05/12/2003
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
May 12, 2003
Present: Brian J. Aungst
Hoyt P. Hamilton
Whitney Gray
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner - departed 3:27 p.m.
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 1 :00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Service Awards
Six service awards were presented to City employees.
The City Commission recessed from 1 :05 to 1 :58 p.m. to meet as the CRA (Community
Redevelopment Agency) and Pension Trustees:
PRESENTATIONS
The City Manager recognized Environmental Manager Terry Finch and Ted Keyes and
Marilyn Jackson of HDR Engineering for their efforts at the Friendly Village of Kapok in
transferring the mobile home park into a stormwater project. The exceptional team completed
the 24-month project to relocate residents in 12 months, saving the City more than $10,000,
and benefiting the relocated residents, who forwarded accolades to the City regarding the
team's efforts. The park's large cat population also was relocated successfully.
FY (Fiscal Year) 2002 Comprehensive Annual Financial Report (CAFR) Presentation
Tammy Evans, Manager of Grant Thorton, reviewed the City's 2002 CAFR
(Comprehensive Annual Financial Report) and her firm's required communication regarding the
audit. Regarding City finances, the audit found no issues or problems, no internal control
deficiencies, and no material weaknesses. She complimented and thanked staff for their
cooperation. The City Manager congratulated Finance Director Margie Simmons and her staff
for doing a superb job.
Commission Work Session 2003-05-12 1
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PUR PURCHASING
Approval of Purchases per Purchasina Memo:
1) Sper Chemical, Clearwater, FL - copper corrosion control during period 7/14/03 through
7/31/06, including equipment and supplies for $500,000 (PU/Water)
2) American Water Services Underground Infrastructure, Clearwater, FL - storm pipe
rehabilitation at Franklin St. and Garden Ave. for $63,356.25 (PW/Eng)
In response to a question regarding Item 1, Public Utilities Director Andy Neff said the
project will coat the inside of City pipes to protect the City's water and wastewater systems from
excess copper, which can leach from copper piping inside residences.
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
Approve the prOQram to the FY 2002/03 Consolidated Action Plan to reprogram $269,600 in
Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
program funds to activities that conform to the City's Five-Year Consolidated Planning
Document.
This program amendment will move funds from projects and activities that originally
were funded in this and prior fiscal years. These funds will be reprogrammed from Economic
Development and Rehabilitation projects, where the City had additional program income over
actual expenditures, and from the City's Housing Pool, where the City has allocated HOME
Investment Partnership funds, to CSF (Community Service Foundation), which has not
identified a project yet, plus from HOME funds that the City had allocated for New Rental
Construction. This amendment also will allow staff to expend City CDBG (Community
Development Block Grant) funds in a more expedient manner in order to meet expenditure and
timeliness deadlines.
Partners in Self-Sufficiency and CHIP (Clearwater Homeless Intervention Program)
received allocations during the FY (Fiscal Year) 2002/03 funding cycle. Partners in Self-
Sufficiency has requested an additional $25,000 to assist with the rehabilitation of the office
they recently purchased using CDBG funds. CHIP has requested $300,000 in additional funds,
of which the City will allocate $155,000 in HOME funds to assist with the acquisition and
development of property to allow CHIP to construct a transitional housing facility adjacent to
their current facility, and $50,000 towards the acquisition of property for their operations.
The amendment also allocates $39,600 to the North Greenwood Community Health
Resource Center to provide medical services to the North Greenwood community.
In response to a question, Assistant Housing Director Howie Carroll said if the CDB
(Community Development Board) denies the zoning change required for the CHIP project,
these funds would be withdrawn. The funds would be available, however, for CHIP to acquire
other buildings for transitional housing.
Commission Work Session 2003-05-12 2
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FN FINANCE
Approve concepts reqardinq travel reimbursement and direct staff to prepare ordinance and
policy including these concepts.
City travel currently is governed by Section 2.321 - 2.332 of the City's Code of
Ordinances. Section 2.325 refers to Florida Statutes 112.061 (6) when determining the
amounts to reimburse the traveler for meals: 1) $3 - breakfast; 2) $6 - lunch; and 3) $12 -
dinner, for a total of $21 per day. These rates have not been changed in 22 years and are not
sufficient to reimburse travelers for incurred expenses.
A State AG (Auditor General) opinion from 1974 stated a municipality may, pursuant to
the Municipal Home Rule Powers Act, enact per diem and travel allowances that vary from
Florida Statute 112.061. However, a 2003 AG opinion reverses that opinion and states while a
municipality may legislate on the subject of per diem and subsistence allowances for
governmental travelers, the rates established by 112.061 may not be exceeded. Currently,
legislation in process would permit the City to prescribe its own rates, however, appropriate
legislation must be passed prior to the City enacting its own rates in excess of rates stated in
Florida Statutes 112.061.
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Based upon surveys over the last couple of years, other cities have used a variety of
methods to reimburse travels: 1) 7% pay actual expenses; 2) 27% use State amounts; 3) 33%
use Travel Index; and 4) 33% use other rate. For cities that chose their own rate, daily rates
range from $34 to $46. The State rate is $21/day. The City currently allows travelers to add
15% tip to each meal amount, allowing reimbursement of $3.45 for breakfast, $6.90 for lunch
and $13.80 for dinner. In addition, the traveler may request reimbursement for reasonable tips
for baggage carriers and hotel maids.
Staff recommends, if given permission through legislation, that the City adopt rates used
by federal government travelers, based on rates issued and updated by the GSA (General
Services Administration). These rates are location specific and are updated annually. Another
index, Runzheimers, requires a subscription. GSA rates are free and readily available on the
Internet.
GSA rates for M&IE (meals and incidental expenses) are meant to include meals, taxes,
and tips for meals, baggage carriers, hotel maids, etc. Current rate amounts and breakdown
for breakfast, lunch, dinner, and incidentals are:
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M&IE $30 $34 $38 $42 $46 $50
Breakfast 6 7 8 9 9 10
Lunch 6 7 8 9 11 12
Dinner 16 18 20 22 24 26
Incidentals 2 2 2 2 2 2
City Unlisted Amarillo, Salt Lake Atlanta, Denver, New York,
example Cities Tacoma, City, Raleigh, Hilton San Fran,
Cody, Cocoa Columbia, Head, Philadelphia,
Bradenton Beach, Daytona Dallas, Washington,
Pensacola Tallahassee Beach Orlando DC
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The City would continue to reimburse the actual expense for lodging, transportation,
tolls, parking, and business related communications. Staff recommends the ability to pay up to
$2.50 per night for telephone calls home. The traveler would continue to be responsible to only
incur expenses necessary for the performance of official business. Excess costs would be the
responsibility of the traveler. Mileage currently is paid at the IRS rate of $0.36/mile. Staff would
continue to use that rate which is adjusted annually.
In response to a question, Finance Director Margie Simmons said cities not listed by the
GSA are reimbursed at the daily $30 M&IE rate. She said requiring staff to submit receipts
would be too cumbersome. Staff attending conferences should not submit costs for meals that
are included in the registration.
PR PARKS AND RECREATION
Provide direction to the staff for final desion elements for Glen Oaks Storm Water Manaoement
Proiect.
This project is the highest ranked capital project for the Stevenson Creek Watershed
Plan. Approximately 30 citizens expressed their opinions at the August 29, 2002 public meeting
at the Glen Oaks Golf Course. Some concerns related to multi-purpose field lights and noise
from soccer activity on the multi-purpose fields.
On October 2,2002, the City Commission authorized Parson Engineering Services, Inc.,
to provide engineering design and permitting services for the Glen Oaks Storm Water
Management Project. The Commission instructed staff, when drawings were 30% complete, to
hold one more public meetings to illustrate the project's recreation elements. Approximately 50
citizens attended the March 5, 2003 meeting held at St. Cecilia's School to display the 30%
construction drawings. Resident concerns continued regarding multi-purpose fields, noise,
lights, traffic/offsite parking, undesirable activity generated from soccer use, and if additional
multi-purpose fields are needed to serve City residents. According to Outdoor Recreation in
Florida - 2000, the statewide comprehensive outdoor recreation plan, the City would meet the
minimum standard upon completion of this project. Based on input received at three public
meetings, staff recommends changes/conditions to the project's recreation elements: 1) Curfew
for multi-purpose field lighting to be 9:00 PM. (Most City facilities are 11 :00 p.m.); 2) Provide
parking for 170 cars. Typical parking standards for athletic fields are 60 cars per field; and 3)
Relocate restroom and playground by parking area to mitigate the need to park on the street.
If one or more multi-purpose fields is removed from the plan, staff would recommend
removing all recreation elements from the project site for reasons: 1) Removal of eastern most
field would leave only one field. That is currently what exists at the David Martin Field site,
which was renovated a little more than one year ago at a cost of approximately $100,000 and
maintains the existing inventory of multi-purpose fields. 2) Reducing the active play elements of
the park by removing the multi-purpose fields would create an environment consistent with
Crest Lake Park before recent renovations occurred. This type of facility would attract
undesirable, illegal, and possibly immoral activity. Active elements bring citizens into the park,
one of the best deterrents against inappropriate behavior. 3) Utilize the recreation element
budget for other recreation needs in the City.
In response to a question, Parks & Recreation Director Kevin Dunbar said signs
announcing Thursday night's meeting have been erected in the neighborhood and a notice of
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the meeting has been mailed to residents within a 500-foot radius of the park. In response to a
request, City Engineer Mike Quillen will report if any trees or tree stands in the park are of
specimen quality. It was recommended staff save a substantial live oak tree in the middle of
the planned parking lot.
Approve aoreement between the Pinellas Countv School Board and the Citv of Clearwater for a
term from 6/11/03 throuoh 6/10/04 for the City to utilize Pinellas County school buses at a cost
of $0.90 cents per mile plus $18.20 per hour, for a total estimated cost of $30,000.
The Recreation Programming Division of the Parks and Recreation Department
organizes field trips requiring bus transportation for participants. The Pinellas County School
System allows municipalities to utilize their fleet of buses and drivers for $0.90 per mile plus
$18.20 per hour for driver with a four-hour booking minimum.
During the summer of 2003, the Recreation Division will organize approximately 100
field trips that could utilize school bus transportation. Comparing a sampling cost of school
buses for these trips against the use of private bus lines indicates school buses are a less
costly mode of transportation, in most cases. Approval of this Agreement will provide staff
with a larger number of options when determining the most cost effective source of
transportation for participants.
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In response to a question, Mr. Dunbar said when school buses are not available, staff
uses buses from other vendors. It was suggested the City speak with Calvary Baptist Church
regarding use of their buses. Mr. Dunbar said their drivers would have to be used. Other
local municipalities use County school buses, which helps keep bus drivers employed
throughout the summer.
PD POLICE
Approve a donation to Clearwater Homeless Intervention Proiect. Inc. (CHIP) for funding of
operations in the amount of $100,000.
The CHIP (Clearwater Homeless Intervention Program) Shelter opened In April 1998,
and since that date has provided a safe overnight facility for homeless persons and essential
support services to help individuals and families begin to improve their lives.
The City of Clearwater donated the first $100,000 to CHIP in January 1998 and, at this
time, the police department is requesting that the City continue their contribution to the shelter
for operational funds, which still are needed and are essential to CHIP's successful operation.
Police Chief Sid Klein said during program year October 1, 2001 through September 30,
2002, overnight accommodations have been provided through the CHIP shelter to: 1) 954 adult
males (last year 801); 2) 313 adult females (last year 271); and 3) 55 children (last year 74).
The same individuals also participated in the CHIP program elements of: 1) counseling; 2) goal
planning; 3) employment; 4) budgeting; and 5) accepting responsibility for changes in their
lives.
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The emergency shelter's focus is on single individuals, however the 45 families (last
year 61) who were afforded temporary shelter at CHIP were moved into: 1) Family shelters; 2)
Transitional housing programs; 3) Section 8 or supportive housing, or 4) Reunited with family
and/or relocated to other parts of the country. For single individuals completing the shelter
Commission Work Session 2003-05-12 5
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programs, the success rate is 93%, Le., obtaining housing, and not returning to CHIP for a 12
month period.
The CHIP day center is open everyday and sees an average of 66 persons daily (last
year 46), and about 100 individuals daily during certain seasonal periods. This year, the
number of persons who utilized the services provided through the CHIP day center were: 1)
1870 adult males (last year 1411); 2) 505 adult females (last year 395); and 3) 29 children (last
year 20). The goal is to ensure that the homeless in the community: 1) Know where they can
meet with counselors; 2) Take care of immediate physical needs, and 3) Begin making life
changes to get off the streets. The day care may see the same homeless individual more than
once prior to the individual making choices and changes leading to self-sufficiency. During the
current fiscal year: 1) 719 (last year 500) new (not previously seen) homeless adult individuals
came through the CHIP day center doors.
In response to a question, Ed Brandt, Salvation Army Program Manager, said CHIP has
a positive outcome rate of 37%. The program does not count clients who move out of state as
having completed the program. In response to a question, Chief Klein said the Police
Department has budgeted these funds for the CHIP program since 1998.
PC PUBLIC COMMUNICATIONS
Public HearinQ and First Readinq - Ord. # 7118-03. amendinq the public. education. and
Qovernment access support payments from Verizon Media Ventures. Inc., cable television
franchise originally granted under Ord. # 6046-96.
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Mayor Aungst recused himself.
On June 20, 1996, the City adopted Ordinance #6046-96, granting a cable television
franchise to GTE Media Ventures Incorporated (currently known as Verizon Media Ventures), a
wholly owned subsidiary of GTE Corporation. The Ordinance granted the use of the City of
Clearwater rights-of-way for a term of ten years.
Appendix C of the Franchise Agreement requires Verizon to make annual payments in
support of PEG (Public, Educational, and Government) Access Programming. Section C of
Appendix C, provides that Verizon shall have the right to renegotiate with the City the amounts
and manner in which Verizon funds support for PEG after the fourth anniversary of the effective
date of the Franchise Ordinance if Verizon's actual number of Subscribers in the City after such
four-year period is below 12,500.
Since Verizon's actual number of subscribers is below the four-year threshold of 12,500,
on November 14, 2002, members of City staff met with representatives of Verizon to consider
re-negotiating the level of PEG support payments made. On December 20, 2002, the City
offered, and Verizon accepted, a reduced level of PEG support payments equivalent to the
PEG support provided by the Time Warner/Advance Newhouse Partnership Cable Franchise to
the City, currently $20,000.
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Through the first seven years of the franchise, the City received $525,000, of which
$225,000 was turned over in the first 4 years of the agreement to Time Warner for the provision
of public access services for Clearwater residents. The Public Communications Department
used the $300,000 balance for equipment purchases to upgrade the system.
Commission Work Session 2003-05-12 6
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In response to a question, Public Communications & Marketing Director Doug Matthews
said Verizon can challenge the contract because it includes public access. The City Attorney
said the original contract increased funding for public access, based on subscribership
numbers. The City must treat both Time Warner (Bright House Network) and Verizon cable
television franchises alike. Once Pinellas County took over public access, the City no longer
made contributions to Bright House Network (F.KA. Time Warner/Advance Newhouse
Partnership Cable Franchise) for public access. The proposed changes are consistent with the
Bright House contract. Verizon has requested a review of the contract. Most contributions
support public government and education programming.
In response to a question, the City Attorney said Verizon had triggered the renegotiation
based on its number of subscribers, which is less than 12,500. The City received a cash grant
from both providers this year and will use them to make the bulk of upgrades to C-View TV to
meet FCC (Federal Communications Commission) requirements for digital broadcast. Funds
are not used for staff or training. In response to a question, the City Attorney said Verizon
never attained 12,500 subscribers. Mr. Matthews said if Verizon is purchased, a new
agreement will be negotiated. As the cable contracts expire in 2006, the City will start
negotiations for new contracts in the next year or two. In response to a question, the City
Attorney said the City never provided public access. Assistant City Manager Garry Brumback
said the funds were used to keep the City's system as current as possible. The City Attorney
said during the first four years of the contract, most of the funds went to Time Warner. When
the County took over public access, all of the funds were used for government broadcasting.
Mr. Matthews said the City is upgrading its playback system.
. In response to a question, the City Attorney said under federal law, Verizon is entitled to
renegotiate its contract. She felt Verizon would accept the proposed amendments, as the
contract is similar to Bright House Network's contract.
SPW PUBLIC WORKS
Award a contract to The Bobcat Comoany of West Faroo. ND. for the ourchase of one New
328D Mini Excavator, at a cost of $24,626, in accordance with section 2.564 (1 )(d), Code of
Ordinances - DLA Federal Contract #SP0500-01-D-0086, and authorize lease purchase under
the City's Master Lease Purchase agreement.
This equipment is needed to excavate sewer lines in hard-to-reach areas such as rear
property easements and limited rights-of-way. Bobcat Company of West Fargo, ND, has the
federal contract under which the purchase shall be made. A mid-year budget amendment will
establish a new lease purchase project for the acquisition of the track hoe. The lease purchase
debt service will be funded through other debt service savings within the Wastewater Collection
System operating budget of the Water and Sewer Utility Fund.
Wastewater Collection Supervisor Neil Sickler said this one time purchase will allow staff
to effectively meet new EPA (Environmental Protection Agency) initiatives. The lease purchase
runs over a three-year period. The equipment will allow improved access to areas and save
money on rehabilitation expenses.
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Commission Work Session 2003-05-12 7
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Establish a Capital Improvement ProQram (CIP) proiect for Bio-Solids Treatment, to be funded
through budget savings in other projects and approve the Parsons Engineering Science Work
Order for Preliminary Engineering Services in the amount of $101,297.
This project provides for the upgrade of the digesters and associated equipment at the
Marshall Street and Northeast (NE) Advanced Wastewater Treatment Plants (AWTPs). The
digesters are vessels that contain microbes that "digest" solids wasted from the plants. This
need exists because: 1) the City will benefit from additional "digestion" of solids wasted from the
plants economically; 2) since more solids are generated early in the plant processes in an effort
to control copper, the digestion process needs to be improved to continue accomplishing this
requirement (current regulations are now being met for this requirement); and 3) anticipated
changes in land application of bio-solids being considered by FDEP (Florida Department of
Environmental Protection) (62-640 FAC) will require improved treatment of bio-solids for land
application.
The fundamental economics of solids handling at the AWTPs is reducing the amount of
solids transported by truck by more microbial digestion of the solids and removing as much
water as possible from the solids. This project is estimated to cost $4.508 million for both
AWTPs. Since this project was not considered in the last rate study, it will be funded from
savings from other projects already completed and reimbursements from the City of Safety
Harbor for the NE Improvements project. Mid-year amendments will transfer the budget and
revenues from these projects to fund the Bio-Solids Treatment project:
FY (Fiscal Year) 2002/03
343-96658 Northeast Improvements (bond)
315-96662 Digester Cleaning (sewer revenue)
343-96672 NE Carousel (bond)
315-96680 NE Influent Screening Compactor (sewer rev)
343-96683 WPC Master Plan II (bond)
TOTAL
$ 2,408,000
450,000 (close 315-96662)
315,600 (close 343-96672)
95,320 (close 315-96680)
960.000
$ 4,228,920
The balance of $279,080 will be transferred by budget amendment in FY2004 as
reimbursements are received from Safety Harbor for their share of costs for the Northeast
Improvements project. Per the Interlocal Agreement, the City of Safety Harbor's share of the
capital costs associated with the NE AWTP digester improvements is estimated at $497,000
(4/18.5s of the NE costs of $2.3M). The preliminary design will include alternatives for
improvements to the digesters and refine work proposed under the final design. The
preliminary design also will include development of layout, configuration and construction
requirements for potential centrifuge dewatering systems at Marshall Street and Northeast
plants. The portion of the cost of this Work Assignment for the preliminary design is $101,297.
Parsons Engineering Science is an Engineer of Record.
In response to a question, Water Pollution Control Superintendent John Milligan said the
payback on investment will occur in slightly more than 10 years.
Commission Work Session 2003-05-12 8
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Award a contract to Rockdale Pipeline. Inc. of Temple Terrace. Florida. for the Harbor Oaks
Reclaimed Water Distribution System (01-0054-UT) construction contract in the amount of
$3,488,357.40, which is the lowest responsible bid received in accordance with plans and
specifications.
This item is a continuation of the development of a reclaimed water transmission and
distribution system in the City. The purpose of this contract is to construct a reclaimed water
system expansion in the Harbor Oaks area to serve the residents and businesses with reclaimed
water for non-potable use. The project consists of approximately 7,900 linear feet of 16-inch and
12-inch transmission pipeline, and approximately 27,300 linear feet of 8-inch, 6-inch, and 4-inch
distribution pipeline. The construction contract time is 300 days. Construction is expected to start
in June 2003 and be complete by May 2004.
The scope of work requires the contractor to replace potable water service lines
throughout a portion of the project's limits of construction. This work would have been performed
as a portion of the 2003 Water Service Line Replacement Project. Combining this work in the
reclaimed water project will save the City from paying restoration costs under two separate
contracts.
Resolution 02-23 was passed on November 21,2002, establishing the City's intent to
reimburse certain project costs incurred with future tax-exempt financing. Projects identified
with 2004 revenue bonds as a funding source were included in the project list associated with
Resolution 02-23.
This project is being funded in part by a grant from SWFWMD (Southwest Florida Water
Management District). The Cooperative Funding Agreement between the City and SWFWMD
includes reimbursement of 50% of the cost of transmission and distribution facilities up to a
maximum of $1 ,297,630. The City is funding the balance of project costs of $2,190,727.40. The
final Engineer's estimate of construction on this project was $3,480,000.
The distribution pipeline construction on this project primarily will be installed by the
directional drill technique. This is being done to minimize the impact of construction on residents
in the project area. This project is consistent with the City of Clearwater's Updated Reclaimed
Water Master Plan. McKim & Creed, the engineering design consultant for this project and an
Engineer-of-Record for the City of Clearwater, has provided written recommendation to award the
construction contract to Rockdale Pipeline.
In response to a question, Mr. Quillen said the number of residences to be served has
been expanded from the original estimate and includes apartments at the former Sunshine Mall
site. An updated map of areas served by reclaimed water was requested.
Approve the Grant Award AQreement between the Florida Communities Trust and the City of
Clearwater for the Kapok Wetland and Floodplain Restoration Proiect for management of the
property.
The City Commission accepted funding in the amount of $3,500,000 and approved the
Conceptual Approval Agreement between the Florida Communities Trust and the City of
Clearwater for the Kapok Wetland and Floodplain Restoration Project on January 24,2002. On
June 20. 2002, the City Commission approved Addendum 1 to the Agreement to change the
acquisition of the Friendly Village of Kapok to fit the "preacquired" process, and on November
Commission Work Session 2003-05-12 9
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21, 2002 also approved Addendum 2 for a time extension to May 30, 2003 in order to allow
sufficient time to relocate all of the residents.
This Grant Award Agreement stipulates conditions for the development and
management of the property as proposed in the Management Plan for the Kapok Restoration
Project (June 2002) prepared by the City and approved by Florida Communities Trust. The City
will be required to perform an archaeological survey on the site prior to any construction. The
City must ensure that the future land use designation assigned to the site is designated to open
space, conservation, or outdoor recreation uses which will require a land use amendment. The
City also will be required to submit an annual stewardship report describing activities on the site
that further the commitments in the Management Plan; including the status of the actual
construction of the facility and, upon completion of construction, installation of a permanent
recognition sign, interpretive signage, and educational classes.
In response to a question, Mr. Quillen said no mangroves will be affected. Assistant
Engineering Director AI Carrier reviewed requirements of an archaeological survey. Mitigation
could be required, depending on survey findings. The site originally featured wetlands, which
were filled in by a developer.
CA LEGAL DEPARTMENT
Authorize settlement of Neiswander v. City of Clearwater, a due process case involving a
demolition under the Unsafe Building Abatement Code, in the amount of $25,000.
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This case involves demolition by the City of a structure on property located at 703
Pennsylvania Avenue North. Mr. and Mrs. Neiswander hold two mortgages on the property
totaling $33,500. Plaintiffs claimed that because they did not receive notice of the proposed
demolition, their constitutional due process rights were violated. The Code provides for such
notice, but also provides that failure to send notice to other than the record owner shall not
invalidate the demolition proceedings.
The Circuit Court denied the City's Motion for Summary Judgment and granted Plaintiffs'
Motion for Summary Judgment on the issue of liability, finding that Plaintiffs were deprived of
due process. If settlement did not occur, the case would be set for jury or non-jury trial. Total
damages claimed by Plaintiffs run in the $80,000 range.
To resolve this issue, the court ordered mediation to be held on April 23, 2003.
Attending for the City were Assistant City Attorney Leslie Dougall-Sides, Assistant City Manager
Ralph Stone, and Chief Building Official Kevin Garriott. Representatives of the parties agreed
upon settlement as follows: 1) City to pay Plaintiffs $25,000 contingent upon any necessary City
approvals; 2) payment to occur within thirty days of approvals; 3) Plaintiffs to dismiss their
lawsuit with prejudice; and 4) City to cancel demolition and lot clearing liens (these liens are not
enforceable against Plaintiffs since they postdate the mortgages). Staff recommends approval
of this settlement.
In response to a question, the City Attorney said staff has taken steps to make certain
procedures are followed correctly. The Legal Department will review each demolition before it
occurs,
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Commission Work Session 2003-05-12 10
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City Manager Verbal Reports
The City Manager reported Fred Thomas has offered to give the City the building known
as the Clearwater Train Station, with certain conditions, including relocating the structure. It
was stated the subject building is the last of five train stations that once were in Downtown
Clearwater. In that respect, the structure has historical significance. It was stated the building
needs substantial work to bring it back to its original form. It was estimated moving the
structure several blocks would cost approximately $35,000. It was stated the Historical Society
does not have a funding source to undertake the move.
It was felt Mr. Thomas' request that a decision be reached within 30 days is not
plausible. It was suggested Mr. Thomas could donate the structure to Heritage Village.
Concern was expressed Mr. Thomas' contribution to Downtown consists of his seeking to
defray expenses related to the structure by passing on the costs to the government. It was
requested staff review nearby City properties to determine if an appropriate site exists. In
response to a question, Development and Neighborhood Services Director Jeff Kronschnabl
estimated razing the structure would cost approximately $3,500. Staff will contact Heritage
Village regarding their interest in the proposal.
Commission Discussion Items
5-Cent Local Option Gas Tax (LOGT)
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The City Manager said County Administrator Steve Spratt is recommending a 5-cent
increase in the local option gas tax. It was stated a County Commissioner had indicated the
issue would not be considered before July 1, 2003, and would not be included in next year's
budget.
Budget Director Tina Wilson reported the current tax is split between the City and
County with the City receiving 25% and the County receiving 75%. The gas tax allows local
cities to share the cost of roads with visitors. She said concerns had been expressed an
increase to the local gas tax would discourage support of an extension of Penny for Pinellas
taxes. It was stated the Mayors Council plans to discuss the issue. The City Manager said if
the County wants to compete for federal dollars, it must show a willingness to use its maximum
local spending authority. The importance of discussing the allocation with the County was
stated. It was recommended the County report why supporting the increased tax is in the City's
interest. In response to a question, Ms. Wilson said the City uses 90% of its funds for traffic
calming, and the balance for intersection improvements.
Newspaper reportina
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The City Manager stated a local newspaper article has implied that use of the Consent
Agenda at City Commission meetings disenfranchises citizens from participating in discussions
of subject items. It was stated all Commission meetings are open and advertised and Consent
Agenda items can be pulled from the agenda and discussed. The City Manager reported other
municipalities use the Consent Agenda format. In response to a suggestion, City Clerk Cyndie
Goudeau said the CDB (Community Development Board) reviews each item on their Consent
Agenda because they have been advertised as a Public Hearing. Routine matters on the
Commission's Consent Agenda are not Public Hearing items.
Commission Work Session 2003-05-12 11
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Other Commission Action
Mavor Aunast questioned John Bryants letter related to the MPO's (Municipal Planning
Organization) mobility initiative. Commissioner Grav said Mr. Bryant was restating his position
and reaffirming his opinion regarding the governance issue. Commissioner Gray has been
appointed to a 6-person committee to review related information.
Commissioner Jonson expressed concern pending legislation would increase would
increase City court filing fees.
Commissioner Jonson said he had represented the City Commission at an award
presentation a week and a half ago at Veraphone Corporation.
Commissioner Jonson said he had attended the Tourism Week luncheon last Friday.
Adjourn
The meeting adjourned at 3:42 p.m.
Commission Work Session 2003-05-12 12