10/15/1998 (2)
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COMMISSION.
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City Commission Mi~utes
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Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Karen Seel
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 1 5, 1998
Also Present:
Michael J. Roberto
Richard L. Hedrick '
Bob Keller
Pamela K. Akin
Cynthia' E. Goudeau
Gwen Legters
City Manager (arrived 6: 15 p.m.)
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend Anton DeWet of Faith United Church of Christ. The Mayor led
the Pledge of Allegiance.
To provide continuity for research. items are in agenda order although not necessarily
discussed in that order.
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ITEM #3 - Service Awards
Three service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamation: Teen Read Week - October 19 . 25, 1998
ITEM #5 - Presentations
a) Recognition of Legislators & State Officers for supporting Nagano Hospitality Center
Mayor Garvey presented a plaque and,poster regarding Pavilion in the Sun.
Volunteers were thanked.
ITEM #6 - Minutes Aoproval
Commissioner Johnson moved to approve the minutes of the regular meeting of
October 1, 19B8, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 ~ Citizens to be heard reQardina items not on the AQenda,
Roy Cadwell complained of charges for City services continuing while seasonal
residents are away.
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Early Sorenson appreciated the Nagano expedition, library system, police force, and
development code rewrite. He requested a copy of the draft code. He submitted a plan for
moving Tattletales from Gulf to Bay Boulevard.
PUBLIC HEARINGS
ITEM #8 - Variance(s) to Sitm Reoulations for property located at 1454 Belleair Rd., Sec.
23-29-25, M&B 33.02 (Central Church of Christ of Clearwater, Inc., SV98.12)(PLD)
The applicant is requesting variances that would allow an existing freestanding sign
to remain on the church property, subject to conditions: 1) no additional freestanding signs
shall be permitted on this property; and 2) installation of the agreed landscape plan. This
sign identifies the church name, services, and displays public messages of a spiritual
nature. Approximately one-third of the sign area is devoted to these messages. Strict
enforcement of the sign code would impose a hardship on the applicant that would
outweigh any derivative public benefit. Variance approval with conditions will enhance,
rather than detract from City appearance.
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Gordon Methvin, Elder representing the applicant, said the sign has existed more
than 25 years. The applicant proposes to upgrade and ref ace the sign as well as
landscaping around it as part of major renovation underway at the church.
In response to questions, Planning Manager Sandra Glatthorn said maximum
allowable sign area for the subject property is 1 20 square feet for freestanding, 48 square
feet for attached, and 24 square feet for bulletin board. The existing freestanding sign is
88.4 square feet. Some concern was expressed the 17.1.foot existing height is excessive.
In response to questions, Mr. Methvin said the sign design will not change, and there are
no plans to add to the existing bulletin board space. The applicants thought the sign was
grandfathered due to its age.
Commissioner Hooper moved to approve variances to sign regulations for property
located at 1454 Belleair Road, Sec. 23-29-25, M&B 33.02 subject to conditions: 1) no
additional freestanding signs shall be permitted on this property, and 2) installation of the
agreed landscape plan. The motion was duly seconded.
Commissioner Seel requested amendment of condition #1 to prohibit additional
signage.
Commissioner Hooper accepted the amendment and the motion was restated: to
approve sign regulation variances to allow an existing 88.4 square foot, 17 .1-foot~tall,
freestanding sign, for property located at 1454 Belleair Road, Sec. 23-29-25, M&B 33.02
subject to conditions: 1) no additional new signs shall be permitted on this property, and
2) the applicant shall install the agreed landscape plan. The seconder concurred with the
amendment.
Upon the vote being taken on the amended motion, Commissioners Clark, Hooper,
Seel, and Mayor Garvey voted "Aye"; Commissioner Johnson voted "Nay." Motion
carried.
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Public Hearina - Second Readina Ordinances
ITEM #9 - Ord. #6331-98 - Relating to LDC; amending Sec. 35.11, various sections in Ch.
40, & 41.053: and creating Sec. 41.281 to establish standards for the siting, design,
maintenance, and use of telecommunications towers and antennas
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The City Attorney presented Ordinance 6331-98 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance 6331-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll: Johnson, Clark, Hoopert Seel, and Garvey
IlNaysll: None.
. ITEM # 10 - Ord. '#6333-98 - Annexation for property located at 1704 EI Trinidad Drive
East, Virginia Grove Terrace, Blk 2, Lot 2 (Scott W. Greer, A98-25)
The City Attorney presented Ordinance 6333-98 for second feading and read it by title
only. Commissioner Seel moved to pass and adopt Ordinance 6333-98 on second and tinal
reading. The motion was duly seconded and upo~ roll call, the vote was:
IlAyesll: Johnson, Clarl<t Hooper, Seel, and Garvey
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"Naysll: None.
ITEM #11 - Ord. #6334-98 - RS~8 Zoning for property located at 1704 EI Trinidad Drive
East, Virginia Grove Terrace, Blk 2, Lot 2 (Scott W. Greer, A98-25.1 .
The City Attorney presented Ordinance 6334-98 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance 6334-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
IIAyesll: Johnson, Clarkt Hooper, Seel, and Garvey
"Nays": None.
ITEM #12 - Ord. #6335-98 - Annexation for property located at 1722 St. Croix Dr., Virginia
Grove Terrace 5th Add., Blk A, Lot 5 (Scott W. & Janice Gitchell, A98-26)
The City Attorney presented Ordinance 6335-98 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance 6335-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
IIAyes": Johnsont Clarkt Hooper, Seel, and Garvey
"Nays": None.
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ITEM #13 - Ord. #6336-98 . RS-8 ZOl"!ing for property located at 1722 St. Croix Dr.,
Virginia Grove Terrace 5th Add., Blk A, Lot 5 (Scott W. & Janice Gitchell, A98-26)
The City Attorney presented Ordinance 6336-98 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance 6336-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll; Johnson, Clark, Hooper, Seel, and Garvey
llNaysll: None.
ITEM #14 - Ord. #6337-98 - Land Use Plan Amendment to Residential/Office General tor
property located at 706 S. Ft. Harrison Ave., J. O. Hamilton Sub., part of Lot 9 & Lot 10
(Clearwater Clinical Laboratories, Inc., LUP98-09, 298.11)
The City Attorney presented Ordinance 6337.98 for second reading and read it by title
only. Commissioner Seel moved to pass and adopt Ordinance 6337-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
IIAyesll; Johnson, Clark, Hooper, Seel, and Garvey
IINaysll: None.
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ITEM #15 - Ord. #6338-98 - OL Zoning for property located at 706 S. Ft. Harrison Ave., J.
O. Hamilton Sub., part of Lot 9 & Lot 10 (Clearwater Clinical Laboratories. Inc., LUP98-09,
Z98-11)
The City Attorney presented Ordinance 6338-98 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance 6338-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was: '
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IIAyes": Johnson, Clark, Hooper, Seel, and Garvey
IINays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-25) - Approved as submitted.
ITEM # 16 - Approval of Purchases per 9/22/98 memorandum:
Startee Unlimited, Inc., computer programming services associated with installation of
Customer Information Services (CIS) system, est. $200,000 (GAS)
Xerox Corp., one' Xerox Regal DocuColor 5799 Digital Color Copier, $61,000i funding to be
providei.:J under City's Master Lease-Purchase Agreement (PCM)
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ITEM #17 . Accept one vear qrant for Fiscal Year 1998-99, from U.S. Dept. of
Transportation National Highway Traffic Safety Administration, demonstration program to
reduce incidence of illegal passing of School Buses, $40,000 (PO)
ITEM # 18 ~ Confirm co-sQonsorshio. waiver of insurance reauirements for soecified events
and waiver of City fees for special events including: Folk Arts Festival, Fun & Sun Festival,
4th of July Celebration, Jazz Holiday, Holiday Parade, Turkey Trot, North Greenwood
Street Festival, Martin Luther King Parade, Saturday in the City, Memorial Day Event,
Clearwater Pass Bridge Run and Military Appreciation Day, est. $228,351 ($84,720 cash
contributions & $143,631 in-kind contributions); authorize event organizers to approve
vendors (PR)
ITEM #19 - Approve purchase aQreement for riqht-of-wav with Ellis & Company, Ltd., and
Stanley G. Gibson, Jr., R. H. Padgett's Resubdivlsion of Original Lots 2 & 5, Blk 5, North
20' of Lots 21 & 22, $14,000 plus estimated closing costs of $825, tor total not to
exceed $14,825 (PW)
ITEM #20 - Contract for Hercules Avenue Storm line Replacement to Steve's Excavating &
Paving, Inc., $151,006.57 (PW)
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ITEM #21 - Coooerative Aqreement with SWFWMD (Southwest Florida Water Management
District) which provides funding of project costs up to $812,500 for expansion of
reclaimed water systems to serve North Beach Area and to design & construct pumping &
storage facilities at NE AWT Facility; Cooperative Funding Agreement with SWFWMO for
update of Reclaimed Water System Masterplan which provides reimbursement of up to
$48,400 to the City IPW)
ITEM #22 - Work Order to McKim & Creed, design of Northeast Reclaimed Water Pumping
& Storage Facilities, North Clearwater Beach, for amount up to $413,500 IPW)
ITEM #23 - Receipt/Referral - Community Develooment Code (PlD)
ITEM #24 - Sidewalk Easement - R. H. Padgett's Resubdivision of Original Lots 2 & 5, Blk
5, part of Lot 13 (William J. Castagna){CA)
ITEM #25 - Authorization to settle Kerbv v. Citv leA)
Commissioner Hooper moved to approve the consent agenda, Items 16-25 as
submitted, and authorize the appropriate officers to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #26 - EiQhth Amendment to License and AQreement - Clearwater Ferry Service, Inc.,
to extend tor one term at 5 years, 9/1/99-8/31/2004; allows Operator to sublease to
SunCruz Casino, Ltd., for period of 2 years from amendment's date (MR)
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On August 2, 1989, the City entered into a license and agreement with Clearwater
Ferry Service, Inc., to operate a commercial ferry service in Clearwater Harbor from the
Drew Street dock, with a provision to extend for one further period of five years prior to
expiration of the initial term of ten years. Clearwater Ferry Service, Inc. agrees to pay the
current commercial party boat slip rate established at Clearwater Municipal Marina starting
September 1, 1999. Clearwater Ferry Service, Inc. also agrees to pay the City $500 per
week for consent to sublease to SunCruz Casino, Ltd. Sublease is for two years only. This
is the scheduled time period for dredging Clearwater Bay Marina. The amendment includes
a 3D-day cancellation clause.
Mike Hancock, Interim Harbormaster reviewed the agreement, stating SunCruz
would be allowed to use the Drew Street dock a maximum of 4 days per month at high
tide. Other use would be by Harbormaster permission only. The 2~year sublease term is
the anticipated time it will take to dredge the Clearwater Bay Marina at Seminole Street,
where SunCruz normally docks. No more than one SunCruz vessel would use the dock.
Commissioner Seel moved to approve the Eighth Amendment to License and
Agreement with Clearwater Ferry Service, Inc., to extend for one term of 5 years,
September 1, 1999 through August 31, 2004; allowing Operator to sublease to SunCruz
Casino, Ltd., for period of 2 years from amendment's date. The motion was duly
seconded.
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Concern was expressed that, by agreeing to dock a specific vessel, SunCruz
operators were locking themselves out of substituting a vessel if the original needs repairs.
Commissioner Seel amended the motion to add, if the ship needs repair, the
Harbormaster shall have the opportunity to add a replacement ship during the time the
original, ship is out for repairs. The seconder concurred. Upon the vote being taken, the
amended motion carried unanimously.
ITEM #27 ~ Res. #98-51 - regarding City's Enterprise Zone; amending Res. #98-28 to
modify the map describing the Enterprise Zone Area (ED)
The legislative intent of Chapter 98-75 of the Laws of Florida was to establish the
entire Clearwater Brownfields area as an Enterprise Zone. Census Tract 263, Slock Group
6 and Census Tract 258, Block Group 2 do not meet the demographic requirements of
Florida Statutes Section 290.0058 for inclusion in the Clearwater Enterprise zone. The
Enterprise Zone area must be modified to remove the two census tracts, so the Enterprise
Zone application can be processed by the Governor's Office of Tourism Trade and
Economic Development in a timely manner.
Commissioner Hooper moved to modify the map describing the Enterprise Zone
Area. The motion was duly seconded and carried unanimously.
The City At~orney presented Resolution 98-51 and read it by title only.
Commissioner Hooper moved to adopt Resolution 98p51 and authorize the appropriate
officers to execute same. The motion was duly seconded and upon roll call, the vote was:
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10/15/98
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
UNays": None.
ITEM #28 - First Readina Ord. #6311-98 - providing for refunding of outstanding Water and
Sewer Revenue Bonds, Series 1988 (FN)
The Water and Sewer Revenue Bonds, Series 1988 Onterest rates from 6.5% to
7.75 %) will be eligible for refunding on December 1, 1 998. Market conditions are very
, favorable with municipal bond rates significantly lower than the rates on the 1988 bonds
14% to 5.5%.} It is expected the City will realize a net present value savings of
approximately $10 million on this refunding. It is expected the annual debt service costs
will be reduced by approximately $800,000. Due to the complexity of this refunding, staff
was uncertain as to the amount of savings to be realized; therefore, this data was not used
when setting the current water and sewer rates. The savings generated from this
refunding will be considered when reviewing the City's future water and sewer. It is
anticipated these savings will be used to fund capital projects that were originally
anticipated to require a future bond issue. The initial refunding idea was presented to the
City by the firm of William R. Hough and Co., which as worked extensively with the City's
Bond Counsel and Financial Advisor to resolve tax issues that could have deprived the City
of millions of dollars of the economic benefit of refunding. No other underwriting firm has
brought forward ideas on this issue. Based upon their work, William R. Hough has been
selected as the senior managing underwriter for this proposed refunding. A Request for
Proposal has been issued to select a team of co-managing underwriters to optimize
t;$Sl distribution capabilities, of the underwriting team to obtain the lowest possible interest
~,::~~ rates. A sale resolution will be brought forward for Commission adoption at the same time
as the second reading of this ordinance detailing specifics of the sale.
Finance Director Margie Simmons stated in response to questions, the City will not
receive $10 million the first year. She stated the cost of refunding will not affect the
bottom line; the City will net $10 million over 20 years.
Commissioner Clark moved to refund outstanding Water and Sewer Revenue Bonds.
Series 1988. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6311M98 for first reading and read it by title only.
CommIssioner Hooper moved to pass Ordinance 6311-98 on first reading. The motion was duly
seconded, and upon roll cail, the vote was:
"Ayeslt; Johnson, Clark. Hooper, Seel, and Garvey.
t1Naysl1; None.
ITEM #29 - Interlocal Aareement to provide construction inspection services to the Town
of Bellealr, 10/1/98-9/30/99 IPlD)
Commissioner Clark moved to continue this item to November 5. 1998. The motion
was duly seconded and carried unanimously.
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The meeting recessed from 7:00 to 7:09 p.m. for a special Community
Redevelopment Agency meeting.
ITEM #30 - (Cant. from 10/1/98) Clearwater Housina Authoritv - 1 appointment ICLK)
Mayor Garvey requested appointment of Elizabeth Mannion, due to Ms. Mannion's
extensive real estate experience.
Rev. William Graham expressed concern for ten years he has been seeking
appointment to this board. Early Sorenson vouched for Rev. Graham's positive influence in
the community. The Mayor responded the Clearwater Housing Authority is directing its
focus toward real estate, and the recommended p3rson has the necessary credentials.
Commissioner Clark moved to approve the Mayor's appointment of Elizabeth
Mannion. The motion was duly seconded and carried unanimously.
ITEM #31 - Other Pendino Matters - None.
CITY ATTORNEY REPORTS
ITEM #32 ~ First Readin'q Ord. #6344-98 - Relating to Standards of Conduct; amending
Sec. 2.304 to add new subsection (2) relating to accepting or soliciting donations on behalf
of the City
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Commissioner Seel moved to amend Sec. 2.304 to add new subsection (2) relating
to accepting or soliciting donations on behalf of the City. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance 6344-98 for first reading and read it by title only.
Commissioner Seel moved to pass Ordinance 6344-98 on first reading. The motion was duly
seconded, and upon roll call, the vote was:
I1Ayes": Johnsonj Clarl<, Hooper, Seel, and Garvey.
"Nays": None.
ITEM #33 - Other Citv Attornev Items
The City Attorney inquired whether the Commission wished to receive a Charter
Review Committee Report at the November 2 work session, as the Chairman will not be
available for the Thursday meeting. Commissioners felt it was appropriate to receive public
input before deciding on ballot questions. Consensus was to receive an overview from the
Chair at the November 2 work session, and request the Vice Chair and committee members
to attend the November 5 Commission meeting to answer questions.
The meeting recessed from 7:21 to 7:34 p.m.
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ITEM #34 - City Manaqer Verbal Reports - None.
ITEM #35 - Other Commission Action
a) City Manager Evaluation
Commissioners reviewed events of the past year, characterizing the City Manager
as professional, intelligent, and an excellent leader with defined goals. He has new ways
of looking at what needs to be done and has an aggressive agenda. Appreciation was
expressed that Mr. Roberto has put his heart and soul into accelerating the exciting plans
put forward by the Commission during the interview process. He was praised for his
tenacity, foresight, and willingness to take on unpopular positions. He was thanked for the
brainstorming opportunities he has provided, and for his willingness to take risks, light fires,
and motivate staff, to promote a better future for today's children. Some felt the staff
reorganization, although difficult, was due. Excitement was expressed that this is the year
tIthe shovel hits the ground." It was felt Mr. Roberto's incredible work ethic, and ability to
roll up his sleeves to get the job done, are exactly what Clearwater needed. All looked
forward to the next year with a great deal of excitement.
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Concerns were expressed the City Manager works long hours, hires too many
consultants, pursued staff reorganiz:ation too fast, is demanding of staff time, and needs to
slow down to achieve balance. It was recommended that he take more time to enjoy his
family, take care not to get too far in front of the pack, and ensure the new ideas can be
funded and implemented correctly, with the right amount of public input. It was noted this
is the first budget for which the City Manager is totally responsible, and caution was
recommended to ensure the City can pay for everything to which it commits.
The City Manager stated his one fear is not living up to expectations. He felt it an
honor and privilege to work with the Commission, and praised the group effort to establish
the City's vision. He said One City. One Future. relates directly to that vision, and the
community owes the City Commission a debt of gratitude for pointing the direction. He
praised the City Attorney's legal knowledge, perspective, and vision, adding it is not
common to find a City Attorney with her talents.
b) City Attornev Evaluation
,)
The City Attorney was praised for finding ways to "make ;t work," and for
becoming a more vocal participant in discussions. She has assembled an excellent legal
team of superb attorneys who competently deliver the product. She provides solid support,
makes good recommendations with regard to use of outside counsell and gives balanced,
deliberate advice in understandable terms. Ms. Akin was commended for her knowledge of
public sector law, and her willingness to admit when she needs to research a question
before giving an opinion. Commissioners thanked her for offering a IIheads up" when
needed, and for never failing to interrupt her schedule to answer questions and assist the
Commission. She was praised for her intelligence, insight, thoughtful perspective, for
doing her homework, and for being an excellent manager of department and staff.
..
"...)
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Consensus was to consider a salary adjustment for the City Attorney at the meeting
of November 5, 1998, and to make any adjustment retroactive to the start of the 1998/99
fiscal year. Salary history was requested.
Commissioner Clark praised the Parks & Recreation Department for saving
thousands of dollars on day camp transportation by taking advantage of an MPO
transportation funding program.
Commissioner Jo'hnson was pleased to find Clearwater being promoted at a northern
Florida Welcome Center.event. He requested an updated list of all City-owned property,
and wanted more information before the City becomes involved in the Florida World
Museum.
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The City Attorney thanked the Commission and City Manager for their kind words.
She gave credit to her outstanding staff of fine attorneys who are supportive and dedica~ed
to the City. She added one of her talents is the ability to hire excellent people. She said
working with the City Manager has been challenging, but exciting. She has enjoyed
working with the Commission during this exciting and interesting time.
\,
Commissioner Seel questioned if existing staff will fill the pedestrian safety officer
position. The City Manager affirmed policy is to fill all grant funded positions with existing
staff. Commissioner Seel encouraged County-wide support of MPO's pedestrian safety
campaign targeting the elderly. She announced the October Spooktacular event at Station
Square Park.
.. Mavor Garvev inquired whether Commissioners support Revision #10 to the Florida
Constitution. City Clerk Cynthia Goudeau summarized Revision #10, stating it proposes to
stop tax on public property; create land conservation; provide a fairer tax system; and
eliminate the prohibition of ex parte communication between Commissioner and
constituents on quasj.judicial issues. Consensus was for staff to prepare a letter of
support for the Mayor's signature. The Mayor announced Jazz Holiday this weekend, and
Farmers Market every Saturday through May.
ITEM #36 - Adiournment
The meeting adjourned at 8:17 p.m.
,"
ATTEST: 'iJ~~
City Clerk
~
Mayor/Commiss
v
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