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01/14/1994JOINT MEETING CITY COMMISSION & PINELLAS COUNTY SCHOOL BOARD January 14, 1994 The City Commission of the City of Clearwater met with the Pinellas County School Board Friday, January 14, 1994, at 2:00 p.m. at the School Board Administration Building, 301 Fourth St. SW, Largo. City Commission members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner School Board members present: John Sanguinett Chairperson (At-Large) Andrea Thacker Vice-Chairman (At-Large) Susan Latvala (District 3) Linda Lerner (District 2) School Board members absent: Barbara Crockett (District 5) Lee Benjamin (District 1) Corinne Freeman (District 4) Also present: Elizabeth M. Deptula Interim City Manager Kathy S. Rice Deputy City Manager William C. Baker Acting Assistant City Manager J. Howard Hinesley School Board Superintendent Bruce Taylor School Board Attorney Milton A. Galbraith, Jr. City Attorney Michael Quillen Water Resource Engineer Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The meeting was called to order at 2:06 p.m. for the purpose of discussing issues regarding tree preservation and other Land Development Code requirements affecting school construction projects. Chairman Sanguinett opened the meeting and welcomed the Clearwater representatives. He apologized that Mrs. Freeman, Mrs. Crockett and Mr. Benjamin would be unable to attend. Mayor Garvey thanked the School Board for the meeting and the facility. Tony Rivas, with the School Board, indicated a new process has been established since the Plumb Elementary Addition was designed and construction started. He stated, from this point on, School Board construction projects would go before the Development Review Committee (DRC), submitting plans as early as possible, indicating what is planned at a particular site. City staff will provide comments to the School Board and the School Board will attempt to accommodate City staff comments. He stated the projects that will be under this process are Kings Highway Elementary, Skycrest Elementary, Clearwater Discovery, and Belleair Elementary schools. He felt a nicer and smoother relationship would result in the future. Mrs. Thacker questioned if Mr. Shuford would stay on top of all changes made. It was indicated all plans will go through the Central Permitting Director. Mr. Shuford indicated what will be happening is a courtesy review of the Development Review Committee of the City of Clearwater, and this review will be expedited when appropriate. He stated the review will be in terms of City Code requirements. Excellent cooperation has been exhibited since the new process has been implemented. Commissioner Thomas questioned if the School Board intended to meet the rules of the City outside of the footprint of the building. Mrs. Lerner indicated there are things beyond the footprint, such as security measures, which the School Board must address differently. This will have to be considered. Commissioner Thomas expressed concerns that this process is not legally binding. Mayor Garvey pointed out other considerations needed by the School Board may not fit into the Clearwater Code. Dr. Hinesley indicated what the School Board is saying is they will present the plans for City staff to look at. City staff is to tell the School Board what is to be done to comply with City codes. If there is a disagreement, that disagreement will be worked out. He stated the School Board does not want the City to have the denial authority regarding School Board property as they will receive pressures from neighborhoods to do so. He stated this is an attempt to coordinate and cooperate among the two agencies. Commissioner Thomas again expressed concerns that this is a gray area that he is trying to get rid of. He stated Clearwater has its sovereignty and home rules. He expressed concerns that the School Board had violated those rules at the Plumb School. He stated he wished to settle this among the two agencies without legal action. Mr. Taylor indicated the position of the School Board had been stated accurately by Dr. Hinesley. He stated State Statutes exempts the footprint and the ancillary plants of School Board buildings. There is a requirement the School Board submit plans to other local governments 90 days in advance of a bid. He stated this may not have been done in the Plumb Elementary case. He stated the recommendations from the local government will be acted upon in concert with the School Board's own sovereignty. Mr. Rivas indicated the DRC process was not in place when the Plumb Elementary School expansion was developed. He stated what is being addressed in the DRC review is what's outside the footprint of the building. Commissioner Thomas stated the law is clear that the local government can have no say over the footprint of a school board facility. He questioned the City's ability to regulate everything else. He felt there needs to be a formal methodology established. Mayor Garvey indicated the process outlined was not temporary and it is to be used from here on. Mr. Rivas indicated this was correct. He indicated that, because of the Plumb School incident, this process had been formalized. Commissioner Thomas questioned the City Attorney's response to the School Board Attorney's statements. Mr. Galbraith stated he did not agree that the statutes were as clear as Mr. Taylor had indicated. He stated the schools are not required to comply with local building codes, but it is not clear that would exempt them from such things as the tree ordinance. He stated this is not unique to Pinellas County, and the same thing is going on in Palm Beach County. The City Attorney stated the purpose of today's meeting is to talk about the problem and work out a common understanding regarding the next incident. Commissioner Deegan felt it is more than just the tree ordinance that should be addressed; such things as the sign code, paving of impervious areas, etc. also need to be discussed. Dr. Hinesley pointed out, regarding paving areas, there is a parking lot across from Clearwater High School that the School Board had determined not to pave. He stated it could be shut down, but that would cause other problems regarding the parking of cars. Commissioner Deegan stated the question is "Will the School Board make the decision, or will the City be able to give formal variance approval?" Dr. Hinesley indicated the area referenced has not been declared a parking lot. Commissioner Thomas questioned whether or not it should be, and the Commission grant a variance with the requirement that it be paved. Dr. Hinesley referred to a circumstance where the site for a school had been chosen and everybody thought it was the proper location. When the School Board went through a formal process due to neighborhood pressures, approval was denied. He stated the School Board is willing to work with the City staff to address these issues. He stated most of the work that was done on Plumb Elementary was done for drainage required by the City and County. He stated he assumed the plans had all gone to other departments. He sated there are too many political pressures in each municipality for the School Board to have to get approval from each. Mr. Rivas indicated the trees that were removed would have had to come out due to drainage considerations. He stated the drawings have been modified as a result of this issue, and the School Board has found a way to save more trees. He stated they will meet the City's ordinance regarding landscaping, and they are going to be putting in a great deal more than they have in the past. Mr. Rivas stated the School Board does have a commitment to the community and the environment. He stated they will not be bringing in tiny trees, but three inch live oaks. Mr. Baker indicated he is assuming the concern did not go back to whether a school should be a particular site, but the concern was with the development process and that there should be agreements regarding trees, etc. Mr. Baker indicated when City staff brings up a concern, 99.9% of the time the problems are resolved. He stated when the plans are reviewed, if trees are to be taken out, City staff might ask that a building be moved. If the School Board is able to show that this cannot happen, he stated they will find the City a willing partner in working out the concerns. Dr. Hinesley stated, if need be, he will get involved in the process in order to work it out. He stated he does not want to open the door for site plan approval of each municipality. Chairman Sanguinett indicated the City Commission has the commitment of the School Board. Mr. Baker reiterated both staffs are saying the School Board will do what it can to abide by the rules, and both staffs will cooperatively work out any problems. He stated there will be referees, if needed. Dr. Hinesley indicated a checklist will go along with each project to make sure it gets all the reviews indicated, with the date of the review noted. Mr. Shuford felt there would be something in the file for the record if the cities' codes cannot be met. He stated there will be a way to work out all the issues at staff level. Commissioner Thomas asked that what was being done be formally agreed to. Mr. Taylor indicated he and Mr. Galbraith could work up an agreement that would provide for a process of submitting plans and working out disputes. He indicated the State Statute encourages interlocal agreements. Mr. Galbraith agreed an agreement could be developed. Mrs. Latvala asked that a paragraph in the agreement clearly describe what to do should there be a disagreement between staffs. Commissioner Thomas stated he understood if there was a disagreement with staff, it was to be brought to the City Commission and the School Board; if there was still disagreement, that would go to court. Mrs. Thacker recommended mediation instead. The consensus was to agree with the mediation. The agreement is to be developed by the two attorneys. Dr. Hinesley expressed his appreciation for the School Resource Officer program, and felt Clearwater had one of the best in the County. He stated the officers are a part of the school environment. He also referenced the joint use agreements between the School Board and the City, and stated he felt the two agencies had a good relationship. He thanked the City Commission for the support they give the schools through these and other programs. Dr. Hinesley stated when the Plumb renovation and landscaping is complete, the City will be proud of the school. Mayor Garvey thanked the school system for working with the City. She thanked the School Board members for their time. The meeting adjourned at 2:55 p.m.