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11/29/1994 CITY COMMISSION MEETING November 29, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Tuesday, November 29, 1994 at 9:16 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 Pamela K. Akin City Attorney 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. The Commission recessed to meet as Pension Trustees from 9:25 to 9:27 a.m. ITEM #4 - Approval of Minutes Commissioner Thomas moved to approve the minutes of the regular meeting of November 14, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Presentations a) Board of Adjustment & Appeal - Building/Flood (BAABF) - Annual Report John Logan, Chair, stated the BAABF's five Board members are from the construction industry. The Board meets monthly, on the third Wednesday of each month when they have cases. He reported last year the Board heard 18 requests for variances due to the unsafe building abatement program. He indicated the Board has not had many applications for variances from flood regulations. He noted he has served the Board for approximately thirty years. The Mayor noted appointments to this Board are made by the City Manager. The Mayor thanked the Board for their service. b) Greater Tampa Bay Marine Advisory Council Physical Oceanographic Real-Time System (PORTS) is an information acquisition and dissemination technology developed by the National Ocean Service (NOS). The first permanent, fully-integrated, operational PORTS was deployed in Tampa Bay during 1990 and 1991. The system is managed, operated and maintained by the Greater Tampa Bay Marine Advisory Council (GTBMAC) - PORTS under a cooperative agreement with NOS. Tampa Bay PORTS includes the integration of real-time current, water level, wind and water temperature at multiple locations with a data dissemination system accessible by telephone or modem. PORTS is a public information system that provides real-time free information to the general public 24 hours per day; essential information for safe and cost-effective navigation, search and rescue, hazardous material and oil spill prevention and response, and scientific research. The system is supported by local maritime users, the Hillsborough County Commission through the Phosphate Severance Tax Fund, the State through the Coast Protection Trust Fund and the Port authorities. PORTS wishes to expand their reporting sites to include Clearwater Beach at Pier 60 at no cost to the City. PORTS requests the City allow Tampa Bay PORTS and the National Ocean Service/NOAA access to the pier and provide space for the equipment. J. Lee Chapin, Director of GTBMAC - PORTS, said Ports is a system that provides real time information to the public and shipping industry. He noted tide tables for Tampa Bay prior to PORTS were inaccurate. The system was installed in several locations to measure a series of conditions at any one time. This is the only system like this in existence although others are being developed. A preliminary report on PORTS oil spill trajectory modeling during the August 10, 1993 oil spill in Tampa Bay was distributed. A weakness in the system was noted when the oil moved out of the bay and away from PORTS sensors. The report's conclusion recommends expansion of PORTS reporting sights to include wind and current monitoring in the Gulf of Mexico near Tampa Bay. Clearwater Beach is the logical place for a near shore monitoring site. Mr. Chapin said the National Weather Service feels it would be advantageous for their forecasting ability to have real-time data. PORTS would like to provide more coverage for the beach area. Mr. Chapin suggested the best site for the equipment would be the Pier 60. He noted a data collection site had been on the pier for many years but was removed during renovations. He said the technology previously used has been greatly improved and miniaturized so it is possible now to "hide" newer equipment. He said he would like to get an agreement with NOAA and the City to provide PORTS space to install and access the equipment on the pier. The Mayor questioned the City Manager's opinion on this request. City Manager Elizabeth Deptula said staff wanted to know the Commission's direction before doing further research and drawing up a contract. Commissioner Thomas referred to the two sites under consideration on Pier 60 and noted the preferred Site #1 at the end of the pier would be more obtrusive than Site #2 by the concession stand in the middle of the pier. He questioned the degradation of data collection if Site #2 is used. Mr. Chapin said Site #2 is close to the sand bar which can cause noise in the tidal signal when waves build up. Site #1 would have less signal interference. Commissioner Thomas questioned the degree of degradation. Mr. Chapin said the tidal signal would be degraded and the signal would not be as good. Commissioner Thomas questioned if the tower could be located at Site #2 and the equipment on the pilings at Site #1. The Mayor suggested not getting into construction details at this time and questioned if the Commission supports the concept. Commissioner Thomas said he would support it if it does not destroy the beauty of the pier. Mr. Chapin said the equipment can be separated between the two sites. He requested permission to work out these details with staff. Consensus was for staff to work with Mr. Chapin to provide PORTS space to install and access their data collection equipment on Pier 60. c) Countryside Recreation Center At the October 31, 1994 meeting, the Commission directed staff to revisit the Countryside Community Recreation Center project regarding items such as clear space around the basketball court, safety, supervision, etc. A $1.2-million budget was approved for the project and funding is included in the current CIP. Under the adjusted budget, the building's cost has increased by $100,000. Of that amount, $70,000 represents an 8% increase to cover increased construction material and labor costs. Recent escalation of construction material and labor prices is market driven. The architect has researched cost trends and determined that a 5% factor has occurred over the last six to eight months and an additional 3% factor will be experienced between now and project bidding in May 1995. The remaining $30,000 is for a fire protection sprinkling system; a requirement recently brought to staff attention. The site work budget has been increased by $10,000 to reflect the estimated 8% inflation. These increases are believed to be real and fixed. Staff reviewed possible options: 1) Option "A" increases the adjusted budget by $43,000 and includes a 15,130 square base building plus an additional 1,420 square feet for an activity room and additional storage space originally intended to be bid as "alternates." If bid as "alternates," Robert Bitterli, of Bitterli and Associates Architects, Inc., estimates the cost at $70,000. Mr. Bitterli estimates the cost of including the additional space in the base building at $35,000. Option "A" also includes "Lexan" windows in the wall separating supervisory offices from the gymnasium for increased supervision. This option does not add space in the gymnasium for persons to access the Arts & Crafts room, etc. With this option, the total project cost is estimated at $1,353,000; 2) Option "B" includes the "alternates" as part of the base building and expands the multipurpose/ gymnasium by three feet to provide an 11-foot walking area for access of recreation rooms. The storage area and Weight room will also be expanded by three feet. This option increases the budget by $24,000 to $1,377,000; and 3) Option "C" includes the "alternates" as part of the base building and adds six-foot internal hallways for access to recreation rooms from the lobby. This option increases the budget by $76,000 to $1,453,000 and does not increase the size of the multipurpose/gymnasium. Staff recommends "Option B" as the best opportunity to secure the "alternates" at the most reasonable price while providing an additional three feet in the multipurpose/ gymnasium space for sufficient safety of persons accessing recreation rooms. Although hallways were desirable during preliminary discussions, it is now believed their primary advantage would be to provide increased safety for accessing recreation rooms. Disadvantages include high cost, additional maintenance, and supervision concerns. Halls also would eliminate a direct view from the supervisors' office into the multipurpose/ gymnasium space. Ream Wilson, Parks & Recreation Director, noted the room for Police Officers will be 200 square feet. The Police will not be present to supervise the building. The building will provide office space so Officers can stop by to work on reports and familiarize themselves with the youth and mingle with the neighborhood. To concerns regarding access to classrooms from outside, Mr. Wilson said if a "teacher" is not in the room, the door will be locked. Mr. Bitterli said he studied the project and noted many things they are recommending now would have been done in the next phase. He noted a radical upswing in costs of 6 to 7% during the past eight months and vendors now are demanding more money for supplies. He suggested 8% would be a conservative estimate of price increases before the project is bid in May 1995. He noted the original budgeted cost had held true for 18-months. Mr. Bitterli noted the advantage of drafting non-complicated bids and recommended including the alternates to increase the building's size as part of the basic bid. He said Option "A" is the least expensive choice and includes the alternates for an activities room and additional storage. The Fire Marshall indicated if the building is to be used for assembly purposes, a sprinkler system is needed. He said if the alternates were bid separately, they would cost $70,000. By including them in the base bid, their cost should be $35,000. He noted outside access to rooms will be at the discretion of the person directing the program. Mr. Bitterli reviewed Option "B" which adds three-feet to the gymnasium, storage and fitness rooms. He suggested painting a wide border stripe around the court areas to signify a safety strip. He reported this option costs $24,000 more than Option "A." Mr. Bitterli reviewed Option "C" which would include hallways. This option costs $76,000 more than Option "B." Safety would be increased due to separation from the gymnasium. He indicated this option costs quite a bit more than the others to build and maintain and eliminates direct supervision of the gymnasium from the supervisors' office and requires added supervision of the hallways. The Mayor questioned if Option "C" includes the alternates. Mr. Bitterli said all three options contain the alternates. Elimination of the alternates would lower the cost of each option by $35,000. Each option contains the expense for the sprinkler system. Commissioner Thomas referred to the alternates and questioned the function of the proposed space off the gymnasium. Mr. Bitterli indicated the space was for equipment storage. Commissioner Thomas questioned the purpose for the additional space by the exercise room. Mr. Bitterli said the space is for an activities room. Commissioner Thomas questioned if the Commission decided these alternates were not needed, would it be difficult to move the storage space. He suggested it would be less expensive to construct a straight wall. Mr. Bitterli said the storage space has a low ceiling and is similar to a "lean-to" and there would be very little difference in cost. He noted the storage room is located in the back for access to the service drive. Commissioner Fitzgerald questioned plans for the activities room. Mr. Wilson said plans were for ballet, aerobic, and karate classes with contract employees. He noted this room was included in the original plan as an alternative. Commissioner Fitzgerald questioned if the space is not available, would the number of programs offered at the center be reduced. Mr. Wilson agreed. He noted the City would save $35,000 by excluding the two rooms but it would cost $70,000 to add the rooms in the future. Mr. Bitterli recommended if the City plans to build the rooms, they do it now. Commissioner Thomas questioned the need for an activities room. Steve Miller, Parks & Recreation Superintendent, indicated staff has tried to stay consistent with information gathered by the survey when designing the center. He noted there were many requests for these activities. He estimated the room will generate $15,000 per year in revenue. He noted the storage space, as designed, is not climate controlled. Commissioner Berfield questioned the size of the room designated for the Police Department. Mr. Bitterli said the room is 213 square feet. Commissioner Berfield questioned the size of the activities room. Mr. Bitterli said the room is 880 square feet. Commissioner Deegan referred to programs planned for the activities room and questioned if the programs could be conducted in the gymnasium. Mr. Miller said that would crunch space and would not allow multiple activities to take place at the same time. Commissioner Deegan noted the gymnasium was designed to be used on a north/south or east/west access so half of the floor could be used for a separate activity. Mr. Miller agreed but suggested the two activities need to be similar, like volleyball and floor hockey. Commissioner Deegan questioned the economics of constructing a building to be used 100% for two hours a day while it stands empty the balance of the time. Mr. Miller said the most popular time for use by senior adults is during the morning. The exercise classes could be held in the activities room rather than turning on the lights and air conditioner for the larger gymnasium. Mr. Bitterli noted the gymnasium would be cooled by a separate air handler. Holding classes in the smaller rooms when the gymnasium is not being used would save operating expenses. He noted participants in dance and aerobic classes have requirements not found in a gymnasium. Mirrored walls and ballet bars would be unsafe in the gymnasium. He suggested the center be built so the City does not have to worry about it. He predicted the building will be well used. Commissioner Thomas referred to the floor plan without hallways. He noted the plan to have instructors oversee outside access to the rooms and requested a profile of a typical instructor. Mr. Wilson said all contract instructors are adults and professionals. Most are highly skilled and also teach at other facilities. Commissioner Thomas expressed concern regarding youth instructors. Mr. Wilson noted youth instructors are staff members who will mostly be involved with the gymnasium and game room portion of the building. Commissioner Thomas questioned if a tight set of rules could be established for contract instructors indicating they are properly skilled in behavioral control. Mr. Wilson said staff could make sure those concerns are addressed. He indicated the City does not have problems at the City's recreation centers. Commissioner Thomas referred to the gymnasium walls where Lexan windows are proposed in the offices. He questioned if slit Lexan windows could be installed along the entire wall for visual access. Mr. Wilson said the doors from the gymnasium to the rooms can have a panel of glass. Mr. Bitterli said the top panel of the doors will be constructed of Lexan. Commissioner Thomas expressed concerns regarding problems in the fitness, activities and game rooms. Mr. Bitterli said he will review where windows can be installed along the wall of those rooms. Mr. Wilson reiterated that each room will have its own supervision. Commissioner Thomas moved to approve Option "B" which includes the "alternates" as part of the base building and expands the storage and fitness room and multipurpose/ gymnasium by three feet to provide in the gymnasium an 11-foot walking area for access of recreation rooms for a budget of $1,377,000 with the addition of visual access through the gymnasium wall to the fitness, activities, and game rooms. The motion was duly seconded and carried unanimously. Commissioner Deegan questioned the square foot cost of the building. Mr. Bitterli indicated it will be $73 per square foot without architect fees and $81.17 with the fees. ITEM #6 - Citizens to be heard re items not on the Agenda - None. CONSENT AGENDA (Items #7-18) - Approved as submitted less # 8, 10, 12 & 14. ITEM #7 - Fire Supplemental Pension Plan Trustees - reappointment of Mike Ahrens & Nick Stucker (FD) ITEM #8 - See page 7. ITEM #9 - Extension of contracts for purchase of black 3408 polyethylene pipe & fittings, for the period 12/14/94 -12/13/95 to: M.T. Deason Co., Inc., Birmingham, AL, at an estimated $1,075,024.35; Equipment Controls Co., Norcross, GA, at an estimated $118,182.50; and Perfection Corp., Madison, OH, at an estimated $52,845, for a total estimated $1,246,051.85 (GAS) ITEM #10 - See page 8. ITEM #11 - Contract for temporary employment services to Kelly Temporary Services, Clearwater, FL, for the period 12/01/94 -11/30/97, at an estimated cost of $45,000 annually (HR) ITEM #12 - See page 9. ITEM #13 - Purchase of 50 Smith & Wesson 9mm double action pistols from Standard Law Enforcement Company, Longwood, FL, for $21,597 (PD) ITEM #14 - See page 10. ITEM #15 - C.O.#3 to Clearwater Beach Recreation Center Renovation Contract to Oakhurst Construction Company, Inc., increasing the amount by $8,300 for a new total of $582,973.50 (PR) ITEM #16 - Purchase of three generators from Cummins Southeastern Power Inc., Tampa, FL, for $88,150; generator #1 is authorized lease/purchase through Barnett Bank (PW) ITEM #17 - Joint Project Agreement with Pinellas County for utility relocation by Pinellas County contractor for the Alligator Creek Channel "A" Detention Area at Logan Street (EN) ITEM #18 - 12 month lease with option of 6 additional months with The Times Publishing Company for Magnolia Park Sub., W 114' of Blk 8, to use for stormwater detention and/or parking during construction of the City's Municipal Services Complex for $12,456 (CM) Commissioner Thomas moved to approve the Consent Agenda as submitted less Items 8, 10, 12, and 14 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #8 - Extension of contract for installation of Polyethylene mains & service lines to Heuer Utility Contractors, Inc., Clearwater, FL, for the period 01/01/95 -06/30/95, at an estimated $500,000 (GAS) To provide timely installation of new gas mains and services with no increase of staff, the Clearwater Gas System (CGS) requests the extension of the contract with Heuer Utility Contractors, Inc. (HUC) to install polyethylene gas mains and services throughout the City's service area. Heuer has agreed to hold their bid prices for six months. Work will be performed under the direction of the Manager of Gas Operations. The contractor will supply all labor, equipment, sod, asphalt, concrete, and curb replacements. CGS will supply gas-related materials such as the polyethylene pipe, fittings, and valves. Heuer anticipates 10 three-person crews will fulfill this workload. An analysis comparing the cost of 30 contract employees versus hiring 30 new CGS employees showed the unit prices of the Heuer contract are 2% less than performing the construction in-house. Commissioner Deegan questioned why it costs the City more to perform these tasks. Chuck Warrington, Gas System Managing Director, said that was due to the City's labor costs that include a benefits package. Commissioner Deegan suggested the City needs to do something to be competitive. Mr. Warrington said utility businesses typically contract low skill tasks. Commissioner Deegan referred to Item #10 and noted the contracted work to change out gas meters is ongoing. He suggested if a long term job requires a lower skill, the City should consider hiring someone low skilled for the task. Mr. Warrington said he has challenged the Gas Operations Manager to determine benchmarks and verify if the City can perform tasks for a lower cost than contractors. He said the City plans to attempt to compete with contractors. Commissioner Deegan noted the six month contract is for $0.5-million. He said if this were a one shot deal, he would understand the use of contractors. Commissioner Thomas said he was on the opposite side of the argument. He noted government historically has higher personnel and fringe benefit costs than private sector employers. He expressed concern regarding the upward spiral of costs ten years after hiring staff at a low skill salary level. He said he would like to privatize more of the government. He suggested reviewing how the City hires staff and how benefit packages could be changed. Commissioner Deegan questioned if CGS staff are members of the union. Mr. Warrington said they are. Commissioner Deegan disagreed regarding the cost of government staff. He said the City's enterprise funds do not have to be run the same way as the rest of government operations. Mayor Garvey agreed with Commissioner Thomas that the City is better off hiring contract employees and not increasing the number of City employees. Commissioner Thomas felt this should be discussed further at strategic planning. Commissioner Deegan moved to extend the contract for six additional months for installation of polyethylene mains and service lines to Heuer Utility Contractors, Inc. of Clearwater at an estimated cost of $500,000. The motion was duly seconded and carried unanimously. ITEM #10 - Extension of contract for residential gas meter change out to West Coast Plumbing, Palm Harbor, FL, for the period 12/14/94 -12/13/95, at an estimated $42,000 (GAS) Clearwater Gas System's (CGS) goal is to change out 1,200 residential gas meters annually. Meters are changed out on a 10-year schedule to assure accurate measurement of consumption. To meet this schedule, CGS has increased the number of meters to be changed to 1,200 from last year's goal of 1,000. With age, gas meters have a propensity to slow and under-measure consumption, causing lost revenues. This contract will provide labor to change out 1,200 gas meters in a timely manner without delay to the project or increasing staff. CGS will provide the gas meters from existing inventory. During FY 1992/93, CGS's unit cost per gas meter change out was $40. The most recent October 1993 bid was $35 a meter, or a saving of $6,000 over the 1992/93 price. The labor and vehicle expense to accomplish this work with CGS personnel is estimated to be $52 per meter. Discussion of this item is included in the discussion of Item #8. Commissioner Deegan moved to extend the contract for residential gas meter change out to West Coast Plumbing, Palm Harbor, for the period 12/14/94 -12/13/95, at an estimated cost of $42,000. The motion was duly seconded and carried unanimously. ITEM #12 - Extension of contract for physical examinations & other medical services with HCA Family Care Centers Walk-In Clinics, Largo, FL, for the period 01/01/95 -12/31/95, for an estimated $104,750 (HR) In 1992, the City solicited bids and awarded a contract for the 1993 and 1994 calendar years for the following physical examinations and medical services for City employees: post offer physicals; annual physicals; respirator physicals; controlled substance tests; breath alcohol tests; medical review officer services; and tetanus typhoid immunizations. These physical examinations and medical services are required by Union contracts, State and Federal law, Occupational Safety and Health Administration, Americans with Disabilities Act, US Department of Transportation, the Federal Highway Administration, and for pension eligibility. The Human Resources Director, Chief of Police, Fire Chief, and the Gas System Managing Director unanimously decided to recommend the City renew the HCA contract for these services. The original bid called for two one-year extensions with an increase equal to the consumer price index. HCA's request for a 2.5% increase is within the limit specified in the original bid. HCA maintains a permanent facility at 2 N Belcher, Clearwater. HCA's performance since January 1, 1993 has been more than satisfactory and a higher level of service is not required. Commissioner Berfield questioned why physicals cannot be handled through the City's health insurance carrier, Pru-Care. Deputy City Manager Kathy Rice indicated Pru-Care does not do drug and alcohol testing. She said those receiving physicals are not City employees and are not covered by Pru-Care. Commissioner Deegan questioned if the services were bid. Ms. Rice said the contract was bid out last year and this is a one-year extension. Commissioner Deegan questioned if it will be bid out next year. Ms. Rice said staff will review the contract next year. Commissioner Thomas questioned why the net overall cost increased by 25%. Ms. Rice reported two changes to drug and alcohol testing requirements may increase the price significantly. Federal law requires additional drug and alcohol testing in the Gas Department. Testing those with commercial-driver's licenses and those who work in safety sensitive positions is new and requires random testing and testing after accidents for more than 400 City employees. Commissioner Thomas questioned if the dynamics of the contract had changed and if it would be prudent to rebid it. Ms. Rice said only a few local organizations provide this service and HCA has provided good service. The volume of testing will be increased. She noted a slight difference in the alcoholic testing component now requires a specific kind of breathalyzer be used. Commissioner Thomas questioned if the volume will increase 25%. Ms. Rice said the City anticipates that increase in volume. She indicated a cost-of-living increase is included in the higher rate. Commissioner Berfield moved to approve a one year extension of the contract for physical examinations and other medical services with HCA Family Care Centers Walk-In Clinics, Largo, FL, for an estimated $104,750. The motion was duly seconded and carried unanimously. ITEM #14 - Renewal of agreement with Pinellas County Sheriff to provide latent fingerprint examination & related services, as well as crime scene services including evidence & property storage to the Clearwater Police Department, for the period 01/01/95 -12/31/95, for $316,714.54 (PD) The Pinellas County Sheriff's Office and the Police Department have had a contractual arrangement since January 1, 1994 to cover latent print examination, evidence storage and crime scene processing. The contract cost includes $58,836.19 for latent fingerprint services, $27,220 for evidence storage, and $230,658.35 for a base workload of 2,000 calls for crime scene processing per contract period. Any processing provided in excess of 2,000 crime scenes will result in a charge of $122.83 per scene. The Police Department has been most pleased with the services provided by the Sheriff's Office during the previous contract periods. Commissioner Deegan indicated the Commission requested when contracts are being renewed that a summary report be provided. He noted the proposed contract has a base of 2,000 crime scenes and questioned how many crime scenes the Sheriff's Office processed last year. Chief Klein said from January 1 to October 31, 1994, the Sheriff's Office processed 1,612 crime scenes. He projected the City would have close to 2,000 crime scenes requiring processing by the end of the year. Commissioner Deegan requested a summary report include what the Sheriff's Office did for the City and how it compares to the service the City previously had. He requested the City Manager provide this type of information before the Commission is asked to approve an agreement in the future. Commissioner Berfield questioned if last year was the first year of this contract. Chief Klein said this is the third year of the agreement. He noted the Police Department consolidated three contracts last year and this is the second year of the consolidated contract. Commissioner Berfield questioned the cost of last year's contract. Chief Klein reported last year's total contract cost $245,666.14. Commissioner Berfield questioned the increase. Chief Klein said the City negotiated the 4.25% increase as the cost of doing business. Chief Klein indicated processing a homicide scene requires hundreds of hours of time. Commissioner Berfield questioned if Chief Klein was comfortable with the increase. He indicated the increase was reasonable. Commissioner Deegan moved to renew the agreement with Pinellas County Sheriff to provide latent fingerprint examination and related services, as well as crime scene services including evidence and property storage to the Clearwater Police Department, for the period 01/01/95 -12/31/95, for $316,714.54. The motion was duly seconded and carried unanimously. The Commission recessed from 10:41 to 10:50 a.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #19 - Reappropriation of prior year retained earnings of the General Fund in the amount of $79,132 to fund programs dealing with Community Outreach, Community Response & Parks & Recreation (CM) The FY 1993/94 Community Outreach program budget included the purchase of equipment and supplies for the Community Outreach start-up program approved by the Commission in April 1994. Because of the enormity of the initial task, not all budgeted equipment was purchased in FY 1993/94. It is requested that program savings at the end of FY 1993/94 of $23,762 be reappropriated to the Community Outreach budget in FY 1994/95 to provide additional funding for current year equipment needs. The 1994/95 Community Development Block Grant funding included $175,000 for the salaries/wages and benefits to provide administrative support to operate a code enforcement program in the N Greenwood neighborhood. Through an oversight, matching funds of $50,000 for supplies and other materials were not budgeted in the FY 1994/95 operating budget. It is recommended that savings in the FY 1993/94 Community Response operating budget ($32,225), and savings in other FY 1993/94 General Fund operating budgets be reappropriated in the current year budget to support this program. Under the eleven Youth Diversion Grant programs conducted last summer, Parks & Recreation recognized savings of $5,370 in FY 1993/94. It is recommended that these savings be reappropriated in the current year budget and earmarked to provide funding of $1,500 for "seed money" for the "Rising Stars" basketball program and funding for future Youth Division programs. The total reappropriated funding recommended for the detailed programs is $79,132. Funding will be provided by a first quarter budget amendment appropriating General Fund retained earnings to these programs. Mayor Garvey noted the Commission was trying to find money for Community Pride's Traffic Impact fees, and questioned if any of these funds could have been used for that purpose. Ms. Deptula stated any money in the General Fund, retained earnings, could have been used for that program. Commissioner Deegan questioned the Community Response Team's $50,000 request for supplies and other materials. Ms. Deptula said she would get the Commission information regarding this concern and suggested continuing the item to later in the meeting. The City Manager distributed a copy of the Community Response Team's detailed budget for the Neighborhood Improvement Program. Commissioner Deegan referred to money budgeted for rent and questioned what site will be used for this operation. The City Manager said a site has not been approved but is in the works. Commissioner Deegan said when the Commission discussed this project, it was to help a particular neighborhood. He said he did not realize they would be housed there. He questioned if plans were to locate Code Enforcement substations all over the City. Ms. Deptula said this is the only one being proposed. The program will last one year and its purpose is to address the unique needs of this community. Commissioner Deegan moved to approve reappropriating prior year retained earnings of the General Fund in the amount of $23,762 for the Community Outreach program; $50,000 for the Community Response program; and $5,370 for Parks & Recreation programs, for a total of $79,132. The motion was duly seconded and carried unanimously. ITEM #20 - Harborview Center Management Contract Ms. Rice indicated Globe Facility Services was the top ranked management firm by the selection committee. She said following discussion, the contract could be ready December 1, 1994.She noted issues already decided include: 1) the building will be an enterprise fund; 2) the capital cost will not be recovered in the enterprise fund; 3) the Community Room will take a second position in booking events; and 4) there is a benefit to having an outside contractor run the facility. Mich Sauers, President of Globe Facility Services (GFS), said his company is a full service management company in business since February 1994. The GFS management team include Nick Flaske, Ken Young and Mich Sauers. GFS is part of the GIS Group of Companies founded in 1978. Mr. Sauers said the advantages of private management include: 1) overall cost-effectiveness; 2) greater access to premier touring shows; ability to risk capital to promote or co-promote events; 3) depth of management experience and expertise; and 4) negotiating savvy with tenants and promoters. He said GFS will make certain the best possible arrangements are structured for the City as owner of the facility. GFS facilities and clients include: 1) PUTRA World Trade Center in Kuala Lumpur, Malaysia; 2) Bangkok International Exhibition Centre, Thailand; 3) Harbor Park Stadium, Norfolk, VA; 4) West Palm Beach Auditorium, West Palm Beach, FL; 5) World Arena, Colorado Springs; 6) AM Partners (Consulting), Honolulu, HI; and 7) Ohio State University Arena, Columbus, OH. Mr. Sauers said GFS is a Tampa Bay Area company and Clearwater will be dealing with the company's owners. The organizational chart indicates Mich Sauers will be General Manager, Mark Collins will be Operations Manager, Sheri Green will be Events Coordinator (Sales), Ken Young will be Food & Beverage Manager, and Pat Perkins will be Finance Manager. Mr. Sauers reviewed pre-opening tasks: 1) working with architects to maximize the facility's operational efficiency; 2) reviewing the furniture, fixtures, and equipment requirements; 3) managing the entire furniture, fixtures, and equipment process including specification, purchasing, delivery, installation, and training; 4) preparing marketing plans and business strategies for the new facility; 5) reestablishing financial pro-formas for day to day operation; 6) recruiting and training staff; 7) planning and managing grand opening ceremonies; and 8) establishing operating Policies and Procedures in coordination with the City and the Convention and Visitor's Bureau. Mr. Sauers reviewed personnel needs between now and building opening: 1) General Manager - 12 months; 2) Executive Secretary - 11 months; 3) Director of Finance - 6 months; 4) Bookkeeper - 4 months; 5) Sales/Events Coordinator - 3 months; 6) Secretary/Receptionist - 2 months; 7) Food and Beverage Director - 2 months; 8) Operations Department Director - 8 months; 9) Building Trades - 2 months; and 10) Two Laborers - 2 months for total personnel expenses of $183,098 that include fringe benefits of $30,516. Mr. Sauers emphasized the importance of marketing that includes: 1) market research; 2) public relations; 3) sponsorship; 4) event solicitation/creation; 5) on-going promoter relationships; and 6) merchandising. GFS will market the Harborview Center to: 1) corporate; 2) community; 3) State-wide events; 4) hotel/motel joint promotions; 5) fraternal organizations; 6) fashion shows; 7) multi-cultural events; 8) musical events; 9) trade shows; and 10) job fairs. Mr. Sauers said GIS has developed computer software for administrative functions including: 1) budget; 2) purchasing; 3) financial control systems; 4) executive reporting; 5) payroll; 6) payables/receivables; 7) cash management; and 8) capital planning/revenue sources. The Facility Management System will: 1) book activities; 2) estimate package costs; 3) schedule equipment; 4) schedule labor; 5) schedule meals; 6) manage budgets; and 7) invoicing. Mr. Sauers said public service is an area key to GIS. Public service means having community events and interrelating and interfacing with the entire community to enhance the community's economics, provide community support, security and crowd control, and emergency planning. Mr. Sauers said GIS is anxious to provide assistance and guidance with the restaurant operation. He felt there are opportunities to generate additional revenue. GIS's concern is that the restauranteur provide concession and dining services to guests attending the facility. Catered meals will be needed. He said it is not typical for restaurants to provide both full service dining and catering though the trend is changing. Mr. Sauers reported facility expenses from now until opening should cost $207,300 and cover: armored car service; contracted services; data processing; dues; equipment rental; general administration; institutional advertising; insurance; interior landscaping; license and permits; pest control; postage; professional fees; subscriptions; supplies; telephone; trash removal; travel and entertainment; uniforms; and utilities. With personnel costs and benefits, the cost is estimated at $390,398. Once open, facility expenses are estimated at $456,500. With personnel costs and benefits, the total cost is estimated at $908,900. Personnel costs for the first 12 months for the first full 12 months of operation are estimated at $452,400 to include fringe benefits of $75,400. Additional employees at that phase include one Building Trade employee and two laborers for a total 14 employees. Key assumptions include: 1) 30,000 square feet of exhibit area; 2) 20,000 square feet of meeting space; and 3) the facility will mature in three years. Mr. Sauers predicted the facility will host between 18 and 25 convention and between 15 and 22 consumer events averaging four to five days each with 175 booths. The average number of attendees at a convention would be between 350 and 600 with between 2,500 and 5,000 attending consumer shows. Rental rates for conventions are predicted to run 5 cents per net square foot. Mr. Sauers noted columns in the facility present some problems with the space. Income from consumer shows will average between $1,800 and $3,500 per day. He predicted rental income for conventions will be between $50,400 and $112,500. Consumer shows may have an income of between $108,000 and $385,000. There will be time when multiple events occur. Mr. Sauers predicts there will be between 137 and 177 exhibits and meetings booked the first year. Attendance will be between 69,800 and 177,000. Rental income will be between $223,400 and $619,375. Income from food, equipment, advertising, and miscellaneous is predicted to be between $389,556 and $1,073,950. With expenses between $856,000 and $952,400, the profit/(loss) is estimated between ($466,444) and $61,550. With income from SteinMart estimated at between $250,000 and $500,000 and income from the restaurants between $200,000 and $400,000, GFS estimates the Harborview Center will have a profit/(loss) of between ($16,000) and $960,000. Mr. Sauers said the convention center will impact the local economy with delegate spending averaging between $3,959,500 and $11.3-million. Using the economic impact multiplier of 2.5, the impact should be between $9.9-million and $28.25-million. Mr. Sauers said GFS proposes a fixed fee of $9,000 per month for the pre-opening phase. GFS proposes a fixed fee of $6,500 per month for the management fee plus a performance fee: 5% of revenues between $0 and $750,000; 8% of revenues between $750,000 and $1.25-million; and 12% of revenues in excess of $1.25-million. GIS made a commitment to take a percentage of their fees and reinvest it in a marketing fund to attract more events to the facility or do promotions for specific events. The proposed term is for five years, renewable after three years based on performance. Mr. Sauers said the Harborview Center will be a key account of GFS and they plan to make it a showcase. Ms. Rice questioned if GFS's fees are included in the pro-forma. Mr. Sauers indicated they are. Ms. Deptula referred to the summary and questioned if GIS had included their expenses in the profit/loss estimate. Mr. Sauers said all expenses were included except GIS' performance incentive fees, and operational expenses such as depreciation, taxes, or debt service. Ms. Deptula noted the Commission had made a decision that the initial investment of approximately $10-million would not be recovered by the Harborview Center. Future capital costs for furniture, fixtures, or any other improvements, would have to be recovered by the enterprise fund. Commissioner Fitzgerald said that decision is significant and noted the capital costs of $10-million contributed by the citizens to this project will not be recovered. He said if the $10-million had been invested in CDs at rates as low as 6%, the return to the City would have been $600,000 a year in income. He said many citizens have questioned when the City will recover its $10-million investment. He said the answer is the City will not be recovering its $10-million. Commissioner Deegan was not sure he agreed with Commissioner Fitzgerald's last statement. He said if the building generates revenue, the enterprise fund will be generating a profit which will accrue to the benefit of the citizens. Commissioner Fitzgerald questioned at what point does the City begin to make a profit. Commissioner Deegan noted the "aggressive" prediction is $960,000 per year and the "normal" figure is at the break even point. Commissioner Fitzgerald noted an income of $960,000 translates into a profit of only $360,000. Commissioner Deegan said he would take an income of $960,000 over $600,000 any day. Commissioner Fitzgerald noted the $600,000 income is actual while the $960,000 income is a projected figure. Commissioner Deegan noted the center also provided the opportunity for citizens to use the building. Commissioner Fitzgerald pointed out to Commissioner Thomas that expenses listed for fringe benefits are budgeted at 35% of the cost of wages. Ms. Rice said City staff fringe costs 20.1% of wages. She noted the figure listed in the budget is not comparable because they used holiday, vacation, and sick time in the figure. If those expenses are removed, the fringe benefit would be comparable to City expenses. Commissioner Fitzgerald's point was that Commissioner Thomas' claim that government personnel costs include an excessive cost for benefit packages is not necessarily true. He noted the benefits offered by this private firm are comparable or higher in cost than those offered by the City. Commissioner Thomas agreed it may be true for this case but he did not think that normally to be the case. Commissioner Thomas referred to the cost analysis for personnel and operational expenses, and questioned what part of the management fee is not included in those numbers. Mr. Sauers said the incentive fees were not included. Commissioner Thomas felt the 5% incentive is a fixed fee as it is paid on the first dollar of income. This makes the fixed fee higher than stated. Mr. Sauers said the fee schedule reflects industry practices and the challenge of managing the facility during its first years of operation. Commissioner Thomas said the fixed fee should reflect the true fixed fee. Commissioner Thomas referred to the comparison between the possible incomes and felt the "aggressive" estimates could be higher. He said many conventions rent the whole convention hall and no estimates reflect that possibility. Mr. Sauers said for purposes of assumptions, GIS assumed exhibitors will pay for space they actually are using and not the entire hall. He agreed some conventions may rent the entire space at a higher return. Commissioner Thomas said that is a function of how the building is rented. He felt the building should be rented as a fixed footprint. Mr. Sauers said the facility has not been fully designed and there are questions regarding systems and partitions. Ms. Rice clarified that the selection committee had ranked GFS as the top firm. Because the final decision has not been determined, GFS is not able to provide a specific pro-forma, only a general one. Commissioner Thomas felt the rental income had been grossly underestimated in the figures presented by GFS. He recommended Commissioner Fitzgerald pay attention to the economic impact the Harborview Center will have on the community. Commissioner Thomas noted some cities build money-losing convention centers because of that positive impact. He said intangible benefits are difficult to measure. Commissioner Fitzgerald said it depends on the numbers one believes. He expressed doubt regarding the accuracy of the multiplier effect traditionally used to justify these types of projects. He noted a recent study of the economic impact of major league sports teams disproved the theory that teams provide a substantial financial impact on communities. He reported the study indicates major league teams provide little new money into an economy. The principal benefit of having a team seemed to be the community's image and ability to say, "I have one." He felt a lot of information is accruing to dispel the assumption about the intangible benefits of certain developments. Commissioner Deegan requested Mr. Sauers elaborate on the advantage, "ability to risk capital and ability to promote or co-promote events." Mr. Sauers said if the government is managing the facility, it may be unable or unwilling to take a risk and grant concessions in order to attract an event. The management firm would be able to underwrite the event and bring it to the Center. Commissioner Deegan questioned if part of GFS' marketing approach would be to negotiate that type of deal. Mr. Sauers said the types of events that are underwritten include consumer shows such as those exhibiting boats or cars. Revenue from the convention space will come from simple rentals or a promotion where someone pays a percentage of the gate receipts or a co-promotional venture with a shared risk where GIS would put at risk some of the facility's income stream. Commissioner Deegan noted if the revenue for the facility is put at risk, the City's potential rental income is also put at risk. Mr. Sauers said certain events would not come if certain concessions are not made and the facility would have had zero income. Commissioner Deegan pointed out if the facility has to offer discounts to attract some events, the City's revenue would be down and GFS would only stand to lose its incentives. Mr. Sauers said GFS can take the risk with an event and rent the facility from the City, becoming the event's partner in renting the facility. Commissioner Deegan noted the City of St. Petersburg has changed its management of the Thunderdome from a private management company to using city staff. He questioned what would prevent Clearwater from being in the same situation. Mr. Sauers said he was a part of the conversations that lead to that decision. He noted had St. Petersburg attracted a major league baseball team, the management firm would have lost that contract anyway. He said the management firm had a great deal of frustration with the facility because the compensation was not as high as had been expected. Commissioner Deegan noted Mr. Sauers had said his proposed incentive package was standard in the industry and questioned if the firm that managed the Thunderdome had a similar package. Mr. Sauers said that management firm's package was similar but had been negotiated more than six years ago. Commissioner Deegan said he can envision three years from now with revenues at the lower end of GFS's prediction of income between $0 and $960,000. Neither the City nor GFS would have generated much revenue but GFS could walk away without having lost anything because their salaries would have been guaranteed and the City would have paid for all staff members. He noted the City would be left holding the bag. He questioned how GFS could share in the risk. He felt GFS' guaranteed flat fee should cover a certain amount of gross revenue with the incentive built on top of that. Commissioner Deegan referred to GFS' key assumptions regarding the square footage available for rent. He had understood the facility had 50,000 square feet gross on both the lower and top floors, and questioned why GFS had assumed a total net of only 50,000 square feet. Mr. Sauers said facilities such as rest rooms, storage areas, concession stands, support services, administrative spaces and the columns had to be subtracted from the gross area. Commissioner Deegan questioned if there was enough room downstairs for 40,000 square feet of exhibit area. Ms. Rice said she did not think there was that much space but indicated staff could review that. Commissioner Deegan said he was surprised only 50,000 square feet would be available to rent. He requested staff review the space. Mr. Sauers noted the registration lobby area is not included in the rentable space. Commissioner Thomas said it would be possible to open up the 16,000 square foot conference room on the third floor to provide a minimum of 46,000 square feet trade show space with additional meetings rooms still available. Commissioner Deegan referred to food service and restaurants and said he gathered from Mr. Sauers's comments that GFS hopes someone will respond to the City's RFP to handle all food service requirements for the center. He said the RFP was scheduled to give the chosen management firm the opportunity to notify contacts they have in the food service industry to respond. Mr. Sauers said GFS had contacted several organizations and encouraged them to respond to the RFP. He said GFS' concern is from an operational standpoint. He expressed concerns that facility guests are well serviced. Commissioner Thomas referred to estimated personnel costs of $452,400 for the first full 12 months of operation and the summary listing personnel costs at $400,000 for normal activity levels and $452,000 for aggressive activity levels and questioned how those estimates were figured. Mr. Sauers said the number of people needed under normal conditions would result in lower personnel costs by eliminating three positions. The $456,000 estimate for operational costs needed to be adjusted based on utility costs and trash removal. Commissioner Thomas referred to the $452,400 in personnel costs and questioned if that number strictly covers personnel costs or if it is mixed with operational costs. Mr. Sauers said those costs were strictly for personnel. Commissioner Fitzgerald questioned if the risk Mr. Sauers referred to would be taken by the City and GFS. He expressed concerns on how the City's revenue stream is protected when a risky event is booked. Mr. Sauers said if the City wanted to attract and encourage a specific event they may choose not to charge rent but would want to be reimbursed for utilities, cleaning, manpower, etc. If the City was unwilling to take that risk, GFS could become partners and pay the rent with their own dollars and assume the total risk. Commissioner Fitzgerald said he always wants to be certain what risk the taxpayers will have to make. He questioned if this point will be explained in the contract. Ms. Rice said it would be explained. Ms. Rice referred to the Community Room and questioned if it is to take second place to the convention center, was the City Commission willing to compensate GFS for community events held in the Harborview Center. Commissioner Thomas suggested this be included in the contract. He said the risk issue is confusing. He expressed concerns with GFS underwriting events because it could put the City in competition with GFS. Mr. Sauers indicated the contract, which is common to the industry, states the management company is able to rent the space at the prevailing rate. Commissioner Thomas said that would result in a conflict he did not like. He said the management firm would be in the "catbird seat" renting out the facility. He suggested this ability to rent the space would allow GFS to support money making events while cutting the City out of the profits. He noted the management firm already has an incentive to attract additional revenues for the City. He said he would not support any agreement that would set up a management firm as an individual entrepreneur in the building. Mr. Sauers said of the 4,000 events his former employer booked, only about six involved situations where the management firm rented the building. He said the management company usually would rent the space to not lose an event. Commissioner Fitzgerald questioned how much the management of the building will cost the City. Ms. Rice said that depends on the building's income. GFS will charge the City $9,000 per month until the building is open plus the cost of staff in the building. Mr. Sauers said the figures presented today were $40,000 to $50,000 higher than originally proposed and reflected GFS' fees and an adjustment to budget trash removal. Commissioner Fitzgerald questioned if the cost of management included the listed personnel costs plus the $9,000 monthly fee. Ms. Rice said the pre-opening costs for the first year are estimated at $390,398. Commissioner Fitzgerald noted the estimated cost for the first year after opening is $908,000. Mr. Sauers said he hopes to provide the City Commission with a detailed financial statement once GFS is on board. He said the contract will hold GFS responsible if there is a deficit or shortfall. Ms. Rice noted the City Commission will have approval of GFS' budget for the facility. Commissioner Fitzgerald questioned if staff was asking for direction to go forward and negotiate a contract that will include all these points and return to the City Commission for approval. Ms. Rice said a Commissioner had requested in writing specific pro-forma information. She expressed concerns about negotiating a contract before this information could be developed. She said the contract could say GFS will develop a pro-forma as the Commission defines necessary policies and as the building is designed. Consensus was to negotiate a contract without a pro-forma. Ms. Rice questioned if a negotiated contract could be brought back to the City Commission on December 1, 1994. Commissioner Thomas said he did not think the City should delay allowing GFS to start consulting with the architects and restaurants. Mr. Sauers said the two issues requiring negotiation include the firm’s compensation and language regarding risk. He said the attitude of the contract is for the City Commission to set policy and GFS set procedure. He said if the bottom line of the contract is exceeded, GFS pays. He knew the City was anxious to start. He said he was willing to spend the next day to negotiate a compensation package to present a contract on Thursday. The Mayor noted this type of contract was new to the Commission. Commissioner Thomas questioned if the contract can be negotiated by Thursday. Ms. Rice said a contract could be ready if the Commission agreed to certain concepts. Ms. Rice questioned if GFS can be credited when community space is used for community activities. Mr. Sauers said GFS has proposed that space used for community activities be credited at 60% of the rental rate because GFS still has to manage the space and allocate staff. Ms. Rice said if the rental rate is $100, $60 would be credited to revenues and GFS would earn a performance fee based on total revenues. Ms. Rice said these activities are the community activities that now take place at the Annex. Commissioner Thomas questioned if these activities now take place in the Annex's 10,000 square foot community room. Ms. Rice agreed. Commissioner Thomas questioned the yearly revenue from the Annex's community room. Ms. Rice said recreational activities take place there and there has been no revenue. Ms. Deptula noted the City receives a percentage from contracted events. Commissioner Deegan noted the events at the Annex are now managed by the Parks & Recreation Department. He questioned Parks & Recreation's role in the Harborview Center. Ms. Rice said that has not been identified. The Commission had indicated the community space in the Harborview Center takes second place to renting the space for conventions. She said staff envisions that as community space versus a community center. Commissioner Thomas questioned how many days a year is the Annex's community room presently used. Ms. Rice said staff would provide that information. Commissioner Berfield questioned if those activities could be moved to the new gymnasium in Countryside. Ms. Rice noted some activities draw citizens from Downtown who will not go to other locations. Commissioner Thomas noted the trade show space would mostly be used on weekends. Ms. Rice said the question was compensation. Commissioner Thomas said if City staff is doing all of the work he did not feel the management firm should receive any compensation. Mr. Sauers said he assumed this facility is similar to others. He noted the facility is responsible for set up, staff, cleaning, servicing the event, invoicing, etc. Mayor Garvey questioned if City staff would not be involved with community events occurring at the Harborview Center. Commissioner Thomas said he assumed City staff would continue doing the exact same thing they have doing for these events. Mr. Sauers said that is usually the intent but not what generally occurs. Ms. Rice said the management firm would have staff on-site. Mr. Sauers said he would prefer GFS be responsible for all activities in the facility. Commissioner Fitzgerald felt there was a lot of confusion with this issue. He expressed concern that a conflict situation was being established. The original idea was to incorporate a new community center in the building to replace the community room in the Annex. He suggested a conflict will occur between the activities now scheduled in the Annex and convention activity. He said citizens will be upset when they cannot participate in their normal activities because they have been preempted. He expressed concern that the Commission incorporated more than $1-million budgeted for a new community center into the Harborview Center and now plans to preempt community activities. Ms. Rice felt community events can co-exist with convention business for a number of years. Commissioner Thomas stated the new space will be better than present space at the Annex and residents should be satisfied with the way their recreation needs are served at the Harborview Center for some time. He noted the City has just spent money for community centers in Countryside and Clearwater Beach and said citizens can drive to the other centers for events. He said the City is building a business enterprise with more than enough space. If it turns out the Harborview Center is so overburdened with convention business, Commissioner Thomas suggested the City would be able to find the money to replace its community center. Commissioner Deegan noted the proposed credit for community events and questioned if the management firm would schedule the bookings. Ms. Rice said they would. Parks & Recreation would have to budget out of pocket expenses. Commissioner Deegan noted Parks & Recreation personnel would not have to be located at the Harborview Center. Ms. Rice agreed that was correct. Commissioner Deegan said he initially opposed compensating GFS for community events but felt if they do everything, he saw no problem with giving GFS credit as long as they do not get a 5% incentive for the first $750,000 in gross revenues. Ms. Rice agreed that would be a cleaner agreement for the City. Mr. Wilson indicated the City cannot accommodate ballroom dancing and bridge activities, presently taking place at the Annex, at any other community center. He anticipates staff setting up the classes, collecting the tickets, and conducting the programs at the Harborview Center. He recommended discontinuing renting the Annex space as it would compete with the Harborview Center. Commissioner Thomas questioned if Mr. Wilson had a problem working with Mr. Sauers in the manner being discussed. Mr. Wilson said at the last meeting, it was discussed that the Parks & Recreation Department would meet with the management firm with a schedule of the adult dance and bridge programs and those events would be included in the Harborview Center's schedule. Mayor Garvey questioned if the schedule of these events could be changed to better accommodate trade show schedules. Mr. Wilson said the present program works well with trade show schedules. Ms. Rice said staff had agreed to work with the management firm. Commissioner Thomas suggested if staff is already being paid to do these functions, the City should not pay the management firm to do them. He said if staff could be reduced and those positions transferred to the management firm, he would support compensation. Commissioner Deegan said Parks & Recreation staff should still participate in City events but would not require office space. Mr. Sauers said GFS is comfortable during the first year or two to find space to accommodate 250 people and could advise of conflicts six months in advance. He said an agreement needs to be reached regarding the building's maintenance and setup for events. He recommended one entity accept total responsibility for that task. He said the other issue that needs to be addressed is compensation for that service. He expressed concern regarding setting the firm's incentive at a high threshold level. Ms. Rice referred to her concerns regarding food service and noted the Commission had wanted the management firm to help assign the facility's food service. She reported GFS had indicated they wanted one of the two restaurants responsible for catering the building. Commissioner Thomas felt the management firm should be open on how the food service is structured. Mr. Rice referred to the rental space issue and questioned if the Commission had indicated a wish to move all activities that could be moved from the Annex to other community centers and negotiate a schedule for the big events at the Harborview Center. Commissioners Deegan and Thomas agreed. Commissioner Thomas said the Harborview Center will not be built with 10,000 square feet dedicated to a community center. The priority for scheduling will be convention and trade show business. Commissioner Fitzgerald said the Harborview Center will no longer be a community center but a place where certain community events will take place if there is space. Commissioner Thomas noted there is no community center at the Annex. Commissioner Thomas said the room at the Annex operates as a community center. He said it is a question of priority and in the new center, community based activities will take second place to other activities that may preempt them. Commissioner Deegan said the Commission discussed this before. Trade show events are booked far in advance. Commissioner Fitzgerald said if the Harborview Center is highly successful, there will be more and more days when space is not available. He said he was bothered that the citizens have contributed $10-million and their space and take second place on the program priority list. He expressed concerns that the project began with an agreement to incorporate a community center into its design and spend $1-million, budgeted for that purpose, on the Center. Commissioner Deegan said the activities that will take place in the Harborview Center's meeting rooms also will be for citizens. He disagreed citizens would take second place. Commissioner Fitzgerald expressed concerns with citizens' events taking second place to trade show activities. Commissioner Berfield said she understood Commissioner Fitzgerald's concerns but noted once the Annex is torn down, there will be no place for those activities to take place. She said the Commission is trying to make some space available for current activities. Commissioner Thomas said the City spends more than $10-million per year for the entertainment of its citizens through the Parks & Recreation Department. Mayor Garvey said the Parks & Recreation Department are not an entertainment business. She said it was a cost of living issue. Ms. Rice said staff has requested five days at the Harborview Center be set aside for City use for a reduced rate. She questioned if that would be enough days. GFS is asking for half credit on their compensation. Consensus was five days at no rent should be set aside for City use. Ms. Rice stated the contract with GFS has several components. She noted the Commission's concern regarding incentive fees. Commissioner Thomas agreed with Commissioner Deegan that GFS' proposal to earn an incentive on the first dollar of revenue was incorrect. Consensus was to set a performance fee at a level higher than zero. Mr. Sauers said the issue is the threshold level and the percentage. Ms. Rice questioned if staff can negotiate the contract and send it to the Commission tomorrow would they be prepared to address it on Thursday, December 1, 1994. Commissioners Thomas and Deegan requested staff try for the December 1, 1994 date. Ms. Rice said everything has been resolved except two or three paragraphs. Commissioner Fitzgerald said he was reminded of the rush to judgement on the SteinMart lease. He said the Commission should have time to examine the documentation. He said he could not intelligently address a complicated document with so little time to review it. Ms. Rice suggested staff could negotiate a one-month contract before returning next month with a final contract. Commissioner Deegan questioned if GFS' function will differ from when they are on board with a contract. Ms. Rice said their function would not differ. Commissioner Fitzgerald agreed with Ms. Rice's recommendation. He said the Commission and City Attorney must have plenty of time to closely review the contract. Commissioner Thomas questioned Mr. Sauers if the level of service he expects GFS to deliver in the next month would differ from the next months. Mr. Sauers said GFS would start from the "get go" and the service would be the same. Commissioner Thomas questioned if the work would be at the same intense level. Mr. Sauers said everyone with GFS would be involved. Consensus was for staff to work out an agreement. Ms. Deptula said staff would work out a one month agreement with GFS and bring forward a final contract for approval in January 1995. Consensus was that the City needs a management firm for the Harborview Center and GFS is a good firm to provide that service if an acceptable contract can be negotiated. The Commission recessed from 1:00 to 1:32 p.m. ITEM #21 - Beach Town Meeting Follow-up Discussion - Tourism Promotion Ms. Deptula reported the Convention and Visitor's Bureau (formerly the Tourist Development Council (TDC)) has identified a typical tourist but could not confirm that a Clearwater tourist fits the profile of a County tourist. She said Clearwater beach business people have complained tourism here has not turned around as it has at other Pinellas County beaches. She questioned if the Commission wants to find out the profile of the Clearwater beach tourist. Videos from the Convention and Visitor's Bureau (CVB) were presented. The City Manager reported a package of information was received from the Chamber of Commerce with a proposal for a cooperative effort on the tourism issue. Mayor Garvey noted the Chamber's proposal addresses financial funding and recommended it be discussed when the budget is being prepared. Commissioner Deegan said the public has expressed their opinions and want to know what the Commission will do in response. Mayor Garvey referred to a proposal from Bordner Research, Inc., regarding research needs relative to the Clearwater beach "visitor." Commissioner Deegan referred to Ms. Deptula's question regarding whether or not the Commission wishes to assume that the Clearwater tourist is the same as the one profiled by the CVB. He felt the answer is no and supported a study similar to one recommended by Dr. Bordner. He felt the study proposed by Bordner Research is too expensive. He noted the response could be ready after the first of the year and suggested the cost be reduced. Commissioner Thomas questioned why the City should use Dr. Bordner when the CVB uses Dr. Clages. Commissioner Deegan suggested a second opinion from another source would be valuable. Commissioner Fitzgerald expressed concerns that not surveying tourists during the high-season might not provide a true picture. Commissioner Thomas suggested gathering information from motel owners. Commissioner Fitzgerald noted the City wants to find out what attracts new tourists. Commissioner Thomas agreed the problem is multi-faceted and the City also needs to find out who is not coming anymore and why. Commissioner Fitzgerald said the Commission had agreed to cooperate with the Chamber of Commerce and motel owners in surveying their customers. The City Manager said the visitor comment cards relate to a separate issue. She expressed concern that County tourism money is being spent to target a profile that may not resemble Clearwater's tourists. Commissioner Berfield questioned if Bordner Research would research Clearwater beach or City-wide tourists. Commissioner Deegan said the issue before the Commission today is Clearwater beach. Commissioner Deegan referred to the proposal from Bordner Research, Inc. and said many points in the letter need to be addressed. He suggested timing may be an issue. Mayor Garvey suggested a two-prong research program could research tourists before and after Christmas. Commissioner Fitzgerald questioned if that proposal would double the cost. Commissioner Deegan said the sample could be large enough to be divided into cells. He recommended Dr. Bordner redefine her definition of a tourist. He said it also was important to continue the visitor comment card program. Commissioner Thomas questioned the beach community's opinion regarding when the visitor surveys should be conducted. The majority of the audience recommended the surveys be conducted in March and August. Guy Jasmine of the Clearwater beach Econo Lodge recommended the surveys be done in May and September. Herb Leonhardt said beach motels are full from Christmas until the week after Easter. He estimated occupancy until August runs at 80%. He said from November 1 until Christmas is the slowest season with only 15% to 20% occupancy. Commissioner Deegan stated if the Commission is trying to find out how to get people here doing the slow season, the survey should be conducted now. Commissioner Thomas said even though motels are full during four months of the year, he noted he has received complaints that the demographic profile of Clearwater beach visitors is declining. Mr. Leonhardt agreed. He noted British Airways will resume service to Tampa this Spring and recommended addressing that. Commissioner Deegan said the questions that need to be asked include: questions on demographics; what attracts visitors to return; and how to attract new visitors. He suggested this research be done during the high and low season. He noted Dr. Bordner will have to address how to get a valid sample without duplicating the entire study. Commissioner Thomas suggested negotiating a contract for doing one sample now and one in March. The City Manager said she would communicate with Dr. Bordner. Commissioner Deegan said the confidence level could be lower below 95%. Ms. Deptula said part of the complaint regarding tourism is directed to the Commission and City staff and regards parking. She suggested including a question on parking in the survey. Commissioner Deegan noted because after Thursday night's meeting the Commission will not meet until January, the survey will be in the City Manager's hands. The City Manager questioned if the City Commission was comfortable with her directing the survey, in part, to some of the issues discussed today. Consensus was for the City Manager to go forward and negotiate an agreement with Bordner Research, Inc. Mr. Jasmine said March and April would not be good months for the survey because college students are visiting for Spring Break. Commissioner Deegan questioned if Mr. Jasmine objected to surveying visitors now. Mr. Jasmine said no. Commissioner Deegan noted the high season extends from mid-February until Easter. He felt Mr. Jasmine had made a good point regarding Spring Break visitors. Commissioner Thomas said the Commission only needs to determine if they want to do a survey and suggested the City Manager and Dr. Bordner decide on the best times to conduct it. The City Manager noted the City Commission concurred with her concerns regarding the profile of Clearwater Beach visitors and authorized her to work with Dr. Bordner to complete a survey. Mayor Garvey noted Florida's the new tourism promotion theme is "Return to your senses in Florida." Commissioner Deegan suggested a need to know if visitors had ever seen any of the promotion pieces produced by the CVB and recommended addressing that in the survey. Mr. Leonhardt said visitors fall into two categories; those who visit when the kids are out of school and those without children who visit when the kids are in school. Mr. Jasmine questioned why the videos were presented. Commissioner Berfield said the Commission wanted to see on what the tourist tax money was spent. Mr. Jasmine questioned if there is anything the City can do to see that the videos are redone to include Clearwater more. Commissioner Thomas said the City has to decide what role the City wants to play to promote Clearwater Beach. The City Manager reported the Clearwater Chamber of Commerce has proposed the City work in coordination with the Chamber rather than Clearwater taking on the role of lead agency. Commissioner Thomas noted the Chamber has been working with the Tourist Development Council for years and nothing has happened. He questioned why tourism is up in other places but down in Clearwater. He said the City wants to take the lead. He supported a billboard campaign to promote Clearwater in the greater Orlando area. Commissioner Fitzgerald disagreed with that suggestion and noted the City has fought consistently to limit billboards. Commissioner Berfield suggested talking to people in Orlando instead of a billboard campaign. She recommended spending money to get information into Orlando area hotel rooms would be a much better use of City funds. Commissioner Deegan referred to Section 2 of the tourism report and noted the Chamber is advertising in See Magazine in Orlando. Ms. Deptula referred to the Chamber of Commerce's activities that include a Clearwater beach familiarization tour for Orlando hotel concierges. Commissioner Deegan referred to CVB activities and the advertising portion of the CVB's marketing budget totaling approximately $3-million. He said the advertising is not doing the job and questioned what reason is there to think that more money for advertising will solve the problem. Commissioner Fitzgerald said the Commission does not know why the advertising is not working. He suggested the Commission may be doing something to cause the advertising not to work. He said Clearwater does not have a good reputation for being a friendly destination but as a place to get a parking ticket where fun is last on the list. Commissioner Fitzgerald referred to the City's "anti-fun" ordinances and said the Commission cannot totally blame the downturn in tourism on advertising. He stated the City needs to find out if the Commission is doing things that reflect badly on attracting tourists. Commissioner Deegan agreed more advertising alone will not help tourism. He said there are a few people with the perception to which Commissioner Fitzgerald referred. He suggested the survey will discover how prevalent that perception is. Commissioner Fitzgerald said officials of other cities have that perception. Mayor Garvey questioned what may need to be changed. Commissioner Fitzgerald said the City's reputation is that it seems to be anti-fun and tries to control the activities of visitors. The City has some very strict regulations. "Anti-fun" ordinances have established a negative image and do not convey a feeling that visiting here is fun. Commissioner Thomas disagreed and said he has never received a call that said Clearwater is not a place to have fun. He expressed concern that Clearwater does not market its beaches to the tourism industry. He noted the CVB does not focus on Clearwater and suggested Clearwater should develop its own marketing program. Nick DeAminico said he walks each evening and every time there is a switch of the police, things deteriorate. He stated many beer bottles litter Mandalay Avenue. He said the cruising control is unbearable. He felt the family oriented beach has gone down the drain. He felt it was better before the police force was switched. He spoke against replacing a good Sergeant serving the beach. Behzad Shahriari said Clearwater has no identity. He recommended offering something besides sun and sand. He suggested parking tickets have ruined tourism and recommended getting rid of the parking meters. Commissioner Deegan noted the suggestions Mr.Shahriari made are presently before the City Commission for discussion. Mayor Garvey said the Commission is trying to develop new ideas. Commissioner Berfield questioned what Mr. Shahriari does to promote his business. Mr. Shahriari said he is doing his best but does not spend a dime to advertise. He felt his service is his advertising. He said the City gives tourists a hard time with the ordinances. He said ordinances harass tourists. Commissioner Berfield noted Mr. Shahriari has one view point while other business owners have another. The Commission is trying to balance the needs of those who want more fun and those who want a family oriented atmosphere. She noted the country's economic situation has an impact on tourism. She requested business owners give the Commission a chance to develop a plan. She suggested beach businesses also must help themselves. Mr. Shahriari stated ordinances are against the family. Commissioner Berfield requested he name an ordinance. Mr. Shahriari said the noise ordinance was put in the wrong place. Commissioner Thomas recommended Mr. Shahriari notify the Police Department if the noise ordinance is not enforced in the bar next to Mr. Shahriari's business and if they do not respond and issue a citation to notify the Commission. Commissioner Thomas said, for the record, the Commission developed Harborview Center to enhance tourism. Today a presentation was approved for a project on the East End specifically for entertainment to enhance tourism. Susan Lewis said at the November 17, 1994 Commission meeting, she had presented a petition signed by 85 motel owners. She said all of the businesses are trying to succeed for the good of the community. She referred to the tourist tax and requested assistance from the City to access CVB records to learn how that money is spent. The Mayor said the information currently is not broken down in that manner and that is part of the research the City is trying to accomplish. Commissioner Thomas requested a typed list as he could not read the signatures on the petition. Commissioner Deegan questioned if Carole Greiner, Special Assistant to the City Manager, will go to the CVB and try to access these records. Ms. Deptula said Ms. Greiner is working with the CVB. Jay Keyes referred to the topic of tourist promotion. He felt not much is wrong with Clearwater. He noted the City historically promoted tourism but when the CVB was formed, the City acted as if that organization would take care of all needed promotion. He said the CVB was doing a good job of promoting Pinellas County as a whole but does not solve Clearwater's need for promotion. He suggested City funded tourism and convention promotion should be administered by the Chamber of Commerce. He said beach businesses need help. Chuck Pollick said a task force consisting of many civic organizations and representatives formed to make recommendations. He announced the task force is ready to reconvene because of the situation on tourism and promotion. He invited the City Manager and a City staff member to be part of the task force. Many business owners with many ideas were unable to attend today's meeting. He suggested the task force be convened in a way that specific ideas can be brought back to the City Commission. He said the task force would listen to considerable input from many people. Guy Jasmine suggested a seafood festival could be held if the City relaxed ordinances. Commissioner Berfield noted public health regulations restricted festival activities and were not within the City's control. Mr. Jasmine said rules were relaxed for the festival held at John's Pass. Commissioner Deegan suggested whoever would like to sponsor such an event, should file the appropriate application to see if it is possible. Ms. Deptula noted the Downtown area recently sponsored a seminar on how to put on a special event. She suggested holding a similar seminar on the beach. Maria Coats said local motels were not full on Labor Day or Easter. She noted how expensive and difficult it is to book rooms in Key West. She suggested contacting the Key West Chamber of Commerce as well as Chambers of Commerce for Miami Beach, Naples, and Fort Myers to see what they are doing to turn around their slumping tourist industry. Commissioner Thomas recommended Ms. Coats, as a member of the Chamber of Commerce, gather that information and come back with it. Ms. Deptula noted the Commission will address outdoor cafes and sidewalk vendors at a special discussion session in January. Commissioner Deegan noted the City has learned it is not possible for Clearwater Beach to be listed on a mileage sign. City Engineer Rich Baier said the only Interstate intersection where the City is qualified to be listed already has two supplemental guide signs, the maximum permitted. He said staff will review regulations regarding non-interstate signs. Commissioner Thomas said the objective is to get more destination signage listing Clearwater. He noted Clearwater is a destination. Commissioner Thomas referred to page 10 of the Tourism report and questioned if banners, such as those hanging Downtown, could be permitted on the beach for a festive atmosphere. The City Attorney said banners, as approved by the City Manager, are permitted. Commissioner Deegan referred to the request for holiday lights on the beach like the ones Downtown. He expressed concerns regarding setting a precedent for future requests from other areas of the City. Commissioner Thomas said there was a need to make the beach more user friendly and festive. Commissioner Deegan noted nowhere was a lack of a festive atmosphere listed as a cause for the downturn in tourism. The City Manager noted beach business concerns regarding a need for international signs. Staff has discovered there is not one set of accepted international symbols. Commissioner Deegan said the Blue Ribbon Task Force had included a list of symbols in their report. Commissioner Fitzgerald referred to page 14 and questioned if the City would receive a copy of the recent DOT study regarding signage for the State. Mr. Baier reported this week the City will be receiving the study, presently in draft form. Commissioner Fitzgerald said he had to identify standard international signs, listed in a book, to qualify for an International Driver's License. Assistant City Manager William Baker said there is a European standard but no international standard. Ms. Deptula said there is no one official list of symbols. Ms. Deptula questioned if staff is beginning to change signs on the beach to international symbols. Ms. Greiner said many signs have been changed. She suggested using metric measurements. Mr. Baier said there is an understanding of basic regulatory signs. He said some confusion exists regarding parking signs indicating the size of permitted cars, for example. Commissioner Deegan suggested the basic regulatory signs be changed to international symbols where possible. The City Manager referred to activities on the beach. She said staff identified a need for a single, slick brochure that listed all activities and their locations to be distributed to visitors at hotels and at the Welcome Center. Mayor Garvey questioned if the brochure could be added to the booklet put out by the Chamber of Commerce. Ebbie McNider of the Clearwater Chamber of Commerce, said that could be done next year as the book is currently being printed. The City Manager said staff would do something else in the interim. Commissioner Deegan recommended the Community Outreach Division produce a video to promote Clearwater Beach. Ms. Greiner reported a segment of the longer film shown today is marketed to travel agents to show prospective tourists at their agencies. She noted the high expense of airing 30 second television commercials in certain markets. She suggested marketing to travel agents would be more cost effective. Ms. Deptula suggested an active program welcoming every convention with a short video clip. Jeff Harper, Director of Information Management, said the television production staff is gathering footage from all City special events and will be able to produce a video. Commissioner Thomas recommended distributing videos to hotels in the Orlando area. He suggested the City be its own merchandiser. Commissioner Berfield recommended working with local hotels that are part of national chains to get the video distributed to other hotels in the chain across the country. Mayor Garvey suggested literature and brochures on Clearwater Beach be distributed the same way. The City Manager reported the Police Department has made significant changes on the beach. In addition to the training of the parking enforcement officers, a warning system has been instituted. Previously, if an officer was writing a ticket, the officer had no recourse but to complete the ticket. Now, until the ticket is affixed to the car, the officer can stop writing the ticket and instead issue a warning. Mayor Garvey requested the program be monitored for level enforcement. The City Manager referred to the proposal from the Chamber of Commerce requesting $143,253 of support. She reported staff has worked with the Chamber of Commerce regarding the Welcome Center and is waiting for a response. Commissioner Deegan said he understood the problem was getting tourists to come here and suggested applying the City's limited resources to getting people to visit. He noted the Welcome Center does not incorporate a "pull strategy." Commissioner Thomas said the Welcome Center needs improvement. He questioned if the City has considered advertising in the State of Florida Welcome Centers. Ms. McNider said the Chamber of Commerce has its visitor guide at the centers on I-95 and I-75. She said the centers are not high tech yet and cannot show videos. Commissioner Thomas suggested if the City is going to spend money with the Chamber of Commerce, it be invested at the gateways to the State and in Orlando. Ms. McNider said she is traveling north to visit travel agents and offered to distribute the City's video. She pointed out many travel agents with video libraries would be interested in a video. Ms. Deptula referred to the Chamber of Commerce's request for forgiveness of their loan and noted the Chamber of Commerce had suggested they could rebudget the $10,800 they could save, to more advertising. Commissioner Thomas said he was against forgiving any loan until the City knows more details. Commissioner Deegan agreed monitoring would be required. Ms. Deptula said she would request the Chamber of Commerce put together a more specific proposal on that request. Commissioner Berfield referred to the cost of advertising, and noted the Chamber would not get much advertising for $10,800. Mayor Garvey suggested the sum could go toward the production of the video and making copies. Commissioner Thomas suggested the Chamber of Commerce wants the City to pick up the tab and be the Chamber of Commerce. Commissioner Deegan noted the size of the Chamber of Commerce's request is $143,253 and questioned what the Chamber of Commerce's budget is. Ms. McNider said the proposal was more a request for the Chamber of Commerce and City work together than it was a request for money. Ms. Deptula referred to the Chamber of Commerce's request to introduce some kind of outdoor entertainment at Pier 60. The Chamber of Commerce suggested a preliminary study be completed. If it proves to be feasible, the Chamber of Commerce requests City assistance in the necessary permitting. She noted staff has determined nothing is necessary as it can be considered a "special event." The Chamber of Commerce is requesting seed money to get the idea started. Ms. McNider indicated the Chamber of Commerce has a meeting scheduled for Thursday. She said the Chamber of Commerce has done preliminary investigations with New Orleans and Key West. Those concepts began with volunteers. She said the Chamber of Commerce was requesting in-kind money for permitting, zoning, liability issues, etc. Commissioner Deegan said the in-kind requests sound good. He felt the idea is worth pursuing. Consensus was to work with the Chamber of Commerce and assist them with in-kind support but not to invest any money at this point. The City Manager referred to the Chamber of Commerce's request for $30,000 to target two cities with a large scale retail promotion. Commissioner Deegan expressed concern that including the City advertising with the Discover Florida Suncoast's sales mission would dilute the City's message. Ms. McNider said this promotion would be Clearwater specific but can be coordinated with DFS advertising and marketing. Commissioner Deegan questioned what the $30,000 is for. Ms. McNider said the money is for tie-ins with airlines, rental car companies, etc. She said the results from the planned point of purchase promotion would be measurable. Commissioner Thomas said if the City plans to spend this amount of money, the City should control the spending instead of just subsidizing the Chamber of Commerce. Commissioner Deegan said he was not willing to approve the Chamber of Commerce's total package but felt some suggestions merited further consideration and the gathering of additional information. Commissioner Thomas said he was bothered by the $3-million the County is already getting out of the City and noted the City does not get its fair share of its investment. Mayor Garvey suggested a need to know the planned level of the Chamber of Commerce's investment in this recommendation. The City Manager referred to the Chamber of Commerce's reference to the Jazz Holiday. The Mayor said she was not sure what the Chamber of Commerce was asking. The City Manager indicated the Chamber of Commerce had proposed additional advertising. She noted the Jazz Holiday is already very popular and expressed concerns regarding a lack of space for additional participants. Commissioner Thomas suggested another creative event be scheduled for the slow season. Ms. Deptula said staff will work with the Chamber of Commerce to come up with a new event. The City Manager referred to the Chamber of Commerce's request for $25,000 to complete a feasibility study on the construction of a multifunctional structure on Clearwater Beach. Commissioner Deegan felt this suggestion was "jumping the gun." He noted one of the topics planned for discussion is the redevelopment of the beach and this suggestion should be discussed at that time. Ms. Deptula said staff will work with the Chamber of Commerce to redefine their request. Commissioner Berfield referred to the Chamber of Commerce's reference to an I-MAX theater and noted I-MAX previously turned down the City's request for this attraction. Mr. Pollick said this is the first he has seen the Chamber of Commerce's proposal. He agreed some of the ideas are interesting. He noted many groups on the task force he earlier referred to are not represented by the Chamber of Commerce and questioned if helping the Chamber of Commerce would set a precedent for helping other business owner groups. He said the task force will be able to provide the City Commission with specific ideas from a broad base of participants. He said one thing he had been hearing was a desire to reach consensus. Mr. Pollick said one beach association originally did not want to be part of the task force because they felt their ideas would not count. They later joined the task force. He noted some business groups want to "put their money where their mouths are." He indicated the task force will make recommendations to the City Commission within 30 days. Commissioner Berfield questioned what task force Mr. Pollick is referring to. Mr. Pollick said he was referring to the group that met last time regarding beach issues. Mayor Garvey pointed out the task force was self-appointed. Commissioner Deegan said it was wrong to give the impression that the City Manager, representing the City, operated on an equal footing with members of the committee. He noted Ms. Deptula attended the meeting as a courtesy. He said the Commission is as willing to listen to this group as to others. Commissioner Berfield said she had not recalled the Commission appointing a task force. Mr. Pollick said the task force is comprised of beach business and association groups. The Commission recessed from 5:06 until 6:19 p.m. ITEM #22 - Beautification Committee - 3 appointments (CLK) Commissioner Fitzgerald moved to reappoint William Baldwin and Candace Gardner. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to continue the third appointment. The motion was duly seconded and carried unanimously. ITEM #23 - Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Berfield moved to appoint Helen Kerwin. The motion was duly seconded and carried unanimously. ITEM #24 - Charter Amendments Commissioner Fitzgerald referred to a memorandum he had received the previous evening from Commissioner Thomas regarding suggested changes to the Charter. He said if the Commission proposes to rehash the Charter, he asked the discussion be delayed 30 days under Commission rules. Commissioner Deegan said he did not think the Commission would rehash the whole Charter. Commissioner Fitzgerald noted, by rule, any Commissioner can ask for a delay of any item for 30 days without cause. Discussion on the Charter was continued for 30 days. ITEM #25 - Other Pending Matters a) Summer Youth Request for Proposal Deputy City Manager Rice said a cover letter will accompany the Request for Proposal (RFP) and the City will clearly demonstrate that 90% of the targeted youth are to come from the identified geographic area and 10% will be City-wide jobs. Ms. Rice referred to page 4, section 5, and noted the word "not" should have been crossed out to read, "both parties must decide to extend this contract." Mayor Garvey referred to page 3 and questioned why only 16-year old drop outs are being addressed. Ms. Rice said the program is for all youth who are 17 to 23. Sixteen year old drop outs will also be targeted. Commissioner Deegan recommended adding the word "any" to read " . . . will consist of high school drop outs who are 16 years of age and any youth who are 17 -23 . . . " Commissioner Thomas felt the program is too socialistic. He expressed concern with committing taxpayer money to "make work" for people. He felt this was welfare legislation and will not accomplish established goals. Commissioner Deegan said, from experience to date, some previous participants are now employed that may not have been. He compared this to a work fare program that helps people help themselves. Commissioner Thomas questioned if that is the City's job. Commissioner Deegan believed it is. He said this is another way the City spends money to upgrade the community. Ms. Rice said this is a diversion program that also helps some area businesses. Commissioner Thomas suggested spending the $150,000 to create City jobs. Commissioner Deegan said that is what the City did not want to do. He said the program's goal is to teach the participants to be employable in the private sector. Commissioner Fitzgerald moved to approve the Summer Youth RFP. The motion was duly seconded. Commissioners Berfield, Fitzgerald, Deegan and Mayor Garvey voted "Aye"; Commissioner Thomas voted "Nay." Motion carried. b) PSTA Resolution This resolution was crafted to address Commission concerns regarding the City of St. Petersburg's proposed local bill to add an additional member of its City Commission to the Board of the Pinellas Suncoast Transit Authority (PSTA). Commissioner Thomas questioned why the resolution says "will not support" versus "oppose." He said the City opposes St. Petersburg's bill and recommended the Commission state that. Commissioner Fitzgerald agreed that the resolution need not be candy coated. Commissioner Deegan agreed with the title's positive statement but recommended the body, following the second "whereas," indicate the Commission's opposition. The City Attorney presented Resolution #94-110 as revised and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #94-110 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan and Thomas. "Nays": Garvey. Motion carried. c) Discussion re transmission services for City vehicles The City Manager reminded the Commission that Mr. Transmission had protested the recommended bid awards. It was determined at that time to review the services to see if it was more feasible to do this service in-house. She reported staff has found it is not cost-effective to do this in-house and there are other vendors who were not aware of the previous bidding process. She recommended the contract be rebid. Commissioner Thomas questioned if it would be rebid in two components. General Services Director Bill Baird said staff would prefer to bid it on two separate contracts. Ms. Deptula said if the Commission adopts the ordinance increasing the City Manager's purchasing authority, there is a good chance they will not review the item again because it will be below the $25,000 threshold. Commissioner Thomas questioned if the RFP would be changed before it went out again. Mr. Baird said some of the language will be changed, however, the basic information to identify the bidders' qualifications and the types of technicians, etc., they have, will remain unchanged. Commissioner Thomas questioned if the City will have any liability for issuing a new bid. The City Attorney said the City is rejecting all bids and starting over and in the bid, the City says it can do that. Consensus was to rebid. d) Request from Family Resources, Inc. to change use of grant funds The City Commission awarded Family Resources, Inc. a General Fund Social Services grant of $5,000 to be used for general construction costs to add three counseling offices to the existing shelter. As Family Resources was unable to secure funding for the anticipated renovations, they requested to change the use of the funds as follows: $1,000 for bedroom furniture; $500 for a dryer; $500 for recreation equipment; $400 for bedroom & living room lighting; $400 for a security system; $200 to repair closet doors; $1,600 for a computer; and $400 for a printer. Mayor Garvey questioned if any funds would be available for Community Pride. The City Manager said Family Resources plans to use the same funds for a different use. Commissioner Thomas questioned if $5,000 was granted for counseling offices, did Family Resources get the counseling offices or decide they did not need them. Commissioner Deegan noted their letter indicated this list of needs has a higher priority because they were unable to secure anticipated funds for renovations. Commissioner Thomas moved to approve the request from Family Resources, Inc. to change the use of their grant funds. The motion was duly seconded and carried unanimously. e) Ratify/Confirm purchase requisition to S & E Contractors, Clearwater, FL, for emergency repair of City's sanitary sewer main break at the intersection of Old Coachman Rd. & Sunset Point Rd., for $30,900 (EN) On October 29, 1994, Pinellas County's Construction Inspector for their Sunset Point widening project notified Engineering that a depression had formed in the pavement on the north side of Sunset Point Road in the southbound left turn lane of Old Coachman Road over a City-owned sanitary interceptor sewer. Public Works determined the interceptor sewer had collapsed and installed a bypass pumping system to reestablish flow through the system. The center lane of Old Coachman Road was barricaded to direct traffic away from the pavement settlement. Staff believed the remainder of the roadway was in jeopardy of failure. Repairs had to be done immediately because of the depth and location of the sewer break and its close proximity to a 30-inch Pinellas County water main. City crews were unable to perform the work. The break area is in the active work zone of S&E Contractors Inc. for widening Sunset Point Road for Pinellas County between Keene Road and US 19N. S&E had all necessary equipment, labor and materials on site and was willing to perform the repair immediately. Engineering and Public Works determined S&E's bid of $30,900 to be fair and reasonable. When Pinellas County approved the scope of work within their right-of-way, management gave verbal approval to commence repairs on November 2. Work was completed on November 4, 1994. Commissioner Berfield questioned what caused the collapse. Mr. Baker said staff does not know. He indicated the sewer line deteriorated and leaked, the surrounding ground washed away and caused the site to settle. Commissioner Thomas moved to ratify and confirm the purchase requisition to S & E Contractors, Clearwater, for emergency repair of City's sanitary sewer main break at the intersection of Old Coachman Road and Sunset Point Road for $30,900. The motion was duly seconded. Commissioner Deegan questioned if the repair was funded by a CIP or operating fund. The City Manager indicated a CIP. Commissioner Deegan questioned if this repair will delay other projects. The City Manager indicated it would not. Upon the vote being take, the motion carried unanimously. f) Contract for maintenance of Gaylord Galaxy automated library system to Gaylord Systems, Syracuse, NY, for the period 01/01/95 -12/31/95, for $33,237 (LIB) The City utilizes the Gaylord System to provide on-line circulation control and public access reference to library patrons. The contract includes hardware and software maintenance. Purchasing a combined software and hardware maintenance contract from the vendor is more cost efficient and provides better control over trouble-shooting and diagnostic procedures. Only Gaylord provides maintenance for its software system. Combining the hardware and software maintenance provides 24-hour, dial-in support, seven days a week and on-site maintenance or replacement hardware for no "down" time. No other vendor provides this level of service for the hardware. Commissioner Berfield questioned if the City was aware this was a sole source system when it selected Gaylord. Ms. Rice said the City was aware of that when the vendor was chosen by an RFP. Commissioner Fitzgerald moved to approve the contract for maintenance of the Gaylord Galaxy automated library system to Gaylord Systems, Syracuse, NY, for the period 01/01/95 -12/31/95, for $33,237. The motion was duly seconded and carried unanimously. g) Purchase of 16 Ford Crown Victoria vehicles Bids were solicited and received for the purchase of 19 police package vehicles: 16 replacement vehicles and 3 additional vehicles for the Clearwater Gas Services Department. This item involves the purchase of the replacement vehicles. The Florida Sheriffs Association/Don Reid Ford submitted the lowest bid for $17,667 each plus an administrative fee not to exceed $50 per vehicle. All replacement vehicles were scheduled for replacement and approved by the City Commission in the 1994/95 budget. Commissioner Deegan moved to award a contract to the Florida Sheriff's Association/Don Reid Ford, Maitland, FL, for the purchase of 16 1995 Ford Crown Victoria vehicles, at a cost of $282,672 or $17,667/each, and award an administrative fee not to exceed $800 or $50/vehicle to the Florida Sheriff's Association, for a total cost of $283,472, financing to be provided under the City's lease-purchase agreement with Barnett Bank. The motion was duly seconded and carried unanimously. h) Purchase of 3 Ford Crown Victoria vehicles Bids were solicited and received for the purchase of 19 police package vehicles: 16 replacement vehicles and 3 additional vehicles for the Clearwater Gas Services Department. This item involves the purchase of the additional vehicles. The Florida Sheriffs Association/Don Reid Ford submitted the lowest bid for $17,667 each plus an administrative fee not to exceed $50 per vehicle. Commissioner Deegan questioned why the Gas Company needs pursuit vehicles. Mr. Baird said the Gas Company needs larger vehicles. He noted a Crown Victoria with a police package is less expensive than a regular Crown Victoria. The City Manager said these vehicles will be part of the replacement program which has police package vehicles assigned to administrative functions in order to have them available should they be needed in the Police Department. If they are not purchased during this initial production, they will not be available later. Commissioner Deegan questioned if the Gas Company could get a cheaper vehicle to replace this vehicle if the Police Department needs it, why not get that cheaper vehicle now. The City Manager said the problem would be what to give the Police Department if there is a need to replace a police vehicle. Commissioner Berfield questioned if these vehicle will be used for the Pinellas County market. The City Manager indicated that was true. Commissioner Berfield questioned if all Police vehicles, including those used by the administration, are equipped with police packages. Mr. Baird said they are, excluding vehicles used for vice and narcotics. Commissioner Berfield suggested purchasing backup vehicles for officers in the narcotics' division to use later for replacements. The City Manager recommended against requiring undercover officers to drive cars that resemble Police Department vehicles. Commissioner Thomas noted one of the problems with police vehicles is that those assigned to administration are not driven in the same manner as patrol cars. He said Police Officers hate driving those types of cars. Mr. Baird agreed that can be a problem. Mr. Baird questioned the number of back up police package vehicles. Mr. Baird said he did not know how much would be saved by purchasing Corsicas instead. He said last year the Crown Victoria's price was within $100. He said the Crown Victorias will last longer. He said they cannot be beat for maintenance. Commissioner Thomas moved to award a contract to the Florida Sheriff's Association/Don Reid Ford, Maitland, FL, for the purchase of three 1995 Ford Crown Victoria vehicles, at a cost of $53,001 or $17,667/each, and award an administrative fee not to exceed $150 or $50/vehicle to the Florida Sheriff's Association, for a total cost of $52,151, financing to be provided under the City's lease-purchase agreement with Barnett Bank. The motion was duly seconded. Commissioners Fitzgerald and Thomas and Mayor Garvey voted "Aye"; Commissioners Berfield and Deegan voted "Nay." Motion carried. i) Entertainment complex/East End A letter of intent outlining an entertainment complex has been submitted to the Community Redevelopment Agency (CRA) from Kimberly Enterprises, Inc. The project would include, but not be limited to, a hotel, the National Comedy Hall of Fame, AMC Theaters, family entertainment, restaurants, night clubs and limited retail. CRA Executive Director Peter Gozza noted the City has been trying to develop the East End, a speculative site, for quite some time. Problems resulted from parking regulations and a shortage of land. A plan has resulted to create an entertainment plaza on this site. Mr. Gozza introduced Kimberly Denise of Kimberly Enterprises. Ms. Denise is a real estate broker from Atlanta who approached the CRA and indicated she could pull together the components needed for an entertainment plaza. Mr. Gozza also introduced Tony Belmont from the National Comedy Hall of Fame. Mr. Gozza said Ms. Denise and Mr. Belmont are requesting a letter of intent which states the City will work exclusively with them for four months. He said the City included two milestones in the contract: 1) within 75 days, 40% of the space will be leased, and 2) within 150 days the feasibility study will be completed to see if an entertainment plaza will work. Mr. Gozza indicated Hilton Hotels has provided a letter of intent and AMC theaters has expressed interest. He indicated the City's only risk with this agreement is time. Kimberly Denise said the concept of an entertainment center would provide an alternative to the beach for tourists and a major attraction for citizens. The site would include a hotel, amusements, and attractions to create a family entertainment center that would attract all ages, from the very young to senior citizens. Also included would be an 18-theater complex, live shows, dance clubs, arcade game area, a children's play room, restaurants and the Comedy Hall of Fame. She said she had been told and her study shows these are the things Clearwater is looking for. She requested time for a feasibility study and due diligence. Tony Belmont said the National Comedy Hall of Fame is a non-profit organization. Brochures were distributed to the City Commission. Each of the museum's two floors will have 18,500 square feet. Mr. Belmont "toured" the museum's highlights. Proceeds will be donated to charities. The museum will be designed to be sensitive to the needs of visitors with disabilities. The theater will exhibit a film regarding the history of comedy and be available for some community outreach programs. Bill Shulte from the Clearwater Chamber of Commerce announced the Chamber executive board met November 28, 1994 and voted to support the City of Clearwater executing a letter of intent to enable the organizations involved to conduct a feasibility study for the project. Commissioner Thomas noted the Commission is being asked to approve an intent to accomplish something in a specified period of time. He questioned what would happen if the Commission approves this issue and Kimberly Enterprises does not accomplish what it wishes but the Comedy Hall of Fame is ready to proceed. Peter Gozza said he has discussed this with David Cardwell, the attorney hired by the City. He said the Comedy Hall of Fame's feasibility study is complete and their funding is here. Mr. Gozza said if the Commission approves this agreement, he and Mr. Cardwell will begin working immediately with the Comedy Hall of Fame to put together the development agreement making certain the project is coordinated with the entire 15 acre project. Kimberly Denise indicated she agreed with that concept. Commissioner Fitzgerald felt the Comedy Hall of Fame is a great idea. He noted a large Laurel and Hardy fan club is located in the City. He stated the club sponsored an international conference of fans several years ago. Mr. Belmont said they plan to set up a temporary office on Cleveland Street. He said their feasibility studies indicate within three to four years, the Comedy Hall of Fame will attract 350,000 to 420,000 tourists a year to the area. Mayor Garvey referred to the Comedy Hall of Fame's search for office space and questioned what is happening with the former Dr. Brown building. Ms. Deptula said the building is empty but was not sure of its condition. Mr. Belmont said he had left the search in Mr. Gozza's hands. Commissioner Berfield questioned if plans are for the Comedy Hall of Fame to proceed. Mr. Belmont said they can proceed but fully endorse Kimberly Denise's concept. Commissioner Fitzgerald questioned how much of the 15-acre parcel would be dedicated to Ms. Denise's project. Ms. Denise said the entire 15 acres. Commissioner Fitzgerald questioned if the parking would be underground. Ms. Denise said that was the original plan but it was redesigned due to costs. David Cardwell, representing the City as Special Counsel, referred to changes in the November 18, 1994, letter of intent from Ms. Denise. Changes include a deletion of the phrase, "will serve as our written Option Agreement to you ("City")." As this is not intended to be an option agreement, that language was inaccurate. In Section 1, changes were made to what will occur in the event the developer does not proceed with the project. One change adds language, "The parties will mutually agree as to the consultants or any other persons who will do the feasibility study." Mr. Cardwell said the City will have to agree with the developer as to who will be conducting the study. The other requested change strikes the previous language on what would happen if the project did not proceed and adding, if the feasibility study concludes the project is economically feasible and the City does not use the Developer to develop the project, the City will purchase the study from the developer in an amount equal to the out-of-pocket expenses incurred by the Developer. Commissioner Deegan was against a change obligating the City to purchase the feasibility study. Ms. Denise said she requested including this language to protect Kimberly Enterprises should the feasibility study come out positive and the City change its mind about working with her company. Commissioner Deegan expressed concerns that the City has not reached agreements with Kimberly Enterprises up to this point. He said the City does not have any quantitative numbers yet and suggested an agreement could not be guaranteed just because the study is positive. Commissioner Thomas noted Kimberly Enterprises wants to develop a piece of property owned by the City and the City wants it developed. He said this agreement is not finite and would only work if the City gives away its land. The City will not give away its land. He suggested Kimberly Enterprise should have some risk on their side. Ms. Denise said if the feasibility study is negative, she agrees her company would have lost everything to that point. She expressed concerns about it coming out positive and the City blocking her organization's wish to proceed with the development. Commissioner Deegan said it was not possible to bring forward finite details regarding this development at this time. He expressed concerns regarding keeping the City off the hook for the cost of the feasibility study. Ms. Denise said she wanted to be insured that if the study comes out positive and the City wants to go ahead with the project, that she not be cut out of the development. Commissioner Deegan noted the way the agreement was originally written indicated if the City wanted to use Ms. Denise's numbers, they could purchase them. Ms. Denise said she would accept the paragraph as it was originally written. Mr. Cardwell said that would be changed to the original November 18 language. Mr. Cardwell referred to Section 2 and noted changes would permit more flexibility regarding tenants. A change was made to the total space leased within 45 days to 38% from 40%. Commissioner Deegan said on the face of it, the ability to purchase space looks okay. He questioned if that would complicate matters for the City. Mr. Cardwell said the City will deal with one party. Commissioner Deegan said if the City leases the 15-acres to Ms. Denise, she would be unable to sell part of it. Mr. Cardwell said she could sell the space like a condominium. Mr. Gozza noted the Comedy Hall of Fame will be located on the 15-acre development. Commissioner Fitzgerald did not want to find the City in a position where an acre in the middle of the parcel has been sold to someone else. Mr. Cardwell said it was too early to address what the development will look like. He said the City will not find itself dealing with 15 people when they thought they would be dealing with one. Mr. Cardwell suggested hypothetically, Kimberly Enterprises could attract a company with a policy that requires them to own their building's footprint. He said this situation will be addressed in the development agreement. The City will be protected by knowing the building will be developed as part of the overall project. Commissioner Thomas said he did not want this agreement to break the parcel apart. Commissioner Deegan questioned what percentage of the 15 acres will be dedicated to the Comedy Hall of Fame. Mr. Belmont said the Comedy Hall of Fame will use 2 acres. Mr. Gozza said one cannot look at it as a simple two acres because it includes parking and landscaping. Commissioner Deegan questioned if this development provides Ms. Denise a head start with leasing 38% of the development. Mr. Gozza said the Comedy Hall of Fame is not included in the 38%. Mr. Cardwell noted a reference to the Comedy Hall of Fame proceeding needs to be included in Ms. Denise's letter of intent. He referred to Section 5(b), and noted "Purchase Price" has been changed to "Value of the Property." The contract states a mutually agreed upon appraiser will determine the property's value. Mr. Cardwell referred to Section 5(c) "closing" and stated this section is a little vague and recommended this detail needs to be worked out to determine how this package will come together. Mr. Cardwell referred to Section 6 and noted the addition of sewer, water, fire protection and impact fees to the infrastructure the City will be responsible for participating in providing. Commissioner Deegan noted this is subject to future negotiations. Mr. Gozza said developers had been advised that the City expects a return on its investment. Commissioner Thomas questioned if Kimberly Enterprises expects the City to construct a parking garage to support this entertainment center. Ms. Denise said she understood the City's need for a parking facility but said Kimberly Enterprises is not asking the City to build them a parking garage. She said if the development goes ahead, the City's role needs to be determined. Commissioner Fitzgerald referred to the book Kimberly Enterprises provided the Commission, he noted the significant money budgeted for site utilities, sewer, landscaping etc. expenses. Ms. Denise said the construction figures came from McDevitt, Street, Bogus, etc., an international construction company. Commissioner Fitzgerald noted the cost column indicates the figures do not include soft costs such as land, marketing, etc. He referred to page 3 and questioned if the figures for landscaping, site amenities, lighting features, etc., would be "City costs." Ms. Denise said not necessarily. Mr. Gozza said it was too premature to discuss those conceptual numbers. He said all of this will be included in the development agreement. Commissioner Thomas referred to Section 6, Infrastructure, and noted the language states the City "will" be responsible. He requested the word be changed to "may." Commissioner Deegan noted that point still needs to be negotiated. Commissioner Fitzgerald questioned if the language in Section 6 would put the City at risk. The City Attorney said according to the intent of the parties, it does not mean the City will provide it but will have some part in it. Mr. Cardwell said this language is common in these types of agreement and allows the City to participate in the development and pay for extras it may want. He said all of these concerns will be addressed during negotiation. Commissioner Thomas expressed concerns regarding the City's requirement for a minimum number of parking spaces and recommended that be included in the contract. Commissioner Berfield referred to Section 7 and noted Kimberly Enterprise is protected and questioned where the City is protected that Ms. Denise will not negotiate with anyone else for any other area property other than City property during the length of the agreement. Mr. Cardwell said he understood Commissioner Berfield's concerns but stated he had never seen that limitation in any other development agreement. Commissioner Thomas questioned how to be certain Kimberly Enterprises would stay focused on this project. Ms. Denise stated the feasibility study would be only for the East End property. She indicated she had never seen a contract where a land owner got an agreement from a developer not to look at other properties. Commissioner Berfield suggested now that the project is public, everybody in Pinellas County will be after Ms. Denise. Commissioner Deegan referred to a mutual trust where both the Commission and Kimberly Enterprises anticipate they will work through this agreement. Commissioner Thomas said he did not think the Comedy Hall of Fame and Kimberly Enterprises would be here if they did not think this was their preferred site. Commissioner Deegan moved to approve the letter of intent with Kimberly Enterprises as amended that 38% of the space would be leased within 45 days and to direct staff to work with Kimberly Enterprises, Inc. and the National Comedy Hall of Fame to produce an acceptable development agreement. The motion was duly seconded and carried unanimously. Mr. Cardwell referred to the Comedy Hall of Fame and questioned how the Commission wished to document their intent. Consensus was for the City to prepare a response to the Comedy Hall of Fame's letter of intent. CITY ATTORNEY REPORTS ITEM #26 - Other City Attorney Items ITEM #27 - City Manager Verbal Reports Holiday on the Islands The City Manager referred to a letter from Shirley Moran asking the City to waive the liability insurance requirement for the Holiday on the Islands program. Ms. Moran thought she had sent the request to the City in September but staff was unable to locate it. Commissioner Thomas moved to waive the liability insurance requirement for the Holiday on the Islands program. The motion was duly seconded. Commissioners Berfield, Fitzgerald, Deegan and Thomas voted "Aye"; Mayor Garvey voted "Nay." Motion carried. Proposal for lighting on Mandalay Avenue The City Manager referred to memorandum regarding the Holiday on the Islands request to install lights on the palm trees along Mandalay Avenue. Ms. Moran is soliciting donations from businesses to pay for the installation and maintenance of the lights. The City Manager reported the City has not given permission for the lights to be installed. She expressed concerns regarding the request to put two-square foot signs on each tree indicating the names of the contributing businesses. Mayor Garvey questioned if the lights will be permanent. The City Manager indicated that had been requested. Consensus was to bring this issue back on Thursday, December 1, 1994. DCA Grant Application for Del Oro The City Manager indicated staff has prepared a $125,000 grant application to go to Florida's Department of Community Affairs (DCA) that would require a City match for the environmental work on the Del Oro stormwater plan. She said the City could use the money already dedicated to the project for the match. Commissioner Thomas moved to approve the grant application to DCA for environmental work on the Del Oro stormwater plan. The motion was duly seconded and carried unanimously. Strategic Planning The City Manager requested the Commissioners bring their calendars to the next City Commission meeting to schedule additional strategic planning meeting dates. ITEM #28 - Commission Discussion Items a) City Letterhead - Use by Advisory Boards A question was posed regarding the protocol of Advisory Board members using City letterhead. Since no written City policy on this subject exists, the City Manager recommended the following policy: 1) City letterhead may be used when an Advisory Board, an Advisory Board Chair or Acting Chair writes on behalf of the entire Board; 2) City letterhead will not be used when correspondence is written by an individual Board member to express individual concerns; 3) City letterhead will not be used when an individual Board member writes to other governmental agencies, citizens, companies, or Clearwater employees concerning personal opinions; and 4) City staff will be available to type letters for an Advisory Board Chair or Acting Chair only when it relates to actions or opinions approved by the Board, not individual opinions. This policy is to provide consistency within all City departments and clarification to all Advisory Boards. Mayor Garvey agreed with the proposed language. Commissioner Thomas disagreed. He recommended each board should have its own stationery produced by computer. Mayor Garvey said the point was that letters need to be sent on behalf of the board, not individual members. Commissioner Thomas felt each board should have its own advisory board stationery. Mayor Garvey questioned what was wrong with advisory boards using regular City letterhead. Commissioner Thomas said the stationery indicates the letter is being sent from the City, not an advisory board. Commissioner Deegan questioned how often advisory boards use stationery. The City Manager said not that often and stationery does not cost very much. She said the concern was with individual board members sending letters that appear to represent the City or the whole board but do not. She said there would not be a problem getting letterhead for the advisory boards. Commissioner Thomas recommended stationery be created by computer. Mayor Garvey said the key factor is establishing a policy. Commissioner Deegan suggested changing "City letterhead" to "Appropriate Board letterhead" throughout the policy. Commissioner Deegan moved to approve the policy regarding the protocol of Advisory Board members using official letterhead, as amended. The motion was duly seconded and carried unanimously. b) Request for Proposal - Tower Development, Clearwater Beach The Request for Proposal (RFP) specifically informs developers that proposals including the City as a financial participant, requiring the entrepreneurial use or control of adjacent property, or including business activity at the tower's base, will not be favorably received. In their original responses, developers expressed interest in use and control of property surrounding the tower site. If the Commission will not entertain proposals involving auxiliary activities or adjacent property, it is appropriate to say so in the RFP so developers do not develop proposals based on a premise the City does not intend to incorporate. Mr. Baker said staff prepared the RFP for the two parties who responded to the City's advertisement for a Request for Qualifications (RFQ). The RFP includes further definition and restrictions regarding what the City Commission wants for the site. He questioned if the RFP reflects the Commission's direction. Mr. Baker reported the City received two responses to its RFQ. A late response was received from Landmark Towers in Texas. He noted because this was not a bid and there was nothing Landmark Towers could gain by being late, staff thought it appropriate to permit Landmark Towers to participate in the RFP and increase competition. He said management could find no reason to not allow Landmark Towers to participate. The City Attorney said based on what Mr. Baker has told her regarding the RFQ, there was no reason to preclude the City from accepting a bid from Landmark Towers. Consensus was to welcome the competition. Henry J. McGinnis of Ft. Worth, TX said Clearwater is a progressive City. He said he has an enterprise group that consists of six companies. He reported his company is installing recreational structures in Las Vegas and several cities in Florida. Mr. McGinnis suggested the City could use "per inquiry" advertising for tourism where broadcasters charge "per inquiry." He indicated this type of advertising is cost effective. Mr. McGinnis said his company has built many towers. For Clearwater Beach, he said he envisioned a structure similar to his "jewel tower" design. He said Clearwater has a lot to be proud of and he would be glad to come here for vacation. He said he appreciated the opportunity to join the group of bidders and thanked the Commission. Commissioner Deegan questioned if building a tower on a sandy beach would cause a problem. Mr. McGinnis said it would not. What was important was knowing the kind of footings to use. Commissioner Deegan said he was going to make a recommendation regarding the tower's height and questioned if there was a reason to not limit the height. Mr. McGinnis said the only reason for a height restriction is the FAA. He recommended finding a height that works well and does not inconvenience a large number of people. He said cost may be a factor. He said his plan for the tower is to work it into the City communication system. The tower would permit communication to the whole County. Mayor Garvey questioned how high airplanes fly that drag streamers over Clearwater Beach. Mr. Baker said he did not know and suggested they are limited by the FAA. Mr. McGinnis said general requirements would require the planes to fly 500 feet above the ground. Commissioner Fitzgerald referred to the pictures of towers shown by Mr. McGinnis and noted the City's plan to include a restaurant on the top. He pointed out most of Mr. McGinnis' pictures were of towers used for communications. Mr. McGinnis said they are communication towers but a restaurant could be included as easily. Landmark Towers builds all kinds of towers. Commissioner Thomas noted communications are a key component to making a tower profitable and noted a revenue stream back to the City should exist. He requested a comparison between income from communications and from a restaurant. Mr. McGinnis doubted a restaurant alone could support a tower although broadcast capabilities would generate a great deal of revenue. He said Landmark Towers builds augmentable towers on which communication capabilities can be added. Mr. McGinnis said before the City decides where to locate the tower, it is important to go to the FAA to learn what the FAA will permit. Commissioner Thomas questioned the smallest base that could be built to support a tower. Mr. McGinnis said that depends on the tower's style. The jewel tower covers 0.18 acres. Commissioner Thomas said the base is critical in this project and the smaller it is, the better. He questioned the smallest base possible for a tower with a restaurant on the top. Mr. McGinnis said that would depend on their studies. He said the stability of the tower is important and the type of occupancy influences the construction. Commissioner Deegan said the City should not permit any commercial activity at the tower's base. Commissioner Fitzgerald noted the tower would need to sell tickets at the base for visits to the observation floor. Commissioner Deegan agreed that would have to be permitted and recommend language that would permit that activity. Mayor Garvey questioned if the Commission wishes to allow vendors below the tower. Commissioner Deegan recommended that type of activity be restricted to Pier 60. Commissioner Deegan said he wanted to limit the tower's height in the RFP. He expressed concerns regarding the aesthetics of the tower and how it will fit on Clearwater Beach. Commissioner Fitzgerald felt the tower should not be restricted to a specific height as that should be determined in the responders' design of what will fit. Mayor Garvey questioned what height is permitted by the FAA. Commissioner Berfield said that would be up to the responders to research. Mr. McGinnis said the FAA is prone to approve anything under 500 feet high. He noted the tower's lighting will also need to be addressed. Commissioner Deegan questioned if the City should contact the FAA while waiting for the proposals. Mr. McGinnis recommended the City contact the FAA immediately. He noted for communications purposes, the higher the tower, the better. Mayor Garvey suggested the City take the responsibility to contact the FAA to learn what height restrictions might be applicable to a Clearwater Beach tower. Commissioner Thomas felt it was the bidders' responsibility to contact the FAA. Mr. McGinnis said each bidder will have to contact the FAA to know what problems may exist before a proposal can be drafted. Commissioner Thomas said the Commission should not design the tower. He said the proposal should indicate that no business will be permitted on the ground level and an open air view corridor to the Gulf is required. He suggested the RFP address a view area, a restaurant, and entertainment. He requested the RFP include information regarding the amount of money the City will earn from the tower. Mr. Baker said the RFP indicates staff will evaluate the bids regarding financial benefits to the City and the lease arrangements that benefit the City. Commissioner Berfield noted the RFP says the tower is to consist of a restaurant and observation deck and questioned if a reference to communications should be made. Commissioner Thomas questioned if entertainment and communications will be included in the RFP. Mr. Baker indicated they would be. Commissioner Berfield moved to approve the RFP as amended to include a reference to entertainment and communications on the tower. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to continue the meeting past 6:00 p.m. The motion was duly seconded. Commissioners Berfield, Fitzgerald, Deegan and Thomas voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #29 - Other Commission Action Commissioner Berfield referred to a report from the Clearwater Ferry Service and noted few passengers use the Drew Street dock. It was indicated they had not requested stopping service to the Drew Street dock. Commissioner Berfield requested special notice be given the complimentary letter regarding the Police Department. The Mayor indicated she had sent a letter of congratulations. Commissioner Berfield urged staff representation at an important meeting regarding a Water Management District to be held on December 6, 1994. Mayor Garvey complimented the City's recent newspaper advertisement. Mayor Garvey referred to the City's plan to recycle telephone books. Commissioner Fitzgerald noted Tampa is recycling telephone books. Ms. Rice said a letter was distributed indicating why Pinellas County is not recycling them. Commissioner Fitzgerald expressed concern that a letter from Joe Evich, a Board appointee, seemed to imply a specific Commissioner was responsible for his appointment. It was indicated a personalized letter had been sent to each Commissioner. Commissioner Deegan expressed concern regarding delaying the placement of Charter amendments on the March ballot and a possible need for a special election. He asked if another Commissioner was willing to call for a special meeting in December to discuss the items on the Charter. Commissioner Thomas indicated the last date in December he is free is December 14. Commissioner Deegan noted the item has been continued for 30 days. Commissioner Deegan questioned how difficult it would be for the City Attorney to prepare the amendments. The City Attorney said most of the amendments are small. She suggested her Department can review those items the Commission has consensus on and prepare those. Commissioner Deegan suggested the City Attorney work on the proposals listed by Commissioner Thomas in his memorandum that have not been discussed. The City Attorney said the issues Commissioner Thomas has raised are not simple. Commissioner Fitzgerald expressed concern at the complexity of the memorandum he received the previous evening from Commissioner Thomas and how it raises new issues not previously discussed. He found that objectionable. Mayor Garvey suggested the charter amendments could be included on the 1996 ballot. Commissioner Deegan said the Charter Review Committee meets every five years and the Commission should take care of amendments at that time. Commissioner Fitzgerald noted the issues raised by Commissioner Thomas were not Charter Review Committee issues but something different. Commissioner Deegan felt is was inappropriate to delay putting something on a ballot for another year or calling a special election if there is some way to handle this to meet the deadlines. Staff will review a schedule and present it to the Commission. ITEM #30 - Adjournment The meeting adjourned at 7:09 p.m.