01/18/2001
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CITY COMMISSION MEETING
CITY OF CLEARWATER
January 18, 2001
Present:
Brian J. Aungst
J. B. Johnson
Robert Clark
Ed Hart
F. David Hemerick
Mayor/Commissioner
Vice-M ayor /Com missioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Interim City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:03 p.m. at City Hall. The invocation
was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Certificate to winners of Neighborhood and Home Recognition Program
Awards were presented to the Harbor Oaks neighborhood and the following
homeowners: Jeff and Judy Mitchell, Allan DaDetto, the Dunn family, and Gary and Mary
Dworkin.
b) Eddie C. Moore Softball Complex named Florida ISA 2000 Complex of the Year
Parks and Recreation Director Kevin Dunbar presented the award.
c) Certificate of Appreciation to Walgreens (814 Cleveland) from Beautification Committee
Beautification Committee Chair Jean Stuart presented the certificate to store
manager Martin Stanek.
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d) United Way Cornerstone Contribution
Fire Lieutenant Larry Browett, City's United Way Chair, reviewed the United Way
Campaign for 2000. County Commissioner Calvin Harris accepted the City's Cornerstone
Contribution on behalf of the United Way.
e) Solid Waste Awards - to be rescheduled
f) CCHO Award to Bob Brumback
Jay Keyes, Clearwater Coalition of Homeowners Association, presented the award
to Bob Brumback of the City's Solid Waste Department. Mr. Brumback thanked the City's
management team, the Commission, and the CCHO.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
December 12, 2000, and the special meetings of December 4, 2000, December 11, 2000,
and December 19, 2000, as recorded and submitted in written summation by the City
Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aaenda
Ken Hess, Jackie Campnero, Jenny Harper, Danny Oat, and John Wiser expressed
concern regarding litter problems and requested the City consider a number of options such
as public education, signage, and penalties.
Anne Garris inquired if staff had performed due diligence on Mr. Mack of the Mack
Development Team as he had previously filed bankruptcy.
Steven Sarnoff supported Interim City Manager Bill Horne, saying Mr. Horne brings
integrity, honesty, and a new sense of fairness to the City. He said staff could be trusted.
Inge Tague expressed concern regarding litter, flooding, speeding, and unsafe
conditions in the Kapok Terrace neighborhood.
Early Sorensen expressed concern regarding Alligator Creek on the Penny for
Pinellas list. He said the Community Development Board would hear another case involving
the historic Bayview neighborhood next Tuesday. He said the Bayview property could be a
node for the Pinellas Trail and requested the Commission make some decisions regarding
development.
Jack Alvord expressed concern regarding due process.
Sheila Cole thanked the City for placing new banners on the beach entryway,
Mandalay, etc.
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Carl Wagenfohr expressed concern regarding alleged private negotiations taking place
regarding beach development. The Mayor said the Commission is always thoroughly
informed of meetings and pertinent information
Jim Ficken was in favor of surface parking and current roadways on the beach. He
requested the parking lot east of the small bridge remain beyond Spring Break.
PUBLIC HEARINGS
ITEM #8 - Public Hearinq - Declare surplus to City needs, Pennsylvania Sub., Lot 5; approve
5 year lease thereof to Head Start Child Development and Family Services, Inc. for $1 &
other valuable consideration, 2/1 /01-1/31/05, subject to terms and conditions stipulated
therein (PW)
In 1997, the City foreclosed liens encumbering the subject property for lot clearing
and structure demolition. On December 17, 1997, the City received a Certificate of Title to
the lot from the Clerk of Court. Prior to the City foreclosure, Head Start had been leasing
the lot from the former owner as a playground for its James Sanderlin Head Start Center
next door at 920 Palmetto Street. Head Start continued paying $50 monthly rent to the
property's former owner until recently becoming aware the lot was City-owned.
Head Start is requesting the City lease the organization the vacant fenced lot to
again accommodate the approximately 45 children in the Sanderlin preschool programs.
The five-year lease for the nominal rent of $1 would commence on February 1, 2001, and
terminate on January 31, 2005. The lease provides Head Start with the option of
renewing the lease for additional 5-year terms consistent with the City Charter, providing it
is not in default of any lease provisions. Terms and conditions of the subject lease
essentially mirror Head Start's long-standing lease of City property for another preschool
location at 701 North Missouri Avenue.
OHC Environmental Engineering performed a Phase I - Transaction Screen Audit of
the subject lot on November 9, 2000, and reported no evidence of site contamination that
would require further investigation. The Connelly Insurance Agency has already provided a
Certificate of Insurance to the City meeting lease requirements. The coverage becomes
effective January 1, 2001, upon lease commencement. The City may terminate this lease
upon default by Head Start or by giving sixty day written notice to Head Start should the
lot be required for other municipal purposes.
Commissioner Clark moved to declare surplus to City needs, Pennsylvania Sub., Lot
5; approve a 5 year lease thereof to Head Start Child Development and Family Services,
Inc. for $1 & other valuable consideration, from February 1, 2001 through January 31 ,
2005, subject to terms and conditions stipulated therein. The motion was duly seconded
and carried unanimously.
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ITEM #9 - Public Hearino & First ReadinQ Ords. #6642-01, #6643-01 & #6644-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Low & LMDR Zoning, 2217 S. Lagoon Circle, Clearwater Manor,
Lot 162 (John & Cathie Shaw) (PLD)
The site is located at 2217 South Lagoon Circle, on the south side of South Lagoon
Circle, approximately 230 feet east of Belcher Road. The purpose of the annexation is to
enable the applicants to receive City sewer service. The current use of the property is
single family residential and the site is approximately 0.14 acres in size. The property will
be served by the City's sanitary sewer service. The property owners are aware of the need
and cost to extend the sanitary sewer line to their property. The Planning Department
determined the proposed annexation is consistent with the following standards specified in
the Community Development Code: 1) The proposed annexation will not adversely impact
public facilities and their level of service; 2) the proposed annexation is consistent with the
City's Comprehensive Plan, the Countywide Plan, and the Community Development Code;
and 3) the proposed annexation is contiguous to existing municipal boundaries, represents
a logical extension of the boundaries and does not create an enclave. This annexation will
require a review by the Pinellas Planning Council. Following approval of the Pinellas County
charter amendment in a referendum election on November 7, 2000, the Pinellas Planning
Council is now authorized by Ordinance #00-63, Section 7( 1-3) to review all voluntary
annexation including those previously executed through valid agreement.
The Planning Department determined the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the
Community Development Code: 1) The proposed land use plan amendment and rezoning
applications are consistent with the Comprehensive Plan; 2) the potential range of uses and
the specific proposed use are compatible with the surrounding area; 3) sufficient public
facilities are available to serve the property; and 4) the applications will not adversely
impact the natural environment. Pursuant to the Interlocal Agreement with Pinellas
County, review by the Pinellas Planning Council will not be required for the plan
amendment. The Community Development Board reviewed these applications at their
public hearing meeting of December 12, 2000, and unanimously recommended approval of
all applications.
Commissioner Hart moved to approve the applicant's request for annexation, Land
Use Plan Amendment from County Residential Low to City Residential Low and Zoning
Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low
Medium Density Residential (LMDR) Zoning District for 2217 South Lagoon Circle (Lot 162,
Clearwater manor Subdivision). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6642-01 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6642-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
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The City Attorney presented Ordinance #6643-01for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6643-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
The City Attorney presented Ordinance #6644-01 for first reading and read it by title
only. Commissioner Hart moved to pass Ordinance #6644-01 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #10- Public Hearinq - Amendments to City's Fiscal Year 2000-2001 Consolidated
Action Plan, CDBG Program, and HOME Investment Partnership Program (PLD)
On July 15, 2000, the Commission approved the FY 2000-01 Consolidated Action
Plan. The Action Plan detailed the proposed use of funding allocated through the
Community Development Block Grant and HOME Investment Partnership Programs during
the 2000-2001 fiscal year. The plan also shows the subrecipients who were awarded
funding and the amount of the award.
As with most yearly budgets, amendments are sometimes required to reflect
unforeseen needs. This amendment is warranted to increase the City's efforts to provide
additional economic development opportunities to businesses and low and moderate
income individuals. The proposed amendments including the following: 1) Reduce the
City's Rehabilitation Program budget by $35,000; 2) create and fund a new program (City
of Clearwater Economic Redevelopment Strategy) in the amount of $35,000 as a match
with the Economic Development Administration to conduct a planning study of North
Greenwood; 3) reduce the amount allocated to Clearwater Neighborhood Housing Services,
Inc. for economic development by $60,000; and 4) create and fund a loan loss reserve for
Clearwater Neighborhood Housing Services, Inc., in the amount of $60,000 for economic
development loans made in the City with funding through the Small Business Program.
Commissioner Johnson moved to approve the proposed amendments to the City's
FY 2000-2001 Consolidated Action Plan, the Community Development Block Grant
Program, and the HOME Investment Partnership Program. The motion was duly seconded
and carried unanimously.
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ITEM #11 - Public Hearinq & First Readinq Ord. #6678-01 - Amending Development Order
for Park Place Development of Regional Impact (DR!) for property located between Gulf to
Bay Blvd. north to Drew St. and extending from US19 Frontage Road to Hampton Road
located in Sec. 17-29-16 (Park Place Land, Ltd.)(PLD)
The Park Place Development of Regional Impact (DR!) was originally approved by the
City on September 1, 1983. The DRI encompasses approximately 99 acres and a variety
of land uses including office, restaurants, light industrial, commercial, and multi-family
dwellings. Several amendments have been approved to this DRI to reflect changing land
uses, phasing, extension of the build-out date, and adding a conversion factor among
different uses. The proposed amendment requests three changes to the current
development order for the site: 1) Reduce the approved amount in the entire project for
retail and office space (retail/commercial land use reduced by 68,880 square feet; office
land use reduced by 234,041 square feet); 2) approve a land use conversion factor on
Parcel 6 only to allow conversion from the approved office use to either multifamily and/or
hotel; and 3) extend the build-out date for the project by three years to December 31,
2003. The Park Place DRI is completely built out with the exception of Parcel 6 located in
the southeast portion of the DRI. This amendment would allow development alternatives
for this parcel as well as provide for three years to complete the construction. Currently,
the approved development potential for Parcel 6 is 100,000 square feet of office. With the
approval of the land use conversion factor, Parcel 6 may be developed with any
combination of office, multi-family and/or hotel within the maximum potential using the
conversion factor.
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The Planning Department has determined the proposed change is consistent with
the following standards specified in the Community Development Code: 1) The proposed
amendment is consistent with the Comprehensive Plan; 2) the proposed amendment is
consistent with the Countywide Plan; 3) the proposed amendment is consistent with the
Tampa Bay Regional Planning Council's review and recommendations; and 4) the proposed
amendment is consistent with the State Comprehensive Plan.
The Tampa Bay Regional Planning Council has reviewed this application and
determined that the requested amendments do not constitute a substantial deviation from
the original approval. Therefore, no additional review or new or revised conditions are
required for this application. The Community Development Board reviewed this application
at their December 12, 2000, public hearing and recommended approval.
Commissioner Hart moved to approve the Notice of Proposed Change for Park Place
Development of Regional Impact for property located between Gulf-to-Bay Boulevard north
to Drew Street and extending from the U.S. Highway 19 Frontage Road to Hampton Road
(a portion of Section 17, Township 29 South, Range 16 East, more particularly described in
the ordinance). The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6678-01 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6678-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #12 - Public HearinQ - PSTA request to amend the Clearwater Downtown
Redevelopment Plan from Low Density and Medium/High Residential Districts to
Public/Government Category re 100 N. Greenwood Ave. to allow construction of a bus
terminal (PLD)
Pinellas County Transit Authority (PST A) has requested an amendment to the
Clearwater Downtown Redevelopment Plan to allow the construction of a bus terminal.
The proposed location is on a block of approximately 3.4 acres bounded by Greenwood
Avenue on the east, Booth Avenue on the west, Grove Avenue on the north, and Laura
Street on the south. PST A proposes this bus terminal to replace the existing terminal
located at the northwest corner of Pierce Street and Garden Avenue. A bus terminal is
defined as a public transportation facility that requires a Public/Government use category in
the Redevelopment Plan. The Greenwood Avenue site is currently designated as Low and
Medium/High residential categories and therefore does not permit the development of a bus
terminal.
The Redevelopment Plan was adopted in 1995 and established five districts of the
redevelopment area, designated land use categories for all property within the
redevelopment area, proposed catalyst projects to leverage private investment and
prescribed five general goals for downtown redevelopment. The proposed bus terminal
location is inconsistent with all of these major elements of the Redevelopment Plan.
The Planning Department finds the proposed amendment is inconsistent with the
Redevelopment Plan for the following major reasons: 1) The proposed location is central to
an existing and planned residential neighborhood and a bus terminal will intrude into this
neighborhood with its traffic, noise, pollution, and expected secondary impacts such as
crime; 2) should a bus terminal be located on the proposed site, the characteristics of the
terminal will discourage new residential development and eliminate a major residential block
from redevelopment. There is a townhouse project under construction within a block from
the proposed site and the proposed Balk townhouse development around the town pond is
located two blocks to the south. Introducing a commercial use with negative operational
characteristics is inconsistent with this residential area; 3) the proposed location is not
conveniently located for major employers and their customers and will likely result in a
longer walk for passengers or additional transfers. In addition, the distant peripheral
location does not promote the expanded use of transit for new customers and does not
encourage the linkages between downtown, the beach, and other parts of the City. The
ability to link downtown activities and downtown parking for transfer to the beach is
eliminated through this distant location; and 4) the Redevelopment Plan anticipates public
investment to leverage private investment. While PST A proposes a new terminal and a co-
location with Greyhound Bus Lines, the choice of location creates more disincentives than
the positive circumstances of the new facility.
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The Community Development Board (CDB) heard this request at their public hearing
of October 17, 2000. There was substantial public testimony by residents and property
owners in opposition to the proposed amendment. There were no speakers in favor of the
proposal. Reasons for the opposition to the terminal included the potential decline in
property values, a decline in the quality of life for residents, the noise and pollution and
their effect on the children at a nearby school, the potential crime associated with the
terminal in close proximity to residents, and inconsistency of the proposed use with the
Redevelopment Plan. The CDB unanimously recommended denial of the proposed
amendment. In a related action at the same meeting, the CDB reviewed the flexible site
plan for the terminal and denied the site plan application. The PST A has requested an
appeal of the site plan denial that will be heard by a hearing officer hired through the
Department of Administrative Hearings.
The Community Redevelopment Agency reviewed this amendment at their meetings
of November 13, 2000, and January 16, 2001, and recommends denial.
Commissioner Clark announced a conflict of interest and recused himself from
discussion.
Representatives of PST A were not present.
Eight persons spoke in opposition of the application.
Commissioner Hart moved to deny PSTA's request to amend the Clearwater
Downtown Redevelopment Plan from Low Density and Medium/High Residential Density
Categories to Public/Government Category at 100 North Greenwood Avenue to allow the
construction of a bus terminal. The motion was duly seconded and upon the vote being
taken, Commissioners Hart, Hemerick, and Mayor Aungst voted Aye; Commissioner
Johnson voted Nay and Commissioner Clark abstained. Motion carried.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ord. #6611-00 - Amending Sec. 33.067 (3) to designate "Slow Down -
Minimum Wake Zone" to entrance of Clearwater Harbor, from Marina Channel light No.1 0
through Marina Channel day beacon No. 11
The City Attorney presented Ordinance #6611-00 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6611-00 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hemerick, and Aungst
"Nays":
Hart.
Motion carried.
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ITEM #14 - (Cont. at 12/12/00) Ord. #6631-00 - Annexation (& redefining boundary lines
of City to include said addition), 107 & 111 McMullen Booth Rd, Sec. 16-29-16, M&B
21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramella)
AND
ITEM #15 - (Cont. at 12/12/00) Ord. #6632-00 - Land Use Plan Amendment to
Residential/Office Limited, 107 & 111 McMullen Booth Rd, Sec. 16-29-16, M&B 21.04 &
21.05 (Thomas Kelly & Michael A. Ciaramella)
AND
ITEM #16 - (Cont. at 12/12/00) Ord. #6633-00 - Office Zoning, 107 & 111 McMullen
Booth Rd, Sec. 16-29-16, M&B 21.04 & 21.05 (Thomas Kelly & Michael A. Ciaramella)
Commissioner Johnson moved to continue Items #14, #15, and #16. The motion
was duly seconded and carried unanimously.
ITEM #17 - Ord. #6675-01 - authorizing Revenue Bonds for a Spring Training Facility
The City Attorney presented Ordinance #6675-00 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6675-00 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst
"Nays":
None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-33) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and voting on the item individually.
ITEM #18 - Approval of Purchases & Declaration of Surplus per Purchasinq Memorandum:
1) Sun City Sod and Landscaping, sod delivery & installation, 1/19/01-1/31/02, est.
$48,000 (PR)
2) Wesco Turf Inc., one Taro Reelmaster 5400-0 five gang mower with attachments,
replacement, $27,236.40; financing to be provided under City's Master Lease-Purchase
Agreement (GS)
3) Communications Int'l Inc., 800 MHz radio system maintenance, 4/1/01-3/31/02,
$100,284 (GS)
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4) Kaiser Pontiac-Buick GMC Inc., seven 2001 GMC Sonoma compact pickup trucks,
replacements, $92,996.25; financing to be provided under City's Master lease-Purchase
Agreement (GS)
5) E.K. Phelps & Co., Flygt pumps & spare parts, 1/19/01-1/31/02, $195,000 (PW)
6) Mansfield Oil Company, diesel fuel & unleaded gasoline, 1/19/01-12/15/01, est.
$950,000 (GS)
7) Tampa Armature Works Inc., electric motor rewind & repair (replace numerous small
dollar purchase orders), 1-19-01-1/31/02, est. $50,000 (PW)
8) Bill Heard Chevrolet, one 2001 Chevrolet 15 passenger van, replacement, $21,230;
financing to be provided under City's Master Lease-Purchase Agreement (GS)
9) Bill Heard Chevrolet, four 2001 - 1500 %ton pickup trucks, replacements, $66,772;
financing to be provided under City's Master Lease-Purchase Agreement (GS)
10) Superior Auto Centers, Inc. d/b/a Goodyear Clearwater, passenger car & light truck tire,
1/19/01-1/31/02, est. $200,000 (GS)
11) Miller Bearings Inc., 2nd & Final extension, bearings & associated items, 1/19/01-
1/31/02, est. $50,000 (PW)
12) Southern Sewer Equipment, one 2001 Sterling cab & chassis with vac-con sewer
cleaner body, $175,000; financing to be provided under City's Master Lease-Purchase
Agreement (GS)
13) Xerox Corporation, increase award ($51,000) to add 2 additional digital copy
machines; extend contract from 9/30/05 to 2/28/06, $267,000 (IT)
14) Declare surplus to city needs various vehicles/equipment (46 items); authorize disposal
through sale at Tampa Machinery Auction or transfer to Solid Waste
ITEM #19 - Approve fundin!:! for Fiscal Year 2000-2001 in the amount of $100,000 for
African-American leadership Council, Inc. to continue providing youth & family services in
North Greenwood Community pursuant to 5 year grant agreement executed on 11/23/99
(HM)
ITEM #20 - Approve short list of, Mercer Group, DMG Maximus, Slavin Management
Consultants and Bennett Associates, to be considered for conducting a City Manager
search; set 2/6/01 at 9:00 a.m. as date to interview firms; authorize appropriation of
$30,000 from retained earnings of General Fund to provide funding for the contract for
these services (HR)
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ITEM #21 - Extend existinq contract with Nextel Corporation, 2nd Phase incorporating
approx. 350 existing City radio users for total of approx. 700 users, est. $110,000 (IT)
ITEM #22 - Approve short-term Librarv Interlocal AQreement to continue cooperative library
services to 7/10/01 (LIB)
ITEM #23 - Approve acceptance of Fiscal Year 2000-2001 Byrne State and Local Law
Enforcement Grant, in the amount of $78,500, from Florida Department of Law
Enforcement (PO)
ITEM #24 - Approve position increase for Police Department by 1.4 FTEs to staff Police
Aides at Clearwater Airpark (PO)
ITEM #25 - Endorse & Support Clearwater Arts! Foundation's development of a Clearwater
Cultural Needs Assessment and Plan (PR)
ITEM #26 - Permit Clearwater Marine Aquarium to display the "Tour of Turtles" public art
project within City (PR)
ITEM #27 - Contract to Rowland Inc., sanitary sewer manhole rehabilitation at various
locations throughout City, $500,000 (PW)
ITEM #28 - Contract to Azurix North America Underqround Infrastructure. Inc. (formerly
Madsen-Barr/Philip Utilities Management Corporation, Inc.), sanitary sewer line
rehabilitation at various locations throughout City, $500,000 (PW)
ITEM #29 - Approve ChanQe Order #1 to North Greenwood Stormwater Retrofit Project
with Parsons Engineering Science Inc., increasing contract by $72,306.85 for new total
$330,778.76 (PW)
ITEM #30 - Approve Chanqe Order #3 to Gateway to Clearwater Beach Project with David
Nelson Construction Company, increasing contract by $49,298.88 for new total
$7,576,392.74 (PW)
ITEM #31 - Approve initiating a Neighborhood Conservation Overlay District for Coachman
Ridge neighborhood and appointing a 7 member study committee (PLO)
ITEM #32 - 2001 State Leqislative Packaqe (CLK)
ITEM #33 - Change 3/12/01 Worksession to 3/19/01 and 3/15/01 Commission Meeting to
3/22/01
Commissioner Johnson moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
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OTHER ITEMS ON CITY MANAGER REPORT
ITEM #34 - Approve AQreement with Ervin's All-American Youth Club. Inc., 10/1 /00-
9/30/01, for club to provide community services in North Greenwood Community with
associated grant of $50,000 (HM)
Ervin's All-American Youth Club, Inc. (Agency) has been providing youth services in
the North Greenwood Community for many years. The City has supported the Agency
over the past several years by providing funding and various in-kind services. The Agency
agrees to provide the following services: 1) Tutoring and Homework Club; 2) performing
arts; and 3) Academy of Entrepreneurship. The Agency will be required to provide an
annual report of activities consisting of the number of clients served, a detailed end-of-
program financial report, and the most recent independent financial audit, results of
programmatic measurable goals, and commentary on the viability, effectiveness, and trends
affecting the program and success of same. The City will provide a grant of $50,000 to
fund these services. Funding for this grant in the amount of $50,000 is included in the FY
2000/01 Human Relations Department budget.
Human Relations Director Eleanor Breland responded to questions posed at
Monday's Work Session. The reason the Juvenile Welfare Board (JWB) denied funds to the
Youth Club was because the Club did not meet JWB's minimum service levels, provided
inadequate file documentation, experienced an ongoing deficiency regarding updating fiscal
policies and procedures, did not secure bond coverage, and experienced problems with
repayment of an advance in funds.
A video regarding the Club's efforts was shown.
E. Ajamu Babalola, Ervin's All-American Youth Club, said the situation regarding
JWB is unfortunate, but Ervin's All-American Youth Club's track records speaks for itself.
The Agency always tried to set a good example and positively impact others. He
requested the City's continued support.
One citizen spoke in support.
It was remarked that a number of people have contacted the Commission regarding
this Agency. It was requested staff continue to monitor programs to ensure efforts are not
being duplicated.
Commissioner Hart moved to approve a one-year agreement, October 1, 2000 -
September 30, 2001, between the City and Ervin's All-American Youth Club, Inc., for the
Agency to provide community services in the North Greenwood Community with an
associated grant of $50,000. The motion was duly seconded and carried unanimously.
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ITEM #35 - Request for forgiveness of principal & interest on 6 Lot Clearing Liens re
property located at 1173 NE Cleveland Street, Bassadena Sub., Blk D, Lot 15 & EY2 of Lot
16 (JAM Properties, Inc. / John McGuire}{OS)
The subject site is located at 1173 Northeast Cleveland Street. The new
owner/representative of the property, Mr. John McGuire, is requesting forgiveness of the
principal and all of the interest on 6 lot clearing liens which have been placed on it, for a
current assessment amount of $2,367.77 (as of November 6, 2000).
This property was posted 6 times for lot clearing violations, beginning on August
23, 1995, through August 12, 1998. The previous owner did not clean up the site. The
result was the City's lot mowing contractor was retained and paid to clear the property of
overgrown grass, weeds, or similar plant materials and debris. Any costs the City incurs
on a project like this one are billed to the property owner, and if not paid in a timely
manner, result in placing a lien against the property. Since costs involved were not paid by
the property owner, 6 liens on the property remain unpaid. The assessment due directly
reflects the costs that have been incurred plus interest for non-payment.
The new owner has kept the property well maintained and is asking for a reduction
in the liens affixed. He was aware of these costs at the time of purchase and placed
money into escrow. The owner then approached past City officials to ask for a lien
reduction and believed that it was going to occur through that representation. Past City
administrators were in favor of the request, as they wanted to encourage economic
development and reinvestment in the community. Legally, the only way these liens can be
reduced is through Commission authorization.
On December 13, 2000, this item was heard by the Municipal Code Enforcement
Board. Their recommendation was to eliminate the $367.77 in interest, and not reduce the
liens below $2,000.
Staff recommends eliminating the lot clearing liens in their entirety for this property,
as was recommended by previous City administrators to the applicant, with an
understanding that current staff will prepare detailed criteria to address the necessary
applicant(s) requirements for future development incentives relating to lien reduction
requests.
In response to a question, the City Attorney said the applicant was told by prior
administration, that prior to purchase, the liens would be forgiven. The Interim City
Manager reported the former City Manager had confirmed that promise was made.
Commissioner Johnson moved to forgive the principal and interest of 6 lot clearing
liens on property at 1173 Northeast Cleveland Street (Legal description: Bassadena
Subdivision, Block D, Lot 15 and East Y2 of Lot 16); Owner: JAM Properties, Inc. The
motion was duly seconded and carried unanimously.
It was noted that the City is not setting a precedent regarding such cases.
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The meeting recessed from 7:43 to 7:57 p.m.
ITEM #36 - Public Input - Beach bv Desiqn and Development Proposals (PLD)
Interim City Manager Bill Horne said this item provides the public another
opportunity to make public comment. Staff is requesting feedback/comments from the
Commission regarding Beach by Design amendments and further guidance as to how to
proceed with negotiations with the developers.
Nine persons spoke in favor of moving forward with Beach by Design and
negotiating with the developers. Six persons spoke expressing concern regarding the
timing of the approvals, closed meetings between staff and the developers, offering extra
density to newcomers, added density/new construction on barrier islands, and needing to
start redevelopment in the Eastshore area prior to redeveloping the Yacht basin. Two
realtors working with David Mack indicated the proposal would increase the tax base and
that additional properties had been acquired in the project area.
The meeting recessed from 8: 11 to 8: 13 p.m.
Planning Director Ralph Stone explained the resort bonus pool. He said Charlie
Siemon, Siemon and Larsen, has proposed to create for 5 years a limited pool of units to
create the size development that will create a spin-off for redevelopment.
In response to a question, Mr. Stone said the unit pool does not create permanent
density to the beach. The Public Works department is letting a contract to assess
roadways and other impacts associated with development at the beach.
In response to a question, the City Attorney said the quasi-judicial process is
conducted in front of the Commission and appropriate notices are given. Staff discussions
concern issues that are within staff's purview.
Mr. Stone reviewed amendments to the Beach by Design document. Language was
added that addresses retaining the scale of development for Clearwater beach. Hamden
and Coronado are good potential locations for parking garages. The bonus pool was
adjusted from 400 to 600 units. A number of issues address strengthening the pedestrian
connection between the beachwalk and Clearwater Pass, how the beach is connected to
downtown, and mass transit to provide incentive to people to get out of their cars. In
response to a question, Mr. Stone said the document limits intense development to
between the Clearwater Hotel and the Clearwater Hilton and between South Gulfview and
Coronado. The Yacht Basin was added as an optional location in the context of a
developer being able to completely redevelop the entire Eastshore area. He said the
document incorrectly states there will 4 lanes on Mandalay going northbound, as the
intention is to restrict Mandalay to 2 lanes. Mr. Stone said the option of vacating Hamden
is subject to analysis and conditioned on that scenario showing no negative impacts. He
said there are no plans to develop a CRA on the beach. A plan will be submitted to the
PPC and the Board of County Commissioners regarding a specialty plan or community
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redevelopment strategy instead. It has not been determined if towers over 100 feet within
200 feet of each other will be permitted. Mr. Stone said Mr. Siemon's alternative
opportunity is to have 4 towers within an 800-foot distance, but as they rise above 100
feed, the combination of towers cannot exceed 40%. The document eliminates
Washingtonian Palms, as their extreme heights require high maintenance. In response to a
question, Mr. Stone said the cap in the land use category was increased from 28 to 30
units to remain consistent with the County. He said the Countywide and City rules were
amended within the last 6 months to accommodate the TDR (Transfer of Density Rights)
system. In order to engage it, the City must adopt the Beach by Design document and
present it to the County. It was remarked that 2 days ago, the PPC voted not to allow the
City to permit the second building for Cheezum until coming forward with the Beach by
Design plan first.
It was remarked that the Beach by Design document is a work in progress.
Comments were made in favor of the document, acknowledging that some projects and
partnerships are yet to be finalized. Staff was commended for their efforts on the
document. It was felt the plans in the document are in the City's best interests.
Kimpton Project
It was remarked that the hotel is responsible to fill the parking spaces in the parking
garage. If the hotel meets capacity, there would be ample parking remaining for public use.
In response to a question, Mr. Stone said the rates for parking garages are under
discussion. It was felt the Kimpton project would benefit the City and staff should make
immediate plans to move the project forward. It was requested that staff provide specific
definitions where the developer's financial responsibility for improvements starts and stops.
Markopolous Project
It was felt that this project is in its early stages and staff should continue to monitor
this project. It was felt if the City abandons the right-of-way on Gulfview, it should receive
something valuable in return. More details and negotiations are needed regarding this
project.
Mack Project
Concern was expressed regarding the developer being able to hold onto numerous
properties for a three-year period in order to successfully complete this project. It was felt
that this developer's carrot of parking garages is less than desired, as the City could build
its own garages. It was felt that the Yacht Basin would be developed by other interested
parties in the future, and that project developers need to provide the City with additional
incentives to move this project forward. It was felt that preference should be given to the
boardwalk during Phase One of the project. It was felt that the timing of all 3 projects is to
be determined.
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It was remarked that no secret meetings are being held between staff and
developers. In a public meeting, the Commission had directed staff how to handle
negotiations with developers. Numerous public meetings have been held to allow the
public input on all three projects.
Mr. Horne said at the December Commission meeting, the Commission directed
staff to negotiate with developers on behalf of the Commission. Staff's task was to inform
the Commission on an individual basis after each negotiating session. Administration
identified a staff team consisting of senior managers, the City Attorney, the Planning
Director, the Economic Development Director/Assistant City Manager, and Charlie Siemon.
The Finance Director, the Interim City Manager, and the Public Works Administrator
formed a group referred to as the Development Team to support the Negotiating Team and
the Commission to ensure both teams were prepared and supported in the negotiation
process. The Development Team met a few times to receive updates from the Negotiating
Team. Normal procedure has been followed throughout the process.
It was remarked that an enormous amount of effort from staff goes into ensuring
that the Commission is provided with pertinent information and updates. It was felt that
everyone wants the quality of life in Clearwater improved and everyone of these projects
would present an asset to the beach.
ITEM #37 - Approve allocation of $2.2 million of unrestricted retained earnings of Central
Insurance Fund to Harborview Center Fund to eliminate cash deficit and interfund loans
anticipated as outstanding at year-end 9/30/01 (BU)
The Harborview Center Fund was established in Fiscal Year 1994 to capture the
operating revenues and associated expenditures of operating the City's combined retail,
restaurant, and convention center facility known as the Harborview Center. The
Harborview Center fund has operated at a net loss since it's inception. The cash deficit of
the Fund has grown by $200,000 to $300,000 annually, and the total cash deficit now
stands at approximately $1,822,660 based upon unaudited figures for the year ended
September 30, 2000. Last year's annual operating deficit net of depreciation was
$266,786. By the end of this fiscal year, the total cash deficit will be approximately $2.1
million. In addition, the Harborview Fund has outstanding an "advance" from the Special
Development Fund in the amount of $86,291, which generates interest expense in the
amount of $5,500 annually. Eliminating the deficit cash position and the outstanding
internal loan will save the Fund approximately $106,000 of interest expense on an annual
basis. The status of all operating fund reserves was discussed during the Commission
budget workshops of this past year, and at that time, staff suggested reserving a portion
of the unallocated reserves of the Central Insurance Fund for this purpose.
Staff is recommending that $2.2 million be allocated from the Central Insurance
Fund at first quarter to "pay off" the total of the estimated cash deficit in the Harborview
Fund at year-end 2000/01 and the outstanding internal loan noted above. This will bring
the Harborview back into a positive cash position.
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In addition, the City Manager is recommending that the annual cash deficit,
estimated at approximately $200,000 be budgeted on an annual basis as a contribution
from the General Fund starting in fiscal year 2001/02 in order to avoid this situation in the
future.
It was remarked that the Harborview will probably never make a profit, but the City
also has substantial contributions to other such entities such as the Long Center, Ruth
Eckerd Hall, and the Jolley Trolley.
Commissioner Johnson moved to approve the allocation of $2.2 million of the
unrestricted retaining earnings of the Central Insurance Fund to the Harborview Center
Fund to eliminate the cash deficit and interfund loans anticipated at outstanding at year-end
September 30, 2001, and that the appropriate officials be authorized to execute same.
The motion was duly seconded.
One person spoke in opposition and one said he felt staff and the current
Commission have done their best to improve the situation.
Upon the vote being taken, Commissioners Johnson, Clark, and Hemerick and
Mayor Aungst voted "aye"; Commissioner Hart voted "nay". Motion carried.
David Nadeau and the entire staff of Harborview were acknowledged and thanked
for efforts to make the Harborview a success.
ITEM #38 - First ReadinQ Ord. #6638-01 - Relating to Security Alarm Systems; amending
Sec. 5.46 to increase service charge for False Alarms, to clarify procedures for reinstating
a revoked permit, and to modify exception for newly installed systems; amending Sec.
5.61 to change the title, to require an alarm user that purchases a business or residence
having an existing alarm system to obtain a new permit, and to make a violation of the
section a Class IV offense (PO)
For the last ten years, the City has imposed a service charge of $30 against an
alarm user for each false alarm at the alarm user's home or business. Because the Police
Department's cost to enforce and administer the ordinance has increased, the service
charge needs to be increased to $50. The alarm ordinance makes it unlawful for a person
to operate an alarm system without an alarm permit or after the permit has been revoked.
The amendments will increase the violation from a Class V offense to a Class IV offense,
increase the minimum fine from $35 to $60.
Commissioner Hart moved to increase the service charge for false alarms and to
clarify the procedures for reinstating a revoked permit. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6638-01 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6638-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hemerick, and Aungst.
"Nays":
None.
Absent:
Hart.
ITEM #39 - First ReadinCl Ord. #6679-01 - Relating to Special Events; amending various
Sections in Ch. 22, as recommended by City's Special Events Committee (PR)
The purpose of the amendments is to clarify areas where confusion has occurred
and to formalize procedures for processing Special Events applications. Once this
ordinance is adopted, the recommended Special Events Procedure Manual will be
implemented.
Commissioner Clark moved to approve amendments to the Special Events code.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6679-01 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6679-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #40 - Update re field naminCl riClhts for Joe Di MaC/Clio Field
Rob Resler, Long Center Executive Director, thanked Parks and Recreation Director
Kevin Dunbar and his staff. He said the Long Center has agreed to naming rights being
relinquished to the City and to the Philadelphia Phillies to support construction of a spring
training facility with no compensation to the Long Center. He said the only caveat is that
the Joe DiMaggio name continue to be associated and prominently displayed at the site.
Should the site not be chosen as the site for spring training, the Long Center will retain
naming rights.
ITEM #41 - First ReadinCl Ord. #6693-01 - Relating to use of privately owned vehicles for
official city business; amending Sec. 2.328 to set reimbursement rate for same in
accordance with Internal Revenue Service Standards (FN)
Currently, the City uses the mileage reimbursement rate set by the State. The rate
is currently $.29 per mile and has not changed in at least the past ten years. The costs to
operate a vehicle have continued to increase in that time period. In particular, the cost of
fuel has dramatically increased. City employees who drive their personal vehicle for work-
related activities have a significant cost that is only partially reimbursed by the City.
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Staff is proposing the State set mileage rate be replaced with the IRS Standard
Mileage rate. This rate is $.345 per mile as of January 1, 2001. That rate is adjusted
periodically by the IRS to reflect actual changes in the cost of operating a vehicle. The
mileage change will have minimal impact upon the current budget because personal vehicle
mileage is a very small component of the total travel budget.
Commissioner Johnson moved to approve the mileage rate reimbursement of
privately owned vehicles used for official travel, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and upon the vote being
taken, Commissioners Johnson, Hemerick, and Mayor Aungst voted "Aye"; Commissioner
Hart voted "Nay"; Commissioner Clark was absent. Motion carried.
The City Attorney presented Ordinance #6693-01 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6693-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Hemerick, and Aungst.
"Nays":
Hart.
Absent:
Clark.
Motion carried.
ITEM #42 - Res. #01-01 - establishing intent to reimburse certain project costs incurred
with proceeds of future tax-exempt financing (re stadium facility)(FN)
This City has been pursuing agreements with the State, Pinellas County, and the
Phillies to provide for the funding and construction of a stadium facility to be used for
Spring Training and other events. This facility constitutes a "Tourism Facility" as defined in
Section 159.27( 11), Florida statutes, and this project is included within the definition of an
industrial development project set forth in Section 159.27(5), Florida Statutes. In addition,
this project constitutes a "project for industrial development" within the meaning of Article
IX of the City's Charter. It is anticipated that this facility will be funded in part through the
issuance of revenue bonds pledging payments that are to be received from Pinellas County
and from the State. These payments are specifically for this project. No funds or property
of the City will be pledged to the repayment of the bonds or pledged to secure them. The
bonds will be secured solely by, and repayable solely from, the payments received from
Pinellas County and the State, neither of which would otherwise be payable to the City in
the event the City did not undertake this project. It is anticipated that the City will be
issuing bonds in 2001 to finance this facility. The City will be incurring expenses on this
project prior to the issuance of the bonds. This reimbursement resolution will allow for the
City to be reimbursed from the bond proceeds.
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Commissioner Hart moved to approve the establishment of the intent to reimburse
certain stadium facility project costs incurred with proceeds of future tax-exempt financing,
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Resolution #01-01 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #01-01. The motion was duly
seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #43 - First Readinq Ord. #6677-01 - Amending Sec. 2.481 of Code and Sec. 1.6 of
Money Purchase Pension Plan Document to include severance pay in the definition of
compensation under the Plan (HR)
When the Money Purchase Pension Plan document was originally enacted in 1997,
it did not include severance pay in its description of compensation. Additionally, while the
definition of compensation for other Plan members included "regular salaries and wages,
bonuses, overtime pay, holiday time, and accrued vacation", the definition for the City
Manager's compensation only stated "annual base salary". The employment agreement
contracts that are offered to these employees include a section on "Termination and
Severance Pay". In this section, aggregate salary for the purposes of determining
severance pay includes "base compensation and deferred compensation". The amended
language will bring the Ordinance and Plan document into alignment with the provisions of
the employment agreement contracts and will establish a standard definition of
compensation for all participants in the Money Purchase Pension Plan. The elimination of
the different definitions will allow the two sections to be combined into one.
In response to a question, Mr. O'Rourke said the purpose of this amendment is to
ensure employment contracts and the City pension plans are consistent with respect to
severance pay and compensation.
Commissioner Clark moved to amend the City Code of Ordinance and amend the
City of Clearwater Money Purchase Pension Plan document to provide for the inclusion of
severance pay in the definition of "compensation" in Section 1.6(a), and to expand the
definition of "compensation" in Section 1.6(b) for the City Manager to include regular
salaries and wages, bonuses, overtime pay, holiday time, accrued vacation and severance
pay, ,and to combined these two sections into one section. The motion was duly
seconded and upon the vote being taken, Commissioners Johnson, Clark, Hemerick, and
Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay". Motion carried.
The City Attorney presented Ordinance #6677-01 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6677-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
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"Ayes":
Johnson, Clark, Hemerick, and Aungst.
"Nays": Hart.
Motion carried.
ITEM #44 - Library Board - 3 appointments (ClK)
Commissioner Johnson moved to reappoint Howard Adler, Glenn Garte, and appoint
Frederick Dunn. The motion was duly seconded and carried unanimously.
ITEM #45 - Parks and Recreation Board - 1 appointment (ClK)
Commissioner Clark moved to appoint Jonathan Wade. The motion was duly
seconded and carried unanimously.
ITEM #46 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #47 - First Readinq Ord. #6687-01 - Relating to Telecommunications Franchises;
amending Art. II, Sec. 32.032, eliminating authority of City to grant a franchise to a
telecommunications company
The City Attorney presented Ordinance #6687-01 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6687-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes":
Johnson, Clark, Hart, Hemerick, and Aungst.
"Nays":
None.
ITEM #48 - Other City Attorney Items
a) Agreement settling Wings v. City
The underlying civil action was brought by Wings, Inc., the owners/operators of a
beach merchandise store on Poinsettia Avenue on Clearwater beach. The basis of the suit
is three-folds: 1) a claim of inverse condemnation arising from the closing of Wings' direct
driveway access onto Pier 60 Drive; 2) the triggering of an old reverter clause in a deed in
the City's chain of title to right-of-way, which would cause title to the property to revert to
the adjoining property owners; and 3) violation of Wings' common law right of direct
access. The settlement agreement provides that: 1) Wings will be allowed direct access
from Pier 60 Drive by modifying an existing leg of the "roundabout". The modification will
involve widening the access point and construction of a driveway into the Wings parking
lot. The City will bear the costs of construction south of the north boundary of the
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sidewalk (estimated at $10,210.68), and Wings will bear all costs of construction north of
the north boundary of the sidewalk estimated at $32,917.23); 2) The City will monitor
traffic volume into Wings through this access and have the right to terminate access if the
volume exceeds a predetermined level; 3) the case will be dismissed with prejudice; and 4)
the City will pay $25,000 to Wings. Providing access from Pier 60 Drive into Wings'
parking lot by means of the existing leg is not predicted to have a detrimental impact on
the operation of the "roundabout". The settlement of this case will avoid exposure to a
potential damage award that would include business damages and diminution of property
value.
Assistant City Attorney Dick Hull said this is the only chance to settle before next
Tuesday's scheduled court date regarding some of Wing's motions. He explained how
staff arrived at the settlement figures and said it is based on Wings' sales and possible loss
of income. The City will monitor the traffic coming from Wings' property onto the
roundabout. If traffic counts exceed a specific number, the City has the right to close the
access. Mr. Hull noted that the City is not paying business damages. In response to a
question, Ms. Akin said the cut-out on the roundabout to accommodate Wings will be an
entrance only, not an exit, and will use the existing stub.
Commissioner Clark moved to approve the negotiated agreement settling Wings v.
City of Clearwater, Case No. 9904150-CI-15. The motion was duly seconded and upon
the vote being taken, Mayor Aungst and Commissioners Johnson, Clark, and Hemerick
voted "aye"; Commissioner Hart voted "nay". Motion carried.
The City Attorney said the City received a judgment from the Supreme Court
validating the roundabout bond issue.
ITEM #49 - Citv ManaQer Verbal Reoorts - None.
ITEM #50 - Commission Discussion Items
a) Commission Member attendance at staff meetings
Concern was expressed regarding public comments made about secret meetings
being held throughout the City. It was remarked that such remarks impugn the City
Attorney and the City Manager and are completely false. It was remarked that the City
Manager has the authority to conduct staff meetings and other meetings as directed by the
Commission, and such meetings do not require public hearing notices, as they are a normal
part of his responsibilities as a City Manager, and justified in the City Charter.
Concern was also expressed that one Commissioner had hired outside counsel
regarding this matter after the City Attorney had given her opinion. The Commissioner said
he did not hire outside counsel, but merely asked for a friend's opinion on the subject. He
said he only wanted to be able to attend a staff meeting, as he sometimes prefers more
information than other Commissioners. Concern was expressed that the outside counsel
the Commissioner used is currently being used by the City and should not have rendered an
opinion. It was remarked that the firm has expressed remorse over the incident.
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Discussion ensued and consensus was for the City to continue to employ the subject firm
until the development agreement with the Phillies is completed, at which time consideration
would be given to their future employment.
Commissioner Johnson moved that consistent with the provision of the City Charter
and past practice, a Commissioner may observe operations of the City, such as Police
department ride-a-Iongs, touring Fire facilities, Solid Waste, Public Works, Gas operations
and Wastewater Treatment Plants, or any other department, however, no Commissioner
may attend staff meetings without prior authorization of the Commission.
Discussed ensued and it was suggested consulting with another attorney, and
raising issues via e-mail was not the appropriate way to address concerns. It was
remarked that numerous Commission workshops are held to discuss and address City
matters. In response to a question, the City Attorney said if a Commissioner is attending a
staff meeting and another Commissioner shows up, one would have to leave, or the
meeting would have to be canceled. The Charter states the Commission may make
inquires and observe operations. The City Attorney said observance of meetings is
addressed in the Charter and is an issue of interpretation. Individual Commissioners are not
empowered to act individually. There are a number of limitations and prohibitions in the
Charter, one of which is direct dealings with staff. The City Manager also has a list of
powers and duties, and there is a need to ensure each one's powers do not impinge on the
other's. It may be helpful to have a discussion to review the roles and responsibilities of
the Commission, the City Manager, and the City Attorney's responsibilities. Clearwater's
form of government is regulated by the City Charter.
It was remarked that further research into the matter is needed before a motion can
be made.
The motion died due to the lack of a second.
ITEM #51 - Other Commission Action
Commissioner Clark was greatly disturbed about the Economic Development
Manager position being advertised as a Department Director and that the Commission was
not consulted first. He felt it should be kept at the Assistant City Manager level.
Commissioner Hart said the Economic Development Manager position's job function
should be determined prior to recruiting for the position. Staff indicated the ad was
inadvertently released prior to discussion with the Commission.
ITEM #52 - Adiournment - 11 :32 p.m.
ATTEST: 0~~. ~
City Clerk
mcc0101 23
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G ADDRESS
320 Island Way #603
CITY
Clearwater, FL
DATE ON WHICH VOTE OCCURRED
1/18/01
FORM 8B. MEMORANPU.M OF VOTING CONFLI.CT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMl1TEE
Clearwater Cit C rom'
THE BOARD, COUNCIL, COMMISSION, AUTHORI1Y OR COMMITTEE ON
wmCH i SERVE IS A UNIT OF: .
~ CITY [J COUNTY [J OTHER LOCAL AGENCY
NAME OF POUTICAL SUBDIVISION:
COUNTY
Pinellas
~ ELECTIVE
[J APPOINTIVE
WHO MUST FILE FORM 88
This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
this form before completing the reverse side and filing the form.
.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
II' h inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
neasure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(i ding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or
loss of a relative; or to the special private gain or loss of a business associate, Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pro-
hibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-
in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on
a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-.
~ers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the-
I decision, whether orally or in writing and whether made by you or at your direction.
IF 'yOU I~J'END TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
V~ WILL BE TAKEN: . . . .. . . '. -.-.-. ;fl
~ must c0mplete and file this form (before making any attempt to influence the decision) with the person responsibliffor, r
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form must be provided immediately to the other members of the agency.
· '!'he form must be read publicly at the next meeting after the form is filed.
OVer
CE FORM 88 - REV. 1/95
PAGE 1
, . ~ ; ~ -, ' . - - ,'.
r'.YOO MA:KE ~O ATrEMPf TO INFLUENCE THE DECISION EXCEPl' BY DISCUSS!ON AT'rIlE MEETING:
_"You'must disclose orally the nature of your conflict in the measure before participating.
You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the .
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the form must be read publicly at the next meeting after the fonn is filed.
, DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Robert K. Clark
. hereby disclose that on
January 18
,){S 2001:
\ (a) A measure came or will come before my agency which (check one)
~ inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
,f1,(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
, which
. Commission Me~ting, Item #12
Public Hearing - PSTA request to amend Clearwater Downtown Redevelopment Plan from Low
Density and Medium/High Residential Districts to Public/Government Categore regarding
100 N. Greenwood Avenue to allow construction of a bus terminal.'
.
f
I '~:cl \ -i2J -Ol
,
\1)ate Filed
~~
Signature
1:- ;;;jU "
r,': UNDER PROvt3IONS OF FLORIDA STATUTES ~112.317, A EtILURE TO MAKE ANYREQ~RlE4l):D:ns.', "~"
,S.ONSTITUTES:'(tn~OUNDS FOR AND ,MAY BE PUNIS}IED ~BY ONE'Q~,MOREOP.'THE1FOL'J!,(j),W1'.,;
I. CHMENT, REMBvAL OR SUSPENSIONF:aOM OFFICE OR EMPLO~,DEMdTi5N;\lmDutTloN INN
''SAtARY,iREPRIMAND, OR A CIVIL PENALTY Ne>T TO EXCEED $10,000.
"':'?~'" -~, ,,'..
!.CE fORM 8B - REV, 1/95
PArJeig;