11/10/1987 (2)
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CITY COMHISSIOIl SPECIAL MEETIIIG
November 10, 1987
o
The City Commission of the City of Clearwater met in special session at the
City Hall Large Conference Room, Tuesday, November 10, 1987, at 1:07 p.m., with
the following members present:
Rita Garvey
Lee Regulski
Don Winner
William Nunamaker
Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Absent:
James L. Berfield
Vice-Mayor/Commissioner
Also present were:
Joseph R. McFate II
Gerald Weimer
M. A. Galbraith, Jr.
Mike Laursen
Dan Deignan
Shirley A. Corum
Interim City Manager
Assistant City Manager
City Attorney
Personnel Director
Finance Director
Assistant City Clerk
The Mayor called the meeting to order and the following item was discussed:
o
Pens:lon Rewrite
The Board of Trustees shall have the authority to overrule any
Pension Advisory Committee on the granting, denial, or modification
upon the concurrence of not less than four-fifths of the trustees.
decision of the
of any pension
The Finance Director stated he would like to address the issue of the four to
one vote. He objects to the diminished authority of the Board of Trustees
because: 1) this violates the intent of Chapter 112 of Florida Statutes; 2) the
existing ordinance clearly shows no intent for the Pension Advisory Committee to
make final decisions; and 3) any decisions affecting taxpayers should be made by
elected officials. He suggested an automatic hearing be held when the Board of
Trustees decision differs from the Pension Advisory Committee's recommendation.
John Nicholson, of the Pension Rewrite Committee,
an administrative hearing be held whenever there is any question
However, he suggested the hearing be held before the Pension Advisory
prior to the Board of Trustees' consideration of the disability.
stated he had also proposed
of disability.
Committee
vote
a hearing prior to any
a determination as to
disabili ty. It was emphasized, however, that all of the trustees should have
equal information with no bias when considering a person's disability.
Discussion ensued
being taken. It
regarding the advantages of having
could be a formalized way to make
@
(Book 40)
257.
11/10/87
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The Finance Director stated in 90% of
disagreement; the hearing should be held
Committee's recommendation differs from the
emphasized, however, that the determining vote
the disability cases there is no
only when the Pension Advisory
Board of Trustee's decision, He
should be three/two, not four/one.
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Also discussed was whether the hearing should include the power to subpoena
witnesses. Several of the Pension Rewrite Committee members feel the Pension
Advisory Committee would need subpoena powers to hold this administrative
hearing. The Personnel Director stated the Pension Advisory Committee presently
does not have subpoena power. Sometimes even the employee whose pension is being
considered does not attend, there are no witnesses, no transcripts of the hearing,
and not all conversations regarding the person's disability are recorded.
Mayor Garvey stated if the hearing is held before the Board of Trustees, she
could agree to the four/one override vote.
Discussion ensued regarding the problem with police and fire employees
needing state certification in order to do their jobs; even a minor injury can
prevent them rrom continuing their state certification.
Commissioner Regulski pointed out that his original suggestion in making the
four/one override vote was that it should be for disability pension determination
only and not all pensions.
<:>
Commission consensus was that the four/one override vote would be for
disability only; all other votes would only require a three/two vote. This
changes the ordinance (page 6, Sec. 26.33) to read: the Board of Trustees: (2)
shall have the authority to overrule any decision of the Pension Advisory
Committee on the granting, denial or modification of any disability pension upon
the concurrence of not less than four-fifths of the Trustees. "Any other decision
or the Pension Advisory Committee can be overruled by a vote of three/two."
Commission consensus was that the Pension Advisory Committee hold a hearing,
with subpoena and legal powers, prior to a disability pension recommendation being
submitted to the Board of Trustees. This changes the ordinance (page 9, Sec.
26.33.01) (d) The Pension Advisory Committee shall: (1) Establish procedures
necessary to carry out its duties and obligations. "An administrative hearing
regarding disability pension shall be held, with full subpoena and legal powers,
prior to the disability pension recommendation being submitted to the Board of
Trustees. If no hearing is held, the Board of Trustees, by a three/two vote, can
remand the disability recommendation to the Pension Advisory Committee in order
that a hearing be held."
The Finance Director pointed out the language in the Ordinance has been
changed to provide that the Pension Advisory Committee makes decisions rather than
recommendations. Discussion ensued regarding leaving in decide or changing it
back to recommend. Commission consensus was that declde could be used, but
(on page 10, Sec. 26.33.01) to add: the Pension Advisory Committee shall (7)
Decide whether pension benefits shall be granted, denied or modified, and
immediately notify the trustees and the employee or the decision, "subject to a
rurther decision by the Board of Trustees".
C'-.
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(Book 40)
258.
11/10/87
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Also on page 10, the Pension Advisory Committee shall: (3) Require, at its
discretion or when requested by the trustees, an annual review of the medical
status of any recipient of disability benefits by an approved physician (M.D. or
D.O.) to determine if disability benefits should continue. The Committee may
obtain all information necessary to make a determination as to whether disability
benerits should continue, including but not limited to wage, medical, and income
tax records, the cost of obt.aining which shall be borne by the pension plan.
Commission consensus was to add a procedure for notifying the employee and to
provide a hearing whereby the employee would have the right to defend his medical
status.
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Issue of whether the revised pension plan would apply to all employees
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Discussion ensued regarding the expense of allowing two pension plans to
operate simultaneously. The City Attorney stated a section could be added to the
pension ordinance on retroactivity. Mike Stuart, of the Pension Rewrite
Committee, stated everyone should be included under the new plan effective upon
adoption of the ordinance. However, it should be made clear that no present
benefits would be removed from employees currently receiving pension benefits.
Commission consensus was there would be no grand fathering of the old plan,
everyone would be covered under the new plan; however, no present retiree benefits
would be reduced, with the exclusion that, if a retiree receiving disability
benefits recovers, he will lose his disability benefits.
The Assistant City Manager pointed out the pension ordinance should reference
the IRS code as the plan needs to be qualifiable in order to prevent employees
having to pay income tax on the City's contributions to the pension plan.
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Section 26.35 Pension benefits - Employee connected disability (page 12).
(c) If an employee receiving a disability pension receives additional earned
income as a result of engaging in any other occupation, the disability benefit
shall be rejuced annually by 30$ of the amount by which the basic disability
benefit (exclUding additional benefits for dependants) plus additional earned
income exceeds the final 12 months salary of the employee.
The Finance Director
administrative burden on
insufficient to deter abuses
pointed out this provision
the Finance Department. He
to the system.
will result
s ta ted the
in
30%
an
is
Discussion ensued regarding changing the 30$ to 50$ to make it more of a
deterrent. Mike Stuart pointed out the penalty provision encourages retirees to
work illegally and not report income. Charlie Dunn stated that, if the amount is
changed to 50$, City employees will vote against it and will campaign to get the
public to also vote against it. Commission consensus was to change the percentage
from 30% to 50$.
Section 26.30 - Creation and coverage (page 2).
(a)(4) Regular retirement benefits for employees who reach age 65 while still
employed regardless of years of plan participation, provided however, that the
minimum pension bene fi t as provided by Section 26.38 shall not apply. I twas
pointed out that an employee could be hired at age 6~, leave at age 65 and receive
pension benefits of 2-1/2% of final year's salary times one year of employment.
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(Book 40)
259.
11/10/81
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Miles Lance stated a memo has been received from the
stating that social security benefits could be recomputed
error is shown.
EEOC and the State
back three years if
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Gerald Weimer pointed out the City should be very careful in making the plan
apply to employees hired after age 45, as this is a legal question that needs
review by the Legal Department. He suggested the age 45 requirement be removed
for new hires, but no current employees be allowed in at this time because of
possible lawsuits.
Commission consensus was to eliminate the age 45 requirement and to allow the
City Attorney to check with the City's labor counsel regarding retroactivity.
The City Attorney stated he would be preparing one ballot question which
would basically provide for amending the pension plan. Van Horton questioned
whether there would be meetings to explain the revised pension plan ordinance. He
also questioned whether it would be an option to allow the plan to be negotiated
by the unions. The City Attorney stated if the plan is a negotiated item, the
process should stop and it should not go to referendum.
A question was raised regarding whether state law prohibits Commissioners
from serving as trustees of the pension plan. Miles Lance, Assistant City
Attorney, was directed to check into this.
A question was raised whether overtime is included in the definition of
salary under state law. Currently, overtime is included in the City's salary
definition. Miles Lance stated overtime is excluded by state law and he feels
this could become a problem. It was determined that clarification be sought by
Miles Lance.
o
It was
the Pension
ordinance.
included in
questioned whether some form of time limit for reasonable action by
Advisory Committee and the Board of Trustees be included in the
Consensus was that language regarding "the prudent man rule" be
the ordinance.
A question was raised whether the Pension Advisory Committee, which will be
comprised of five members, should have a prohibition as to the number of members
from anyone department. Discussion ensued regarding too many members from one
department being allowed to vote as a block. Steve Zimmerman stated he felt no
more than one person from a department should be represented on the Committee.
Mike Stuart stated this presents constitutional problems regarding a person's
right to run. Commission consensus was not to place a prohibition on the number
of members from anyone department.
The Pension Rewrite Committee was directed to continue their meetings.
.
(Book 40)
260.
11/10/87
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Other Business
The
second
November
ten days
was a problem with
on November 19th.
tha t the notices
reading ordinances
the alcoholic beverage
Attorney recommended
o
City Attorney stated there
reading ordinances to be heard
5th i and due to the fact
prior, all second
December 3, 1987. Since
reading ordinances, the City
and adopt this ordinance.
the advertising for the
The date advertised was
are required to be pUblished
will be continued to the meeting or
ordinance was one of the second
a special meeting be set to pass
Commission consensus
at 6:30 p.m. for second
4420-87.
set
of
a special meeting
the alcoholic
1 st
Ordinance
for Tuesday, December
beverage ordinance,
was to
reading
the City Manager of Safety Harbor informed
still anxious to meet with the Clearwater
suggesting a meeting be set for December 1st
such as Countryside High School, with a
The Interim City Manager
him the Safety Harbor City
City Commission. They are
7:00 p.m. at a neutral place,
present.
stated
Commission is
or 8th at
moderator
Mayor Garvey stated she
Commission could agree to meet
8th at Countryside High School.
disagrees with
wi th the Safety
the
Harbor
use of a moderator but the
City Commission on December
The Interim City Manager stated he would discuss this with the City Manager
of Safety Harbor.
The meeting adjourned at 4:19 p.m.
<0
Attest:
~Ll.l. bJ.~J~
Cita Clerk ~
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(Book 40)
261.
11/10/87
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PIR1L AGERDA - CITY COMMISSION MEETING - NOVE:1BER 19,
1987
(6 p.m.)
o
WELCOME. We are glad to have you join us. If you wish to speak please wait to be
recognized, then state your name and address. Persons speaking before the City
Commission on other than Public Hearing items shall be limited to 3 minutes, No person
shall speak more than once on the same subject unless granted permission by the City
Commission.
,
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Coll1llUDity Redeyelopment Agency will
convene at 6:00 p.m.
ACTION
AGENDA
I.
II.
Pledge of Allegiance
Invocation
I.
II.
Mayor Garvey
Father Thea Anastas, Greek
Orthodox Church of ~he Holy Trinity
3 Service Pins awarded
Certificate of Achievement for
Excellence in Financial Reporting
to Dave Curtis, Finance Department
Approved as submitted
III.
IV.
Service Pin Awards
Introductions and Awards
III.
IV.
v.
Minutes of Regular Meeting
November 5, 1987
Presentations
Citizens to be heard re items not on
v.
VI.
VII.
VI.
VII.
None
Lois Cormier - Thank you to Action
Center & Mike t1ulligan for prompt
response re her concern about the
removal of the trees around City Hall.
Stated she did not feel the source
flashlight should be auctioned.
~
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Hot Before 6:30 P.M. - Scheduled Public Hearings
(1) Presentation of issues by City
sta ff .
(2) Statement of case by applicant (or
representative) 5 minutes.
(3) Statement of case by opposition
5 lIlinutes.
(4) Commission Questions.
(5)
( 6)
(7)
(8)
Comments in support and comments in
opposition: (a) individual - 3 minutes;
(b) spokesperson for groups - 10 minutes.
Commission questions.
Rebuttal by opposition - 5 minutes.
Final rebuttal by applicant or
(representative) - 5 minutes.
VIII
PUBLIC BEARINGS
10.
Continued troll 11/5/87 - Vacation
request of a 10' utility easement in the
E'ly 10' of the W'ly 35', Lot 44, Block
M, Brookhill Unit #5. (Bruner) V 87-14
(PW)
Vacation request for the S l' of the
existing 10' drainage easement on the
N side of Lot 70, Forrest Wood Estates,
less the W 10'. (Wilson) V 87-17 (PW)
09.
Approved to extent of encroachment
of building
09.
10.
Approved
--
262.
11/19/87
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11.
Continued from 11/5/81 - Request for
variance to the 500' minimum distance
requirement for alcoholic beverage sales
to permit on premises consumption of beer
and wine within 455' of a residential
zone at 2503 McMullen Booth Rd in 23-28-
16, M&B 33.02, zoned CC (Commercial
Center), Rutenberg Assoc., LTD (LIL Italy)
AB- 3 (CLIO
Change in the conditions (required by
the City Commission) related to previously
approved variancts for docks at the Marina
del Rey Townhouse Development located
E of the Harbour Condos on Sand Key (Wayne
Schmidt, owner of Lot 50, Marina del Rey
at Sand Key) Lot 50, Marina del Rey at
Sand Key, 30-29-15. (POD)
Petition for annexation & RS-8 zoning
of a .25 acre parcel located on the W
side of Sylvan Dr appx. 250' S of Sunset
Point Rd. Lot 17, Blk A, Harbor Vista
Sub" SE 1/4 Sec 3-29-15. (Horvath) A
87-36 (POD)
Petition for annexation, RM-16 zoning
and a LUP amendment from Low Density
Residential to Medium Density Residential
for a .88 acre parcel located on the N
side of Nursery Rd, appx. 625' E of
Belcher Rd. W 264' of Lot 11, Pinellas
Groves, SW 1/4 Sec 19-29-16. (Hilkert)
A 87-35, LUP 87-24 (PUD)
Pub1ic Hearing & 1st Reading, Ord. 4514-
87 Amendment to the Land Development
Code of Section 137.005 to redefine
"Sign", LDCA 87-13
Pub1ic Hearing & 1st Reading, Ord. 4515-
81 Amendment to the Land Development
Code of Sec. 136.025 (c) (10) to establish
the basis for determining the density
of Congregate Care Facilities, LDCA 87-14
1st Reading Ord. 4~~6-81 - Annexation
of a parcel of land on the E side of
Belcher Rd., appx. 325' N of Range Rd.
Part M&B 22.01. Sec. 7-29-16 (City of
Clwtr) A 87-5, LUP 87-3
Public Hearing & 1st Reading, Ord. 4"~1-
81 - LU? amendment property annexed in
Ord. 4446-87 from Low Density Residential
to Public/Semi-Public. (City of Clwtr)
A 87-5, LU? 87-3
1st. Reading Ord. 411118-87 - Amending
Zoning Atlas for property annexed in Ord.
4446-87 as Public/Semi-Public District.
(City of Clwtr) A 87-5, LUP 87-3
12,
13.
14.
16.
17.
18.
19.
263.
11.
Approved
12.
Approved two 40' long, 3' wide
docks with a 17' space in between
for boat "cradle".
13.
Approved
14.
Approved with/RS4 zoningj
denied LUP amendment
15.
Ord. 45111-81 passed
1st Reading
16.
Ord. 4515-81 passed
1st Reading
17.
Ord. 4446-87 passed
1st Reading
18.
Ord. 44117-81 passed
1st Reading
19.
Ord. 4448-81 passed
1st Reading
11/19/87
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22,
1st Reading Ord. 4484-81 - Annexation
of a parcel W of Soule Rd. & S of Union
St. M&B 21.00, Parcel "A" 36.95 acres,
Parcel "B" 4.00 acres. Sec. 5-29-16
(Sylvan Abbey Mem. Park, Inc.) A 87-24,
LUP 87-16
Public Hearing & 1st Reading, Ord. 4485-
87 - LUP amendment property annexed
in Ord. 4484-87 from Recreation/Open
Space to Low Density Residential for
Parcel A and from Recreation/Open Space
to Public/SemiPublic for parcel B. (Sylvan
Abbey Mem Park, Inc.) A 87-24, LUP 87-16
1st Reading Ord. 4486-81 - Amending
Zoning Atlas for property annexed in Ord.
4484-87 as Residential Planned Development
(RPO) for Parcel A and Public/Semi-Public
(P/SP) for Parcel B. (Sylvan Abbey Mem.
Park, Inc.) A 87-24, LUP 87-16.
Ord. 4484-81
1st Reading
passed
20.
Ord. 4485-81
1st Reading
passed
21 .
22.
Ord. 4486-81 passed
1st Reading
CITY MANAGER REPORTS
IX
COIlSElf!' AGERDA
IX
Items approved as submitted
less Iteml 21
Advisory Board - Notifications
23.
Parks & Recreation Board (1 member)
Notification (CLK)
Library Board (2 members)
Notification (CLK)
Development Code Adjustment Board
(1 member) Notification (CLK)
24a
Agreements
25.
Joint Use agreement with Pinellas
School Board. Various facilities,
12/31/88 (PR)
Junior Miss Softball of Clearwater, Inc.,
Sid Lickton Park for construction of
concession, storage & restroom building.
(PR)
"Adopt-A-Park-Agreement" with Island
Estates Civic Association for installation
& maintenance of landscaping and signs
at Island Estates entrance. (PR)
Approved
County
1/1/88
26.
27.
27.
Bids & Contraots
28.
Surplus Personal Property. Sumter
Machinery Auction, Bushnell, FL, 5%
commission of gross sales, tentative date
12/6/87. (CS)
264.
11/19/87
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29.
Closing of Underground Storage Tanks.
Petroleum Products Service, Inc.,
Clearwater, $39,251.51. (CS)
Flood Lights for Carpenter Field
Graybar Elec., Largo, & Bay Area
Clwtr., $16,653.20. (PR)
Sodium Bicarbonate for use in waste water
treatment. Thompson-Hayward Chemical
Co., Tampa, $25,000.00 (PW)
Batting Tunnels at Carpenter Complex &
Jack Russell Stadium. C. A. Oakes Const.
Co., Inc., $85,296.00 (PW)
VIP parking area at Jack Russell Stadium,
Golden Triangle Asphalt Paving Co.,
$45,202.25 (PW)
Astroturf practice
Stadium. Astroturf Industries,
Dalton, GA, $253,200.00 (PW)
Traffic Signal controllers for
computerized signal system. Transyt Corp,
Tallahassee, $163,000.00. (TE)
Parking Lot Attendant Services.
Parking System, Chattanooga, TN,
$62,000.00 (TE)
Complex,
Elec, ,
31.
32.
33.
34.
infield at Jack Russell
Inc,
35.
36.
Republic
Change Orders
37.
#2 - Bankston Construction
$8,047.50 increase for
second story addition, Police Department
main station, for new state sales tax
on service. (CS)
Change Order
Corporation.
Plans & Plats
38.
Preliminary Subdivision Plat for PACT,
Inc. (PACT, Inc. School) located on the
N side of the "PACT" Site and E of One
Kapok Terrace Condominium, E of
McMullen-Booth Rd. M&B 24-05, See 9-29-16,
(PACT, Inc.) SUB 87-15 (PUO)
Receipt & Referral
39.
Petition for annexation & RS-4
for a 1.69 acre parcel located on
W side of McMullen Booth Rd appx.
N of Main St. (SR 588) M&B 22.05,
4-29-16. (McMullen) A 87-41 (PUD)
Petition for annexation and RS-6 zoning
for a .2 acre parcel located on the E
side of Woodcrest Ave appx. 375' S of
Jeffords St. N 90' of Lot 4, Blk J, Oak
Acres Addition, Unit I, See 23-29-15.
(Jones) A 87-42. (PUO)
zoning
the
800'
See
40.
265.
11/19/87
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41.
Petition for annexation, P/SP zoning and
a LUP amendment from Low Density
to Public/Semi-Public
parcel located on the
of McMullen Booth Rd appx. 1,300' N of
Main St. (SR 588) M&B 22.04, See 4-29-16.
(Northeast Church of Christ) A 87-39,
LUP 87-26 (PUD)
Petition for annexation, CH zoning & a
LUP amendment from Medium Density
Residential to Commercial/Tourist
Facilities for a .65 acre parcel located
at the SW corner of the intersection of
Haas Ave. and US 19. Lots 1 & 2, Haas
Sub. & a portion of Lot 3, Blackburn Sub.
See 6-29-16 (Ridge Haven Assoc. LTD) A
87-37, LUP 87-25 (POD)
Petition for annexation, P/SP zoning and
a LUP amendment from Low Density
Residential to Public/Semi-Public for
a 9.6 acre parcel located on the S side
of Curlew Rd. appx. 500' W of Countryside
Blvd. M&B 42.01, SW 1/4 Sec. 17-28-16.
(Diocese of St. Petersburg) A 87-43, LUP
87 -30 (POD)
o
Residential
a 3.07 acre
for
W side
42.
43.
CITY ATTOIlHEY
Deeds &
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.
Basements
installation & maintenance
45.
Utilities
easements in the SW 1/4 of the NE 1/4 of
See 13-29-15. (The Southland Corp)
A 10' gas line easement & an ingress &
egress easement in Sec. 30-28-16.
(Countryside Village LTD)
10' easement for surface & air use for
water lines & meters in Sec. 18-29-16.
(Equitel, A Florida General Partnership)
46.
x
OTHER ITEMS OK CITY MAUGER REPORTS
47.
Revised Preliminary Subdivision Plat for
Curlew Heights located S of Curlew Rd.j
W of Countryside Blvd. and particularly
300' E of 66th St. N & 400' S of 297th
Ave. M&B 33.04, See 17-28-16. (Sempecos)
Sub 87-12 (POD)
47.
Not accepted
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266.
11/19/87
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49.
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50.
51.
XIV
xv
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48.
Preliminary Subdivision Plat for Feather
Tree located SE of Airport Dr. & Weber
Ave., NE of the intersection of Center
st. & Tulane Ave. Drew Heights, Entire
Blk C, vacated portion of Tulane Ave.,
vacated portion of Airport Dr. abutting
this property and M&B 33.-1, See
12-29-15.(S.C.C. Development Corp., Inc,)
SUB 87-14 (POD)
D:
Other Pending Matters
XII
Verbal Reports
XII
CITY ATTOllRBY REPORTS
XIII
Resolutions
Res. 81-36 - Assessing the owners of
property the costs of having mowed or
cleared the owner's lot.
Res. 81-43 - Authorizing the execution
of five Subordination of Utility Interests
Agreements with the State of Florida,
Department of Transportation, regarding
certain drainage and utilities easements
owned by the City, adjoining the existing
ROW of SR 60, Sec. 17-29-16 (McMullen)
(McGoldrick) (Orlando), (Meadors)
( Tanney')
Res. 81-4~ - Requesting
Commission place question(s)
Pension Rewrite on March '88
County
regarding
ballot.
Other City Attorney Items
XIV
Other Commission Action
267.
48.
Approved with conditions
XI
None
Interim City Manager reported the
time of the 1/18/88 work session
conflicts with Martin Luther King Day
activities. Consensus to change time
to 1:00 p.m. Interim City Manager
requested authorization to pursue
attempting to have the State change
the site for the proposed State Office
building to the Annex site as the first
two sites proposed by the State are
not available. Consensus to authorize.
49.
Res. 81-36 adopted
50.
Res. 81-43 adopted
51.
Res. 81-44 adopted
Authorized hiring of Alan Zimmett as
special counsel for 6 cases.
Authorized settlement of $13,000 in
Toomer case.
xv
Commissioner Winner expressed
resentment regarding statements that
the City Commission is not fOllowing
through on purchase of Cooper's Point.
11/19/87
,.