06/16/1997 (2)
WORKSESSION
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City CommissionWorksession Minutes
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Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Gwen Legters
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Interim City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
June 1 6, 1997
The meeting was called to order at 9:00 a.m. at City Hall.
I. Service Awards
May 1997 Employee of the Month w John Schauder, Marine Department
June 1997 Employee of the Month - Robert Cantrell, Solid Waste Department
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The work session recessed at 9:04 a.m. to meet as the CRA (Community
Redevelopment Agency) and Pension Trustees. The work session reconvened at 9:35 a.m.
PRESENT A TIO NS
USF Graduate Thesis - Redeveloping Clearwater Beach - Jason Westrope
Central Permitting Director Scott Shuford introduced Mr. Westrope, a University of
South Florida graduate student who wrote his Master's Thesis in Architecture on the
redevelopment potential of Clearwater beach.
Mr. Westrope gave a slide presentation outlining his thesis, entitled, "Coastal
Palimpsest." He explained the definition and thesis statement, stating sustainability
requires balancing culture, environment and economy. The primary concerns involve
geology, weather, coastal ecosystems, sensitive environments and tourist economy. The
solution is mediation of priorities through a systems approach to redevelopment. The goals
are to restore natural habitats, improve the quality of human habitats, and optimize
economic value of property. He noted increasing access to coastal resources reduces the
negative impacts of development. Illustrating his points with a conceptual model of
Clearwater beach, he said primary moves are to redistribute redevelopment landward,
replace surface parking with structured parking, reconstruct dune and mangrove habitats,
establish wildlife habitat and create wetland parks. Redevelopment actions are to adopt a
master plan; establish a beach eRA; create environmental quality zoning overlay districts;
designate a TIF (Tax Increment Funding) district; address land acquisition, disposition,
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PUR PURCHASING
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transfer, purchase and condemnation rights; Implement design review; and initiate
stormwater, beach/dune, and parking utility fees.
In response to questions, Mr. Westrope Indicated a benefit of parking garages is
they are modular, enabling addition of parking spaces as needed. A parking utility fee
would pay the cost of a parking garage by requiring everyone to contribute a small amount.
He suggested building parking garages on city~owned land where possible. Some garages
would have to be built on private land and privately operated so the entire burden would
not be on the City.
Comparing development of barrier islands he said, at 72 percent, Pinellas County
beach development is the second highest in the state, after Palm Beach. He explained
reference to the north beach as having environmental focus, the central area as
commercial, and the south beach as cultural, indicating the far northerly area is Caladesi,
. with a strong environmental focus. The south beach is cultural, in a broad sense, because
of the interaction of people in a public place. He did not find a reason for the huge tourism
spike in 1984, but said it is more critical to take note when numbers go down. He
es'timated $250 million for development costs, which did not include cost of the land. He
suggested most land acquisition would have to be done by private companies.
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Mr. Westrope noted Marina public areas are difficult to access from Pier 60.
Removal of surface parking is a sensitive issue because of people wanting to park right
next to the beach. He suggested creating drop-off points might solve the problem. A copy
of the thesis will be in the Commission's read file for reference.
· Publishing Hardware & Software, Ikon Office Solutions, $28,126; funding to be
provided under city's master lease/purchase agreement (1M)
Questions were raised regarding the proposed use, whether the hardware is new
and whether the lease/purchase includes a warranty and service agreement. Staff will
provide more information re,garding the proposal to upgrade the City's graphics equipment
to enable computer based publishing.
. Network Equipment & Software for Enterprise Network, Phase II, BCD Computer
Distributors, Inc., $127,345.83; funding to be provided under city's master lease/purchase
agreement ($89,521.38)(cash $37,824.45)(IM)
In response to questions, Interim City Manager Rice said fiber optic cabling will not
be needed for the network to function. She said CIP funding has been budgeted and the
cash is available.
CRT COMMUNITY RESPONSE TEAM
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Purchase two 1997 Ford Taurus sedans, Don Reid Ford, Inc., $31,840 (Consent)
GAS GAS SYSTEM
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The Community Response Team proposes to replace two vehicles that have outlived
their usefulness, but are not on the replacement list because they were originally obtained
from City surplus. The vehicles are not tied to the Community Response Team grant
program. A mjd~year budget amendment will provide for lease purchase of these vehicles.
In response to questions, Ms. Rice stated the CRT's vehicles need to be replaced,
and Fleet Maintenance has no vehicles in surplus.
Approve Clearwater Gas System (CGS) continued participation with Florida Municipal
Natural Gas Association (FMNGA) in joint municipal representation of Federal and State
regulatory and legislative issues and to pay related annual FMNGA dues and shared
expenses, 6/20/97-6/30/98, est. $60,000 (Consent)
The FMNGA represents 22 municipal natural gas utilities, monitors the State
legislative session, and represents said utilities on common issues before the legislature and
regulatory agencies. Joint representation lowers individual expense and leverages the
group's voice to increase standing before the regulators. The firm of Miller, Balis & O'Neil,
P.C. (MBO) of Washington DC represents FMNGA on Federal issues. William J. Peebles,
P.A., of Tallahassee serves as counsel on State issues. Rate Masters of Houston, Texas
provides specialized counsel for specific issues such as rate analytical services.
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The FMNGA activities result in lower supply gas costs for CGS and its customers by
participation in rate case activities, formation of the Municipal Gas Authority of Florida to
purchase bulk supply gas for 14 municipal systems, and holding down supply
transportation cost increases.
The CGS is assessed six cents per natural gas customer for dues to pay FMNGA
operating expenses on a State level. All Federal issues are proportionately billed to
participating members based on meter count and pipeline capacity. CGS spent $32,917.66
in the last ten months on FMNGA-related expenses, and projects $10,000 additional
expense by the end of the currently authorized period. With the current Florida Gas
Transmission (FGT) rate case in process, $60,000 is projected as CGS's share of FMNGA
annual expenses. The item will be funded under "Professional Services" as a recoverable
expense under the Purchased Gas Adjustment provision within CGS gas sales rates. The
Gas Supply cost center was created in FY 95/96 to capture expenses related to natural and
propane gas supplies.
Questions were raised regarding the contributions and annual budgets of the
22 participating municipalities. Mr. Warrington said CGS annual dues amount is $1,000, or
21 percent based on a pro rata formula. Most of the costs are tied to Federal legislative
issues. Staff will provide a list of the participants, what they pay, and for what the money
is used. Brief discussion ensued regarding the projected budget, what the lawyers achieve
and what the City gets for its $60,000. Mr. Warrington said the challenge is to ensure the
City pays the minimum possible fuel bill. The City pays the largest percentage in the
group, with the next largest entity paying 15 percent. The FMNGA is the only group of its
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kind In Florida. Private entitles have a separate association of gas distributors. While only
22 of 31 Florida municipalities participate, Mr. Warrington believes FMNGA speaks for
all 31. He said only 15 of the 22 use FGT lines and pay the cost of addressing Federal
pipeline Issues.
A question was raised whether $60,000 will be enough If deregulation becomes a
hot topic. Mr. Warrington responded federal deregulation issues are handled through
FPGA, and Florida is not directly impacted by Public Service Commission regulations. If
more work is needed on a local level CGS might have to come back for more money, but
Mr. Warrington did not foresee that happening.
Contract to renovate & expand Greenwood Panthers building at Phillip Jones Park,
Oakhurst Construction Co., Inc., $55,936.21; approve subsequent CO deduction of
$8,700, and approve transfer of $15,000 at 3rd Quarter from savings in other CIP's
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North Greenwood area residents, particularly volunteers who support the
Greenwood Panthers Culture and Sports Organization, Inc., have requested funds to
renovate and expand the existing 1 ,320 square foot building to better accommodate
Greenwood Panthers programs. Staff has worked closely with architect Steve Fowler and
Greenwood Panthers representatives on the project. The proposed contract will expand
existing offices, add a new 720 square foot weight room, expand and renovate the
concession room area. Construction will begin in late June, with completion scheduled
within 60 days, prior to the first home football game on September 6, 1997.
Estimated costs and current project budget are summarized as follows: Contract to
Oakhurst Construction Co., Inc. (with change order deduct), $47,236.21; Professional
Services (architect), $4,500; Geotechnical Services, $1,100; Advertising Bids, $468.82;
Contingency, $5424.97; Total Estimated Cost, $58,730. Staff recommends $8,700
valued engineering to reduce project costs from $55,936.21 to $47236.21. Staff
recommends a third quarter budget amendment to transfer CIP funds of $10,000 from the
McMullen Tennis Complex locker renovations and $5,000 from Jack Russell Stadium
renovations, to Phillip Jones Clubhouse renovations and expansion.
A question was raised whether weight rooms are typical in small centers. Parks and
Recreation Assistant Director Art Kader responded Ross Norton Park and Clearwater Beach
Recreation centers have weight rooms. The subject location is the only one with football,
and currently has a small weight room in a heavily traveled portion of the office area. The
proposal will separate the weight lifting area from office activities such as counting money.
He said a 720 square feet area is being added, for a total of 2020 square feet in the
building. He was confident the expansion can be accomplished within budget. He
expressed concern with the short time frame and hoped good weather holds, but said the
contractor has a track record of getting jobs in on time. The phrase, "apparent low bidder"
was used before it was known if the job was bid correctly, and should have been removed
from the item. He said the architect designed the expansion to meet the $40,000 budget.
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Only two bids were received because contractors are busy and it is difficult to get them to
bid small jobs. He confirmed the funds were saved from other projects.
EN ENGINEERING
Public Hearing & First Reading Ord. #6159~97 - Vacatlng portion of 10' drainage & utility
easement lying along north side of Lot 510, Morningside Estates Sub., Unit 68 (Ba,lk,
V 97-07)
The applicant is requesting vacation to construct a pool deck encroaching six feet
into the easement. No City utilities exist within the easement. Florida Power, General
Telephone, GTE Americast, Time Warner, and City staff have no objections. Engineering
staff has reviewed comments by the reviewing departments and recommends approval.
Staff was requested to include notation of physical addresses to supplement legal
descriptions whenever possible.
In response to a question, Mr. Baier stated staff is looking at vacation along the
entire line of properties in this area, as time permits.
Joint Project Agreement with FOOT for design, row acquisition and construction of
Memorial Causeway East Bridge replacement
, The current PD&E (Project Development & Environment) Study, begun in late
December 1995, was more than 80% complete by the end of April 1997. Approximately
120 people attended the December 3, 1996, alternatives public workshop. Following the
February 3 and April 14, 1997, presentations to the Commission, the City Commission
selected Alternative P4A as the Preferred Alternative on April 17, 1 997.
This Agreement is to secure $13-million from FOOT (Florida Department of
Transportation). Proposed funding for the project is to be provided by the City, County, and
State. The JPA (Joint Project Agreement) between the City and FOOT provides that FOOT
will reimburse the City for funds the City spends over and above the City and County share
to advance the bridge's construction. FOOT requires the proposed project be included in
Pinellas County MPO's (Metropolitan Planning Organization) LRTP (Long Range
Transportation Plan) before FOOT wlll execute this proposed funding agreement. Under
pending State legislation, FOOT cannot reimburse the City for design costs after July 1,
1997, unless a JPA is approved prior to June 30, 1997.
Presentations were made to the MPO's CAC (Citizen's Advisory Committee), TCC
(Technical Coordinating Committee), and MPO Commissioners. On May 14, 1997, the MPO
accepted CAC and TCC recommendations and amended the County's LRTP and TIP
(Transportation Improvement Plan) to include the Memorial Causeway Bridge Project.
This Agreement specifically details delegation of responsibilities: 1) City shall be
responsible for the project's PD&E and Oesign phase and 2) FOOT shall acquire rigl1t-of-
way, select and hire a professional engineering consultant to perform CEI IConstruction
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Engineering and Inspection) work during construction, and will maintain the bridge after
completion of construction.
Engineering Director Rich Baier distributed an updated agreement, highlighting the
salient points and indicating where it differs from what the Commission was previously
provided. He noted the agreement commits FOOT to reimburse the City $13 million. The
bridge is part of the State highway system and it has been made very clear the City does
not want to put on a toll. It is important to the City to have more than a "plain vanilla"
bridge design. Page 2 of the agreement refers to Exhibits A through 0 detailing:
1) schedules for project design and payout; 2) design approval prior to execution of the
agreement; 3) assignment of a project manager for design plans review; 4) list of State and
Federal standards; and 5) Memorandum of Agreement regarding City deposit of funds for
right-of-way acquisition by FOOT. He stressed the agreement must be executed before
June 30.
Discussion ensued regarding FDOrs commitments detailed on page 3 with regard to
the total $13 million reimbursement to the City. Up to $3 million will be paid for design
costs. Mr. Baier said a concern is not having a firm design estimate could shift design
costs back to the City because FOOT will not pay more than $3 million for design costs. If
design costs are less than $3 million, the balance would shift to construction costs. Ms.
Rice noted Exhibit C, the Memorandum of Agreement, provides for the City to deposit $39
million into an escrow account established by FOOT. Clarification was needed regarding
whether the $39 million must be deposited up front, before any construction, or prior to
any reimbursement by FOOT.
Discussion ensued regarding how the City's deposit is drawn down, and whose
money is used first. It was indicated the City pays everything up front, then DOT
reimburses the City $13 million. Under the agreement, DOT would not pay less than $1 3
million unless the total cost paid by the City was less than $1 3 million. The City could end
up paying more than $13 million. The County Administrator has assured the former City
Manager funds for the County's contribution would be available at the beginning of the
next Penny for Pinellas cycle in 2001. Discussion ensued regarding the need for bonding,
the need for a thorough financial analysis, and a concern projects will have to be given up
to facilitate bonding. Concerns were expressed the State will benefit from over $2 million
in interest on the $39 million escrow deposit. Ms. Akin will investigate to ensure the
interest stays in the account for the purpose of the project and does not become part of
the State's contribution. Ms. Rice said more work is needed on the agreement. She will
ask Finance how long it will take to prepare a financial analysis. If necessary, she will call
a special meeting to present the requested information. It was felt a better sense is needed
of the County's position. In response to a concern the State money is subject to yearly
legislative approval, it was indicated that language is standard and is not likely to change.
Mr. Baier highlighted the remainder of the agreement with regard to the City's
responsibilities. Staff was requested to ensure one audit report is sufficient provided it is
done by an outside auditor. Mr. Baier responded to questions regarding advance funding
for the phased project schedule. Construction is scheduled for completion by the end of FY
2002.
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Contract to purchase unimproved real property, (Joseph W. McGoldrick) Sec. 17-29~15,
containing 5.49 acres, m.o.l., together with improved real property commonly known as
325 David Avenue, for $386,000 and pay related transactions costs i'ncluding real estate
appraisal, environmental audit, boundary survey, recording fees and demolition expenses,
all maximally estimated at $8,225, for an estimated total of $394,225
The subject property is suitable for development of a stormwater treatment facility
to resolve problems: 1) replace collapsing stormwater system discharging from Condon
Gardens; 2) provide storm water treatment for area that discharges to Tampa Bay without
treatment; and 3) alleviate minor street flooding on adjacent Elizabeth Avenue. The project
also will provide stormwater treatment for the TBNEP (Tampa Bay National Estuary
Program) and NPDES (National Pollution Discharge Elimination System) Program.
The purchase price was determined by an appraisal performed by Jerry S. Fiala,
MAl, SRA, on April 28, 1997, that indicated the total land value is $360,000, plus
$26,000 for the single-family residence at 325 David Avenue that provides full legal access
to the wooded unimproved portion of the property. PBS&J (Post, Buckley, Schuh &
Jernigan, Inc.) performed a transaction screening site assessment. Their May 12, 19971
summary r,eport indicates no suspicion of current or past usage for the deposition of toxic
materials or hazardous wastes, and that no further investigations or testing is warranted, at
this time. The project will be developed for treatment and attenuation of storm water,
incorporating a small wetland while retaining transitional and upland trees on site.
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For the seller to comply with requirements of Section 1 031 of the Internal Revenue
Code of 1954, an "Addendum To ContractU attached to the contract exhibits an Exchange
Agreement to be executed by the City and Seller with American Midwest Bank & Trust to
facilitate an exchange of the property for other "like kind" property. The City would have
no further obligation relating to the exchange beyond executing the agreement.
In response to questions, Mr. Baier said replacing the collapsing stormwater system
is only part of the reason for acquiring the property. There has been some discussion of
creating a passive park. Staff will provide estimates of assessed value and how much will
be lost in tax revenue. Staff believes the acquisition is necessary. The charter requires
only one appraisal for purchases of less than $500,000. The property owner will be
required to purchase another similar property with proceed from this sale. Assurance was
requested the City will have no further obligation beyond executing the agreement. Mr.
Baier reported he confirmed Assistant City Attorney John Carassas is satisfied. Discussion
ensued regarding options for sale or banking of retention capacity for future development.
It was indicated retention capacity on this site would not affect Kapok Mobile. Home Park
requirements.
In response to a question, Assistant City Manager Keller was not aware of any
future development interest on the subject property. Staff will investigate. If the property
is purchased, the house will be torn down. While approximatel~' $18,000 in tax revenue
would be lost, acquisition could enhance other properties with stormwater credits, and
would help meet Parks and Recreation's need for park land in the area.
Work Order for providing construction services & quality control testing for Beach
Reclaimed Water Main & Island Estates Reclaimed Water System, McKim & Creed,
$80,000
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Island Estates Reclaimed Woter System Contract No.2 - Pumping Stations & Storage Tank,
Wharton Smith, Inc., $2,412,000
The Island Estates Reclaimed Water System is being constructed under 2 separate
contracts. On April 17, 1997, the first contract was awarded by the City for construction
of pipelines which will extend reclaimed water service to' Clearwater beach and Island
Estates. Contract #2 is for the pumping and storage facilities to complete the system
development. This project will begin about July 1997, with a construction contract time of
360 days.
This project includes a 5 MGD transfer pump station at the Marshall Street APe
Facility I a 5-million gallon ground storage tank, a high service pump station and associated
electrical systems, site work, parking, and landscaping. The parking facilities are intended
for community uS,e during non-working hours and the landscaping is designed to screen the
site from view from adjacent property.
Total estimated construction costs for the reclaimed water system are $6,070,295,
based on the Contract #1 award of $3,658,295 and this Contract #2 amount of
$2,412,000. This amount is within the projected total cost of $6,995,500. Engineering
construction management services for the project were included in a previous work order to
McKim & Creed. Costs for materials and construction quality control testing will be
included in a future work order and are estimated to be $25,000.
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In response to questions, Ms. Rice said a committee is working to inform local
residents and receive their comments and concerns. The site plan was displayed for a
month in the Martin Luther King Center. While some residents were still unhappy, they
were pleased to participate. Mr. Baier said the project will fund construction of the berm
and associated landscaping. The proposal is for one 5 MGD (million gallons per day) tank
to meet short and mid-term needs. A grant to interconnect with the Northeast plant will
eliminate the need for expansion. The northeast facility has approximately the same
capacity, with a small tank that can be used until it is known whether SWFWMD grants are
received. One big issue still under negotiation is whether the City will be allowed to
discharge treated water into Stevenson's Creek. The City's goal is to use all the reclaimed
water. Mr. Baier will verify the bid covers all landscape buffering to meet expectations of
the community.
The City Commission awarded construction contracts for the Beach Reclaimed
Water Main Extension and Island Estates Reclaimed Water system in previous agenda
items. The background on'the previous agenda items for the construction contract awards
identified the need for additional construction engineering services and quality control
testing. This work order provides for needed services to insure quality of work, to insure
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Res. #97-35 - Officially changing name of that portion of Bayview Avenue, lying south of
Gulf to Bay Blvd. and within city limits to "Old Bayview Avenue" '
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the Installed quantities of work are not misrepresented by contractors, and to assist In
resolving construction Issues raised by Impacted residents.
The Contractor proposes to use several construction crews at different locations
, within the project's limits. The Contractor's intention is to complete the work faster than
the allotted time frame of 540 days. A higher staffing level will be required for construction
services during the initial 6 to 8 months of the project. This work is subject to the
Cooperative Funding Agreement with SWFWMD (Southwest Florida Water Management
District) for the transmission pipeline portions of the work performed. Construction will
begin about June 16, 1997. Services provided by this Work Order will begin in July 1997.
Mr. Baler reported, while Clearwater beach residents have not agreed to participate,
a grant to extend the main would enable irrigation of Pier 60 park and other City property.
Concerns have been expressed by beach residents not wanting to pay for water they will
not use. Discussion ensued regarding accelerating the construction time frame from 540 to
360 days. A question was raised whether any penalties are in place to assure the City's
best interest is met. Mr. Baier responded the City will stay on top of the work efforts with
regular construction inspection and oversight to ensure a quality product. A penalty of
. $ 500 per day would be imposed for going over 540 days, but no incentive is in place to
ensure completion in 360 days. A question was raised regarding funding by mid-year
transfer of retained earnings. It was indicated the Island Estates reclaimed water projects
were included in the utility rate study. Retained earnings may not be totally replenished,
but it was anticipated some retained earnings would be used.
Jack Alvord, President of the Historic Bayview Association, has submitted a petition
signed by 20 residents requesting changing the street name south of Gulf.to-Bay Boulevard
from Bayview Avenue to Old Bayview Avenue. Eleven residents live in the City and nine
residents live in the County. The Association believes changing the name will improve the
response time of emergency vehicles. Residents are concerned the police, paramedics,
sheriff, and ambulances often respond, in error, to Bayview Avenue on the north side of
Gulf-to-Bay Boulevard. Residents also feel changing the street name will help Pinellas
County School Transportation Officials to recognize those who live south of Gulf.to-Bay
Boulevard and consider a school bus stop on their side.
In response to questions, Mr. Baier said the entire section of the right-of-way in
question is within the City limits. Objection was expressed to using delayed emergency
response time as rationale for the change, as emergency services are familiar with difficult
to find locations. Mr. Baier said emergency services would not confirm delays for liability
reasons. Concerns were expressed that approval could set a precedent, majority approval
has not been established, need has not been demonstrated because the expressed rationale
does not appear to be valid.
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In a separate iterr..., Mr. Baier distributed color chips and asked the Commission's
preference of color for the overpass at Gulf-to-Bay Boulevard and US 19. Consensus was
to recommend the lightest shade of brown.
The meeting recessed from 1 2:06 to 12: 12 p.m.
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(Cont. from 5/15 & 6/5/97 ) Public Hearing - Land Use Plan Amendment to Commercial
Neighborhood & CPO Zoning for property located on N side of SR590, approx. 700' W of
McMullen Booth Rd., Sall'sLake Park, Unit B, Tract B (Terepka, LUP97-02, Z97.03)
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The applicant proposes to change the Multiple-Family Residential "Eight" (RM-B)
zoning to Commercial Planned Development (CPO) for vacant property on the north side of
SR 590, approximately 700 feet West of McMullen-Booth Road and adjacent to the SPCA
(Society for the Prevention of Cruelty to Animals.) The applicant wishes to construct a
professional dry cleaning business office with ancillary services on the subject lot. The
applicant operates Spirit Cleaners at 1590 McMullen-Booth Road by SR 590 and indicates
that location has inadequate room for expansion.
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The item was continued from the June 5, 1997, City Commission meeting as the
applicant was not present and had requested a continuance to June'19, 1997. At that
meeting, citizen opposition to the rezoning was expressed. .
<~ The applicant intends to build two one-story buildings on the property: 1) 960
,',,' square feet and 2) 5,000 square feet. The property's current Land Use Plan Classification is
Residential Urban. Under the Land Development Code, the proposed business is categorized
as a "personal servicell which is not a permitted nor conditional use in a RM-8 zoning
district. The business will be a permitted use in the proposed CPO zoning district if the
request is approved.
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The subject lot is not City park property although the plat shows it as a lip ark. "
According to the applicant, the City rejected the previous owners' donation of the lot. No
homeowners association maintains the property which is littered with trash and debris.
Upon a search of City records, staff found no restrictions on this property to prohibit its
use for other than a park. The Parks & Recreation Department has expressed no interest in
the property as a park. .
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The lot has a non-conforming width of 85.03 feet when 90 feet is the minimum
required in the RM-B zoning district. The 29,750 square foot lot is less than an acre.
Establishment of a new CPO requires 4 acres or more. The property is not ideal for
residential development due to its size and the SPCA site to the east. Appropriate uses
might be noncommercial parking for the SPCA. The north end of the lot near the cul-de-sac
could be used for single family.
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Staff expressed concern the proposed development is not consistent with
surrounding land use patterns and in character with residential properties north and west of
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the subject property. Rezoning will not foster a consolidated commercial or professional
corridor as no such uses exist within the area. Proposed buffering on the site plan are
insufficient to mitigate adverse conditions to the residential neighborhood.
The 15 proposed parking spaces do not comply with Code as a 5,960 square foot
building requires 30 parking spaces. The signage issue is not addressed by the applicant on
the site plan. If approved for first reading, the City Commission should be presented with a
proposed sign allowance prior to second reading. Staff will recommend freestanding and
attached signage at the Public/Semi-Public level.
Staff feels the proposed construction of a professional dry cleaning business with
drive-through services at this location will impact negatively and exacerbate the noise and
activity already experienced by this residential neighborhood unless heavily buffered. On
May 20, 1 997, the Planning & Zoning Board endorsed the request by a 4-1 vote. '
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Central Permitting Director Scott Shuford stated the applicant has submitted a new
site plan, but has not adequately addressed staff's concern with excessive impact on the
adjacent residential area. The City has the ability to consider CPD zoning for properties
less' than four acres when in the best public interest. While agreeing this property is
difficult, staff's primary concerns are the adjacent residents' needs. Under the current
zoning, the only uses staff could recommend were ASPCA parking to the front, and
residential off the cul-de-sac to the rear and this has been suggested to the applicant. Mr.
Shuford was not aware of details regarding reports that the previous owner had attempted
to donate the property to the City or the ASPCA.
Public Hearing & First Reading Ords. #6154-97 & #6155-97 - Land Use Plan Amendment
to Residential/Office General & OL Zoning for property located at 1005 Howard Ave.,
Belmont Sub., 2nd Add., Blk F, Lots 5~8, less S 10' thereof (Young's Funeral Home /
Robert C. Young, LUP97-03, Z97-04)
The applicant wants to expand his full~service funeral home at 1005 Howard Street
to include individual family vieWing rooms, parking spaces to eliminate off-street parking,
and handicap rest room facilities which meet ADA (Americans with Disabilities Act)
requirements. He has acquired the adjacent four lots South of the business to facilitate this
'process. The subject lots are zoned Multiple-Family Residential "Eight" (RM-8) and have a
land Use Plan Classification of Residential Urban. A funeral home service is not a permitted
nor conditional use in RM-8 zoning but is permitted in Umited Office {aLl zoning. The
'Future Land Use Plan Classification of Residential Urban would be changed to
Residential/Office General to conform with the proposed zoning district, and be compatible
with the Countywide Future Land Use Plan Classification of adjoining properties North of
the subject lots.
The combined lots total 8,712 square feet (0.2 acres) which is less than one acre.
Two or more acres are required to establish a new OL zoning district. The proposed
amendments, however, would be an expansion to the applicant's existing property.
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Mr. Shuford said the sign is needed to identify the shopping center's Enterprise
Road entrance through Florida Power right-of-way. The requested sign would be allowed
within a Commercial Center designation, but a variance is needed due to the sign's location
in Florida Power right-of-way. Mr. Shuford noted the rules have changed regarding
consideration of signs as architectural structures. Staff will check to see what happened
to previously existing smaller sign.
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Staff believes this established business will continue to serve an Important public
function: The rezoning request is consistent with the adjoining land use patterns to the
North and compatible with the existing OL zoning district. Rezoning will provide the
applicant more flexibility and space to provide essential services to better run the business.
It will allow a development project that contributes positively to redevelopment. Adequate
measures should be taken to control site impacts, particularly to nearby residents to
preserve neighborhood integrity. On June 3, 1997, the Planning & Zoning Board
unanimously endorsed the request.
Mr. Shuford shared the Commission's concern with strip zoning the area, but did
not believe it would result from this amendment. This item will go to the PPC (Pincllas
Planning Council) after Commission approval.
Variance Is} to Sign Regulations for property located at 2601 Enterprise Rd., Sec. 32-28-16,
M&B 22.05 (Florida Power Corp. / Cypress Point Shopping Center, SV97-06)
The property, on the South side of Enterprise Road East of US 1 9N is zoned
Public/Semipublic. The applicant is requesting an area variance for a freestanding sign of
84.3 square feet to allow a sign area of 132.3 square feet and structure area of 156.3
square feet where the maximum permitted sign area and structure area are 48 square feet
and 72 square feet, respectively. The variance is for a freestanding sign for'the Cypress
Point Shopping Center. The sign will be placed in the Florida Power right-of-way which is
used to access the shopping center from Enterprise Road.
<:, The message area of the sign is 60 square feet. The sign will identify a 1 66,000
square foot shopping center on 17 acres. It is designed to complement the shopping center
and its sign on US 19N. Staff feels the sign will be an appropriate transition between
, neighboring signs.
Beach Redevelopment Plan Communication Proiect
After a staff presentation on the benefits of a Community Redevelopment Area (CRA)
plan for Clearwater Beach, the Commission directed staff to communicate the IIpros and cons"
of the CRA approach with beach business and residential communities; determine
redevelopment issues1 concerns, and concepts through this communication process; report
findings and recommendations for future action to the Commission periodically. To accomplish
this direction during the summer, staff plans to negotiate a contract with USF Prof. James
Moore. The contract will include: planning and expectations meetings with City Commission and
staff to identify the range of issues to be considered and the format and forum for public
meetings; two information gathering public meetings; a day~long design charette where
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redevelopment ideas will be sollcitedt discussedt and examined; a followup meeting where
public and design charette Ideas will be discussed.
Dr. Moore is extremely well qualified to conduct this project. He is a teacher and
presenter, and a nationally recognized leader in urban design, architecturet and development
economics. He has recently returned to USF from a visiting professorship at Harvard.
The contract will be for less than $10tOOO. Funds exist in a capital project account
intended for beach redevelopment planning. Staff will hire an emergency employee to assist in
managing the communications process. Staff needs assistance due to several other major
summer projects. Funding for this short term temporary employee will come from the same
capital account.
Staff will discuss eRA issues with the County Administrator to determine, and perhaps
resolve some of his concerns regarding revenues. Staff will schedule a planning and
"expectation" meeting between the Commission and Dr. Moore before July. Staff will provide a
status report at the July work session.
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Ms. Rice stated this item was brought forward for informational purposes. Questions
were raised why it is necessary to spend $10tOOO to supplement the study done in January.
Mr. Shuford said the January study was done to determine if conditions are right to establish a
CRA, not the receive public input. It is necessary to hold public meetings to actively convey
more information between the Commission and public. A qualified, objective person is needed
to facilitate those meetings. Dr. Moorets assistance was valuable in staff meetings two years
ago' regarding design issues. The importance of discussing CRA issues with the County
Administrator was stressed. Mr. Shuford said a County staff member will be on the committee
developing the plan. It was suggested to invite the County Commission to the public meetings
where this issue is discussed. .
The meeting recessed from 10:29 to 10:40 a.m.
Contract for non-legal collective bargaining representative services during, upcoming
negotiations with City's 4 unions to Cynthia Clark Sontag, at an amount not to exceed
$55,000
Three responses to the RFP (Request for Proposal) were received and evaluated by a
City staff committee. The two highest ranked responders made oral presentations to the
selection committee, and answered a series of ten questions. Based on the submittals; oral
presentation, structured interview, and proposed cost, Cynthia Clark Sontag was selected
as the Cityts negotiator in upcoming bargaining with the City's four unions.
The City will pay Ms. Sontag $50 per hour based on the amount of work and
availability of funds, with total compensation not to exceed $55,000. Funding will be
provided by a third quarter budget amendment transferring savings from capital
improvement project for City Hall renovation, to the City Manager's operating budget.
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In response to questions, Ms. Rice said in the past, either she or a law firm has
participated in bargaining. She will continue to participate but will need assistance. A third
quarter budget amendment is anticipated. Savings from the unfilled Assistant City
Manager position are being used elsewhere. It was noted 1100 hours is an estimate, and a
lot of pre-negotiation work is needed. What is not needed will not be used. She supported
the unions' desire for fair and quick negotiations, but did not have a feel for how much
time will be needed as several union presidents are new to the negotiation process.
Public Hearing - approve transfer of $1,000,000 of Penny for Pinellas tax from Drew Street
Widening project to the Memorial Causeway Bridget project
On March 6, 1997, the City Commission adopted Ordinance #6137-97 which
established the requirement for a special public hearing regarding any funding change in a
Penny for Pine lias project totaling $500,000 or more. The FY 1996/97 Mid-Year Budget
Review includes a bUdget amendment transferring $1 million of Penny for Pinellas
(infrastructure) taxes from the Drew Street widening project, where the funds no longer are
needed, to the Memorial Causeway Bridge Replacement project. These funds are necessary
to provide funding for design of the bridge.
In response to a question, it was indicated infrastructure taxes are no longer needed
for the Drew Street widening project because design and scope of the project have
changed since its inception eight years ago.
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Mid Year BudQet Review
a) First Reading Ordinance #6163.97 - Amending Operating Budget for Fiscal Year
ending 9/30/97
b) First Reading Ordinance #6164-97 - Amending Capital Improvement Program (CIPI
Report and Budget for Fiscal Year ending 9/30/97
The Mid-Year Budget Review is based on six months activity from October 1996
through March 1997. At mid-year, court fines are approximately 24 percent below
estimates primarily due to the beach courtesy warning program and anticipated revenues
are reduced by $222,500 in this category. Interest earnings on the General Fund cash pool
are lower than anticipated and result in a decrease in estimated earnings.
The mid-year amendments reflect the appropriation of $500,000 of unappropriated
retained earnings to the Special Program Fund for General Fund retirements. The available
balance in this project is apprOXimately $237,000. With several large retirement payouts in
the near future, including City Manager Deptula and Fire Chief Davidson, the current
available funding most likely will be used prior to the end of the fiscal year. A projected
schedule of funding needs currently is being generated for the current and FY 1997/98
budget years.
At mid~year, amendments to anticipated General Fund program expenditures reflect
a $14,836 increase and anticipated General Fund revenues are reduced by $401,605. The
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mws06b97
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total of these amendments ($416,431), along with the $500,000 transfer of
unappropriated retained earnings from the Employee Retirement pool, result in a net
transfer from General Fund unappropriated retained earnings of $916,441 at mid-year.
The Unappropriated Retained Earnings of the General Fund remain at $8,573,563,
which is 12 % of the total General Fund expenditure budget and well within the CIty
Commission's 10% reserve policy.
Water and Sewer Fund amendments reflect a $40,000 transfer to the Capital
Improvement Fund to establish a project to modify the Utility Billing System in 2000. All
other amendments are relatively small and routine in nature.
Gas Fund expenditure amendments reflect the increased cost of fuel, and the
$25,000 transfer to the Capital Improvement Fund to establish a project to modify the
Utility Billing System in 2000.
Solid Waste amendments reflect a $20,000 transfer to the Capital Improvement
Fund to establish a project to modify the Utility Billing System in 2000. Amendments also
reflect program savings in dump fees and garage charges.
Stormwater expenditure amendments reflect salary savings due to the transfer of a
position from the Stormwater program to the General Fund w Organizational & Employee
, Development program. Operating revenues include a small amendment to reflect higher
than anticipated collections for the year.
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Recycling Fund revenues anticipated decreases in the sales of recyclables and
offsetting increases in operatIng revenues reflecting higher than anticipated collections for
the year, and offsetting savings in Recycling program expenditures.
Revenue amendments to the Marine Fund reflect an increase in fuel sales and slip
rentals, which is offset by a decrease in the appropriation of retained earnings. Expenditure
amendments reflect an increase in inventory costs for the purchase of gas and oil to
compensate for the increased sales.
Parking Fund amendments to revenues indicate a decrease in other revenues due to
a timing variance in the receipt of funds from Pinellas County supporting the Beach Guard
function. Revenues also reflect an increase in the appropriation of prior year retained
earnings to offset budgeted expenditures. The expenditure amendment is to allow for an
increase due to the clean-up of the beach parking Jots after a large storm last October.
Harborview Center Fund amendments reflect a decrease in operating revenues due
to the loss of anticipated revenues on food and beverage sales, as well as slower than
anticipated sales. Revenues indicate a loan from the consolidated cash pool to offset the
operating deficit.
Amendments in the Administrative Service Fund reflect large savings in telephone
charges to City Departments, offset by a reduction in anticipated revenues from interfund
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charges. The General Service Fund also reflects several amendments recognizing the
Building & Maintenance program costs in the participation of the City Hall renovation
project. '
Amendments to the Capital Improvement program total a net decrease of $965,935.
The FY mid-year Budget Review includes a budget amendment transferring $1-million of
Penny for Pinellas (infrastructure) taxes from the Drew Street Widening project, where the
funds no longer are needed, to the Memorial Causeway Bridge Replacement project. These
funds are necessary in the Memorial Causeway project to provide funding for design of the
bridge.
, Other significant Capital project budget amendments provided by previous City
Commission action include: 1) $19,888 - Fuel Site Enhancement; 2) $8,100 - Municipal
Services/Public Safety & Police Complex; 3) $55,572 '- Telephone System Replacement;
4) $9,000 - Island Estates Underground Utilities; and 51 $4,124,094 - Reclaimed Water
Distribution.
The following Capital Improvement Budget increases have not been approved
previously by the City Commission: 1) General Public Buildings and Equipment: a) Parks &
Recreation Department Personal Computers - $1 24,000 lease purchase budget increase
and $16,000 Administrative Services revenues - replace 286 and 386 systems in outlying
facilities; b) Community Response Team Vehicles - $37,000 lease purchase budget
increase * replace 2 salvage vehicles; cl Geographic Information System - $56,250 budget
increase of unappropriated retained General Fund earnings - additional personnel costs;
d) Sand Key power line - $1,043 budget increase of interest revenues and $56,250 of
property owners share revenues - recognize receipts to date; and el Utility Billing Year
2000 Compliance Project - budget increases of $25,000 Gas revenues, $20,000 Water
revenues, $20,000 Sewer revenues, and $20,000 Solid Waste revenues * establish project
to program utility billing system for year 2000; 2) Public Safety: Fire Facilities Automation A
$73,000 lease purchase budget increase and $17,000 of General Fund revenues
representing savings in Fire Department operations - establish project for desktop
computers and enterprise network for remote facilities; 3) Leisure: a) Pier 60 Maintenance -
$14,540 budget increase of General Fund revenues representing Pier 60 revenues -
establish ongoing repair and maintenance project and b) Self-Checkout Systems - $77,600
budget increase of General Fund revenues to establish project to purchase systems for
Main, East, and Countryside libraries; 4) Utilities: a) Stormwater Quality
Improvement/Property Purchase - $111,070 budget increase recognizing State, City of
Safety Harbor, SWFWMD (Southwest Florida Water Management District), and Pinellas
County reimbursements for Del Oro and Alligator Creek stormwater projects: b) Habitat
Restoration & Improvements - $28,950 budget increase of revenues from other
municipalities to recognize SWFWMD reimbursement for Cooper's Point; c) Pinellas New
Gas Mains & Service - $59,496 budget increase of interest revenues to recognize interest
earned by gas bonds; dl Pasco Expansion/New Mains & Services - $131,000 budget
increase of interest revenues to recognize interest earned by gas bonds; and
e) Environmental Remediation - $30,000 budget increase of gas revenues from Gas
,Environmental EIA Recovery for additional remediation funding.
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Budget Director Tina Wilson stated salary savings from the unfilled Assistant City
Manager position are being used for' a Library web site technician, North Greenwood
improvements, furniture for the OED (Organization and Employee Development)
Department, a recruitment and selection position in Human Resources, and funding for a
temporary senior accountant in Finance. The primary amendments are to the General Fund
due to decreased revenues from beach parking fines and decreased interest earnings on the
General Fund cash pool. Many minor amendments are covered by savings. The Pension
Fund amendment will cover $358,000 for retirement of 19 employees this year, and an
estimated $620,000 for 23 individuals who have indicated they will retire in FY 1997/98.
The $230,000 currently in the account will be spent by the end of this year. The City will
be faced with not being able to fill the vacancies for a year if this amendment is not
approved. Discussion ensued regarding adequacy of the retirement pool.
Ms. Wilson reported funding of addItional administrative overhead for the City's
CRA was inadvertently placed in the County category. She highlighted an significant
amendment due to decrease in operating revenues resulting from Harborview Center's loss
of anticipated food and beverage sales. Questions were raised regarding reinvestment of
unappropriated retained earnings. Concerns were expressed with drawing down without
replenishing funds. Ms. Rice briefly outlined the City's cash management system of long
and short term securities. She will ask 'the Finance Department for an analysis. It was felt
the Commission needed to revisit the City's ten percent reserve policy to avoid having to
depend on FEMA in case of a major storm.
Ms. Rice reported staff is working with the Police Department to look at changing
how the beach courtesy program is managed. An update of Harborview Center operations
was requested, to be scheduled for the first August Commission meeting. A question was
raised regarding the special law enforcement trust fund and the amount being spent on
new computers. Staff was urged to look toward increasing drug enforcement and
prevention programming. Ms. Rice responded to concerns regarding funding the year 2000
computer upgrades. A committee is preparing a report. Referring to costs for City Hall
renovations, Ms. Wilson said it had been made clear in the beginning that bringing in
someone from outside might be needed.
OTHER CITY ATTORNEY ITEMS
Abdulla; v City - Attornevs' fees settlement issue
City Attorney Akin stated the second offer was $15,000, not $10,000 as
previously reported. This case has been seriously litigated since 1993. The City is
researching the plaintiff's assets in an attempt to get closer to the $40,000 actual cost as
directed by the City Commission. If the City does not prevail in the appeal, the City would
owe the plaintiff; however, the City believes it is entitled to payment of fees associated
with this false arrest suit. At the fee hearing, the judge will hear testimony regarding fees
to which the City believes it is entitled. Regarding collectability, Ms. Akin reiterated the
plaintiff has assets from which the City would attempt to collect. Consensus was to
proceed with the fee hearing.
mws06b97
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06/16/97
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Atrium v Cltv - Settlement aareement discussion ,
Ms. Akin said the final version is not ready for this agenda as she had hoped. The
issues have been resolved and she anticipated closing in the near future. A closing date
has not been determined.
City Manager Verbal Reports
Business. Retention & Growth Proqram
Mr. Keller introduced Diane Hufford, Loan Officer, who will coordinate the project.
Mr. Hufford stated the program is designed to encourage businesses to remain in
Clearwater, attract new development, promote business recruitment and complement the
City's business base. Each Commission member will visit 25 businesses that meet certain
criteria. She reviewed the process to be used. Participating businesses will be given a
certificate or plaque in appreciation. The program will start immediately, and will be
ongoing.
rn response to questions, it was indicated only businesses within the City limits will
be chosen for participation. Businesses will be selected according to how closely they
meet the criteria, based on a program survey.
Set TRIM Millaae Rate
In accordance with a recommendation from Ms. Rice, consensus was to set a
special meeting on July 14. This will allow time for new City Manager Michael Roberto to
become familiar with the proposed budget.
Commission Discussion Items
Votina Deleaate for Florida Leacme of Cities' Annual Conference - 8/21-23/97
A June 9 memo from Florida League of Cities Executive Director Michael Sittig
stated the League's 7pt annual. conference will be held at the Buena Vista Palace
August 21-23, 1997.
Ms. Rice' noted the conference conflicts with the City Commission schedule.
Consensus was not the change the Commission meeting schedule.
Consensus was to place appointment of Mayor Garvey as voting delegate on the
consent agenda.
Ms. Rice inquired whether the Commission wished to reschedule their first October
meeting in observance of Rosh Hashanah. Consensus was not to reschedule.
mws06b97
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06/16/97
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Other Commission Action
Commissioner Seal stated the projected date for the Phillies trip conflicts with the
Florida League of Cities conference. Commissioners Clark and Hooper said they cannot
attend on August 1. The Mayor stated the City is requesting the trip be rescheduled.
Commissioner Seel questioned whether City representatives will attend the Florida
Sustainable Community Network and Florida Economic Development Council and Enterprise
meetings. Mr. Keller responded affirmatively.
Commissioner Seel complimented Engineering Department's Dan Mayer for setting
up the Stevenson's Creek cleanup. She thanked all the participants, stating she was
among about 15 volunteers who worked two hours along the creek and trail. Phase 2 is
being planned.
Commissioner Seel complimented the EMS Department for their compassion and
commitment to their jobs. She rode with the paramedics last Saturday night.
Commissioner Seel thanked City Clerk Goudeau for her work on the letters keeping
the Commission up to speed regarding the legislative session.
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Commissioner Johnson questioned the value of the Film Commission to Clearwater.
Ms. Rice responded the Film Commission was created as an economic development tool to
promote tourism through advertising commercials, training films and the movie industry.
The film industry has generated over $ 5 million in definable economic benefit to Pinellas
County.
Commissioner Hooper concurred with the recommendation to appoint Rowland
Harold to the EMS committee.
Commissioner Hooper questioned what the Gas Division is doing in response to the
marketing satisfaction survey. Ms. Rice said the Customer Service Division is addressing
the issues raised by the survey.
Commissioner Hooper referred to a letter from Donald Ash, Senior, praising Carolyn
Brink of the City Manager's office for going out of her way to help citizens. Mayor Garvey
and Commissioner Clark added their thanks, stating Ms. Brink assists many in the same
manner.
Commissioner Clark thanked those responsible for eliminating the noise from the air
conditioning system.
Commissioner Clark referred to a memo from Engineering Director Rich Baier
concerning elimination of the historic Kapok Tree sign, questioning whether the item
emanated from the Commission. He thanked the Mayor upon learning she originated the
item.
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mws06b97
19
06/1 6/97
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CommIssioner Clark questioned what was done in response to Commissioner
Johnson's 'memo 'regarding the Jazz Foundation's request for $25,000. He noted it was
part 'of the alcoholic beverage ordinance for them to decrease their funding request. Ms.
Rice said she will write the $25,000 into the budget, and the Commission can decide the
issue during budget discussions.
Commissioner Clark requested clarification of comments in a letter from Susan Lee,
SHIP Executive Director. Staff will get an interpretation.
Mavor Garvev requested for information regarding the ability to apply for permits via
fax be sent to the Chamber of Commerce.
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, Adjourn
The meeting adjourn'ed at 1 :05 p.m.
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20
06/1 6/97,
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