11/29/1994 (2)
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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
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November 29, 1994
, The City Commission of the City of Clearwater met in regular session at City Hall,
Tuesday, November 29, 1994 at 9:16a.m., with the fotlowing members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, II
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Also present:
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Elizabeth M. Deptul~
Kathy S. Rice
William C. Baker
Pamela K. Akin
Cynthia E. Goudeau
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Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by William C. Baker, Assistant City Manager.
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, In order to provIde continuity for research, the items will be listed in agenda order although
not necessarUy discussed in that order.
~.'::,~ ,: ~ " :,~ ' . ;',:. "'. ,: JIEM' #3 - Service Awards
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Seven service awards were presented to City employees.
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,::< :'-" " 'ITEM #4 - Approval of Minutes
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i':~>':,'.", :'" ..'. " . Commissioner Thomas moved to approve the minutes of the regular meeting of
: <:;::; "...; ":'. November 14, 1994, as recorded and submitted In written summation by the City Clerk to
::':,:..,.':>. . '.. ' each COrT:lmlssioner. The motion was duly seconded and carried unanimously.
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The Commission recessed to meet as Pension Trustees from 9:25 to 9:27 a.m.
ITEM #5 - Presentation~
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)~\::-:J :,~ , ,:, " a)Board of Adjustment & Appeal - Building/Flood (BAABF) - Annual Report
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/(-;:.::",:,:':.:,~,:,.,:, ; , 'J'ohn' Logan~ Chair, stated the BAABF.s five Board members are from the
':;):i;';:<', ':'constryctlon,industry. The Board meets monthly, on the third Wednesday of each month
:\:~;J~>'~-'.:,",> ' when'they'have cases. He 'reported last year the Board heard 18 requests for variances
",;5..~." ,:.. 'due to the unsafe buildin'g abatement program. He indicated the Board has not had many
':> 10 '.',' minCCl1 d.94 1 11129194
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applications for variances from flood regulations. He noted he has served the Board for
approximately thirty years. The Mayor noted appointments to this Board are made by the
City Manager. The Mayor thanked the Board for their service.
b) Greater Tampa Bay Marine Advisory Council
Physical Oceanographic Real-Time System (PORTS) is an information acquisition and
dissemination technology developed by the National Ocean Service (NOS). The first
permanent, fully-integrated, operational PORTS was deployed in Tampa Bay during 1 990
and 1991. The system is managed, operated and maintained by the Greater Tampa Bay
Marine Advisory Council (GTBMAC) ~ PORTS under a cooperative agreement with NOS.
Tampa Bay PORTS includes the integration of real-time current, water level, wind
and water temperature at multiple locations with a data dissemination system accessible by
telephone ,or modem. PORTS is a public information system that provides real-time free
information to the general public 24 hours per day; essential information for safe and cost
effective navigation, search and rescue, hazardous material and oil spill prevention and
response, and scientific research. The system is supported by local maritime users, the
Hillsborough County Commission through the Phosphate Severance Tax Fund, the State
through the Coast Protection Trust Fund and the Port authorities.
PORTS wishes to expand their reporting sites to include Clearwater Beach at Pier 60
at no cost to the City'. PORTS requests the City allow Tampa Bay PORTS and the National
Ocean Service/NOAA access to the pier and provide space for the equipment.
J. Lee Chapin, Director of GTBMAC ~ PORTS, said Ports is a system that provides
real time information to the public and shipping industry. He noted tide tables for Tampa
Bay prior to PORTS were inaccurate. The system was installed in several locations to
measure a series of conditions at anyone time. This is the only system like this in
existence although others are being developed.
A preliminary report on PORTS oil spill trajectory modeling during the August 10,
1993 oil spill in Tampa Bay was distributed. A weakness in the system was noted when
the oil moved out of the bay and away from PORTS sensors. The report's conclusion
recommends expansion of PORTS reporting sights to include wind and current monitoring
in the Gulf of Me)(ico near Tampa'Bay. Clearwater Beach is the logical place for a near
shore monitoring site. Mr. Chapin said the National Weather Service feels it would be
advantageous for their forecasting ability to have real-time data. PORTS would like to
provide more coverage for the beach area.
Mr. Chapin suggested the best site for the equipment would be the Pier 60. He
noted a data collection site had been on the pier for many years but was removed during
'renovations. He said the technology previously used has been greatly improved and
miniaturized so it is possible now to "hide" newer equipment. He said he would like to get
an agreement with NOAA and the City to provide PORTS space to install and access the
equipment on the pier.
The Mayor questioned the City Manager's' opinion on this request. City Manager
minCClld.94
11/29/94
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Elizabeth Deptula said staff wanted to know the Commissionts direction before doing
further research and drawing up a contract.
Commissioner Thomas referred to the two sites under consideration on Pier 60 and
noted the preferred Site #1 at the end of the pier would be more obtrusive than Site #2 by
the concession stand in the middle of the pier. He questioned the degradation of data
collection if Site #2 is used. Mr. Chapin said Site #2 is close to the sand bar which can
cause noise in the tidal signal when waves build up. Site # 1 would have less signal
interference. Commissioner Thomas questioned the degree of degradation. Mr. Chapin
said the tidal signal would be degraded and the signal would not be as good.
Commissioner Thomas questioned if the tower could be located at Site #2 and the
equipment on the pilings at Site # 1. The Mayor suggested not getting into construction
details at this time and questioned if the Commission supports the concept. Commissioner
Thomas said he would support it if it does not destroy the beauty of the pier. Mr. Chapin
said the equipment can be .separated between the two sites. He requested permission to
work out these details with staff.
Consensus was for staff to work with Mr. Chapin to provide PORTS space to install
and access their data collection equipment on Pier 60.
c) Countryside Recreation Center
At the October 31, 1994 meeting, the Commission directed staff to revisit the
Countryside Community Recreation Center project regarding items such as clear space
around the basketball court, safety, supervision, etc.
A $1.2-million budget was approved for the project and funding is included in the
current CIP. Under the adjusted budget, the building's cost has increased by $100,000.
Of that amount, $70,000 represents an 8% increase to cover increased construction
materiai and labor costs. Recent escalation of construction material and labor prices is
market driven. The architect has researched cost trends and determined that a 5% factor
has occurred over the last six to eight months and an additional 3 % factor wltl be
experienced between now and project bidding in May 1 995. The remaining $30,000 is for
a fire protection sprinkling syste~; a requirement recently brought to staff attention. The
',site work budget has been increased by $10,000 to reflect the estimated 8 % inflation.
These increases are believed to be real and fixed.
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Staff reviewed possible options: 1} Option "A" increases the adjusted budget by
$43,000 and includes a 15,130 square base building plus an additional '1 ,420 square feet
for.' an activity room and additional storage space originally intended to be bid as
',talternates." If bid as "alternates, It Robert Bitterli, of Bitterli and Associates Architects,
Inc."estimates the cost at $70,000. Mr. Bitterli estimates the cost of including the
additional space in the base building at $35,000. Option "A" also includes "Lexan"
windows in the wall separating supervisory offices from the gymnasium for increased
supervision. This option does not add space in the gymnasium for persons to access the
Arts & Crafts room, etc. With this option, the total project cost is estimated at
minCClld.94
11/29/94
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$1,353,000; 2) Option "Bit includes the "alternates" as part of the base building and
expands the multipurpose! gymnasium by three feet to provide an 11-foot walking area for
access of recreation rooms. The storage area and Weight room will also be expanded by
three feet. This option increases the budget by $24,000 to $1,377,000; and 3) Option
lIell includes the tlalternatesll as part of the base building and adds six-foot internal
hallways for access to recreation rooms from the lobby. This option increases the budget
by $76,000 to $1,453,000 and does not increase the size of the multipurpose/gymnasium.
Staff recommends "Option B" as the best opportunity to secure the "alternatesll at
the most reasonable price while providing an additional three-feet in the multipurposel
gymnasium space for sufficient safety of persons accessing recreation rooms. Although
hallways were desirable during preliminary discussions, it is now believed their primary
advantage would be to provide increased safety for accessing recreation rooms.
Disadvantages include high cost, additional maintenance, and supervision concerns. Halls
also would eliminate a direct view from the supervisors' office into the multipurpose!
gymnasium space.
Ream Wilson, Parks & Recreation Director, noted the room for Police Officers will be
200 square feet. The Police will not be present to supervise the building. The building will
provide office space so Officers can stop by to work on reports and familiarize themselves
with the youth and mingle with the neighborhood. To concerns regarding access to
classrooms from outside, Mr. Wilson said if a IIteacherll is not in the room, the door will be
locked.
Mr. Bitterli said he studied the project and noted many things they are
recommending now would have been done in the next phase. He noted a radical upswing
in,costs of 6 to 7% during the past eight months and vendors now are demanding more
money for supplies. He suggested 8 % would be a conservative estimate of price increases
before the project is bid in May 1995. He noted the original budgeted cost had held true
for 1a-months.
Mr. Bitterli noted the advantage of drafting non-complicated bids and recommended
including the alternates to increase the building's size as part of the basic bid. He said
Option nAn is the least expensive choice and includes the alternates for ~n activities room
and additional storage. The Fire Marshall indicated if the building is to be used for
assembly purposes, a sprinkler system is needed. He said if the alternates were bid
separately, they would cost $70,000. By including them in the base bid, their cost should
be $35,000. He noted outside access to rooms will be at the discretion of the person
directing the program.
Mr. Bitterli reviewed Option liB" which adds three-feet to the gymnasium, storage
and fitness rooms. He suggested painting a wide border stripe around the court areas to
signify a safety strip. He reported this option costs $24,000 more than Option" A. "
Mr. Bitterli reviewed Option lieu which would include hallways. This option costs
$76,000 more than Option ttB. II Safety would be increased due to separation from the
gymnasium. He indicated this option costs quite a bit more than the others to build and
minCClld.94
11/29!94
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maintain and eliminates direct supervision of the gymnasium from the supervisors' office
and requires added supervision of the hallways.
The Mayor questioned if Option "CIl includes the alternates. Mr. Bitterli said all
three options contain the alternates. Elimination of the alternates would lower the cost of
each option by $35,000. Each option contains the expense for the sprinkler system.
Commissioner Thomas referred to the alternates and questioned the function of the
proposed space off the gymnasium. Mr. Bitterli indicated the specs wcs for equipment
storage. Commissioner Thomas questioned the purpose for the additional space by the
exercise room. Mr. Bitterli said the space is for an activities room. Commissioner Thomas
questioned if the Commission decided these alternates were not needed, would it be
difficult to move the storage space. He suggested it would be less expensive to construct
a straight wall. Mr. Bitterli said the storage space has a low ceiling and is similar to a
ttlean-to" and there would be very little difference in cost. He noted the storage room is
located in the back for access to the service drive.
Commissioner Fitzgerald questioned plans for the activities room. Mr. Wilson said
plans were for ballet, aerobic, and karate classes with contract employees. He noted this
room was included in the original plan as an alternate. Commissioner Fitzgerald questioned
if the space is not available, would the number of programs offered at the center be
reduced. Mr. Wilson agreed. He noted the City would save $35,000 by excluding the two
rooms but it would cost $70,000 to add the rooms in the future. Mr. Bitterli recommended
if the City plans to build the rooms, they do it now.
Commissioner Thomas questioned the need for an activities room. Steve Miller,
Parks & Recreation Superintendent, indicated staff has tried to stay consistent with
information gathered by the survey when designing the center. He noted there were many
requests for these activities. He estimated the room will generate $15,000 per year in
revenue. He noted the storage space, as designed, is not climate controlled.
Commissioner Berfield questioned the size of the room designated for the Police
Department. Mr. Bitterli said the room is 213 square feet. Commissioner Berfield
questioned the size of the activities room. Mr. Bitterli said the room is 880 square feet.
Commissioner Deegan referred to programs planned for the activities room and
questioned if the programs could be conducted in the gymnasium. Mr. Miller said that
would crunch space and would not allow multiple activities to take place at the same time.
Commissioner Deegan noted the gymnasium was designed to be used on a north/south or
east/west access so half of the floor could be used for a separate activity. Mr. Miller
agreed but suggested the two activities need to be similar, like volleyball and floor hockey.
Commissioner Deegan questioned the economics of constructing a building to be used
100% for two hours a day while it stands empty the balance of the time. Mr. Miller said
the most popular time for use by senior adults is during the morning. The exercise classes
could be held in the activities room rather than turning on the lights and air conditioner for
the larger gymnasium. Mr: Bitterli noted the gymnasium would be cooled by a separate air
handler. Holding classes in the smaller rooms when the gymnasium is not being used
minCC11d.94
11/29/94
5
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would save operating expenses. He noted participants in dance and aerobic classes have
requirements not found in a gymnasium. Mirrored walls and ballet bars would be unsafe in
the gymnasium. He suggested the center be buUt so the City does not have to worry
about it. He predicted the building will be well used.
Commissioner Thomas referred to the floor plan without hallways. He noted the
plan to have instructors oversee outside access to the rooms and requested a profile of a
typical instructor. Mr. Wilson said all contract instructors are adults and professionals.
Most are highly skilled and also teach at other facilities. Commissioner Thomas expressed
concern regarding youth instructors. Mr. Wilson noted youth instructors are staff members
who will mostly be involved with the gymnasium and game room portion of the building.
Commissioner Thomas questioned if a tight set of rules could be established for contract
instructors indicating they are properly skilled in behavioral control. Mr. Wilson said staff
could make sure those concerns are addressed. He indicated the City does not have
problems at the City's recreation centers.
Commissioner Thomas referred to the gymnasium walls where Lexan windows are
proposed in the offices. He questioned if slit Lexan windows could be installed along the
entire wall for visual access. Mr. Wilson said the doors from the gymnasium to the rooms
can have a panel of glass. Mr. Bitterli said the top panel of the doors will be constructed
of Lexan. Commissioner Thomas expressed concerns regarding problems in the fitness,
activities and game rooms. Mr. Bitterli said he will review where windows can be installed
along the wan of those rooms. Mr. Wilson reiterated that each room will have its own
supervision.
Commissioner Thomas moved to approve Option "B" which includes the
, "alternates" as part of the base building and expands the storage and fitness room and
multipurpose! gymnasium by three feet to provide in the gymnasium an 11-foot walking
area for access of recreation rooms for a budget of $1 ,377,000 with the addition of visual
access through the gymnasium wall to the fitness, activities, and game rooms. The motion
was duly seconded and carried unanimously. '
Commissioner Deegan questioned the square foot cost of the building. Mr. Bitterli
Indicated it will be $73 p!3r square foot without architect fees and $81.17 with the fees.
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~.,.: ' ITEM #6 - Citizens to be heard re items not on the Agenda. None.
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CONSENT AGENDA (Items #7-18) - Approved as submitted less # 8, 10, 12 & 14.
'ITEM #7 . Fire SUDolemental Pension Plan Trustees - reappointment of Mike Ahrens & Nick
Stucker (FD)
ITEM #8 - See cage 7.
ITEM #9 . Extension of contracts for purchase of black 3408 polyethylene pipe & fittings,
for the period 12/14/94-12/13/95to: M.T. Deason Co., Inc., Birmingham,AL, at an
estimated $1,075,024.35; Equipment Controls Co., Norcross, GA, at an estimated
minCClld.94
6
11129/94
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$118,182.50; and Perfection Corp., Madison, OH, at an estimated $52,845, for a total
estimated $1,246,051.85 (GAS)
ITEM #10 - See page 8.
ITEM #11 - Contract for temporary employment services to Kelly Temporary Services,
Clearwater, FL, for the period 12/01/94 -11/30/97, at an estimated cost of $45,000
annually (HR)
ITEM #12 - See page 9.
ITEM #13 - Purchase of 50 Smith &: Wesson 9mm double action pistols from Standard Law
Enforcement Company, Longwood, FL, for $21,597 (PO)
ITEM #14 - See page 10.
ITEM #15 - C.O.#3 to Clearwater Beach Recreation Center Renovation Contract to
Oakhurst Construction Company, Inc., increasing the amount by $8,300 for a new total of
$582,973.50 (PAJ
ITEM #16 - Purchase of three generators from Cummins Southeastern Power Inc., Tampa,
FL, for $88,150; generator #1 is authorized lease/purchase through Barnett Bank IPW)
ITEM #17 - Joint Proiect Agreement with Pinellas County for utility relocation by Pinellas
. County contractor for the Alligator Creek Channel" A" Detention Area at Logan Street (EN)
ITEM #1 8- 1 2 month lease with option of 6 additional months with The Times Publishing
Company for Magnolia Park Sub., W 114' of Blk 8, to use for stormwater detention and/or
parking during construction of the City's Municipal Services Complex for $12,456 (CM)
Commissioner Thomas moved to approve the Consent Agenda as submitted less
Items 8,,10, 1-2, and 14 and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
.' ItEM #8 - Extension of contract for installatiqn of Polyethylene mains & service lines to
Heuer Utility Contractors, Inc., Clearwater, FL, for the period 01/01/95 -06/30/95, at an
estimated $500,000 (GAS)
To provide timely installation of new gas mains and services with no increase of
staff, the Clearwater Gas System (CGS) requests the extension of the contract with Heuer
, Utility Contractors, Inc. (HUC) to install polyethylene gas mains and services throughout
the City's service area. Heuer has agreed to hold their bid prices for six months.
Work will be performed under the direction of the Manager of Gas Operations. The
contractor will supply all labor, equipment, sad, asphalt, concrete, and curb replacements.
"eGS will supply gas-related materials such as the polyethylene pipe, fittings, and valves.
minCClld.94
11/29/94
7
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Heuer anticipates 10 three-person crews will fulfill this workload. An analysis
, comparing the cost of 30 contract employees versus hiring 30 new CGS employees
showed the unit prices of the Heuer contract are 2% less than performing the construction
in-house.
Commissioner Deegan questioned why it costs the City more to perform these
tasks. Chuck Warrington, Gas System Managing Director, said that was due to the City's
labor costs that include a benefits package. Commissioner Deegan suggested the City
needs to do something to be competitive. Mr. Warrington said utility businesses typicaUy
contract low skill tasks.
Commissioner Deegan referred to Item #10 and noted the contracted work to
change out gas meters is ongoing. He suggested if a long term job requires a lower skill,
the City should consider hiring someone low skilled for the task. Mr. Warrington said he
has challenged the Gas Operations Manager to determine benchmarks and verify if the City
can perform tasks for a lower cost than contractors. He said the City plans to attempt to
compete with contractors.
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Commissioner Deegan noted the six month contract is for $O.5-million. He said if
this were a one shot deal, he would understand the use of contractors.
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. 'Commissioner Thomas said he was on the opposite side of the argument. He noted
government historically has higher personnel and fringe benefit costs than private sector
employers. He expressed concern regarding the upward spiral of costs ten years after
hiring 'staff at a low skill salary level. He said he would like to privatize more of the
government. He suggested reviewing how the City hires staff and how benefit packages
could be changed. .
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, Commissioner Deegan questioned if CGS staff are members of. the union. Mr.
Warrington said,they are. Commissioner Deegan disagreed regarding the cost of
government staff. He said the City's enterprise funds do not have to be run the same way
as the rest of government operations.
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Mayor Garvey agreed with Commissioner Thomas that the City is better off hiring
contract employees and not increasing the number of City employees. Commissioner
Thomas felt this should be discussed further at strategic planning.
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installation of pOlyethylene mains and service lines to Heuer Utility Contractors, Inc. of
Clearwater at an estimated cost of $500,000. The motion was duly seconded and carried
, unanimously.
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'TEM #10.. Extension of contract for residential gas meter change out to West Coast
Plumbing, Palm Harbor, FL, for the period 12/14/94 -12/13/95, at an estimated $42,000
'(GAS)
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11/29/94
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Clearwater Gas System's (CGS) goal is to change out 1,200 residential gas meters
annually. Meters are changed out on a 10-year schedule to assure accurate measurement
of consumption. To meet this schedule, CGS has increased the number of meters to be
changed to 1,200 from last year's goal of 1,000. With age, gas meters have a propensity
to slow and under-measure consumption, causing lost revenues.
This contract will provide labor to change out 1,200 gas meters in a timely manner
without delay to the project or Increasing staff. CGS will provide the gas meters from
existing inventory.
During FY 1992/93, CGS's unit cost per gas meter change out was $40. The most
recent October 1993 bid was $35 a meter, or a saving of $6,000 over the 1992/93 price.
The labor and vehicle expense to accomplish this work with CGS personnel is estimated to
be $ 52 per meter.
Discussion of this item is included in the discussion of Item #8.
Commissioner Deeg'an moved to extend the contract for residential gas meter
change out to West Coast Plumbing, Palm Harbor, for the period 12114/94 -12113/95, at
an estimated cost of $42,000. The motion was duly seconded and carried unanimously.
ITEM # 1 2 H Extension of contract for physical examinations & other medical services with
HCA Family Care Centers Walk-In Clinics, Largo, FL, for the period 01/0' 195 -, 2/31/95, for
,an estimated $104,750 (HR)
In 1992, the City solicited bids and awarded a contract for the 1993 and 1994
calendar years for the following physical examinations and medical services for City
employees: post offer physicals; annual physicals; respirator physicals; controlled
substance tests; breath alcohol tests; medical review officer services; and tetanus typhoid
'immunizations. These physical examinations and medical services are required by Union
contracts, State and Federal law, Occupational Safety and Health Administration,
Americans with Disabilities Act~ US Department of Transportation, the Federal Highway
Administration, and for pension eligibility.
The Human Resources Director, Chief of Police, Fire Chief, and the Gas System
Managing Director unanimously decided to recommend ~he City renew the HCA contract
, for these services. The original bid called for two one-year extensions with an Increase
, 'equal to the consumer price index. HCA's request for a 2.5% increase is within the limit
sp'ecified in the original bid~
HCA maintains a permanent facility at 2 N Belcher, Clearwater. HCA's performance
since January 1, 1993 has been more than satisfactory and a higher level of service is not
required.
Commissioner Berfield questioned why physicals cannot be handled through the
City's health insurance carrier, Pru-Care. Deputy City Manager Kathy Rice indicated Pru-
Care does not do drug and alcohol testing. She said those receiving physicals are not City
'employees and are not covered by Pru-Care.
, minCClld.94
11/29/94
9
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Commissioner Deegan questioned if the services were bid. Ms. Rice said the
contract was bid out last year and this is a one-year extension. Commissioner Deegan
questioned if it will be bid out next year. Ms. Rice said staff will review the contract next
year.
Commissioner Thomas questioned why the net overall cost increased by 25%. Ms.
Rice reported two changes to drug and alcohol testing requirements may increase the price
significantly. Federal law requires additional drug and alcohol testing in the Gas
Department. Testing those with commercial-driverts licenses and those who work in safetY'
sensitive positions is new and requires random testing and testing after accidents for more
than 400 City employees. Commissioner Thomas questioned if the dynamics of the
contract had changed and if it would be prudent to rebid it. Ms. Rice said only a few local
organizations provide this service and HCA has provided good service. The volume of
testing will be increased. She noted a slight difference in the alcoholic testing component
now requires a specific kind of breathalyzer be used. Commissioner Thomas questioned if
the volume will increase 25 %. Ms. Rice said the City anticipates that increase in volume.
She indicated a cost~of~living increase is included in the higher rate.
Commissioner Berfield moved to approve a one year extension of the contract for
physical examinations and other medical s~rvices with HCA Family Care Centers Walk~ln
Clinics, Largo, FL, for an estimated $104,750. The motion was duly seconded and carried
unanimously.
ITEM #14 ~ Renewal of aareement with Pinellas County Sheriff to provide latent fingerprint
examination & related services, as well as crime sceno services including evidence &
property storage to the Clearwater Police Department, for the period 01/01/95 ~12/31/95,
for $316,714.54 (PO)
The Pinenas County Sheriff's Office and the Police Department have had a
contractual arrangement since January 1, 1994 to cover latent print examination, evidence
storage and crime scene processing. The contract cost includes $58,836.19 for latent
fingerprint services, $27,220 for evidence storage, and $230,658.35 for a base workload
of 2,000 calls for crime scene processing per contract period. Any processing provided in
excess of 2,000 crime scenes will result in a charge of $122.83 per scene. The Police
, Department has been most pleased with the services provided by the Sheriff's Office
during the previous contract periods.
Commissioner Deegan indicated the Commission requested when contracts are
being renewed that a summary report be provided. He noted the proposed contract has a
base of 2,000 crime scenes and questioned how many crime scenes the Sheriff's Office
processed last year. Chief Klein said from January 1 to October 31, 1994, the Sheriff's
Office processed 1,612 crime scenes. He projected the City would have close to 2,000
, 'crime scenes requiring processing by the end of the year. Commissioner Deegan requested
a summary report include what the Sheriff's Office did for the City and how it compares to
the service the City previously had. He requested the City Manager provide this type of
information before the Commission is asked to approve an agreement in the future.
minCC11d.94
11/29/94
10
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Commissioner Berfield questioned if last year was the first year of this contract.
Chisf Klein said this is the third year of the agreement. He noted the Police Department
consolidated three contracts last year and this is the second year of the consolidated
contract. Commissioner Berfield questioned the cost of last year's contract. Chief Klein
reported last year's total contract cost $245,666.14. Commissioner Berfield questioned
the increase. Chief Klein said the City negotiated the 4.25% increase as the cost of doing
business. Chief Klein indicated processing a homicide scene requires hundreds of hours of
time. Commissioner Berfield questioned if Chief Klein was comfortable with the increase.
He indicated the increase was reasonable.
Commissioner Deegan moved to renew the agreement with Pinellas County Sheriff
to provide latent fingerprint examination and related services, as well as crime scene
services including evidence and property storage to the Clearwater Police Department, for
the period 01/01/95 -12/31/95, for $316,714.54. The motion was duly seconded and
carried unanimously.
The Commission recessed from 10:41 to 10:50 a.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM # 19 ~ Reappropriation of prior vear retained earnings of the General Fund in the
amount of $79,132 to fund programs dealing with Community Outreach, Community
Response & Parks & Recreation (eM)
The FY 1993/94 Community Outreach program budget included the purchase of
'equipment and supplies for the Community Outreach start-up program approved by the
Commission in April 1 994. Because of the enormity of the initial task, not all budgeted
eq'uipment was purchased In FY 1993/94. It is requested that program savings at the end
of FY 1993/94 of $23,762 be reappropriated to the Community Outreach budget in FY
1994/9,fi to provide additional funding for current year equipment needs.
The 1994/95 Community Development Block Grant funding included $175,000 for
the salaries/wages and benefits to provide administrative support to operate a code
enforcement program in the N Greenwood neighborhood. Through an oversight, matching
funds of $50,000 for supplies and other materials were not budgeted in the FY 1994/95
operating budget. It is,recommended that savings in the FY 1993/94 Community Response
operating budget ($32,225), and savings in other FY 1993/94 General Fund operating
budgets be reappropriated in the current year budget to support this program.
Under the eleven Youth Diversion Grant programs conducted last summer, Parks &
Recreation re(;:ognized savings of $5,370 in FY 1993/94. It is recommended that these
savings be reappropriated in the, current year budget and earmarked to provide funding of
$1 ;500 for nseed money" for the "Rising, Stars" basketball program and funding for future
Youth Division programs.
, The total reapproprfated funding recommended for the detailed programs is
$79,132. Funding will be provided by a first quarter budget amendment appropriating
General Fund retained earnings to these programs.
minCClld.94
11/29/94
11
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Mayor Garvey noted the Commission was trying to find money for Community
Pride's Traffic Impact fees, and questioned if any of these funds could have been used for
that purpose. Ms. Deptula stated any money in the General Fund, retained ~arnings, could
have been used for that program. .
Commissioner Deegan questioned the Community Response Team's $50,000
request for supplies and other materials. Ms. Deptula said she would get the Commission
information regarding this concern and suggested continuing the item to later in the
meeting.
The City Manager distributed a copy of the Community Response Team's detailed
budget for the Neighborhood Improvement Program.
, Commissioner Deegan referred to money budgeted for rent and questioned what site
will be used for this operation. The City Manager said a site has not been approved but is
in the works. Commissioner Deegan said when the Commission discussed this project, it
was to help a particular neighborhood. He said he did not realize they would be housed
there'; He questioned if plans were to locate Code Enforcement substations all over the
City. Ms. Deptula said this is the only one being proposed. The program will last one year
and its purpose is to address the unique needs of this community.
Commissioner Deegan moved to approve reappropriating prior year retained earnings
of the General Fund in the amount of $23,762 for the Community Outreach program;
$50,000 for the Community Response program; and $5,370 for Parks & Recreation
programs, for a total of $79,132. The motion was duly seconded and carried unanimously.
lIEM #20 - Harborview Center Management Contract
Ms. Rice indicated Globe Facility Services was the top ranked management firm by
the selection committee. She said following discussion, the contract could be ready
December 1, 1994.She, noted issues already decided include: 1) the building will be an
ehterprise fund; 2) the capital cost will not be recovered in the enterprise fund; 3) the
, ,Community Room will take a, second position in booking events; and 4) there is a benefit to
~aving an outside contractor run the facility.
Mich Sauers, President of Globe Facility Services (GFS), said his company is a full
service management company in business since February 1994. The GFS management
team include Nick Flaske, Ken Young and Mich Sauers. GFS is part of the GIS Group of
Companies founded in 1978.
, Mr. Sauers said the advantages of private management include: 1) overall cost-
effectiveness; 2) greater access to premier touring shows; ability to risk capital to promote
or co-promote events; 3) depth of management experience and expertise; and 4)
l1egotiating savvy with tenants and promoters. He said GFS will make certain the best
possible arrangements are structured for the City as owner of the facility. GFS facilities
and clients include: 1) PUTRA World Trade Center in Kuala Lumpur, Malaysia~ 2) Bangkok
,International Exhibition Centre, Thailand; 3) Harbor Park Stadium, Norfolk, VA; 4) West
" minCClld.94
11129/94
12
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Palm Beach Auditorium, West Palm Beach, FL; 5} World Arena, Colorado Springs; 6) AM
Partners (Consulting), Honolulu, HI; and 7) Ohio State University Arena, Columbus, OH.
Mr. Sauers said GFS is a Tampa Bay Area company and Clearwater will be dealing
with the company's owners. The organizational chart indicates Mich Sauers will be
General Manager, Mark Collins will be Operations Manager, Sheri Green will be Events
Coordinator (Sales), Ken Young will be Food & Beverage Manager, and Pat Perkins will be
Finance Manager.
Mr. Sauers reviewed pre-opening tasks: 1) working with architects to maximize the
facility's operational efficiency; 2) reviewing the furniture, fixtures, and equipment
requirements; 3) managing, the entire furniture, fixtures, and equipment process including
specification, purchasing, delivery, installation, and training; 4) preparing marketing plans
and business strategies for the new facility; 5) reestablishing financial pro-formas for day to
day operation; 6) recruiting and training staff; 7) planning and managing grand opening
ceremonies; and 8) establishing operating Policies and Procedures in coordination with the
City and the Convention and Visitor's Bureau.
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'Mr. Sauers reviewed personnel needs between now and building opening: 1) General
Manager - 12 months; 2) Executive Secretary - 11 months; 3) Director of Finance - 6 '
months; 4) Bookkeeper - 4 months; 5) Sales/Events Coordinator - 3 months; 6}
Secretary/Receptionist - 2 months; 7) Food and Beverage Director - 2 months; 8)
Operations Department Director - 8 months; 9} Building Trades - 2 months; and 10) Two
Laborers - 2 months for total personnel expenses of $183,098 that include fringe benefits
of $30,516.
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Mr., Sauers emphasized the importance of marketing that includes: 1) market
, research; 2} public relations; 3) sponsorship; 4} event solicitation/creation; 5} on-going
promoter relationships; and 6) merchandising. GFS will market the Harborview Center to:
1} corporate; 2) community; 3) State-wide events; 4} hotel/motel joint promotions; 5)
fraternal organizations; 6) fashion shows; 7) multi-cultural events; 8} musical events; 9)
trade shows; and 10) job fairs.
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Mr. Sauers said GIS has developed computer software for administrative functions
including: 1) budget; 2) purchasing; 3) financial control systems; 4) executive reporting; 5)
payroll; 6) payables/receivables; 7) cash management; and 8} capital planning/revenue
sources. The Facility Management System will: 1) book activities; 2) estimate package
costs; 3) schedule equipment; 4) schedule labor; 5} schedule meals; 6) manage budgets;
and 7) invoicing.
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Mr. Sauers said public service is an area key to GIS. Public service means having
community events and interrelating and interfacing with the entire community to enhance
the community's economics, provide community support, security and crowd control, and
emergency planning.
Mr. Sauers said GIS is anxious to provide assistance and guidance with the
restaurant operation. He felt there are opportunities to generate additional revenue. GIS's
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concern is that the restauranteur provide concession and dining services to guests
attending the facility. Catered meals will be needed. He said it is not typical for
restaurants to provide both full service dining and catering though the trend is changing.
Mr. Sauers reported facility expenses from now until opening should cost $207,300
and cover: armored car service; contracted services; data processing; dues; equipment
rental; general administration; institutional advertising; insurance; interior landscaping;
license and permits; pest control; postage; professional fees; subscriptions; supplies;
telephone; trash removal; travel and entertainment; uniforms; and utilities. With personnel
costs and benefits, the cost is estimated at $390,398. Once open, facility expenses are
estimated at $456,500. With personnel costs and benefits, the total cost is estimated at
$908,900. Personnel costs for the first 12 months for the first full 12 months of operation
are estimated at $452,400 to include fringe benefits of $75,400. Additional employees at
that phase include one Building Trade employee and two laborers for a total 14 employees.
Key assumptions include: 1) 30,000 square feet of exhibit area; 2) 20,000 square
feet of meeting space; and 3) the facility will mature in three years.
Mr. Sauers predicted the facility will host between 18 and 25 convention and
between 1 5 and 22 consumer events averaging four to five days each with 1 75 booths.
The average number of attendees at a convention would be between 350 and 600 with
between 2,500 and 5,000 attending consumer shows. Rental rates for conventions are
predicted to run 5 cents per net square foot. Mr. Sauers noted columns in the facility
present some problems with the space. Income from consumer shows will average
between $1,800 and $3,500 per day. He predicted rental income for conventions will be
between $50,400 and $11.2,500. Consumer shows may have an income of between
$108,000 and $385,000. There will be time when multiple events occur.
Mr. Sauers predicts tr.ere will be between 137 and 177 exhibits and meetings
booked the first year. Attendance will be between 69,800 and 177,000. Rental income
will be between $223,400 and $619,375. Income from food, equipment, advertising, and
miscellaneous is predicted to be between $389,556 and $1,013,950. With expenses
between $856,000 and $952,400, the profit/(Ioss) is estimated between ($466,444) and
$61,550. With income from SteinMart estimated at between $250,000 and $500,000 and
income from the restaurants between $200,000 and $400,000, GFS estimates the
Harborview Center will have a profit/(loss) of between ($16,000) and $960,000.
Mr. Sauers said the convention center will impact the local economy with delegate
,spending averaging between $3,959,500 and $11 .3-million. Using the economic impact
, multiplier of 2.5, the impact should be between $9.9-million and $28.25-million.
Mr. Sauers said GFS proposes a fixed fee of $9,000 per month for the pre-opening
phase. GFS proposes a fixed fee of $6,500 per month for the management fee plus a
performance fee: 5% of revenues between $0 and $750,000; 8% of r~venues between
$750,000 and $1.26-million; and 12% of revenues in excess of $1.25-million. GIS made a
commitment to take a percentage of their fees and reinvest it in a marketing fund to attract
more events to the facility 'or do promotions for specific events. The proposed term is for
minCC11d.94
11/29/94
14
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five years, renewable after three years based on performance. Mr. Sauers said the
Harborview Center will be a key account of GFS and they plan to make it a showcase.
Ms. Rice questioned if GFS;s fees are included in the pro~forma. Mr. Sauers
indicated they are. Ms. Deptula referred to the summary and questioned if GIS had
included their expenses in the profit/loss estimate. Mr. Sauers said all expenses were
included except for GIS' performance incentive fees, and operational expenses such as
depreciation, taxes, or debt service.
Ms. Deptula noted the Commission had made a decision that the initial investment
of approximately $1 O-million would not be recovered by the Harborview Center. Future
capital costs for furniture, fixtures, or any other improvements, would have to be recovered
by the enterprise fund.
Commissioner Fitzgerald said that decision is significant and noted the capital costs
of $1 O~million contributed by the citizens to this project will not be recovered. He said if
the $10~million had been invested in CDs at rates as low as 6%, the return to the City
would have been $600,000 a year in income. He said many citizens have questioned
when the City will recover .its $1 O~lT1i11ion investment. He said the answer is the City will
not be recovering its $1 O~million.
Commissioner Deegan was not sure he agreed with Commissioner Fitzgerald's last
statement. He said if the building generates revenue, the enterprise fund will be generating
a profit which will accrue to the benefit of the citizens. Commissioner Fitzgerald
questioned at what point does the City begin to make a profit. Commissioner Deegan
noted the "aggressive" prediction is $960,000 per year and the unormal" figure is at the
break even point. Commissioner Fitzgerald noted an inccme of $960,000 translates into a
, profit of only $360,000. Commissioner Deegan said he would take an income of
$960,000 over $600,000 any day. Commissioner Fitzgerald noted the $600,000 income
is actual while the $960,000 income is a projected figure. Commissioner Deegan noted the
center also provided the opportunity for citizens to use the building.
Commissioner Fitzgerald pointed out to Commissioner Thomas that expenses listed
for fringe benefits are budgeted at 35 % of the cost of wages. Ms. Rice said City staff
fringe costs 20.1 % of wages. She noted the figure listed in the budget is not comparable
because they used holiday, vacation, and sick time in the figure. If those expenses are
removed, the fringe benefit would be comparable to City expenses. Commissioner
Fitzgerald's point was that Commissioner Thomas' claim that government personnel costs
include an excessive cost for benefit packages is not necessarily true. He noted the'
benefits offered by this private firm are comparable or higher in cost than those offered by
the City. Commissioner Thomas agreed it may be true for this case but he did not think
, that normally to be the case.
Commissioner Thomas referred to the cost analysis for personnel and operational
expenses, and questioned what part of the management fee is not included in those
numbers. Mr. Sauers 'said the incentive fees were not included. Commissioner Thomas
, felt the 5 % incentive is a fixed fee as it is paid on the first dollar of income. This makes
minCClld.94
11/29/94
15
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the fixed fee higher than stated. Mr. Sauers said the fee schedule reflects industry
practices and the challenge of managing the facility during its first years of operation.
Commissioner Thomas said the fixed fee should reflect the true fixed fee.
Commissioner Thomas referred to the comparison between the possible incomes
and felt the "aggressive" estimates could be higher. He said many conventions rent the
whole convention hall and no estimates reflect that possibility. Mr. Sauers said for
purposas of assumptions, GIS assumed exhibitors will pay for space they actually are using
and not the entire hall. He agreed some conventions may rent the entire space at a higher
return. Commissioner Thomas said that is a function of how the building is rented. He felt
the building should be rented as a fixed footprint. Mr. Sauers said the facility has not been
fully designed and there are questions regarding systems and partitions.
Ms. Rice clarified that the selection committee had ranked GFS as the top firm.'
Because the final decision has not been determined, GFS is not able to provide a specific
pro-forma, only a general one.
Commissioner Thomas felt the rental income had been grossly underestimated in the
figures presented by GFS. He recommended Commis'sioner Fitzgerald pay attention to the
economic impact the Harborview Center will have on the community. Commissioner
Thomas noted some cities build money-losing convention centers because of that positive
impact. He said intangible benefits are difficult to measure.
Commissioner Fitzgerald said it depends on the numbers one believes. He
expressed doubt regarding the accuracy of the multiplier effect traditionally used to justify
these types of projects. He noted a recent study of the economic impact of major league
sports teams disproved the theory that teams provide a substantial financial impact on
communities. He reported the study indicates major league teams provide little new money
into an' economy. The principal benefit of having a team seemed to be the community's
image and ability to say, Iii have one." He felt a lot of information is accruing to dispel the
assumption about the intangible benefits of certain developments.
Commissioner Deegan requested Mr. Sauers elaborate on the advantage, "ability to
risk capital and ability to promote or co~promote events." Mr. Sauers said if the
government is managing the facility, it may be unable or unwilling to take a risk and grant
, concessions in order to attract an event. The management firm would be able to
underwrite the event and bring it to the Center. Commissioner Deegan questioned if part
Qf GFS' marketing approach would be to negotiate that type of dea!. Mr. Sauers said the
types of events that are underwritten include consumer shows such as those exhibiting
boats or cars. Revenue from the convention space will come from simple rentals or a
promotion where someone pays a percentage of the gate receipts or a co-promotional
venture with a shared risk where GIS would put at risk some of the facility's rncome
stream. Commissioner Deegan noted if the revenue for the facility is put at risk, the City's
potential rental income is also put at risk. Mr. Sauers said certain events would not come
if certain r.oncessions are not made and the facility would have had zero income.
Commissioner Deegan pointed out If the facility has to offer discounts to attract some
events, the City's revenue would be down and GFS would only stand to lose its incentives.
, minCClld.94
11/29/94
16
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Mr. Sauers said GFS can take the risk with an event and rent the facility from the City,
becoming the event's partner in renting the facility.
Commissioner Deegan noted the City of St. Petersburg has changed its management
of the Thunderdome from a private management company to using city staff. He
questioned what would prevent Clearwater from being in the same situation. Mr. Sauers
said he was a part of the c,onversations that lead to that decision. He noted had St.
Petersburg attracted a major league baseball team, the management firm would have lost
that contract anyway. He said the management firm had a great deal of frustration with
the facility because the compensation was not as high as had been expected.
Commissioner Deegan noted Mr. Sauers had said his proposed incentive package
was standard in the industry and questioned if the firm that managed the Thunderdome had
a similar package. Mr. Sauers said that management firm's package was similar but had
been negotiated more than six years ago.
, Commissioner Deegan said he can envision three years from now with revenues at
the lower end of GFS's prediction of income between $0 and $960,000. Neither the City
nor GFS would have generated much revenue but GFS could walk away without having
lost anything because their salaries would have been guaranteed and the City would have
paid for all staff members. He noted the City would be left holding the bag. He questioned
how GFS could share in the risk. He felt GFS' guaranteed flat fee should cover a certain
amount of gross revenue with the incentive built on top of that.
Commissioner Deegan referred to GFS' key assumptions regarding the square
footage available for rent. He had understood the facility had 50,000 square feet gross on
bot Ii the, lower and top fl09rs, and questioned why GFS had assumed a total net of only
50,000 square feet. Mr. Sauers said facilities such as rest rooms, storage areas,
concession stands, support services, administrative spaces and the columns had to be
, subtracted from the gross area. Commissioner Deegan questioned if there was enough
room downstairs for 40,000 square feet of exhibit area. Ms. Rice said she did not think
there was that much space but indicated staff could review that. Commissioner Deegan
said he was surprised only 50,000 square feet would be available to rent. He requested
staff review the space. Mr. Sauers noted the registration lobby area is not included in the
rentable space. Commissioner Thomas said it would be possible to open up the 1 6,000
square foot conference room on the third floor to provide a minimum of 46,000 square feet
trade show space with additional meetings rooms still available.
, Commissioner Deegan referred to food service and restaurants and said he gathered
from Mr. Sauers's comments that GFS hopes someone will respond to the City's RFP to
handle all food service requirements for the center. He said the RFP was scheduled to give
the chosen management firm the opportunity to notify contacts they have in the food
, ' service industry to respond. Mr. Sauers said GFS had contacted several organizations and
encouraged them to respond to the RFP. He said GFS' concern is from an operational
standpoint. He expressed ,concerns that facility guests are well serviced.
minCClld.94
11/29/94
17
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Commissioner Thomas referred to estimated personnel costs of $452,400 for the
first full 12 months of operation and the summary listing personnel costs at $400,000 for
normal activity levels and $462,000 for aggressive activity levels and questioned how
those estimates were figured. Mr. Sauers said the number of people needed under normal
conditions would result in lower personnel costs by eliminating three positions. The
$456,000 estimate for operational costs needed to be adjusted based on utility costs and
trash removal. Commissioner Thomas referred to the $452.400 in personnel costs and
questioned if that number strictly covers personnel costs or if it is mixed with operational
costs. Mr. Sauers said those costs were strictly for personnel.
. Commissioner Fitzgerald questioned if the risk Mr. Sauers referred to would be
taken by the City and GFS. He expressed concerns on how the City's revenue stream is
protected when a risky event is booked. Mr. Sauers said if the City wanted to attract and
encourage a specific event they may choose not to charge rent but would want to be
reimbursed for utilities, cleaning, manpower, etc. If the City was unwilling to take that
risk, GFS could become partners and pay the rent with their own dollars and assume the
total risk. Commissioner Fitzgerald said he always wants to be certain what risk the
taxpayers will have to make. He questioned if this point will be explained in the contract.
Ms. Rice said it would be explained.
Ms., Rice referred to the Community Room and questioned if it is to take second
place to the convention center, was the City Commission willing to compensate GFS for
community events held in the Harborview Center. Commissioner Thomas suggested this
be included in the contract. He said the risk issue is confusing. He expressed concerns
with GFS underwriting events because it could put the City in competition with GFS. Mr.
, Sauers indicated the contract, which is common to the industry, states the management
company is able to rent the space at the prevailing rate. Commissioner Thomas said that
would result in a conflict he did not like. He said the management firm would be in the
"catbird seat" renting out the facility. He suggested this ability to rent the space would
allow GFS,to support money making events while cutting the City out of the profits. He
noted the management firm already has an incentive to attract additional revenues for the
City. He said he would not support any agreement that would set up a management firm
as an individual entrepreneur in the building. Mr. Sauers said of the 4,000 events his
former employer booked, only about six involved situations where the management firm
rented the building. He said the management company usually would rent the space to not
lose an event.
Commissioner Fitzgerald questioned how much the management of the building will
cost the City. Ms. Rice said that depends on the building's income. GFS will charge the
City $9,000 per month until the building is open plus the cost of staff in the building. Mr.
Sauers said the figures presented today were $40,000 to $50,000 higher than originally
proposed and reflected GFS' fees and an adjustment to budget trash removal.
Commissioner Fitzgerald questioned if the cost of management included the listed
personnel costs plus the $9,000 monthly fee. Ms. Rice said the pre-opening costs for the
first year are estimated at $390,398. Commissioner Fitzgerald noted the estimated cost
fOf the first year after opening is $908,000. Mr. Sauers said he hopes to provide the City
Commission with a detailed financial statement once GFS is on board. He said the
minCClld.94
18
11129/94
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contract will hold GFS responsible if there is a deficit or shortfall. Ms. Rice noted the City
Commission will have approval of GFS' budget for the facility.
Commissioner Fitzgerald questioned if staff was asking for direction to go forward
and negotiate a contract that will include all these points and return to the City
Commission for approval. Ms. Rice said a Commissioner had requested in writing specific
pro-forma information. She expressed concerns about negotiating a contract before this
information could be developed. She said the contract could say GFS will develop a pro-
forma as the Commission defines necessary policies and as the building is designed.
Consensus was to negotiate a contract without a pro-forma.
Ms. Rice questioned if a negotiated contract could be brought back to the City
Commission on December 1, 1994. Commissioner Thomas said he did not think the City
should delay allowing GFS to start consulting with the architects and restaurants. Mr.
Sauers said the two issues requiring negotiation include the firm's compensation and
language regarding risk. He said the attitude of the contract is for the City Commission to
set policy and GFS set procedure. He said if the bottom line of the contract is exceeded,
GFS pays. He knew the City was anxious to start. He said he was willing to spend the
next day to negotiate a compensation package to present a contract on Thursday. The
Mayor noted this type of contract was new to the Commission.
Commissioner Thomas questioned if the contract can be negotiated by Thursday.
Ms. Rice said a contract could be ready if the Commission agreed to certain concepts.
Ms. Rice questioned if GFS can be credited when community space is used for
community activities. Mr. Sauers said GFS has proposed that space used for community
activities be credited at 60% of the rental rate because GFS still has to manage the space
and aUocate staff. Ms. Rice said if the rental rate is $1 OQ, $60 would be credited to
revenues and GFS would earn a performance 'fee based on total revenues. Ms. Rice said
, these activities are the community activities that now take place at the Annex.
Commissioner Thomas questioned if these activities now take place in the Annex's
10,000 square foot community room. Ms. Rice agreed. Commissioner Thomas questioned
the yearly revenue from the Annex's community room. Ms. Rice said recreational activities
take place there and there has been no revenue. Ms. Deptula noted the City receives a
percentage from contracted events.
Commissioner Deegan noted the events at the Annex are now managed by the
Parks & Recreation Department. He questioned Parks & Recreation's role in the
Harborvlew Center. Ms. Rice said that has not been identified. The Commission had
indicated the community space In the Harborview Center takes second place to renting the
space' for conventions. She said staff envisions that as community space versus a
community center. Commissioner Thomas questioned how many days a year is the
Annex's community room presently used. Ms. Rice said staff would provide that
information.
minCC11d.94
19
11/29/94
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Commissioner Berfield questionod if those activities could be moved to the new
gymnasium in Countryside. Ms. Rice noted some activities draw citizens from Downtown
who will not go to other locations.
Commissioner Thomas noted the trade show space would mostly be used on
weekends. Ms. Rice said the question was compensation. Commissioner Thomas said if
City staff is doing all of the work he did not feel the management firm should receive any
compensation. Mr. Sauers said he assumed this facility is similar to others. He noted the
facility is responsible for set up, staff, cleaning, servicing the event, invoicing, etc. Mayor
Garvey questioned if City staff would not be involved with community events occurring at
the Harborview Center. Commissioner Thomas said he assumed City staff would continue
doing the exact same thing they have doing for these events. Mr. Sauers said that is
usually the intent but not what generally occurs. Ms. Rice said the management firm
would have staff on-site. Mr. Sauers said he would prefer GFS be responsible for all
activities in the facility.
Commissioner Fitzgerald felt there was a lot of confusion with this issue. He
expressed concern that a conflict situation was being established. The original idea was to
incorporate a new community center in the building to replace the community room in the
Annex. He suggested a conflict will occur betw~en the activities now scheduled in the
Annex and convention activity. He said citizens will be upset when they cannot participate
in their normal activities because they have been preempted. He expressed concern that
the Commission incorporated more than $1-million budgeted for a new community center
into the Harborview Center and now plans to preempt community activities. Ms. Rice felt
community events can co-exist with convention business for a number of years.
Commissioner Thomas stated the new space will be better than present space at
the Annex and residents should be satisfied with the way their recreation needs are served
at the Harborview Center for some time. He noted the City has just spent money for
community centers in Countryside and Clearwater Beach and said citizens can drive to the
other centers for events. He said the City is building a business enterprise with more than
enough space. If it turns out the Harborvjew Center is so overburdened with convention .
business, Commissioner Thomas suggested the City would be able to find the money to
replace its community center.
Commissioner Deegan noted the proposed credit for community events and
questioned if the management firm would schedule the bookings. Ms. Rice said they
would. Parks & Recreation would have to budget out of pocket expenses. Commissioner
Deegan noted Parks & Recreation personnel would not have to be located at the
Harborview Center. Mn. Rice agreed that was correct. Commissioner Deegan said he
initially opposed compensating GFS for community events but felt if they do everything, he
saw no problem with giving GFS credit as long as they do not get a 5 % incentive for the
first $750,000 in gross revenues. Ms. Rice agreed that would be a cleaner agreement for
the City.
Mr. Wilson indicated the City cannot accommodate ballroom dancing and bridge
activities, presently taking pla~e at the Annex, at any other community center. He
minCClld.94
11/29/94
20
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anticipates staff setting up the classes, collecting the tickets, and conducting the programs
at the Harborview Center. He recommended discontinuing renting the Annex space as it
would compete with the Harborview Center.
Commissioner Thomas questioned if Mr. Wilson had a problem working with Mr.
Sauers in the manner being discussed. Mr. Wilson said at the last meeting, it was
discussed that the Parks & Recreation Department would meet with the management firm
with a schedule of the adult dance and bridge programs and those events would be
included in the Harborview Center's schedule. Mayor Garvey questioned if the schedule of
these events could be changed to better accommodate trade show schedules. Mr. Wilson
said the present program works well with trade show schedules. Ms. Rice said staff had
agreed to work with the management firm. Commissioner Thomas suggested if staff is
already being paid to do these functions, the City should not pay the management firm to
do them. He said if staff could be reduced and those positions transferred to the
management firm, he would support compensation.
Commissioner Deegan said Parks & Recreation staff should still participate in City
events but would not require office space. Mr. Sauers said GFS is comfortable during the
first year or two to find space to accommodate 250 people and could advise of conflicts
six months in advance. He said an agreement needs to be reached regarding the building's
maintenance and setup for events. He recommended one entity accept total responsibility
for that task. He said the other issue that needs to be addressed is compensation for that
service. He expressed concern regarding setting the firm's incentive at a high threshold
level.
Ms. Rice referred to her concerns regarding food service and noted the Commission
had wanted the management firm to help assign the facility's food service. She reported
GFS had indicated they wanted one of the two restaurants responsible for catering the
building. Commissioner Thomas felt the management firm should be open on how the food
service is structured.
Mr. Rice referred to the rental space issue and questioned if the Commission had
Indicated a wlsh,to move all activities that could be moved from the Annex to other
community centers and negotiate a schedule for the big events at the Harborview Center.
Commissioners Deegan and Thomas agreed. Commissioner Thomas said the Harborview
Center will not be built with 10,000 square feet dedicated to a community center. The
, pri,ority for scheduling will be convention and trade show business.
Commissioner Fitzgerald said the Harborview Center will no longer be a community
center but a place where certain community events will take place if there is space.
Commissioner Thomas noted there is no community center at the Annex. Commissioner
'Thomas said the room at the Annex operates as a community center. He said it is a
question of priority and in the new center, community based activities will take second
place to other activities that may preempt them. Commissioner Deegan said the
Commission discussed this before. Trade show events are booked far in advance.
Commissioner Fitzgerald said if the Harborview Center is highly successful, there will be
minCe 11 d.94
21
11129/94
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t) more and more days when space is not available. He said he was bothered that the
,-'"' citizens have contributed $1 Q-million and t,heir space and take second place on the program
priority list. He expressed concerns that the project began with an agreement to
incorporate a community center into its design and spend $1-million, budgeted for that
purpose, on the Center.
Commissioner Deegan said the activities that will take place in the Harborview
Center's meeting rooms also will be for citizens. He disagreed citizens would take second
place. Commissioner Fitzgerald expressed concerns with citizens' events taking second
place to trade show activities. Commissioner Berfield said she understood Commissioner
Fitzgerald's concerns but noted once the Annex is torn down, there will be no place for
those activities to take place. She said the Commission is trying to make some space
available for current activities.
'.' .
Commissioner Thomas said the City spends more than $1 Q-million per year for the
entertainment of its citizens through the Parks & Recreation Department. Mayor Garvey
said the Parks & Recreation Department are not an entertainment business. She said it
was a cost of living issue. '
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Ms. Rice said staff has requested five days at the Harborview Center be set aside
for City use for a reduced rate. She questioned if that would be enough days. GFS is
asking for half credit on their compensation.
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Consensus was five days at no rent should be set aside for City use.
Ms. Rice stated the contract with GFS has several components. She noted the
Commission's concern regarding incentive fees.
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Commissioner Thomas agreed with Commissioner Deegan that GFS' proposal to
earn an incentive on the first dollar of revenue was incorrect.
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Consensus was to set a performance fee at a level higher than zero.
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Mr. Sauers said the issue is the threshold level and the percentage. Ms. Rice
questioned, if staff can negotiate the contract and send it to the Commission tomorrow
': would they be prepared to address it on Thursday, December 1, 1994. Com.missioners
Thomas and Deegan requested staff try for the December 1, 1994 date. Ms. Rice said
everything has been resolved except two or three paragraphs.
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Commissioner Fitzgerald said he was reminded of the rush to judgement on the
SteinMart lease. He said the Commission should have time to ~xamine the documentation.
He said he could not intelligently address a complicated document with so little time to
review it. Ms. Rice suggested staff could negotiate a one-month contract before returning
, next month with a fina' contract.
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Commissioner Deegan questioned if GFS' function will differ from when they are on
board with a contract. Ms. Rice said their function would not differ.
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minCe 11 d.94
22
11/29/94
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Commissioner Fitzgerald agreed with Ms. Rice's recommendation. He said the
Commission and City Attorney must have plenty of time to closely review the contract.
Commissioner Thomas questioned Mr. Sauers if the level of service he expects GFS
to deliver in the next month would differ from the next months. Mr. Sauers said GFS
would start from the "get golf and the service would be the same. Commissioner Thomas
questioned if the work would be at the same intense level. Mr. Sauers said everyone with
GFS would be involved.
Consensus was for staff to work out an agreement.
Ms. Deptula said staff would work out a one month agreement with GFS and bring
forward a final contract for approval in January 1995.
Consensus was that the City needs a management firm for the Harborview Center
and GFS is a good firm to provide that service if an acceptable contract can be negotiated.
The Commission recessed from 1 :00 to 1 :32 p.m.
,rEM #21 . Beach Town Meetina Follow-un Discussion - Tourism Promotion
Ms. Deptula reported the Convention and Visitor's Bureau (formerly the Tourist
Development Council (TDC)) has identified a typical tourist but could not confirm that a
Clearwater tourist fits the profile of a County tourist. She said Clearwater beach business
people have complained tourism here has not turned around as it has at other Pinellas
County beaches. She questioned if the Commission wants to find out the profile of the
Clearwater beach tourist. Videos from the Convention and Visitor's Bureau (CVB) were
presented.
The City Manager reported a package of information was received from the
Chamber of Commerce with a proposal for a cooperative effort on the tourism issue.
Mayor Garvey noted the Chamber's proposal addresses financial funding and recommended
it be discussed when the budget is being prepared.
Commissioner Deegan said the public has expressed their opinions and want to
know what the Commission will do in response.
, , Mayor Garvey referred to a proposal from Bordner Research, Inc., regarding
, research needs relative to the Clearwater beach Itvisitor." Commissioner Deegan referred
to Ms. Deptula's question regarding whether or not the Commission wishes to assume that
the, Clearwater tourist is the same as the one profiled by the eVB. He felt the answer is no
: and su'pported a study similar to one recommended by Dr. Bordner. He felt the study
, proposed by Bordner Research is too expensive. He noted the response could be ready
. , " after the ,first of the year and suggested the cost be reduced. Commissioner Thomas
questioned why the City should use Dr. Bordner when the CVB uses Dr. Clages.
Commissioner Deegan suggested a second opinion from another source would be valuable.
minCClld.94
23
11/29/94
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_, high~season might not provide a true picture. Commissioner Thomas suggested gathering
information from motel owners. Commissioner Fitzgerald noted the City wants to find out
what attracts new tourists. Commissioner Thomas agreed the problem is multi-faceted and
the City also needs to find out who is not coming anymore and why. Commissioner
Fitzgerald said the Commission had agreed to cooperate with the Chamber of Commerce
and motel owners in surveying their customers. The City Manager said the visitor
comment cards relate to a separate issue. She expressed concern that County tourism
money is being spent to target a profile that may not resemble Clearwater's tourists.
Commissioner Berfield questioned if Bordner Research would research Clearwater
beach or City-wide tourists. Commissioner Deegan said the issue before the Commission
today is Clearwater beach.
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Commissioner Deegc;.n referred to the proposal from Bordner Research, Inc. and said
many points in the letter nee a to be addressed. He suggested timing may be an issue.
Mayor Garvey suggested a two prong research program could research tourists before and
after Christmas. Commissioner Fitzgerald questioned if that proposal would double the
cost. Commissioner. Deegan said the sample could be large enough to be divided into cells.
He recommended Dr. Bordner redefine her definition of a tourist. He said it also was
important to continue the visitor comment card program.
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Commissioner Thomas questioned the beach community's opinion regarding when
the visitor surveys should be conducted. The majority of the audience recommended the
surveys be conducted in March and August.
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Guy Jasmine of the Clearwater beach Econo Lodge recommended the surveys be
done in May and September.
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Herb Leonhardt said beach motels are full from Christmas until the week after
Easter. He estimated occupancy until August runs at 80%. He said from November 1 until
Christmas is the slowest season with only 1 5 % to 20% occupancy.
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. Commissioner Deegan stated if the Commission is trying to find out how to get
people here doing the slow season, the survey should be conducted now. Commissioner
Thomas said even though motels are full during four months of the year, he noted he has
received complaints that the demographic profile of Clearwater beach visitors is declining.
Mr. Leonhardt agreed. He noted British Airways will resume service to Tampa this Spring
and recommended addressing that.
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Commissioner Deegan said the questions that need to be asked include: questions
on demographics; what attracts visitors to return; and how to attract new visitors. He
suggested this research be done during the high and low season. He noted Dr. Bordner will
have to address how to get a valid sample without duplicating the entire study.
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Commissioner Thomas suggested negotiating a contract for doing one sample now
and one in March. The City Manager said she would communicate with Dr. Bordner.
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minCClld.94
24
11/29/94
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Commissioner Deegan said the confidence level could be lower below 95%. Ms. Deptula
said part of the complaint regarding tourism is directed to the Commission and City staff
and regards parking. She suggested including a question on parking in the survey.
Commissioner Deegan noted because after Thursday night's meeting the
Commission will not meet until January, the survey will be in the City Manager's hands.
The City Manager questioned if the City Commission was comfortable with her directing
the survey, in part, to some of the issues discussed today.
Consensus was for the City Manager to go forward and negotiate an agreement
with Bordner Research, Inc.
Mr. Jasmine said March and April would not be good months for the survey
because college students are visiting for Spring Break. Commissfoner Deegan questioned if
Mr. Jasmine objected to surveying visitors now. Mr. Jasmine said no.
Commissioner Deegan noted the high season extends from mid~February until
Easter. He felt Mr. Jasmine had made a good point regarding Spring Break visitors.
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Commissioner Thomas said the Commission only needs to determine if they want to
do a survey and suggested the City Manager and Dr. Bordner decide on the best times to
conduct it. The City Manager noted the City Commission concurred with her concerns
regarding the profile of Clearwater Beach visitors and authorized her to work with Dr.
Bordner to complete a survey.
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Mayor Garvey noted Florida's the new tourism promotion theme is IIReturn to your
senses in Florida. II
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Commissioner Deegan suggested a need to know if visitors had ever seen any of
the promotion pie'ces produced by the CVB and recommended addressing that in the
survey.
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Mr. Leonhardt said visitors fall into two categories; those who visit when the kids
are out of school and those without children who visit when the kids are in school.
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Mr. Jasmine questioned why the videos were presented. Commissioner Berfield
said the Commission wanted to see on what the tourist tax money was spent. Mr.
. Jasmine questioned if there is anything the City can do to see that the videos are redone to
, include Clearwater more.
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Commissioner Thomas said the City has to decide what role the City wants to play
to, promote Clearwater Beach. The City Manager reported the Clearwater Chamber of
Commerce has proposed the City work in coordination with the Chamber rather than
Clearwater taking on the role of lead agency. Commissioner Thomas noted the Chamber
has been working with the Tourist Development Council for years and nothing has
happened. He questioned why tourism is up in other places but down in Clearwater. He
said the City wants to take the lead. He supported a billboard campaign to promote
Clearwater in the greater Orlando area. Commissioner Fitzgerald disagreed with that
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minCClld.94
25
11/29/94
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suggestion and noted the City has fought consistently to limit billboards. Commissioner
Barfield suggested talking to people in Orlando instead of a billboard campaign. She
recommended spending money to get information into Orlando area hotel rooms would be
a much better use of City funds.
Commissioner Deegan referred to Section 2 of the tourism report and noted the
Chamber is advertising in See Magazine in Orlando. Ms. Deptula referred to the Chamber
of Commerce's activities that include a Clearwater beach familiarization tour for Orlando
hotel concierges.
Commissioner Deegan referred to CVB activities and the advertising portion of the
CVB's marketing budget totaling approximately $3~million. He said the advertising is not
doing the job and questioned what reason is there to think that more money for advertising
will solve the problem.
Commissioner Fitzgerald said the Commission does not know why the advertising is
not working. He suggested the Commission may be doing something to cause the
advertising not to work. He said Clearwater does not have a good reputation for being a
friendly destination but as a place to get a parking ticket where fun is last on the list.
Commissioner Fitzgerald referred to the City's "anti-fun" ordinances and said the
Commission cannot totally blame the downturn in tourism on advertising. He stated the
City needs to find out if the Commission is doing things that reflect badly on attracting
tourists.
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. Commissioner Deegan agreed more advertising alone will not help tourism. He said
there are a few people with the perception to which Commissioner Fitzgerald referred. He
suggested the survey will discover how prevalent that perception is. Commissioner
Fitzgerald said officials of other cities have that perception. Mayor Garvey questioned
what may need to be changed. Commissioner Fitzgerald said the City's reputation is that it
seems to be antHun and tries to control the activities of visitors. The City has some very
strict regulations. "Anti-fun" ordinances have established a negative image and do not
convey a feeling that visiting here is fun.
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Commissioner Thomas disagreed and said he has never received a call that said
Clearwater is not a place to have fun. He expressed concern that Clearwater does not
market its beaches to the tourism industry. He noted the CVB does not focus on
Clearwater and suggested Clearwater should develop its own marketing program.
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Nick DeAminico said he walks each evening and every time there is a switch of the
police, things deteriorate. He stated many beer bottles titter Mandalay Avenue. He said
, the cruising control is unbearable. He felt the family oriented beach has gone down the
drain. He felt it was better before the police force was Rwitched. He spoke against
replacing a good Sergeant serving the beach.
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, Behzad Shahriari said Clearwater has no identity. He recommended offering
something besides sun and sand. He suggested parking tickets have ruined tourism and
recommended getting rid of the parking meters. Commissioner Deegan noted the
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minCClld.94
26
11/29/94
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suggestions Mr.Shahriari made are presently before the City Commission for discussion.
Mayor Garvey said the Commission is trying to develop new ideas. Commissioner Berfield
questioned what Mr. Shahriari does to promote his business. Mr. Shahriari said he is doing
his best but does not spend a dime to advertise. He felt his service is his advertising. He
said the City gives tourists a hard time with the ordinances. He said ordinances harass
tourists.
Commissioner Berfield noted Mr. Shahriari has one view point white other business
owners have another. The Commission is trying to balance the needs of those who want
more fun and those who want a family oriented atmosphere. She noted the country's
economic situation has an impact on tourism. She requested business owners give the
Commission a chance to develop a plan. She suggested beach businesses also must help
themselves.
Mr. Shahriari stated ordinances are against the family. Commissioner Berfield
requested he name an ordinance. Mr. Shahriari said the noise ordinance was put in the
wrong place. Commissioner Thomas recommended Mr. Shahriari notify the Police
Department if the noise ordinance is not enforced in the bar next to Mr. Shahriari's
business and if they do not respond and issue a citation to notify the 'Commission.
Commissioner Thomas said, for the record, the Commission developed Harborview
Center to enhance tourism. Today a presentation was approved for a project on the East
End specifically for entertainment to enhance tourism.
Susan lewis said at the November 17, 1994 Commission meeting, she had
presented a petition signed by 85 motel owners. She said all of the businesses are trying
to succeed for the good of. the community. She referred to the tourist tax and requested
assistance from the City to access CVB records to learn how that money is spent. The
Mayor ,said the information currently is not broken down in that manner and that is part of
the research the City is trying to accomplish. Commissioner Thomas requested a typed list
as he could not read the signatures on the petition.
Commissioner Deegan questioned if Carole Greiner, Special Assistant to the City
Manager, will go to the CVB and try to access these records. Ms. Deptula said Ms. Greiner
is working with the CVB.
Jay Keyes referred to the topic of tourist promotion. He felt not much is wrong
with Clearwater. He noted the City historically promoted tourism but when the CVB was
formed, the City acted as jf that organization would take care of all needed promotion. He
said the CVB was doing a good job of promoting Pine lias County as a whole but does not
solve Clearwater's need for promotion. He suggested City funded tourism and convention
promotion should be administered by the Chamber of Commerce. He said beach
businesses need help.
Chuck Pollick said a task force consisting of many civic organizations and
'representatives formed to make recommendations. He announced the task force is ready
to reconvene because of the situation on tourism and promotion. He invited the City
minCClld.94
11/29/94
27
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Manager and a City staff member to be part of the task force. Many business owners with
many ideas were unable to attend today's meeting. He suggested the task force be
convened in a way that specific ideas can be brought back to the City Commission. ' He
said the task force would listen to considerable input from many people.
Guy Jasmine suggested a seafood festival could be held if the City relaxed
ordinances. Commissioner Berfield noted public health regulations restricted festival
activities and were not within the City's control. Mr. Jasmine said rules were relaxed for
the festival held at John's Pass. Commissioner Deegan suggested whoever would like to
sponsor such an event, should file the appropriate application to see if it is possible. Ms.
Deptula noted the Downtown area recently sponsored a seminar on how to put on a
special event. She suggested holding a similar seminar on the beach.
Maria Coats said local motels were not full on Labor Day or Easter. She noted how
expensive and difficult it is to book rooms in Key West. She suggested contacting the Key
West Chamber of Commerce as well as Chambers of Commerce for Miami Beach, Naples,
and Fort Myers to see what they are doing to turn around their slumping tourist industry.
Commissioner Thomas recommended Ms. Coats, as a member of the Chamber of
Commerce, gather that information and come back with it.
Ms. Deptula noted the Commission will address outdoor cafes and sidewalk vendors
at a special discussion session in January.
Commissioner Deegan noted the City has learned it is not possible for Clearwater
Beach to be listed on a mileage sign. City Engineer Rich Baier said the only Interstate
intersection where the City is qualified to be listed already has two supplemental guide
signs, the maximum permitted. He said staff will review regulations regarding non-
interstate signs. Commissioner Thomas said the objective is to get more destination
signage listing Clearwater. He noted Clearwater is a destination.
Commissioner Thomas referred to page '0 of the Tourism report and questioned if
banners, such as those hanging Downtown, could be permitted on the beach for a festive
atmosphere. The City Attorney said banners, as approved by the City Manager, are
permitted. Commissioner Deegan referred to the request for holiday lights on the beach
like the ones Downtown. He expressed concerns regarding setting a precedent for future
requests from other areas of the City. Commissioner Thomas said there was a need to
make the beach more user friendly and festive. Commissioner Deegan noted nowhere was
a lack of a festive atmosphere listed as a cause for the downturn in tourism.
The City Manager noted beach business concerns regarding a need for international
signs. Staff has discovered there is not one set of accepted international symbols.
Conimissioner Deegan said the Blue Ribbon Task Force had included a list of symbols in
their report. Commissioner Fitzgerald referred to page 14 and questioned if the City would
receive B copy of the recent DOT study regarding signage for the Stata, Mr. Baier reported
this week the City will be receiving the study, presently in draft form. Commissioner
Fitzgerald said he had to identify standard international signs, listed in a book, to qualify for
an International Driver's License. Assistant City Manager William Baker said there is a
mince! I d.94
28
11/29/94
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European standard but no International standard. Ms. Deptula said there is no one official
list of symbols. Ms. Deptula questioned if staff is beginning to change signs on the beach
to international symbols. Ms. Greiner said many signs have been changed. She suggested
using metric measurements. Mr. Baier said there is an understanding of basic regulatory
signs. He said some confusion exists regarding parking signs indicating the size of
permitted cars, for example. Commissioner Deegan suggested the basic regulatory signs
be changed to international symbols where possible.
The City Manager referred to activities on the beach. She said staff identified a
need for a single, slick brochure that listed all activities and their locations to be distributed
to visitors at hotels and at the Welcome Center. Mayor Garvey questioned if the brochure
could be added to the booklet put out by the Chamber of Commerce. Ebbie McNider of the
Clearwater Chamber of Commerce, said that could be done next year as the book is
currently being printed. The City Manager said staff would do something else in the
interim.
Commissioner Deegan recommended the Community Outreach Division produce a
video to promote Clearwater Beach. Ms. Greiner reported a segment of the longer film
shown today is marketed to travel agents to show prospective tourists at their agencies.
She noted the high expense of airing 30 second television commercials in certain markets.
She suggested marketing to travel agents would be more cost effective. Ms. Deptula
suggested an active program.. welcoming every convention with a short video clip. Jeff
Harper, Director of Information Management, said the television production staff is
gathering footage from all City special events and will be able to produce a video.
Cor:nmissioner Thomas recommended distributing videos to hotels in the Orlando
area. He suggested the City be its own merchandiser. Commissioner Berfield
recommended working with local hotels that are part of national chains to get the video
distributed to other hotels in the chain across the country. Mayor Garvey suggested
literature and brochures on Clearwater Beach be distributed the same way.
The City Manager reported the Police Department has made significant changes on
the beach. In addition to the training of the parking enforcement officers, a warning
system has been instituted. Previously, if an officer was writing a ticket, the officer had
no recourse but to complete the ticket. Now, until the ticket is affixed to the car, the
officer can stop writing the ticket and instead issue a warning. Mayor Garvey requested
the program be monitored for level enforcement.
The City Manager referred to the proposal from the Chamber of Commerce
requesting $143,253 of support. She reported staff has worked with the Chamber of
Commerce regarding the Welcome Center and is waiting for a response. Commissioner
Deegan said he understood the problem was getting tourists to come here and suggested
applying the City'S limited resources to getting people to visit. He noted the Welcome
Center does not incorporate a "pun strategy."
Commissioner Thomas said the Welcome Center needs improvement. He
questioned if the City has considered advertising in the State of Florida Welcome Centers.
minCe 11 d. 94
29
11/29/94
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Ms. McNider said the Chamber of Commerce has its visitor guide at the centers on 1-95
and 1-75. She said the centers are not high tech yet and cannot show videos.
Commissioner Thomas suggested if the City is going to spend money with the Chamber of
Commerce, it be invested at the gateways to the State and in Orlando. Ms. McNider said
she is traveling north to visit travel agents and offered to distribute the City's video. She
pointed out many travel agents with video libraries would be interested in a video.
Ms. Deptula referred to the Chamber of Commerce's request for forgiveness of their
loan and noted the Chamber of Commerce had suggested they could rebudget the $10,800
they could save, to more advertising. Commissioner Thomas said he was against forgiving
any loan until the City knows more details. Commissioner Deegan agreed monitoring would
be required. Ms. Deptula said she would request the Chamber of Commerce put together a
more specific proposal on that request. Commissioner Berfield referred to the cost of
advertising, and noted the Chamber would not get much advertising for $10,800. Mayor
Garvey suggested the sum could go toward the production of the video and making copies.
Commissioner Thomas suggested the Chamber of Commerce wants the City to pick
up the tab and be the Chamber of Commerce. Commissioner Deegan noted the size of the
Chamber of Commerce's request is $143,253 and questioned what the Chamber of
Commerce's budget is. Ms. McNider said the proposal was more a request for the
Chamber of Commerce and City work together than it was a request for money.
Ms. Deptula referred to the Chamber of Commerce's request to introduce some kind
of outdoor entertainment at Pier 60. The Chamber of Commerce suggested a preliminary
study be completed. If it proves to be feasible, the Chamber of Commerce requests City
assistance in the necessary permitting. She noted staff has determined nothing is
necessary as it can be considered a "special event." The Chamber of Commerce is
" requesting seed money to get the idea started. Ms. McNider indicated the Chamber of
Commerce has a meeting scheduled for Thursday. She said the Chamber of Commerce has
done preliminary investigations with New Orleans and Key West. Those concepts began
with volunteers., She s~id the Chamber of Commerce was requesting in~kind money for
permitting, zoning, liability issues, etc. Commissioner Deegan said the in-kind requests
.sound good. He felt the idea is worth pursuing.
Consensus was to work with the Chamber of Commerce and assist them with in~
kin~ support but not to invest any money at this point.
The City Manager referred to the Chamber of Commerce's request for $30,000 to
target two cities with a large scale retail promotion. Commissioner Deegan expressed
concern that including the City advertising with the Discover Florida Suncoast's sales
mission would dilute the City's message. Ms. McNider said this promotion would be
Clearwater specific but can be coordinated with DFS advertising and marketing.
Commissioner Deegan questioned what the $30,000 is for. Ms. McNideT said the money is
for tie-iris with airlines, rental car companies, etc. She said the results from the planned
point of purchase promotion would be measurable. Com~issioner Thomas said if the City
plans to spend this amount of money, the City should control the spending instead of just
subsidizing the Chamber of Commerce. Commissioner Deegan said he was not willing to
minCClld.94
11/29/94
30
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approve the Chamber of Commerce's total package but felt some suggestions merited
further consideration and the gathering of additional information. Commissioner Thomas
said he was bothered by the $3-million the County is already getting out of the City and
noted the City does not get its fair share of its investment. Mayor Garvey suggested a
need to know the planned level of the Chamber of Commerce's investment in this
recommendation.
The City Manager referred to the Chamber of Commerce's reference to the Jazz
Holiday. The Mayor said she was not sure what the Chamber of Commerce was asking.
The City Manager indicated the Chamber of Commerce had proposed additional
advertising. She noted the Jazz Holiday is already very popular and expressed concerns
regarding a lack of space for additional participants.
Commissioner Thomas suggested another creative event be scheduled for the slow
season. Ms. Deptula said staff will work with the Chamber of Commerce to come up with
a new event.
'"r:>
The City Manager referred to the Chamber of Commerce's request for $25,000 to
complete a feasibility study on the construction of a multifunctional structure on
Clearwater Beach. Commissioner Deegan felt this suggestion was Ujumping the gun. U He
noted one of the topics planned for discussion is the redevelopment of the beach and this
suggestion should be discussed at that time. Ms. Deptula said staff will work with the
Chamber of Commerce to redefine their request.
':,0
Commissioner Berfie1d referred to the Chamber of Commerce's reference to an I~
MAX theater and noted I-MAX previously turned down the City's request for this
attraction.
.'
. .
Mr. Pollick said this is the first he has seen the Chamber of Commerce's proposal.
He agreed some of the ideas are interesting. He noted many groups on the task force he
earlier referred to are not represented by the Chamber of Commerce and questioned if
helping the Chamber of Commerce would set a precedent for helping other business owner
groups'- He said the task force will be able to provide the City Commission with specific
ideas from a broad base of participants. He said one thing he had been hearing was a
desire to reach consensus. Mr. Pollick said one beach association originally did not want
to be part of the task force because they felt their ideas would not count. They later
joined the task force. He noted some business groups want to "put their money where
their mouths are. n He indicated the task force will make recommendations to the City
Commission within 30 days. .
, Commissioner Berfield questioned what task force Mr. Pollick is referring to. Mr.
Pollick said he was referring to the group that met last time regarding beach issues. Mayor
Garvey pointed out the task force was self-appointed. Commissioner Deegan said it was
wrong to give the impression that the City Manager, representing the City, operated on an
equal footing with members of the committee. He noted Ms. Deptula attended the meeting
as a courtesy. He said the Commission is as willing to listen to this group as to others.
Commissioner Berfield said she had not recalled the Commission appointing a task force.
Mr. Pollick said the task force is comprised of beach business and association groups.
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minCClld.94
31
11/29/94
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The Commission recessed from 5:06 until 6: 19 p.m.
ITEM #22 - Beautlfi~atlon Committee - 3 aopointments (CLK)
Commissioner Fitzgerald moved to reappoint William Baldwin and Candace Gardner.
The motion was duly seconded and'carried unanimously.
Commissioner Fitzgerald moved to continue the third appointment. The motion was
duly seconded and carried unanimously.
ITEM #23 - Municiosl Code Enforcement Board - 1 aooointment (CLK)
Commissioner Berfield moved to appoint Helen Kerwin. The motion was duly
seconded and carried unanimously.
ITEM #24 - Charter Amendments
Commissioner, Fitzgerald referred to a memorandum he had received the previous
evening from Commissioner Thomas regarding suggested changes to the Charter. He said
if the Commission proposes to rehash the Charter, he asked the discussion be delayed 30
days under Commission rules. Commissioner Deegan said he did not think the Commission
would rehash the whole Charter. 'Commissioner Fitzgerald noted, by rule, any
Commissioner can ask for a delay of any item for 30 days without cause.
Discussion on the Charter was continued for 30 days.
ITEM #26 * Other Pending Matter~
aJ Sumr:ner Youth Request for Proposal
Deputy City Manager Rice said a cover letter will accompany the Request for
. Proposal (RFP) and the City will clearly demonstrate that 90% of.the targeted youth are to
come from the identified geographic Brea and 10% will be City-wide jobs.
" Ms. Rice referred to page 4, section 5, and-noted the word "not" should have been
" ,crossed out to read, "both parties must decide to extend this contract."
. , . .
"MayorGarvey referred to page 3 and questioned why only 16-year old drop outs are
being addressed. Ms. Rice said the program Is for all youth who are 17 to 23. Sixteen
year old drop outs will also be targeted. Commissioner Deegan recommended adding the
. word "ahy"to read " . . . will consist of high school drop outs who are 1 6 years of age
,and any,youth who,are 17 -23 . . . "
, Co'mmissioner Thomas felt the program is too socialistic. He expressed concern
, with committing taxpayer money to "make worklt for people. He felt this was welfare
'legislation and will not accomplish established goals. Commissioner Deegan said, from
, experience to date, some previous participants are now employed that may not have been.
: 'minCClld.94
32
11/29/94
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He compared this to a work fare program that helps people help themselves.
Commissioner Thomas questioned if that is the City's job. Commissioner Deegan believed
it is. He said this is another way the City spends money to upgrade the community.
Ms. Rice said this is a diversion program that also helps some area businesses.
Commissioner Thomas suggested spending the $150,000 to create City jobs.
Commissioner Deegan said that is what the City did not want to do. He said the program's
goal is to teach the participants to be employable in the private sector.
Commissioner Fitzgerald moved to approve the Summer Youth RFP. The motion
was duly seconded. Commissioners Berfield, Fitzgerald, Deegan and Mayor Garvey voted
"Aye"; Commissioner Thomas voted "Nay." Motion carried.
b) PST A Resolution
This resolution was crafted to address Commission concerns regarding the City of
St. Petersburg's proposed local bill to add an additional member of its City Commission to
the Board of the Pinellas Suncoast Transit Authority (PSTA).
Commissioner Thomas questioned why the resolution says "wiIJ not support" versus
"oppose." He said the City opposes St. Petersburg's bill and recommended the
Commission state that. Commissioner Fitzgerald agreed that the resolution need not be
candy coated. Commis'sioner Deegan agreed with the title's positive statement but
recommended the body, following the second uwhereBs," indicate the Commission's
opposition.
The City Attorney presented Resolution #94-110 as revised and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #94~ 110 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Thomas.
"Nays": Garvey.
Motion carried.
'c) Discussion re transmission services for City vehicles
The City Manager reminded the Commission that Mr. Transmission had protested
the recommended bid awards. It was determined at that time to review the services to see
If. it was .more feasible to do this service in.house. She reported staff has found it is not
, cost~effective to do this in~house and there are other vendors who were not aware of the
pr8viousbidding process. She recommended the contract be rebid. Commissioner Thomas
, , questioned if it would be rebid in two components. Genetral Services Director Bill Baird
"said staff would prefer to bid it on two separate contracts. Ms. Deptula said if the
Commission adopts the ordinance increasing the City Manager's purchasing authority,
there is _ 8 good chance they will not review the item again because it will be below the
$25,000 threshold.
minCC11d.94
33
11/29/94
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Commissioner Thomas questioned if the RFP would be changed before it went out
again. Mr. Baird said some of the language will be changed, however, the basic
Information to identify the bidders' qualifications and the types of technicians, etc., they
have, will remain unchanged. Commissioner Thomas questioned if the City will have any
liability for issuing a new bid. The City Attorney said the City is rejecting all bids and
starting over and in the bid, the City says it can do that.
Consensus was to rebid.
d) Request from Familv Resources, Inc. to change use of grant funds
The City Commission awarded Family Resources, Inc. a General Fund Social
Services grant of $5,000 to be used for general construction costs to add three counseling
offices to the existing shelter. As Family Resources was unable to secure funding for the
anticipated renovations, they requested to change the use of the funds as follows: $1,000
for bedroom furniture; $500 for a dryer; $500 for recreation equipment; $400 for bedroom
& living room lighting; $400 for a security system; $200 to repair closet doors; $1,600 for
a computer; and $400 for a printer.
Mayor Garvey questioned if any funds would be available for Community Pride.
The City Manager said Family Resources plans to use the same funds for a different use.
, Commissioner Thomas questioned if $5,000 was granted for counseling offices, did
Family, Resources get the qounseling offices or decide they did not need them.
Commissioner Deegan noted their letter indicated this list of needs has a higher priority
because they were unable to secure anticipated funds for renovations.
Commissioner Thomas moved to approve the request from Family Resources, Inc. to
change the use of their grant funds. The motion was duly seconded and carried .
, unanimously.
, ,
e) Ratify/Confirm purchase requisition to S 8& E Contractors, Clearwater, FL, for emergency
~epair of City's sanitary sewer main break at the intersection of Old Coachman Rd. 8&
Sunset Point Rd., for $30,900 (EN)
On October 29, .1994, Pinellas County's Construction Inspector for their Sunset
" Point widening project notified Engineering that a depression had formed in the pavement
on the north side of Sunset Point Road in the southbound left turn lane of Old Coachman
Road over a City-owned sanitary Interceptor sewer. Public Works determined the
interceptor, sewer had collapsed and installed a bypass pumping system to reestablish flow
through the system. The center Jane of Old Coachman Road was barricaded to direct
traffic away from the pavement settlement. Staff believed the remainder of the roadway
, was in jeopardy of failure; Repairs had to be done immediately because of the depth and
location of the sewer break and its close proximity to a 30~inch Pinellas County water
main. City crews were unable to perform the work.
minCClld.94
11/29/94
34
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Sunset Point Road for Pinellas County between Keene Road and US 1 9N. S&E had all
necessary equipment, labor and materials on site and was willing to perform the repair
Immediately. Engineering and Public Works determined S&E's bid of $30,900 to be fair
and reasonable. When Pinellas County approved the scope of work within their right~of-
way, management gave verbal approval to commence repairs on November 2. Work was
completed on November 4, 1 994.
Commissioner Berfield questioned what caused the collapse. Mr. Baker said staff
does not know. He indicated the sewer line deteriorated and leaked, the surrounding
ground washed away and caused the site to settle.
Commissioner Thomas moved to ratify and confirm the purchase requisition to S &
E Contractors, Clearwater, for emergency repair of City's sanitary sewer main break at the
intersection of Old Coachman Road and Sunset Point Road for $30,900. The motion was
duly seconded.
Commissioner Deegan questioned if the repair was funded by a CIP or operating
fund. The City Manager indicated a CIP. Commissioner Deegan questioned if this repair
will delay other projects. The City Manager indicated it would not.
Upon the vote being take, the motion carried unanimously.
. 1) Contract for maintenance of Gaylord Galaxy automated library system to Gaylord
. Systems, Syracuse, NY, for the period 01/01/95 -12/31/95, for $33,237 (LIB)
The City utilizes the Gaylord System to provide on-line circulation control and public
access reference to library patrons. The contract includes hardware and software
maintenance.
Purchasing a combined software and hardware maintenance contract from the
vendor is morc cost efficient and provides better control over trouble-shooting and
diagnostic procedures. Only Gaylord provides maintenance for its software system.
Combining the hardware and software maintenance provides 24~hour, dial~in support,
seven days a week and on-site maintenence or replacement hardware for no "down" time.
No ather vendor provides this tevel of service for the hardware.
Commissioner Barfield questioned if the City was aware this was a sole source
, system when it selected Gaylord. Ms. Rice said the City was aware of that when the
vendor was chosen by an RFP.
, ' Commissioner Fitzgerald ,moved to approve the contract for maintenance of the
'Gaytord'Galaxy automated tibrary system to Gaylord Systems, Syracuse, NY, for the period
, 01101/95 -12/31/95, for $33,237. The motion was duly seconded and carried
, 'unanimously.
" g) Purchase of 16 Ford Crown Victoria vehicles
minCClld.94
11/29/94
35
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Bids were solicited and received for the purchase of 19 police package vehicles: 16
replacement vehicles and 3 additional vehicles for the Clearwater Gas Services
Department. This item involves the purchase of the replacement vehicles.
The Florida Sheriffs Association/Don Reid Ford submitted the lowest bid for
$17,667 each plus an administrative fee not to exceed $50 per vehicle.
.
All replacement vehicles were scheduled for replacement and approved by the City
Commission in the 1994/95 budget.
Commissioner Deegan moved to award a contract to the Florida Sheriff's
AssociationlDon Reid Ford, Maitland, FL, for the purchase of 16 1995 Ford Crown Victoria
vehicles, at a cost of $282,672 or $17,667/each, and award an administrative fee not to
exceed $800 or $50/vehicle to the Florida Sheriff's Association, for a total cost of
$283,472, financing to be provided under the City's lease~purchase agreement with
Barnett Bank. The motion was duly seconded and carried unanimously.
h) Purchase of 3 Ford Crown VIctoria vehicles
Bids were solicited and received for the purchase of 19 police package vehicles: 1 6
replacement vehicles and 3 additional vehicles for the Clearwater Gas Services
Department. This item involves the purchase of the additional vehicles.
The Florida Sheriffs Association/Don Reid Ford submitted the lowest bid for
$17,667each plus an administrative fee not to exceed $50 per vehicle.
Commissioner Deegan questioned why the' Gas Company needs pursuit vehicles.
Mr'. Baird said the Gas Company needs larger vehicles. He noted a Crown Victoria with a
police package is less expensive than a regutar Crown Victoria. The City Manager said
these vehicles will be part of the replacement program which has police package vehicles
assigned to administrative functions in order to have them available should they be needed
in the Police Department. If they are not purchased during this initial production, they will
not be available later.
. Commissioner Deegan questioned if the Gas Company could get a cheaper vehicle
to replace this vehicle if the Police Department needs it, why not get that cheaper vehicle
now ~ The City Manager said the problem would be what to give the Police Department if
there is a need to replace a police vehicle. .
Commissioner Berfield questioned if these vehicle will be used for the Pinellas
County market. The City Manager indicated that was true. Commissioner Berfield
questioned if all Police vehicles, including those used by the administration, are equipped
with police packages. Mr. Baird said they arel excluding vehicles used for vice and
narcotics~ Commissioner Barfield suggested purchasing backup vehicles for officers in the
narcotics' division to use later for replacements. The City Manager recommended against
requiring undercover officers to drive cars that resemble Pot ice Department vehictes.
minCClld.94
36
11129/94
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Commissioner Thomas noted one of the problems with police vehicles is that those
assigned to administration are not driven in the same manner as patrol cars. He said Police
Officers hate driving those types of cars. Mr. Baird agreed that can be a problem.
Mr. Baird questioned the number of back up police package vehicles. Mr. Baird said
he did not know how much would be saved by purchasing Corsicas instead. He said last
year the Crown Victoria's price was within $100. He said the Crown Victorias will last
longer. He said they cannot be beat for maintenance.
Commissioner Thomas moved to award a contract to the Florida Sheriff's
Association/Don Reid Ford, Maitland, FL, for the purchase of three 1995 Ford Crown
Victoria vehicles, at a cost of $53,001 or $17,667/each, and award an administrative fee
not to exceed $150 or $50/vehicle to the Florida Sheriff's Association, for a total cost of
$52,151, financing to be provided under the City's lease-purchase agreement with Barnett
Bank. The motion was duly seconded. Commissioners Fitzgerald and Thomas and Mayor
Garvey voted "Aye"; Commissioners Barfield and Deegan voted "Nay." Motion carried.
U Entertainment complex/East End
A letter of intent outlining an entertainment complex has been submitted to the
Community Redevelopment Agency (CRA) from Kimberly Enterprises, Inc. The project
would include, but not be limited to, a hotel, the National Comedy Hall of Fame, AMC
Theaters, family entertainmentJ restaurants, 'night clubs and limited retail.
eRA Executive Director Peter Gona noted the City has been trying to develop the
East End, a speculative site, for quite some time. Problems resulted from parking
regulations and a' shortage of land. A plan has resulted to create an entertainment plaza on
this site.
Mr. Gozza introduced Kimberly Denise of Kimberly Enterprises. Ms. Denise is a real
estate broker from Atlanta who approached the CRA and indicated she could pull together
the components needed for an entertainment plaza. Mr. Gozza also introduced Tony
Belmont from the National Comedy Hall of Fame. Mr. Gozza said Ms. Denise and Mr.
Belmont are requesting a Jetter of intent which states the City will work exclusively with
them for four months. He said the City included two milestones in the contract: 1) within
76 days, 40% of the space will be leased, and 2) within 150 days the feasibility study will
be completed to see if an entertainment plaza will work. Mr. Gozza indicated Hilton Hotels
has provided a letter of intent and AMC theaters has expressed interest. He indicated the
City's only risk with this agreement is time.
Kimberly Denise said the concept of an entertainment center would provide an
alternative to the beach for tourists and a major attraction for citizens. The site would
include a hotel, amusements, and attractions to create a family entertainment center that
would attract all ages, from the very young to senior citizens. Also included would be an
18-theater complex, live shows, dance clubs, arcade game area, a children's play room,
resta'urants and the Comedy Hall of Fame. She said she had been told and her study
shows these are the things Clearwater is looking for. She requested time for a feasibility
study and due diligence.
minCClld.94
37
11/29/94
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I} Tony Belmont said the National Comedy Hall of Fame is a non~profit organization.
......... Brochures were distributed to the City Commission. Each of the museum's two floors will
have 18,500 square feet. Mr. Belmont !ttoured" the museum's highlights. Proceeds will be
donated to charities. The museum will be designed to be sensitive to the needs of visitors
with disabilities. The theater will exhibit a film regarding the history of comedy and be
available for some community outreach programs.
Bill Shulte from the Clearwater Chamber of Commerce announced the Chamber
executive board met November 28, 1994 and voted to support the City of Clearwater
executing a letter of intent to enable the organizations involved to conduct a feasibility
study for the project.
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Commissioner Thomas noted the Commission is being asked to approve an intent to
accomplish something in a specified period of time. He questioned what would happen if
the Commission approves this issue and Kimberly Enterprises does not accomplish what it
wishes but the Comedy Hall of Fame is ready to proceed. Peter Gozza said he has
discussed this with David Cardwell, the attorney hired by the City. He said the Com~dy
Hall of Fame's feasibility study is complete and their funding is here. Mr. Gozza said if the
Commission approves this agreement, he and Mr. Cardwell will begin working immediately
with the Comedy Hall of Fame to put together the development agreement making certain
the project is coordinated with the entire 15 acre project. Kimberly Denise indicated she
agreed with that concept.
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Commissioner Fitzgerald felt the Comedy Hall of Fame is a great idea. He noted a
large Laurel and Hardy fan club is located in the City. He stated the club sponsored an
international conference of fans several years ago. Mr. Belmont said they plan to set up a
temporary office on Cleveland Street. He said their feasibility studies indicate within three
to, four years, the Comedy Hall of Fame will attract 350,000 to 420,000 tourists a year to
the area.
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Mayor Garvey referred to the Comedy Hall of Fame's search for office space and
questioned what is happening with the former Dr. Brown building. Ms. Deptula said the
building is empty but was not sure of its condition. Mr. Belmont said he had left the se~rch
in'Mr. Gozza's hands.
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Commissioner Berfield questioned if plans are for the Comedy Hall of Fame to
proceed. Mr. Belmont said they can proceed but fully endorse Kimberly Denise's concept.
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, Commissioner Fitzgerald questioned how much of the 1 5 acre parcel would be
dedicated to Ms. Denise's project. Ms. Denise said the entire 15 acres. Commissioner
Fitzgerald questioned if the parking would be underground. Ms. Denise said that wa~ the
original plan but it was redesigned due to costs.
. David Cardwell, representing the City as Special Counsel, referred to changes in the
November 18, 1 994, letter of intent from Ms. Denise. Changes include a deletion of the
phrase, !twill serve as our written Option Agreement to you ("City!t)." As this is not
intended to be an option agreement, that language was inaccurate. In Section 1, changes
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were made to what will occur in the event the developer does not proceed with the project.
One change adds language, I1The parties will mutually agree as to the consultants or any
other persons who will do the feasibility study." Mr. Cardwell said the City will have to
agree with the developer as to who will be conducting the study. The other requested
change strikes the previous language on what would happen if the project did not proceed
and adding, if the feasibility study concludes the project is economically feasible and the
City does not use the Developer to develop the project, the City will purchase the study
from the developer in an amount equal to the out-of~pocket expenses incurred by the
Developer.
Commissioner Deegan was against a change obligating the City to purchase the
feasibility study. Ms. Denise said she requested including this language to protect Kimberly
Enterprises should the feasibility study come out positive and the City change its mind
about working with her company. Commissioner Deegan expressed concerns that the City
has not reached agreements with Kimberly Enterprises up to this point. He said the City
does not have any quantitative numbers yet and 'suggested an agreement could not be
guaranteed just because the study is positive.
Commissioner Thomas noted Kimberly Enterprises wants to develop a piece of
property owned by the City and the City wants it developed. He said this agreement is not
finite and would only work if the City gives away its land. The City will not give away its
land. He suggested Kimberly Enterprise should have some risk on their side. Ms. Denise
said If the feasibility study is negative, she agrees her company would have lost everything
to that point. She expressed concerns about it coming out positive and the City blocking
her organization's wish to proceed with the development. Commissioner Deegan said it
was not possible to bring forward finite details regarding this development at this time. He
expressed concerns regarding keeping the City off the hook for the cost of the feasibility
study. Ms. Denise said she wanted to be insured that if the study comes out positive and
the City wants to go ahead with the project, that she not be cut out of the development.
Commissioner Deegan noted the way the agreement was originally written indicated if the
City wanted to use Ms. Denise's numbers, they could purchase them. Ms. Denise said she
would accept the paragraph as it was originally written.
Mr. Cardwell said that would be changed to the original November 18 language.
Mr. Cardwell referred to Section 2 and noted changes would permit more flexibility
regarding tenants. A change was made to the total space leased within 45 days to 38 %
, from 40%.
Commissioner Deegan said on the face of it, the ability to purchase space looks
okay. He' questioned if that would complicate matters faT the City. Mr. Cardwell said the
City will deal with one party. Commissioner Deegan said if the City leases the 15-acres to
Ms. Denise, she would be unable to sell part of it. Mr. Cardwell said she could sell the
space like a condominium. Mr. Gozza noted the Comedy Halt of Fame will be located on
the 1 5-acre development.
miriCClld.94
11/29/94
39
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Commissioner Fitzgerald did not want to' find the City in a position where an acre in
the middle of the parcel has been sold to someone else. Mr. Cardwell said it was too early
to address what the development will look like. He said the City will not find itself dealing
with 15 people when they thought they would be dealing with one. Mr. Cardwell
suggested hypothetically, Kimberly Enterprises could attract a company with a policy that
requires them to own their building's footprint. He said this situation will be addressed in
the development agreement. The City will be protected by knowing the building will be
developed as part of the overall project.
Commissioner Thomas said he did not want this agreement to break the parcel
apart.
Commissioner Deegan questioned what percentage of the 15 acres will be dedicated
to the Comedy Hall of Fame. Mr. Belmont said the Comedy Hall of Fame will use 2 acres.
Mr. Gozza said one cannot look at it as a simple two acres because it includes parking and
landscaping., Commissioner Deegan questioned if this development provides Ms. Denise a
head start with leasing 38 % of the development. Mr. Gozza said the Comedy Hall of Fame
is not included in the 38%.
Mr. Cardwell noted a reference to the Comedy Hall of Fame proceeding needs to be
included in Ms. Denise's letter of intent. He referred to Section 5(b), and noted "Purchase
Price" has been changed to "Value of the Property." The contract states a mutually agreed
upon appraiser will determine the property's value.
. Mr. Cardwell referred to Section 5(c) "closing" and stated this section is a little
vague and recommended this detail needs to be worked out to determine how this package
will come together.
Mr. Cardwell referred to Section 6 and noted the addition of sewer, water, fire
protection and impact fees to the infrastructure the City will be responsible for participating
in providing. Commissioner Deegan noted this is subject to future negotiations. Mr. Gozza
said developers had been advised that the City expects a return on its investment.
Commissioner Thomas questioned if Kimberly Enterprises expects the City to
construct a parking garage to support this entertainment center. Ms. Denise said she
understood the City's need for a parking facility but said Kimberly Enterprises is not asking
the City to build the'm a parking garage. She said if the development goes ahead, the
City's rote needs to be determined.
Commissioner Fitzgerald referred to the book Kimberly Enterprises provided the
Commission, he noted the significant money budgeted for site utilities, sewer, landscaping
etc. expenses. Ms. Denise said the construction figures came from McDevitt, Street,
, Bogus, ,etc., an international construction company. Commissioner Fitzgerald noted the
cost column indicates the figures do not Include soft costs such as land, marketing, etc.
He referred to page 3 and questioned if the figures for landscaping, site amenities, lighting
features, etc., would be, IICity costs. It Ms. Denise said not necessarily. Mr. Gozza said it
'was too premature to discuss those conceptual numbers. He said all of this will be
included in the development agreement~
minCCl1d.94
11/29/94
40
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Commissioner Thomas referred to Section 6, Infrastructure, and noted the language
states the City uwill" be responsible. He requested the word be changed to "may."
Cornmissioner Deegan noted that point still needs to be negotiated.
Commissioner Fitzgerald questioned if the language in Section 6 would put the City
at risk. The City Attorney said according to the intent of the parties, it does not mean the
City will provide it but will have some part in it. Mr. Cardwell said this language is
common in these types of agreement and allows the City to participate in the development
and pay for extras it may want. He said all of these concerns will be addressed during
negotiation.
Commissioner Thomas expressed concerns regarding the City's requirement for a
minimum number of parking spaces and recommended that be included in the contract.
Commissioner Berfield referred to Section 7 and noted Kimberly Enterprise is
protected and questioned where the City is protected that Ms. Denise will not negotiate
with anyone else for any other area property other than City property during the length of
the agreement. Mr. Cardwell said he understood Commissioner Berfield's concerns but
stated he had never seen that limitation in any other development agreement.
Commissioner Thomas questioned how to be certain Kimberly Enterprises would stay
focused on this project. Ms. Denise stated the feasibility study would be only for the East
, End property. She indicated she had never seen a contract where a land owner got an
. agreement from a developer not to look at other properties. Commissioner Berfield
suggested now that the project is public, everybody in Pinellas County will be after Ms.
Denise. '
Commissioner Deegan referred to a mutual trust where both the Commission and
Kimberly Enterprises anticipate they will work through this agreement. Commissioner
Thomas said he did not think the Comedy Hall of Fame and Kimberly Enterprises would be
. here if they did not think this was their preferred site.
, Commissioner Deegan moved to approve the letter of intent with Kimberly
Enterprises,as amended that 38% of the space would be leased within 45 days and to
, direct staff to work with Kimberly Enterprises, Inc. and the National Comedy Hall of Fame
to produce an acceptable development agreement. The motion was duly seconded and
carried unanimously.' '
Mr. Cardwell referred to the Comedy Hall of Fame and questioned how the
Commission wished to document their intent.
Consensus was for the City to prepare a response to the Comedy Hall of Fame's
letter of intent.
CITY ATTORNEY REPORTS
ITEM #26 ~ Other Citv Attorney Items
minCClld.94
11/29/94
41
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ITEM #27 - City Manager Verbal ReDorts
Holiday on the Islands
The City Mallager referred to a letter from Shirley Moran asking the City to waive
the liability insurance requirement for the Holiday on the Islands program. Ms. Moran
thought she had sent the request to the City in September but staff was unable to locate
it.
Commissioner Thomas moved to waive the liability insurance requirement for the
Holiday on the Islands program. The motion was duly seconded. Commissioners Barfield,
Fitzgerald, Deegan and Thomas voted nAye;" Mayor Garvey voted "Nay." Motion carried.
Proposal for lighting on Mandalay Avenue
The City Manager referred to memorandum regarding the Holiday on the Islands
request to instaUlights on the palm trees along Mandalay Avenue. Ms. Moran is soliciting
donations from businesses to pay for the installation and maintenance of the lights. The
City. Manager reported the City has not given permission for the lights to be installed. She
expressed concerns regarding the request to put two-square foot signs on each tree
indicating the names of the contributing businesses. Mayor Garvey questioned if the lights
will be permanent. The City Manager indicated that had been requested.
Consensus was to bring this issue back on Thursday, December 1, 1994.
DCA Grant Application for DelOra
The City Manager indicated staff has prepared a $125,000 grant application to go
to, Florida's Department of Community Affairs (DCA) that would require a City match for
. the environmental work on the Del Oro storm water plan. She said the City could use the
. . money already dedicated to the project for the match.
Commissioner Thomas moved to approve the grant application to DCA for
environmental work on the Del Oro storm water plan. The motion was duly seconded and
carried unanimously.
'Strategic Planning
The City Manager requested the Commissioners bring their calendars to the next
City Commission meeting to schedule additional strategic planning meeting dates.
ITEM #28 - Commission Discussion'ltems
a) City Letterhead ~ Use by Advisory Boards
A question was posed regarding the protocol of Advisory Board members using City
, '" letterhead. Since no written City policy on this subject exists, the City Manager
minCC11d.94
11/29/94
42
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n recommended the following policy: 1) City letterhead may be used when an Advisory
" ",'J Board, an Advisory Board Chair or Acting Chair writes on behalf of the entire Board; 2) City
letterhead will D.21 be used when correspondence is written by an individual Board member
to express individual concerns; 3) City letterhead will D.21 be used when an individual Board
member writes to other governmental agencies, citizens, companies, or Clearwater
employees concerning personal opinions; and 4) City staff will be available to type letters
for an Advisory Board Chair or Acting Chair only when it relates to actions or opinions
approved by the Board, not individual opinions. This policy is to provide consistency within
all Ci,ty departments and clarification to all Advisory Boards.
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Mayor Garvey agreed with the proposed language.
Commissioner Thomas disagreed. He recommended each board should have its own
stationery produced by computer. Mayor Garvey said the point was that letters need to be
sent on behalf of the board, not individual members. Commissioner Thomas felt each
board should have its own advisory board stationery.
Mayor Garvey questioned what was wrong with advisory boards using regular City
letterhead. Commissioner Thomas said the stationery indicates the letter is being sent from
the City, not an advisory board. Co~missioner Deegan questioned how often advisory
boards use stationery. The City Manager said not that often and stationery does not cost
very much. She said the concern was with individual board members sending letters that
appear to represent the City or the whole board but do not. She said there would not be a
problem getting letterhead for the advisory boards.
Commissioner Thomas recommended stationery be created by computer.
Mayor Garvey said the key factor is establishing a policy. Commissioner Deegan
. suggested changing "City letterheadto to toAppropriate Board letterhead" throughout the
policy.
Commissioner Deegan moved to approve the policy regarding the protocol of
Advisory Board members using official letterhead, as amended. The motion was duly
seconded and carried unanimously.
b) Request for Proposal - Tower Development, Clearwater Beach
The Request for Proposal (RFP) specifically informs developers that proposals
including the City as a financial participant, requiring the entrepreneurial use or control of
adjacent property, or including business activity at the tower's base, will not be favorably
received. In their original responses, developers expressed interest in use and control of
, property surrounding the tower site. If the Commission will not entertain proposals
inv,olving auxiliary activities or adjacent property, it is appropriate to say so in the RFP so
developers do not develop proposals based on a premise the City does not intend to
,incorporate.
'minCC11d.94
11129/94
43
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Mr. Baker said staff prepared the RFP for the two parties who responded to the
City's advertisement for a Request for Oualifications (RFO). The RFP includes further
definition and restrictions regarding what the City Commission wants for the site. He
questioned if the RFP reflects the Commission's direction.
Mr. Baker reported the City received two responses to its RFO. A late response
was received from Landmark Towers in Texas. He noted because this was not a bid and
there was nothing Landmark Towers could gain by being late, staff thought it appropriate
to permit Landmark Towers to participate in the RFP and increase competition. He said
management could find no reason to not allow Landmark Towers to participate. The City
Attorney said based on what Mr. Baker has told her regarding the RFO, there was no
reason to preclude the City from accepting a bid from Landmark Towers.
Consensus was to welcome the competition.
Henry J. McGinnis of Ft. Worth, TX said Clearwater is a progressive City. He said
he has an enterprise group that consists of six companies. He reported his company is
installing recreational structures in Las Vegas and several cities in Florida.
Mr. McGinnis suggested the City could use "per inquiry" advertising for tourism
where broadcasters charge "per inquiry. It He indicated this type of advertising is cost
effective. '
Mr. McGinnis said his company has built many towers. For Clearwater Beach, he
said he envisioned a structure similar to his "jewel towerU design. He said Clearwater has
a lot to be proud of and he would be glad to come here for vacation. He said he
appreciated the opportunity to join the group of bidders and thanked the Commission.
Commissioner Deegan questioned if building a tower on a sandy beach would cause
a problem. Mr. McGinnis said it would not. What was important was knowing the kind of
footings to use.
Commissioner Deegan said he was going to make a recommendation regarding the
tower's height and questioned if there was a reason to not limit the height. Mr. McGinnis
said the only reason for a height restriction is the FAA. He recommended finding a height
that works well and. does not inconvenience a large number of people. He said cost may
'be a factor.' He said his plan for the tower is to work it into the City'communication
system. The tower would permit communication to the whole County.
Mayor Garvey questioned how high airplanes fly that drag streamers over
Clearwater Beach.' Mr. Baker said he did not know and suggested they are limited by the
FAA. Mr. McGinnis said general requirements would require the planes to fly 500 feet
.', above the ground.
Commissioner Fitzgerald referred to the pictures of towers shown by Mr. McGinnis
and noted the City's plan to include a restaurant on the top. He pointed out most of Mr.
McGinnis' pictures were of towers used for communications. Mr. McGinnis said they are
minCC 11 d. 94
44
11/29/94
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n communication towers but a restaurant could be Included as easily. Landmark Towers
._,,- builds all kinds of towers.
Commissioner Thomas noted communications are a key component to making a
tower profitable and noted a revenue stream back to the City should exist. He requested a
comparison between income from communications and from a restaurant. Mr. McGinnis
doubted a restaurant alone could support a tower although broadcast capabilities would
generate a great deal of revenue. He said Landmark Towers builds augmentable towers on
which communication capabilities can be added. Mr. McGinnis said before the City decides
where to locate the tower; it is important to go to the FAA to learn what the FAA will
permit.
Commissioner Thomas questioned the smallest base that could be built to support a
tower. Mr. McGinnis said that depends on the tower's style. The jewel tower covers 0.18
acres. Commissioner Thomas said the base is critical in this project and the smaller it is,
the better. He questioned the smallest base possible for a tower with a restaurant on the
top. Mr. McGinnis said that would depend on their studies. He said'the stability of the
tower is important and the type of occupancy influences the construction.
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Commissioner Deegan said the City should not permit any commercial activity at the
tower's base. Commissioner Fitzgerald noted the tower would need to sell tickets at the
base for visits to the observation floor. Commissioner Deegan agreed that would have to
be permitted and recommend language that would permit that activity. Mayor Garvey
questioned if the Commission wishes to allow vendors below the tower. Commissioner
Deegan recommended that type of activity be restricted to Pier 60.
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Commissioner Deegan said he wanted to limit the tower's height in the RFP. He
,expressed concerns regarding the aesthetics of the tower and how it will fit on Clearwater
Beach. Commissioner Fitzgerald felt the tower should not be restricted to a specific height
as that should be determined in the responders' design of what will fit. Mayor Garvey ,
questioned what height is permitted by the FAA. Commissioner Berfield said that would be
up to the responders to research. Mr. McGinnis said the FAA is prone to approve anything
under 500 feet high. He noted the towerls lighting will also need to be addressed.
Commissioner Deegan questioned if the City should contact the FAA while waiting for the
proposals. Mr. McGinnis recommended the City contact the FAA immediately. He noted
for ~ommunlcations purposes; the higher the tower, the better. Mayor Garvey suggested
the City take the responsibility to contact the FAA to learn what height restrictions might
be applicable to a Clearwater Beach tower. Commissioner Thomas felt it was the bidders'
. responsibility to contact the FAA. Mr. McGinnis said each bidder will have to contact the
FAA to know what problems may exist before a proposal can be drafted.
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Commissioner Thomas said the Commission should not design the tower. He said
the proposal should indicate that no business will be permitted on the ground level and an
open air view corridor to the Gulf is required. He suggested the RFP address a view area, a
restaurant; and entertainment. He requested the RFP include information regarding the
amount of money the City will earn from the tower. Mr. Baker said the RFP indicates staff
will evaluate the bids regarding financial benefits to the City and the lease arrangements
that benefit the City.
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Commissioner Berfield noted the RFP says the tower is to consist of a restaurant
and observation deck and questioned If a reference to communications should be made.
Commissioner Thomas questioned if entertainment and communications will be included in
the RFP. Mr. Baker indicated they would be.
Commissioner Berfield moved to approve the RFP as amended to include a reference
to entertainment and communications on the tower. The motion was duly seconded and
carried unanimously.
Commissioner Thomas moved to continue the meeting past 6:00 p.m. The motion
was duly seconded. Commissioners Berfield, Fitzgerald, Deegan and Thomas voted "Aye;"
Mayor Garvey voted tlNay.1O Motion carried.
ITEM #29 - Other Commission Action
Commissioner Berfield referred to a report from the Clearwater Ferry Service and
noted few passengers use the Drew Street dock. It was indicated they had not requested
stopping service to the Drew Street dock.
Commissioner Berfield requested special notice be given the complimentary letter
regarding the.Police Department. The Mayor indicated she had sent a letter of
congratulations.
,Commissioner Berfield urged staff representation at an important meeting regarding
a Water Management District to be held on December 6, 1994.
Mavor Garvev complimented the City.s recent newspaper advertisement.
Mayor Garvey referred to the City.s plan to recycle telephone books. Commissioner
Fitzgerald noted Tampa is recycling, telephone books. Ms. Rice said a letter was distributed
indicating. why Pinellas County is not recycling them.
Commissioner Fitzgerald expressed concern that a letter from Joe Evich, a Board
appointee, seemed to imply a specific Commissioner was responsible for ,his appointment.
It was indicated a personalized letter had been sent to each Commissioner.
Commissioner Deegan expressed concern regarding delaying the placement of
. Charter a'mendments on the March ballot and a possible need for a special election. He
asked if another Commissioner was willing to call for a special meeting in December to
discuss the items on the Charter. Commissioner Thomas indicated the last date in
. December he Is free is December 14. Commissioner Deegan noted the item has been
continued for 30 days. > Commissioner Deegan questioned how difficult it would be for the
City Attorney to prepare the amendments. The City Attorney said most of the
amendments are small. She suggested her Department can review those items the
Commission has consensus on and prepare those.
minCe 11 d.94 "
46
11129/94
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Commissioner Deegan suggested the City Attorney work on the proposals listed by
Commissioner Thomas in his memorandum that have not been discussed. The City
Attorney said the issues Commissioner Thomas has raised are not simple~
Commissioner Fitzgerald expressed concern at the complexity of the memorandum
he received the previous evening from Commissioner Thomas and how it raises new issues
not previously discussed. He found that objectionable.
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Mayor Garvey suggested the charter amendments could be included on the 1996
ballot. Commissioner Deegan said the Charter Review Committee meets every five years
and the Commission should take care of amendments at that time. Commissioner
Fitzgerald noted the issues raised by Commissioner Thomas were not Charter Review
Committee issues but something'different. Commissioner Deegan felt is was inappropriate
to delay putting something on a ballot for another year or calling a special election if there
.is some way to handle this to meet the deadlines.
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Staff will review a schedule and present it to the Commission.
ITEM' #30 - Adjournment
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The meeting adjourned at 7:09 p.m.
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11/29/94
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