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01/15/1998CITY COMMISSION MEETING CITY OF CLEARWATER January 15, 1998 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Sandy Glatthorn Central Permitting Manager Rich Baier Public Works Administrator Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Dr. Harold Bowman of Trinity Presbyterian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Belinda Massey, Clearwater Gas System, was presented the December 1997 Employee of the Month award. ITEM #4 - Introductions and Awards Proclamation: Diamond Jubilee - 75th Anniversary of Clearwater Gas System Military Appreciation Day Event Jumper batons, carried by participating parachutists, were presented to the City Commission in thanks for their support of Military Appreciation Day. The efforts of MacDill Air Force Base, City and County staff, corporate sponsors, and civilians were noted, as well as the tourism industry which put together packages and discount coupons for the event. The City Commission was also presented a crystal plaque, decorated with the City logo. Turkey Trot The Engineering (Public Works) Department was presented the Iron Turkey Award for the greatest number of participants in the Turkey Trot. The Legal Department was presented the Stuffed Turkey Award for the greatest percentage of department participants. A $5,000 check was presented to the Parks & Recreation Department for the Greater Clearwater Time’s Turkey Trot Track Team. All participants were thanked for their support. ITEM #5 - Presentations a) PBSJ - Engineer of Record John Zumwalt and Jim Kennedy of PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) reviewed their firm’s background, history with Clearwater, community involvement, clientele, and company projects in the Tampa Bay area. Clearwater hired PBS&J in 1995, and has paid the firm $2.2-million for fees covering 85 projects, an average of $25,000 per assignment. It was indicated 21% of the fees paid PBS&J were contract fees to local subconsultants. b) FDOT - LINKS Expressway Project Don Skelton, of FDOT (Florida Department of Transportation), said due to increased traffic volumes, the Veterans Expressway needs improved connection to downtown Tampa via I-275. He indicated $282-million has been allocated but a minimum project will cost $363-million and maximum effort will cost $600- to $700-million. The turnpike is now part of this project. The plan is in its earliest conceptual stage. A public input process has been established. Sonny Timmerman, representing the Turnpike, indicated funding for the project is approximately $81-million short. A toll solution was suggested. It has been estimated that a $0.25 toll at Independence and on the Southbound ramps to and from I-275 should yield enough money to make all recommended improvements. Along with the toll, an outer expressway system (no toll) could be constructed from Spruce Street to tie into the existing system near Memorial Highway. Full access to the outer expressway system would be provided at the Courtney Campbell and Memorial Highway interchanges. The current LOS (Level of Service) coming out of the airport is F. Without the proposed toll, the needed improvements cannot be built for 20 years. Concern was expressed a traveler from the East Coast would be unfamiliar with the Spruce Street alternative and be inconvenienced when traveling to Clearwater. It was questioned how this toll will benefit Pinellas County and Clearwater. It was suggested airport monies or another source be used for the project. It was requested meetings be scheduled with Pinellas County citizen groups. Opposition was expressed to charging a toll for drivers on the Courtney Campbell Causeway who wish to access the interstate system. Mr. Skelton said based on anticipated revenue streams, funding for this project will not be available until beyond 2015. In response to a question, he said the problems at the airport must be corrected before improvements are made to I-275 between West Shore and downtown Tampa. Concern was expressed regarding Clearwater citizens who travel this route daily. Staff was requested to provide FDOT with a list of Homeowners Associations in Pinellas County. It was felt the recommended toll does not benefit Clearwater or Pinellas County. ITEM #6 - Approval of Minutes Commissioner Hooper moved to amend page 5 of the minutes of December 4, 1997, to indicate: 1) Ms. Cormier is a long-time South Clearwater resident; 2) she had felt the subject advertisements should have been funded by the CDBG (Community Development Block Grant) Administration Account; and 3) Commissioner Johnson and Mayor Garvey had thanked her for her comments. The motion was duly seconded and carried unanimously. Commissioner Clark moved to approve the minutes of the regular meeting of December 4, 1997, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John Wiser recommended the Countryside Recreation Center be open longer hours. He presented a list of projects in the Countryside area and requested they be considered for inclusion in the Penny for Pinellas project list. John Tassanari thanked Commissioner Clark regarding the installation of water meters on his street. Commissioner Clark indicated Public Works Administrator Rich Baier deserved the credit. Mr. Tassanari opposed construction of a pool on Clearwater beach and requested recreational facilities be provided in the Crest Lake Park area. He requested the City do something for children at Christmas. Roy Cadwell presented the Commission with a booklet containing a reprint of a portion of Clearwater - A Sparkling City and sketches of important buildings and historic photographs. He referenced the Freedom Committee, of which he is a member. A request was made he provide a list of the members of the Committee. Tom Nocero disagreed with the Legislative Delegation’s vote to send a local bill to the State Legislature that would allow municipalities to annex small enclaves. He said he has a constitutional right to privacy and to be left alone. He questioned how the City would pay for the incentives called for in the legislation. He also questioned if the City will act to prevent future accidents at the Clearwater Pass jetty. PUBLIC HEARINGS ITEM #8 - Public Hearing - Res. #98-01 - authorizing placement on liens on properties for unpaid utility bills (FN) Commissioner Clark moved to authorize the placement of liens on properties for unpaid utility bills. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-01 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #98-01 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #9 - Public Hearing & First Reading Ords. #6222-98 & #6223-98 - Annexation & RS-4 Zoning for property located at 1573 Owen Dr., Orange Blossom Sub., Lot 7 (Kim Wayne Biser, A97-13)(CP) The applicant has requested annexation and zoning of Single-Family Residential "Four" for 1573 Owen Drive to obtain sewer service. The Planning & Zoning Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Four" (RS-4) for Lot 7, Orange Blossom Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6222-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6222-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Ordinance #6223-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6223-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #6224-98 & #6225-98 - Annexation & RS-8 Zoning for property located at 1934 Atlantis Dr., Sunset Point Estates, Blk A, Lot 27 (Charlene Boatwright, Hubert & Mildred James, A97-14)(CP) The applicant has requested annexation and zoning of Single-Family Residential "Eight" for 1934 Atlantis Drive to obtain sewer service and garbage pick-up. The Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 27, Block A, Sunset Point Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6224-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6224-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Ordinance #6225-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6225-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #6226-98 & #6227-98 - Annexation & RS-6 Zoning for property located at 181 Pinewood Ave., Eastwood Terrace 1st Add., Blk D, Lot 2 (Alfonso Tundidor, A98-01)(CP) The applicant has requested annexation and proposed zoning of Single-Family Residential "Six" for 181 Pinewood Avenue to obtain sewer service. On January 6, 1998, the Planning & Zoning Board unanimously endorsed the request. Ms. Privett and Michelle Rasmussen expressed concern homeowners in enclaves would be forced to annex at great personal expense. It was indicated that is not the case. In response to a question, the City Manager said a sewer line already is in place. He said it is a common misconception that annexation costs homeowners thousands of dollars. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Lot 2, Block D, Eastwood Terrace 1st Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6226-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6226-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Ordinance #6227-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6227-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The Commission recessed from 7:37 to 7:56 p.m. ITEM #12 - Public Hearing - Res. #98-04 - adopting the amended EAR (Evaluation and Appraisal Report) re City’s Comprehensive Plan (CP) On October 17, 1996, the City Commission adopted the EAR (Evaluation & Appraisal Report). On October 22, 1996, the City Manager requested a 5-month extension from the DCA (Department of Community Affairs) to better coordinate planning efforts in anticipation of the March 25, 1997, countywide referendum of the LGIS (Local Government Infrastructure Surtax), “Penny for Pinellas.” The DCA has reviewed the revised EAR and indicated the report, with modifications, will meet the rules and requirements of Chapter 163.3191, Florida Statutes, and Rule 9J-5 of the Florida Administrative Code. It is necessary to readopt the EAR with all modifications made since the original submission. The report will be transmitted to DCA for final sufficiency review. Upon receipt of the final sufficiency determination, the update of the “Comprehensive Plan will be prepared for DCA review. Upon the DCA finding the Plan to be in compliance with all pertinent rules, regulations, and requirements, the City Commission must review and approve the updated Comprehensive Plan be ordinance. Senior Planner Lou Hilton reviewed changes to the EAR. In response to a question, he said the plan does not affect the bluff. It was noted restrictions against development of the bluff are included in the City Charter and are not part of this plan. Commissioner Hooper moved to approve the updated and revised EAR (Evaluation & Appraisal Report). The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-04 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #98-04 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #13 - Public Hearing - Declare city owned real property (annex site - 14.3 acres) surplus to City needs for purpose of selling (CM) The annex site, with approximately 14.3 acres of urban developable land, is zoned Urban Center - Eastern Corridor has a Future Land Use Classification of Central Business District. The property is no longer needed for municipal public use. It is located in the CRA (Community Redevelopment Agency) District and was designated eligible for the USEPA (United States Environmental Protection Agency) Region 4 Brownfields Pilot Program. Commissioner Johnson moved to declare City-owned real property as surplus and no longer needed for municipal public use from the Northeast corner of Lot 2 of Revised Map of R.H. Padgett’s Sub of the SE ¼ of the NW ¼ of Sec 15-29S-15E, a POINT OF BEGINNING, thence proceed N 89(11’57” W along the Northerly line of Lots 2 thru 13 of said sub a distance of 599.87 ft to the NW corner of sail Lot 13; thence N 0(35’34” W, 327.64 ft along the Westerly boundary of Lot 4 of said sub to a point common to the NW corner of said Lot 4 and the SW corner of land shown on the Plat of Janie Daniels Sub; thence N 01(10’40” E, 142.40 feet along the Westerly boundary of said Plat to the NW corner of Lot 7 of said Plat; thence N 06(27’18” W, 36.63 feet to the SW corner of Lot 6 of said Plat; thence N 00(01’13” E, 150.21 feet to the NW corner of Lot 4 of said Plat; thence N 00(03’40” E, 364.43 feet along the Westerly boundary of Clearwater Heights, to a point on the Southerly right-of-way of Cleveland Street; thence S 89(41’48” E, 608.64 ft along said right-of-way to an intersection with the Westerly right-of-way of Missouri Avenue, being 44 feet Westerly of the East line of the NW ¼ of said Section 15; thence 00(03’52” E along said Westerly right-of-way a distance of 1031.81 feet to an intersection with the Easterly projection of the Northerly boundary of Lots 2 thru 13 of R. H. Padgett’s Sub; thence N 89(11’57” W along said projection, 5.8 feet to the POINT OF BEGINNING. Containing 14.369 acres M.O.L. and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #14 - Public Hearing - Convey title of city owned real property (annex site-14.3 acres) to the CRA (CM) The annex site, with approximately 14.3 acres of urban developable land, is zoned Urban Center - Eastern Corridor has a Future Land Use Classification of Central Business District. Transfer of the subject property from the City to the CRA will allow implementation of the Clearwater Downtown Redevelopment Plan. Sale of the property to the CRA for less than the appraised value for the purpose of implementing the CRA Plan is a valid public purpose. Staff recommendation to declare the subject property as surplus and to convey title from the City to the CRA is not intended to limit the ultimate use of the property. Commissioner Hooper moved to convey the Title of City-owned real property to the CRA and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing & First Reading Ord. #6228-98 - RM-8 Zoning for property located at 524 Bamboo Lane, Bamboo Sub., Lots 4, 11 & 12 (Carlisle Motors, Inc., Z98-01)(CP) In his January 15, 1998, letter, Dana Young, representative for Carlisle Motors, Inc., requested this item be continued. Commissioner Clark moved to continue Item #15 to March 5, 1998. The motion was duly seconded and carried unanimously. ITEM #16 - Variance(s) to Sign Regulations for property located at 18627 US 19N, Sec. 20-29-16, M&B 33.01 (Steak N Shake, Inc., SV98-02)(CP) In his January 14, 1998, letter, Boyd Hippenstiel of Heath and Company, representative for Steak N Shake, requested this item be continued until February 19, 1998. Commissioner Johnson moved to continue Item #16 to February 19, 1998. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #17 - Ord. #6205-98 - Submitting to the City Electors a proposed amendment to the City Charter amending Sec. 2.01(d)(4)(v) of the City Charter to delete the referendum requirement for lease of city property with the land use designation of Recreation/Open Space; providing for a referendum election The City Attorney presented Ordinance #6205-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6205-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #18 - Ord. #6214-98 - Vacating 30’ r-o-w of Alden Avenue, lying between Lots 5 & 6, Blk 1 and Lots 1-4, Blk 2, R. H. Padgett Sub. (Jones, Silver & St. Matthew’s First Missionary Baptist Church, Inc., V97-17) The City Attorney presented Ordinance #6214-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6214-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #19 - Ord. #6216-98 - RPD 11 Zoning for property located at 1345-1357 Pierce St., Tagarelli Sub., Blk 3, Lots 1-4, W 34’ of Lot 5 (Tampa Bay Community Development Corp., Z97-10) The City Attorney presented Ordinance #6216-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6216-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #20 - Ord. #6220-98 - Refines original ordinance establishing a Residential Reclaimed Water System; amending various secs. in Ch. 32, creating Secs. 32.381 and 32.382; and amending Art. XXV(3) and (4) Public Works - Fees, Rates and Charges The City Attorney presented Ordinance #6220-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6220-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #21 - Ord. #6221-98 - RPD 7.5 Zoning for property located at 1 N. McMullen Booth Rd., Sec. 16-29-16, M&B 21.16, 21.17 & 21.18 (Bricks Management & Real Estate Development, Z97-09) The City Attorney presented Ordinance #6221-98 for second reading and read it by title only. Marcus Vernon, representative for the applicant, said he stood on information he presented at the December 4, 1997, meeting. The up-to-date topography, which was submitted, shows no negative deviations from earlier submittals. Sandy Floyd, Francis Williams, Tom Nocero, Fran Briskman, Lou Angie, Shirley Ellod, and David Fellows opposed the development due to its density, height and impact on surrounding neighborhoods and area drainage. There were requests to continue this item to verify notification of surrounding property owners and for the opposition to seek legal advise. In response to a question, the City Clerk reported staff sends notice to all residents within 500 feet of subject properties. In response to a question, the City Attorney indicated Mr. Fellows had indicated at the December 4, 1997, hearing that he did not wish to cross examine Mr. Vernon. Central Permitting Manager Sandy Glatthorn said the plan is in the process of final review. Mr. Vernon will appear before the DRC (Design Review Committee) on January 29, 1998. This request is to approve the conceptual plan, not a detailed final site plan. In response to a question, Public Works Administrator Rich Baier said the process ahead is pretty rigorous and must substantiate drainage and conservation improvements. Mr. Vernon said the project also includes an upland preserve and will meet a higher standard than required. The preservation easement and zoning will require that land to be preserved in perpetuity. Opposition to the project was expressed. It was noted the property is difficult to develop. In response to a question, Mr. Vernon said the number of units proposed has increased from the original site plan for 58 to 68 units. Concern was expressed this issue not be continued as 6 weeks have elapsed since first reading. Mr. Vernon said he had sent notice personally to neighbors of the project. He said nearby residents have known about this project for more than 6 months. He felt the request to continue is a delay tactic. Commissioner Clark moved to continue Item #21. There was no second. Commissioner Seel moved to pass and adopt Ordinance #6221-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper, Seel and Garvey. "Nays": Johnson, Clark. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #22-30) - Approved as submitted, (Note: #23 is pulled) less #28. ITEM #22 - Approval of Purchases & Declaration of Surplus per 12/18/97 memorandum: Gaylord Brothers, extension, maintenance of Galaxy hardware & software utilized by all Library branches, 01/01/98 -12/31/98, $42,202 (LIB) Mid-Continent Electric, construction of mast arm foundations for traffic signal poles, 01/09/98 -12/31/98, $73,728 (PW) M.T. Deason Company, Inc., gas materials - steel pipe & fittings, 01/09/98 -01/31/99, estimated $54,885.05 (GAS) Grinnell Corp., brass water fittings, 02/01/98 -01/31/99, estimated $120,000 (PW) PeopleSoft, Inc., maintenance, upgrades, source code updates & telephonic support for payroll/human resources software system, 02/01/98 -01/31/99, estimated $66,067 (IM) Brad Ragan, Inc., vehicle tires (new), 01/15/98 -09/30/99, estimated $305,000 (GS) Pride of Florida, recapped vehicle tires, 01/15/98 -09/30/98, estimated $71,000 (GS) Ed Morse Chevrolet, three 1998 Chevrolet Monte Carlo sedans (replacement), $46,632; funding to be provided under City’s master lease-purchase agreement (GS) Don Reid Ford, four 1998 Ford Ranger pickup trucks (replacement and three 1998 Ford Taurus 4 door sedans (replacement), $97,442; funding to be provided under City’s master lease-purchase agreement (GS) Southern Sewer Equipment, one 1998 Vac-Con Model VPD-3690THA sewer cleaner vehicle (replacement), $159,770; funding to be provided under City’s master lease-purchase agreement (GS) Environmental Holdings, Inc. d/b/a Vantage Equipment, one 1998 Vactor Sewer Cleaning Unit mounted on a Ford LT8513 chassis (replacement), $164,600; funding to be provided under City’s master lease-purchase agreement (GS) Ed Morse Chevrolet, one 1998 Chevrolet Suburban, $27,487; funding to be provided under City’s master lease-purchase agreement (GS) Carlisle Ford, twelve 1998 Ford Crown Victoria police pursuit vehicles, $287,988; funding to be provided under City’s master lease-purchase agreement (GS) Kelly Services, temporary employment services, award date through 11/30/98, estimated $45,000 (HR) Onyx Petroleum, 87 octane vehicle fuel, award date through 12/15/98, estimated $230,000 (GS) Declare surplus to needs of City one 14’x36’ Derrick Barge, FL 7109 EG, asset number G-485 (FN) ITEM #23 - See page 12. ITEM #24 - Approve acceptance of 1 year grant, for FY 1997/98 from the FDCA/Drug Control and System Improvement Formula Grant Program, for the Geographic Information System (GIS), $148,417.12 (PD) ITEM #25 - Agreement with Career Options of Pinellas, Inc., design, implement & administer a Special Initiative Program - Jobs for At Risk Youth, portion of Weed and Seed Grant Program, amount not to exceed $50,000 (PD) ITEM #26 - Approve donation to Clearwater Homeless Intervention Project, Inc. for funding of operations in the amount $100,000; funding to be provided by unappropriated retained earnings of the Special Program Fund (PD) ITEM #27 - Receipt/Referral - LDCA re Tree Protection Ordinance requiring triple permit fees for violations (PW) ITEM #28 - See below. ITEM #29 - Authorize partnership with North Ward Elementary School; authorize preparation of Interlocal agreement with Pinellas County Schools (CM) ITEM #30 - Accept CRA’s Notice of Intent to accept proposal for development of Annex site from Justice Corporation Commissioner Clark moved to approve the Consent Agenda as submitted less Items #23 and #28 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #23 - License Agreement, BellSouth Mobility, Inc., for non-exclusive use involving installation & operation of personal communications systems (PCS) equipment at City’s communication tower located at 3290 SR 580, for initial 5 year term, with 4 automatic options to renew for 4 additional terms of 5 years each, unless City is notified to contrary (GS) The City Clerk reported Item #23 was pulled from the agenda. ITEM #28 - Authorize use of $40,000 from City Tree Replacement fund for a Contract Registered Landscape Architect position (PW) In an effort to reflect the City’s vision for overall beautification and improve landscaping along major street thoroughfares, parking lots, etc., it is necessary to employ the services of a Registered Landscape Architect. The Registered Landscape Architect will assist the Central Permitting, Public Works Administration, and Parks & Recreation departments in creating a master landscape plan that will coordinate landscaping throughout the City. The City Manager reviewed the need for this position. Commissioner Johnson moved to authorize the use of $40,000 from the City Tree Replacement fund for a Contract Registered Landscape Architect position. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Approve collective bargaining agreement with IAFF 1158 for Fiscal Years 1997/98 & 1998/99 (CM) The most recent collective bargaining agreement between the City and IAFF (International Association of Fire Fighters) Local 1158 expired on September 30, 1997. This was a 3-year agreement. City management staff and representatives of IAFF Local 1158 met since August 1, 1997, to negotiate a new contract. On November 17, 1997, the process was completed when the parties came to a tentative agreement for a new 2-year contract. IAFF submitted the proposed agreement to its membership which ratified it, by majority vote, on December 5, 1997. Major provisions include: 1) 2-year contract agreement; 2) Article 12, Personnel Practices - Section 6. Sick Leave - Sick hours capped at 1,560 hours for 40-hour employees and 2,184 for all other employees in bargaining unit. Buyout of sick leave hours in excess of these amounts to be made for eligible employees at 50% of employee’s hourly base rate of pay at July 1998; 3) new - training/tuition refund - tuition refund for bargaining unit members - $850 in FY (fiscal year) 1998 and $1,000 in FY 1999; 4) new - driver-operator - new classification for Fire Department employees who are the drivers and operators of fire engines, aerial apparatus, and squad; 5) new - performance & discipline - Union agreed any system of performance management or discipline may be modified to better meet needs of the employees and City; 6) new - retirement advancement - City and Union agreed that during period of retirement advancement, employees are not eligible to receive or accrue benefits except retirement credit; and 7) Appendix A - Wages - 1st pay period in October 1997 - 2%; 1st pay period in April 1998 - 2%; 1st pay period in October 1998 ;and 1st pay period in April 1999 - 2%. Commissioner Hooper said he is a member of this local and reported a conflict of interest regarding this issue. Commissioner Seel moved to approve the collective bargaining agreement as negotiated with IAFF Local 1158 for Fiscal Years 1997/98 and 1998/99 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Clark, Seel, and Mayor Garvey voted “Aye”; Commissioner Hooper abstained. Motion carried. ITEM #32 - First Reading Ord. #6218-98 - Relating to utilities; amending Secs. 32.062, 32.066, 32.070, 32.071, 32.072, and Appendix A, Art. XXIV Utilities - General and Deposits, and Appendix A, Art. XXV Public Works - Fees, Rates and Charges (FN) Under the proposed change, utility deposit requirements are reduced from 3 months to 2 months. Condominium associations with good account experience will be exempt from utility deposits. The lien process is streamlined. Changing many mandatory “shall(s)” to advisory “may(s)” allows Utility Customer Service personnel flexibility in applying ordinances. These changes empower staff to assist customers at the first point of contact and will allow Utility Customer Service to be more customer friendly. Commissioner Johnson moved to approve changes to the Code of Ordinances regarding Utilities - General and Deposits and Public Works-Fees, Rates, and Charges. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6218-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6218-98 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #33 - Res. #98-09 - providing for sale of, not to exceed $9-million Gas System Revenue Refunding Bonds, Series 1998 (FN) Gas System Revenue Bonds, Series 1998, in an amount not to exceed $9-million, will be used to refinance Series 1994A, Gas System Revenue Bonds, at a present value savings greater than 4%. The bonds will not be refunded unless the 4% savings is realized. In October 1997, the City attempted to refinance the 1994A bonds but interest rates were not low enough to generate a 4% present value savings. The 1997B bonds were issued to refinance the 1991 bonds. Market conditions have improved and the 1994A bonds can be refunded at a present value savings of 5.35% ($434,000). The City has selected William R. Hough & Co., Merrill Lynch & Co., and Raymond James & Associates to serve as underwriters on these bonds, which will be sold through negotiated public sale. This resolution authorizes the City Manager and Finance Director to award the sale of the bonds and to determine if it is in the best interest of the City to purchase a debt service surety bond or to fund a debt service reserve. Commissioner Seel moved to provide for the sale of not to exceed $9-million Gas System Revenue Refunding Bonds, Series 1998, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-09 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #98-09 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #34 - Don Reid Ford, one 1998 Ford Taurus 4 door station wagon, $18,169; authorize funding under City’s master lease-purchase agreement (GS) Unit G282, a fully depreciated 1988 Ford Tempo assigned to Engineering Services requires $2,300 in repairs. Life to date repairs are $7,793.50, or 94% of original purchase price of $8,212.57. This unit is not on the FY 1997/98 approved replacement list. The purchase will require a 1st quarter budget amendment to increase the project budget in motorized equipment-L/P, by $17,258. In addition, the Engineering Department will provide the additional $911 to upgrade to a station wagon from savings in department personnel service costs. Savings in departmental personnel service costs also will provide funding for monthly operating charges. Commissioner Clark moved to award a contract to Don Reid Ford, Maitland, Florida, for purchase of one 1998 Ford Taurus 4-door station wagon at a cost of $18,169 in accordance with Sec. 2.564 (1)(d), other governmental contract, Florida State Contract 070-001-96-1 and authorize funding under the City’s master lease purchase agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Mayor Garvey voted “Aye”; Commissioner Seel voted “Nay.” Motion carried. ITEM #35 - Approve revision to SAMP pay plan incorporating modified concepts that restructure 13 SAMP pay ranges into 6 salary bands (HR) The SAMP (Supervisory, Administrative, Managerial, and Professional) Pay Plan Revision Project was initiated to revise and restructure the compensation plan for non-represented City employees. The proposal addresses existing pay issues and aligns the non-union compensation program with the City’s need to attract and retain competent and motivated employees. Approval of this pay plan is Phase I, which will implement a modified broadbanded pay plan with all SAMP classifications allocated to 6 broad salary bands. The modified pay plan structure will reduce the number of salary ranges in the SAMP plan, provide greater flexibility for implementing organizational changes, and flatten the City’s hierarchical structure. Phase II will be accomplished administratively and, over 2 years, will maximize the effect of the broadbanded pay structure by further reducing the number of overly-specialized job classifications and by implementing a SAMP performance evaluation review process with innovative merit-based compensation programs which reinforce the values of the organization. The 13 pay ranges in the current SAMP pay plan have not been adjusted during the past 4 years. During that time, the City has negotiated several annual pay range and wage increases affecting all union represented job classifications causing significant salary compression with unadjusted SAMP pay ranges. The broadbanded pay plan model was researched and selected to establish a more effective compensation structure that will provide greater administrative flexibility and financial controls necessary to facilitate organizational changes. It also allows the City to resolve perceived pay inequities, avoid the necessity of granting pay increases due to minor job restructuring or transfers to equivalent level jobs, and flattens organizational structure. Broad SAMP salary bands for 6 organizational job categories are based on current labor market studies. The top 3 salary bands cover unclassified executive, administrative, and operational management SAMP job classifications. The 3 lower salary bands cover all non-represented supervisory, professional, and technical level employees in classified positions covered by Civil Service Rules. The broadbanded SAMP pay plan can be implemented with costs of less than $500 since all but a few recently hired SAMP employees currently earn salaries above the salary band minimums for their job classifications. Commissioner Clark moved to approve a revision to the SAMP pay plan incorporating modified broadbanding concepts that restructure 13 SAMP pay ranges into 6 salary bands. The motion was duly seconded and carried unanimously. ITEM #36 - Res. #98-03 - endorsing application of Project 971215 (Qualified Target Industry Tax Refund Program) and commits the City to refund 10% of the eligible tax refund upon certification by Enterprise Florida (CM) The Florida Legislature created Florida Statutes, Section 288,106 to encourage the growth of Florida’s high-wage, value-added employment. This program is known as the QTI (Qualified Target Industry) Tax Refund Program. The law authorizes Enterprise Florida to accept, review, and approve applications for tax refunds to qualified target industry businesses. A business receives a tax refund for each new job created. Project 971215 wishes to expand its headquarters and projects to hire 560 employees over the next 4 years. The QTI program tax refund may not exceed $5,000 per employee. The project also is eligible for a Brownfields Bonus of $2,500 per job created. A QTI business may not receive refund payments of more than 25% of the total eligible taxes that were paid by such business as specified in the tax refund agreement in any fiscal year. A 20% local financial participation is required: 1) 10% - City of Clearwater and 2) 10% - Pinellas County. Under the full scenario, the City’s maximum funding will be $280,000 over 4 years. A fiscal impact during the current fiscal year is not anticipated. A funding source will be identified next fiscal year. The City Manager reported the Pinellas County Commission had approved this program on January 12, 1998. Commissioner Seel moved to endorse the application of Project 971215 and commit the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-03 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #98-03 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Manager, Assistant City Manager Bob Keller, and the City Attorney were thanked for their efforts to bring this program to Clearwater. The City Manager said the program provides exciting direction for the City. ITEM #37 - Res. #98-10 - approving modifications to Downtown Redevelopment / CRA (Community Redevelopment Agency) Plan (CM) The CRA’s Downtown Redevelopment Plan, adopted by Resolution #95-65, includes Commercial/Office/Residential and a small portion of Low Density Residential land uses at the annex site. The proposed modification of the area bordered by Missouri and Greenwood Avenues and Court and Cleveland Streets from Low Density Residential to Commercial/Office/Residential, will allow the CRA to focus better on land use opportunities in the Urban Center Easter Corridor. The proposed modifications will eliminate: 1) the Entertainment Center on the annex site; 2) the Cleveland Street/Greenwood Avenue rotary intersection; 3) the angled street system east of Greenwood Avenue, and 4) the area diagonal road system. A new road system will be developed as new development unfolds. Modification of the Plan will allow needed land use flexibility that will serve the City’s long range redevelopment plans and meet the City goal of Economic Development. If determined legally necessary, other agencies may need to review the modifications. Commissioner Johnson moved to amend the Community Redevelopment Plan for the Community Redevelopment Area and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-10 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #98-10 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #38 - Special Events Grant Funding - Pilot Program Recommendations (CM) In keeping with the City’s vision to enhance Clearwater’s “environment with festive activities,” the Special Events Granting Program is designed to encourage new and expanded events and to provide a systematic approach of granting City co-sponsorships for special events on an annual basis. The goal is to provide matching grants funding for Clearwater non-profit organizations so they may facilitate new or expanded events which will benefit the organization and citizens of Clearwater. The pilot program provides $50,000 for eligible applicants. Grants will be awarded in variable increments with a maximum of $10,000 per event. Funds will be awarded on a matching basis of 2 to 1. Matching funds may be in the form of in-kind services or cash. If City services such as Police, Fire, Parks & Recreation services, etc. are requested, such services must be estimated and included in the grant funding request. City co-sponsorships on in-kind services will not be provided in addition to grants. Special events held on public property or events that affect public property require approval of the City’s Special Events Committee. Events are subject to the established regulations governing public health and safety. Based on the type of event, various permits may be required and the cost of those can be included in the request for grant funds. Call for applications in March 1998, will be by notification through daily newspaper notices and/or by letters to non-profit organizations within the City. The application deadline is April 15, 1998, with recommendations presented to the City Commission during the first Commission meeting in June 1998. Funds will be disbursed from June 15, 1998 through September 30, 1999. Documentation and a final report will be required 45 days after the completion of the event. Criteria include: 1) applicant(s) to provide verification of being a not-for-profit organization or a not-for-project Florida corporation, in good standing, pursuant to Chapter 617 of the Florida Statues; 2) applicant(s) organization must have programs operating in the City; 3) matching funds may be anticipated at the time of application, but must be received by the applicant and obligated by the ending date of the grant; 4) applicant(s) organization must have been incorporated or operational for a least 1-year at the time of application; 5 applicant(s) must furnish a financial statement of condition for the organization’s previous year; 6) applicant(s) must provide a complete application package by specified deadline; 7) applicant(s) must agree to comply with all legal, financial, and operational requirements of the City’s Special Events permitting process; 8) event must be open and accessible to the public; 9) only one application will be considered for each event; 10) only applications from organizations in good standing with the City will be considered; 11) applicant(s) must agree to provide a full accounting and documentation of all expenditures allowed by the grant; 12) applicant(s) must use the grant funds solely for the purposes of the grant; 13) applicant(s) must agree to provide appropriate promotional credit to the City; and 14) applicant(s) must agree to use the funds within the grant period specified on the grant application. The City Manager noted this is a pilot program. Organizations will have to demonstrate what they are bringing to the City to qualify for funding. He said this program provides an innovative way of getting more activities into the community. It was noted the program provides incentives for new activities and addresses the Commission Vision. In response to a question, Deputy City Manager Kathy Rice said 2 years of funding has been budgeted for the Greenwood Panthers and Greenwood Clinic. Consensus was to remove religious organizations from eligibility. Commissioner Johnson moved to approve the pilot program recommendations for Special Events Grant Funding with the understanding religious organizations are not eligible for these grants. The motion was duly seconded. Concern was expressed hosting events is outside the missions of many non-profit agencies. It was suggested the criteria be expanded as not all organizations can put on events such as the Florida Orchestra. Ms. Rice said part of staff’s consideration was that non-profit agencies host events to raise money. Concern was expressed too many agencies will be unable to qualify for these funds. Limiting the pilot program to one year was recommended. The City Manager said the proposal recognizes the community needs additional events. This provides the City the opportunity to help with an event without being the primary sponsor. In response to a question, he said any organization can apply for these funds. Staff will try to spread the funds to as many groups as possible. He encouraged agencies coordinate their efforts. Upon the vote being taken, Commissioners Johnson, Hooper, Seel, and Mayor Garvey voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. ITEM #39 - Legislative Package (CLK) According to the City’s 1998 Legislative Package, priority issues include seeking funding through various avenues for: 1) beach redevelopment and beautification; 2) economic development including job creation and clean-up of Brownfields area; 3) tourism development; 4) Gulf-to-Bay Boulevard (SR 60) enhancements including traffic flow and aesthetic improvements; and 5) transition from welfare to work. The City will support legislation that will: 1) allow municipalities to annex Type A enclaves of 3 acres or less; 2) remove the works “slum and blight” from the Community Redevelopment Act; 3) enhance the effectiveness of the 1997 Brownfields Redevelopment Act by addressing the glitches in the 1997 legislation; providing a permanent funding source for the “Brownfields Redevelopment bonus refund”; allowing a Brownfields Area to be considered for Enterprise Zone designation and designating USF (University of South Florida) as the State Brownfields Research Center. The City will oppose legislation that will: 1) compel municipalities to increase benefits to pension plans in which police officers and firefighters are members; 2) preclude the use of federal Disaster Relief and Emergency Assistance funds to address damages caused by natural disasters to parks and publicly owned recreation facilities; 3) eliminate or reduce the Florida Communities Trust Preservation 2000 or State Recycling grant programs; 4) increase the cost of road construction projects by reducing the criteria under which damages can be claimed; and 5) reduce a municipality’s ability to regulate activities in its rights-of-way. In response to a question, the City Clerk reviewed staff’s recommendation to address the Utility Tax for electric and gas service. State law currently requires the portion of a customer’s bill attributed to increases in fuel costs since October 1, 1973, be exempt from the 10% Utility Tax allowed by State law. Exempting increases in fuel costs effectively reduces the City’s 10% utility tax to 7%. Of greater concern is the burden of the complicated calculations necessary to remove fuel cost increases from the amount to be taxed. These calculations are also difficult to explain to customers who request an explanation of how their bill was calculated. If the exemption is removed, the customer will experience an increase in their bill because the 10% tax would be applied to the entire bill. As the biggest concern is the complicated calculations which must be done, staff would support legislation that reduces the tax to 7%, if the exemption of fuel cost increases is removed. Commissioner Clark moved to remove page 10, Exclusion of Cable Television Public Service Tax, and page 11, Limitations of Telecommunication Franchise Fees and Utility Taxes. The motion was duly seconded and carried unanimously. Commissioner Hooper moved to amend page 16 by adding “and reduce the Utility Tax to 7%” and approve the 1998 Legislative Package Legislative Package as amended. The motion was duly seconded and carried unanimously. ITEM #40 - Appointment of Charter Review Committee (CLK) In response to a question, the City Attorney said the City Commission can agree that each Commission will appoint 2 members to the Charter Review Committee. Commissioner Clark moved that each Commissioner appoint 2 members to the Charter Review Committee not subject to approval by other Commission members. The motion was duly seconded and carried unanimously. Appointed to the Charter Review Committee: 1) Commissioner Seel - Grant Peterson & Pat Greer; 2) Commissioner Johnson - Richard Fitzgerald & William Justice; 3) Commissioner Hooper - Judy Mitchel & Douglas Hilkert; 4) Commissioner Clark - Mayme Hodges & Tim Johnson; and 5) Mayor Garvey - Jackie Tobin. The Mayor will notify the City Clerk of her other nomination before the end of January. ITEM #41 - Development Code Adjustment Board - 1 appointment (CLK) Commissioner Johnson moved to appoint Shirley Moran. The motion was duly seconded and carried unanimously ITEM #42 - Airport Authority - 1 appointment (CLK) Commissioner Clark moved to appoint Robert Lunt. The motion was duly seconded and carried unanimously ITEM #43 - Planning & Zoning Board - 1 appointment (CLK) Commissioner Hooper moved to appoint Rick Anderson. The motion was duly seconded and carried unanimously ITEM #44 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #45 - Res. #98-02 - Abatement Lien - 3036 Prestige Drive, Forest Wood Estate 1st Add., Lot 88 (The Belleair Group Inc.) The City Attorney presented Resolution #98-02 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #98-02 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #46 - Other City Attorney Items a) Approval of settlement stipulation in Patrick Media (Eller Media) vs. City Charlie Siemon, outside counsel for the City, said the settlement reflects direction given in closed door sessions. Under the proposal, the City agrees to adopt an ordinance allowing advertising on bus shelters in the City. PSTA (Pinellas Suncoast Transit Authority) has a franchise allowing the advertising. The proposed ordinance is to allow one 4-foot by 8-foot advertisement on one side of each bus shelter. The settlement stipulation requires a minimum number of shelters According to the agreement, Eller Media (FKA Patrick Media) will remove 21 billboards in 18 months with 1/3 of the billboards being removed every 6 months. Mr. Siemon is not as confident the City would prevail in court regarding 2 billboards in a different class. Eller Media has requested the ability to relocate these signs onto US 19N, where they are protected by federal law. Eller Media is requesting up to 7 years to exercise this right. According to the agreement, all accrued fines will be waived. All litigation will be settled with prejudice so no possibility exists that the suit will be renewed. If Eller Media does not remove the signs according to the agreement, the City can remove the signs and be reimbursed for expenses. According to the agreement, billboards remaining in place can be maintained. Each side in this dispute will pay its own legal fees. Provisions of the agreement make clear the relationship between PSTA and Eller Media is their relationship alone and the City is not involved in it. In reference to Exhibit E, according to basic terms of the agreement, the City will allow bus shelters in commercial and industrial areas, and multi-family districts where PSTA stops. The advertisements will be placed on the downstream side with a backlight. Each bus shelter will have a trash receptacle, a minimum of 2 wind panels, and comply with minimum PSTA standards. Should PSTA change their standards regarding bus shelters, the City Commission remains an independent regulatory agency. The 1,000-foot separation between bus shelters can be waived by the City Manager under certain circumstances. Limitations exist regarding where bus shelters can be placed in the right-of-way. Mr. Siemon indicated Eller Media is somewhat uncomfortable with the special discretion allowed for the City Manager. Frustration was expressed regarding this proposed agreement. The City has tried to get Eller Media into compliance regarding its billboards for a long time. It was felt the City should not have to give in at this point. Mr. Siemon indicated continuing the lawsuit would take a long time and there is no guarantee of victory. In reference to page 5 of the agreement, it was noted the proposed ordinance is not to address standards regarding the bus shelters. Mr. Siemon said the requirement is for the design of the bus shelters not to deviate from Exhibit E. It was noted Eller Media had offered input regarding the drafting of this ordinance. Mr. Siemon indicated common practice is to have input from all affected parties. It was questioned if PSTA makes changes regarding their bus shelter franchise agreement, if the City Commission would have the right to agree with or oppose those changes. In response to a question, the City Attorney said the agreement does not cause the City to abdicate its authority to the PSTA. Mr. Siemon said the ordinance will have to satisfy PSTA requirements. Approval of the settlement stipulation in this suit becomes effective if the ordinance includes certain items. It was questioned if the City could build a nicer shelter than what is agreed to in the ordinance. If the City could build a nicer shelter, would PSTA have the right to demand that the City install advertisements. Mr. Siemon did not think the City could be forced to install PSTA advertisements. He speculated the PSTA would not be able to limit the City’s actions regarding this issue. He said nothing done tonight will affect the relationship between the City and PSTA. Concerns were expressed the shelters will have the name “Eller” on them. Mr. Siemon believed the City could consider the “Eller” as part of the advertising and the ordinance could stipulate the Eller sign be placed in the proximity of the other advertisements. William T. Jonson, Sheila Cole, and Bill Zinzow spoke in opposition to the settlement preferring the City not compromise regarding the sign code. Mr. Siemon noted approximately 50 to 60 places in the City may be candidates for placement of the bus shelters. If PSTA discontinues a route, the affected shelters must be moved within 30 days. The shelters are allowed only on PSTA routes. In response to a question, he said Eller Media has not been willing to allow the City to stipulate which signs will be removed first. It was indicated PSTA has strict graphics regulations. Ken Graves, representative for Eller Media, indicated the advertisements cannot feature tobacco, alcohol, political messages, or socially embarrassing issues. In response to a question, the City Attorney said she did not want to delay the settlement waiting for the ordinance to be finalized. If no ordinance is approved, the settlement is not valid and the case returns to the court. Mr. Graves indicated nothing done tonight will increase or decrease the PSTA’s powers. He said the removal of billboards will be based on advertising contracts. In response to a question, he said advertisements in the bus shelters typically are changed every 30 days. In response to a question by Fran Briskman, it was indicated Eller has an exclusive 10-year contract with PSTA and this settlement will not set a precedent regarding advertising on bus benches. If the City continues the law suit and prevails, it was questioned if Eller may take the matter before the Supreme Court. Mr. Siemon said they may try but he felt they would lose a jurisdictional decision. In response to a question, Mr. Siemon said a successor clause is included in the agreement. It was noted if the 19 billboards are removed and replaced with signage on bus shelters, the total square footage of signage in the City will be decreased. It was felt bus shelters will provide comfort for many people during inclement weather. Commissioner Clark moved to approve the settlement stipulation in Patrick Media (Eller Media) versus the City of Clearwater. The motion was duly seconded. It was felt the City should not give in to Eller. Concern was expressed, if the City stays the course and presses on, 8 more years may pass before the billboards are removed. Such action would cost a great deal of money. It was noted the Commission reserves its right to support or oppose the ordinance. Upon the vote being taken, Commissioners Clark, Hooper, and Seel voted “Aye”; Commissioner Johnson and Mayor Garvey voted “Nay.” Motion carried. The Commission recessed from 9:46 to 9:59 p.m. b) Direction re conservation easement on Camp Soule Property Commissioner Johnson moved to discontinue any further negotiation regarding the Camp Soule Property. The motion was duly seconded. It was noted the Boy Scouts want to remain in charge of the property. In response to a question, the City Attorney indicated the Boy Scouts are interested in the conservation easement but do not know how much public access they would allow. The cost of a conservation easement is based on an appraisal. The FCT (Florida Communities Trust) will not perform the appraisal until the City commits its share of funding for the easement. In the past, the FCT has not spent public monies on properties without public access. In response to a question, the City Attorney said the City could continue without the State’s involvement but would not qualify for State funds. Upon the vote being taken, the motion carried unanimously. The City Attorney clarified that based on this action the City is finished with pursuing agreements regarding the Camp Soule property. ITEM #47 - City Manager Verbal Reports The City Manager announced FDOT is holding a public hearing on the Drew Street Widening project on January 26, 1998, at Oak Grove Middle School. The City Manager announced the January 20, 1998, meeting regarding Penny for Pinellas projects has been canceled. It will be rescheduled. ITEM #48 - Other Commission Action Mayor Garvey and Commissioner Seel thanked staff for the success of the first issue of Clearwater Magazine. Commissioner Seel noted a reference in the minutes to a liaison with the City Commission on the EAB (Environmental Advisory Board) and questioned if all boards had the same. Commissioner Clark indicated this was something that was suggested at a City Commission meeting. The EAB was the first to appoint one. Commissioner Seel requested a letter be sent in opposition to Senate Bill 92 that would require additional compensation to businesses for median closings. Commissioner Seel stated she had attended a recent Coalition of Homeowners meeting and found it valuable to be there. She suggested establishing a rotation for Commission attendance. It was noted other Commissioners already attend from time to time. It was agreed an effort would be made to be certain a Commissioner attends each of these meetings. Commissioner Johnson requested the public be made aware of low cost flood insurance available through FEMA. It was suggested this fact be reported on C-View TV and in Clearwater Magazine. Commissioner Hooper noted Organizational and Development Director Pam Skyrme was a panel member of an Innovations Group Program. Commissioner Hooper requested information regarding the Martin Luther King Day Parade. It was stated the parade is scheduled for Monday. Information will be provided. Commissioner Hooper requested a status report on the Highland Avenue construction project. Commissioner Hooper wished the Mayor a successful trip to Nagano, Japan. Mayor Garvey thanked the City Commission, City Manager, and staff for their support in pulling together to make the Hospitality Center in Nagano a reality. Commissioner Hooper questioned when the beach pool would be brought back to the Commission for direction. The City Manager indicated staff is pulling together information regarding alternatives and will bring it back soon. Commissioner Clark indicated Clearwater beach is becoming less pedestrian friendly. He requested staff address this issue. Mayor Garvey reported the CHA (Clearwater Housing Authority) received 100% on the Weighted Public Housing assessment. She wished the CHA luck as they seek to replace Executive Director Deborah Vincent who has accepted a job in Washington D.C. ITEM #49 - Adjournment The meeting adjourned at 11:16 p.m.