09/16/1996 (2)
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,WORKSESSION
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Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
, Kathy S. Rice
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
City Attorney
City Clerk
Board Reporter
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
September 16, 1996
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The meeting was called to order at 9:00a.m. at City Hall.
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Service Awards
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Seven service awards'were presented to City employees.
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Thomas Mahoney~ EngineeringDepartment, was presented the August 1996
Employee of the Month award.
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Kelly OIBrien, Police Department, was presented the September 1996 Employee of
the Month award.
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The Commission recessed from 9:20 to 9:56 a.m. to meet as the Pension Trustees
and eRA (Community Redevelopment Agency).
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ED ECONOMIC DEVELOPMENT
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Res. #96-60 ~ amendino Res. #96-25 which established SHIP (State HOLlsina Incentive
PartnershiD) Local Ht?using Assistance Plan for State FY 1996-97
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On April 18, 1996, the City Commission adopted Resolution #96-25 establishing
the 1996/97 SHIP (State Housing Initiatives Partnership) Local Housing Assistance Plan
which indicates 10% of the $572,384 SHIP allocation will be used for administrative
expenses. Section 420.9075(6), Florida Statutes, indicates the City may use 5% of its
annual SHIP allocation for administrative expenses. It also states if the City Commission
finds, by resolution, that 5 % is insufficient to cover administrative costs, the City may
take up to 10% for administration. Resolution #96-25 does not reference this statutory
requirement related to administrative costs. The State requires Resolution #96-25 be
amended to reference this statutory requirement.
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09/16/96
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Economic Development Director Alan Ferri said the amendment corrects a
scrivener's error. Administrative costs have historically been budgeted at 10% except for
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his first year with the City. CDBG (Community Development Block Grant) funding allows
20% for administrative costs. In response to a question, he said no loans were closed at
the 5 % level of funding administrative costs. Loan Officer Linda Byars corrected the
agenda Item, stating 72 households had been served.
FN FINANCE
Purchase of DroDertv. casualtv. Iiabilltv. worker's comDensatlon. & flood Insurance
coverage for FY 1996-97, in an amount not to exceed $900,000
Risk Management purchases insurance coverage for the City. This year, staff
proposes 4 companies will cover 4 layers of excess property coverage for a total premium
of $427,500. Last year, Royal Surplus, Hartford Fire, Fireman's Fund, and Mt. Airy made
up Layer 2 and Fireman's Fund and ZurichfTravelers made up Layer 3. The new layer
being added includes no additional insurance coverage. The total amount of excess
property insurance remains at $70-million.
Staff recommends the City spend $849,773 for FY (fiscal year) 1996/97 insurance
coverage: 1) Excess Property: a) Layer 1 - $10-million H Westchester Fire - $190,000; b}
Layer 2 - $10-million - Royal Surplus - $150.000; c) Layer 3 - $ 20-million - Hartford Fire -
$37,500; and d) Layer 4 - $30-million - USF&G - $50,000; 2) Crime & Dishonesty -
Hartford ~ $5,660; 3) Boiler & Machinery - Kemper - $5,894; 4) Marina Operators -
Hartford - $11,350; 5) Underground Fuel Tank Liability - Comm. &. Ind. - $8,495; 6) Flood
Insurance - Bankers Insurance: a) Civic Center/Library - $4,074 - through 11/12/97; a)
Civic Center/Library - $4,074 - through 11/12/97; b) Gulf-to-Bay Waste Treatment Center -
$2,591 - through 11/12/97; c) Beach Recreation Complex - $2,119 - through 11/12/97; dJ
Marina Offices ~ $3,847 ~ through 11/12/97; e) Selcher Road Fire Station - $4,703 H
through 01/31/98; 1) Mandalay Avenue Fire Station - $4,770 - through 06/12/98; g) Seach
Police Station - $683 - through 06/12/98; h) MarshalJ Street Waste Water Treatment Plant
- $908 - through 09/28/97; and i) Sailing Center - $685 - through 08/03/97; and 7) ,
$366,494 for Ranger Insurance: a) excess auto - $500,000 coverage; b) excess general
liability - $500,000 coverage; c) excess workers compensation - $500,000 coverage; d)
excess police professional - $500,000 coverage; and e) excess public officials H $500,000
coverage
After review of coverages, rates, and the provision of these insurance policies. Risk
Management staff recommends these insurance purchases. The levels and rates of all
property risks represent a reasonable and conservative insurance program. Recommended
coverage begins October 1, 1996, and ends September 30, 1997, except for flood
coverage which has varied dates. Renewals and rates are contingent upon no adverse
event or weather occurring between now and the purchase date. Funds requested above
$849,773 will allow for property acquisition or construction of new facilities such as the
new Police Headquarters.
During the FY 1995/96 policy period, policy additions and changes to the excess
property coverage increased pro-rata premiums by approximately $20,000 to $441,214.
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HM HUMAN RELATIONS
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The inCrea!;B of the total insured value of City property from $168,803,770 to
$193,895,686 was based on property acquisitions and the construction of new facilities.
It was questioned if the level of insurance coverage was sufficient in case of a
catastrophe. Risk Manager Leo Schrader said the Central Insurance Fund includes more
funds for claims. Finance Director Margie Simmons said money borrowed from the fund is
in excess of what is needed for daims. Annual reports' on the fund are prepared. The City
Manager said If all available funds are considered, coverage is not adequate to take care of
a catastrophe. She said the City would rely on federal assistance, etc., should it be struck
by a hurricane. An analysis of all fund reserves was requested. The City Manager said the
City Commission will spend a Work Session reviewing the financial statement in February
1997. Unused funds are considered unclaimed retained fund.
Aoorove recommendations of Technical Review Committee for allocation of $38.000 in
additional city social service funds which were approved by the Commission during budget
hearings
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By City Commission direction, the Social Services Grants Program became
competitive effective FY 1993/94. In March 1996, staff mailed grant application forms
and instructions to area agencies which had participated previously or had expressed
interest in the program. Requests were limited to $10,000. Agencies could submit only
one application per project and could not apply for funding from both the City Social
Services Grants Program and the Consolidated Plan Program for the same project.
Agencies were advised the anticipated total funding level would be $62,000. The City
received 34 grant applications requesting $257,206.
On July 18, 1996, the City Commission approved the TRC's (Technical Review
Committee) recommendations for the $62,000 allocation. During budget hearings, the
City Commission increased the FY 1996/97 funding level by $38,000 and requested the
TRC reconvene to recommend allocation of the additional funds. On August 8, 1996, the
TRC reconvened: 1) Kathy Boculac, Program Administrator - HRS; 2) Elizabeth Smoot,
Single Parent Program Coordinator - PTEC (Pinellas Technical Education Center); 3) Jill
Perrino, Member - Clearwater Community Relations Board; and 4) Herbert Freitag, Chair -
Clearwater Community Relations Board. Jerome Brown, Assistant Director of Pinellas
County Social Services Department was unable to attend.
TRC recommendations are based primarily on the agencies' 'average numeric scores.
Most proposal3 were funded in amounts less than requested to allow a greater number of
agencies to be funded: 1) Girls Inc. - $5,000; 2} Neighborly Senior Services, Inc. - $4,981:
3) Partners in Self-Sufficiency, Inc. - $2,000; 4} YWCA of Tampa Bay - $4,500; 5)
African-American Leadership Council, Inc. - $5,000; 6) Quest Inn, Inc. - $5,000; 7) Family
Resources, Inc. - $3,500; 8} RCS (Religious Community Services, Inc.) Food Pantry -
$3,710; 9) RCS Furniture Warehouse - $1,550; 10} Resoun:e Center for Women - $1,759;
and 11) West Central Florida Council - Boy Scouts of America - $1,000.
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09/16/96
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Assurances were requested that these funds target Clearwater residents. Human
Relations Director Eleanor Breland said a percentage of all the programs targets
Clearwater. Some programs serve the entire County. She said how much this issue
weighed on the final recommendations was up to the TRC.
Consensus was that programs recommended for funding should target Clearwater
residents.
In response to a question, Ms. Breland said the TRC consists of volunteers who are
familiar with social service agencies. She reported Community Relations Board members
serve on the TRC. The City Manager indicated the City Commission did not establish the
TRC. The Commission had directed a review mechanism make certain funding did not
overlap. It was recommended the City Commission appoint TRC members. Recent
welfare reform was noted and it was suggested the City Commission should not support
, this program at all. The City Manager said the City Commission would have to decide that
issue before February 1997 . She noted tl1e City had created some expectation.
Consensus was to address the funding issue in January or February 1997.
Staff was requested to present data regarding the residency of clients served by
agencies approved for funding.
MR MARINE
(Conttd from 08/15/96) Marina Business Plan
In her September 13, 1996, memorandum, the City Manager indicated staff has
reexamined the original proposal in the Marina Business Plan for slip increases at the
Marina. The original proposal was based on the market survey prepared for the City that
indicated many of the Marina1s commercial rates were significantly less than rates charged
by other public and private facilities. The proposed increases would be: 1) 1 5 % for boats
with capacity up to 69 passengers; 2) 30% for large commercial boats with capacity of 70
or more; and 3) 50% for paras ail operations. Dock space rental would only be charged the
two tenants with more than 200 square feet of office space.
The modified rate increase will result in a slightly negative bottom line for the
enterprise fund. A reduction in the transfer of planned Capital Improvement Projects could
cure the FY 1996/97 operating deficit. The MAB (Marine Advisory Board) recommended
the City Commission adopt the Marina Business Plan as originally proposed.
The City recently has invested significant resources to upgrade the Marina's
facilities and amenities: 1) "tropical seascape" facade and other site improvements; 2) free
sewage pump out stations; 3) continuing replacement or repair of docks; 4) install
equipment for ADA access to boats; 5) extend lines to larger boats to allow refueling at
their docks; and 6) after hours on-site security provided by the Cityts Police Department.
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09/16/96
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The City Managor reported the high increases recommended for parasail operations
were based on studies that indicate current rates are out of line with the market. After
recalculation, a slight deficit exists. She said the Marina's bottom line will be affected if
the City Commission does not approve the business plan. She noted the City's significant
investment in the Marina during the past yew years and stated Clearwater's Marina is one
of the best on Florida's West coast. In response to a question, Harbormaster Bill Held said
space used for office space at slip #58 will be eliminated. He distributed rate sheets
indicating the revised proposal increased some rates slightly. He said the estimated
$3,305 shortage can be reduced by staff performing some repair work in-house and
reducing the CIP for the Seminole Launch Ramp by that amount.
. Concern was exprossed the Marina is requesting a slip increase while limiting the
ability of marina businesses to grow due to a lack of parking. Mr. Held said Commission
approval of the proposed causeway parking may impact Marina parking. The City Manager
said that proposal was remanded to several advisory boards for review. It was felt the
slips retain their value whether or not marina businesses can expand. It was noted some
growth potentia' is limited by licensing. 1t was questioned if the City can justify proposed
increases for paraseil operations. Mr. Held said last week, the operators of one parasail
business indicated they were happy with the increase.
Pier 60 Business Plan
The Marine Department administers the Pier 60 enterprise fund. The pier was
established as a public service to take advantage of City-owned property and to better
serve the fishing community by filling the void for an area fishing facility. The pier cost
$2,200,74f to rebuild in April 1994. Features include an air-conditioned bait house, 6
covered pavilions, a free section with te\escopes, a professional staff, 24-hour a day
services, a snack bar,.rest.rooms, tide and weather information, and reasonable rates.
The City Manager recommended Pier 60 become a General Fund operation. It was
suggested staff present business plans in folders instead of 3-ring binders. It was
questioned where concession revenues are listed in the program statement on page 39.
The City Manager said Chandler's lease was in the General Fund and never was considered
part of the Pier 60 fund. Concession revenues wi\l be used to offset the cost of the new
Clearwater beach pool and will not be used to off set Pier 60 expenses. The City Manager
said Pier 60 should not be an enterprise fund because it cannot cover expenses. It will
barely cover expenses as a General Fund. She stated in the past, concession revenues
went to the General Fund.
U.S. Coast Guard Lease for marina buildinQ room 26. for a 5 vear Deriod. with annual
renewals through 9/30/01 . for $11 .400
On November 5, 1991, the 'City entered into a U.S. Government Lease with the
Coast Guard for Room 26 on the Marina's second 1\oor for use as a dockside office and
storage space for the Point Jackson. Under the previous lease, the Coast Guard paid
$1 25/month for 207 square feet. Staff advised the Coast Guard of the square footage
and indicated the new rental rate is $11/square foot, or $2,280 per year ($190/month).
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This 5 year lease starts October 1, 1996, and includes an annual CPI (Consumer Price
Index) increase. At the option of the U.S. Government, the new lease can be renewed on
an annual basis. Increases to the rental payment can be reviewed annually.
In answer to a Question, Mr. Held said the Coast Guard pays slip rent under a
separate agreement. Their slip rate also was increased proportionately.
PO POLICE
Lease Agreement with Oavstar Prooerties. Inc.. for oremises located at 1217 AN. Ft.
Harrison Ave.. for the period 10/01/96 -09/30/99, at an annual rental of $6,600
The Police Oepartmenfs goal is to provide community based police services. In
September 1994, the Police Department established a 5~officer substation in a N. Ft.
Harrison Avenue storefront in the Old Clearwater Bay community. Since then. an
additional officer and AmeriCorps/NuCops members have joined the project. That location
is too small for staff and equipment. The new, central, highly visible office will provide
adequate work and storage space for staff and equipment. The Fire Department will
initiate its first neighborhood substation there.
The landlord is paying for renovations. Fire Chief Robert Davidson said Fire
Inspectors will work out of the new location and the number of Fire personnel will not
increase. Police Chief Sid Klein said the $350 monthly rent on the previous substation will
increase to $400 in October. With the Fire Department sharing expenses, Police
Department rental costs will decrease. In response to a question. he said the AmeriCorps
grant to SPJC (St. Petersburg Junior College) has been funded for a second year and he
felt confident a third year of funding will be approved. Chief Davidson thanked Chief Klein
for his assistance. He said the substation will inform local residents on how to become
firefighters and will start a Fire Explorers group. A presentation to the Commission
regarding Fire and Police Exptorer programs was suggested and staff was requested to
track the presentation.
The Commission recessed from 10:46 to 11 :01 a.m.
EN ENGINEERING
PubUc Hearing & First Readina Ord. #6082~96 - Vacatina existing 1 O' drainaae & utilitv
easement Ivin" along SE side of lot 12. Forest Wood Estates (David D. & Kathleen
Clausen. V96~ 11 )
The applicant wants to construct a swimming pool and screened enclosure in his
backyard. The City has no existing or proposed utilities within the subject easement.
Utilities have reviewed the proposed request and voiced no objections. City departments,
concerned with vacations, reviewed the application and offered no objections. The
applicant also requested the Commission allow him to legally add approximately four feet
of adjacent property to his ownership. As that subject property does not belong to the
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09/16/96
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City, the Commission cannot address that request. The City Engineer recpmmends
approval of the vacation request.
Concern was expressed that no legal jeopardy would result from the request for
private property not owned by the City. The City Attorney said that is not the case.
License Aareement for rMoMw with Sun CountrY Cleaners. Inc., for portion of Lots 6M1 0, Blk
C, Coachman Heights Sub., for 5 years, with initial year license fee of $1,020 if paid at
$85 par month; or at Licensee's option, a single annual advance payment of $960 plus
applicable sales taxes, adjusting upward 4% annually, having option to extend for 3
additional 5 year terms
Sun Country Cleaners, Inc.. the "Licensee. tt operates a drop-off station in a 600
square foot building on a 25-foot vyide lot at 911 Court Street. The Licensee requested a
rightMofMwav. easement across adjacent City-owned property for traffic flow around its
facility between Court and Chestnut Streets. An engineering consultant prepared a
description of right-ofMway premises containing 3.313 square feet, more or less. An
annual license fee was calculated to yield approximately 6% annual return on $4.50 to $5
per square foot land valuations as determined by several City appraisals in the immediate
vicinity during the past 2 years. The term of the proposed agreement is 5 years, with the
Licensee having the option to extend the agreement for 3 additional 5-year terms,
providing the Licensee is not in default.
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The agreement specifies: 1) Licensee will procure and maintain adequate insurance
as approved by City Risk Manager; 2) Licensee will submit plans for paved driveway for
Engineering Department review and comment prior to applying tor site plan approval; and
3) Licensee will pay all ad valorem taxes the agreement may create. The City may
terminate the agreement upon 30Mday written notice should the Commission determine the
premises are needed for another purpose.
, In response to a question, the City Attorney indicated a license agreement affords
the Licensee less of an interest in the property than a lease. Engineering Director Rich
Baier said the creaners had requested the five year term as they will make improvements.
It was questioned why staff recommended paving land where drainage issues are of
concern. Mr. Baier said the agreement relates to an upland section. Currently, customers
drive across the land and ruin the sod. The Cleaners has limited parking off Court Street.
It was noted these conditions existed before the cleaners located to the property. Mr.
Baier said the City can bar the cleaners from using the property or accommodate them in
the suggested manner. In response to a question, the City Attorney said the City would
not have to pay for improvements if they canceled the agreement. It was recommended
the City look for a return greater than 6% annually.
SUDolemental Agreement #9 to consultant services agreement (re Clearwater Pass Bridee)
with David Volkert & Associates, Inc.. providing for preparation of Record Drawings and
providing redistribution of approved payment amounts in Phase II of the agreement with no
increase to the agreement amount
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Supplement Agreement #9 to the Professional Services Agreement with David
Volkert & Associates, Inc. rearranges available approved funding for Phase II
(Construction) to fund prepa,ration of Record Drawings. Supplement Agreement 118
originally included preparation of Record Drawings. During construction, however, the City
and FOOT (Florida Department of Transportation) requested additional assistance from
Volkert: 1) preliminary evaluation of alternatives to accommodate sport fishing; 2)
evaluation of aesthetic lighting alternatives: 3) design of aesthetic lighting system; 4)
evaluation of unusual bridge foundation production delays and drilled shaft installation
problems; and 5) claims assistance. During construction, requirements by FOOT, adjacent
property owners and the City for changes in the scope of work resulted in a shortage of
funds to complete all tasks listed in Supplement Agreement #8. Supplement Agreement
#9 provides the transfer of $12,356.37 of unused out-of~pocket funds from Supplement
Agreement #4 to the Supplement Agreement #8 lump sum price for additional work in
Phase II. Completion of the Record Drawings will complete Volkert's responsibilities as
Engineer of Record for the Clearwater Pass Bridge Replacement project.
It was questioned if this agreement represents the projecfs final completion. Mr.
Baier will report on Thursday if any outstanding issues exist. He said recent expenses
include installation of fencing beneath the bridge, changing some street lights, and a
change to the wall next to Leverocks. Revision to the plans did not change bottom line
costs.
Contract for demolition of structures at 1 0 S. Missouri Ave.. & 1165 Cleveland St. to E.L.
Trevena, Inc., Pinellas Park,. FL, for $154,637 and approve environmental projects costs of
$42,648.60 to: Advantage Environmental Services, Inc. ($4,330) on current annual
contract with General Services; Lang Engineering of Florida, Inc. ($25,576.80) on current
annual contract with University of South Florida; Occupational Health Conservation, Inc.
($3,992) on current annual contract with Pinellas County; $5,750 reserved in case
contaminated soil is encountered: $3,000 reserved for disposal of hazardous waste
products presently remaining on site: an additional $475.65 included for advertisement of
the project, for a total of $197,761.45
Staff recommends demolishing and removing two commercial structures: 1) 10 S.
Missouri Avenue, AIKIA City Hall Annex. This approximately 70,000 square foot, 2~story
structure contains concrete block walls on a concrete foundation with structural steel
members and a corrugated metal deck roofing system. Total demolition costs are
$134,555.37 and 2) 1165 Cleveland Street, AIKIA Enterprise Car Rental/Stone Buick
Body Shop. This approximately 18,000 square foot, single story structure contains
concrete block walls on a concrete foundation. All sheds and out buildings also will be
razed. Total demolition costs are $14,781.63. Additional demolition costs include $1,800
for project signs and $3,500 for clean fill material.
Demolition will remove the building structures and pavement areas. Remaining
appurtenances include Pierce Street pavement, the parking lot South of Pierce Street,
existing landscaping and sidewalks along Missouri Avenue and Cleveland Street, and
mature trees in existing traffic islands. The site will be finished, graded, and seeded. The
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fueling station adjacent to Pierce Street will be removed in a future contract by a
contractor specializing in fuel tank removal.
Project costs include several environmental items: 1} Fluorescent Lamps -
Advantage Environmental Services, Inc. will dispose of all mercury containing fluorescent
lamps and starter ballasts for $4,330; 2) Asbestos Abatement - FGS, Inc"s April 6, 1994,
ACM (Asbestos Containing Materials) Survey indicated both structures contain friable
ACMs which must be removed prior to demolition. The cost for Lang Engineering ot
Florida, Inc. to remove the ACMs is $26,576.80 plus $3,992 for required air monitoring by
Occupational Health Conservation, Inc.; 3) Soil Contamination - if contaminated soil is
encountered during demolition, it is estimated soil screening, pre burn analysis, and soil
disposal will cost $5,750; 4) Hazardous Waste - disposal of on site hazardous waste
products is estimated to cost, $3,000; and 5) Project Advertisement is estimated to cost
$475.65. The complete project is projected t9 cost $197,761.45. Demolition will begin
about October 1, 1996.
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The City Manager faft the proparty would be more marketable without the structure
and recommended razing it for safety considerations as it continues to deteriorate. Parking
lots South of Pierce Street will not be removed. She reported receiving an offer to rent the
building "as is. If She did not think renting the building would improve the property's
marketability. It was suggested the property would look better cleaned. Mr. Baier said the
project has been coordinated with the Parks & Recreation Department. Staff does not
think eight palms in question are worth storing and replanting. He said the contractor's bid
includes a $1 ,800 charge for two project signs but did not know what else was included in
that line item. This bid was the lowest one submitted. Mr. Baier said the inspectors and
surveying crews that remain on-site will be relocated to a Public Works site off Hercules
Avenue. Meter repair will be moved near Myrtle Avenue. The Annex site also is used
currently for storage and refueling.
It was questioned if those who offered to rent the buildiny had proposed to improve
its appearance. The City Manager said staff had not gone forward with any negotiations.
Those who made the offer felt it would be a shame to demolish the structure. Mr. Baier
said a recent lightning strike has caused a roof leak. Water is standing on the first floor,
the roof is in poor condition, and the building does not meet the fire code. The City
Manager noted the building has structural problems and recommended the City not retain
responsibility. In addition to money set aside in the 3rd quarter budget, the project already
was partially funded. It was suggested these costs should have been anticipated and
included in the Municipal Services Building budget.
Concern was expressed the budget does not include landscaping. The City
Manager said the site will be seeded. It was felt seeding the lot could be a disaster and
dirt would blow off site. It was suggested the City not spend $20,000 for sod. Mr. Baier
said the seeding is warranted for a year. It was requested staff research the cost of
ensuring the site becomes a grassy area.
\.'r...,J
mws09b.96
9
09/16/96
Mr. Baier said the selection committee found experience most critical. Company
resources were reviewed to be certain the FBO can meet demands. Economic return to
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ContrQct for D8fklnq attendant services at Pier 60 & S. Gulfvlew Darklna fots to Central
Parking System of Florida, Inc., Tampa, FL, for the period 10101/96 ~09/30/99. for
$802,1 58
Attendant parking began at Pier 60 in April 1990 and at the two South Gulfview
lots in March 1993. On August 15, 1996, the City received bids for parking attendant
services for these 718 spaces. Central Parking System of Florida, Inc. submitted the low
bid of $802,158 ($22,282.17/month).
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Republic Parking Systems has provided attendant parking services since its
inception. Since October 1, 1993, their rate has been $21,717. SO/month. The
recommended contract reflects a 2.6% increase. Annualize revenue per parking space for
attendant parking is $1,425. Total annual revenue for the 3 beach lots is $1,023,000. It
is estimated having City employees provide this service would cost 25 % more than Central
Parking system's bid.
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A report was requested listing historical data comparing the net costs and revenues
of'metered and attendant parking. Mr. Baier said that data was reviewed a year ago.
Although attendant parking costs more, an overwhelming number of beach patrons
indicates attendant parking is more customer friendly and makes visitors feel more secure
and their beach visits more pleasant. He indicated some vocal merchants oppose
attendant parking. The decrease in revenues is attributable to other things such as
courtesy warnings. Complaints were noted that some attendants are not customer
friendly. Mr. Baier said that issue has been addressed, noting the service is contracted.
The new vendor will provide customer service training.
Aoorove rankina of orosoective Fixed Base Ooerators to furnish aviation services at
Clearwater Airoark
On April 22, 1996, the City solicited RFPs (Requests for Proposals) for a 5~year
lease agreement for a FBO (Fixed Base Operator) to provide aviation services at the
Airpark. The City received 4 bid proposals. The staff selection committee included: 1)
Engineering Director Rich Baier; 2} Finance Director Margaret Simmons; 3) Internal Audit
Director Dan Katsiyannis; 4) Solid Waste Director Bob Brumback; and 5) Engineering Staff
Liaison for the Airport Authority, Glen Bahnick. On July 18, 1996, the selection
committee determined alt candidates met the RFP's minimum qualifications. On August 6.
1996, the candidates made presentations to the selection committee. Each candidate was
evaluated: 1) experience; 2) fullness of resources; 3) economic return to the City; and 4}
safety.
'On August 12, 1996, the selection committee finalized rankings: 1) Clearwater
Aircraft, Inc.; 2) Clearwater Flying Corporation; 3) D/B/AI Armament Systems Company;
and 4) Homecare Industries. Staff recommends the Commission approve the selection
committee's ranking and authorize negotiations for contractual services in ranking order.
ij;JJ
mws09b.96
10
09/16/96
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the City was based on figures presented in the bids. Some proposed revenues were based
on the City Commission approving some significant improvements. The top ranked
candidate, Clearwater Aircraft, Inc., is the current FBO and was faulted in several areas
including keeping up with the times and providing concierge type services. Mr. Baier said
the lease agreement will include accquntability standards. It was noted Clearwater
Aircraft's ranking above Clearwate'r Flying Corporation is based solely on experience. Mr.
Baier said each applicant's raf~rences and experience running an Airpark were reviewed.
Mr. Baier said the current FBO's contract was not renewed automatically after the
FBO changed its corporate name. He said the FBO cannot be held accountable for items
not clearly specified in the lease. He said the lease must detail accountability and
consequences. He said those with aircraft overwhelming support Clearwater Aircraft's
owner Clarence Emshoff. It was suggested Mr. Emshoff may owe the City money. The
City Attorney said that debt is owed by a company not associated with Mr. Emshoff. Mr.
Baier said Mr. Emshoff does not owe the City tax money.
It was questioned if the RFP and lease agreement address aircraft sales. Mr. Baier
said that will be addressed during negotiations of the contract. He noted Clearwater
Aircraft also has requested 55-year renewals. He said the entire package will be
reviewed. Concern was expres:;;ed the rankings differ by only 2 or 3 points. Mr. Baier said
ran kings were not influenced by personalities as many committee members did not know
the bidders.
Concern was expressed the current FBD has not performed adequately. Mr. Baier
said the Airpark Authority is reviewing issues that need to be addressed. Engineer Glen
Bahnick said the new lease will require an annual independent audit. The previous lease
only required a financial statement. In answer to a question, the City Manager said not all
City leases require audited statements. Deputy City Manager Kathy Rice said staff feels
audited statements are important and are reviewing lease renewals regarding this issue.
In response to a question, Mr. Baier said Clearwater Aircraft had changed its name
when the previous company's Tampa business declared bankruptcy. It was felt the
current FBO should not have received high ratings for experience. It was suggested the
RFQ should have included specific landscaping requirements. Concern was expressed the
top rated firm was rated lowest for safety. Mr. Baier said safety issues also are part of an
applicant's record of experience.
The Commission recessed from 11 :53 a.m. to 12:50 p.m.
Work Order to Post. Bucklev. Schuh & Jerniaan for Downtown Lake Cell 112 redesiqn
The City Manager said this request is based on Commission discussion regarding
the proposed Town lake. The Work Order to redesign Cell #2 is estimated to cost
$19,065 and will take 5 weeks to complete. Significant staff time is involved. In answer
to a question, Mr. Baier said the City has spent $140,000 reviewing the Town lake issue.
A fatal flaw approach was used. The City received a Phase I containment assessment
report, a preliminary design, and design graphics. It was questioned who changed the
mws09b.96
11
09/1 6196
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design from one lake to three. Mr. Baier said as the project was reviewed, staff realized
the projecfs most important component was the stormwater clean-up aspect and the best
scenarlo would be one lake with 3 cells. He said the proposed Work Order would redesign
Cell #2 to stand alone. .
The size of the smallest pond that would prevent downtown flooding was
questioned. Mr. Baier said the Work Order would address that issue. He noted the area
primarily has localized street flooding. One property experiences water run. off . The study
also will consider the attenuation needs of the City Hall Annex and Winn.Dixie sites.
It was felt this burden to City taxpayers is not justified. A recommendation was
made to discontinue spending money on a town lake project. In response to a question.
Mr. Baier said studies had not proposed an alternative solution to building a lake
downtown. It was noted studies performed to date will be valuable to the Brownfield
project.
In response to a question, Ms. Rice estimated the economic development math
model would be completed in 6 months. A report on the time frame was requested.
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The proposed town laka project's economic development component was
questioned. It also was questioned if removing the proposed culvert at Court Street would
save money and help attenuate storm water. Mr. Baier said Cell #2 was the projecfs most
important component. Cell #1, South of Court Street, was an aesthetic enhancement and
eliminating it would save money.
CP CENTRAL PERMITTING
Public Hearing - Res. #96-61 - authorizing transmittal of the City's aoolication for inclusion
in the State Sustainable Communities Demonstration Proiect (statement of interest)
The 1996 legislature authorized the DCA (Department of Community Affairs) to
initiate a sustainable communities demonstration project. Up to five local governments
may be selected to participate. At least three must be located within the South Florida
Water Management District. Communities chosen are to be of differing sizes and
characteristics. The legislaturets intent is for the project to further 6 broad principles of
sustainability: 1} restoring key ecosystems; 2) limiting urban sprawl; 3) protecting wildlife
and natural areas; 4) advancing the efficient use of land and other resources; 5) achieving
a cleaner and healthier environment; and 6) creating quality communities and jobs.
Staff is interested in pursuing the designation of Clearwater as a sustainable
community under this program. Communities that enter into a designation agreement as
sustainable communities may receive certain exemptions from State laws regarding local
government comprehensive planning. Other regulatory and financial incentives also may
be available.
A great deal of Clearwater's work may qualify it for consideration: 1) reclaimed
water; 2) recycling; 3) environmental protection; 4) neighborhood planning; 5)
\~
mws09b.96
12
09/16/96
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redevelopment planning; 6) 10fill development; 7) identiiication of key resources; 8)
brownfields; 9) economic development; and 10) tourism efforts. To be considered, the
City must transmit a statement of interest to the DCA by September 30, 1996. Staff
requests the Commission approve the resolution that authorizes transmittal of the
,statement of interest.
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Central Permitting Director Scott Shuford said the application is a "long shot" as the
City is competing with the rest of the State for two slots. He felt the City has a good
package to present. If Clearwater is selected, the City will negotiate a contract with the
State. Mr. Shuford was commended for moving forward with the application. Concern
was expressed the City not be subjected to unfunded mandates. It was felt the City
should participate only if no costs are associated with the project. Mr. Shuford suggested
funding may be determined on a community by community basis, based on State priorities.
Staff will present the City's philosophical concerns when negotiating. '
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lease Aareement with Jonev TroUev TransDortation of Clearwater. Inc.. for use of Dortion
of Memorial Civic Center, for the period 1 % 1/96 -09/30/01, at rental rate of $1 per year
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Jolley Trolley Transportation of Clearwater, Inc. (lessee} wishes to use part of the
Memorial Civic Center for offices, ticketing, embarking/debarking depot, merchandise sales
and display, public information space, and for no other purpose. This 5-year lease is
proposed to cost $1 per year. The City will furnish 3 parking spaces at $15 per space per
(~~~,l month. The Jessee also will pay $163fmonth for electrical and $155/month for utilities.
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The City can terminate this lease agreement: 1) for material default by Lessee in
performance of terms, covenants, or conditions of lease agreement; 2) if City determines
premises are too damaged to repair practically; 3) Lessee vacates or abandons premises;
4) Commission determines building or property is needed for other municipal services; or 5)
corresponding Jolley Trolley System Funding Agreement between City and Jolley Trolley is
terminated.
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It was noted the last financial information presented by the Jolley Trolley covers the
period ending June 30, 1996. The City Manager noted the City has not received current
ridership rates. Current information was requested.
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Funding Aareement with Jollev Trollev TranSDortation of Clearwater. Inc.. to fund in Dart
the ooerational costs incurred in orovidino activities & services authorized bv agreement for
period 1 % 1/96 -09/30/01 , subject to annual budgetary appropriation approved by the
Commission '
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The City, subject to annual Commission approval, agrees to fund part of the Jolly
Trolley Transportation of Clearwater, Inc.'s operation costs: 1) $199,500 annually in 12
equal payments for trotley service between Clearwater beach and Sand Key; 2) $95,000
annually in 12 equal payments for trolley ~ervice between Clearwater beach, Island
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mws09b.96
13
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Estates, and downtown; and 3} $50,000 annually in 12 equal payments toward trolley
vehicle maintenance.
Funding is subject to Commission approval of the annual budgetary appropriation.
The City must provide the Jolley Trolley with a notice of intent to decrease funding at least
60 days before the beginning of the fiscal year. The Jolley Trolley shall submit proposed
annual budgets to the City Manager by May 31. each year for approval. Unused funds
remaining at the end of the agreement term shall be deemed excess to the intended
purpose and returned to the City. Either party can terminate the agreement with 60 days
notice of termination after first giving the defaulting party 60 days to cure any default.
The City Manager's recommended the 1996/97 operating budget includes funding in the
General Fund non-department and parking system programs.
The City Manager reported receiving a letter from Jolly Trolley Transportation of
Clearwater, Inc., indicating their interest in providing Welcome Center services. She said
that issue will be addressed separately.
Ms. Rice said this agreement includes a new requirement for the Jolley Trolley to
submit its budget to the City each year by May 31, providing staff time for review. The
lease is tied to the funding agreement. It was suggested deadlines coincide with the fiscal
year.
ClK CITY CLERK
lobbvist Contract - receive oresentations from lobbvist firms. establish a rankina and
authorize neaotiation with too ranted firm '
On July 5, 1996, the City released a RFQ (Request for Qualifications) for lobbyist
s&rvices, requesting responders provide information demonstrating their capability to be
effective lobbyists, to review pending regulations and laws, and to communicate
effectively withthe City, their familiarity and working relationship with State agencies, and
their ability to identify impacts and opportunities for the City. Respondents also were
requested to submit plans defining their proposed approach to assist the City's lobbying
efforts, an overview of available personnel. and a basis for computing fees. Information
regarding the company history and experience. qualifications of key personnel, references,.
and a proposed agreement also were requested. Five firms responded.
Responses were evaluated by the evaluation team: 1) Deputy City Manager Kathy
Rice; 2) City Attorney Pam Akin; 3) Central Permitting Director Scott Shuford; 4} Customer
Service Manager Kathy Faye Chetoka; and 5) City Clerk Cyndie Goudeau. Evaluation was
based on: 1) adequacy of proposal; 2) proposed approach; 3) staff experience; 4) basis of
cost; 5) ability to perform; 6) compliance with the RFO; 7) experience; and 8) references.
Four firms were requested to meet with the team. Based on written and verbal
presentations. the evaluation team ranked the firms: 1) Smith, Bryan and Myers; 2}
Pennington, Culpepper, Moore, Wilkinson. Dunbar and Dunlap; and 3) Holland and Knight.
mws09b.96
14
09/16/96
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The evaluation team was impressed with Smith, Bryan and Myers' proposed plan
for assisting Clearwater. This firm is less likely to have conflicts of interest. If such an
occurrence should arise, Smith, Bryan and Myers has specific plans to deal with the
situation. .
Curt Kiser said Holland & Knight is the largest law firm in Florida. Their Tallahassee
office opened in the 1970s., A recent story in Florida Trend lists Holland & Knight as one
of the "top guns" among lobbyists. Mr. Kiser said he is not yet able to lobby. His 2 year
moratorium will be completed in November 1996. He has maintained his contacts during
that time. He has lived in northern, Pinellas County for 26 years and served in State
elective office for 20 years. He was appointed to the constitutional review committee. He
also served as legal counsel for the Clearwater Housing Authority for 10 years and for the
Palm Harbor Fire District for almost 12 years. Since leaving the Senate, Mr. Kiser has
served on the Sesquicentennial Committee, a stUdy commission regarding long term care,
a conflict resofution group, etc.
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Mr. Kiser said the City's biggest project is replacing the Memorial Causeway Bridge.
He said to successfullv receive State funding, the City must be certain the community
totally supports the bridge. Next; the City needs legislative support and legislation
sponsors. He said current legislation should be critically reviewed. He suggested focusing
on hurricane evacuation and economic development needs. The City must distribute this
information to sell the idea politically. Mr. Kiser said last year's legislation providing
funding for road construction not included in FOOT's (Florida Department of
Transportation) project plans removed a scheduled sunset of an existing law.
Pete Dunbar, a former Pasco County attorney, said Pennington, Culpepper, Moore,
Wilkinson, Dunbar and Dunlap has a good and competent staff. The firm has 30 lawyers
and non-lawyer consultants. Eight participate in the government section. One firm
member was formerly Mayor of Tallahassee. The firm has done specialized work for Palm
Beach and Broward counties in claims bill cases. They also represented the Florida League
of Cities' self-insurance fund. The firm's strength is their ability to work with the local
delegation. He said his family lives here. The firm has 100 years combined experience
working with the legislature. They try to maintain a significant presence during all
legislature cycles. The firm has experience working with the Governor, cabinet, FOOT, the
Department of Business and Professional Regulation, PSC (Public Service Committee),
FDEP (Florida Department of Environmental Protection, and DCA (Department of
Community Affairs).
The firm tries to tailor their services to each client. The firm remains current on
present legislative action and focuses on issues of clients' special interest. They try to
anticipate the early stages of legislative actions. The firm is involved in current task forces
regarding outdoor advertisers and reevaluating the water supply and its distribution. He
said the firm's relationship with government leaders is important to maintain. The firm has
representatives both political parties, the women's caucus, African-American caucus, etc.
A 2-mambeT team maintains a relationship with the client and attends to the client's
needs at all times. Mr. Dunbar noted the firm can meet a client's need to remain in touch
with the lobbyist during legislative sessions. In response to a question, Mr. Dunbar said
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The City Commission will reach a final decision regarding the ranking on Thursday.
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the basic fee includes lobbying efforts on behalf of the Memorial Causeway Bridge
replacement. He said a.lot of time is spent between sessions to make the process work.
He said opportunities for downtown development grants also exist.
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Ron Villella said Smith. Bryan and Myers is a 6-member governmental consulting
firm that does not practice law. Members of the bipartisan firm have backgrounds as chief
of staff to Governors. Attorney Generals, and the President of the Senate. He distributed
the biographies of each partner. As a former Mayor of Pembroke Pines. Mr. Villella said he
understands home rule power and difficulties resulting from unfunded mandates. The firm
has 18 years experience dealing with the, legislature. The firm1s strengths are mainly in
the appropriation process which is extremely competitive. When representing the New
York Yankees. the firm located funding in the Department of Commerce to pay for a
pedestrian bridge over an intersection near the stadium.
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Each member of the firm is hard working. He said if the firm is chosen, he would
be responsible for meeting the City's needs with help from other members of the firm. The
firm's on-line computer system ca'n be downloaded nightly. He noted the importance of
remaining abreast of the legislature's minute by minute actions. He said his firm prevailed
when Blockbuster Park attempted to take away some of the home rule powers of
surrounding municipalities. The firm provided the City with a list of all clients to avoid any
conflict type situation.
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It was questioned how the firms were ranked. Ms. Rice said the evaluation team
considered each firm's specific plan. She said some of the firms have more potential
conflicts of interest. It was suggested Pennington. Culpepper, Moore, Wilkinson, Dunbar
and Dunlap should be ranked # 1. It was stated the choice of Smith, Bryan and Myers was
good because Mr. Villella is a former local elected official. It was felt it is a weakness that
the firm has no municipalities as clients. The City Attorney noted the firm represents
counties.
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Commission Policies (80-13 & LO~14) to restrict Advisorv Board member disolav of
camoaign materials at board meetinas & establishing procedure for conversions of Mobile
Home Parks
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Campaign material worn by an advisory board member during an advisory board
meeting has caused concern. The City Manager sent a letter to all advisory board
members advising them of the inappropriateness of such displays. Policy BO-13 is
proposed to address this issue.
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Consensus was to revise the policy to include City Commission members.
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CA LEGAL DEPARTMENT
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Second Reading Ordinances
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mws09b.96
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First Reading Ordinances
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(Cont'd from 09/05/96) Ord. #6074.96.. Amendina Art. 1 of Ch. 28. to create' Sec. 28.11
to Drohibit a Darson from using. skateboards, roller skates, in-line skates, coasters and other
similar devices in specified locations
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Ord. #6098.96 - First ReadinQ Skateboard regulations
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The City Manager said the second reading of Ord. #6074-96 was continued. The
City received a large number at complaints from owners of hospitality businesses. Staff
has suggested the City Commission reconsider proposed restrictions and limit the
ordinance to allow the posting of property. It was noted skateboard damage is visible
around some buildings. It was suggested property owners may resist posting their own
property. The City Manager said Ord. #6098-96 permits skateboarding on downtown
streets and sidewalks. It was noted the ordinance would permit the Police Department to
enforce skateboard restrictions if signs are posted. Bringing parents of skateboarders into
the picture was suggested. '
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City Manager Verbal Reports
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Schedule Community Meeting re Northwood Estates Retention Issues
!~~ The Community Meeting regarding Northwood Estates Retention Issues was
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scheduled tor October 3D, 1996, at 7:00 p.m. at the Countryside Library.
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Schedule Communitv Meetina re Edqewater Drive Proiect
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Staff was requested to check the Lawn Bowling Club or other nearby facility to
schedule the Edgewater Drive Community Meeting.
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Florida Power Agreement for Binding
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In his September 3, 1996, letter, Jerry Conrad, Distribution Engineering tor Florida
Power, submitted an "Agreement tor Binding Cost Estimate for Island Estates" to begin the
engineering to produce an estimate for burying power lines on Island Estates. The Cost
Estimate Fee is $9,000.
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. It was felt the Island Estates community should first vote on this issue before the
City considers paying the fee. .
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Land Swap Proposal for City Property In Annex Vicinity
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The City Manager distributed a map at City-owned properties near the Annex. She
reported Mr. Rogero has offered to exchange City-owned lot #8 on Court Street for his lot
#10 and a $10,000 payment by the City. The City property would be more valuable if all
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mws09b.96
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, lots are contiguous. S,he said her response previously has been to consider swaps square
. foot for square foot. The lots Bre similarly sized and have similar values. It was
, questioned if Mr. Rogero has expressed Interest regarding City-owned lot #3 on Madison.
It was suggested the City agree to an even swap with the City covering closing costs.
The City Manager said staff will review the value of the lots.
Consensus was to pursue the offer to see where it goes.
Quality Cities Article
The City Manager congratulated staff regarding the number of times the City was
mentioned in the Quality Cities' article regarding innovations.
Pier 60 Park Grand Opening
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The City Manager said Pier 60 Park's Grand Opening has been tentatively scheduled
for the afternoon of November 17, 1996. The park should open before then. Staff will
confirm the date.
National League of Cities Conference
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Consensus was for Commissioner Seel to serve as the voting delegate and
Commissioner Johnson to serve as the alternative delegate for the National League of
Cities Conference.
Commissioners Johnson, Hooper, and See I indicated they plan to attend.
Proposed flagpole for Clearwater Pass Bridge
The City Manager said the proposed flagpole for Clearwater Pass Bridge is
estimated to cost $4,000. It was suggested a group sponsor the flag pole.
Consensus was for staff to mail ,letters to civic groups offering the sponsorship.
Locallnterast Group
Mr. Rice reported the L1G (Local Interest Group) is scheduled to meet October 15,
1996. Doors will open at 5:00 p.m. and the meeting will begin at 6:00 p.m.
Commission Discussion Items
City Manager/Citv Attornev Evaluation Proc;:edure
The City Manager suggested the procedure begin with a self-evaluation based on
Charter requirements, followed by an individual meeting with each City Commissioner.
The City Commission will be provided instruments to judge managerial skills. The City
Manager recommended City Commissioners summarize their meetings at an October Work
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mws09b.96
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Other Commission Action
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Session. She suggested holding the salary discussion at the meeting following the Work
Session.
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Consensus was to adopt the proposed evaluation procedure for the City Manager
and City Attorney. Summaries will be presented at the October 14, 1996, Work Session.
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Commission Rules
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The City Attorney said she titled and reordered the Commission Rules in a logical
manner. There are now fewer rules. Clarification of Rule 7(8) was requested. The City
Attorney indicated Rule 6 refers to quasi-judicial hearings. In response to a question, the
City Clerk said according to Rule 6(G), Special items of widespread public interest are
listed as early as possible after advertised Public Hearings, which start at 6:00 p.m.
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It was suggested citizens may think Commissioners have already made up their
minds when issues are discussed prior to citizen input. The City Attorney indicated the
Commission Rules do not specify when the public is allowed to speak. Concern was
expressed regarding the rule requiring questions and discussion be held after a motion and
second is made. It was suggested City Commission discussion should follow staff reports'
and public input. The City Attorney said Rule 8 could be changed to allow citizen input
before debate. It was recommended that discussion precede motions.
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Consensus was for Rule 8 to list the following order: 1) staff presentation; 2) City
Commission questions; 3) public input; 4) discussion; 5) motion; 6) debate; and 7) vote.
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In reference to Rule 7, it was questioned when additional items may be added. The
City Attorney said the rule's intent was to permit additions at Work Sessions. Concern
was expressed regarding staff adding items immediately prior to Work Sessions. The City
Attorney said the rules allow the City Manager and City Attorney to agenda items without
prior notice. It was noted Commissioners can request a continuance for items with which
they are uncomfortable.
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It was questioned what constitutes an emergency. The City Attorney suggested a
section in the fiscal management section needs to be added to address dip'ping into
unappropriated retained earnings. She recommended including this in an ordinance.
Concern was expressed that a 3-vote block not have the ability to decide an emergency
exists. It was suggested declaring a situation an emergency should take two hearings of
an ordinance. It was noted. according to Rule 7, rules cannot be changed without a supBr~
majority. The City Attorney said the Charter includes rules covering passage of
ordinances. No changes were directed.
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Commissioner Johnson questioned the allegation that a staff member had lied under
oath. The City Manager said according to minutes from the County Water Authority
meeting referred to by 'citizen complaints, a staff member misused the phrase 'tpublic
hearing" when she meant to say "public meeting." It was noted Edgewater Drive residents
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mws09b.96
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also expressed concern they had not received proper notification of hearings. The City
Manager said notice was not sent in utifity billing stuffers as previously reported. labels
from the utility system were used to send notices. In answer to a question, the City Clerk
said her department uses t8X rolls when mailing public hearing notices. The City Manager
noted ell residents do not recBive utility bills and Bxpressed concern all residents are not
notified when staff uses utility system labels for mailings.
Commi~siQner JohO~Qn said he has heard many complaints and suggested the City
Commission take no further steps to change the name of Bypass Drive.
Consensus was for the City Commission to quit pursuing a nama change for Bypass
Drive.
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Commissioner Seel distributed an article printed in Florida Trend regarding an
economic summit. She said she was uncomfortable proceeding with strategic planning
without citizen input. The Mayor said citizens need a draft compiled by the City
Commission to address. Commissioner Seel suggested strategic planning would be more
successful if it started from the' community's grass roots. Staff will gather information '
regarding this concept for discussion at the September 26, 1996, strategic planning
meeting.
Adjourn
The meeting adjourned at 3:00 p.m.
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