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04/18/1994 CITY COMMISSION MEETING April 18, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, April 18, 1994 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: Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager P. Richard Hull Assistant City Attorney Peter J. Yauch Acting Public Works 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. Proclamation - National Volunteer Week - April 17 - 23, 1994 The Commission recessed from 9:09 to 9:39 a.m. to meet as the Community Redevelopment Agency. ITEM #2 - Approval of Minutes Commissioner Deegan moved to approve the minutes of the special meeting of January 24, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the minutes of the special meeting of March 7, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to approve the minutes of the regular meeting of February 28, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to continue the approval of the minutes of the regular meeting of April 4, 1994. The motion was duly seconded and carried unanimously. Commissioner Thomas requested the Pledge of Allegiance be recited and an invocation be part of Monday meetings. Mayor Garvey suggested it would be difficult for the City Clerk to schedule ministers for Monday morning meetings. Commissioner Thomas recommended Commission members and staff share the responsibility of leading the prayer. Mayor Garvey did not feel Commission members should lead a prayer. Commissioner Thomas moved to begin all City Commission meetings with an invocation and recitation of the Pledge of Allegiance. The motion was duly seconded. Upon the vote being taken, Commissioners Deegan, Berfield, Fitzgerald, and Thomas voted, "Aye." Mayor Garvey voted "Nay." Motion carried. PRESENTATIONS ITEM #3 - Performing Arts Center Theater (PACT) Annual Report PACT Executive Director Elissa Getto, accompanied by Bill Johnson, Chair of the Performing Arts Foundation and Dick Corklin, Vice President of PACT Inc. presented the City Commission with PACT's Annual Report. The fiscal year ending 09/30/93 closed with a small surplus for the fourth consecutive year. Ms. Getto referred to the financial and cultural impact Ruth Eckerd Hall has had on the Community during its ten year history. Payroll for more than 350 employees totals more than $2 million. Local vendors are paid more than $2 million dollars for services annually. More than 400,000 patrons and 100,000 students utilize the facility every year. The Foundation contributes more than $1 million annually to support PACT. Ms. Getto noted the board's gratitude to the City for its generosity and estimated the Center would have run a $1.4 million deficit without annual support from the City and the Center's membership base. The Commission expressed their congratulations to PACT. Commissioner Fitzgerald noted the significant achievement of the Center running in the black. In response to his question, Ms. Getto noted PACT received $ .5 million from the State the year Ruth Eckerd Hall was the only center in Florida to be designated as a major cultural institution. The program was changed to the Cultural Institution Program. As a member, Ruth Eckerd Hall qualifies for a three year grant providing $350,000 a year. Commissioner Fitzgerald congratulated Ms. Getto for her accomplishments. Commissioner Thomas questioned the Center's 80% paid occupancy rate. Ms. Getto said the Center increases occupancy on an unpaid basis by approximately 5% through outreach and giveaways. Commissioner Thomas questioned if there was a way the City could help increase the unpaid occupancy by targeting the indigent, children, and elderly. Commissioner Deegan noted some citizens are not aware Ruth Eckerd Hall makes seats available to the City. Ms. Getto reported more than half of the Center's rentals annually are offered at a substantial community discount. Commissioner Deegan requested PACT's financial statement summarize the facility's contribution to the community. Commissioner Thomas recommended staff meet with PACT to explore new ways to utilize empty seats. Mayor Garvey suggested PACT first be given a chance to develop their own plan. ITEM #4 - Library Board Annual Report Four members of the Library Board accompanied Chair, Dr. David C. Berry for his presentation of the Library Board's Annual Report. He thanked the City Commission for its support of the Library since 1916. Between February 1993 and March 1994, the Library Board recommended: A gift ordinance benefitting all departments to encourage private donations for express purposes. The proposal is now with the City Attorney awaiting further action. The continued need for parking meters outside the Main Library. The Board investigated complaints by Library patrons. It was noted those not utilizing the Library, park outside the Main Library. To use money received from the sale of the Helen Flagg doll collection donated in 1950 to purchase children's books and materials and donate remaining items to the Foundation's Cognoscenti auction. The City Commission agreed to the sale on June 3, 1993. Items donated to the Cognoscenti auction were sold in November. The doll collection has not yet sold. After review of their ad hoc committee's findings, to join the Pinellas Public Library Cooperative. The City Commission voted to join the Cooperative on January 20, 1994. Action is now being taken to modify City policies to be consistent with the Cooperative. Future advertisements on covers of magazines donated to the Library will read, "Compliments of..." The City Commission accepted the recommendation on February 14, 1994. All donations and additional advertisements must be approved by the Library's Director. Rescind the limit of 25 items on a library card. The Board noted the Library received many complaints when the limit was implemented and felt the policy created a serious public relations problem. The City Commission lifted the limit on February 28, 1994. Revise meeting room policy so only Clearwater residents with co-op library cards will be permitted to reserve Library meeting rooms after October 1, 1994. Revise Resolution 94-3 and circulation policies to conform with co-op policy. These and other policies requiring change to conform with co-op policy will be presented to the City Manager. The Library Board considered moving the Adler Room at the request of the Commission to make room for additional books. The Board decided the needs of Library patrons are best served if the room remains where it is. The Library Board appointed an ad hoc committee to evaluate electronic kiosks in each library and study potential benefits. The Board recommended a kiosk be placed in the lobby of each library. All electronic communication is subject to approval by the Library Director who can remove the kiosks without Board approval. Dr. Berry reported support from the Friends of the Library allowed staff and a support group to participate in State Library Day in Tallahassee, where they visited legislators and encouraged support of library related legislation. The Library Board recommends the Library include participation in this important function in each year's budget. Changes required to conform to the Cooperative still need to be accomplished. The Library Board reviewed renovation and building needs and updated their manual. Dr. Berry reported on April 15, 1994, Wilbert Bacon and Joanne Laurenti were elected as Chair and Vice Chair respectively, to assume responsibilities in September 1994. Mayor Garvey asked why the Flagg doll collection had not been sold. Ms. Rice stated the dolls were advertised but the City was not successful in attracting bidders. Ms. Rice will present the Board with a report on this item. Mayor Garvey thanked the volunteers on the Library Board for their time and effort. She noted volunteers donated 2,400 hours to the Library last year. Ms. Rice said she would work with the City Attorney's office on the gift ordinance. ITEM #5 - Clearwater Beach Association Report re Pier 60 Business Recommendations The Pier Pavilion lease expires in December 1994. The Clearwater Beach Association (CBA) recommends: 1) removing buildings east and south of the pool to enhance the view; 2) removing parking spaces north of the pool and along the street and adding a tram drive or spaces to the south edge of Pier 60 Parking Lot; 3) converting the street beyond the hotel entry into a pathway leading through the Pavilion area to the Pier and along the beach; 4) incorporating the landscaped traffic island to the east of the pool as a site for a carousel; 5) locating a bumper boat facility north of the pool, sheltered on the north and west by a small artificial mountain; 6) locating a playground, to be built by volunteers, west of the bumper boats; 7) enlarging the ice cream kiosk to accommodate the sale of hot dogs, hamburgers, drinks, and ice cream plus rental of beach umbrellas and chairs; 8) locating an 80 foot by 40 foot pavilion either south of the Pier or between the Pier 60 and South Beach Parking Lots; 9) developing the area south of the carousel into a grassy, shaded picnic area; 10) operating a tram from a Downtown parking lot to the Pier Pavilion area; and 11) converting the front half of the Pier 60 Parking Lot into a grassy, shady picnic area and passive activity area. The CBA recommends the City Commission request funding for the non-concession parts of this project from the Tourist Development Council (TDC). Anne Garris said the public was invited to participate with the CBA. She said the CBA's goal is to appeal to adults and children. She stated the opening of Pier 60 was a festive occasion and represents what residents want the beach to become. She noted the beach has a large residential area and is Clearwater's resort area and playground. The CBA wants the beach to attract family tourists for stays between one and three weeks as well as local families for repeat visits. The playground, similar to the one at the Long Center that attracts 1,500 children a week, would be the focal point of the development. It would be compatible with the Pier and provide enjoyment for those using the beach. These CBA recommendations address outdoor recreation. Another group is reviewing indoor recreation needs at the Civic Center. Ms. Garris recommended the Pavilion be built first because it has the potential for entertaining families. She suggested a toddler wading pool be added and the pool be operated by the City for the benefit of residents and visitors. Ms. Garris recommended a concessionaire be sought to run the bumper boats, snack bar, carousel, and umbrella rentals. Ms. Garris urged the Commission to move forward on a plan. She encouraged input from the community and urged others to also bring forward specific plans. She recommended concessionaires not be given the opportunity to develop the area according to their need to make money because development must be focussed on community needs. John Ward, President of the Clearwater Beach Association, complimented the Commission, staff, and construction workers on Pier 60. He noted many requests from citizens to open the pool as a City facility. Mr. Ward encouraged positive action now to avoid a future decline of visitors. He noted the importance of a reasonably priced, family oriented, recreation complex. Jay Keyes congratulated the Commission and staff on Pier 60. He noted the Beach Blue Ribbon Task Force recommended Clearwater Beach be a family oriented destination. He felt this plan is in keeping with that desire. Bob Bickerstaffe spoke in favor of providing family attractions and facilities on the beach. He recommended additional amenities. The Commission expressed gratitude for the hard work of the Committee. Mayor Garvey suggested the Commission needed more input from the public before reaching a decision. Commissioner Deegan questioned if this plan was discussed by other than the Clearwater Beach Association Board. Ms. Garris said it was presented and approved at a Beach Association Town Meeting. The CBA is continuing to research costs and add details. Plans are to present the plan to the neighborhood coalition and associations on Island Estates and Sand Key. Mayor Garvey noted the importance of knowing the cost of the project. Ms. Garris said the committee is working on developing cost estimates. Materials for the playground are estimated to cost $110,000. She said some volunteers may already be involved with a fund raising effort for the pavilion. Commissioner Deegan requested staff work with the CBA and further develop plans, review alternates, and return the plan to the Commission. He thanked the volunteer committee for their input and recommended city staff direct further development. Mayor Garvey noted expenses will not be limited to construction costs as maintenance expenses also must be considered. Commissioner Thomas requested staff return to the Commission with a variety of ways to redevelop this three acre gateway to the beach. Commissioner Fitzgerald complimented the CBA on its proposal. He noted the property is extremely valuable and felt the Commission should not make decisions until all ideas are explored. He suggested income generated by the property could offset costs. Commissioner Berfield congratulated the committee for their input. She noted the Chamber of Commerce reported they also had ideas about the property they wished to present the Commission. It was suggested the Commission set a June 1, 1994, deadline for suggestions from staff and the public and staff present recommendations complete with financial analysis and site alternatives, in mid July. Ms. Rice said she will develop a draft of RFP. Mayor Garvey suggested offering the present concessionaire a two or three year lease. She felt this would allow time for examining all options and phasing in a plan. She cautioned against commercializing the entry to the beach. Commissioner Thomas said the parcel of land needs a new look with fresh new ideas. Mayor Garvey noted the Commission is presently committed to a number of expensive projects. Commissioner Thomas said money for this project would be provided by the concessionaire. Mayor Garvey noted the playground and pool would require City support. She again recommended the project be constructed in phases. Commissioner Berfield moved that public input for development of the Pier 60 area be presented to the Commission at the first meeting in June, and that staff investigate the proposals and present recommendations and a draft RFP to the Commission at the meeting of July 18, 1994. The motion was duly seconded. Upon the vote being taken, Commissioners Deegan, Berfield, Fitzgerald, and Thomas voted "Aye." Mayor Garvey voted "Nay." Motion carried. ITEM #6 - Citizens to be heard re items not on the Agenda Anne Garris commended Harbormaster Bill Held and the Marine and Parks & Recreation Department for their hard work and successful Pier 60 grand reopening celebration. CITY MANAGER REPORTS CONSENT AGENDA (Items #7-30) - Approved as submitted less items 7, 9, 11, 12, 13, 16, and 27. ITEM #7 - See page 9. ITEM #8 - Purchase of equipment & cabling for connection to Ross Financial System (multitech statistical multiplexers) from Robec, Inc., Lake Mary, FL (wholesaler) through their distributor, Florida Supplies & Solutions, Clearwater, FL, for $22,980 (AS) ITEM #9 - See Page 11. ITEM #10 - Amendment to contract with Community Services Foundation (CSF) re CDBG FY '93-'94 (ED) ITEM #11 - See Page 12. ITEM #12 - See Page 12. ITEM #13 - See Page 13. ITEM #14 - Purchase of one 1994 Ford F-350 Crew Cab 1-ton pickup from Prestige Ford, Eustis, FL, for $18,070 (GS) ITEM #15 - Contract to separate the marina diesel fuel tanks to Adams Tank & Lift for $17,225; approve transfer of $17,225 from unappropriated retained earnings of the marina fund into Marina Fuel Tanks CIP 315-93488 (MR) ITEM #16 - See Page 13. ITEM #17 - Utility Easement from Department of the Army for relocation of existing utilities crossing Clearwater Pass (PW) ITEM #18 - Water Main Replacement Contract - Phases 11 & 12 to Suncoast Excavating, Inc., Ozona, FL, for $1,984,525 (PW) ITEM #19 - Purchase of 110 parking meters for Sand Key Parking Lot Expansion from P.O.M., Inc., Russellville, AR, for $16,573.70 (PW) ITEM #20 - Purchase seven additional remote telemetry units, fiber optic conversions & spare parts from Data Flow Systems, Inc., Melbourne, FL, for $77,651 (PW) ITEM #21 - Purchase of quicklime from Dravo Lime Co., Saginaw, AL, for the period 04/22/94 - 04/21/96, at an estimated $185,616 (PW) ITEM #22 - 1994 Subdrain Contract to Suncoast Excavating, Inc., Ozona, FL, for $234,520 (PW) ITEM #23 - Lease of Pinellas County School Board property on Holt Avenue (portion of Curtis Fundamental/Clearwater Comprehensive School Complex) for the period 05/01/94 - 04/30/95 and sub-lease thereof to Religious Community Services, Inc. (RCS) subject to approval by the School Board of primary lease with City (PW) ITEM #24 - Amendment to License Agreement with GTE Mobilnet to allow additional antennas to be installed on the elevated water tank at Del Oro Park and for an increase in the annual rental fees (PW) ITEM #25 - Approval of C.O.#4 to Northeast Wastewater Residuals Handling Facility contract with Walbridge Contracting, Inc., Tampa, FL, reducing present retainage from the original 10% to 5% (PW) ITEM #26 - No item. ITEM #27 - See Page 15. ITEM #28 - Sanitary sewer lien agreement - 1842 Diane Drive Lot 17, Block I, Carlton Terrace First Addition (Graham) (CA) ITEM #29 - Sanitary sewer lien agreement - 3136 San Mateo Street Lot 23, Del Oro Gardens Subdivision (Herndon) (CA) ITEM #30 - Sanitary sewer lien agreement - 608 Madera Avenue Lot 9, Del Oro Gardens Subdivision (Schmidt) (CA) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 7, 9, 11, 12, 13, 16, and 27 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Commission recessed from 11:03 until 11:15 a.m.. ITEM #7 - Purchase of television equipment for Community Outreach Start-Up from Professional Communications Systems, Tampa, FL, for $138,517; Video Production Systems, Tampa, FL, for $123,386.64; Blumberg Communications, Tampa, FL, for $48,846.50; and P. D. White, Consultant, Clearwater, FL, for $38,101.56 for a total of $348,852.70; financing to be provided under the City's master lease-purchase agreement with Security Capital Corp. (AS) The Community Outreach Start-Up Plan, approved by the City Commission on January 31, 1994, recommended a television production capability costing approximately $350,000 be acquired by the City. The list of required equipment was updated and separated into packages, for which bids were solicited, received, and evaluated. Commissioner Thomas referred to a letter from Mr. Waldo, General Manager of Vision Cable, explaining a delay in providing the City with a government channel. He questioned if a studio should be developed before a channel is available. He noted Vision Cable's legal obligation to provide the City with a channel. Mayor Garvey reported Mr. Waldo estimated it would take the City a year to develop enough programming to fill 24 hours a day. Jeff Harper, Director of Administrative Services, said whether the City has a channel now or in six months does not influence the City's need to purchase the equipment and install the facility now. Whether programming is broadcast on a shared channel or Clearwater's own station, City staff is needed for production. The studio will be installed next to Chambers in the Budget Office. Some programs are already in pre-production. The hurricane preparedness video, for example, is planned for broadcast before the hurricane season begins, June 1. Mr. Harper did not object to the City sharing space on a public channel at first but suggested the City will soon need a channel of its own. More than 12 hours of Commission Meetings are to be broadcast every two weeks. Other board meetings, like Code Enforcement, will also be broadcast. Staff is committed to producing quality programming that sustains community interest. Commissioner Thomas moved to advise Vision Cable the City wants its own Channel within six months of today and will use alternate channels until it becomes available. The motion was duly seconded. Mayor Garvey felt the City should first negotiate the franchise agreement prior to discussing this need. Commissioner Fitzgerald questioned if the City would be prepared to occupy 24 hours of daily programming within six months. Jim Lange, Community Outreach Manager, noted no government access channel he contacted broadcasts produced programming 24 hours a day. Nearly all run bulletin boards to advise citizens of City information. Other governments playback programming several times a day and several times a week. Upon the vote being taken, the motion carried unanimously. Commissioner Thomas moved to approve the purchase of television equipment for the Community Outreach Start-Up program. The motion was duly seconded and carried unanimously. The City Commission recessed from 12:04 until 1:35 p.m. ITEM #9 - Amendment to contract with Clearwater Neighborhood Housing Services, Inc. (CNHS) re Community Development Block Grant (CDBG) FY '93-'94 (ED) On July 14, 1993, the City Commission approved the FY '93-'94 Community Development Block Grant (CDBG) Objectives and Proposed Use of Funds, authorizing $35,000 as an Economic Development Activity to create a Facade Improvement Program in the North Greenwood Commercial District. The Department of Economic Development determined the Clearwater Neighborhood Housing Services, Inc. (CNHS) is prepared to implement the program. The proposed program will grant 50% of approved expenses up to $2,500 per business for facade improvements. Each participating business also may receive up to $1,000 as a grant for architectural and engineering services needed to complete the improvements. The Department of Economic Development requests adding to the eligible improvements and internal repairs needed to comply with the Americans with Disabilities Act (ADA). Commissioner Deegan recalled the City had set aside $25,000 to be used for the grants and $10,000 for administrative purposes. He said the way the agreement reads, the total $35,000 could be used for actual expenditures. He expressed concerns that this program be in compliance with the final statement sent to HUD. Alan Ferri, Community Development Division Manager, said the original draft of the final statements called for $25,000 for grants offered with a 50/50 match and $10,000 for architectural and other supportive services as needed. Commissioner Deegan did not recall spending being approved for architectural services. He noted the Commission had set a cap of $2,500 per business. Mr. Ferri said documentation in his office indicates the Commission approved this proposal. Commissioner Deegan said he favored the agreement but he wants to be certain the document to HUD reflected direction given by the Commission. Commissioner Deegan said the Commission had approved an outright grant of $500 to paint a building's exterior and had decided that part of the match money could be used by business owners for interior improvements. He requested these points be reflected in the agreement. Ms. Rice said staff will review the minutes for these additions. Commissioner Berfield moved to approve the amended contract with Clearwater Neighborhood Housing Services, Inc. (CNHS) re Community Development Block Grant (CDBG) FY '93-'94 and if needed, amendments to include $500 grants to paint buildings' exteriors and the use of matching funds by business owners to complete interior work be brought forward. The motion was duly seconded and carried unanimously. ITEM #11 - Memorandum of Understanding between the Economic Development Department and Police Department re CDBG FY '93-'94 funds for the Homeless Drop-In Center (ED) On July 15, 1993, the City Commission approved the FY '93-'94 Community Development Block Grant (CDBG) Objectives and Proposed Use of Funds, authorizing $10,000 for the Homeless Drop-In Center as a public service activity. The Memorandum of Understanding will allow the Clearwater Police Department to incur and pay eligible and reasonable expenses for the Homeless Drop-In Center under the direction of the Drop-In Center Task Force or successor entity. The Police Department will also be responsible for insuring program expenditures are in conformance with all applicable federal regulations. Mr. Ferri explained no subgrantee was identified to receive these funds. He explained this was a housekeeping item. The Police Department will act as a pass through for the funds to the Homeless Center. Commissioner Deegan moved to accept the Memorandum of Understanding between the Economic Development Department and Police Department re CDBG FY '93-'94 funds for the Homeless Drop-In Center. The motion was duly seconded and carried unanimously. ITEM #12 - Contract to retain Environmental Consulting & Technology Inc., Tampa, FL, to serve as consultant in matters related to the Department of Environmental Protection's (FDEP) investigation of the former Clearwater Manufactured Gas Plant site, at an estimated $122,334 (GAS) The Florida Department of Environmental Protection (FDEP) (FKA Florida Department of Environmental Regulation (FDER)) has initiated an investigation of the former Clearwater Manufactured Gas Plant Site (MGP). The site investigation and remediation process require outside Environmental Counsel and an Environmental Consulting firm to assist staff. On November 19, 1993, the City transmitted Request for Proposals (RFPs) for contamination assessment activity concerning the MGP site in compliance with FDEP's guidance document entitled "Corrective Actions for Contaminated Site Cases." Mayor Garvey noted the City had decided to leave the plant site alone. Chuck Warrington, Managing Director of the Gas System, said the City must complete a site remediation plan to assess the site and complete test borings to identify what is underground. Findings will dictate if the site will be monitored or cleaned. Ms. Rice said the MGP is on a list of contaminated sites. Commissioner Fitzgerald questioned if the City Attorney had comments on the professional services agreement, an extensive document. Mr. Warrington reported the City hired Bill Pense, an expert on environmental clean ups, as Environmental Legal Counsel a year ago to handle the FDEP. Mr. Pense and the City Attorney have reviewed this contract. Commissioner Deegan moved to approve the contract to retain Environmental Consulting & Technology Inc., Tampa, FL, to serve as consultant in matters related to the Department of Environmental Protection's (DEP) investigation of the former Clearwater Manufactured Gas Plant site (MGP). The motion was duly seconded and carried unanimously. ITEM #13 - Contract for labor to replace gas mains and service lines to Visk Construction, Inc., Riverview, FL, at an estimated $123,810 (GAS) An annual Clearwater Gas System (CGS) program replaces deteriorating lines. The proposed contract will replace 7,400 feet of service lines and 16,000 feet of gas mains. CGS's contract with Heuer Utility Contractors, Inc. to install gas mains and services was approved by the City Commission on 12/02/93. Heuer Utility has committed its total labor pool to the City's new construction and an additional contractor is needed to install the replacement mains and services in this contract. Heuer Utility's bid was 7.5% higher than the prices in their annual contract. Visk Construction's bid was 4% lower ($5,440) than Heuer's annual contract prices. A staff analysis determined CGS's costs to perform one portion of the contract would be 21% higher than was bid. CGS does not have the construction staff to accomplish the workload nor specialized equipment to perform necessary operations. Commissioner Thomas questioned Heuer's bid and contract. Mr. Warrington explained Heuer could have insisted their City contract entitled them to all gas work construction. Heuer has had to hire additional crews and is unable to handle additional work. They have agreed to the City contracting this construction. Commissioner Thomas moved to approve the contract for labor to replace gas mains and service lines to Visk Construction, Inc., Riverview, FL. The motion was duly seconded and carried unanimously. ITEM #16 - Approve architectural firm ranking order of: 1) Bitterli and Associates Architects, 2) Fleischman Garcia, and 3) Mudano Associates Architects, Inc./Williams Architects Chartered for the Countryside Recreation Center building; authorize staff to negotiate a contract in order of ranking (PR) Seven architectural firms submitted proposals in answer to the City's Request for Qualifications (RFQ) on December 24, 1993, and January 3, 1994, for architectural services for the Countryside Community Recreation Center building. The City's Selection Committee reviewed the proposals and interviewed the top ranking firms. Bitterli and Associates Architects ranked first. Mayor Garvey questioned ranking architectural firms before plans for the building are firm. Commissioner Thomas reported a new law affecting this type of negotiation is pending the Governor's signature. He recommended this item be postponed for 60 days until the law is upheld and staff can negotiate with more than one firm. Mr. Ream Wilson, Director of Parks & Recreation, reported $1.2 million is budgeted for the Countryside Recreation Center planned as a 15,000 square foot building with a gymnasium, multipurpose room, and arts & crafts center. There were some questions regarding whether the gymnasium had been approved. William Baker, Assistant City Manager, suggested awarding the ranking and proceeding under present rules so staff can negotiate and work toward a good contract and not lose time. Commissioner Thomas suggested this could be a legal issue if the City enters in bad faith negotiations. Mr. Baker noted the proposed law does not rid the process of obtaining a short list. He said all firms on the list have proved themselves to be reputable. Commissioner Thomas said the City can negotiate with all top finalists under the new law. Mayor Garvey recommended the City approve the ranking, check the law, then negotiate. Commissioner Thomas requested the minutes from the meeting when the Center was discussed. He noted gymnasium facilities are available at the Long Center, Countryside, and Clearwater High Schools. He questioned if the recreation center needed a gymnasium. Commissioner Fitzgerald said the gymnasium is one of the major considerations among Countryside residents. He noted community centers should reflect the communities in which they are located. He felt decisions on this Center have been dragged out. Commissioner Berfield questioned negotiating with architects prior to the Commission finalizing plans for the facility. Mr. Wilson stated neighbors ranked a gymnasium as their top wish. He said he would review the minutes. Commissioner Thomas moved to approve the architectural rankings, check the law and if passed, approach each of the three top finalists for bids, and return information to the Commission regarding what was approved for the facility. The motion was duly seconded and carried unanimously. ITEM #27 - Lease Agreement with Key Investment Holding Corp. wherein they, in exchange for $2,000 per month, receive the use of vacant city owned property located at 1551 Gulf Blvd. on Sand Key for a maximum period of 20 months and under prescribed conditions of use (CM) Key Investment Holding Corp. proposed to construct Ultimar III Condominium on property located at 1560 Gulf Blvd. on Sand Key. During construction, materials delivery, storage, and staging, project office and tradesmen employee parking could spill onto the street right-of-way and surrounding property. The developer has proposed leasing the City owned, vacant, 2.5 acre parcel across Gulf Blvd. from the project for $2,000 a month for a maximum of 20 months with conditions: the southern and northern thirds to be mulched and used only for employee parking; the middle third to be fenced with a stockade fence along its side line and used for construction related project activities only between the hours of 7:00 a.m. and 7:00 p.m.; the tenant to pay all property taxes applicable to the property throughout the lease term and to clean the property when the lease ends. The Parks and Recreation Department has no plans for the parcel until it becomes a parking lot/park for beach access, a project not scheduled to get underway before July 1995. Commissioner Thomas noted the City purchased the property for beach renourishment. He expressed concerns the City could lose the beach renourishment project if it cannot access this parcel when needed. He recommended a clause be included in the lease to address this. Mr. Baker said staff reviewed the beach renourishment project prior to negotiating the agreement with Key Development. The beach will not be renourished before January 1997. The longest the lease will run is until January 1996. The City can build a parking lot in 90 days. He agreed to insert the language. Commissioner Thomas questioned why Key Development is not paying taxes on the property in 1994. Mr. Baker explained Key Development will pay taxes according to tax rules. Ed Armstrong, attorney representing Key Development, explained the use of land on January 1 determines how that property will be taxed for the full year. Should Key Development lease the land after December 31, 1994, it will pay all taxes assessed on the property for the year, 1995. He concurred his client strongly believes in beach renourishment and will do nothing to jeopardize the project. Commissioner Deegan noted neighbors of the property expressed concerns about the City's plans for the property and questioned how they felt about this lease. Jim Warner of the Sand Key Civic Association reported eight of the nine directors he polled regarding these plans supported this lease agreement. Harvey Mazlo, President of the Association of 1501 Gulf Blvd. expressed concerns about vandalism and cleanliness of the property. He also questioned if the County will need this property as a staging area for the widening of Gulf Blvd. Mr. Baker reported Pinellas County has not established a schedule for that roadwork nor contacted the City about use of the property. Commissioner Thomas moved to approve the lease agreement with Key Investment Holding Corp. wherein they, in exchange for $2,000 per month, receive the use of vacant city owned property located at 1551 Gulf Blvd. for a maximum period of 20 months and under prescribed conditions of use and with language to be added regarding recapturing the property if needed for the beach renourishment project prior to the end of the lease. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Holiday on the Islands Christmas Lighting Festival - Request for $3,000 The Holiday on the Islands Committee is requesting a $3,000 allocation for the 1994 Christmas Lighting Festival. They plan to raise an additional $7,000. The Deputy City Manager cautioned other areas of the City may request the same consideration. Mayor Garvey expressed concerns other neighborhoods would forward similar requests. Commissioner Fitzgerald noted the Commission has turned down other associations and felt this would set a precedent. Commissioner Thomas stated this was not a neighborhood issue but an investment in tourist development during the holiday season on Clearwater Beach. Mayor Garvey questioned how a festival held on Island Estates aided beach tourism. Commissioner Thomas noted a huge number of tourists rent condominiums by the month on Island Estates. Mayor Garvey and Commissioner Fitzgerald noted many tourists do the same in Countryside. Commissioner Thomas moved to authorize a $3,000 contribution to the Holiday on the Islands Christmas Lighting Festival. The motion was duly seconded. Commissioner Deegan noted that previous requests from neighborhoods have been for the City to provide the actual lights. This activity is a celebration in conjunction with turning on the holiday lights. He felt this festival built community spirit. Mayor Garvey maintained this program cannot be described as good for both tourism and the community. She felt Clearwater Beach merchants should finance this activity. She suggested other sites also will request funding. Upon the vote being taken, Commissioners Deegan, Berfield, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. ITEM #32 - Community Development Block Grant (CDBG) policy recommendations and request to authorize publication of Notice of Funding Availability for the FY '94-'95 CDBG program. (ED) The twentieth year of the Community Development Block Grant (CDBG) program will begin October 1, 1994. Clearwater's entitlement funding for the program year is $1,108,000. Last year, the City also funded $62,000 for the Social Service Grant Program. Through the FY '93-'94 CDBG program, Clearwater funds 23 subgrantees with awards ranging from $1,200 to $36,651. Funding diverse requests reduces the measurable impact on any given problem. Effective monitoring of small subgrantees consumes more staff time and resources than is warranted by their funding level. The Department of Economic Development, Community Development Division recommends: 1) Refer all CDBG subgrantee proposals under $5,000 to the City's Social Services Grant (SSG) Program. Directing small grant requests to SSG will reduce the monitoring and compliance requirements of the staff and recipient programs. Commissioner Deegan questioned capping the Social Services grant program at $5,000. He expressed concerns that Social Services could better impact the City's needs by offering fewer, larger grants. Alan Ferri, Community Development Manager, explained federal regulations for monitoring compliance of the CDBG program costs at least $850 per program or 17% to 18% of a $5,000 program. As the size of a grant decreases, monitoring rates remain the same and percentage costs increase. Eleanor Breland, Human Relations Director, did not think minimums for social service programs should be established. Few grants exceed $10,000. Commissioner Deegan suggested larger grants would be more effective. Ms. Rice indicated the City hopes to address both large and small needs of social services agencies by using the two sources of money. Commissioner Deegan questioned if one agency could apply to both funds. Ms. Breland indicated applications will be distributed with instructions that requests for more than $5,000 go to CDGB and those $5,000 or less go to Social Service Grants. 2) Combine the application and evaluation process for the CDBG and SSG programs. By issuing one Request for Proposal (RFP), the City can determine programs' appropriateness. A single application form will end duplicate documentation requirements and enable applications to be evaluated at the same time staff identifies underserved areas. Mayor Garvey noted this recommendation would be helpful during the evaluation process. 3) Authorize the Community Development Manager and the Human Relations Director to assemble an ad hoc committee to rate SSG and CDBG program applications for their technical merit. The Managers of the Community Development Division and Human Relations Department should not be solely responsible for providing technical resources to rate program applications. The Technical Review Committee (TRC) can submit their evaluations and recommendations to the Neighborhood Advisory Committee (NAC) and the City Commission. Mr. Ferri said staff would be removed from the decision making process and their role changed to providing technical assistance to potential applicants. The quality of applications forwarded to the City Commission will improve. Mayor Garvey questioned if there should be a review of the NAC. Mr. Ferri said the City chose the NAC to be the citizen participation component required by CDBG regulation. Mayor Garvey suggested before appointments are made, the Commission evaluate their approach and consider if changes should be made. Mayor Garvey requested Mr. Ferri report to the Commission on federal options for compliance with citizen participation requirements. Commissioner Deegan concurred. He also thought recommendation #3 was excellent because it corrects a serious problem by removing staff from a direct role in providing specific recommendations to the NAC. 4) Reward the linkage of public services and public facilities proposals to on-going development projects and allow up to ten points as a bonus for applicants that prove this linkage. The TRC and NAC will use the same scoring system to rate each proposal. Mr. Ferri said he encourages social service organizations who service the same population to formally share lists of eligible applicants. Commissioner Deegan questioned the definition of an "on-going development project." He pointed out a large percentage of the grant is automatically reserved for infill, low income housing, etc. He suggested if agencies receive ten points for using the services of another program, they are provided an unfair advantage over those not involved in a development program. Mr. Ferri said "development project" refers to brick and mortar projects or economic development. The regulation will persuade a number of subgrantees to make linkages with development organizations and recognize they serve the same population. To prove linkage, agencies need to prove they have exchanged letters and agreed to share lists of applicants and promote each others' programs. Commissioner Thomas felt the ten percent bonus reduces the opportunity for new organizations to join the program. Mr. Ferri noted any organization can go to the Clearwater Housing Authority, for example, and enter a referral agreement and expand their program's services. He suggested such action strengthens both programs. Ms. Rice noted this regulation rewards agencies that reach out to other programs. Mayor Garvey suggested the definition of providing linkage be expanded. Mr. Ferri said the bonus point program is explained in the RFP and agreed the definition of linkage will be further clarified each year. Commissioner Deegan questioned the sharing of lists being considered linkage. Mr. Ferri indicated he hoped agencies will respond to this provision and each year a higher quality of linkage can be required. Commissioner Thomas suggested language include the intent to merge operations to increase the value of grant dollars. Mr. Ferri said he hoped this recommendation would encourage programs to broaden the services offered beyond current capacity. Commissioner Thomas said he liked the idea but expressed concerns that the requirements were not tight enough. Ms. Rice indicated staff agreed but felt the looseness was needed the first year to teach agencies how to provide linkage. Commissioner Deegan stated he did not want people ruled out because they do not know how to provide linkage. Mr. Ferri indicated he will go over this at length with applicants. 5) Reward the leverage of additional funds and allow up to ten points as a bonus for applicants who demonstrate a commitment of funds from other sources for the proposed program activity. The TRC and NAC will award bonus points on a sliding scale, with a five to one ratio earning the maximum bonus. Commissioner Deegan questioned if in-kind contributions would be included. Mr. Ferri agreed. 6) Authorize increased administrative and program delivery funding under CDBG. Federal regulations permit the use of up to 20% of the CDBG program for administrative purposes and reasonable and documented reimbursement for program delivery expenses. Authorized administrative expenses for the last two fiscal years were 13% and 11%. Mr. Ferri said the City has not billed the maximum in the past and uses City general revenue funds to subsidize the operation of this federally mandated program. Ms. Rice noted costs, such as housing inspection, can be billed directly to the program. Mr. Ferri said he would like the opportunity to expand his department's capabilities and capacity and use CDBG program dollars instead of City dollars. Commissioner Fitzgerald felt administrative costs should be held down so more program dollars are directed toward the need. Mr. Ferri said in housing, more dollars have been allocated than have been spent. He suggested his department is not adequately staffed to properly service the program. Commissioner Fitzgerald asked if the City can service the program without increasing administrative expenses. Mr. Ferri said his division needs increased staffing. Ms. Rice explained staff wants to impact the general fund as little as possible while being certain all grant dollars are spent. Commissioner Deegan said he was proud of the City's low level of administrative costs. He suggested 20% administrative costs are too high. Mr. Ferri said the City is spending 20% but part of the costs come from the general revenue fund instead of the block grant. Ms. Rice said staff requests all administrative expenses be charged to one source so a true picture of administrative costs can be developed. Commissioner Thomas questioned how much the City is now spending on administrative costs to service this block grant. Ms. Rice said staff will return with the additional information regarding this request. Commissioner Thomas moved to accept the first five Community Development Block Grant (CDBG) policy recommendations, directing #6 to be brought back with additional information regarding the total cost for administering the program, and authorized publication of Notice of Funding Availability for the FY '94-'95 CDBG program. The motion was duly seconded and carried unanimously. ITEM #33 - Appointment of Vice-Mayor (CLK) According to City Charter, the Commission shall, at their second meeting in April of each year, elect one of its members as Vice-Mayor. The Vice-Mayor shall act as Mayor-Commissioner during the absence or inability of the Mayor-Commissioner to perform the duties of the office of the Mayor. Commissioner Deegan currently serves in this capacity. Commissioner Fitzgerald noted this is a rotating office. Commissioner Fitzgerald moved to elect Commissioner Thomas as Vice-Mayor. The motion was duly seconded and carried unanimously. ITEM #34 - Appointment of Commission representation on regional and miscellaneous boards (CLK) The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. The appointees are: 1) Tampa Bay Regional Planning Council (TBRPC) - Fitzgerald; 2) Florida League of Cities Board of Directors - Garvey; 3) St. Petersburg/Clearwater Economic Development Council - Deegan; Performing Arts Center & Theater Board of Directors (PACT) - Berfield; Emergency Medical Services Advisory Council (EMS) - Garvey; Mayor's Council of Pinellas County - Garvey, Fitzgerald as alternate; Suncoast League of Municipalities Board of Directors - Fitzgerald; Downtown Development Board (DDB) ex-officio members (2) - Deegan, Berfield; Chi Chi Rodriguez Youth Foundation Trustees - Deegan; Jolley Trolley Transportation of Clearwater, Inc. Board of Directors - Berfield. The following boards have the Commissioners listed serving until the noted expiration dates: Pinellas Planning Council (PPC) - Berfield (12/31/94); Pinellas Sports Authority (PSA) - Deegan (07/01/95); Pinellas Suncoast Transit Authority (PSTA) - Thomas (09/30/96); Metropolitan Planning Organization (MPO) - Thomas (09/97) Commissioner Berfield reported PACT meetings often conflict with City Commission meetings. Mayor Garvey noted a staff member could represent Commissioner Berfield at meetings she is unable to attend. Commissioner Deegan noted a citizen needs to be appointed to the St. Petersburg /Clearwater Economic Development Council. The present representative, Woody Woodruff, has resigned for health reasons. The Executive Director of the Council has nominated Dick Evans and Commissioner Deegan requested to add his name. Mayor Garvey recommended this appointed be included in a future agenda item so other interested parties are given the opportunity to serve. Commissioner Deegan moved to appoint Dick Evans upon the recommendation of the Executive Director of the St. Petersburg/Clearwater Economic Development Council as the second person representing the City of Clearwater on that Council. The motion was duly seconded. Mayor Garvey spoke against the appointment and requested the opportunity for others to submit their names. She felt it appropriate that this item be agendaed. Commissioner Deegan felt since the letter came out in March, ample time elapsed. Commissioner Fitzgerald concurred with the Mayor. He said he saw the letter but was unaware the appointment would be discussed during this meeting. Mayor Garvey said she has nothing against Mr. Evans. She opposes the nomination based on the process being used. Upon the vote being taken, Commissioners Deegan and Thomas voted "Aye." Commissioners Berfield and Fitzgerald and Mayor Garvey voted "Nay." Motion failed. Filling this position was scheduled for the May 2, 1994 meeting. Commissioner Thomas suggested in order to avoid conflicts with voting as a member of a board of directors that oversees programs that receive money from the City, the Commissioners be ex-officio or non-voting members. Mayor Garvey noted Commissioners sit on boards to communicate the Commission's point of view. There was no consensus to implement this suggestion. Commissioner Thomas announced, because of business conflicts, he will resign his positions on the boards of PSTA and the MPO in 60 days. Commissioner Fitzgerald moved to approve the appointment of Commission representation on regional and miscellaneous boards as listed above. The motion was duly seconded and carried unanimously. Commissioner Thomas reported the death of Don Williams, one of Clearwater's representative on PSTA creates a vacancy that needs to be filled until October 1, 1994 when new State legislation requiring members to be elected officials goes into effect. It was the consensus of the Commission to agenda this item for May 2, 1994. ITEM #35 - Other Pending Matters a) (Cont. from 4/4/94) Three year lease agreement with Head Start Child Development and Family Services, Inc., for city owned property, commonly known as 701 N. Missouri Ave., in Blks B & C of New Country Club Addition, for $1 (PW) Since 1971, Head Start Child Development and Family Services, Inc. has leased the subject property from the City and operated a nursery for 40 pre-school children of low income families and provided child and family development services. In 1993, City staff determined a number of deferred health, safety and maintenance issues existed at the property and sent a memo detailing the reported problems to John Lowery, Administrative Officer, on 2/17/94. Mr. Lowery hired contractors to remedy the problems. The City is processing an application for a Zoning Atlas Amendment to rezone the property from Open Space/Recreation to Public/Semi Public, and to amend the Land Use from Recreation/Open Space to Institutional. The application is anticipated to receive a positive recommendation and final approval from the Department of Community Affairs. Once the rezoning application is approved, Head Start will erect an 864 square foot modular classroom building that will increase the program's capacity to 60 and ability to meet the needs of eligible children on their waiting list. Improvements will inure to the City upon termination or expiration of the lease. In a letter to the City regarding this lease, Jim Smith, Pinellas County Property Appraiser, indicated a Head Start application for Ad Valorem exemption would likely be approved because the program serves a public purpose and meets the exemption criteria defined in Florida Statutes. The Lessee is required to pay assessed real property taxes. The three year lease complies with the City Charter and does not require the property be declared as surplus. Commissioner Thomas moved to approve the three year lease agreement with Head Start Child Development and Family Services, Inc. at 701 N. Missouri Ave. for $1. The motion was duly seconded and carried unanimously. b) Discussion re responses for Interim City Attorney Deputy City Manager Kathy Rice explained attorneys Gerald A. Figurski and Alan S. Zimmet sent letters expressing interest in the position of Interim City Attorney. The third attorney recommended by the Commission, Mr. Hubbard, declined due to time constraints. Mayor Garvey noted her preference for Mr. Zimmet who worked for the City for a number of years. She viewed his hiring as a positive move forward. Commissioner Thomas pointed out the Interim City Attorney is to be Chair of the Screening Committee. He felt a fresh approach was needed and endorsed Mr. Figurski. Mayor Garvey said Mr. Zimmet quoted a rate of $125 an hour while Mr. Figurski's rate is between $150 and $200 an hour. Commissioner Deegan said Mr. Figurski offered a discount on those rates although he did not clarify the amount. Ms. Rice reported she had advised both attorneys that the City would want a considerable discount and indicated staff would negotiate a rate. Commissioner Thomas moved to hire Gerald Figurski as Interim City Attorney subject to negotiation of the fee. The motion was duly seconded. Ms. Rice said clauses, including a confidentiality clause, will be added to the contract. It was the consensus of the Commission to have the Administrative team negotiate the contract. Ms. Rice reported advertisements have been placed in the paper. She had indicated to Messrs. Figurski and Zimmet that a City Attorney would be hired in approximately 90 days. Commissioner Fitzgerald questioned if the Charter requirement for four affirmative votes to hire the City Attorney would apply to the Interim City Attorney. It was indicated it would. Upon the vote being taken, Commissioners Deegan, Berfield, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion failed. Commissioner Fitzgerald noted Mr. Zimmet is familiar with the City and staff and felt he would be the logical choice for the interim position. He suggested staff may be able to negotiate a lower rate. Commissioner Thomas recommended Screening Committee members come from Tampa, Clearwater, St. Petersburg and north county. Mayor Garvey recommended this be discussed as an item on a future agenda. Commissioner Thomas recommended against members serving on the selection committee who often appear before the Commission. The Commission concurred. Ms. Rice said she would contact the names recommended by the Commission and bring back a list of interested candidates to Thursday's meeting. Commissioner Deegan moved to hire Alan Zimmet as Interim City Attorney subject to successful negotiation of the contract. The motion was duly seconded. Upon the vote being take, the motion carried unanimously. The Commission recessed from 3:19 until 3:30 p.m. CITY ATTORNEY REPORTS ITEM #36 - Other City Attorney Items a) No item. Commissioner Deegan questioned why the Assistant City Attorney pay plan had been removed from the Agenda. Ms. Rice explained it was felt this should be delayed until a new City Attorney is hired. Commissioner Deegan questioned when the Assistant City Attorneys were granted their last salary adjustment. Mr. Hull indicated on October 1, 1992. Commissioner Deegan felt it unfair they had not received a salary adjustment since that date. Ms. Rice suggested adjusting the salaries but letting the new City Attorney develop and adopt a plan. Commissioner Deegan suggested salary increases be calculated in a manner similar to Supervisor and Management Personnel (SAMP) plan employees. Mayor Garvey suggested management review the evaluations and calculate increases according to the SAMP formula. Commissioner Deegan moved to adjust the salaries of the Assistant City Attorneys based on the same formula as used for SAMP employees, based on evaluations they received, retroactive to October 1, 1993. The motion was duly seconded and carried unanimously. b) Direction whether to appeal Hearing Officer decision in Charles W. and Brenda N. Walters v. City The Hearing Officer reversed the DCAB decision to grant the application for dock length, width, and setback variances to allow the reconstruction of the public pier facility at the west end of Magnolia Drive. A decision must be reached regarding an appeal of the decision to the Circuit Court on grounds the Hearing Officer did not properly consider the six conditions limiting the granted variances. The City applied for variances to build a replacement dock for one destroyed by the "No-Name" storm in March 1993. The Development Code Adjustment Board (DCAB) approved the project by a 3-2 vote with conditions regarding signage, lighting, and an electronic security device. Neighbors had expressed concerns there be adequate police protection. Mr. and Mrs. Walters appealed the DCAB decision to a Hearing Officer. On February 17, 1994, the Hearing Officer reversed DCAB for a number of reasons. He stated a smaller dock could be built according to code and the conditions attached by DCAB did not assure property owners that all matters would be addressed. Mr. Lance said the only way to fight the appeal is to attack that finding. He felt there was one chance in three that the order could be overturned. Commissioner Thomas questioned if the proposed dock was the same size as the original one. Mr. Lance said it was and reported the City asked for variances to build a replacement dock: 92.5 feet long where 32.5 feet is permitted; 40 feet wide where 22.75 feet is permitted; 12.5 foot side setback where 20 feet is required. Mayor Garvey noted the City could build a smaller pier by code. Commissioner Deegan noted if the width conformed, the side setback would not be required. He noted problems feared by neighbors could occur on a pier, no matter what its size. Commissioner Berfield questioned the concerns expressed by neighbors. Mr. Lance said the major complaints revolved around use of the dock for nefarious purposes. He noted if the pier is built to smaller specifications, no conditions will be attached. Commissioner Deegan recommended against returning to court. He expressed interest in building a fishing pier at that location and noted many citizens have said they miss the pier. He suggested building the smaller pier with the conditions regarding lighting and signage. He did not want the City to appear to be spiteful. Commissioner Deegan moved that the City not direct this issue to the Circuit Court and gave direction to the City Manager to build a pier within code and include the conditions for lighting and signage. The motion was duly seconded. David Martens indicated he spearheaded the effort in his neighborhood to have the dock rebuilt as it previously existed. He said 99% of those who use the Harbor Oaks dock are neighborhood residents who walk there. The small number of visitors who caused problems have not been eliminated. Mr. Martens said neighbors want an architecturally attractive replacement of the dock. He hoped the smaller dock would also have a roof and be of a design similar to the homes in Harbor Oaks. Mr. Martens said he has been told if the City does not replace the dock as it previously existed, the whole permitting process would have to be followed and could take two years to obtain. He said 87 of the 94 homes in Harbor Oaks favor rebuilding the old dock. He hoped the Police Department could provide enough oversight to reduce problems. Mr. Baker said a variance would still be required if a roof is built on a smaller new pier. Mr. Martens requested the Commission appeal the Hearing Officer's ruling. Commissioner Thomas questioned if the Hearing Officer was aware the City was trying to replace what had been there. Mr. Lance said at the hearing it was described as a historical dock torn out by the storm and the City was trying to replace the same dock. He reported damage claims have been filed by Mr. Walters because when the storm tore out the dock, it destroyed some real property. Commissioner Thomas expressed concerns that a large percentage of Harbor Oaks residents want to replace a historical edifice. Mr. Lance said the City could wait the mandatory nine months, apply for the variances again, and see if there is opposition at that time. He noted DCAB looks favorably on petitions supporting requested variances. Commissioner Deegan withdrew his motion and the seconder withdrew the second. Mr. Baker noted nine months is less time than it would take to permit a new pier. He suggested it was worth another try. It was the consensus of the Commission that staff apply once more for the appropriate variances as soon as possible. ITEM #37 - City Manager Verbal Reports Discussion of Sunshine Manor The National Seniors Benevolent Association, Inc. (NSBA) proposes to issue a tax-exempt revenue bond not to exceed $5 million for the purpose of acquiring a mortgage held by the Resolution Trust Corporation (RTC) for Sunshine Manor, an Adult Congregate Living Facility (ACLF) at 701 Madison Avenue South in Clearwater. The Underwriter, JC Bradford Company, stated if the City of Clearwater lends the use of its name to the issuance of said bond, the City of Clearwater would be subject to no liability. When the bonds have been fully paid off, title to Sunshine Manor will be vested in the City of Clearwater and the facility will be in good repair. Sunshine Manor, an ACLF comprising of 140 units and licensed for 280 beds, is a non profit organization dedicated to meeting the needs of the elderly poor. The RTC is seeking to foreclose on April 24, 1994. Mr. Cortland Rudolph of JC Bradford in Gainesville explained his company is the potential underwriter for a bond issue to be issued by the Florida Community Housing Association, Inc. He said they plan to use 6320 financing which allows a non-profit corporation to issue bonds on behalf of a public body, the City of Clearwater. There would be no financial obligation by the City of Clearwater. The NSBA requests the City of Clearwater to approve the membership of their board of directors for the Florida Community Housing Association, Inc., approve the issuance of bonds by the NSBA, a non-profit corporation, and agree to accept the facility once the bonds are paid off in thirty years. The City then has the option to do whatever it wants with the building, including returning it to the non-profit agency. The resolution states there is no liability on the part of the City and the financing is entirely the responsibility of the NSBA. The City's attorney fees are to be paid by the NSBA. He said there are no out of pocket expenses to the City. Mr. Rudolph noted even if the City approves the resolution, there is no guarantee the bonds will be sold. A positive feasibility study must first be completed before JC Bradford will consider underwriting the bonds. The market for this type of facility is difficult. Ms. Rice explained the City received a call from this group on Thursday, April 14, 1994. Neither staff nor bond counsel has reviewed the proposal. Ms. Rice noted the County also can issue these kinds of bonds. Mr. Rudolph said the NSBA has an appointment with the Pinellas County Housing Authority on April 21, 1994. Mayor Garvey questioned the response of the Clearwater Housing Authority (CHA). Mr. Rudolph reported CHA turned them down but gave no explanation. Commissioner Thomas questioned the financing mechanism and what would happen in case of a default. Mr. Rudolph said if the property goes into default, the bondholders are left holding the bag but nothing would happen to the City of Clearwater. He explained if the property is sold after it goes into default, it would be removed from the tax exempt bond category and ownership would not revert to the City. Ms. Rice said prior to authorizing this contract, the City would request a specific recommendation from bond counsel. Commissioner Thomas questioned if Clearwater would be responsible for the care of those in the facility when the property reverts to the City. Mr. Rudolph explained the property could be deeded back to the non-profit organization or sold for $1. There would be no commitment to continue the facility as is. Commissioner Deegan noted the attachments are from an old study and contain outdated information. He questioned why the amount dropped from $7.25 million to $5 million and why an earlier bond issue failed. Mr. F. J. Burr, President of the NSBA, explained the organization was created in 1988 for the purpose of acquiring and operating an ACLF, focusing on Sunshine Manor. RTC was created in 1989. Mr. Burr said he has been negotiating with the RTC since then to bailout this property. In 1991, the NSBA had a feasibility study completed and planned on Raymond James underwriting the bond. At the request of the Pinellas County Commissioners, the NSBA approached the Pinellas County Health Department for sponsorship. During negotiations, the Pinellas County Health Department lost the services of their financial advisor and were unable to make further decisions. Mr. Burr stated the feasibility study for the proposed $7.4 million bond showed there was ample debt service coverage (1.25:1) based on the preparers' forecast. Mr. Burr noted interest rates have decreased since the study was completed. He said further negotiations with the RTC resulted in a lower $4.5 million payoff arrangement. The bond is now proposed not to exceed $5 million. He estimated the debt service would now be closer to 1.7 or 1.8. He said the NSBA has been able to meet the target occupancy requirements as predicted by the 1991 feasibility study. Current occupancy is between 138 and 140. He said the image of Sunshine Manor has improved dramatically since the NSBA has taken over its management. He said residents cannot afford to live in a nursing home at their own expense. Their condition precludes them from being housed in other ACLF's that are hesitant to accommodate those with Alzheimer's disease, senile dementia, or double amputations. Mr. Burr suggested the price to the taxpayer would increase significantly if these patients lived in nursing homes under Medicaid funding. Mr. Burr said the NSBA has invested every dollar it has made back into the facility. Commissioner Deegan noted the NSBA stated the RTC would likely extend its deadline if a government body expressed interest in backing the project. He asked if it was possible for the NSBA to advise the RTC they are in discussion with the City without a commitment. Mr. Burr felt if the NSBA could demonstrate there is a possibility of a successful bond issue, the RTC would request their attorney to suspend the foreclosure action until the bond can be brought to fruition. Mr. Burr pointed out the property is a single purpose project with limited use. Commissioner Deegan questioned the NSBA's track record. Mr. Burr explained the NSBA is a 501c3 organization created solely for the purpose of acquiring Sunshine Manor. Mr. Burr said he works full time on this program and receives no compensation. Ms. Benevich, a CPA with Lovelace, Roby, & Co., explained a new feasibility study would result in all new projections. She noted a prediction of a loss in the early years is not unusual. Mr. Burr said they cannot complete another $25,000 - $30,000 feasibility study until a sponsor is identified. Commissioner Deegan noted the profits for '93 are a half million short of the projections made in the '91 study. Resident fees were estimated to be $1.9 million but the actual income was $1.5 million. Mr. Burr admitted he had not analyzed those figures. Commissioner Deegan encouraged the provision of this type of housing for senior citizens. He said he could not approve an agreement without the City's Bond Counsel and finance staff review. Ms. Rice said the City could not provide an answer to the NSBA by April 25, 1994. She did not think the bond counsel would approve an agreement without a feasibility study. Mayor Garvey agreed Sunshine Manor was an important asset for the community. She recommended the City not dismiss this request but noted the importance of reviewing the numbers before approval. Commissioner Thomas concurred. Mr. Burr said a provision in the statute that created the RTC provides special consideration to municipalities and non-profit corporations who are performing a public service. He said the NSBA has been trying to float a bond for some time and the RTC is skeptical they will find a sponsor. There can be no bond without a feasibility study. Commissioner Thomas moved that the City of Clearwater is interested in reviewing this issue within 60 days based on data brought back to the Commission from the NSBA with their current review and analysis, the City's bond counsel and staff. The motion was duly seconded and carried unanimously. Mayor Garvey noted the NSBA is encouraged to continue to work with the Pinellas County Housing Authority, as well. Mr. Burr questioned if it was permissible to tell the RTC the City is considering the bond issue. It was indicated it was. Ice House Mr. Rice said the plans and specifications for the Ice House were due April 15, 1994. Staff received a permit application at 4:15 p.m., Friday, April 15, 1994, with too few drawings to start the plan review process. Ms. Rice said she would meet with the City Attorney's office to see what can be done. Reschedule Capital Improvement Budget Meeting A Capital Improvement Budget Meeting is scheduled for April 25, 1994. Management is unable to meet with staff until Wednesday, April 20, 1994. The package of materials cannot be forwarded to the Commission until Friday, April 22, 1994, which does not give the Commission time for review. Commissioner Deegan requested the packet be sent to Commissioners on April 21, 1994. Ms. Rice estimated Wednesday's meeting would last until 6:00 p.m. She said staff would do their best to get it to the Commission. Commissioner Thomas requested more time to review this important document. It was the consensus of the Commission to cancel the CIP Budget Meeting for April 25, 1994, and reschedule it for April 27, 1994, following the scheduled sign variance meeting. If more discussion is needed, an additional meeting will be scheduled at that time. ITEM #38 - Commission Discussion Items a) Definition of Environmentally Sensitive Land The Environmental Management's suggested definition of environmentally sensitive land is: Environmentally Sensitive Lands shall mean those properties or portions of properties that contain water or land features of unique value to the welfare of the citizens of Clearwater or to the desirable members of the plant or animal community. Peter Yauch, Assistant Director of Public Works, said the Environmental Advisory Committee (EAC) endorsed the definition but is still debating the legal ramifications of developing a list of such properties. Ms. Rice explained staff is concerned a list would identify private properties that could not be developed. This might be considered a "taking" and the City would then be responsible for reimbursing affected property owners. Mayor Garvey suggested when a property is proposed for development, the City review the property's environmental sensitivity. Commissioner Thomas said the ZOM development on Tampa Bay heightened awareness of this issue. Mayor Garvey noted that property was not environmentally sensitive. Commissioner Thomas disagreed. Commissioner Deegan noted the definition is all encompassing. He felt the examples did not clarify or limit the language. Mr. Baker pointed out that environmentally sensitive land is so designated on plants and development is restricted in those areas. Commissioner Thomas felt it important to inventory the few remaining parcels of undeveloped land in the City to determine if the Commission wants to purchase any of it to set aside as a nature preserve. Mr. Baker said a definition will trigger environmental staff's review of proposals for development. Mr. Baker noted the ZOM property was viewed by staff as a beautiful piece of land but not "environmentally sensitive" even if it could have been developed into a park. Commissioner Berfield questioned if the City had a map identifying undeveloped properties. Ms. Rice said there is recognition of vacant property in the Comprehensive Land Use Plan. Commissioner Berfield requested staff review vacant property and identify land that may be important to Parks & Recreation or is environmentally sensitive or valuable for stormwater retention. Commissioner Thomas felt undeveloped properties need to be reviewed to determine if there is a problem and/or opportunity to preserve sensitive land. Commissioner Deegan suggested the EAC be assigned this task. The Commission's consensus concurred with this suggestion. Commissioner Deegan thanked staff and the EAC for their efforts but asked the definition not be used. Consensus of the Commission concurred. Mr. Baker said as vacant property is proposed for development, staff will review each proposal carefully for its environmental sensitivity. b) September ballot question The City Clerk stated she is looking for direction regarding what to include in the September ballot question regarding the City Hall project. Commissioner Deegan said the referendum is for a municipal services building, not a new City Hall. He felt it important that voters know the proposed parking garage will be shared with the Police Department. It was the consensus to use the term "Clearwater Municipal Services Building." Commissioner Fitzgerald questioned how the cost of the parking garage will be determined for inclusion in the referendum. Mayor Garvey noted the cost would include the municipal services building's portion of the garage. Commissioner Deegan suggested it be clear that renovations planned for the existing City Hall are required. Commissioner Thomas did not think renovating the existing City Hall should be part of the question. He said referendums should not be used to maintain or upgrade existing buildings. Commissioner Fitzgerald felt the renovation of the present City Hall is part and parcel of the question that relates to the "City Hall" issue. Commissioner Thomas noted the Commission is discussing building a new municipal services building, not a City Hall. Commissioner Thomas recommended the referendum not identify the number of floors, just the size, up to 75,000 square feet. Mayor Garvey questioned why the Commission is not having a referendum on the Police Department building. Commissioner Thomas said that building is related to public safety. Mayor Garvey said other City buildings are "sick" and maintained a new municipal services building is needed for public safety, too. Commissioner Deegan said the referendum was scheduled because of public concerns about a new City Hall. He said he heard no complaints about plans for a new Police Department building. Ms. Rice indicated the questioned needed to be worded carefully in order for the Commission to receive the information it desired. It was the consensus of the Commission that there should be one ballot question. The question will ask if the voters want a Clearwater Municipal Services Building of up to 75,000 square feet at a cost of up to $____________. The cost is to be determined by deleting the City Hall renovations and any other costs not directly related to the building from the estimates provided by Rowe & Donnell. c) Swearing-in procedures Procedures recommended by the City Clerk for swearing-in speakers at public hearings are: 1) those who anticipate commenting will be asked to rise and be sworn at the beginning of each public hearing; 2) the Clerk will swear-in all individuals standing as a group; 3) as speakers identify themselves, the Mayor will inquire if they have been sworn. At that time, the Clerk will swear-in individuals who respond in the negative. Public hearing notices will be revised to indicate all individuals speaking at public hearings will be sworn prior to making their statements. Unless verified, courts will not recognize testimony as sworn. Few municipalities swear-in speakers. Those that do, basically follow the procedure outlined. Mayor Garvey and Commissioner Fitzgerald saw no need to swear in speakers. Commissioner Deegan said if the procedure becomes unwieldy, it can be changed. Commissioner Berfield moved to approve the procedures recommended by City Clerk. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. ITEM #39 - Other Commission Action Commissioner Deegan requested the replacement of the drapes in the Chambers which he brought up at the April 4, 1994, meeting be added to the tracking list. Ms. Rice reported staff is obtaining bids on cleaning or replacement. Commissioner Deegan also requested the amendment he asked for to the Library's Long Range Plan be placed on the tracking list. This item was also brought up by him at the April 4, 1994 meeting. ITEM #40 - Adjournment The meeting adjourned at 4:55 p.m.