12/23/1974
CITY COMMISSION l1EETING
December 23, 1974
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The City Commission of the City of Clearwater met in special session at
the City lIall, Monday, December 23, 1971., at 11: 00 a.m., with the following
members prcsent:
II. Everett HouRen
Donald S. Williams
Joseph Carwise
'Karlenn F. DeBlnkcr
John F. Rankin
Hayor-Commissioner,
Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Picot B. Floyd
Herbert M. Drown
Hax Battle
Frank Daniels
City Manap,er
City Attorney
City Engineer
Police Chief
The Mayor,called the meetinn to order. The invocation was given by Chief
Daniels.
The Mayor stated the purpose of this meeting was to consider a proposed
resolution seek~ng injunctive relief against the owners of the property known
as Cooper's Point on Old Tampa Bay because there arc apparent tree ordinance
violations in the destruction of trees without a permit.
Mr. Mike Kenton, City Environmental Planner, related the fOllowing events:
On November 5, 197.., the architect presented plans which were not approved.
Subsequent to that, Hr. McMullen requested ...permission to survey the, property
and was advised of the tree ordinance which protects all trees four inches or
greater (with two exceptions) and also the protection of all mangroves re-
gardless of size within thirty feet landward and thirty feet seaward of the
mean high water line. Mr. Floyd, City Manager, received a letter from
Mr. McMullen, stating the property was posted and City employees were not to
trespass. On December 6, 1974, Mr. Kenton wrote to Mr. HcMullen for per-
mission for himself and Mr. Pat Tracy, City Forester, to inspect the property
at will and on December 13th, Mr. Kenton received written permission to do so.
On December 18 he went to, the property and noticed evidence of Clearing and
that a road had been'bui1t. He returned the next morn inn with Mr. Tracy and
they took pictures of the violations.
The letter regarding ,postinr; of the property, Hr. Kenton's request, and the
reply for permission were all read into the record. Aerial photographs
were also introduced as evidence and made part of the record. A letter dated
Uovember B, 1974, from the Board of Trustees of the Internal Improvement Trust
Fund, was read into the record advising that any land waterward of the line
of the mean high water of Cooper's Bayou is sovereign in nature and subject
to rep,ulatory jurisdiction of this agency without regard to ownership.
Commissioners then questioned Mr. Kenton and 111". Tracy to ascertain the
facts. Mr. Donald Moores, Field Inspector for the IITF gave his observations
and corroborated the findings of Hr. Kenton and Hr. Tracy.
Tom Moore, attorney, who became involved because of his work with the
Florida Audubon Society, mentioned a similar case where the Court ordered the
area be restored.
Commissioner Williams moved Resolution #74-163 be passed and adopted
authorizing the City Attorney to file a suit seeking injunctive relief against
the owners of Cooperls Point for tree ordinance violations, and the proper
City officials be authorized to execute it. Motion was seconded by Commissioner
Carwise and, carried unanimOUSly. Neither the owners nor representatives were
present. Complete studies will be made of the violations.
Commissioner Rankin moved to adjourn. Motion was seconded by Commissioner
Carwise and carried unanimously. The meet inn adjourned at 11:50 a.m.
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