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08/15/1994 CITY COMMISSION MEETING August 15, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, August 15, 1994 at 10:07 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 (departed 4:17 p.m.) P. Richard Hull Assistant City Attorney (arrived 4:21 p.m.) 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 #3 - Service Awards Seven service awards were presented to City employees. William C. Powell, Water Pollution Control Division, was presented the August 1994 Employee of the Month Award. ITEM #4 - Interim City Attorney Report Interim City Attorney Alan Zimmet reported the easement agreement with Alan Stowell was accomplished within the time frames established at the August 1, 1994, Commission Meeting. Mr. Zimmet indicated the documents have been signed and work is proceeding on the sewer line. ITEM: Discussion & Direction re Charter Review Committee's recommendations and wording of ballot question(s) Mayor Garvey reviewed the issues the Charter Review Committee considered and recommended no change: 1) Form of Government; 2) At-large election of Commissioners; 3) Selection of Mayor; 4) Commission election procedure; 5) No Ethics Section or Citizens' Bill of Rights; and 6) Commission power to transfer property or loan money to other political entities, e.g., the CRA. Commissioner Thomas indicated he did not agree with the recommendation for no run off elections. In spite of the additional expenditure, he believes elections should be determined by more than 50% of the vote. It was the consensus of the Commission not to require run off elections if no candidate receives 50% + 1 of the vote. Commissioner Fitzgerald expressed disappointment with the Committee's statement regarding minority representation. He felt the City needs to work harder to develop a mechanism to foster minority representation. Mayor Garvey noted the difficulty in attempting to gerrymander a district. She felt if the City is well integrated, there should not be a minority district. Commissioner Fitzgerald said other communities had successfully addressed this obstacle and recommended the City look for ways to foster minority representation. He expressed concern this item not be shelved until the next Charter Review Committee. Commissioner Deegan agreed with the recommendation that the Mayor continue to be elected by the voters but differed with the recommendation for filling a vacancy in that seat. The City Clerk reported the Supervisor of Elections has indicated on the November 8, 1994 ballot, two pages, with three questions per page, are available. The Charter Review Committee's recommended amendments were discussed: Section 2.01. (d) 1 - change limitation of indebtedness from 20% to 15%. Ms. Deptula stated she was not uncomfortable with the change because the City's indebtedness is far below the 15% recommendation. Commissioner Thomas questioned if the change was necessary. Commissioner Fitzgerald questioned if the impact of reducing the percentage might alter how bond people view the City. Ms. Deptula indicated they would see the City has less capacity to borrow. Commissioner Fitzgerald questioned if lowering the city's ability to meet indebtedness would make the City less desirable. The City Manager agreed that would be the impression. Consensus of the Commission was to make no change to this section. Section 2.01. (d) 2 - purchase of $25,000 or more be approved by the City Commission. The City Manager reported the limit for approval now stands at $10,000. Commissioner Thomas questioned when that figure was established. The City Manager indicated it was increased five years ago from $7,500. Commissioner Fitzgerald questioned if it was necessary to state an amount in the Charter. The Interim City Attorney stated the limit could be set by ordinance, but noted the Charter was more difficult to change. Commissioner Deegan felt there was nothing wrong with the recommendation. He felt anything over $10,000 should be bid. He noted when the Commission approves the budget, they actually are approving all purchases. Commissioner Berfield questioned what was the downside of setting this limit by Ordinance. Mr. Zimmet indicated it would be a question of who has control. Commissioner Berfield felt the Commission could be more reactive to change if this limit was set by Ordinance. Mr. Zimmet said the part of this section requiring competitive bids above $10,000 remains the same. He noted the recommended changes are concerned with when the City Commission must approve purchases. Commissioner Thomas felt it would make the City work more efficiently. Commissioner Berfield stated she had no problem with raising the limit to $25,000. Consensus was to accept this section as recommended by the Charter Review Committee. Section 2.01. (d) 3 - require appraisals for property purchases. Commissioner Deegan felt a minimum limit should be established and recommended it be $250,000. Commissioner Thomas spoke in opposition to any real estate purchase without an appraisal. The Mayor noted an appraiser is on staff. This requirement is for an independent appraisal. Bill Baker, Assistant City Manager, confirmed that the City always has properties appraised prior to purchase. Commissioner Thomas agreed as long as there is a mechanism to provide for a bonafide appraisal. He expressed concerns that inside appraisals may be compromised by possible conflicts of interest. Commissioner Berfield questioned the Florida statute limit. Mr. Zimmet indicated Florida Statutes require properties valued at more than $500,000 to have two appraisals in order to make the appraisals exempt from the public records law but makes no reference to lower valued properties. Commissioner Berfield suggested adopting Florida Statutes as guidelines. Commissioner Deegan felt properties valued less than $500,000 should be appraised. Mr. Zimmet indicated the only thing affected by the Statute was whether the appraisals were subject to public records laws. Commissioner Berfield recommended adding a requirement for one appraisal for properties valued $200,000 to $500,000 and two appraisals for properties valued above $500,000. Mayor Garvey questioned if these appraisals needed to be completed by an independent certified appraiser or if they could be handled inhouse. Mr. Zimmet stated he needed to check Florida Statute 166.045. Commissioner Thomas noted the City paid high prices for some of the property it accumulated at the East End. He felt the City was at a disadvantage when it targets an area in which it wants to acquire property. This is a problem he wants to prevent. Commissioner Thomas noted the Commission does not have to wait five years to change the Charter. The Charter can be changed by the City Commissioners at any time. He requested a Task Force be established to address the minority representation issue. Mr. Zimmet stated the appraiser must be a member of an appraisal organization. Mr. Baker reported Earl Barrett, the City's Real Estate Service Manager, has Real Estate credentials but not appraisal. Mr. Zimmet stated a governmental body may exempt purchases of $100,000 or less from the requirement for an appraisal. Mr. Zimmet expressed concerns if the estimated value should be based on the asking price or assessed value. It was requested that Mr. Zimmet draft language to address this issue. Consensus to amend this section to not require an independent appraisal for property valued less than $250,000; require one independent appraisal for property valued from $250,000 to $500,000; and two independent appraisals for properties valued at $500,000 or more. The Interim City Attorney is to develop language to address the definition of "value." Section 2.01. (d) 4 - require 2 separate votes for certain expenditures over $5 million. Ms. Deptula expressed concerns regarding the wording not accomplishing the Committee's intent. She noted the Charter Review Committee's intent was be make certain the public is aware of capital expenditures. Commissioner Thomas and Mayor Garvey felt there was no need for this addition. Commissioner Deegan noted while currently, expenditures of this size are on Commission agendas, they are not public hearings with advance notice. Commissioner Thomas questioned why $5 million was chosen as an amount. Mayor Garvey noted the Committee's report referenced non-budgeted expenditures. Consensus of the Commission was to change the recommendation to read, "Any non-budgeted expenditure in excess of $5 million must be approved by the commission in two separate sessions held at least two weeks apart and an advertised notice of a public hearing must be given at least five days prior to the second session." Section 2.01. (d) 6 (a) - clarify language, increase terms of leases on property not declared surplus to 5 years, removing referendum requirements for donation of property. Commissioner Thomas felt the same rules regarding the number of votes required to approve a property purchase should be the same as those required for a property sale. He noted if the Art Center were above the 28 foot level, the deal could be completed without a referendum. He expressed concerns that property declared surplus would go to the highest bidder. He felt the City should be free to develop property as it sees fit. The Mayor recommended the City Manager's team review this recommendation and consolidate it. Commissioner Deegan indicated he had no problem with the first half of the changes but felt a referendum should be required to give away property. Commissioner Thomas requested consensus for the first point. Ms. Deptula indicated the only substantive change was increasing the term of lease from three to five years. Consensus was to increase the maximum term for which a property could be leased without a declaration of surplus to five years, as recommended by the Charter Review Committee, but to retain the requirement for a referendum in order to give away property. Section 2.01. (d) 6 (b) - require 80% affirmative vote prior to conveyance of property in excess of $1 million. Commissioner Deegan stated his opposition to the 80% rule. He felt the minority would make the final decision. Commissioner Fitzgerald felt it appropriate to declare a need for a super majority when it involves the best interest of the City. Commissioner Deegan felt the government should be run by majority vote and not held up by a minority viewpoint. Commissioner Thomas indicated the government should be able to get out of deals by the same number of votes it got into them. Consensus was to delete this paragraph. Section 2.01. (d) 6 (c) - require property to be sold to a non-governmental entity be for highest competitive bid above appraised value. Commissioner Thomas expressed concerns regarding not being able to limit the sale of property to a specific purpose. The City Clerk reported the City declared property surplus for specific purposes when leasing it. The Interim City Attorney noted requirements in the existing Charter differ for leases and sales. Staff is not required to go out to bid for leases. The City Manager questioned if the City can include specific reasons for selling. Mr. Zimmet indicated the language could be expanded to include a requirement that the highest biller must be willing to meet the terms of declaration of surplus and include a reverter clause. Mayor Garvey suggested the reverter clause provide an opportunity for consideration of taking back the property but not a requirement that it be taken back. Mr. Zimmet agreed the language could provide that discretion. Commissioner Fitzgerald recommended retaining the language "above appraised value" for sale to a non-governmental entity. Commissioner Thomas felt because selling and leasing were the same, they should have the same rules. Mr. Zimmet noted a distinction between the two. Commissioner Thomas felt if property is leased for 20 years, the City essentially has lost control of it. Consensus was the Interim City Attorney would expand the language to allow sale of property for a specific purpose and include a reverter option for the City. "Above appraised value" is to be retained for sales to a non-governmental entity. Section 2.01. (d) 6 (d) - require 80% affirmative vote for transfer to governmental entity for less than appraised value. Consensus was to delete the requirement for a super majority. Section 2.01. (d) 6 (f) - clarify language for disposal of parkland. The City Manager reported this section defines the term "dispose of." Commissioner Thomas noted his concerns that this section would require a referendum to change the use of Lake Chatauqua, for example, from designated parkland to water recharge. Commissioner Berfield noted the property would still belong to the City and would not be effected by this provision. Consensus was to accept the Charter Review Committee's recommended language. Section 2.01. (d) 6 (g) - allow maximum 20 year leases for property declared surplus; renewal not precluded. Commissioner Thomas noted capital leases are for 30 years. Mayor Garvey recommended the maximum remain at 15 years with an option for renewal. Commissioner Thomas indicated bankers would hesitate to loan large sums if a developer was unable to recover the investment within 20 years. Commissioner Deegan noted, due to the 15 year lease limitation in the current Charter, the Chi Chi Rodriguez Youth Foundation was unable to qualify for a loan without a guaranteed lease from the City. He recommended increasing the time frame to 30 years. Mayor Garvey felt the City might as well sell the property rather than tie it up for 30 years. Commissioner Deegan agreed property should not be given away but noted longer leases provide a greater incentive to banks to loan money. Commissioner Thomas noted a major hotel planning a large development on the bluff, which the City does not wish to sell, would require a minimum of 30 years to recover their financial investment. Commissioner Berfield questioned why 30 years is a magic number. Commissioner Thomas stated large capital investments historically are capitalized over 30 years. Commissioner Fitzgerald recommended leases not exceed 20 years. He noted renewals could be permitted. Commissioner Thomas suggested leases remain at 15 years with the option for renewal. Commissioner Deegan questioned if that would be the lessee's option. Commissioner Thomas concurred. Commissioner Fitzgerald questioned if their option would be at the initial rate. Commissioner Thomas stated an increase could be negotiated at renewal. Commissioner Deegan said the City does not wish to sell property located in some areas. Mayor Garvey felt if property was to be leased for 45 years, it might as well be sold. Commissioner Deegan noted the City would still retain title. He stated the Commission is deciding what will appear before voters. Commissioner Berfield agreed with a 30 year limit for the time being. Consensus to allow 30 year leases, with renewal not being precluded. Section 2.01. (d) 6 (h) - require an 80% affirmative vote to lease industrial park property for up to 30 years. The Mayor questioned why the Charter differentiates between industrial park and real property. Commissioner Thomas recommended the document be simplified to deal with all real property. Commissioner Deegan noted leases greater than 30 years require a referendum. Commissioner Thomas preferred this language. Commissioner Deegan expressed concern with the wording included in this section. He agreed "g" and "h" could be combined. He requested the super majority requirement be deleted. Mr. Zimmet questioned if the Commission wished language for renewal to be included. Commissioner Deegan suggested the possibility of a renewal should be inserted. Commissioner Thomas recommended the section should say "private/public business purpose." Mr. Zimmet questioned if the two sections were combined, if renewals beyond 30 years would require a referendum. Commissioner Thomas noted the renewal would not be guaranteed. Commissioner Fitzgerald spoke in opposition of removing the super majority requirements from the current Charter. The Mayor agreed. Commissioner Deegan felt enough safeguards were already in place. Consensus was for the Interim City Attorney to combine Sections g & h; allowing the possibility of renewal of leases for up to 30 years; referencing "private/public business purposes" for industrial park property; requiring a referendum for leases longer than 30 years; and removing the requirement for a super majority. Mr. Zimmet requested he be allowed to incorporate a less confusing numbering system. The Commission agreed. The Commission recessed for lunch from 12:33 until 1:07 p.m. Section 2.03 - term limitations. Commissioner Deegan noted a grammatical error of including "no person" and "such person" in the same sentence. Mayor Garvey questioned if this section meant the Mayor cannot run for the City Commission. She spoke in opposition to term limits. Commissioner Thomas felt the City should follow the State Constitution and limit office holders to two four-year terms. He said this would permit someone to serve on the Commission for eight years, followed by eight years as Mayor. Mayor Garvey felt there was little difference between the office of Mayor and that of Commissioner. Commissioner Thomas said it takes a while to learn the job of Mayor. Commissioner Deegan did not agree with changing the length of term to four years as it would require the revision of the election schedule. He pointed out the way the amendment is written, one could bounce between the positions of Mayor and Commissioner with no term limitations. Commissioner Fitzgerald recommended allowing citizens to speak to this issue as recommended by the Charter Review Committee. Mayor Garvey felt if there were to be term limits, a person should be limited to a six year period, whether Mayor or Commissioner, followed by a required three year break. Consensus was to accept the Charter Review Committee's recommendations. Section 2.04 - Commission salary adjustments to be effective as of the date of the next election; expenses received pursuant to Florida Statutes. Commissioner Deegan questioned the inclusion of the line "pursuant to Florida Statues," when Commissioners are not reimbursed for travel within City limits. Mayor Garvey noted it was Commission policy not to pay for in City mileage, which contradicts the Charter. Commissioner Deegan recommended the City adopt the same compensation package as neighboring cities and provide Commissioners with car allowances. Mayor Garvey noted some Commissioners may do very little driving compared with others. Commissioner Deegan suggested the salary could be lowered and a car allowance added. The City Manager pointed out if Commissioners received a car allowance, they would be required to log their mileage. Commissioner Thomas questioned how Florida Statutes address this issue. Mr. Zimmet stated Chapter 112 outlines methods of approval of expenses. Commissioner Thomas felt City Commissioners should be responsible for expenses within the City but reimbursed for travel out of town. He suggested this be dealt with by ordinance because of problems associated with the State changing Statutes. Consensus was to remove the reference to Florida Statues. Section 2.05 - clarify that Vice-Mayor acts as Mayor during the temporary absence of the Mayor. The City Clerk reported another technical correction was needed to clarify when the Vice-Mayor was to be selected. Consensus was to accept the Charter Review Committee's recommendation and clarify that the election of Vice-Mayor occurs at the second night Commission meeting in April. Section 2.06. (c) - state that Commission members cannot hold other elective office during their Commission term. Commissioner Thomas questioned if this was not already covered by State Statutes. Mr. Zimmet stated this is covered by the State resign to run law. He explained a person resigning one elective office to run for another is permitted to serve until the day they would have taken office had they won. He stated the resignation is irrevocable. Consensus was to delete the recommended change. Commissioner Berfield questioned if there was a problem with City Commissioners being elected as officers of boards on which they serve at the behest of the City. It was indicated this section would not apply. Section 2.07. (b) 4 - forfeiture of office if absent for 33% of regular meetings. Commissioner Thomas indicated he agreed with the concept but not the amount. He noted Commissioners are now permitted to miss 25% of the meetings. Commissioner Deegan agreed 25% was adequate. Commissioner Berfield suggested the reason for the absence should be considered and questioned procedure should a Commissioner become ill. It was felt if a member were so ill that they missed a quarter of the meetings, it was time for them to step aside. Consensus was to change the percentage to 25. Section 2.07. (c) 1 - vacancy in Mayor's seat not filled by majority vote of remaining Commission members. Mayor Garvey questioned why the Mayor's position should be treated differently. Commissioner Thomas stated all five seats require the same level of commitment and should be covered by the same language. Mayor Garvey questioned if this was regulated by Florida Statutes. Mr. Zimmet indicated it was not. Consensus was to not make this change. Section 2.07. (c) 2 - require a special election if Commission fails to fill a vacancy within 30 days. Commissioner Deegan expressed concerns that based on the Commission's schedule, it may not be always possible to fill a seat within 30 days. He recommended the section provide 60 days. Commissioner Thomas questioned the time frame required to hold an election. The City Clerk reported a minimum of 16 weeks is required. Special elections cost between $17,000 and $20,000. Some minor advertising costs are immediate. Mr. Zimmet stated he had concerns regarding the proposed time frames in which a special election conflicts with State election laws. He suggested the removal of time frames and the section simply require an election be called. Consensus was to change the 30 days to 60 days and to remove the time frames for a special election. Mr. Zimmet stated, based on the above consensus, the wording in Sec. 2.07 (c) (1) that a vacancy "shall" be filled in 30 days needs to be changed to "should." Consensus was to do so. Commissioner Deegan noted a vacancy does not necessarily occur on the date a letter of resignation is presented. Section 2.07. (c) 3 - correct typographical error by changing "service" to "serve." Commissioner Thomas questioned the need for a special election to fill the remainder of a term when an election had been held to fill a vacancy in an unexpired term. Mr. Zimmet indicated this section refers only to those appointed by the City Commission. Consensus to leave as recommended by the Charter Review Committee. Section 2.07. (d) - require an election to fill vacancy in Mayoral seat. Consensus to delete this proposal due to not making the associated change in Sec. 2.07 (c) (1). Section 2.07. (f) - allow owners of property within City Limits to serve on advisory boards without requiring residency. Mayor Garvey and Commissioner Thomas stated only residents should serve on these boards. Commissioner Deegan noted the Equity Study Committee allowed non-residents who had businesses in the City. Mayor Garvey and Commissioner Thomas pointed out this is a task force, not an advisory board. Commissioner Deegan noted the difference between boards that serve an advisory versus regulatory purpose. He felt non-resident property owners were being disenfranchised by not allowing their service on boards. Commissioner Berfield indicated business owners may be more inclined to center their decisions on business concerns rather than community interest. Commissioner Deegan noted residents also must consider economic issues. Commissioner Thomas recalled business owners, many of whom did not live in the City, strongly objected to the sign ordinances. He felt the balance on this issue would have been tilted had business owners had more power. Commissioner Deegan reiterated his strong feelings about disenfranchising property owners. Consensus not to make this change. Section 2.07. (h) - advocate membership of advisory boards reflect the diversity of the community. Mayor Garvey agreed with the opinion but indicated it is not a Charter issue. Consensus to delete this proposal. Section 2.08. (a) - require written agendas 72 hours prior to regular meetings; provide that any Commissioner may call a special meeting. Mayor Garvey expressed concerns with including a 72 hour limitation in the Charter. Commissioner Deegan said he understood the Charter Review Committee's concerns but agreed this was a bylaw or procedural issue, not a Charter one. Consensus to delete the recommended language regarding agendas 72 hours prior to a meeting; agree with any Commissioner calling a special meeting. Section 2.08. (c) - clarify language regarding all action requiring affirmative vote of all Commission members. Mr. Zimmet indicated this was a housekeeping item and was acceptable. Consensus to accept the Charter Review Committee's recommendation. Section 3.02. (d) - delete requirement that designation of Acting City Manager be done by letter to the City Commission. Commissioner Deegan stated his preference of retaining this requirement. Mayor Garvey expressed concerns there may be a problem with publicly announcing who will be out of town. The City Manager stated she had no problem with the request. Consensus not to delete this requirement. Section 3.03. (h) - require the City Manager to annually provide a 3-year financial forecast. Commissioner Fitzgerald questioned if this should be included in the Charter. Mayor Garvey agreed with his concerns. Commissioner Berfield questioned if this was included in the City Manager's contract. Commissioner Deegan felt this should be included in the list of the City Manager's duties. Commissioner Fitzgerald felt the City Manager should be allowed the latitude to determine how to provide information about the financial state of the City. He felt the present 3-year forecast was good but suggested the City Manager may prefer to use another method. Commissioner Thomas indicated in the business community, a five year plan is common. He stated from the CEO's point of view, it is a waste of time. He felt the Charter already has enough detail regarding the City Manager's duties. Commissioner Deegan felt it would be useful to citizens. Commissioner Fitzgerald questioned if it was worth taking up ballot space. Mayor Garvey felt this was a management issue and did not need to be included here. Consensus not to include this in the Charter. Section 4.02 - add paralegal to the positions that make up the Legal Department. Ms. Deptula reported, technically, support personnel in the Legal Department are appointed by the City Manager. Mr. Zimmet indicated the language sounds as if the Assistant City Attorneys are appointed by the City Commission when they are simply authorized by the City Commission. In reply to a question regarding her ability to hire or fire support staff in the Legal Department, Ms. Deptula stated those employees are bound by Civil Service law. Commissioner Thomas recommended the City Attorney be given the authority to hire or fire that department's staff. Mr. Zimmet stated he would review these concerns and suggested the Civil Service laws may need to be amended. He noted some employees are covered by Civil Service laws, others by Communication Workers of America union regulations. Consensus the City Attorney should have total responsibility for employment of department personnel. This issue will be resolved at a future meeting. Consensus to change the second sentence to read, "The legal department shall consist of the city attorney, assistant city attorneys, and such paralegal, secretarial, stenographic and clerical personnel as the Commission may authorize." Section 4.03. (c) - delete requirement that designation of Acting City Attorney be done by letter to the City Commission. Consensus to not delete the requirement. Section 4.05 - salaries for attorneys (no recommendation from the Charter Review Committee). Commissioner Deegan noted this section addresses salaries of the City Attorney and special counsel but does not deal with the Assistant City Attorneys. He noted the SAMP plan for the Assistant City Attorneys was never officially approved. Consensus to add Assistant City Attorneys to the Section. Mr. Zimmet said he was not familiar with the SAMP plan. Commissioner Deegan indicated it was to establish a salary range for Assistant City Attorneys. Mr. Zimmet expressed concerns with including the word "fix." He felt the City Attorney should determine some of these rates. Consensus to change to read, "The commission shall provide for the compensation to be paid to the city attorney, assistant city attorneys, and special counsel." Section 4.06 - Create a position of City Auditor. Mayor Garvey spoke in opposition to this position. She felt this responsibility was part of the City Manager's job. Commissioner Thomas stated he did not wish to replace the City Manager's auditors. He noted national tenure rate for City Managers averages three to five years. He indicated the need to prevent the Commission from being left in the dark by the City Manager or City Attorney. He expressed concerns that new Commissioners might not be fully informed. He recalled when he first sat on the Commission and tried to find records he had been advised the City Manager had buried, he was blocked from learning anything. He indicated the need to have the means to prevent the corruption of power. He reiterated his wish not to redo the auditing position. He stated he now needs approval from the City Attorney or City Manager to talk to subordinates. Commissioner Fitzgerald spoke against establishing a new bureaucracy in the City. He believes it would take more than just one person to staff the function and the department could grow large. He requested comments from the City Manager as this will directly impact her. He indicated this would provide a duplication of services and cost more money. He felt this could be used as a weapon by the City Commission to deal with things outside their venue. He questioned expanding the supervisory responsibilities of the City Commission, a policy making board. The City Manager expressed great concerns regarding this position. She noted a position description forwarded by Commissioner Deegan is almost all under the purview of the City Manager. She agreed a few of the duties could be handled by an independent person, but felt these were included in the duties of City Manager. She noted the City Commission already has the ability to ask questions and perform investigations. Ms. Deptula expressed concerns that problems could occur if this position's duties are not clearly defined. She noted difficulties department heads might also face. The City Manager noted the right person can be an asset; the wrong one a detriment. Commissioner Thomas agreed. Commissioner Deegan stated his memorandum on this subject explained what he wanted to achieve. The job description he attached reported to both the CEO and Board of Directors of a corporation. He noted the similarities between a City Manager and a CEO and a City Commission and a Board of Directors. He opposed a City Auditor functioning as a Internal Affairs department. Under his proposal, the City Manager would hire the person who would report to both the City Commission and the City Manager. He stated there is already a position slotted for a third audit staff member. Ms. Deptula replied that position would only be filled if the City Auditor was not approved. Commissioner Thomas felt this would still not solve the problem of how to deal with a situation if the City Manager and City Attorney were in collusion on an issue. Commissioner Deegan said if the Commission approves this position, they would not have to ask permission to look at something. Commissioner Thomas questioned if the City Manager could fire this person. Commissioner Deegan indicated the person would have dual reporting responsibilities. Ms. Deptula questioned if a single Commissioner could call this person and request an investigation. Commissioner Deegan indicated it was a mistaken notion that City Managers' tenures are less than five to eight years. He noted City Commissioners are permitted to speak to staff and request information. City Commissioners are only prohibited from providing direction to staff members. Commissioner Thomas questioned the procedure should he want to investigate something. Commissioner Deegan indicated it would be brought up before the City Commission. Commissioner Thomas noted this might provoke embarrassment if facts cannot be verified first. Commissioner Deegan recommended Commissioners adhere to the eight hour rule. He felt it was important the City Manager be comfortable with this decision. The City Manager expressed concerns that this position was of a higher professional level than she had envisioned as the third person in Internal Audit. She noted a highly qualified person is already on staff. She questioned if the City Auditor could be fired without the consent of the City Manager. Ms. Deptula questioned if this needs to be included in the City Charter. Commissioner Deegan stated the Charter states the constitutional position. Ms. Deptula expressed concerns that a Commissioner could launch an eight hour investigation if that Commissioner thought the City Manager was in cahoots with someone. She expressed her need to know what is going on and felt that secrecy can harm the organization. Commissioner Thomas noted the great deal of upheaval during the past 18 months and expressed his wish to maintain long term stability. Ms. Deptula agreed this has worked in some cities. Commissioner Deegan stated more can be learned as the program is implemented. Commissioner Thomas said he could accept the compromise brought forward by Commissioner Deegan. Consensus was for Commissioner Deegan to work with the Interim City Attorney and City Manager to develop language to include a City Auditor that would report to the City Commission and City Manager. Section 6.05. (d) - increase the time frame for filing referendum petitions to 90 days. In answer to a question, the City Clerk explained this section refers only to those challenging a specific ordinance. Consensus to accept this section as recommended by the Charter Review Committee. Section 7.01. (b) 1 - increase the time frame for holding special election for Charter amendments as a result of initiation petition to 150 days. Consensus to accept this section as recommended by the Charter Review Committee. Section 8.06 - establish procedures for candidate vacancies. Mr. Zimmet reported Florida Statutes require municipalities adopt an ordinance to set procedure should a candidate need to be removed from a ballot. Mayor Garvey questioned if the qualifying period could be extended. The City Clerk reported the qualifying period is now at its limit. Commissioner Deegan recommended the words "the winner" be replaced by "elected." Consensus to accept this section as recommended by the Charter Review Committee except the last sentence to read, "If the election guidelines cannot be met, then the remaining candidate shall be declared elected." Section 9.02 - require voter approval for bonds, notes, and other forms of indebtedness. Ms. Deptula questioned if the City can mortgage property. Mr. Zimmet indicated it cannot. Commissioner Thomas felt the existing language of Article IX should be maintained but increase the limit from $1 million to $5 million. Consensus to retain existing Article IX, changing $1 million to $5 million. Section 9.03 - require voter approval for capital projects of more than $10 million to be funded by other than ad valorem taxes. Consensus to delete because retaining existing Article IX. Section 10.05 (a) - term limits not to be retroactive. Consensus to accept this section as recommended by the Charter Review Committee. Mr. Zimmet recommended dividing the Charter amendment ballot questions into the following categories: 1) Term limits with effective dates; 2) Real Property; 3) Purchasing Authority; 4) General Accounting Office; and 5) Housekeeping. Commissioner Fitzgerald expressed concerns about dividing the questions between March and November ballots. Commissioner Berfield agreed. Mr. Zimmet reported questions are limited to 75 words. He stated he would bring proposed ballot wording to the August 29, 1994, meeting for discussion. The Commission recessed from 3:32 until 3:43 p.m. ITEM: Severance pay for M. A. Galbraith, Jr. The City Manager indicated a letter she received from M. A. Galbraith, Jr. requested severance pay of $26,664 plus a contribution of $1,006 to his ICMA retirement account. The Mayor asked for the Interim City Attorney's opinion. Commissioner Berfield noted if the City did not pay severance there was the possibility of a lawsuit. She questioned if the Commission could recess for a Closed Door Session. Mr. Zimmet indicated the Commission can only meet in a Closed Door Session when the City is actually in litigation. Commissioner Berfield noted Mr. Zimmet's memorandum indicated the City did not violate Mr. Galbraith's contract. Mr. Zimmet reported he reviewed the contract as did Ms. Crumbley, City Labor Counsel. They agree the four acts that would trigger severance pay did not occur and severance pay is not required. Commissioner Thomas moved to deny severance pay to M. A. Galbraith, Jr. per the terms of his contract. The motion was duly seconded and carried unanimously. ITEM: Opinion re transfer of property from Community Redevelopment Agency to City George Kelly has written a letter indicating the Community Redevelopment Agency (CRA) cannot transfer property to the City without approval of all taxing authorities in Pinellas County. The Interim City Attorney indicated Mr. Kelly is incorrect. Mr. Zimmet reported he spoke with Assistant County Attorney Jim Bennett who confirmed Mr. Zimmet's opinion. The only other taxing entity involved would be Pinellas County, if approval was necessary. It is not. Mr. Zimmet indicated Pinellas County's approval would be required only if the CRA was using its own funds to build a City Hall. The City's Bond Counsel Bob Reid, agrees. ITEM #5 - Approval of Minutes Commissioner Fitzgerald moved to approve the minutes of the regular meeting of August 1, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #6 - Presentations a) Tampa Bay Partnership Pinellas Phil Henderson, President of the Clearwater Chamber of Commerce, stated they are members of Tampa Bay Partnership Pinellas (TBP). Jack Critchfield, chair of TBP, noted not enough jobs have been created for citizens. He reported TBP is a public/private effort to pool the resources of six counties to attract job relocations. He said they believe they have the formula to involve private organizations. The stated St. Petersburg, Tampa, and some counties have contributed to the Partnership. Dr. Critchfield introduced Stuart Rogel, Executive Director, and reported they have 80 suspects, 44 prospects, a 2 live projects in the works. He hoped Mr. Rogel would have the opportunity to meet with each Commissioner and speak about joining the TBP. Dr. Critchfield requested the City join the Partnership whose mission does not interfere with the Chamber's or City's efforts but is designed to work in conjunction with them. The Mayor hoped the Commission would consider being a part of the organization. Dr. Critchfield requested a donation of $20,000 to allow City participation on the organization's board. Commissioner Berfield questioned if the organization was governed by the Sunshine Law. Dr. Critchfield indicated it was not. Mayor Garvey stated this request would be discussed during the budget process. ITEM #7 - Citizens to be heard re items not on the Agenda Rosie Peterman-Jackson of the Clearwater Merchant Association (CMA) stated she had met with the City Manager and Alan Ferri, Director of Economic Development, and discussed the organizational needs of the CMA. CMA did not meet the deadlines of the Community Development Block Grant (CDBG) process and she requested funding assistance of $15,000 a year for three years to hire a part-time person to run the program. Ms. Peterman-Jackson reported this business association targeted the N Greenwood area. She indicated they have developed an annual program and newsletter. The City Manager noted she had described this program to the Commission at the Budget Meeting held August 11, 1994. Commissioner Thomas expressed concerns regarding the entire issue. He felt the CMA's name change from the Greenwood Merchants Association implied they were a City-wide organization when their focus was on N Greenwood. Ms. Peterman-Jackson stated the name change was initiated due to its similarity with the Greenwood Neighborhood Association. She agreed Greenwood is presently the target area but said the association wants to work with businesses throughout the City. The Mayor expressed concerns regarding supporting the organization when there is no program in place and only 23 members. Ms. Peterman-Jackson replied they plan to add members and are developing a plan to develop job opportunities. Commissioner Deegan questioned if the organization had experience funding a business CDC. Ms. Peterman-Jackson indicated they were not planning to be a commercial development organization and were dropping that part of their proposal. She noted Mr. Ferri had stated he was working to put together a CDC. Commissioner Deegan noted the Community Redevelopment Association (CRA) has filed papers to qualify as a CDC and reported the Clearwater Neighborhood Housing Service (CNHS) is a CDC. He noted the significant amount of money directed to the area through CDBG funding. Commissioner Deegan felt this program represented duplication and questioned if the CMA has communicated with other neighbor organizations. Ms. Peterman-Jackson reported she has talked with Isay Gulle, Clearwater Neighborhood Housing Services (CNHS), and noted their work with banks on the facade improvement program. The Mayor stated she was uncomfortable with the application and not ready to commit. Commissioner Deegan suggested the CMA investigate ways to work with the CNHS and Alan Ferri. Commissioner Thomas concurred. Commissioner Deegan noted the Commission was waiting for the City Manager to bring back recommendations regarding the social services funding discussed at the August 11, 1994, Budget Meeting. Ms. Peterman-Jackson requested representation on the Affordable Housing Task Force Loan Committee regarding commercial revitalization. CITY MANAGER REPORTS CONSENT AGENDA (Items #8-24) - Approved as submitted less Items 10, 13, 19, and 23. ITEM #8 - No item. ITEM #9 - Contract for Unisys A-4 & A-6 computer software licenses to Unisys Corp., Tampa, FL, for the period 10/01/94- 09/30/95, for $41,936 (AS) ITEM #10 - See page 20. ITEM #11 - Contract for purchase/install approximately 1,870 square yards of carpeting to Hospitality Design Associates, Inc., Clearwater, FL, for the East and Beach Branch Libraries, for $42,858 (LIB) ITEM #12 - Contract, including alternate #2, for alterations to Wood Valley Recreation Center to Oakhurst Construction Co., Inc., for $48,636.88 (PR) ITEM #13 - See page 20. ITEM #14 - Contract for Glenwood Subdivision Road and Drainage replacement and Cleveland Street turnaround to R. E. Purcell Construction Co., Inc., Odessa, FL, for $221,252.02 (PW) ITEM #15 - No item. ITEM #16 - Receipt/Referral - LDCA re setbacks (LDCA 94-19)(CP) ITEM #17 - Receipt/Referral - LDCA re Site Lighting (LDCA 94-18)(CP) ITEM #18 - Receipt/Referral - LDCA re setbacks from wetlands (LDCA 94-21)(CP) ITEM #19 - See page 21. ITEM #20 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low and RPD-E Zoning for property located at 1700 El Trinidad Dr., Virginia Groves Terrace, Blk 2, Lot 1, 0.22 acres m.o.l. (Mumford Investments, Ltd., A94-19, LUP94-22)(CP) ITEM #21 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban and RS-8 Zoning for property located at 375 Hampton Rd., Sec. 17-29-16, M&B 13.06, 0.57 acres m.o.l. (City, A94-18, LUP94-21)(CP) ITEM #22 - Sanitary sewer lien agreement - W 100 feet of Lot 7, Blk 1, Virginia Grove Terrace, 1727 El Trinidad Drive (Wieland)(CA) ITEM #23 - See page 21. ITEM #24 - Ratify/Confirm continuation of construction inspection services by CDM for the New Pier 60 project up to the final completion date of 06/13/94 for $21,250 (PW) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 10, 13, 19, and 23 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #10 - Contract for 2,400 hours of security guard services to National Building Maintenance, Inc. of Florida, for the period 08/16/94- 08/15/95, at an estimated $15,840 (LIB) National Building Maintenance, Inc. has provided security guard services for the Main Library for the past three years. On the four bids received, National Building Maintenance, Inc provided the most responsive bid at $6.60 per hour, a rate that has not changed since 1991. The uniformed guard patrols the interior and exterior of the library for a total of 2,400 hours annually. This initial contract period, commencing August 16, 1994, shall be for one year and may be extended two additional one-year periods upon mutual consent of the contractor and the City. Contract hourly rates may be adjusted upon renewal in an amount not to exceed the latest twelve months change in the Consumer Price Index for All Goods. For each renewal, the vendor must request the change in writing. Commissioner Deegan requested information regarding the service the company has provided. Ms. Rice indicated staff and library patrons are pleased with the service. Commissioner Deegan questioned if the level of service being requested was adequate. Ms. Rice will review. Commissioner Deegan moved to award the contract for 2,400 hours of security guard services to National Building Maintenance. The motion was duly seconded and carried unanimously. ITEM #13 - Contract for Coronado Dr. & S. Gulfview Blvd. intersection improvement and Mandalay Ave. Sidewalk replacement - Phase 3 to Castco Construction, Inc., Largo, FL, for $106,773; approve transfer of $22,310 from unappropriated retained earnings of Marina Fund into CIP 93480 (PW) This contract is for proposed improvement work to roadways and sidewalks at three locations on Clearwater Beach: 1) Improvement to the intersection of Coronado Drive and South Gulfview Blvd to realign the intersection will eliminate low volume vehicular turning movements and improve overall vehicle capacity and pedestrian safety; 2) Replacement of the sidewalk at the westerly end of the City Marina adjacent to Coronado Drive will match previous sidewalk replacements at the City Marina and along the east side of Mandalay Ave; and 3) Replacement of the sidewalk along the west side of Mandalay Ave. from Papaya to Baymont will be done in the same fashion as the two previous sidewalk replacement phases along the east side of Mandalay Avenue. Mayor Garvey questioned how this would correlate to the Pier 60 design. It was indicated this project is further to the south and would continue the sidewalk treatment begun on Mandalay Avenue. Commissioner Berfield moved to approve the contract for Coronado Dr. & S. Gulfview Blvd. intersection improvement and Mandalay Ave. Sidewalk replacement - Phase 3 to Castco Construction and approve transfer of $22,310 from unappropriated retained earnings of Marina Fund into CIP 93480. The motion was duly seconded and carried unanimously. ITEM #19 - Receipt/Referral - LDCA re Refuse and Recycling Container location and enclosure standards (LDCA 94-20)(CP) This code amendment was prepared to provide location and enclosure standards for refuse and recycling containers for multiple family residential uses and nonresidential uses, except for 90 gallon roll-out carts. Commissioner Deegan questioned the purpose of this amendment and how many refuse containers are non conforming. He noted some Downtown areas would have difficulty meeting restrictions. Scott Shuford, Central Permitting Director, indicated in recognition of difficulties those in developed areas may have complying with the requirements, the Solid Waste Director can make exceptions. Commissioner Deegan questioned what the problem was. Mr. Shuford explained the appearance of dumpsters close to the right-of-way is contrary to the image of "Sparkling Clearwater." Mayor Garvey questioned if it is a significant problem. Mr. Shuford stated the information he has received indicates it is. Commissioner Deegan moved to Receive the Land Development Code Amendment and refer it to the City Clerk for advertising of public hearing. The motion was duly seconded and carried unanimously. ITEM #23 - Humane Society Agreement (CA) This agreement provides that the Humane Society of North Pinellas, Inc. will pick up injured animals, accept animals, shelter animals, investigate complaints regarding animal abuse, and dispose of animals for the City. The City shall pay $6,500 for the one year contract effective October 1, 1994. Commissioner Deegan expressed concern regarding the care of the animals. Commissioner Fitzgerald stated, from personal experience, he has found the shelter to be very compassionate with the animals, holding longer than two years in an effort to find them a family. Commissioner Deegan moved to approve the agreement with the Humane Society of North Pinellas. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #25 - Res. #94-56 - authorizes execution of an addendum to interlocal agreement approving the re-admission of Pinellas County into membership in the First Florida Governmental Financing Commission (AS) On June 18, 1987, the City Commission authorized the execution of an interlocal agreement with other cities and counties to create the First Florida Governmental Financing Commission (FFGFC) to establish a pooled financing program with a limited number of local governmental units with similar credit worthiness and high investment grade ratings to provide financing at lower interest costs. Clearwater's approximately $3 million of pool loans outstanding with FFGFC will be paid in full on July 1, 1997. This 1987 interlocal agreement requires the City to approve the admission of other governmental units desiring to join FFGFC. Resolution 94-37, approved by the City Commission on June 14, 1994, approved the addition of the City of Hollywood, FL and the removal of Pinellas and Manatee counties from FFGFC. Pinellas County's decision to rejoin FFGFC requires the approval of each member's governing body prior to their re-admission. Commissioner Fitzgerald moved to approve readmitting Pinellas County to the FFGFC. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Resolution #94-56 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-56 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #26 - Other Pending Matters a) Contractor for Municipal Services Complex On August 5, 1994, bids were opened to award a contract for a general contractor for the Municipal Services Complex project. Three were classified incomplete because of their failure to supply prices for significant items of work. If the Commission approves the contract with the low bidder, Creative Beers will oversee the construction. The City is the owner and overall authority and Rowe Architects will manage the project design. After completion of the pre-construction phase and prior to the commencement of construction, Creative Beers will provide a guaranteed maximum price. Other work Creative Beers is contracted to perform is listed in their agreement. Awarding this contract now will permit construction to commence on October 18, 1994. Stewart Donnell recommended the contract for $1,394,356 be awarded to Creative Beers Construction. He noted if the Police Department Complex is removed, their alternate bid is still lowest. Commissioner Fitzgerald stated he had trouble understanding the relationship of the general contractor's contract and the one the City has with Donnell Rowe for $1.5 million to oversee the project. He indicated this contract for $1.3 million is for a contract to supervise construction. He thought that is what Donnell Rowe had been contracted to do. He noted the City's commitment to spend $2.8 million and nothing has been built. Mr. Donnell stated there was no duplication of efforts. Donnell Rowe was responsible for the building's architectural design and the structural, mechanical, and electrical engineering requirements. The general contractor provides none of those services. They construct the building as designed. Donnell Rowe will be managing the project and overseeing it for the City to make sure Creative Beers performs according to their contract. He reiterated there are no duplications. Ms. Deptula indicated the Commission is viewing little pieces ahead of time. She noted the City is getting the general contractor on board early in the process. Commissioner Berfield questioned if these two contracts were included in the complex's $15 million estimate. Mr. Donnell indicated the general contractor's cost is included in that sum. The Rowe Donnell contract is not. Commissioner Deegan questioned the background of Beers. Mr. Donnell reported Beers' headquarters are in Atlanta and they have a local office in Tampa. Commissioner Thomas expressed concerns regarding the closeness of the bids. He questioned if it would legal to request the top two bidders to compete. Mr. Donnell replied if they both pre-qualified, normal business ethics dictate that the lowest bid be accepted. Commissioner Thomas questioned if the City has the right to review both firms. He indicated he did not know Beers or HCB, the 2nd place candidate. The City Manager stated once firms are pre-qualified, the City is pretty much bound to the low bid. Commissioner Deegan indicated the Commission was unfamiliar with Beers' history and questioned their relationship with Creative Contractors, a Clearwater firm. He noted the Commission is awarding a large contract and must be comfortable. David Thomas, Vice President of Marketing for Beers in Tampa, reported Beers is one of the largest general contractors in the Southeast and has been in Atlanta for 100 years. They have been back in Florida for five years. Beers has had experience with the $25 million addition to the Mayo Clinic in Jacksonville, the $44 million 100 N Tampa office building, the $30 million addition to Bayfront Medical Center as well as contracts with the University of Florida, the University of South Florida, and an office building for Disney. In Atlanta they built the Georgia Dome and Olympic Stadium. Mr. Thomas stated Beers contracts $400 million a year, half in medical buildings. He reported they have never been in litigation. Their safety record is in the top 5% of the country. He said Beers has worked with Creative Contractors for more than two years and intends to do more work with them. Commissioner Thomas questioned how many projects listed include a working partner. Mr. Thomas indicated half of their projects include a partner. Commissioner Thomas questioned the reason they use partners. Mr. Thomas indicated it varied from project to project. He noted the advantage of a local commitment. He said they have a partner every time they bid a project in the public sector. Commissioner Thomas questioned if they use a local partner for political reasons. Mr. Thomas disagreed and stated it is their belief their bid is stronger with a local partnership. Mayor Garvey questioned what Creative brought to the table. Mr. Thomas indicated they had knowledge of the local sub contractor market and can better help set a competitive price. He noted, in the construction business, it takes a long time to develop relationships. The Mayor questioned if the City needs to challenge why they are partners. Commissioner Thomas indicated the bids were so close, he wanted to look more deeply into the issue. Mr. Thomas stated Beers wished to build their business slowly and carefully. He felt they could do business with Creative for the long term. He said they could do a better job together than separately by bringing together the best of a regional and local company. Commissioner Thomas questioned how the Commission would know that Clearwater would have the best people from both firms on the job. Mr. Thomas agreed the Commission had the right to be concerned. He indicated his company lives and dies by their reputation. Commissioner Berfield questioned if it was Mr. Donnell's responsibility to see that the job is done correctly. Mr. Thomas agreed. Mr. Baker addressed Commissioner Thomas's concerns. He said staff has identified all of the players. Jay Fortune, with Beers, has been identified as the Project Manager. He indicated all eight bidders have good strong teams. He stated legally, the City can award the contract to someone other than the low bidder, but if the firms are first pre-qualified, the City would honor a $1 difference between bids unless there were compelling reasons not to. He indicated the City's reputation would be at stake. Commissioner Berfield recommended the Commission look on this contract favorably as Creative Contractor's reputation will also rest on this project. Commissioner Thomas questioned in how many projects Creative is involved. Alan Bomstein, President of Creative, indicated his company is presently committed to 12 active projects valued between $200,000 and $6 million. Commissioner Thomas questioned if that included the nursing home construction at Morton Plant Hospital. Mr. Bomstein indicated it did. Commissioner Thomas questioned who would be involved with the City's project. Mr. Bomstein indicated his company has been involved in four other joint projects. He stated Creative's superintendent would be Willie Crewl, his most senior employee. He indicated the Field Engineer works for Beers. He stated he would be one of the Project executives and Frank Froelich of Beers would be the other. Commissioner Thomas requested staff monitor the project to assure the individuals involved remain the same. Commissioner Thomas moved to award a contract for General Contractor of the Municipal Center Project to Creative Beers for a total of $1,394,356 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Fitzgerald indicated he would vote against the motion because he is opposed to the project, not to the recommended contractor. Upon the vote being taken, Commissioners Berfield, Deegan, and Thomas and Mayor Garvey voted "Aye," Commissioner Fitzgerald voted "Nay." Motion carried. CITY ATTORNEY REPORTS ITEM #27 - Resolutions a) Res. #94-67 - Amending Rule 5(1) & 12 of commission rules The Assistant City Attorney presented Resolution #94-67 and read it by title only. Consensus was to insert "30" as the maximum number of days a Commission member may request an item be continued. Commissioner Deegan expressed concern regarding the provision for a citizen to request an item be agendaed. He believed the process needed to be uniformly understood whether this request was to be made to staff or the Commission. Consensus of the Commission was to amend the resolution to provide that a citizen may request a Commissioner to agenda an item. Commissioner Berfield moved to pass and adopt Resolution #94-67 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #28 - Other City Attorney Items a) (Cont'd from 08/04/94) Res. #94-69 - determining the necessity to construct improvements, repairs to and rehabilitation of the East Plant Interceptor Sewer Line, authorizing and directing condemnation of the necessary property - No action necessary ITEM #29 - City Manager Verbal Reports a) Direction re 09/12/94 meeting Commissioner Fitzgerald indicated he should be able to leave the Tampa Bay Regional Planning Council meeting in time to attend a 1:00 o'clock City Commission meeting on September 12, 1994. Consensus to make no changes regarding this scheduled meeting. ITEM #30 - Commission Discussion Items - None. ITEM #31 - Other Commission Action a) City Attorney short list Commissioner Thomas requested the Commission, the City Manager, and Interim City Attorney indicate their first and second choices. Commissioner Deegan: Carl Kern, first - Robert Guthrie, second; Commissioner Fitzgerald: Pamela Akin, first - Carl Kern, second; Mayor Garvey: Pamela Akin - Carl Kern, tie; Commissioner Thomas: Pamela Akin, first - Carl Kern, second; and Commissioner Berfield: Carl Kern, first - Pamela Akin, second, either/or. Commissioner Fitzgerald indicated all five candidate were qualified. Ms. Deptula stated Pamela Akin first and Carl Kern second. Commissioner Thomas stated his preference for Pamela Akin was based on her experience as a City Attorney and her capability of "hitting the deck running." Mayor Garvey noted Carl Kern and Pamela Akin were the preferred choices and questioned what step should be next. Commissioner Thomas indicated he had interviewed the candidates twice and his wish that Ms. Akin be hired. Commissioner Deegan indicated his preference for Carl Kern was based on questions he had asked to determine each candidate's ability to deal with the major points included in the Hildebrandt report. He noted Mr. Kern's experience as a department manager and his approach to measuring staff productivity. He indicated dissatisfaction with Ms. Akin's assertion the City needs three more attorneys. He felt this to be premature as Ms. Akin has no actual experience to base that assertion. Commissioner Fitzgerald questioned if the role of the City Attorney should be that of an attorney or office administrator. He felt Ms. Akin's experience in Tampa would be valuable to Clearwater. He agreed Mr. Kern compared favorably with Ms. Akin but felt Ms. Akin has been operating as a City Attorney and has demonstrated ability managing a larger office. He said her legal background is more suited to the City's needs. He felt the balance should fall on legal experience. The Mayor said she understood Commissioner Deegan's concerns. She agreed Mr. Kern is strong administratively but felt Akin's attorney experience made her a preferable choice. Commissioner Thomas indicated Ms. Akin has had a great deal of experience in Tampa regarding rejuvenation projects in many areas such as sports, marine, waterfront, etc., that impact Clearwater. Commissioner Berfield felt both were well qualified. She spoke in agreement with Commissioner Deegan's observation of Ms. Akin's comments regarding a need for increased staff but noted Mr. Kern's lack of experience in revitalization projects. Commissioner Thomas moved to appoint Ms. Akin as City Attorney. The motion was duly seconded. Commissioner Deegan expressed concerns regarding the assessment exercise. He noted the importance of the management aspect of the Department. He felt although Ms. Akin was qualified, she did not place as high in the three parts of the Assessment Center. Commissioner Thomas noted her overall Assessment Center score was number one. Ms. Deptula noted when the scores were averaged, Ms. Akin had the highest average while Mr. Kern consistently had higher scores. Ms. Deptula indicated she was impressed with Ms. Akin's ability to work with departments at all levels as well as her ability to deal with a divergent Commission. She stated either candidate would be a fine addition to the City but Ms. Akin's legal abilities are superior. Commissioner Berfield questioned Mr. Zimmet's opinion. Mr. Zimmet stated he did not interview any of the candidates nor see the results of the Assessment Center exercise. He only reviewed the candidate's resumes. He agreed Ms. Akin had the most experience as a City Attorney and met most of the established criteria. He stated they had rated Mr. Kern and Mr. Guthrie next. He noted he had personal knowledge of Ms. Akin but did not have any of the others. Mayor Garvey noted it takes a super majority to hire a City Attorney. Commissioner Deegan said a 4-1 vote was not required to start negotiations. Commissioner Thomas amended his motion to appoint and hire Pamela Akin as City Attorney under the conditions established by the Commission. The seconder agreed. Upon the vote being taken, the motion carried unanimously. Commissioner Thomas questioned what compensation plan would be offered. Commissioner Deegan recommended establishing a salary ceiling. Commissioner Thomas noted Ms. Akin's current salary is $90,000. Commissioner Deegan felt the City Attorney's wages should not be greater than the City Manager's $80,000 salary. The Mayor felt $80,000 should be the minimum offer. Commissioner Deegan suggested $85,000 should be the maximum and reiterated his desire not to pay the City Attorney more than the City Manager. Commissioner Thomas noted the City Manager qualifies for a bonus and the City Attorney does not. Commissioner Deegan recommended negotiations begin with an $80,000 offer. Ms. Deptula indicated the ICMA contribution was an additional 6%. A three month severance package was recommended as well as normal mileage compensation in lieu of a car allowance. Commissioner Deegan recommended the normal vacation extended to SAMP employees be offered. Ms. Deptula indicated she has started modifying the sick leave policy for top level personnel to 10 days a year. Mr. Zimmet questioned when the Commission wanted the new City Attorney to begin. The City Commissioners indicated immediately. Consensus was to offer a base salary of $80,000, 6% ICMA contribution, and a normal SAMP benefits package. Commissioner Berfield questioned if the Commission would have the opportunity to review the contract prior to negotiations. Mr. Zimmet indicated the new contract is not based on Mr. Galbraith's. Commissioner Berfield questioned if Mr. Baldwin's request for recognition of his design of the Tower proposed for the beach had been acknowledged. Mr. Baker indicated this had been done. Mayor Garvey questioned if the periodic reports regarding the amortization status of signs could be placed in the read file, rather than copied to each Commissioner. The Commissioners indicated they each wanted copies of these reports. Other items will be monitored for possible placement in the read file. Commissioner Fitzgerald questioned if the Assistant City Manager's response regarding signs on bus shelters addressed Commissioner Deegan's concerns. Commissioner Deegan indicated the response indicated it was a matter of policy, not code, to prohibit such signs. It was indicated some believed it was in the code. Staff will confirm this. Commissioner Fitzgerald reported the Tampa Bay Regional Planning Council (TBRPC) has requested immigration authorities to address it at its next meeting regarding concerns of a possible influx of Cuban and Haitian refugees. ITEM #32 - Adjournment The meeting adjourned at 5:23 p.m.