01/03/1995 (2)
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City Commission Minutes
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CITY COMMISSION MEETING
January 3, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Tuesday~'January 3,1995 at 9:00 a.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Barfield
Arthur X. Deegan, "
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Cynthia E. Goudeau
Patricia Sullivan
Mayor/Commissioner .
Vice.Mayor /Commissi oner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
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The Mayor,called the meeting to order, wished all a Happy New Year, welcomed
viewers to the City's new station, C-View 35, and led the Pledge of Allegiance. The
invocation was offered by Assistant City Manager William C. Baker.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
The Commission recessed to meet as the Community Redevelopment Agency and
Pension Trustees at 9:02 and reconvened at 9:32 a.m.
ITEM 1/3 - Service Awards
Joe Lain, Marine Department, was presented the December 1994 Employee of the
Month award.
ITEM 1/4 - Aooroval of Minutes
Commissioner Berfield moved to approve the minutes of the regular meeting of
November 29, 1994. as corrected by the CitY ,Clerk. The motion was duly seconded and
carried unanimously.
ITEM 1/5 - Presentations
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CITY MANAGER REPORTS
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The Government Finance Offtcer's Association of the United States and Canada
Award for Financial Reporting Achievement was presented to Margaret Simmons, Finance
Director.
ITEM 1/6: Citizens to be heard r~ items not on the AQenda - None.
CONSENT AGENDA (Items #7"16) - Approved as Submitted less Item 1/16
ITEM #7 - Lease of property owned by Albert & Linda GUY located at 1000 Vine Avenue.
Jurgen's Addition to Clearwater. Blk. E. part of Lot 10. for a 9 month period, with 2 one-
year term options, to be used for the CRT North Greenwood Neighborhood Office, for
$3,600 (CRn
ITEM #8 - Fire Supplemental Pension Plan Trustees - reappoint Robert Lockwood (FOl
ITEM #9 - Purchase an EMS Rescue Unit from Saulsbury Fire Equipment. Inc., Tully, NY,
for $62,480 (FD)
ITEM #10 - Joint Project AQreement with Pinellas Countv to relocate natural gas mains
durina imorovements to Wvatt Street TarQet Area Phase II-B, at an estimated labor cost of
$127,000 (GAS)
'i:':;'~ ITEM #11 - Purchase of various steel gas materials to: Phillips Engineering Co"
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Clearwater, FL, at an estimated $46,606.46; The Avanti Co., Avon Park, FL, at an
estimated $40,835,22; Allied Corrosion, Marietta, GA, at an estimated $18,108,15; M.T.
Deason Co., Birmingham, AL, at an estimated $16,220.25, for the period 01/04/95-
01/03/96, for a total estimated $121,770.08 (GAS) ,
ITEM #12 - Police Supplemental Pension Plan Trustees - reappoint Rov Mav (PO)
ITEM #13 - Ratif'Y' & Confirm amendment to Joint Proiect Aqreement with Pinellas County
for utilitv installation by roadway contractor for Betty Lane Bridge Replacement at
Stevenson"s Creek, increasing the cost by $46,336.50, bringing the project cost to the
actual bid amount of $407/762.25 (EN)
ITEM #14 - Purchase of professional/computer engineering services for the WPC Division,
from McKim & Creed EnQineers. P.A., Clearwater, Fl, for $48,500 (EN)
ITEM #15 - 10' water main easement - part of Tract A. Replat of Blk 0 of Suburb Beautiful
(Pep Boys) (CA)
ITEM #16 - See PaQe 3.
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OTHER ITEMS ON CITY MANAGER REPORT
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Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less
Item 16 and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #16 - Water facilities' installation & maintenance easement on Island Estates ~ part of
Sec. 5-29-15 in Island Estates of Clearwater (Sun Watch, Inc.) (CA)
Commissioner Thomas questioned if the notary seals on both pages were
appropriate. The City Attorney said the notaries were done by a Canadian firm and the
seals did not copy and are acceptable.
Commissioner Deegan moved to approve the easement for water facilities'
installation & maintenance on Island Estates. The motion was duly seconded and carried
unanimously. '
ITEM 1/17 - (Cont'd from 11/29/94) Charter Amendments
The City Attorney prepared two sets of ordinances. The first set includes five
ordinances covering amendments agreed to by previous Commission consensus in August.
1994.
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The 1 st Ordinance reflects changes to be made to ArtIcle II.
Section 2.01 - Commission; composition; powers
The changed states the candidate receiving the largest number of votes shall be
elected. This does not represent a change in procedure but reflects current practice. Ms.
Akin recommended this be included in Article VIII, the election section. It was agreed to
place it in Article VIII.
Section 2.04 - Compensation and expenses
The change would remove the provision that Commission salary increases must be
approved at least six months prior to an election. The increase will still not take place
before the next election,
Section 2.05 - Mayor~commissioner, functions and powers
The amendments clarify that the Vice-Mayor is to be elected at an evening meeting
and would only act as Mayor-Commissioner during temporary absence or inability of the
Mayor-Commissioner.
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Commissioner Fitzgerald questioned the definition of a "temporary absence." He
expressed concern the Vice.Mayor could be empowered to take over the Mayor's duties
when the Mayor is temporarily attending a meeting in Orlando. Ms. Akin agreed that was
potentially possible. She said "temporary" can be defined as the Commission chooses to
define it. It can be defined as "unreachable" or by "jurisdictional boundaries." The City
Attorney indicated her interpretation means "out of contact" or "unable to act."
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Commissioner Fitzgerald noted actions have been taken in other jurisdictions under
similar circumstances and many problems developed over the term "temporary absence."
Ms. Akin agreed problems have occurred nationwide, even in state government. She
indicated some Charters include a definition.
Mayor Garvey questioned the difference between "absent" and "temporarily
absent." Ms. Akin indicated under the old language a potential for conflict existed
between this language and the Commissioner replacement language. She said "temporary"
is distinguished from "permanent."
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Commissioner Thomas felt this was nit-picking. He noted Clearwater has a City
Manager form of government and the Mayor is largely a ceremonial position. A state of
emergency is the only time the Mayor has any viable duties of power, He suggested if the
Mayor is out of town during an emergency, the Vice.Mayor should be able to step in and
perform the legal responsibilities. He noted meetings currently can be called by the Mayor,
City Manager, or by request of two Commissioners and qu~stioned if this was worthy of
long debate. Commissioner Fitzgerald said he raised the issue based on the experiences of
other communities,
Commissioner Deegan questioned if the Commission had not already voted on rules
that stipulate when the Mayor should notify the Vice-Mayor when the Mayor is out of
town. The Mayor noted "being out of town" does not necessarily mean "absent." The
City Clerk indicated Rule 19 states, "whenever the Mayor-Commissioner will be out of
town on a trip requiring an overnight stay for one or more nights, the Mayor-Commissioner
shall provide notice to the Vice-Mayor. Commissioner Deegan suggested the word
"absent" have the same meaning in each context. Commissioner Thomas agreed a broader
definition can be addressed in the rules rather than in the Charter.
Mayor Garvey said Commissioner Fitzgerald's point was legitimate but felt it was up
to the taxpayers to keep track of any problems with this point.
Commissioner Deegan noted if the word "temporary" is removed then a question
can be raised regarding the point an absence or inability becomes permanent requiring a
new election.
Consensus was to leave in the word "temporary."
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Section 2.07 . Vacancies: forfeiture of office; filling of vacancies; advisory boards
The City Attorney referred to Section 2.07(b)(4) regarding an amendment to
change, by percentages, the number of meetings Commissioners may miss in a 12~month
period. The maximum number of absences previously permitted was six of 24 meetings,
or 25%. Since the number of meetings has increased, Ms. Akin recommended setting a
percentage of 25%. Commissioner Thomas agreed, noting if future Commissions change
the number of meetings, the Charter would not have to be changed again.
Ms. Akin noted staff's recommendation was to change Section 2.07(bH3) from
three consecutive regular meetings to six consecutive regular meetings because of the
greater number of meetings now in effect. This change was not recommended by the
Charter Review'Committee. Consensus was to accept staff's recommendation.
Commissioner Berfield questioned the language in Section 2.07(b)(4). The City
Attorney agreed the word "Ofll should be added.
Commissioner Deegan questioned how an absence is determined to be excused.
Mayor Garvey indicated if members call to advise of their absence, it would be considered
"excused." Commissioner Deegan questioned if notification of a pending absence was a
sufficient excuse. Commissioner Thomas recommended a definition be included in the
rules.
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The City Attorney referred to Section 2.07(c) regarding filling vacancies. The
language change in Section 2.07(c)(1) indicates the Commission should fill the vacancy
within 30 days. Section 2.07(cl(2) provides if the Commission fails to fill it within 60 days
after the vacancy occurs. a special election shall be called to fill the unexpired term. The
third section has awkward language and Ms. Akin indicated staff wlll change it to read
more clearly. Consensus was for the City Attorney to develop the language and return it
to the Commission before a vote.
Commissioner Deegnn requested a definition of "shall" and "should." Ms. Akin said
"shall" is mandatory and IIshould" means to make a best effort. She indicated the change
was intended to provide a fall back position should the action not occur. The Mayor noted
if the vacancy is not filled in time, the governor is given the opportunity to make the
appointment. Ms. Akin noted this language will avoid this situation from becoming a
gubernatorial issue.
Section 2.08 - Procedure
The City Attorney referred to Section 2.08(a) and noted the word "two" was
struck; this will allow any Commission member to call a special meeting. This change is to
avoid a potential Sunshine problem of two Commissioners illegally communicating or using
an intermediary to call a meeting. Mayor Garvey questioned if a Commissioner now cannot
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call the City Manager requesting a session. Ms. Akin noted the Commissioners would be
unable to confirm the special meeting's agenda. The Mayor indicated the change provided
a potential for abuse and questioned it safeguards could be considered.
Commissioner Thomas questioned why a Commissioner would abuse this procedure
more than a Mayor, Mayor Garvey recommended incorporating safeguards regarding the
Mayor's powers to provide some kind of protection from abuse. Commissioner ThomAs
said the change was required because of Sunshine law regulations.
There was no consensus to make any changes to this amendment,
The Mayor referred to language in Section 2.08(c) removing the requirement for a
roll call vote for ordinances and resolutions and instead providing that the vote of the
Commission I'shall be recorded in the journal." The City Attorney stated that language
reflec.ts the technical terms the City uses in the Charter.
Commissioner Deegan noted the Commission does not presently vote for ordinances
and resolutions by true roll call although the vote is referred to as "roll call." The City
Attorney indicated the language used complies with State Jaw, which does not require a
roll call vote.
The City Attorney referred to the next paragraph in Section 2,08 and said the
language was cleaned up to delete specific reference.
( ...:..14, Banot Questions
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The City Attorney referred to the ballot questions in the 1 st Ordinance, The
question regarding Commission Elections will be rewritten to reflect the consensus to place
the language in Article VIII.
The Mayor referred to the question regarding Commissioners' compensation and
expense and questioned its clarity. Commissioner Thomas requested the question specify
that the salary increase will not take effect until after the next election. There was
agreement to make this change.
The City Attorney referred to the ballot question regarding the Vice-Mayor.
Commissioner Thomas noted Vice-Mayor is a "rollingll position and questioned if it was
addressed formally in the rules. The Mayor indicated the position is not automatically
IIrolling." Commissioner Thomas questioned if rules addressing this should be adopted,
Commissioner Deegan stated rules should not be included in the Charter and recommended
discussing the issue at another time. Commissioner Berfield noted problems could occur if
there were three new Commissioners and recommended leaving this to each Commission's
discretion.
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The City Attorney referred to the ballot question regarding vacancies. forfeiture of
office. filling vacancies: advisory boards. and noted it deals with the 25% rule. She noted
the rule regarding six consecutive meetings was not included. It was agreed it should be.
Commissioner Thomas questioned if the word should be referendum or election. The City
Attorney will confirm which word should be used.
The City Attorney referred to the ballot question regarding the procedure for calling
special meetings. Ms. Akin indicted the title woulq be changed to "Procedure for Calling
Special Meetings and Roll Call Vote.'" Commissioner Thomas questioned if the Commission
was deleting roll call votes? The City Attorney indicated they are. Commissioner Thomas . ,I
expressed concern that voters may think the Commission is trying to avoid recorded votes
by deleting roll call votes, The City Attorney said she would add language that indicates
the vote of each Commissioner will be recorded.
The 2nd Ordinance reflects changes to be made to Article IV.
Section 4.02 - City attorney, legal department.
The City Attorney noted the first change would add the word "paralegals" to the list
of positions allowed in the Legal Department. Ms. Akin recommended the list of
employees be deleted, the words "other staff" be added, and "as the Commission may
direct" remain.
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Consensus was to accept the City Attorney's recommendation.
Section 4.03 - City attorney, appointment, removal, qualifications and duties
The City Attorney indicated the added language is consistent with the City
Manager's provision regarding the City Attorney's residency.
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Section 4.05 - Compensation
The City Attorney stated the change indicates the Commission shall provide for the
compensation to be paid to the city attorney and special counsel. Commissioner Deegan
expressed concern that the City Commission should have some control over fixing the
compensation of the special counsel. Ms. Akin agreed that language could be added.
Commissioner Deegan suggested "special counsel" could be mentioned elsewhere as this
section refers to employees. Ms. Akin said Section 4.04 addresses special counsel but
does not refer to compensation, She indicated compensation could be added to that
section.
Commissioner Deegan recommended striking "and special counseL" The phrase "to
be paid by the city attorney" should read "to be paid to the city attorney." Commissioner
Berfield questioned if the changes were originally aimed at compensation for the City
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Consensus was to include the changes discussed above,
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Attorney's staff. The City Clerk stated this change was not recommended by the Charter
Review Committee. Commissioner Berfield questioned how the Charter can provide the
City Attorney with the authority to set Assistant City Attorney salaries.
Commissioner Deegan recommended providing the City Attorney with authority
parallel to the City Manager regarding staff. He recommended adding compensation under
Section 4.03. Section 4.04 addresses staff and Section 4.05 would not be needed.
Commissioner Thomas agreed with Commissioner Deegan. Commissioner Deegan
suggested Section 4.03 read the same as the Section 3.03, which does not mention staff
compensation when referring to the City Manager position.
City Manager Elizabeth Deptula questioned if it is clear the City Attorney
recommends compensation for the Assistant City Attorneys. She suggested including that
language in Section 4.04. Commissioner Thomas noted the Commission does not set staff
salaries for the City Manager's office. Ms. Deptula indicated City Manager staff salaries
are set by the SAMP pay plan previously approved by the City Commission. She
suggested acknowledging a different pay plan in the two departments.
The 3rd Ordinance reflects changes to be made in Articles VI & VII.
Section 6.05 - Petitions
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The City Attorney explained completed referendum petitions will need to be filed
within 90 days rather than 60 days after the effective date of the ordinance sought to be
reconsidered. The City Clerk explained this change will provide petitioners with an extra
30 days.
Section 7.01 - Charter amendments
The City Attorney referred to the change from 120 days to 150 days regarding the
latest an election must be held after certification of a petition. The Mayor questioned why
the election cannot be held for at least 90 days. The City Clerk indicated this allows the
City to meet all required time frames,
The 4th Ordinance reflects changes to be made to Article VIII.
Section 8.06 ~ Candidate vacancy
The City Attorney noted the change refers to the election of a remaining candidate
when a vacancy occurs after the end of a qualifying period when that period cannot be
extended within election guidelines and less than two candidates remain. The City Clerk
reported State law requires the City to address their procedure when a candidate vacancy
occurs. She noted most municipalities have adopted this language.
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Commissioner Deegan expressed concern with the phrase, "and no extensions can
be given within the election guidelines," as it appears in the ballot question.
Consensus was to strike the phrase referring to extensions.
The 5th Ordinance reflects changes to be made to Article IX.
Article IX " Fiscal Management Procedures
The City Attorney noted the change from $1-million to $5-milflon. Commissioner
Fitzgerald questioned the rationale for the change. Commissioner Thomas indicated the
change, based on the inflation curve, is a more practical level with which to deal.
The City Attorney noted Commissioner Thomas had requested the preparation of
some ordinances. Under the eight-hour rule, Ms. Akin prepared three ordinances.
The 1 st Ordinance amends Section 2.01 - Commission; composition powers
The City Attorney noted the change provides that any property bound by the right-
of-ways of Drew, Osceola and Plerce and Clearwater Harbor cannot be sold, leased,
donated or otherwise transferred without finding by the Commission at an advertised
Public Hearing and a referendum, An exception is included for leasing and use of the
Harborview Center.
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Commissioner Thomas said this action would permit the bayfront to be under the
control of the citizens. Mayor Garvey expressed concerns.
Commissioner Fitzgerald spoke against the change because it is too binding. He
noted the current 28-foot rule addresses the lower bluff. Including the total bluff would
cause the City to work at cross purposes with future Downtown development. He said it
was not practical to rule that City Hall will always stand and be useable, He indicated the
language is too restrictlve.
Commissioner Thomas noted the restrictions are on the Commission, not on the
people. He said the bayfront should be beyond the ability of a City Commission to change.
Commissioner Fitzgerald said that is the reason nothing positive will occur Downtown. If
restrictions are too tight, the City will not be able to react to and address situations of
change. He said no one will come forward if they have to wait for a vote at referendum.
Commissioner Fitzgerald expressed concern if the opportunity for a new library occurred,
the City could not react in time and would be stuck with the library in its present location
for perpetuity. He felt current rules are too binding, He said the City will be unable to
capitalize on the area's real potential if outside interests are told the City does not want
any development and will not permit it to occur.
Mayor Garvey said it was inappropriate to exclude the Harborview Center and felt
the Commission should address the total bluff or nothing. Commissioner Thomas said the
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Harborview Center is not being excluded. The Mayor said if the Commission wants to see
things happen and they have the control, it is not necessary to reach decisions via
referendum. Citizens have an opportunity to speak at Commission meetings. She
disagreed with binding future Commissions.
Commissioner Thomas said any future Commission can change the entire bayfront
without this language in the Charter. Mayor Garvey questioned the harm if the City's
development is helped. Commissioner Thomas felt the citizens should be the ones to
approvo that decision.
Commissioner Deegan said if the Commission believes the people would not
approve development on the bayfront, that is a good reason to have this ordinance. He
said the Commission is not deciding the issue but whether to put it on the ballot.
Commissioner Berfield questioned why the Harborview Center is not included.
Commissioner Thomas said the language allows the Commission to lease the Center and
use it as a commercial center.
Mayor Garvey questioned how the Chamber of Commerce building is affected. The
City Attorney said it would not be affected because the building is not under the City's
ownership. Mayor Garvey expressed concern that it would be difficult for developers to
look at the area with these kinds of restrictions. Commissioner Thomas said if the
development is that good, the people will vote for it.
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The majority of the Commission agreed to let the people vote on this issue,
The 2nd Ordinance amends Section 3.02 - Appointment; removal; compensation and
Section 4.03 - City attorney, appointment, removal, qualifications and duties
The City Attorney noted its purpose is to make the language regarding the
conditions for appointment, removal, and compensation for the City Manager and City
Attorney parallel. She noted the options to appoint require three Commissioners at two
separate meetings two weeks apart or tour Commissioners at one meeting,
Mayor Garvey spoke against the proposal. She noted a true professional would
want more than a majority of three votes to be hired. She said removal by three votes at
one meeting was adequate because a professional would know the 3-2 vote would be
repeated two weeks later.
Commissioner Thomas said the ordinance was trying to make the Charter match.
He noted currently, the City Manager can be removed with a 4-1 vote or a 3~2 vote at two
meetings, separated by two weeks. He recommended the same rules address both
executive positions. He said dismissing with a 3~2 vote held twice would allow an
individual to present a case and try to sway a negative vote. He disagreed a professional
would not want to work when the vote for approval is only 3-2 and said that decision
should be left up to the professional.
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Commissioner Fitzgerald agreed with the Mayor and stated he did not feel the
Commission was accomplishing anything with the recommended ordinance.
Commissioner Deegan said he was content with the way the procedure for
appointment is presently worded. He suggested a candidate anxious for work may take a
chance on a 3-2 vote. A minimum 4-1 vote would protect the citizens against the
possibility of hiring officers by the skin of their teeth resulting in turmoil and turnover. A 4-
1 vote builds more stability into the positions.
Commissioner Berfield questioned if the Charter stipulates that both the City
Attorney and City Manager positions are appointed by 4-1 votes. It was indicated that is
so. She supported that position.
The majority agreed the appointments for these positions should require at least a 4-
1 vote and the proposed change would not occur.
Commissioner Deegan noted the proposed change to 4.03 would make the
procedure for removal of the City Attorney parallel to the City Manager. He spoke in favor
of the change.
Consensus was to accept the proposed change to 4.03 that removal of the City
Attorney would occur by a 3-2 vote at two meetings, separated by two weeks, parallel to
procedure regarding the City Manager. The City Attorney will change the proposed
question.
\~~~ The 3rd Ordinance ,amends Section 2.01 - commission; composition powers.
The City Attorney referred to Commissioner Thomas' third proposed ordinance
regarding the requirement that Commissioners participate annually in strategic planning
sessions to develop five-year strategic plans. The Mayor said she did not disagree with the
thought but did not believe the issue belongs in the Charter.
Commissioner Thomas noted the Commission only recently has been doing strategic
planning. He said the proposal would mandate Commissioners fill their roles of leadership
and would prevent a vacuum from occurring. Mayor Garvey disagreed a vacuum exists.
Commissioner Deegan questioned if a requirement that a three-year financial
forecast was included in the Charter. The City Clerk indicated the Commission decided
that was not something that should be in the Charter. Commissioner Deegan said he felt
the same way about the strategic planning process although he advocates the sessions.
He suggested plan'ning is a procedural matter and does not belong in the Charter.
Commissioner Fitzgerald agreed this issue should not be included in the Charter
because it is a procedural matter. He felt strategic planning is great but should not be
mandated in the Charter.
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Commissioner Thomas requested the Commission review the City's history and
noted the Commission did no strategic planning during the past 70 years. Mayor Garvey
questioned how Commissioner Thomas defines "Strategic Planning." She said planning
occurred every year.
Commissioner Berfield questioned if procedures regarding a three-year financial
forecast had been included in the rules. The City Clerk indicated they have not been
included at this time. Mayor Garvey said she did not disagree procedures regarding
strategic planning should be included somewhere, she did not feel it was appropriate to
include that in the Charter. Commissioner Barfield suggested procedures regarding the two
issues be included in the rules, Commissioner Thomas preferred the procedure be locked
in the Charter.
Consensus was that procedures regarding strategic planning and the three-year
financial forecast be written by staff and brought back as a rule.
Section 10.01 . Continuation of former charter provisions
The City Attorney reported a change originally proposed to this section regarding
the non-retroactivity of the term limits does not need to be added because it is not
retroactive and applies only prospective.
Section 4.06 - City auditor
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The City Attorney referred to versions of proposed language dealing with the City
Auditor submitted by Commissioner Thomas and a compromise plan by Commissioner
Deegan. Commissioner Deegan indicated the City Attorney researched the Charter and
located language allowing the type of investigation or research that Commissioner Thomas
had expressed an interest in being able to undertake. The City Attorney said Charter
language and a provision of the Code allow Commissioners to individually investigate and
review issues that concern them.
The Mayor noted the Commission does not have to establish another position to
allow them to do what is already permitted. The City Attorney said Commissioners do not
need an agreement with the City Commission to undertake an investigation. Commissioner
Berfietd noted the 8-hour limit for using City personnel on projects without Commission
approval.
Commissioner Thomas said he was satisfied with his research that indicated the
Commissioners can individually learn about any action taking place in the City without
approval of the whole Commission. He agreed that part of his concern was addressed. He
stated a basic issue is still unsolved and questioned if the Charter should be based on the
current job holder. He noted his original proposal for the office of auditor, being separate
from the City Manager and reporting directly to the Commission, was to audit all functions
of City government with relationship to cost, performance, productivity, waste,
inappropriate cost of materials and labor and inappropriate use of City facilities and land
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and to determine if there has been any abuse of City owned equipment or inefficiencies of
repairs of equipment. He said that typo of department is unnocessary when the City
Manager is truly doing the job. He noted the Commission is a part.time body, and cannot
know the inner workings of the City. For tho past twelve months, Commissioner Thomas
said he has never been more proud of the City Manager, the City's chief executive, than he
has in the many years he has lived here. He said the dopartment is totally unimportant
now but noted the Charter is not designed based on current staff.
Commissioner Fitzgerald pointed out the City Attorney's advice that the
Commission can investigate issues of interest. He telt this recommendation is unwarranted
and would result in unnecessary expense. He said future Commissions can address this
should it ever become necessary.
The majority of the Commission agreed not to include this on the ballot.
Commissioner Thomas questioned how close the language suggested in his original
proposal resembles the Internal Auditor's job description. The City Manager said the
expectations and performance standards include that language. Commissioner Thomas
requested the language in his proposal be incorporated. Commissioner Deegan noted the
Internal Auditor's mission statement in the budget reads almost the same way.
Long Center
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The City Attorney noted the lease with the Long Center requires the City hold a
referendum to extend it before December 1996,
Commissioner Thomas questioned if the referendum on Charter changes in
November 1994, approved the Commission's ability to sign 30 and 60 year leases. The
Mayor noted the signed agreement indicated how the issue had to be addressed.
Commissioner Thomas questioned if a new lease, based on the Charter change, could be
negotiated instead of holding a referendum. The City Attorney said, a new lease could be
negotiated if both parties mutually agree. She pointed out a referendum would permit a
lease of up to 99 years.
The consensus was to see if a lease can be negotiated without the requirement for
a referendum.
The Commission recessed from 11: 15 to 11 :28 a.m.
ITEM 1118 . Beach Town Meetino Follow-Up Discussion - Parkino Meter Foes. Fines &
Times
The City Manager said this item continues the discussion on the follow-up issues
from November's Beach Town meeting. Ms, Deptula noted the parking system was not
established to only raise money. She noted other important issues include control and
turnover needs. There are 1,798 parking spaces on the beach.
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Commissioner Thomas expressed concerns regardIng the times of enforcement and
suggested the times for all meters be consistent. The City Manager said all meters are
enforced from 8:00 a.m. to 6:00 p.m. daily with some exceptions. Tracey Bruch, Parking
Facilities Manager, indicated the adjustments were based on the requests of merchants.
Commissioner Thomas questioned if the City had a record of the requests. Ms. Bruch said
that information would be included in the files. She said the changes were made to
address complaints regarding noise, for example. Commissioner Thomas expressed
concern that one business owner or resident has the right to get the rules changed based
on one complaint.
Commissioner Thomas questioned why parking on one side of a portion of
Mandalay Avenue costs $0.501 hour, when parking on the opposite side of the street costs
$0.75/hour. Ms. Bruch indicated long term meters cost $0.75/hour for beach users while
short term meters, in business and retail areas, cost $0.50/hour. Commissioner Thomas
said this pricing policy is confusing to visitors. He recommended the cost of meters on the
beach should be consistent.
The City Manager noted reasons parking times were customized include an attempt
to address cruising and congregating youths. She noted the City's annualized revenue per
space in FY 1993/94 was $451, Jay Ravins, Controller, said the average revenue in the
study is $558. Ms. Deptula noted the City's fines for overtime parking were the same as
those charged in St. Pete Beach, Treasure Island, and Madeira Beach. St. Petersburg
charges $10 but does not have a beach.
(::,~ The City Manager said revenues from attendant parking lots have increased
significantly. The FY 1993/94 revenues for the Pier 60 lot increased to $436,837 from FY
1988/89's revenue of $245,299. The FY 1993/94 revenues for the North and South
Gulfview lots were $597.523 compared to FY 1991/92's revenue of $387,801.
Commissioner Thomas said one issue raised by opponents of attendant parking
referred to difficulty in exiting the lots. He questioned if that has been a problem. Ms.
Bruch said that has not been a problem because each lot has two exit lanes.
The City Manager reported net revenue from tickets issued on Clearwater Pass
Bridge during FY 1992/93 was $7,323.91. She noted enforcement of the low speed limit
was not to make money for the City but to protect the City's bridge.
The City Manager noted the City issued 34,406 citations in FY 1993/94 and
collected $468,817 in fines. The Crossing guard surcharge of $5 per citation is not
included in that total.
Commissioner Thomas referred to Clearwater Pass Bridge and questioned if the
number of tickets issued has declined since the speed limit was raised. Carole Greiner,
Special Assistant to the City Manager, said those figures are not yet available.
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The City Manager noted if the overtime parking fine was reduced by $5, the City
would lose approximately $135,740 in parking fine revenue. If all parking fines were
reduced by $5, the City would lose approximately $172,030.
Commissioner Thomas noted the City makes more money on attendant parking than
on meters. He questioned if staff had forecast a use for those funds. The City Manager
said those funds are used to balance the parking fund. Commissioner Thomas noted the
costs of decreasing the overtime parking fines have been picked up in the increased
revenues from attendant parking. The City Manager noted attendant parking revenues are
not available for an offset. She indicated the parking fund does little more than break
even. The City Manager said the parking fine increase of $10 includes a $5 surcharge for
school crossing-guards.
The City Manager noted parking fund expenditures for FY 1993/94 include:
$767,648 for Direct Parking expenses that would be eliminated if parking fees were
discontinued; $147,353for bond interest; $60,861 for sweeping services; $203,594for
the Jolley Trolley; $15,330 for Public Works maintenance; $117,870 for Parks &
Recreation landscaping; $25,340 for garage security; $349,830 for beach guards;
$59,355 for general fund administration costs; $150,000 for capital maintenance including
parking structure maintenance and surface resealing; $62,930 for signage, striping, etc.;
and $203,730 for beach cleaning. Based on expenditures currently supported by the
Parking Fund if the parking fees were removed, $1,396, 193,would need to be raised from
other City revenue sources,
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The City Manager noted the City's school Crossing Guard Program services 33
intersections for 1 5 different schools with 33 part-time guards and 4 alternates. The
budget for wages for FY 1994/95is $129,010. A total of $107,788.76was collected
during the first 10 months.
The City Manager referred to the parking fund debt service requirements and noted
the principal of $1,251,083 due on the Garden Avenue Parking Garage and the principal
of $380,000 due from the parking lot constructed for the Performing Arts Center. '
The City Manager referred to the parking fund revenue covenants which prohibit the
City from changing the City's parking or giving away free spaces.
Ms. Bruch referred to the current sign for the 15 oversized vehicle spaces. She
noted the recommendation to add a prohibition slash with an automobile to the sign. She
said the spaces were added when attendant parking was established because oversized
vehicles could not clear the gate equipment. She noted a decal has been affixed to the
parking meter poles indicating the spaces are for oversized vehicles only and the curbs
have been painted teal.
Commissioner Deegan questioned how the City knows if enough or too many
spaces are devoted to this purpose. Ms. Bruch agreed the City has no hard data to
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Ms. Bruch referred to the 12 motorcycle spaces and reported the symbol for a
motorcycle, from the Manual of Uniform Traffic Control Device IMUTCD}, will be added.
Commissioner Thomas recommended adding the word "motorcycle" under the symbol and
add a picture of a recreational vehicle to the signs regarding those spaces. City Engineer
Rich Baier said including language with a symbol would be a departure from the
recommendations of the MUTCD. He said a recent DOT study showed it was not
necessary to add language to symbols.
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determine this. She said the spaces are used regularly and no complaints regarding the
number of spaces have been received. She felt the number \s adequate.
Commissioner Berfield questioned if the color could be confused with the blue used
to Identify handicap spaces. Ms. Bruch said there has not been a problem. She indicated
the color is more teal than what appears in the photographs provided to the City
Commission.
Commissioner Deegan questioned if a moped was considered to be a motorcycle.
He felt the symbol more closely resembled a moped than a motorcycle. Mr. Baier said no
citation would be issued if there was coinage in the meter and either a motorcycle or
moped was parked in the space.
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Commissioner Thomas questioned if the spaces for motorcycles could be made
smaller by striping them on an angle. Mr. Baier said it could be considered. Commissioner
Thomas said that configuration would provide more spaces. Mayor Garvey agreed with
whatever works best.
Consensus was to look at reconfiguring the spaces designated for motorcycle use,
Commissioner Thomas requested signs designating no parking use symbols instead
of words. Ms. Bruch said staff could make those changes. Mr. Baier noted the reflective
materials used make the signs visible at night.
Commissioner Thomas questioned the City's policy for rehabilitating faded signs.
Ms. Bruch noted the color red fades quickly in the sun. She noted signs have a six-year
life span. The sign shop is aware of the problem. Mr. Baier said the inspection program is
behlnd schedule. Commissioner Thomas questioned if an ink that does not fade could be
used. Mr. Baier said staff would look into it. Ms. Deptula lndicated the City needs a better
sign inspection program that picks up problems more quickly.
Ms. Bruch noted a concern regarding the cost of using a meter. She noted each
meter includes a notice with the rates and times of enforcement. Commissioner Thomas
said it is almost impossible to read inside the meter where the cost and 'hours of
enforcement are listed when it is dark. He. recommended affixing this information to the
posts so it can be clearly seen. Ms. Bruch suggested a decal could be affixed to the meter
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Consensus was for staff to review this recommendation.
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with letters bigger than presently used. Commissioner Thomas recommended the decal be
written in black letters against a yellow background and affixed under the knob.
The City Managor referred to concerns regarding the long term parking in the marina
lot. She noted permits for half and full day parking are sold in the Harbormaster's office
and from several marina businesses.
The City Manager referred to the nonrevenue benefit of a parking system included
turnover of parking spaces. She suggested beachgoers would park in free spaces and walk
the extra distance and businesses would not re(jlize any benefit. She noted a change made
by the Police Department to be more tourist friendly includes issuing warning tickets if the
parking enforcement officer is approached while writing a parking ticket. Once the ticket
has been placed on the vehicle, it cannot be removed and voided. She had not yet heard
regarding any benefits.
Commissioner Thomas questioned if staff had considered offering a reduced rate for
overtime parking tickets paid early. Commissioner Berfield noted if the ticket is paid later,
the rate increases. The City Manager noted the $15 rate is a discount.
Commissioner Thomas requested greater continuity regarding parking rates and
enforcement times. He expressed concern that spaces in the attendant lot cost $0.25
more per hour than metered spaces on the street. Commissioner Berfield noted the
;,~ convenience of using the attendant lot does not require one to feed the meter. Ms. Greiner
noted the maximum cost for parking'in the attendant lot is $7/day. Commissioner Thomas
recommended increasing the $0. 75/hour spaces on S Gulfview to $1/hour. Ms. Bruch
noted when attendant parking was established two years ago, metered parking rates on
the street and in the lots was $0.50/hour. The City Manager questioned if there would be
a problem increasing the meters on S Gulfview to $1/hour. The Mayor said it made sense
to keep the price lower to reflect the inconvenience of feeding the meters. Mr. Baier noted
complaints he has received requested lowering the rates to $O,50/hour. Ms. Bruch said
rates in the attendant lot were higher beca'use of the added expense of hiring cashiers.
Commissioner Deegan disagreed with increasing the rates of spaces on S Gulfview to
$1/hour because there is no parking on the east side by retail stores. The Mayor agreed.
Commissioner Thomas noted prices on Mandalay Avenue vary from $0.50/hour to
$0.75/l1our and recommended increasing all rates to $0.75/hour. Ms. Bruch explained the
difference in the rates and time Ii'mits is due to retail businesses located in that area.
Commissioner Thomas said the times and costs should be consistent.
Commissioner Deegan said he did not see anything wrong with leaving the spaces
the way they are. The Mayor suggested beachgoers park in lot 34 and lot 35.
Commissioner Thomas questioned how the City could reach any logical conclusion
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concerning which parked cars belong to beachgoers versus shoppers. Commissioner
Deegan felt the Commission was approaching this to help beach businesses. He said if the
rates are raised on Mandalay to $O.75/hour, the businesses would not be helped.
Commissioner Thomas recommended the rate for parking on Mandalay Avenue be
consistent and suggested a rate of $O.50/hour.
Commissioner Berfield noted spaces on the west side of Mandalay, north of
Baymont, cost $0.50/hour. She agreed the hourly rate for aU parking on Mandalay should
be the same. Commissioner Thomas suggested if the Commission is concerned about
merchants, all spaces should cost $O.50Jhour on both sides of Mandalay in the retail
section. He suggested spaces north of Rockaway should cost $O.75/hour. Commissioner
Deegan said he had no problem with that suggestion as long as the lower rate was
consistently adopted. He noted the Commission is trying to help business and cannot do
that by raising rates.
Commissioner Thomas recommended raising all on.street parking on the beach to
$0.75/hour. Commissioner Deegan recommended leaving the rates the way they are.
Commissioner Fitzgerald and Mayor Garvey agreed.
The majority decided to leave the parking rates the way they are.
Commissioner Deegan referred to the parking fund revenue covenants and language
in the underlined clause does not forbid the City from offering reduced rate parking. The
(,.;t,& City Manager indicated a different bond issue has a provision forbidding free or discounted
''.~'4:'!/ parking service.
Commissioner Deegan noted the School Crossing Guard Program, costing
$129,010, was not fully funded by the $5 surcharge on parking fines, which totaled
$107,788.76. To help reduce the shock someone gets upon receipt of a $15 ticket,
Commissioner Deegan recommended eliminating the $ 5 surcharge and funding the School
Crossing Guard Program from the General Fund. Mayor Garvey said the number of
crossing guards has increased. Mr. Ravins indicated $107,788. 76was collected over a
nine month period because the surcharge became effective during tIle fiscal year.
Commissioner Thomas said parking tickets throughout the City would be affected.
Commissioner Deegan said the City would lose $135,740 if the fine for overtime parking
was reduced by $5. He referred to letters he has received complaining about the high fine.
The Mayor said she favored leaving the fine as it is. Ms. Bruch indicated the fine
for overtime parking in Ft. Myers is $30. Commissioner Thomas pointed out the fines on
\, St. Pete Beach, Treasure Island, and Madeira Beach are all $1 5 and he did not see a need
to change. Commissioner Deegan noted some local cities do not have parking meters or
fines. Commissioner Fitzgerald opposed dropping the surcharge because the general fund
would have to pick up the difference.
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Commissioner Thomas noted the Commission should address parking costs when
they debate next year's budget. He proposed discussing the concept of removing all
charges for parking. He requested staff look at those cities without parking charg!3s and
measure the business success stories of those cities' economies to see if there is truth to
the statement that no charge for parking improves retail business. He questioned if
businesses in those cities complain because tourism is down. He wanted to know if the
issue is true or false.
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Commissioner Thomas recommended consideration of Commissioner Deegan's
recommendation when the next budget is deliberated. Commissioner Berfield said part of
the justification for increasing the fine to $15 was so people would pay attention to
overtime parking. Commissioner Thomas reiterated the time to debate this issue is when
the budget is being discussed. '
John Doran said few of the people who attended the previous Town Meeting
attended today's meeting. He said the Commission should not interpret that to mean the
people do not care. He indicated the City Manager provided a great deal of information
today and recommended the major newspapers print it as a public service. He
acknowledged the loss to the City if the overtime parking surcharge was dropped but
questioned the negative effect on tourism of continuing the surcharge. He said business
people on the beach feel the $5 surcharge drives tourists away.
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Commissioner Deegan agreed it would be nice if the Commission could find out that
information. He questioned how an economic study of a city could be done that focussed
solely on one variable, such as the presence or absence of parking meters, and reach a
conclusion regarding how parking impacted the overall economy of the city. He suggested
such a project would take 10 economists one year to complete. Commissioner Thomas
recommended the study focus on County beach communities and how many do not have
parking charges. Commissioner Deegan noted the con'clusions could not be related to
having or not having parking meters, He agreed that staff could make a couple of phone
calls to question if cities have problems with the presence or absence of meters or if
vacant stores are located near meters. Commissioner Thomas said he was not requesting
a new $50,000 study. He recommended staff communicate with neighboring commlsnities
without parking meters. The City Manager agreed to make phone calls as long as the
Commission does not jump to any conclusions based on data they gather.
The Commission recessed from 1 :00 to 1:47 p.m.
ITEM #19 ~ Approval of Municipal Service & Public Safety Complex BulldinQ Program
The City has executed two major contracts to accomplish the completion of its
Municipal Services Complex project.
The City Commission approved an agreement with Rowe Architects Inc. I Donnell
Consultants Inc. providing for a full range of professional services for a lump sum of $1.5-
million. The contract lump sum includes all architectural design, engineering, cost
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estimation, floor layout, geotechnical, project management, and all other services identified
in the agreement. .
The City also has executed a contract with Creative-Beers Contractors providing for
collaboration with the Architect in the project's design. obtaining competitive bids from
sub-contractors who will perform the work; supervising, administering, standing for sub-
contractors who work under the Creative-Beers' contract; and providing all incidental and
support services (field office, barricades, fencing, etc.). The contractor's fees total $1.39-
million and are changeable only upon an approved increase in the project scope.
In this methodology, it is recognized that design documents may result in costs that
exceed the owners' budget in spite of collaborative efforts of various parties. The
agreement provides the Contractor (Creative-Beers) identifies a "Guaranteed Maximum
Price" (GMP) at the time of receipt and examination of construction bids for the first phase
of work. A competitively-bid price of $2,007,191 was received for Phase I work: site
preparation; foundations; and building frames for the Administration and Police buildings.
The contractor used these figures and other data to develop a GMP of $15,875,000 for
the total project. The current approved budget for elements included in the GMP is
$16.180,000. Had Creative-Beers been unable to provide a GMP within the approved
budget, the City could have voided its agreement with them and engaged another
contractor.
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Assistant City Attorney Bill Baker noted the contract with the consultants require
Rowe Architects Inc., Donnell Consultants Inc., and Creative-Beers to collaborate to devise
a GMP necessary to erect a building within the budget approved by the Commission on
June 16. 1994. The Guaranteed Maximum Price is approximately $305,000 less than the
approved budget. Mr. Baker referred to a list of items in which the Commission had
previously expressed an interest. He indicated the GMP includes storm proofing by use of
laminated glass of both the Administrative and Police buildings. He noted enlarging the
garage's fourth floor would add 54 spaces to the planned 498 and add $165,852 to the
project's cost. He pointed out approximately 30 street spaces will be located in the
vicinity. He suggested if the Commission approves progressing with the project as
presented, he will come back for City Commission direction should it become evident that
extra items can be included.
Mr. Baker referred to the list and noted the gas air conditioning listed via a central
plant and water cooled chillers for an estimated additional cost of $709,208 was a top of
the line system. He noted the GMP includes electric air conditioners mounted on the roofs
of the buildings, not from a central plant. He said staff will further examine if it is possible
to install air cooled gas air conditioning on the ground level and will come back to the
Commission if it is possible,
Commissioner Thomas indicated there was a contradiction in the presentation. He
pointed out Dean Rowe quoted the cost of upgrading the air-conditioning mechanicals at
$475,000. He expressed concern the GMP should include the upgraded mechanical. Dean
Rowe said the GMP includes roof mounted air cooled chillers which are not economy
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models. He said they were unable to include in the GMP a central plant with gas fired
water cooled chillers. He said they have only hard bid the Phase I work which consists of
the foundations, site work, and steel frame. The GMP was developed from documents
that are estimates. He said they still have work to do before they bid the systems portion
of the building. He indicated they will try to improve the quality of the building as they go
through the bidding process, He noted a 5% contingency is included in the GMP.
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Commissioner Thomas indicated he and Mr. Rowe had a clear and concise
conversation regarding air conditioning. He said he asked for, and the Commission
approved, the inclusion of the best, rnost energy efficient, alr-~onditioning system.
Commissioner Thomas said Mr. Rowe had indicated that upgrade would add $475,000 to
the project's cost. Mr. Rowe agreed that was correct. Commissioner Thomas noted the
City asked for the very best air.conditioning system and included its cost ;n the budget.
He expressed concern that the GMP is not "apples to apples" based on what the
Commission had adopted. Mr. Rowe noted the project adopted by the Commission was
reduced by $1,135,000 from the one originally proposed. He said when the cost per
square foot was reduced, he had indicated to the Commission it would be difficult to make
that budget and keep the upgraded mechanical. He noted construction costs recently have
increased dramatically and they are trying to come up with a GMP, get the construction
started, and continue to work to upgrade the systems.
Mayor Garvey questioned if the air-conditioning being proposed is, energy efficient.
Mr. Rowe said it was efficient and not an economy model.
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Commissioner Barfield questioned when the budget was increased by $475,OOOfor
the upgraded air conditioning, she understood that was a gas air-conditioning system.
Commissioner Thomas said he did not discuss how it would be accomplished during his
conversation with Mr. Rowe. He said he had requested the very best, most efficient
system and Mr. Rowe estimated its cost would be $475,000, Commissioner Thomas
expressed concern that Mr. Rowe reduced the mechan;cals to get to a cost of $65Jsquare
foot. Mr. Rowe indicated approximately $1 ~million of contingency is included in the overall
$16,180,OOOcost. Commissioner Thomas questioned if Mr. Rowe used the mechanicals
of the building to reduce the square foot cost. Mr. Rowe said they had to deal with the
budget.
Commissioner Thomas expressed concern with the project's air conditioning, He
questioned if the savings the City would accrue by using gas to cool the buildings would
result in a payback of the $709,208 cost to upgrade. Ron Macllvene of Architect
Engineering estimated the life cycle savings from using gas would be jus't under $200,000.
Commissioner Thomas requested that estimate be refigured and based on the City's cost
for gas. Mr. Rowe indicated he will be meeting with Chuck Warrington, Managing Director
of the Gas System.
Commissioner Thomas noted spaces in the parking garage cost $5,000 each and
noted 54 spaces could be added at a 40% reduction in that cost. Mr. Rowe agreed that
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would be a good bargain. He said the garage will not be built until August and indicated if
the dollars are available then, the extra spaces will be added.
Commissioner Deegan referred to the new inclusion of the print shop for $139,621.
He questioned if 3,000 square feet would reduce the 498 spaces. Mr. Rowe said 498
spaces results from this change and a loss of 16 spaces.
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Commissioner Fitzgerald referred to the $2.million bid for Phase I work that includes
site preparation, foundations, and building frames for the administration and police
buildings. He noted the garage is not mentioned and questioned if the garage is not
included in Phase I. Mr. Rowe said the garage is not in Phase 1 because it cannot be
started until the present Police building is razed. Commissioner Fitzgerald questioned if the
$15,875,000 GMP includes the garage. Mr. Rowe indicated that price includes all four
elements: 1) the municipal services building, 2) the Police building; 3) the garage; and 4)
upgrading City Hall. Commissioner Fitzgerald pointed out that is not the total cost because
it does not include architecture fees. Mr. Rowe agreed and noted listed project costs not
included in the GMP also include furniture, tests/inspections, utilities, landscaping, and
moving costs. Commissioner Fitzgerald noted the GMP related to construction costs but
does not cover all the other fees. He agreed with Commissioner Thomas' complaint
regarding the air conditioning that the system was to have been significantly upgraded to
include gas. Mayor Garvey thought the Commission had indicated they wanted the most
efficient system but there is a limit on what the City can spend. Commissioner Deegan
agreed. He did not recall the Commission indicating it wanted "the very best system
possible." He suggested the Commission had requested a system upgrade but not "the
very best." Commissioner Thomas said the Commission had expressed concern about
energy efficiency. Commissioner Deegan agreed with the need for an energy sufficient
system but not the absolute best.
Alan Bomstein of Creative~Beers said possible upgrades to the air-conditioning
system would include an ice storage system or a gas system. Besides those two
alternatives, the proposed system is pretty much a top.of-the-line, institutional quality, air-
conditioning system with electric, high efficiency, state-of.the-art chillers and appropriate
water tower cooling systems. He indicated the ice storage system was discarded because
its economy requires the manufacturing of ice during the night using lower priced power.
As the Police Department is a 24-hour operation, there is no efficiency in attempting to use
low-cost evoning power. Mr. Bomstein indicated they reviewed the gas upgrade and will
continue to look at it. He stated the upfront cost of gas air conditioning was so extensive
that the City could not recover tl,at expense through lower power bills. He noted other
logistical problems with gas include a requirement for noise abatement and a remote
location for the chillers.
Mr. Rowe presented an updated model that includes the amount of glass that will
be used and the configuration of the Police building. The ~xterior skin will be bid in late
February.
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Commissioner Thomas referred to the parking garage and questioned if money is
saved, the Commission could pick from a list of things to include. Mr. Rowe agreed. He
said he has been working with City departments to pin down where fixed walls will be
located, etc. He said that is going well. The City Manager indicated they are staying with
the open office plan to allow for flexibility, Ms. Deptula invited the Commission and
citizens to a ground breaking ceremony on January 17, 1995, at 1 :00 p.m.
Commissioner Thomas said he would like to do the base approval before referring to
the checklist.
Commissioner Thomas moved to approve the Guaranteed Maximum Price of
$15,875,000. The motion was duly seconded. Commissioners Berfield, Deegan, Thomas
and Mayor Garvey voted "Aye"; Commissioner Fitzgerald voted "Nay."
Commissioner Fitzgerald said he has not agreed with the project all along.
Commissioner Thomas moved that, based on savings available, the first area to be
improved will be to fill out the garage because of the tremendous discount on the
additional parking spaces. Commissioner Deegan recommended first discussing the costs
included in the GMP. There was no second to the motion.
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Commissioner Deegan moved to ensure that the expense for storm proofing the
police and administration buildings by using laminated gas is included in the GMP. The
motion was duly seconded and carried unanimously.
Commissioner Deegan moved that locating the print shop in the garage be included
in the GMP. The motion was duly seconded and carried unanimously.
Commissioner Thomas requested the City Manager make the decision regarding
extra spaces in the parking garage if money is available. Commissioner Deegan
recommended spending any savings on project costs not included in the GMP.
Commissioner Thomas said the soft costs for furniture etc. are easier to stretch out. He
noted hard costs, such as structural components. cannot be stretched out or postponed,
Commissioner Deegan agreed that would be important if it is a certainty that the extra
parking spaces are as important as furniture or other soft costs. He suggested'the
Commission cannot choose priorities until "savings" are identified. Commissioner Thomas
agreed it was not necessary to address this issue now, He requested information on the
payback on savings that would result from an upgrade to the air-conditioning system.
Commissioner Berfield questioned if the upgrade of $709.208 was in addition to the
$475,000 budgeted for a mechanical upgrade. Mr. Rowe said the $709,208 is the
additional cost to install a gas system with a central plant and water chilled coolers. Mr.'
Bomstein said $475,000 is included in the budget. Upgrading to the gas system would
cost an additional $709,208.
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Commissioner Thomas thanked everybody for their participation on the Municipal
Services complex planning.
ITEM #20 ~ Community Relations Board - 2 appointments (CLK)
Commissioner Fitzgerald moved to reappoint Jonathon Wade. The motion was duly
seconded and carried unanimously.
Commissioner Berfield moved to appoint Milton Rooks. The motion was duly
seconded' and carried unanimously.
ITEM #21 ~ Historic Preservation Board - 1 appointment (eLK)
Commissioner Thomas moved to appoint Bernard Ferrell. The motion was duly
seconded and carried unanimously.
ITEM #22 - Parks & Recreation Board - 1 appointment (CLK)
Commissioner Thomas moved to reappoint Gary Giordano. The motion was duly
seconded and carried unanimously.
ITEM #23 - Other PendinQ Matters ~ None.
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CITY ATTORNEY REPORTS
ITEM #24 - Other City Attornev Items
aJ Discussion re proposed Ord. #5751-95 - ra DDB - Amending Sec. 2.145 relating to
Freeholders' Referenda and Elections, to remove City Clerk 85 the election supervisor and
specify the board use an independent firm
This ordinance amends City Code to remove the City Clerk as election supervisor for
the Downtown Development Board (DDSI and requires the Board use an independent firm
as election supervisor. Mayor Garvey requested a 30-day continuance of another DDS
item.
Commissioner Thomas moved to continue all discussion on DDS items for 30 days.
The motion was duly seconded and carried unanimously.
b) Claim for severance pay of Milton A. Galbraith. Jr.
Mr. Galbraith's attorney, F. Wallace Pope, Jr., advised he would defer legal action
to collect Mr. Galbraith's severance pay, interest and attorney's fees from the City until the
Commission can reconsider the matter at today's meeting. Mr. Pope indicated Mr.
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Galbraith will accept the full amount of his severance pay, $26,666, plus accrued interest
through December 31, 1994. at the legal rate of 12% for $2,375.83, with a daily interest
factor of $8.7669. Pursuant to F.S. Sec. 55.03, the interest rate will change effective
January 1, 1995, to an amount to be established by the State's Controller. Mr. Pope
indicated Mr. Galbraith will waive his claim to attorney's fees if the City pays the
severance pay and accumulated interest. If the matter cannot be resolved amicably, he
will not waive the claim to attorney's fees.
The City Attorney indicated if the City prevails, the City is entitled to attorney's
fees.
, Commissioner Thomas requested the City Attorney's legal opinion. He noted
information previously received by the Commission from Interim City Attorney Zimmet and
labor attorney, Debbie Crumbley, indicated Mr. Galbraith is not entitled to severance pay.
The City Attorney reported she spoke with Mr. Zimmet and Ms. Crumbley, read their
letters. and reviewed the contract. She indicated there is the possibility that the City
would not prevail. She said the City's chance of winning is more than 50% but not 99%.
Commissioner Thomas questioned the City's position on a scale of one to ten. The
City Attorney said it was difficult to pick a number but suggested the case is stronger than
50% and might be 60%.
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Commissioner Fitzgerald questioned if there was ano~her way to address the issue.
The City Attorney indicated the City could mediate it pre-suit. Commissioner Berfield
questioned if the court would direct mediation if no mediation occurs pre-suit, Ms. Akin
agreed the court would probably make such a ruling. She said it was a matter of if the
Commission wants to mediate before expenses or after the City is already in litigation.
Commissioner Berfield recommended mediating ahead of time. Mayor Garvey expressed
concern mediation would require the City to concede something. Commissioner Thomas
said the mediation would be non-binding and indicated he preferred the matter be mediated
now.
The City Attorney indicated the mediator does not take the decision away from the
City Commission. If the Commission is not open to CJ compromise, she said mediation at
this point will not have a purpose.
Commissioner Berfield questioned if pre.suit mediation does not resolve the
problem, will the court direct additional mediation, The City Attorney indicated that was
possible.
Commissioner Deegan said if the City Commission is not of a mind to compromise,
then mediation at this point makes no sonse, He said he was not interested in a
compromise and would not recommend voluntarily entering mediation. Commissioner
Barfield agreed it would be best to delay mediation until after the suit is filed.
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The City Attorney questioned if the Commission wanted her to respond to Mr. Pope
that the City is not interested in settling or making payment to Mr. Galbraith and he should
do what he feels appropriate. Commissioner Deegan and Mayor Garvey agreed.
Commissioner Fitzgerald favored pre~trial mediation. Commissioner Thomas said it made
sense to not prejudge the case. He recommended mediation be the first step before
litigation in court. He indicated compromise does not always result in a 50-/50 decision.
Commissioner Berfield questioned if Mr. Galbraith or his attorney had indicated an interest
in mediation. Ms. Akin indicated she has not received any indication of such interest.
There was majority agreement that the City Commission is not interested in pre-trial
mediation. The City Attorney will inform Mr. Galbraith and his attorney that the City
Commission has not changed its position.
Attorney/client meetings
The City Attorney requested four attorney/client meetings be scheduled. A session
regarding Scientology will be set on January 5, 1995. The meeting regarding Patrick
Media was scheduled for January 17, 1995 at 11 :00 a.m. The meeting regarding Amz8
Abdullaj was scheduled of January 30, 1995 at 11 :00 a.m. and the meeting regarding
Walter Bryan was scheduled for February 2, 1995 at 5:00 p.m.
ITEM #25 - Citv Manager Verbal Reports
"..f.:".. a) Request from the NAACP to approve closure of Cleveland Street for Martin Luther King
~~fJ' parade
The Clearwater I Upper Pinellas Branch of the NAACP requests the City again co-
sponsor activities associated with the 11 th Annual Observance of the Dr. Martin Luther
King, Jr. Holiday. They request a waiver of insurance requirements and charges for City
services relative to the January 16, 1995 march,
Planned activities include: l' Prayer Breakfast at the MLK Center; 2) The March
from the MLK Center to Coachman Park; 3) Public Rally at the Coachman Park Bandshell;
and 4) Use of the MLK Center for other daytime activities.
A special events' application is being processed and the organization is coordinating
with the Florida Department of Transportation for necessary road closure permits.
The Mayor noted the City Commission approved the co-sponsorship and waiver of
City fees for the Martin Luther King Events on October 1 7. 1 994.
Commissioner Thoma's moved to approve the necessary road closures for the Martin
Luther King parade. The motion was duly seconded and carried unanimously,
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.~ bJ East Advanced Pollution Control Facility South Interceptor Pipe Rehabilitation Project.
, Phase II
The City Manager indicated the project had been completed and Alan Stowell signed
off that it had been done to his satisfaction. She indicated this was an information item.
c) Removal of Raised Island located at Pierce Street and City Hall driveway
City Engineer Rich Baier recommended removal of the small raised island because it
serves no purpose, is not landscaped, does not meet minimum ADA standards or serve as
a pedestrian refuge. Complaints have called this an obstacle. This is an information item,
Commissioner Thomas recommended addressing the broken curbs by widening the
exit from the north staff parking lot when the work crew is at City Hall. The Mayor
suggested the Engineer review the parking rot's layout with the scheduled addition of fire
e'xits to City Hall.
Sign recognizing Herb Brown
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The City Manager reported staff contacted Don Bredburg regarding including special
recognition of Herb Brown for his position as President of Rotary International for the next
year on the sign listing local civic associations on Courtney Campbell Causeway. they
have declined doing any special recognition for anyone person on the sign. She
questioned if the Commission wishes to pursue special recognition of Mr. Brown.
Commissioner Thomas questioned how often the City has a citizen who is globally
recognized and president of a world-wide organization. He said this was a rare honor and
recommended putting that on the City limit sign for the year he is president. Commissioner
Barfield questioned if there was any reason that could not be included on the "Welcome to
Clearwater" signs. The City Manager indicated staff can look at ways of doing it.
Commissioner Thomas moved to have a sign at the city's entrance saying "Home of
Herb Brown, President of Rotary International." The motion was duly seconded, Upon the
vote being taken. Commissioners Berfield, Fitzgerald, and Thomas voted" Aye";
Commissioner Deegan and Mayor Garvey voted "Nay." Motion carried.
Recycling
The City Manager stated the Solid Waste Department will be proceeding with
recycling telephone books. She noted the project is not cost effective but will be instituted
based on the "greater good," concern for the environment, and the issue of recycling.
Residents want to do it.
Emergency Management
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Mr. Baier said he had begun an aggressive dialogue with the FOOT. He felt with
further effort and documentation additional signage may be approved. He said he had a
meeting planned with FDOT next week and will submit the application staff is putting
together. He said the City is working with FOOT on a project where the City is
recommending some overhead signs. The Mayor recommended letting Mr. Baier continue
working with FDOT. Commissioner Thomas said he had no problem with what Mr. Baier,is
doing and did not mind waiting. He expressed concerns with installing signage on I~ 75 and
1-4 for tourists before they arrive at SR 60. Mr, Baier said he went to FOOT and received a
copy of a recent extensive study on signing and tourism. He noted the request to add
signage on Interstate roads was mentioned in the study.
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The City Manager reported Emergency Management will now be coordinated by the
Fire Department with James Goodloe primarily responsible for the operation.
ITEM #26 - Commission Discussion It~ms
a) Sign Designation to Clearwater
The City Manager indicated Commissioner Thomas had sent a memo on December
1. 1994, requesting staff video tape all of the signage within a 30.mile radius of Tampa on
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1"75. 1~4, and US 19. He recognized this would take more than eight hours and requested
the Commission discuss it. Commissioner Thomas said he believes almost no signage
designates Clearwater and wanted to make a case before the Florida Department of
Transportation (FOOT). The Mayor suggested it would be just as easy to note the signs
when driving. Commissioner Thomas indicated he wished to build a legal case should
FDOT not want to cooperate.
Commissioner Deegan noted his copy of Mr. Baier's White paper did not include a
conclusion. Mr. Baier read the conclusion, </The criteria as set forth by Florida
administrative codes for hoth limited and non.limited access roadways are very stringent to
accomplish those goals as explained within the introduction. Subsequent to a field review
and meeting with FDOT. District VII, I believe I will, with some effort and City management
support, be able to gain a permit for beach destination signing along US 19, a non-
interstate facility. Regarding interstates, the city of Tampa had made a formal rsquest to
waive these rules to procure additional supplemental guide signing earlior this year (1994).
After much expense, the city was ultimately denied by FDOT both district and central
offices and Federal Highway Administration (FHWA). Although unpleasant and not the
desired outcome, I believe the City of Clearwater would face a similar predicament."
Commissioner Deegan noted Commissioner Thomas does not want to pursue legal
remedies until the City has explored all other alternatives.
Commissioner Deegan referred to a recent newspaper article that indicated Tampa
would be posting hundreds of signs throughout the City directing visitors to the new
aquarium. He questioned how to get Clearwater beach on the same par "as Tampa's
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aquarium. Mr. Baier stated he will tind out about Tampa's plans. A copy of Mr. Baler's
conclusions regarding the sign issue will be forwarded to the Commission,
b} Neighborhood Advisory Committee
The City Clerk noted the ordinance the Neighborhood Advisorv Board (NACl referred
to in their annual report did not address NAC specifically. The ordinance, a rewrite of the
general advisory board code, removed the term IIcommittee" from the code. Unlike the
Environmental Advisory Board, no ordinance specifically addressing NAC has been
adopted.
Current NAC members were appointed by the Commission in the same manner as
most advisory boards. NAC was established due to a previous COSG requirement and no
ordinance was adopted that specified terms, etc. Therefore, no appointed members have
set terms. An ordinance is being developed to address this issue.
The Economic Development Director's proposal to fill current vacancies by merging
NAC with the Affordable Housing Committee has not come forward to the Commission for
discussion and approval. The Affordable Housing Advisory Committee was established by
Resolution #94-7 to address requirements of the State Affordable Housing Incentive Plan
(SHIP) program. Its members were appointed by the Commission. Economic Development
Director Alan Ferri felt this committee, which only meets once a year, was established for
a specific task of limited duration.
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Mayor Garvey questioned if term limits had been established for the Affordable
Housing Advisory Committee, Mr. Ferri indicated the Commission's authorization for that
Committee expired June 1994. Commissioner Thomas questioned if the City Attorney was
familiar with the issue. Ms. Akin noted she was not but would locate the ordinance and
review the matter.
Mayor Garvey questioned why the Affordable Housing Advisory Committee,
mandated by State law. was not renewed. Mr. Ferri noted the Committee only needs CO
meet once a year. Commissioner Thomas questioned if the Commission needs to
reauthorize the Committee. Mr. Ferri felt merging the functions of the two committees will
satisfy the City's needs.
cJ Presentation - Video promoting Clearwater Beach
Bob Gardeski presented a video of his "Gulf Boulevard" show focusing on
Clearwater Beach events and visits to beach hotels and restaurants. The show, hosted by
Mr. Gardeski and Lisa Schultz, also visited the Long Center and covered the Turkey Trot
and Special Olympics. He wanted to showcase his video at the National Association of
Television Program Executive (NA TPEj Convention to be held in Las Vegas from January
23-26, 1995 to develop relationships with those who buy and sell programming and
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syndicate the show around the country, He indicated the show has been airing in
Milwaukee, WI, for the past two years. He requested a grant from 'the City of $2,400 for
a membership fee and Convention booth to promote the show. Mr. Gardeski said he and
Ms. Schultz will pay their own travel and lodging expenses. He said the show airs
Saturday afternoons on Vision Cable.
Commissioner Thomas questioned if the film could include Clearwater beach in the
title. Mr. Gardeski said the show focuses on Clearwater beach and its atmosphere.
Commissioner Thomas said this is would be a good way for the City to promote Clearwater
beach. The City Manager noted the proposal is to feature this video at a television
programming trade show, not a' tourist trade show.
Commissioner Thomas questioned if Mr. Gardeski hopes to sell and syndicate the
show. Mr. Gardeski said he did and noted the show would be a half hour advertisement
for Clearwater beach. Commissioner Thomas questioned if the show would be picked up
as "Gulf Boulevard" or as "Clearwater Beach." Mr. Gardeski said the name could be
changed, Commissioner Thomas said he could support the concept if "Clearwater Beach"
is included in the title. Mr. Gardeski agreed to the change.
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Commissioner Berfield questioned what Mr. Gardeski is requesting. Mr. Gardeski
noted the booth costs $1,800 and membership to attend $325. Commissioner Thomas
questioned what percentage of his costs was Mr. Gardeski requesting. The Mayor
questioned what percentage the City would get if the show is sold. Mr. Gardeski said he
was requesting $2,400 and was willing to reimburse the City if the show makes it.
Commissioner Thomas requested the song be changed to encourage visitors to Clearwater
beach.
Mayor Garvey questioned if Mr. Gardeski would accept the money as a loan from
the City payable if the film is sold and/or syndicated. Mr. Gardeski agreed.
Commissioner Fitzgerald said he was uncertain about the proposed action. Mr.
Gardeski said his 30 minute television has been airing for three years on Vision Cable, TCI
and in Milwaukest WI. Commissioner Fitzgerald questioned jf Mr. Gardeski planned to
promote a 30 minute program at the Las Vegas convention with the intent of selling it to
the television industry. Mr. Gardeski said he hopes the show will be picked up by
independent syndicators who will be attending, He said each show is structured to include
three events.
Commissioner Berfield questioned if Mr. Gardeski would be willing to negotiate a
contract with the City allowing the City to have a say about the programming to protect
the City's good imagl:3. Mr. Gardeski said that would be fine witt1 him. Commissioner
Thomas suggested developing some guidelines. Mr. Gardeski said he recently interviewed
Water Safety Supervisor Joe Lain and Chuck Pollick presents regular editorials on the
show.
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Commissioner Deegan moved to lend Mr. Gardeski ~2,400 subject to payback from
any proceeds from syndicating the show and to include Clearwater Beach in the show's
title. The motion was duly seconded.
Commissioner Berfield questioned if the agreement would include the ability of the
City to review the video they will be presenting. Commissioner Deegan recommended
coming back and discussing the agreement further if the show is syndicated.
Commissioner Berfield noted if the show is syndicated and the loan is paid, the City will
lose control over what is shown. Commissioner Deegan recommended those discussion
occur after the convention.
Commissioner Thomas requested Mr. Gardeski make the shows available for the
City's new television station, Channel 35. Mr. Gardeski said he would be happy to do
that.
Commissioner Deegan questioned how Mr. Gardeski arrived at the $2,400 figure.
Mr. Gardeski said admission is $325, a booth is $1,800, and other hidden costs. He noted
the $2,400 would not cover all costs.
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Upon the vote being taken, Commissioners Barfield, Thomas and Deegan and Mayor
Garvey voted "Aye"; Commissioner Fitzgerald voted IINay.1I
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Commissioner Fitzgerald said he did not understand what the Commission hoped to
accomplish and expressed concern about "opening Pandora's box. II
ITEM #27 ~ Other Commission Action
C9mmissioner Berfield referred to the December 22 letter from Northwood Estate
resident Margaret Murphy regarding tho distribution of a free newspaper. Ms. Murphy
advised Commissioner Berfield that she had requested distribution to cease.
Commissioner Berfield referred to a request from George and Linda Burtch regarding
keeping the Buccaneers in Tampa. Sha questioned if there had been any indication a group
would be looking to the City to help with this quest. A letter of support and a
Proclamation were sent from Mayor Garvey. Commissioner Thomas indicated he replied
with a suggestion.
Commissioner Thomas congratulated the City Manager and audit staff for the GTE
telecommunication audit that netted the City $415,000. He indicated they did an
outstanding job.
Commissioner Thomas referred to road construction problems in the Glenwood
Subdivision. He indicated that is the most abysmal piece of work he ever saw a contractor
do for the City. He noted his appreciation to the City Engineer for addressing the issue.
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Commissioner Thomas referred to the proposal to create a homeless shelter at the
FOP building in Downtown Clearwater. Commissioner Deegan indicated he had requested
information from the City Manager because the Task Force wanted to find out if there was
a problem with the proposal regarding zoning, etc. Commissioner Thomas noted his
opposition to putting a homeless shelter in Downtown Clearwater. Mayor Garvey felt the
City already has enough transients and homeless in Downtown Clearwater and did not
think more were needed.
Commissioner Thomas requested the City Manager and City Attorney review
procedures for dealing with vagrants. . He wants to avoid the Post Office closing its lobby
at night due to vagrancy problems. He noted American cities are being more successful in
dealing with the issue. Commissioner Deegan disagreed with Commissioner Thomas'
assessment of this issue but will discuss it at another time.
Commissioner Deegan thanked City resident, Joel Campbell, for his phone call
complimenting the work and attitude of a City crew and supervisor who unclogged a sewer
line promptly. He recommended letting the public know when the Commission receives
positive comments about staff,
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Commissioner Deeaan referred to minutes from the November 29, 1994 meeting,
and questioned the City's response regarding the Comedy Hall of Fame. Ms. Akin
indicated a response to their letter of intent was sent. She noted they are looking at
another location. Commissioner Deegan questioned the response following the Comedy
Hall of Fame's public presentation to the Commission. He noted all who heard the
presentation were satisfied. Community Redevelopment Agency (CRA) Executive Director,
Peter Gozza, noted the Commission had approved the CRA working with the Comedy Hall
of Fame and Kimberly Enterprises to put together a development agreement. He indicated
staff proceeded to do that. He noted the Commission also requested staff look at a piece
of property owned by the City near the Annex 8S temporary space. He said staff found the
space and forwarded a copy of a prepared lease to the Comedy Hall of Fame. He said
staff then found out the Comedy Hall of Fame was getting presentations from the city of
St. Petersburg. Mr. Gozza indicated the City is waiting to hear back from them.
Commissioner Deegan questioned what the City's response had been. Mr. Gozza
stated a letter of intent was sent, indicating at the November 29, 1994 meeting, the City
Commission approved working with the Comedy Hall of Fame and Kimberly Enterprises to
work toward putting together a development agreement for both parties on the East End
site. Commissioner Deegan requested staff copy the Commission on responses they have
requested.
Commissioner Deegan questioned the status of the rewrite of the scope of work for
David Cardwell. The City Attorney reported she expected to receive something this week
on a revised scope. She noted a concern regarding details about attendance at City
Commission meetings. Mr. Gozza indicated he spoke with Mr. Cardwell and advised him
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,,~ not to spend any more time working on ~ny type of agreement with the Comedy Hall of
" Fame until they decide where they want to locate.
Mavor Garvev questioned the status of the visual preference survey. Peter Gozza
reported meetings had been scheduled on January 10, 12, 17 and 18 at 5:30 p.m. except
the meeting on January 17, 1995 will follow the Downtown Partnership meeting. He
indicated different categories of people are being invited to participate in the meetings and
complete the survey. He indicated Vision Cable, Channel 9, scheduled 25 slots to air the
meetings. He said arrangements have been made to collect the survey forms from the
City's library branches. The Chamber of Commerce has agreed to assist by distributing
them. Commissioner Deegan noted a reporter did extensive interviews of Commission
members on this topic. He indicated the article should be positive.
Commissioner Deeqan noted a newspaper article had indicated the contract with
Global Facility Services (GFS) would be discussed today. Ms. Rice reported the item has
been agendaed for January 5, 1995.
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Mavor Garvey noted the Clearwater Jazz Holiday explained that the event is
becoming more popular and expensive. They requested the City increase their contribution
to $25,000 for October 1995, or permit them to sell beer at the event. Commissioner
Thomas noted the last time the Commission addressed the sale of beer and wine at the
Jazz Holiday. the proposal lost. He noted the Commission had indicated their preference to
increase the donation to the Jazz Holiday rather than sell beer and wine. Ms. Rice said this'
contribution would be included in next year's budget. Commissioner Deegan said he would
look favorably on a $25,000 contribution. The issue was agendaed for January 17, 1995.
Commissioner Barfield distributed an article regarding Wester Reserve's plans to
build space in Park Place
Mavor Garvev noted a Japanese student who stayed at the Mayor's home in 1982
and now works for a travel agency in Japan, forwarded a brochure from Tokyo's largest
travel agency that offers four package tours combining Orlando with Clearwater beach.
ITEM 1128 - Adiournment
The City Commission adjourned at 3:50 p.m.
ATTEST: (\..illt-, n. 2.. /Jr=. J)a c.
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