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04/18/2011 2011 Business Task Force Meeting Minutes City of Clearwater April 18, 2011 Minutes Present: City Staff: Mayor Frank Hibbard City Attorney Pam Akin Commissioner John Doran Members: David Albritton, President of David Albritton, Building Contractor Inc. Brian Aungst, Jr. (Chair) & Attorney at MacFarlane, Ferguson & McMullen Joe Burdette, Construction program manager w/various projects in City. Katie Cole, Attorney at Johnson & Pope Alan Ebbert, Frenchy’s restaurants Operation Manager Steve Engelhardt, Hallmark Development Inc. Steve Fowler, Architect, Fowler Associates Architects, Inc. Gene Gillespie, President of Sand Key Civic Assoc. & Gillespie & Assoc. Jeff Kronschnabl, Instructor with St. Petersburg College (retired from City) Shelley Kuroghlian, President of Clearwater Neighborhoods Coalition Robert Longnecker, Manager of Clearwater Jolley Trolley Robert Pergolizzi, Principal at Gulf Coast Consulting, civil engineers, etc. Alex Plisko, (Vice-Chair) Architect in Clearwater since 1978 Duane Schultz, Code Enforcement Board P.J.Shah, Cumbey and Fair, Inc. Members Absent: Alan Bomstein, Creative Contractors Inc. Mark Klein, Klein & Hutchens Real Estate Minutes: Mayor Hibbard thanked all Members for accepting the invitation to serve on the task force. Members were chosen because of their wide variety of experiences with the City as business leaders and community activists. Everyone introduced themselves and stated some of their relevant experience. (see above) Mayor Hibbard then introduced Commissioner John Doran and City Attorney Pam Akin. Mayor Hibbard discussed how the board came about, because of complaints about code enforcement, land use, processes in the Planning Department or the way we enforce our Business Task Force 2011-04-18 1 ordinances. There are reasons why we do what we do and we want to maintain a high quality of life within the City. Mayor Hibbard remarked about Mr. Kronschnabl’s time in different departments in the City and believes he will be of help to the task force. Businesses sometimes want to do anything they want, where they want to do it and do it in a short time frame, and then residents/neighborhoods complain. County proposed a zip-line at Sand Key Park and residents complained to the Sand Key Civic Association, the Council will take a position regarding this. Member Aungst previously mentioned the Chamber of Commerce’s efforts to amend the sign code, the Council will hold off on acting on any recommendations because this group needs to have input on that topic. We will not be giving you specific directions, we don’t want this to be a City driven, and we want this to be business owners and stakeholder driven. You have the ideas about what needs to be changed in the City. Besides the sign code the planning and zoning process is a concern, getting permits, buildings which were vacant for six months or more needing to be brought into compliance. We want to find some common sense solutions to some of the issues that are roadblocks. Frenchy’s (seating) and Beachwalk (catalyst for businesses) had problems. We have to appreciate the needs of residents and businesses and keep our community special. We want you to access any staff you need to speak with. We are hoping for a four to six month time frame. You need a work product to present to Council. Mayor Hibbard believes this is a dream team. Member Aungst asked about the status of the charter review committee and whether there will be any overlap. Attorney Akin spoke to the fact that they are currently discussing the form of government of the City. Focus is on form of government and representation not on the processes of the City. Hoping the charter review committee will have recommendations in September or October. This task force may overlap some issues. Mayor Hibbard said he would get a copy of the charter review committee’s recommendations to Members. Chair or Vice Chair of this task force will give a report to Council and depending on whether or not they agree they will implement changes with staff or ordinances. ReMember that there are unintended consequences with any decision the task force makes, and it will depend whether they can live with them or not. Reach out to the larger business community and the residential community and we will make a larger room available. Member Schultz suggested the other Members ride with a code enforcement officer because it is an eye-opener regarding unintended consequences regarding both sides of a story with issues in a neighborhood. Attorney Akin reviewed Sunshine Laws regarding this task force, Members cannot talk to other Members outside of meeting except in a publicly noticed meeting, no emails to each other Business Task Force 2011-04-18 2 neither through staff or friends, also phone calls. Minutes will be taken and approved at each meeting. The public is allowed to attend and Members can allow them to speak. e-mails are public records and copies are to be sent to the Clerk’s office and to Rosemarie.Call@myclearwater.com. The City Clerk will forward all correspondence to the Members. Members can research and gather information by themselves to be brought to next meeting and shared or be split into subcommittees to gather information which must have minutes taken and brought to meeting. If you send an e-mail to outside groups such as the Chamber of Commerce, that e-mail has to be sent to Clerk Call, you can call and talk and gather information and then bring that info to the next meeting. Phone calls between a Member and non-Members are not public record. You can talk to any staff any business person or Members of any other board, any other person except Members of the task force until you come to the meeting. Attorney Akin will send out format for e-mails to be sent. This task force will make recommendations to the Council and the City will determine whether to take it further and make changes to the Codes or Ordinances. If you want to hold a public hearing it must be advertised and posted. Ordinances and Codes may need to be changed because they are tying staff’s hands and the process could be easier. Mayor Hibbard mentioned that Members Mark Klein and Alan Bomstein are not present. Mayor Hibbard and Attorney Akin left the meeting at approximately 6:12 pm and turned it over to Members to elect a Chair and Vice Chair. Member Fowler moved to elect Member Aungst Chair, the motion was seconded by Member Albritton and Member Aungst was elected Chair unanimously. Member Plisko was unanimously elected Vice Chair. Chair Aungst asked Members to introduce themselves and share their particular expertise, why they believe they were selected to serve on the task force, and what they hope to accomplish. Member Fowler – would like to streamline the process to get permits and make it easier and faster for property owners. Often times clients complain about the length of time the permitting process takes. Property owners realize that the process is too long and the owner goes ahead and doesn’t get approval. This is not good for Clearwater. Tampa has administrative staff that can waive 10% of requirements. Member Albritton – serves on Downtown Development Board and works hard to attract business, but business people run away due to length of time for permits and fees. He agrees that the Codes are very difficult for a small business person to navigate. They may end up going to Business Task Force 2011-04-18 3 some other City and Clearwater loses out. He hopes to change management, Codes and Ordinances. We need to change the way management handles requests. Vice Chair Plisko - Michael Delk is good about responding, but down the chain of command no one calls back. He does not think some of the planners are qualified for their job. The person who interprets the Code says “You can’t do it”. It takes 12 to 16 weeks for something to get approved or turned down. Need appointment process. Old Code was driven by variances but now is better. It is the same thing with Kevin in the Building Department, no grievance committee. Why the shut down on Wednesday afternoon? Member Kronschnabl – Worked in the Department for 13 years, the process seems to be hindered by the Code. There is no excuse for bad attitudes or for processes that don’t work. He would like to go through with the Members how Codes are written and why they are in place. He would like to work on the process to make it fair, consistent, and impartial. Member Burdette – Doesn’t think its staff, it’s the process it’s crazy and inefficient. Thinks we need to change the Code. The cost is ridiculous. It costs $60,000 to $90,000 to go through the Community Development Board process just to find out if a project might be approved. Maybe we should split up into groups to discuss different aspects of the process. We need to have the support of the Council to change the Codes. Give the inspectors computers to carry around with them to use so they are more responsive and then he won’t have to hire private inspectors. We can do this in less than six months. Member Gillespie – Was the President of Dun & Bradstreet France for four years. He left and started his own business and work with Kiwi Airlines, Hospitals, and other small businesses. He appreciates what small businesses deal with. Signage rules infuriated him. President of Sand Key Civic Association. Mentioned the Hyatt problems with sidewalk setbacks and parking. Member Kuroghlian – A neighborhood activist and President of the Clearwater Neighborhood Coalition. She hears from residents who only want to improve their homes and are fed up with the process. Money is a sticking point and that Clearwater is known as the City of “no.” Concerned about the impact of the changes the task force will be recommending on residents and neighborhoods. Management is a key concern in the City, it is bogged down with the chain of command. No one is authorized to make a decision except the upper level managers. This is the culture I would like to see changed. Wants to discuss the way the City does business including the management process. Member Pergolizzi - The process is broken and upside down. He is a Member of the Chamber of Commerce and has tried to work with the City to make the process better. The Community Development Code ties staff’s hands. He met with Michael Delk back in September and said five Business Task Force 2011-04-18 4 things: 1. Duplication 2. Time consuming 3. Chasing business to other communities 4. Too expensive 5. Development code ties hands. Mr. Delk says we don’t want to be like other communities. Economic Development hired an outside consultant from Texas. Same thing was determined. Parking study cost $2000 or $3000 after a site plan after which it can be turned down. Engineering plans would be $50,000 to $60,000. Believes we can improve the process and still keep Clearwater special. Member Cole – Would like the group to come up with holistic recommendations after looking at the Code of Ordinances and the Community Development Code. Want to focus on more than just the police aspect. Look at the Ordinances that impact business and planning for the City. Information guide for City needs to be updated. Inter-Departmental cooperation needs to be improved. Technology needs to be implemented to help staff improve the process. We need to make sure we have reasons for changes. Do a hit list, schedule speakers and educate ourselves. Member Ebbert – Has worked on Clearwater Beach for many years. As Frenchy’s operations manager, went through a lot with the City. Codes need updating, things have changed over the years, but rules are there for a reason for safety and other things. Clearwater is one of the hardest cities to work with concerning permitting and building Codes. St. Petersburg has done a great job. Member Longnecker – Is an engineer and was involved with network engineering. Worked in Germany and had a team of 40 industrial and civil engineers. Has not dealt with the City on permitting but has dealt with them regarding the Jolley Trolley. His interest in Clearwater has to do with changing the attitude. Houses built around him are higher than his. He has no view. Flood plain restricts or building height restrictions don’t seem consistent everywhere. Dunedin is a lot easier to deal with. Member Engelhardt – With Engelhardt Realty and represents a lot of small businesses in Clearwater. Pinellas County is built out, but Hillsborough is still building. Dunedin is easier. Clearwater’s negative image needs to change, the City has a bad image for development. No help for homeowners. Staff can’t do what’s not in the Code. Pinellas County is much easier to deal with. Member Schultz – Chairman of the Code Enforcement Board. Would like the City to be not so adversarial, there’s always a problem with the Codes. They should come in ready to work with residents and business owners. Issues with lots of different things. Don’t think it will be easy. Member Shah – Make changes so Clearwater can bring in more business. Clients come to him to help them with the process. Bring back incentives and enterprise zones. We have the best weather and best beaches in the state. Look at the Gas Department and Chuck Warrington, Business Task Force 2011-04-18 5 selling gas in Pasco County and doing a great job. Check out Pinellas County process, and he can get a one day walk through and get all my permits done. At the conclusion of the Members’ comments Chair Aungst stated the overall purpose of this task force is to make Clearwater “more business friendly” and that should be the overriding focus. We have been given wide breath, but our process is going to be just as important to our success or failure as the City’s process is to its success or failure. Chair Aungst identified the following areas of focus: 1. Land Use (including, permitting/construction, zoning, and the Community Development Code); 2. Code Enforcement; 3. the Sign Code; 4. Government Administration; 5. Neighborhoods and Residential; and 6. Downtown. The general suggestion of inviting Michael Delk to the next meeting to discuss land use was made. Chair Aungst asked the task force if they wanted to hear from Mr. Delk at the next meeting to be exposed to all of the issues, or if they wanted to meet without hearing from the staff first and come up with our own issues and recommendations. A comment was made that we don’t need to have staff come because just about everyone knows how things are processed at the City. Chair Aungst wants to figure out if the Members want to talk to the staff first or meet independently without staff. The Council will not accept our recommendations without staff input and it is important to work with them to ensure our success. Member Kuroghlian wants to hear from Mr. Delk first, some of the Members don’t deal with the departments in the City on a daily basis because they are not developers or contractors. Chair Aungst called for a motion to be made as to how to proceed at the next meeting. Member Shah moved to meet without City staff at the next meeting and for the Members to discuss land use, permitting and zoning and the Development Code. Then at the following meeting have representatives from the City come give their thoughts on our recommendations. The motion was seconded and discussion ensued. Member Burdette suggested Members with less experience with the land use issue could meet with Michael Delk prior to our next meeting to get up to speed. A vote was taken and the motion passed. Members Kuroghlian and Gillespie discended. The next meeting will be held Monday, May 9, 2011, Monday at 5:00 pm in the same room. Chair Aungst will approach the City about adding this task force to the City’s web site. Business Task Force 2011-04-18 6 Meeting adjourned at 7:36 pm Attest: Chair Business Task Force Board Reporter Business Task Force 2011-04-18