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10/04/1993 CITY COMMISSION MEETING October 4, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, October 4, 1993 at 11:36 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 - None. ITEM #2 - Approval of Minutes - None. ITEM #3 - New Police Department Building Schedule The Police Department has outgrown its headquarters where 217 personnel are assigned. Of the building's approximately 31,000 square feet of usable space, areas serving limited purposes such as locker, line-up, lunch, property and conference rooms, total 9,000 square feet. Only 22,000 square feet is available for office space. The Department is also responsible for providing office space to representatives of the State Attorney's Office and the City's Emergency Management Coordinator. The present facility requires a $40,000 investment to repair the roof and $30,000 to harden the building against hurricane damage. Also impacting a move is the Department's pending purchase and installation of a new CADS and computer system. Installation of other related equipment, such as radio towers and the proposed microwave link, would also be affected. The Chief recommends a qualified architectural consultant be employed to evaluate the impact of implementing one of the following options: 1) keeping the current police headquarters as it is; 2) expanding the existing headquarters building; 3) building a new building or 4) renovating the existing building. The request for proposal would have the following goals: 1) evaluate all existing and proposed police facilities and report on the condition of each to include an engineering analysis with architectural and mechanical evaluation; 2) prepare a detailed space allocation study outlining current and projected space needs to include which police department programs are compatible in function and mission and 3) project the impact of all facets of police operations should two or more of the buildings be consolidated. The steps the Chief would recommend following are: 1) no later than October 18 the RFP would go out; 2) the bids would be received by December 6, 1993; 3) by the Commission meeting of January 31, a consultant would be selected; 4) the consultant would meet with the City Commission in early February of 1994 to set final goals and objectives for the project and 5) at the Commission meeting on May 11, 1994, the consultant would issue the report. The Police Chief reviewed his proposal and stated, if the Commission conceptually agrees, he would request they endorse his recommendations. He stated another issue that has come up is the possible application of the currently vacant Barnett Bank building to the Police Department's needs. He stated there is a contract pending on the building which expires October 18. He stated, if the Commission wishes to pursue this option, it would hold in abeyance his recommendations. Mayor Garvey stated she believes a new headquarters building is needed. Commissioner Fitzgerald expressed he was not prepared to make that statement. He stated the City seems to be going in a direction of abandoning everything it has. He stated the process has jumped from, "look at the building to see if we need a new one" to "needing a new one". The Mayor indicated she was not saying a building was needed immediately, but a new one was needed. Commissioner Thomas agreed with the Mayor that direction was needed. He questioned if the Barnett Bank plaza was a short-term solution. The Police Chief indicated it was a question of immediacy as the department will be out of space in the current facility within six months. Commissioner Thomas questioned the short-term use of the Barnett Bank building. The Police Chief indicated the current facility could be moved into the Barnett Bank now and, if it was found a new facility was needed and the building lent itself to expansion, it could be done on that property. The Mayor questioned the ability to meet parking needs on that property. Commissioner Thomas questioned if the Police Chief saw this as having long-range potential. The Police Chief indicated that was his position. The City Manager stated he believes the Barnett Bank building could be purchased for less than a new police department could be built. He stated there are some problems with the building; however, it is in the downtown area. He stated that due diligence was needed. Commissioner Fitzgerald questioned the size of the building. The Chief indicated it had a total of 32,848 square feet with 30,000 being usable. Commissioner Thomas questioned the ability to convert the drive-in facility. The Police Chief felt it could be converted into a sally port. Commissioner Thomas moved to adopt the Chief's recommendation, including a time-out period to allow the contract on the Barnett Bank building to expire, and should it expire, that facility be investigated prior to proceeding with the Chief's other recommendations. The motion was duly seconded. Commissioner Berfield questioned nothing being said regarding the Stepps building, which is adjacent to the Barnett Bank. It was stated this property would be needed for the Police Department, if the Barnett Bank is purchased. Commissioner Fitzgerald questioned if the consultant was going to give an opinion and look at the current building. The Chief indicated he would. Commissioner Fitzgerald questioned what action was being taken. The Police Chief indicated he had brought forward all options and he is recommending moving out of the current building. Commissioner Deegan expressed a concern regarding the motion, stating if the contract on Barnett Bank is not completed, the recommendation did not bring it back to the current situation. The Chief indicated the architect would be hired to take a preliminary look at the Barnett Bank. The Mayor indicated the motion would have the consultant look at the Barnett Bank building, if it becomes available. If not, we would go back to the consultant to review the existing facility. Commissioner Fitzgerald expressed concerns regarding not knowing if the Police Department can make do with what they have. Mayor Garvey and Commissioner Thomas stated a new police building was needed. Upon the vote being taken, Commissioners Berfield and Thomas and Mayor Garvey voted "aye"; Commissioners Deegan and Fitzgerald voted "nay". Motion carried. ITEM #4 - Oaks of Clearwater Dan Deignan, Finance Director, reported 19 people, representing nine different entities, attended a meeting regarding disposition of the Oaks of Clearwater facility. He stated this is a complicated issue, with two banks holding the mortgage and representing the life care residents in the facilities. He stated the City's involvement began in 1989 when it acted as a conduit to allow the owners to acquire the property. He stated there is no financial liability to the City. The loan was agreed to and HUD paid off the mortgage. Remaining involvement of the City is that acting as a conduit provided a reversionary interest in obtaining the property if and when the mortgage was paid off. There is a difference of opinion regarding closing on the mortgage having cut off the City's reversionary interest in the property. Mr. Deignan stated the owners are proposing to move all the residents into the Oaks Bluff building, with the exception of nursing home patients, and have done so. He stated the State of Florida would have to approve moving the nursing home to the Bluffs building. Mr. Deignan stated they are attempting to bifurcate the debt with one half of the debt being on Oak Bluffs and the other half on Oak Cove. HUD would then foreclose on the Cove building. He stated the City may be interested in bidding on the vacant building. He stated HUD has indicated they have the right to foreclose and enter the project, although they have no intent on harming the current residents of the facilities. The City Manager indicated the owners are splitting the property, assigning the debt to one of the facilities. The City would have reversionary interest in the property not foreclosed on. Paul Raymond, attorney representing the owners, stated this is a very complicated situation with conflicting interests. He stated the Department of Insurance is involved and life care contracts are also to be considered. He reported HUD has decided the downtown market is not big enough to support two buildings. The status of the Oak Cove building is up in the air. He stated it is not their intent to put the building on the market to compete with the existing building. He did not think the City's reversionary interest would survive foreclosure on the Oak Cove facility; however, there would be some interest on the Bluffs property. The City Manager stated there was a need to protect that interest. Mr. Deignan stated there was a possibility HUD could elect to foreclose on both properties. The City Manager stated the Commission may want to direct intervention in the foreclosure, in that case. Commissioner Thomas expressed concerns regarding one of the buildings going into bankruptcy and its impact on the residents. Mr. Raymond indicated no one is being deprived of to what they are entitled. Commissioner Thomas felt there should be research into uses for the building. The City Manager stated a structural review could be requested to be done by Dean Rowe. He stated the building was constructed as a life care facility and would have a limited capability. Consensus of the Commission was to direct staff to determine what possible uses there may be for the facility. The City Manager indicated he would continue to use the City's bond counsel as this is a complicated area of land law. Commissioner Berfield questioned, if bankruptcy were to take place, if the City would be notified. It was indicated they would. Mr. Deignan clarified it would not be bankruptcy, but foreclosure on the facility. The meeting recessed from 12:53 to 1:22 p.m. ITEM #5 - Promotional License Agreement with Clearwater Mall Company allowing the Department of Administrative Services to conduct an EXPO for Florida City Government Week on 10/08/93 at Clearwater Mall (AS) ITEM #6 - Declare personal property surplus to needs of the City; authorize disposal thru sealed bid sale (AS) ITEM #7 See page 6 ITEM #8 - Preferred Transportation Service Agreement with Florida Gas Transmission dated 10/01/93 (GAS) ITEM #9 - Extension of contract period from 10/04/93- 11/30/93 for installation of Gas Mains & Services to Visk Construction, Inc., Riverview, FL at a total estimated $181,575 (GAS) ITEM #10 - Extension of contract for mental health/substance abuse coverage with Professional Psychological Services (PPS), Clearwater, FL for the period 01/01/94- 12/31/94, at a total estimated $137,460 (HR) ITEM #11 - Extension of contract for non-contributory life insurance plan for full-time City employees and eligible retirees with Prudential Insurance Company of America, Tampa, FL for the period 01/01/94- 12/31/94, at an estimated $22,000 (HR) ITEM #12 - Contract for long-term disability (LTD) insurance for employees not covered by City's pension plan to CNA Insurance Companies, Orlando, FL for the period 11/01/93- 10/31/94, at an estimated $32,000 (HR) ITEM #13 - Extension of contract for basic life insurance for SAMP employees with Prudential Insurance Company of America, Tampa, FL for the period 01/01/94- 12/31/94, at an estimated $60,000 (HR) ITEM #14 - Renewal of medical insurance contract with CIGNA Healthplan of Florida under a continuation of the minimum funding arrangement for the period 01/01/94- 12/31/94 (HR) Commissioner Thomas suggested a Consent Agenda be reinstated for future City Commission meetings. Commissioner Thomas moved to approve Items 5, 6, 8, 9, 10, 11, 12, 13 and 14 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Berfield questioned why Items 10, 11, 12 and 13 were coming forward at this time. Evelyn Cone of the Human Resources Department indicated Item #12 needs to be in place by November 1. It was felt all the items should be brought forward at one time. Commissioner Berfield questioned, in Item #14, the increase of the co-payment to CIGNA to $15.00. Ms. Cone indicated this was unanimously approved by the insurance committee. Commissioner Berfield pointed out the new rates do not go into effect until January 1, 1994. Upon the vote being taken, the motion carried unanimously. ITEM #7 - Retention of outside legal counsel (Martin, Figurski, & Harrill, New Port Richey, FL) for Gas System Expansion as well as legal services for customer and service related contracts, for a sum not to exceed $50,000 (GAS) Since Clearwater Gas System (CGS) received approval from the City Commission to expand its gas system into Pasco County, CGS needs to secure interlocal and/or franchise agreements with Pasco County and the cities of New Port Richey and Port Richey. Negotiations will require outside counsel to assist staff in addressing specialized issues. Counsel will provide legal and governmental experience and support to CGS in negotiating these agreements as well as provide legal counsel for other related governmental work including customer and service contracts. The law firm, Martin, Figurski, & Harrill, was selected on the basis of experience. Gerald Figurski and Daniel Martin, former Pasco County attorneys, have both had substantial experience with local government, land use, and eminent domain issues. Mr. Figurski will be the City's principal attorney. His fee schedule is $200 per hour for principal attorney time relating to government issues and $150 per hour for routine legal work plus expenses. These rates include the related services of the firm's clerical and paralegal staff to support the principal attorney hours. The City established a not to exceed level of $50,000 for this initial agreement. Commissioner Berfield expressed concerns there was no background information regarding Mr. Figurski's experience. Commissioner Thomas indicated this was a political issue and Mr. Figurski was the most skilled attorney to deal with Pasco County. The City Manager indicated Mr. Warrington had looked at a number of firms and thought Mr. Figurski would be the most knowledgeable regarding the Pasco County situation. He stated this firm has been used in a limited capacity up until this point. Commissioner Deegan expressed concerns that $200 an hour seemed to be a high rate of compensation. Mr. Warrington indicated Mr. Figurski's office is made up of three former Pasco County attorneys and they have a good working relationship with the cities in Pasco County as well as the County itself. Commissioner Berfield questioned if they had any franchise experience. Mr. Warrington indicated they did, in working with the County government. Mr. Warrington indicated the predominance of work by the legal firm will be getting the City in the door of the Pasco agencies. Commissioner Fitzgerald thought $200 an hour was excessive. The City Manager indicated the City wanted to hire someone who knows Pasco County. He indicated, when City staff approached Pasco County two or three years ago, it did not fare very well. Commissioner Thomas indicated Mr. Figurski was a friend and was involved in his campaign. Mayor Garvey stated, from what she has heard and seen, this is the best way to go. She stated there was still a problem regarding the fee. Mr. Warrington indicated clerical and other office support is built into the hourly rate. Commissioners Berfield and Deegan indicated the agreement was not specific to that and, as long as that was understood, the hourly rate was more acceptable. It was the consensus of the Commission this would be clarified. Commissioner Deegan questioned if the rules were different for hiring an attorney. The City Manager indicated they are, as it does not fall under the competitive bidder's act. Commissioner Deegan moved to approve retaining the legal firm of Martin, Figurski, & Harrill, New Port Richey, Florida, to serve as special counsel in matters related to securing governmental approvals for expansion by Clearwater Gas System from Pasco County, the City of New Port Richie, the City of Port Richie and other related governmental agencies, as well as legal services for customer and service related contracts for a sum not to exceed $50,000, with the understanding the letter of agreement will include clarifying the back room support is covered by the price of the attorney's fees and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15 - Purchase of 19 radios, 14 hand-held radios & 5 mobile radios from Ericsson General Electric Mobile Communications, Inc., Lynchburg, VA, for $38,709 (PD) This purchase will enable the Police Department to enhance operations during emergency management mobilizations such as civil disturbances and natural disasters, to augment existing supplies needed for temporary loan to agencies assisting Clearwater during concurrent investigations, and for emergency use by dispatchers in the event of console failure. The new radios will improve field commanders' communication capabilities, permit the installation of radios in five, currently unequipped, detective cars, and will provide the Department with reserve inventory if radio equipment is destroyed by a catastrophe. This purchase will not impact the Department's involvement in the proposed, county-wide, radio system estimated to be operational in 1995. Commissioner Berfield questioned if this equipment should be purchased if the County-wide system will use Motorola. Chief Kline indicated only a limited amount of Motorola equipment would be needed for the City to participate in the County system. Commissioner Thomas moved to approve for the purchase of 19 radios, 14 hand-held radios & 5 mobile radios at a cost of $38,709.00. The motion was duly seconded. Commissioner Fitzgerald questioned if the County was still working on their interface. Chief Kline indicated the County is going out for an RFP from both General Electric and Motorola. Upon the vote being taken, the motion carried unanimously. ITEM #16 - Grant from Clearwater Housing Authority (CHA) in the amount $177,290 (PD) The Police Department worked closely with the Clearwater Housing Authority (CHA) to obtain funding through the Public and Indian Housing Drug Elimination Program of the US Department of Housing and Urban Development (HUD). As a result, the Police Department has been awarded $177,290 to expand its Community Policing efforts beyond Condon Gardens, to Homer Villas and Fulton Apartments for the period of October 1, 1993 through September 30, 1994. This grant provides funding for salaries and benefits for three additional police officers and the purchase and operation of one fully equipped police cruiser, as well as related equipment, supplies and activities. Accordingly, the Chief of Police is requesting authorization to accept this grant and to amend the Police Department's FY 93/94 first quarter operating budget to add three additional Police Officer positions, and one police cruiser with associated garage charges, and other related expenditures, on a reimbursement basis, for the duration of the grant period. Commissioner Fitzgerald questioned what happened if the grant was not renewed. Chief Kline indicated they would look for additional funding from HUD, or from the City Commission. If funding was not approved, the number of officers would be reduced through attrition. Commissioner Fitzgerald expressed concern it was hard to back down from positions in the Police Department. Commissioner Thomas expressed concern, while the Police Department has been successful in solving this problem, social service agencies need to complete the circle by getting people back into the work force. Mayor Garvey stated the Housing Authority was one of the first agencies to bring social services onto housing property. She referenced other programs, such as King's Kids and Project Self-Sufficiency, that are doing what Commissioner Thomas is talking about. She indicated there are certain rules HUD has provided, over which, the City has no jurisdiction. Commissioner Thomas stated he was simple saying, while the Police Department is doing a good job, many people are not getting back into the mainstream of society. The Mayor suggested the Housing Authority provide a report. Commissioner Thomas requested information on how to solve the problem. The Mayor suggested the report be received first. Commissioner Berfield suggested the officers be told this is a one-year grant when they are being hired. Chief Kline indicated junior officers would not be placed in this program, but that attrition would reduce the number of officers throughout the Police Department. Commissioner Fitzgerald expressed concerns regarding attrition not addressing the problem. Commissioner Berfield moved to accept a grant from the Clearwater Housing Authority in the amount of $177,290. The motion was duly seconded and carried unanimously. ITEM #17 - Police Hiring Supplement Program (PD) Chief Klein has reviewed the criteria for the grant offered by the U.S. Department of Justice, Office of Justice Programs, "Bureau of Justice Assistance," for the Police Hiring Supplement Program. Chief Klein feels this grant would offer an appropriate way to add police officers to the community policing program, specifically the Greenwood Neighborhood Patrol. The program goals reflect the City's philosophy of community policing as related to crime prevention, promotion of problem solving skills, and the enhancement of public safety. If it is the consensus of the City Commission, the Police Department will show a public safety need and a clear strategy for a community policing coordination/inter-action plan. The Police Department's proposal is focused on expanding the existing Greenwood Neighborhood Patrol coverage by adding one police sergeant and five police officers. According to grant stipulations, the City will be required to commit to this program by: 1) paying for a share of the officers' salaries and benefits over a three year period; 2) provide a continuation and retention plan describing how the City intends to continue the program and retain the positions created with the program's funds following the conclusion of the grant period; and 3) a budget and budget narrative identifying salary and fringe benefit costs. In addition, any other sources of funding, or lack thereof, must be included and explained. It is anticipated this program would have a budget impact of approximately: $104,166 the first year; $107,291 the second year; and $110,509 the third year. After the third year, the City would have to commit to the program's continuation at an estimated annual cost of $300,000. Police Chief Kline indicated a policy decision is needed to go forward with this grant. He indicated the difference between this grant and the one in the previous item was that this one requires a cash match and, if the grant is awarded, the City is obligated to continue the program after the three-year grant period is expired. Commissioner Fitzgerald questioned if it was possible to get fewer than six officers. The Police Chief indicated six was his recommendation. Commissioner Thomas questioned how long after the three years the program would have to be continued. Chief Kline indicated it only referenced that it must be continued; it did not give a time frame. Commissioner Thomas questioned if it was possible to use the grant monies as a replacement for funds for existing officers. Chief Kline indicated that was not allowed. He indicated, by allowing this number of officers, the North Greenwood substation could go to 24-hour deployment. Commissioner Thomas stated, if it was found that all the officers were not needed, they could be redeployed to other areas of the City. Commissioner Fitzgerald stated this item and the previous one resulted in nine additional police officers. Mayor Garvey stated this Commission was in a dilemma, because if they receive the grant, they get the money, not the officers. Chief Kline asked for an opportunity to compete for the grant and, if he was successful, the Commission did not have to accept it. Commissioner Thomas moved to authorize the Police Chief to apply for the Police Hiring Supplement Program grant. The motion was duly seconded. Commissioner Deegan expressed concern that to make this commitment now would be foolhardy. Commissioner Fitzgerald stated that was the reason he had raised his questions about the long-term commitment. Commissioner Thomas stated it would reduce the front side cost. Commissioner Fitzgerald questioned what it would take to accommodate the additional officers in the budget. It was indicated $104,000. The City Manager indicated it would either increase the budget by that amount, or the budget would have to be reduced elsewhere. A question was raised regarding if the City applies for the grant, whether or not it was committed to accepting it. The City Manager indicated there would be a lot of work in an effort to apply. Mayor Garvey agreed with Commissioner Thomas that the police officers were needed and the need for police officers would not improve. Commissioner Berfield stated she was having a problem committing to the program without knowing to what she was committing. The City Manager indicated if the grant is accepted, the program would have to continue and there would have to be budget cuts elsewhere in the budget, or taxes raised. Commissioner Fitzgerald stated he felt the City was getting to a saturation point regarding taxes. Commissioner Thomas felt, by taking the grant it would be reducing police costs by 66 percent for the first three years. Chief Kline indicated accepting the grant does commit the City to continue the program but does not prohibit cuts to be made elsewhere. Upon the vote being taken, Commissioners Berfield and Thomas and Mayor Garvey voted "aye". Commissioners Fitzgerald and Deegan voted "nay". Motion carried. ITEM #18 - Extension of contract for copier services with Pitney Bowes, Inc., Tampa, FL, for the period 11/01/93- 10/31/94, at an estimated $84,000 (PIO) ITEM #19 - Contract for 3/4 #57 Aggregate to Florida Crushed Stone Co., Leesburg, FL, for the period 10/01/93- 09/30/94, at an estimated $32,068.80 (PW) ITEM #20 - See page 11 ITEM #21 - Continuation of Clearwater Pass Bridge Monitoring Program with Kisinger, Campo and Associates, for the period 10/01/93- 09/30/94, for $86,000 (PW) ITEM #22 - CO #3 to 1992 Sidewalk Replacement Contract to MTM Contractors, Inc., Pinellas Park, FL, increasing the amount by $12,801.60 for a new total of $219,744.43 and extension of 90 days to contract time (PW) ITEM #23 - Ratify emergency work by approval of CO #1 to Marshall Street South Interceptor Sewer Replacement, Phase 2 to Rowland, Inc., Pinellas Park, FL, increasing the amount by $28,041 for a new total of $613,676 (PW) ITEM #24 - See page 11 ITEM #25 - Annual contracts to purchase miscellaneous cast iron master/valve boxes, lids, etc. from Sunshine Foundry, St. Petersburg, FL, at an estimated $41,645.50 and from Opelika Foundry Co., Opelika, AL, for an estimated $5,946, for the period 10/08/93- 10/07/94, for a total estimated $47,591.50 (PW) Commissioner Thomas moved to approve items 18, 19, 21, 22, 23 and 25 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The meeting recessed from 1:25 to 2:31 p.m. ITEM #20 - Declare as surplus for subordination to FDOT the City's easement rights & interests in two parcels of land, Parcel 112.02 and Parcel 134.02; Res. #93-55 - authorizing City Manager to execute subordinations of utility interests documents w/FDOT (PW) The Florida Department of Transportation (FDOT) is proposing to make improvements to U.S. 19 from State Road 60 to the CSX Railroad. The project includes an overpass at Drew Street, frontage roads and intersection improvements. The City of Clearwater has a five-foot sanitary sewer easement and a blanket water main and gas main easement over, under and across an 8,539 square-foot triangular parcel along the west side of U.S. 19, just south of its intersection with Drew Street and a ten-foot sanitary sewer easement and twenty-foot drainage and utility easement and a blanket water main and gas main easement along the south side of Drew street, just west of its intersection with U.S. 19. In order to facilitate improvements to U.S. 19, FDOT is requesting the City subordinate its easement right and interests in these parcels. The subordination agreements contain provisions for FDOT to pay to have the City's facilities relocated, if necessary to prevent construction conflicts. The City Manager presented Resolution #93-55 and read it by title only. Commissioner Berfield moved to adopt Resolution #93-55. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #24 - Purchase of residential parcel located at 800 Mark Drive, Lot 18, DRUID ESTATES, from Lenore B. Johnson for $65,000 plus costs of termite inspection and recording fees estimated at $40, for an estimated total of $65,040 (PW) The Stevenson's Creek Phase II improvement project requires widening the creek bed and bridge reconstruction where Druid Road crosses the creek. This parcel on the Stevenson's Creek's east side will be used for construction staging, access to the construction site, and permanent creek improvements. The seller will provide the City with a title insurance policy and pay customary seller expenses of approximately $1,000. The City will pay approximately $40 for a termite inspection report and fees to record the deed. William Baker, Public Works Director, indicated this property would be needed no matter which option is pursued for the final Stevenson's Creek project. Commissioner Fitzgerald questioned what happened to the house on the property. Mr. Baker indicated, if it was moveable, it would be offered for sale or to a social service agency. The City Manager indicated the City usually donates this type of structure for housing in the North Greenwood area. Commissioner Thomas moved to approve the purchase of the residential parcel located at 800 Mark Drive for the Stevenson's Creek Phase II improvement project for $65,000 plus costs for a termite inspection and recording fees and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #26 - Contract for demolition of the west half of the east end of the old Clearwater Harbor Bridge, for a lump sum amount of $254,000 (PW) The removal of old bridge sections from the western end of State Road 60 was approved by the Commission in response to a recommendation by the engineering firm, Kisinger, Campo and Associates (KCA). Staff has received KCA reports dated May 27, and July 13, 1993 that address the structural integrity of the two old bridge sections at the eastern end of State Road 60. The easternmost bridge section currently operating as a fishing pier is structurally sound but needs cosmetic and superficial repair. This work will be accomplished routinely. The other bridge section, which has been closed, is dilapidated and dangerous. KCA reports "this entire pier still imposes a serious hazard for boaters and/or swimmers who may be under or adjacent to this structure due to falling concrete or possible collapse at any time." KCA recommends the City either remove the pier or wrap it in fencing. The Environmental section of the Public Works Department has obtained emergency-type removal permits from all necessary parties. Commissioner Thomas moved to approve the demolition of the west half of the east end of the old Clearwater Harbor Bridge. The motion was duly seconded and carried unanimously. ITEM #27 - Rental Agreement with Dr. Paul and Betty Jean Brown for City-owned property at 1171-1175 Cleveland Street, with rent set at $1,000 per month for August, September and October, 1993, with tenant having option to extend occupancy through 12/31/93 at the same monthly rent (PW) On September 7, 1990, the City purchased real property at 1171-1175 Cleveland Street from Dr. Paul Brown and wife, Betty Jean Brown for $350,000. The City also entered into a Lease Agreement with the sellers allowing them to continue to occupy the property for 28 months thereafter at an annual rental of $1 per year. That lease expired January 3, 1993. Early in 1993, the Browns entered into negotiations with the Economic Development Office to attempt to purchase the CETA building at 1180 Cleveland Street from the Community Redevelopment Agency (CRA). A lease/purchase offer submitted by the Browns of $285,000 for the property was rejected by the CRA at its April 19, 1993 meeting. At that point, negotiations for the purchase of the CETA property ended In April, the City sent the Browns a proposed month-to-month lease for the 1171-1175 property with fair monthly rent calculated at $1,850 per month. The Browns rejected the proposal. The Browns' offer to continue renting under the original $1 per year lease until Fall 1993 was rejected by the City. On June 25, 1993, the City sent the Browns a letter summarizing activity regarding the CETA property negotiations and occupancy of the 1171-1175 Cleveland Street property with a demand they start paying rent or vacate the property by August 1, 1993. On September 7, 1993, the Browns signed the Rental Agreement. Their check for $2,000, received on September 9, 1993, was to cover August and September 1993 rent under terms of the Rental Agreement. An additional $1,000 rent payment is due October 1, 1993. Under terms of the Rental Agreement, the Browns may continue to rent the property through December 31, 1993 upon timely payment of rent of $1,000 per month. The City Manager reviewed the history of the property, stating when the City purchased it, they agreed the Browns could stay for a certain period of time. He stated negotiations have been ongoing and the City has finally said to pay rent or the Browns are to move. Commissioner Thomas questioned what the plans were for the property. The City Manager indicated it was part of the Annex property. Commissioner Deegan questioned the original proposal that the rent be $1,850. The City Manager indicated the $1,000 figure was the best they could negotiate. Commissioner Deegan requested the agreement be changed to require that they pay the rent for five months with no option regarding November and December. Commissioner Thomas moved to approve the lease with the City Manager having authority to evict the tenants for non-payment. There was no second. Commissioner Berfield indicated she would rather see them tied in through the month of December. Commissioner Deegan moved to approve the rental agreement between the City and Dr. Paul Brown and wife, Betty Jean Brown for the City-owned property at 1171-1175 Cleveland Street, with rent set at $1,000 per month from August through December of 1993 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to grant the City Manager the right to continue to extend the lease beyond December 1993 on a month-to-month basis at $1,000 per month, with the City Manager having the right to evict the tenants for non-payment. The motion was duly seconded. Commissioner Fitzgerald stated he felt the City was in the position that is should get out of the property what it could. Mayor Garvey questioned whether or not the tenants would be willing to go on a month-to-month basis. It was indicated this was not known. Commissioner Berfield requested the lease include their paying taxes. Elizabeth Deptula, Assistant City Manager, indicated they are already paying taxes. Commissioner Deegan expressed concern being on a month-to-month basis, the eviction process would be ineffective. The City Attorney recommend the Commission establish language that if the Browns wish to occupy the building in January, that payment be received by January 1. Commissioner Thomas stated he thought the Commission was giving the tenants a reasonable price to stay in business. Mayor Garvey had no problem with continuing the lease as long as there was no City use for the property. The City Manger recommended having a mutually agreed upon month-to-month lease with the City Manager being able to give notice when the City wishes the property to be vacated. The City Attorney indicated this would be considered a counter offer to the Browns. Commissioner Deegan questioned what had been written in ink on the second page. The City Manager indicated they have the right to take things out of the building based on the sale of the property to the City. Commissioner Thomas withdrew his motion. The seconder agreed. It was the consensus of the Commission to agenda this issue for the Thursday night meeting. ITEM #28 - (Cont. from 09/16/93) Highland Ave. Widening Project/McMullen Booth & Marlo Blvd. (PW) Commissioner Fitzgerald requested this item be continued until October 7, 1993 so the public could be present. Commissioner Thomas moved to continue Item #28 to the City Commission meeting of October 7, 1993. The motion was duly seconded and carried unanimously. It was pointed out that Item #28 actually included two issues; the Highland Avenue widening project and the problem regarding Marlo Boulevard being the only access a subdivision has to McMullen Booth Road. Commissioner Berfield moved to reconsider Item #28. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to continue the portion of the item regarding Marlo Boulevard until the City Commission meeting of October 7, 1993. The motion was duly seconded and carried unanimously. The necessity for widening Highland Avenue was questioned at the City Commission budget session on Capital Improvement Projects. The Public Works Department's highest priority widening project was Highland Avenue with plans for: 1) a four lane cross-section between Gulf To Bay Boulevard and Palmetto Street; 2) a five/four lane divided cross section between Palmetto Street and Sunset Point Boulevard and 3) a four lane section between Sunset Point Boulevard and Union Street. Pinellas County transferred the Keene Road extension between Gulf To Bay Boulevard and Sunset Point Road into its FY 95/96 work program. Keene Road could conceivably handle the traffic Highland Avenue was projected to receive. It is possible to scale back the Highland Avenue improvement project to a three lane cross section, with intersection improvements and improved corner radiuses. This change would considerably downscale right-of-way acquisition requirements and storm drainage retention an treatment requirements. Staff believes the project remains necessary. Lane constrictions and tight turn radiuses obstruct smooth flow at intersections. A three lane section would allow left turning vehicles to proceed out of traffic thereby reducing delays and the probability of rear end collisions. Pedestrian and bicycle safety would also be enhanced. William Baker, Public Works Director, indicated if the scope of the project is reduced, it is believed the City can save $3 to $4 million. He stated if the County follows through and widens Keene Road, and Highland is widened to three lanes, it will provide the north-south capacity needed. The Mayor stated the Commission needed to be sure the County would build Keene Road. Mr. Baker indicated the County has convinced the Public Works staff that they will. The City Manager indicated the project could be on hold; however, he felt the biggest thing was that staff felt it no longer needed the four and five lane configuration. Mr. Baker indicated, if the County did not construct the widened Keene Road, the City would not have lost anything and they would still have a better road. Commissioner Thomas moved to approve amending the Highland Avenue widening project to be three lanes with a center turn lane. The motion was duly seconded. Commissioner Berfield questioned if Keene Road were built, would Highland Avenue stay at a level of service "C" in its present configuration. Peter Yauch, Traffic Engineer, indicated at certain intersections, Highland Avenue has a level of service of "F". The City Manger indicated that Dunedin is not planning on making any improvements. He stated Keene Road runs all the way to the north county and that would be the thoroughfare. Commissioner Thomas questioned if the City did nothing to Highland Avenue and Keene Road were improved, what level of service Highland Avenue would attain. Mr. Yauch indicated it would attain a level of service "C", but not at the intersections. Commissioner Thomas questioned if it would be cheaper to just address the intersections. The Mayor indicated Highland Avenue does have problems. Mr. Yauch indicated the north end may not need to be addressed immediately. He also indicated, by the time the intersections were done, it would be better to go back and do the whole road. Upon the vote being taken, the motion carried unanimously. ITEM #29 - (Cont. from 09/16/93) Contract for professional engineering services re: Dunedin Pass project to Coastal Technology Corp., Vero Beach, FL, authorize performance of Phase I activities for a cost not to exceed $88,023 (PW) On July 13, 1993, the City Commission sat as the Ranking Committee for the Dunedin Pass engineer selection procedure and ranked Coastal Technology Corp. of Vero Beach, Florida as its first choice for awarding an engineering contract. A contract was structured to separate all consulting activities into three distinct sequential phases that will each include the scope of work, a project schedule and compensation schedule, and a budget. Each item for Phase I activities is detailed in the initiating agreement which sets a fee schedule of hourly rates for Coastal Technology and their other team participants, and identifies $88,023 as a not-to-exceed cost. At the appropriate authorizing date for Phases II and III, each item will be identified and approved in writing. Coastal Technology originally estimated a total cost of services at $400,000. The exact amount of services and fees associated with each subsequent project phase will be influenced by the results of the preceding phase and will be exactly identified at the time of authorization. Phase I activities are to be completed within 90 days of authorization; Phase II within 90 days and Phase III an estimated eighteen months. Mr. Baker indicated the work by Coastal Technology is to be in stages. Phase I is very specific and will determine the probability of obtaining the permits for opening Dunedin pass. Phase II will cost approximately $90,000 and will be the preparation for the permit application. Phase III will take up the remainder of the $400,000 estimate and will be the actual permitting process. Mr. Walther will be accountable for all his time and Phase I may not cost the entire $88,000. Michael Walther, of Coastal Technology, agreed with Mr. Baker, stating Phase I focus will be to address, right up front, the public benefit of opening the pass. Commissioner Fitzgerald expressed opposition, stating he felt the City was beginning an open-ended contract, the crux of which will be to deal with the State in a legal manner in order to get them to approve the permits. He referenced a provision for litigation in the project. He stated, in the past, the County has been dealing with this project and eventually abandoned it based on the cost and the lack of probability of success. He felt eventually the City would be asked to spend more than the $400,000 estimated. He did not want to see the City spend this money for a project that, in all likelihood, would not be approved. He stated Phase III, the permitting process, is the area in which the County got bogged down; they were requested to provide more and more information until they finally gave up the project. He stated three of the consultants interviewed in the selection process gave less than a 50 percent probability the permits could be obtained. He indicated he felt Mr. Walther was hired because he told the Commission what they wanted to hear. Mr. Baker indicated, if litigation is needed, the project will cost more. He stated there are already members of the team involved in that process. Commissioner Deegan moved to award a contract for professional engineering services related to the Dunedin Pass project to Coastal Technology Corporation of Vero Beach, Florida, and authorize performance of Phase I activities for a cost not to exceed $88,023.00 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Deegan reminded the group one of the reasons for their long hours was they continue to go back and debate issues that have already been decided. He stated today's item is to put into effect something already approved. He stated there is $300,000 in the budget for this project. He felt the project should continue to move forward and the Commission not try to redebate it. Commissioner Fitzgerald stated the Commission adheres to not redebating issues only on a selective basis. He felt the City was starting something that would be extremely costly and he did not believe would be successful. He stated the record reflects the comments made prior to the motion being passed. Commissioner Berfield questioned if it was correct that the Commission was approving the contract and authorizing Phase I. Mr. Baker indicated this was correct. She questioned when Phases II and III would be implemented. Mr. Baker indicated the time frames are the same as originally proposed, but they have slipped a bit. He indicated, as the consultant wanted to do some sampling during warm weather, a purchase order for same was approved by the City Manager. Commissioner Berfield pointed out the County has done a considerable amount of work on this and questioned if the City had access to that information. Mr. Baker indicated it was available in the Public Works Department. Mayor Garvey questioned if this item was for $88,023. Mr. Baker indicated the contract was being approved to be released in phases. Mayor Garvey questioned if it had to include litigation. Commissioner Deegan pointed out that was part of the original motion. Commissioner Thomas stated the phasing of the project indicates this is the correct firm to have this contract. He stated Coastal Technology has the best interest of Clearwater at heart. Ray-Paige indicated there is some misunderstanding regarding what the County did. She indicated Dr. Dean has indicated there is no way the pass would remain open and it would not help clean the harbor. She stated the County did all the studies needed and it was still not enough for the State to give approval. She reported the County had already spent close to $1 million before it abandoned the project. She stated opening the pass would merely provide boat access and it was not in the public interest to open the pass. Upon the vote being taken, Commissioner Berfield, Thomas and Deegan voted "aye"; Commissioner Fitzgerald and Mayor Garvey voted "nay". Motion carried. ITEM #30 - (Cont. from 09/16/93) Cable Consultant Contract (CM) Rice, Williams Associates, cable television consultant, has proposed a contract which includes the scope of services previously approved by the City Commission. Commissioner Thomas expressed concerns regarding there being no dollar amount. Commissioner Fitzgerald questioned what the maximum potential cost would be. Elizabeth Deptula, Assistant City Manager, indicated a range has been proposed in the cost of services, which is attached to these minutes as Exhibit A and it will depend on the level of services provided. She stated there is a commitment from Pinellas Park and the County to share in the cost. Commissioner Thomas moved to approve the Contract with Rice, Williams Associates for consulting services regarding cable television services. The motion was duly seconded and carried unanimously. ITEM #31 - Filing of FCC Form 328 to provide local regulation of basic cable service rates and FCC Form 329 to trigger FCC review on non-basic service tiers (CM) The Federal Communications Commission (FCC) recently released forms to implement sections of the Cable Television Consumer Protection and Competition Act of 1992. Form FCC 328, "Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition," will permit the City to initiate cable rate regulation of the basic service tier. This filing will indicate the City's intention to adopt within 120 days of certification and administer regulations consistent with FCC regulations. Form FCC 329, "Cable Programming Service Rate Complaint," will request the FCC to exercise jurisdiction over the non-basic tier of rates. Refunds accrue only from the date of filing the complaint, so timely filing would maximize potential refunds. Pay-per-channel and pay-per-view services are exempt from rate regulation. Commissioner Fitzgerald questioned the timing for the filing. Ms. Deptula indicated the filing could not occur before September 1, 1993. John Williams, of Rice, Williams Associates, indicated for Form 328 there is no cutoff date; however, the more quickly it is certified, the more quickly the City can begin to regulate the rates. Regarding Form 329, he indicated we have until the end of February, 1994 to deal with the rates in effect by September 1, 1993. After February of 1994, this form will be used only to review rate increases. Commissioner Fitzgerald questioned the cost to file the forms. Mr. Williams indicated they had to be sent by registered mail. Commissioner Deegan questioned Form 329 being called a complaint form and questioned if the City was saying they believed Vision Cable's rates were unreasonable. Mr. Williams indicated the form can be filed for the community at large, or wait until someone requests it. He stated if the City files the form now, rebates will be allowed from the time it was filed, should the rates be found to be unreasonable. Mayor Garvey questioned if the form would be filed if only one person complained. Mr. Williams indicated it would. Mayor Garvey expressed concerns as she thought the City of Clearwater had one of the lowest cable rates in the country. Commissioner Fitzgerald asked if anyone has complained. Ms. Deptula indicated not on the next tier of services. Mr. Williams indicated filing the complaint does not change the rate until the FCC decides what the rate should be. As long as the company's rates are at the benchmark or below, there will be no adjustment to the rate. Ms. Deptula reiterated filing the form simply triggers the review process. Commissioner Berfield questioned if a citizen could file Form 329. Mr. Williams indicated the City can, as the franchising authority, or any citizen may file the form. Commissioner Berfield questioned, if the City files the form, can a citizen continue to file. Mr. Williams indicated, if the FCC has reviewed the rates and found them to be okay, the rates would not change based on a citizen complaint. A letter would be issued that the complaint has been dealt with. Ms. Deptula indicated if the City receives a complaint, a letter can be issued saying the City has already filed the form. Commissioner Thomas moved to approve the filing of FCC Form 328 to provide local regulation of basic cable service rates and FCC Form 329 to trigger FCC review of non-basic cable service tiers and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #32 - Discussion re: offer from Hillsborough County Environmental Lands Acquisition and Protection Program (ELAPP) to purchase City-owned property west of Patterson Road for $1 million with 20 percent of the price to be allocated toward site restoration (CM) During the early 1980's, the City purchased approximately 903 acres in Hillsborough County for the disposal of sludge produced by the City's wastewater treatment plants. Funds for the purchase were provided by Sewer System Revenues, Utility Revenue Bonds and Sewer Tap (Impact) Fees. Since the City stopped spreading sludge in 1991, Clearwater has no further use for the property. The Commission approved an agreement with Frank Blandford of Tourtelot Brothers, Inc. to represent the City in nominating the property to the Hillsborough County Environmental Lands Acquisition Program (ELAPP). In September 1992, the Commission discussed the need to enhance the areas environmental sensitivity via site restoration and agreed to offer Hillsborough County approximately $100,000 for restoration. The City had King Engineering perform a Phase I environmental audit and submitted it to Hillsborough along with an independent property appraisal performed by the Centerline Group in March, 1992. The original purchase price of the nominated parcel (Parcel E) was $1,773,000. The appraisal report indicated the fee simple market value is $2.3 million. Hillsborough has offered to purchase the property for $1 million with 20 percent allocated for site restoration. Elizabeth Deptula, Assistant City Manager, indicated $3.4 million was paid for the entire Hillsborough parcel. She stated some of it has been traded to a private party. The City Manager indicated he is also out for appraisals on an additional 20 acres of land which he intends to bring forward for sale shortly. Frank Blandford indicated SWFWMD is looking at this as a preservation area. He stated they are anticipating purchasing 400 acres of the 900 owned by the City. Kurt Gremley, representing Hillsborough County ELAPP, stated this is a Class B site and would be considered an extension of the Brooker Creek preserve. He stated an advisory committee made the recommendation of what to offer the City. Mayor Garvey questioned if it would be worthwhile to wait for an increased price. Commissioner Thomas expressed concerns the City had paid $1.7 million plus for the property and Hillsborough was only offering to purchase it for $1 million. Commissioner Fitzgerald indicated they were also stating that $200,000 of that $1 million would go back to the land for restoration. Commissioner Thomas felt the City could hold onto the land and let it appreciate. Mayor Garvey agreed the basic premise was if the City does not sell it, they have not lost anything. She stated, however, she would like to have the area environmentally protected. Ms. Deptula indicated the City could make a counter offer for Mr. Gremley to take back to Hillsborough County. Commissioner Thomas moved to approve selling the property for $2.3 million, its appraised value. The motion was duly seconded. The City Manager pointed out Hillsborough has two to three times more property nominated for acquisition than they have money. Mr. Gremley stated one of the things in the City's appraisal was that sewer and water would be available to the property within five years. He indicated Hillsborough County has reported this will not be so and this may affect the value of the property. Mayor Garvey agreed the price should be more reasonable but she did not want to give the property away. Mr. Blandford indicated there had been three appraisals. The City's appraisal did not differentiate between wetlands and developable lands. The Hillsborough County appraisal did. He stated there are no plans for infrastructure improvements for that area and the land may not appreciate quickly. Commissioner Thomas stated if the land were privately owned, they would get the price they were asking for it. He stated the taxpayers of Clearwater paid $1.773 million dollars and they should be receiving more than that for their investment. Mayor Garvey suggested the City offer what it had paid for the property. Commissioner Thomas indicated he would not amend his motion. Mr. Gremley indicated the property could be enjoyed by Clearwater residents as it would be available to all citizens. Upon the vote being taken, Commissioners Thomas and Fitzgerald voted "aye"; Commissioners Berfield and Deegan and Mayor Garvey voted "nay". Motion failed. Commissioner Berfield stated she did not feel the City could obtain its appraisal price. She stated, in the counter offer, they needed to take into account that 20 percent of the purchase price was to be allocated for restoration of the property. Commissioner Berfield moved to counter offer to sell the property to Hillsborough County ELAPP for $2 million. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield and Deegan and Mayor Garvey voted "aye"; Commissioners Thomas and Fitzgerald voted "nay". Motion carried. Commissioner Berfield moved to clarify the motion, that $200,000 would be set aside for restoration of the property and the City would receive $1.8 million. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield and Deegan and Mayor Garvey voted "aye"; Commissioners Thomas and Fitzgerald voted "nay". Motion carried. ITEM #33 - (Cont. from 09/16/93) Sun Bank Building (CM) At its October 4, 1993 meeting, the CRA voted to recommend the City Commission sell the Sun Bank building (Atrium) to Walter T. Krumm Ventures, Inc., for $6.45 million with the buyer paying all closing costs; closing to occur in a maximum of 60 days, with a contract and $100,000 good faith deposit to be executed within ten days with the deposit being non-refundable. The CRA also gave an option to the purchasers of the building to purchase the CRA portion of the garage at the appraised value at the time at which the option is exercised; the option to last two years. Commissioner Berfield moved to accept the CRA recommendation and for City staff to take the appropriate action. The motion was duly seconded. Commissioner Fitzgerald expressed opposition, stating they were giving away a half million dollars of the taxpayers' money. He stated the property is valuable to the City and it should be used for the purpose for which it was purchased. He felt it was a big mistake to sell the property. Commissioner Thomas indicated the City would have spent money to renovate and landscape the building. He stated the City has been receiving revenue from the building during the time it has been owned by the City and the City is coming out further ahead. He stated the contract is clean and the City is not losing anything. Mayor Garvey stated the point was, if the building had been used as a City Hall, the Commission would not now be considering building a $10, $12 or $15 million City Hall. Upon the vote being taken, Commissioners Berfield, Thomas and Deegan voted "aye"; Commissioner Fitzgerald and Mayor Garvey voted "nay". Motion carried. The City Manager indicated the current management company for the building needed to be given some kind of notice. It was stated nothing should be done in regard to the management company until the contract and $100,000 deposit is received. The City Manager reported two of the tenants are financially strained; American Computers and First National Bar. Commissioner Thomas moved to direct the City Manager to take reasonable action to collect whatever it could from the two lessees. The motion was duly seconded. Commissioner Berfield questioned if there was any recourse on the management company as the City should have been informed of this. Staff will research. Upon the vote being taken, the motion carried unanimously. The Commission recessed from 4:40 to 4:50 p.m. ITEM #34 - (Cont. from 09/16/93) Long Center Board of Directors - 1 appointment (CLK) Commissioner Fitzgerald moved to reappoint Gary Giordano. The motion was duly seconded and carried unanimously. ITEM #35 - (Cont. from 09/16/93) Town Meeting Schedule (CM) The Clerk Department has proposed the following schedule for 1993-1994 Town Meetings: October 19, 1993, Martin Luther King Center; November 16, 1993, Morningside Recreation Center; March 22, 1994, Memorial Civic Center and April 19, 1994, Countryside Library. The dates recommended for the October and November meetings are based on input from the North Greenwood and Morningside Meadows associations. As the Commission will recall, last year's dates conflicted with North Greenwood's schedule for other meetings and the date in November conflicted with the Thanksgiving holiday. The Morningside Meadows association prefers the November Town Meeting be held November 30, but indicated November 16 would be acceptable. Due to a conflict with the Downtown Development Board (DDB), the recommended date is November 16. Both the March and April meetings were moved up one week in order not to conflict with DDB. Commissioner Berfield indicated she had a conflict with the October 19 date. The Clerk will return Thursday night with an alternative date. Commissioner Thomas moved to approve the November 1993, March and April 1994 meetings dates and places. The motion was duly seconded and carried unanimously. ITEM #36 - Extension of contract for 35mm micrographic services, including amendments, with Micro Image, Inc., Tampa, FL for the period 10/01/93- 09/30/94, for a total estimated $17,000 (CLK) In January of 1991, the Commission approved a purchase order to Micro Image, Inc., to provide 35mm micrographic services in conjunction with the city-wide vital records protection and microfilming program. The bid provided for up to three renewal periods. This represents the third and final renewal. This item will be rebid next year. In August of 1991, the purchase order was amended to add a line item for 35mm silver duplicate roll and in August of 1992, was amended to add a line item for alphabetizing microfiche. These amendments were added to provide an additional security roll, under certain conditions, and to alleviate City staff from spending many hours sorting thousands of fiche. Micro Image, Inc. has agreed to extend the contract with no increase in price. Commissioner Thomas moved to extend the contract including the amendments with Micro Image, Inc. The motion was duly seconded and carried unanimously. ITEM #37 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #38 - Other City Attorney Items a) Legal Department Computers - continued. ITEM #39 - City Manager Verbal Reports a) National League of Cities Conference - 12/02/93 The National League of Cities Conference (NLC) is being held in Orlando beginning December 2, 1993. December 2 is a City Commission date and it was questioned whether or not the Commission wished to cancel or reschedule this meeting. Commissioner Deegan questioned how many Commissioners were planning on going to the conference. The Mayor indicated some members would go if there were no Commission meetings. No Commission member indicated plans to travel to Orlando on December 2, but rather would attend the conference beginning on December 3. There was no change to the City Commisison meeting date. The City Manger stated the NLC is requesting a voting delegate. Commissioner Thomas moved to appoint Commissioner Fitzgerald as the voting delegate with Mayor Garvey as the alternate. The motion was duly seconded and carried unanimously. b) Setting Meeting dates The City Manager reported there is a need to set special meetings for considering sign variances. It was also requested a joint meeting with the Planning and Zoning Board be scheduled to discuss the alcoholic beverage code. There was some question regarding a date in October available for sign variances and the Commission is to make sure they have their calendars to schedule this on Thursday night. The City Clerk requested an additional meeting be scheduled as there is a significant backlog in sign variance cases. Consensus was to schedule a meeting in November. The meeting was scheduled for November 9, 1993 at 10:00 a.m. A joint meeting with the Planning and Zoning Board was scheduled for November 16, 1993 at 12:30 p.m. ITEM #40 - Commission Discussion Items - a through r were continued a) (Cont. from 08/30/93) Commission Rules b) (Cont. from 09/16/93) N. Greenwood Association request re: Plaza Park c) (Cont. from 09/16/93) Naming and renaming of parks d) (Cont. from 09/16/93) Seville/ZOM Development e) No item. f) (Cont. from 09/16/93) State transfer of roads to local governments g) (Cont. from 09/16/93) Keene Road h) (Cont. from 09/16/93) Citizen volunteers i) (Cont. from 09/16/93) Removal of art colony signs j) (Cont. from 09/16/93) Rare environmentally sensitive land k) Water Treatment l) Public Libraries re: # of items checked out m) Parking around the Pinellas County Utilities Building n) Re-landscaping of Welcome Center o) Countryside Day - Spring of 1994 - Second Annual p) Fee Agreement with Snell Isle Properties, Inc. q) CDBG Funding Levels r) Budget Advisory Committee recommendations ITEM #41 - Other Commission Action a) Hildebrandt Letter of Agreement Kathy Rice, Deputy City Manager stated, at the request of Commissioner Berfield and the City Manager, she has discussed with Hildebrandt the Commission's concerns regarding Hildebrandt's comments regarding judging attorneys. She stated they have added, on page 2 of their contract, performance measures that would include measuring and rendering an opinion on both City Attorneys and outside counsel quality of performance, including comments on results obtained, time expended, cost incurred and, where measurable, effectiveness of advise or strategy. She stated they have also included that their major thrust would be on how the department operates in the future rather than concentrate on how things have been done in the past. She stated she believed this met the Commission's intent. Commissioner Thomas expressed concerns regarding the thrust being to deal with the future. He felt the thrust should at least be equal on evaluating past performance. Commissioner Deegan agreed with Commissioner Thomas, stating he still did not feel Hildebrandt understood for what the Commission was asking. Ms. Rice indicated that may be her fault was she was trying to indicate to them where in the contract to put measuring or judging the attorneys. She stated she has also asked for a not to exceed amount in the contract. Commissioner Thomas stated he could accept the agreement if it was changed that there be equal thrust on past and future performance. Mayor Garvey suggested the sentence be changed to simply address there would be recommendations for the future. Commissioner Fitzgerald moved to approve the contract with Hildebrant in order to do an audit of the Legal Department with the understanding the change would be that they would simply make recommendations for the future. The motion was duly seconded. Commissioner Berfield expressed concerns regarding the change in the range for the services. She stated it is now $62,000, whereas the original proposal was $40,000. Commissioner Deegan pointed out they are indicating they are going to do extra work by interviewing outside counsel. Ms. Rice indicated the change in the not to exceed amount was due to additional work being performed. Upon the vote being taken, the motion carried unanimously. Other Verbal Reports The City Manager raised the issue of consolidating City Hall on the current site. He presented a sketch which showed the building to be east of the 28-foot line; however, the vacated right-of-way of Pierce Street, over which part of the building would be constructed, is below the 28-foot line. He expressed concerns this may trigger the requirement for a referendum. He indicated Ms. Rice has asked the architect to do a detailed review of the B-1 concept which has been approved by the Commission. Commissioner Fitzgerald questioned if this would move the building closer to the Baptist Church. Ms. Rice indicated it would not, as once the official survey was done, both buildings moved to the east. Commissioner Berfield questioned who could provide the legal opinion regarding whether or not the referendum was required. The City Attorney indicated a court with jurisdiction would be the final authority. The City Manager indicated there is opposition to the use of this site and there may be enough to challenge the Commission on the referendum issue. He stated the Commission may want to go to referendum simply to settle the question. Ms. Rice stated they are currently short-listing design/build firms. Commissioner Thomas stated he felt this issue was getting out of hand and suggested a public hearing be scheduled for the public to hear and provide the pros and cons on the issue. He stated he did not wish to be in court with the citizens of Clearwater. Commissioner Berfield suggested consideration be made of looking at maintaining this current facility and having an annex on a separate site. Mayor Garvey disagreed with that, stating she felt the facility needed to be truly consolidated. Commissioner Thomas disagreed. Other Commission Action Commissioner Berfield asked if the Commission needed to meet in private regarding the Scientology case due to the order that has come down from the court in Atlanta. The City Attorney announced he desired to meet with the Commission in closed session regarding this law suit. Consensus of the Commission was to set a closed session for 5:00 p.m. on October 21, 1993. Commissioner Thomas requested a public hearing be scheduled for the City Hall issue. Consensus of the Commission was to schedule a public hearing for the Commission meeting of October 21, 1993. The City Manager announced two items previously scheduled for the meeting of October 18 regarding the police department will be pulled from that agenda. The City Clerk recommended, instead of second reading ordinances being distributed with the initial distribution of agenda packets, that they be held until approximately a week before the meeting. She indicated, in that way, any ordinances that are amended at first reading can be corrected prior to distribution to the Commission. Consensus of the Commission was to adopt this procedure. ITEM #42 - Adjournment The meeting adjourned at 5:40 p.m.