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01/04/1993 (2) ~. ~c :!.. .:. : : , ". " , , ' , '" . , . ~,,,.,,' ~ ' '\ '., . ) 1 . . , ' " . . ., , , ," ':',:: ':'>':,,')" ";: "<:",:-::,,.':,":';':'.""',':. " . , , , " ,~ : - , '..: ,: .,' ':,,::y~~ . ' ',-"',, . : '-'" , , ! ........, , I 'y. 1\ WORKSESSION City Commission Worksession Minutes c) Date :t~ r:l-/S3 'j , .' , \ . '-""""'; .~~~7"I.'~:,,>. . .: " ", ..' "" . , " ,,' . " ,r , ,'. . . ;~~'l,. ~. ~~~.. c' ' , .~ I . CITY COMMISSION WORK SESSION January 4, 1993 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Richard Fitzgerald Sue Berfield Arthur Deegan Mayme W. Hodges Mayor/Commissioner Vice-M ayor/Commissioner Commissioner Commissioner Commissioner-Appointee Also present were: Michael J. Wright Kathy S. Rice Elizabeth M. Deptula M.A. Galbraith, Jr. Cynthia E. Goudeau City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order at 9:00 a.m. l t\-'>'~~' t...e'\" '\",\,. Service Awards No Service Awards were presented. Microphone Use - Vision Cable (WSO-1) Steven Woolrich, representing Vision Cable, addressed the Commission. He stated he has worked for two months trying to solve various problems with the audio system in the Commission Chambers. Having done exhausting testing, he has reached the conclusion that the problem may lie, not with the equipment, but with the way the equipment is utilized. He stated a meeting such as a City Commission meeting is one of the most difficult audio assignments and he felt some training in the proper utilization of the system would be beneficial. The system has two controls for each microphone which can be adjusted individually. The operator should be able to set the sound levels at the beginning of the meeting and leave them in place for the entire meeting. Trying to set the levels so everyone can be heard presents a difficulty when there is a wide disparity in the voice levels of individual speakers. He said one of the goals is to be able ~o preset individual microphones to the optimum levels for each speaker prior to the beginning of a broadcast and leave them in place. :u The second factor is the two different types of microphones being used. The stick microphones are unidirectional and only pick up what is directly in front of them. It is important, when using these, for the speaker to remain within three to four Inches of the minwsOl a.93 0110<1/93 ; '." . , , ..,\' ".", ' , , " " . ' > ',. , , ' , . .. '" " , ~ .' >, ';. " () front of the microphone. Lapel microphones pick up sound from the chest cavity and the clothing as well as from the mouth and it is important for them to be worn no more than six inches below the lip. Lapel microphones, being battery powered are subject to failure much more frequently due to the number of factors which affect battery life. The output of the lapel microphones is much lower than the stick microphones, causing the operator to have to make major readjustments in the sound system. Mr. Woolrich said Vision Cable prefers for the Commission to use the stick microphones because there are fewer problems involved. As long as the speakers are aware of regulating their tone of voice and distance from the microphone, there should not be a problem with the sound system. He stated the lapel microphones have a tendency to cause more feedback problems and care must be taken to wear them properly. The City Clerk will be given a headset to monitor the broadcast volume levels so she can adjust the levels as necessary to ensure everyone can be heard. He said the room has good acoustics and does not require much amplification unless there is a large crowd. The Mayor commented it almost requires a technician at the sound controls. Mr. Wool rich agreed it is difficult for one person to maintain the multiple sound mixes while doing a large variety of other jobs. (;::;~ In response to questions, Mr. Woolrich stated it is more difficult to use a combination of lapel and stick microphones; it takes langer to set up the sound levels prior to the meeting and levels change as the batteries fade during the meeting. Regarding the best distance fram a stick microphone, he said the number of inches is not as critical as maintaining a constant distance and tone of voice. He estimated that battery failure accounts for about 70 percent of lapel microphone failure due to not having enough output to operate the sound threshold. It was indicated the battery life is much shorter than originally anticipated and they will be changed regularly. Mayor Garvey noted the approved sound system was set up to use the stick microphones and, if batteries are to be a problem, the Commission may have to adjust to using the stick microphones consistently during the regular meetings. Mr. Woolrich agreed the trend is to use the lapel microphones as little as possible because of the multiple problems regularly experienced with them. Commissioner Berfield questioned if the podium microphone is different because it always seems to work better. Mr. Woolrich stated it is usually turned up more than the others. Mayor Garvey thanked Vision Cable for their efforts in helping alleviate the sound problems. The meeting was recessed for the Pension Board meeting and reconvened in approximately one hour. City Hall Proiect Manager Contract with Donnell Consultants Incorporpted, in association ,"'-' with Rowe Rados Hammer Russell Architects. Inc. for $246,000 (eM) minws018.93 2 01/04/93 , " . I " " , ". .,',..,' ::: '. " : " ~ " . , " .. <) Each of the short-listed firms presented formal proposals on Wednesday, December 2, 1992. Following the written and formal oral presentations, each of the firms was ranked individually by each member of the team. The total scores from the presentation were used to rank the teams. Each member of the selection committee independently ranked Donnell Consultants Inc. as the first-ranked team. The contract was negotiated over the last three weeks. The scope of services is addressed with a detailed overview of the product and project for each element. A new draft schedule represents a completion date and move.in time of December 3D, 1 994 or 23 months from Commission approval of a contract. The pre-design phase is approximately six months long but with this schedule it is anticipated the City Commission will be able to choose a design build contract by the end of June, 1993. Assistant City Manager Kathy Rice introduced Mr. Stuart Donnell, the cost consultant and Mr. Dean Rowe, the architect. She stated staff is recommending the services of these firms in a joint project. A number of people were reviewed to be the project management consultants to help the City through the process of consolidating four buildings into one City Hall. She said Mr. Rowe has committed to move his Plnellas County offices to downtown Clearwater if he gets this contract. Staff has looked at Polk County as an example of what can happen when poor planning and poor choices are made, so there is a suspend and abandonment clause in the contract. She stated Mr. Donnell will be talking about the savings opportunities in the design phase and why it is so important. She passed around copies of a handout. .,........ . --; Mr. Donnell said the mission statement for this project will be for the building to last for 50 to 100 years and he feels his responsibility very strongly to see that the City's needs are met. Referring to the chart on the handout, he outlined where the cost savings opportunities lie in the design of a building. Carefully analyzing what the needs are may save up to 30 percent by building no more than is required. Mr. Donnell outlined the savings that can be realized through the design concepts and development stages. The opportunities for savings drop dramatically by the time the design build team enters the construction documentation. This is why cost control must be done at the front end of a program. He recommended a contingency fund to handle unforeseen conditions, such as contract inconsistencies, that normally arise in every proiect. Ms. Rice referred to Appendix B of the fee proposal relating to the existing conditions survey. She stressed looking at the existing buildings, evaluating any problems with them, and making the decision whether to build a whole new structure, or combine what is existing with some new construction to create a building that is going to last. She stated a report will be prepared and submitted to the Commission regarding these items. Concerning the space needs study, Ms. Rice stated staff will be meeting with the Commission to make sure all parties are in agreement regarding the space standards. Commissioner Deegan questioned the amount of time to be spent on this phase. He expressed concern with the consultants relying too much on the 1991 space needs study because of questions regarding the accuracy of growth projections. Mr. Rowe assured the Commission he will work closely with them, getting and giving feedback throughout the <'.....,.,I project. mlnwsOl a.93 3 01/04/93 . ..... , > I.. ... . '. . .' . . ~ . . . l' ;....:~' '.. ~ Ms. Rice reported there were 19 responses to the Design-Build selection inquiry, the list should be narrowed down by January 28, 1993. Work sessions with the Commission will be scheduled throughout the process to define what materials and other structural elements are wanted in the new City Hall. This will establish uniformity in the bid process while allowing for some innovative design concepts. Mr. Rowe explained the information obtained in the workshops with the Commission, along with soil samples and other information about the site, will be used in creating three conceptual diagrams. These will include ideas about parking, building height, elevator/stair arrangements, windows/walls ratios and potential growth configurations. He discussed at length the various factors involved in establishing a logical evaluation that makes sense to the City. The final concept has to meet the City's program and all these variables will be taken into considerations. He strensed the importance of establishing the guidelines up front. Mr. Donnell spoke regarding the budgeting for the project, stating he will be providing to each of the design-build firms a format for preparing their estimates for their designs. Their responses will check their numbers against the design concept to see if they reasonably represent what is wanted for the project. Mayor Garvey agreed it was one of the concerns of staff that someone possess the expertise to do this. Mr. Rowe stated the history and reputation of the bidders will also be taken into account to ensure their competency and flexibility. t.h~ "'l!ffL'''!! Ms. Rice noted the budget details in the contract; the lump sum figures as well as the numbers left open for renegotiation. There was concern with establishing a total cost figure for the construction elements due to the large number of 'variables yet to be decided by the Commission. Staff has, therefore, tentatively proposed a negotiated cost per hour and the options are still open. Commissioner Deegan questioned if the move-in date of December, 1994 is realistic. Mr. Donnell felt the date is reasonable based on his experience with this type of project; however, this could change it the project turns out to be significantly larger or smaller than is currently projected. He will be able to get a better handle on that after the design-build firm is chosen. Commissioner Fitzgerald emphasized the move-in date is subject to change if something unforeseen happens. Mr. Donnell said regular status reports will be given and opportunities for Commission input and approval are buHt in at regular intervals. Commissioner Deegan questioned if funds for the pre-design phase are included or additional to the design phase. Mr. Rowe responded it is all part of the same package. Commissioner Fitzgerald requested clarification concerning the cost of the project if the contract is terminated for some reason. Ms. Rice read from the suspend and abandonment clause in Article V, page 3 of the basic contract. It was clarified, if the agreement is terminated, the City shall pay for services performed to the date of termination, including reasonable costs for demobilization. She felt the scope of services was carefully examined to determine what is to be paid in each phase. ....--' mlnws01a.93 4 01/04/93 cJM . . , ~ Contract for Residential Gas Meter Change Out to West Coast Plumbing. Palm Harbor. FL. at an est. $20.000 (GAS-1) The Clearwater Gas System has a goal to change out 900 residential gas meters annually. These meters are changed on about a , O-year schedule to assure accurate measurement of consumption. Due to age and wear, gas meters tend to slow down. This can result in under measuring consumption, which can cause lost revenues. This contract provides the labor to change out 500 gas meters in a timely manner without additional staff requirements at an estimated cost of $20,000. Gas meters are to be provided by the Clearwater Gas System from existing inventory. Twenty-one bids were solicited and four received. The bid from West Coast Plumbing was the lowest and most responsive that met specifications. Staff recommended acceptance of the contract. Contract for gas Dips fitter installation to West Coast Plumbing. Palm Harbor. FL. at an est. $50.400 (GAS-2) Clearwater Gas System has secured a volume of installation work in four subdivisions that will exceed the production level that its staff can provide. This gas pipe fitter installation contract will provide labor only for customer installation requests for house piping and new appliances in a timely manner without an increased staffing Jevel. labor costs to the Clearwater Gas System are estimated at $50,400. Materials will be provided ~r(. by the Clearwater Gas System from existing inventory. Three of the subdivisions are new developments, Westwinds ('06 homes) and Whitcomb (80 homes~ in Tarpon Springs and Boot Ranch (150 Homes) in Palm Harbor. The fourth, Chelsea, is an existing subdivision in Clearwater with 35 new customer requests. The labor and material for this installation work is invoiced to the customers with a standard 50 percent mark-up to provide a profit margin for the Gas System. Expected revenues are estimated at $90,000 based on an average charge of $525 per customer to pipe each house including Jabor and materials. Staff recommends approval of this contract. The City Manager stated the reason for going to this type of activity for the above two items, is because the customer hook-up process has accelerated and the Gas System is strained to perform the volume of new work coming in. A question was raised by Commissioner Fitzgerald regarding the status of commercial accounts. It was indicated the focus of work has been on residential; therefore, commercial has not proceeded as quickly. The Mayor commented the commercial accounts are being focused in the north county area. Chuck Warrington, Gas System Manager, stated the commercial accounts should pick up within the next couple of months as the focus on them increases. There is the potential of adding many commercial accounts, which will amount to approximately 60 percent of the projected revenues. ',~ minws01 a.93 5 01/04/93 . , ' " . '. " . I '. . . ", .; . . ;'.... ~ 5 Year leasefuurchase of a new Norstar telephone system for the Clearwater GQs System and Human Relations Deoartment to General Telechone of Florida. Tampa. FL for $36.665.69 (GAS-3) The' Clearwater Gas System and the Human Relations Department, located at 400 North Myrtle, share a common telephone network. Both departments require expanded telephone services not possible under present circumstance. General Services recommends for City use the Norstar network which can be moved to a new building, should the need arise. The Public Works Department and the Library are currently using this system. The recommended system includes the Norstar switch with 24 Jines, 36 telephone receivers, and options including voice mail, automated attendant and a portable phone for Gas Emergency Radio Dispatch. Based on the number of telephones required by each department. Clearwater Gas System will assume 86 percent of the cost and Human Relations will pick up the remaining 14 percent. The Mayor questioned if the two telephone systems can be combined for use by the Gas system if Human Relations moves out of the building. Mr. Wright responded they can. In response to a question from Commissioner Deegan. Mr. Warrington stated this was an unanticipated first quarter budget expenditure. Commissioner Berfield questioned the use of voice mail in the Gas system. Mr. . Warrington stated it will be used primarily after hours for directing customers in case of an ~~~ emergency. The intent is for a person to answer the main lines during the day. Ratify & Confirm Citv Manager's authorization to pav Allstate Roofing Services. Inc.. Pinellas Park, FL, for emergency roof repairs at the Annex building. a sum of $3.315. increasing the total cost of the P05546~93 to $13.015 (GS-1) Bids solicited for roofing repairs to the north end of the City Hall Annex building resulted in purchase order 5546-93 being issued on October 22, 1992, to Allstate Roofing Services, Inc., Pinellas Park in the amount of $6,500.00. Additional leakage over the auditorium portion of the building required additional repairs costing $3,200.00 and increasing the total to $9,700.00. A second amendment in the amount of $3,315.00 was requested December 7, 1992, to provide emergency repairs to the roof section over the traffic computer in the Transportation Department. This amendment increased the purchase order to $13,015.00. Commissioner Fitzgerald questioned if the damage came up after the No-Name Storm. The City Manager responded the roof is having to be patched constantly. \ \-i Commissioner Berfield questioned how much has been put into patching the roof and how that cost compares to that of a new roof. Discussion ensued and it was estimated a new roof would cost in excess of $100,000. Mr. Wright felt the building will be taken out of service when the new City Hall is built. mlnwsOl a.93 6 01/04/93 , ~, ~ '" I , " .' ..... . . , _. . ~ .' ~ r.'.' .. n Commissioner Deegan expressed concern with the amount of money rumored to have been spent on repairs in the last year. He requested an estimate of the total. In response, Ms. Deptula indicated repainting & some recent interior renovations cost less than $4,000. Staff is to provide a summary of the costs for the last calendar year. First Readina Ord. #5328-93 - approving GTE Franchise Agreeruent Extension by 6 months to 6130/93 (GS-2) ,I The franchise agreement with General Telephone Company (GTE) expired December 31, 1992, at the end of a second six-month extension adopted by Ordinance 5237~92. The franchise agreement permits GTE to use City rights~of-way for the placement and operation of its systems. In return, the City receives a 1 percent franchise fee based on GTE local service revenues. That tee base yielded revenues to the City of $182,888 FY 1990, $196,500 in FY 1991 and $211.368 in FY 1992. After four discussions between the City and GTE, extensive delays continue to be experienced in obtaining all information necessary to these discussions. GTE has not provided information requested by staff and needed for continued discussions. Further negotiations will require a minimum of three to six months. ~:..'.i'.t 'if;'1' Ordinance 5328-93 extending the present franchise agreement with GTE six months until June 30, 1993, has been developed for Commission approval. GTE has indicated agreement to the term extension. Deputy City Manager Kathy Rice stated there is still no agreement for the franchise fee and she listed a number of issues being negotiated. She stated that Floyd Carter, formerly of General Services and a Texas consultant have worked with City staff concerning local revenues. The franchise fee is based on local revenues, the definition of which is under negotiation. Another issue is obtaining a breakdown of the tee disbursement. GTE has 12 percent of the properties involved as tax exempt. The City maintains that a fee is not a tax and no one should be exempt. She stated staff may be requesting to hire an audit firm to look at how they are doing their books. Commissioner Deegan questioned using a local consulting firm. Ms. Rice indicated the Texas consultants were chosen because there are a number of law suits currently underway in Texas and they are familiar with this issue. She stated she wifllook at using local people as well. The Mayor pointed out that audits of the system are different from contract negotiations. Ms. Rice said the most expedient and cost effective means will be used. '........,. Commissioner-Deegan questioned if the City's internal auditors are picking up everything they should. Ms. Rice stated the City's revenue audit system is very limited and it may be necessary to broaden the scope. She and Ms. Deptula will be bringing back recommendations in this regard. Ms. Rice stated the one percent franchise fee is not as important as establishing what the local revenue is because the City gets ten percent. Another local revenue source being looked at is hotels charging $1 .00 for each telephone call. She stated this charge should have a utility tax and this, among other issues will help set the revenue base for the future. mlnwsOl a.93 7 01 J04/93 The existing agreement between Cubic Toll Systems, Inc. (formerly Automatic Toll Systems, Inc.) for the rental of toll collection devices at the Clearwater Pass Bridge ends on March 12, 1993. ,< ..~" I '. ~', , , . ~ In response to questions from Commissioner Berfield, Ms. Rice indicated there were a '. number of reasons the necessary information has not been provided. The City asked for a time extension when Mr. Carter, one of the City's negotiating team because ill. Another reason was the changeover by GTE to a new computer system, which caused considerable delay. She indicated the Texas consultant was formerly a member of the Public Service Commission. Five Year Aareell1ell.t Vl(ith Cubic T911 Systems. Il1c. for rental of toll collection devices at Clearwater Pass Bridge. for the period 3/12/93-3/11 L98. at an est. $202.536.68 (MR-2) This five-year agreement will increase the current daily rental rate by three percent lfrom $97.95 to $100.89) for the first year and add a Consumer Price Index (CPI) adjustment on March 12th on each of the following years of the Agreement. The estimated cost of $202,536.86 allows for the cPt increases each year. Two attended and two unattended automatic lanes of toll collection devices at the Clearwater Pass Bridge will be maintained by Cubic Toll Systems. The City may terminate the Agreement upon gO-day notice due to the discontinuance of tolls at Clearwater Pass Bridge. 1;";;"'.\ ~,r!~.,1 Cubic Toll Systems, Inc. has met all the terms and conditions of the existing Agreement. The toll collection devices are impractical to bid because: 1) Cubic Toll Systems, Inc. already has the devices in place and 2) collection of tolls will be discontinued when the new Clearwater Pass Bridge is constructed. Staff recommends a five year Agreement to Cubic Toll Systems, Inc" for the rental of toll collection devices at Clearwater Pass Bridge. Mr. Wright pointed out there is a 90-day cancellation clause in the contract. In response to a question from Commissioner Fitzgerald, he stated this contract covers only the equipment, not personnel costs. Mr. Wright questioned if collection of tolls will stop when the debt is paid. The Mayor stated if Federal funds are used, the tolls must stop. Mr. Wright stated the debt will be paid off within the next couple of years, prior to start-up of the new bridge. The Mayor questioned if the costs of purchasing the right-of-way are included in the debt. Staff is to investigate. Purchase of 96 Kodak Diconix 180 SI portable minters with cables & adapt~rs from Innovative Computer Designs. North Miami Beach. FL. for $29.056.32 (PD-1) , V The City's Police Department developed a pilot program known as the Systematic Seatbelt Warning Ticket Project ISSWTP) to assist the City in attaining the 70 percent federally mandated safety belt usage rate. SSWTP provides for an automated warning ticket system where officers can issue on the spot warnings to violators. The issuance of mlnws01 a.93 8 01/04/93 ; , . '. j .. ..:." "'.." '. ,I I . . I. ,4- . : 1 "'. . .'. I. , . ," ~ regular citations is a secondary offense, making the cost of a violation an odd-on to the original offense. No current provision in Florida State Statutes allows an officer to make an original stop for a safety belt violation. This has resulted in a decline in the number of citations for occupant restraint violations and a likely subsequent decline in the usage rate. The Highway Safety subgrant for $145,000.00 and covering the period, October 1, 1992 to September 30, 1993, was awarded to the City in October 1992 by the State of Florida Department of Transportation. The Subgrant provides funding for the acquisition of 96 portable printers, operating expenses, a project coordinator and other personal services. This printer was selected as a result of extensive field testing, space and power considerations.. the ability to print multi-copy forms, and ease of operation. The project coordinator's position (Lieutenant) which is grant funded for this fiscal year has been absorbed into the existing staffing level by attrition. The police department's operating budget is not impacted by this purchase. Funding is available on a reimbursement basis through the Safety Belt Warning Grant., Mayor Garvey questioned if the duties of the Lieutenant position will be covered by someone else. Police Chief Klein stated the lieutenant position was been absorbed through attrition and does not impact the Department. That lieutenant will head the newly created traffic section, and reorganization is underway to consolidate other duties of that position. t,il,~~ !PJ;'~' Commissioner Deegan questioned if the grant money allows for payment of the lieutenant position, what happens to the grant money if the position is not filled and, from a staffing point of view, if the money should be used for a new position. Chief Klein stated the grant money pays for the position for only one year. He indicated it is better to absorb the funds for use toward an existing lieutenant than to create a new position and exceed staff requirements at budget time next year. Mayor Garvey questioned if a report on special programs is wanted from the Chief. Commissioner Deegan questioned a new traffic section. Chief Klein stated he will be submitting a quarterly grant report which will be copied to the Commission. Commissioner Fitzgerald noted the grant started on October 1, 1992 and questioned if any time has been lost regarding this. The Chief explained testing and bid procedures have been underway and the project is on schedule. Mr. Wright requested the Chief check on the Traffic Enforcement report. Contract fo( renovation of Ross Norton Park Swimming Pool to Atlantic Pool Builders for $35.890 (PR-1) Ross Norton Park Swimming Pool was constructed in 1978 and has been enjoyed by Clearwater residents for more than 14 years with only one major renovation, in 1989. Gutter piping, pool deck. marcite and tiles were repaired or replaced, as needed. Staff and the City's Consulting Engineer, Gardner B. Collins agreed that additional \..-1 repairs are needed. Mr. Collins developed plans and specifications for the renovations minwsOl a.93 9 01/04/93 . ~ ., . :. '. . \. ~: " . ;. '" . . '. ..'. < ~t'>'. . f~ V'.;'hich include removal and replacement of ramp and gutter tiles, retiling eXisting lane lines and targets, removal of underwater lights. patch and finish, replace all cup anchors and gutter grates, new depth markers to satisfy existing Health Department code and remarciting the entire main pool and gutter, training pool and filter tank. . Seven bids were solicited and three responsive bids were received. Commissioner Fitzgerald questioned if marcite is the best material for the renovation or jf there are new materials which last longer. Parks and Recreation Director Ream Wilson responded the pool consultant is an engineer who specializes in swimming pools and looks at every project individually. While fibertech was used with good results in the Holt Avenue project, the consultant felt marcite is the best application for the Ross Norton pool. Public Hearing & First Readina Ord. #5326-93 - Vacating 18' north/south aUev Iyjng W of Lots 1-5 & E of Lots 6 and 17. Blk 25 of Map of Belleair Sub. (Larry Dimmitt Cadillac V92- 23)(PWp2) The applicant is requesting the vacation of the 1 8-foot north-south alley lying west of lots 1 through 5 and east of lots 6 and 17, block 25, Map of Belleair Subdivision. They would like to use the additional square footage to allow more space for setbacks, parking and a larger building if or when the property is developed. (:.;> The City Engineering Division and Public Works Director agree with vacating the 1 8- foot north-south alley in block 25 and retaining full width as a drainage and utility. easement. There is an existing City sanitary sewer and water main in the alley. There were no objections from other departments. Florida Power and Vision Cable have no objections provided a 1 O~foot utility easement is retained five feet on either side of installed facilities. GTE has no objections provided the full width is retained as a utility easement. Discussion ensued regarding whether or not construction wlll be allowed on the property. Public Works Director Bill Baker indicated construction of a building on the vacated easement would not be allowed; however it could be used for parking. C.O.#2 & Final for Bike Path Extension with Barry L. Mears Construction. lnc.. for $1.202.42. increasing the amended contract amount to $117.604.92 (PW-4) This contract was awarded by the City Commission to Barrv L. Mears Construction Inc. of Clearwater on June 18, 1992 for $107,000.00 to construct a concrete bicycle path from the city park on Old Coachman Road at Alligator Creek to Cliff Stephens Park on the east side of U.S. 19. On October 7, 1992, Administrative Change Order No.1 was approved to increase the contract by $9,402.50 for additional clean fill material to elevate the path near the County's retention pond. The current change order, totalling $1,202.42 is the second and final requirement to complete the project. This agenda item is submitted because the sum of the two change -....-J orders exceeds the $10,000 maximum allowed administratively. minws01 a.93 10 01104/93 .... ,', I. . , ',' , . '.' '. '.' . ." . '. . ~ ". ' . ~ .. ,. , . ~ .' ~ Commissioner Deegan noted funds are available in the bicycle path extension code and questioned if costs are being routinely over budgeted. Mr. Baker stated funds are annually deposited into certain disbursement codes and they can build up if not used, which is the case in this situation. Ratify & Confirm C.O.n1 to Marshall Street South Interceptor Repltlcement Be Reclaimed Water Supplv Contract to KamminQa & Roodvoets. Inc" Tampa. F~. increasing scope of work & value of contract by $97.388 for a new total of $2.862.0G8 and includes a time extension of 49 calendar days for completion of project (PW-5) The scope of this project is to replace the Marshall Street South Interceptor Sewer from the Marshall Street Treatment Plant to Cleveland Street and to install a Reclaimed Water supply line from the treatment plant through the Clearwater Country Club to Drew Street. During the construction process, it was determined additional work was needed at the south end of the project adjacent to Cleveland Street at Lady Mary Drive. To accommodate an elevation conflict between the 24-inch City sewer lines and the Florida Department of Transportation (FOOT) 36-inch storm sewer, a conflict manhole was installed in the north curb line of Cleveland Street on the center line of Lady Mary Drive. At the request of the Public Works Department the City Manager approved, on an emergency basis, the construction of the conflict box in the amount of $25,658.00. This approval was necessary to complete the restoration of Cleveland Street and Lady Mary Drive in as short a period as possible. The work is now complete and restoration of Lady ~ Mary Drive is in progress. The original scope of the work in Phase 1 was the extension of the Interceptor Replacement to the south of the businesses adjoining Cleveland Street. Based on the request of the owner of Steve's Detailing, located on the southeast corner of Lady Mary Drive and Cleveland Street, Public Works requested and received the City Manager approval to extend the pipe construction of Phase 1 to the south side of Steve's Detailing. This work was already planned to be included in Phase 3, scheduled for advertisement in January, 1993. The extended pipe work is approximately 400 feet long and is described in item 2 of the Change Order in the amount of $71,730.00. This extension of the work will allow the access to Steve's Detailing to remain undisturbed during the construction of Phase 2. The total cost of this additional work is $97,388.00. The contract time will be increased by 49 calendar days. Staff recommends approval. Mr. Baker clarified the problems, stating the engineering plans did not include an FOOT storm drain.' While constructing a City sewer line, the storm drain was encountered unexpectedly and required installation of the conflict box in Cleveland Street, to allow the continuation of the gravity fed lines. He stated there is no new work Of cost involved, just the rearrangement of tasks to allow getting past Steve's Detailing without additional trauma to the business. Commissioner Deegan requested clarification and it was indicated there is no change in ,......) the amount of money, just rearranged to accommodate moving up one task up into Phase 2. minws01 a.93 11 01 (04{93 . """ " " . .....' >,. "" .", I ." . '.. f~ Purchase Qf strip of land 115' wide by 332.10' & containing .a..e..191 sq.ft. bordering Stevenson's Creek channel through St. Cecelia School grounds property from the Diocese of St. Petersburg for $94.000 and related survey & closinq costs Of $3.506 for a total of $97.506 (PW-6) The purpose of this purchase is to acquire property for the installation of Stevenson's Creek Drainage Improvements Phase 2 and Marshall Street South Sanitary Interceptor Replacement Phase 2. Stevenson's Creek Improvements Phase 11 is currently in the permitting stage with the regulatory agencies. Completion of the permitting process is expected in the Spring of 1993. This storm drainage improvement project will reduce house flooding and lessen channel erosion. The section of the Stevenson's Creek improvements from Pierce to Court Streets involves a wider, earthen channel without paving and runs a distance of approximately 1,339 feet. With the exception of the City's Oavid Martin Soccer Field, this section of the creek is privately owned and will require drainage easements or property purchases from Coldstream Condominium and from the Diocese of St. Petersburg where the creek traverses the grounds of St. Cecelia School. Necessary easements have been obtained from Coldstream and accepted by the Commission. The Diocese did not wish to retain liability for the widened creek across its property and requested the City purchase the land required for the project. The .876 acre parcel was appraised at $94,000.00 on June 3D, 1992. Closing and survey costs are estimated at $3,506.00. The Diocese has agreed to self the property to the City at the appraised value determined by the City-hired real estate appraiser. (/. ,\ t;~~{" "to.' Staff recommends purchase of the subject property as necessary to complete the channel improvements to be made in this area of Steveflson's Creek and to complete the replacement of the Marshall Street South Interceptor. Mr. Baker, referring to a map of the area, outlined the project. He pointed out the areas where wide earthen banks are feasible versus areas where narrower hard lined banks are needed. He stated wide banks are possible in the subject area and can be built according to Commission direction. However, property 115 feet wide is needed to accommodate a sufficient volume of slow velocity water to avoid "blowing out" the creek banks. He stated the Church was not interested in maintaining an easement and requested the City purchase property for the easement at its appraised value. He felt the price is fair and said an easement is needed for the sewer line, even if the Stevenson's Creek project does not proceed. In response to questions from Commissioner Deegan, Mr. Baker said permitting for Phase II of Stevenson's Creek is 90 percent certain. Commissioner Berfield questioned if purchase of the property could be tied into obtaining the permits. The Mayor expressed concern the water will still come through whether or not the permits are obtained. Commissioner Fitzgerald explained this scenario, for the sloped- sided earthen banks, is the most desirable way of working with the creek at this location; however, alternatives are available. Mr. Baker agreed that the controversy was over hard lining the banks. .-J .' minwsOl a.93 12 01/04/93 , :, . .' ' . ' . .' ,',' " . , ,~. ,..~ ' . . '," .' ~, ~ Commissioner Deegan questioned the timing and Mr. Baker responded permit approval is pending subject to DER plans review. He expects their response within 30 to 60 days and their decision is open to challenge. AGceptance of offer of $17.005 by ..,lames M. Seymour. Sr. to Durchase ciW surplus propertv located at 1002 N. Garden Ijve,. Joseoh J. Eldridge Sub.. elk C, Lot 31 (PW-7) After default on a CDBG rehabilitation loan, the City acquired the house at 1002 North Garden Avenue through foreclosure in June, 1992. On September 17, 1992, the City Commission declared this property surplus. An appraisal made October 7, 1992 estimated the market value as $16,500.00. In compliance with City Purchase Department regulations, the property was advertised for bids. Of the two bids received, the high one for $17,005.00 from James M. Seymour, Sr. is preferred. Mr. Seymour js employed by the City of Clearwater as Pesticide Supervisor in the Nursery Division of the Parks and Recreation Department. He has had no professional connection with the property prior to it being declared surplus and offered for bid. Mr. Seymour's bid complies with all terms, conditions and specifications of the Invitation for Bid, with Purchasing Department regulations and the requirements of the City Charter. Staff recommends acceptance of his offer subject to him obtaining financing in the amount of $12,750.00. The sale is to close by February 19, 1993. Closing expenses, estimated at $480.00, are to be paid by the City from the Non-HUD Housing Rehabilitation Fund. ~ ~ Mr. Wright stressed there is no specific prohibition against a City employee purchasing property under a sealed bid arrangement. In response to a question from Commissioner Deegan, he stated he did not feel Mr. Seymour had prior access to the appraisal; however, appraisals are public record after they are submitted to the City. Mayor Garvey questioned the housing inspector's report relating to the repair and/or replacement of jalousie windows and damaged interior doors. She expressed concern with requiring interior work of this type, feeling it is excessive to mandate what a property owners may do with the interior of their properties. Planning and Development Director Jim Polatty responded the report states what is required by the minimum housing code and there are a variety of ways these issues may be addressed by the property owner. He is to prepare a memo responding to specific concerns. Declare as surplus approximately 666 acres of citv-owned property in Hiflsborough County referred to as the "sludge farm" (CM-1) During the early 1980's, the City purchased approximately 903 acres in HlIlsborough County for the disposal of sludge produced by the City's wastewater treatment plants. The property is in the Brooker Creek watershed area of northwest Hillsborough County, south of Tarpon Spring-Lake Fern Road. , ,--.-J In April, 1991, the City exchanged 57.3 acres along Patterson Road for waterfront property of equal value on Island Estates. In addition, the City granted the same party an option until July 1, 1993 to purchase another 192.67 acres, also on the east side of Patterson Road. minwsOl a.93 13 01/Q4/93 -' . " . .. .,~' . ' .., '., '. '.. .':' ,. . ~ ~"'. ~". . \ ., t,. '. ~~. r} Staff is currently negotiating the sate of the 415 acres west of Patterson Road to the HiIIsborough County Environmental lands Acquisition Program (ElAPP). The balance of the property, approximately 251 acres east of Patterson, will be advertised for sale through the public bid process. The City ceased operation of the land spread of sludge in August 1991 and has no further use for the property. Briley Wild and Associates, the City's engineers of record, have issued the appropriate letter required in the City's Water and Sewer Revenue Bonds documenting the surplus status and certifying that the sale or other disposal will not adversely affect the gross revenues of the system. The Mayor questioned if this land is likely to be purchased by Hillsborough County. Assistant City Manager Betty Deptula stated the Commission, setting a dollar limit, authorized staff to pursue restoration of this pasture land and a report was prepared. HilIsborough County has asked for an environmental site assessment and quotes from approved contractors related to restoring the land are due this week. She estimated the costs would amount to less than $10,000. After an official survey of the site, an independent appraisal would be done and she expects closing by early Spring. In response to a question from the Mayor, Ms. Deptula stated the restoration plan will not be implemented unless Hillsborough County agrees to buy the property. She said a portion of the money would be escrowed at closing and dedicated to the restoration. ( ...,") Maas Brothers building RFP (CM-1) ~ Discussion ensued regarding the item. \ Commissioner Deegan expressed concern that, in the goal setting session, it was decided the Community Redevelopment Agency (eRA) would pay to build the parking garage. Mr. Wright responded the eRA may not have sufficient funds to do this and suggested trying to leave the options open. Mayor Garvey stated the first discussions at the goal-setting meeting did not leave much time to think about options far the project and she agreed with the open-ended concept of CRA involvement. Commissioner Fitzgerald also liked the flexibility of the open-ended concept and did not want to see the CRA tied down to paying for the entire project. Discussion continued concerning the goal-setting procedures, whether or not the CRA should fund the parking garage, what is wanted for developing the bluff, factoring Calvary Baptist Church into the plans, whether or not to lease the property and the market assessment for the site. Mr. Wright raised the question of whether or not the issue will go to referendum and, if so, what the language would be. It was indicated a Charter change will be needed to lea,se the property for longer than 15 years. The meeting was recessed from 11 :30 to 11 :49. Receive Sorin Development Agreement and refer to City Maoager for further negotiations and to City Clerk for advertisement for DubHe hearing when the Manager determir18s it's readv for '-..-J public consideration (PlD-1 J minws01 a.93 14 01/04/93 , , , , . , ' . . I. .', . .',' L_ ~ The City Code makes provisions for the City to enter development agreements with property owners. Staff has received a rE$quest for a development agreement between the City and Mr. Murray Sorin contemplating the construction of a retail development of up to 140,000 sq. ft. on property located on the south side of Gulf.to-Bay Boulovard at its intersection with Old Coachman Road. The proposal includes the payment of transportation impact fees associated with this level of development. Payment of these fees would allow the property to be temporarily "vested" with regard to concurrency requirements for transportation for the length of the development agreement. Two public hearings are required before the City Commission as well as a public hearing for the purpose of recommendation before the Planning and Zoning Board. The agreement has been reviewed by the City Attorney and City Traffic Engineer for form and impact fee payment schedule. If the Commission determines that negotiations concerning the development agreement should go forward, a more detailed development proposal will be required. The City Manager outlined the proposed developer's agreement and requested Commission direction regarding whether or not staff is to proceed with this item. Jim Polatty explained the purpose of this development agreement is to approve a site plan, which for various reasons the owner did not want to take to the Development Review Committee for review. He stated the Commission is being requested to approve the site plan for this strip shopping center with two outparcels. ................, ......,..1 Mayor Garvey questioned whether or not two outparcels are wanted. Mr. Wright stated the developer is buying capacity on State Road 60 and some kind of development order is needed from the City. The property will be sold to another owner. He stated a more complex developer's agreement w ill go into a lot more detail. Commissioner Deegan questioned the item pertaining to the request for site plan approval. It was indicated this is a conceptual plan which is only in the preliminary stages and the applicant must meet a lengthy list of conditions which will be part of the development package. Mayor Garvey questioned if two access points are needed or if access should be limited to the drive at the traffic signal. It was indicated that is part of the final review and the Traffic Engineer has reviewed the item. The site is approximately ten acres with 500 foot frontage. - Mr. Wright stated this is a new approach which has not previously been seen by the Commission. Mr. Polatty indicated the Commission is not giving final site plan approval, but accepting a conceptual plan for the City Manager to begin negotiations. Clarification was requested and discussion ensued regarding the issue of buying capacity and whether or not the property must be developed within five years. Mr. Polatty explained the procedure regarding concurrency calculations. Mr. Wright advised if the Commission wants development on a first come, first served basis, that this developer's agreement should , not be approved. Discussion ensued regarding the capacity issue related to other commercial '.....,,; developments in the City. m\nwsOl D.93 15 01/04/93 , . ,'. . . , , ',' '.. . .' . .. ',' > ,':, " ~ \. . ~ . . . . ',. , -- ;>'I'~"" , ~ ' ~ , In response to a question from Commissioner Deegan, Mr. Wright stated about half of the $317,000 in traffic impact fees comes to the City. Commissioner Deegan indicated he Is satisfied with granting the capacity; however, did not wish to give final site plan approval at this point. Discussion ensued regarding whether or not the transportation impact fee would have to be refunded if development did not proceed. Mr. Polatty stated the developer's agreement is an attempt to deal consistently with the concurrency problems on Gulf-to-Bay. Commissioner Deegan questioned if the refund clause is typical. It was indicated this has not been typical; refund provisions are not usually included in developer's agreements. Commissioner Deegan felt if the developer is having trouble and needs this kind of an agreement to help market the property, the City should not be the one to take the chances. He was in favor of deleting the refunt! clause. Mr. Polatty stated City Attorney Galbraith has submitted a memo stating the applicant has asked for a ten-year agreement due to a change in State law. Mr. Galbraith stated the City code only allows for a five-year agreement and will draft an ordinance amending the Code from five to ten years. Mr. Wright agreed with the Commission's no refund position because, in theory the money could reasonably be spent in other areas prior to the expiration of the contract period. f~<"} "!Tiff.' Commissioner Berfield questioned how near is Gulf-to-Bay to capacity. Discussion ensued regarding the capacity issue in the general area. It was indicated the service level varies according to location and the capacity has increased on SR 60 due to road widening and opening the Bayside Bridge. Staff is to provide additional information. Commissioner Deegan asked, prior to directing the City Manager to go forward with negotiations, whether or not staff is comfortable with the remainder of the agreement. Mr. Wright stated full-blown discussions on all 20 conditions for approval will not be pursued until Commission authorization is given to go forward. Mr. Polatty stated there are also transportation issues that need to be nailed down. He indicated every issue is subject to renegotiation. Mr. Wright stated partial negotiations are to be brought before the Commission as they proceed and this item is meant to give an overview of the concept being proposed. This is not the final agreement. Discussion ensued regarding other points in the conceptual plan. In response to a question from Commissioner Berfield, it was indicated this proposal is similar to a Development of Regional Interest (DR!), but about $100,000 cheaper. Beautification Committee - 1 aotJointment (CLK-l) Li!;lrary Board ~ 2 aopointments (CLK-2) u Mayor Garvey stated she would like to see Jean Rivers on the Library Board. Commissioner-Appointee Hodges indicated Ms. Rivers' specialty is beautification and she felt she would do well there. The Mayor yielded the point, stating there was some attention being given to assuring board membership from all areas of the City. minws01 a.93 16 01104/93 . <. . . ," '. r , t. .' . . . . ... ,...... . ~ Community Relations Board. 1 aODointment (CLK-3) I' Mayor Garvey asked if Commissioner.Appointee Hodges wished to continue this appointment to allow her the opportunity to suggest some different applicants. Ms. Hodges indicated she was satisfied those currently on the list would serve well. Neighborhood Advisory Committee - 3 appoiotments (CLK-41 Mayor Garvey stated three appointments are needed from East Clearwater and questioned if the boundary list was sent out. City Clerk Cynthia Goudeau responded that information was sent and copies would be provided prior to Thursday night's meeting. R~s. #93-4 - Amending Rul~ 5 of the Rules of Procedure of the City Commission relating to the time of adjpurnment, to provide for adjournment at midnight unless the members of the City Commission in attendance at a meeting agree unanimously to extend the time of adjournment, and to provide for the automatic continuation of unfinished business; Amending Rule 1 3 of the Rules of Procedure. relatina to the amendment or temporprv suspension of the rules of procedure. to provide an exception for the Rule relating to time of adjournment; providing an effective date. . (".;:"'.) "'r.>" Commissioner Berfield raised questions about Rule #5 (1), regarding special meetings being called by any two members of the Commission. She also questioned how two members can agree to call a meeting without violating the Sunshine Law. Mr. Galbraith stated Rule #5 already is existing and the only change was to strike through some obsolete language. Mayor Garvey suggested writing a memo to all the Commissioners requesting agreement to calling a special meeting. Commissioner Berfield also questioned why it takes two Commission members when either the City Manager or the Mayor alone may call a meeting. Mr. Galbraith felt the theory behind the rule was to help limit the number of special meetings being called. He agreed a meeting could be requested in the form of a memo. It was indicated the purpose of this resolution is to look at the automatic adjournment rule. Discussion ensued regarding bringing back all the Commission rules for review once the new commissioner is in office. Rearranging the sequence of agenda items to facilitate finishing the meeting earlier was discussed. Commissioner Deegan suggested holding Rule #5 in abeyance until a time when all the rules may be reviewed. Mr. Galbraith responded to questions from Mayor Garvey and Commissioner Deegan regarding the resolution. He stated Town Meetings are the four regional meetings referred to in Rule #5. Discussion ensued regarding the rules pertaining to Town Meetings. Discussion ensued regarding Rule 13. Mr. Galbraith explained the purpose of the language is to avoid "game playing" with the rules. Commissioner Deegan questioned the warding of Rule 5 {41 regarding automatic adjournment. Mr. Galbraith said his direction was to follow Dunedin's example, in which adjournment was not optional. Commissioner Deegan felt more comfortable with having the option of stopping at midnight if it becomes apparent the meeting could continue for several '---./ more hours. The majority of the Commission agreed. Discussion ensued regar~ing mlnws01 a.93 17 o t 104/93 ~ ,4" j. , . . . ~ . ' "''II'''' " ..' ~ application of the adjournment rule. Commissioner Fitzgerald felt it is necessary to set a rule that requires taking a positive action to continue business after a certain time. Further discussion of this item was continued to Thursday. Mayor Garvey questioned if the Commission wished to consider starting earlier and whether or not to bring back all the rules for discussion. Staff was requested to agenda discussion of all Commission rules for the next work session. In response to a question. it was indicated Resolution 92-79 concerning the sign variance Rule 10 has been adopted; however, further discussion of Rule 10 may take place when all the rules are brought bank. City Manager Verbal Reports 1. Joint DDS/eRA Meeting The City Manager stated there was a request from the current chairman of the DDS to delay this meeting until the new board is seated. Consensus was to cancel the joint meeting of January 11, 1993 and reschedule for sometime in early February. Cpmmission Discussion Items ........'0\ f' 'f ~! 1. Pinellas County response to City regarding opening Dunedin Pass Pinellas County Commission Chairman Charles Rainey, in a December 15 letter, responded to an inquiry by Commissioner Deegan concerning opening Dunedin Pass. He stated he has reviewed the two engineering studies recently completed by the City. He noted there were vast differences in opinion of the two consultants regarding the permitting, construction and maintenance casts and the chances of success in obtaining the permits. He clarified the County's position that the City of Clearwater should accept the leadership role in obtaining community support for the pass opening, obtain the construction permit and bear the construction costs for the pass opening. The County would then be receptive to , assuming the normal annual maintenance costs of keeping the pass open. Mayor Garvey questioned if this is the formal position of the Pinellas County Commission or the opinion of one member. Mr. Wright stated he has not talked to the County Administrator and did not believe the County Commission has voted on the issue. He suggested an interlocal agreement if the City Commission wishes to go forward with this matter. The Mayor agreed there should be something in writing from the County that they agreed to follow up on the maintenance. Staff was directed to send a letter to Pine lias County asking whether or not they would enter an interlocal agreement with the City and what they would be willlng to do toward opening the pass. Mayor Garvey requested specific language in the letter asking for a decision by the County Commission as a whole. \~ minws01 a.93 16 01/04-J93 ", " ."" ' . " , , "' . I ' " '. :, '. " r~ l Commissioner Deegan, referring to strong public support of the issue, questioned if the City Commission is still unanimous agreement to open the pass. Mayor Garvey responded heT decision to support the issue was made prior to the County withdrawing thoir financial support of the permitting and construction costs. She expressed concern with having the City spend approximately $1.5 million and felt caution is in order. Commissioner Fitzgerald stated he would like to see the pass opened; however expressed concern with having the City commit the money for a project which the State may not agree to permit. He did not support taking legal action to obtain the permits. Discussion continued with regarding to getting clarification of the consultants' reports, the County's position, the cost of a fixed-span bridge from the mainland to Clearwater Beach and the reasons for opening the pass. While it was felt the transportation issue of helping boaters is significant, the environmental issues were felt to be more important. Water quality problems, transportation, recreation and mitigating damage to the Clearwater Pass Bridge were felt to be the most important reasons to open both Dunedin and Hurricane passes. It was noted that water quality is measurable and the studies have indicated it would be improved by opening the pass. It was indicated there is controversy at the State level regarding whether or not to dredge passes of this type. Direction was given to invite Mr. Walther to the first available Commission work session to clarify his report. !' ''''''} ~)'i"rll' 2. Environmental Advisory Committee Recommendations In a letter dated December 10, 1992, the Environmental Advisory Committee (EAC) submitted its recommendations concerning City environmental priorities. Mr. Wright stated the letter is the result of a presentation heard by the EAC. He said it will be necessary for the Commission to hear the same presentation in order to understand the recommendations. Discussion ensued with regard to the item. Consensus was to schedule a presentation by Tom Miller, clarifying what the issues are. The EAC would then be asked ~o prioritize the issues. 3. Jim Graham's request to allow replacement of one nonconforming use with another nonconforming use of equal or Jesser intensity Mr. Wright explained this is a citizen's request for a code amendment to allow a zoning change for a specific site on Clearwater Beach. Mr. Galbraith said Planning and Development staff drafted the proposed ordinance and he expressed concern with it due to a number of practical problems. Discussion ensued regarding the difficulty in defining "equal or lesser intensity." The Commission did not support allowing continued non-conformance. Consensus was not to proceed with the ordinance. 0,....) Other Commission Action minws01 a.93 19 01/04/93 ~, " > It.' I, ' L' I . . 4. '.. . .' , I. ' . .. ....... r ~t,~. .. ~ . ~ MaVOf Garvev questioned the County's status with the bike trail. Staff is to investigate . .. ~ and provide information. The Mayor requested information on the Neighborhood Housing Service (NHS) bylaws regarding City employee membership. Staff is to report. The Mayor requested an update concerning a letter she received relating Meadowlark Lane. Mr. Wright stated that project is currently on hold pending receipt of additional information' including a historical perspective. He will prepare a response and schedule for the next meeting. ' Commissioner Berfield questioned if there will be any response from the Commission to Tim Mariani's request regarding the art center. Staff was requested to respond. ' Commissioner Berfield referred to a December 31, 1 992 letter from the Sunset lake Resident's Association concerning vehicle parking related to the Celebration Station amusement park. She felt the City should respond to their concerns because of the scrutiny given to approval of the annexation. Mr. Wright stated he has not seen the letter. Staff is to provide background information and prepare a response to the Commission. Commissioner Deegan commented on the importance of hospitals and health care to this country. He distributed copies of an article relating to the Canadian health care system for information purposes. ' C) Ms. Goudeau stated she responded to a letter from Mr. Elliott regarding his request to address the Commission. She has requested clarification in writing. The Mayor stated they would like to know what his issue is and what points he wants to bring up. She expressed concern with continuing to accommodate him in light of his threats of lawsuits. The meeting was adjourned at 1 :17 p.m. u mlnws018.93 20 01/04/93