Loading...
11/02/1995 CITY COMMISSION MEETING CITY OF CLEARWATER November 2, 1995 Present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner William Justice Commissioner Robert Clark Commissioner-elect Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Rich Baier Engineering Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter Absent: J. B. Johnson Commissioner The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor David Smith of Faith United Church of Christ. The Mayor led the Pledge of Allegiance. Farewell to Commissioner Justice Commission members presented farewell gifts to Commissioner Justice and recognized his family. He hoped he had been of service to the City and said his tenure had been a pleasure. In farewell, he played "Just Because" on his harmonica. The Commission recessed from 6:13 to 6:19 p.m. Commissioner Justice left the meeting. Oath of Office Administered The City Clerk administered the Oath of Office to Commissioner Clark. The Mayor introduced his family members who were present at the meeting. The Commission recessed from 6:21 to 6:22 p.m. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards Proclamations: Shriners Hospital Benefit Days - November 3 - 4, 1995. ITEM #5 - Presentations Ream Wilson, Parks & Recreation Director, read a proclamation from Governor Chiles proclaiming Clearwater Memorial Causeway as an official Florida Greenway in the urban category. The Mayor thanked the Parks & Recreation Department for keeping the causeway well maintained. Jeff Harper, Information Management Director, reported C-View TV received a gold medal in a communications competition with corporations for the video, "Clearwater, Florida, One Great Place." The Mayor thanked C-View TV staff for the superb efforts. Reverend Walter Campbell reported Clearwater Neighborhood Housing Services' (CNHS) Partnership '95 plans to paint 23 houses on Saturday, November 4, 1995. He stated City departments are working with CNHS and C-View TV will cover the event. He indicated some houses will need extensive repairs which will be completed after Saturday. ITEM #6 - Approval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of October 19, 1995, and the special meeting of October 19, 1995, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Robert Roperti, owner of Jiffy Reprographics, expressed concern regarding recurrent flooding problems in front of his business at the corner of Garden Avenue and Chestnut Street. His insurance company will no longer cover flooding losses. City Engineer Rich Baier said Post Buckley Schuh & Jernigan, Inc. Is expected to deliver a plan to address this problem within one week. Mr. Roperti questioned how long the project will take to implement. Mr. Baier said the time frame depends on the plan and if permitting problems occur. Mr. Roperti also recommended removing metered parking on Garden Street between Court and Chestnut Streets and replacing them with one-hour parking signs. PUBLIC HEARINGS ITEM #8. - Variance(s) to Sign Regulations for property located at 2650 Countryside Blvd., Sec. 29-28-16, Rustlewood Condominium (Rustlewood Condominium Assoc., Inc., SV95-43) The applicant is requesting the following variances: 1) an area variance of 5.3 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 29.3 square feet on the Countryside Boulevard frontage and 2) an area variance of 8.1 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 32.1 square feet on the SR 580 frontage. The subject property is located on the southwest corner of Countryside Blvd. and SR 580 and is zoned Multiple Family Residential 16. The variance is requested to permit the existing freestanding signs to remain. Rustlewood Condominium fronts two major thoroughfares, Countryside Blvd. and SR 580. According to the City's sign code, the Condominium is permitted a 24 square foot freestanding sign oriented to each thoroughfare. The sign at the main entry on Countryside Blvd. is 29.3 square feet, 22% larger than code allows. The sign at the intersection of SR 580 and Countryside Boulevard is oriented to SR 580 and is 32.1 square feet, 34% larger than allowed by code. Staff feels special circumstances exist which support approval of the variances. Countryside Boulevard has four lanes and SR 580 has six. Both divided roads have turn lanes. The existing signs are not out of character or scale with these roads. Given roadway conditions, the requested variances are minimal. The permitted 24 square foot area represents the strictest freestanding sign size in the City. The Countryside Blvd. sign is only 5.3 square feet larger than permitted, and the SR 580 sign is only 8.1 square feet larger. To require alteration or replacement of these signs would impose a hardship upon the applicant that would be great in comparison to the benefit derived by the public. Laura Rayburn, attorney for the applicant, verified photographs of the property presented her by Central Permitting Director Scott Shuford. She noted the signs have been in existence for a number of years. She said the roads bordering the property are wide and smaller signs would be difficult to see. Commissioner Berfield moved to approve the following variances: 1) an area variance of 5.3 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 29.3 square feet on the Countryside Boulevard frontage, and 2) an area variance of 8.1 square feet from the permitted 24 square feet to allow a freestanding sign with an area of 32.1 square feet on the SR 580 frontage, on property identified as Sec. 29-28-16, Rustlewood Condominium, for meeting Sec. 45-24 Standards for Approval, items (1)-(4). The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #9 - (Cont'd from 10/19/95) Ord. #5918-95 - Land Use Plan Amendment to Commercial General for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, LUP95-27) The City Attorney presented Ordinance #5918-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5918-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Clark and Garvey "Nays": None. Absent: Johnson. ITEM #10 - (Cont'd from 10/19/95) Ord. #5919-95 - CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, Z95-08) The City Attorney presented Ordinance #5919-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5919-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Clark and Garvey "Nays": None. Absent: Johnson. CITY MANAGER REPORTS CONSENT AGENDA (Items #11-15) - Approved as submitted ITEM #11 - Purchase of Human Resources & Payroll software, 96 training units, 1st year maintenance, & related implementation costs from PeopleSoft, Inc., Walnut Creek, CA, at an estimated $282,505; approve estimated $28,185 for purchase & installation of frame relay communications equipment from General Telephone Company of Florida; approve estimated $45,720 for purchase of 13 micro computer workstations from Dell Computer; approve estimated $171,810 for Digital Equipment Corp. AXP hardware; for a total estimated $528,220; financing of the computer equipment ($229,068) to be provided under City’s master lease-purchase agreement (FN) ITEM #12 - Contracts for purchase of vehicles to: Don Reid Ford, Inc., Maitland, FL, Twenty-Two marked 1996 Ford Crown Victoria patrol units, for $458,936 and Five 1996 Ford Taurus 4-door intermediate sedans, for $78,290; Plaza Jeep-Eagle-Isuzu, Leesburg, FL, Three 1996 Eagle Vision 4-door full-size sedans, for $50,864.65; Regency Dodge, Inc., Jacksonville, FL, Seven 1996 Dodge Dakota 1/4-ton 4x2 pickups, for $83,481 and Three 1996 Dodge Ram LT 1/2-ton 4x2 pickups, for $41,371; Brandon Chrysler Plymouth Jeep Eagle, Inc., Brandon, FL, One 1996 Jeep Cherokee 4x2 utility vehicle, for $18,391.01; and award an administrative fee of $2,050 ($50/vehicle) to Florida Sheriffs Association, for a total not to exceed $733,383.66; financing to be provided under City’s master lease-purchase agreement (GS) ITEM #13 - Contract to purchase replacement lighting equipment for Frank Tack Park to Hughes Supply, Inc., for $55,000 (PR) ITEM #14 - C.O.#1 to Del Oro Storm Replacement Contract to Overstreet Paving Co., Largo, FL, increasing the amount by $90,065, for a new total of $964,286.75; and approve a time extension of 120 days (EN) ITEM #15 - Contracts for demolition of commercial structures at 1171-1175 Cleveland Street & 900 Chestnut Street to Terra Excavating, Inc., Largo, FL, for $33,197; to Lang Engineering of Tampa, FL, for 900 Chestnut asbestos removal for $80,544; to Occupational Health Conservation, Inc., Tampa, FL, for 900 Chestnut observation of asbestos removal for $6,085; for a total $119,826 (EN) Commissioner Thomas moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #16 - Contract to construct the Countryside Community Recreation Center Building to Bollenback Builders, Inc., for $1,424,678; prepare change order to reduce the cost to $1,399,678; authorize additional funding and approve Agreement with Florida Power Corp. for City to park cars on the adjacent utility right-of-way (PR) The City has a budget of $1,377,000 for this project. Of this amount, $135,000 is earmarked for architectural and engineering soft costs and $1,242,000 is available for building construction. The low bid is $1,424,678, resulting in a shortfall of $182,678. Staff met with project architect, Robert Bitterli, and low bidder, Ken Bollenback of Bollenback Builders, Inc., to determine if cost savings could be achieved through value engineering without jeopardizing the building's usability and attractiveness. It was determined the project could be reduced by $45,500. A $20,500 fire sprinkling system needs to be added, resulting in a reduction change order in a net amount of $25,000. Staff feels a contingency of $45,000 should be added to cover miscellaneous costs not associated with this contract and other change orders which may be required in the future. If a reduction change order and the additional contingency are approved, the total shortfall will be $202,678. To cover this shortfall, staff recommends transferring $202,678 from the CIP Project for the construction of a bike path connecting Cliff Stephens Park and Eddie C. Moore Recreation Complex. The public has not expressed great demand for that project. The City's intention always has been to provide most of the center's required parking on the adjacent Florida Power Corporation (FPC) right-of-way. An agreement between FPC and the City will allow the City to park cars on the right-of-way for an initial annual fee of $6,000 plus tax, which is included in this year's operating budget. This yearly fee may be recalculated and adjusted as long as the City uses the property. If the Commission approves this contract, construction will begin as soon as permits can be obtained. The center's anticipated opening date is August 1, 1996. Mr. Bitterli, President of Bitterli and Associates Architects, Inc., said the cost of the building had been well estimated and came in under budget. The site work will cost more than double the estimate. He said the contractor, Bollenback Builders, Inc., is well suited to the project. Commissioner Thomas expressed concern the original concept for this project, over two years ago, was estimated to cost $1-million. Ream Wilson said the project originally budgeted $0.5-million for the building and $0.5-million for a swimming pool. The neighborhood requested a $1.2-million project. He said inflation has caused the price to increase to $1.424-million. In answer to a question, he indicated he would recommend this same project today. Commissioner Berfield noted Assistant City Attorney John Carassas' concern regarding the City being responsible for Florida Power Corporation's attorney fees if they should prevail in a dispute regarding the right-of-way. The City Attorney said the City had requested changing that provision but Florida Power declined. Commissioner Berfield questioned the type of conflicts that could arise. The City Attorney indicated conflict could occur regarding the terms of the agreement, the sum due, etc. She did not think the risk is high. Commissioner Berfield expressed concern that clause could hurt the City. Commissioner Clark questioned future plans for the canceled bicycle paths. Mr. Wilson said staff will request funds from Penny for Pinellas. Commissioner Berfield questioned if adequate funds are available from Penny for Pinellas for the bicycle path. Commissioner Thomas expressed concern the City's portion of Penny for Pinellas already had been committed to the new Memorial Causeway bridge. The City Manager said the bridge would not consume the City's entire allotment, if the tax is extended. Every year staff reviews the allocation. Art Kader, Assistant Director of Parks & Recreation, said funds would be available for the bicycle trail within the next two years. Commissioner Thomas moved to award a contract to construct the Countryside Recreation Center to Bollenback Builders, Inc. for the sum of $1,424,678 which is the lowest, most responsive bid submitted in accord with plans and specifications; instruct staff to prepare a change order to reduce to cost to $1,399,678; authorize additional funding and approve Agreement between the City and Florida Power Corporation for the City to park cars on the adjacent utility right-of-way and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Thomas and Clark and Mayor Garvey voted "Aye"; Commissioner Berfield voted "Nay." Motion carried. Commissioner Berfield noted that while she was for the project, she was against the agreement with Florida Power as currently written. ITEM #17 - Amendment to existing contract with Rowe Architects, Inc. to provide architectural services associated with telephone, data & TV cabling interconnecting the new Municipal Services building, the new Police Headquarters building, the new garage building, the existing Fire Department Headquarters & the existing City Hall building for $77,000; and Amendment to existing contract with Creative-Beers contractors calling for construction - installation of the interconnecting network for $712,295 resulting in an increase to existing guaranteed maximum price from $15,875,000 to $16,587,295 (CM) The Municipal Services and Police Headquarters buildings are scheduled for completion on March 21, 1996. Construction of the parking garage will begin after the Police Headquarters building is completed and the existing police facility is razed. These buildings will be delivered with all electrical wiring. Only chases and runs are included to accommodate the voice/data/TV cabling determined necessary for City purposes. City operations are complex. Cabling within the buildings and the interconnection between buildings will take time to complete. If accomplished after the City's receipt of the buildings, move-in will be delayed several weeks. The work is of such volume that the building contractor will not allow this cabling work to interfere with his completion of the building. Because of time-frames and a desire to have the building contractor responsible for the cabling work, staff feels it is best to accomplish the work by amending the contracts with the City's existing architect and builder. Along with the work within each new building, the three new buildings will be interconnected with the Fire Department Headquarters and City Hall. In the future, this work is designed to interconnect with the Harborview Center, the Library, the Pinellas County Emergency Operations Center, the Pinellas County Geographical Information System, and the City radio communication tower at Lakeview and Prospect Streets. Commissioner Thomas questioned why the cabling was not included in the original bid. Assistant City Manager William Baker said staff had anticipated the cabling would be included in the computer project. Commissioner Thomas questioned if the Information Services budget for computers would be reduced by the same amount. The City Manager indicated neither the basic bid for the Municipal Services complex nor the computer presentation included the cabling. She accepted responsibility for the oversight. Commissioner Berfield expressed concern the City Commission would be blamed for this overage. She said telephones have not been budgeted either. Commissioner Thomas moved to approve an amendment to the existing contract with Rowe Architects, Inc. to provide architectural services associated with telephone, data and TV cabling interconnecting the new Municipal Services building, the new Police Headquarters building, the new garage building, the existing Fire Department Headquarters and the existing City in the amount of $712,295 resulting in an increase to the existing guaranteed maximum price from $15,875,000 to $16,587,295 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #18 - Res. #95-80 - requesting federal assistance in the restoration of beaches in Pinellas County (CM) Jim Terry of the Pinellas County Engineering Department has requested the City Commission pass a resolution requesting federal assistance in the restoration of Pinellas County beaches. As lead agency for all beach restoration in Pinellas County, the County Engineering Department will forward the City's resolution with similar ones from other local municipalities to the appropriate parties. Commissioner Thomas moved to request federal assistance in the restoration of Pinellas County beaches and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-80 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-80 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Clark and Garvey "Nays": None. Absent: Johnson ITEM #19 - Joint Project Agreement with FDOT to install natural gas mains for relocation during widening project of SR 584 from W of Curlew Road to 400’ E of Gim Gong Road, at an estimated $630,000; Res. #95-81 - authorizing execution of agreements for installation & acceptance of new City facilities; and authorizing placing of funds with FDOT for completion of the utility installation (GAS) The Florida Department of Transportation (FDOT) plans to widen SR 584 from 400 feet East of Gim Gong Road to Curlew Road beginning January 1, 1996. According to the Joint Project Agreement (JPA), the project's general contractor will relocate the gas mains, resulting in the work being done promptly and releasing Clearwater Gas System (CGS) from penalty payments because of delays. The agreement requires the general contractor to be responsible for restoration costs. This JPA provides labor only at an estimated cost to CGS of $630,000 to be funded by Pinellas Gas Line Relocation Bond Issue. CGS will provide gas materials to this project from existing inventory. These materials will be issued from the appropriate inventory codes and charged as Pinellas, Gas Line Relocation Bond Issue. A first quarter budget amendment will transfer $630,000 from Gas Revenues, Pinellas Phase II Gas Line Relocation. The transfer of Gas Revenues for this project is a loan from the City's cash pool, and is anticipated to be an interim solution as these moneys will be reimbursed to the Gas Fund once new bond moneys are available and the Gas System Bond Funds are established.. Commissioner Berfield moved to approve a Joint Project Agreement with the State of Florida's Department of Transportation to install natural gas mains for relocation during the widening project of State Road 584 from West of Curlew Road to 400 feet East of Gim Gong Road at an estimated cost of $630,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-81 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-81 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Clark and Garvey "Nays": None. Absent: Johnson ITEM #20 - First Reading Ord. #5943-95 - extending cable franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to 02/01/96 (CM) The franchise agreement with Time Warner Entertainment/Advance Newhouse Partnership (TWE/AN) expired February 21, 1995. The franchise was extended for six months to August 21, 1995, and then for an additional three months. The City was negotiating a new franchise with Vision Cable until ownership of the franchise was transferred to TWE/AN. The transfer and organizational changes at TWE/AN have prolonged negotiations and additional time is needed. The ordinance extends the present franchise agreement for an additional three months to February 1, 1996. TWE/AN has indicated agreement with this extension. Commissioner Thomas moved to approve extending the term of the franchise agreement for Time Warner Entertainment-Advance/Newhouse Partnership by three months to February 1, 1996, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5943-95 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5943-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Clark and Garvey. "Nays": None. Absent: Johnson ITEM #21 - Parks & Recreation Board - 4 appointments (CLK) Commissioner Thomas moved to appoint Bernard Panush and Gary Meritt for terms effective immediately and to appoint Freda Clayton and Lawrence Linder to terms effective December 1, 1995. The motion was duly seconded and carried unanimously. ITEM #22 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #23 - Resolutions a) Res. #95-79 - Assessing owners of property the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #95-79 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-79 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Clark and Garvey "Nays": None. Absent: Johnson ITEM #24 - Other City Attorney Items Attorney/Client Session The City Attorney requested an attorney/client session regarding the City of Clearwater and Sid Klein, Chief of Police, versus Church of Scientology, Flag Service Organization, Inc. be scheduled for November 13, 1995 at 1:00 p.m. Consensus was to so schedule. Review of opinion regarding DDB responsibility for CRA incremental tax The City Attorney referred to a letter from attorney David Cardwell regarding incremental taxes due the Community Redevelopment Agency (CRA). Mr. Cardwell expressed an opinion that the DDB's exemption from paying incremental taxes is not valid. Commissioner Berfield had expressed concern the DDB needs to be aware of this ruling as they currently are determining how to spend their funds. Commissioner Thomas recommended the City Commission indicate concurrence with Mr. Carwell's legal opinion. The City Attorney said she would draft an amendment to the current ordinance. The consensus of the Commission was to accept Mr. Cardwell's opinion that the DDB is responsible for incremental taxes if the City Attorney agrees, once she has the opportunity to research the issue. Commissioner Berfield reported the DDB has a special meeting schedule for November 8, 1995, to review budgeting plans. She said the proposed taxes are greater than the DDB's current available funds. She said the DDB needs to be aware of this legal opinion. In response to a question, the City Attorney indicated she had not looked into charging for back taxes. That may be difficult to do because the exemption was based on a City ordinance. Commissioner Thomas expressed concern the recent DDB decision to extend the contract for their consultant may not be appropriate considering this expense. ITEM #25 - City Manager Verbal Reports a) Update on Chamber of Commerce Building The City Attorney said the contract is progressing for the City to purchase the Chamber of Commerce building. The City Manager said the price is $300,000. Scientology request to close Cleveland Street November 5, 1995 The City Manager referred to a letter from the Scientologists regarding the closing of Cleveland Street between Garden Avenue and Ft. Harrison Avenue on November 5, 1995, from 5:30 to 9:00 p.m. for a street party to celebrate the restoration of the old Bank of Clearwater Building. She indicated the correct time for the street closure should be 5:30 to 11:00 p.m. Commissioner Clark moved to approve a full closure of Cleveland Street between Garden Avenue and Ft. Harrison Avenue on November 5, 1995, from 5:30 p.m. to 11:00 p.m. The motion was duly seconded and carried unanimously. ITEM #26 - Commission Discussion Items a) Placement of rock revetments on Sand Key Mayor Garvey reported she spoke with the Sand Key Beach Association which indicated they wanted a plan in place should the intended renourishment project by the US Army Corps of Engineers (USACE) be delayed. Mr. Baier said Jim Terry, Professional Geologist, Pinellas County Chief of the Coast Management Section, reported the seawalls on Sand Key are in good condition and does not recommend the placement of rip-rap there. He had stated Pinellas County will not assist the City with funding which he estimated would cost $1-million. Mr. Baier said rip-rap is beneficial when placed before a sea wall in poor condition. Rip-rap, placed in front a sea wall in good condition, would not help the situation. He said the City could have the permits in hand for this project should the State delay the beach renourishment project but that will take staff away from work included in the Engineering Department's five-year plan. Mayor Garvey questioned how long the permits would take to prepare. Mr. Baier said that depends on questions the State asks. He said if staff tampers with the seawalls, the City may be liable for future damage. He estimated permits for the project would cost between $3,000 and $8,000. Commissioner Berfield questioned why rip-rap would not be a safety feature for a stable seawall if it would protect one in poor condition. Mr. Baier said he is uncertain the City would be able to convince the State that rip-rap is necessary. He reiterated another project would have to be delayed if staff pursues this one. Mayor Garvey noted some areas on Sand Key are more threatened than others. Commissioner Berfield questioned what action Clearwater can take if the City does not receive USACE assistance in 1997. Mr. Baier cautioned the Commission about the City accepting responsibility for private seawalls. In answer to a question, Mr. Baier said residents have as good a chance as the City regarding obtaining State permits. The City would assist any private effort. Mr. Baker suggested the City hire a Coastal Engineer to provide an opinion regarding protection of the seawall. Mayor Garvey said Sand Key residents believe a "stop-gap" measure needs to occur. She supported hiring a Coastal Engineer for a professional opinion. Mr. Baier suggested the project could involve the government assisting private property owners on a share basis. Commissioner Thomas did not support placement of rip-rap on the beach. He supports building a jetty to allow sand to accrete. He said the problem with beach renourishment is the difficulty in retaining the sand. Mayor Garvey questioned if a State permit would be required to build a groin or jetty. Mr. Baier said a jetty built south of the current one would starve beaches to the North. Commissioner Thomas recommended building a jetty where plenty of beach exists. Mayor Garvey noted the USACE is emphatic regarding plans to go forward with renourishment. Mr. Baier said it was important not to do anything to lower Sand Key's priority for the project. Commissioner Thomas agreed he did not want to do anything to jeopardize the USACE project but expressed concerns other renourishment projects have lost their sand within several years. Mayor Garvey pointed out the USACE project now addresses the whole island of Sand Key, including Belleair Beach. Commissioner Thomas felt it was important for the City to have a backup plan. The City Manager recommended inviting Jim Terry to address the Commission regarding this issue on November 13 or November 16, 1995, and to hire a Coastal Engineer to review Sand Key's seawalls. The City Commission concurred. Mayor Garvey questioned the destination of the sand being dredged from Clearwater Pass. Mr. Baier said due to silt, the dredged sand is not beach quality and is being trucked to the Northeast Plant. Mr. Baker indicated the Department of Environment Protection determines if sand is beach quality. Mr. Baier said if sand is beach quality, Clearwater would have to charge Sand Key residents for that sand because the State does not allow the City to give sand to private property owners. It can only be used for municipal purposes. Commissioner Berfield said the Ultimar development had built tubes along the shoreline. Mr. Baker said Ultimar used longguard tubes and still has a beach. He said the USACE has reviewed a number of alternatives and has determined renourishment is the way to go. b) East End RFP Review Committee Mayor Garvey did not think it appropriate for one CRA Trustee to serve on the East End RFP Review Committee. She suggested either all trustees serve on the committee or none serve. Commissioner Thomas said he had been invited to serve and noted the City Commission routinely has members serve on various committees. Mayor Garvey said not of those committees is engaged in reviewing City projects. Commissioner Thomas did not think his service is a conflict of interest. The Mayor suggested the City Commission, as a whole, receive recommendations in a manner similar to the beach concession stand issue. Commissioner Thomas said, as a committee member, he only would review RFPs, not make decisions. Commissioner Clark questioned if all RFPs will be presented to the City Commission. Deputy City Manager Kathy Rice said CRA Executive Director Peter Gozza was handling this process. He and the City Manager both appointed two people to the committee. If they adhere to general practice, the City Commission will not see all submitted RFPs. Commissioner Berfield said she had no problem with Commissioner Thomas' participation on the committee as long as the City Commission can see the top three or five RFPs. She said the Commission needs to see the presentations. Ms. Rice said this issue needs to be discussed with Mr. Gozza. Commissioner Thomas said he was advised the review would involve ranking the RFPs and only would take 30 minutes. Ms. Rice reiterated that Peter Gozza needs to address this issue. Mayor Garvey requested the issue be reviewed at the November 13, 1995, CRA meeting. Commissioner Clark said he had no problem with Commissioner Thomas serving on the committee but requested additional information regarding the selection process. c) Federal Lobbyist Mayor Garvey said the Florida League of Cities asked her to serve on a Federal lobbying group. She questioned if the City Commission had a problem with her participation. Commissioner Thomas expressed concern the group will be lobbying for issues Clearwater supports. Mayor Garvey said she will know the issue before taking a position. The purpose of the group is to make federal legislatures aware of how federal mandates affect Florida cities. Mayor Garvey said the Commission would have the opportunity to provide input. Commissioner Clark said he had no problem with Mayor Garvey's participation. Commissioner Berfield said she had no problem with the idea if the issues are brought to the City Commission first. Commissioner Thomas agreed if the Mayor committed to bring all issues to the City Commission first. Mayor Garvey said relevant issues would involve a great deal of discussion before lobbying efforts begin. In response to a question from Commissioner Berfield, the Mayor indicated she would not participate in a lobbying effort if the Commission did not agree with the League’s position on that matter. The meeting recessed from 8:00 to 8:07 p.m. ITEM #27 - Other Commission Action Mayor Garvey referred to ex-Commissioner Justice's suggestion that the City purchase Bayview Mobile Home Park. She requested direction from the Commission regarding pursuing a purchase. Commissioner Clark recommended staff explore the issue and attempt to reach an agreement with Pinellas County for water access. Commissioner Berfield questioned if this project would affect the planned area study that was postponed. Central Permitting Director Scott Shuford said it would not. Commissioner Thomas said he supported looking at the whole picture. He expressed serious concerns regarding the City's large inventory of real estate. Mayor Garvey said much of the land owned by the City is parkland/open space. She said this parcel would be used for parkland. Mr. Shuford expressed concern the City is running out of options for obtaining parkland. Commissioner Thomas suggested a review of the whole issue. Mr. Shuford indicated staff currently is reviewing the comprehensive plan. Mayor Garvey expressed concern this opportunity not be missed. The City Manager pointed out the owners have indicated they are not interested in selling the subject property. She said staff would approach the owners again. The consensus was to review a possible purchase. Mayor Garvey requested Commission approval for her attendance at the U.S. Conference of Mayors' meeting in Washington D.C. Commissioner Thomas questioned the purpose of her attendance. The Mayor said the best practices' session would provide ideas of what works for other municipalities. Commissioner Thomas said he did not agree with spending money for the Mayor to attend when she did not know why she is going. Commissioners Berfield and Clark said they had no problem with her attendance. Commissioner Clark thanked the City Manager, City Attorney, and staff for all they did to get him "up to speed." ITEM #28 - Adjournment The meeting adjourned at 8:18 p.m.