06/17/1999 (2)
,'.
,\.,. :~.
,'..'. .
. J. r .:_ ,',.
..
;,. 'l.'
,.
.\,'1'....
.;:": :
v) Y'"j.. n. ~ ~;.t .,' ,.,. .
/~.: ".
\. I
.: .';-
. ,
..~ ','
-t. .
}:;,<.',
\ '
:1."
,.
~ ~ .} 1. . t:
.i.'~:' .
:~)/:,
:;~.I:.~.': I .", ,
. . " I.
I ... .
~.'". . : ...:.
.... ~'. . ,I ~:
.'."::'>:.': : .
~. ..;
" .
r::~..' ~~'~";.: :
j't~;i;. ;.
.1"\", I
;~;:.:.',:;.:>~.: :",
\j:':I~'. .(
Il': ." ,
~~;::'i:" .
ft"'1-"'. .'-
1i;{~: "'"
?~.:/::{:..::: ,.
~~~i. .~. > . T:
'f.~.~~ ~ "
.~. +' .'-
," ~c J I
>:t<' .
~, I'
~\~ ", .
~::.
;~. ;. "
".': '
~-i' :
" I
.,
'<:0.
,f">
~~ .'
l:~ ,t ..'
'') ,.
~ . t
~ ," I
., '
, ....
"
','
,i
, ..
I.,.."
'.
.:,:
>1'. : ' .
'.. I
". ".'
\ .
.:- ,....
< :-'. + t .~~.1. ~'....,~.~.-.... ,~< .:'
,e" .'
." :..i'
"
"
COMMISSION
. I
City Commission Minutes
Date
. 3 Llne
Iq~
~
. r.
Coo~
. '. ",".:,':.": 'd,: ,;.: .... ,.....:.; .:,:>:1
f",'>~:I.I< ,.h ,0;., ,.s....o;
, .. "
.. '
. '
t:'
. .'
, ..
~f>
. "
",C
o
~ "
;'
",.'
.',
. "
....0
.
"
:::;
, , .' " . 1\\ :.
~ " ~
CITY COMMISSION MEETING
CITY OF CLEARWATER
June 17, 1999
Present:
Brian J. Aungst
Ed Hooper
J. B, Johnson
Robert Clark
Ed Hart
Mayor/Commissioner
Vlce~Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present: Michael J. Roberto
Richard L. Hedrick
Bill Harne
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:03 p.m. at City Hall. The invocation
was offered by Commissioner Hart. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
Four service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamation: Recreation and Parks Month - July 1999
ITEM #5 - Presentations
a) State Legislative Report
Senator Jack Latvala presented his 5lh annual report. He reported the Governor had
vetoed most of the fundil)g the legislature had earmarked for Clearwater and other
municipalities. He said next year, agreement with the Governor will occur early in the
process. He reported Clearwater is the only city in Florida with an approved Brownfields
program. He noted attracting IMRglobal to downtown was made possible by Brownfields
grants. Senator Latvala reported legislation to allow enterprise zones to be expanded was
successful. He complimented the City's lobbyist for bringing to his attention a potentially
harmful solid waste bill, which was defeated. He said efforts to increase a claims bill that
would have been harmful to Clearwater were stopped. He said the City's team in
Tallahassee is doing a great job.
b) Sand Key Association - Bob Henion ~ recognize 2 City employees ~ Postponed.
mcc06b99
1
06/17/99
~ ';. . I ~.
; ,I. ",I.
, ,"
. ,
"
,I
',.
"'
~ C) Traffic Calming Charette Update
Resident Jay Polgaze complimented the charette process and thanked the City for
availing expert consultants to guide him and his neighbors. With techniques learned in the
charette, the neighborhood unified to create a plan to slow traffic in the Baker Street
neighborhood. Residents were part of the process through its completion.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
June 3, 1999, as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aaenda
Phil Henderson, representing Jazz Holiday, reported on plans for this year's event.
Kevin Thisman, representing Sand Key Civic Association, requested the City
Attorney be allowed to bring forward an ordinance clarifying rules and regulations for the
beach.
Jack Alvord requested clarification of roles in the rezoning process.
o
John Richards opposed rezoning the Connolly property.
Cindy Havden thanked the City for the process and allowing input regarding the
Mandalay Streetscape
PUBLIC HEARINGS
ITEM #8 - Public Hearina - Declare Surplus, R. H. Padgett's Sub., Blk 5, Lots 9-11; approve
staff recommendation to limit sale to those who would use the property to enhance
. commercial development on adjoining properties or those in immediate vicinity (ED)
The subject parcels, which front Gould Street, approximately 100 feet east of S.
Madison Avenue, are subject to a perpetual ingress/egress, drainage and utility easements
in favor of IMRglobal. These easements were established in connection with the IMR
development and will remain on the property. The City has subsurface, non-exclusive
drainage and utility easements on the property, which no longer are needed for municipal
public use. The property shall be sold to the party submitting the highest competitive bid
above $26,875, as determined by the May 17,1999, appraisal by James Millspaugh, MAl.
Staff recommends the City Commission declare the property surplus and limit its sale to
the enhancement 'of commercial development on properties that adjoin or are in the
immediate vicinity.
-...)
mcc06b99
2
06/1 7199
J" .1- ,
'.'
I)
'Commissioner Clark moved to declare surplus pursuant to Clearwater Code Charter
Sec. 2.01Id)(4), lots 9, 10, and 11, block 5, of R.H. Padgett's subdivision and to approve
staff recommendation to limit the sale to those who would use the property to enhance
commercial development on adjoining properties or those in the immediate vicinity. The
motion was duly seconded and carried unanimously
ITEM #9 - Public Hearinq & First Readinq Ords. #6413-99 & #6414-99 - Annexation & LOR
Zoning for property located at 2684 3rd Ave., N., , Chautauqua Section A, Unit 1, Blk 47,
Lot 10 (Jennifer Elin Cole, A99-09) (PLD)
The applicant has requested annexation and zoning of Low Density Residential (LOR)
for 2684 3'd Avenue North to obtain waster and sewer service. The Community
Development Board unanimously endorsed the request.
In response to a question, Planning Assistant Director Cindy Harden stated the City
also is annexing the right-of-way.
Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Low Density Residential (LOR) for Lot 10, Block 47, Chautauqua
Section A, Unit 1. The motion was duly seconded and carried unanimously.
<)
The City Attorney presented Ordinance #6413-99 for first reading and read it by
title only; Commissioner Clark moved to pass Ordinance #6413-99 on first reading. The
motion' was duly seconded and upon roll call, the vote was:
"Ayesu: Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City AttornAY ph:-sented Ordinance #6414-99 for first reading and read it by
title only. Commissioner Hoo~"lr moved to pass Ordinance #6414-99 on first reading. The
motion was duly seconded i'lr'd l'10n roll call, the vote was:
"Ayes"; Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearinq - Second Readinq Ordinances
ITEM #10 - Ord. #6412-99 - Vacating W 5' of N 60' of 10' Drainage & Utility Easement
lying along east lot line of Lot 37, Feather Tree Sub. (Livernois, V99-07)
The City Attorney presented Ordinance #641 2-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6412-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
:.:;
mcc06b99
3
06/17/99
~L,.t.: .:: ;. r'
. ~ :"
I,
'. .j
I:: "
,: '
rj,
...oj.
,
.\
"
..,
,.-.
".
~!.. . . ..
,..
'~'..\ .
" ,
~ ~ . ~
(--.
~ '.
", .
()
\~
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENTAGENDA (Items #11-14) - approved as submitted.
ITEM 11 - Aporoval of Purchases per 05/26/99 memorandum:
Avanti Company, two gas odorant systems (replacements) for use at North & Northeast
Gate Stations, $35,400 (GAS)
Contract Connection Inc., purchase & installation of a 10 row, 135' non-elevated bleacher
unit to be 'used at Phillip Jones Park, $48,075 (OOL)
R & S Lawn Service, 2nd & Final extension, lawn & landscape maintenance service
throughout City" 07/01/99-06/30100, estimated $30,000 (QOL)
Dell Computer, 60 personal computers to be used in aU branches of the Libniry, $50,050;
funding to be provided under City's Master Lease-Purchase Agreement (QOL)
SPER Chemical Corp., long chain linear poJyphosphate for use in water treatment & water
pollution control facilities', 06/18/99-06/30/00, estimated $130,000 (PW)
Vulcan Chemical Technical, Inc., hydrogen peroxide & odor control service at various waste
water pump stations throughout City, 06/18/99~06/30/04, estimated $1,070,000 (PW)
ITEM #12 - Approve continuina contracts for professional services, Architects of Record,
with: Bitterli & Associates Architects, Inc.; Fowler Associates Architects, Jnc.; Harvard
Jolly Clees Tappe Architects, P.A.; Myers Plisko Architects, P.A.; and Rosier 1 Jones
Associates, Inc., for 5 year term (PW)
ITEM #13 - Work Order to Wade-Trim. Inc. to provide design services for Acacia
Roundabout, for $37,441.72 (PW)
ITEM 14 - Appoint Commissioner Hart as Florida LeaQue of Cities Votina Deleaate for
conference 8/19~21/99 (eLK)
Commissioner Johnson moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
mcc06b99
06/17/99
4
I . L. . I. . '" ." ~.'.. L .' .
>~ " .'. '..
~
,..
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #15 ~ Uodate reaardinq Beach Entrvwav (Roundabout) Proiect (eM)
Public Works Administrator Rich Baier reported construction of the Beach Entryway
is ahead of schedule. Minimal lane closings are anticipated.
Mayor Aungst requested Acting Parks & Recreation Director Art Kader givo a report
regarding complaints about soccer fields, voiced at the last Commission meeting. Mr.
Kader stated rocks were present on the SPJC (St. Petersburg Junior College) soccer fields
when the fields were closed for 4 weeks while the City added fill dirt to repair holes. As' fill
dirt is rarely clean, the City uses a cleaner to remove debris following the application of fill.
Although the soccer organizations were advised of this maintenance action and that the
fields were closed, teams used the fields for practice during this time and encountered the
debris.
ITEM #16 - Res. #99-18 - Providing for salo of not to exceed $35 million Housing Revenue
Bonds (BEF, Inc. Project), Series 1999 (regarding The Oaks)(FN)
C:~
BEF, Inc., an exempt organization, will use Housing Revenue Bonds (BEF, Inc.
project), Series 1999, in an amount not to exceed $35~million to acquire and redevelop the
Oak Cove building. Another developer will acquire the Oak Bluff building simultaneously to
provide market rate housing downtown. BEF, Inc. intends to renovate the Oak Cove
building to care for senior citizens, offering independent and assisted living, and nursing
care. BEF, Inc. intends to relocate all Oak Bluff tenants to the Oak Cove building once it is
renovated. The Oak Bluff building then will be renovated. The Oak Bluff building will
become subject to ad valorem taxes, while the Oak Cove building will remain exempt from
such taxes.
BEF, Inc. has requested the City issue a series of tax exempt and taxable bonds to
finance the acquisition and rehabilitation of the Oak Cove building. The City will be a
conduit issuer of bonds for BEF, Inc. to finance a portion of this project. This action will
allow a portion of the bonds to be tax exempt, providing lower interest rates. The City's
bond coun::itil, financial advisor, Financial Services Administrator, and City Attorney are
reviewing the bonds and project to determine the legality and feasibility of the City's
participation. Section 11 of this resolution provides for the bonds not to be issued if any
financial, legal, or tax issue remains unresolved. BEF, Inc. will pay all expenses and costs
associated with this project. The City will not incur any expense or liability by issuing
these bonds.
Ziegler's selection as underwriter was based on the firms' expertise on this type of
project. These bonds will be sold through negotiated sales to institutional investors only.
This resolution authorizes the City Manager and Financial Services Administrator to award
the sale of the bonds.
'-:J
mcc06b99
5
06/17/99
. .'>'"
;- .
, ",
Q
Commissioner Hart moved to authorize the sale of not to exceed $35-million
Housing Revenue Bonds IBEF, Inc. project}, Series 1999, and that the appropriate officials
. be authorized to execute same. The motion was duly seconded and carried unanimously.
i.
The City Attorney presented Resolution #99-18 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #99-1 B and authorize the
appropriate officials to execute same, The motion was duly seconded and upon roll call,
the vote was:
t
,..
1 .
"Ayest,: Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #17 - Res. #93-29 - endorsing application of Project 99-0520 and committing City to
refund 1 0% of eligible tax refund upon certification by Enterprise Florida (ED)
The Florida Legislature created Florida Statutes, Section 2BB.1 06 co encourage the
. growth of Florida's high-wage value-added employment. This is known as the QTI (Quality
Target industry) Tax Refund Program. The law authorizes Enterprise Florida to accept,
review, and approve applications for tax refunds to qualified target indu'stry businesses. A
bu~iness receives a tax refund for each new job created.
::)
Project 990520 wishes to relocate its Corporate Office from Maryland to Clearwater
and projects hiring 50 employees during the next 3 years. The aTI program tax refund
may not exceed $5,000 per employee. A 20% local financial participation is I equired: 1)
10% by Clearwater and 2) 10% by Pinellas County. Under the full scenario, tht: City's
maximum funding will be $25,000 over 3 years. It is not anticipated this action v/i11 have a
fiscal impact during the current fiscal year. A funding source will be identified next fiscal
year.
Commissioner Hooper moved to endorse the aTI IQualified Target Industrv/ Tax
Refund Program application of Project 990520 and commit the City to refund 10% of the
eligible tax refund upon certification by Enterprise Florida and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #99-29 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-29 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
. "Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
.. ":;\
.' '-"
mcc06b99
6
06/17/99
" \ ~ '
:")
ITEM # 18 ~ First Readinq Ord. #6380-99 . Relating to dishonored checks, drafts and money
orders, amending Sec. 2.528 to impose a service fee not to exceed service fees authorized
under Florida Statute 166.251 or 5 % of face amount of check, draft or money order,
whichever is greater, for collection of a dishonored check, draft, or other order for payment
of money to a municipal official or agency (GAS)
, Staft recommends changing the Code to increase dishonored check service fees to
levels allowed by the 1998 amendment to Florida Statute 166.251: 1) $25 if face value
does not exceed $50; 2) $30 if face value exceeds $50 but does not exceed $300; and 3)
$40 if face value exceeds $300 or 5% of the face amount of the check, whichever is
greater. The current fee is $20, or 5% of the check, whichever is greater. The fee offsets
the administrative costs of handling dishonored checks. If approved, the amended fee will
be consistent with the State, County. and other municipalities.
I
Commissioner Hart moved to amend the dishonored check service fee. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6380-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6380-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
o
tlNaysl1: None.
ITEM #19 - Mid Year BudQet Review (BU)
In the General Fund, at mid~year, anticipated fund revenues and expenditures reflect
a $3,046 decrease. Closing the Public Strategies Group contract of approximately
$159,000 encumbered against the FY (fiscal year) 1997/98 operating budget provides
funds: 1) to establish the Strategies for Success program; 2) to offset unanticipated small
decreases in General Fund revenues from utility taxes, sales tax collections; and 3) to
offset a reimbursement due from Pinellas County in fire tax revenues. Utility tax revenues
are being watched for further amendment at third quarter due to slower than anticipated
collections. This category nearly mirrors last year's collections for the first 6 months, and
are below the anticipated annual 4% increase. The reduction could be due partially to the
mild winter.
In "Vision" funds, mid-year amendments reflect distribution of $65,136: 1) $4,000 -
sponsorship of the NARC 2000 conference; 2) $35,000 - services related to the proposed
purchase of the Capitol Theater; 3) $24,500 - contract services with Prime Interests related
to downtown planning; and 4) $1,636 - contracts for other services. Of the $ 311,400
allocation for the NCAA conCGrts, $270,000 has been returned to the General Fund.
Approximately $15,000 more will be returned at third quarter after closing the project once
all expenditures are accounted. The net allocation of vision funds is a net return of
$204,864. To date, total distribution of the $750,000 is $358,439. The current balance
of vision funds available for distribution is $391,561.
~
mcc06b99
7
06/17/99
,.....
.' ,
,
'J
,i")
The amendment to the Water & Sewer Fund reflects an increase to anticipated
revenues of approximately $655,300 following adoption of rate increases in October 1998.
A $412,620 decrease In anticipated gas fund revenues is a direct result of the warm
winter. Mld~year amendments to the Marina Fund for retirement payouts to the previous
Harbormaster and a custodial worker total $56,770. These unanticipated expenditures are
offset by increased revenues from gas and oil sales due to the mild winter.
?,
..:
Fund revenues in the Harborview Center Fund reflect increases In food & beverage
sales totaling $131,100 due to increased activity, offset by a $95,640 increase in sales
costs tied to increased activities. The $35,460 net amount reduces the contribution for
the City's loan pool, and reduces this year's anticipated obligation from $348,800 to
approximately $313,340. Regarding Internal Services Funds, garage fund amendments
reflect a $346,300 increase due to Y2K compliant and hardware and software maintenance
contracts approved by the City Commission on March 18, 1999.
.t" c
,',
Amendments to the Capital Improvement Fund total a net increase of $3,715,872.
The City Commission previously approved almost all Capital Improvement budget increases,
which include a $9,360,939 increase to the Gateway to the Beach project bringing that
total project budget to the $1 a-million level previously approved by the City Commission
and $111,500 for Ray Green Park Expansion. Budgeted expenditures reflect a net
decrease of $5,164,000 in gas bond funding for expansion.
. ,
l' .-
". .
()
Amendments to the Special Program Fund total a net increase of $520,606.
Significant increases reflect $325,000 in new grant funds for Brownfields projects,
$20,000 in grants for Sand Key beach vegetation, $49,900 for the waste tire grant,
$56,540 for hazard mitigation, and amendments to other projects reflecting the regular
receipt of forfeiture, fines, and donations.
Commissioner Hooper moved to approve mid-year budget amendments. The motion
was duly seconded and carried unanimously.
a) First ReadinQ - Ord. #6415~99 ~ Amending Operating Budget for Fiscal Year ending
09/30/99
The City Attorney presented Ordinance #6415~99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6415~99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Naysll: None.
~
mcc06b99
8
06/17/99
~ \ '
The City Attorney presented Ordinance #6416w99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6416-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
o
bl First ReadlnQ - Ord. #6416-99 - Amending Capital Improvement Program Report and
Budget for Fiscal Year ending 09/30/99
11 Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #20 - Provide direction to staff reaardina Clearwater Country Club Golf Course (PR)
Since 1 937, CCC (Clearwater Country Club) has leased the CitYwowned 96-acre golf
course. The current lease expires in May 2002. CCC, which owns 5.6 acres in the center
of the golf course, wishes to replace their 1 951 era club house with a $ 2.3-million club
house. Of 696 member households, 65% live in Clearwater. The March 9, 1999,
referendum question to permit renewal of the lease beyond the 60-year limit was defeated.
:)
Staff has met with CCC members and proposes: Option 1) Commission directs the
next scheduled referendum to consider removing the 60~year limitation on all leases and
grant the Commission the right to negotiate the most favorable terms. If approved, the
City would negotiate a mutually-favorable financial package for the golf couise lease
beyond 2002; Option 2) Commission directs the next scheduled referendum to consider
releasing only the CCC golf course lease from the 60-year charter restriction; Option 3) City
issues an RFP (Request for Proposals) effective in 2002, when the cec lease expires. cec
could plan its future and permit the award recipient to plan around the CCC clubhouse; and
Option 4) City operates the golf course to provide an additional revenue stream for the
general fund. eec has suggested a 5th option, which allows the club to reorganize as a
new entity and negotiate a new lease agreement.
A study, currently underway, is reviewing current conditions at City golf courses,
performing a market analysis, and providing options and recommendations regarding golf
course operation in the City.
Commissioner Clark recused himself due to his business relationship with Clearwater
Country Club.
Commissioner Johnson moved to recommend staff pursue Option 5, permitting
Clearwater Country Club to reorganize as a new entity and negotiate a new lease
agreement. The motion was duly seconded.
It was suggested all options remain open until receipt of the study
recommendations.
Upon the vote being taken, Commissioners Johnson, Hooper, and Hart and Mayor
Aungst voted II Aye." Commissioner Clark abstained. Motion carried.
",
o
mcc06b99
9
06/17/99
, ,
.. ~} .
'.( ',';', I.
I"")
ITEM #21 M Purchase orooertv. Capitol Theater. located at 403 Cleveland St., John R.
Davey's Resub., Blk B, west 30'3" of Lot 6 & east Yz of Lot 7; and approve contract with
Accento Craft, Inc. for $250,000 plus closing expenses estimated at $2,600 for total
estimated $252,600 (QOl)
The Capitol Theater, constructed in 1921, is approximately 8,500 square feet and
seats 587. The original design has been largely maintained, although the marquee was
destroyed during a storm in the 1960s. The theater is eligible for historic restoration grants
if owned by the City. Staff has submitted a $397,000 historic preservation grant
application to the Florida Department of State for the FY 2000 funding cycle. On
November 28, 1997, James Millspaugh, MAl, appraised the property at $215,000. The
Pinellas County Property Appraiser's office assessed the value at $1 23,100.
,~",..~ ..".
Robert Lorelli, an architect who analyzed the structure, recommended also acquiring
the abutting Pat Lokey building for approximately $400,000 for public restrooms, lobby,
offices, and other amenities to restore the theater to its original seating and provide
adequate backstage and fly space. The purchase and renovation of the Lokey building and
restoration of the theater is estimated to cost $3.5.million, to be funded by grants and local
contributions. The theater will be restored to its original beauty and historical integrity and
will be used as a community cultural space by Ruth Eckerd Hall, local performing arts
productions, City departments, and other community groups.
Consultant Sid McQueen's operating and management study for the theater
ascertained it would be used 385 times annually by 20 . 25 community groups. Annual
operating cost are estimated at $427,656, with estimated income of $427,716. If
'management duties are contracted, that fee will be approximately $52,000 annually.
The City Manager said this project could take 6 years to reach fruition and will
require a private/public partnership. The theater will enhance the City's cultural aspect.
Sixteen residents spoke in favor of the proposal. Two resiuents opposed it.
Commissioners expressed feelings that while this is a very desirable project, due to
upcoming budget concerns they did not believe this to be an appropriate use of city funds.
The depth of community support was noted and it was suggested adequate private
funding could be raised.
Commissioner Hooper moved to deny Item #23. The motion was duly seconded.
Commissioners Johnson, Clark, Hooper, and Hart voted "Aye"; Mayor Aungst voted "Nay."
Motion carried.
(J
mcc06b99
10
06/17/99
.< .;,
:::;-
")
. "
".
"
c)
v
ITEM #22 - Presentation - Fire Budaet (FD)
Deputy City Manager Rick Hedrick recommended consideration of another funding
source to'meet fire rescue costs. He said this public policy issue determines how
Clearwater continues to support a critical public service. Financial information will be
presented at tomorrow's budget meeting. The City Manager said until a final decision is
made in September, there are many opportunities for additional public discussion.
Fire Chief Rowland Herald said the department is preparing a master plan. The
department, operating with minimal staff. has a growing inablUty to keep pace with
demands. Dependence on mutual aid is triple the level provided by the City in return.
Chief HerRld said a 20-year master plan would include new stations in north Clearwater and
on Snnd Key, refurbishment of current stations, maintenance that prolongs equipment life,
and increased staff levels. CIP needs, based on national standards, include fire apparatus
refurbishment, fire engine and EMS equipment replacement, defibrillators, traffic control
equipment, breathing apparatus, air pack upgrades, EMS vehicle refurbishment, training
facility expansion, upgraded bio-hazard equipment, etc. A boat and trailer are needed for
off-shore rescue. Radios need to meet 911 digital technology.
In response to a concern that Clearwater will be burdened by emergency response
costs to Dunedin if a new station is built in north Clearwater, the Fire Chief said the City of
O,unedin currently responds to many emergencies on the City's north side.
a) Operating & CIP Budgets
Administrative Support Manager Robert Lockwood indicated the department's
budget will increase from $11.8-million to $13.2-million in FY 1999/00 due to higher costs
for pensions, salaries, health insurance, medical examinations, assessment center, internal
operating costs, maintenance, capital needs, EMS insurance, etc. He said the budget
reflects the status quo.
b) Fire Assessment
Robert Sheets, of GSG (Government Services Group), reviewed the results of the
Fire Rescue Assessment Program prepared by his firm and Nabors, Giblin and Nickerson,
P.A. He indicated maintenance and staffing expenses will increase after construction of
additional stations and purchase of additional equipment. He said according to case law,
the City can charge all properties a fair and reasonable apportionment to meet these costs.
The study considered the types of City fire rescue responses, the City's ad valorem tax
roll, the FY 1999/00 budget, etc. The study determined how calls were distributed among
categories such as residential, commercial, industrial warehouse, and institutional. It was
determined the fire fee for residential units would be $106 each, While commercial rates
would range up to $12,415, most businesses would pay less than $1,242. Nursing home
rates may require a discount because their pattern of high demand results in a ver high rate
for these properties. He recommended the City encourage nursing homes to find less
expensive ways to meet emergencies.
mcc06b99
1 1
06/17/99
o
Mr. Sheets said if the proposed fire fee is approved, the City would send bills the
first year and could have the fee collected through the tax roll after that. He estimated
collection costs would be 2%, and include assessment expenses and study costs. Some
expenses would not reoccur. In response to a question, he said assessments were based
on the County Property Appraisert s records and did not consider occupation licenses issued
for horne-based businesses. Mobile homes are considered residential. Institutional fees
include churches and are capped at 50,000 square feet per structure. He said ACLFs
(Adult Congregate Living Facilities) may be rated as nursing homes, depending on how they
are classified.
,.'
In response to a question, Mr. Sheets said the City Commission would decide
which, if any, properties are exempt from the fire fee. The General Fund will cover
exempted fees. He suggested exempting government buildings as there is little chance the
City could collect a fee from the School Board, or Federal, State, and County governments.
The City Manager said the fee must be evaluated annually to capture growth and
ownership changes. In response to a question, the Fire Chief agreed with Mr. Sheets that
the study was based on a normal year of fire rescue operations. It was suggested the fee
be delayed a year to allow adequate time for discussion. It was felt the fee should cover
all fire service costs, even with exemptions. In response to a concern that residential rates
will increase next year, the City Manager said the City Commission must reconsider the fee
annually.
C)
In response to a question, the Fh'e Chief said of the projected $39-million need, $14-
million is for apparatus, Other costs will upgrade the department to national standards. In
response to a question, he said relocating the beach fire station to mid-beach would not
improve response times nor would it meet equipment and staff requirements to service a
high rise fire situation. He said without department upgrades, service levels will decrease
significantly and the department will be inadequate to meet needs.
The City Manager said if the fire fee is approved, he would recommend lowering the
tax rate by 1.2 mills. The annual tax bill for the owner of a $100,000 house would
increase by approximately $10. In response to a question, he said the City Commission
. already had allocated all Penny for Pinellas revenues. In response to a question, the City
Manager said this is normally when the budget is brought forward. The City Commission
has 90 days before it must make a decision regarding the budget and fire fee.
It was noted the millage rate has been stagnant for many years and needs to be
increased to cover the cost of City services. It was felt residents do not want lower
services. It was noted ad valorem taxes only cover 1/3 of the City's budget, while the
remainder is funded by fees. A prioritized list of Fire Department needs and those costs
was requested. The increased costs to provide mutual aid related to new stations was
requested. In response to a question, the City Manager said without the fire fee, the
millage rate will increase. A budget meeting is scheduled tomorrow.
Three residents spoke in opposition to the fire fee.
~
mcc06b99
12
06/17/99
.\,C
.~
,<";1")
:1'....:....
f",.",
0.. ..:,).l~
:~
It was noted additional public input is needed. The City Manager suggested
scheduling meetings. between July 1 5 and September 15 to discuss the fire fee and receive
public input.
ITEM #23 ~ Contract to Oxford Solutions, PeopleSoft Human Resource Management
System consulting services, 06/18/99-12/31/99, estimated $425,000 (lTI
In 1996, staff began implementation of the PeopleSoft HRMS (Human Resources
Management System). After a period of parallel process, the PeopleSoft payroll system
was brought up in July 1998. The City receives ongoing software support from PeopleSoft
through purchase of a yearly maintenance agreement, which entitles the City to telephone
support, new versions of the software, software corrections to problems, and data tables
necessary to run year-end processing. PeopleSoft limits support to the last 2 versions, of
the software, requiring customers to maintain a recent version. Support of the current
version ends in September 1999.
The core group of staff responsible for implementation of the PeopleSoft system
resigned from the City to accept jobs with consulting companies due to their expertise with
PeopleSoft implementation, The City was left without experienced staff to perform this
upgrade in-house as anticipated. It is customary for PeopleSoft HRMS users without a
complete compliment of seasoned support staff to use a consulting partner.
The City issued a RFP to seek firms experienced in PeopleSoft upgrade procedures.
Staff selected Oxford Solutions as the firm most able to assist the City. Oxford Solutions
is familiar with the upgrade procedures, has staff available to perform the upgrade, and can
document and certify the upgrade to PeopleSoft specifications.
In response to a question, Acting Information Technology Director Patrick Cook
reviewed the reasons an upgrade is necessary. The City needs the new tax law updates
and further support after September. He reported hiring full-time staff to handle this
implementation would require extremely high salaries. Financial Services Administrator
Margie Simmons said those being trained will train others. In response to a question,
Assistant City Manager Bill Horne said this cost wa:': not anticipated when last year's
budget was approved. Since then, the City lost pe:'sonnel with the skills to implement the
program. Upgrades must be budgeted for computer systems to stay current. Tallahassee
employees 10 workers for the PeopleSoft system and paid $365,000 for consultants. Mr.
Horne said implementing the new software will require at least 2 dedicated people. Staff
will report regarding City software licenses.
Commissioner Johnson moved to award a contract to Oxford Solutions, Tampa,
Florida, in the estimated amount of $425,000 for PeopleSoft Human Resource
Management System consulting services for the contract period June 18,1999, through
December 31, 1999, and that the appropriate officials be authorized to execute same. The
motion was duly seconded. Commissioners Johnson, Clark and Hart voted "Aye";
Commissioner Hooper voted "Nay." Motion carried.
mcc06b99
13
06/17/99
o
ITEM #24 - Contract to PC University Distributor. Inc., computer equipment, estimated
$74,500 and Wareforce, Inc., software, estimated $126,014, Microsoft Office upgrade,
totAl estimated $200,514 (IT)
.,
"
Purchase of equipment and software will permit those without the current version of
Microsoft Office to be upgraded to the version on newer City computers. The upgrade will
extend the useful life of computer equipment at the Municipal Services Building, City Hall,
Police, General Support Services, and Water Pollution Control. Purchase of the Microsoft
Office Suite upgrade will permit approximately half of the City's computers to be upgraded
to the new Office 2000 product at no additional cost after sufficient industry testing is
completed, A project needs to be established for future standard upgrades of software and
computer equipment replacement. Future programs will be performed in a single
engagement, instead of aggregate projects.
Commissioner Hart moved to award a contract to PC University Distributor, Inc. of
Long Island City, New York, for the purchase of computer hard drives and memory, at an
estimated cost of $74,500 being the lowest and most responsible bid submitted in
accordance with specifications; and to Wareforce, Inc., of EI Segundo, California, for the
purchase of computer software at an estimated cost of $1 26,014 in accordance with City
Code 2.564(d), other governmental bids, and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
f'l
'-.....'
ITEM #25 - Joint Proiect A!:ueement with Pinellas County for utility installation by roadway
contractor during construction of Gulf Blvd./SR 183-A from southern city limits to
Clearwater Pass, estimated $824,986.50 (PW)
Pinellas County has designed the roadway widening of Gulf Boulevard between the
southern City limits of Clearwater and Clearwater Pass. Construction is scheduled to begin
in August 1999. This roadway widening will require relocation or adjustment of the City's
water, sanitary sewer, and natural gas mains and appurtenances within the project limits.
The Engineering Department and CGS (Clearwater Gas System) have coordinated the
design for these utility accommodations with Pinellas County. The County will receive bids
for the roadway widening and utility relocation work and award a bid to the low bidder.
Amounts listed are based on the engineer's estimate. Exact costs will be
determined by the contractor's bid. Pinellas County will competitively bid the project.
Breakout of the $824,986.50 estimate: 1) water line relocation - $493,839.15; 2) sanitary
utility relocation - $151,984; and 3) gas line relocation ~ $179,163.35.
The City will be advised of actual contract bid costs and can reject them if
excessive. This is unlikely as the cost savings of this arrangement are so great
(restoration, traffic control, surveying, and construction management) the likelihood of an
unacceptable price is small.
o
mcc06b99
14
06/17/99
~"," I. /
. .. . .
c \.: >,
I"
>
:. ,
/) Commissioner Hooper moved to approve the City/Pinel1as County Joint Project
Agreement for Utility Installation by roadway contractor during construction of Gulf
Boulevard/SR 183-A from the southern City limits of Clearwater to Clearwater Pass at an
estimated total cost of $824,986.50 and that the appropriate officials be authorized to
,execute 3ame. The motion was duly seconded and carried unanimously.
ITEM #26 - Other PendinCl Matters - None;
CITY ATTORNEY REPORTS
ITEM #27 - Res. #99-24 - Declaring those Non-Ad Valorem Assessments established by
Res. #95-70 and as more particularly described in exhibit to this resolution (Sand Key
Power Line Burial - Payments received 9/1/98-4/30/99) as satisfied and released; pro'viding
for copy of this resolution to be forwarded to Property Appraiser, Tax Collector, and Florida
Department of Revenue
. '
.."
The City Attorney presented Resolution #99-24 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-24 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayestt: Johnson, Clark, Hooper, Hart and Aungst.
0'
"Nays": None.
ITEM #28 - Res. #99-31 - Supporting the Local Mitigation Strategy developed for Pinel1as
County and recommending adoption by the Board of County Commissioners
The City Attorney presented Resolution #99-31 and read it by title only,
Commissioner Johnson moved to pass and adopt Resolution #99-31 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #29 - Res. #99-32 - Regarding release of certain rights to the property known as The
. Oak Bluffs parcel; authorizing signature
The City Attorney presented Resolution #99-32 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-32 and authorize the
appropriate officials to execute same: The motion was duly seconded and upon roll call,
the vote was:
o
mcc06b99
15
06/1 7/99
............~1I...,- . h '~'."'., ..~
.': I '. \ ' . ';'. ... " '.' , " ' ~'. '. ."" ' . .' ' .'..; I, .~ . . ~ ' '.
..,.: :.: ..l>, . ,'c
(if":' .,i;..:..: ;,:,': ',. ',' .'
, '.
>': , .
\t"'" .
,/'"""'\
-'..,.)
, .
},
~.~~ '..
.~';"+:
I'
o
. ...1.;':..:..
','0
, .
. ,
. ,
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
, ITEM #30 - Other Citv Attornev Items
Attorney/Client Session
The City Attorney requested an attorney/client session regarding Johnson versus'
the City be scheduled for August 2, 1999, at 9:00 a.m. Consensus was to so schedule.
ITEM #31 M City Manaaer Verbal Reoorts
, .~
The City Manager reported June 23, 1999, marks his second anniversary with the
City.
ITEM #32 - Other Commission Action
Commissioner Clark requested a letter be written to FOOT (Florida Department of
Transportation) Secretary Barry requesting an incentivized contract be used for the Drew
Street/US 19N overpass. Consensus was to do so.
Mavor Aunast congratulated the City Manager for receiving the Picot B. Floyd
Public Service Leadership Award.
Mavor Aunast questioned if the Commission supported bringing forward an
ordinance to increase fines for handicapped parking violations. Consensus was to do so.
ITEM #33 - Adjournment
The meeting adjourned at 10:59 p.m.
ATTEST:
CeSL r: lb. .Q..
City Clerk ,
, mcc06b99
16
06/17/99
,
1
1
CITY
FORM 88,. MEMORANDUM OF VOTING CONFLI.CT FOR
'COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
L.?~AME-FlRST N~E-MIDDLE NAME NAME OF BOARD, COUNCIL" COMMISSION, AUTHOIUTY, ~R COMMITJ'EE
_f.- (2." Ro =11..- IC (! I.C, (l" '" l1',..(. Qt. ~lflSS.c...'
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORJ'IY OR COMMIT1'EE ON
WHICH I SERVE IS A UNIT OF:
e{ erN Q COUNl'Y
NAME OF POunCAL SUBDIVISION:
(!, t..t;NI, v/t i"E.<- Ii-
M i'OSlTIO 's:
*<.03
i"p.ll!~
COUNTY
o ontER LOCAL AOF..NCY
C L ~ (2. tJ ,r..TG,(..
DATE ON WHICH VOTE OCCURRED
J9 ELECTIVE
o APPOINTIVE
WHO MUST FilE FORM 89
This Conn Is for usa by any person serving at the county, city, or other locnllevel of government on an appointed or elected board,
council, commislrion, lluthority, or committee. It applies equally to members of advisory nnd non-advisory bodies who are presented
with n voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on 0 measure in which you hove 0 conflict of interest will vary greatly
depending on whether you hoJd an elective or appointive position. For this reason, please pay close attention to the instructions on
this fonn before completing the reverse side and filing tho fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A pernon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
"""')h inures to his or her apecial private gain or lOBS. Each elected or appointed local officer also is prohibited from knowingly voting
'~..-... measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent organization or subsidiary of a corporate prindpal by which he or she is retained); to the special private gain or
JOBS of a relativej 01' to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F.B., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pro-
hibited from voting in that capacity.
For purposes of this law. a "relative" included only the officers father, mother, son, daughter, husband, wife, brother. sister, father-
in.law. mother.in.law. son.in-low, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on
a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
.
.
.
..
.
..
..
..
..
.
.
.
.
.
.
..
ELECl'ED OFFICERS:
In addition to abstaining from voting in the situations described above, you must diElClose the conflict:
PRIOR TO 1'HE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from votingj and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorpomte the form in the minuU!s.
..
..
.
.
.
..
.
..
..
.
.
.
.
.
..
.
APPOINTED OFFICERSI
You must abstain from voting and disclose the conflict in the situations deElCribed above and in the manner dCElCribed for elected offi-
cers. In order to participate in these matters, you must disclose thfl nature of the conflict before making any attempt to influence the
deCision, whether orally or in writing and whether mode by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH 'l'HE
,'Y'"'TE WILL BE TAKEN: . . . .
\-fou must complete and file thia form (before milking any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the fonn must be provided immediately to the other members of the agency,
· The form must be rend publicly at the next meeting at\er the form is filed. D \J -e.. ~
CE FORM 88 - REV. 1195
PAGE 1
... t 1 . . .. I .
IF YOU MAKE NO A'lTEMPTTO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. .t ,. . . .
· You 'must diaclO8O any tbe nature Of your conflict in' the m(l~re befo~ participating.
· You must complete the form and file it within 16 days after the vote OCCUTS with tho person responsible for recording the , __
minute. of the mooting, who must incOTpQrato the form in the minutes. A copy of the fonn must be provided Immediately to the
other members of tho agency, and the fonn must be read publicly at the next meeting after the form is filed.
. I,
1?~ho,t- \C. Q )Q/\.c..
, DISCLOSURE OF LOCAL OFFICER'S INTEREST
. hereby disclose that on c.J J1
,
. 1921-:
(a) A meauure came or win come before my agency which (check one)
; L inured to my spedal private gain or loss;
_ Inured to the special gain or loss of my business associate,
_ inured to ,the special gain or loss of my relative,
inured to the spedal gain or ]OS8 of
whom I am retainedj or
inured to the special gain or 10s8 of
is the parent organization or subsidiary of a principal which has retained me.
.' (b) %e measure before my agency and the nature of my conflicting interest in the meWlure is as follows: ~ ~/O~~o.{
-b CM.~."'( Q. c\ \-t '(\N\~ w ',\1... ~ Q 1~t.J4./.P.I Cw...'>.t'1 C IIJ,b, lA, ~~'1, CI0IlWolfr
Iii ^ l-l^, I Itl c~ c>t- LJ...~~ I q w... :p(es.~~ I "us h~ c. ~;^e~ fJz. \~ \;~S" ~G' 1bt (,}fc I' \.s""
"(eo"$W))-k..I ~ C\.W.fry C'IJb, ~~S f.e\..~\.,;,(' ~.{{ts r,t.~ ~~~ ~ Sll.l.tfbl ..naJSr..oJ d,,/I~
et,o.l( ~J20f.
. by
, which
Date Fihd
(,,111/Q'1
I' .
~~
Signature ~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES U12.317, A FAILURE TO MAKE ANY REQUIRED DISCLQ.~' ,
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWIN('~~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY. REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORM Be. REV. 1/95
PAGE 2