08/15/1994 (2)
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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
August 15, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Monday, August 15, 1994 at 10:07 a.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzge'rald
Sue A. Berfield
Arthur X. Deegan, II
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Alan Zimmet
P. Richard Hull
Cynthia E. Goudeau
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
Interim City Attorney (departed 4:17 p.m.)
Assistant City Attorney (arrived 4:21 p.m.)
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
!nvocation was offered by William C. Baker, Assistant City Manager.
. ' ,
. In order to provide'continuity for research, the Items will be listed in agenda order although
not necessarily discussed In that order.
, . ,
aEM #3 '. Service Awards
Seven service awards were presented to City employees.
, ,William C. Powell~ Water Pollution Control Division, was presented the August
: 1994 "Employee of the Month Award.
ITEM #4 - Interim Citv Attornev Report
Interim City Attorney Alan Zimmet reported the easement agreement with Alan
, Stowell was accomplished within the time frames established at the August 1, 1 994,
Commission Meeting'. Mr. Zimmet indicated the documents have been signed and work is
proceeding on the sewer line.
. ITEM: Di~cussion & ~irection ra Charter Review Committee's recommendations and
wordina Qf ballot Question(s)
" Mayor Garvey reviewed the issues the' Charter Review Committee cons;dered and .
'recommended no' change: 1) Form of Government; 2) At-large election of Commissioners;
3) Selection of Mayon 4) Commission election procedure; 5) No Ethics Section or Citizens'
minCC08c.94
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Bill of Rights: and 6) Commission power to transfer property or loan money to other
political entities, e.g., the CRA.
Commissioner J"homas indicated he did not agree with the recommendation for no
run off elections. In spite of the additional expenditure, he believes elections should be
determined by more than 50% of the vote. It was the consensus of the Commission not
to require run off elections if no candidate receives 50% + 1 of the vote.
Commissioner Fitzgerald expressed disappointment with the Committee's statement
regarding minority representation. He felt the City needs to work harder to develop a
mechanism to foster minority representation. Mayor Garvey noted the difficulty in
attempting to gerrymander a district. She felt if the City is wen integrated, there should
not be a minority district. Commissioner Fitzgerald said other communities had
successfully addressed this obstacle and recommended the City look for ways to foster
minority representation. He expressed concern this item not be shelved until the next
Charter Review Committee. '
Commissioner Deegan agreed with the recommendation that the Mayor continue to
be elected by the voters but differed with the recommendation for filling a vacancy in that
seat.
The City Clerk reported the Supervisor of Elections has indicated on the
November 8, 1994 ballot, two pages, with three questions per page, are available.
The Charter Review Committee's recommended amendments were discussed:
Section 2.01. Cd) 1 . change limitation of indebtedness from 20% to 15%.
, Ms. Deptula stated she was not uncomfortable with the change because the City's
indebtedness is far below, the 15% recommendation. Commissioner Thomas questioned if
the change was necessary. Commissioner Fitzgerald questioned if the impact of reducing
the percentage might alter how bond people view the City. Ms. Deptula indicated they
.' would see the City has less capacity to borrow. Commissioner Fitzgerald questioned if
lowering the city's ability to meet indebtedness would make the City less desirable. The
City Manager agreed that would be the impression.
Consensus of the Commission was to make no change to this section.
Section 2.01. Cd) 2 - purchase of $25,000 or more be approved by the City Commission.
...
. rheCity Manager reported the limit for approval now stands at $10,000.
Commissioner Thomas questioned when that figure was established. The City Manager
indicated it was increased five years ago from $7,500. Commissioner Fitzgerald
"questioned If it was necessary to state an amount in the Charter. The Interim City
Attorney stated the limit could be set by ordinance, but noted the Charter was more
difficult to change.,
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Commissioner Deegan felt there was nothing wrong with the recommendation. He
felt anything over $10,000 should be bid. He noted when the Commission approves the
budget, they actually are approving all purchases.
Commissioner Berfield questioned what was the downside of setting this limit by
Ordinance. Mr. Zimmet indicated it would be a question of who has control.
Commissioner Berfield felt the Commission could be more reactive to change if this limit
was set by Ordinance. Mr" Zimmet said the part of this section requiring competitive bids
above $10,000 remains the same. He noted the recommended changes are concerned
with when the City Commission must approve purchases. Commissioner Thomas felt it
would make the City work more efficiently. Commissioner Berfield stated she had no
problem with raising the limit to $25,000.
Consensus was to accept this section as recommended by the Charter Review
Committee.
Section 2.01. (d) 3 . require appraisals for property purchases.
Commissioner Deegan felt a minimum limit should be established and recommended
it be $250,000. Commissioner Thomas spoke in opposition to any real estate purchase
without an appraisal. The Mayor noted an appraiser is on staff. This requirement is for an
independent appraisal., alii Baker I Assistant City Manager, confirmed that the City always
, has properties appraised prior to purchase. Commissioner Tholnas agreed as long as there
is a mechanism to provide for a bonafide appraisal. He expressed concerns that inside
appraisals may be compromised by possible conflicts of interest.
Commissioner Berfield questioned the Florida statute limit. Mr. Zimmet indicated
Florida S,tatutes require properties valued at more than $500,000 to have two appraisals in
order to make the appraisals exempt from the public records law but makes no reference
tolowervalued properties. Commissioner Berfield suggested adopting Florida Statutes as
guidelines.
. Commissioner Deegan felt properties valued less than $500,000 should be
appraised. Mr. Zimmet indicated the only thing affected by the Statute was whether the
appraisals were subiect to public records laws. Commissioner Berfield recommended
adding a requirement for one appraisal for properties valued $200,000 to $500,000 and
two appraisals for properties valued above $500,000.
Mayor Garvey questioned if these appraisals needed to be completed by an
. independent certified appraiser or if they could be handled inhouse. Mr. Zimmet stated he
needed to check Florida Statute 166.045.
Commissioner Thomas noted the City paid high prices for some of the property it
. ~ccumulated at the East End. He felt the City was at a disadvantage when it targets an
area in which it wants to acquire property. This is a problem he wants to prevent.
minCC08c.94
08/15/94
3
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Commissioner Thomas noted the Commission does not have to wait five years to
change the Charter. The Charter can be changed by the City Commissioners at any time.,
He requested a Task Force be established to address the minority representation issue.
Mr. Zimmst stated the appraiser must be a member of an appraisal organization.
Mr. Saker reported Earl Barrett, the City's Real Estate Service Manager, has Real Estate
credentials but not appraisal. Mr. Zimmet stated a governmental body may exempt
purchases of $100,000 or less from the requirement for an appraisal.
Mr. Zimmet expressed concerns if the estimated value should be based on the
asking price or assessed value. It was requested that Mr. Zimmet draft language to
address this issue.
Consensus to amend this section to not require an independent appraisal for
property valued less than $250,000; require one independent appraisal for property valued
from $250,000 to $500,000; and two independent appraisals for properties valued at
$500,000 or more. The Interim City Attorney is to develop language to address the
definition of "value." '
Section 2.01. (d) 4 - require 2 separate votes for certain expenditures over $5 million.
,:.
Ms. Deptula expressed concerns regarding the wording not accomplishing the
Committee's intent. She noted the Charter Review Committee's intent was be make
certain the public is aware of capital expenditures. Commissioner Thomas and Mayor
Garvey felt there was no need for this addition.
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Commissioner Deegan noted while currently, expenditures of this size are on
Commission agendas,' they are not public hearings with advance notice. Commissioner
Thomas questioned why $5 million was chosen as an amount. Mayor Garvey noted the
Committee's report referenced non-bu~geted expenditures.
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Consensus of the Commission was to change the recommendati,on to read, "Any
non-budgeted expenditure in excess of $5 million must be approved by the commission in
two separate sessions held at least two weeks apart and an advertised notice of a public
hearing must be given at least five days prior to the s~cond session."
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~ection 2.01. (d) 6 (a) . clarify language, increase terms of leases on property not declared
surplus to 5 years, removing referendum requirements for donation of property.
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, Commissioner Thomas felt the same rules regarding the number of votes required
to approve' a 'property purchase should be the same as those required for a property sale.
He noted if the Art Center were above the 28 foot level, the deal could be completed
without a referendum. ' He expressed concerns that property declared surplus would go to
the highest bidder. He felt the City should be free to develop property as it sees fit. The
Mayor recommended the City Manager's team review this recommendation and
corisoUdate it.
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Commissioner Deegan indicated he had no problem with the first half of the
changes but felt a referendum should be required to give away property.
Commissioner Thomas requested consensus for the first point. Ms. Deptula
indicated the only substantive change was increasing the term of lease from three to five
years.
Consensus was to increase the maximum term for which a property could be leased
without a declaration of surplus to five years, as recommended by the Charter Review
. Committee, but to retain the requirement for a referendum in order to give away property.
Section 2,01. (d) 6 (b) . require 80% affirmative vote prior to conveyance of property in
excess of $1 million.
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Commissioner Deegan stated his opposition to the 80% rule. He felt the minority
would make the final decision. Commissioner Fitzgerald felt it appropriate to declare a
need for a super majority when it involves the best interest of the City. Commissioner
Deegan felt the government should be run by majority vote and not held up by a minority
,viewpoint. Commissioner Thomas indicated the government should be able to get out of
deals by the same number of votes it got into them.
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Consensus was to delete this paragraph.
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Section 2.01. (d) 6 (c) . require property to be sold to a non~governmental entity be for
highest competitive bid above appraised value.
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Commissioner Thomas expressed concerns regarding not being able to limit the sale
of property to a specific purpose. The City Clerk reported the City declared property
surplus for specific purposes when leasing it. The Interim City Attorney noted
requirements in the existing Charter differ for leases and sales. Staff is not required to go
out to bid for leases. The City Manager questioned if the City can include specific reasons
for selling. Mr. Zimmet indicated the language could be expanded to include a requirement
that the highest biller must be willing to meet the terms of declaration of surplus and
include a reverter clause.
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Mayor Garvey suggested the reverter clause provide an opportunity for
,'consideration of taking back the property but not a requirement that it be taken back. Mr.
, Zimm'et agreed the language could provide that discretion.
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Commissioner Fitzgerald recommended retaining the language "above appraised
value" for sale to a non-governmental entity.
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Commissioner Thomas felt because selling and leasing were the same, they should
have the same rules. Mr. Zimmet noted a distinction between the two. Commissioner
Thomas felt if property is leased for 20 years, the City essentially has lost control of it.
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Consensus was the Interim City Attorney would expand the language to allow sale
of property for a specific purpose and include a reverter option for the City. tt Above
appraised valuetl is to be retained for sales to a non-governmental entity.
Section 2.01. Cd) 6 (d) - require 80% affirmative vote for transfer to governmental entity
for less than appraised value.
Consensus was to delete the requirement for a super majority.
Section 2.01. Cd) 6 (I) - clarify language for disposal of parkland.
The City Manager reported this section defines the term ttdispose of.tt
Commissioner, Thomas noted his concerns that this section would require a
referendum to change the use of Lake Chatauqua, for example, from designated parkland
to water recharge. Commissioner Barfield noted the property would still belong to the City
and would not be effected by this provision.
Consensus was to accept the Charter Review Committee's recommended language.
Section 2.01. (d) 6 (g) - allow maximum 20 year leases for property declared surplus;
renewal not precluded.
Commissioner Thomas noted capital leases are for 30 years. Mayor Garvey
recommended the maximum remain at 1 5 years with an option for renewal. Commissioner
Thomas indicated bankers would hesitate to loan large sums if a developer was unable to
recover the investment within 20 years. Commjs~ioner Deegan noted, due to the 15 year
lease limitation in the current Charter, the Chi Chi Rodriguez Youth Foundation was unable
to qualify for a loan without a guaranteed lease from the City. He recommended
increasing the time frame to 30 years. Mayor Garvey felt the City might as well sell the
property rather than tie it up for 30 years. Commissioner Deegan agreed property should
'not be given away but noted longer leases provide a greater incentive to banks to loan
money.
, Commissioner Thomas noted a major hotel planning a large development on the
bluff, which the City does not wish to sell, would require a minimum of 30 years to
recover their financial investment. Commissioner Berfield questioned why 30 years is a
magic, number. Commissioner Thomas stated large capital investments historically are
, capitaUzed over 30 years.
Commissioner Fitzgerald recommended leases not exceed 20 years. He noted
'renewals could be permitted.
. ,CommissionerThomas suggested leases remain at 1 5 years with the option for
renewal. Commissioner Deegan questioned if that would be the lessee's option.
Commissioner Thomas concurred. Commissioner Fitzgerald questioned if their option
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would be at the initial rate. Commissioner Thomas stated an increase could be negotiated
at renewal.
Commissioner Deegan said the City does not wish to sell property located in some
areas. Mayor Garvey felt if property was to be leased for 45 years, 'it might as well be
sold. Commissioner Deegan noted the City would still retain title. He stated the
Commission is deciding what will appear before voters.
Commissioner Berfield agreed with a 30 year limit for the time being.
Consensus to allow 30 year leases, with renewal not being precluded.
, Section 2.01. {dl 6 (hl - require an 80% affirmative vote to lease industrial park property
for up to 30 years.
The Mayor questioned why the Charter differentiates between industrial park and
real property. Commissioner Thomas recommended the document be simplified to deal
with all real property. Commissioner Deegan noted leases greater than 30 years require a
ref~rendum. Commissioner Thomas preferred this language.
Commissioner Deegan expressed concern with the wording included in this section.
He agreed "gn and fth" could be combined. He requested the super majority requirement
be deleted.
, Mr. Zimmet questioned if the Commission wished language for renewal to be .
included. Commissioner Deegan suggested the possibility of a renewal should be inserted.
, ,Commissioner Thomas recommended the section should say "private/public business
purpose.": ,
. Mr. Zimmet questioned if the two sections were combined, if renewals beyond 30
years would require a referendum. Commissioner Thomas noted the renewal would not be
guaranteed~
Commissioner Fitzgerald spoke in opposition of removing the super majority
"requirements from the current Charter. The Mayor agreed. Commissioner Deegan felt
enough safeguards were already in place.
Consensus was for the Interim City Attorney to c9mbine Sections g & h; allowing
the possibility of renewal of leases for up to 30 years; referencing "private/public business
, purposestl for industrial park property; requiring a referendum for leases longer than 30
:years; and removing the requirement for a super majority.
Mr."Zimmet requested he be allowed ~o incorporate a less confusing numbering
, system. The Commission agreed.
The Commission recessed for lunch from 12:33 until 1 :07 p.m.
minCC08c.94
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Section 2.03 M term limitations.
Commissioner Deegan noted a grammatical error of including IIno person't and
IIsuch person" in the same sentence.
. Mayor Garvey questioned if this section meant the Mayor cannot run for the City
Commission. She spoke in opposition to term limits.
Commissioner Thomas felt the City should follow the State Constitution and limit
office holders to two four-year terms. He said this would permit someone to serve on the
Commission for eight years, followed by eight years as Mayor. Mayor Garvey felt there
was little difference between the office of Mayor and that of Commissioner.
Commissioner Thomas said it takes a while to learn the job of Mayor.
Commissioner Deegan did not agree with changing the length of term to four years
as it would require the revision of the election schedule. He pointed out the way the
amendment is written, one could bounce between the positions of Mayor and
Commissioner with no term limitations.
Commissioner Fitzgerald recommended allowing citizens to speak to this issue as
recommended by the Charter Review Committee. Mayor Garvey felt if there were to be
term limits, a person should be limited to a six year period, whether Mayor or
Commissioner, followed by a required three year break.
Consensus was to accept the Charter Review Committee's recommendations.
Section 2.04 - Commission salary adjustments to be effective as of the date of the next
election; expenses received pursuant to Florida Statutes.
Commissioner Deegan questioned the inclusion of the line IIpursuant to Florida
Statues," when Commissioners are not reimbursed for travel within City limits. Mayor
Garvey noted it was Commission policy not to pay for in City mileage, which contradicts
, the Charter.
Commissioner Deegan recommended the City adopt the same compensation
package as neighboring cities and provide Commissioners with car allowances. Mayor
, Garvey, noted some Commissioners may do very little driving compared with others.
Commissioner Deegan suggested the salary could be lowered and a car allowance added.
.The City Manager pointed out if Commissioners received a car allowance, they would be
'required to log their mileage.
Commissioner Thomas questioned how Florida Statutes address this issue. Mr.
Zimmet stated Chapter 11 2 outlines methods of approval of expenses. Commissioner
Thomas felt City Commissioners should be responsible for expenses within the City but
reimbursed for travel out of town. He suggested this be dealt with by ordinance because
of pro~lems associated with the State changing Statutes.
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Consensus was to remove the reference to Florida Statues.
Section 2.05 w clarify that Vice-Mayor acts as Mayor during the temoorarv absence of the
Mayor.
The City Clerk reported another technical correction was needed to clarify when the
Vice-Mayor was to be selected.
Consensus was to accept the Charter Review Committee's recommendation and
clarify that the election of Vice-Mayor occurs at the second night Commission meeting in
April.
Section 2.06. (c) - state that Commission members cannot hold other elective office during
their Commission term.
Commissioner Thomas questioned if this was not already covered by State
Statutes. Mr. Zimmet stated this is covered by the State resign to run law. He explained
, a person resigning one elective office to run for another is permitted to serve until the day
they would have taken office had they wen. He stated the resignation is irrevocable.
Consensus was to delete the recommended change.
Commissioner Berfield questioned if there was a problem with City Commissioners
being elected as officers of boards on which they serve at the behest of the City. It was
. 'indicated this section would not apply.
Section 2.07 . (b) 4. forfeiture of office if absent for 33% of regular meetings.
Commissioner Thomas indicated he agreed with the concept but not the amount.
He noted Commissioners are now permitted to miss 25 % of the meetings. Commissioner
, Deegart agreed 25 % was adequate.
" Commissioner Berfield suggasted the reason for the absence should be considered
'and questioned procedure should a Commissioner become ill. It was felt if a member were
so ill that they missed a quarter of the meetings, it was time for them to step aside.
, . Consensus was to change the percentage to 25.
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Section 2.07. (c) 1 . vacancy in Mayor's seat not filled by majority vote of remaining
'Commission members.
, Mayor Garvey questioned why the Mayor's position should be treated differently.
Commissioner .Thomas stated all five seats require the same level of commitment and
, should be covered by the same language.
"MayorGarvey questioned if this was regulated by Florida Statutes. Mr. Zimmet
indicated it was not.
, minCC08c.94
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08/1 5/94
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Consensus was to not make this change.
Section 2.07. (c) 2 - require a special election if Commission fails to fill a vacancy within
30 days.
Commissioner Deegan expressed concerns that based on the Commission's
schedule, it may not be always possible to fill a seat within 30 days. He recommended the
section provide 60 days.
Commissioner Thomas questioned the time frame required to hold an election. The
City Clerk reported a minimum of 16 weeks is required. Special elections cost between
$17,000 and $20,000. Some minor advertising costs afe immediate.
Mr. Zimmet stated he had concerns regarding the proposed time frames in which a
special election conflicts with State election laws. He suggested the removal of time
frames and the section simply require an election be called.
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Consensus was to change the 30 days to 60 days and to remove the time frames
fOf a special election.
Mr. Zimmet stated, based on the above consensus, the wording in Sec. 2.07 (c) (1)
that a vacancy ushallu be filled in 30 days needs to be changed to "should. II
Consensus was to do so.
" Commissioner Deegan noted a vacancy does not necessarily occur on the date a
letter'of resignation is presented.
Section 2.07; Cc) 3. correct typographical error by changing uservice" to Userve. U
, Commissioner Thomas questioned the need for a special election to fill the
remainder of a term when an election had been held to fill a vacancy in an unexpired term.
Mr. Zimmet indicated this section refers only to those appointed by the City Commission.
Consensus to leave as recommended by the Charter Review Committee.
Section 2.07. Cd) - require an election to fill vacancy in Mayoral seat.
Consensus to delete this proposal due to not making the associated change in Sec.
2.07 (cl (1).
, SectiCm 2.07. (f) - allow owners of property within City Limits to serve on advisory boards
without requiring residency.
Mayor Garvey and Commissioner Thomas stated only residents should serve on
,these boards.
minCC08c.94
10
08/1 5194
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Commissioner Deegan noted the Equity Study Committee allowed non-residents
who had businesses in the City. Mayor Garvey and Commissioner Thomas pointed out
this is a task force; not an advisory board.
Commissioner Deegan noted the difference between boards that serve an advisory
versus regulatory purpose. He felt non-resident property owners were being
ni~Anfranchised by not allowing their service on boards.
Commissioner Berfield indicated business owners may be more inclined to center
their decisions on business concerns father than community interest. Commissioner
Oeegan noted residents also must consider economic issues. Commissioner Thomas
recalled business owners; many of whom did not live in the City, strongly objected to the
sign ordinances. He felt the balance on this issue would have been tilted had business
owners had more power. Commissioner Deegan reiterated his strong feelings about
disenfranchising property owners.
Consensus not to make this change.
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community.
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Mayor Garvey agreed with the opinion but in~lcated it is not a Charter issue.
Consensus to delete this proposal.
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Section 2.08. (a) . require written agendas 72 hours prior to regular meetings; provide that
'any Commissioner may call a special meeting.
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Mayor Garvey expressed concerns with including a 72 hour limitation in the
Charter. Commissioner Oeegan said he understood the Charter Review Committee's
concerns but agreed this was a bylaw or procedural issue, not a Charter one.
Consensus to delete the reco'mmended language r,egarding agendas 72 hours prior
to a meeting; agree with any Commissioner calling a special meeting.
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Commission members.
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Consensus to accept the Charter Review Committee;s recommendation.
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letter to the City Commission.
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Commissioner Deegan stated his preference of retaining this requirement. Mayor
,Garvey expressed concerns there may be a problem with publicly announcing who will be
out. of town. The City Manager stated she had no problem .with the request.
minCC08c.94
1 1
08/1 5194
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Section 3.03. (hl - require the City Manager to annually provide a 3-year financial forecast.
Commissioner Fitzgerald questioned if this should be included in the Charter.
Mayor Garvey agreed with his concerns. Commissioner Berfield questioned if this was
included in the City Manager's contract. Commissioner Deegan felt this should be included
in the list of the City Manager's duties.
Commissioner Fitzgerald felt the City Manager should be allowed the latitude to
determine how to provide information about the financial state of the City. He felt the
present 3-year forecast was good but suggested the City Manager may prefer to usa
another method.
Commissioner Thomas indicated in the business community, a five year plan is
common. He stated from the CEO's point of view. it is a waste of time. He felt the
Charter already has enough detail regarding the City Manager's duties.
Commissioner Deegan felt it would be useful to citizens. Commissioner Fitzgerald
questioned if it was worth taking up ballot space. Mayor Garvey felt this was a
, management issue and did not need to be included here.
Consensus not to include this in the Charter.
Section 4.02 - add paralegal to the positions that make up the Legal Department.
. Ms. Deptula reported, technically, support personnel in the Legal Department are
, appointed by the City Manager. Mr. Zimmet indicated the language sounds as if the
'Assistant City Attorneys are appointed by the City Commission when they are simply
authorized by the City Commission.
in reply to a question regarding her ability to hire or fire support staff in the Legal
, Department, Ms. Deptula stated those employees are bound by Civil Service law.
Commissioner Thomas recommended the City Attorney be given the authority to hire or
fire that department's staff.
Mr. Zimmet stated he would review these concerns and suggested the Civil Service
laws may need to be amended. He noted some employees are covered by Civil Service
laws, others by Communication Workers of America union regulations.
Consensus the City Attorney should have total responsibility for employment of
: department personnel. This Issue will be resolved at a future meeting.
Consensus to change the second sentence to read, liThe legal department shall
, consist of the city attorney, assistant city attorneys, and such paralegal, secretarial,
, stenographic and clerical personnel as the Commission may authorize. II
minCC08c.94
12
08/15/94
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letter to the City Commission.
Consensus to not delete the requirement.
Section 4.05 . salaries for attorneys (no recommendation from the Charter Review
Committee).
Commissioner Deegan noted this section addresses salaries of the City Attorney
and special counsel but does not deal with the Assistant City Attorneys. He noted the
SAMP plan for the Assistant City Attorneys was never officially approved.
Consensus to add Assistant City Attorneys to the Section.
Mr. Zimmet said he was not familiar with the SAM? plan. Commissioner Deegan
indicated it was to establish a salary range for Assistant City Attorneys.
Mr. Zimmet expressed concerns with including the word "fix." He felt the City
Attorney should determine some of these rates.
Consensus to change to read, liThe commission shall provide for the compensation
to be paid to the city attorney, assistant city attorneys, and special counsel."
Section 4.06 - Create a position of City' Auditor.
, Mayor Garvey spoke in opposition to this position. She felt this responsibility was
part of the City Man~ger's'job.
Commissioner Thomas stated he did not wish to replace the City, Manager's
,auditors. He noted national tenure rate for City Managers averages three to five years. He
indicated the need to prevent the Commission from being left in the dark by the City
Manager or City Attorney. He expressed concerns that new Commissioners might not be
fully informed. He recalled when he first sat on the Commission and tried to find records
tie had been advised the City Manager had buried; he was blocked from learning anything.
He ,indicated the need to have the means to prevent the corruption of power. He
, reiterated his wish not to redo the auditing position. He stated he now needs approval
from the. City Attorney o~ City ,Manager to talk to subordin~tes.
, Commissioner Fitzgerald spoke against establishing a new bureaucracy in the City.
He believes it would take more than just one person to staff the function and the
", department could grow large. He requested comments from the City Manager as this will
directly Impact her. He indicated this would provide a duplication of services and cost
more money. He felt this could be used as a weapon by the City Commission to deal with
things outside their venue.' He questioned expanding the supervisory responsibilities of the
,CitY Commission, a policy making board.
minCC08c.94
08/1 5194
13
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The City Manager expressed great concerns regarding this position. She noted a
position description forwarded by Commissioner Deegan is almost aU under the purview of
the City Manager. She agreed a few of the duties could be handled by an independent
person, but felt these were included in the duties of City Manager. She noted the City
Commission already has the ability to ask questions and perform investigations. Ms.
Deptula expressed concerns that problems could occur if this position's duties are not
clearly defined. She noted difficulties department heads might also face. The City
Manager noted the right person can be an asset; the wrong one a detriment.
Commissioner Thomas agreed.
.;..
Commissioner Deegan stated his memorandum on this subject explained what he
wanted to achieve. The job description he attached reported to both the CEO and Board
of Directors of a corporation. He noted the similarities between a City Manager and a CEO
and a City Commission and a Board of Directors. He opposed a City Auditor functioning
as a Internal Affairs department. Under his proposal, the City Manager would hire the
person who would report to both the City Commission and the City Manager. He stated
there is already a position slotted for a third audit staff member. Ms. Deptula replied that
position would only be filled if the City Auditor was not approved.
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Commissioner Thomas felt this would still not solve the problem of how to deal
with a situation if the City Manager and City Attorney were in collusion on an issue.
Commissioner Deegan said if the Commission approves this position, they would not have
to'ask permission to look at something. Commissioner Thomas questioned if the City
Manager could fire this person. Commissioner Deegan indicated the person would have
dual reporting responsibilities.
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Ms. Deptula questioned if a single Commissioner could call this person and request
an investigation.
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Commissioner Deegan indicated it was a mistaken notion, that City Managers'
tenures are less than five to eight years. He noted City Commissioners are permitted to
, speak to staff and request information. City Commissioners are only prohibited from
providing direction to staff members.
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Commissioner Thomas questioned the procedure should he want to investigate
something. Commissioner Deegan indicated it would be brought up before the City
Commission. Commissioner Thomas noted this might provoke embarrassment if facts
cannot be verified first. Commissioner Deegan recommended Commissioners adhere to
the eight hour rule. He felt it was important the City Manager be comfortable with this
decision.
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The City Manager expressed concerns that this position was of a higher
professional level than she had envisioned as the third person in Internal Audit. She noted
a highly qualified person is already on staff. She questioned if the City Auditor could be
fired without the consent of the City Manager.
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minCC08c.94
14
08/15/94
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Ms. Deptula questioned if this needs to be included in the City Charter.
Commissioner Deegan stated the Charter states the constitutional position.
Ms. Deptula expressed concerns that a Commissioner could launch an eight hour
investigation if that Commissioner thought the City Manager was in cahoots with
someone. She expressed her need to know what is going on and felt that secrecy can
harm the organization. Commissioner Thomas noted the great deal of upheaval during the
past 18 months and expressed his wish to maintain long term stability. Ms. Deptul~
agreed this has worked in some cities. Commissioner Deegan stated more can be learned
as the program is implemented.
. Commissioner Thomas said he could accept the compromise brought forward by
Commissioner Deegan.
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Consensus was for Commissioner Deegan to work with the Interim City Attorney
and City Manager to develop languag~ to include a City Auditor that would report to the
City Commission and City Manager.
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In answer to a question, the City Clerk explained this section refers only to those
challenging a specific ordinance.
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Consensus to accept this section as recommended by the Charter Review
Committee.
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Section 7.01. (b) 1 - increase the time frame for holding special election for Charter
amendments as a result of initiation petition to 1 50 days.
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, " Mr. Zimmet reported Florida Statutes require municipalities adopt an ordinance to
set procedure should a candidate need to be removed from a ballot.
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Mayor Garvey questioned if the qualifying period could be extended~ The City Clerk
r,ep'orted the qualifying period is now at its limit.
Commissioner Deegan recommended the words ltthe winneru be replaced by
If elected. ..
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then the remaining candidate shall be declared elected. II
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minCC08c.94
15
08/1 5194
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Ms. Deptula questioned if the City can mortgage property. Mr. Zimmet indicated it
cannot.
Commissioner Thomas felt the existing language of Article IX should be maintained
but increase the limit from $1 million to $5 million.
Consensus to retain existing Article IX, changing $1 million to $5 million.
Section 9.03 . require voter approval for capital projects of more than $10 million to be
funded by other than ad valorem taxes.
Consensus to delete because ~etaining existing Article IX.
$ection 10.05 (a) . term limits not to be retroactive.
Consensus to accept this section as recommended by the Charter Review
Committee.
, Mr. Zimmet recommended dividing the Charter amendment ballot questions into the
following categories: 1) Term limits with effective dates; 2) Real Property; 3) Purchasing
Authority; 4) General Accounting Office; and 5) Housekeeping.
Commissioner Fitzgerald expressed concerns about dividing the questions between
March and November ballots. Commissioner Berfield agreed.
Mr. Zimmet reported questions are limited to 75 words. He stated he would bring
p~opose~ ballot wording to the August 29, 1994, meeting for discussion.
,The Commission recessed from 3:32 until 3:43 p.m.
ITEM: Severance DaV for M. A. Galbraith. Jr.
. ' 'The City Manager indicated a letter she received from M. A. Galbraith, Jr.
. requested severance pay of $26,664 plus a contribution of $1,006 to his ICMA retirement
account. ,
" " The Mayor asked for the Interim City Attorney's opinion. Commissioner Borfield
noted if the City did not pay severance there was the possibility of El lawsuit. She
,,' 'questioned .if. the COl!lmission could recess for a Closed Door Session. Mr. ZilTlmet
indicated the Commission can only meet in a Closed Door Session when the City is
, ' actually in litigation.
Commissioner Berfield noted Mr. Zimmet's memorandum indicated the City did not
. violate Mr. Galbraith's contract. Mr. Zimmet reported he reviewed the contract as did Ms.
, Crumbley" City Labor Counsel. They agree the four acts that would trigger severance pay
did not:occur and severance pay is not required.
minCCOBc.94
16
08/15/94
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Commissioner Thomas moved to deny severance pay to M. A. Galbraith, Jr. per the
terms of his contract. The motion was duly seconded and carried unanimously.
ITEM: Qoinion re transfer of orooertv from Community Redevelooment Aoencv to Cit~
George Kelly has written a letter indicating the Community Redevelopment Agency
(CRA) cannot transfer property to the City without approval of all taxing authorities in
Pine lias County. The Interim City Attorney indicated Mr. Kelly is incorrect. Mr. Zimmet
reported he spoke with Assistant County Attorney Jim Sennett who confirmed Mr.
Zimmet's opinion. The only other taxing entity involved would be Pinellas County, if
approval was necessary. It is not. Mr. Zimmet indicated Pinellas County's approval would
be required only if the CRA was using its OWIl Tunds to uUlla a City Hall. The City's Bond
Counsel Bob Reid, agrees.
ITEM #5 . Aooroval of Minutes
Commissioner Fitzgerald moved to approve the minutes of the regular meeting of
August 1, 1994, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duty seconded and carried unanimously.
ITEM #6 - Presentations
a) Tampa Bay Partnership Pinellas
, Phil Henderson, President of the Clearwater Chamber of Commerce, stated they are
members of Tampa Bay Partnership Pinellas (TBP). Jack Critchfield, chair of TBP, noted
not enough jobs have been created for citizens. He reported JSP is a public/private effort
to pool the resources of six counties to attract job relocations. He said they believe they
, have the formula to involve private organizations. The stated St. Petersburg, Tampa, and
some counties have contributed to the Partnership.
'Dr. Critchfield introduced Stuart Rogel, Executive Director, and reported they have
80 suspects, 44 prospects, a 2 live projects in the works. He hoped Mr. Rogel would
have the opportunity to meet with each Commissioner and speak about joining the TBP.
Dr. Critchfield requested the City join the Partnership whose mission does not interfere
with the Chamber's or City's efforts but is designed to work in coniunction with them.
The Mayor hoped the Commission would consider being a part of the organization.
,Dr. Critchfield requested a donation of $20,000 to allow City participation on the
organization's board.
, ComfT1issioner Berfield questioned if the organization was governed by the Sunshine
,Law. Dr. Critchfield indicated it was not.
Mayor Garvey stated this'!request would be discussed during the budget process.
: ITEM #7 - Citizens to be heard re items not on the Aaenda
minCC08c.94
08/1 5194
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Rosie Peterman-Jackson of the Clearwater Merchant Association (CMA) stated she
had met with the City Manager and Alan Ferri, Director of Economic Development, and
discussed the organizational needs of the CMA. CMA did not meet the deadlines of the
Community Development Block Grant (COBG) process and she requested funding
assistance of $15,000 a year for three years to hire a part-time person to run the program.
Ms. Peterman-Jackson reported this business association targeted the N Greenwood area.
She indicated they have developed an annual program and newsletter. The City Manager
noted she had described this program to the Commission at the Budget Meeting held
August 11, 1994.
Commissioner Thomas expressed concerns regarding the entire issue. He feIt the
CMA's name change from the Greenwood Merchants Association implied they were a
City-wide organization when their focus was on N Greenwood. Ms. Peterman-Jackson
stated the name change was initiated due to its similarity with the Greenwood
Neighborhood Association. She agreed Greenwood is presently the target area but said
the association wants to work with businesses throughout the City.
The Mayor expressed concerns regarding supporting the organization when there is
no program in place and only 23 members. Ms. Peterman-Jackson replied they plan to add
members and are developing a plan to develop job opportunities.
Commissioner Deegan questioned if the organization had experience funding a
business COCo Ms. Peterman-Jackson indicated they were not planning to be a
commercial development organization and were dropping that part of their proposal. She
noted Mr. Ferri had stated he was working to put together a COCo Commissioner Deegan
noted the Community Redevelopment Association (CRA) has filed papers to qualify as a
CDC and reported the Clearwater Neighborhood Housing Service (CNHS) is a CDC. He
noted the significant amount of money directed to the area through CDBG funding.
Commissioner Deegan felt this program represented duplication and questioned if the CMA
has communicated with other neighbor organizations. Ms. Peterman-Jackson reported she
has talked with Isay Gulla, Clearwater Neighborhood Housing Services (CNHS), and noted
their work with banks on the facade improvement program.
The Mayor stated she was uncomfortable with the application and not ready to
commit. Commissioner Deegan suggested the CMA investigate ways to work with the
CNHS and Alan Ferri. Commissioner Thomas concurred. Commissioner Deegan noted the
Commission was waiting for the City Manager to bring back recommendations regarding
the social services funding discussed at the August 11, 1994. Budget Meeting.
Ms. Peterman-Jackson requested representation on the Affordable Housing Task
Force Loan Committee regarding commercial revitalization.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #8-24) . Approved as submitted less Items 10, 13, 19, and 23.
'ITEM #8 . No item.
minCC08c.94
08/15/94
18
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ITEM #9 - Contract for Unlsys A-4 & A-6 comDuter softwore licenses to Unisys Corp.,
Tampa, FL, for the period 10/01/94- 09/30/95, for $41,936 (AS)
ITEM #10 - See DaGe 20.
ITEM #11 . Contract for ourchase/install aooroximatelv 1.870 sauare yards of carDeting to
,Hospitality Design Associates, Inc., Clearwater, FL, for the East and Beach Branch
Libraries, for $42,858 (LIB)
ITEM #12 - Contract. including alternate #2. for alterations to Wood Vallev Recreation
Center to Oakhurst Construction Co., Inc., for $48,636.88 (PR)
ITEM #13 . See palle 20.
ITEM II 14 . Contract for Glenwood Subdivision Road and DralnaQe reDlacement and
Cleveland Street 1urnaround to R. E. Purcell Construction Co., Inc., Odessa, FL, for
$221,252.02 (PW)
ITEM #15 . No item.
ITEM #16 - Receiot/Referral . LDCA ra satbacks (LDCA 94-19)(CP)
ITEM #17 . Receiot/Referral - LOCA ra Site lighting (LDeA 94-18)(CP)
.
ITEM #18 - Receiot/Referral . LDCA re setbacks from wetlands (LDeA 94-21 HCP)
ITEM #19 . Seeoage 21.
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ITEM #20 . Receiot/Referral . Annexation. Land Use Plan Amendment to Residential Low
and RPD-E Zoning for orooertv located at 1700 EI Trinidad Dr., Virginia Groves Terrace, Blk
2, Lot 1, 0.22 acres m.o.1. (Mumford Investments, Ltd., A94-19, LUP94.22)(CP)
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, ITEM #21 . Receipt/Referral. Annexation. Land Use Plan Amendment to Residential Urban
and RS-8 Zonina for orooertv located at 375 HamDton Rd., Sec. 17.29-16, M&B 13.06,
0.57 acres m.o.l. (City, A94-18, LUP94-21)(CP)
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ITEM #22 . Sanltarv sewer lien agreement - W 100 feet of Lot 7. Blk 1. Virginia Grove
Terrace. 1727 EI Trinidad Drive (Wieland)(CA)
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ITEM #23 - See paae 21.
ITEM #24. Ratify/Confirm continuation of construction inspection services by CDM for the
New Pier 60 project up to the final completion date of 06/13/94 for $21,250 (PW)
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Commissioner Thomas moved to approve the Consent Agenda as submitted Jess
Items 10, 13, 19, and 23 and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
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minCC08c.94
19
08/1 5/94
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ITEM #10 . Contract for 2.400 hours of securltv guard services to National Building
Maintenance, Inc. of Florida, for the period 08J16J94~ 08J15J95, at an estimated $15,840
(1I BJ
National Building Maintenance, Inc. has provided security guard services for the
Main Library for the past three years. On the four bids received, National Building
Maintenance, Inc provided the most responsive bid at $6.60 per hour, a rate that has not
changed since 1991. The uniformed guard patrols the interior and exterior of the library
for a total of 2,400 hours annually.
This initial contract period, commencing August 16, 1994, shall be for one year and
may be extended two additional one-year periods upon mutual consent of the contractor
and the City. Contract hourly rates may be adjusted upon renewal in an amount not to
exceed the latest twelve months change in the Consumer Price Index for All Goods. For
each renewal, the vendor must request the change in writing.
Commissioner Deegan requested information regarding the service the company has
provided. Ms. Rice indicated staff and library patrons are pleased with the service.
Commissioner Deegan questioned if the level of service being requested was adequate.
Ms. Rice will review.
Commissioner Deegan moved to award the contract for 2,400 hours of security
guard services to National Building Maintenance. The motion was duly seconded and
carried unanimously.
ITEM #13 . Contr(l9t for Coronado Or. & S. Gulfvlew Blvd. intersection imorovement and
Manda1av Ave. Sidewall( reolacement ~ Phase 3 to Castco Construction, Inc., Largo, FL,
for $106,773; approve transfer of $22,310 from unappropriated retained earnings of
Marina Fund into CIP 93480 (PWJ
This contract is for proposed improvement work to roadways and sidewalks at
three locations on Clearwater Beach: 1) Improvement to the intersection of Coronado Drive
and South Gulfview Blvd to realign the intersection will eliminate low volume vehicular
turning movements and improve overall vehicle capacity and ,pedestrian safety; 2)
,Replacement of the sidewalk at the westerly end of the City Marina adjacent to Coronado
Drive will match previous sidewalk replacements at the City Marina and along the east side
of Mandalay Ave; and 3) Replacement of the sidewalk along the west side of Mandalay
Ave. from Papaya to Baymont will be done in the same fashion as the two previous
, sidewalk replacement phases along the east side of Mandalay Avenue.
Mayor, Garvey questioned how this would correlate to the Pier 60 design. It was
indicated this project is further to the south and would continue the sidewalk treatment
begun on Mandalay Avenue.
. Commissioner Barfield moved to approve the contract for Coronado Dr. & S.
Gulfview Blvd. intersection improvement and Mandalay Ave. Sidewall< replacement. Phase
3 to Castco Construction and approve transfer of $22,310 from unappropriated retained
earnings of Marina Fund into CIP 93480. The motion was duly seconded and carried
unanimously.
minCC08c.94
08/15/94
20
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ITEM #19 . Receict/Referral . LDCA re Refuse and Recycllna Container location and
enclosure standards (LDCA 94-20){CP)
This code amendment was prepared to provide location and enclosure standards for
refuse and recycling containers for multiple family residential uses and nonresidential uses,
except for 90 gallon roll-out carts.
Commissioner Deegan questioned the purpose of this amendment and how many
refuse containers are non conforming. He noted some Downtown areas would have
difficulty meeting restrictions. Scott Shuford, Central Permitting Director, indicated in
recognition of difficulties those in developed areas may have complying with the
requirements, the Solid Waste Director can make exceptions. Commissioner Deegan
questioned what the problem was. Mr. Shuford explained the appearance of dumpsters
close to the right-of~way is contrary to the image of "Sparkling Clearwater. It Mayor
Garvey questioned if it is a significant problem. Mr. Shuford stated the information he has
received indicates it is.
Commissioner Deegan moved to Receive the Land Development Code Amendment
and refer it to the City Clerk for advertising of public hearing. The motion was duly
seconded and carried unanimously.
ITEM #23 . Humane Society AQreement (CA)
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This agreement provides that the Humane Society of North Pinellas, Inc. will pick
up injured animals, accept animals, shelter animals, investigate complaints regarding
animal abuse, and dispose of animals for the City. The City shall pay $6,500 for the one
year contract effective October 1, 1 994.
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Commissioner Deegan expressed concern regarding the care of the animals.
Commissioner Fitzgerald 'stated, from personal experience, he has found the shelter to be
very compassionate with the animals, holding longer than two years in an effort to find
them a family.
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, Commissioner Deegan moved to approve the agreement witl) the Humane Society
of North Pinellas. The motton was duly seconded and carried unanimously.
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ITEM #25 ~ Res. #94-56 - authorizes execution of an addendum to interlocal agreement
approving the re-admlssion of Pinellas County into membership in the First Florida
'Governmental Financing Commission (AS)
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On June 18, 1987, the City Commission authorized the execution of an interlocal
'agreelT!ent with other cities and counties to create the First Florida Governmental
Financing Com'mission (FFGFC) to establish a pooled financing program with a limited
number of local governmental units with similar credit worthiness and high investment
, grade ratings to provide financing at lower interest costs. Clearwater's approximately $3
million of pool loans outstanding with FFGFC will be paid in full on July 1, 1997.
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08/1 5/94
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This 1987' interlocal agreement requires the City to approve the admission of other
governmental units desiring to join FFGFC. Resolution 94~37, approved by the City
Commission on June 14, 1994, approved the addition of the City of Hollywood, FL and
the removal of Pinellas and Manatee counties from FFGFC. Pinellas County's decision to
rejoin FFGFC requires the approval of each member's governing body prior to their re-
admission.
Commissioner Fitzgerald moved to approve readmitting Pinellas County to the
FFGFC. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Resolution #94-56 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #94-56 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays.': None.
ITEM #26 - Other PendinQ Matters
a) Contractor for Municipal Services Complex
On Aug'ust 5, 1994, bids were opened to award a contract for a general contractor
for the Municipal Services Complex project. Three were classified incomplete because of
their failure to supply prices for significant items of work. If the Commission approves the
contract with the low bidder, Creative/Beers will oversee the construction. The City is the,
owner and ,overall authority and Rowe Architects will manage the project design.
After completion of the pre-construction phase and prior to the commencement of
construction;' Creative/Beers will provide a guarante~d maximum price. Other work
Creative/Beers is contracted to perform is listed in their agreement. Awarding this
contract now will permit construction to commence on October 18, 1994.
. Stewart Donnell recommended the contract for $1,394,356 be awarded to
Creative/Beers Construction. He noted if the Police Department Complex,is removed, their
. alternate bid is still lowest~
Commissioner Fitzgerald stated he had trouble understanding the relationship of the
, general contractor's contract and the one the City has with Donnell/Rowe for $1.5 million
to'oversee the project. He indicated this contract for $1.3 million is for a contract to
,"supervise construction. He thought that is what Donnell/Rowe had been contracted to do.
He noted the City's commitment to spend $2.8 million and nothing has been built.
, Mr. Donnell stated there was no duplication of efforts. Donnell/Rowe was
responsible for the building's architectural design and the structural, mechanical, and
electrical engineering requirements. The general contractor provides none of those
services. They construct the building as designed. Donnell/Rowe will be managing the
, 'minCC08c.94
22
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project and overseeing it for the City to make sure Creative/Beers performs according to
their contract. He reiterated there are no duplications.
Ms. Deptula indicated the Commission is viewing little pieces ahead of time. She
noted the City is getting the general contractor on board early in the process.
Commissioner Berfield questioned if these two contracts were included in the
complex's $16 million estimate. Mr. Donnell indicated the general contractor's cost is
included in that sum. The Rowe/Donnell contract is not.
Commissioner Deegan questioned the background of Beers. Mr. Donnell reported
Beers' headquarters are in Atlanta and they have e local office in Tampa.
Commissioner Thomas expressed concerns regarding the closeness of the bids. He
questioned if it would legal to request the top' two bidders to compete. Mr. Donnell replied
if they both pre-qualified, normal business ethics dictate that the lowest bid be accepted.
Commissioner Thomas questioned if the City has the right to review both firms. He
indicated he did not know Beers or HCB, the 2nd place candidate. The City Manager
stated once firms are pre-qualified, the City is pretty much bound to the low bid.
Commissioner Deegan indicated the Commission was unfamiliar with Beers' history
and questioned their relationship with Creative Contractors, a Clearwater firm. He noted
the Commission is awarding a large contract and must be comfortable.
David Thomas, Vice President of Marketing for Beers.in Tampa, reported Beers is
one of the largest general contractors in the Southeast and has been in Atlanta for 100
years. They have been back in Florida for five years. Beers has had experience with the
$25 million addition to the Mayo Clinic in Jacksonville, the $44 million 100 N Tampa office
building, the $30 million 'addition to Bayfront Medical Center as well as contracts with the
University of Florida, the University of Squth Florida, and an office building for Disney. In
Atlanta they built the Georgia Dome and Olympic Stadium. Mr. Thomas stated Beers
contracts $400 million a year, half in medical buildings. He reported they have never been
in litigation. Their safety record is in the top 5% of the country. He said Beers has
worked with Creative Contractors for more than two years and intends to do more work
with them.
'Commissioner Thomas questioned how many projects listed include a working
, partner. Mr. Thomas indicated half of their projects include a partner. Commissioner
Thomas questioned the reason they use partners. Mr. Thomas indicated it varied from
project to project~ He noted the advantage of a local commitment. He said they have a
partner every time they bid a project in the public sector.
, Commissioner Thomas questioned if they use a local partner for political reasons.
Mr. Thomas disagreed and stated it is their belief their bid is stronger with a local
partnership.
Mayor Garvey Questioned what Creative brought to the table. Mr. Thomas
indicated they had knowledge of the local sub contractor market and can better help set. a
minCC08c.94
23
08/1 5/94
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competitive price. He noted. in the construction business, it takes a long time to develop
relationships. The Mayor questioned if the City needs to challenge why they are partners.
Commissioner Thomas indicated the bids were so close, he wanted to look more deeply
into the Issue. Mr. Thomas stated Beers wished to build their business slowly and
carefuny. He felt they could do business with Creative for the long term. He said they
could do a better job together than separately by bringing together the best of a regional
and local company.
Commissioner Thomas questioned how the Commission would know that
Clearwater would have the best people from both firms on the job. Mr. Thomas agreed
the Commission had the right to be concerned. He indicated his company lives and dies
by their reputation.
Commissioner Berfield questioned if it was Mr. Donnell's responsibility to see that
the job is done correctly. Mr. Thomas agreed.
Mr. Baker addressed Commissioner Thomas's concerns. He said staff has identified
all of the players. Jay Fortune, with Beers, has been identified as the Project Manager.
He indicated all eight bidders have good strong teams. He stated legally, the City can
award the contract to someone other than the low bidder, but if the firms are first pre-
qualified, the City would honor a $1 difference between bids unless there were compelling
reasons not to. He indicated the City's reputation would be at stake. Commissioner
Berfield recommended the Commission look on this contract favorably as Creative
, Contractor's reputation will also rest on this project.
Commissioner Thomas questioned in how many projects Creative is involved. Alan
Bomstein, President of Creative, indicated his company is presently committed to 12
active projects valued between $200,000 and $6 million. Commissioner Thomas
questioned if that included the nursing home construction at Morton Plant Hospital. Mr.
Bomstein indicated it did. Commissioner Thomas questioned who would be involved with
the City's project. Mr. Bomstein indicated his company has been involved in four other
joint projects. He stated Creative's superintendent would' be Willie Crewl, his most senior
'employee. He indicated the Field Engineer works for Beers. He stated he would be one of
the ,Project executives and Frank Froelich of Beers would be the other.
Commissioner Thomas requested staff monitor the project to assure the individuals
,,' involved remain the same.
Commissioner Thomas moved to award a contract for General Contractor of the
Municipal, Center Project to Creative Beers for a total of $1,394,356 and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Commissioner Fitzgerald indicated he would vote' against the motion because he is
opposed to the project, not to the recommended contractor.
" Upon the vote being taken, Commissioners 6erfield, Deegan, and Thomas and
Mayor Garvey voted "Aye," Commissioner Fitzgerald voted IINay.1I Motion carried.
minCC08c.94
08/1 5194
24
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~;,'1':,:,';:"", :. ,': ITEM #30 ;. Commission Discussion Items - None.
ITEM #31 ~'Other Commission Action
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CITY ATTORNEY REPORTS
ITEM #27 - Resolutions
a) Res. #94-67 - Amending Rule 5(1) & 12 of commission rules
The Assistant City Attorney presented Resolution #94-67 and read it by title only.
Consensus was to insert "30" as the maximum number of days a Commission
member may request an item be continued.
Commissioner Deegan expressed concern regarding the provision for a citizen to
request an item be agendaed. He believed the process needed to be uniformly understood
whether this request was to be made to staff or the Commission.
Consensus of the Commission was to amend the resolution to provide that a citizen
may request a Commissioner to agenda an item.
, Commissioner Berfield moved to pass and adopt Resolution #94-67 as amended
and authorize the appropriate officials to execute same. The motion was duly seconded
and upon roll call, the vote was: '
UAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
'''Nays'': Nons.
ITEM #28 - Other City AttQrnev Items
'a) (Corit'd from 08.104/94) Res. #94-69 - determining the necessity to construct
improvements, repairs to and rehabilitation of the East Plant Interceptor Sewer Line,
, ': authorizing 8!1d directing condemnation of the necessary property. No action necessary'
ITEM #~9 . City Manager Verbal Reports
a) Dlrec;:tion ra 09/12/94 meeting .
Commissioner Fitzgerald indicated he should be able to leave, the Tampa Bay
:Regional. Planning Council meeting in time to attend a 1 :00 o'clock City Commission
meeting on September 12, 1994.
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. ' Consensus to make no changes regarding this scheduled meeting.
, '
a),9Ity Attorney short list
25
08/1 5194
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Commissioner Thomas requested the Commission, the City Manager, and Interim
City Attorney indicate their first and second choices. Commissioner Deegan: Carl Kern,
first. Robert Guthrie, second; Commissioner Fitzgerald: Pamela Akin, first - Carl kern,
second; Mayor Garvey: Pamela Akin. Carl Kern, tie; Commissioner Thomas: Pamela Akin,
first. Carl Kern, second: and Commissioner Berfield: Carl Kern, first - Pamela Akin,
second, either/or.
Commissioner Fitzgerald indicated all five candidate were qualified.
Ms. Deptula stated Pamela Akin first and Carl Kern second.
Commissioner Thomas stated his preference for Pamela Akin was based on her
experience as a City Attorney and her capability of tlhitting the deck running. n Mayor
Garvey noted Carl Kern and Pamela Akin were the preferred choices and questioned what
step should be next. Commissioner Thomas indicated he had interviewed the candidates
twice and his wish that Ms. Akin be hired.
Commissioner Deegan indicated his preference for Carl Kern was based on
questions he had asked to determine each candidate's ability to deal with the major points
included in the Hildebrandt report. He noted Mr. Kern's experience as a department
manager and his approach to measuring staff productivity. He indicated dissatisfaction
with Ms. Akin's assertion the City needs three more attorneys. He felt this to be
premature as Ms. Akin has no actual experience to base that assertion.
Commissioner Fitzgerald questioned if the role of the City Attorney should be that
of an attorney or office administrator. He felt Ms. Akin's experience in Tampa would be
valuable to Clearwater. He agreed Mr. Kern compared favorably with Ms. Akin but felt
Ms. Akin has been operating as a City Attorney and has demonstrated ability managing a
larger office. He said her legal background is more suited to the City's needs. He felt the
balance should fall 'on legal experience.
The Mayor said she understood Commissioner Deegan's concerns. She agreed Mr.
Ker~ is strong administratively but fait Akin's attorney experience made her a 'preferable
choice~
Commissioner Thomas indicated Ms. Akin has had a great deal of experience in
Tampa regarding rejuvenation projects in many areas such as sports, marine, waterfront,
etc'f that impact Clearwater.
..
Commissioner Berfield felt both were well qualified. She spoke in agreement with
Commissioner Deegan's observation of Ms. Akin's comments regarding a need for
increased staff but noted Mr. Kern's lack of experience in revitalization projects.
Commissioner Thomas moved to appoint Ms. Akin as City Attorney. The motion
'was duly'seconded.
minCC08c.94
08/1 5/94
26
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Commissioner Deegan expressed concerns regarding the assessment exercise. He
noted the importance of the management aspect of the Department. He felt although Ms.
Akin was qualified, she did not place as high in the three parts of the Assessment Center.
Commissioner Thomas noted her overall Assessment Center score was number one. Ms.
Deptula noted when the scores were averaged, Ms. Akin had the highest average while
Mr. Kern consistently had higher scores. Ms. Deptula indicated she was impressed with
Ms. Akin's ability to work with departments at all levels as well as her ability to deal with
a divergent Commission. She stated either candidate would be a fine addition to the City
but Ms. Akin's legal abilities are superior.
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Commissioner Berfield questioned Mr. Zimmet's opinion. Mr. Zimmet stated he did
not interview any of the candidates nor see the results of the Assessment Center exercise.
He only reviewed the candidate's resumes. He agreed Ms. Akin had the most experience
as a City Attorney and met most of the established criteria. He stated they had rated Mr.
~ern and Mr. Guthrie next. He noted he had personal knowledge of Ms. Akin but did not
have any of the others.
, Mayor Garvey noted it takes a super majority to hire a City Attorney.
Commissioner Deegan said a 4-1 vote was not required to start negotiations.
Commissioner Thomas amended his motion to appoint and hire Pamela Akin as City
Attorney under the conditions established by the Commission. The seconder agreed.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas questioned what compensation plan would be offered.
Commissioner Deegan recommended establishing a salary ceiling. Commissioner Thomas
noted Ms. Akin's current salary is $90,000. Commissioner Deegan felt the City
Attorney's wages should not be greater than the City Manager's $80,000 salary. The
Mayor felt $80,000 should be the minimum offer. Commissioner Deegan suggested
$85,000 should be the maximum and reiterated his desire not to pay the City Attorney
more than the City Manager. Commissioner Thomas noted the City Manager qualifies for
a bonus and the City Attorney does not.
Commissioner Deegan recommended negotiations begin with an $80,000 offer.
Ms. Deptula indicated the leMA contribution was an additional 6%.
A three month severance package was recommended as well as normal mileage
compensation in lieu of a car allowance. Commissioner Deegan recommended the normal
vacation extended to SAMP employees be offered. Ms. Deptula indicated she has started
modifying the sick leave policy for top level personnel to 10 days a year. Mr. Zi~met
questioned when the Commission wanted the new City Attorney to begin. The City
Commissioners indicated immediately.
Consensus was to offer a base salary of $80,000, 6% leMA contribution, and a
normal SAMP benefits package.
minCC08c.94
27
08/1 5194
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Commissioner Barfield questioned if the Commission would have the opportunity to
review the contract prior to negotiations. Mr. Zimmet indicated the new contract is not
based on Mr. Galbraith's.
Commissioner Berfield questioned if Mr. Baldwin's request for recognition of his
design of the Tower proposed for the beach had been acknowledged. Mr. Baker indicated
this had been done. '
Mavor Garvev questioned if the periodic reports regarding the amortization status of
signs could be placed in the read file, rather than copied to each Commissioner. The
Commissioners indicated they each wanted copies of these reports. Other items will be
monitored for possible placement in the read file.
Cpmmissioner Fitzgerald questioned if the Assistant City Manager's response
regarding signs on bus shelters addressed Commissioner Deegan's concerns.
Commissioner Deegan indicated the response indicated it was a matter of policy, not code,
to prohibit such signs. It was indicated some believed it was in the code. Staff will
confirm this.
Commissioner Fitzgerald reported the Tampa Bay Regional Planning Council
(TBRPC) has requested immigration authorities to address it at its next meeting regarding
concerns of a possible influx of Cuban and Haitian refugees.
. ITEM #32 . Adiournment
The meeting adjourned at 5:23 p.m.
. ..~~IL
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