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01/02/1996 CITY COMMISSION WORK SESSION CITY OF CLEARWATER January 2, 1996 Present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Elizabeth M. Deptula City Manager William C. Baker Assistant City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter Prior to the Work Session, the City Commission toured the Municipal Services complex which is under construction. The meeting was called to order at 10:25 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards - None. FN FINANCE Contract for moving services to Suddath Relocation Systems, St. Petersburg, FL, at an estimated $79,908 The new Municipal Services complex, scheduled for completion in March/April 1996, will consolidate numerous City departmental activities. Moving services will relocate furniture, equipment and contents to the new facilities. An "after move" will relocate obsolete or excess furniture to other City departments or to a central storage area. The City requested proposals from firms experienced in moving large corporations/ companies. The Move Coordination Committee selected Suddath Relocation Systems as the most capable firm based on criteria established in the RFP (Request for Proposals) that includes: 1) corporate and local agent experience; 2) size and capabilities; 3) available equipment; 4) litigation history; 5) move plan and recommendations; 6) scheduling recommendations; 7) time estimates; 8) fee schedules; 9) company brochures; and 10) suggestions and reference responses. Except for rigging equipment, Suddath has sufficient equipment and personnel to complete all phases of the moves without additional assistance. Rodgers Brothers' Services will provide rigging equipment. At no additional cost, Suddath will offer employees move training. Staff recommends a $20,000 contingency fund to cover unidentified add-ons. Accurate furniture and content inventories are not available. Including the contingency, the total move is estimated to cost $79,908. Three firms submitted lower estimates than Suddath Relocation Systems. The committee evaluated cost as one factor but considered services that were the least disruptive to citizens and employees to be most important. In answer to a question, Purchasing Manager George McKibben said an accurate account of everything that will be moved was not available. He said the contingency fund was to cover costs to move items not included in the bid. The amount of each bid was requested. GAS GAS SYSTEM Contract for installation of polyethylene gas main on US 19, from SR 54 to 1/2 mile N of Ridge Rd., to A & L Underground, Inc., Tallahassee, FL, for Pasco County Gas Expansion - Phase II, at an estimated $752,657 CGS's (Clearwater Gas System) Strategic Plan calls for expanding natural gas mains into Pasco County in phases; the second phase is approximately 5½ miles. Staff proposes a contract with A&L Underground, Inc., to install 6-inch polyethylene gas mains and other associated materials along US 19 from SR 54 to ½ mile north of Ridge Road. Included is a 12-inch directional drill of the Pithlachascotee River. As construction is completed, commercial accounts will be connected in approximately one-mile segments. The contractor will supply all labor, equipment, sod, asphalt, concrete, and curb replacements. CGS will supply gas-related materials, e.g., polyethylene pipe, fittings, and valves worth approximately $143,500. The bid was opened on November 14, 1995. A&L Underground's bid was the second lowest received and was the most responsive and responsible bid that met specifications. The low bidder is not a licensed Underground Utility Contractor and cannot work legally in the State. AND Contract for installation of polyethylene mains and services to Jasco Corp., Fort Myers, FL, at an estimated $411,350 To provide timely installation of new gas mains and services without increasing staff, CGS (Clearwater Gas System) proposes to contract with Jasco Corp. to install polyethylene gas mains and services at various locations throughout CGS' service area. Heuer Utilities, Clearwater, Florida, currently provides CGS services and installs polyethylene gas mains. Multiple contractors are necessary because the amount of required construction work has increased. Jasco Corp. will supply all labor, equipment, sod, asphalt, concrete, and curb replacements. CGS will supply gas-related materials such as the polyethylene pipe, fittings, and valves. Jasco Corporation's bid was the second lowest one received. The lowest bidder's past performance and history were evaluated as unsatisfactory. Staff recommends awarding the contract to Jasco Corp. A brief summary of progress with CGS' expansion and the state of the bond issue were requested for Thursday night. GS GENERAL SERVICES Purchase of 24 automobiles for Police Department: Maroone Oldsmobile, Inc., Pembroke Pines, FL, Nine 1996 4-door midsize sedans, for $126,495 and Six 1996 2-door midsize sedans, for $100,848; Bill Currie Ford, Tampa, FL, Three 1996 sports vehicles, for $55,992; Kaiser Pontiac Buick GMC Truck, Deland, FL, Two 1996 sports vehicles, for $43,060.70; Garber Chevrolet-GEO, Green Cove Springs, FL, One 1996 compact sedan, for $12,603.50; Plaza Jeep Eagle Isuzu, Leesburg, FL, Three 1996 4-door full size sedans, for $49,387.65; award an administrative fee of $150 or $50/vehicle to Florida Sheriff’s Association; for a total cost not to exceed $388,536.85; funding to be provided under City’s master lease-purchase agreement Staff recommends replacing the 24 confiscated vehicles the Police Department has incorporated into their fleet during the last several years. This proposed purchase will consist of mixed sizes and colors to meet the Police Department's surveillance needs. The cost for premium warranties was not included in the bid solicitation and $14,220 was added to the bid price. It was noted the City Commission had directed staff to standardize vehicle purchases. The City Manager said this item purposely requests a variety of vehicles as they will be used for surveillance and the Police Department does not want them to be similar. The City's cost reflects the State contract price. In answer to a question, General Services Director Bill Baird said the sports vehicles are small sedans. EN ENGINEERING Public Hearing & First Reading Ord. #5960-96 - Vacating full east/west right-of-way of Pinellas Street, lying between Waters Ave. & Bay Ave., subject to it being retained full width as a drainage, utility, ingress & egress and sidewalk easement (Morton Plant Hospital, V95-14) The applicant requests vacating the Pinellas Street right-of-way between Waters and Bay Avenues. The applicant owns the adjacent properties and wants to incorporate the street into the Morton Plant campus' internal street network. This portion of Pinellas Street is a paved, dead-end street used by Morton Plant Hospital for vehicular traffic and parking. Vacation of the right-of-way will alleviate the City from maintenance responsibilities for a roadway that serves Morton Plant campus motorists only. The City's utilities within the right-of-way will not be affected by this request. Local utilities reviewed this request and have no objections provided the right-of-way is retained full width as a utility easement. Appropriate City departments have reviewed this petition. Engineering Services has no objection provided the right-of-way is retained full width as a drainage, utility, ingress & egress, and sidewalk easement. Other City departments have no objection. The City Engineer reviewed this request and recommends its approval. It was recommended that staff review the area as other vicinity streets may have similar uses and could be vacated. Concern was expressed that streets with residents not be vacated. It was questioned if the hospital plans to encompass the entire area. Rich Baier, Director of Engineering, noted the City Commission had approved the hospital's Master Plan. Public Hearing & First Reading Ord. #5965-96 - Vacating East 2.5’ of 7.5’ Drainage and Utility Easement lying along West side of Lot 406, Morningside Estates Unit 4 (Olson, V95-19) The applicant requests vacating the East 2.5 feet of the 7.5-foot drainage and utility easement lying along the West side of Lot 406, Morningside Estates, Unit 4. The applicant wants to replace the existing screen enclosure around the pool and deck. Only the deck encroaches into the easement and violates the set-back requirements. This vacation, if approved, does not relieve the applicant from obtaining a variance to the set-back requirements. The City Manager noted this item is to vacate more land than originally requested. Staff wants to be certain the utility companies do not object to the increased size of the vacation. Public Hearing - Request to vacate West 8’ of easterly 10’ Drainage & Utility Easement and South 3’ of northerly 5’ Drainage & Utility Easement; staff recommendation to vacate portion of easterly 10’ Drainage & Utility Easement occupied by pool structure lying in Lot 153, Woodgate of Countryside Unit One; direction for ordinance at next meeting for recommended vacation (Rubin / Jacobs, V95-16) The applicant requests vacating the West eight feet of the easterly 10-foot drainage and utility easement and the South three feet of the northerly five-foot drainage and utility easement. In February 1976, a swimming pool and deck were constructed in these easements. The decking encroaches 6.8 feet into the 10-foot easement and 3.9 feet into the five-foot easement. The applicant's vacation request is inclusive of the decking. Prior to closing on the property, the title company requires the vacation of the portion of the easement where the pool structure encroaches. Florida Power objects to the request because they have facilities in the easement and would not have adequate space to maintain them. Florida Power does not object to vacating only the portion of the easement encroached by the pool. GTE and Time Warner Cable reviewed this request and have no objections. Appropriate City departments reviewed this petition. The City has no existing utilities within the easement. Engineering Services supports Florida Power's concerns and recommends vacating only the portion of the easterly 10-foot drainage and utility easement occupied by the pool structure. All other City departments/divisions have no objections. The City Engineer has reviewed this request and recommends vacating only the portion of the easement occupied by the pool structure. In answer to a question, the City Attorney indicated the request was made because the property is being sold. Mr. Baier said he will come back to the Commission with an alternative method to clear up encroachments. Water Main Replacement Contract - Phases 13 & 14 and Morningside Underdrain Replacement to All American Concrete, Inc., St. Petersburg, FL, for $2,826,554 This contract is to replace water mains in Phases 13 and 14 of the Water Utility Bond Program, replace water mains and subdrains in the Morningside Subdivision, and replace a stormwater force main on Clearwater beach. Phase 13 replaces water mains on Clearwater beach. Phase 14 addresses the area bound by Gulf-to-Bay Boulevard, Belleair Road, Highland Avenue, and Belcher Road. The project includes approximately 18 miles of water main replacement. The water main and underdrain replacement in the Morningside Subdivision were combined in this contract to minimize disruption to the area. The stormwater force main replacement on Clearwater beach was included due to the similar nature of the work. The City Manager said a map of the affected areas will be provided. In answer to a question, Mr. Baier said residents are notified three to four weeks in advance of the project with door hangers and via C-View TV. The City Manager indicated staff erects signs in construction areas that explain the project and provide a contact name and telephone number for questions. 1996 Street Resurfacing Contract to Golden Triangle Asphalt Paving Company, Clearwater, FL, for $927,720 The City's annual street resurfacing program is designed to restore roadway surfaces, provide protective coatings, and maintain the structural integrity of road substructures throughout the City street system. Work includes utility adjustments, asphalt milling, asphalt patching, and miscellaneous curb, street, and drainage work. It was recommended that C-View TV broadcast maps of areas to be addressed during discussion of this item on Thursday night. A report regarding the State's scheduled resurfacing of Gulf-to-Bay Boulevard was requested. Mr. Baier reported the State has completed interim patching on most of the road's length. A portion east of Belcher Road was not done. Contract for Pier 60 Park inclusive of Concession Building, Pavilion, Covered Playground and Park amenities Mr. Baier said the only bid received for this project was 35% over budget. Staff contacted the bidder to verify the bid addressed contemplated plans. Staff decided to advertise for a new bid as this bidding process had occurred over the holiday season. The City Manager noted the project will be delayed slightly. Completion of the concession building will be a priority. CP CENTRAL PERMITTING Public Hearing & First Reading Ord. #5889-95 - LDCA amending permitted and conditional uses (LDCA 95-12) Central Permitting Director Scott Shuford requested continuing this item for two weeks to address changes recommended by the Planning & Zoning Board. A graph of the proposed changes was requested. Concern was expressed that serving alcohol within 200 feet of a church would be permitted as a conditional use. Mr. Shuford said restaurants are allowed as permitted uses within some districts while the sale of alcoholic beverages is permitted elsewhere as a conditional use. In answer to a question, Mr. Shuford said sales of alcoholic beverages could be permitted within 50 feet of a church if specific standards are met. He said the regulations allow the Planning & Zoning Board to consider all issues. He indicated the changes to the alcoholic beverage code are working well. CM ADMINISTRATION Property Purchase Process - WSO In a memorandum, the City Manager indicated the City often is approached with offers to lease, sell or buy property. Staff requests City Commission clarification regarding when it would be appropriate to bring forward the information to the Commission. It was suggested when projects such as the downtown lake are proposed, the City Commission first must establish if they support the idea before staff takes further action. It was noted a report is due regarding the City's recent acquisition of property on North Greenwood Avenue. The City Manager noted current leaseholders of City property have indicated an unwillingness to invest in the properties unless the City commits to extending their leases. She reported staff initially turned down the Civil Air Patrol's request for an essentially free lease of a portion of the Airpark. With support from the Airport Authority, the Civil Air Patrol wishes the City Commission to consider their request. It was noted the City owns a great deal of land. A Work Session devoted to examining ways the City could return some land to the tax rolls was suggested. It was suggested that this issue be addressed during a session on redevelopment. It was suggested that staff define City property needs before the City Commission meets on the issue. Listing the City's land holdings, identifying plans for the property, and providing suggestions for returning properties to the tax rolls was recommended. It was felt if the City Commission does not wish to pursue the downtown lake, the project should be dismissed. The City Attorney recommended the City Commission address restrictions in the Charter regarding the sale of City property. Consensus was to have a Work Session to address this issue shortly after the Spring election. In the meantime, in the weekly follow-up memorandum, the City Manager will advise the City Commission of all contacts regarding purchase or sale of property and staff's response. Requests from Jolley Trolley The City Manager indicated a year remains in the City's agreement to fund the Jolley Trolley. The Jolley Trolley will be requesting a fare increase from $0.25 to $0.50 per person. A question was raised regarding the inability of the Jolley Trolley to operate charters beyond its designated routes. It was noted attempts are being made to agenda this issue before the PSTA (Pinellas Suncoast Transit Authority). It was noted Jolley Trolley charters will be important once the Harborview Center opens. Jolley Trolley Director Al Sakey will make a presentation Thursday night. City Marketing Plan The City Manager noted the City Commission approved a $150,000 budget for a marketing Plan. Information Management Director Jeff Harper reviewed the plan developed by Pearson, Thomas/LKW for a promotional program on a test basis, inclusive of an 800 number for direct response leads and to formulate benchmark information. He said the plan is to target Chicago via cable advertising. The City Manager said the strategy fits well with the Chamber of Commerce's plan to blitz the Chicago market. Staff will provide information Thursday defining the size of the Chicago market. The City Manager said the $5,000 contribution by the CVB (Convention and Visitor's Bureau) will be used for this campaign. It was noted a report of who calls will be available to hotels to market themselves. The City Manager said this is not a full program but felt the City needs to begin a promotional effort somewhere. She noted this proposal is within the budget the City Commission approved. It was felt a system was needed to rate the quality level of Clearwater hotel/motel properties. The City Manager suggested starting with the Superior Small Hotel program that lists many local properties. It was felt a rule should be established not to recommend an unrated property. Mr. Harper said staff will try to contact each hotel. The City Manager noted all hotels in the City will be included. The CPM (cost per thousand) for advertising on CNN was questioned. It was noted the audience west of the Mississippi River is of little use to local tourism efforts. Advertising on Chicago's channel WGN was suggested. Staff will report on that cost. The Commission recessed from 12:17 to 12:28 p.m. CA LEGAL DEPARTMENT First Reading Ordinances Ord. # 5968-96 - Amending Art. III of Ch. 2; designating an official City seal; establishing general restrictions on the use of said seal Concern was expressed regarding the restrictive nature of the proposed ordinance. The City Attorney said if the City adopts the City Seal by ordinance, State law requires the City to give permission for its use. It was questioned if the ordinance would prohibit lapel pins featuring the seal. The City Attorney said that would not be the case as the City Commission already authorized their production for distribution purposes. It was noted the pins have been given to many people who do not live in the City. Concern was expressed that individuals should be able to use the seal. It was noted the City Seal belongs to the City and it was felt those who want to use it should receive permission first. In answer to a question, the City Attorney said candidates for the City Commission could not use the seal if this ordinance is adopted. With adoption of the ordinance, it was noted the City can use State law to prosecute those who use the Seal improperly. The City Attorney said the City Commission could establish limits under which its use would be permitted administratively. It was suggested the City Commission adopt the ordinance and then establish guidelines. The City Attorney reported State law makes it a misdemeanor to use the Seal without approval if the Commission passes the ordinance to adopt the City Seal. It was felt citizens should have the right to use the Seal as long as they use it properly. A suggestion was made that this was the best way to protect the Seal. A recommendation was made the ordinance include language that its use for City Commission campaigns be permitted. It was suggested the Seal's commercial use not be allowed and the City Commission establish rules regarding its proper use. The City Attorney said the State law can be used to grant permission for uses the Commission deems proper. She suggested people not be allowed to use the Seal to appear as if they represent the City when they do not. In answer to a question, the City Attorney said the City Commission can consent to allow the Seal to emboss cups. It was felt the ordinance should ensure protection for everyone and that candidates for the City Commission could wear the seal and use it on campaign materials. OTHER CITY ATTORNEY ITEMS Pinellas Trail interlocal agreement - WSO The City Attorney indicated no tentative agreement has been reached between the City and Pinellas County regarding extending the Pinellas Trail through downtown Clearwater. Which entity shall maintain this portion of the Trail has not been decided. Pinellas County has indicated they do not want to accept personal injury liability for the portion of the trail located along the railroad right-of-way within the railroad crossing barricades. The City Attorney noted an additional concern regarding a business property that abuts the right-of-way and loads and unloads materials across the right-of-way. The property owner has notified the City they will sue for inverse condemnation. In answer to a question, she said staff is researching if a suit based on the City denying the business use of their property would have merit. Mr. Baier did not think the business has a permit or license to use the right-of-way. The City Attorney said no sidewalk currently exists in that location. Should the City install a sidewalk, the business would not be permitted to back trucks over it. She said other businesses may also make claim regarding diminution of their property. Mr. Baier noted this part of the Trail is unique because it is in an urban area and does not follow an abandoned rail line. The City Manager said Pinellas County's position is that the City chose the route through downtown Clearwater and should be responsible for any liability in that area. They feel they may have selected a different way. It was noted the City Commission addressed these concerns when they chose this route. It was suggested the County should be responsible for maintenance and the City responsible for liability. It was questioned why the portion of the Trail through Clearwater has been delayed. Mr. Baier said Pinellas County had to acquire some properties for the route. Additional research information will be obtained to determine potential liability on this portion of the Trail. City Manager Verbal Reports Restriping of Drew Street West from NE Cleveland to Ft. Harrison Avenue Engineering Director Rich Baier said FDOT (Florida Department of Transportation) is preparing design plans for a project for SR 590 (Drew Street) between NE Cleveland Street and Ft. Harrison Avenue. FDOT's safety study, completed as part of this project, revealed lane widths of less than 10 feet. The accident report on this segment of SR 590 shows a significant problem with side swipe accidents resulting from narrow lane widths. FDOT indicated the best solution to the problem without purchasing right-of-way is to convert the four-lane section from Alternate US 19 (N. Ft. Harrison Avenue) to NE Cleveland to three-lanes. One lane of traffic would flow in each direction with a continuous left turn in the center. FDOT's Traffic Department has studied this option and feels the three-lane section adequately will handle projected capacity for approximately 10 years. By then, a project will be in the work program to reconstruct Drew Street with funding for construction and right-of-way. Mr. Baier said he concurred with FDOT's decision and suggested extending the project one additional block to Osceola Avenue as the three-lane cross section west of Osceola Avenue would coincide with the proposed changes. Adamant opposition to the proposal was indicated. Another opinion was that the proposal was a good idea if the traffic flows as smoothly as it does on Cleveland Street East of Highland Avenue. It was felt traffic on Drew Street is different from traffic on Cleveland. Mr. Baier reported in 1994, 28 accidents occurred on the section of Drew Street being addressed. Twelve of the accidents (43%) related to turning vehicles, sideswipes, and rear end collisions. Thirty-three accidents occurred in 1993 with the same percentage related to the road's design. Mr. Baier said the proposed design would separate turning vehicles from through traffic. The turning-lane would provide a buffer between oncoming traffic. It was felt that 14,000 cars a day was too much for two lanes to handle. Mr. Baier noted the volume is similar to that on Cleveland Street downtown. It was suggested the proposal may prove to be an improvement to traffic on Drew Street. It was felt the State would not do anything for 10 years to improve the road if this minor change was made. It was felt the current road design is adequate. In answer to a question, the City Attorney noted the City has no liability regarding this matter as Drew Street is a State Road. The decision to make changes is up to the State. Consensus was the City Commission is neutral regarding this issue and changes are up to the State. Mr. Baier will draft a letter stating this position for the Mayor's signature. City board members - residency requirement Concerning Art Shand's letter indicating he had moved outside the City's limits, the City Attorney reported Mr. Shand cannot complete his term on the Design Review Board unless the relevant ordinance is changed. Consensus was not to change the ordinance. High Speed Rail The City Manager reported Hillsborough County Commissioner Ed Turanchik will make a presentation to the City Commission on January 18, 1996, regarding High-Speed Rail. Marina Building Lease Lev Doktorsky sent a letter December 7, 1995, requesting a change of his business in room #8 of the Marina building. He said the public had shown a lack of interest in his art gallery. He requested permission to serve clients "fancy" gourmet items such as packaged exotic teas, coffees, and other "designer" foods. He said he would not compete with the Marina restaurant. The City Manager said Harbormaster Bill Held had advised Mr. Doktorsky that his lease could not be changed due to a conflict with the restaurant. She noted Mr. Doktorsky was the only bidder for the dessert kiosk on the Marina's roof. It was noted the art gallery often is closed. It was felt that selling these items for off premise consumption should be permitted. The City Manager noted Mr. Doktorsky's proposed food services would be directly across from the current restaurant. It was felt that sales of packaged food items would not be competitive with the restaurant. The City Manager will advise Mr. Doktorsky that selling packaged food items for off premises consumption and coffee beans would be permitted. It was felt staff should be aggressive in finding a dessert stand tenant for the Marina roof. It was suggested that vendors at Pier 60 and Station Square Park be given the opportunity to bid. Concern was expressed one Station Square Park vendor has moved his operation onto the sidewalk. Legal Advertising - Beach Views Assistant City Clerk Sue Diana's December 21, 1995, memorandum indicated the City spent $16,299.69 in the Tampa Tribune and $11,478.52 in the Beach Views for legal advertising between December 14, 1994, and September 30, 1995. The difference in expenditures was due to affidavit charges, non-legal ads, publication schedules, time conflicts, failure to print an advertisement, Legal Department advertisements not placed, and the difference in size of column widths. It was felt that staff had followed City Commission direction regarding this issue. The error by Legal staff because of a prolonged absence was noted. Satisfaction that staff did their best was noted. US 19N at Drew Street Mr. Baier said FDOT is reviewing options regarding the US 19N and Drew Street interchange and will advise the City of their plans in mid-January. Construction may begin in 2000. Commission Discussion Items Direction re 50 Year Celebration for Philadelphia Phillies The Philadelphia Phillies will arrive in January 1996, for their 50th year of Spring training in Clearwater. Staff feels this longevity is significant and deserves special recognition. Staff recommends the City sponsor an "Official Dinner" and an event, "Clearwater Celebrates 50 Years of the Phillies," free to the public. The event, co-sponsored and organized by Clearwater Festivals, would be held on February 27, 1996, from 6:00 to 8:30 p.m. at the Harborview Center and include: 1) music; 2) strolling entertainment; 3) free ball park foods; 4) free Phillies souvenirs; 5) 10 players signing up to 200 autographs ($3 each with revenue equally distributed to the City's three Little League programs); 6) traditional speeches and recognition from City and Phillies officials; and 7) family activities. Senior Recreation Supervisor Terry Schmidt met with Phillies' representatives regarding the concept and date. The City is requested to allocate a maximum of $5,000 for these activities. Clearwater Festivals will solicit sponsors to cover costs. Should a short-fall occur, the City will be asked to contribute an amount not to exceed $5,000. Conversations were held with Bill Giles, Phillies President, and other Phillies personnel regarding the official dinner. It appears everyone enjoyed last year's informal dinner. It is recommended to hold this year's dinner at the Sailing Center and have it catered by "The Stuffed Mushroom." The event is scheduled for Monday, March 25, 1996, with social hour at 6:30 and dinner at 7:30 p.m. Invitees will include Phillies front office personnel, elected City officials and management staff, and officers of the Greater Clearwater Chamber of Commerce. A $2,000 budget was established. Preliminary discussions with the caterer indicate the menu would be similar to last year's and budgeted funds are sufficient. Approximately 50 people are expected to attend. It was questioned if the pennants displayed downtown will reflect the 50th anniversary. Parks & Recreation Director Ream Wilson said the Phillies pennants will be displayed. The pennants were designed to be used for more than one year. Mr. Wilson said the souvenirs will sport the Phillies' new logo. It was questioned if the City could make the event more exciting and the importance of keeping the Phillies Spring Training camp in Clearwater was noted. Mr. Wilson said Mr. Giles is happy with the large number of improvements the City has made to Carpenter Field and Jack Russell Stadium He said they are pleased with these two events and noted the team will be busy with the business of spring training. Mr. Schmidt said the Phillies proposed the planned events. It was noted community groups can back other events although they may not involve the team. The recommended placement of the City Seal in the Phillies' home stadium was questioned. Mr. Wilson said he would report on progress regarding that issue. It was suggested that the Seal be a permanent fixture in the Philadelphia stadium. In answer to a question, it was noted the Chamber of Commerce coordinates the opening day ceremony. One Caterer at Harborview Center Mich Sauers, President of GFS (Globe Facility Services), reviewed their philosophy regarding food and beverage service. He stressed the importance of quality, service reputation, profitability and asset management. He said the Harborview Center is a convention facility, not a civic center. Food service provides 35% of the facility's revenue. A cost is involved every time the facility is used, even if donated items are served. He said between 95% and 99% of the country's convention centers have contracted services run their catering departments. Contractors are held accountable for their product and level of service. He warned against setting a precedent that would be difficult to manage and recommended limiting free events to a small number. It was questioned if organizations would be able to provide their own caterers. Mr. Sauers said problems would occur regarding the management of the center's assets and the quality of the product served. GFS General Manager Barry Strafacci expressed concern regarding loss of control of the facility. He said an organization staff contracted for banquet production would be trained to use the Harborview Center. He recommended exceptions only in the case of special and unique events. Mr. Sauers said when open catering is allowed, contract issues often are not resolved until the last minute and communication between all involved parties generally suffers. Mr. Strafacci said two caterers using the kitchen facility simultaneously would be chaotic. It was noted quality food presentation and good food are critically important. Concern for charity needs was noted and a small number of exceptions was recommended. Concern was expressed an event, attracting between 600 and 700 people, may be lost if the facility cannot accommodate food donations. Mr. Strafacci said each request would be analyzed to determine what services would be needed and establish a cost per person. He said if a request is reasonable and within the established number of exceptions, GFS would try to accomplish it. It was noted an organization with this type of request should approach GFS. Mr. Strafacci indicated events with donated alcohol would be charged a specified amount per person for services required to serve the product. Mr. Sauers recommended contracting an exclusive caterer for the Harborview Center and limiting the number of exceptions to requiring the use of that caterer's services. It was suggested that no more than five exceptions be permitted annually. Mr. Strafacci said management will use common sense in choosing the exceptions. The City Manager recommended appeals to GFS decisions be first to the City management before the City Commission would be approached. Mr. Sauers reported he will issue a RFP (Request for Proposals) by January 5, 1996. Mr. Strafacci predicted the catering kitchen will be completed by April 1996. The consensus of the Commission was to contract one caterer to manage catering needs at the Harborview Center and to limit to five the number of events where exceptions would be made. Concern was expressed that Ruth Eckerd Hall allows multiple caterers. It was noted Ruth Eckerd Hall does not have a catering kitchen. Commissioner Thomas’ concern re Mayor’s 12/11/95 letter to Representative Gingrich Commissioner Thomas felt letters signed by the Mayor have the power of the City behind them and recommended the Mayor secure City Commission support before advocating a position. The Mayor said she followed City Commission direction regarding this matter and did not state in any letters she spoke for the Commission. It was felt that Commissioners should be able to express their opinions as elected officials. For lobbying purposes, Commissioner Thomas felt the title "Mayor" carries more weight than the title "Commissioner." It was suggested Mayor Garvey could use the title Mayor/Commissioner. The Mayor said she has the right to free speech and to use her title as Mayor when writing letters. Concern was expressed that no Commissioner could write a letter if Commissioner Thomas' position was adopted. It was suggested the Commission and Mayor make an effort to distinguish correspondence representing the Commission's view from personal opinions by using terms such as "my personal feelings," etc. Commissioner Thomas said the Mayor should not be able to write political letters. Concern was expressed that Commissioners should not lose their right to write letters because they are elected officials. Solid Waste Department discipline The City Manager referred to Commissioner Thomas' concerns regarding the City's drug testing program and noted the City's policy is very stringent. Employees are terminated if they test positive for controlled substance use. She said between 4% and 5% of the work force have tested positive but no Solid Waste employees have tested positive for drug use. Unlike private business, the City is constrained from random drug testing of all employees. Commissioner Thomas said he had met with the City Manager regarding the Solid Waste Department and concerns regarding drug testing procedures. He expressed concern supervisors know when testing will occur and may allow employees to go home to avoid testing positive. The City Manager indicated that rumor was based on allegations made by a single employee. She agreed employees may have been signaled inadvertently that random testing would occur. Staff investigated every allegation but no problems were uncovered. Commissioner Thomas recommended the City do all it can to be a drug free work place. He noted Solid Waste has a high number of worker's compensation claims and expressed concern they may be the result of illegal drug use. He said every employee who is injured should be tested immediately for illegal drug use. The City Attorney said the City is self-insured. The City follows guidelines outlined by the State permitting drug testing based on reasonable suspicion. Only certain employees can be tested randomly. The City can perform drug testing on accident victims only if reasonable suspicion exists. City employees are covered by the 4th amendment which protects them from search and seizure by the government. The City Attorney will issue a memorandum addressing this issue. Deputy City Manager Kathy Rice said staff believes the City has the most stringent drug testing policy allowed by law. Few employees have tested positive. In answer to a question, the City Manager said changes have been made administratively so employees are less likely to know when random drug testing will occur. The City Manager referred to the recent arrest of a Solid Waste employee. He was disciplined with a four-day suspension for leaving work without permission. Concern was expressed that the City Manager was not aware of his arrest. The City Manager said she was advised of the arrest but had not been aware when the employee returned to work. Ms. Rice said Solid Waste Director Robert Brumback advised the City Manager's office of the arrest while the City Manager was out. Concern was expressed time had elapsed between the time the employee returned to work and when the City Manager was aware of that happening. Mr. Brumback indicated a disciplinary investigation began when the employee returned to work. A four-day suspension was approved within seven days of his return. In answer to a question, he said employees are terminated if they are incarcerated more than 30 days. Ms. Rice said if anger and offensive behavior occur on the job, the employee will be evaluated. It was suggested that employees should be demoted if they are convicted of a crime. Ms. Rice said the City cannot always regulate employees' behavior off the job. Concern was expressed that an employee with a police record has a supervisory position. Clearwater Pass Bridge The City Manager referred to the newly completed bridge and indicated the State has not turned it over to the City. A reference was made to an optical illusion that looks like a flaw and it was questioned if the bridge was designed properly. Mr. Baier said the bridge could have been designed to look differently. It was suggested the City Engineer carefully review all plans for the proposed Memorial Causeway bridge. It was questioned if the speed limit on the Clearwater Pass Bridge can be increased. Mr. Baier recommended the speed limit remain at 30 mph. A video was aired with examples of dramatic bridge lighting in other cities. It was believed citizens support lighting the Clearwater Pass Bridge. It was noted some telephone calls indicated concern spending money for this purpose would be wasteful. Mr. Baier estimated lighting the Clearwater Pass Bridge could cost $250,000. He said the minimum expense would be $100,000. It was suggested to include this in a future CIP budget. It was felt that architectural lighting would beautify the City. The high cost of the proposed project was questioned. Mr. Baier said the expense is related to conduits and lights. It was recommended the project be placed in abeyance because the expense was not justified at this time. In answer to a question, Mr. Baier said lighting the structure was not considered during construction because the State does not fund dramatic lighting. The majority of the City Commission indicated they did not wish to move forward with this project. City General Fund Reserve The City Manager noted questions raised regarding the size of the City's reserve. She said the current reserve is approximately 17% of the General Fund. She referred to a recent article in the Beach Views and said she did not know the source of their figures. It was noted most of the budget once was based on the General Fund. User fees and other revenues now make up a significant part of the City's budget. It was questioned if the Commission policy regarding the reserve should be reviewed. The City Manager said the fund was established as a rainy day reserve to cover expenses should there be a shortfall in tax collection. It was noted a former City Commission had increased the reserve from 5% to 10%. It was suggested this issue be discussed during the budget process following the Spring election. The City Manager said she would not respond to the Beach Views' allegations. Harborview Center Pre-Grand Opening The City Manager said invitations have been sent for the pre-grand opening of the Harborview Center scheduled for January 12, 1996. A public Grand-Opening is scheduled for the afternoon of January 14, 1996. Other Commission Action Commissioner Johnson questioned how much of the Municipal Services complex was bonded. The City Manager indicated only the Police Department building was built with bond monies. Commissioner Johnson questioned the size of the incentive paid Hardaway Construction to finish the Clearwater Pass Bridge ahead of schedule. Assistant City Manager William Baker said they received $600,000, the maximum for which they qualified. It was noted the State, not the City, paid this bonus. Commissioner Johnson questioned if handicapped persons can park for free. The City Engineer will prepare a reply. The City Manager noted cars that designate the driver is handicapped do not have to pay metered parking but must pay for attendant parking. Commissioner Johnson questioned what steps residents can take to stop newspapers from being thrown into their yards. It was indicated residents can call the newspaper and request they stop delivery. The City Manager said staff received minimal response to a study regarding this issue indicating residents do not perceive it as a great problem. Concern was expressed that advertisements and newspapers thrown in yards often end up in the streets. Commissioner Johnson referred to David Grice's request for the City to close streets in the Plaza Park neighborhood. As it is not in the City's interest to do this, he opposed the request. It was noted some streets in that area are already closed. The City Manager said Mr. Grice's request to eliminate commercial traffic from the neighborhood would affect negatively the Parks & Recreation Department and a nearby commercial area. Staff will make certain that Mr. Grice is advised regarding why the City will not block commercial traffic. Commissioner Johnson questioned if the City has any responsibility regarding Time Warner's increase of cable rates. It was indicated the City has no say in the matter. Ms. Rice reported competition will occur soon without any action by the City. Commissioner Berfield commended Terry Schmidt and noted he had attracted participants in the recent Outback Bowl to Clearwater beach. Commissioner Berfield requested staff reply to a recent letter complaining about the terrible time visitors had on the Empress Cruise Line. Commissioner Berfield commended the Jolley Trolley staff for going out of their way to help a tourist and returning her lost purse intact. Commissioner Clark referred to a letter from the Paralyzed Veterans regarding the dock at the Sailing Center. The City Manager said the dock was built with a temporary permit. Staff will come back to the City Commission regarding a permanent permit. Commissioner Clark referred to a request for more aggressive enforcement of handicapped parking spaces. Staff will bring back something regarding this issue. Commissioner Thomas requested that the issue of registration of lobbyists be addressed at the January 16, 1996, Work Session. Mayor Garvey reported the "Saturday in the City" did not use all the money appropriated by the City for the events. She questioned if the remaining funds can be used for a third event. Consensus was for the City to help fund a third "Saturday in the City" as long as the City's total donation to the events does not exceed $10,000. Mayor Garvey referred to a request to start a farmer's market on Saturdays in front of City Hall. She will approach the Special Events committee regarding this issue. Mayor Garvey reported C-View TV will be seen on Channel 15 beginning January 4, 1996. Adjourn The Commission adjourned at 2:40 p.m.