05/06/1968
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CITY COMMISSION MEETING
May 6, 1968
The City Commission of the City of Clearwa~er met in regular session at the
City Hall, Monday, May 6, 1968, at 1:30 P.M. wi~h the following members
present:
H. Everett Hougen
Geo. R. Brumfield
Donald S. Williams
Cal Blackstone, Jr.
Brooks Carter
Mayor-Commissioner
Commissioner
Commissioner
Comrrdssioner
Commissioner
Also present were:
Merrett R. Stierheim
Herbert M. Brown
Max Battle
Asst. Chief Wallace Mackey
City Manager
City Attorney
City Engineer
Representing Police Chief
The Mayor called the meeting to or~~r. The invocation was given by Reverend
Adams, Mt. Zion Methodist Church. The 11ayor, assi sted by Mr. Fred Ashley, Fun 'N
Sun General Chairman, presented plaques to members of the commi~tee. A certificate
of graduation was given to Paul L. Clifton, of the Public Works Dept. for a course
in LP gas carburation. The Mayor read a proclamation, designating the month of
Mayas Senior Citizens Month, which was given to Mr. Amos Smith and Mr. Ormond
Loomis, who were present as representatives. The Mayor presented Mr. Charles O.
Kilgore, retiring Refuse Superintendent, with a watch and the City Manager
presented him with a plaque. Commissioner Brwnfield moved that the minutes of
April 15, 1968 be approved as recorded and as submitted in written summation by
the Clerk to each Commissioner. Motion was seconded by Commissioner Williams
and carried unanimously.
The Mayor announced a public hearing on the application of Battaglia-Barber,
whose original application had been withdrawn at the meeting of April 1st, to
change the zoning from R-lE (single family) to SC-B (shopping center-community)
for the North 330 ft. of West 330 ft. of SW 1/4 of SW 1/4 less Belcher Rd.,
Section 18-29-16; and the annexation and establishment of zoning for the SW 1/4 of
SW 1/4 less the North 330 ft. of the West 330 ft. and Lots 29 & 30 Pinellas Groves
in the SW 1/4 of Section 18-29-16, part of which had been requested to be zoned
SC-B (shopping center-community) and the balance R-4 (multi-family). The City
Manager reported the Planning & Zoning Board recommended denying the request as
presented, but recommended the South 660 ft. M.O.L. zoned sing1e family and the
remaining North portion PUD-R (planned unit development-residential), Mr. Anthony
Battaglia was present and withdrew the part of the applications for the SC-B
zoning because of the proposed shopping center at the intersection of U.S, 19 and
Highway 60, and requested that the whole area be zoned R-4. He stated that the
part now in the County is zoned agriculture and that the Ci~y of Clearwater
Comprehensive Report of 1962 recommended high density usage for ~he area. He also
stated that anything more strict than R-4 would not be feasible, and he could not
accept it. Mr. Albert Rogero s?oke in favor of R-4 zoning. In reply to a question
from Mrs. Raymond E. Watson, it was stated that there was no guarantee that high
rise buildings would not be erected on the property. Mr. John Bonner, Attorney,
representing a majority of the opponents, presented a petition of objection with
373 signatures, which petition also supported the annexation as R-l (single
family). Mr. Bonner said his clients would not accept a compromise and disagreed
with Mr. Battaglia's statement regarding the recommendation of the Clearwater
Comprehensive Report. The City Clerk reported 20 letters received in opposition.
Mr. Battaglia again stated they would not accept R-l zoning. Commissioner
Brumfield moved after hearing the proponents and opponents that the withdrawal of
the change of zoning (Item 1 a on the agenda) be accepted and that the request for
annexation and establishment of zoning (Item 1 b on the agenda) be denied. Motion
was seconded by Commissioner Williams and carried unanimOUSly.
The Mayor announced the next item was a public hearing for the paving, curbing
and drainage of Turner St. from Duncan to Phoenix Ave. The City Engineer reported
that the preliminary hearing had been held and of the nine property owners eight
are in favor and one opposed at this time. The estimated assessable cost per front
foot was given as $4.34. Mrs. Charles Lumgair spoke in favor. There were no
objections. Commissioner Blackstone moved that since there ~ere no valid objec-
tions that the paving, curbing and drainage of Turner St. from Duncan to Phoenix
Ave., be approved and the City Manager and Ci~y Engineer be directed forthwith to
proceed with such improvements as an assessment project. Motion was seconded by
Commissioner Brumfield and carried unanimously.
The City Manager had a request from Mr. ~arl F. Haas, Secy.. Treas., A-Strat
Corp. to zone 1411 N. Ft. Harrison Ave., part of Lot 3, Lesley's Sub., for beer,
wine & liquor sales on-premises. Commissioner Carter moved that since the appli-
cant was not present that the application for on-premise beer, ~ine & liquor sales
at 1411 N. Ft. Harrison Ave. be denied without prejudice. Motion was seconded by
Commissioner Brumfield and carried unanimOUSly.
The City Manager presented for acceptance the resigna~ions of Mr. Daryl Swan
from the Planning & Zoning Boar~, and Mr. Leon Whitehurst, Jr., from the Historical
Committee. Mr. Whitehurst has been appointed to the Civil Service Board.
Commissioner Williams moved to accept the resignation of Mr. Daryl Swan with regret
and commended him for his long years of service to the City on the Planning &
. Zoning Board. Motion was snconded by Commissioner Carter and carried unanimOUSly.
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-2-
CITY COMMISSION MEETING
May 6, 1968
Commissioner Carter moved to accept the resiBnation of Mr. Leon Whitehurst,
Jr., with regret, from the Historical Committee, and commended him for his service
to the City. Motion was seconded by Commissioner Brumfield and carried unani-
mously.
The City Manager presented for approval the reappointment of Mr. I~ving J.
McCoy, Jr., to the Pinellas County Industry Council. Commissioner Williams
moved to reappoint Mr. Irving J. McCoy, Jr. to the pinellas County Industry
Council, and commended him for his fine service. Motion was seconded by
Commissioner Carter and carried unanimously.
The Mayor presented the name of Mr. Gilbert H. Schutzendorf to fil~ the
vacancy on the Board of Adjustment and Ap~eals on Zoning caused by the ~esignation
of Mr. Victor E. Brodeur. Commissioner Brumfield moved that the recommendation
of the Mayor be accepted for the appointment of Mr. Gilbert H. Schutzendorf.
Motion was seconded by Commissioner Williams and car~ied unanimously.
The City Manager presented a request from Mr. Ray D. Gerber, for the City to
repurchase the West 300 ft. Lot 6, Industrial Park as provided in the covenants.
The Manager recommended the repurchase. Commissioner Wi~liams moved that the
recommendation of the City Manager be accepted and the proper City officials be
authorized to proceed with the repurchase not to exceed $2,000.00 in price.
Motion was seconded by Commissioner Carter and carried unanimously.
The City Attorney read Resolution #68-51 requesting the State Road Department
to make a feasibility survey relative to the installation of a traffic signal at
Haines Rd. (S.R.593), and Gulf-to-Bay Blvd. <S.R.GO) which the City wi11 pu~chase
and maintain if warranted. Commissioner Carter moved that Resolution #68-51 be
passed and adopted and the appropriate officials be authorized to execute it.
Motion was seconded by Commissioner Brumfield and carried unanimously.
The City Manager presented request from Clearwater Trai~er Court, 2143 Gulf-
to-Bay Blvd., part of NW 1/4 of NE 1/4 of SE 1/4 Section 13-29-15, for approval
of two additional lots which do not meet present zoning requirements as to size
(Lots lOG and 211). The Planning & Zoning Board recommended approval.
Commissioner Blackstone moved that the request of the Clearwater Trailer Court be
approved. Motion was seconded by Commissioner Williams and carried unanimously.
The City Manager presented for Commission autho~ization the setting up of a
public hearing by the appropriate City officials in accordance with the Minimum
Housing Code, for possible demolition of building at 905 Beckett St. (Lot 2,
Blk G, Avondale Sub.> owned by Mr. Wm. Wooley. Commissioner Blackstone moved
that the City Manager and City Attorney be authorized to make the necessary plans
for the public hearing at the earliest possible date, and give proper notice to
the party owning the building in accordance with the Minimum Housing Code.
Motion was seconded by Commissioner Carter and carried unanimously.
At this time, Asst. Chief Wallace Mackey was replaced by Captain Wm. Premru.
The City Attorney read a letter from Kerr-McGee Corporation aSking for
reconsideration of a variance to the sign ordinance fo~ two commercial wing signs
6 ft. x 20 ft. at the Power Service Station, at 1594 S. Ft. Harrison Ave.
Mr. Charlie Reynolds, 310 S. Maywood, spoke in objection. Mr. George Hill, spoke
for Mr. Frederick saying it was reasonable and the duplicate of many stations
throughout the South. Commissioner Carter moved that the variance in the sign
ordinance be granted the applicant. Motion was seconded by Commissioner Brumfield.
Upon the vote being taken, Commissioners Brumfield, Carter and Williams voted
"Aye". Mayor Hougen and Commissioner Blackstone voted "No". Motion carried.
The City Manager recommended accepting the bid of Industrial Supply Co., for
300 ft. 14 inch black steel pipe to replenish inventory for Water Department use.
Commissioner Brumfield moved upon the recommendation of the City Manager that the
contract be awarded to Industrial Supply Co., Tampa, for the sum of $943.7~,
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 specifications and bid. Motion was seconded by Commissioner
Williams and carried unanimously.
The City Manager recommended accepting the bid of Koppers Co., the only bid
received, for 2 - 65 ft. wood poles for lighting of Phil~ip Jones Field.
Commissioner Brumfield moved upon the recommendation of the Asst. PurChasing
Agent, concurred in by the City Manager that the contract be awarded to Koppers
Co., Gainesville, Fla., for the sum of $535.74, which is the lowest and best
responsible bid and that the appropriate officials of the City be authorized to
e~ecute said contract which shall be in accordance with the plans and specifica-
tions and bid. Motion was seconded by Commissioner Carter and car~ied unani-
mously.
The City Manager recommended accepting the bids of two separate firms for
light fixtures for the above poles at Phillip Jones Field. Commissioner
Williams moved upon recommendation of the Asst. Purchasing Agent, concurred
therein by the City Manager that the contract for ITEM 1, 24 quartz light fixtures
be awarded to Graybar Electric Co., Tampa, for th~ sum of $690.00; and the bid
for cable, ITEM 2, be awarded to Florida Electric Supply Co., Tampa, for the sum
of $20~.OOt which are the lowest and best responsible bids and that the appropriate
officials of the City be authorized to execute said contracts which sha11 be in
accordance with the plans and specifications and bid. Motion was seconded by
Commissioner Carter and carried unanimOUSly.
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-3-
CITY COMMISSION MEETING
May 6, 1968
The City Manager ~ecommended accepting the bids of two separate firms for
revolvers and holsters fer the Police Department. Commissioner Blackstone moved
upon the ~ecommendatio~ ef the Asst. Purchasing Agent, concu~red the~ein by the
City Manager that the oo~tract for ITEM 1 - 75 Smith & Wesson revolvers including
tDade-in allowance be awarded to International Distributors, Miami, FLa., for the
sum of $1,952.50; and ~TEM 2 - wLthout trade-in, for 75 Holsters be awarded to
Sargent-So~ell, Grand Prairie, Texas, for the sum of $525.00, which are the
lowest and best ~esponsible bids and that the appropriate officials of the City
be authori~ed to eKecu~e said contract which shall be in accordance with the pla~s
and specifications and bid. Motion was seconded by Commissioner Carter and
carried u~animously.
The City Manager ~ecommended accepting the bid of Martin's Uniforms, Tampa,
Fla., for summer uniforms for the Police Department. Commissioner Ca~ter moved
upon the recommendation of the Aast. Purchasing Agent, concurred therein by the
City Manager that the oontract for Police Depa~tment summer unifo~ms fo~ ITEMS 1,
2, 3, 4, 5, 6, 7, 9, and 10 (Iten 8 having been ~ejected) in the amount of
$2,605.90, which is the ~owest and best responsible bid and the appropriate
officia~s of the City be authori~ed to execute said contract which shal~ be in
accordance with the plans and specifications and bid. Motion was seconded by
Commissioner Blackstone and carried unanimously.
The Ci~y Manager recommended accepting the bids of two separate fi~ms for
Traffic Signals and Controllers, Commissioner Carte~ moved upon the ~ecommendation
of the Asst. Purchasing Agent, c~ncurred therein by the City Manager that the
contracts fo~ Items l, 2, & 3 be awarded to C. R. Wisler & Associates, Clearwate~,
in the amount of $4,558,47; and that ITEM 4 be awa~ded to Traffic Signa~s
Division, Snrevepo~t, La., in the amount of $382.60, (ITEMS 5 e G withneld for
further study) total cownitment $4,941.07, which a~e the lowest and best respon-
sible bids and that the appropriate officials of the City be authorized to
execute said contracts which shall be in accordance with the plans and specifica-
tions and bid. Motion was seconded by Commissioner Williams and carried
unanilILously.
The Ci~y Manager ~ecornmended accepting the bid of Graybar Electric Co.,
Tampa, Fla" for ~S stee~ poles, fo~ street lighting, Morningside Estates Unit 6E.
Commissioner Blackstone moved upon the recommendation of the Asst. Purchasing
Agent, concurred thereLn by the City Manager that the contract for steeL poles
for street lightingt Morningside Estates Unit 68 be awarded to the Graybar
Electric Co., Tampa, for the sum of $2,714.50, which is the lowest and best
responsib1e bid and tnat the approp~iate officials of the City be authorized to
execute said contract 'which shall be in accordance with the plans and specifica-
tions and bid. Motion was seconded by Commissione~ Carter and carried unanimous1y.
The Ci~y Manager ~ecornmended accepting the bid of C. I. Larson for the paving,
curbing and d~ainage of Arcturas Ave., from Gulf to Bay to Cleveland St.
Commissioner Williams moved upon the recommendation of the Asst. Pu~chasing Agent,
concurred therein by the City Manager that the contract for paving, cu~bs and
drainage of Arcturas A~e., frolIL Gulf to Bay to Cleveland St., be awarded to C. I.
Larson, St, Petersburg, Fla., in the amount of $13,941.20, which is the lowest and
best responsible bid and that the appropriate officials be authorized ~o execu~e
said contract which shal~ be in accordance with the plans and specifications and
bid. Motion was seconded by Commissioner Carter and carried unanimousl~.
The City Manager reoommended accepting the bid of Reeves Fence, Inc., Tampa,
the onl~ bid received, for installing fencing at several City properties.
Commissioner Blackstone moved upon the recommendation of the Asst. Purchasing
Agent, concurred therein by the City Manager that the contract for chain ~ink
fence, be awarded to Reeves Fence Inc., for the sum of $7,120.00, whicn is the
lowest and best responsible bid and that the appropriate officials of the City be
authori~ed to execute said contract whiCh shall be in accordance with the plans
and specifications and bid. Moti~n was seconded by Commissioner Carter and
carried unanimously.
The City Manage~ then p~esen~ed Change O~der #1 to the Reeves Fence contract
reducing the amount by $B68.00 or making a net contract price of $6,252.00.
Commissioner Blackstone moved tha~ Change Order #1 with Reeves Fence Inc., be
accepted and that the approp~iate officia~s be authorized to execute it. Motion
was seconded by Commissioner Ca~ter and ca~ried unanimously.
The City Manage~ recommded adopting a policy to supply sewer service to
annexation applicants whare they are not immediately contiguous to sewer connectLons,
He recommended that the applicant pay 50% of the cost with abutting p~operty owners
a10ng the 6Ktension to ~ay the front foot cost of the total project as they come
into the City and that if the Cit~ deemed it necessary that a larger than 6 inch
line was ~equired that ~he City would pick up the additional cost for the larger
pipe. He 6Kplained that in the past the p~operty owner paid the full cost and
that the people along tbe line coming into the City at a later date took advantage
of the se~er at no cost. Cornmiss~oner Brumfield moved that the recommendation of
the City Manager for assessment OI sewer 1ines in areas requesting annexation be
approved, but that the policy was not to be ret~oactive. Motion was seconded by
Commissioner Williams and ca~ried unanimously. .
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-4-
CITY COMMISSION MEETING
May 6, 1968
The City Manager submitted a proposal for filling a ditch between the
pinellas High School property in the NE 1/4 of Section 10-29-15 and Greenwood
Park Subdivision H2, after which the ditch would be paved, drained and curbed
and sidewalks installed to provide a right of way between Russell St. and Palm
Bluff St. with the Pinellas County School Board being requested to participate
in the costs of the project which total cost is estimated at $36,850.00.
Resolution H68-52 was presented requesting the Pinellas County School Board to
participate in the costs of the project. Commissioner Williams moved Resolution
'68-52 be passed and adopted and the appropriate officials be authorized to
execute it. Motion was seconded by Commissioner Blackstone. Upon the vote being
taken Mayor Hougen, Commissioners Blackstone, Williams and Carter voted "Aye".
Commissioner Brumfield voted "No". Motion carried.
The City Manager requested the City Engineer to explain a one way traffic
proposal for Missouri Ave. between Druid Rd. and Lakeview Rd. The City Engineer
stated the City had negotiated with Sunshine Mall, Sears Town and the State Road
Department to have Missouri Ave. one way South and Greenwood Ave. one way North
during the widening construction of Missouri Ave. He further stated that this
would allow completion of the work approximately one month earlier but that the
one way proposal needed to be expedited as the telephone company expects to start
laying new cable lines about May 15th. In conjunction with this plan it was" pro-
posed to extend Jeffords St. between Lincoln Ave. and Betty Lane. By consent it
was agreed that a special meeting would be held Monday May 13th for a public
hearing on this matter.
The City Attorney read in full on its first reading Ordinance #1156 amending
the zoning ordinance and zoning map of the City. Commissioner Blackstone moved
that Ordinance #1156 be passed on its first reading. Motion was seconded by
Commissioner Carter and carried unanimously.
Commissioner Blackstone moved Ordinance #1156 be read and considered on its
second read~ng by title only with the unanimous consent of the Commission.
Motion was seconded by Commissioner Brumfield and carried unanimously. The
Ordinance was read by title only. Commissioner Blackstone moved Ordinance #1156
be pas~ed on its second reading by title only. Motion was seconded by Commissioner
Carter~carried unanimously.
Kand
Commissioner Blackstone moved Ordinance #1156 be read and considered on its
third and final reading at this meeting of the Commission by unanimous consent of
the Commission. Motion was seconded by Commissioner Carter and carried unanimously.
The Ordinance was read in full. Commissioner Blackstone moved Ordinance #1156
be passed on its third and final reading and adopted and that the app~opriate
officials be authorized to execute it. Motion was seconded by Commissioner
Williams and carried unanimously.
Resolution #68-53 was presented whereby the City agrees to maintain and
furnish the power for signals to be installed on Missouri Ave. at Lakeview Rd.,
the entrance to Sears Town and Sunshine Mall and Druid Rd. Commissioner Blackstone
moved Resolution #68-53 be passed and adopted and the appropriate officia1s of the
City be authorized to execute it. Motion was seconded by Commissioner Brumfield
and carried unanimously.
Resolution #68-54 was read authorizing condemnation proceedings against Amza
D. Abdullaj et al for permanent drainage easement in the South 5 ft. of Lot 4,
Block B, Skycrest Unit D. Commissioner Blackstone moved Resolution #68-54 be passed
and adopted and the proper officials be authorized to execute it. Motion was
seconded by Commissioner Carter and carried unanimOUSly.
Resolution #68-55 was presented officially authorizing the City Manager to
execute on behalf of the City all necessary use permits required by the State Road
Dept. and Pinellas County in the installation of utilities within the State or
County owned right of way. Commissioner Brumfield moved that Resolution #68-55 be
passed and adopted and the proper officials be authorized to execute it. Motion
was seconded by Commissioner Blackstone and carried unanimously.
Resolution #68-56 was presented authorizing payment of $2,353.21 to Briley,
Wi~d 8 Associates, Consulting Engineers, from Construction Trust Fund, Utility'
Revenue Certificates, Series of 1967. Commissioner Brumfield moved Resolution
168-56 be passed and adopted and the appropriate officials be authorized to exe-
cute it. Motion was seconded byComrnissioner Carter and carried unanimously.
The City Attorney presented an agreement with Hansel Harper to purchase
drainage easement over the South 5 ft. of Lot 4, Block ~ Unit D, Skycrest Sub.
for the sum of $270.00. Commissioner Brumfield moved that the agreement be
app~oved as outlined by the City Attorney. Motion was seconded by Commissioner
Wi1liams and carried unanimOUSly.
The City Attorney presented for acceotance sanitary sewer easement from
Ne1son C. Vo~ and Maurice E. Ross as foi1ows:
in the n-f/2 of NW l/ij of Section 7-29-16.
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and another utility easement from James D. Mercer, Jr. in the W 71/2 ft.
Lot 3, and E 15 ft. Lot 13, Pinellas Groves, SW 1/4 of Section 1-29-15.
Commissioner Williams moved to accept the easements as outlined by the City Attorney
"and1:he proper officials be authorized to record them. Motion was second.edby
Commissioner Brumfield and carried unanimOUSly.
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-5-
CITY COMMISSION MEETING
May 6, 1968
Resolution *68-57 was p~esented assessing the property owners fo~ oonstruc-
tion of paving, ourbs and drainage in Washington Ave., C1eve~and ~o Gould St.; and
Pieroe St., Washington to Greenwood Ave. Commissioner Carte~ moved Resolution
*68-57 be passed and adopted and the prope~ offioials be authorized to exeoute i~.
Motion was seoonded by Commissione~ Blaokstone and carried unanimously.
ReSOlution #68-58 was p~esented requesting oWne~s to clear their lo~s and
setting a public hearing to hear objections thereto. Commissioner Carte~ moved
that Resolution #68-58 be passed and adopted and the appropriate officials be
authorized to execute it. Motion was seconded by Commissioner Williams and
carried unanimously.
The City Attorney presented a request f~om Castlewood Corp., to switch their
p~chase and option on parts of Lot 6, Industrial Park, by now purchasing the
West 157.72 ft. of East 3l5.~4 ft. of Lot 6 and have the option on the East 157.72
ft. of Lot 6. Commissioner Williams moved that the p~oposal as outlined by the
City Attorney with Castlewood Corp. be approved, the contrao~ be prepared and the
proper officials be authorized to execute it. Motion was seconded by Commissioner
Carter and carried unanimOUSly.
Mr. James Hartfield complained of the leash law and was told by polioe he had
to find out the ownership of dog. The City Manager explained that the State law
was challenged and unconstitutional, therefore when he received offioial notice
that the County was not going to appeal, then the City would enforce its law.
Commissioner Brumfield moved to suspend action regarding the Oak Grove track
paving, until the first meeting in June. Motion was seconded by Commissioner
Williams and carried unanimOUSly.
Commissioner Brumfield moved that the meeting be adjourned at 5:18 P.M.
Motion was seconded by Commissioner Carter and carried unanimously.
The City Commission ~hen met as Trustees of the Pension Fund with the Mayor
calling the meeting to order and heard a letter read from the Advisory Committee
of the City Employees Pension Fund recommending that Mr. James W. Thompson, Safety
Supervisor, be retired at a pension of $159.19 per month effective February 26,
1968. Commissioner Brumfield moved that James W. Thompson, Safe~y Supervisor, be
~etired at a pension of $159.19 per month effective February 26, 1968. Motion
was seconded by Commissioner Carter and carried unanimOUSly.
The City Attorney explained the ~equest of Sgt. Vincent E. Schinelle~, Jr.,
for disability retirement, under Section 6 of the Pension P~an. The Adviso~y
Committee recommended retirement under Section 5 and 7 (a) of City Pension Plan.
Section 6 provides for service connected disability retirement and the employee
received a la~ger pension under this section. The City Attorney recommended that
at least two qualified physicians examine Sgt. Schineller and report their find-
ings as to whether or not they believe his disability is service connected, for
the Commission to determine which retirement Section of the Pension Plan the Sgt.
is enti~led to. Commissioner Williams moved that the recommendation of the City
Attorney be approved and that the City Manager attempt ~o e~pedite the matter.
Motion was seconded by Commissioner Brumfield and carried unanimously.
The Mayor proposed that 'Mr. Arthur Kruse be named Planning Consultant. By
unanimous consent it was approved.
Commissione~ Brumfield moved that the meeting be
Motion was seconded by Commissioner Carter and carri
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