06/05/1961
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1-//7
OITY COMMISSION MEETING
June 5, 1961
The City Commission of the City of Clearwater met in regular session at the
City Hall, Monday June 5, at 1:30 P.M., with the following members present.
Cleveland Insco, Jr.
Herbert R. Fields
Kenneth Walters
Oommissioner
Oommissioner
Oommissioner
Absent:
Robert L. Weatherly
Amos G. 8rni th
Mayor-CornrrUssioner
Oorrunissioner
Also present were:
James R. Stewart
Herbert M. Brown
8. Lickton
Willis Booth
O:1ty Manager
O:1ty Attorney
C:1ty Engineer
Ohief: of Police
Acting-Mayor Commissioner Cleveland Insco, Jr., called the meeting to order.
invocation was given by the City Attorney.
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Commissioner Fields moved that Mayor Weatherly be excused from this meeting due ~~ ~
to illness, and that Commissioner Smith be excused to attend his sonls graduation. 7-/7-61 G
The motion was seconded by Commissioner Walters and carried unanimously.
A public Hearing was announced on the construction of: sanitary sewers in Fair Oaks
area. The City Engineer estimated a total cost of $175,165.00 plus $35,750 for a
lift station and force main. He estimated the front ~oot cost at $5.00 per foot,
including the lift station and force main, or $4.16 per foot excluding these items.
Mr. Walter Cooper, Mr. J. Karl Mason, Colonel George Biles, and Mr. George Chappell
spoke in favor of the project.
The question of the City's absorbing the cost of the lift station and force main
was discussed. Commissioner Fields moved that the City of Clearwater absorb the cost
of the lift station and the high pressure line from the 1if:t station to the Belcher
Road Force Main. COmmissioner Walters seconded the motion which carried unanimously.
The City Clerk read a petition from property owners of East Druid Estates Subdivision
dated May 24, 1961, relative to the dif:ference in cost of a sim1lar project for the
City of St. Petersburg. In answer to questions concerning the use of: easements, the
City Engineer stated that the water line and the sewer line must be ten feet apart
according to Health Department requirements, and that there was no alternat:1ve except
to use the street to avoid the water pipes. The Clerk summarized letters and petitions
received: four letters favoring the project, but objecting to placing the sewer in the
street; three letters objecting to the project; a petition of objection from the owners
of: Lots 1, 2, and 3, Block A, Oak Acres; a petition of objection from property owners
in Hollingsworth Estates. A lengthy discussion ensued relative to the use of easements
instead of the streets. Commissioner Fields moved that this matter be returned to the
City Manager and the City Engineer for further study on the possibility of: using the
easements for the construct:1on of sewers, that they contact the Health Department,
and report to the Board as soon as possible. Motion was seconded by CommiSSioner
Walters and carried unanimously.
Acting Mayor Insco presented the retiring City Building Maintenance Superintendent,
Charles Moloney, a certif:1cate of appreciation for this twenty-two and a half years'
service, and a gold watch from the City of Clearwater. Mr. Noloney received a
standing ovat:1on.
The City Manager recommended the low bid of $6353.60 submitted by U. S. Pipe &
Foundry Company, Birmingham, Alabama, be accepted for 3610 feet o~ 6" cast iron pipe
for the Water D:1vision, utilities Department. Commissioner Fields moved on the
joint recommendation or the utilities Department; Manager! Water Superintendent, Finance
Director and Assistant Purchasing Agent, that the bid o~ ~6353.60 subm1tted by U. 8.
Pipe & Foundry Company, Birndngham, Alabama, which is the lowest and best responsible
bid, and that the appropriate officials of the City be authorized to execute said contract
which shall be in accordance with the plans and specif:ications and bid. Motion was
seconded by Commissioner Walters and carried unanimously.
The City Manager recommended accepting the low bid of Lanier Company of $689.00
for equipment for recording and reprOducing police radio messages for Clearwater Police
Communication Center. Mr. Bill Shanahan, Dictaphone Corporation, St. PeterSburg,
claimed Lanier does not meet the specifications by not having the Underwriters
Laboratory approval. By consent the bid was referred back to the City Manager for
further study.
The City Manager requested action on bids for gas main exten~ioila on Clearwater
Beach be postponed, which request was approved by consent.
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-2-
(CITY COMMISSION MEETING)
June 5, 1961
7'Ig
The City Manager recommended the low bid of A. A. Schultz Construction Company,
in the amount or $7076.25 be accepted. Upon the recommendation of the City Engineer,
Finance Director, and Assistant Purchasing Agent, Commissioner Fields moved that the
contract for Traffic pattern, Mandalay and Cause\~y Blvd.~ be awarded to A. A. Schultz
Construction Company, Dunedin for the sum of $7076.25, which is the lowest and best
responsible bid, and the appropriate officials of the City be authorized to execute
said contract which shall be in accordance with the plans and specifications and bid.
Commissioner Walters seconded the motion which carried unanimously.
The City Manager recommended the acceptance of the bid or Odorite of Florida
for floor nlaintenance machine for Parks and Recreation Department in the amount of
$1480.75, as the low bid did not meet the City specirications. Commissioner
Walters moved on the joint recommendation of the Parks and Recretation Director,
Finance Director and Assistant Purchasing Agent, that the bid of Odorite of Florida,
Tampa, in the amount of $1480.75 which is the only bid which meets the City'S
speci~ications be accepted, and authorized the appropriate officials of the City
to execute said contract, which shall be in accordance with the plans and specifications
and bid. Commdssioner Fields seconded the motion which carried unanimously.
The City Manager read a letter and Resolution of the Board of Public Instruction
relative to the opinion of the Attorney General concerning the legal authority in
handling of plans for construction of county and state school buildings, as well as
authority for issuing permits, as the State, and not municipal action. Commissioner
Fields moved the resolution from the County School Board regarding building permits
be received for further study. Motion was seconded by Commissioner Walters and
carried unanimously.
The City Manager presented a request for approval of transfer for a second-hand
store license to Harry S. Kimmel located at 1356 S. Fort Harrison Avenue, presently
operated by Chris Campanile and Joe Fromme. The Police Department and the City
Manager recommended approval. Co~ssioner Fields moved the transfer of license of
the second-hand store at 1356 South Fort Harrison to Harry S. Kimmel be approved.
Motion was seconded by Commissioner Walters and carried unanimously.
The City ~nager presented a request for approval of plans for the construction
of a filling station at the northeast corner of Greenwood and Palm Bluff. Plans were
reviewed by the Planning and Zoning Board, with no objections. The City Engineer'S
Office approved the plans as amended, such changes indicated in red. Commissioner
Walters moved approval of the request. Motion was seconded by Comrrdssioner Fields
and carried unanimously.
The City ~nager presented a request for approval of plans for an addition to
Frank's Department Store to include a roof over the alley between Lots 3 and 12, Gould
and Ewing'S 2nd Addition. The City Engineer approved the roof subject to its being a
minimum of 14'6" above the alley. Commissioner Fields moved that the plans of Frank's
Department Store be approved subject to a minimum clearance of 14'611 for the roof over
the alley. Motion was seconded by Commissioner Walters and carried unanimously.
The City Attorney read Resolution t~1-52 approving two easements for the Florida
Power Corporation on Lot 10, City Park Subdivision for them to serve the Shell Oil
Company, and the Small Marina, with new underground facilities. Commissioner Fields
moved Resolution #61-52 be approved and the proper officials be authorized to execute
it. Motion was seconded by Commissioner Walters and unanimously carried.
Resolution #61-53 was presented requiring nineteen property owners
their lots of weeds and underbrush. Comrrdssioner Walters moved approval
~1-53, and that the proper City officials be authorized to execute it.
seconded by Commissioner Fields and carried unanimously.
The City Attorney suggested Hesolution #01-54, commending the Legislative
Delegation on their outstanding service and cooperation in handling the passage of
the local bills pertaining to the City of Clearwater in the 1961 Legislature of the
State of Florida. Commissioner Fields moved the adoption o~ Resolution #01-54, and
the authorization of proper City of~icials to execute it, with copies sent to each
or the Florida State Legislators. Motion \ms seconded by Commissioner Walters and
unanimously carried.
to clean
of Resolution
f'.10tion was
The City Attorney suggested the Commission reapprove the sale of the East Half
or Lot 19, Clearwater Industrial Park to indicate the correct name for the records.
Comrrdssioner Fields moved that the action of February 2Q,1961~wherein the Commission
approved the sale of the east hal~ of Lot 19, Clearwater Industrial Park to Decks, Inc.,
be changed to show the property sold to Frank E. Carroll, and the proper officials be
authorized to execute the appropriate instruments in that name. Motion was seconded
by Cornrndssioner Walters and carried unanimOUSly.
The City Attorney requested approval of purchase rrom Kathleen H. Forbes for a
portion of Lot 5~ Block 1, Sarah McMullen's Subdivision for right of way on Drew
Street for $600, which amount includes $400 for the land and $200 for the shrubbery.
Commissioner ~alters moved the approval of purchase of the property from Kathleen H.
Forbes in the amount of $600, and the proper ofricials be authorized to execute same~
Mot~on was seconded by Commdssioner Fields and unanimOUSly carried.
The City Attorney stated there a~ three Acts subject to referendum passed by
the Legislature, and machinery must be set up for a special election to approve these
items. By consent it was decided to take up this matter at a future Commission meeti~.
Mr. O. J. Williams~ Aetna Life Insurance Company, asked the status of the insurance
program for the City emp~oyees. After discussion on the requirements of the State Law,
Commissioner 'Fields' moved that the City Attorney proceed with the preparation of the
, necessa~ papers to oover insurance for City employees. Commissioner Walters seconded
the motion which was unanimously carried.
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-4-
CITY COMMISSION MEETING
June 5, 1961
AGENDA
CITY COMMISSION MEETING
JUNE 5, 1961
1 : 30 P. M.
Publio Hearings
1. Sanitary Sewe~s - Fair Oaks Area
Repor1B from City Manager
2. Bids, Cast Iron P1pe
3. Bids, Recording & Reproduotion Machine
4. Bids, Gas Main Extensions, Clearwater
5. Bids, Traffic Pattern-Mandalay & Causewroy
Blvd.
6. Bids, Floor Maintenance Maohine
7. Resolution - Board of Public Instruction
8. Request for Second Hand Store License
9. Retirement - Charles Moloney
10. Approyal Plans - Service,S~atlon' ~Greepwood
and,l'alm Bluff
11. Approval of Plans - Remodeling Frank's
Dept. Store
12. Other Engineering Matters
13. Verbal Reports and Other Pending Matters
Reports from City Attorney
14. Resolution - Authorizing Exeoution of
Two Easements to Florida Power Corp. at
Small Marina
15. Lot Mowing Resolution
Invocation
Introduct:tons
Minutes of Preceding Meetings
Public Hearings
Reports from City Manager
Reports from City Attorney
Citizens to be Heard
Other Commission Action
Adjourrunen:t
Meeting Pens10n Plan Trustees
--------------~------------------------------------------------------------------------~-~-
Mr. James Stewart
City Manager of Clearwater
Municipal Building
Clearwater, Florida
Dear Mr. Stewart:
May 26, 1961
I am enclosing a oopy of the resolution adopted by the Board of Public Instruction
at its meeting on May 24, 1961. You will note that the Board of Publio Instruction
has cited the General Statutes and the opinion of the Attorney General of Florida
concerning the legal authority in handling of plans for oonstruction of county and
state school buildings, as we1las the authority for issuing of permits.
In adopting this resolution by the Board, it is olearly understood by all members
that they wish to continue the f:tne cooperation existing between the Board and county
and city authorities in the education and training of our children, with respect to
public life, health and safety, and to receive the services of the various departments
and agencies in the training of our children within our school program.
We also ask the cooperation o~ the city in reviewing our plans and indicating to the
Board of Public Instruction any defects in the plans that might have any bearing on
the health and safety of the occupants of our buildings. You will note the authority
clearly states that the final approval of school plans will be the responsibility of
the Board of Public Instruction and the State Board of Education.
We request that this resolution be read in regular assembled meeting of the City Counci~
and the proper authorities within the City of Clearwater be informed of the resolution
and the action taken by the Board of Public Instruction.
Sincerely yours,
/s/ Floyd T. Christian
Superintendent of Public Instruction
Enclosure
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-5-
City Commission Meeting
June 5, 1961
RESOLUTION
Pinellas County Boa~d of
Public Instruction
Clearwater, Flo~ida
The Board of Public Instruction in its meeting assembled May 24, 1961 does hereby adopt
the following resolution:
WHEREAS, the Board or Public Instruction or PinelLas County~ Florida is a duly
constituted subdivision of the State of Florida, and
WHEREAS, The Board or Public Instruction is charged with the responsibility of
constructing~ maintaining, and operating school buildin~B under the Laws of the State o~
Florida, and regulations and adopted codes of the State Board of Education, and
WHEREAS, it is required by State Law that all public school build~ngs constructed
in the State of Florida shall be approved by the School Plant Section of the State
Department or Educat1on~ and
WHEREAS, the Attorney General of the State of Flo~ida has ruled that when the State
ha~ established its own building code for school buildings, a municipality has no legal
authority to interfere by ordinance without a specific ~rant of authority in its charterj
and
WHEREAS, The Attorney General of the State of Florida has ruled that the State and
its subd1vis~ons are not subject to legal enactments of a municipal corporation and the
property of the State and its agencies is free from munLcipal direction, and
WHEREAS, the Attorney General of the State of Flo~ida has ruled that unless there is
a clear Showing of a defect in the plans approved by the State for school construction wh~ch
is of such a serious nature that the health and safety of the occupants of a building
would be endangered, a municipality has no authority to interfere with State approved plans,
and
WHEREAS, the Pinellas County Board of Publ~c Inst~uction desires to continue to
cooperate with local authorities in the same spirit that has heretofore prevailed in the
education and training of children with respect to publLc life, health and safety, and to
receive the services of these agencies consistent with the unique character of the operat~on
of a public school program,
NOW, THEREFORE BE IT RESOLVED that the Pinellas County Board of Public Instruction
recognizes and accepts the laws~ regulations, and codes adopted and administered by the
State Board of Education and the State Department of Ed~cation as the prevailing authority
for constructing, maintaining, and operating school buiLdings, and
NOW, THEREFORE BE IT FURTHER RESOLVED that the Pinel1as County Board of Public
Instruction ~nvites the recommendations and advice of local regulatory authorities in the
planning, construction, maintenance~ and operation of s~hool buildings to the extent
that there is no conflict between local ordinances and Laws of State or Florida and State
Board of Education Regulations and should conflict exist then State Law and regulation
shall prevail, and,
NOW THEREFORE BE IT FURTHER RESOLVED THAT Pinellas County Board of public InBtruct~on
desires the issuance of construction permits so long as these are at no cost to the Board
of Public Instruction.
/s/ C. E. Helman, Jr.
Chairman of the Board of Public Instruct~on
of Pinellas County, Florida
/s/ Floyd T. Christian
Superintendent of Public Instruction
The above resolution was adopted by the Board of Public Instruction at its regular meeting
on WedneSday May 24, 1961.
I, Floyd T. Chr~stian, Superintendent of Public Instruction and ex offic~o Secretary to
the Board of Public Instruction of Pinellas County, Flo~ida, do hereby certify that the
foregoing is 'a true and correct copy of Resolution duly passed and adopted at a regular
meeting of the Board of Public Instruction held on the 24th day or May~ A.D. 1961, and
is a part of the Minutes of that meeting. Witness my hand and official seal this 25th
day of May, 1961.
/s/
Floyd~. Christian
Superintendent or Public Instruction and
ex orfLcio Secretary of the Board or
, ?ublic Instruction of P~nel1as County, Florida
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-6-
CITY COMMISSION ME~ING
June 51 1961
May 291 1961
Honorable City Commissioners
Clearwater~ Flo~ida
Gentlemen:
As T~ustees of the c~ty of Clearwater Employees' Pension Fund, you are hereby
notified that in view of the attached letter from Mr. Charles Moloney, who has completed
more than twenty-two years of service with the City~ the Advisory Commdttee recommends
that he be reti~ed at a pension of $223.33 per month.
Unde~ the terms of the Pension P1anl the computation is as follows:
$291887.73
51977.55
498.13
~otal wages paid for the last rive years
Average wages per year
Average wages per month
2% x 498.13 equals $9,9626
22 5/12 ~s. service x 9.9626 equals $223.33 Monthly Pension
~. Moloney meets all the requirements for retirement under our Pension Plan
and has given the City many years of untiring service as Superintendent of BUilding
Maintenance.
Respectfully subndtted,
ADVISORY COMMITTEE of the
c~ty ~ployees' Pension Fund
/s/ Paul Kane
Chairman
/s/ Ed~n Blanton
/s/ Helen Peters
I hereby certiry the above dates and calculations to be correct according to the
records of this office.
/s/ Frank Abernathy
City Treasurer.
----~-~-~------------~-----------------------------------------~------------~----~-----------
May 18, 196~
c~ty Employees' Pension Advisory Cornrrdttee
c~ty Hall
ClearwaterJ Florida
Gentlemen:
I am submitting my rormal request to the Pension Conmittee ror retirement benefits under
Section 5 of tne City Employees' Pension Plan, to be effective August 1~ 1961.
Respectfully submitted,
/s/ Charles Moloney
Building Maintenance Superintendent.
cc: c~ty Manager
C~v:tl Service
---------~-------------------------------~----------------------------------------------------
Honorable City Commission
ClearwaterJ F~orida
Gentlemen:
April 12, 1961
/s/ Paul Kane~ Chairman
/s/ Edwin Blanton
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As Trustees of the City of Clearwater Employees' Pension Fund, you are hereby notified
that perry W. Walker, Attendant~ Sewage Treatment P~ant has been duly examined by a local
physic:1an and designated by him as a IlF~rst Classll risk.
The above employee began his service with the City of Clearwater on September 26J 196o~
and is under 45 years of age (birth date Mar. 30, 1939), and meets the requirements of
our Civil Serv~ce.
, It is hereby recommended by the Advisor.y Comrrdttee that he be accepted into membership.
Very truly yours,
Advisory Committee of
The Employees' Pension Fund
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,that Charles E. Hayden, a patrolman, pol:tce Department" has been dulY' examined by a loaal' .,' ,/"
physioian and designated by him a llFjJrst Class" r:Lsk. ,.,\15
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City of Clearwater on November 25" 1960".< ,,";',",f:.:;
13, 1937) and meets the requirements of :':" "":}~...:,)~~
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"'.',~.':;/:{.,:,::~c>.:::"~'>::' " I;sll PEadulw:t KBanle'tChairman ',:,,' .,..: ';:[,?:r:>:'.',:.':.,i'".",:'-'.'""
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Commission Meeting
June 5, 1961
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and is under 45 years of age (birth date Feb.
our Civil Servioe.
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CITY COMM:iSSTON MEETING
June 5, 1961
The City Commission of the City oi Clearwater met in regular session at the
City Hall, Monday June 5, at 1:30 P,M., with the following members present.
C].eveland Insco, Jr. Commissioner
Herbert Ii.. T'ields Commissioner
Kenneth WaTters Corrunissioner
Absent:
Robert L. Gfeatherly
Amos G. Smith
A1so present were;
Jamea R. Stewart
Herbert M. Brown
S. Lickton
Willia Booth
Mayor-Commissioner
Commissioner
City Manager
City Attorney
City Engineer
Chief of Police
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Acting-Mayor Commis�ioner Cleveland Insco, Jr., called �he meeting to order, The
invocation was given by the C1ty Atitorney,
Commissioner Fields moved that Mayor We�therly be excused from this meeting due �:�cL-
to illneas, and that Commissioner Smith be excused to attend his son�s graduation, �_/?-�/
The mo�ion was seconded by Commissi��ner Walters and carried unanimously.
A Public Hearing was announced on the construction af sanitary sewers in Fair Oaks
area, The City Engineer estimated a tota:l cost of �175,165,00 plus $35,750 for a
lift station and force main. He estimated the front foot cost at $5,A0 per foot,
including the lift station and force main, or $4.16 per foot excluding these items,
Mr. Walter Cooper, Mr. J, Kar'1 Mason, Colonel George Biles, and Mr, George Chappell
spoke in favor of the project.
Thz question of the City�s absorbing the cost of the lif't station and force main
was discussed, Commissioner Fields moved that the City of Clearwater absorb the cost
of the lift station and the high pressure line from the lift station to the Belcher
Road Force Ma3_n. Commissioner Walters seconded the motion which carried unanimously.
The City Cl�x�k read a petition fr�om property owners of East Druid Estates Subdivision
dated May 24, 1�61, relative to ths difference in cost of a similar project �'or the
City of �t. Pet�rsburg, In answer to questions concerning the use of easements, the
City Engineer stated that the water line and the sewer line must be ten feet apart
accorc�ing,to Health Department requirements, and that there tvas no alternative except
to use tk�e streei; to avoid the water pipes. The Clerk s+ammarized letters and petitions
received: four letters favoring the projeet, but objeeting to placing the sewer in the
street; three letters objecting to the project; a petition oi' objectior�from the owners
of Lots 1, 2, and 3, Block A, Oak Acres; a petition of objection from property owners
in Hollingsworth Fstates, A lengthy discussion ensued relative to the use of easements
instead of the streets, Commissioner Fields moved tnat this matter be returned to the
City Manager and the City Engineer for further study on the possibility of using tihe
easements for the construction of sewers, that they contact the Health Denartmen�,
and report to the Board as soon as possible, Motion tivas seconded �y Commissioner
Walters and carried unanimously.
Acting Mayor InseQ presented the retiring City BuilcLng Maintenance Superintendent,
Charles Moloney, a certiricate of appreciation for this twenty-two and a half years�
service, and a gold watch from the C�ty oz Clearwater, Mr. Moloney received a
standing ovation,
The City Manager recommended the lovT bid of $6353.60 subr.u.tted by U. S. Pipe &
Foundr� Company, Birmingham, Alabama, be accepted for 3610 feet oi 6" cast ir•on pipe
for the Water Division, Utilities Department. Cor,imissioner Fields moved on the
joint recflmmendation of the Utilities Department, l�fanager Water Superintendent, Finance
Director and Assistant Purchas:Lng Agent, that the bid of �6353.60 submitted by U. S,
Pipe & Foundry Company, Birmingham, A7.abama, which is the lojaest and best responsible
bid, and that the appr�priate officials of the City be �uthorized to execute said contract
which shall be in accordance with the plans aizd specifications ar.id bid, Notion w4s
Seconded by Commissioner Walters and carried unanimously.
The City Manager recorrunended accepting the l.ow bic� of Lanier Company of �689.00
for equipmen� for recording and reproducing police radio inessages for Clear�vater Police
Communication Center. Mr, Bill Shanahan, Dictaph�ne rorporation, ,��, petersbur�,
claimed Lanier does not meet the specifications by n�t havin� the Underjvriters
Laboratory approval. By consen� the bia was referred back to the City Manager for
further study.
The City Manager xequesied action on bids for gas main exten�ioii� un Clearwater
Fseach be postponed, which request was approved by consent.
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( CITY COMMTSSION MF'ETII3G )
June 5, 1961
The C3.�Gy Manager recommended the lo��r bid of A. A. Schultz Construction Company,
in the amount of $7076.25 be accep�;ed. Upon the recommendation of the Ci�y Engineer,
F3nance Directory and Assistant Purchasing Agen�, Commissioner Fields moved that tY�e
contract for Traffic Pattern, Mandalay and Causeway Blvd., be awarded to A. A. Schult�
Con�truction Company, Dunedin for the sum of $7076.25, which is the lowest and best
responsible bid, and the appropriate c�'ficials of the City be authorized to execute
said contract which Shall be 3n accordance with the plans aizd specifications and bid.
Commissioner Walters seconded the mot3on which carrled unan3mouuly,
The City NIanager recommended the acceptance of the bid of Odorite of Florida
for floor maintenance machine for Parks and Recreation Departmeilt 3.n the amount o�'
$l�i•80,75, as the low bid did not meet the City specifica�ions. CommissionEr
Walters moved on the joint recommendation of the Parks and Recretation Director,
Finance Direetor antl Assistant Purchasing Agent, that the bid of Odorite of Elorida,
Tampa, in tkie amount of $1�80.75 i�hich is the Dnly bid which meets the City�s
spec�fications be accepte�, and authorized the appropri.ate ofi'icials of the C�.ty
�o execute sai:d contract, wh9.ch shall be in accordance with tYie plans and specifications
and bid. Commissioner Fields seconded the motion which carried unanimousl.y.
The City Manager read a letter and Resolution of �he Board of Public Insiruction
relative to the opinion of the Attorney General concerning the legal authority 3,n
handlir� of plans for construction of courity and state school buildings, as well as
authority for issuing permi�s, as the State, and not municipal action. Commissioner
Fields moved the resolution from the County Schoo7. Board regarding building permits
be received for further study. Motion was seconded by Commissioner Walters and
carried unanim�usly,
The City Manager presei�ted a request for approval of transfer for a second-hand
store license to Harry S, Kimmel located at 1356 S. Fort Harrison Avenue, presently
operated by Chri� Campani�e and Joe Fromme. The palice Departmen.t and the City
Manager recommended approval, Commissioner Fields moved the transfer �f license of
the second-hand store at 1356 South Fort Harrison to Harr.y S. Kimmel be approved.
Motion Was seconded by Commissioner �rJalters and carried unanimously.
The City Manager presented a request for approval of plans for the construction
of a filling station at the northeast corner of Greenwood and Palm 31u�'f. Plans were
reviewed by the Planning and Zoning Board, with no objeetions, The City Enoineer's
Office approved the plans as amended, such changes indicat�d in red, Commissioner
Walters moved approval of the request. Motion was seconded by' Commissioner Fields
and carried unanimously.
The Ci�ty Manager presented a request for approval of plans for an addition to
Frank�s Department Store to include a roof over the alley between I,ots � and 12, Gould
and Ewing�s 2nd Addition. The City Engineer approved the roof subject to it� being a
rr�nimum of 14'6" above the alley, Commissioner Fields mcved that the plans of Frank�s
Department Store be approved subjeet to a minimum clearance of 14�6" for the roof over
the alley, Motion was seconded by Commissioner Walters and carried unanimously,
The City Attorney read Resolution #61-52 approving two easements for the Flori�a
Power Corporation on Lot 10, City Park Subdivision for them to serve the Shell Oil
Company, and the Small Ntarina, with new underground facilities. Commissioner Fields
moved Resolution #61-52 be approved and the proper officials be autk�orized to execute
it. Motion was seconded by Comm3.ssioner Walters and unanimously carried.
Resolut3on �`61-53 was presented requiring nineteen property owners to clean
their lots of' weeds and u.nderbrush. Commissioner Wal�ters moved approval of Resolution
�1-53, .and that the proper City officiaZs b�� authorized to execute it, Motion was
seconded by Commissioner Fields and carried unanimously.
The Gity Attorney suggested 1�Qsolution �C1-54, commanding the Legislative
�elegation on their outstanding service and cooperation in hzndling the passage of
the local bills pertaining to the City c�f Glearvrater in the 1961 Legislature of the
State of Florida. Commissioner Fields moved the adoption of Resolution �{61-51�, and
the authorization of proper City officials to execute it, w3.th copies sen� to each
of the Florida State I,egislators. Motion was seconded by Commissioner Walters and
unanimously carried.
The City Attorizey suggested the Commission re�pprove the sale of the East Half
of Lot lg, Clearwater Industrial Park to indicate the correct name for the records.
Comm3.ssioner Fields moved that the action of' February 2p,1961�wherein the Commission
approved the sale oi the east half of Lot lg, Clearwater Industrial Park to Deeks, Inc „
be changed to ahow the property sold to Frank E. Carroll, and the proper officials be
authorized to execute the appropriate instruments in that narrie, Mo�;ion was seconded
by Commissioner Walters and carried unan.3mously,
The City Attorney requested approval of purchase from K�thleen H. Forbes for a
portion of Lot 5, Block 1, Sarah MeMullen�s Subc'L9.visior. for right of way on Drew
Street foi $600, which amount includes $400 for the land and $200 for the shrubbery,
Commissioner Walters moved the approval of purchase of the property from Kathleen H.
Forbes in the amount of $600, and the proper officials 'be authorized to execute samea
Motion was secondad by Commissioner Fields and unanimously carried.
The City Attorney stated there are �hree Acts subject to referendum passed by
the LegislaturE, and machinery must be aet up for a special election to approve these
items, By consent it was decided to take up this matter at a future Commission meeting.
Mr, 0. J. Wi.l].iams, Aetna Life Insurance Company, asked the staf;us of tIze insurance
program for the City emp�oyees. After discuasion on the requirements of �he State Law
Commissioner'r"'ields moved that the City Attorney proceed with `che preparatior� of ihe �
necessary papers to cover insurance for City employees< Commisa3oner Walters seconded
the motion whieh was unanimously carried.
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CITY COMMCSBION MEETING
June 5, 1.g61
Commissioner Insco urged a,ttendance of ti�e Commissioners �,nd the Mayor at
the conference of Mayors at Washington, D, C. June 11 to 14, lg6]., and the jaint
meeting of bhe Sister City program. Commissioner Fields move� that the Mayor
and �,s many Commitisior�ers aa possible attend the Mayors Conference at Washington,
D. C. June 11 to 14, 196�.. The motion was seconded by Commissioner pialters and
unanimously carried.
Commissioner Insco urged the �ommissioners to attend the Conference on
Hurricane and Disaster, June 16, at St. Petersburg City Hall, at 4:00 p,m,
The Commiasion now adjourned as the City Com�rtission to act as Trustees �f
the Pension Fund.
Trustees of the Pension Fund heard a letter from the Advisory Committee
which recommended that Charles Molone5�, Superintendent of Building Maintenance
be granted a monthly pension under bhe Pension Plan. Commissioner Fields moved
tk�at effective August l, 1961, Cha.rles Mol�ney be retired at a pension of $223.33
per month under the terms of the Pension Plan. Motion was seconded by Commissioner
Walters and carried unanimously.
A letter was read from the Advisory Committee recommending that the foTlowing
personnel be admitted to the Pension Plan:
Perry W. Walker, Attendants Sewase Treatment Plant
Charles E. Hayden, Patrolman, Police Department
Commi.ssioner Fields moved that the above employees be accep�ed in the Pension
Plan. Motion U�as seconded by Commissioner Walters and unanimously carried.
There being no further business, the meeting ad,journed at 4;20 p.m.
Attest:
Cit lerk
Acting-May r-Commis _oner
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4GENDA
CITX CONIl�LCSSION MEETING
JvrtE 5, 1961
1:30 P.M.
Znvocation
Introductions
Minutes of Preceding Mee�ing;�
Public Hearings
Reports from City Manager
Reports f'rom City Attorney
Citizens to be Heaid
Other Commission Aotion
Adjournmeri�
Meeting Pension Plan Trustees
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CITY COMMISSION D'lEETING
June 5, 1g61
Public Hearings
l. Sanitary Sewers - Fair 0aks Area
Repor{�'from City Manager
2. B s, Cas Iron P pe
3. Bi�s, Recording 3c Reproduction Machine
4. Bids, Gas Main Extensionss Clearwater Beach
5. Bids, Traffic Pattern-Mandalay 8c Causeway
ss.va.
6. Bias, Floor Ma�.,ntenance Machine
7. Resolution - Board of Public Instruction
8. Reques't for Second H�nd Store License
9. Retirement - Charles Moloney
10. Approval Plans - Service Station �Greenwood
and P.alm Bluff
11, Approval of Plans - Remodeling F'rank�s
Depz. Store
12. Other Engineering Matters
13. Verbal Reports and Other Pending Matters
Reports from City Att�rney
14. Res�lution - Authorizing Execution of
Two Ease�ents to Florida Powei Corp. at
Small Marina
15, Lot MoWing Resolution
Mr. James Stewart May 26, 1961
City Nianager of Clearwater
Municipal Building
Glearwater, Florida
Dear Mr•. Stewar�:
I am enclosing a copy of the resolution adopte3 by the Board of Pvblic Instruction
at its meeting on May 24, 1961. You will note that the Board of PLiblic Instruction
has cited the General Statutes and the opinion of the P..ttorney General of Florida
concerning the legal authority in handling of plans for construction of county ar�d
state school buildings, as well as the authority for issuing of permits.
In adopting this resoluticn by the Board, it is cle�,rly understood by all members
" that they wish to continue the fine coogeration existing between the Board and county
and city authorities in the education and training of our children, w�;th respect to
public life, health and safety, and to receive the services of the various departments.
and agencies in the training of our children within our school program,
VJe also ask the cooperation of the city in reviewing our plans and indicating to the
Board of Public Instruction any defects in the plans that might have any bearing on
the health and safety of �he occupants of our buildings, You will note the authority
clearly s�Eates that the final approval of schoo7. plans will be tlre responsibility of
the Board of Public �nstruction and the State Board of Education,
VTe request that this resolution be read in negular assembled meeting of the City Council
and the proper authorities wi:thin the City o� Clearwater be informed of the resolution
and the action t�,ken by the Board of Pubiic Instruction,
Sincerely yours,
/s� Floyd T. Christian
Superintendent of Puplic Instruction
Enclosure
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C�.ty Commiasion Meeting
June 5, 19�1
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RESOLU'J.'ION
Pinellas Coun�y Board of
Public Instruction
Clearwater, Florida
The Board of Public Ins,�;�uction in its meeting assembled May 24, 1g61 does hereb3t adopt
the following reaolutior.:
WFIEREAS, the Board of Public Instruction of Pinellas County, Florida is a duly
constituted subdivision of the State of Florida, and
WFiEREAS, ThP Board of Public Instruc�ion is char�;ed wlth the reaponsibility �f'
constructing, maintaining, and opexating school buildings under the Laurs of the State of
Florida, �nd regula�Eions and adopted codes of �he State Board of Education, and
WFIEREAS, it is required by State Law tha�i; a11 public school buildings constructed
in the State of Florida ehall be approved by ti;.2 School Plant Seetion of the State
Deparzment of Education, and
WHEREAS, the Attorney General of the State of Florida has ruled that when the State
has_ established its own building code for school buildings, a municipality has no legal
authority to interfere by ordinance wi�hout a specific grant of authority in its ch�r�er;
and
WI�REAS, The Attorney G�neral �f the State of Florida has ruled that the State and
its subdivisions are not subject to legal enactment� of a municipal corporation and the
property of the S�ate and its agencies is free from municipal airection, and
WI�REAS, the Attorney General of the State of Florida has ruled that unless there is
a clear shovTing oi a defect in the plans approved by the State for schaol construction which
is of such a serious riatL�re that the health and safet3r oi the occupants of a building
v3ould be endangered, a municipality has no authority to interfere tvith State approved plans,
and
G7HE.REAS, the P?nellas County Board of Public Insttuction desires to continue to
cooperate with 3ocal authorities in the same spirit that has heretofoLe prevailed in the
education and trainin� of children wlth respeet to public life, health and safety, and to
receiJe the services of tihes6 agencies consistent with the unique charactEr of the operation
of a public school progrars,
NOW, THEREFORE BE IT RESOLVED that the Pinellas County Board of Public Instruction
recognizes and accepts the laws, regulations, and codes adopted and administered by the
State Board of Education and the S�ate Department of Education as the prevailing authori�y
zor constructing, maintaining, and operating school buildings, and
NOW, TI-P�REFORE BE IT FTJRTH�R RESOI�VED that the Pinellas Qounty Board of Public
Instruc�ion invites the re�omme:�dations and advice of local regulatory authorities 1n the
planning, construction, maintenance, and opex•ation of school buildings to the extent
that there is no conflict between local c�rdinances and laws of State of Florida and State
Board of Education Regulations and should conflict exist then State I,aw and regulation
shall prEsvail. and,
NOW THEREFOF� BE IT rURTI�R. RESOLZTED THAT Pinellas County Board of Public Instruction
desires the issuance of construction permits so long as these are at no cost to Lhe Board
of Public Instruction.
�s� C, E. Helman, Jr.
Chairman of the Board of Public �n��ruction
of Pinellas County, Florida
/s� F1oyd T. Christian
Superintendent of Public Instruction
The above resolution was adopted by the Board of Public Instruction at its regular meeting
on Wednesday May 24, 1g61,
I, Floyd T. Christian, Supe�intendent of Public Instruction and ex o�'ficio Secretary to
the Board of Publir Instruction of Pinellas County, Florida, do hereby certify that the
�'oregoin� �s.a true and correct copy of Resolution duly passed and adopted at a regular
meeting ot' the Board of Public Irstiruction held on the 24th day of May, A.D. 1961, and
is a part of the Minutes of that meeting. �Iitness my hand. and official seal this 25th
day of May, 1g61.
�s� Floyd T. Christian
Superintendent of Public Ir�:structzon and
�x officio Secretary of the Board of
�ublic Instruction of Pinellas County, Flori.da
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CITY COI��7ISSTON NIEE�ING
June 5, 1g61
May 29� 1961
Iionorable C3.ty Comm3ssioners
Clearwater, �'iorida
Gen�lemen:
As Trustees of tlie City o:f Clearwa�Eer F�nployees � Pension Fui�d, you are hereby
notified that in view uf the ?ttached letter froin Mr. Charlea Mo].oney, wYlo has comple�ed
more than twenty-two years of serv3ce ��ith the City, the Advisory Committee recommends
that he b� retired at a pension of $223.33 per month,
Under the terms of �lze �ensi�n Plan, th.e computation is as follows:
Total wages paid for the last fivz years $29,8�7.73
Average wages per year 5,977.55
Average wages per month 4g8.13
2p x 498.13 equals $9,9626
22 5�12 yrs, service x 9.g626 equals $223,33 Mcnthly Pension
Mr. Moloney meets a11 the requirements for retirement under our Pension Plan
and has g�ven the City many years of untiring service as Super3ntendent of Su3.ld3ng
Maintenance,
Respectfully submitted,
ADVT_SORY COMMSTTEE of the
City Employees� Pension Fund
�s� Paul Kane
Chairman
/s� Edwin Blan�ton
�s/ Helen Peters
I her•eby certify the above da�es and calculations to ba correet according to the
records of tlzis office,
%s� Frank Abernathy
City Treasurer.
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May 18, 1g61
City Einployees � Pension _n_dvisory Corr:mittee
Ci�ty Hall
Cleartaater, Florida
Gentlemen:
I am sixbm3tting my formal request to the Pension Committee for retirement benefits under
Section 5 of the City Employees� Pension Plan, �o be effective August l, 1g61,
Respectfully submitted, _
�s� Qharles Moloney
Building Maintenance Superintendent.
cc: City Manager
Civil Service
Honorable City Corru:nission April 12, 1961
Clearwater, Florida
Gen�lemen:
As Trustees of the City of Clearwater Employees� Penaion Fund, you are hereby not3fied
that Perry W. Walker, Attendant, Sewage Tre,�tmeni; P�.ant has peen duly examined by a local
physician and designated by him as a"First Class° risk.
The above employee began his service with the City �f Clearwater on September 26, 1960,
and is under 45 years of age (birth date Mar. 30, 1939), and meets the requirements of
our Civil Service.
It is hereby recommended by the Advisory Committee that he be accepted 3nto membership,
V�ry truly yours,
Advisory Committe� of
The Employ�es� pension �'und
/s� Paul Kane, Chairman
�s� EdWliz Blanton
�s� Helen Peters
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C�.ty Cor�unission Meeting
June 5, 1g61
Honorable Ci�y Commission May 2g, 1g61
Clearwater, Elorida
Gentlemen:
As Trustees of tha City of Clearwater Employees� Bension Fund, you are hereby n�tified
that Charles �. Hayden, a Pa,trolman, Police Department, has been duly ex�mined by a 1oca1
phyaician and desi�nated by h3m a"F�rst Class" risk.
The above employee began h�.s service w.i.th the City of Clearwater on �jovember 25, 1960,
and 3s under �F5 years of age (birth date Feb. 13, 1g37) and meets the requirements of
our Civil Service.
I� is hereby recommended bg the Advisory Committee that he be accepted into membership,
Very tru7.y yours,
ADVISORY Committee of The
Employees� Pension Fund
/s/ Paul Kane, ChGirman
�s/ Ec�win Blanton
�s� Helen Peters
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