06/02/1997 (2)
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WORKSESSION
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:'City Commissio~ Worksession Minutes'
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Present:
Rita Garvey,
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Gwen Legters
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
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CITY COMMISSION WORK'SESSION
CITY OF CLEARWATER
June 2, 1 997
The meeting was called to order at 1 :30 p.m. at City Hall.
PRESENTATIONS
Clearwater Homeless Intervention Proiect (CHIP)
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Police Chief Sid Klein introduced Terry Hammond, CHIP Executive Director. He said
the soup kitchen will open June 9, 1997. M~. Hammond will form a neighborhood advisory
committee to CHIP. Chief Klein reviewed estimates for shelter construction, stating
,additional funding of $55,000 is needed from the City. Pinellas County has authorized
$100,000 in matching funds. He said CHIP can make up the $13,794 shortfall.
City Manager Deptula noted the Commission had concerns regarding continuing
operating costs. A specific term, such as three years, had been suggested. A special
government program fund consisting of restricted funds the City receives for grants and
donations has generated interest, resulting in about $400,000 unallocated funds available
to the City Commission. She suggested the Commission appropriate $55,000 to add to the
$45,000 promised by the CBDG. She recommended the Commission take $300,000 allocated
to the special project, allowing CHIP to draw down $100,000 at the beginning of each year for
three years, similar to other social service organizations. Ms. Deptula responded to questions
regarding her recommendation. Chief Klein stated the police substation receives Federal grant
funding and is not part of this program.
Commissioners felt the condition for a three year trial period imposed by the Planning
and Zoning Board was fair. Surrounding communities were encouraged to participate. It was
felt the program will be successful and Chief Klein was complimented or doing a good job. In
response to a question, Chief Klein stated St. Vincent De Paul is donating the land and will
likely make financial donations. He will seek donations throughout the community and believed
three years is reasonable trial. Mr. Hammond briefly explained his marketing strategy. stating it
will take more than two months to get the program up and running. Ms. Deptula asked the
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FN FINANCE
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Commission to approve $55.000 at Thursday's meeting. The operating money would be part of
the regular budget. Chief Klein stated construction will take six to nine months and they are
ready to award the bid, pending confirmation funding is in place. Consensus was to add this
Item to Thursday's agenda.
PUR PURCHASING,
Three 1997 Dodge Ram passenger vans (additional units), Regency Dodge, Inc., $59,337 (GS)
In response to questions, Chief Klein said the Police Department currently has two
vans; one in each of the East and West districts. Three new vans are requested for three
other Police districts, for use by Police Service Technicians during accident investigation,
and as paddy wagons. The Police Department will fund one unit; two are grant funded.
Payment of $28,500 to David Ford for complete settlement of workers' compensation
claims (Consent)
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The claimant alleged he sustained a workwrelated heart and lung injury as a result of
multiple chemical exposures while employed as a City spray technician. He resigned on
November 17, 1995, upon being diagnosed with end-stage congestive heart failure, which
caused total disability. He applied for a work related disability pension. A non-work related
disability' pension was awarded, with the right to present additional evidence to establish
entitlement to a work related disability pension at a future date. The City of Clearwater has
denied Mr. Ford's entitlement to workers' compensation benefits as Risk Management does
not believe credible evidence exists to link Mr. Ford's condition with his chemical
exposures at work. Risk Management believes Mr. Ford's condition relates to pre-existing
hypertension, family history, and medical nonwcompliance. The City is actively defending
the claim, at an ultimate cost to the City in excess of $35,000. If the City is ordered to
provide worker's compensation benefits to Mr. Ford, the ultimate cost to the City is
expected to exceed $300,000.
Concerns were expressed the claim has nothing to do with the claimant's
entitlement to apply for work related disability. Leo Schrader, Risk Manager, stated this
workers' compensation claim has no impact on disability pension. He noted the City has
little control in worker's compensation cases because the final outcome is in the hands of
the court. While it was agreed the cost of settlement is less than the cost of proceeding
with the case, one Commissioner philosophically opposed the item. Concer,n was
expressed a finding the disability was job connected would give credence to the worker's
compensation claim. General discussion ensued. Mr. Schrader stated worker's
compensation and job related disability are separate issues. City Risk Management does
not feel the claimant has grounds for job connected disability, and was informed Mr. Ford
will accept the worker's compensation settlement. One Commissioner noted Mr. Ford
would have qualified for 75 percent disability if he had filed his claim before changes to the
pension ordinance.
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PD POLICE
Expenditure of $16,358 from Police Department's operating budget to implement a
Volunteer Handicapped Parking Enforcement Program (Consent)
Handicapped space and fire lane parking violations have been the subject of
frequent complaints, but are difficult to enforce due to the volume of higher priority calls
and their wide-scattered locations throughout the City. At the suggestion of the City
Commission, the Police Department explored development of a volunteer program similar to
those instituted by the St. Petersburg Police Department, HilIsborough, and Palm Beach
County Sheriff's offices. Clearwater's program will provide more consistent enforcement by
supplementing the current personnel deployment with specially trained citizen volunteers.
The program will be open to all citizens, including the disabled. Volunteers will be trained
and State certified as parking enforcement specialists, having the ability to write and issue
parking citations. The radio-equipped volunteers will assist the Police Department,
reporting suspicious activity, much like a "roving neighborhood watch." The program will
consist of 20 volunteers who will attend a 40-hour training class. Volunteers will be used
only during daylight hours.
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In response to questions, Chief Klein said he anticipated program revenue will
exceed $78,000 per year, assuming the program generates 25 handicapped parking
citations per week, one citation per shift. It was noted mileage is not paid to other City
volunteers. Chief Klein responded the volunteers are not compensated, but are paid
mileage, similar to what is done in other cities. Ms. Akin said the City assumes liability,
but the volunteers are held responsible for certain things, regardless of liability. Volunteers
do not have to be paid to receive worker's compensation. Consensus was to schedule a
presentation early on Thursday n'jght's agenda. It was indicated volunteers will have
authority to enforce parking on public or private property, anywhere appropriately striped
handicapped parking spaces or fire lanes exist. It was questioned whether revenue from
fire lane citations was included in the calculations. A structured activity schedule will be
used.
PR PARKS AND RECREATION
C.O.U5 (Close-Out) for Carpenter Field Clubhouse Renovations to Oakhurst Construction
Co., Inc., $8,049.86, for total $680,206.86 (Consent)
The City Commission awarded a $621,647 renovation contract to Oakhurst
Construction Co., Inc., on June 20, 1996. Three change orders totaling $25,570 were
approved on October 3, 1996, for concrete slab removal and replacement; a roofing
system; and cast iron sewer line replacement. The City Manager administratively approved
a $24,940 change order for drive, sidewalk and elevation improvements west of the
clubhouse building, and to complete locker refurbishment. Work was completed in time for
the Phillies to occupy the building for 1997 Spring Training. The final c1ose~out change
order for $8,049.86 will take care of several minor items that needed adjustment in order
to complete the project.
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EN ENGINEERING
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In response to questions, Ms. Deptula said this item was not approved in Change
Order #4, as the City Manager can only approve up to $25,000. In response to a concern
some of these costs should have been included in the original contract, Parks and
Recreation Director Ream Wilson said several items were not evident before demolition.
One Commissioner said the renovation was beautifully done, but the contractor, should be
held responsible for some of the costs.
Discussion ensued regarding negotiations for the City to assume responsibility for
the cost of ball field maintenance at St. Petersburg Junior College. In response to a
concern the college was supposed to pay a percentage of maintenance costs based on
usage, Mr. Wilson said the percentage the college will contribute is a negotiating point. As
the college would have to rent a field if this one were not available, the City is asking for
field maintenance reimbursement in the amount the college would otherwise have to pay
for field rental. He said the college will still own the land, and will be responsible for any
future problems with underground contamination. Consensus was to direct staff to
proceed with negotiations.
Public Hearing & First Reading Ord. #6147-97 - Vacating 3' drainage easement lying along
west side of Lot 40 and City's request to vacate 3' drainage easement lying along east side
of Lot 39, Brentwood Estates, less southerly 10' (Chandler, V97-04)
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The applicant is requesting vacation of a 3 foot drainage easement lying along the west
side of Lot 40. Brentwood Estates, less the southerly ten feet. The house was built 2.85 feet
into the easement in 1963. Prior to closing sale of this property, the applicant is being required
by the title company to vacate that portion of the easement where the structure encroaches. No
City utilities are located within the easements to be vacated. Florida Power, General Telephone,
GTE Americast and Time Warner have no objections. City staff concerned with easement
vacation requests have no objections. Engineering Services does not object and recommends
vacating the drainage easement along the east side of adjacent Lot 39, less the southerly ten
feet.
In response to a question, City Engineer Rich Baier said the encroachment was not
discovered when Mr. Chandler purchased the property because the City has no records prior to
the mid 1970's for residential property.
Contract for Clearwater Beach Elevated Tank Removal to Kimmins Contracting Corp.,
$41,754 (Consent)
This project includes demolition and removal of an elevated steel water storage tank and
restoration of the Clearwater beach site. Periodic maintenance, cleaning, interior and exterior
painting are expected to cost more than $50,000. An evaluation on impact to the water supply
determined the water system can support fire fighting capability without the elevated tank in
service. Continuing City improvements to the piping system will ensure adequate water
pressure and supply. Proposed expansion of the reclaimed water system onto Clearwater
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In response to questions, Mr. Baier said it is normal for the City to pay the entire
amount for crossing installation when required due to City roadway changes. CSX will pay
the cost of any other crossings in their plans. He believed the life of the proposed
rubberized crossing material is ten years, given the heavy truck traffic on Highland Avenue.
The material is the best quality CSX would approve. A question was raised why the City is
subject to sales tax by CSX. Mr. Baier will investigate. He said the estimate for the CSX
and Highland Avenue intersection is firm because he has gone over the line items to ensure
nothing was left out. When it was uncertain what CSX would require, this item had been
specifically pulled from the Highland Avenue roadway improvement project to address at a
later date. Funding for this item is coming out of the capital code for intersection
improvements because the Penny for Pinellas allocation was not enough to cover the $4
million Flagler Avenue redesign. Mr. Baier said Flagler Avenue will be the second change
order. He clarified utilities are the major issue in this item, noting complications with
private utilities relocation have caused delays. The project is about 35 percent complete.
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beach will reduce overall demand for potable water. Tank removal will elimInate long term
maintenance costs. The project will start as soon as possible after contract execution and is
scheduled for completion within 120 calendar days.
Mr. Baier said the site would likely be seeded and mulched, after demolition, but future
use of the land had not been decided. In response to Commissioners' concern at the cost
difference among bids, Mr. Baier said he has had good experience with Kimmins.
Agreement with CSX Transportation, Inc., ra Highland Avenue Widening Project, railway
crossing replacement, est. $ 287,791.14; Res. #97.36- authorizing city officials to execute
the agreement
The original item in June 1 996, stated a new railway crossing would be constructed
just north of Flagler Drive. In March 1997, Change Order #1 stated staff was processing an
agreement for a new crossing system to be brought forward when completed by CSX
Transportation, Inc. A new railway crossing is required due to roadway widening and
changes to the approach grades at Highland Avenue. The proposed crossing will include
new traffic signalization and rubberized panels adjacent to the rails to accommodate both
vehicular and pedestrian traffic. Public safety will be improved for pedestrian, bicycle and
motorcycle traffic because the normal gap between the pavement and rail will be
eliminated by placement of rubberized crossing pads adjacent the rail. This feature is
important at this location due to the shallow angle of the railway crossing in relation to
vehicular movement on Highland Avenue.
In a separate item, Mr. Baier was pleased to report, FOOT has consulted the City
regarding repainting and signage improvements to the steel box beams over US 19.
Mr. Baier announced Saturday, June 14 will be a Stevenson's Creek Clean-Up Day
in the North Greenwood neighborhood. He distributed flyers and invited volunteers to
attend.
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CP CENTRAL PERMITTING
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(Cant. from 5/15/97) Public Hearing - land Use Plan Amendment to Commercial
Neighborhood & CPD Zoning tor property located on N side of SR590, approx. 700' W of
McMullen Booth Rd., Sail's lake Park, Unit B, Tract B ITerepka, LUP97-02, 297-03)
Mr. Shuford expected this item to be continued, pending reaching a compromise
with the applicant. '
The meeting recessed from 2:27 to 2:35 p.m.
Public Hearing & First Reading Ord. #6146-97 - amending Appendix A Schedule of Fees,
Rates and Charges relating to Sec. 47.083(4)
An internal audit ot the Central Permitting Department recommended the current
policy of charging a fee tor permit extensions be placed in the code. The fee allows
recovery of some costs to extend those permits for which construction has not '
commenced within the required six month period.
In response to a question, Mr. Shuford said it was recommended to state in the
code that an internal procedure exists tor permit extensions. He will copy the policy to the
Commission, and provide more information. He affirmed the fee is charged only if
construction delays were caused by the builder.
(~:) Revised Commission policy regarding permit and application fee waivers
An internal audit of the Central Permitting Department recommended the need to
identify what is meant by the City Commission policy concerning application tee waivers.
Staff has applied the policy to waive building permit, occupational license, plan review and
zoning related tees, but not impact fees. Staff recommends revising the first sentence of
the policy to indicate, generally, building permit, occupational license, plan review and
zoning related application fees will not be waived except for City projects and other
governmental agencies.
Brief discussion ensued regarding whether certain agencies could be considered
governmental, for the purpose of fee waivers.
Public Hearing - Res. #97N34 N relating to community redevelopment; finding existence of
blight conditions in an area of the City known as Clearwater Beach; making certain findings
and determinations; authorizing appropriate officials to request delegation of redevelopment
powers from Pinellas County
The City Commission has received a report indicating a portion of Clearwater beach
meets the statutory requirement for designation of a community redevelopment area. Pinel/as
County has no apparent philosophical objection to this concept. The proposed resolution is the
formal initiation of the eRA process. Future agenda items will involve consultant selection to
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CM ADMINISTRATION
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assist in development of a CRA plan, public review and creation of the CRA plan, and adoption
of the CRA plan and transmittal to Pinellas County. Staff recommends adoption of the
resolution as this redevelopment tool will provide opportunity to build the growing community
consensus on Clearwater beach, provide a funding source for beach infrastructure
improvement. and provide planning services to better direct public and private investments.
In response to questions1 Mr. Shuford said the first step is not formation of a CRA1 but
creation of the plan. He gave a general overview with regard to public input1 scope of the work,
time frame for the CRA, concerns that monies collected on the beach should stay on the beach1
importance of preplanning, and difficulties associated with the statutory requirement to declare
a f3,tate of blight; when it is actually infrastructure in need of improvement that qualifies the
beach for a CRA. He listed reasons a beach CRA would be successful, explained the location
and role of the Jim Gray property in development of the CRA, and discussed life of the CRA in
relation to bond projects.
Concern was expressed a USF student prepared and presented to the Tampa Bay
Regional Planning Council his Master's thesis for a model Clearwater beach CRA plan, without
the City Commission having been aware of the thesis. Assistant City Manager Keller said
scheduling difficulties prevented the student from appearing before the Commission today.
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Approve transfer of $ 241,000 from General Fund to Municipal Services Complex (Project
94602) for funding of other non-construction expenditures; approve transfer of $241,000
in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction
Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal
and interest on the bonds, previously budgeted to be funded from General Fund revenues
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The Improvement Revenue Bonds, Series 1995, were issued in an amount of
$10,720,000, equal to the expected cost of the Police portion of the Municipal Services
Complex less the costs of issuance. From the time of the bond issuance in February 1995
through May 1997, the unspent bond proceeds earned $690,538.60 interest which was
deposited in the Bond construction Fund. A total of $100,000 in interest earnings was
previously allocated to fund the hiring of High-Point Rendel for project consulting services.
A balance of $590,538.60 was unallocated. Principal and interest payments on the
Improvement Revenue Bonds are approximately $560,000 per year. The interest earning on
the bond proceeds are legally restricted to be used only for construction costs on the Police
portion of the complex, or to pay principal and/or interest on the bonds. Non.construction
expenditures relate to the project as a whole, but only a portion of these costs IPolice)
could be directly funded from interest earnings on the bonds. Transferring $241,000 of
interest earning to the Debt Service Fund to pay principal and interest on the bonds will
allow for a $241,000 reduction in transfers of General Fund money to the Debt Service
Fund. A third quarter budget amendment will be made to reduce General Fund debt service
transfers by $ 241,000 and increase transfers to the Capital Improvement Fund by
$241,000. The Design Construction Team originally planned to incorporate $241,000 of
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non-construction items in the project budget, but It has become necessary to fund those
expenditures from another source. This agenda item proposes to increase the total project
budget by $241,000.
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The City Manager and Acting Assistant City Manager William Baird reviewed the
item. One Commissioner commented transferring the same amount of money around 50
many times gives the appearance of a shell game. Ms. Deptula clarified the accounting,
explaining how the $241,000 was transferred from one pot to eliminate the General Fund
having to pay the interest. Discussion ensued regarding why bonds were not issued. Ms.
Deptula said the issue is more complicated than it needs to be due to restrictions on use of
interest earnings. A question was raised why the utility billings have decreased from what
was projected in November. Mr. Baird will investigate. A question was raised why impact
fees h~ve been added to the totals since November. It was indicated the policy discussed
earlier in the meeting did not allow waiving impact fees. In response to a question, City
Attorney Akin stated a report on High Point Rendel will be issued soon.
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It a separate item, Deputy City Manager Rice reported the City received a request
from E. Ajamu Babalola on May 29, 1997 requesting early release of City funds for his
program. As timing of grant fund payments is very specific, Commission approval is
needed to amend the agreement and authorize early payment. Discussion ensued regarding
the stated reason for the request, procedure for reimbursement grant funding, and Mr.
Babalola's cash flow management. The City Attorney did not recommended releasing
funds 30 days early, stating the existing agreement should be followed as written, or
amended. Consensus was to follow the agreement.
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elK CITY CLERK
Community Relations Board - 2 appointments
City Clerk Goudeau reported two members of the advisory board have resigned.
One name was submitted for consideration, but the volunteer's related experience did not
meet the specific category needing to be filled. Consensus was to pull this item from
Thursday night's agenda.
OTHER CITY ATTORNEY ITEMS
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Settlement of attorney fees - Abdullaj versus City
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The City prevailed in this lawsuit alleging false arrest and civil rights violations and
is entitled to attorney's fees and costs by the plaintiff. City Attorney Akin recommended
accepting the plaintiffs offer of a $10,000 settlement, as the City could spend several
thousand dollars trying to collect the $40,000 due. In response to questions, she said
many of Mr. Abdullaj' 5 assets are in the name of his family members and could prove
difficult to collect. She estimated attempting collection would cost $3,000 to $4,000 plus
collection costs, but did not object to moving forward if that is the Commission's direction.
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Plant Bubba - Order re appeal of Planning & Zoning Board's decision (CU96-16)
The City Attorney submitted the final order for City Commission approval. The order
reflects the Commission's decision, the new conditions, and eliminates the previous
conditional use change of business ownership so this situation does not recur on this
prop'erty. The business has not obtained the right~of-way agreement for parking on Florida
,Power property, but expects to have it soon. The agreement was to have been obtained
within ten days of the hearing, but the Commission has not since met to approve the order.
She recommended approving the final order on Thursday, the immediately move forward.
City Manager Verbal Reports
Ms. Deptula said staff continues to get letters from Island Estates residents
requesting use of a certain parcel as a park. As Assistant City Manager Keller is in touch
with the business interests, she recommended delaying a presentation until the Island
Estates reclaimed water staging area is complete. Staff was requested to investigate a
banner on a sea wall advertising construction of luxury townhouses.
Commission'Discussion Items
Fluoridation of Pinellas County's Public Water Supply
In a letter dated May 15, 1997, Pinellas County Administrator Fred Marquis
requested the City's position on public water supply fluoridation. In the letter he stated the
Florida Department of Health recently urged Pinellas county to support drinking water
fluoridation. He noted the decision must be made by the total water community, and
enclosed an overview of the issues to help Clearwater reach this important decision.
Commission discussion ensued regarding the issue. Consensus was to draft a resolution in
support of fluoridation, for presentation at the next meeting, to allow time for public
reaction.
Set meeting date to hear Pinch-A-Penny appeal of Design Review Board denial of wrought
iron enclosure & green coated fence
Concerns were expressed with Design Review Board recommendations concerning a
wall and landscaping for the Pinch~A-Penny site. After discussion of the City Clerk's
advertising schedule, consensus was to hold a special meeting on Wednesday, June 18,
7:00 p.m. at City Hall Commission Chambers.
Other Commission Action
CommIssioner Seel congratulated the Parks and Recreation Department for its Rising
Stars Basketball program.
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Commissioner Clark questioned why the mode of operation was changed on the
electronic marquee at Harborview Center. Ms. Deptula responded it did not meet the sign
code. Commissioner Clark stated he has been approached by citizens wondering whether
additional temporary signage could be allowed on the day of events. Staff will investigate.
Commissioner Seel stated she has received numerous citizen complaints regarding clarity of
the sign. Commissioner Clark noted a steadily glowing message is easier to read.
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Commissioner Seel referred to a May 23 City Manager report that parking meter and
beach cashier revenues are up. She questioned whether revenues offset the good will
program. Ms. Deptula responded they do not, as parking revenues go into the parking
fund; parking fines go to the General Fund.
Commissioner Johnson requested rescheduling consolidated plan visits to sites
applying for CDBG funding. '
. :.
Commissioner Johnson expressed concern with one Planning and Zoning Board
member's unruly conduct during public meetings, indicating two members have resigned as
a result. He questioned whether the Commission wished to look at the board to determine
whether to ask for a resignation. It was indicated the Commission will have an opportunity
to reconstruct the boards when the land Development Code rewrite comes forward in
October. The City Manager said a program is being developed for board member
orientation, to familiarize them with the City's mission and vision.
Commissioner Johnson thanked Tourism Director Jean Sherry for tourism data she
provided.
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Commissioner Johnson asked someone to explain the Harborview Center review
recap. Ms. Deptula stated the report runs through March, 1997 and lists only the events,
$695,000 in revenues and expenditures of $370,000. The roport does not include
administrative costs or allocation of other costs. Staff was requested to ensure this item is
scheduled for a status report.
Commissioner Johnson questioned whether the Keene Road extension will be
realigned to meet the other end and whether the new palm trees along Gulf to Bay
Boulevard will be disturbed. Brief discussion ensued regarding impacts of the roadway
extension on businesses in the vicinity.
'.;
Commissioner Hooper will try to attend presentation of the Larry Stevens
Achievement Award to retiring Fire Chief Davidson in Orlando on July 17, 1997. He noted
Chief Davidson's name will appear on the Hall of Fame plaque in Tallahassee.
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Commissioner Hooper questioned whether Religious Community Services is
requesting CDBG funds to purchase a house on Gulf-to~Bay Boulevard, and requested
follow-up. Brief Discussion ensued regarding the choice of location.
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mws06a97
10
06/02/97
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. Commissioner Clark requested Commission direction at the next meeting regarding
whether to leave Intact, or make fishing piers of the old Gandy Bridge. He wishes to
forward the'Commlssion's input to the MPO. '
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Commissioner Clark reported the cAc (Citizen Advisory Committee) has passed a
resolution asking' for pedestrian activated crossing signals where Pinellas Trail intersects
major streets. Brief discussion ensued regarding the issue. It was indicated the County
should be asked to look Into the matter.
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Mavor Garvev expressed concern with a proliferation of banners. It was indicated
the Community response team is Investigating.
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Mavor Garvev stated she cannot attend the Suncoast League of Municipalities
meeting on June 19 and left information for any other Commissioner wishing to attend.
Mavor Garvev questioned when the Jolley Trolley's annual report is scheduled,
'loting they may wish to make a presentation to promote public interest.
Mavor Garvev questioned whether the City has a hurricane recovery plan. She
suggested a presentation regarding preparedness and recovery. The Mayor questioned
what the Clearwater, Visitors Bureau is doing to assist those who speak other languages.
Ms. Rice responded Mr: Goodloe will address evacuation and aftermath problems in the
next fire program.
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Commissioner Hooper reported he attended an emergency operations center drill last
month. ' " ,
Adjourn
The meeting adjourned at 3:47 p.m.
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, mws06a97
11
06/02/97
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