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,'J COMMISSION I
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" City Commission Minutes
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CITY COMMISSION MEETING
February 13, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Monday, February 13, 1995 at 1 :01 p.m., with the following members present:
Rita Garvey
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, /I
Absent:
Fred A. Thomas
Also present:
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Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Cynthia E. Goudeau
Patricia Sullivan
Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Vice.Mayor ICommissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Clerk
Board Reporter
The Mayor called the meeting to order. The invocation was offered by William C.
Baker, Assistant City Manager. The Mayor led the Pledge of Allegiance.
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In order to provide continuity for research, the items will be fisted in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards
Six service awards were presented to City employees.
Catherine Yellin, Marine Department, was presented the February 1995 Employee of
the Month award.
The Commission recessed to meet as the CRA and Pension Trustees at 1: 15 p.m.
The Commission reconvened at 1 :34 p.m.
ITEM #3a - SwearinQ-in of 11 Police Officers
The Oath of Office was administered to eleven Police Officers.
ITEM #3b ~ Swearina-in of Americoros memtler~
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The Oath was administered to 15 Americorps members.
The City Commission recessed from 2:14 to 2:25 p.m.
ITEM #4 - Aoproval of Minutes
Commissioner Deegan moved to approve the minutes of the regular meeting of
January 3D, 1995, two special meetings of January 30, 1995, and special meeting of
January 23, 1995, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #5 - Presentations - None.
ITEM #6 - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #7-9) - Approved as submitted.
ITEM #7 - Contract for Harbor Drive Storm DrainaC1e R&R Imorovements to MTM
Contractors, Inc., Pinellas Park, Fl, for $104,952.50 (EN)
ITEM #8 - Drainage and utilitv easement - lying southerly of and adjacent to Lot 25, Blk.
E, Avondale Sub. (Lafferty &. DeLario)(CA)
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1,........,.; ITEM #9 - DrainaQe and utility easement - lying northerly of and adjacent to Lot 25, Blk. E,
Avondale Sub. (Arlene & Clifford Smith)(CA)
Commissioner Berfield moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanim ously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #10 - Beach Town MeetinQ Follow UP ~ Redevelopment Plan/Streetscape - Mandalay
& Baymont
Due to Commissioner Thomas' absence, this item was continued to February 27,
1995.
ITEM # 11 ~ Discussion re LED siems (CP)
Central Permitting Director Scott Shuford attended a recent National Electric Sign
Association (NESA) Conference in Atlanta and reported via memorandum that LED signs
ara becoming more common. The Countywide Sign Code restricts lED signs, except as
temporary signage to accomplish a particular purpose. If the Commission wishes to follow
the intent and letter of the Countywide Sign Code, LED signs would not be allowed unless
restricted to an infrequent message change. Mr. Shuford recommended the City permit
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freestanding or attached LED signs. as long as the message for these signs does not
change more often than eight times per day.
The Mayor questioned how the limitations on the message change would be
enforced. Mr. Shuford agreed enforcement may be difficult, but noted staff wanted to
stop continuous message changes.
Commissioner Deegan requested an interpretation of the word "changing" and
questioned if a constantly scrolling sign is considered to be Uchanging." Mr. Shuford said
that is correct. Mr. Shuford said no limitations are proposed for interior LED signs.
Commissioner Fitzgerald questioned if the message length had to fit on the board at
one time. Mr. Shuford said scrolling a message would not be permitted.
Commissioner Deegan questioned if there had been any requests for LED signage.
Mr. Shuford said the concept has been discussed. He did not know of any specific LED
sign requests. Current code allows the message to change three times a day.
Mayor Garvey suggested initiating a trial period or pilot program to get an idea of
the effect of these signs. Commissioner Berfield questioned if the County has allowed any
LED signs. Mr. Shuford said he did not know of any, He indicated existing LED signs
were erected prior to establishment of the Countywide sign ordinance. The Mayor
expressed concerns regarding the difficulty of enforcement. Mr~ Shuford wished to bring
this forward with the comprehensive changes to be made to the sign code.
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',-.J Commissioner Fitzgerald expressed concerns with "opening Pandora's box.,t He
noted the Countywide ordinance originally prohibited changing LED signs. Commissioner
Deegan noted LED signs were permitted as long as they did not change more than three
times a day. The Mayor questioned why eight changes should be permitted. Mr. Shuford
said if a business owner was interested in this type of sign, it would be more practical jf
more frequent changes were permitted. He noted eight changes per day would not
resemble a flashing, animated sign. The Mayor pointed out the needs of a restaurant for a
changing sign differ greatly from the needs of a shopping center with multiple stores.
Commissioner Berfield questioned how the City currently enforces the limit of three
changes per day. Mr. Shuford said there are no such signs in the City so it is not a
problem. Commissioner Deegan suggested staff monitor signs for which permits are
requested and report their findings. Mr. Shuford pointed out the signs are expensive and
therefore, he did not believe the requests for them would be frivolous or frequent.
Commissioner Deegan said he could see a benefit to businesses who can afford the
signage.
Consensus was to bring back this recommendation as part of other proposed sign
code changes.
ITEM #12 - Aoorove ranking of enoineering firms for the Citv's "Enaineer of Record": 1)
Post, Buckley, Schuh & Jernigan. Inc.; 2) HDR Engineering, Inc.; 3) Tampa Bay
Engineering, Inc.; 4) McKim & Creed, Inc.; authorize negotiations with top ranked firm (EN)
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On October 1, 1994, the City's current "Engineer of Record" contract with Camp
Dresser & McKee (COM) expired. Under a Request for Qualifications (RFO), the City
advertised for a full service professional engineering consultant firm versed in all aspects of
civil/mechanical engineering and able to meet the City's growing engineering related needs.
The City Manager received 15 response qualification packages that were evaluated
according to the RFQ guidelines and included an analysis of individual firm technical ability,
fullness of resources, experience, permitting expertise and availability.
The analysis culminated in "short-listing" four consultants: 1) Post, Buckley, Schuh
& Jernigan. Inc.; 2) HOR Engineering, Inc.; 3} Tampa Bay Engineering, Inc.; and 4) McKim
& Creed, Inc. On January 13, 1995, the four firms made oral presentations to the
selection committee. The ranking resulted from the selection committee's decision, based
on each firm's oral presentation.
Upon Commission approval of the ranking, staff will negotiate and bring forth a
separate agenda item outlining suggested contract concepts for Commission approval prior
to any furtherance on this item. A contract including City Commission recommendations
will be presented for Commission approval at a later date.
Commissioner Berfield questioned if COM could have rebid. The City Manager said
they could have rebid. Assistant City Manager William Baker indicated COM chose not to
bid.
Commissioner Deegan noted the Commission's acceptance of the ranking without
...._\ reviewing the proposals indicates the Commission's confidence in the staff.
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Commissioner Deegan moved to approve the Consultant Selection Committee's
ranking of prospective engineering firms for the City's "Engineer of Record"; 1) Post,
Buckley. Schuh & Jernigan, Inc.; 2) HDR Engineering, Inc.; 3} Tampa Bay Engineering, Inc.;
and 4) McKim & Creed, Inc.; and authorize negotiations with the top ranked firm in
accordance with the Consultants Competitive Negotiation Act. The motion was duly
seconded and carried unanimously:
ITEM #13 - Sailina Center Business Plan
The Sailing Center is under the direct management of the Harbormaster, who is
assisted by the Assistant Harbormaster. A Sailing Center Coordinator and Recreational
Leader work on-site.
In FY 1994195, projected revenue is $29,000, projected donations are $6,000 and
projected expenditures are $11 O.GSO, leaving a difference of $75,680. The difference
between the revenues and the expenditures is funded by the City's General Fund.
Recreational impact fee funds will be requested for any new construction.
Harbormaster Bill Held reported a software package was used to develop the
business plan. The 18 member Sailing Center Committee and Marine and Sailing Center
staff worked on this plan.
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Mr. Held noted the Center is located on Sand Key and the building's first floor has
office space, a maintenance room, boat storage, restrooms and showers. The second floor
has rental space for meetings and receptions. Currently, rentals are limited to Friday and
Saturday nights.
Mr. Held noted in Fiscal Year (FY) 1993/94, the Sailing Center taught 292 students
in sailing classes and five in Resort Sail classes. Other classes for which fees are colle,cted
are: Watercolor Painting; Yoga; and Line Dancing. A membership program was established
and facility hours were extended without an increase in staff. Plans are being developed to
increase revenue/donations and to "Close the Gap" between revenue/donations and
expenditures. Donations to the Sailing Center from the Windjammers of Clearwater, local
citizens and other organizations aro anticipated to continue.
The Sailing Center's objective is to be propelled into a prominent position within the
sailing community and be in a position to expand within five years. The plan to reach this
objective includes: 1) Continuing the campaign to promote the Center and take full
advantage of the facility; 2) doubling the fleet used for instruction and the membership
program by FY 1999/2000; 3) increasing the number of contract instructors to meet
demands; 4) increasing staff by one part~timB employee to support and sustain growth and
meet demands of increased room rental and classes; 5l increasing revenue of $29,000 and
donations of $6,000 in FY 1994/95 to $53,000 in revenue and $8,500 in donations in FY
1999/2000to "close the gap" from 31.6% to 47.2%; and 6) developing plans for a
floating dock.
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The marketing strategy consists of increasing the number of sailing students,
appealing to building rental customers, reaching sailing organizations, and demonstrating
the City can provide a quality facility with excellent customer service. Students will be
attracted via: word of mouth; summer activity flyers; the City's Video Bulletin Board; Parks
& Recreation publications; distribution of Sailing Center pamphlets to organizations; and
contacting television stations regarding local interest stories. Mr. Held reported caterers
are recommending the Sailing Center for wedding receptions, etc.
The Sailing Center provides educational and recreational opportunities to people of
all ages. Sailing activities include: boat launching & retrieving; boat storage; club
membership program; basic sailing classes; resort sailing program; intermediate sailing
classes; advance sailing classes (planned); scholarship program; Junior Jammer program;
and regattas. Non.sailing related activities include: watercolor painting; yoga; line dancing;
meetings & seminars for City departments and non-city organizations; and building rentals
for meetings. parties and receptions. Mr. Held said the Sailing Center had three regattas
last year and has scheduled five for this year.
A Sailing Center Committee, made up of highly qualified members of the sailing
community, meets monthly and acts as advisors for the operation of the Sailing Center.
The Committee assists the Sailing Center Team in making appropriate decisions and in
taking effective action.
Mr. Held noted the need for an additional part-time employee to carry out the
business plan's goals and objectives. Some projected demands are: additional room
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rentals; sailing instruction; increased customer relations: increased regattas: repair and
maintenance of larger fleet of vessels; assist with Sailing Center's marketing; and assist
with the supervision of Sailing Center instructors, The present staff of two full time
employees is stretched thin running a seven.day a week operation. Mr. Held said a part-
time employee would permit Sailing Center to open the building for rental on evenings
other than Friday and Saturday.
The Sailing Center plans to develop new methods to increase revenue and enhance
customer service by: 1) developing plans for a floating dock; 2) increasing the number of
sailing regattas; 3~ increasing instructional class revenue by $2,000 annually; 4)
conducting at least one fund raising activity each year (other than Carlisle Classic); and
doubling the fleet of Sailing Center vessels used for instruction and the membership
program by FY 1999/2000. Mr. Held reported the Marine Advisory Board has strongly
endorsed that the floating dock be made permanent.
Mr. Held indicated information on spring sailing classes and other activities at the
Sailing Center will be presented on C-View, Channel 35.
Mr. Held introduced Ted O'Brien, Vice-Commander of the Windjammers. Mr.
Q'Brien indicated staff had done a lot with only two members. He said Mr. Held is
cooperative and sensitive to the needs of the public. Mr. Held introduced Laurie Schultz,
Sailing Centel Coordinator.
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Commissioner Deegan offered congratulations to Mr. Held, staff and volunteers for
developing the Sailing Center's business plan. He noted all Enterprise funds go through the
process, which is a learning experience. He said the process is also risky because it raises
questions. He expressed concern with Mr. Held's conclusion that the /lSailing Center can
never pay for itself." The City Manager indicated the Sailing Center is not an enterprise
fund but a general fund. Commissioner Deegan said the Sailing Center will be supported
by the general fund until it can be self-sustaining. He hoped someday that would be
possible.
Commissioner Deegan expressed concern that the income from launching fees and
boat storage was level in the five-year projection. He hoped income from these fees would
increase in the next five years. He indicated he was glad to see a permanent dock was
being considered.
Commissioner Deegan expressed concern regarding the charge for employee time of
$1 0 an hour straight time and $1 5 an hour, overtime. He felt the minim um charge should
be $12.50 per hour, He requested the City Manager review how these two employees
handle their flex time. The Mayor questioned the normal employee charge for other City
buildings. Mr. Held indicated the rates are $10and $15. He suggested these rates need
to be increased Citywide.
The Mayor thanked Mr. Held and staff for the excellent report.
ITEM # 14 - Res. #95-18 - Awarding sale of $10,720,000 Improvement Revenue Bonds,
Series 1995. to William R. Hough & Co. (FN)
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Improvement Revenue Bonds, Series '1995, will finance the construction and related
furniture and equipment needs of the Police Station portion and one-half of the parking
facility of the municipal services/public safety and Police complex. On October 6, 1994,
the Circuit Court of the Sixth Judicial Circuit validated this issue. Florida's Supreme Court
affirmed the issue on January 9, 1995. This issue was advertised for competitive public
sale scheduled for 2:00 p.m. on February 13, 1995.
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Each bidder has the option to bid insured or uninsured bonds. The winning bidder is
determined by taking this option (cost of bond insurance if elected) into account. Out of
bond proceeds, the City can fund a debt service reserve of approximately $880,000 or
purchase a debt service reserve surety bond and reduce the bond issue's size. The
decision will be made with the assistance of the City's Bond Counsel and Financial Advisor
and will be based upon factors including requirements imposed by the surety bond issuer,
arbitrage regulations, interest rate projections, the possibility of refunding at a future date,
etc.
Finance Director Margaret Simmons distributed copies of the Preliminary Official
Statement and bids received. She indicated the sale was competitive and had seven
bidders. The lowest rate was 6.0279%. All proposals were, bid with insurance which
makes the bonds AAA. It wets decided to do a debt service reserve surety which lowered
the principal amount of the bonds. The City purchased an insurance policy rather than
putting $880,000 into a debt service reserve.
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The City Manager said staff had originally estimated the sale at $12.5-million but
the total is down to $10,720,000. Ms. Simmons indicated the bonds are for the Police
facility and half of the parking garage.
Commissioner Deegan questioned what the insurance policy is. Ms. Simmons said
there are two insurance policies. One is to purchase a debt service reserve fund surety
bond. Instead of putting $880,000 into an account to guarantee the City would payoff
the debt, the City purchased an insurance policy. David Thornton, of Raymond James and
Associates, said the policy costs 2.5% X $880,000 or $22,000. Commissioner Deegan
questioned if that is a one time charge. Mr. Thornton indicated it is. Commissioner
Deegan questioned if the term of the policy covers the entire length of the bonds. Mr.
Thornton indicated it does. Commissioner Fitzgerald questioned if the bonds are for 30
years: Mr. Thornton indicated they are.
Commissioner Berfield moved to award the sale of $10,720,000 Improvement
Revenue Bonds, Series 1995, to William R. Hough & Co., who submitted the best bid in
accordance with the terms of the Notice of Bond Sale and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-18 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-18 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Fitzgerald, Barfield, Deegan and Garvey.
;'Nays": None.
Absent: Thomas
ITEM #15 - Res. #95-15 - authorizing execution of railroad reimbursement agreement with
FOOT and CSX Transportation, Inc. (EN)
The Florida Department of Transportation (FOOT) is upgrading the railroad crossing
signals on Turner Street from flashing signals to flashing signals with gates. This upgrade
requires a future maintenance agreement of the railroad grade crossing control devices.
The three-party Agreement provides for CSX Transportation, Inc. (CSX) to install
grade crossing traffic control devices at the Tunier Street location. Upon completion,
FOOT will reimburse CSX for all actual ,costs attributable to the project. The City is not
involved financially in this part of the agreement.
The City and CSX will each be responsible for 50% of the annual cost of CSX's
operation and maintenance of the devises. The City will be responsible for $1,058.50 of
the total maintenance cost of $2,117. The first maintenance payment will be due in the
1995/96 budget year, Clearwater has reimbursement agreements for 17 other railroad '
crossing locations within City limits.
"Ayes": Fitzgerald, Berfield, Deegan and Garvey.
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Commissioner Berfield moved to authorize the execution of a railroad reimbursement
agreement with the FOOT and CSX. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #95-15 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #95-15 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Nays": None.
Absent: Thomas
ITEM #16 - Accointment of Commission member to reoresent the Commission as the
CanvassinQ Board for the 03/14/95 General & Scecial Election (eLK)
Section 101.5612 Florida Statute provides for testing the tabulating equipment to
ascertain if the equipment will correctly count votes. It further provides that the
Canvassing Board shall convene at this time or the Board may appoint one of its members
as representative. The test, open to the press and public, is conducted by processing a
pre-audited group of ballots so punched as to record a pre-determined number of valid
votes for each question. The test is repeated on election day before the start of the ballot
count and again, immediately after the completion of the ballot count.
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Tests will be conducted at the Election Service Center, 14255 49th Street N,
Building 2, Suite A, Clearwater, March 9, 1995 at 2:00 p.m., March 14, 1995 at 11 :30
a.m., and March 14, 1995, after completion of the official ballot tabulation.
Commissioner Deegan moved to appoint Commissioner Fitzgerald to represent the
City Commission on the Canvassing Board. The motion was duly seconded and carried
unanimously.
a) Confirm time of March 15. 1995 Canvassing Board meetinQ
The City Charter requires the City Commission to meet as the Canvassing Board
within 24 hours of the closing of the election polls. The Canvassing Board meeting was
scheduled for 12:00 noon, March 15, 1995.
ITEM #17 - Other Pendina Matters
aJ Status Reoort & direction re Tower. Pavilion & Life Guard Station
Due to Commissioner Thomas' absence, this item was continued to February 16,
1995.
CITY ATTORNEY REPORTS
ITEM 1118 - Other Citv Attornev Items
>-~\ aJ Discussion fe orooosed ordinance orohibiting solicitation of oropeftv oosted with "no
'....j solicitationll silJns
The City Attorney received complaints from a Clearwater resident about the
, annoyance caused by uninvited solicitors. The City Attorney requested Assistant City
Attorney Rob Surette to draft an ordinance prohibiting uninvited solicitors from soliciting on
the premises of a private residence when the owners or occupants have exhibited an
expectation of privacy from such solicitations by posting or placing "No Solicitation" signs
on their property,
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According to the draft, a violation could result in a fine of up to $500, imprisonment
for a term not exceeding 60 days, or both a fine and imprisonment.
A Police Officer can arrest a violator of an ordinance only when the Police Officer
observes the violation being committed. By the time the Officer responds to the scene, the
violator may no longer be on the premises. It is possible the Officer cannot immediately
act against the violator. The Officer could prepare a Police report containing the identity of
the violator and statements from the resident and witnesses to be submitted to the State
Attorney's Office for prosecution.
Commissioner Berfield questioned if the ordinance also could apply to businesses.
The City Attorney could not think of why it could not. Commissioner Deegan thought it
was a good idea. The City Attorney said this item would be agendaed for first reading at
the next Commission meeting.
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b1 Discussion re orooosed ordinance orohibitina oossession of alcoholic beveraaes on Dark
orooertv and creatina a new definition of alcoholic beveraaes
Section 116.89. Code of Clearwater. prohibiting the possession of an alcoholic
beverage in any form in pubic parks was repealed when City ordinances were recodified.
Although Section 6.31 prohibits possession of opened containers of alcoholic beverages in
, public parks. it does not address unopened ones. Consequently. Police Officers cannot
prevent a vagrant from sitting on a bench while holding a sealed container of an alcoholic
beverage.
Section 22.59 creates a prohibition against the possession of alcoholic beverages in
any form on park property with certain exemptions. An amendment to Section 6.21 is
included to create a definition of "alcoholic beverages" consistent with the definition of
alcoholic beverages contained in Section 561.01 (4)(aL Florida Statutes.
Mayor Garvey questioned who raised this concern. The City Attorney indicated the
Police Department had.
Commissioner Berfield questioned if the ordinance could be directed to someone
who had poured an alcoholic beverage into another container. The City Attorney noted the
last sentence in the definition states that one can determine a liquid is alcohol by
experience. Commissioner Berfield questioned if the liquid would have to be tasted. The
City Attorney indicated the identification could be made by smell.
Consensus was to go forward with this ordinance.
C> Assistant City Attornev salarv adiustments
The City Attorney indicated she will soon address her goal to develop and establish
a pay plan for the Assistant City Attorneys. In the interim. she requested the salary
adjustments for the Assistant City Attorneys be handled in the same manner as
Department Directors until the new pay plan is in place. Commissioner Deegan agreed this
suggestion was in line with the proposed change to the Charter.
Consensus was to permit the City Attorney to handle salary adjustments for the
Assistant City Attorneys in the same manner as Department Directors until a new pay plan
is developed and established.
Outside leClal counsel
The City Attorney requested the City Commission approve short term outside legal
counsel for cable negotiations regarding the proposed transfer of Vision Cable's ownership.
She said intense legal issues must be addressed regarding the transfer. She estimated the
cost at under $10,000.
Commissioner Berfield moved to approve outside legal counsel not to exceed
$10,000 in cost for cable negotiations regarding the proposed transfer of Vision Cable'S
ownership. The motion was duly seconded and carried unanimously.
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ITEM #19 - City Manaaer Verbal Reoorts
The City Manager reported a memorandum from the Clearwater Free Clinic
requested the City remove three trees from their parking lot. The City's estimated cost for
this project would be $1,200. The City Manager noted the Free Clinic is not an agency the
City routinely funds. She expressed concern about approving the project because the City
routinely receives similar requests. The Mayor questioned if these trees are ones the City
would allow to be destroyed. The City Manager indicated the trees can be removed
because they are not healthy. She expressed concern with setting a precedent.
Commissioner Berfield questioned if there were liability issues. The City Attorney indicated
liability issues could arise.
Commissioner Fitzgerald expressed concern with setting precedent. He said it
would be a nice favor but suggested the Commission look at it in a much broader sense.
He recommended caution in extending this assistance because the City soon could be
overwhelmed with requests. Mayor Garvey expressed reservations with the request. She
said she supported the Free Clinic but questioned how the City would meet the next
agency's request. Commissioner Berfield agreed.
Consensus was to deny the request out of concern that a precedent not be set.
Special Closed Meeting for baraaining
A Special Closed Meeting for bargaining was scheduled for February 16, 1995 at
4:00 p.m.
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ITEM #20 - Commission Discussion Items - None.
ITEM #21 - Other Commission Action
Commissioner Deegan reported a resolution was drafted at a Pinellas Suncoast
Transit Authority (PSTA) board meeting regarding an option available to the County
Commission to'impose a 5% local option gas tax in addition to current gas taxes. PSTA is
faced with declining revenues and lost $1/2-million in federal funding this year. Besides
diminishing funds, PST A is mandated by the Federal government to provide transportation
for the disadvantaged unable to use fixed routes.
Commissioner Deegan said the PST A legislative issues committee agreed State
legislators will not help in this area until the local community reacts. He said the
community can review the local option gas tax. He noted no one likes taxes but pointed
out certain mandates must be implemented. The committee realized cities also have
unfunded mandates regarding ADA requirements. The present 6% local option gas tax
was implemented through an interlocal agreement between PSTA, the County, and County
municipalities. If this local option gas tax is increased, a similar interlacal agreement will
be required.
Commissioner Deegan stated the board never considered the tax to only fund PST A.
He indicated the proposal had been presented incorrectly. The County Commission did not
consider the proposal seriously when it was presented as something solely for bus
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transportation. Commissioner Deegan said the same thing happened at the Metropolitan
Planning Organization (MPO) meeting where he was able to cast the request in the proper
light. He said the idea was presented to these two bodies prematurely.
Other PST A board members also are returning to their municipalities to see if the
various city commissions and councils are interested in supporting this local option gas tax
as a source of funding unfunded mandates. He said PST A board members would review
the feedback to see if there is local support. If enough cities indicate an affirmative
answer, PSTA will ask the MPO to join in a request to the Board of County Commissioners
in the correct way.
The Mayor, a former PST A board member, strongly supported seeking alternate
revenue sources. She said PST A serves more than the disadvantaged, Many cannot
afford or do not want to own a car. Automobiles are more harmful to air quality than
buses. She noted PST A is ruled by many federal mandates while supported by fewer
federal dollars.
Commissioner Fitzgerald did not favor a local option gas tax. He said people have
indicated they are not interested in additional taxes. He said this is a case where the
federal government is providing the City with guidance and mandates and not providing the
means to reach those goals. If that is the case, he said the federal government will have
to review its rules and regulations establishing mandates if they cut funding. He did not
think the community supported establishing an additional local option gas tax.
I,,:)
Commissioner Berfield questioned what the next step would be if Commissioner
Deegan advises the PST A board that Clearwater is interested in looking at some form of a
local option gas tax. Commissioner Deegan said that would depend on feedback from the
other local municipalities. He said if the majority expresses interest, PSTA would take a
resolution to the MPO, asking them to join the PST A in approaching the County. He
pointed out the interlocal agreement would have to be approved by the City Commission.
Mayor Garvey questioned if the taxes would go to the cities or be dedicated to
mass transit. Commissioner Deegan said an interlocal agreement would direct some funds
to the City. He referred to the City's need to meet ADA requirements. Commissioner
Barfield questioned if the agreement is approved by all municipalities. would the proposal
return to Clearwater for discussion or would the City be locked into an agreement.
Commissioner Deegan said details would be worked out at that point.
Mayor Garvey questioned if the County could decide that all funds from the local
option gas tax go to mass transit. Commissioner Deegan did not think that was so.
Commissioner Berfield questioned how the money would be divided and distributed.
Commissioner Deegan indicated the distribution would be on a per capita basis.
Commissioner Berfield noted the City has moved quickly with ADA upgrades and.
questioned if this proposal would make a huge difference in the budget. The City Manager
noted many projects still need to be done although the City is probably further ahead on
upgrades than other cities.
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Mayor Garvey said she would support an increase in the local option gas tax for
mass transit. Commissioner Deegan said the reason part of the funding is dedicated to
ADA requirements, is because raising the local option gas tax just for mass transit would
have a poor chance of passing.
Commissioner Berfield questioned if the City could use its funds for the Jolley
Trolley. Commissioner Deegan beHeved that would be permitted. Mayor Garvey noted
communities have the option on how the funds are spent.
The majority supported reviewing an increase in the local option gas tax to fund
PSTA and municipalitiesl unfunded ADA mandates,
Commissioner Deegan referred to his February 101 1995 memorandum, regarding
Mr. Kennedy's concerns regarding speeding on landmark Drive between SR 580 and
Curlew Road. City Engineer Rich Baier indicated he had written a memorandum on this
subject before Commissioner Deegan. Commissioner Deegan suggested additional
alternatives need to be reviewed as Mr. Baier's response was unsatisfactory to the citizen.
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Commissioner Fitzgerald said this has been an issue for at least two years. He said
he spoke with Mr. Baier and with area residents. He indicated speeding and accidents
continue on Landmark. He felt the root cause of resident dissatisfaction was with the way
accidents are investigated. He said citizens have complained the use of "blue forms" does
not result in citations. He expressed concern that installing stop signs may cause liability
problems for the City. Commissioner Fitzgerald noted concern for individuals living on the
road who are afraid their houses will be hit. He said Mr. Baier is reviewing suggestions
that have included restriping the road where it narrows to two lanes and installing speed
bumps. He sympathized with people in the area but expressed concern that stop signs
may create different hazards. Commissioner Fitzgerald noted landmark Drive is a north-
south street without impediments. He said there is no simple solution.
Mr. Baier indicated he reviewed technical journals regarding the use of regulatory
signs to enforce and control traffic. He stated the road does not meet the requirements for
installation of a stop sign. large judgements have been made against municipalities
(outside Florida) because of substandard reasons for sign installation. Mr. Baier said the
Manual of Uniform Traffic Control Devices (MUTeD) is explicit regarding the use of
regulatory signs and states that stop signs should not be used for speed control. Speed
can be controlled through strong commitment to enforcement of the speed limit. Most
offenders are youthful drivers who live in the area.
Mr. Baier suggested guardrails could be used to redirect traffic to the road. Raised
pavement markers at the transition may better direct traffic. He noted there is evidence of
cars leaving the road and skid marks. He noted the dangers of installing a stop sign on a
four-lane road. The Mayor stated traffic signals would have to be approved by the MPO.
Commissioner Deegan said residents are concerned the records are inaccurate and
do not list all accidents. He agreed residents expressed concern regarding use of the blue
form. Mr. Baier said stop signs would not have stopped the accidents.
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Commissioner Berfield noted stop signs installed on Harn Boulevard slowed traffic.
The Mayor pointed out the stop signs on Ham Boulevard were installed to divert traffic, not
control speeding.
Commissioner Deegan said residents are complaining they cannot communicate
with the City and have expressed frustration that they have no where to turn. Mr. Baler
said he intends to speak with Mr. Kennedy regarding his concerns but noted Mr. Kennedy
had hung up during their last conversation. He said he would try to contact Mr. Kennedy
and review the options. Commissioner Deegan said for two years the residents have been
told the Police will look at the problem. What the City is currently doing is not working.
He said there must be a way of dealing with the problem. Mr. Baier said there must be a
commitment to speed enforcement. Commissioner Deegan stated some residents believe
the extra traffic on Landmark is due to construction on McMullen-Booth Road and
questioned if stop signs could be installed as a temporary measure. Mr. Baier pointed out
that Landmark is a major collector road, not a residential street.
Commissioner Deegan questioned if temporary stop signs had been installed on
Druid Road W. The City Manager said the stop signs were installed in several places with
plans to evaluate their placement after a period of time.
Mr. Baier said no stop signs placed on Landmark would meet MUTCD warrants. If
the Commission directs that a stop sign be installed, he suggested the best place would be
on the north end of the stretch where the road has already narrowed to two lanes. He said
the stop sign may help eliminate cut through traffic, Commissioner Deegan encouraged
"-"'\ that action. The Mayor spoke against the installation of speed bumps. Mr. Baker
1.";'J~1"'" questioned if guard rails should be considered. Commissioner Deegan said that suggestion
had not baen discussed with Mr. Kennedy. Mr. Baier said if he can speak with him, he will
address guard rails. He suggested if stop signs are installed that they be temporary and
evaluated in two or three months. Mayor Garvey suggested installing the signs for a trial
basis.
Commissioner Berfield questioned if it was felt that most traffic was made up of
young neighborhood people. Mr. Baier said the citations indicate they are heavy users of
the street, especially in relationship to evening events at the high school. Commissioner
Berfield Questioned if there is strong enforcement during those times. Mr. Baier indicated
the Police will commit to enforcement on four or more days a week along Landmark.
Commissioner Berfield questioned if Mr. Baier had spoken with the high school's Resource
Officer. Mr. Baier indicated he had not,
Commissioner Deegan Questioned if it was inconsistent that the 35 mph speed limit
was not reduced along the road's two lane section. Mr. Baier said 35 mph was an
appropriate speed for the road as it was designed. Mayor Garvey noted the number of
drivers travelling over the speed limit. Mr. Baier said 85% of the drivers are travelling at
the speed limit. He noted more speeders would be caught on a road designed for a speed
limit higher than what is posted. Mr. Baier said the design speed for Landmark is 40 mph.
He said according to data, a group of people is using the road as a drag strip.
Commissioner Deegan questioned if the speed should be set at the 85 percentile, Mr.
Baier said there would be no problem doing a speed study. He said Mr. Kennedy wants
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the speed limit to remain as it is or be lowered. Commissioner Deegan said Mr. Baier's
memorandum indicates a study has already been completed. Mr. Baier said none was
completed; he had used an incorrect term. Commissioner Deegan questioned if Mr. Baier
felt the frequency of accidents and presence of skid marks warrants a study. The Mayor
recommended staff return with recommendations.
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Bob Bickerstaffe suggested installation of signs that flash at speeders as a reminder.
He felt this technology was better than stop signs and would require less Police
enforcement. Mr. Baier indicated the City has that equipment and said he would mention it
as an option when he spoke with Mr. Kennedy.
Commissioner Fitzgerald reported Chamber of Commerce members expressed
concern regarding the appearance and attractiveness of City gateways at a recent meeting.
The overpass at US 19N and SR 60 was described as dirty and unkempt and a suggestion
was made to put a "Welcome to Clearwater" sign on the overpass. He recommended
reviewing all City gateways to see if they can be made more attractive.
Commissioner Fitzgerald referred to concerns regarding evacuation plans during
repairs on Memorial Bridge. Mr. Baier indicated a crane will be available to lower the
bridge in case of emergency.
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Mavor Garvev questioned when Gulf to Bay Boulevard would be resurfaced. Mr.
Baier indicated the section east of Court St. will be resurfaced next year. The section from
Court St. to Sky Harbor is scheduled for FY 1997/98. He sent a proposal to FOOT
requesting their agreement to reimburse the City for interim repairs.
The meeting adjourned at 4:05 p.m.
ITEM #22 - Adiournment
ATTEST:
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City Clerk
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