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09/14/1993 CITY COMMISSION MEETING September 14, 1993 The City Commission of the City of Clearwater met in regular session at the Main Library, Tuesday, September 14, 1993 at 9:01 a.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #1 - Service Awards Six service awards were presented to City Employees. Virginia Costa, Fire Department, was presented the September Employee of the Month award. ITEM #2 - Approval of Minutes - None. PRESENTATIONS ITEM #3 - Renovation of Clearwater Beach Recreation Center - Myers, Plisko & Ott Ream Wilson, Director of Parks and Recreation, gave an overview of the proposal. The building was originally a fish processing facility, and is not very attractive. It has been requested renovation be considered. Penny for Pinellas funds can be used to supplement the budget for this project. Structural engineers investigated and determined the building is structurally sound. A survey conducted in March and April determined what the citizens would like in the facility and a design committee was formed. He said the conceptual plan was unanimously approved by the committee. The exterior footprint will not change. He displayed artists' renderings and elevation drawings of the building, explained what is existing and what is being proposed. The main entrance is to be moved from the north to the west side of the building. A new metal roof will be installed. He reported a major desire is that there be an area for youth activity at all times the building is open. He stated decks are being considered for the east and south sides of the building. Design Committee Chairperson, Helen Nash, introduced those committee members who were present; John Doran, Sheila Cole, Shirley Hill Moran and Anne Garris. Commissioner Thomas was pleased with the building plans but expressed concern that parking is not adjacent to the building. He questioned if the basketball courts could be moved to the other end of the property and parking put in their place. Mr. Wilson responded this was a possibility discussed by the committee. There has also been discussion with Florida Power regarding using part of their easement for parking. Relocating the courts would cost approximately $20,000 and it was indicated the funds for relocating the courts were not budgeted. Commissioner Thomas felt the building should be user friendly. Mayor Garvey and Commissioner Fitzgerald agreed parking should be closer; however, felt top priority should be given to the renovation of the building. Commissioner Deegan agreed and staff was requested to propose three or four alternate locations to be brought back some time in the future. Commissioner Fitzgerald requested the Committee be kept involved. Commissioner Berfield raised questions regarding building to ADA standards and shuttering the building for storm protection. She also questioned whether or not there will be any exterior wood trim. Mr. Myers said a permit is being obtained to flood-proof the building and steel sheeting will be provided to attach over the windows when necessary. A small amount of exterior trim (louvers) will be wood. Commissioner Thomas requested emergency door alarms be attached to the doors exiting from the free weight room and signage identifying the building as a recreation center. In response to a question from Commissioner Thomas, Mr. Wilson said the exterior will have gray vinyl siding and a galvanized roof. A portion of the columns and beams will be painted stucco. He stated the color is open for discussion and Ms. Nash will be taking color samples to the Tropical Seascape committee meeting. Commissioner Thomas moved to accept the plan as submitted along with a reevaluation of the basketball court location. The motion was duly seconded. Mayor Garvey requested clarification and it was affirmed the building goes forward even if an alternative location for the basketball courts is not approved. Upon the vote being taken, it carried unanimously. Anne Garris reviewed the history of the building, stating it was always intended as a center for the youth. Dan Nash felt parking should be closer for seniors attending art classes. The Mayor indicated the parking issue is going back to the Design Committee for discussion. CITY MANAGER REPORTS ITEM #4 - Declare personal property surplus to city needs and authorize disposal thru Tampa Machinery Auction, Tampa, FL (AS) Surplus property is turned in by the departments for distribution or disposal. All serviceable items are redistributed to other departments; the remainder are recommended for disposal. The Director of General Services has inspected and approved for disposal vehicles and related equipment. All other items were inspected and recommended for disposal by the Purchasing manager. Proceeds from the sale of items are returned to the original purchase fund. Tampa Machinery Auction specializes in the sale of surplus vehicles and equipment and provides a range of services to government entities for a ten percent commission. They are the current auctioneering service contracted by the Pinellas County Purchasing Cooperative. The City will receive a printout showing asset numbers, selling price, commission and net return. In response to a question by Commissioner Fitzgerald, it was indicated this type of surplus is described as personal property to differentiate from real property. Commissioner Thomas moved to approve declaring personal property surplus to City needs and authorizing disposal through Tampa Machinery Auction, Tampa, Florida. The motion was duly seconded and carried unanimously. ITEM #5 - Purchase/renewal of Property and Casualty Insurance Coverage for FY93-94 in an amount not to exceed $450,000 (AS) The City Administration, through its Risk Management Division, recommends that the City purchase/renew its Property and Casualty Insurance Coverage for FY 93/94 as follows: Insured Risk Type Insurer Insurance Broker Premium Policy Period Excess Property (Layer 1, 10 mil) Renewal International A.J. Gallagher $143,269. 10/1/93-10/1/94 Excess Property Hartford Specialty (Layer 2, 40 mil) New Fireman's Fund A.J. Gallagher $205,016. 10/1/93-10/1/94 St. Paul Surplus Royal E & S International Excess Property New Fireman's Fund (Layer 3, 20 mil) Steadfast A.J. Gallagher $30,758. 10/1/93-10/1/94 Crime & Dishonesty Renewal Hartford A.J. Gallagher $6,375. 10/1/93-10/1/94 Boiler & Machinery Renewal Kemper A.J. Gallagher $6,030. 10/1/93-10/1/94 Marina Operators Renewal Hartford A.J. Gallagher $12,171. 10/1/93-10/1/94 Total Premiums $403,619. The City Risk Management staff has reviewed the coverage, rates and firms recommended and concurs in the Insurance Broker's recommendations to renew and/or purchase new policies as shown above. All property risks are covered at levels and rates which, taken together, represent an optimum property and casualty insurance program. These recommended purchases are for a one year period. All property and casualty insurance coverage, as well as claim services, are scheduled to be rebid during the next fiscal year. Commissioner Deegan stated the increases in rates reflect what all peoples in Florida are facing. He felt the rates were as low as possible. Commissioner Fitzgerald moved to approve the purchase/renewal of property and casualty insurance coverage for FY93-94 in an amount not to exceed $450,000. The motion was duly seconded and carried unanimously. ITEM #6 - Renewal of excess workers' compensation insurance coverage for FY93-94; authorize $164,673 payment (AS) The City Administration, through its Risk Management Division, recommends that the City purchase/renew its Property and Casualty Insurance Coverage for FY 93/94 as follows: Insured Risk Type Insurer Insurance Broker Premium Policy Period Excess Workers' Comp. Coverage ($10,000,000) Renewal FMSIF Florida League $164,673 10/1/93-10/1/94 of Cities Total Premium $164,673 Renewal of the current policy with the Florida League of Cities in its present form with a $300,000 SIR will require a premium increase of $107,926 or 190 percent from $56,747 to $164,673. This recommended purchase is for a one year period. All property and casualty insurance coverage, as well as claims services are scheduled to be rebid during the next fiscal year. Commissioner Thomas questioned why the rate had increased so much. Leo Schrader, Risk Manager, referred to a letter from the Florida League of Cities, stating the substantial increase in premiums is not the result of claims, but an expected increase relating to an actuarial evaluation of Workers Compensation insurance. He explained the situation contributing to the increase in rates in excess workers' compensation insurance and how this cost is passed on to the customer. He stated the City of Clearwater has not had a claim. Brad Clark, representing the Florida League of Cities, stated this is a result of the first actuarial study done since 1989. He described the breakdown of the use funds. The Mayor questioned if the insurance program, as an enterprise fund, is self-sustained. Mr. Clark stated the non-profit organization represents 65 percent of the workers in Florida and the increase in re-insurance is being passed out to the membership. In response to a question from Commissioner Thomas, Mr. Schrader stated Gallagher Bassett obtained quotes from other carriers and Florida League of Cities was found to be the most competitive in the marketplace. Mayor Garvey commented the Board of Directors of the Florida League of Cities is preparing a position paper on the workers' compensation issue. Commissioner Thomas moved to approve the renewal of excess workers' compensation insurance coverage for FY93-94 and authorize $164,673 payment. The motion was duly seconded and carried unanimously. ITEM #7 - Renewal of Flood Insurance Policies for FY93-94; authorize payments not to exceed $35,000 (AS) Arthur J. Gallagher is the broker for the flood insurance program for the City. The premiums are paid directly to the insurance company by separate check for each piece of property insured. The premiums are the same regardless of the insurance company issuing the insurance coverage. The City is obligated to purchase first dollar flood insurance coverage on the property shown below. The City Administration, through its Risk Management Division, recommends renewal of flood insurance policies as shown below: Policy Policy Number Description of Building/Contents Total Period Insurance Co. Insured Property Value / Value Premium 11/12/93- 09-7085776-02 40 Causeway Boulevard 200,000/200,000 2,833.00* 11/12/94 Bankers Civic Center/Library 11/12/93- 09-7085778-02 3141-3157 Gulf To Bay 200,000 / -0- 1,125.00* 11/12/94 Bankers Waste Treatment Ctr. 11/12/93- 09-7085780-02 60 Bay Esplanade St. 200,000/91,400 2,373.00* 11/12/94 Bankers Recreation Complex 11/12/93- 09-7085781-02 25 Causeway Blvd. 200,00 / -0- 1,125.00* 11/12/94 Bankers Marina Offices 1/31/94- 09-7089717-02 1700 N. Belcher Rd. 200,000/68,900 3,607.00* 1/31/95 Bankers Fire Station 6/12/94- 09-7094712-00 534 Mandalay 200,000/200,000 2,695.00* 6/12/95 Bankers Fire Station 6/12/94- 09-7094713-00 700 Bayway Blvd. 200,00/60,800 597.00* 6/12/95 Bankers Beach Police Station 9/28/93- FLD1254051 1605 Harbor Drive 200,000 / -0- 6,470.00* 9/28/94 South Carolina Waste Water Trt. Plt. 8/03/93- 0007240678 1001 Gulf Blvd. 200,000 /52,500 7,105.00 8/03/94 Bankers Clearwater Sailing Center * Estimated Cost TOTAL $27,930.00 Commissioner Thomas moved to approve renewal of flood insurance policies for FY93-94 and authorize payments not to exceed $35,000. The motion was duly seconded and carried unanimously. ITEM #8 - Purchase of claim services (liability and workers' compensation) from Johns Eastern Company, Inc., for FY93-94, at an est. $80,305, with a deposit of $47,495 as provided for in the 3 year contract with the company (AS) During Fiscal Year 92-93, Johns Eastern Company, Inc., of Sarasota, Florida (hereinafter referred to as JE) provided liability and workers' compensation claims services to the City of Clearwater for the second year of a three-year contract for new claims arising on or after 10/01/91. These services included claims administration, claims adjusting (investigation and settlement), loss prevention and loss control services. The third and final year of the JE contract will begin on 10/01/93. The deposit required by the contract for the handling of workers' compensation cases under the contract is the sum of $47,495. Fees for processing liability claims sent to Johns Eastern are billed monthly to the attention of the City's Risk Management Division by Johns Eastern. This proposal does not include the handling of run-out claims now being handled by Gallagher Bassett Services, Inc. The handling of such claims is the subject of a separate contract and agenda item. Commissioner Deegan moved to approve purchase of claim services (liability and workers' compensation) from Johns Eastern Company, Inc., for FY93-94, at an estimated cost of $80,305, with a deposit of $47,495 as provided in the three-year contract with the company. The motion was duly seconded and carried unanimously. ITEM #9 - Approve Addendum Two to extend contract for claim services with Gallagher Bassett Services, Inc., for handling "run-out" claims for FY93-94, at an est. $15,378 (AS) Addendum Two, along with the Contract between the City and Gallagher Bassett Services, Inc., dated March 27, 1992, and Addendum One dated September 15, 1992, provides for handling "run-out" liability and workers' compensation claims for Fiscal Year 93/94. Commissioner Thomas moved to approve Addendum Two to extend the contract for claim services with Gallagher Bassett Services, Inc., for handling "run-out" claims for FY93-94, at an estimated cost of $15,378. The motion was duly seconded and carried unanimously. ITEM #10 - Line of Credit Lease Purchase Financing Agreement for 1993-94; proposal of Security Capital Corp. to provide a $4,750,000 line to cover planned equipment acquisitions for fiscal 1994; authorize all uncompleted acquisitions previously approved for financing under current agreement with AT&T Credit Corp. to be financed under this new agreement, provided all other terms and conditions of the original approval remain unchanged (AS) Each year, the City solicits proposals for lease purchase (installment sale) financing for our upcoming fiscal year. Last year, for the first time, the City changed the index rate from New York prime rate to the weekly average index for five year Treasury notes as published weekly by the Federal Reserve Board. This change was made at the request of several lenders who indicated an unwillingness to bid against New York prime rate, which they viewed as an inadequate indicator of five-year tax exempt municipal rates. Last year's contract was awarded to AT&T Credit corporation with a bid of 99.4999 percent of the five-year Treasury rate. This year's request was further modified to request a ten-year financing term for two trolley cars, totalling an estimated $400,000. These cars are expected to be used in expanding the current Jolley Trolley service under the direction of a new non-profit corporation which is presently being developed. All but the recommended lender chose to take exception to the special trolley requirement. In general, the proposals received this year were better than last year, reflecting a more favorable regulatory environment. Security Capital's bid is 97.9875 percent of the Treasury index. The most recent five-year Treasury average weekly rate was 5.123 percent, which would result in a current borrowing rate of 5.017. Commission approval of this proposal does not represent a commitment to borrow. Decisions to lease purchase specific items of equipment must have Commission approval on an individual basis. Dan Deignan, Assistant Director of Administrative Services, stated this project is managed by Cash and Investment Manager, Barbara Weston, who did a Dun and Bradstreet evaluation of Security Capital. He stated any money loaned to the City would be based on a repayment schedule created by the City. One alternative would be to go back to AT&T at the current rate. In response to a question from Commissioner Thomas, Mr. Deignan explained the annual interest rate and how the total was derived. The City Manager indicated this is the only vendor which would finance the Trolley at the same rate as other purchases. Commissioner Thomas moved to accept the proposal from Security Capital Corporation to provide a $4,750,000 line to cover planned equipment acquisitions for fiscal 1994 and to authorize all uncompleted acquisitions previously approved for financing under the current agreement with AT&T Credit Corporation to be financed under this new agreement, provided all other terms and conditions of the original approval remain unchanged. The motion was duly seconded and carried unanimously. ITEM #11 - Extension of contract for dry cleaning, laundry and alteration service with North Hercules Cleaners, Clearwater, FL, for the period 10/15/93-10/14/94, at an est. $16,200 (AS) The City provides dry cleaning, laundry and alteration service for the uniforms of Police and Fire Department personnel who are in constant contact with the general public. The contractor provides twice-weekly pick-up and delivery service to various City locations. Commissioner Berfield moved to approve the extension of contract for dry cleaning, laundry and alteration service with North Hercules Cleaners, Clearwater, Florida, for the period 10/15/93 to 10/14/94, at an estimated cost of $16,200. The motion was duly seconded and carried unanimously. ITEM #12 - Purchase of propane gas from Vision Energy of Sarasota, FL, for the period 10/1/93-9/30/94, at an est. $79,303.95 (GAS) This contract will supply the bulk propane gas required by the Clearwater Gas System to provide service for residential and commercial customer requests and for the City's Fleet Maintenance operations. Gas System staff has estimated approximately 165,000 gallons of propane will be required during the contract period. The Gas System receives new service requests predominantly from customers where it is not feasible at the time to extend the natural gas mains. Propane gas is supplied in these instances to allow for revenue to be realized until natural gas mains are extended. Also, some City vehicles use propane gas as a fuel instead of gasoline. Vision Energy of Sarasota, Florida, has bid to deliver bulk supply propane to our storage tank facilities on Jones Street at a cost of 1.479¢ per gallon above the Warren Petroleum Index Price in effect on the date of delivery. This is basically a margin on the Port of Tampa price of bulk propane to cover handling and delivery to our storage tank facilities. Commissioner Fitzgerald questioned the recommended vendor's capability of providing the product. Commissioner Thomas moved to approve the purchase of propane gas from Vision Energy of Sarasota, FL, for the period 10/1/93 to 9/30/94, at an estimated cost of $79,303.95. The motion was duly seconded and carried unanimously. ITEM #13 - Purchase of Punch Valve Saddle Tee Fittings from Allied Corrosion Industries, Inc., Marietta, GA, at an est. $7,129.75 and Perfection Corp., Madison, OH, at an est. $7,392.50, for the period 10/1/93-9/30/94, for a total est. $14,522.25 (GAS) This bid represents Clearwater Gas System's estimated annual requirements for punch valve saddle tees to be ordered as needed. The fittings are required for the connection of new gas service lines to existing gas mains. Davis Meter and Supply provided a lower quote on items numbers 6 and 8. However, the fittings quoted by Davis Meter and Supply did not meet specifications and are not approved for use by Clearwater Gas System. Commissioner Thomas moved to approve the purchase of Punch Valve Saddle Tee Fittings from Allied Corrosion Industries, Incorporated, Marietta, Georgia, at an estimated cost of $7,129.75 and Perfection Corporation, Madison, Ohio, at an estimated cost of $7,392.50, for the period 10/1/93 to 9/30/94, for a total estimated cost of $14,522.25. The motion was duly seconded and carried unanimously. ITEM #14 - Approval of trade-in of 142 surplus and 75 current pistols toward acquisition of 83 Smith and Wesson 9mm double action pistols from Standard Law Enforcement Co., Longwood, FL, with a credit of $11.39 to be paid to the city (PD) The Police Department has had 142 surplus .38 caliber revolvers stored in the department armory since 1986, when the department converted to 9mm pistols. At that time, the trade-in value was negligible, because the .38 caliber revolvers had been converted to double-action only and were not applied toward the purchase of the new weapons. The older 9mm weapons currently used by the department were purchased in 1986 and 1987. They are due to be replaced according to the manufacturer's recommendation of replacement beginning at five years of patrol use. The desired replacement weapons are various model Smith and Wesson 9mm pistols. All are double-action only, have improved sights and grips and some can accommodate smaller hand sizes. The Phase I purchase includes various types and quantities of weapons and ammunition magazines, for a total cost of $29,022.61. The sale of the surplus and older weapons provides the funding for the purchase, with a credit of $11.39 to be paid to the City. Upon completion of Phases II through IV, all 266 weapons currently in use will be replaced. The Mayor indicated she would prefer the guns be disposed of. Commissioner Fitzgerald questioned the five-year life span and why weapons are being replaced when they may not have been used. The City Manager indicated they have been used extensively on the pistol range for qualification practice. Commissioner Thomas moved to approve the trade-in of 142 surplus and 75 current pistols toward acquisition of 83 Smith and Wesson 9mm double action pistols from Standard Law Enforcement Company, Longwood, Florida, with a credit of $11.39 to be paid to the City. The motion was duly seconded. Discussion ensued regarding Commissioner Fitzgerald's concern. The City Manager stated the Department went to 9mm automatics in the mid-1980's and the single-action .38's were put in the vault. Regarding the five-year life span of the 9mm weapons, he said they have received a great deal of range use. Commissioner Fitzgerald still questioned the need to trade in the 9mm's if they were still serviceable. Upon the vote being taken, Commissioners Deegan, Berfield and Thomas and Mayor Garvey voted "aye"; Commissioner Fitzgerald voted "nay". Motion carried. ITEM #15 - Amendment to agreement with the School Board of Pinellas County providing for continuation of School Resource Officer program, for 1993/94 school year, at Clearwater High School and Countryside High School (PD) Under the terms of the original three-year agreement entered into on August 28, 1991, between the School Board of Pinellas County, Florida and the City of Clearwater, the City will provide law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. The assigned officers will provide instruction in law education, serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services necessary. This amendment increases the reimbursement to the City of Clearwater, for the school year August 19, 1993, through June 8, 1994, from $25,606 base salary, to $27,782 base salary, per School Resource Officer. Payments are to be made in quarterly installments. All other items and conditions of the original agreement, and the amendment dated July 1993, shall remain in full force and effect. Commissioner Deegan questioned if the reimbursement is the same for all resource officers throughout the County. Deputy City Manager Kathy Rice stated the School Board reimburses the same amount per officer to each municipality. Commissioner Thomas moved to approve the amendment to agreement with the School Board of Pinellas County providing for continuation of the School Resource Officer program, for the 1993/94 school year, at Clearwater High School and Countryside High School. The motion was duly seconded and carried unanimously. ITEM #16 - Purchase of Cypress Chips from Florida Green Resources, Palm Harbor, FL, for the period 10/1/93-9/30/94, for a cubic yard cost of $12.75 (annual est. total of $18,000) (PR) The Parks Division of the Parks and Recreation Department purchases cypress chips to place under approximately 25 playground apparatus installations throughout the City. According to the United States Consumer Products Safety Commission, this type playground surface is among the safest. This contract will allow the City to order and purchase materials only when they are required, thus reducing the need for a large inventory and space for storage. Commissioner Thomas moved to approve the purchase of cypress chips from Florida Green Resources, Palm Harbor, Florida, for the period 10/1/93 to 9/30/94, for a cubic yard cost of $12.75, for an annual estimated total of $18,000. The motion was duly seconded and carried unanimously. ITEM #17 - Confirm co-sponsorship & waiver of fees for city services for Special Events (Jazz Holiday, Fun n' Sun, Fourth of July, Family Holiday Festival (parade), Turkey Trot, North Greenwood Street Festival & Martin Luther King Parade) proposed in the 1993/94 operating budget at an est. $134,546; authorize said events to approve vendors (PR) This agenda item is provided in response to City Commission Policy Statement No. BG1 relating to special events and the waiver of all fees associated with those events that are City sponsored or co-sponsored at the beginning of each fiscal year. Cash contributions and in-kind contributions were provided to each of the above referred special events during the 1992/93 fiscal year and are proposed for 1993/94. If approved, a listing of these special events and their costs will be added to the final budget document. Commissioner Thomas requested reopening the discussion regarding whether or not the City should allow liquor sales to raise funds at the Jazz Holiday. It was indicated this item could be further discussed during Item 29a. Commissioner Thomas moved to confirm co-sponsorship and waive fees for City services for special events (Jazz Holiday, Fun n' Sun, Fourth of July, Family Holiday Festival (parade), Turkey Trot, North Greenwood Street Festival & Martin Luther King Parade) proposed in the 1993/94 operating budget at an estimated cost of $134,546 ($49,720 as cash contributions and $84,826 in-kind); and to authorize said events to approve vendors. The motion was duly seconded and carried unanimously. ITEM #18 - Declare surplus for subordination to FDOT the city's easement rights and interests along US19 at S.R.590, Parcel 800.02; Res. #93-54 - authorizing City Manager to execute subordination of utility interests document with FDOT (PW) Commissioner Deegan moved to approve declaring surplus for subordination to FDOT the City's easement rights and interests along US19 at S.R.590, Parcel 800.02. The motion was duly seconded and carried unanimously. ITEM #19 - Contract for 1993 Street Resurfacing Project to R.E. Purcell Construction Co., Inc., Odessa, FL, for $1,160,865 (PW) The City of Clearwater annual street resurfacing program is designed to restore the roadway wearing surface, provide a protective coating, and maintain the structural integrity of the road substructure throughout the City street system. The work consists of utility adjustments, asphalt milling, asphalt patching, miscellaneous curb, street and drainage work. A pre-construction conference will be held immediately following the execution of the contract documents. The contract time schedule will begin sometime during the month of September, 1993. The contract period is for 150 days. The City Manager indicated, while some money is held back for other resurfacing projects, the City tries to resurface ten percent of City streets annually. Commissioner Berfield moved to approve the contract for the 1993 street resurfacing project to R.E. Purcell Construction Company, Incorporated, Odessa, Florida, for $1,160,865. The motion was duly seconded and carried unanimously. Commissioner Deegan commended the background explanation of this item for being cogent, clarifying and valuable for the public. He suggested including it with the utility bills. Staff is to coordinate this. ITEM #20 - Clearwater Pass Bridge - Res. #93-56 - determining the necessity to make improvements to and replacement of the bridge; authorizing and directing condemnation of the necessary property (PW) The City Manager stated Items #20 and #21 are related to proceeding with the process to obtain property for building Clearwater Pass Bridge. He stated negotiations with the property owners will proceed; however, he does not expect to be successful without going to condemnation. His main concern is to keep the project on track and not have it "slip" in the State's schedule. This would mean the City would have to compete for State funding. He stated the current proposal represents the minimum time the bridge will be closed to automobile traffic. He noted the FDOT supports the condemnation. Mr. Wright proposed making up the approximate 1.5 million dollars extra that may be needed for right-of-way acquisition by continuing to collect the toll on the existing bridge after the debt is paid off in July, 1994. In response to questions from Mayor Garvey and Commissioner Deegan, outside approval was not thought to be needed because the bridge belongs to the City. Mr. Wright indicated the bridge nets approximately 3/4-million dollars per year. Discussion ensued regarding whether or not to continue collecting tolls on the present bridge. The City Manager indicated the Commission's policy was to cease collecting the toll after the debt was paid off. However, at the time the policy was adopted, the debt was not expected to be paid until after the new bridge was built. Mr. Wright recommended a policy change regarding this matter. Commissioner Deegan moved to continue the tolls on the existing bridge until the City acquires the funds to pay for the right-of-way acquisition for the new bridge. The motion was duly seconded. Commissioner Thomas raised two issues: 1) the cost of condemnation is not known and 2) condemnation is required because we are using the design that requires the least amount of bridge closing time. He advocated continuing to collect the toll and raising the amount to $1.00 to cover the cost of overtime pay to more rapidly expedite building the new bridge. Mayor Garvey, Commissioner Deegan and Commissioner Fitzgerald were in favor of continuing the toll on the old bridge; however, did not support raising the amount. Commissioner Fitzgerald was emphatic there should not be a toll on the new bridge as this commitment had been made to the citizens. In response to his question, it was indicated any proposal to implement a toll on the new bridge would be brought before the Commission. Mayor Garvey stated when Federal funds are involved, a toll is not allowed. Upon the vote being taken, the motion carried unanimously. Commissioner Thomas stated there will be massive pressure to expedite construction of the new bridge in the shortest possible time and this is an opportunity to accrue funds for this purpose. Commissioner Thomas moved to increase tolls to $1.00 until this construction project is completed. There was no second. William C. Baker, Public Works Director, responded to Commissioner Deegan's request to review the efforts to date to purchase the property needed for right-of-way. He stated the property was appraised and an offer made, to which there was no response. Numerous efforts were made to establish contact and there has been no response until recently. Apparently, the property owners were waiting for the City to institute condemnation proceedings. He stated they are attempting to seek monetary damages relating to the view and Assistant City Attorney Dick Hull will be meeting with them. The City Manager stated the negotiations are with three different parties; the property owners, the business owners and the owners of the adjoining Standridge property. In response to questions from Commissioner Deegan and Mayor Garvey, he indicated it was primarily the property owners who were unwilling to settle and he felt even if they agreed to sell, the price would be too high. He recommended condemnation as the best route and stated the 2.5 months the opening date was pushed back due to right-of-way acquisition difficulties are lost. Commissioner Fitzgerald questioned if the owners were wanting us to go to condemnation because the City would have to assume some costs traditionally paid by the seller. The City Manager indicated it was only when the City volunteered to pay these costs prior to condemnation that any progress was made. The City Manager stated the Commission will be kept informed up to the last day of negotiations and will make the decision whether to accept an offer, or go to court. In response to his question, Commissioner Deegan was informed attempts to negotiate have been ignored in the past. Commissioner Berfield stated it was known two to three years ago this property would be needed. She questioned why negotiations are only beginning at this point and if a committee worked on obtaining the property. It was indicated actual plans and right-of-way maps were needed before negotiations could begin. Mr. Baker stated it was surprising they ignored the City's offers; however, it was discovered they were waiting for the City to initiate condemnation procedures. It was indicated the property owners own to interest in the restaurant. Commissioner Thomas stated definitive action is needed now to condemn and let the court determine the value. He felt if the cost of a portion of the property is close to the value of the entire parcel, action should be taken to acquire the entire parcel and let Leverock's keep the restaurant until their lease runs out. He stated this would allow the citizens to recover their losses and develop the extra land later. Commissioner Berfield questioned trading the extra land and the Mayor stated it could be sold. The City Attorney presented Resolution #93-56 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-56 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Thomas and Garvey. "Nays": Berfield. Commissioner Deegan referred to an August 26 memo from the Department of Transportation indicating it did not contain an expected endorsement of continuing the tolls on the new bridge if needed to recover the extra cost for acquisition of right-of-way. The City Manager indicated he had gotten a verbal indication that was hedged in the letter. ITEM #21 - Purchase of vacant commercial parcel located at SE corner of Gulf Blvd. and S. Gulfview Dr. from James E. Standridge for $700,000, previous years and current year ad valorem taxes and specified closing costs, for an est. total $748,656 (PW) A 2,214 square-foot portion of this parcel is required to construct the new Clearwater Pass Bridge. Bridge construction will close access between South Shore Boulevard and Gulf Boulevard. This is the primary entry for patrons of Leverock's Seafood Restaurant. The site leased by Leverock's will also lose approximately 40 parking spaces to bridge construction. Staff believes the purchase of the entire Standridge parcel will greatly mitigate the street closure and lost parking issues. Attorneys representing Leverock's and the landlord have indicated the parcel is a generally acceptable solution to at least a portion of damages the restaurant and the site may sustain due to the bridge project. Real estate appraisers for the City and Fisherman's Wharf were instructed to base their appraisals on the Standridge parcel being available to provide access and replacement parking for the Leverock's site. Buying this parcel and vacating South Shore Boulevard where it abuts this parcel, will create a single tract meeting statutory requirements that damages be cured by an on-site solution. Four real estate appraisals have been obtained since 1991, ranging from $575,000 to $685,000. The owner has agreed to accept $700,000 for the property with the City paying for title insurance, state documentary stamps, recording fees, appraisal fees, escrow administration, attorney fees and ad valorem taxes for 1991, 1992 and 1993, until date of closing. The total costs of these additional items are estimated at $48,656. The owner has contracted with Gurr and Associates, Inc., a Lakeland environmental firm, to remediate petroleum contamination on the site. The firm is processing the clean-up plan through the Florida Department of Environmental Regulation (DER) and expects to have the plan approved and clean-up completed by the end of 1993. Total cost of the clean-up is estimated at $260,000. In addition to reimbursement costs approved by the state, $200,000 of the purchase price will be held in escrow, allowing disbursement to the seller of up to $100,000 as reimbursement is made by the state, but with a minimum of $100,000 to remain in escrow until final certification by the DER that the property is clean. In summary, the City Manager stated the owner has agreed to clean up the petroleum contamination on the site. Commissioner Thomas moved to approve the purchase of the vacant commercial parcel located at the southeast corner of Gulf Boulevard and South Gulfview Drive from James E. Standridge for $700,000, previous years and current year ad valorem taxes and specified closing costs, for an estimated total cost of $748,656. The motion was duly seconded and carried unanimously. ITEM #22 - The Long Center Board of Directors - 1 appointment (CLK) At the July 1, 1993 Commission meeting, Mr. Giordano was appointed to complete an unexpired on this board to September 30, 1993. As this was such a short period, it was noted, unless told otherwise, the City Clerk Department would submit Mr. Giordano's name for reappointment. A term on this board is for three years. In response to a question from Commissioner Deegan regarding Mr. Giordano's reaction to a recent letter from the Foundation board, it was indicated there has been no conversation with him. He submitted his own name, was recommended by others in recreation and was appointed to fill an unexpired term. Commissioner Thomas stated, if no one knows Mr. Giordano, he would like to recommend Shirley Moran for the appointment. Mayor Garvey suggest this item be continued in order to acquire more information about Mr. Giordano's qualifications. Commissioner Thomas moved to continue this item to the meeting of October 4, 1993. The motion was duly seconded and carried unanimously. The meeting was recessed from 10:44 to 10:52 a.m. ITEM #23 - City Hall Contract & schedule from Rowe and Associates Kathy Rice gave an update on the new preliminary schedule for the City Hall Building. She stated 19 design/build firms were contacted to update their bids & determine if they were still interested. The design criteria are currently being developed. Around the first of the year, the design/build firms will present their proposals and will be ranked. The Commission will negotiate the contract with the top ranked firm. The property is currently being surveyed to ensure the 28-foot line will not be violated and they have 15 days to submit the survey to the City. She indicated Rowe Rados' contract is being amended to incorporated additional work they have done. In response to questions from Commissioner Berfield, Ms. Rice stated the surveying firm will be chosen today or tomorrow. Until the final survey is done, it will not be known if this matter will go to referendum; however, care is being taken not to violate the Charter. Discussion ensued regarding the building concept. The Mayor felt, if the issue goes to referendum, the best design can be chosen, rather than having to be satisfied with the first choice. Commissioner Thomas questioned if the election date for the referendum question can be changed from November to December. Staff was directed to investigate whether or not the election can be moved to December 7, 1993. CITY ATTORNEY REPORTS ITEM #24 - Sanitary Sewer Lien Agreement (Invandino - 1985 Skyline Drive East) Commissioner Fitzgerald moved to approve the sanitary sewer lien agreement regarding Invandino, 1985 Skyline Drive East. The motion was duly seconded and carried unanimously. ITEM #25 - Sidewalk Easement - W 5' of Lot 8, Blk F, 1st Addition to Sunset Point (Squires - 1818 Douglas Ave.) Commissioner Berfield moved to approve the sidewalk easement regarding the west 5 feet of Lot 8, Block F, First Addition to Sunset Point, Squires, 1818 Douglas Avenue. The motion was duly seconded and carried unanimously. ITEM #26 - 10' Water Main Easement and ingress/egress easement (near US19 and Gulf-to-Bay - Wal-Mart Stores, Inc.) Commissioner Thomas moved to approve the ten-foot Water Main Easement and ingress/egress easement near US 19 and Gulf-to-Bay Boulevard regarding Wal-Mart Stores, Incorporated. The motion was duly seconded and carried unanimously. ITEM #27 - Other City Attorney Items - None. ITEM #28 - City Manager Verbal Reports a) Set special meeting regarding: Community Consensus for October 7, 1993. Ms. Rice indicated October 7 is the date Dr. Graves can be here to meet with the City Commission and the steering committee. Consensus was to schedule the City Commission meeting for October 7, 1993, from 9:00 a.m. to 1:00 p.m. b) Florida League of Cities Legislative Conference conflict with 11/4/93 Commission meeting. It was suggested to cancel the Commission meeting as two of the Commissioners are scheduled to attend the conference. However, Commissioner Deegan did not want to cancel the Commission meeting and the Commissioners agreed. Consensus was to reschedule the City Commission meeting to 6:00 p.m., November 8, 1993. ITEM #29 - Commission Discussion Items a) Non-Departmental Funding Discussion ensued regarding the possibility of increasing the Jazz Holiday funding by scaling back other payments and "in kind" service costs for special events and agencies. Commissioner Fitzgerald suggested reducing the contribution to the Florida Orchestra from $15,000 to $10,000 and deleting the contributions to the Pinellas Economic Development Council (PEDC) ($15,000) and Clearwater Bombers ($10,000). Commissioner Thomas indicated he could support those recommendations. He recommended increasing the funding for Jazz Holiday. Mayor Garvey spoke in support of the Clearwater Bombers, saying they benefit the economy by drawing visitors from other areas. She also supported PEDC which, blended with Tampa Bay Partnership, brings quality jobs to the community. Julia Ann Fleming, Vice-President for Advancement of the Florida Orchestra, addressed the Commission. She stated the orchestra has a good relationship with Ruth Eckerd Hall, where they have experienced growth and performed community service. Non-profit groups are encouraged to bring children and a new volunteer program has just started with 200 members. She felt people want this orchestra in the Hall and said ticket prices only cover about half of the production costs. She asked that the contribution to the Florida Orchestra be increased to $40,000. In response to the Mayor's question, Ms. Fleming stated other cities, also in budget review, have not decided if they will contribute. She stated, in response to Commissioner Deegan's question, programming in the park has caused some concern. An outdoor concert has been sponsored by Fortune Bank and it is hoped to use Clearwater's contribution for other sponsorship. Commissioner Thomas stated the City is already contributing $400,000 to Ruth Eckerd Hall, which is involved with all the arts. He stated, as the City has a limited amount of money to put into the arts, the $10,000 proposed contribution is sufficient. He felt the private sector should contribute a stronger share toward the arts. Commissioner Deegan felt the recommended contribution to the Florida Orchestra of $15,000 should not be cut. He agreed with the Mayor regarding the Clearwater Bombers. He stated PEDC has not requested funds; therefore, that contribution does not belong in the budget. Referring to citizen opposition to beer and wine sales at the Jazz Holiday, Commissioner Deegan indicated he would prefer to see additional funds granted if the Jazz Holiday becomes in danger of losing money. However, he did not see a reason to increase the contribution at this time. Mayor Garvey agreed additional funds should not be granted to the Jazz Holiday if they are not requested. Commissioner Berfield questioned the purpose of the contribution to the Partners in Self-Sufficiency, whether or not is was solicited, and if it could be reduced to $500.00. Mr. Wright stated the contribution was not solicited. Staff research indicated in kind service costs are for printing and staff work and the contribution could be reduced to $500.00 for office supplies. Regarding the Jazz Holiday, Commissioner Berfield noted they wanted $40,000 for a reserve fund and suggested setting aside these funds for them to use if they ask. The Mayor noted, if money is put aside, it will be requested. Commissioner Deegan suggested the possibility of having a contingency fund and leaving the bottom line contribution the same. Commissioner Berfield felt the Clearwater Bombers should be sent a letter informing them the contribution is not automatic. She recommended they be put on notice for one year and they should be required to get their budget data together. Regarding the Florida Orchestra, she stated their contribution should be left the same as last year and she would like to see another July Fourth concert. Discussion ensued regarding the Clearwater Bombers. Commissioners Deegan, Thomas and Berfield want them to be notified their money will not be forthcoming unless they present a business plan and legitimate financial data. Mayor Garvey disagreed, stating they should be told what is needed first, then put on notice if they do not follow through. Commissioner Fitzgerald expressed concern the Clearwater Bombers have been asked repeatedly for their business information. He did not support the $10,000 contribution. He stated the Jazz Holiday contribution should remain the same. Mr. Wright suggested putting the money into the budget for the Bombers; however, not releasing it until the Commission is satisfied with the Bombers' response. Direction was given as follows: 1) the contribution to the Florida Orchestra remain at $15,000; 2) funds remain in reserve and not be designated for PEDC and 3) the contribution to Clearwater Bombers remain at $10,000 and a letter be drafted, notifying them the money will not be released until financial and business plan information satisfactory to the City Commission is provided. b) Citizen Volunteers - Continued. c) Removal of Art Colony signs - Continued. d) Rare Environmentally Sensitive Land - Continued. e) MPO Resolution re: bus shelters Commissioner Thomas stated he was asked by the Metropolitan Planning Organization (MPO) to bring their recommendations regarding bus shelters before the Commission. A copy of a resolution of the MPO'S Citizens Advisory Committee regarding a streamlined and standardized approach to the permitting of public bus shelters was submitted. Mr. Wright stated the City supports the concept of standardizing the design of the shelters; however, does not want to get into having to make sidewalk modifications. In response to Commissioner Deegan's question regarding standardized permitting, Mr. Wright stated, Public Works Director Bill Baker is responsible for the permitting when sidewalks are at issue. In response to a question from Commissioner Fitzgerald, it was indicated allowing advertising on the shelters was not part of the issue. Mayor Garvey requested staff to review this item prior to City Commission Action. ITEM #30 - Other Commission Action a) Hildebrandt Agreement re: City Attorney Audit Staff has been working with the Hildebrandt people to develop an agreement for the City Attorney audit. Commissioner Berfield expressed concern their time estimates for reviewing Rules of Professional Conduct, Bar Rules and Procedures and the City Charter, code and budgets are excessive. She cited examples, stating the review of these materials should not increase their costs as they have indicated. Commissioner Deegan referred to their response as being hesitant to give an opinion of the performance of the Legal Department. He stressed this is intended to be an evaluation of the efficiency of departmental procedures, not a personal performance evaluation. Commissioners Fitzgerald and Berfield agreed and staff was directed to contact Hildebrandt to clarify this issue. Commissioner Thomas expressed concern Hildebrandt is unwilling or unable to make professional, quality judgements corresponding with the City's wishes. He strongly supported pursuing another company, or dropping this issue entirely. Consensus was for Commissioner Berfield and the City Manager to contact Hildebrandt, asking them if they feel they can do an evaluation of the Legal Department, whether or not an attorney would be used in doing the evaluation and to put their response in writing for Commission approval. b) Appointment of Community Consensus Steering Committee Ms. Rice stated it is being recommended citizens representing a cross section of the citizenry be appointed. In response to questions from Commissioner Deegan and Mayor Garvey, Ms. Rice stated Dr. Graves will be sending out a letter, asking for the Commission's concerns relating to community consensus. Consensus was to continue the appointment of the Steering Committee to Thursday's agenda. Commissioner Thomas requested an item be added to Thursday's agenda regarding Keene Road and the State Road rules. He said the State wants to give roads back to the cities and counties, resulting in the cities and counties being responsible for maintenance costs. He felt it to be in the City's best interest to reject this concept. In response to a question from Commissioner Fitzgerald, it was indicated this item is being included in the next Legislative package. Mayor Garvey stated she received a request for $20,000 from Tampa Bay Partnership. It was indicated this request would be copied to the Commission and discussed Thursday. ITEM #31 - Adjournment The meeting adjourned at 12:05 p.m.