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01/03/1995 CITY COMMISSION MEETING January 3, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Tuesday, January 3, 1995 at 9:00 a.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order, wished all a Happy New Year, welcomed viewers to the City’s new station, C-View 35, and led the Pledge of Allegiance. The invocation was offered by Assistant City Manager William C. Baker. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The Commission recessed to meet as the Community Redevelopment Agency and Pension Trustees at 9:02 and reconvened at 9:32 a.m. ITEM #3 - Service Awards Joe Lain, Marine Department, was presented the December 1994 Employee of the Month award. ITEM #4 - Approval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of November 29, 1994, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. ITEM #5 - Presentations The Government Finance Officer’s Association of the United States and Canada Award for Financial Reporting Achievement was presented to Margaret Simmons, Finance Director. ITEM #6 - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #7-16) - Approved as Submitted less Item #16 ITEM #7 - Lease of property owned by Albert & Linda Guy located at 1000 Vine Avenue, Jurgen's Addition to Clearwater, Blk. E, part of Lot 10, for a 9 month period, with 2 one-year term options, to be used for the CRT North Greenwood Neighborhood Office, for $3,600 (CRT) ITEM #8 - Fire Supplemental Pension Plan Trustees - reappoint Robert Lockwood (FD) ITEM #9 - Purchase an EMS Rescue Unit from Saulsbury Fire Equipment, Inc., Tully, NY, for $62,480 (FD) ITEM #10 - Joint Project Agreement with Pinellas County to relocate natural gas mains during improvements to Wyatt Street Target Area Phase II-B, at an estimated labor cost of $127,000 (GAS) ITEM #11 - Purchase of various steel gas materials to: Phillips Engineering Co., Clearwater, FL, at an estimated $46,606.46; The Avanti Co., Avon Park, FL, at an estimated $40,835.22; Allied Corrosion, Marietta, GA, at an estimated $18,108.15; M.T. Deason Co., Birmingham, AL, at an estimated $16,220.25, for the period 01/04/95 -01/03/96, for a total estimated $121,770.08 (GAS) ITEM #12 - Police Supplemental Pension Plan Trustees - reappoint Roy May (PD) ITEM #13 - Ratify & Confirm amendment to Joint Project Agreement with Pinellas County for utility installation by roadway contractor for Betty Lane Bridge Replacement at Stevenson's Creek, increasing the cost by $46,336.50, bringing the project cost to the actual bid amount of $407,762.25 (EN) ITEM #14 - Purchase of professional/computer engineering services for the WPC Division, from McKim & Creed Engineers, P.A., Clearwater, FL, for $48,500 (EN) ITEM #15 - 10' water main easement - part of Tract A, Replat of Blk D of Suburb Beautiful (Pep Boys) (CA) ITEM #16 - See Page 3. Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item 16 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #16 - Water facilities' installation & maintenance easement on Island Estates - part of Sec. 5-29-15 in Island Estates of Clearwater (Sun Watch, Inc.) (CA) Commissioner Thomas questioned if the notary seals on both pages were appropriate. The City Attorney said the notaries were done by a Canadian firm and the seals did not copy and are acceptable. Commissioner Deegan moved to approve the easement for water facilities' installation & maintenance on Island Estates. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #17 - (Cont’d from 11/29/94) Charter Amendments The City Attorney prepared two sets of ordinances. The first set includes five ordinances covering amendments agreed to by previous Commission consensus in August, 1994. The 1st Ordinance reflects changes to be made to Article II. Section 2.01 - Commission; composition; powers The changed states the candidate receiving the largest number of votes shall be elected. This does not represent a change in procedure but reflects current practice. Ms. Akin recommended this be included in Article VIII, the election section. It was agreed to place it in Article VIII. Section 2.04 - Compensation and expenses The change would remove the provision that Commission salary increases must be approved at least six months prior to an election. The increase will still not take place before the next election. Section 2.05 - Mayor-commissioner, functions and powers The amendments clarify that the Vice-Mayor is to be elected at an evening meeting and would only act as Mayor-Commissioner during temporary absence or inability of the Mayor-Commissioner. Commissioner Fitzgerald questioned the definition of a “temporary absence.” He expressed concern the Vice-Mayor could be empowered to take over the Mayor’s duties when the Mayor is temporarily attending a meeting in Orlando. Ms. Akin agreed that was potentially possible. She said “temporary” can be defined as the Commission chooses to define it. It can be defined as “unreachable” or by “jurisdictional boundaries.” The City Attorney indicated her interpretation means “out of contact” or “unable to act.” Commissioner Fitzgerald noted actions have been taken in other jurisdictions under similar circumstances and many problems developed over the term “temporary absence.” Ms. Akin agreed problems have occurred nationwide, even in state government. She indicated some Charters include a definition. Mayor Garvey questioned the difference between “absent” and “temporarily absent.” Ms. Akin indicated under the old language a potential for conflict existed between this language and the Commissioner replacement language. She said “temporary” is distinguished from “permanent.” Commissioner Thomas felt this was nit-picking. He noted Clearwater has a City Manager form of government and the Mayor is largely a ceremonial position. A state of emergency is the only time the Mayor has any viable duties of power. He suggested if the Mayor is out of town during an emergency, the Vice-Mayor should be able to step in and perform the legal responsibilities. He noted meetings currently can be called by the Mayor, City Manager, or by request of two Commissioners and questioned if this was worthy of long debate. Commissioner Fitzgerald said he raised the issue based on the experiences of other communities. Commissioner Deegan questioned if the Commission had not already voted on rules that stipulate when the Mayor should notify the Vice-Mayor when the Mayor is out of town. The Mayor noted “being out of town” does not necessarily mean “absent.” The City Clerk indicated Rule 19 states, “whenever the Mayor-Commissioner will be out of town on a trip requiring an overnight stay for one or more nights, the Mayor-Commissioner shall provide notice to the Vice-Mayor. Commissioner Deegan suggested the word “absent” have the same meaning in each context. Commissioner Thomas agreed a broader definition can be addressed in the rules rather than in the Charter. Mayor Garvey said Commissioner Fitzgerald’s point was legitimate but felt it was up to the taxpayers to keep track of any problems with this point. Commissioner Deegan noted if the word “temporary” is removed then a question can be raised regarding the point an absence or inability becomes permanent requiring a new election. Consensus was to leave in the word “temporary.” Section 2.07 - Vacancies; forfeiture of office; filling of vacancies; advisory boards The City Attorney referred to Section 2.07(b)(4) regarding an amendment to change, by percentages, the number of meetings Commissioners may miss in a 12-month period. The maximum number of absences previously permitted was six of 24 meetings, or 25%. Since the number of meetings has increased, Ms. Akin recommended setting a percentage of 25%. Commissioner Thomas agreed, noting if future Commissions change the number of meetings, the Charter would not have to be changed again. Ms. Akin noted staff’s recommendation was to change Section 2.07(b)(3) from three consecutive regular meetings to six consecutive regular meetings because of the greater number of meetings now in effect. This change was not recommended by the Charter Review Committee. Consensus was to accept staff’s recommendation. Commissioner Berfield questioned the language in Section 2.07(b)(4). The City Attorney agreed the word “of” should be added. Commissioner Deegan questioned how an absence is determined to be excused. Mayor Garvey indicated if members call to advise of their absence, it would be considered “excused.” Commissioner Deegan questioned if notification of a pending absence was a sufficient excuse. Commissioner Thomas recommended a definition be included in the rules. The City Attorney referred to Section 2.07(c) regarding filling vacancies. The language change in Section 2.07(c)(1) indicates the Commission should fill the vacancy within 30 days. Section 2.07(c)(2) provides if the Commission fails to fill it within 60 days after the vacancy occurs, a special election shall be called to fill the unexpired term. The third section has awkward language and Ms. Akin indicated staff will change it to read more clearly. Consensus was for the City Attorney to develop the language and return it to the Commission before a vote. Commissioner Deegan requested a definition of “shall” and “should.” Ms. Akin said “shall” is mandatory and “should” means to make a best effort. She indicated the change was intended to provide a fall back position should the action not occur. The Mayor noted if the vacancy is not filled in time, the governor is given the opportunity to make the appointment. Ms. Akin noted this language will avoid this situation from becoming a gubernatorial issue. Section 2.08 - Procedure The City Attorney referred to Section 2.08(a) and noted the word “two” was struck; this will allow any Commission member to call a special meeting. This change is to avoid a potential Sunshine problem of two Commissioners illegally communicating or using an intermediary to call a meeting. Mayor Garvey questioned if a Commissioner now cannot call the City Manager requesting a session. Ms. Akin noted the Commissioners would be unable to confirm the special meeting’s agenda. The Mayor indicated the change provided a potential for abuse and questioned if safeguards could be considered. Commissioner Thomas questioned why a Commissioner would abuse this procedure more than a Mayor. Mayor Garvey recommended incorporating safeguards regarding the Mayor’s powers to provide some kind of protection from abuse. Commissioner Thomas said the change was required because of Sunshine Law regulations. There was no consensus to make any changes to this amendment. The Mayor referred to language in Section 2.08(c) removing the requirement for a roll call vote for ordinances and resolutions and instead providing that the vote of the Commission “shall be recorded in the journal.” The City Attorney stated that language reflects the technical terms the City uses in the Charter. Commissioner Deegan noted the Commission does not presently vote for ordinances and resolutions by true roll call although the vote is referred to as “roll call.” The City Attorney indicated the language used complies with State law, which does not require a roll call vote. The City Attorney referred to the next paragraph in Section 2.08 and said the language was cleaned up to delete specific reference. Ballot Questions The City Attorney referred to the ballot questions in the 1st Ordinance. The question regarding Commission Elections will be rewritten to reflect the consensus to place the language in Article VIII. The Mayor referred to the question regarding Commissioners’ compensation and expense and questioned its clarity. Commissioner Thomas requested the question specify that the salary increase will not take effect until after the next election. There was agreement to make this change. The City Attorney referred to the ballot question regarding the Vice-Mayor. Commissioner Thomas noted Vice-Mayor is a “rolling” position and questioned if it was addressed formally in the rules. The Mayor indicated the position is not automatically “rolling.” Commissioner Thomas questioned if rules addressing this should be adopted. Commissioner Deegan stated rules should not be included in the Charter and recommended discussing the issue at another time. Commissioner Berfield noted problems could occur if there were three new Commissioners and recommended leaving this to each Commission’s discretion. The City Attorney referred to the ballot question regarding vacancies, forfeiture of office, filling vacancies; advisory boards, and noted it deals with the 25% rule. She noted the rule regarding six consecutive meetings was not included. It was agreed it should be. Commissioner Thomas questioned if the word should be referendum or election. The City Attorney will confirm which word should be used. The City Attorney referred to the ballot question regarding the procedure for calling special meetings. Ms. Akin indicted the title would be changed to “Procedure for Calling Special Meetings and Roll Call Vote.” Commissioner Thomas questioned if the Commission was deleting roll call votes? The City Attorney indicated they are. Commissioner Thomas expressed concern that voters may think the Commission is trying to avoid recorded votes by deleting roll call votes. The City Attorney said she would add language that indicates the vote of each Commissioner will be recorded. The 2nd Ordinance reflects changes to be made to Article IV. Section 4.02 - City attorney, legal department. The City Attorney noted the first change would add the word “paralegals” to the list of positions allowed in the Legal Department. Ms. Akin recommended the list of employees be deleted, the words “other staff” be added, and “as the Commission may direct” remain. Consensus was to accept the City Attorney’s recommendation. Section 4.03 - City attorney, appointment, removal, qualifications and duties The City Attorney indicated the added language is consistent with the City Manager’s provision regarding the City Attorney’s residency. Section 4.05 - Compensation The City Attorney stated the change indicates the Commission shall provide for the compensation to be paid to the city attorney and special counsel. Commissioner Deegan expressed concern that the City Commission should have some control over fixing the compensation of the special counsel. Ms. Akin agreed that language could be added. Commissioner Deegan suggested “special counsel” could be mentioned elsewhere as this section refers to employees. Ms. Akin said Section 4.04 addresses special counsel but does not refer to compensation. She indicated compensation could be added to that section. Commissioner Deegan recommended striking “and special counsel.” The phrase “to be paid by the city attorney” should read “to be paid to the city attorney.” Commissioner Berfield questioned if the changes were originally aimed at compensation for the City Attorney’s staff. The City Clerk stated this change was not recommended by the Charter Review Committee. Commissioner Berfield questioned how the Charter can provide the City Attorney with the authority to set Assistant City Attorney salaries. Commissioner Deegan recommended providing the City Attorney with authority parallel to the City Manager regarding staff. He recommended adding compensation under Section 4.03. Section 4.04 addresses staff and Section 4.05 would not be needed. Commissioner Thomas agreed with Commissioner Deegan. Commissioner Deegan suggested Section 4.03 read the same as the Section 3.03, which does not mention staff compensation when referring to the City Manager position. City Manager Elizabeth Deptula questioned if it is clear the City Attorney recommends compensation for the Assistant City Attorneys. She suggested including that language in Section 4.04. Commissioner Thomas noted the Commission does not set staff salaries for the City Manager’s office. Ms. Deptula indicated City Manager staff salaries are set by the SAMP pay plan previously approved by the City Commission. She suggested acknowledging a different pay plan in the two departments. Consensus was to include the changes discussed above. The 3rd Ordinance reflects changes to be made in Articles VI & VII. Section 6.05 - Petitions The City Attorney explained completed referendum petitions will need to be filed within 90 days rather than 60 days after the effective date of the ordinance sought to be reconsidered. The City Clerk explained this change will provide petitioners with an extra 30 days. Section 7.01 - Charter amendments The City Attorney referred to the change from 120 days to 150 days regarding the latest an election must be held after certification of a petition. The Mayor questioned why the election cannot be held for at least 90 days. The City Clerk indicated this allows the City to meet all required time frames. The 4th Ordinance reflects changes to be made to Article VIII. Section 8.06 - Candidate vacancy The City Attorney noted the change refers to the election of a remaining candidate when a vacancy occurs after the end of a qualifying period when that period cannot be extended within election guidelines and less than two candidates remain. The City Clerk reported State law requires the City to address their procedure when a candidate vacancy occurs. She noted most municipalities have adopted this language. Commissioner Deegan expressed concern with the phrase, “and no extensions can be given within the election guidelines,” as it appears in the ballot question. Consensus was to strike the phrase referring to extensions. The 5th Ordinance reflects changes to be made to Article IX. Article IX - Fiscal Management Procedures The City Attorney noted the change from $1-million to $5-million. Commissioner Fitzgerald questioned the rationale for the change. Commissioner Thomas indicated the change, based on the inflation curve, is a more practical level with which to deal. The City Attorney noted Commissioner Thomas had requested the preparation of some ordinances. Under the eight-hour rule, Ms. Akin prepared three ordinances. The 1st Ordinance amends Section 2.01 - Commission; composition powers The City Attorney noted the change provides that any property bound by the right-of-ways of Drew, Osceola and Pierce and Clearwater Harbor cannot be sold, leased, donated or otherwise transferred without finding by the Commission at an advertised Public Hearing and a referendum. An exception is included for leasing and use of the Harborview Center. Commissioner Thomas said this action would permit the bayfront to be under the control of the citizens. Mayor Garvey expressed concerns. Commissioner Fitzgerald spoke against the change because it is too binding. He noted the current 28-foot rule addresses the lower bluff. Including the total bluff would cause the City to work at cross purposes with future Downtown development. He said it was not practical to rule that City Hall will always stand and be useable. He indicated the language is too restrictive. Commissioner Thomas noted the restrictions are on the Commission, not on the people. He said the bayfront should be beyond the ability of a City Commission to change. Commissioner Fitzgerald said that is the reason nothing positive will occur Downtown. If restrictions are too tight, the City will not be able to react to and address situations of change. He said no one will come forward if they have to wait for a vote at referendum. Commissioner Fitzgerald expressed concern if the opportunity for a new library occurred, the City could not react in time and would be stuck with the library in its present location for perpetuity. He felt current rules are too binding. He said the City will be unable to capitalize on the area’s real potential if outside interests are told the City does not want any development and will not permit it to occur. Mayor Garvey said it was inappropriate to exclude the Harborview Center and felt the Commission should address the total bluff or nothing. Commissioner Thomas said the Harborview Center is not being excluded. The Mayor said if the Commission wants to see things happen and they have the control, it is not necessary to reach decisions via referendum. Citizens have an opportunity to speak at Commission meetings. She disagreed with binding future Commissions. Commissioner Thomas said any future Commission can change the entire bayfront without this language in the Charter. Mayor Garvey questioned the harm if the City’s development is helped. Commissioner Thomas felt the citizens should be the ones to approve that decision. Commissioner Deegan said if the Commission believes the people would not approve development on the bayfront, that is a good reason to have this ordinance. He said the Commission is not deciding the issue but whether to put it on the ballot. Commissioner Berfield questioned why the Harborview Center is not included. Commissioner Thomas said the language allows the Commission to lease the Center and use it as a commercial center. Mayor Garvey questioned how the Chamber of Commerce building is affected. The City Attorney said it would not be affected because the building is not under the City’s ownership. Mayor Garvey expressed concern that it would be difficult for developers to look at the area with these kinds of restrictions. Commissioner Thomas said if the development is that good, the people will vote for it. The majority of the Commission agreed to let the people vote on this issue. The 2nd Ordinance amends Section 3.02 - Appointment; removal; compensation and Section 4.03 - City attorney, appointment, removal, qualifications and duties The City Attorney noted its purpose is to make the language regarding the conditions for appointment, removal, and compensation for the City Manager and City Attorney parallel. She noted the options to appoint require three Commissioners at two separate meetings two weeks apart or four Commissioners at one meeting. Mayor Garvey spoke against the proposal. She noted a true professional would want more than a majority of three votes to be hired. She said removal by three votes at one meeting was adequate because a professional would know the 3-2 vote would be repeated two weeks later. Commissioner Thomas said the ordinance was trying to make the Charter match. He noted currently, the City Manager can be removed with a 4-1 vote or a 3-2 vote at two meetings, separated by two weeks. He recommended the same rules address both executive positions. He said dismissing with a 3-2 vote held twice would allow an individual to present a case and try to sway a negative vote. He disagreed a professional would not want to work when the vote for approval is only 3-2 and said that decision should be left up to the professional. Commissioner Fitzgerald agreed with the Mayor and stated he did not feel the Commission was accomplishing anything with the recommended ordinance. Commissioner Deegan said he was content with the way the procedure for appointment is presently worded. He suggested a candidate anxious for work may take a chance on a 3-2 vote. A minimum 4-1 vote would protect the citizens against the possibility of hiring officers by the skin of their teeth resulting in turmoil and turnover. A 4-1 vote builds more stability into the positions. Commissioner Berfield questioned if the Charter stipulates that both the City Attorney and City Manager positions are appointed by 4-1 votes. It was indicated that is so. She supported that position. The majority agreed the appointments for these positions should require at least a 4-1 vote and the proposed change would not occur. Commissioner Deegan noted the proposed change to 4.03 would make the procedure for removal of the City Attorney parallel to the City Manager. He spoke in favor of the change. Consensus was to accept the proposed change to 4.03 that removal of the City Attorney would occur by a 3-2 vote at two meetings, separated by two weeks, parallel to procedure regarding the City Manager. The City Attorney will change the proposed question. The 3rd Ordinance amends Section 2.01 - commission; composition powers. The City Attorney referred to Commissioner Thomas’ third proposed ordinance regarding the requirement that Commissioners participate annually in strategic planning sessions to develop five-year strategic plans. The Mayor said she did not disagree with the thought but did not believe the issue belongs in the Charter. Commissioner Thomas noted the Commission only recently has been doing strategic planning. He said the proposal would mandate Commissioners fill their roles of leadership and would prevent a vacuum from occurring. Mayor Garvey disagreed a vacuum exists. Commissioner Deegan questioned if a requirement that a three-year financial forecast was included in the Charter. The City Clerk indicated the Commission decided that was not something that should be in the Charter. Commissioner Deegan said he felt the same way about the strategic planning process although he advocates the sessions. He suggested planning is a procedural matter and does not belong in the Charter. Commissioner Fitzgerald agreed this issue should not be included in the Charter because it is a procedural matter. He felt strategic planning is great but should not be mandated in the Charter. Commissioner Thomas requested the Commission review the City’s history and noted the Commission did no strategic planning during the past 70 years. Mayor Garvey questioned how Commissioner Thomas defines “Strategic Planning.” She said planning occurred every year. Commissioner Berfield questioned if procedures regarding a three-year financial forecast had been included in the rules. The City Clerk indicated they have not been included at this time. Mayor Garvey said she did not disagree procedures regarding strategic planning should be included somewhere, she did not feel it was appropriate to include that in the Charter. Commissioner Berfield suggested procedures regarding the two issues be included in the rules. Commissioner Thomas preferred the procedure be locked in the Charter. Consensus was that procedures regarding strategic planning and the three-year financial forecast be written by staff and brought back as a rule. Section 10.01 - Continuation of former charter provisions The City Attorney reported a change originally proposed to this section regarding the non-retroactivity of the term limits does not need to be added because it is not retroactive and applies only prospective. Section 4.06 - City auditor The City Attorney referred to versions of proposed language dealing with the City Auditor submitted by Commissioner Thomas and a compromise plan by Commissioner Deegan. Commissioner Deegan indicated the City Attorney researched the Charter and located language allowing the type of investigation or research that Commissioner Thomas had expressed an interest in being able to undertake. The City Attorney said Charter language and a provision of the Code allow Commissioners to individually investigate and review issues that concern them. The Mayor noted the Commission does not have to establish another position to allow them to do what is already permitted. The City Attorney said Commissioners do not need an agreement with the City Commission to undertake an investigation. Commissioner Berfield noted the 8-hour limit for using City personnel on projects without Commission approval. Commissioner Thomas said he was satisfied with his research that indicated the Commissioners can individually learn about any action taking place in the City without approval of the whole Commission. He agreed that part of his concern was addressed. He stated a basic issue is still unsolved and questioned if the Charter should be based on the current job holder. He noted his original proposal for the office of auditor, being separate from the City Manager and reporting directly to the Commission, was to audit all functions of City government with relationship to cost, performance, productivity, waste, inappropriate cost of materials and labor and inappropriate use of City facilities and land and to determine if there has been any abuse of City owned equipment or inefficiencies of repairs of equipment. He said that type of department is unnecessary when the City Manager is truly doing the job. He noted the Commission is a part-time body, and cannot know the inner workings of the City. For the past twelve months, Commissioner Thomas said he has never been more proud of the City Manager, the City’s chief executive, than he has in the many years he has lived here. He said the department is totally unimportant now but noted the Charter is not designed based on current staff. Commissioner Fitzgerald pointed out the City Attorney’s advice that the Commission can investigate issues of interest. He felt this recommendation is unwarranted and would result in unnecessary expense. He said future Commissions can address this should it ever become necessary. The majority of the Commission agreed not to include this on the ballot. Commissioner Thomas questioned how close the language suggested in his original proposal resembles the Internal Auditor’s job description. The City Manager said the expectations and performance standards include that language. Commissioner Thomas requested the language in his proposal be incorporated. Commissioner Deegan noted the Internal Auditor’s mission statement in the budget reads almost the same way. Long Center The City Attorney noted the lease with the Long Center requires the City hold a referendum to extend it before December 1996. Commissioner Thomas questioned if the referendum on Charter changes in November 1994, approved the Commission’s ability to sign 30 and 60 year leases. The Mayor noted the signed agreement indicated how the issue had to be addressed. Commissioner Thomas questioned if a new lease, based on the Charter change, could be negotiated instead of holding a referendum. The City Attorney said a new lease could be negotiated if both parties mutually agree. She pointed out a referendum would permit a lease of up to 99 years. The consensus was to see if a lease can be negotiated without the requirement for a referendum. The Commission recessed from 11:15 to 11:28 a.m. ITEM #18 - Beach Town Meeting Follow-Up Discussion - Parking Meter Fees, Fines & Times The City Manager said this item continues the discussion on the follow-up issues from November's Beach Town meeting. Ms. Deptula noted the parking system was not established to only raise money. She noted other important issues include control and turnover needs. There are 1,798 parking spaces on the beach. Commissioner Thomas expressed concerns regarding the times of enforcement and suggested the times for all meters be consistent. The City Manager said all meters are enforced from 8:00 a.m. to 6:00 p.m. daily with some exceptions. Tracey Bruch, Parking Facilities Manager, indicated the adjustments were based on the requests of merchants. Commissioner Thomas questioned if the City had a record of the requests. Ms. Bruch said that information would be included in the files. She said the changes were made to address complaints regarding noise, for example. Commissioner Thomas expressed concern that one business owner or resident has the right to get the rules changed based on one complaint. Commissioner Thomas questioned why parking on one side of a portion of Mandalay Avenue costs $0.50/ hour, when parking on the opposite side of the street costs $0.75/hour. Ms. Bruch indicated long term meters cost $0.75/hour for beach users while short term meters, in business and retail areas, cost $0.50/hour. Commissioner Thomas said this pricing policy is confusing to visitors. He recommended the cost of meters on the beach should be consistent. The City Manager noted reasons parking times were customized include an attempt to address cruising and congregating youths. She noted the City's annualized revenue per space in FY 1993/94 was $451. Jay Ravins, Controller, said the average revenue in the study is $558. Ms. Deptula noted the City's fines for overtime parking were the same as those charged in St. Pete Beach, Treasure Island, and Madeira Beach. St. Petersburg charges $10 but does not have a beach. The City Manager said revenues from attendant parking lots have increased significantly. The FY 1993/94 revenues for the Pier 60 lot increased to $436,837 from FY 1988/89's revenue of $245,299. The FY 1993/94 revenues for the North and South Gulfview lots were $597,523 compared to FY 1991/92's revenue of $387,801. Commissioner Thomas said one issue raised by opponents of attendant parking referred to difficulty in exiting the lots. He questioned if that has been a problem. Ms. Bruch said that has not been a problem because each lot has two exit lanes. The City Manager reported net revenue from tickets issued on Clearwater Pass Bridge during FY 1992/93 was $7,323.91. She noted enforcement of the low speed limit was not to make money for the City but to protect the City's bridge. The City Manager noted the City issued 34,406 citations in FY 1993/94 and collected $468,817 in fines. The Crossing guard surcharge of $5 per citation is not included in that total. Commissioner Thomas referred to Clearwater Pass Bridge and questioned if the number of tickets issued has declined since the speed limit was raised. Carole Greiner, Special Assistant to the City Manager, said those figures are not yet available. The City Manager noted if the overtime parking fine was reduced by $5, the City would lose approximately $135,740 in parking fine revenue. If all parking fines were reduced by $5, the City would lose approximately $172,030. Commissioner Thomas noted the City makes more money on attendant parking than on meters. He questioned if staff had forecast a use for those funds. The City Manager said those funds are used to balance the parking fund. Commissioner Thomas noted the costs of decreasing the overtime parking fines have been picked up in the increased revenues from attendant parking. The City Manager noted attendant parking revenues are not available for an offset. She indicated the parking fund does little more than break even. The City Manager said the parking fine increase of $10 includes a $5 surcharge for school crossing-guards. The City Manager noted parking fund expenditures for FY 1993/94 include: $767,648 for Direct Parking expenses that would be eliminated if parking fees were discontinued; $147,353 for bond interest; $60,861 for sweeping services; $203,594 for the Jolley Trolley; $15,330 for Public Works maintenance; $117,870 for Parks & Recreation landscaping; $25,340 for garage security; $349,830 for beach guards; $59,355 for general fund administration costs; $150,000 for capital maintenance including parking structure maintenance and surface resealing; $62,930 for signage, striping, etc.; and $203,730 for beach cleaning. Based on expenditures currently supported by the Parking Fund if the parking fees were removed, $1,396,193 would need to be raised from other City revenue sources. The City Manager noted the City's school Crossing Guard Program services 33 intersections for 15 different schools with 33 part-time guards and 4 alternates. The budget for wages for FY 1994/95 is $129,010. A total of $107,788.76 was collected during the first 10 months. The City Manager referred to the parking fund debt service requirements and noted the principal of $1,251,083 due on the Garden Avenue Parking Garage and the principal of $380,000 due from the parking lot constructed for the Performing Arts Center. The City Manager referred to the parking fund revenue covenants which prohibit the City from changing the City’s parking or giving away free spaces. Ms. Bruch referred to the current sign for the 15 oversized vehicle spaces. She noted the recommendation to add a prohibition slash with an automobile to the sign. She said the spaces were added when attendant parking was established because oversized vehicles could not clear the gate equipment. She noted a decal has been affixed to the parking meter poles indicating the spaces are for oversized vehicles only and the curbs have been painted teal. Commissioner Deegan questioned how the City knows if enough or too many spaces are devoted to this purpose. Ms. Bruch agreed the City has no hard data to determine this. She said the spaces are used regularly and no complaints regarding the number of spaces have been received. She felt the number is adequate. Commissioner Berfield questioned if the color could be confused with the blue used to identify handicap spaces. Ms. Bruch said there has not been a problem. She indicated the color is more teal than what appears in the photographs provided to the City Commission. Ms. Bruch referred to the 12 motorcycle spaces and reported the symbol for a motorcycle, from the Manual of Uniform Traffic Control Device (MUTCD), will be added. Commissioner Thomas recommended adding the word "motorcycle" under the symbol and add a picture of a recreational vehicle to the signs regarding those spaces. City Engineer Rich Baier said including language with a symbol would be a departure from the recommendations of the MUTCD. He said a recent DOT study showed it was not necessary to add language to symbols. Commissioner Deegan questioned if a moped was considered to be a motorcycle. He felt the symbol more closely resembled a moped than a motorcycle. Mr. Baier said no citation would be issued if there was coinage in the meter and either a motorcycle or moped was parked in the space. Commissioner Thomas questioned if the spaces for motorcycles could be made smaller by striping them on an angle. Mr. Baier said it could be considered. Commissioner Thomas said that configuration would provide more spaces. Mayor Garvey agreed with whatever works best. Consensus was to look at reconfiguring the spaces designated for motorcycle use. Commissioner Thomas requested signs designating no parking use symbols instead of words. Ms. Bruch said staff could make those changes. Mr. Baier noted the reflective materials used make the signs visible at night. Commissioner Thomas questioned the City's policy for rehabilitating faded signs. Ms. Bruch noted the color red fades quickly in the sun. She noted signs have a six-year life span. The sign shop is aware of the problem. Mr. Baier said the inspection program is behind schedule. Commissioner Thomas questioned if an ink that does not fade could be used. Mr. Baier said staff would look into it. Ms. Deptula indicated the City needs a better sign inspection program that picks up problems more quickly. Ms. Bruch noted a concern regarding the cost of using a meter. She noted each meter includes a notice with the rates and times of enforcement. Commissioner Thomas said it is almost impossible to read inside the meter where the cost and hours of enforcement are listed when it is dark. He recommended affixing this information to the posts so it can be clearly seen. Ms. Bruch suggested a decal could be affixed to the meter with letters bigger than presently used. Commissioner Thomas recommended the decal be written in black letters against a yellow background and affixed under the knob. Consensus was for staff to review this recommendation. The City Manager referred to concerns regarding the long term parking in the marina lot. She noted permits for half and full day parking are sold in the Harbormaster's office and from several marina businesses. The City Manager referred to the nonrevenue benefit of a parking system included turnover of parking spaces. She suggested beachgoers would park in free spaces and walk the extra distance and businesses would not realize any benefit. She noted a change made by the Police Department to be more tourist friendly includes issuing warning tickets if the parking enforcement officer is approached while writing a parking ticket. Once the ticket has been placed on the vehicle, it cannot be removed and voided. She had not yet heard regarding any benefits. Commissioner Thomas questioned if staff had considered offering a reduced rate for overtime parking tickets paid early. Commissioner Berfield noted if the ticket is paid later, the rate increases. The City Manager noted the $15 rate is a discount. Commissioner Thomas requested greater continuity regarding parking rates and enforcement times. He expressed concern that spaces in the attendant lot cost $0.25 more per hour than metered spaces on the street. Commissioner Berfield noted the convenience of using the attendant lot does not require one to feed the meter. Ms. Greiner noted the maximum cost for parking in the attendant lot is $7/day. Commissioner Thomas recommended increasing the $0.75/hour spaces on S Gulfview to $1/hour. Ms. Bruch noted when attendant parking was established two years ago, metered parking rates on the street and in the lots was $0.50/hour. The City Manager questioned if there would be a problem increasing the meters on S Gulfview to $1/hour. The Mayor said it made sense to keep the price lower to reflect the inconvenience of feeding the meters. Mr. Baier noted complaints he has received requested lowering the rates to $0.50/hour. Ms. Bruch said rates in the attendant lot were higher because of the added expense of hiring cashiers. Commissioner Deegan disagreed with increasing the rates of spaces on S Gulfview to $1/hour because there is no parking on the east side by retail stores. The Mayor agreed. Commissioner Thomas noted prices on Mandalay Avenue vary from $0.50/hour to $0.75/hour and recommended increasing all rates to $0.75/hour. Ms. Bruch explained the difference in the rates and time limits is due to retail businesses located in that area. Commissioner Thomas said the times and costs should be consistent. Commissioner Deegan said he did not see anything wrong with leaving the spaces the way they are. The Mayor suggested beachgoers park in lot 34 and lot 35. Commissioner Thomas questioned how the City could reach any logical conclusion concerning which parked cars belong to beachgoers versus shoppers. Commissioner Deegan felt the Commission was approaching this to help beach businesses. He said if the rates are raised on Mandalay to $0.75/hour, the businesses would not be helped. Commissioner Thomas recommended the rate for parking on Mandalay Avenue be consistent and suggested a rate of $0.50/hour. Commissioner Berfield noted spaces on the west side of Mandalay, north of Baymont, cost $0.50/hour. She agreed the hourly rate for all parking on Mandalay should be the same. Commissioner Thomas suggested if the Commission is concerned about merchants, all spaces should cost $0.50/hour on both sides of Mandalay in the retail section. He suggested spaces north of Rockaway should cost $0.75/hour. Commissioner Deegan said he had no problem with that suggestion as long as the lower rate was consistently adopted. He noted the Commission is trying to help business and cannot do that by raising rates. Commissioner Thomas recommended raising all on-street parking on the beach to $0.75/hour. Commissioner Deegan recommended leaving the rates the way they are. Commissioner Fitzgerald and Mayor Garvey agreed. The majority decided to leave the parking rates the way they are. Commissioner Deegan referred to the parking fund revenue covenants and language in the underlined clause does not forbid the City from offering reduced rate parking. The City Manager indicated a different bond issue has a provision forbidding free or discounted parking service. Commissioner Deegan noted the School Crossing Guard Program, costing $129,010, was not fully funded by the $5 surcharge on parking fines, which totaled $107,788.76. To help reduce the shock someone gets upon receipt of a $15 ticket, Commissioner Deegan recommended eliminating the $5 surcharge and funding the School Crossing Guard Program from the General Fund. Mayor Garvey said the number of crossing guards has increased. Mr. Ravins indicated $107,788.76 was collected over a nine month period because the surcharge became effective during the fiscal year. Commissioner Thomas said parking tickets throughout the City would be affected. Commissioner Deegan said the City would lose $135,740 if the fine for overtime parking was reduced by $5. He referred to letters he has received complaining about the high fine. The Mayor said she favored leaving the fine as it is. Ms. Bruch indicated the fine for overtime parking in Ft. Myers is $30. Commissioner Thomas pointed out the fines on St. Pete Beach, Treasure Island, and Madeira Beach are all $15 and he did not see a need to change. Commissioner Deegan noted some local cities do not have parking meters or fines. Commissioner Fitzgerald opposed dropping the surcharge because the general fund would have to pick up the difference. Commissioner Thomas recommended consideration of Commissioner Deegan’s recommendation when the next budget is deliberated. Commissioner Berfield said part of the justification for increasing the fine to $15 was so people would pay attention to overtime parking. Commissioner Thomas reiterated the time to debate this issue is when the budget is being discussed. John Doran said few of the people who attended the previous Town Meeting attended today’s meeting. He said the Commission should not interpret that to mean the people do not care. He indicated the City Manager provided a great deal of information today and recommended the major newspapers print it as a public service. He acknowledged the loss to the City if the overtime parking surcharge was dropped but questioned the negative effect on tourism of continuing the surcharge. He said business people on the beach feel the $5 surcharge drives tourists away. Commissioner Thomas noted the Commission should address parking costs when they debate next year’s budget. He proposed discussing the concept of removing all charges for parking. He requested staff look at those cities without parking charges and measure the business success stories of those cities’ economies to see if there is truth to the statement that no charge for parking improves retail business. He questioned if businesses in those cities complain because tourism is down. He wanted to know if the issue is true or false. Commissioner Deegan agreed it would be nice if the Commission could find out that information. He questioned how an economic study of a city could be done that focussed solely on one variable, such as the presence or absence of parking meters, and reach a conclusion regarding how parking impacted the overall economy of the city. He suggested such a project would take 10 economists one year to complete. Commissioner Thomas recommended the study focus on County beach communities and how many do not have parking charges. Commissioner Deegan noted the conclusions could not be related to having or not having parking meters. He agreed that staff could make a couple of phone calls to question if cities have problems with the presence or absence of meters or if vacant stores are located near meters. Commissioner Thomas said he was not requesting a new $50,000 study. He recommended staff communicate with neighboring communities without parking meters. The City Manager agreed to make phone calls as long as the Commission does not jump to any conclusions based on data they gather. The Commission recessed from 1:00 to 1:47 p.m. ITEM #19 - Approval of Municipal Service & Public Safety Complex Building Program The City has executed two major contracts to accomplish the completion of its Municipal Services Complex project. The City Commission approved an agreement with Rowe Architects Inc. / Donnell Consultants Inc. providing for a full range of professional services for a lump sum of $1.5-million. The contract lump sum includes all architectural design, engineering, cost estimation, floor layout, geotechnical, project management, and all other services identified in the agreement. The City also has executed a contract with Creative-Beers Contractors providing for collaboration with the Architect in the project’s design, obtaining competitive bids from sub-contractors who will perform the work; supervising, administering, standing for sub-contractors who work under the Creative-Beers’ contract; and providing all incidental and support services (field office, barricades, fencing, etc.). The contractor’s fees total $1.39-million and are changeable only upon an approved increase in the project scope. In this methodology, it is recognized that design documents may result in costs that exceed the owners’ budget in spite of collaborative efforts of various parties. The agreement provides the Contractor (Creative-Beers) identifies a “Guaranteed Maximum Price” (GMP) at the time of receipt and examination of construction bids for the first phase of work. A competitively-bid price of $2,007,191 was received for Phase I work: site preparation; foundations; and building frames for the Administration and Police buildings. The contractor used these figures and other data to develop a GMP of $15,875,000 for the total project. The current approved budget for elements included in the GMP is $16,180,000. Had Creative-Beers been unable to provide a GMP within the approved budget, the City could have voided its agreement with them and engaged another contractor. Assistant City Attorney Bill Baker noted the contract with the consultants require Rowe Architects Inc., Donnell Consultants Inc., and Creative-Beers to collaborate to devise a GMP necessary to erect a building within the budget approved by the Commission on June 16, 1994. The Guaranteed Maximum Price is approximately $305,000 less than the approved budget. Mr. Baker referred to a list of items in which the Commission had previously expressed an interest. He indicated the GMP includes storm proofing by use of laminated glass of both the Administrative and Police buildings. He noted enlarging the garage’s fourth floor would add 54 spaces to the planned 498 and add $165,852 to the project’s cost. He pointed out approximately 30 street spaces will be located in the vicinity. He suggested if the Commission approves progressing with the project as presented, he will come back for City Commission direction should it become evident that extra items can be included. Mr. Baker referred to the list and noted the gas air conditioning listed via a central plant and water cooled chillers for an estimated additional cost of $709,208 was a top of the line system. He noted the GMP includes electric air conditioners mounted on the roofs of the buildings, not from a central plant. He said staff will further examine if it is possible to install air cooled gas air conditioning on the ground level and will come back to the Commission if it is possible. Commissioner Thomas indicated there was a contradiction in the presentation. He pointed out Dean Rowe quoted the cost of upgrading the air-conditioning mechanicals at $475,000. He expressed concern the GMP should include the upgraded mechanical. Dean Rowe said the GMP includes roof mounted air cooled chillers which are not economy models. He said they were unable to include in the GMP a central plant with gas fired water cooled chillers. He said they have only hard bid the Phase I work which consists of the foundations, site work, and steel frame. The GMP was developed from documents that are estimates. He said they still have work to do before they bid the systems portion of the building. He indicated they will try to improve the quality of the building as they go through the bidding process. He noted a 5% contingency is included in the GMP. Commissioner Thomas indicated he and Mr. Rowe had a clear and concise conversation regarding air conditioning. He said he asked for, and the Commission approved, the inclusion of the best, most energy efficient, air-conditioning system. Commissioner Thomas said Mr. Rowe had indicated that upgrade would add $475,000 to the project’s cost. Mr. Rowe agreed that was correct. Commissioner Thomas noted the City asked for the very best air-conditioning system and included its cost in the budget. He expressed concern that the GMP is not “apples to apples” based on what the Commission had adopted. Mr. Rowe noted the project adopted by the Commission was reduced by $1,135,000 from the one originally proposed. He said when the cost per square foot was reduced, he had indicated to the Commission it would be difficult to make that budget and keep the upgraded mechanical. He noted construction costs recently have increased dramatically and they are trying to come up with a GMP, get the construction started, and continue to work to upgrade the systems. Mayor Garvey questioned if the air-conditioning being proposed is energy efficient. Mr. Rowe said it was efficient and not an economy model. Commissioner Berfield questioned when the budget was increased by $475,000 for the upgraded air conditioning, she understood that was a gas air-conditioning system. Commissioner Thomas said he did not discuss how it would be accomplished during his conversation with Mr. Rowe. He said he had requested the very best, most efficient system and Mr. Rowe estimated its cost would be $475,000. Commissioner Thomas expressed concern that Mr. Rowe reduced the mechanicals to get to a cost of $65/square foot. Mr. Rowe indicated approximately $1-million of contingency is included in the overall $16,180,000 cost. Commissioner Thomas questioned if Mr. Rowe used the mechanicals of the building to reduce the square foot cost. Mr. Rowe said they had to deal with the budget. Commissioner Thomas expressed concern with the project’s air conditioning. He questioned if the savings the City would accrue by using gas to cool the buildings would result in a payback of the $709,208 cost to upgrade. Ron MacIlvene of Architect Engineering estimated the life cycle savings from using gas would be just under $200,000. Commissioner Thomas requested that estimate be refigured and based on the City’s cost for gas. Mr. Rowe indicated he will be meeting with Chuck Warrington, Managing Director of the Gas System. Commissioner Thomas noted spaces in the parking garage cost $5,000 each and noted 54 spaces could be added at a 40% reduction in that cost. Mr. Rowe agreed that would be a good bargain. He said the garage will not be built until August and indicated if the dollars are available then, the extra spaces will be added. Commissioner Deegan referred to the new inclusion of the print shop for $139,621. He questioned if 3,000 square feet would reduce the 498 spaces. Mr. Rowe said 498 spaces results from this change and a loss of 16 spaces. Commissioner Fitzgerald referred to the $2-million bid for Phase I work that includes site preparation, foundations, and building frames for the administration and police buildings. He noted the garage is not mentioned and questioned if the garage is not included in Phase I. Mr. Rowe said the garage is not in Phase I because it cannot be started until the present Police building is razed. Commissioner Fitzgerald questioned if the $15,875,000 GMP includes the garage. Mr. Rowe indicated that price includes all four elements: 1) the municipal services building, 2) the Police building; 3) the garage; and 4) upgrading City Hall. Commissioner Fitzgerald pointed out that is not the total cost because it does not include architecture fees. Mr. Rowe agreed and noted listed project costs not included in the GMP also include furniture, tests/inspections, utilities, landscaping, and moving costs. Commissioner Fitzgerald noted the GMP related to construction costs but does not cover all the other fees. He agreed with Commissioner Thomas’ complaint regarding the air conditioning that the system was to have been significantly upgraded to include gas. Mayor Garvey thought the Commission had indicated they wanted the most efficient system but there is a limit on what the City can spend. Commissioner Deegan agreed. He did not recall the Commission indicating it wanted “the very best system possible.” He suggested the Commission had requested a system upgrade but not “the very best.” Commissioner Thomas said the Commission had expressed concern about energy efficiency. Commissioner Deegan agreed with the need for an energy sufficient system but not the absolute best. Alan Bomstein of Creative-Beers said possible upgrades to the air-conditioning system would include an ice storage system or a gas system. Besides those two alternatives, the proposed system is pretty much a top-of-the-line, institutional quality, air-conditioning system with electric, high efficiency, state-of-the-art chillers and appropriate water tower cooling systems. He indicated the ice storage system was discarded because its economy requires the manufacturing of ice during the night using lower priced power. As the Police Department is a 24-hour operation, there is no efficiency in attempting to use low-cost evening power. Mr. Bomstein indicated they reviewed the gas upgrade and will continue to look at it. He stated the upfront cost of gas air conditioning was so extensive that the City could not recover that expense through lower power bills. He noted other logistical problems with gas include a requirement for noise abatement and a remote location for the chillers. Mr. Rowe presented an updated model that includes the amount of glass that will be used and the configuration of the Police building. The exterior skin will be bid in late February. Commissioner Thomas referred to the parking garage and questioned if money is saved, the Commission could pick from a list of things to include. Mr. Rowe agreed. He said he has been working with City departments to pin down where fixed walls will be located, etc. He said that is going well. The City Manager indicated they are staying with the open office plan to allow for flexibility. Ms. Deptula invited the Commission and citizens to a ground breaking ceremony on January 17, 1995, at 1:00 p.m. Commissioner Thomas said he would like to do the base approval before referring to the checklist. Commissioner Thomas moved to approve the Guaranteed Maximum Price of $15,875,000. The motion was duly seconded. Commissioners Berfield, Deegan, Thomas and Mayor Garvey voted “Aye”; Commissioner Fitzgerald voted “Nay.” Commissioner Fitzgerald said he has not agreed with the project all along. Commissioner Thomas moved that, based on savings available, the first area to be improved will be to fill out the garage because of the tremendous discount on the additional parking spaces. Commissioner Deegan recommended first discussing the costs included in the GMP. There was no second to the motion. Commissioner Deegan moved to ensure that the expense for stormproofing the police and administration buildings by using laminated gas is included in the GMP. The motion was duly seconded and carried unanimously. Commissioner Deegan moved that locating the print shop in the garage be included in the GMP. The motion was duly seconded and carried unanimously. Commissioner Thomas requested the City Manager make the decision regarding extra spaces in the parking garage if money is available. Commissioner Deegan recommended spending any savings on project costs not included in the GMP. Commissioner Thomas said the soft costs for furniture etc. are easier to stretch out. He noted hard costs, such as structural components, cannot be stretched out or postponed. Commissioner Deegan agreed that would be important if it is a certainty that the extra parking spaces are as important as furniture or other soft costs. He suggested the Commission cannot choose priorities until “savings” are identified. Commissioner Thomas agreed it was not necessary to address this issue now. He requested information on the payback on savings that would result from an upgrade to the air-conditioning system. Commissioner Berfield questioned if the upgrade of $709,208 was in addition to the $475,000 budgeted for a mechanical upgrade. Mr. Rowe said the $709,208 is the additional cost to install a gas system with a central plant and water chilled coolers. Mr. Bomstein said $475,000 is included in the budget. Upgrading to the gas system would cost an additional $709,208. Commissioner Thomas thanked everybody for their participation on the Municipal Services complex planning. ITEM #20 - Community Relations Board - 2 appointments (CLK) Commissioner Fitzgerald moved to reappoint Jonathon Wade. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Milton Rooks. The motion was duly seconded and carried unanimously. ITEM #21 - Historic Preservation Board - 1 appointment (CLK) Commissioner Thomas moved to appoint Bernard Ferrell. The motion was duly seconded and carried unanimously. ITEM #22 - Parks & Recreation Board - 1 appointment (CLK) Commissioner Thomas moved to reappoint Gary Giordano. The motion was duly seconded and carried unanimously. ITEM #23 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #24 - Other City Attorney Items a) Discussion re proposed Ord. #5751-95 - re DDB - Amending Sec. 2.145 relating to Freeholders' Referenda and Elections, to remove City Clerk as the election supervisor and specify the board use an independent firm This ordinance amends City Code to remove the City Clerk as election supervisor for the Downtown Development Board (DDB) and requires the Board use an independent firm as election supervisor. Mayor Garvey requested a 30-day continuance of another DDB item. Commissioner Thomas moved to continue all discussion on DDB items for 30 days. The motion was duly seconded and carried unanimously. b) Claim for severance pay of Milton A. Galbraith, Jr. Mr. Galbraith’s attorney, F. Wallace Pope, Jr., advised he would defer legal action to collect Mr. Galbraith’s severance pay, interest and attorney’s fees from the City until the Commission can reconsider the matter at today’s meeting. Mr. Pope indicated Mr. Galbraith will accept the full amount of his severance pay, $26,666, plus accrued interest through December 31, 1994, at the legal rate of 12% for $2,375.83, with a daily interest factor of $8.7669. Pursuant to F.S. Sec. 55.03, the interest rate will change effective January 1, 1995, to an amount to be established by the State’s Controller. Mr. Pope indicated Mr. Galbraith will waive his claim to attorney’s fees if the City pays the severance pay and accumulated interest. If the matter cannot be resolved amicably, he will not waive the claim to attorney’s fees. The City Attorney indicated if the City prevails, the City is entitled to attorney’s fees. Commissioner Thomas requested the City Attorney’s legal opinion. He noted information previously received by the Commission from Interim City Attorney Zimmet and labor attorney, Debbie Crumbley, indicated Mr. Galbraith is not entitled to severance pay. The City Attorney reported she spoke with Mr. Zimmet and Ms. Crumbley, read their letters, and reviewed the contract. She indicated there is the possibility that the City would not prevail. She said the City’s chance of winning is more than 50% but not 99%. Commissioner Thomas questioned the City’s position on a scale of one to ten. The City Attorney said it was difficult to pick a number but suggested the case is stronger than 50% and might be 60%. Commissioner Fitzgerald questioned if there was another way to address the issue. The City Attorney indicated the City could mediate it pre-suit. Commissioner Berfield questioned if the court would direct mediation if no mediation occurs pre-suit. Ms. Akin agreed the court would probably make such a ruling. She said it was a matter of if the Commission wants to mediate before expenses or after the City is already in litigation. Commissioner Berfield recommended mediating ahead of time. Mayor Garvey expressed concern mediation would require the City to concede something. Commissioner Thomas said the mediation would be non-binding and indicated he preferred the matter be mediated now. The City Attorney indicated the mediator does not take the decision away from the City Commission. If the Commission is not open to a compromise, she said mediation at this point will not have a purpose. Commissioner Berfield questioned if pre-suit mediation does not resolve the problem, will the court direct additional mediation. The City Attorney indicated that was possible. Commissioner Deegan said if the City Commission is not of a mind to compromise, then mediation at this point makes no sense. He said he was not interested in a compromise and would not recommend voluntarily entering mediation. Commissioner Berfield agreed it would be best to delay mediation until after the suit is filed. The City Attorney questioned if the Commission wanted her to respond to Mr. Pope that the City is not interested in settling or making payment to Mr. Galbraith and he should do what he feels appropriate. Commissioner Deegan and Mayor Garvey agreed. Commissioner Fitzgerald favored pre-trial mediation. Commissioner Thomas said it made sense to not prejudge the case. He recommended mediation be the first step before litigation in court. He indicated compromise does not always result in a 50-/50 decision. Commissioner Berfield questioned if Mr. Galbraith or his attorney had indicated an interest in mediation. Ms. Akin indicated she has not received any indication of such interest. There was majority agreement that the City Commission is not interested in pre-trial mediation. The City Attorney will inform Mr. Galbraith and his attorney that the City Commission has not changed its position. Attorney/client meetings The City Attorney requested four attorney/client meetings be scheduled. A session regarding Scientology will be set on January 5, 1995. The meeting regarding Patrick Media was scheduled for January 17, 1995 at 11:00 a.m. The meeting regarding Amza Abdullaj was scheduled of January 30, 1995 at 11:00 a.m. and the meeting regarding Walter Bryan was scheduled for February 2, 1995 at 5:00 p.m. ITEM #25 - City Manager Verbal Reports a) Request from the NAACP to approve closure of Cleveland Street for Martin Luther King parade The Clearwater / Upper Pinellas Branch of the NAACP requests the City again co-sponsor activities associated with the 11th Annual Observance of the Dr. Martin Luther King, Jr. Holiday. They request a waiver of insurance requirements and charges for City services relative to the January 16, 1995 march. Planned activities include: 1) Prayer Breakfast at the MLK Center; 2) The March from the MLK Center to Coachman Park; 3) Public Rally at the Coachman Park Bandshell; and 4) Use of the MLK Center for other daytime activities. A special events' application is being processed and the organization is coordinating with the Florida Department of Transportation for necessary road closure permits. The Mayor noted the City Commission approved the co-sponsorship and waiver of City fees for the Martin Luther King Events on October 17, 1994. Commissioner Thomas moved to approve the necessary road closures for the Martin Luther King parade. The motion was duly seconded and carried unanimously. b) East Advanced Pollution Control Facility South Interceptor Pipe Rehabilitation Project - Phase II The City Manager indicated the project had been completed and Alan Stowell signed off that it had been done to his satisfaction. She indicated this was an information item. c) Removal of Raised Island located at Pierce Street and City Hall driveway City Engineer Rich Baier recommended removal of the small raised island because it serves no purpose, is not landscaped, does not meet minimum ADA standards or serve as a pedestrian refuge. Complaints have called this an obstacle. This is an information item. Commissioner Thomas recommended addressing the broken curbs by widening the exit from the north staff parking lot when the work crew is at City Hall. The Mayor suggested the Engineer review the parking lot’s layout with the scheduled addition of fire exits to City Hall. Sign recognizing Herb Brown The City Manager reported staff contacted Don Bredburg regarding including special recognition of Herb Brown for his position as President of Rotary International for the next year on the sign listing local civic associations on Courtney Campbell Causeway. They have declined doing any special recognition for any one person on the sign. She questioned if the Commission wishes to pursue special recognition of Mr. Brown. Commissioner Thomas questioned how often the City has a citizen who is globally recognized and president of a world-wide organization. He said this was a rare honor and recommended putting that on the City limit sign for the year he is president. Commissioner Berfield questioned if there was any reason that could not be included on the “Welcome to Clearwater” signs. The City Manager indicated staff can look at ways of doing it. Commissioner Thomas moved to have a sign at the city’s entrance saying “Home of Herb Brown, President of Rotary International.” The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Fitzgerald, and Thomas voted “Aye”; Commissioner Deegan and Mayor Garvey voted “Nay.” Motion carried. Recycling The City Manager stated the Solid Waste Department will be proceeding with recycling telephone books. She noted the project is not cost effective but will be instituted based on the “greater good,” concern for the environment, and the issue of recycling. Residents want to do it. Emergency Management The City Manager reported Emergency Management will now be coordinated by the Fire Department with James Goodloe primarily responsible for the operation. ITEM #26 - Commission Discussion Items a) Sign Designation to Clearwater The City Manager indicated Commissioner Thomas had sent a memo on December 1, 1994, requesting staff video tape all of the signage within a 30-mile radius of Tampa on I-75, I-4, and US 19. He recognized this would take more than eight hours and requested the Commission discuss it. Commissioner Thomas said he believes almost no signage designates Clearwater and wanted to make a case before the Florida Department of Transportation (FDOT). The Mayor suggested it would be just as easy to note the signs when driving. Commissioner Thomas indicated he wished to build a legal case should FDOT not want to cooperate. Mr. Baier said he had begun an aggressive dialogue with the FDOT. He felt with further effort and documentation additional signage may be approved. He said he had a meeting planned with FDOT next week and will submit the application staff is putting together. He said the City is working with FDOT on a project where the City is recommending some overhead signs. The Mayor recommended letting Mr. Baier continue working with FDOT. Commissioner Thomas said he had no problem with what Mr. Baier is doing and did not mind waiting. He expressed concerns with installing signage on I-75 and I-4 for tourists before they arrive at SR 60. Mr. Baier said he went to FDOT and received a copy of a recent extensive study on signing and tourism. He noted the request to add signage on Interstate roads was mentioned in the study. Commissioner Deegan noted his copy of Mr. Baier’s White paper did not include a conclusion. Mr. Baier read the conclusion, “The criteria as set forth by Florida administrative codes for both limited and non-limited access roadways are very stringent to accomplish those goals as explained within the introduction. Subsequent to a field review and meeting with FDOT, District VII, I believe I will, with some effort and City management support, be able to gain a permit for beach destination signing along US 19, a non-interstate facility. Regarding interstates, the city of Tampa had made a formal request to waive these rules to procure additional supplemental guide signing earlier this year (1994). After much expense, the city was ultimately denied by FDOT both district and central offices and Federal Highway Administration (FHWA). Although unpleasant and not the desired outcome, I believe the City of Clearwater would face a similar predicament.” Commissioner Deegan noted Commissioner Thomas does not want to pursue legal remedies until the City has explored all other alternatives. Commissioner Deegan referred to a recent newspaper article that indicated Tampa would be posting hundreds of signs throughout the City directing visitors to the new aquarium. He questioned how to get Clearwater beach on the same par as Tampa’s aquarium. Mr. Baier stated he will find out about Tampa’s plans. A copy of Mr. Baier’s conclusions regarding the sign issue will be forwarded to the Commission. b) Neighborhood Advisory Committee The City Clerk noted the ordinance the Neighborhood Advisory Board (NAC) referred to in their annual report did not address NAC specifically. The ordinance, a rewrite of the general advisory board code, removed the term “committee” from the code. Unlike the Environmental Advisory Board, no ordinance specifically addressing NAC has been adopted. Current NAC members were appointed by the Commission in the same manner as most advisory boards. NAC was established due to a previous CDBG requirement and no ordinance was adopted that specified terms, etc. Therefore, no appointed members have set terms. An ordinance is being developed to address this issue. The Economic Development Director’s proposal to fill current vacancies by merging NAC with the Affordable Housing Committee has not come forward to the Commission for discussion and approval. The Affordable Housing Advisory Committee was established by Resolution #94-7 to address requirements of the SHIP (State Housing Initiatives Plan) program. Its members were appointed by the Commission. Economic Development Director Alan Ferri felt this committee, which only meets once a year, was established for a specific task of limited duration. Mayor Garvey questioned if term limits had been established for the Affordable Housing Advisory Committee. Mr. Ferri indicated the Commission’s authorization for that Committee expired June 1994. Commissioner Thomas questioned if the City Attorney was familiar with the issue. Ms. Akin noted she was not but would locate the ordinance and review the matter. Mayor Garvey questioned why the Affordable Housing Advisory Committee, mandated by State law, was not renewed. Mr. Ferri noted the Committee only needs to meet once a year. Commissioner Thomas questioned if the Commission needs to reauthorize the Committee. Mr. Ferri felt merging the functions of the two committees will satisfy the City’s needs. c) Presentation - Video promoting Clearwater Beach Bob Gardeski presented a video of his “Gulf Boulevard” show focusing on Clearwater Beach events and visits to beach hotels and restaurants. The show, hosted by Mr. Gardeski and Lisa Schultz, also visited the Long Center and covered the Turkey Trot and Special Olympics. He wanted to showcase his video at the National Association of Television Program Executive (NATPE) Convention to be held in Las Vegas from January 23-26, 1995 to develop relationships with those who buy and sell programming and syndicate the show around the country. He indicated the show has been airing in Milwaukee, WI, for the past two years. He requested a grant from the City of $2,400 for a membership fee and Convention booth to promote the show. Mr. Gardeski said he and Ms. Schultz will pay their own travel and lodging expenses. He said the show airs Saturday afternoons on Vision Cable. Commissioner Thomas questioned if the film could include Clearwater beach in the title. Mr. Gardeski said the show focuses on Clearwater beach and its atmosphere. Commissioner Thomas said this is would be a good way for the City to promote Clearwater beach. The City Manager noted the proposal is to feature this video at a television programming trade show, not a tourist trade show. Commissioner Thomas questioned if Mr. Gardeski hopes to sell and syndicate the show. Mr. Gardeski said he did and noted the show would be a half hour advertisement for Clearwater beach. Commissioner Thomas questioned if the show would be picked up as "Gulf Boulevard” or as "Clearwater Beach." Mr. Gardeski said the name could be changed. Commissioner Thomas said he could support the concept if "Clearwater Beach" is included in the title. Mr. Gardeski agreed to the change. Commissioner Berfield questioned what Mr. Gardeski is requesting. Mr. Gardeski noted the booth costs $1,800 and membership to attend $325. Commissioner Thomas questioned what percentage of his costs was Mr. Gardeski requesting. The Mayor questioned what percentage the City would get if the show is sold. Mr. Gardeski said he was requesting $2,400 and was willing to reimburse the City if the show makes it. Commissioner Thomas requested the song be changed to encourage visitors to Clearwater beach. Mayor Garvey questioned if Mr. Gardeski would accept the money as a loan from the City payable if the film is sold and/or syndicated. Mr. Gardeski agreed. Commissioner Fitzgerald said he was uncertain about the proposed action. Mr. Gardeski said his 30 minute television has been airing for three years on Vision Cable, TCI and in Milwaukee, WI. Commissioner Fitzgerald questioned if Mr. Gardeski planned to promote a 30 minute program at the Las Vegas convention with the intent of selling it to the television industry. Mr. Gardeski said he hopes the show will be picked up by independent syndicators who will be attending. He said each show is structured to include three events. Commissioner Berfield questioned if Mr. Gardeski would be willing to negotiate a contract with the City allowing the City to have a say about the programming to protect the City's good image. Mr. Gardeski said that would be fine with him. Commissioner Thomas suggested developing some guidelines. Mr. Gardeski said he recently interviewed Water Safety Supervisor Joe Lain and Chuck Pollick presents regular editorials on the show. Commissioner Deegan moved to lend Mr. Gardeski $2,400 subject to payback from any proceeds from syndicating the show and to include Clearwater Beach in the show’s title. The motion was duly seconded. Commissioner Berfield questioned if the agreement would include the ability of the City to review the video they will be presenting. Commissioner Deegan recommended coming back and discussing the agreement further if the show is syndicated. Commissioner Berfield noted if the show is syndicated and the loan is paid, the City will lose control over what is shown. Commissioner Deegan recommended those discussion occur after the convention. Commissioner Thomas requested Mr. Gardeski make the shows available for the City's new television station, Channel 35. Mr. Gardeski said he would be happy to do that. Commissioner Deegan questioned how Mr. Gardeski arrived at the $2,400 figure. Mr. Gardeski said admission is $325, a booth is $1,800, and other hidden costs. He noted the $2,400 would not cover all costs. Upon the vote being taken, Commissioners Berfield, Thomas and Deegan and Mayor Garvey voted "Aye"; Commissioner Fitzgerald voted "Nay." Commissioner Fitzgerald said he did not understand what the Commission hoped to accomplish and expressed concern about "opening Pandora's box." ITEM #27 - Other Commission Action Commissioner Berfield referred to the December 22 letter from Northwood Estate resident Margaret Murphy regarding the distribution of a free newspaper. Ms. Murphy advised Commissioner Berfield that she had requested distribution to cease. Commissioner Berfield referred to a request from George and Linda Burtch regarding keeping the Buccaneers in Tampa. She questioned if there had been any indication a group would be looking to the City to help with this quest. A letter of support and a Proclamation were sent from Mayor Garvey. Commissioner Thomas indicated he replied with a suggestion. Commissioner Thomas congratulated the City Manager and audit staff for the GTE telecommunication audit that netted the City $415,000. He indicated they did an outstanding job. Commissioner Thomas referred to road construction problems in the Glenwood Subdivision. He indicated that is the most abysmal piece of work he ever saw a contractor do for the City. He noted his appreciation to the City Engineer for addressing the issue. Commissioner Thomas referred to the proposal to create a homeless shelter at the FOP building in Downtown Clearwater. Commissioner Deegan indicated he had requested information from the City Manager because the Task Force wanted to find out if there was a problem with the proposal regarding zoning, etc. Commissioner Thomas noted his opposition to putting a homeless shelter in Downtown Clearwater. Mayor Garvey felt the City already has enough transients and homeless in Downtown Clearwater and did not think more were needed. Commissioner Thomas requested the City Manager and City Attorney review procedures for dealing with vagrants. He wants to avoid the Post Office closing its lobby at night due to vagrancy problems. He noted American cities are being more successful in dealing with the issue. Commissioner Deegan disagreed with Commissioner Thomas’ assessment of this issue but will discuss it at another time. Commissioner Deegan thanked City resident, Joel Campbell, for his phone call complimenting the work and attitude of a City crew and supervisor who unclogged a sewer line promptly. He recommended letting the public know when the Commission receives positive comments about staff. Commissioner Deegan referred to minutes from the November 29, 1994 meeting, and questioned the City’s response regarding the Comedy Hall of Fame. Ms. Akin indicated a response to their letter of intent was sent. She noted they are looking at another location. Commissioner Deegan questioned the response following the Comedy Hall of Fame’s public presentation to the Commission. He noted all who heard the presentation were satisfied. Community Redevelopment Agency (CRA) Executive Director, Peter Gozza, noted the Commission had approved the CRA working with the Comedy Hall of Fame and Kimberly Enterprises to put together a development agreement. He indicated staff proceeded to do that. He noted the Commission also requested staff look at a piece of property owned by the City near the Annex as temporary space. He said staff found the space and forwarded a copy of a prepared lease to the Comedy Hall of Fame. He said staff then found out the Comedy Hall of Fame was getting presentations from the city of St. Petersburg. Mr. Gozza indicated the City is waiting to hear back from them. Commissioner Deegan questioned what the City’s response had been. Mr. Gozza stated a letter of intent was sent, indicating at the November 29, 1994 meeting, the City Commission approved working with the Comedy Hall of Fame and Kimberly Enterprises to work toward putting together a development agreement for both parties on the East End site. Commissioner Deegan requested staff copy the Commission on responses they have requested. Commissioner Deegan questioned the status of the rewrite of the scope of work for David Cardwell. The City Attorney reported she expected to receive something this week on a revised scope. She noted a concern regarding details about attendance at City Commission meetings. Mr. Gozza indicated he spoke with Mr. Cardwell and advised him not to spend any more time working on any type of agreement with the Comedy Hall of Fame until they decide where they want to locate. Mayor Garvey questioned the status of the visual preference survey. Peter Gozza reported meetings had been scheduled on January 10, 12, 17 and 18 at 5:30 p.m. except the meeting on January 17, 1995 will follow the Downtown Partnership meeting. He indicated different categories of people are being invited to participate in the meetings and complete the survey. He indicated Vision Cable, Channel 9, scheduled 25 slots to air the meetings. He said arrangements have been made to collect the survey forms from the City’s library branches. The Chamber of Commerce has agreed to assist by distributing them. Commissioner Deegan noted a reporter did extensive interviews of Commission members on this topic. He indicated the article should be positive. Commissioner Deegan noted a newspaper article had indicated the contract with Globe Facility Services (GFS) would be discussed today. Ms. Rice reported the item has been agendaed for January 5, 1995. Mayor Garvey noted the Clearwater Jazz Holiday explained that the event is becoming more popular and expensive. They requested the City increase their contribution to $25,000 for October 1995, or permit them to sell beer at the event. Commissioner Thomas noted the last time the Commission addressed the sale of beer and wine at the Jazz Holiday, the proposal lost. He noted the Commission had indicated their preference to increase the donation to the Jazz Holiday rather than sell beer and wine. Ms. Rice said this contribution would be included in next year’s budget. Commissioner Deegan said he would look favorably on a $25,000 contribution. The issue was agendaed for January 17, 1995. Commissioner Berfield distributed an article regarding Wester Reserve’s plans to build space in Park Place Mayor Garvey noted a Japanese student who stayed at the Mayor’s home in 1982 and now works for a travel agency in Japan, forwarded a brochure from Tokyo’s largest travel agency that offers four package tours combining Orlando with Clearwater beach. ITEM #28 - Adjournment The City Commission adjourned at 3:50 p.m.