12/31/1991 CITY COMMISSION WORK SESSION
December 31, 1990
The City Commission of the City of Clearwater met at City Hall with the following members present:
Rita Garvey Mayor/Commissioner
Richard Fitzgerald Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner (arrived 9:11 a.m.)
Sue A. Berfield Commissioner
Also present were:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order at 9:00 a.m. and the following items were discussed.
City of Clearwater Computerization Long Range Plan (AS)
This plan includes all automation projects proposed for the next five (5) years, with a value of $7,500 or more, although smaller items may be included. The purpose of the plan is
to provide a blueprint for future purchases, as well as a workable budgeting tool for City management and staff. It is not a binding document, as all major purchases still require Commission
approval.
Due to the uncertainty regarding the expansion of the City's mainframe computer, pending a decision on the Utility Billing software package, the plan has been on hold for the past 18
months. During this period, Data Information Services has worked closely with City Management and User Departments to develop the best possible recommendation regarding major computer
applications such as Utility Billing, Finance and Purchasing Systems.
As of January, 1991, the Department of Administrative Services will reinstate the annual review process of the Computerization Long Range Plan.
A question was raised regarding the projects for the Police Department indicating that only 50% of the laptops are being used to do 25% of the reporting.
Laura Chase, Data Information Services Manager, stated the Police Department is phasing in this program and eventually, all reporting will be done through the laptop computers.
The Mayor indicated that, at the National League of Cities Conference, information was provided regarding the "24 Hour City" where citizens are able to obtain information regarding
the city through computer terminals located throughout the city.
January 1, 1990 Actuarial Report for the City Employees' Pension Plan prepared by Coopers & Lybrand - contribution of $3,936,720.00 for FY 91 (AS)
Due to the recent volatility in the calculated contribution requirement, and the uncertainty surrounding the value of our equity investments as of 1/1/91, the actuary has suggested
that staff consider a contribution in excess of the required minimum contribution of $3,071,590.00. Staff is in full agreement with this suggestion, and our recommended contribution
of
$3,936,720.00 is the amount which is included in the 1991 budget. The $865,130.00 by which this contribution exceeds the required minimum will create a plan "credit" which can be used,
dollar for dollar, to reduce any subsequent year's contribution at the discretion of the City Commission. This "credit" will be accounted for separately in subsequent valuations until
the City elects to apply it. It is the intent to use this credit, as necessary, to limit future budgetary increases in the pension contribution to reasonable and predictable percentages.
This year's required contribution of $3,071,590.00 represents a significant and unexpected drop from last year's required contribution of $3,633,616.00. While the actuary attributes
this drop to extraordinary asset returns, it does not conflict with the hypothesis that last year's data did contain a yet to be discovered anomaly.
Staff continues to be concerned about the potential long range impact of disability pensions, the incidence of which continues to exceed actuarial expectations. Of the 65 active job
connected disability pensions, 10 were granted in the most recent fiscal year. Because of increasing salary scales, these 10 represent approximately 22% of the total annual benefit
payments for job connected disabilities. If current incidence rates continue indefinitely, this could cause a significant adverse impact on future funding requirements.
Because of all these uncertainties, staff believe the excess contribution recommended is a prudent and responsible approach which should provide a cushion against future volatility
in the required annual contribution.
It was reiterated that the recommendation for an additional contribution to the Pension Fund is an effort to take out spikes and uncertainties for future fund needs.
Discussion ensued regarding the impact of disability pensions on the system. It was indicated this is being looked at; however, it will require a referendum to make any changes to
the Pension Plan.
Purchasing procedures for purchases under $10,000 (AS/WSO)
It was indicated that at one time there was very tight control over all purchases throughout the City. However, a system is now in place which, for purchases under $500, there is little
control and it is done through what is called restricted purchase orders. For purchases between $500 and $10,000, it is required that three quotes be obtained, although formal bids
are not required. This can be done either by the Purchasing Division or the department making the purchase. If the department obtains the quotes, Purchasing can override the
department's decision if it knows of better pricing. This is monitored through the Internal Audit Agency.
Concerns were expressed regarding departments or Purchasing calling the same three vendors every time.
It was reported that departments will be provided the bidders list for those products it is interested in buying, and will be encouraged to use this list.
It was requested this program be monitored for six months, and that an audit be done after that time.
Discussion ensued regarding whether or not it would be more cost effective for there to be bulk purchases of such things as pencils. It was
indicated the departments are obtaining the best price possible at this time; and to do the bulk purchasing would add an administrative overhead cost.
It was requested that departments share information they receive regarding pricing; and it was indicated this is already done.
Contract to purchase an emergency medical services (EMS) rescue unit for the fire department from Frontline Emergency Vehicles, Pinellas Park, FL, for $46,840.00 (FD)
The EMS rescue unit at the Beach Fire Station is in need of replacement. The existing unit is a 1983 Dodge and has been in service since 1986. It has been driven in excess of 72,000
miles and should not be considered reliable for the public safety EMS role.
The County funding for replacement of Clearwater EMS vehicles assumes a 5-year vehicle useful life and funds are provided annually per the County 10-year EMS contract with the City.
The vehicle chassis carries a standard 1-year warranty and the rear body unit carries a 5-year structural defects warranty.
In response to questions, it was indicated these units usually have a life of 7-8 years as first line units. After that, they are used for something else, and often the chassis is
replaced more often that the box.
Charles Hunsicker, Assistant City Manager, reported that due to our four wheel drive capability, we have been asked to be first response units to Caladesi Island as we are now able
to drive over Dunedin Pass.
Clearwater Public Library System Long Range Planning Committee (LIB/WSO)
Linda Mielke, Library Director, indicated this committee was formed to help the Library plan for its next ten years.
Discussion ensued regarding the survey to be done and from whom the information would be obtained. Ms. Mielke indicated the survey would be done in the service area and will include
both users and non-users of the library. It was stated a copy of the survey will be sent to the City Commission.
Concerns were expressed regrading using money from 'Penny for Pinellas'. It was indicated that, as enhancements to the library are a major portion of the funds that have been allocated
from Penny for Pinellas, it was felt the small amount for this survey would be well spent. Mrs. Mielke indicated she felt the library was an integral part of the downtown area and it
needs to continue as such. It was stated the survey will indicate what are considered to be the needs for the library system, and it will be up to the City Commission to decide whether
or not to do these things.
Amendment to Lease Agreement held by American Yacht Corp., d/b/a Harbour Yacht Sales for the transfer of rooms 4, 31 and 32 to rooms 2, 2A and 3 in the municipal marina building, to
increase the monthly payment, and to expand the permitted usage of the leased premises (MR)
On November 30, 1990, rooms 2, 2A and 3, on the first floor of the marina building became vacant. Mr. Robert Spencer, President of Harbour Yacht Sales currently leases room 4, on the
first floor, and rooms 31, and 32, on the second floor. Mr. Spencer requests a transfer of his lease to rooms 2, 2A and 3 on the first floor so that he may expand his operation by adding
new boat lines, offer sub-contracting service to boaters on and off the marina premises,
to include divers, canvas work, gas and diesel mechanics and ship's carpenters. He also would like to offer a ticket agency for the charter fleet.
Mr. Spencer currently pays room rent in the amount of $585.00 per month for rooms 4, 31 and 32. Rooms 2, 2A and 3 contain 937 square feet, at $12.00 per square foot, Mr. Spencer will
pay $937.00 per month. He will also pay an additional advance deposit sum of $352.00.
Harbour Yacht Sales' Lease Agreement with the City expires on September 30, 1995. All of the terms and conditions of the Lease Agreement shall continue in full force and effect, except
as amended. Harbour Yacht Sales has been a good tenant of the marina.
In response to a question, it was indicated the former leasees paid $850 per month. Bill Held, Harbormaster, indicated they will be putting out an RFP to lease the space vacated by
Harbor Yacht Sales.
Discussion ensued regarding the need for an RFP, and it was indicated we have to at least advertise in order to receive the best bid. Bids will be judged on their proposal and how
well they are aligned with Marine interests while not conflicting with current leasees in the Marina.
Request from Mr. Houghteling, Race Chairman, asking the City to co-sponsor and waive all fees for city services related to the "Tampa Bay Super Bowl Run" (PR)
This event will begin at the City Hall Annex and end on Clearwater Beach. The City's Special Events Committee has reviewed the application and approved the event.
However, Mr. Houghteling is asking that the City waive all City fees that may be related to traffic control provided by the Clearwater Police Department, use of the City Hall Annex
Auditorium, and permits. Police costs for this event might range between $1,200 and $1,500. $165 would be charged for use of the Annex Auditorium.
Consensus of the Commission was that they should participate in this event; however, it was not felt the funds for this should not come from overtime budgets but rather the City Commission
budget.
It was requested that police aides be used as much as possible. It was indicated that the City's primary responsibilities will be for barricades
and police officers.
Michael Wright, Assistant City Manager, indicated another group may be coming forward with another event to be planned around Super Bowl weekend.
In response to a question, it was indicated the Chamber of Commerce is aware of this run.
Interlocal Agreement to perform groundwater investigations at the Fleet Maintenance Facility with Florida Department of Environmental Regulation (PW)
During development of the property at 1900 Grand Avenue, it was necessary to perform groundwater testing on the site. The results of the analysis indicates higher than acceptable levels
of iron, lead and chromium.
The Commission approved the award of a contract to Environmental Science and Engineering, Inc. (ESE) in September, 1990, to develop a Preliminary Contamination Assessment Plan (PCAP)
and perform the Preliminary Contamination Assessment (PCA) after the approval of the plan by the DER.
The DER initially requested the City enter into a Consent Order as a means to assure them of the City's commitment to pursue preliminary contamination actions and to implement corrective
actions should the investigation reveal violations which may reasonably be expected to cause pollution of surface and/or groundwater of the State. An Interlocal Agreement has been negotiated
in which the City agrees to investigate and perform corrective actions at the site should they be needed. The PCAP and PCA currently being performed by ESE are consistent with the terms
of the agreement.
Charles Hunsicker, Assistant City Manager, reviewed the history of this land indicating that it was a former City landfill which was purchased and improved by a safe company. The City
then reacquired the land. High levels of lead have been found on the property. As we are the property owners, we are responsible to address this issue.
Concerns were expressed regarding other industrial uses in the area, and it was indicated the survey will indicate from where the contaminants are coming. It was indicated that, depending
on what the survey finds, there could be additional work needed.
Michael Wright, Assistant City Manager, indicated we are very sensitive to these issues in property that we are buying at this time.
Questions were raised regarding representation of Clearwater on the Southwest Florida Water Management District Board. It was indicated the members of that board are appointed by the
Governor.
Discussion ensued regarding representation on the local authority board, and it was indicated these are separate entities.
Application for grant from the State of Florida to convert 12 Gas Division vehicles to Compressed Natural Gas (CNG) and install a CNG compressor station at 400 North Myrtle (PW)
The State of Florida, Governor's Energy Office, has issued a Request for Proposal (RFP) titled "Alternatively Fueled Vehicle Fleets: Non-Gasoline Powered Solutions for Florida's Future".
The State legislature has appropriated funds to expand statewide utilization of non-gasoline powered and non-diesel powered transportation choices. These funds will be awarded to organizations
which can demonstrate alternatively fueled vehicle fleets. One of the Governor's Energy Office's goals is to promote alternative fuel in environmentally at-risk communities. Pinellas
County is one such at-risk community.
The Gas Division proposes to convert 12 vehicles to Compressed Natural Gas (CNG) and install two CNG compressors at 400 North Myrtle Avenue to fuel them. Two compressors are necessary
to provide an adequate supply of fuel.
The Natural Gas Vehicle (NGV) will improve air quality by creating less ozone and less carbon monoxide than vehicles powered with some fuels. We feel that we should have Natural Gas
Vehicles since we plan to market the concept.
Any contract resulting from the RFP will be issued on a one-half cost reimbursement basis and may contain a renewal option. The basic contract will be for two years. The RFP has a
deadline of 4:30 p.m., January 21, 1991. The General Services Director agrees with this proposal so long as it is implemented as a demonstration project using state matching funding
to offset project costs.
Estimated costs include the conversion of 12 vehicles at $3,000 each, two compressor stations at $45,000 each and miscellaneous hardware at $9,000 for a total of $135,000. If the grant
is approved, the State of Florida will pay one-half ($67,500). When approved, funds will be reallocated during first quarter FY 90/91 revisions. Additional Commission action will be
required to accept a grant offer from the state prior to expenditure of funds.
It was stated that fueling stations should be compatible not only for City vehicles, but for public vehicles, as this will be a potential revenue source. It was also indicated that
PSTA should be contacted to see where it might be appropriate to install fueling stations for them. It was indicated this will just be a demonstration project at this time, and there
would be some move toward encouraging businesses to have their stations and we would pipe the gas to them.
Lease Agreement with Pinellas Community Center, Inc. (formerly The Center Foundation) / Cancellation of lease agreement with Clearwater Youth Recreation Center, Inc. (CM)
The recreational development, commonly known as the Center Foundation, has undergone a series of expansions and evolutions since the City entered into a lease agreement with the Clearwater
Youth Recreation Center, Inc. in December 1986.
The purpose of that lease was to allow on City-owned property, the "building and operating (of) a facility for public recreational and educational programs, and to maintain the property
as a park to be open and accessible to the public in a manner generally consistent with the operation of City public parks, subject to reasonable rules and regulations as may be established
from time to time by the Board of Trustees of the Foundation ..."
The City property, valued at $1.5 million, is leased to the Center for $1 per year. In addition, the City has contributed $750,000 to date in cash and, subject to the appropriation
process, anticipates an additional $250,000 contribution in the next fiscal year.
The 15.5 acre facility includes an olympic-sized indoor pool, a therapeutic pool, a 15,000 square foot gymnasium, various fitness rooms, locker rooms, training rooms, administrative
offices, outdoor ballfields and a 75,000 square foot office, education and training facility for the Upper Pinellas Association for Retarded Citizens (UPARC).
When the City entered into the lease agreement with the Center, there were three partners, or participating agencies in the development of the facility. They were the City, UPARC and
Clearwater for Youth, Inc. The lease was for a period of time of at least 15 years, possibly 25 years and perhaps for 99 years, if approved by the electorate. At the end of the lease
period, the facilities are to be owned by the City.
Under the present lease agreement, the facility is managed by a Board of Trustees appointed by the three participating agencies and a lesser number of members appointed at large by
the Trustees.
It was initially conceived that the Center would operate at no cost with a restricted endowment fund providing the majority of the operating capital. Realizing there might not be sufficient
money in the endowment fund, the lease agreement allowed, "in the event the Foundation experiences a shortfall in monies available for maintenance and operation, the Board of Trustees
may deem it necessary that rental or utility charges be paid by the Participating Agencies."
Participating agencies are allowed to charge user fees, non-resident user fees and other fees for programs conducted by the participating agency.
Simply put, the Center is the landlord; it manages the facility and pays for the cost of operations, utilities and maintenance. The participating agencies are the tenants and pay discounted
rent for use of the facilities.
Discounted rent means that portion of the operating costs not paid by the endowment.
The estimated budget of the facility, excluding the 75,000 square feet of buildings and adjoining grounds operated by UPARC, is $706,400. UPARC pays its share of utilities and other
costs outside of the budget.
The Trustees expect to receive $706,400 in revenues from three primary sources -- the endowment fund, memberships and rental fees paid by the participating agencies. In the 1990/91
fiscal year, the endowment is budgeted to produce $200,000 (plus $45,810 one time contribution) and approximately $156,640 is expected to be received from memberships leaving a balance
of about $303,950 to come from the participating agencies.
At the April 5, 1990 City Commission meeting, the Commission unanimously agreed to allow three new participating agencies to become "partners" in the project.
The new lease agreement will replace the existing 1986 lease. It contains a number of significant points, including:
The term of the lease is 15 years, unless extended by referendum.
The Center will be managed by a Board of Directors, consisting of 18 members, two of which are appointed by the City.
The City of Safety Harbor and the Young Women's Christian Association (YWCA) are included as additional sponsoring agencies. St. Petersburg Junior College, the third potential additional
sponsoring agency, will not be included.
The Center is responsible for all costs of operation, maintenance and repair of the project. Sponsoring agencies may be assessed for rental or utility charges if the "Center experiences
a shortfall in monies available for maintenance and operation."
Each sponsoring agency will pay a fair and proportionate share of the costs of operation, maintenance and repair of the project based on a cost sharing distribution formula developed
by the Board of Directors, but subject to the approval of the City Commission.
Michael Wright, Assistant City Manager, indicated this is an agreement with the operating board only. He said the advantages to the City in this agreement are that 1) the Board of
Directors can not be increased without consent of the City, 2) sponsoring agencies have a priority in scheduling activities at the center, and 3) the City Commission has the authority
to approve the cost distribution formula.
Mr. Wright indicated there were two technical corrections to be made to page 4 of the agreement: at the top, the fourth listing of an organization "Young Women's Christian Assoc." needs
to have the words "of Greater Clearwater" added to it. Also, in paragraph #10 on page 4, in the third sentence the word "equally" is to be deleted between "that" and "distributes."
Concern was raised regarding deleting this word, and it was indicated it was felt this would protect the City. Concern was expressed this would place the Commission in the "bad guy"
position. Mr. Wright indicated he believed the formula will work and, if there are no safeguards in the lease, we will be at the mercy of the organization.
A concern was expressed regarding the City not being listed as a sponsoring agency, and it was indicated that those were sponsoring agencies that had use agreements with the Center,
whereas the City has a lease agreement. Mr. Wright indicated we are different from the other agencies in that we will eventually own the property.
Discussion ensued regarding the City's ability to take over should the Center encounter financial difficulties, and it was indicated that paragraph 4 of the agreement addresses this
issue. In response to a question, it was indicated that should the Foundation dissolve, the endowment of the Foundation would go to another charity.
It was stated that Clearwater currently contributes 20% of the operating costs, and it is the goal to decrease that contribution.
Fred Fisher indicated it is hoped the endowment will be increased to $5 million.
It was requested that an annual meeting with the Foundation be established, much as the Commission has annual meetings with PACT and the Housing Authority.
Concerns were expressed regarding approval of this extending of the lease, and whether or not by doing this the Charter provision is being compromised. Mr. Wright indicated the first
five years of this agreement was during construction, and this will be a fifteen year operation agreement. The City Attorney indicated he did not feel this was a subterfuge of the Charter
provision.
Financial Status of The Long Center (formerly The Center Foundation) (CM)
The Long Center ended its first, though abbreviated fiscal year on September 30, 1990 with operating expenses exceeding operating income. The trend is continuing into the current fiscal
year.
While it was initially conceived that the Center eventually would operate at no cost with a restricted endowment fund providing the majority of the operating capital, the lease agreement
allowed, "in the event the Foundation (Center) experiences a shortfall in monies available for maintenance and operation, the Board of Directors may deem it necessary that rental or
utility charges be paid by the Participating Agencies."
Participating agencies are allowed to charge user fees, non-resident user fees and other fees for programs conducted by the participating agency.
The estimated budget of the facility, excluding the 75,000 square feet of buildings and adjoining grounds operated by UPARC, is $706,400. UPARC pays its share of utilities and other
costs outside of the budget.
The Directors expect to receive $706,400 in revenues from three primary sources -- the endowment fund, memberships and rental fees paid by the participating agencies. In the 1990/91
fiscal year, the endowment is budgeted to produce $200,000 (plus $45,810 one time contribution) and approximately $156,640 is expected to be received from memberships leaving a balance
of about $303,950 to come from the participating agencies.
Participating agencies were asked to project the number of participant hours that would occur through programs sponsored by the participating agencies held at the Center. The result
of this effort was a participating agency participant hourly user fee of 50 cents. In other words, the City pays 50 cents per hour, per person participating in a City program to the
Center.
The problem is the actual number of participant hours in City programs have not equaled the projections of participant hours on which the Center budget is based.
During the first three months of the Center's operation, the Center would have received $4,915 from the City's actual use, but it projected $27,615 in user fee income, a $22,700 shortfall.
This does not include office space rental fees of $1,040 per month.
For the current fiscal year, the Center projected it would receive $149,687 in revenue from the City. That amount is arrived at by multiplying the 269,631 anticipated participant hours
times 50 cents per hour plus an additional $14,872 in planned rental fees.
The City actually budgeted $122,725, which is 269,631 participant hours times 40 cents per hour plus an additional $14,872 in rental fees.
The Center is requesting that, for the first year of operation, that it receive from the City the anticipated revenue of $149,687 to be paid in twelve equal monthly installments, plus
the difference between the anticipated revenue and the actual revenue received from the City for the 1989-90 fiscal year, or $72,700. The Budget Office has carried over from the last
fiscal year a payable of $22,700, but has not disbursed the funds.
If the new lease agreement is approved by the City, payments beginning October 1, 1991 will be based on the City's actual prior year's percentage of use of the facility.
Although the City only budgeted $122,725 in total rental expenses, it has projected receiving an extra $5,580 in net revenues from programs held at the Center. The combined projected
expenses plus the additional revenues equates to $128,305, which is $21,382 less than the amount requested by the Center.
If approved, the appropriate budget amendments will be included with the first quarter amendments.
Michael Wright, Assistant City Manager, indicated no participating agencies are meeting their projections for use. The recommendation is to pay The Center Foundation what we projected.
Future years' contributions will be based on history.
In response to a question, it was indicated the County does not participate in the center at this time.
Questions were raised regarding how to increase participation, and Mr. Wright indicated staff is working out the kinks in scheduling problems.
In response to a question regarding the City's $250,000 contribution, it was indicated this was for construction and not for operation and maintenance. Mr. Wright indicated we are
in the learning process and we are trying to schedule as much activity as we can. He stated we do believe we will be successful.
Discussion ensued regarding scheduling problems, and it was indicated the new agreement does give priority to sponsoring agencies. It was also indicated that, if another participating
agency has a program going on, City of Clearwater residents will be able to participate in that program.
In response to a question, it was indicated this could be done without a non-resident fee.
The meeting recessed from 11:15 to 11:25 a.m.
Proposed salary adjustment for SAMP employees for FY 90/91 (CM/WSO)
It was the consensus of the Commission to postpone this discussion until other labor issues are decided.
Preliminary Subdivision Plat/Final Site Plan for Lokey Motors Used Cars, located at 2355 Gulf-to-Bay, M&B31.04 (The Bank, Florida Bank of Commerce)(PLD)
The applicant, Lokey Oldsmobile, is requesting that the City Commission reconsider the Preliminary Plat for Lokey Used Cars, specifically for the deletion of one of the previously required
conditions.
On January 4, 1990, the City Commission reviewed the preliminary subdivision plat for Lokey Oldsmobile Used Cars (a two lot nonresidential subdivision of a parcel of land which includes
the existing financial development known as The Bank, Florida Bank of Commerce site) and authorized final action by the Development Review Committee (DRC) subject to conditions, one
being as follows:
#5. There shall be only one joint point of access for this subdivision plat. The other existing driveways shall be removed and replaced with appropriate landscaping, sidewalks and
street curbing in accordance with city standards prior to recordation of the final plat.
The subject condition was recommended as the plat indicated one joint point of access for the two lots with proposed closure of the existing westerly driveway for the new Lokey Used
Car development. Also, closure of unnecessary driveways, thereby limiting access points to Gulf-to-Bay Boulevard, is in keeping with the Goals, Objectives and Policies of the City's
Comprehensive Plan.
The preliminary plat and final site plan were subsequently reviewed by the DRC on January 11, 1990. At the DRC meeting, the applicant expressed the desire to maintain the existing
easterly driveway which is primarily an egress point for The Bank's drive thru facilities and the angled parking in front of the building. The DRC felt this would meet the intent of
the action by the City Commission to reduce and limit the number of driveways, if after further review of the situation, the Traffic Engineer determined that it should not be closed.
This matter has been studied by Traffic Engineering who strongly recommended that this existing easterly driveway remain open, in addition to the proposed joint point of access, as
it would create a disorderly vehicular flow on the site, perhaps even resulting in unsafe conditions due to the existing bank development. Further, Traffic Engineering feels that the
closure of the easterly driveway would result in an undue hardship on the existing bank development. Traffic Engineering recommends that the joint point of access still be permitted
as the easterly driveway would not be suitable to serve as the sole access point for one or both lots due to its location relative to existing and proposed vehicular flow.
The applicant is now preparing for certification of the preliminary plat and final site plan.
It was reiterated that the Traffic Engineer recommends the two drives.
Discussion ensued regarding the existing drive, and it was indicated there is one just to the east of this for a mobile home park.
Implementation of Option B1 regarding Notification to Owners of Nonconforming Signs, cost $65,961.00 (PLD)
The Sign Regulations, Chapter 134 of the Land Development Code, provide implementation procedures for enforcement, including a seven year amortization applying to signs existing at
the time the regulations became effective (October 13, 1985). As part of this implementation program, the Sign Regulations require the City to notify property owners of existing nonconformities
to their signs eighteen months prior to the end of the amortization period (i.e., by April 13, 1991). Various approaches to meeting this requirement have been examined by the Planning
and Development staff. There are four options which are considered the most feasible methods to carry out this code requirement. Because each of these options has a fiscal impact,
a review was also made of the Department's budget. There exists $35,000 which could be transferred within the Department budget for funding a sign survey; any costs in excess of this
$35,000 will require a budget amendment.
Option B.1 states: between January, 1991, and April 13, 1991 conduct a field survey of all signs, photographing and estimating size or measuring signs as appropriate. Send notification
of expected noncompliance to property owners as appropriate.
Jim Polatty, Planning and Development Director, indicated that notifications regarding the sign code have been included with occupational license renewals; however, the City Attorney
does not feel this is significant notification. The City Attorney indicated he felt with notification to the individuals the City will probably obtain better compliance from the sign
owners.
Mr. Polatty indicated they are proposing to hire temporary people in order to do the survey as is being recommended. He stated this will result in an unbudgeted expenditures of $23,000.
Discussion ensued regarding whether or not the burden of proof could be placed on the owner, and the City Attorney indicated he did not feel this would be sufficient should any cases
go to the Code Enforcement Board or court. It was indicated this is being done as a public relations, as well as a legal, move.
A question was raised regarding whether or not this information would be available to sign companies should they request it, and it was indicated this will be public record.
The City Attorney indicated he will have amendments to the utilities ordinances prior to Thursday night.
Verbal Reports
The City Manager reminded the City Commission of the Florida League of Cities Legislative Conference to be held in Tallahassee January 17th and 18th. He indicated there was a need
for a closed meeting regarding labor
negotiations, and consensus of the Commission was to set this meeting for 9:00 a.m. on January 10th.
Legislative Update
Kathy Rice, Assistant City Manager, stated we now have a final copy of the Chamber of Commerce's legislative package. A legislative luncheon will be held on February 15th.
She stated she feels comfortable regarding the beautification grant.
Status reports were requested regarding Clearwater Pass Bridge and Dunedin Pass.
Other Commission Action
Commissioner Berfield questioned whether or not there were windows in the Sailing Center building. It was indicated it was felt that big glass doors were in place of windows.
The meeting adjourned at 11:55 a.m.