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05/16/1994 CITY COMMISSION MEETING May 16, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, May 16, 1994 at 9:00 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 Zimmet Interim City Attorney (left meeting when recessed at 9:29 a.m.) Miles A. Lance Assistant City Attorney (arrived at 10:26 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. Interim City Attorney Report Mr. Zimmet indicate a report regarding Robert Surette's status was provided in a memorandum to the Commission. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One service award was presented to a City employee. Joseph Assed, Water Division, Public Works, was named May 1994 Employee of the Month. A Certificate of Appreciation was presented to Firefighter/Paramedic Greg Holding for his commitment to riding 1,500 miles to call attention to the problem of domestic violence. He raised $18,000 for victims. The Commission recessed from 9:19 until 9:25 a.m. to meet as the Pension Trustees. ITEM #4 - Approval of Minutes Commissioner Thomas moved to approve the minutes of the special meeting of April 25, 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 approve the minutes of the special meeting of April 27, 1994 (Sign Variances) 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 April 27, 1994 (CIP Session) as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Mayor Garvey requested the spelling of names on pages 2 and 3 of the minutes of the May 2, 1994 regular meeting be corrected. She stated as clarification of Item 32 on Page 19, that while at the May 2, 1994 meeting it was stated Mr. Evans is a Clearwater resident, he is not. She stated although the rules of the St. Petersburg/Clearwater Economic Development Council do not forbid Mr. Evans from serving, City policy states a preference for Clearwater residents when assigning board positions. Commissioner Berfield noted on page 7, paragraph 5, the date should read January 1995. Commissioner Berfield moved to approve the minutes of the regular meeting of May 2, 1994 as corrected. The motion was duly seconded and carried unanimously. The Commission recessed from 9:28 until 10:16 a.m. to meet in a closed attorney/client session and to meet as the Community Redevelopment Agency (CRA). ITEM #5 - Presentation - Municipal Code Enforcement Board - Annual Report - to be rescheduled. ITEM #5a - Presentation - Architectural rendering of Countryside Community Center Parks & Recreation Director Ream Wilson reviewed the history of the Countryside Community Center to date. Bitterli and Associates has been chosen to provide architectural services for this project. Robert Bitterli noted the beauty of the site off SR 580 and Countryside Boulevard and described his plans for the project. He proposes centrally locating the Center by the lake and basketball courts to provide access from all directions. Mr. Bitterli said his next concern was the location of parking and the need for a passive recreation area. He suggested free areas of land need to remain for children to play games other than regimented ones like baseball and soccer. He recommended the pine flat woods be maintained as a small preservation buffer zone between the facility and the residential area. Rotating the building 45 degrees would reduce the boxy mass of a gymnasium. Windows would provide natural lighting and ventilation. A six foot roof overhang would shade the doors and windows and provide covered space. Mr. Bitterli noted safety features incorporated in his design. Windows in the proposed office would provide views of the baseball fields and exit doors within the building. For supervision purposes, the proposed teen room and locker rooms would be located close to the office. He explained the hallways are designed so visitors can avoid walking through the gymnasium to access areas of the building. Mr. Bitterli explained plans to harden the building to withstand wind loads of 130 mph or up to a Category three hurricane. He said the facility could be used as an emergency shelter and he was investigating the feasibility of installing a generator. The gymnasium included in the proposal was large enough for two functions at one time. He suggested using a resilient material instead of hardwood for the gymnasium floor to avoid damage from chairs and dancing. Mayor Garvey questioned the large number of planned sidewalks and noted the high cost of maintenance. Mr. Wilson said many of the "sidewalks" could be constructed of wood chips. The Mayor questioned the safety of designing a landscaped sidewalk to run from the Center to the lake. Commissioner Thomas noted since this facility is designed as a youth center, he recommended the walls facing hallways be constructed of tempered, shatter-proof glass above the four foot level to reduce the potential for rowdiness. Mayor Garvey noted the building is a Community Center for all residents, including adults. Commissioner Thomas said this would be a multipurpose building and noted proper planning would provide good order inside. Mr. Bitterli said he had envisioned including glass at the gymnasium doors. He reported the design could permit wide use of glass without weakening the structure. He said he would review the budget and requirements of hardening the building. Commissioner Fitzgerald said he was impressed with Mr. Bitterli's presentation and praised the buffering. He concurred with Commissioner Thomas regarding the inside use of glass but noted budget concerns. Commissioner Deegan questioned the size of the proposed gymnasium. He noted the City Commission approved a concept for a $1.2 million facility on September 21, 1993. He questioned if that figure included the building and the site. Mr. Wilson explained the entire building, site work preparation and professional fees were included in the $1.2 million figure. Furnishings were not. In response to Commissioner Deegan's concerns regarding the Commission not seeing an RFP for this project, Bill Baker, Assistant City Manager, explained architects who replied to the City's RFQ sent the City background information listing each firm's interests and past projects. After staff examined the packages, they picked three or four firms and requested proposals and attendance at a meeting with City staff. He said this part of the process was the Request for Proposals (RFP). Commissioner Deegan expressed concerns that the RFP was not more detailed and questioned if RFPs were normally more technical and specific. Mr. Baker said it depended on the project. Commissioner Deegan felt it would have been helpful to know what the City wanted prior to releasing the RFP. He indicated it was late in the process to begin making major design decisions such as the inclusion/exclusion and size of a gymnasium. Mr. Wilson said project plans have always leaned toward the inclusion of a gymnasium. Staff had considered a gymnasium smaller than the 9,000 square foot one included in Mr. Bitterli's design. Commissioner Fitzgerald moved to approve the Countryside Community Center to include a gym of 7,000 to 9,000 square feet depending on cost and other consideration. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Fitzgerald, and Thomas and Mayor Garvey voted "Aye." Commissioner Deegan voted "Nay." Motion carried. Commissioner Deegan said he voted "Nay" because the motion limited the size of the gymnasium to 9,000 square feet while the concept presented was slightly more than 9,000 square feet. Commissioner Thomas stressed the importance of interior visibility. He noted parking at this site is terrible. He requested staff focus on using the Florida Power right-of-way for ancillary parking. Mr. Wilson stated staff will work toward building as large a gymnasium as possible within the budget. He noted everything was conceptual at the moment. Commissioner Berfield questioned the gymnasium's required staffing level. Mr. Wilson estimated the facility will require seven employees, seven days a week. His Department hopes to cover the facility's needs with the current workforce. He noted a gymnasium would have the same staffing requirements as its alternative, a social hall. The building will open in October 1995. Commissioner Thomas requested community volunteers help staff the Center. Mr. Baker said the next step would be for the Commission to approve a contract with Mr. Bitterli. 1994 Legislative Report Jim Massie, the City's lobbyist, reported the City was successful this year during the 1994 Regular Legislative Session. 1) Leaseholds on certain municipally-owned property are now exempt from ad valorem taxation when access to the property is open to the public. Concert halls, convention centers, arenas, stadiums, parks, and beaches are included in the definition. The Spring training facilities will be exempt from the threat of ad valorem taxation. The concession stand, if private, can be taxed. 2) SB 3174 reduced the corporate fees charged to homeowners' associations from $200 in 1994 to $130 in 1995 and $61.25 (the old fee) in 1996. Costs were decreased in stages to minimize the negative effect on General Revenue. 3) A compromise regarding the Billboard legislation was negotiated. The legislation does no damage to Clearwater. Cities will not have to pay compensation for alterations to signs. If local governments act by July 1, 1996, they will be authorized to take over FDOT's responsibility for regulating billboards on scenic highways. 4) The Legislature amended the Code Enforcement Board statute to authorize the recovery of the cost of prosecuting cases before the Board and otherwise making it easier to issue code enforcement citations. Another bill allows personal records of Code Enforcement Inspectors, such as home addresses and telephone numbers, to be exempt from the public records law. 5) A new law makes it a third degree felony to allude police. 6) Mr. Massie reported mixed success on annexation legislation. Several bills making it more difficult to annex territory and repealing the provisions enacted last year to authorize annexation of an enclave of ten acres or less by interlocal agreement with the County did not pass. HB 865 passed and repealed legislation enacted last year that allowed a municipality to annex unincorporated territory where there are no registered electors without a referendum. Instead, the City must have the consent of the majority of property owners in the area to be annexed. 7) The Legislature created a new department for Juvenile Justice effective October 1, 1994, removing it from the Department of Health and Rehabilitative Services. Newspapers will be allowed to publish the names of juvenile offenders and their photographs. Detention for juveniles accused of contempt of court was approved. 8) Minor mandates were changed in Police and Fire death benefits to provide health insurance coverage for the spouse and children of police officers or firefighters killed in the line of duty until the spouse remarried or the youngest child reaches majority or age 25 if a student. Surviving spouses of pension participants killed in the line of duty will not lose survivor retirement benefits if they remarry. 9) A new law directs public projects in excess of $200,000 be put out for competitive bid. There are many exemptions to this bill and it will have little effect. 10) New statewide standards passed for safety at Automated Teller machines preempt local codes. Mr. Massie reported bills that did not pass this year are: 1) Changes to the Consultants Competitive Negotiations Act (Mr. Massie felt change would occur next year); 2) HIV/AIDS presumption for fire and police personnel; 3) child pornography; 4) the Private Property Rights Bill (He anticipates an attempt to enact this through the use of a constitutional initiative); 5) reclassification of roads postponed for one or two years; 6) mandates; 7) gun control measures: 8) impact fees; 9) public access to local officials (May come up in Special Session); 10) electric territory bill. Commissioner Fitzgerald questioned HR 1305, wastewater reuse. Mr. Massie noted this bill applied only to private projects. Commissioner Deegan requested a clarification of the number of elected board members included in the final version of the PSTA legislation. Mr. Massie reported the board will consist of nine elected officials, and two non-elected. Clearwater's board membership will decrease from two to one member which must be an elected official. St. Petersburg will have one elected representative and one appointed. ITEM #6 - Citizens to be heard re items not on the Agenda Mr. John Ciokan, a resident of Misty Springs, said he wrote Mr. Wilson and Chief Klein regarding the Countryside Community Center in 1992. He expressed concerns that the facility only has one entrance and the dangers of the curve on Countryside Boulevard near SR 580. He questioned plans for the heavy traffic that will access the park. He stated traffic problems and parking shortages occur when tournaments are held. The Commission recessed from 11:20 to 11:32 a.m. CITY MANAGER REPORTS CONSENT AGENDA (Items #7-19) - Approved as submitted less Items 8, 13, 14, & 17. ITEM #7 - Contract for a 400' directional bore to replace an existing gas main on McMullen Booth Rd., N of SR 580, to Heuer Utility Contractors, Inc., Clearwater, FL, at an estimated $19,200 (GAS) ITEM #8 - See Page 7. ITEM #9 - Purchase of a 1994 Chevrolet 1-ton cab and chassis 4x2 truck with utility body from Jerry Hamm Chevrolet, Jacksonville, FL, for $15,897 (GS) ITEM #10 - Purchase of a 1994 Chevrolet 1-ton cab and chassis truck from Ferman Motor Car Co., Tampa, FL, for $15,006.90 (GS)) ITEM #11 - Purchase of ten Ford Trucks (one 1-ton crew cab and chassis truck with utility body for $19,477; three 3/4-ton 4x2 pickup trucks for $43,458; two 3/4-ton cab and chassis 4x2 trucks with utility body for $32,576; one 14,500 lb. GVW cab and chassis truck for $19,778; one 14,500 lb. GVW cab and chassis 4x4 truck for $27,768; one 1-ton cab and chassis truck with container body for $22,297; and one 1-ton cab and chassis truck with 2-yard dump body for $18,649) from Heintzelman's Trucks, Orlando, FL, for a total cost of $184,003; financing to be provided under City's master lease-purchase agreement with Security Capital Corp. (GS) ITEM #12 - Contract to renovate the existing unistrut system space frame roof on the Charles Wharton Johnson Pavilion (Coachman Park Bandshell) to Unistrut Florida, for $19,925 (GS) ITEM #13 - See Page 8. ITEM #14 - See Page 8. ITEM #15 - Purchase of warranty extension service maintenance contract for the WPC Division from Perkin-Elmer Corp., Norwalk, CT, for the period 07/01/94- 06/30/95, for $12,882.91 (PW) ITEM #16 - Purchase of Hydrogen Peroxide Chemical from Vulcan Peroxidation Systems Inc., Tucson, AZ, for the period 06/16/94- 06/15/97, at an estimated $1,002,832 (PW) ITEM #17 - See Page 9. ITEM #18 - Interlocal Agreement with Pinellas County to apply jointly to obtain State recycling grant funds from FDER (PW) ITEM #19 - Agreement with James C. Massie, extending lobbyist service for the period 06/26/94- 06/25/95, for $16,583 plus reasonable and necessary out of pocket expenses (CM) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 8, 13, 14 and 17 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #8 - Purchase of one 1994 3/4-ton GMC 4x4 pickup truck from General GMC Truck Sales, West Palm Beach, FL, for $17,552.50 (GS) City Manager Elizabeth Deptula reported the vendor will be unable to deliver the truck. Staff was not prepared to accept other bids. She requested the item be continued. Commissioner Fitzgerald moved to continue the purchase of the 1994 3/4-ton GMC 4x4 pickup. The motion was duly seconded and carried unanimously. ITEM #13 - Purchase of fire hydrants from Southeastern Municipal Supply, Tampa, FL, for the period 05/24/94- 05/23/95, at an estimated $65,016.25 (PW) Fire hydrants will be installed to expand the system and replace damaged, broken, and substandard units. Hydrants will be purchased as needed. Estimates of recommended quantities are based on past usage. Commissioner Thomas felt the bids were too close and suggested the price for cast iron products was fixed in this country. He recommended contacting Pacific Rim brokers for better rates. He suggested the City could sell them to other municipalities. Mayor Garvey questioned if the cost of shipping would negate all cost savings. Mr. Baker stated the City accepted open bids for many years but foreign manufacturers did not compete. In 1985, to standardize parts for maintenance, the City limited fire hydrant purchases to three models from three manufacturers. Commissioner Thomas suggested sending non patented samples to Asia for manufacturers to copy. He suggested staff investigate if there is price fixing. Mr. Baker said based on the City's specifications, he was strongly convinced foreign manufacturers would not compete. Mayor Garvey requested the City Manager investigate Commissioner Thomas' recommendation. Commissioner Berfield questioned if the bids were from distributors. Mr. Baker reported distributors bid on the three specific hydrants specified which are manufactured by Kennedy, Mueller and US Pipe, all US companies. Commissioner Thomas moved to approve the purchase of fire hydrants for the period 05/24/94- 05/23/95. The motion was duly seconded and carried unanimously. Commissioner Thomas requested staff to research the cost of having a clone of a non patented fire hydrant manufactured in East Asia. Mayor Garvey requested the clone meet current specifications. ITEM #14 - 10 year lease with Florida State Council Pentecostal Assemblies, Inc., for a portion of Christ Temple Church property located at 1304 N. Greenwood Ave., C.E. Jackson's Sub., Blk 3, N 50' of Lot 8 less the E 5', to be used as public parking lot, for $1,000 per year (PW) On January 6, 1994, the City Commission approved the purchase of three lots at the northwest corner of North Greenwood Ave. and Engman St. from Al Bridges to be used for construction of a parking lot in the North Greenwood business district. The purchase of these lots was completed March 11, 1994. To develop a unified parking facility, the lots are to be connected to the City-owned North Greenwood Police Substation property across the Christ Temple Church property at 1304 N. Greenwood. An appraisal the City obtained on September 29, 1993 valued the Christ Temple property at $100,000. Purchase of the entire property was determined to be impractical with the available funds. Staff negotiated with Florida State Council Pentecostal Assemblies, Inc. (FSCPA) on the proposed lease agreement. FSCPA directors would not approve an acceptable option to purchase based on the appraisal or grant the City a right of first refusal should an acceptable purchase offer be made to the FSCPA by another party. The board would not approve an extension of the lease term beyond ten years. The lease premises contain 4,050 square feet, approximately 41.54% of the entire property. The annual lease rate is 24.69 cents per square foot. Entering into the lease serves to complete the land assemblage necessary to develop the proposed parking lot that will be owned and operated by the City, and be free of charge to the public. Construction is to be accomplished by the City's Engineering Division, with completion anticipated before December 31, 1994. Commissioner Fitzgerald expressed concerns that this parking lot had not yet been built. He questioned the lease agreement being part of the equation. Peter Yauch, Acting Director of Public Works, said the City intended to purchase this critical piece of land but were unable to negotiate a sale. Commissioner Fitzgerald moved to approve the ten year lease with FSCPA for a portion of Christ Temple Church property at 1304 N. Greenwood Avenue. The motion was duly seconded and carried unanimously. ITEM #17 - Contract for City-Wide Underground Emergency Generator Fuel Storage Tank Removal and Replacement to International Technology Corp., Tampa, FL, for $135,000 (PW) Regulations of the Florida Department of Environmental Protection (FDEP) require the removal of certain underground fuel storage tanks by December 31, 1998 to prevent groundwater contamination from leakage. Single wall and bare steel tanks will be replaced with above ground ones or specially designed and constructed underground tanks. The nine tanks requiring replacement are located at: Clearwater Main Police Station; Clearwater Lift Stations 16; 24; 25; and 58; Clearwater Fire Stations 3; and 6; Garden Avenue Parking Garage; and the Marshall Street Advanced Water Pollution Control facility. Although these tanks can remain in place until the FDEP deadline in four years, risk of leakage due to corrosion increases as the tanks age. Leaks will substantially increase the cost of cleanup, especially if they affect groundwater. The expense for removal may escalate as the deadline approaches and demand for services increases. The proposed replacements do not require continued monitoring and reporting from FDEP. The new double walled fuel storage systems have concrete vaults and above ground fuel piping that will eliminate the potential for environmental damage due to leakage. Commissioner Thomas complimented staff for the presentation of this agenda item. He stated this item represented the best job he has seen in preparing an item for the agenda. Commissioner Thomas moved to approve a contract for City-wide underground emergency generator fuel storage tank removal and replacement. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #20 - Stevenson's Creek Project a) Revised Scope of Work After severe flooding in '87 and '88, the City Commission hired a consulting engineer to assess flooding and devise an acceptable plan for flood control of Stevenson Creek, the major urban drainage channel for Clearwater and west-central Pinellas County. Phase One of the two part construction plan is completed. The estimated cost of the original Phase Two was $6.4 million. Mr. Baker reviewed the last plan presented to the Commission which was to purchase a number of homes in order to allow the construction of more natural channels and a lake, alleviating the need for extensive hard lining of the channel. He indicated permitting authorities were delighted with the new plan. However, the Commission had directed proceeding with this plan only if the homes could be obtained without implementing condemnation proceedings. The alternative to that plan was to construct a large culvert at a cost of $5.26 million. He reported most home owners were not willing to sell their property and therefore staff had returned to considering the culvert. Staff examined three alternate plans. Alternative three provides for the acquisition of four properties (the subjects of this item) and building enough of a lake to reduce the velocity of the water in the creek to relieve the flooding problems. Estimated costs total $3.69 million for property acquisition, engineering and construction. Staff recommends this alternative. Mr. Baker said after removing the duplexes, ponding can be constructed in the first part of the channel to decrease velocity. The remaining channel will remain natural, without concrete. He noted this plan will not provide 25-year storm protection along the creek's total length. Some homes will only be afforded a 2- to 3-year storm protection. The City plans to purchase three houses prone to flood when the owners are willing to sell. Mr. Baker noted some homeowners would prefer hard lining the creek to avoid further back yard erosion and stabilize the ditch. State authorities denied the City's plan to hard line the creek and the City did not fight that decision. Commissioner Deegan questioned the status of flood prone homes. Mr. Baker indicated their situation will be enhanced. Commissioner Thomas questioned if City would be liable for property loss, if the pond causes increased erosion. Mr. Baker indicated the properties would be better off with the decrease in velocity. He said the City is responsible for its activities in easements. Commissioner Thomas expressed concerns about the City's liability if the creek's behavior is opposite of the City's model studies. Mr. Baker did not think that would happen. Commissioner Thomas questioned if a new bridge would be constructed on E. Druid Road. Mr. Baker said a new bridge and weir would be built. Commissioner Thomas expressed concerns if logs and debris cannot flow freely. Mr. Baker said debris will pass and agreed logs can be a problem. He stated the design reduces that probability, but no guarantee can be made. He said the City will monitor it. Commissioner Fitzgerald questioned if the problem pipe at Court Street would be removed. Thomas Burke, Vice President of Camp Dresser McKee Inc. (CDM), indicated it would. Commissioner Berfield moved to revise the scope of the work of the Stevenson's Creek Project as presented by staff. The motion was duly seconded and carried unanimously. b) Work Order with Camp Dresser McKee Inc. to redesign the revised project and submit environmental permit applications in the amount of $275,900 (PW) To complete the revised project as directed by the Commission, the City requires Camp Dresser McKee Inc. (CDM) to provide engineering design and permitting services. Surveying and geotechnical services will be provided as necessary. CDM services extend through project construction. Commissioner Deegan questioned why plans would not need to be modified. Mr. Burke stated the original project plans for culvert construction would have resulted in massive road construction. Because of concerns for the flow path, they are preparing drawings for a clear span bridge. Commissioner Deegan questioned if these were revised plans. Mr. Burke said this bridge was a substitute for previous plans. Commissioner Deegan questioned the cost of the redesign. Mr. Burke said those costs were represented in the work order budget. Commissioner Deegan requested a guarantee that there be no additional charges. Mr. Burke said if there were no other changes in the design, there would be no reason for CDM to increase its rates. He noted other factors could increase the project's costs. Mr. Baker said if the Commission does not order changes to the project, this is the last time CDM will come before the Commission asking for money regarding the Stevenson Creek project. Mr. Burke agreed. Commissioner Deegan moved to approve the work order with CDM to redesign the revised project and submit environmental permit applications. The motion was duly seconded and carried unanimously. c) Purchase of 4 residential duplex properties in the 1300 block of Jeffords Street for Stevenson's Creek Phase 2 Improvement Project, Parkwood Sub., 5th Add., Lots 1-4, for total price of $355,000, additional monetary consideration of $8,500, with estimated transactional environmental audit, boundary survey, termite inspections and closing costs of $6,590, for a total cost of $370,090 (PW) At its meeting of July 15, 1993, the City Commission voted to accept a recommendation made by Camp, Dresser & McKee, Inc. (CDM), consulting engineers for the Stevenson's Creek Improvement Project, to purchase several homes from willing sellers in the area of Jeffords Street and Hillside Drive. In October 1993, City staff contacted 15 property owners by telephone, survey letter and personal visits. Six owners indicated they would agree to negotiate a sale or review a proposal to purchase. Four own contiguous properties that CDM felt would provide sufficient land area to increase the detention/retention capacity of Linn Lake and avoid the need to construct extensive culverts under Jeffords Street. The City has written offers to purchase the four contiguous lots on Jeffords immediately west of Stevenson Creek. Ownership of this property will permit the City to construct an open earthen channel to connect Stevenson Creek from Jeffords Street to Linn Lake. Additional flood water can be stored in the intact channel through the Glen Oaks Golf Course. The City will modify the existing weir at Druid Road and maintain Linn Lake at a reduced level for additional flood storage. Additional floodproofing of buildings in the vicinity of Betty Lane will be necessary to protect them adequately from flooding. The total cost of $370,090 includes the contract purchase price for the four residential duplex properties of $355,000, additional monetary consideration of $8,500, and estimated transactional environmental audit, boundary survey, termite inspections and closing costs of $6,590. A $4,500 management fee for a minimum of nine months to manage the eight rental units is included in the total. CDM estimates costs to complete the channel system from Pierce to Jeffords Street, including the purchase of these properties, will be $3,080,490. Additional costs may be incurred to raze some or all of the structures. Before demolition, staff will attempt to determine cost effective alternate uses. Approval of each purchase is conditioned upon approval to purchase all four properties. Mayor Garvey questioned why the City agreed to pay for termite inspection. Mr. Baker said the City would offer the homes to social services agencies. Commissioner Deegan questioned if the City had verbal contracts with the property owners. Mr. Baker said the City has signed contracts for each property. Earl Barrett, Real Estate Services Manager, stated the contracts are binding if the City Commission approves them and they are signed and returned to the sellers today. Commissioner Deegan moved to approve the purchase of real property commonly known as 1364 Jeffords Street and legally described as Lot 4, PARKWOOD SUBDIVISION 5TH ADDITION, from Carter C. Hubbel, Jr. and Joan Burton Groft, as co-trustees, for the total purchase price of $82,500, with estimated expenses of $1,035.50 for an environmental audit, termite inspection, survey and recording fees, for a total cost of $83,535.50, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to approve the purchase of real property commonly known as 1366 Jeffords Street and legally described as Lot 3, PARKWOOD SUBDIVISION 5TH ADDITION, from Kenneth E. and Nancy Gilmore, husband and wife, for the total purchase price of $90,000, plus $4,000 for the purchase of personal property, $4,500 for real estate management services for nine months, and $1,035.50 for an environmental audit, termite inspection, survey and recording fees, for a total cost of $99,535.50, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Mayor Garvey questioned the City's purchase of personal property. Mr. Baker indicated that acquisition was necessary for completion of the sale. Mayor Garvey questioned the management fees. Mr. Baker explained as part of the sale, it was agreed that Mr. and Mrs. Gilmore would manage leasing the eight units until they are needed by the City. Mayor Garvey expressed concerns that tenants be advised on the limited length of any lease agreement. Commissioner Thomas moved to approve the purchase of real property commonly known as 1368 Jeffords Street and legally described as Lot 2, PARKWOOD SUBDIVISION 5TH ADDITION, from Philip A. LaRose, Jr. and Judith M. LaRose, husband and wife, for the total purchase price of $92,500, with estimated expenses of $2,545 for an environmental audit, termite inspection, survey, title insurance, documentary stamps and other closing costs, for a total cost of $95,045, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the purchase of real property commonly known as 1370 Jeffords Street and legally described as Lot 1, PARKWOOD SUBDIVISION 5TH ADDITION, from Opal C. Cole, a widow, for the total purchase price of $90,000, with estimated expenses of $1,646 for an environmental audit, termite inspection, survey, title insurance and closing fees, for a total cost of $91,646 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #21 - Selection of consultant for Memorial Causeway Bridge feasibility study (CM) On October 7, 1993, the City Commission authorized staff to advertise an RFQ and select a firm to provide professional services and perform a feasibility study, estimated to cost $100,000, relative to a new FDOT bridge at SR 60 (Memorial Causeway) and the intercostal waterway. This study, to be conducted under the auspices of FDOT, is the first necessary step to establishing a new bridge over Clearwater Harbor. Subsequent steps include a PD&E study, bridge design and permitting, right-of-way acquisition, funding and construction. The Consultant Selection Committee, consisting of City of Clearwater and FDOT staff, examined the qualifications of contending firms, ranked them, and provided a short list of final candidates: 1) HDR Engineering, Inc.; 2) Post, Buckley, Schuh & Jernigan, Inc.; 3) Tampa Bay Engineering, Inc.; 4) Reynolds, Smith and Hills, Inc. City policy requires final candidates to provide documentation that estimates project staffing requirements and required employee hours. Mr. Baker said if planning were started today, the bridge would not be completed for ten years. He hoped the study would indicate the preferred and most feasible corridor, where ramps would be built, and the scope of property acquisition needs. He stated the City released an RFQ, followed by an RFP. The Florida Department of Transportation (FDOT) presently is not providing money but is a partner in the project. He indicated subsequent work, the PD&E study, the bridge design and permitting, the right-of-way acquisition, funding and construction, will likely be financed by FDOT. He said FDOT may take on the project at anytime. He felt it was in the City's best interest to proceed with the study. Commissioner Thomas expressed support of promoting the new bridge as a City project. He suggested a 25 cent toll would pay for the bridge within a reasonable length of time. He felt the study is important. Commissioner Berfield questioned which corridors were being considered. Mr. Baker indicated Drew, Court, and Cleveland Streets. Commissioner Berfield questioned if staff had considered Sunset Point as a potential corridor. Mr. Baker indicated that road may offer an option for a second bridge. Commissioner Fitzgerald suggested the City study the feasibility of improving water flow by eliminating part of the causeway by extending the bridge. Mr. Baker said that suggestion was being considered. Commissioner Deegan questioned what the firms on the short list provided the City to prove they were qualified. Mr. Baker explained the RFQ was advertised with a one page description inviting all interested firms to respond. With FDOT's help, staff reviewed the brochures and packets of information sent by companies. Staff wrote the four firms and invited them to prepare a proposal. Staff met with each respondent for approximately two hours and ranked HDR Engineering number one. Commissioner Deegan questioned the $100,000 estimate. Mr. Baker explained FDOT had earlier estimated this study's cost. Commissioner Deegan expressed concerns about spending $100,000 for a study of the bridge. He noted considerable resistance to the idea by Beach residents. He recommended a public hearing first be held. He suggested staff present a study of each suggested corridor. Mr. Baker said staff has almost completed their preliminary feasibility studies. He stated they could progress no further until traffic studies are completed. To focus on this, he would have to pull staff off other projects. He noted FDOT would not accept an inhouse study as valid. Commissioner Deegan suggested staff report on their recommendations so the public can be educated and comment on the proposed project. Mr. Baker said City staff could not continue the project until some design has been established. He noted staff was not capable of designing a bridge. Commissioner Deegan requested staff list the pros and cons of the three alternate corridors. Mr. Baker reported the current bridge opens for every boat and carries up to 50,000 cars a day during peak periods with no emergency, passing or bicycling lanes. FDOT will be replacing the old bridge's mechanical parts. Commissioner Thomas stated he could think of nothing more needed or valuable than a new bridge. He felt it would help solve the water flow problems and provide a safe exit from the beach in times of storms. He suggested once the study is completed, there will be time for widespread public input. He noted this study was small and had been initially approved in October 1993. Mayor Garvey noted it is difficult to explain the project and its impact to citizens until the study is completed. Commissioner Fitzgerald agreed. He expressed surprise that some residents might object to the bridge. He noted the needs of visitors also must be considered because the bridge serves more than beach residents. He suggested this bridge could provide the solution to many future problems. Commissioner Deegan said he was not speaking in favor of or against the bridge. He felt it was premature to spend $100,000 on a study. Commissioner Thomas moved to approve the selection of a consultant for the Memorial Causeway Bridge feasibility study. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Fitzgerald, and Thomas and Mayor Garvey voted "Aye." Commissioner Deegan voted "Nay." Motion carried. The Commission recessed from 12:34 to 1:19 p.m. ITEM #22 - Appointment of Commissioner(s) to take Commissioner Thomas' seat on the MPO & PSTA (CLK) At the 04/18/94 meeting, Commissioner Thomas indicated he wished to resign his positions as City representative to PSTA and the Metropolitan Planning Organization (MPO) within 60 days. The Commissioner(s) chosen to replace Commissioner Thomas will complete his terms: PSTA - 09/30/96; MPO - 09/97. PSTA meets the 4th Wednesday at 9:00 a.m. and the MPO meets the 2nd Wednesday at 1:00 p.m. Commissioner Thomas stated he did not have time to serve on these boards and had resigned effective June 1, 1994. Mayor Garvey expressed concerns that few Commissioners have extra time. She requested Commissioner Thomas share the board's responsibilities and serve on at least one board. Commissioner Thomas said the MPO required less time and he could continue serving on that board. Commissioner Deegan volunteered to serve as the City representative on the PSTA board. Commissioner Thomas thanked Commissioner Deegan and offered to provide him with files and research notes. Commissioner Berfield moved to approve replacing Commissioner Thomas on the PSTA board with Commissioner Deegan and no change to the MPO Board. The motion was duly seconded and carried unanimously. ITEM #23 - Discussion re Canceling June 13th meeting Commissioner Fitzgerald reported a special budget meeting is scheduled to follow Tampa Bay Regional Planning Council's (TBRPC) regularly scheduled 9:00 a.m. meeting on June 13, 1994. He serves as Chair of this committee. Commissioner Deegan suggested rescheduling the City Commission meeting for 9:00 a.m. Mayor Garvey felt the Commission should honor Commissioner Fitzgerald's request to be in attendance at the City Commission meeting. Commissioner Thomas moved to cancel the June 13, 1994, City Commission meeting and reschedule it for Tuesday, June 14, 1994, from 9:00 a.m. to 1:00 p.m. The motion was duly seconded and carried unanimously. Commissioner Deegan noted the CRA meeting needs to be rescheduled. It was the consensus of the Commission to address this issue at the May 31, 1994 CRA meeting. ITEM #24 - Other Pending Matters a) Contract for remodeling of Gas Sales Office/Appliance Showroom located in Campus Walk Plaza to Diaz/Fritz Group, Inc., Tampa, FL, at an estimated $49,133 (GAS) Clearwater Gas System's (CGS) sales offices and appliance showroom need to be expanded and moved. CGS staff recommended relocating to the Campus Walk Plaza, 2551 Drew St. The space has never been occupied and the bathrooms require upgrading to meet American Disability Act (ADA) regulations. CGS employed Associated Space Design, Inc. (ASD) of Tampa to design the office space and insure compliance with ADA requirements. The second low bidder, Allen-Edward, Inc., filed a bid protest on the basis that their bid included all requirements of the bid specifications while the Diaz/Fritz Group, Inc. bid did not. The Purchasing Manager and CGS determined the Diaz/Fritz bid included all bid specification requirements. On May 2, 1994, the City sent a formal letter of response to Allen-Edward allowing them until May 9, 1994, to file a second level bid protest. Allen-Edward, Inc. did not submit a protest to the City Manager; therefore, their bid protest is considered closed. Commissioner Fitzgerald expressed concerns that the City, as lessee, was responsible for upgrading the bathrooms to ADA regulations. Chuck Warrington, Managing Director of the Gas System, stated the City could have taken a hard line that because the bathrooms were existing, they did not have to meet the code. He stated the City chose to take a proactive role in meeting ADA regulations because amenities in City facilities must be accessible to all. Commissioner Fitzgerald questioned the cost of upgrading the bathrooms. Mr. Warrington stated costs in the bid were not broken out by task. Commissioner Deegan moved to approve the contract for remodeling the Gas Sales Office/Appliance Showroom located in Campus Walk Plaza to Diaz/Fritz Group, Inc. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #25 - Other City Attorney Items a) Interlocal Agreement for Fire Chief Services The City plans to allow one of its professional fire administrators, Joseph A. Pidala, to serve as Interim Fire Chief for the city of Belleair Bluffs while they examine their Fire Department's organization and how to best provide services following the retirement of their Chief. Mr. Pidala shall continue to be a Clearwater employee. The City wishes to assist a neighboring community and enhance community cooperation for the provision of emergency and fire suppression services. The agreement is valid 05/16/94 - 11/16/94. Belleair Bluffs shall pay Clearwater $2,989.58 per month, in advance, for the length of the contract. Assistant City Attorney Miles Lance suggested the contract include an indemnification clause. Deputy City Manager Kathy Rice reported Assistant City Attorney Dick Hull had reviewed and signed off on the proposed contract. Commissioner Thomas expressed concerns that Belleair Bluffs pay 100% of the City's employee costs. Ms. Rice said Belleair Bluffs was paying the City what they would pay a Fire Chief. Commissioner Thomas expressed concerns that Clearwater not subsidize another municipality's expenses. Ms. Rice noted Mr. Pidala will continue to serve on the bargaining staff representing the City's interests. Mayor Garvey questioned if Belleair Bluffs was part of Clearwater's Fire District. Ms. Rice said it was not. Ms. Rice reported the interlocal agreement was reached between Assistant City Attorney Hull and Belleair Bluffs City Attorney Hubbard. She stated Mr. Pidala's salary, including car allowance, incentive pay and pension, is $4,715.86 per month. Mayor Garvey questioned if another employee could be sent at a lower cost. Ms. Rice explained the contract was negotiated by Clearwater's City Attorney's office. Commissioner Deegan noted Chief Davidson felt this it would be a good experience for Mr. Pidala. Commissioner Thomas questioned if $4,716 per month included all employee costs. Ms. Rice suggested adding 20% to that amount for fringe. Commissioner Thomas estimated the City would lose $2,600 a month to do a favor for another city. Ms. Rice noted Mr. Pidala will spend some time working for the City of Clearwater. His position will not be replaced. Commissioner Berfield questioned who would be responsible if Mr. Pidala were injured while working in Belleair Bluffs. Ms. Rice replied Mr. Pidala would remain an employee of Clearwater and the City would retain responsibility. Commissioner Thomas spoke in opposition to the plan. He felt it was not proper for Clearwater taxpayers to subsidize Belleair Bluffs. He stated Belleair Bluffs should pay all of Mr. Pidala's employee costs. Commissioner Fitzgerald suggested that based on the significant difference between the City's employee costs and the amount of enumeration, the contract be renegotiated. Commissioner Deegan questioned if Mr. Pidala could work in Clearwater one day a week. Ms. Rice agreed. Commissioner Thomas suggested if the City could allow an employee to work elsewhere for six months, the City should be able to eliminate that position. Commissioner Deegan felt Commissioner Thomas' conclusion was based on assumptions. Commissioner Berfield requested Ms. Rice renegotiate the contract. Commissioner Deegan recommended Mr. Pidala be scheduled in Clearwater one day, or one fifth of a week. Commissioner Thomas moved to award an interlocal agreement for Fire Chief services if Belleair Bluff, in total, reimburses the City's true, out-of-pocket costs for Mr. Pidala's efforts. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Fitzgerald, and Thomas voted "Aye." Commissioner Deegan and Mayor Garvey voted "Nay." Motion carried. Confidential Sessions Mr. Lance reported the need to schedule a confidential session between the Interim City Attorney and the City Commission regarding the William Grady Thomas case for which no trial date has been set. He estimated the meeting would last 30 minutes. A special session was scheduled for the May 31, 1994, meeting at 9:30 a.m. Mr. Lance requested scheduling a confidential session to discuss confidential settlement negotiations with Assistant City Attorney Dick Hull regarding the case, Thomas W. Smith versus the City of Clearwater. It was estimated the meeting would last 15 minutes. A June trial date has been set. A closed session was scheduled for 5:00 p.m., preceding the May 19, 1994 City Commission meeting. ITEM #26 - City Manager Verbal Reports a) Utility Customer Service Division relocation The City Manager reported the contract for a lease is not ready. Staff is reviewing alternate facilities. No agreement has been reached regarding cost. Negotiations are ongoing. b) Hildebrandt response Commissioner Thomas requested Mr. Zimmet's opinion regarding objections raised in Commissioner Thomas' March 17, 1994 memorandum. Interim City Attorney Alan Zimmet reported he read the Hildebrandt report and discussed it with Kathy Rice, Deputy City Manager. He recommended negotiating an agreement. He noted Hildebrandt had replied they were unwilling to meet the City's request for additional information. Hildebrandt admitted some objectives were not met. They blamed this on their inability to access information. City negotiations can focus on this omission. Mr. Zimmet noted the contract's stated rate of $55,000 to $62,000 does not specify a basis for compensation. Invoices paid by the City were based on hourly rates. He questioned how the City could determine the portion to be deducted. He suggested staff try to resolve this through negotiation. Commissioner Thomas stated Hildebrandt did not fulfill their contract. Mr. Zimmet agreed two items listed as goals were not included in the report. Mayor Garvey noted the information Hildebrandt claimed they could not get, did not exist. Commissioner Thomas requested Mr. Zimmet review the contract and investigate the objectives not completed. Mr. Zimmet said Hildebrandt should have returned to the Commission and stated they could not complete the report as outlined and adjusted their level of compensation accordingly. He suggested staff be allowed to reach an agreement with Hildebrandt. It was the consensus of the board that the Interim City Attorney try to negotiate an agreement. Resolution 94-40 encouraging location of the Gulf Coast Art Center in downtown Clearwater Assistant City Attorney Lance presented Resolution #94-40 and read it by title only. Commissioner Thomas moved to adopt Resolution #94-40. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Correspondence Ms. Rice reported no response has yet been drafted to Mr. Walker's second letter. Clearwater Summer Jobs Program The City Manager stated a memorandum from Eleanor Breland, Human Relations Department Director, reported Workforce distributed more than 600 flyers throughout the City and have scheduled special recruiting efforts in the schools and community. Of the 109 applications received, 66 were completed and 43 were being processed. Mayor Garvey noted the numbers reported in the newspaper were much lower. The City Manager said the newspaper's report was premature. She noted 125 positions have been developed for the Clearwater Summer Jobs Program. ITEM #27 - Commission Discussion Items - None. ITEM #28 - Other Commission Action Commissioner Deegan referred to Mr. Baker's reply to Ms. Vincent of the Clearwater Housing Authority regarding an algae problem in the Downtown retention pond. He questioned what staff is doing to solve the problem. Mr. Baker stated until an algaecide is developed without negative environmental consequences, the City could purchase aerators to agitate the pond. Mayor Garvey questioned how many aerators the City currently had in the pond. Mr. Baker replied three. He expressed concern that it was not know how many aerators would be needed to alleviate the problem. Commissioner Thomas reported algaecides are the second largest part of his business. He offered to put Mr. Baker in touch with suppliers. Mr. Baker stated the City's Environmental Department was unaware of an effective and safe algaecide. He said if one is not yet available, staff can investigate the use of aerators. He noted summer rains will alleviate the problem. Commissioner Fitzgerald referenced the request by the Council of Service Organizations, Upper Pinellas (CoSOUP) for a waiver of variance fees in connection with their proposed welcome sign on Courtney Campbell Causeway listing local service organizations. The sign is scheduled to be placed on property owned by the Daughters of the Confederacy. Mayor Garvey questioned the extent of the variance requested. She suggested the City Commission may be unwittingly giving tacit approval for an unbecoming sign. The City Manager said she would obtain additional information and advise the Commission. Commissioner Fitzgerald expressed concerns about the Jolley Trolley organization. He noted newspaper reports regarding safety issues and problems with insurance coverage. He noted continued turmoil on the organization's board of directors. Operators have commented equipment is not being properly maintained. He requested an opportunity to question those in charge about the organization including its financial and operational status and the company's goals and objectives. Mayor Garvey reported she sent a memorandum requesting information on the operation, the statistics on ridership, the percentage of time the Trolley meets its schedule, a financial report compared to the budget, and copies of minutes from Jolley Trolley board meetings. Commissioner Fitzgerald noted Commissioner Berfield served as the City's appointed representative on the board. He requested the Board's Chair appear before the City Commission, be sworn in, and answer questions. He expressed concerns because the Jolley Trolley is subsidized by citizens. Commissioner Deegan felt the Jolley Trolley is not an agency of City government any more than the Long Center or Ruth Eckerd Hall are. He noted non-profit organizations supported by the City appear before the Commission annually at budget time. Commissioner Deegan said it is inappropriate for the Commission to interfere with private non-profit organizations in the middle of their cycle. He said the Jolley Trolley should not be treated as if it were a City department. Commissioner Fitzgerald noted the Jolley Trolley provides public transportation on Clearwater's streets. He expressed concerns regarding reported unlicensed, uninsured operators. Commissioner Deegan agreed there is a reason for concern but questioned this method of gathering information. Commissioner Thomas agreed with points made by both Commissioners. He stated he has no idea what is transpiring at the Jolley Trolley. He stated if the Trolley is not operating safely, questions need to be resolved quickly. He noted Commissioner Berfield sits on the Jolley Trolley Board. Commissioner Thomas suggested Commissioner Fitzgerald submit a list of his questions in writing for a response by the Jolley Trolley Board. He said the City does not run the organization. He warned against upbraiding the organization based on a newspaper article. Mayor Garvey felt it was appropriate to request information. Commissioner Thomas felt was no problem asking questions in an appropriate manner. He noted the confusion and his desire for answers. Commissioner Berfield reported the Jolley Trolley Board's Attorney/CPA presents weekly financial reports at each meeting. She stated there are no problems with the organization's finances. Commissioner Berfield reported she has requested Interim City Attorney Zimmet determine if the Jolley Trolley Board needs to act under Sunshine Laws. She noted there were organizational problems with managers who possessed transportation experience but had no office management expertise or experience gathering bids. She reported PSTA claimed the Trolleys were in "A-1" condition when they delivered them. She noted in the past few months the air conditioning on one had to be replaced and now one is sidetracked with a broken fuel pump. The board has requested PSTA provide the Trolleys' service records. A van, replacing the broken vehicle, keeps the service running on schedule. Commissioner Berfield stated the last director quit after getting upset when the board said no to something he wanted to buy. She did not know about problems associated with licensing and drug testing. She noted these problems were the responsibility of the last director. Commissioner Berfield noted difficulties in trying to run a private company under Sunshine rules. Commissioner Fitzgerald questioned if private organizations should be running this type of operation. He felt there should be no safety problems. Commissioner Berfield questioned how he knew that information was accurate. Commissioner Fitzgerald said he assumed it was and stated he was not surprised by the reaction of the majority of the Commission to his expression of concern. Commissioner Berfield recommended the organization be granted to opportunity to prove themselves. Mayor Garvey said she requested information and recommended the Commission start at that point. Commissioner Fitzgerald expressed concerns about the City's legal responsibilities and liabilities. Assistant Attorney Lance stated if an accident occurred on the Jolley Trolley or at the Long Center or Ruth Eckerd Hall, the City would probably be named as a second defendant. Commissioner Berfield reported there was no difficulty with obtaining information. She stated the next meeting will be held on May 23, 1994. Commissioner Berfield noted Peter Yauch's resignation and stated she had enjoyed working with him. The Commission joined to wish him well. Commissioner Berfield requested the City Commission consider pushing legislation to make the transcripts of closed door meetings with the City Attorney not subject to the public records law and they remain sealed even once the issue is resolved. She noted future problems can result when these records are made public and those who may be in litigation with the City can review them for clues on style and the methods of reasoning. It was the consensus of the Commission to include this suggestion with next year's legislative package. Mayor Garvey referenced on a letter from Eleanor Breland regarding required upgrades to Jack Russell Stadium and the Marina because of ADA regulations. She questioned if the public was aware of the expense of upgrading for ADA. She requested an accounting of ADA expenses. Ms Deptula reported when ADA was first approved, the City budgeted $800,000 to upgrade facilities. Areas that cannot be renovated have been designated for employees only. It was the consensus of the Commission that staff track and report the cost of adherence to ADA regulations. Mayor Garvey referred to a memorandum from Harbormaster Held regarding rates for leases at the Marina. She noted the rates reported in the newspaper were inaccurate. She stated all tenants pay a fair rate at the Marina. The City does not offer giveaway leases. Mayor Garvey questioned if the water treatment project at Clearwater Mall is moving forward. Mr. Baker reported the City is negotiating an agreement. Commissioner Thomas referred to the article in the Tampa Tribune that quoted the Jolley Trolley's first Executive Director Waldt that Commissioner Thomas ran the Jolley Trolley. Commissioner Thomas stated he was not involved with the operation of the Jolley Trolley. He reported his Public Affairs Director, RoseMarie Kafer serves the Jolley Trolley agency as a volunteer citizen. He stated she is not acting as a representative for Commissioner Thomas. ITEM #29 - Adjournment The meeting adjourned at 2:35 p.m.