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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
December 1 , 2003
Present: Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 9:00 a.m. at City Hall
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
LIB LIBRARY
1. Approve increase to the North Greenwood Branch Library proiect budcet in the amount of
$10,235.06 to allow a final chance order to Anale & Schmid, Inc. to be issued and payment
made. (Consent)
This increase in the project budget will allow the final change order with Angle &
Schmid, Inc. to be issued. The scope of this final change order includes additional sod in the
retention pond area, upgrade to 600 amp service, materials testing, and additional
reinforcement for exterior walls.
Additional revenue from the Clearwater Library Foundation's capital campaign for the
North Greenwood Branch Library will offset this increase in the project budget.
In response to how much remains in the Foundation's capital campaign budget for this
project after this increase, Library Directory John Szabo said the actual project goal has been
exceeded. As additional gifts come in, they will be available for enhancements for the North
Greenwood Library.
PC PUBLIC COMMUNICATIONS
1. Adopt Resolution 03-41, approvina the transfer of Verizon Media Ventures Inc. Cable
Television Franchise to Knoloav of Florida Broadband, Inc. and authorize the appropriate
officials to execute same.
Mayor Aungst recused himself from discussion.
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On June 20, 1996, the City of Clearwater adopted Ordinance 6046-96, granting a cable
franchise to GTE Media Ventures, Inc., 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 (10) years.
On April 6, 2000, the City of Clearwater adopted resolution 00-13, granting a transfer of
control of the cable television franchise from GTE Media Ventures, Inc., to Verizon Media
Ventures, Inc. as part of the GTE Corporation - Bell Atlantic Corporation merger.
On July 22, 2003, Verizon Media Ventures submitted to the City of Clearwater FCC
Form 394, a request to transfer control of the cable television franchise to Knology of Florida
Broadband, Inc. Under the associated purchase agreement, Knology will assume control of the
franchise and all associated assets within the City of Clearwater.
Knology New Media, Inc. is an integrated service provider, offering cable television,
high-speed Internet, and local telephone service through a single connection. The company has
assets primarily in the Southeast - Alabama, Georgia, Tennessee, South Carolina and Florida.
The closest existing franchise is located in Panama City, Florida.
City staff from Public Communications, Legal, and Internal Audit have reviewed
documentation related to the transfer, and Public Communications staff have visited Knology's
headquarters to speak with company leaders and inspect the company's infrastructure. Knology
has assured staff that the company will comply with all provisions of the cable television
franchise agreement as adopted in Ordinance 6046-96.
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The asset purchase agreement and applicable FCC application documentation are
available for review in the Official Records and Legislative Services Department.
In response to a question, Felix Peccoochi, Vice President of Business Development for
Knology, Inc., said Knology Broadband filed a Chapter 11 reorganization in order to refinance
their debt. He said the parent company, Knology, Inc and their two subsidiaries are not in
bankruptcy. Mr. Peccoochi said the performance bond guarantees the performance of Knology
in the marketplace.
Concern was expressed regarding Knology's financial strength and their ability to
compete with Brighthouse Networks.
Public Communications Director Doug Matthews said staff visited Knology's facility and
performed an analysis of their operation. Staff feels comfortable with their focus and approach
to the market place. Mr. Peccoochi said Knology is in a positive cash flow situation. Knology
plans to upgrade their system with additional funding through an initial public offering of equity
securities. He detailed Knology's standing in the market and said the Verizon transfer is solely
to provide cable services from Knology.
In response to a question, Mr. Peccoochi said since their only Florida operation has been
in Panama City, the company did not spend advertising dollars in the Bay Area. He said
Knology has been ranked #1 and #2 by Internet Cable, a publication that surveys providers of
Internet servers across the country.
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It was remarked if this request is denied, Verizon may not continue to provide the quality
service required. In response to a question, Mr. Matthews said Knology is buying a healthy
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infrastructure. He felt the size of the company does not necessarily affect their ability to
compete in the marketplace. In response to a question, Ms. Akin said Clearwater would have a
performance bond from Knology. She said the County most likely will approve this request.
2. Approve a three-vear lease aareement with 10S Capital in the amount of $36.000.
(estimated) for Canon IR3200 hiah-speed color copier in accordance with State of Florida IT
Contract #250-000-03-01. (Consent)
The Graphic Communications Division of Public Communications provides over 50,000
color copies for City departments each year.
In 1999, the City of Clearwater approved the lease/purchase of a Xerox 5799 color
copier. In the last 12 months, Graphic Communications has spent $12,987.65 in repairs and
supplies for this copier, which has effectively outlived its productive usefulness as a high-
volume color reproduction machine.
The new IR3200 copier will provide a significant enhancement in productivity (35 PPM
versus 4 PPM), flexibility and reliability that is needed to maintain high standards of service for
client departments. It will also enable Graphic Communications to reduce the amount of "loss"
associated with color jobs going to outside vendors due to failures of the current equipment, or
the inability of current equipment to produce required jobs. This will increase the total number of
impressions produced, and decrease citywide expenditures for color copy services.
There is one year left on the existing lease purchase. Leasing a new color copier early
will eliminate escalating repair and equipment costs associated with the current copier. At the
end of FY 2004, the existing copier will be sold. The additional cost of this lease will be offset by
savings in repair and equipment, as well as increased volume.
The new copier is intended for use by internal departments and associated committees
and boards, and will be used solely to support these printing needs. It will not be used to
compete with local private printing companies.
In response to a question, Mr. Matthews said the new lease covers consumables. He
reviewed related costs. Staff will provide the Commission with information regarding how much
of the $12,987 was for repairs versus consumables.
PW PUBLIC WORKS
1. Public Hearina & First Readina Ordinance 7232-03 - Approve the applicant's reauest to
vacate the 60-foot riaht-of-wav of Allen Avenue from the southerlv extension of the west
propertv line of Lot 15. Block B. Ackers Subdivision to the westerlv riaht-of-wav line of McMullen
Booth Road (C.R. 611), subiect to the retention of a drainaae and utilitv easement over the full
width of the riaht-of-wav to be vacated and vacate the three foot utilitv easements Ivina alona
the rear lot lines of Lots 4 thru 15. inclusive. Block B. Ackers Subdivision. (A.K.A. 2730
McMullen Booth Road) N2003-11 Hupp/McMullen)
The subject property is proposed to be developed into a 19,560 square foot
medical/surgical office. Allen Avenue is presently unimproved and will be used as the primary
access into the property as well as a secondary access into the existing condominium project to
the south know as "The Vinings".
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The city presently has sewer and potable water facilities in Allen Street right-of-way. No
city utilities are existing in the 3-foot utility easements. Verizon, Verizon Media Ventures, Bright
House Cable, and Progress Energy have no objections to the vacations requested. Public
Works Administration has no objections to the vacations requested.
In response to a question, Assistant Director of Engineering Glenn Bahnick said Allen
Avenue is currently a dirt road. Once the 30 feet of right-of-way is dedicated to the medical
facility, the owners will work out an agreement regarding the remainder of the road.
2. Accept a 240 sauare foot sidewalk easement conveyed by First Church of Christ Scientist.
Clearwater. Florida. Inc.. for $1.00 and other consideration over and across the south 40 feet of
the west six feet of Lot 5. Block 3. A. C. Turners 3rd Addition. (Consent)
Sidewalks in the Harbor Oaks area are currently being repaired and replaced as
necessary as part of the City's 2003 sidewalk contract. Two mature oaks growing between the
curb and sidewalk on the east side of Bay Avenue just north of its intersection with West Turner
Street have uplifted and broken a portion of the existing sidewalk. The First Church of Christ
Scientist has granted the City a 6' X 40' easement over a portion of church property that will
allow reconstruction of the damaged sidewalk around the oak trees and away from their trunks
and root systems.
In consideration of the easement grant, construction crews will cut and relocate the
existing irrigation system to accommodate the new sidewalk and assure irrigation efficiency.
In response to a question, Assistant Director of Engineering AI Carrier said the sidewalk
would be re-routed in order not to impact the trees.
3. Approve Chance Order No. 4 and Final. decreasina Contract No 00-0029-UT. 2000
Reclaimed Utility Improvements. with A & L Underaround. Inc. in the amount of $102.317.08 for
a new contract total of $5.428.786.07: ratify and confirm April 10. 2003 payment of Invoice No.
14 to A & L Underaround. Inc.. in the amount of $53.024.72 and authorize the appropriate
officials to execute same. (Consent)
To process Change Order NO.4 requires an increase in the budget for 02 Water &
Sewer Bond Construction Fund Project 343-96687, Clearwater Harbor Force Mains, which
includes the budget deficit created by payment No. 14. The Commission approved Change
Order #2 on June 6,2002, (Item #37) increasing the contract to $5,531,103. Administrative
Change Order #3, increasing the contract by $ 0.15, was approved by the City Manager on
August 12, 2002. Change Order #4 decreases the contract by $102,317.08 for a new contract
total of $5,428,786.07. Contract line items are affected as follows:
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Line Item Approved (Decrease) Amount Charge Code
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Force Mains $ 1,440,563.00 $ 12,270.93 $1,452,833.93 343-96687
Reclaimed Water 1,039,519.00 ( 65,005.25) 974,513.75 343-96749
Potable Water 818,960.00 ( 13,447.74) 805,512.26 343-96749
Gas 93,211.00 0.00 93,211.00 315-96374
Gas 313,000.00 ( 11 ,844.77) 301,155.23 348-92820
Drew/Union Reel (C/O#1) 803,000.00 ( 14,610.94) 788,389.06 343-96739
Directional Drill-Baymont
to Memorial Causeway
Bridge (C/O #2 & #3) 1,022,850.15 ( 9,679.31) 1,013,170.84 315-96693
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Totals $ 5,531,103.15 $(102,317.08) $5,428,786.07
Change Order NO.4 includes a budget overage of $9,395.53 that resulted from payment
number 14 on April 10, 2003. While the total payment of $53,024.72 was within the purchase
order limits, there was insufficient budget available for the $37,995.94 charged to 343-96687.
. In response to a question, Public Services Director Gary Jonson said this change order
adjusts the allocations for the project.
PLD PLANNING
1. First Readino Ordinance 7215-03 - Approve an amendment to the approved Park Place
Development of Reoional Impact (DR!) Development Order throuoh the Notification of
Proposed Chanoe process by extendino the build-out date of the DRI by five years to
December 31.2008. (A portion of Section 17-29-16).
This 99-acre subject site is generally located between Gulf to Bay Boulevard and Drew
Street from Hampton Road to the U.S. 19 Frontage Road. This Development of Regional
Impact (DRI) amendment is requested by the property owners to extend the build out date of
the DRI by five (5) years from December 31, 2003 to December 31, 2008. There are no
changes to the type or amount of development in the DR!. The Park Place DRI is built out with
the exception of 100,000 square feet of light industrial use on Parcel 1 and 100,000 square feet
of office use on Parcel 6. The developers of the DRI have fulfilled the development order as
amended to this date. Upon review of the submitted Notice of Proposed Change, Tampa Bay
Regional Planning Council (TBRPC) and Florida Department of Transportation (FDOT) staffs
determined that no adverse regional impacts would occur as a result of the extension to the
build out date and no objections were raised.
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The Planning Department determined that the proposed DRI amendment is consistent
with the review standards specified in Section 4-605.F of the Community Development Code:
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. The amendment will not interfere with the achievement of objectives of the
adopted
county-wide plan applicable to the area.
· The amendment is consistent with the report and recommendations of the
regional planning agency.
. The amendment is consistent with the City of Clearwater's Comprehensive Plan.
. The amendment is consistent with the State Comprehensive Plan.
The Community Development Board reviewed the proposed application at its regularly
scheduled meeting on November 18, 2003, and unanimously recommended approval.
In response to a question, Long Range Planning Manager Gina Clayton said when the
CDB reviewed this request, there were no concerns regarding the removal of trees on the
property. She said the original DRI authorized saving of many trees. In response to a
question, Ms. Akin said the DRI includes a termination date in order to ensure that all impacts
are addressed.
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
1. Library Board - 1 Appointment (Consent)
City Clerk Cyndie Goudeau said Jan Regulski's term expires on December 31,2003.
She is eligible and interested in reappointment. There are two other nominees.
Consensus was to place Ms. Regulski's appointment on the Consent Agenda for
Thursday night.
2. Enterprise Zone Development Aqency (EZDA) - 2 Appointments (Consent)
Ms. Goudeau said there are two vacant seats on the EZDA. There are two nominees.
Consensus was to place Paul Brian Schuh's (Business Operator Category) and Kristin
Griffin's (Local Private Industry Category) appointments on the Consent Agenda for Thursday
night.
In response to a question, Ms. Goudeau said the Pinellas Industry Council no longer
exists. Staff was requested to review the category qualifications.
3. Community Development Board - 1 Appointment (Consent)
Ms. Goudeau said Carlen Petersen is resigning her position on the Community
Development Board to run for City Commissioner. There are six nominees including the
alternate member. It was noted Mr. Daniel Dennehy has expressed an interest in serving on
this board and will submit his application prior to Thursday night.
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Consensus was to place Kathy Milam's appointment as a full time member to the CDS
on the Consent Agenda for Thursday night and to appoint the alternate member Thursday
night.
CA LEGAL DEPARTMENT
1. First Readina Ordinance 7235-03 - Submittina to the city electors proposed amendments to
the City Charter amendina Section 7.02; reauirina the Commission to appoint a charter review
advisory committee every six years; amendina Section 8.04: eliminatina specific reauirements
for fees. petition cards. and dates for aualifvino as a candidate: makino non-substantive
orammatical. numberino. and oraanizational amendments to the City Charter.
City Attorney Pam Akin reviewed the list of questions for the March 9, 2004 election.
In response to a question, Ms. Akin said requiring the appointment of a Charter Review
Advisory Committee every six years instead of five was made in response to the timing of
elections. If the provision for extending Commission terms does not pass and this does, the
review could be adjusted to the election.
Ms. Akin said amendments include a number of grammatical changes, name change
from commission/commissioner to council/council member and a change to when the Vice-
Mayor is appointed.
2. First Readino Ordinance 7236-03 - Submittina to the city electors a proposed amendment to
the City Charter amendina Section 3.02(b) and 4.02(a): eliminatina the abilitv of the City
Manaaer and the City Attornev to reauire a public hearino prior to a vote of the Commission to
remove them from office.
In response to a question, Ms. Akin said this provision has never been invoked.
Consensus was to eliminate this question.
3. First Readina Ordinance 7237-03 - Submittino to the city electors a proposed amendment to
the City Charter amendina Sections 2.0Hd)(4). 2.0Hd)(5) and 2.0Hd)(6). which provides for
limitations on Commission powers relatina to city-owned real property.
Findinas Prior to Disposition of City-Owned Real Property
Ms. Akin said this change would allow for the transfer of municipal real property
to serve the public interest rather than declaring property surplus. A public hearing still
would be required.
Easements
Ms. Akin said this proposed change would allow the city to grant an easement in
addition to dedicating right-of-way. The granting of an easement would have to serve a
public purpose. In response to a question, Ms. Akin said this would include utility and
access easements. In response to a question, Ms. Akin said she would not want to put
restrictions in the question that do not exist in the charter.
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In response to a question, Ms. Goudeau said most of the changes proposed to
the Charter in the past have passed referendum.
Donation of Real Property
Ms. Akin explained uneconomic remainders, slivers of land with little value except to
abutting property owners, would go through the normal disposal process. The City's cost to
maintain these properties exceeds their value.
Limitations on Leases of City-Owned Real Property
In response to a question, Ms. Akin said this provision removes the aO-year cap
on leasing real property but still requires a referendum on any term in excess of 30
years. This also removes the ambiguity created by the previous language.
Appraisals for Purchase of Real Property
Ms. Akin said this provision increases the limits for appraisals.
City-Owned Public Facilities - Downtown Waterfront
Discussion ensued regarding the word "bluff' and it was felt it presented a negative
connotation. It was felt that some people relate to the word "bluff' to identify the area. Concern
was expressed in grouping the elements together and it was suggested they be voted on
individually.
DredQinQ of Stevenson's Creek
Ms. Akin said this provision requires a referendum for anything other than maintenance
and emergency dredging. There currently is an exemption for Clearwater Pass; this
amendment would add Stevenson's Creek as an exemption.
4. First ReadinQ Ordinance 7238-03 - SubmittinQ to the city electors a proposed amendment to
the City Charter amendinQ Section 2.03: increasinQ the term of office for commissioners to four
years: reducinQ the disqualification period from one term to two years for commissioners who
are disqualified from runninQ bY term limits.
LenQth of Commission Terms and Disqualification Period
Ms. Akin said this amendment would increase the term of office from three to
four years and reduce the disqualification period for commissioners due to term limits.
Candidates for Commission - QualifvinQ Time. Fee and Petition Cards
Ms. Goudeau said this amendment removes the qualifying time provision from the
Charter. Staff will back the election ordinance after the charter changes.
Concern was expressed in the number of ballot questions due to this election being held
in conjunction with the presidential preference primary.
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City Manager Verbal Reports
Discussion ensued in regard to adding a member slot for the Big C. Ms. Goudeau said
the MPO is requesting a formal vote from the Commission.
Consensus was to add this item to Thursday's Commission Agenda.
Commission Discussion Items
1. Staff representation on FLC Policv Committees - if a Commissioner should have a staff
person or at least a backup for the Commissioner - Jonson
Discussion ensued in regard to whether a formal policy should be established to have
staff represent the City at a committee meeting if a commissioner is not available. Concern
was expressed in information getting to the representative prior to the meeting. It was
suggested the City Clerk draft a letter to the FLC asking for information ahead of time and if
staff can participate if a commissioner is unable to attend.
2. Recommend Mavor present the Leaislative Aaenda at future Pinellas Deleaation meetinas -
Jonson
Discussion ensued in regard to whether an elected official should present the legislative
agenda. It was indicated the City Clerk has done an excellent jOb and has the full support of
the Commission to make the presentation. A recommendation was made that the delegation
chairman be asked.
3. February 17 Leaislative Reception in Tallahassee - Falls on a Work Session Dav - Jonson
Discussion ensued in regard to attending the reception and an opinion was expressed
there are more effective ways to express the commission's interests. There was no objection
noted to a commissioner attending if available.
4. Fillina Vacancies left bv Commissioner Grav's Resianation.
Discussion ensued in regard to filling the vacancies created by Commissioner Gray's
resignation from office. An opinion was expressed the person should have experience and it
was suggested a former commissioner be appointed. Concern was expressed in having
someone new and unfamiliar with the process sitting in on the upcoming impasse hearing for
the IAFF. It was questioned whether someone should be appointed prior to this hearing.
Consensus was to solicit applications from individuals not running for office.
Discussion ensued regarding the other boards Commissioner Gray serves. It was felt
the PAC (Pension Advisory Committee) and the MPO need to be filled right away.
Commissioner Jonson offered to replace Commissioner Gray on the PAC and the MPO.
Commissioner Hibbard said he also was interested in the MPO. Commissioner Gray expressed
concern serving on both the PST A and the MPO boards would result in a conflict.
Consensus was for Commissioner Jonson to replace Commissioner Gray on the PAC
effective upon her departure and to add the MPO appointment to Thursday night's agenda.
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Other Commission Action
Concern was expressed regarding the sidewalks on Sunset Point Road and it was
indicated due to financial constraints they are not being addressed at this time.
Adiourn
The meeting adjourned at 11 :48 a.m.
Chair
Mayor/Commissioner
Attest:
City Clerk
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