05/02/1994 CITY COMMISSION MEETING
May 2, 1994
The City Commission of the City of Clearwater met in regular session at City Hall, Monday, May 2, 1994 at 10:11 a.m., with the following members present:
Rita Garvey Mayor/Commissioner
Fred A. Thomas Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Arthur X. Deegan, II Commissioner
Also present:
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Alan A. Zimmet Interim City Attorney (left the meeting at
11:20 a.m.)
Paul Richard Hull Assistant City Attorney (arrived 11:31 a.m.)
Peter J. Yauch Acting Public Works Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Assistant City Manager.
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
Commissioner Thomas moved to approve the minutes of the regular meeting of April 4, 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 questioned on page 23 of the April 18, 1994, minutes, the reference that there was Commission concurrence regarding the attorney's serving on the selection committee
not being individuals that come before the City Commission. The Clerk indicated no objections were voiced at the meeting.
Commissioner Thomas moved to approve the minutes of the regular meeting of April 18, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The
motion was duly seconded and carried unanimously.
Commissioner Thomas moved to approve the minutes of the special meeting of October 7, 1993, 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 special meetings of February 16, and 17, 1994, as amended by adding as an Exhibit the report from Ruth Ann Bramson that resulted
from those two meetings. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to approve the minutes of the special meeting of March 23, 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 special meeting of March 28, 1994, as corrected by the City Clerk. The motion was duly seconded and carried unanimously.
ITEM #3 - Presentation: Status of the Long Center - Mark Abdo
Ream Wilson, Director of Parks & Recreation, reported in FY '92-'93, the City's share of the Long Center's residual expenses (the difference between the Center's revenue and expenses)
was $225,572. Also sharing responsibility for these expenses are Safety Harbor and Clearwater for Youth. Had the City's payment been based on use rather than population distribution,
Clearwater's share would have been $201,000, 75% of the expense, rather than 84.7%.
The City rents a 945 square foot office at the Center for $17,000 per year. The City also supports a repair fund and rents miscellaneous items, such as lockers for life guards. Two
and 1/2 City staff members work at the Long Center. Two additional City employees transferred to the Center when the therapeutic program moved there from Ross Norton Pool. The total
annual City contribution to the Long Center in FY '92-'93 was $419,340.
Mr. Wilson introduced Long Center Executive Director Mark Abdo, who presented the Center's FY '94-'95 operating budget that proposes a five percent decrease in funding from Clearwater
and other contributing agencies, as well as $20,000 of new revenue for Long Center programs, and a $62,861 miscellaneous revenue, generated by programs sponsored by the Long Center.
He introduced Kathleen Simon, Fund Raiser for the Foundation; Doug Graska and Bill Chisholm, members of the Board of Trustees; Tim Burger, Board of Directors member, and Mark Myers,
the program and operations Manager.
Mr. Abdo noted July marks the Center's fourth anniversary. He said attendance was increasing and reported last year's attendance topped 900,000 user hours. The Center has been approved
by the Olympic Organization for swimming, water polo, martial arts, table tennis, basketball and volleyball training. He reported the Swedish Swimming Team indicated they will
practice at the Center before and after the 1996 Olympics in Atlanta. Mr. Abdo said Canadian groups have expressed interest in the facility.
The Center spends about $1,500 per month on marketing that includes a video on the Center, support materials, and brochures. Corporate picnic packages are now being marketed. This
summer, ten PSTA bus routes will identify the Long Center and extra bus routes will be added.
Mr. Abdo reported the Center did not meet its membership targets during FY '92-'93. He indicated the increased prices proved unpopular and were rolled back. He estimated Clearwater's
contribution will decrease by $11,279 next Fiscal year.
Long range plans include programs for the hours of low usage. He reported increased miscellaneous revenues will come from corporate picnic packages and a Friday Night Live preventive
program supervised by the Police Department for ages 9-14. Additional revenues will come from Olympic training.
Mr. Abdo indicated the Long Center Foundation Board of Trustees will increase their support by 25% to $175,000 per year. He reported a modest increase in expenses. A USF economic
impact study will be completed in the Fall.
Commissioner Thomas noted in the annual budget, memberships, daily visits, and earned income were down. He indicated the Center was built for Clearwater residents and was concerned
some of the marketing efforts would reduce availability to them.
Commissioner Thomas thanked the Foundation for their increased contribution. He questioned why revenues were down. Mr. Abdo said last year's budget was aggressive. He reported increased
fees were responsible for a 50% decrease in memberships. He said a rollback promotion is underway.
Commissioner Thomas suggested the Center add a third column in the next annual operating budget for actuals. He questioned what rate international teams pay. Mr. Abdo indicated they
pay the same fee as other facility users. Repeat visiting teams are assigned prime times.
Commissioner Thomas expressed concerns that using the Center as a training facility for out of town athletes would crowd out Clearwater residents. Mr. Abdo stated this would not be
the case.
Commissioner Deegan noted the Commission expressed concerns last year with the aggressive membership numbers included in that budget. He questioned who would cover a shortfall and
requested its size be estimated. Mr. Abdo expected this year's shortfall to be $30,000. Commissioner Deegan questioned who would make up the loss. Mr. Abdo explained his board reviews
the budget monthly and provides options.
Kathleen Simon, Executive Director of the Long Center Foundation, reported their board increased by 33 members. She stated fund raising events will help the Center gain further exposure.
She felt confident the Foundation would meet its increased financial obligation. She reported the Foundation supports a Learn to Swim Program overseen by Parks & Recreation that busses
four-year old Head Start children to the Center from Condon Gardens. The Foundation has expressed interest in expanding the program to accept five- and six-year old children. Ms. Simon
indicated the Foundation also has committed to increasing funding for the scholarship program.
Mayor Garvey reported she visited the Center recently for the Children's Health Fair that was a great success. She thanked the many volunteers at the Center.
Commissioner Thomas requested Mr. Abdo provide the Commission with the FY '93-'94 actuals when they are available. He requested the City Manager forward a copy of Mr. Wilson's comments.
Commissioner Berfield questioned if Safety Harbor plans to continue supporting the Center. Mr. Abdo said he met with Safety Harbor and believes the newly elected City Commission would
be a viable partner.
ITEM #4 - Citizens to be heard re items not on the Agenda
Bob Wright thanked the Commission for its efforts regarding the roll back of corporation filing fees. He requested people contact the Governor and encourage him to sign the legislation.
CITY MANAGER REPORTS
ITEM #4a - Discussion re Interim City Attorney's Role
Alan Zimmet indicated he began working for the City as Interim City Attorney on April 25, 1994. He met with the Legal Department staff and attorneys and assessed their work loads.
He reviewed litigation matters and made a list of nonlitigation matters and due dates. He contacted the City's outside counsels and requested each submit an evaluation report that
includes a budget, a review of each case, and a future outlook. He requested outside counsel forward similar reports every 90 days.
Mr. Zimmet questioned if the Commission wished him to attend Commission meetings and their expectations for the City Attorney Selection Committee. He reported Mr. Galbraith returned
to work as Senior Assistant City Attorney.
Commissioner Deegan felt an Assistant Attorney could be present at meetings with Mr. Zimmet appearing, as necessary, to present reports.
Consensus was that Mr. Zimmet would not regularly attend City Commission meetings and an item would be placed at the beginning of Monday meeting agendas titled "Interim City Attorney
Reports."
Regarding the Selection Committee, consensus was the Committee would develop a short list of three to five candidates for the Commission to consider. Commissioner Berfield requested
additional names be presented if more than five candidates are equally qualified. Consensus was to allow this.
Mr. Zimmet requested the time frame in which the Committee was to provide the short list.
It was the consensus of the Commission that the short list of recommended candidates for the City Attorney would be ready by June 16, 1994.
Mr. Zimmet reported Allen's Creek Properties won their case against the City regarding the provision of sewer services to non-annexed property. He said the appeal had to be filed within
30 days and requested a closed door session be held to review options.
It was the consensus of the Commission to hold the closed session at 5:00 p.m. on May 5, 1994, prior to the scheduled City Commission meeting.
Discussion returned to the City Attorney replacement process. It was the consensus each Commissioner would first interview candidates individually. The top two or three candidates
will then be interviewed by the Commission as a whole.
Commissioner Deegan requested an estimated date for Assistant City Attorney Surette's return from sick leave. Mr. Zimmet said he had been told Mr. Surette plans to return in September.
He is attempting to contact Mr. Surette personally. Lindy Gordon is filling in on a part time basis. Mr. Surette's remaining work is being distributed among the other attorneys.
Commissioner Fitzgerald noted Mr. Surette's absence is longer than the ten weeks originally indicated. Kathy Rice, Deputy City Manager, indicated the ten weeks was the amount of earned
sick leave Mr. Surette had available to him. His status will be reviewed.
CONSENT AGENDA (Items #5-20) - Approved as submitted less items 10, 12, 13, 14, 16 and 17.
ITEM #5 - Extension of contract for purchase of envelopes with Tampa Envelope Manufacturing, Tampa, FL, for the period 05/14/94-05/13/95, at an estimated $15,000 (AS)
ITEM #6 - Extension of contract for purchase of miscellaneous office supplies with Tampa Office Supplies, Tampa, FL, for the period 05/22/94-05/21/95, at an estimated $80,000 (AS)
ITEM #7 - No item.
ITEM #8 - Purchase of one 1994 Ford E-150 1/2-ton cargo van from Prestige Ford, Inc., Eustis, FL, for $13,900 (GS)
ITEM #9 - Purchase of three 3-wheel 1994 Cushman Model 530 utility vehicles from Golf Ventures, Lakeland, FL, for $28,125; financing to be provided under City's master lease-purchase
agreement with Security Capital Corp. (GS)
ITEM #10 - See Page 6.
ITEM #11 - Purchase of one 1994 Ranger 1/4-ton Pickup Truck from Heintzelman's Truck, Orlando, FL, for $10,7 (GS)
ITEM #12 - See Page 7.
ITEM #13 - See Page 8.
ITEM #14 - See Page 9.
ITEM #15 - Contract to provide a computer based State and Federal Law training program to The Police Law Institute, Technology Innovation Center, Oakdale, IA, for the period 07/01/94-06/30/95,
for $24,000 (PD)
ITEM #16 - See Page 9.
ITEM #17 - See Page 10.
ITEM #18 - 1994 Sanitary and Storm Sewer Restoration Contract, Part A, to Madsen/Barr Corp., Longwood, FL, for $219,758 (PW)
ITEM #19 - 1994 Sanitary and Storm Sewer Restoration Contract, Part B, to Lanzo Lining Systems, Inc., Pompano Beach, FL, for $318,220.30 (PW)
ITEM #20 - Deed of portions of Lots 1 & 2, Rainbow's End Sub. from Victor and Elizabeth Dick (CA)
Commissioner Thomas moved to approve the Consent Agenda as submitted less items 10, 12, 13, 14, 16 and 17 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #10 - Purchase of two 1994 Ford 4-door Explorer 4x2 and two 1994 Ford 4-door Explorer 4x4 from Carlisle Ford, St. Petersburg, FL, for $83,386; financing to be provided under City's
master lease-purchase agreement with Security Capital Corp. (GS)
In 1993, staff recommended purchasing two utility 4x2 four-door vehicles and two utility 4x4 four-door vehicles from the State Contract. The vehicles were first bid in June 1993.
Due
to model year changes and anticipated factory pricing assistance, the bid was reissued July 20, 1993. At the August 13, 1993, bid opening, the one bid received was from a Chevrolet
dealership with a September 1993, factory cutoff date for orders. The bid exceeded estimated replacement costs and staff was unable to obtain Commission approval within the time frame.
A decision was made to await new State contract pricing and purchase the vehicles in FY '93-'94.
The re-issued bid opened on December 13, 1993 but no bids were received because Ford and Jeep were unable to obtain 1994 pricing information and Ford had sold all production models
to dealerships and/or individuals.
A re-issued bid opened on March 16, 1994 and received one bid from Carlisle Ford. 18 firms did not respond. The Public Works Department/Infrastructure/Public Service Division requested
the vehicle specifications be changed to two-wheel drive, four-door Jeep-type vehicles. The Department requested the 1/4-ton pickup be replaced by a vehicle large enough for a supervisor
to transport more than one passenger and with an area for dry storage. The 3/4-ton pickup specifications were changed to a vehicle needed to transport personnel to various job sites.
The scheduled replacement of the four vehicles was approved by the City Commission during the FY '92-'93 budget hearings. The cost of the proposed replacement vehicles exceeds Fleet
Maintenance's estimate by $26,386.
Commissioner Deegan noted since the original purchase was scheduled almost two years ago, the price has increased almost 50%. He questioned if these particular vehicles were needed
or could less expensive ones suffice. William Baird, General Services Director, reported Public Works has expressed a need for these vehicles. Commissioner Deegan questioned what procedure
the City follows when costs surpass budgeted figures.
Commissioner Berfield moved to continue this item in order for this request to be reassessed to justify costs. The motion was duly seconded.
George McKibben, Purchasing Manager, reviewed the problems associated with this bid. He reported the next State contract bids will be available in January 1995. Mayor Garvey questioned
if the City could wait until then for these purchases. City Manager Betty Deptula indicated she would review this matter and provide an answer for the City Commission at their May 5, 1994
meeting.
Upon the vote being taken, the motion carried unanimously.
ITEM #12 - Purchase of one 1994 Chevrolet Corsica sedan from Sunshine Chevrolet, Tarpon Springs, FL, for $12,74.84 (GS)
Bids were solicited and received for the purchase of 11 vehicles to be used by the Gas System in its daily activities. This item is for the purchase of a 1994 Chevrolet Corsica sedan.
The specifications for the other approved sedans have changed and will be purchased separately.
In January 1994, staff recommended the purchase of Ford Crown Victorias as replacement sedans. The responding Ford dealerships did not submit bids for Crown Victorias. The Chevrolet
Corsica was the low-bid sedan.
Commissioner Thomas questioned the City's process for purchasing vehicles. He suggested interspersing Chevrolets in the predominantly Ford fleet will increase maintenance expenses.
He recommended developing a better procedure for purchasing and standardizing.
Mr. Baird agreed current City purchasing practices are not synchronized and could be improved. He stated present procedures require staff to bid all purchases, even those covered by
State contracts. By the time local bids are returned, it is often too late to take advantage of State discounts. He noted the difficulty in standardizing the fleet with the City's
present bid process.
Commissioner Thomas questioned Mr. Baird's recommendation for an ideal procedure. Mr. Baird recommended once the City Commission approves the replacement list, it should be turned
over to the Purchasing Department for development of specifications. Purchasing could then coordinate purchases with vendors. He suggested the City either make all of their State contract
purchases on one date or provide a letter of intent stipulating how many units the City needs so the vendors can strive to have them available when needed.
The City Manager explained on occasion, local bids may beat the State contract by a few dollars. She reported several years ago the Commission had directed staff to obtain local bids
for every purchase to compare with State bids. This procedure places many constraints on staff. Ms. Deptula recommended the City accept State contracts. She believed production would
increase dramatically if the procedure for purchasing could be streamlined. She reiterated a local price may be lower once in a while. If the contract does not fit City needs, Purchasing
then can advertise for local bids. Consensus was to accept Ms. Deptula's recommendation regarding using State contracts.
It was questioned if the Corsica had to be purchased. Ms. Deptula indicated this vehicle is for the Gas Division. Mr. McKibben stated if this vehicle is needed this year, the Corsica
is all that is available. If the vehicle is not essential this year, it would be better to wait.
Commissioner Thomas moved to continue Item #12. The motion was duly seconded and carried unanimously.
ITEM #13 - Purchase of six 1994 Chevrolet C-3500 1-ton 4x2 trucks with utility body from Ferman Motor Car Co., Tampa, FL, for $108,749.46; financing to be provided under City's master
lease-purchase agreement with Security Capital Corp. (GS)
Bids were solicited and received for the purchase of 11 vehicles to be used by the Gas System in its daily activities. This item involves the purchase of six 1994 Chevrolet C-3500
1-ton 4x2 trucks with utility body. The City Commission approved the vehicles' purchase during the FY '93-'94 budget hearing meetings.
Commissioner Thomas questioned why the City was purchasing Chevrolet vehicles. He noted Ford's bid was only $50 higher.
He moved to continue Item #13 to determine if the bid for the Ford vehicle could be awarded. The motion was duly seconded and carried unanimously.
The City Manager requested Purchasing be allowed to discontinue the practice of polling and questioning all vendors who do not respond to the City's requests for bid. She noted how
time consuming this practice was for staff.
It was the consensus of the Commission for the City Manager to poll vendors only if she feels it is warranted.
ITEM #14 - Purchase an AXXIS optical imaging system (for Clearwater Sun newspaper archives at the Clearwater Public Library System) from Xerographics, Largo, FL, for $37,371; authorize
a 5 yr lease/purchase through Security Capital Corp. for applicable system costs of $35,871 (LIB)
In March 1991, the former publishers presented to the Library the Clearwater Sun's collection of clippings, photographs, and negatives. Optical disk technology was chosen to store,
organize, and index the material due to its high storage capacity, labor-saving scan approach to database building, and archival stability.
Commissioner Deegan questioned the difference between the cost and the amount to be financed. Carolyn Moore, Library Division Manager, reported $1,500 for installation and training
cannot be financed. The total cost for the system is $37,371.
Commissioner Thomas questioned how this system differs from the one requested by the City Clerk Department. Laura Chase, Information Services Manager, explained the Library was ordering
a stand alone unit, single user system. The Clerk's system would be City-wide.
It was indicated the system for the Clerk Department is being delayed for a year.
Commissioner Thomas questioned how much information each disk would hold. Ms. Moore said each CD ROM disk holds 30,000 pages of material and the "Juke Box" container holds 16 disks.
Commissioner Thomas questioned if this was large enough for future expansion. Ms. Moore explained because the collection is limited, 16 is the maximum number of disks that will be
needed. She said the system can be expanded by adding data bases. She noted some "juke box" containers hold 2,000 CD ROM disks.
Commissioner Deegan moved to approve the purchase an AXXIS optical imaging system. The motion was duly seconded and carried unanimously.
ITEM #16 - Agreement with Pinellas County and other adjacent municipalities to control pollutants associated with stormwater discharges to and from Clearwater (PW)
Pursuant to the Federal Clean Water Act requirements, the U.S. Environmental Protection Agency (EPA) developed regulations under the National Pollutant Discharge Elimination System
(NPDES) requiring stormwater permits for municipal stormwater systems. For the purposes of NPDES permitting, Clearwater and other Pinellas County municipalities are designated as part
of the County municipal storm sewer system. Stormwater management programs are required to be implemented within a specific time. A Legal Authority to control pollutants to the storm
sewer systems that cross municipal boundaries must be established through interagency agreement.
This Agreement is to establish the relationship between the cities, FDOT and County to responsibly control pollutants from one municipal storm sewer system to another or to Waters of
the United States, and that each jurisdiction is independently and separately responsible for controlling the contribution of pollutants.
The City's NPDES Part 2 Municipal Storm Sewer Permit Application was submitted in May 1993. The City already cooperates to resolve water quality problems when requested to do so by
adjacent jurisdictions. No additional personnel or other budget impacts are anticipated by acceptance of the interlocal agreement. Staff recommends the City ratify this agreement and
provide more formal commitment to resolving identified pollutant discharges.
Commissioner Fitzgerald expressed concerns that this agreement was compatible with past work done by the City.
William Baker, Assistant City Manager, explained this agreement is simply formalizing what Clearwater and the other cities have been doing in regards to control of pollutants.
Commissioner Fitzgerald moved to approve the agreement with Pinellas County and other adjacent municipalities to control pollutants associated with stormwater discharges to and from
Clearwater. The motion was duly seconded and carried unanimously.
ITEM #17 - C.O.#6 & Final to Northeast Wastewater Residuals Handling Facility contract with Walbridge Contracting, Inc., Tampa, FL, increasing the contract time by 151 calendar days
(PW)
The Residuals Handling Facility is a new prototype sludge treatment and pasteurization system. Before placing the facility in operation, several field modifications and enhancements
to the process system have been required at the Contractor's expense. This Change Order No.6-Final is to provide the Contractor with a calendar day time extension necessary to complete
the work, place the facility in service, and close-out the project.
The Contractor requested a 79 calendar day time extension necessary to complete the conduit and wiring installations for the six external heaters furnished by the equipment supplier,
RDP. Included in the 79 days is the time required by RDP to complete performance testing, field calibrations, field adjustments and the factory modification made to the two pasteurization
vessels prior to shipment to the site.
Commissioner Fitzgerald expressed concerns with the five month extension. Peter Yauch, Acting Director of Public Works, explained this system is a prototype and design changes are
being made that are beneficial to the City.
Mr. Baker explained the contract specifications are based on performance. The manufacture had to make some modifications in order to meet contract specifications.
Commissioner Fitzgerald questioned if there would be a problem with the delay since the City was selling the "sludge farm." Mr. Baker reported the City has not used the "sludge farm"
for years and will continue to dispose of sludge by contracting for its removal until the project is complete. He assured the Commissioner the five month delay would not cause problems
with sludge removal.
Commissioner Fitzgerald moved to approve C.O.#6 & final to Northeast Wastewater Residuals Handling Facility contract with Walbridge Contracting, Inc., increasing the contract time by
151 calendar days. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #21 - Change in program description for the Infill Housing Program to waive income eligibility criteria for up to 4 active duty police officers per year to participate in the program
(ED)
The proposed change in program policy would waive, for up to four active duty Clearwater Police Officers per year, the income eligibility definition that prohibits participation by
households with incomes greater than 120% of area median. No officer would be allowed to live within 1,000 feet of another officer participating in the program. All other requirements
of the In-Fill Housing Program must be met.
Commissioner Fitzgerald questioned if the home purchaser will be required to live in the house. Alan Ferri, Community Development Manager, indicated the houses in this program must
be the participants' principal residences. The minimum length of occupancy is five years or as long as the mortgage is in effect.
Commissioner Thomas asked if there would be an incentive for participants to sell and make a profit from their property. Mr. Ferri indicated he did not think so.
Commissioner Berfield questioned how staff determined which Police Officers would be allowed to participate. Mr. Ferri explained the program is run on a first come - first served basis
for all participants.
Commissioner Thomas moved to approve the change in the program description for the Infill Housing Program to waive income eligibility criteria for up to four active duty police officers
per year to participate in the program. The motion was duly seconded and carried unanimously.
ITEM #22 - Rescind authorization issued by Agenda Items #51a & #51b, dated 12/03/92; authorize expenditure of local funds from account 684-07200-530300-554-000 to correct construction
problems for CDBG funded rehabilitation loans identified by CDM as deficient (ED)
On December 3, 1992, The City Commission acted on agenda item #51 (a) authorizing the expenditure of $100,000 of Community Development Block Grant (CDBG) monies to correct construction
problems in CDBG funded property rehabilitation projects. At that same meeting, the City Commission acted on agenda item #51 (b) authorizing the expenditure of $30,000 of CDBG monies
to correct CDBG funded property rehabilitation projects for three families: Watson; Shuman; and Elliott. The agenda cover memoranda for both resolutions listed an incorrect appropriation
code.
On July 13, 1993, the City Commission acted on a request from the Planning and Development Department (PLD #1) and authorized the Community Development Division to begin operating approved
housing programs and authorized revisions to the Housing Programs and Policies Manual. The background section of the agenda cover memorandum notified the City Commission that CDBG monies
could not be used for the expenditures authorized by Commission action on agenda items #51(a) and #51(b).
Mr. Ferri reported this item is a housekeeping matter.
Commissioner Berfield moved to approve rescinding authorization issued by Agenda Items #51a & #51b, dated 12/03/92; to authorize expenditure of local funds to correct construction problems
for CDBG funded rehabilitation loans identified by CDM as deficient. The motion was duly seconded.
Commissioner Deegan questioned what are local funds. Mr. Ferri explained it is unused federal money from 70's CDBG programs. He said HUD considers the money "local" funding.
Commissioner Deegan questioned how much money was in that account, what is it used for, and if it was nearly depleted. Mr. Ferri explained the fund is used for impact fees on Infill
housing units and other related expenses. He did not know how many dollars were in the account but reported it was not near depletion.
Upon the vote being taken, the motion carried unanimously.
Commissioner Deegan questioned where the City stands with the CDBG review and how many outstanding funds remain from last year. Mr. Ferri reported he is going to Jacksonville to review
the contracts with HUD. Commissioner Deegan requested Mr. Ferri come back to the Commission and advise how much money is in the account and explain plans for its use.
ITEM #23 - Agreement with FDOT to install natural gas mains during widening project of SR 52, from Hicks Rd. to Moon Lake Rd., at an estimated $268,431.81; Res. #94-32 -
authorizing execution of agreement and the placing of funds with the FDOT for the completion of the utility installation (GAS)
A Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) provides for the installation of gas mains by the State's general contractor when work begins this
fall to widen SR 52 from Hicks Road to Moon Lake Road. The work will be done in a timely manner. Clearwater Gas System (CGS) will not be penalized for delays to the project nor be
responsible for restoration costs.
The JPA provides for labor only. Materials will be provided by CGS from existing inventory. Approval of this JPA will permit engineering and planning work for this gas main installation
to be incorporated into the FDOT project. This JPA will allow CGS to back out of this agreement prior to construction of the project should the franchise and interlocal agreements not
be secured from Pasco County prior to the project commencing. Once the project begins, this roadway section will be closed for any construction work for approximately two years. This
is CGS's main line route to the Florida Gas Transmission Phase III Gate Station and will supply gas to the north end of the Pasco Expansion Area.
Jim Lewin, Assistant Gas Superintendent reported an agreement with Pasco County has not been firmed. He explained agreements like this are reached one to two years in advance of planned
construction.
Commissioner Thomas moved to approve the agreement with FDOT to install natural gas mains during the widening project of SR 52. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Resolution #94-32 and read it by title only. Commissioner Fitzgerald moved to adopt Resolution #94-32. The motion was duly seconded and upon
roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #24 - Res. #94-35 - enabling Clearwater Gas System (CGS) to enter into a Mutual Aid Agreement with the Florida Municipal Natural Gas Association (FMNGA) (GAS)
The objective of the Florida Municipal Natural Gas Association's (FMNGA) is to represent municipal interests in industry, legislative, regulatory, pipeline and safety issues. FMNGA
membership consists of 13 municipally-owned gas systems, three public gas authorities, and two gas districts in this State.
FMNGA is forming a mutual aid assistance program similar to the private investor-owned mutual aid program. This agreement sets up a voluntary assistance program by which publicly owned
utilities can provide trained employees, equipment, supplies and materials to a damaged gas utility.
This agreement does not obligate CGS to provide assistance. Should Clearwater choose to help, the Agreement outlines procedures. Supervisory control of CGS employees remains with
Clearwater. The damaged utility is responsible for providing food, lodging and communications for employees from assisting utilities and reimbursing expenses incurred by assisting utilities
for all employees, equipment and material used for assistance.
Each participating utility must authorize representatives responsible for requests or offers of assistance. City of Clearwater representatives are: Chuck Warrington, Managing Director
of CGS; Terry Neenan, Assistant Director of CGS/Administration; and Jim Lewin, Manager of Operations.
Commissioner Thomas moved to approve the agreement between CGS and the FMNGA to enter a Mutual Aid Agreement. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Resolution #94-35 and read it by title only. Commissioner Deegan moved to adopt Resolution #94-35 on first reading. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #25 - Agreement with Clearwater Horseshoe Club, Inc., re the Club operating the horseshoe complex at Ed Wright Park, for the period 04/21/94-05/01/99 with the City conveying a cash
grant of $11,000 and an interest free loan of $11,000 to the Club to be used to construct canopies over the courts (PR)
On September 16, 1993, the City Commission directed staff to work with the Horseshoe Club in an effort to arrive at an agreement similar to those the City has with the Clearwater Shuffleboard
and Lawnbowl Clubs.
The agreement is the result of meetings between Club members and staff and covers operation of the 18 horseshoe court complex at Ed Wright Park and loan arrangements for construction
of aluminum canopies over the "pit" areas. The Club has been instrumental in the promotion, development, and maintenance of the facilities for the past 15 years. When not in use by
the Club, the facilities are open to the public. A formal agreement was never prepared. Twenty of the Club's current membership of 70, are Clearwater residents.
According to the agreement, the Club will construct a roof canopy over the horseshoe "pits" for an estimated $22,000. The Club requests the City contribute
a cash grant of $11,000 and loan the Club the additional $11,000, interest free for five years. This financial arrangement is similar to the agreement now in effect with the Shuffleboard
Club.
The horseshoe courts occupy 1.2 acres of this 37.2 acre community park. Staff feels there are no better uses for the small site in the middle of the park. There appears to be no need
to remove or relocate the horseshoe facility since other alternate uses could be accomplished on remaining vacant park land.
Commissioner Thomas requested the Commission be advised should a payment be past due. The City Manager indicated staff would notify the Commission of any past due payments for all
City leases.
Commissioner Thomas moved to approve the agreement with Clearwater Horseshoe Club, Inc. with the stipulation that the Commission is notified should payment on the loan be past due.
The motion was duly seconded and carried unanimously.
ITEM #26 - Declare as surplus for subordination to FDOT the City's easement rights and interests in 22 parcels of land lying along SR 55 (US 19), between SR 60 and the CSX Transportation
r-o-w north of Drew St.; Res. #94-15 - authorizing City Manager to execute subordination of utility interests documents with FDOT (PW)
The Florida Department of Transportation (FDOT) proposes to improve US 19 from SR 60 to the CSX Railroad. The FDOT will be required to obtain right-of-way along US 19 from property
owners for the project that will include a six-lane overpass at Drew Street, frontage roads and intersection improvements.
The City has various easements on many of these parcels. FDOT requests the City subordinate its easement rights and interests in these parcels. The City Commission previously adopted
Resolution 93-55 approving subordination of City easement interests in two parcels at the northwest corner of Drew Street and US 19 as necessary for this project.
In the current group of 22 parcels, 18 "100" series parcels are being taken by FDOT in fee simple and the City will subordinate its easement interests to FDOT. The four "800" series
parcels represent permanent FDOT easements in which City easement interests will be subordinated to those of FDOT. The subordinations contain provisions for FDOT to pay to relocate
City facilities if necessary to prevent construction conflicts.
Commissioner Fitzgerald moved to declare surplus the City's easement rights. The motion was duly seconded and carried unanimously.
The Assistant City Attorney presented Resolution #94-15 and read it by title only. Commissioner Fitzgerald moved to adopt Resolution #94-15. The motion was duly seconded and upon
roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Commissioner Fitzgerald noted "Interim" should be removed from the City Manager's title.
The City Commission recessed from 12:25 to 1:16 p.m.
ITEM #27 - Direction re Chamber of Commerce Property (CM)
The Chamber of Commerce inquired about the City's interest in purchasing their bluff property adjacent to the City's Main Library. The City owns the larger adjacent bluff track and
has expressed interest in obtaining the Chamber of Commerce property. There is also the possibility the property may be needed for on and off ramps or the alignment of a new Memorial
Causeway Bridge.
The Chamber of Commerce values the land at $220,000 and the building at $165,000. The property was given to the Chamber of Commerce in 1963, with a Reverter Clause by the City that
the property would revert to City ownership should the Chamber of Commerce discontinue its functions there. Staff feels the property is not marketable and can only be sold to the City.
Staff questions the $220,000 asking price for the land. Unless the Chamber of Commerce realizes a certain amount, they may be persuaded by circumstance to remain and renovate their
building.
On December 10, 1956, the City conveyed property on Cleveland Street to the Chamber of Commerce also with a reverter. On April 15, 1963, the City agreed to consent (by releasing the
reverter) to the sale of the Chamber of Commerce property for $90,000, with net proceeds applied toward the new Chamber of Commerce building to be constructed on the property at Drew
and Osceola. The City agreed further to subordinate the reverter to any mortgage the Chamber of Commerce might execute, to satisfy the existing mortgage on the property at Drew and
Osceola, to remove the building existing on the property at Drew and Osceola, and to perpetuate the park designation of the land surrounding the property.
Staff is not certain of net proceeds resulting from the $90,000 sales price of the Cleveland Street property. Staff believes that money was joined with a borrowed amount of $50,000
to construct the existing building. The Chamber of Commerce subsequently borrowed monies for building expenses.
The City Manager reported the Chamber of Commerce stands firm on its $385,000 asking price.
Commissioner Deegan questioned if the City had received a reply from the Chamber of Commerce regarding Mr. Baker's proposals. He expressed interest in the fourth proposal: "An arrangement
whereby the City pays off any property related debt owned by the Chamber, renovates the Chamber building at City expense, becomes the owner of the property and leases the renovated building
back to the Chamber."
Commissioner Deegan felt the City's potential need for the property too uncertain to pay an exorbitant price. He expressed appreciation for the Chamber of Commerce's contributions
to the community. He said he would be willing to negotiate and suggested the Chamber of Commerce discuss alternatives.
Mayor Garvey noted her appreciation for the Chamber of Commerce's contributions. She also liked the recommendation referred to by Commissioner Deegan. She felt it was important the
City knows it has ownership of the property.
Commissioner Thomas questioned if it would be possible for the Chamber of Commerce to bring their building up to code. Mr. Baker said there would be no problem with the structure but
variances would be needed for parking and landscaping. Mayor Garvey suggested the Chamber of Commerce could meet the parking requirement by counting public parking in the area.
Commissioner Thomas requested additional information regarding what can be done. He also liked Commissioner Deegan's recommendation. He expressed concerns that problems might result
if remodeling the building costs more than 50% of the building's value.
Pete Woodham, President of the Clearwater Chamber of Commerce said there is no problem as long as remodeling stays within the existing skin. He said the Chamber of Commerce is not
trying to take advantage of the City. He requests the City treat the Chamber of Commerce fairly. He stated $165,000 would not fund a new building and the move. He estimated those
costs at $385,000.
Commissioner Thomas questioned Mr. Woodham about the recommendation mentioned by Commissioner Deegan. Mr. Woodham replied his initial reaction had been that the Chamber of Commerce
was not interested. He expressed willingness to work toward a solution. Commissioner Deegan noted at least three City Commissioners had expressed interest in the recommendation.
Commissioner Fitzgerald expressed his wish to treat the Chamber of Commerce fairly. He suggested if the City wants to control the bluff, it should purchase the property and pay what
it is worth. He did not think it was ever suggested that because the City gave the property to the Chamber of Commerce, the City should take it back.
Mr. Baker reported the appraisal of $385,000 was based on the property's value, for backing a loan, without the reverter clause. Commissioner Deegan noted the appraisal is based on
the highest and best use. He believed that value to be less with the reverter in effect.
Commissioner Thomas requested an estimate of renovation costs. Mr. Woodham said costs would cover the wide spectrum from a band aid approach to a first class, state of the art upgrade.
He estimated renovation costs could run between $300,000 and $800,000. Mr. Woodham noted the band aid approach would need to be updated and redone in five years.
Commissioner Deegan invited Mr. Woodham to return to the Chamber of Commerce Board of Directors and see if they are willing to consider alternate proposals.
Commissioner Fitzgerald questioned spending more than $400,000 to renovate the building for the Chamber of Commerce when the City can buy it and the land for $385,000. Commissioner
Deegan suggested the discussion be continued until Mr. Woodham returns to his board.
Mr. Woodham suggested a staff committee meet with the Chamber of Commerce to discuss the recommendation and other considerations. Mayor Garvey expressed willingness to have staff and
the Chamber work together.
Commissioner Thomas requested the City commission an appraisal of the Chamber of Commerce property. He said he was not shutting the door on purchasing the property.
Commissioner Deegan questioned if the Chamber of Commerce has completed an asbestos exam. Mr. Woodham assumed the building contains asbestos because it was constructed in 1962. Commissioner
Deegan requested the Chamber find out how much asbestos is in their building.
Commissioner Thomas questioned Vic Chodora, Assistant Director of Central Permitting, regarding the ordinance covering remodeling. Mr. Chodora said it was the intent of the Ordinance
to deal with changing property usage.
Commissioner Thomas questioned if there was adequate parking in the area to satisfy the needs of a remodeled Chamber of Commerce building. Mr. Chodora said he would research that item.
Commissioner Thomas requested information regarding all code requirements that would be triggered by the renovation.
Mayor Garvey reiterated that Mr. Woodham would return to his Board of Directors for further discussions. Commissioner Thomas stated the City will arrange for an appraisal and the Chamber
will have an asbestos report prepared.
Commissioner Berfield questioned the Chamber of Commerce's debt on the building. Mr. Woodham indicated the amount is $105,000.
It was reiterated that further discussion would not be limited to just one option.
It was indicated Mr. Baker would be the City contact should the Chamber of Commerce have questions.
ITEM #28 - Planning and Zoning Board - 1 appointment (CLK)
Commissioner Thomas moved to reappoint Bob Bickerstaffe. The motion was duly seconded and carried unanimously.
ITEM #29 - Community Relations Board - 2 appointments (CLK)
Commissioner Berfield moved to reappoint Reverend Herbert Freitag. The motion was duly seconded and carried unanimously.
Commissioner Thomas requested information regarding the qualifications required for the Industrial Management representative.
Commissioner Thomas moved to continue the appointment to the Industrial Management category. The motion was duly seconded and carried unanimously.
ITEM #30 - Neighborhood Advisory Committee - 3 appointments (CLK)
Mr. Ferri is working with the City Attorney to develop an ordinance regarding this Committee. Kathy Rice stated the Neighborhood Advisory Committee is required by the current citizen
participation plan.
Commissioner Deegan suggested the Commission would compound problems if they make more appointments prior to reviewing the upcoming Ordinance.
Commissioner Thomas moved to continue appointments to the Neighborhood Advisory Committee until a new Ordinance is forthcoming. The motion was duly seconded and carried unanimously.
ITEM #31 - Beautification Committee - 1 appointment (CLK)
Commissioner Thomas moved to appoint Delphine Pullar. The motion was duly seconded and carried unanimously.
ITEM #32 - Other Pending Matters
a) St. Petersburg/Clearwater Economic Development Council - 1 appointment (CLK)
Mayor Garvey questioned if Mr. Evans was a Clearwater resident. Commissioner Deegan indicated he was.
Commissioner Deegan moved to appoint R. Evan Evans. The motion was duly seconded and carried unanimously.
b) Direction re Utility Customer Service Building (memo previously provided)
Commissioner Thomas estimated a two year lease for building space for Utility personnel would cost the City between $250,000 and $350,000.
Commissioner Thomas questioned if the Utility Customer Service building were renovated, what percentage of those costs would come back to the City at the time of sale. He felt the
building was not worth its appraised value of $665,000. He recommended comparing
the cost of rehabilitating the building and staying or moving the operation and leasing elsewhere.
Commissioner Deegan said it was impossible to estimate a building's future value.
Commissioner Deegan moved to offer the building for sale as is and relocate Utility Customer Service staff to leased quarters until new City facilities are built. The motion was duly
seconded.
Commissioner Deegan noted the difficulty of renovating the building while staff remains. Commissioner Thomas suggested saving taxpayer dollars by having staff remain in the building
during renovation even it that is difficult. Mayor Garvey questioned what would be gained by renovating the building and then moving.
Commissioner Deegan felt it important that staff be located where they can perform their jobs. Commissioner Thomas said he was considering cost prior to recommending staff move and
pay rent.
Commissioner Thomas requested the motion be amended to include "relocate Utility staff to leased quarters or other City Space." Commissioner Deegan and the seconder concurred.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas recommended the business activity of the Utilities Department be analyzed to see how it might be distributed into other City buildings.
Ms. Deptula noted the Utilities Department collects half the money that flows into the City. The Department processes 40,000 bills each month and has sensitive computers and phone
systems. She reported the old Publix store was considered for relocation until the high cost of necessary renovations was determined.
John Scott, Assistant Administrative Services Director for Utility Customer Service stated the Department accepts 13,000 payments a month, 6,000 through the drive in window. The Department
collects $60-million a year. Because all positions are interactive, he felt it important the Division remain together.
Commissioner Thomas stated he would leave the decision in the "City Manager's hands." Commissioner Deegan requested the City Manager "sharpen her pencil" when negotiating a lease.
He noted there were few complaints when the Telephone Company eliminated their drive-in window.
Commissioner Berfield noted the empty Citizen's Bank building on Cleveland St. has a vault the Department could use. Mr. Scott agreed a relocation there would be easy because of the
bank's built in appointments. Commissioner Thomas recommended against focusing on the bank property. He suggested the City get the most use for its money.
It was the consensus of the Commission that the City Manager's Team would bring forward a recommendation.
c) Direction re Countryside Community Recreation Center
Ms. Deptula requested the Commission clarify the amenities to be included in the building. She reported building a social hall and canceling the gymnasium at the Countryside Community
Recreation Center would save the City $190,000.
Ream Wilson, Parks and Recreation Director, indicated a straw vote in August 1993 was to include the gymnasium. He recalled the City historically used school gymnasiums that are no
longer as available as they were in the past. He explained gymnasiums are an integral part of recreation facilities throughout the County. He noted there was no City gymnasium in Clearwater.
In a survey of 300 residents, a multi-purpose gymnasium was the first choice. He strongly recommended including a gymnasium in the Countryside Community Recreation Center to make it
a true, multi-purpose facility.
Commissioner Thomas questioned if a gymnasium would require lockers and showers. Mr. Wilson replied the plans called for a few but they were not necessary.
Commissioner Thomas questioned the additional expenses related to a gymnasium. He questioned if there would be load problems with the air conditioning units.
Mr. Wilson said at his last meeting with Bitterlie and Associates, the architect stated the square foot cost of constructing a social hall and gymnasium are about the same. He stated
they were not planning a spectator's gymnasium.
Commissioner Thomas questioned the additional annual cost to air condition the gymnasium. Mr. Wilson indicated he did not have that figure.
Commissioner Deegan questioned if both plans called for expensive hardwood floors. Mr. Wilson said the design committee would carefully review the choices of flooring for a multi-use
facility.
Commissioner Fitzgerald urged the Commission to move forward regarding the project. He stated the large swimming pool included in the original proposal had been canceled and noted
most other facilities in the City have swimming pools. He reported Countryside residents did not opt for a social hall but indicated they wanted a gymnasium. Commissioner Fitzgerald
noted the gymnasium could serve many purposes including that of an evacuation center. He felt air conditioning costs would not be as different as suspected.
Commissioner Thomas suggested the additional cost of cooling the facility was probably offset by canceling plans for a swimming pool which has high upkeep costs.
Commissioner Deegan noted the Commission had moved up the Capital Improvement Project (CIP) to fund this $1.2 million facility. He said the straw vote did not give approval for a gymnasium,
but rather a $1.2 million CIP. Even though money was appropriated, the Commission has not decided on the final amenities that should be included in the Countryside Center.
Mr. Wilson indicated he thought he had received clear direction. Mr. Wilson stated he could present a concept of the building to the Commission for their review.
Commissioner Thomas questioned the level of input from Countryside residents on this project.
Steve Abelson, representative of the North Council of the Chamber of Commerce, reported surveys were distributed to Countryside residents at the Free Fair Day held September 27, 1992.
He reported of the 253 surveys returned, 96% indicated a high priority wish for a recreation center, with a gymnasium being the number one amenity desired.
Commissioner Thomas questioned the operating costs for the Countryside Center. Mr. Wilson estimated the facility would cost $201,000 to operate and require 6.5 staff members.
Commissioner Thomas requested Countryside residents present their plan for volunteerism at the Countryside Community Recreation Center.
Commissioner Deegan questioned if any other attempt was made to find out what Countryside residents want. He questioned how residents who did not attend the fair could have voiced
their wishes.
Mr. Wilson stated the primary distribution of the survey was at the fair. He noted residents next door to the site at Misty Springs Condominiums have expressed disapproval of the facility.
Commissioner Fitzgerald stated the resident were concerned about the impact of the facility but did not oppose it.
It was the consensus that staff is to return to the May 16, 1994, Commission meeting with the building concept and estimates of construction and operating costs.
d) Beach Pavilion
A pavilion on Clearwater Beach has been proposed. Staff agrees a pavilion would be a desirable feature and recommends it be located in the special events area between the Pier 60 parking
lot and the north Gulfview parking lot. A project to build a 16 by 32 feet structure would cost $20,000. If it is built seaward of the coastal construction control line, a permit from
the Florida Department of Environmental Protection would be necessary and should be routine.
Mr. Baker indicated this size proposed would hold the musicians and instruments of an averaged sized high school band. Commissioner Thomas questioned if the City would need to
increase the number of restrooms near the facility. Mr. Baker suggested the City would need to rent portable toilets only for special events.
Mr. Baker noted David Little and the Beach Association had proposed a larger facility.
Commissioner Deegan said the Beach Association had proposed an 80 by 40 foot pavilion to allow more events. Mr. Baker reported the larger pavilion would cost $75,000 to construct.
Mayor Garvey noted the site for the building had not been decided.
Mr. Baker said if the facility were constructed landward of the coastal construction control line, there would be no room for people to congregate behind it. If built seaward of the
line, an audience could surround the pavilion.
Bob Wright questioned if the only emergency access to the beach was through the special events area. Mr. Baker noted emergency vehicles can access the beach sand from the north Gulfview
Parking lot.
Commissioner Thomas said he was not in favor of proceeding with the pavilion project until the total picture of the Pier 60 area is decided. Mayor Garvey agreed. Commissioner Deegan
did not agree.
Bob Bickerstaffe said there was nothing for visitors to do on the beach during inclement weather. He felt there should be a development undercover and inside where visitors could be
entertained.
It was the majority consensus that this project is premature and should not be further addressed until a decision has been reached regarding the total redevelopment project for the
Pier 60 area.
e) Dune Removal - Clearwater Beach
Neal A. Rogers of the Bureau of Coastal Engineering and Regulation, Department of Environmental Protection in Tallahassee, advised staff that the City's application for a permit to
remove sand dunes on Clearwater Beach would be denied. There is an opportunity for the City to submit additional information that would be time consuming and expensive to develop.
Therefore, staff is requesting further direction. Staff recommends the application be withdrawn.
The dunes near the terminus of Marianne Street and Pier 60 are landward of the coastal construction control line and may be removed without a permit. Staff intends to use that sand
in the Habitat Restoration Project along Edgewater Drive, identified in the City's Environmental CIP.
Commissioner Deegan questioned the State's policy. Mr. Baker said State policy states a sand dune shall not be removed unless the State can be convinced otherwise. The City advised
the State that the dunes: interfere with vistas along the south beach parking lot; are
responsible for blowing sand in parking lots; do not provide a continuous barrier to protect buildings; and are not natural. In addition, the City offered to relocate the dunes.
Commissioner Thomas requested those dunes that can be removed be removed.
Commissioner Fitzgerald said the statute says all sand dunes are protected and preserved, not just the ones seaward of the coastal construction control line. Mr. Baker felt the State
did not have jurisdiction over dunes landward of the line.
Commissioner Thomas moved to direct the City Manager and staff to remove all dunes landward of the coastal construction control line and provide the Commission with a drawing of dunes
located seaward of the coastal construction control line. The motion died for lack of a second.
Commissioner Deegan moved to remove the dunes that can be eliminated landward of the coastal construction control line. The motion was duly seconded. It was the consensus of the majority
of the Commission to have staff proceed according to their best judgement.
Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas and Mayor Garvey voted "Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
Commissioner Fitzgerald stated he was not convinced the City had the authority to proceed with this action.
Commissioner Thomas requested staff to provide him a map of dunes located seaward of the coastal construction control line.
The Commission recessed from 3:20 to 3:27 p.m.
f) Plan for soliciting input for Pier 60 site
Community Outreach recommended an opinion poll: 1) Run half page advertisements in the May 8, 1994, St. Petersburg Times and Tampa Tribune and in the May 12, 1994, Beach Views: 2)
Request readers' response for suggestions regarding the Pier 60 area; 3) Identify the Pier 60 location by aerial map and photo; 4) List options submitted by the Clearwater Beach Associations
and include spaces for write-in's; 5) Limit respondent choices to three; 6) Gather informal validation and market demographics information; 7) Set a deadline of May 27, 1994, for returning
forms.
Ms. Deptula said the poll was designed to look like "help wanted" advertisements. She recommended participants be requested to prioritize their responses.
Commissioner Thomas felt this type of advertising was limiting. He recommended the City advertise in magazines with worldwide distribution that focus on outdoor waterfront recreation.
Mayor Garvey recommended the Commission first encourage community response.
Ms. Deptula noted it would be difficult to place advertisements and expect a response prior to June 1, 1994. Commissioner Deegan concurred.
Commissioner Fitzgerald agreed with Commissioner Thomas. He felt the proposed site could be developed as a great revenue source. He suggested the City may be thinking too narrowly
and recommended the Commission take more time before reaching a decision. He suggested they solicit input to discover what is available.
Ms. Deptula said the City could sent out for an RFQ and then find out what the public wants. Commissioner Thomas recommended staff do both at the same time.
Commissioner Deegan felt the Commission should hold a Town Meeting to garner citizen input. He felt the advertisement should emphasize input of fresh ideas from citizens. He felt
the special meeting for input should be held prior to sending out an RFP.
Commissioner Thomas noted the Commission is looking for proposals and ideas for the greatest and best use for the location. Mayor Garvey suggested the newspapers could be asked to
write an article and request responses.
Commissioner Deegan preferred the Town Meeting format where participants can bounce ideas off each other. Commissioner Thomas questioned how citizens would be advised of the meeting.
Commissioner Deegan recommended sending invitations to the participants in the community consensus survey. He did not object to advertising in professional magazines.
Commissioner Fitzgerald said the Commission should not rush their decision. He felt they should take enough time to seek the best possible use for the property. Commissioner Deegan
agreed and recommended extending the present vendor's lease. The Mayor suggested it be extended one or two years. Commissioner Thomas felt a one year's extension would be adequate.
The Commission gave direction to the City Manager to offer Mr. Alexander a one-year extension on his lease.
The City Manager suggested a special purpose meeting be held in May for input. Her goal was to draft a proposal within two months after the deadline.
Jeff Harper, Director of Administrative Services, said the purpose of the advertisement was to encourage ideas. Commissioner Thomas recommended information on the top include the size
of the property.
Commissioner Deegan did not feel the ad contained useful information. He reiterated that discussion was more valuable. Mayor Garvey noted there were a number of different approaches.
Commissioner Thomas recommended mentioning a Celebration Station style facility when asking for citizens' ideas.
Commissioner Thomas moved to expand the advertisement to expand the media used, schedule a town meeting to discuss the proposal, mail invitations to participants in the Community Consensus,
and reference the Celebration Station style entertainment complex and
provide space for other suggestions. The motion was duly seconded. Upon the vote being taken, Commissioner Thomas and Fitzgerald and Mayor Garvey voted "Aye." Commissioners Berfield
and Deegan voted "Nay." Motion carried.
Commissioner Deegan requested this item be included on the agendas of the Beautification Committee, Parks & Recreation Board, Marine Advisory Board, and the Budget Advisory Committee.
Commissioner Thomas suggested all advisory boards be involved.
It was the consensus of the Commission for the City Manager to send information on this action to all advisory board members. The Town Meeting was scheduled for June 7, 1994, at 7:00
p.m. in Commission Chambers.
CITY ATTORNEY REPORTS
ITEM #33 - Other City Attorney Items
a) Contract for sale of part of "sludge farm" to Hillsborough County ELAPP
Kurt G. Gremley, Hillsborough County's ELAPP Acquisition Manager, reported he would present this contract to the Hillsborough County Commission on Wednesday, May 4, 1994 for final approval.
In reply to Commissioner Deegan's question, Mr. Gremley explained changes in the contract include: Page 9, Paragraph 14, interest on funds not used for restoration will be returned
to Clearwater; and Page 10, Paragraph 16, now includes clarifying language regarding the right of first refusal.
Commissioner Berfield questioned if the right of first refusal included the City's right to repurchase the property for the purchase price. Mr. Gremley said the ELAPP has no intention
of selling the property. He said should the property be sold, Clearwater would have the opportunity to purchase the property at value current at the time of sale.
Commissioner Berfield requested the agreement include the right for Clearwater to repurchase the property for the same rate at which it is selling the property. Commissioner Thomas
concurred with Commissioner Berfield's recommendation and stated he was still against the sale. He expressed concerns that the contract's language allows the ELAPP to sell the property
for whatever price it can get. Mr. Gremley replied the property could not be sold unless designated as an "acquisition of convenience." He said the property could only be sold for
conservation or recreation.
Commissioner Thomas expressed concerns the Hillsborough Commission could change the Ordinance and sell the property. Mr. Gremley said he could request language be added to the contract
regarding the property's purchase price should Hillsborough ever decide to sell. Kathy Rice recommended including the language "as originally sold" in two places in the contract under
16 "Right of First Refusal."
Commissioner Berfield moved to amend the contract to allow Clearwater to repurchase the property as originally sold should Hillsborough County ever choose to sell it. The motion was
duly seconded and carried unanimously.
Bob Bickerstaffe questioned if Clearwater would be able to repurchase the property for the price paid by Hillsborough County should they choose to sell. The Commission concurred.
Commissioner Deegan moved to approve the contract for the sale of part of the "sludge farm" to Hillsborough County ELAPP as amended. The motion was duly seconded and carried unanimously.
ITEM #34 - City Manager Verbal Reports
Ms. Deptula noted Commissioner Berfield cannot attend the May 6, 1994, Capital Improvement Project (CIP) meeting. The CIP meeting was rescheduled to follow the May 16, 1994, Commission
meeting.
Peter Yauch reported the Florida Department of Transportation (FDOT) is working on a series of bridges connecting the mainland to the County's barrier islands. Work on the Memorial
Causeway, that will narrow the road to one lane, is scheduled for February 1995, at same time the Belleair Causeway is scheduled for closing. The City has requested the FDOT to either
postpone or accelerate Clearwater's schedule.
Commissioner Thomas questioned if the City could request the FDOT to not perform the proposed work. Mr. Yauch replied the bridge belongs to the State and FDOT expressed concerns the
bridge will fail. Mayor Garvey recommended the City be strong in its request. Mr. Yauch reported the level of correspondence is presently between City and State staff engineers.
Bill Baker reported all friable asbestos had been removed from the Maas Brothers building and the non friable asbestos had been removed from the Stein Mart floor. Materials, rated
for a two hour fire separation rating, were being installed between floors. The escalator was removed and the cooling tower demolished. Every Tuesday morning, Mr. Baker meets with
the project team. He will begin issuing weekly written reports to the Commission.
Commissioner Thomas questioned if the City could use the escalator. Mr. Baker reported the City's architect indicated it could not.
Commissioner Thomas questioned the cost of asbestos removal. Mr. Baker reported the removal cost $209,000, far above the $90,000 budget. He suggested future expenses may be brought
in under budget.
ITEM #35 - Commission Discussion Items - None.
ITEM #36 - Other Commission Action
a) City Manager Contract
Commissioner Thomas stated he wanted to change the way the City does business with its executives. He referred to the County Administrator who works without a contract and severance
pay but is well compensated. He spoke against "golden parachutes" and suggested when the City Manager hires new executives, similar arrangements be made. He noted the turnover of City
Managers is high and felt the present system creates a level of weakness between the Executive and the Commission. He expressed a desire to develop a nice compensation package and incentives.
Mayor Garvey stated she was not comfortable with Commissioner Thomas' recommendations. Ms. Deptula felt the suggestion represented a risky way of doing business. However, she expressed
a firm commitment to the job. She said although she could live with such a proposal, she predicted similar circumstances may be difficult to negotiate with Department Heads.
Mayor Garvey felt it was not fair to discontinue the City Manager's severance pay. Commissioner Thomas spoke against contractually arranging a severance package. He said it would
still be possible to provide a departing employee with severance pay. He noted he would like the new City Attorney's contract to be structured similarly.
Commissioner Deegan suggested the parachute provided by the City was "brass," not "golden" and felt it would be a step backwards to rescind that job benefit. He said the Commission
is made up of elected officials and can change. He noted government differs from running a private company and recommended providing adequate protection for the City Manager.
It was the consensus of the majority of the Commission to have a contract with the City Manager.
Commissioner Deegan questioned the difference in cost for the City to provide coverage in the City Pension Plan in lieu of Social Security payments. Ms. Deptula explained the Pension
Plan coverage was presently less expensive than Social Security but the percentage collected could increase.
Commissioner Deegan noted in Section 3, sick leave is mentioned under #2 but not under #1. He felt a Chief Executive Officer should not track sick leave. Mayor Garvey questioned if
the City Manager was comfortable working with no sick leave. Ms. Deptula reported she had six months of sick leave accrued. Commissioner Deegan said the Commission is not requesting
she give up what she has earned.
Ms. Deptula agreed she would no longer accumulate sick leave but would still be eligible for payment on her accumulated time when she retires. Commissioner Fitzgerald recommended the
contract clearly spell out the policy.
Commissioner Deegan questioned if the schedule for the annual review listed in Section 4A would conflict with the October report required by City Charter. Ms. Deptula noted the Charter
requires a report be presented in October but does not address when the review must be completed.
Commissioner Deegan stated he preferred fall evaluations. He suggested the first evaluation be held in September and then annually thereafter.
Commissioner Deegan noted 4E should read "City SAMP employees" instead of "City employees."
Commissioner Deegan questioned the annual bonuses some employees receive. Ms. Deptula explained some top SAMP employees accept their merit pay as a lump sum instead of increasing their
base salary.
Commissioner Thomas expressed concerns regarding the proposed severance package. He felt five months of severance pay was too much. Commissioner Deegan noted other Department Heads
have these benefits and felt it unfair that subordinates would have better benefits.
Commissioner Thomas said this benefit could be denied new hires. He reiterated that five months of severance pay was too much. Ms. Rice explained one month of the severance package
is for outplacement and does not go to the employee. Commissioner Deegan said he had no problem with four months of severance pay.
Commissioner Fitzgerald noted the benefit was originally for three months and questioned how it increased to four. Ms. Rice explained new contracts were issued for all Department Heads
when the previous City Manager Michael Wright capped accrued sick leaves. The City Attorney's severance package was increased two years ago to four months.
Commissioner Deegan questioned if anyone is working without a contract. Ms. Rice indicated several Division heads are.
Commissioner Fitzgerald agreed three months provided adequate severance pay with one month of outplacement benefits. Mayor Garvey questioned the Deputy City Manager's contract. Ms.
Rice said her contract provides four months severance plus two months of outplacement. Commissioner Fitzgerald felt it was time to start slowing down benefits. Commissioner Deegan
noted outplacement benefits are only paid until the employee locates a new job.
Commissioner Thomas expressed concerns with the sick leave issue and questioned what would happen should the City Manager suffer from a chronic illness. He questioned not touching
the six months of accrued sick leave. He inquired about providing the City Manager with disability insurance.
Commissioner Deegan felt if the City Manager is incapacitated, it is not practical for her not to touch the accrued sick leave. He requested a sentence be added to the contract stating
if more than ten sick days a year are used, additional days would be charged to the six months of sick time Ms. Deptula has accrued.
Commissioner Thomas recommended striking Section 4F. He stated there is no such thing as normal office hours for a City Manager. He agreed Ms. Deptula had a right to take time off
but felt stating that in the contract was inappropriate. The majority of the Commission did not protest deleting this section.
Commissioner Thomas recommended a lower compensation level be paired with a significant bonus opportunity. Mayor Garvey suggested a bonus could not be offered until benchmarks are
first determined.
Commissioner Thomas recommended a $70,000 base salary with a $50,000 bonus. He felt salaries for every Department Head should be lowered and incentives offered.
Commissioner Deegan said there was nothing wrong with that concept. He expressed concerns that the City Manager would be reviewed within a six-month time frame. Commissioner Deegan
recommended an $80,000 a year salary with the possibility of a $10,000 bonus at the end of the year should all goals be accomplished.
Commissioner Thomas requested the City Manager meet with each Commissioner individually. Mayor Garvey noted Ms. Deptula would then have time to think about her goals and objectives.
Commissioner Fitzgerald noted according to business papers, the biggest bone of contention among shareholders is bonuses. He expressed reluctance in supporting a bonus program without
knowing its terms in advance.
Commissioner Deegan said stockholders are upset with unreasonable bonuses. He noted there are many good bonus programs. He stated goals are mutually established with the City Commission
and are not set by the City Manager.
Commissioner Deegan moved to approve an $80,000 base salary plus an opportunity to earn a $10,000 bonus and the end of the Fiscal Year for meeting goals.
Commissioner Berfield noted the goals and objectives were set with former City Manager Wright. She did not feel it fair for the City Manager's bonus to be tied to these objectives.
Ms. Deptula noted there was a mechanism that allows staff, on a quarterly basis, to address objectives considered to be unobtainable.
Ms Deptula asked if the $10,000 bonus was an "all or nothing" proposal. Commissioner Deegan stated he proposed it that way but indicated he was willing to consider the accomplishment
of the majority of the goals.
Commissioner Thomas requested a copy of the City Manager's goals be distributed to the Commission to first review what is attainable or not.
Mayor Garvey noted the City hired a City Manager for $80,000 five years ago and questioned if it was fair to pay the same salary today. She noted the last City Manager made $88,000
a year with no bonus.
The City Manager noted she had requested a bonus in her original contract. Commissioner Berfield requested the motion be modified to provide a bonus if the majority of the goals are
met. Commissioner Deegan accepted the amendment.
Commissioner Thomas noted the downside of voting without knowing what the objectives are or if any had already been accomplished. Ms. Deptula reported some goals had been accomplished.
The amended motion was duly seconded. Commissioners Deegan and Thomas requested the City Manager provide to the Commission on Thursday, May 5, 1995, a list of goals identifying which
ones have been accomplished. The City Manager stated she could not provide such a report by Thursday.
Ms Deptula said she would work for $80,000 a year and establish goals for next year. She recommended establishing a bonus at the time of her salary review in September 1994. Commissioner
Deegan amended his motion to delete reference to a bonus. The seconder agreed.
Upon the vote being taken, the motion carried unanimously.
The Final City Manager Employment Contract will be brought forward Thursday night with the changes agreed to: Section 3A-2 "four (4) months" shall read "three (3) months"; Section 4A
shall read "...an annual base salary of $80,000 made payable in bi-weekly installments, beginning April 4, 1994 with a review of salary and benefits scheduled for September 1994 and
annually thereafter."; Section 4E shall read "...benefits enjoyed by other City SAMP employees..."; Section 4F shall be deleted; and a paragraph shall be added stating should the City
Manager use more than ten sick days in a year, the extra days will be charged to the six months of sick leave the City Manager has accrued.
Other Commission Action
Mayor Garvey questioned if any action was to be taken regarding Sunshine Manor. The consensus of the Commission is they wished to take no action.
Commissioner Deegan reported the City received a letter from the Cavalier Hotel complaining about late night use of nearby basketball courts and the parking lot. Ms. Deptula stated
the complaint had been forwarded to staff for a response.
Commissioner Deegan referenced a memo from the City Clerk regarding North Greenwood facade improvements. He stated rather than the Clerk continuing to research the record, he would
like to ratify the changes to the program.
Commissioner Deegan moved to ratify the actions regarding the North Greenwood facade improvement program: $2,500 per applicant with authorization to direct City matching funds to improving
the building's interior; $500 outright grants offered for exterior painting, and $10,000 set aside for architectural services. The motion was duly seconded.
Commissioner Thomas requested competitive bids be required for the $500 painting grants. Ms. Rice agreed applicants would have to present competitive bids.
Upon the vote being taken, the motion carried unanimously.
Commissioner Deegan referenced the April 18, 1994, meeting where the Commission approved five of six policy items presented by Mr. Ferri. Commissioner Deegan requested the sixth policy
be placed on the Commission tracking list.
Commissioner Deegan requested the funds from the Hillsborough Land sale be distributed to the appropriate CIP.
The City Manager indicated the monies would all go back to the appropriate sewer funds and be used for sewer projects.
ITEM #37 - Adjournment
The meeting adjourned at 5:09 p.m.