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'~ommunity, D~velopment Board Meeting
MINUTES
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COMMUNITY DEVELOPMENT BOARD MEETING - ACTION AGENDA
Tuesday, July 20, 1999
Item 1 - ReCluests for Continuance - None
Item 2 - level 2 ADDlications
A. ' MacDonald's Corporation is requesting flexible development approval of a
commercial infill project consisting of a fast~food restaurant with front yard setbacks of 10
feet and 5.1 feet at 539 South Missouri Avenue.
ACTION:
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Approved.
, B. William and Hope Georgilas (American Infoage, LLC, agent) are requesting flexible
development approval of a communication tower at 505 Virginia Lane.
ACTION:
Continued to September 21, 1999.
C. Larry and Marcella Wing are requesting flexible development approval of a
residential infill project to create Wing Subdivision with Lot 2 having 19,052 square feet
and with Lot 4 having a width of 43.42 feet and a side setback of 7 feet. The project is
located off Union Street in the Southeast quarter of Section 32, Township 28 South,
Range 16 East.
ACTION:
Approved.
Item 3 - Level 3 Aoplications
ANNEXATIONS
A. Larry and Marcella Wing are petitioning to annex 2892 Union Street and the
surrounding land into the City of Clearwater with a zoning district of Low Density
Residential and a land use category of Residential Suburban.
ACTION:
Approved.
B. Russell and Sydney Jacobs are petitioning to annex 2854 Saint John Drive with a
land use category of Residential Urban and a zoning category of Low Medium Density
Residential.
ACTION:
Approved.
LAND USE PLAN AMENDMENTS:
C. EAR based Comprehensive Plan Amendments:
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An ordinance of the City of Clearwater, Florida, amending the Comprehensive Plan of
the City as adopted on November 16, 1989, including amendments to the future land use,
traffic circulation, coastal zone management, conservation, intergovernmental coordination
and capital improvements elements~ providing an effective date. These amendments are
proposed pursuant to the Evaluation and ~ppraisal Report (EAR) Regulations.
ACTION:
Approved.
D. Amendment to the Clearwater Downtown Redevelopment Plan: Resolution No. 99-35
A resolution of the Clearwater City Commission amending the Community
Redevelopment Plan for the downtown area of the City of Clearwater to change the
Medium/high Density Residential classification of two parcels located north of Park Street
between Myrtle Avenue and Greenwood Avenue to the commercial/office/residential
Classification; to change the Open Space/Recreation classification of parcels located from
Myrtle Avenue east to Ewing Street and from Park Street south to Court Street to the
commercial/Office/Residential classification; and to change the Medium/High Density
resipential classification of properties located on the north side of South Greenwood
Avenue from Park Street south to Chestnut Avenue and properties located south of Court
Street north of Chestnut Street from Myrtle Avenue to South Prospect Avenue to the
Commercial/Office/Residential classification.
ACTION:
Approved.
Item 4 - Approval of Minutes of Previous Meetings - June 15. 1999
ACTION:
Approved.
Item 5 - Chairman's Items - None.
Item 6 - Board's Items
Staff was complimented on a job well done, specifically in regard to the
Comprehensive Plan.
Member Pliska expressed concern regarding a fee charged to one of his clients.
. Staff will research the matter and refund his client if appropriate.
Item 7 - Director's Items
Tom Mudano, Nina Badoni, Michael Holmes, and Etim Udoh were approved by the
board as expert witnesses in their respective fields.
It was requested staff supply the board with a current list of all qualified and
approved expert witnesses and their fields of expertise to be incorporated into board
booklets.
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" : 'Mr. Stone, said staff will supply the board with suggested motions to simply the
currentones'bet'ng used. .
The board' directed staff to contact and address the Pinellas County School Board
regarding the communications tower issue. It was remarked a definitive answer from the
School Board would be nice.
It was questioned if companies providing communications towers are exploring all .
alternatives before suggesting new towers.
Item 8":' Adjournment, - 3:41 p.m.
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
July 20, 1999
Present:
Gerald Figurski
Edward Mazur, Jr.
David Gildersleeve
William Johnson
Shirley Moran
Carlen A. Petersen
Alex Pliska
Chair
Vice Chair (arrived 1 :44 p.m.)
Board Member
Board Member
Board Member
Board Member
Board Member
Also Present: Leslie Dougall-Sides
Ralph Stone
Cynthia Hardin
Antonia Gerli
Gary Jones
. Teresa Mancini
Brenda Moses
Assistant City Attorney
Planning Director
Assistant Planning Director
Senior Planner
Senior Planner
Planner
Board Reporter
The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by the
Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal
process.
'::) To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
Item 1 - Reauests for Continuance - None.
Item 2 - level 2 ApDlications
A. McDonald's Corporation is reauestina flexible development approval of a
commercial infill proiect consistina of a fast-food restaurant with front yard setbacks of 10
feet and 5.1 feet at 539 South Missouri Avenue.
For almost 30 years, McDonald's has occupied this non.conforming site that abuts
3 streets, each requiring a 25-foot setback. When properties are adjacent to 3 streets, the
Planning Department treats the 3,d side as a side yard. McDonald's requests a 25-foot
setback on Missouri Avenue, a 1 a-foot setback on Rogers Street, and a 5-foot setback on.
Turner Street. The applicant wishes to use flexible standards for two setbacks. The
project's principal street frontage is on Missouri Avenue. Commercial uses dominate the
area. Nearby redevelopment will change the area's character to a mixed-use of residential
and commercial properties.
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McDonald's proposes to replace the building with one 200 feet smaller, reduce the
number of parking spaces from 77 to 51, reduce the impermeable surface ratio from 91 %
to 73%, and increase open space. The applicant's landscape plan is attractive. The Code
does not allow a reduction of parking spaces at fast food restaurants. Off-street parking
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wil~ be eliminated. McDonald's also requests approval of the landscaping plan. Staff
recommends approval of the proposed in-fill redevelopment project and comprehensive
landscape.
P.J. Shah, representative, thanked staff for guiding the applicant through the new
Code. The project will be well landscaped, and improve internal and external traffic flow,
trash pick~up, and drainage. The project will not adversely affect adjacent property
owners. He said McDonald's prefers to construct new buildings rather than fix old ones.
In response to a question, Mr. Shah said the restaurant will remain open while the new
building is constructed. Upon completion, the old building will be razed and the parking
area and landscaping modified.
In response to a question, James Dunkle, McDonald's Construction Manager, said
the 'applicant will work with staff and submit a plan regarding site lighting. In response to
a comment, Planning Director Ralph Stone said Code encourages lighting used to enhance
landscaping to be extinguished when businesses close.
Member Johnson moved that based on the findings and conclusions stated in the
staff reported prepared by the Clearwater Planning Department, the information submitted
by the applicant, and by the testimony heard today, the application submitted by
McDonald's Corporation is in compliance with the Community Develop Plan, therefore, he
moved that the Community Development Board approve the request for flexible
development approval filed by McDonald's Corporation at 539 South Missouri Avenue be
granted. The motion was duly seconded and carried 6:0. Member Mazur was not present
for the vote.
B. William and Hope GeorQilas (American Infoaoe, LLC, aoentl are reauestina flexible
development approval of a communication tower at 505 Virainia Lane.
American Infoage, which provides towers to collocate communication industry
antennae, requests flexible development approval to construct a 1 60-foot tower capable of
supporting at least 3 users. No user contracts have been finalized. Use of the on-site
office building will not change. The Code sets no standards in the Commercial District for
communication towers. The tower would be 100 feet south of Gulf-to-Bay Boulevard.
The applicant has reported the tower at Clearwater High School cannot support additional
weight or antennae but did not submit evidence supporting those conclusions. Staff
provided a letter from the Pine lias County School Board indicating they had reached no
conclusion regarding use of the tower at Clearwater High School. The applicant has
indicated that the prposed tower must be located in this geographical area in order to cover
a specific range of broadcasting.
If approved, staff recommends limiting the tower's height to 100 feet until proof of
signed contracts by 3 users are presented. The tower will be nonreflective. A color .
sample will be submitted prior to building permit approval. The site plan does not include a
required 10-foot landscaping buffer. The tower could be moved 5 feet east from its
proposed location. The applicant also will provide the buffer required along Virginia Street.
Staff recommends approval with conditions.
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Assistant City Attorney Leslie Dougall-Sides said the Telecommunications Act of
1996, provides for local zoning authorities to regulate the placement of towers with
restrictions. The board may not discriminate when making its determination nor take action,
which may prohibit the provision of area service.
Miller Cooper, representative, said the building will shelter the tower from the nearby
neighborhood. The applicant is acquiring 3 acres to enlarge property buffers to the south
and east. He said the School Board's tower cannot handle additional users. He said while
the tower's impact on surrounding areas will be minimal, available services for
telecommunication and data processing will be significantly enhanced. He reviewed
landscaping plans, noting trees buffer the property. He said a locked gate and fence will
protect the communication tower which will be unlit, unmanned, and will not impact City
water, traffic, or sewer services. The tower will provide service for new carriers. In
response to a question, he said no houses will be razed for this project.
It was stated the City had denied 2 previous requests for towers at this location.
One member personally experienced cellular telephone problems in an area between Keene
Road and Gulf-to-Bay Boulevard. It was felt input from the Pinellas County School Board
regarding that tower is necessary before the issue can be determined. It was questioned if
the proposed location is best.
In response to a question, Mr. Cooper said staff recommended conditions indicate no
reasonable use exists on the School Board's tower. He said the 160-foot height is requested
to limit the need for more towers.
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Reg Alford, former AT&T employee, Robert Hardee, GTE Wireless representative, and
Darren Newsum,. PrimeCo representative, said each company has p6titioned the School
Board to use the Clearwater High tower but it cannot accommodate additional
communication needs. The company representatives reported a need for additional
telecommunication antennae. One resident spoke in opposition to the proposed tower.
Seven letters of support were subm~tted.
Senior Planner Antonia Gerli said the proposed tower is surrounded by commercial
uses. Once fenced and lanascaped, it will not be highly visible from Gulf-to-Bay Boulevard
traffic or nearby residential areas. Ms. Dougall-Sides said letters had been sent to the School
'Board requesting plans for the Clearwater High School tower. The School Board has never
indicated plans to add antennae. Concern was expressed this information could be hearsay
as no School Board member was present. In response to a question, Ms. Dougall-Sides said
denial of the request must. be based on substantial competent evidence. It was requested
the applicant prove the Clearwater High School tower can not handle this proposed use and
that staff present a definitive response from the School Board regarding this issue,
Member Moran moved to continue Item #2B to September 21; 1999. The motion
was duly seconded and carried 7:0.
C. Larrv and Marcella WinQ are reauestinQ flexible development approval of a
residential infill proiect to create Wing Subdivision with Lot 2 having 19,052 square feet
y and with Lot 4 having a width of 43.42 feet and a side setback of 7 feet. The project is
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located off Union Street in the Southeast quarter of Section 32, Township 28 South,
Range 16 East.
The owners request flexible development approval for a 6-lot residential in-fill
subdivision. Flexible standards refer to: 1) Lot 2 is 19,052 square feet; 2) Lot 4 has a
shed and 7-foot side setback; and 3) Lot 4 will be 73-feet wide at the setback line. The
owners have petitioned for City annexation. The 3-acre parcel has one single family
residence, a garage, and shed. The proposed project complies with density requirements.
On June 17, 1999, the DRC (Development Review Committee) recommended the City
Commission approve the plat.
The project was submitted as residential in-fill because it does not comply with the
criteria for detached dwellings. While the lot width, lot area, and setback standards
comply with the flexible standard criteria for detached dwellings, Level 1 flexible approval
may be granted only for corner or existing lots. Existing structures comply with setback
requirements. As 4 lots are not developed, setback, height; etc., will be reviewed after
applications for building permits are submitted. These lots will meet level 1 standard
criteria. Based on the application, staff feels the proposal complies with Code and
recommends approval.
In response to a question, Ms. Gerli said Lot 4 is 27 feet short of the required 100-
foot width and has a shed in the side setback. It was stated as lot 4 is on a cul-de-sac,
the lot should be of sufficient size for a house. In response to a question, Assistant
, "'....~ Planning Director Cindy Hardin said the deed should illustrate the retention pond.
',.,,) Engineering has allowed retention areas to be counted toward lot area even though they
are not buildable.
Vincent Corbitt, representative, thanked staff for their efforts. He said the tractor
shed will be removed from Lot 4. He stated Mr. Wing has owned the property for 20
years, and wants to maintain the trees. Reduction of Lot 2 will keep it from blocking the
front of his house. The pond must remain in its designated location to maintain the view
on Union Street. Mr. Wing has paved a driveway and made other improvements in
anticipation of this design.
Larry Wing, applicant, said the retention pond is part of an easement. The owner of
Lot 1 will be required to grant an easement for the pond, which will be maintained by the
Homeowner's Association.
Member Johnson moved that based on the findings and conclusions stated in the
staff report prepared by the Clearwater Planning Department" by the information submitted
by the applicant, and by the testimony heard today, the application submitted by Larry and
Marcella Wing is in compliance with the Community Development Code. Therefore, he
moved that the Community Development Board approve the request for flexible .
development approval filed by Larry and Marcella Wing at 2890 and 2892 Union Street be
granted, to be effective upon annexation by the City Commission. The motion was duly
seconded and carried 7:0.
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Itom 3 - Level 3 ADDllcations - None.
ANNEXATIONS
A. Larrv and Marcella Wino are Detitionina to annex 2892 Union Street and the
surrounding land into the City of Clearwater with a zoning district of Low Density
Residential and a land use category of Residential Suburban.
The property owners have requested annexation of the 3.5-acre property to receive
water and sewer service. ,The property will have a land use plan designation of Residential
Suburban and be zoned Low Density Residential (LDR). The site has one single family
residence, a garage~ and carport. The owners propose to subdivide the property into six
residential lots to be sold. Annexation does change the zoning. The proposed use is
consistent with .this plan category, the City's Comprehensive Plan in the Future Land Use
Map and goals and policies of the Plan. Annexation will not create a new enclave. The
applicants are responsible for sewer impact fees and the cost to extend sewer service. Lot
owners will pay appropriate, impact fees when building permits are issued. The lots can be
sold with approval of flexible standards. Lots will meet minimum size requirE:'ments for the
zoning district. Staff recommends approval with conditions.
Member Johnson moved that based on the findings and conclusions stated in the
staff report prepared by the Clearwater Planning Department and by the information
submitted by the applicant, the application for annexation submitted by Larry and Marcella
Wing is consistent with the standards for approval enumerated in Section 4-604 F. of the
Community Development Code. Therefore, he moved that the Community Development
Board recommend to the City Commission that the annexation requested by Larry ,,'nd
Marcella Wing at 2890 Union Street and 2892 Union Street be granted. The motion was
duly seconded and carried 7:0.
B. Russell and Svdnev Jacobs are Detitionina to annex 2854 Saint John Drive with a
land use category of Residential Urban and a zoning category of Low Medium Density
Residential.
The owners request annexation to receive water and sewer service. The vacant
property will retain its land use plan designation of Residential Urban and is proposed to be
zoned Low Medium Density Residential (LMDR). The owners plan to build a single-family
residence and paid the sewer impact fee on May 22, 1999. The applicants will be
responsible for extending sewer service, the tap fee, and utility deposit. The annexation
will not adversely effect public facilities and servIce levels. A review of the sIte plan
indicates proposed construction can meet LMDR district requirements as a standard
development. No CountywIde Plan policies affect this application, which is consistent with
the Comprehensive Plan, Countywide Plan, goals, policies, and Florida law. Staff
recommends approval.
Member Johnson moved that based on the findings and conclusions stated in the
staff report prepared by the Clearwater Planning Department and by the informatIon
submitted by the applicants, the application for annexation submitted by Russell and
Sydney Jacobs Is consistent with the standards for approval enumerated in Section 4-604
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C. EAR based Comorehensive Plan Amendments:
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F. of the Community Development Code. Therefore, he moved that the Community
Development Board recommend to the City Commission that the annexation requested by
Russell and Sydney Jacobs at 2854 Saint John Drive be granted. The motion was duly
seconded and carried 7:0.
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Member Johnson moved that based on the findings and conclusions stated in the
staff reported prepared by the Clearwater Planning Department and by the information
submitted by the applicant, the adoption of a future land use map designation of
Residential Urban and a zoning designation of Low Medium Density Residential is
consistent with the standards for approval enumerated in Section 4~602 F. and Section 4-
603 F. of the Community Development Code. The~efore, he moved that the Community
Development Board recommend to the City Commission that the comprehensive plan
amendment and the zoning atlas amendment requested by Russell and Sydney Jacobs at
2854 Saint John Drive be granted. The motion was duly seconded and carried 7:0.
LAND USE PLAN AMENDMENT~
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An ordinance of the City of Clearwater, Florida, amending the Comprehensive Plan of
the City as adopted on November 16, 1989, including amendments to the future land use,
traffic circulation, coastal zone management, conservation, intergovernmental coordination
and capital improvements elements; providing an effective date. These amendments are
proposed pursuant to the Evaluation and Appraisal Report (EAR) Regulations.
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Ms. Hardin said this is the board's second public hearing related to EAR. In June,
all elements were presented except for Intergovernmental Coordination and Capital
Improvement.
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Planner Teresa Mancini reviewed changes to the draft. She said the ICE
(Intergovernmental Coordination Element) changes clarify and reflect new or changed
conditions in the City.
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Senior Planner Gary Jones reported a policy conflict regarding the proposal in Policy
19.3.3. of the Coastal Management Element. While the policy indicates the City will
provide trolley service between the mainland and Clearwater beach, the proposed City
budget eliminates that service. Mr. Stone suggested amending the language. In response
to a question, Ms. Hardin said consistency is necessary. The Commission can make the
change.
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Ms. Hardin reviewed changes to the Capital Improvement Element: 1) Policy 28.1.8
~ Penny for Pinellas LGIS (Local Government Infrastructure Surtax) approved; 2) Policy
28.2.1 - rewritten with same effect; 3) Policy 28.3. 7 ~ deleted pages 9, 10, 11, 12, 13,
14; 4) Policies 28.3.8, 28.3.9, and 28.3.10 ~ deleted as impact fee was adopted; 5) Policy
28.5 and 28.5.1 - revised; and 6) Policy 6.1.1 - condensed Capital Improvement Program
for FY (fiscal year) 2000-05.
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Staff requested the board recommend the Commission adopt the capital
improvement budget. In response to a question, Ms. Hardin said the element must be
amended annually. The Front Porch Initiative is not included. After analyzing that issue,
staff will bring back recommendations. These EAR based amendments comply with State
requirements.
One person spoke in favor of protecting the City's history and residential character.
Member Gildersleeve moved to recommend approval of the EAR-based amendments
as requested, changing the language in Policy 19.3.3 of the Coastal Management Element
, from "shall continue" to "encourages" regarding trolley service between the mainland and
beach, as suggested by staff. The motion was duly seconded and carried 7:0.
D. Amendment to the Clearwater Downtown Redevelopment Plan: Resolution No. 99-35
A resolution of the Clearwater City Commission amending the Community
Redevelopment Plan for the downtown area of the City of Clearwater to change the
Medium/high Density Residential classification of two parcels located north of Park Street
between Myrtle Avenue and Greenwood Avenue to the commercial/office/residential
Classification; to change the Open Space/Recreation classification of parcels located from
Myrtle Avenue east to Ewing Street and from Park Street south to Court Street to the
commercial/Office/Residential classification; and to change the Medium/High Density
residential classification of properties located on the north side of South Greenwood
Avenue from Park Street south to Chestnut Avenue and properties located south of COllrt
Street north of Chestnut Street from Myrtle Avenue to South Prospect Avenue to the
Commercial/Office/Residential classification.
Ms. Mancini said the City Commission had adopted the Community Redevelopment
Plan in August 1995 and amended it last October. The Plan divides downtown into 5
districts with land use designations, permitted uses, and maximum densities. Since its
adoption, downtown conditions have changed. Staff proposes changes: 1) amend land
use of 2 parcels north of Park Street from Medium High Density Residential to Commercial
Office Residential; 2) amend land use designation of the proposed pond location from Open
Space Recreation to Commercial Office Residential; and 3) amend land use designation of
parcels between South Greenwood Avenue and Myrtle Avenue and the block northeast of
the Myrtle Street/Chestnut Avenue intersection from Medium High Density Residential to
Commercial Office Residential.
The proposals will encourage mixed-use development and allow the City to respond
to future development initiatives. The pond is a central amenity within the redevelopment
area. Modifications will allow developers to reconfigure the pond consistent with the
development pattern. Currently, the subject properties have commercial and residential
uses.
In response to a question, Ms. Mancini said the pond is not reflected in the plan.
The City intends for development to reconfigure the pond's design to maximize benefits.
Mr. Stone said staff had contacted surrounding property owners regarding the proposed
zoning change and had received no objections. Development interests have indicated a
mcd0799
7
07/20/99
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need for flexibility in this area. In response to a question, he said boundaries can extend
beyond the redevelopment plan. In response to a question, Ms. Dougall-Sides indicated no
conflict of interest exists for Member Mazur.
. Member Gildersleeve moved approval to amend the Downtown Redevelopment Plan
as follows: 1} amend land use of 2 parcels north of Park Street from Medium High Density,
Residential to Commercial Office Residential; 2) amend land use designation of the
proposed pond location Open Space Recreation to Commercial Office Residential; and 3)
amend land use designation of parcels between South Greenwood Avenue and Myrtle
Avenue and the block northeast of the Myrtle Street/Chestnut Avenue intersection from
Medium High Density Residential to Commercial Office Residential. The motion was duly
seconded and carried 7:0.
Item 4 - ADDroval of Minutes of Previous MeetinQs - June 15. 1999
Member Johnson moved approval of the minutes of the regular meeting of June 15,
1999, as submitted in written summation to each board member. The motion was duly
seconded and carried 7:0.
Item 5 - Chairman's Items - None.
Item 6 - Board's Items
Staff was complimented for efforts regarding the new code.
Member Plisko questioned permit fees charged one of his clients. Staff will
research the matter and respond.
'Item 7 - Director's Items
Mr. Stone tendered staff names for approval as expert witnesses: 1) Michael
Holmes, Housing Manager - expert witness in housing; 2) Nina Badoni, Assistant Housing
Director - expert witness in housing; 3) Tom Mudano, Neighborhood Service Manager -
expert witness in neighborhood services; and 4) Etim Udoh, Senior Planner - expert
witness in annexation, land use rezoning and demographics.
Member Mazur moved to accept Michael Holmes, Nina Badoni, Tom Mudano, and
Etim Udoh as expert witnesses in their fields. The motion was duly seconded and carried
7:0.
A list of all board approved expert witnesses and their fields of expertise was
requested.
Mr. Stone said the board will receive suggested options to simplify motions.
Member Johnson moved to direct staff to report on Pinellas County School Board
intentions regarding the Clearwater High School tower. The motion was duly seconded
and carried 7:0.
mcd0799
8
07/20/99
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