upon the Lafferty property alone to inundate the garage, notwithstanding the carrying
capacity of the pipe from the street to Stevenson Creek.
The consequences of paying a property owner even remotely associated with flood
damages when not a result of City negligence could become astounding. While staff
appreciates the Neighborhood Advisory Committee's sensitivity to Ms. Lafferty's situation,
there are numerous other, perhaps even more deserving, humanitarian gestures the City
might make in behalf of its many citizens.
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Commissioner Thomas moved that no payment be made for flood damages to Ms.
Lafferty. The motion was duly seconded and carried unanimously.
Ms. Deptula said staff would send a letter to the Neighborhood Advisory Committee
with staff recommendation and the Commission's agreement.
c) Executive Session Proposal
The Interim City Manager has submitted a proposal for briefing sessions. Their
purpose is to allow staff to inform City Commission, in a less formal atmosphere than a
regular Commission meeting, on complicated issues that will be brought before them for
decisions at a future regular meeting; to allow the surfacing of additional issues and
positions for consideration before an actual vote by the Commission; and to make
educational presentations.. Commission decisions would not be made at these sessions.
The format will provide an opportunity to discuss issues with staff and other
Commissioners, ask questions, and request additional information. An agenda will be
published for each session and attached as a separate page to the regular Monday
(Business) Meetings. Minutes will be kept by the City Clerk and approved by the City
Commission at their next regular meeting. Generally, the public would not be allowed to
speak unless specifically requested and agreed to by the Commission.
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Commissioner Deegan stated he thought the COI:nmission had decided these
presentations could take place during regular meetings. Ms. Deptula felt the term
"Presentations" was confusing because in some circumstances, brainstorming will be
required.
Commissioner Thomas suggested if the Commission required a "Work Session," it
should be called that. Commissioner Fitzgerald agreed with that term, too. He thought
the purpose of these meetings was for informal information gathering and exchange
among the Commission and staff, not decision making. He said Commissioners would
then have a chance to think about what was presented and ask questions prior to
committing themselves to a vote. Commissioner Thomas said he had no problem with
separating the Monday meetings into two sessions.
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Commissioner Barfield askad if there were any guidelines regarding public
participation in these session. She felt they owed it to the public to be clear on this point.
Mayor Garvey said the public could address the issue when the item was on the regular
agenda. Ms. Deptula said as soon as staff knows about pending Work Sessions, they
would bring it to the Commission's attention to see if there was anyone they wanted to.
speak to the issue besides staff. Commissioner Fitzgerald doubted many of these issues
would be presented on the spur of the moment.
Commissioner Berfield felt uncomfortable meeting at the table because of the .
difficulty of making a presentation with visual aids. Mayor Garvey felt it was difficult to
hold an informal meeting seated at the dais.
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Commissioner Deegan said if the Com'mission faced a subject so complicated it
required special education before taking action, the Commission might be required to
repeat all they learned in the Work Session to the public. He said i't will be more difficult
for citizens to understand positions embraced by Commissioners if they aren't included in
. the educating process. He concurred with Commissioner Berfield about holding the
meeting on the dais.
Commissioner Thomas request.ed Work Sessions be televised. Ms. Rice said until
the City has its own channel, Work Sessions held outside the regular schedule could not
be guaranteed air time. Commissioner Thomas asked if Vision Cable could set up cameras
wherever the Commission meets. It was decided this would not be possible.
Item - State Road 60 designation on the beach
Peter Yauch said when staff negotiated with the Department of Transportation
(DOT) on Cleveland Street five months earlier, the possibility of taking the last two or
three blocks of SR 60 (Marianne Street and Causeway Blvd.) back from the State was
discussed as a trade in the swap of Cleveland Street for Chestnut Street to equalize lane
mileage. The swap was not further pursued.' .
Mr. Yauch said this swap would allow the City some developmental flexibility on
Clearwater Beach with those two roads. Com~issioner Deegan asked for an estimate of
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annual maintenance costs'. Mr. Yauch said they hadn't progressed far enough to
determine that figure. Bill Baker. Acting Assistant City Manager, said a new Functional
Classification Plan which identities which roads are under the jurisdiction of the City,
county'; and State would soon be published. Since there iS,a good chance that the City's
responsibilities for road maintenance will expand, he recommended no decision be made
on this item until the completed pl.an is presented to the City.
The Commission concurred with Mr. Baker's recommendation and took no further
action on this item.
Item - Christmas tree at the bayfront
The Holiday Christmas decorations are put up, maintained, taken down, and stored
by contract. The present tree placed on the bayfront is much smaller than the 65 foot tree
the City previously erected. City staff could once again erect a larger tree for an initial
investment of approximately $2,000 for the lights plus an annual cost for erecting the
tree.
Commissioner Thomas said he's heard many complaints about the small tree. Many
felt the original, giant, lighted tree was the highlight of Clearwater's holiday decorations.
He thought the estimated cost was closer to $6,000. It was the consensus of the
Commission that the City provide the large tree for future holiday decoration.
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Item - Maintenance of the Maas Brothers building
The Interim City Manager said staff has concerns about the appearance of the Maas
Brothers building and recommended the exterior of the building be painted. The Acting
City Manager, Bill Baker, explained that ties that once anchored the side panels now need
removal in or~er to roll paint on the building. The cost to paint will be $14,000.
Mr. Baker said the roof still needs replacement. Water collects when it rains
causing the roof to pull away from the walls. The roof is rapidly deteriorating and about to
cave in. A cost of approximately $125,000 has been estimated for the roof replacement.
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Commissioner Deegan moved to authorize the expenditure of $14,000 to paint the
exterior of the Maas Brothers building and that staff acquire estimates on the cost of
repairing the roof. The motion was duly seconded.
Commissioner Berfield asked why the pins were not removed when the panels were
detached. Mr. Baker said when that work was completed, plans, were to raze the building
and the contractor was not paid to remove the pins.
Upon the vote being taken, Commissioners Barfield, Deegan and Thomas and Mayor
Garvey voted "Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
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Commissionor Berfield asked if there was a time frame for making a decision ,
regarding the use of the Mass Brothers building. Commissioner Thomas indicated there
was presently a great deal of activity and felt within six weeks some exciting
developments would be presented. '
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!TEM 1138 . Commission Discussion Items
a) City Manager Search
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Letters went out in early January to eight national recruitment firms soliciting
proposals for a national search process for City Manager. Five agencies responded.
Michael Laursen, Human Resources Director, analyzed the proposals and found there were
only minor differences between the firms. He rated Slavin, Nevj~s' & Associates first, ,
followed by The Mercer Group, The PAR Group, Ralph Andersen & Associates, and '
Norman Roberts & Associates. He felt if one were'to discount timing as a relevant
. concern, he would rate the firms 'equaL
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Commissio,ner Barfield suggested the Commission make the decision after
advertising nationally instead of paying for the services of an agency. Commissioner
Thomas said Ms. Deptula was the best candIdate for the job and felt it was a waste of
resources to continue with a search. Commissioner Deegan suggested giving Ms. Deptula
the opportunity to prove herself and waiting a few months before revisiting the issue.
Should the Commission choose to initiate a search, he too felt an inhouse effort would be
preferable to hiring a firm. 'He supported Ms. Deptula's performance to date but felt 30
days did not provide enough time to pass final judgment.
Commissioner Fitzgerald said the decision should be delayed because a Charter
review IS taking place. He felt it inappropriate to contra'ct with a firm now. He, too,
complimented Ms. Deptula's job performance.
Commissioner Thomas moved to revisit this item ill 60 days. The motion was duly
seconded and carried unanimously.
Ms. Deptula said staff will contact the firms and advise them' of the 60 day
. postponement. '
b) Cleveland Street Tree Lights
Ream Wilson, Director of Parks & Recreation, has reported regarding the white
lights in the trees along Cleveland Street. Lights were installed in 1992 as a joint project
of the City and the Downtown Clearwater Association (DCA). The City provided the
electrical source at the base of each tree, pays the monthly electdc bills, and provided the
initial installation of lights. The DCA purchased the original lights, replacement lights, and
was to provide maintenance.
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In November 1993, the DCA requested new strings of lights be installed to replace
those that had burned out and the Community Redevelopment Agency (eRA) arranged for
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this work. There are eight different points of service (meters) supplying power to the tree
lights. These meters also supply power for the colonial lamp posts as well as holiday
,decorations. Of the eight meters, six are 100 amp services while two are 50 amp
services. The current electrical service was originally designed to handle two strings of
lights per tree. Some trees require four or five strings.
Staff recommends the two 50 amp services be upgraded to 100 amps and each
tree be wired to accommodate four strings of lights at an estimated cost of $1,972 for
materials and labor.
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If four strings of lights are provided for each of the 58 trees, the hourly cost would
approximate $2.51. With the lights burning six hours per evening, the daily cost would be
$15.06 or $5.497 per year. .
. According to the CRA, the cost of each string of lights was $7.69. Four strings of
lights on each of 58 trees would total 232 strings at a cost of $1, 784~ Assuming lights
would last two years and half of the lights would need annual replacement, the annual
cost of lights is ~stimated at $892.
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It currently takes two employees an average of 45 minutes per tree to remove old
lights and restring new ones. Based on replacing half of the lights, the annual cost for
43.5 man hours at $17.35 per hour is estimated to be $755. The hourly rate of' a bucket
truck used for this purpose.is $11.10 for an additional cost of $241 per year. The total
cost for the initial year is estimated at $9,532.
(, '~ Obstacles to the continuous lighting program include vandalism of lights, tree
growth, vehicular accidents, unauthorized use of City electrical service, and the increased
difficulty, of clipping light decorated trees.
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Staff recommends the program be continued with the City providing the electrical
services and electric bills; and the DCA or CRA provide lights, maintenance, replacement
and installation.
Commissioner Deegan felt the CRA should be responsible for providing the lights.
He suggested the DDS could provide the labor to string lights and noted the constant.
problem with vandalism. vehicular accidents, and the wind.
Mayor Garvey suggested asking 008, to be a partner in this project and let the
partnership divide tasks instead of the Commission defining responsibilities. She did not
want to assign City staff and proposed contracting the project and dividing the cost
among the partners.
minCC01 e.94
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Commissioner Thomas suggested DD8 provide the labor, the CRA provide the
lights, and the City pay for the electricity..
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Commissioner Berfield asked who would provide the bucket truck. Commissioner
Thomas suggested a long pole with a nail on the end could be used instead.
Commissioner Thomas moved that the City would pay the electric bill for the lights
on Cleveland Street and recommend that the CRA supply the lights ~nd the DDB provide
the labor to put up the lights. The motion was duly seconded and carried unanimously.
c) Realignment af Airport Drive
The realignment of Airport Drive is still in the conceptual stages and grew out of an
investigation of an accident history at the intersection of Gilbert Street and Hercules
Avenue. The City has received complaints about excess traffic from the residents of
Gilbert Street. Parks and Recreation asked for assistance in locating additional parking for
Marymont Park.'
Ms. Deptula said the Commission directed that this item come back on the agenda
as a capital improvement program in next year's budget. Commissioner Deegan requested
when it comBS back that staff advise th'em on the Airpark Authority's position regarding
'the project.
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d) Jay Elliott request to have an additional ten minutes for his statement agendaed for
2/3/94 . .
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It was the consensus of the Commission to grant Mr. Elliott 20 minutes for his
presentation at the February'3, 1994 meeting.
ITEM #39 - Other Commission Action
Commissioner Berfield suggested swearing in those appearing before the
Commission. She said all people who speak before other boards she attends are sworn in
and felt. this would prevent problems that occasionally occur. She said all speakers andlor
professionals could be sworn in at the beginning of the meeting.
Mayor Garvey disagreed with the concept. She said most people are expressing
opinions. She agreed it would be proper jf it were a quasi-judicial situation like sign
variances.
. In response to Commissioner Fitzgerald, Commissioner Berfield said she was not
suggesting "Citizens to be Heard" needed to be sworn in but just those who appear before
the Commission. Commissioner Thomas said he felt there was value to the suggestion
especially on the contractual exhibitions presented before the board. Commissioner
Deegan noted that not all people are present at the beginning of meetings. Commissioner
Berfield said a legal advantage would be if the City found individuals had misrepresented
themselves under oath, the boards and ethics committees that govern these individuals
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would address the issue. , Commissioner Thomas said it would have been better had the
lee House testimony been given under oath.
It was the consensus of the Commission to consider this suggestion.
Commissioner Deegan asked Ms. Deptula about a memo he sent on the' beach
, ,:' propertv, Ms. Deptula said it could be discussed at the next meeting. Scott Shuford will
soon present an update on the Beach Blue Ribbon Task Force Report with details of the '
status of each recommendation.
EXECUTIVE SESSION
1.) Analysis of Privatization of Motor Pool ~ postponed until February 141 1994 City
Commission meeting. '
ITEM #40 \. Adjournment
The meeti~g adjolirned at 6:30 p.rn..
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