07/15/1999 (2)
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, July 15; 1999 - 6:00 P.M. - Commission Chambers
1.
2.
3.
4.
Invocation - Rev. Jon BUssit, Trinity Presbyterian Church.
Pledge of Allegiance - Mayor.
Service Awards - 1 award presented.
Introductions and Awards
Employee of the Month 7/99 - Millie McFadden, Parks and Recreation.
Proclamation: US Coast Guard Auxiliary Day - 6/23/99.
Presentations
a) Sand Key Civic Association - Bob Henion - Millie McFaddon & Mark Roether presented with
plaques in recognition of their efforts in the Sand Key beach vegetation project.
Approval of Minutes - Regular Meeting 6/17/99 & two Special Meetings of 6/18/99
(attorney/clientHFire Assessment Item) - Approved as submitted.
Citizens to be heard re items not on the Agenda
Sheila Cole recommended Mandalay Avenue on-street parking be retained.
~ Susan Richards. Jack Alvord. and Loren Westenben:::1er opposed a pending zoning change
application fo~ the Connolly property and requested the City take steps to safeguard the Bayview
area from development.
5.
6.
7.
Jean Stuart requested the United Daughters of the Confederacy be allowed to retain the sign on
their property which generates revenue for their organization.
Tom Sehlhorst complained several provisions in the new land development code are unfair.
Bob Lannina and John Lee made recommendations related to the Fire Departmentt s budget.
Janie Youna. Nancv Beavers. Farrah Clements. and Willie Rickter related the benefits of the
Jasmine court recreation center to area children and requested it not be closed.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing & First Reading Ords. #6418-99 & #6419-99 - Annexation & LOR Zoning for
property located at 1810 Brentwood Dr., Lake Lela Manor 1 st Addition, Lot 9 (James & Racine
Hall, A99-11) (PLD)
ACTION: Approved. Ordinances passed 1st reading.
9. Public Hearing & First Reading Ords. #6420-99 & #6421-99 - Annexation & LOR Zoning for
property located at 2250 & 2260 Nursery Rd., SW}4 Pinellas Groves, part of Lot 11 (Larry &
Gladys Hllkert, A99-10HPLD)
ACTION: Approved. Ordinances passed 1st reading.
U7/15/99
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10. Public Hearing on City's 1999-2000 Consolidated Plan - Receive Public Input (PLD)
ACTION: Received input. .
,\.--
11. Public Hearing & First Reading Ord. #6423-99 - Vacating northerly 4' of southerly 10' drainage &
utility easement, Countryside Tract 56, Unit 1, Lot 102 (Cruz /lucas, V99-081 (PW)
ACTION: Approved. Ordinance passed 1 st reading.
12. Public Hearing & First Reading Ord. #6424-99 - Vacating easterly 0.5' of 18' drainage & utility
easement lying west of Lots 1 & 2, Map of Belleair, Blk 25 (Denker, V99-09HPW)
ACTION: Approved. Ordinance passed 1 st reading.
. 13. Public Hearing & First Reading Ord. #6425-99 - Vacating south 70' of Parkstream Avenue r-o-w
lying west of Lot 19, Elk G and east of Lot 5, Blk H, Countrypark Sub. (City, V99-10HPW)
ACTION: Approved. Ordinance passed 1st reading.
14. Public Hearing & First Reading Ord. #6426-99 - Vacating 20' r-o-w of Grove Street, lying east of
Myrtle Avenue & west of North Prospect Avenue, subject to retaining the full 20' as a drainage &
utility easement (Arnold, V99-06)(PW)
ACTION: Ap~roved. Ordinance passed 1 st reading.
Public Hearing - Second Reading Ordinances
(~?'f~\t 5.
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Ord. #6380-99 - Relating to dishonored checks, drafts and money orders, amending Sec. 2.528
to impose a service fee not to exceed service fees authorized under Florida Statute 166.251 or
5% of face amount of check, draft or money order, whichever is greater, for collection of a
dishonored check, draft, or other order for payment of money to a municipal official or agency
ACTION: Ordinance adopted.
. 16. Ord. #6413-99 - Annexation for property located at 2684 3rd Ave., N., , Chautauqua Section A,
Unit 1, Blk 47, Lot 10 (Jennifer Elin Cole, A99-09)
ACTION: Ordinance adopted.
17. Ord. #6414-99 - LOR Zoning for property located at 2684 3rd Ave., N., , Chautauqua Section A,
Unit 1, Blk 47, Lot 10 (Jennifer Elin Cole, A99-09)
ACTION: Ordinance adopted.
18. Ord. #6415-99 - Amending Operating Budget for Fiscal Year ending 9/30/99
ACTION: Ordinance adopted.
19. Ord. #6416-99 - Amending Capital Improvement Program Report and Budget for Fiscal Year
ending 9/30/99
ACTION: Ordinance adopted.
~/15/99
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #20.28) . Approved as submitted.
20. Aporoval of Purchases & Declaration of Surplus per 6/22/99 memorandum:
Fountain Motor Company, d/b/a King Truck Center, one 1999 GMC Model C7H042 chassis with
National Crane Model 228 crane, $80,800; funding to be provided under City's Master Lease-
Purchase Agreement (GSSI
Anacom Inc., precision solar control signal lamps for installation on Gulf to Bay Blvd., est.
$45,000 (PW)
Florida Green Resources, cypress wood chips to be used in parks and recreation facilities
throughout City, 8/1/99~7/31/2000, est. $50,000 (QOL)
Penny's School of Dance, Baton and Gymnastics, Inc., dance, baton & gymnastic instruction at
Morningside & Countryside Recreation Centers, 7/16/99-9/30/2000, est. $30,000 (QOL)
Oakhurst Construction, labor & materials for construction of restroom I shelter building at Eddie
C. Moore West Complex, $188,099.56 (QOL)
Florida Power, rental, maintenance & power for 25 street lights & poles to be used at Cherry
Harris Park, 8/1199-9/30/2005, est. $50,000 (QOL)
. Armstrong Environmental Services, pond maintenance including nuisance & exotic vegetation
control service 'for all City lakes, ponds & channels, 7 /16/99~9/30/2002, est. $90,000 (PW)
EK Phelps and Company, new pumps & repair sflrvice for existing pumps used throughout City at
all lift stations, 7/16/99-12/31/2000, est. $145,000 (PW)
(it;J~- Tampa Armature Works, Inc., pump & motor repair for PW/Waste Water, 7/16/99-12/31/2000,
'!';,1;:; est. $50,000 (PW) .
Thompson Goodis and Thompson, continued legal services in previously approved litigation,
7/16/99-9/30/99, est. $30,000 (eA)
Declare surplus to City needs and authorize disposal through trade-in or transfer to Solid Waste
the following: Trade Design Jet 650C, Model HP 1055CM Plotter (trade-in)(PWI and Unlsys A4F
mainframe, MD8-4 external disk, and PE tape drives & misc. supporting equipment
(transfer)(GSS)
21. Authorization to settle workers' compensation indemnity claim of Samuel McBride for $200,827
(FN)
22. Joint Project Agreement with Pinellas County to install natural gas mains during County
improvement project Dansville Redevelopment Area, Phase I, at no cost to City IGAS)
23. Contract to Shamrock Building Services, for custodial services, 8/1/99-7/31/2000, $122,809.68
(GS)
24. Lease Agreement with Clearwater Housing Authority, 2931 Sandlewood Dr. (Jasmine Court
Substation), 8/1/99-7/31/2000 (PO)
25. Lease renewal, Sgt. Allen Moore Community Partnership, Inc., 1996 Ford Econoline, 15
passenger Club Wagon, 1 year commencing 9/20/99, renewable for up to an additional year, at
annual lease payment of $1 for each period (PO)
26. Approve recommendations for Special Events Grants Funding Program, granting a total of
$50,000 to ten Clearwater non-profit organizations for new special events or enhancements to
existing special events (TRI
V7/15/99
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27. Approve release of funds to Miles Media Group for purchase of advertising in the year 2000 Visit
Florida Vacation Planner and the St. Petersburg 1 Clearwater Area Visitor Guide, In an amount not
to exceed $35.000 (TR)
28. Water main easement for installation & maintenance of fire protection water line and consent to
easement and subordination of interest, Sec. 20-29-16, part of Government Lot 3 (Robert G.
Daniel, fee owner of property leased to Crown Acura of Clearwater) (CA)
OTHER ITEMS ON CITY MANAGER REPORT
29. Update regarding Beach Entryway (Roundabout) Project (eM)
ACTION: Update given.
30. Set TRIM Millage Rate - Adopt tentative millage rate of 5.7158 mills for Fiscal Year 1999-00 and
set Public Hearings on the Budget for 9114/99 & 9/28/99 to be held no earlier than 6:00 p.m.
(BU)
_ ACTION: Adopted tentative rate of 5;6158 mills: public hearings set.
31. Joint Project Agreement with FOOT, street lighting at US 19N/Drew Street interchange: Res.
#99-30 - authorizing execution of agreement (PW)
ACTION: Approved. Resolution adopted.
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Approve amendments to Code related'to establishing. an Industrial Pretreatment Program; First
Reading Ord. #6393-99 - relating to wastewater collection, repealing Div. 2, Discharge
Restrictions, Sees. 32.211-32.224 and creating new Div. 2, Sees. 32.211-32.225, Pretreatment
and Discharge Restrictions; and approve interlocal agreement, with Safety Harbor (PW)
ACTION: Approved. Ordinance passed 1 st reading. Approved agreement.
33. Contract to Tampa Bay Engineering for Sanitary Sewer System Evaluation & Self Audit, Phase II,
$1,996,253 (PW)
ACTION: Approved.
34. Establish City's position regarding proposed Special Act on Annexation to exempt cities with
defined planning areas from the PPC's review or proposed annexation: provide authority to staff
to represent City's position to the PPC and Board of County Commissioners (PLD)
ACTION: City's opposition to Special Act as currently written to be conveyed.
35. Provide direction ra Sister City funding request
ACTION: Denied.
C)7115/99
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First Readhig Ord.. #6435~99 ~ Appointing a board of commissioners to the Enterprise Zone
Development Agency (elK)
ACTION: Ordinance passed 1 st reading. Appointed EZDA Board of Commissioners 1) John
Connolly/Chair - business operating within area category. 4-year term; 2) Bob Kinney/Vice-Chair ~
local chamber of commerce category - 4-year term: 3) Ralph linn ~ resident residing within area
category ~ 4~year term: 4) Steve Bell - non-profit community based organization operating within
area category ~ 4~year term; 5) Rev. Mack Sigmon - non-profit community based organization
operating within area category. 3-year term; 6) Cheryl Wade ~ local financial or insurance entities
category - 3-year term; 7) Donald Rutledge * local Private industry Council category ~ 2*year term;
8) Lt. Don Hall - City of Clearwater Police Department category. 2*year term; and 9) Rick Rosa -
City of Clearwater Community Response Team category - 1-year term.
:':.1
37. Appointment to Long Center Board of Directors (elK)
ACTION: Appointed Scott Tyler for term 10/1/99 to 9/30/2002.
38. Other Pending Matters. None.
CITY ATTORNEY REPORTS
39. Res. #99~34 ~ Assessing property owners the costs of having mowed or cleared owners' lots
ACTION: Approved. Resolution adopted.
40.
First Reading Ord. #6427-99 - Relating to money purchase pension plan; amending Sec. 2.510.2
of code and amending Sec. 8.9 of plan document to provide for withdrawal from e~ployee
contribution account
ACTION: Approved. Ordinance passed 1st reading.
J
41. Other City Attorney Items ~ None.
42. City Manager Verbal Reports - None.
43. Other Commission Action
Hooper expressed concern the Federal Religious Liberty Protection Act legislation would erode
City rights.
~ Hooper offered to lead a committee to address Fire Department needs. Commissioners to submit
names and determine committee membership and a sunset date on 8/5/99.
Hooeer expressed concern regarding contracting for services and recommended an ordinance be
drafted requiring City Commission approval of contracted services. It was suggested a policy
addressing this issue be developed instead. The majority requested the City Attorney draft a
policy requiring notification regarding contracted services.
AunQst reported a women's health forum will be held at the Harborview Center on 7/23/99.
44. Adjournment - 9:26 p.m.
\.17/1 5/99
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CITY COMMISSION MEETING
CITY OF CLEARWATER
July 15, 1999
Present: Brian J. Aungst
Ed Hooper
'J. B. Johnson
Robert Clark
Ed. Hart
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also Present Michael J. Roberto
Richard L. Hedrick
Bob Keller
Bill Horne '
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Deputy City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Reverend Jan Blissit of Trinity Presbyterian Church. The Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
Millie McFadden, Parks & Recre'ation Department, was presented the July 1999
Employee of the Month award.
,
ITEM #4 - Introductions and Awards
Proclamation: U.S. Coast Guard Auxiliary Day - June 23, 1999
ITEM #5 ~ Presentations
a) Sand Key Civic Association
Bob Henion presented Millie McFadden & Mark Roether with plaques in recognition
of their efforts in the Sand Key beach vegetation project.
mcc0799
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07/15/99
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ITEM #6 - AODroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
June ,17, 1999, and the special meeting of June 18, 1999, as recorded and submitted in
written summation by the City Clerk to each Commissioner. The motion was duly
seconded and carried unanimously.
ITEM #7 w Citizens to be heard re items not on the Aaenda
Jean Stuart requested the United Daughters of the Confederacy be allowed to retain
the sign on their property, which generates revenue for their organization.
Sheila Cole recommended Mandalay Avenue on-street parking be retained.
Susan Richards. Jack Alvord. and loren Westenberoer opposed a pending zoning
change application for the Connolly property and requested the City take steps to
safeguard the Bayview area from development.
Bob Lannina and John Lee made recom~endations related to the Fire Department's
budget. .
Janie Vouna. Nancy Beavers. Farrah Clements. and Willie Rickter related the
benefits of the Jasmine Court recreation center to area children and requested it not be
closed.
PUBLIC HEARINGS
, ITEM #8 - Public Hearina & First Readina Ords. #6418-99 & #6419-99 - Annexation & lOR
Zoning for property located at 1810 Brentwood Dr., Lake Lela Manor 1 st Addition, Lot 9
(James & Racine Hall, A99-11) (PLD)
The applicants have requested annexation and zoning of low Density Residential for
1810 Brentwood to obtain water and sewer service. The Community Development Board
unanimously,endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to low Density Residential (LOR) for lot 9, lake lela Manor, 1 Bt
Addition. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6420-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6420-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
mcc0799
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07/1 5/99
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"Ayesu: Johnson, Clark, Hooper, Hart and Aungst.
"Nayslt: None.
The City Attorney presented Ordinance #641 8~99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6419~99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
UAyes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
n)EM #9 - Public Hearina & First Readina Ords. #6420~99 & #6421~99 - Annexation & LOR
Zoning for property located at 2250 & 2260 Nursery Rd., SW~ Plnellas Groves, part of Lot
11 (Larry & Gladys Hllkert, A99-10HPLD) .
The applicants have requested annexation and zoning of Low Density Residential for
2250 & 2260 Nursery Road to obtain water and sewer service. The applicants intend to
subdivide this lot Into two which will allow for Individual ownership should they decide to
sell these homes. The Community Development Board unanimously endorsed the request.
Consensus was to reduce the amount of distributed paperwork related to
annexations to include only a cover memorandum, the ordinances, and a location map.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Low Density Residential (LOR) for a portion of Lot 11, Pinellas Groves
SW ~ (West) 165 feet of the south 264 feet of SO Lot less road. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6420-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6420-99 on first reading. The
motion was duly seconded and upon roll call, the voto was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
ttNays": None.
The City Attorney presented Ordinance #6421 ~99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6421-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
t'Nayslt: None.
mcc0799
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07/1 5/99
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ITEM #10 . Public Hearinq on City's 1999/2000 Consolidated Plan - Receive Public Input
(PLD)
USHUD (U.S. Department of Housing & Urban Development) requires an annual
statement from communities receiving entitlement funds, identifying the sources and uses
of federal money for housing, community, and economic development. This planning
document, the Consolidated Plan, reports how the City uses these funds to address
identified needs. Goals identified in the Consolidate Plan include development of viable
communities, the provision of safe and affordable housing, and an expansion of economic
opportunities for residents with incomes rated very low to moderate. According to this
year' 5 Consolidated Plan, Federal and State funds will be allocated to provide housing
opportunities to low to moderate income families for new and existing homes, job training,
and placement services, construction andlor renovation of public facilities, and to fund
programs which assist the homeless, elderly, physically challenged, children, and single
parent households.
In FY (fiscal year) 1999/00, the City expects to receive $1,005,000 in Federal
COBG (Community Development Block Grant) funds, $459,000 in HOME (Housing
Opportunity Made Equal) funds, and $733,000 from SHIP (State Housing Initiatives
Program). The slight growth in SHIP funding for housing programs is due to increased
revenues on the State level. The level of CDBG and HOME funding has remained static.
HOME and SHIP funds are restricted to housing activities. Only COGS funds may also be
used for economic development, code enforcement, public services and facilities,
relocation, demolition, and administration.
Sub-grantee funding recommendations in the Consolidated Plan are based on
NAHAB (Neighborhood & Affordable Housing Advisory Board) and TRC (Technical Review
Committee) evaluations in accordance with the Citizen Participation Plan approved by the
City Commission in March 1995. During the approval process,. board and some committee
members visit agencies which have submitted funding applications, hear formal
presentations, and then rank applications based on criteria such as social impacts on the
community, agency experience, ability, etc. TRC rankings are based only on information
included in applications while NAHAS members also consider community needs.
This year, 21 agencies applied for almost $2-million. The highest scoring
applications are recommended for funding. Agencies, previously funded through this
process, scored below the cut-off: 1) Boys & Girls Clubs of the Suncoast; 2) Family
Resources; and 3) Girls, Inc. of Pinellas. Should funds become available during the year,
the applicant with the next highest score could receive funding.
. In response to a question, Ralph Stone, Director of Planning, reviewed roquirements
for the housing pool. Agencies will be able to contract for as much housing as they can
produce under appropriate guidelines. He said a source of funding is needed to rehabilitate
substandard rental projects that are brought forward during the year.
mcc0799
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07/1 5/99
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Representatives from Boys & Girls Clubs of the Suncoast and Girls, Inc. of Pinellas
said the lack of funds will harm their programs. Representatives from the Mustard Seed -
Turning Point, Partners in Self Sufficiency, Family Resources Foundation, Community
Services Foundation, the Tampa Bay Community Development Corporation, and Clearwater
Neighborhood Housing Services thanked the City for the funding allocations. A NAHAS
member recommended the process be more flexible to allow partial funding of projects. In
response to a question, Mr. Stone said funding for all social service applications is capped
at 15% of CDBG funds, or $150,000. A resident suggested funds allocated for Special
Events be redirected to the unfunded applicants. Another resident suggested the budget
shortfall is a result of the loss of taxable property to Scientology.
It was requested the process and criteria be reviewed to determine if more
flexability can be allowed in the future.
ITEM #11 - Public Hearino & First Readino Ord. #6423-99 - Vacating northerly 4' of
southerly 10' drainage & utility easement, Countryside Tract 56, Unit 1, Lot 102 (Cruz /
Lucas, V99-08)(PWI
The swimming pool and deck, built approximately 6 years ago at 2879 Meadow
Wood Drive, encroaches into the 10-foot drainage and utility easement. The City has no
utilities within the easement. The utility companies do not object to the vacation request.
Commissioner Hooper moved to approve the applicant's request to vacate the
northerly 4 feet of the southerly 1 O~foot drainage and utility easement of Lot 102,
Countryside Tract 56, Unit 1. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6423~99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6423-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #12 - Public HearinCl & First Readino Ord. #6424-99 - Vacating easterly 0.5' of 18'
drainage & utility easement lying west of Lots 1 & 2, Map of Belleair, Blk 25 (Denker, V99-
09)(PW)
This recently constructed building at 1300 South Fort Harrison Avenue encroaches
0.2 feet into the 18-foot drainage and utility easement. A contractor error apparently
occu:-red when staking out the building. The encroachment was identified when the final
survey was done. The City has a sanitary sewer and water main within this easement.
The utility companies do not object to the vacation request.
Commissioner Johnson moved to approve the applicant's r4equest to vacate the
easterly 0.5 feet of the 18-foot drainage and utility easement lying west of Lots 1 and 2,
block 25, Map of Belleair. The motion was duly seconded and carried unanimously.
mcc0799
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07/1 5/99
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The City Attorney presented Ordinance #6424-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6424-99 on first reading.
. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #13 - Public Hearina & First Readina Ord. #6425-99 - Vacating south 70' of
Parkstream Avenue r-o-w lying west of Lot 19, Blk G and east of Lot 5, Blk H, Countrypark
Sub. (City, V99-10HPW)
The subject right-of-way is paved but is not used by vehicular traffic. The owner of
Lot 5 has a driveway along the property's north side and will be able to access the
property from Parkstream Avenue. This right-of-way originally was intended to serve as
access to lake Chautauqua Park. Due to neighborhood concerns, a different access route
was chosen. The City has no need for the right-of-way. Public Works Administration
recommends the vacation of this portion of right-of-way, subject to retaining full width as a
drainage and utility easement. The utility companies do not object to the vacation request.
In response to a question, Public Works Administrator Rich Baier said staff will
remove the pavement during the next year and replace it with sod. The adjoining
properties want the option to extend their properties.
Commissioner Hart moved to approve the applicant's request to vacate the south
70 feet of Parkstream Avenue right-of-way lying west of Lot 19, block "G" and east of Lot
5, Block "H," Countrypark Subdivision. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6425-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6425-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #14 - Public Hearina & First Readina Ord. #6426-99 - Vacating 20' r-o-w of Grove
Street, lying east of Myrtle Avenue & west of North Prospect Avenue, subject to retaining
the full 20' as a drainage & utility easement (Arnold, V99-06) IPW)
The applicant proposes to use the Grove Street right-of-way and adjacent property
to develop a mini-storage facility. The right-of-way is unpaved and not used by vehicular
traffic. The right-of-way contains a sanitary sewer main. Public Works Administration
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recommends vacation of this portion of I'ight~of.way, subject to retaining It full width as a
drainage and utility easement. The applicant acknowledges any improvements over or
across the easement area are constructed at tho applicant's risk, and to the extent that
such improvements are damaged by the City's use of the easement, the City shall not be
required to restore such improvements. The utility companies do not object to the vacation
request.
Ed Armstrong, representative, said the proposed use of this property is not the issue
to be considered but whether this right of way is needed by the public. He reported staff
had recommended approval of this var.ation when previous development proposals were
being considered.
Commissioner Johnson moved to approve the applicant's request to vacate the 20-
foot right-of-way of Grove Street lying east of Myrtle Avenue and west of N. Prcspect
Avenue subject to retaining the full 20 feet as a sidewalk, drainage, and utility easement.
I
The motion was duly seconded. Commissioners Johnson, Clark and Hart voted "Aye";
. Commissioner Hooper and Mayor Aungst voted 'Nay." Motion carried.
The City Attorney presented Ordinance #6426-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6426-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, and Hart.
"Nays": Hooper and Aungst.
Motion carried.
Public Hearina - Second Readinq Ordinances
ITEM #15 - Ord. #6380-99. Relating to dishonored checks, drafts and money orders,
amending Sec. 2.528 to impose a service fee not to exceed service fees authorized under
Florida Statute 166.251 or 5% of face amount of check, draft or money order, whichever
is greater, for collection of a dishonored check, draft, or other order for payment of money
to a municipal official or agency
The City Attorney presented Ordinance #6380-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6380-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayeslt: Johnson, Clark, Hooper, Hart and Aungst.
"Naysll: None.
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~ITEM #16 - Ord. #6413.99 - Annexation for property located at 2684 3rd Ave., N.,
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The City Attorney presented Ordinance #6413-99 for second reading and read it by
. title only. Commissioner Hooper moved to pass and adopt Ordinance #6413.99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
.. Ayes": Johns,on, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #17 - Ord. #6414-99 - LOR Zoning for property located at 2684 3rd Ave., N.,
Chautauqua Section A, Unit 1, Blk 47, Lot 10 (Jennifer Elln Cole, A99~09)
The City Attorney presented Ordinance #6414-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6414-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
,
ITEM #18 - Ord. #6415-99 - Amending Operating Budget for Fiscal Year ending 09/30/99
The City Attorney presented Ordinance #641 5~99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6415-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #19 - Ord. #6416~99 - Amending Capital Improvement Program Report and Budget
for Fiscal Year ending 09/30/99
The City Attorney presented Ordinance #6416-99 for second reading and read it by
title only. Commissioner Johnson moyed to pass and adopt Ordinance #6416-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
tlNays": None.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-28) - Approved as submitted.
ITEM #20 ~ Approval of Purchases & Declaration of Surplus per 06/22/99 memorandum:
Fountain Motor Company, d/b/a King Truck Center, one 1999 GMC Model C7H042 chassis
with National Crane Model 228 crane, $80,800; funding to be provided under City's
Master Lease-Purchase Agreement (GSS)
Anacom Inc., precision solar control signal lamps for installation on Gulf to Bay Blvd.,
estimated $45,000 (PW)
Florida Green Resources, cypress wood chips to be used in parks and recreation facilities
throughout City, 8/1/99-7/31/2000, estimated $50,000 (Qot)
Penny's School of Dance, Baton and Gymnastics, Inc., dance, baton & gymnastic
Instruction at Morningside & Countryside Recreation Centers, 07/1 6/99-09/30/00,
estimated $30,000 (QOt)
Oakhurst Construction, labor & materials for construction of restroom J shelter building at
Eddie C. Moore West Complex, $188,099.56 (QOt)
Florida Power, rental, maintenance & power for 25 street lights & poles to be used at
Cherry Harris Park, 08/01/99-09/30/05, estimated $50,000 (QOL)
Armstrong Environmental Services, pond maintenance including nuisance & exotic
vegetation control service for all City lakes, ponds & channels, 07/1 6/99-09/30/02,
estimated $90,000 (PW)
EK Phelps and Company, new pumps & repair service for existing pumps used throughout
City at aU lift stations, 07/16/99-12/31/00, estimated $145,000 (PW)
Tampa Armature Works, Inc., pump & motor repair for PW/Waste Water, 07/16/99-
1 2/31/00, estimated $ 50,000 (PW)
Thompson Goodis and Thompson, continued legal services in previously approved litigation,
07/16/99~09/30/99, estimated $30~000 (CA)
Declare surplus to City needs and authorize disposal through trade-in or transfer to Solid
Waste the following: Trade Design Jet 650C, Model HP 1055CM Plotter (trade-in) (PW)
and Unisys A4F mainframe, MDB-4 external disk, and PE tape drives & misc. supporting
equipment (transfer)(GSS)
ITEM #21 ~ Authorization to settle workers' comDensation indemnltv claim of Samuel
McBride for $200,827 (FN)
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ITEM #22 - Joint Proiect Acreement with Pinellas County to Install natural gas mains during
County Improvement project Oansville Redevelopment Area, Phase I, at no cost to City
(GAS)
ITEM #23 - Contract to Shamrock Buildlna Services, for custodial services, 08/01/99-
07/31/00, $122,809.68 (G5)
ITEM #24 - Lease Aareement with Clearwater HousinQ Authority, 2931 Sandlewood Dr.
(Jasmine Court Substation), 08/01/99-07/31/000 (PO)
ITEM #25 - Lease renewal. SQt. Allen Moore Community PartnershiD. Inc., 1996 Ford
Econoline, 15 passenger Club Wagon, 1 year commencing 09/20/99. renewable for up to
an additional year, at annual lease payment of $1 for each period (PO)
ITEM #26 - Approve recommendations for Seecial Events Grants FundinQ Proaram, granting
a total of $50,000 to ten Clearwater non-profit organizations for new special events or
enhancements to existing special events ITR)
ITEM #27 - Approve release of funds to Miles Media Group for purchase of advertising in
the year 2000 Visit Florida Vacation Planner and the St. Petersburg/Clearwater Area Visitor
~uide, in an amount not to exceed $35,000 (TR)
ITEM #28 - Water main easement for installation & maintenance of fire protection water
line and consent to easement and subordination of interest, Sec. 20-29-16. part of
Government Lot 3 (Robert G. Daniel, fee owner of property leased to Crown Acura of
Clearwater) (CA)
Commissioner Hooper moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
The Commission recessed from 7:36 to 7:54 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 - Update recardino Beach Entrvwav (Roundabout) Proiect (CM)
The roundabout project remains on schedule.
ITEM #30 - Set TRIM Millaoe Rate - Adopt tentative millage rate of 5.7158 mills for Fiscal
Year 1999/00 and set Public Hearings on the Budget for 09/14/99 & 09/28/99 to be held
no earlier than 6:00 p.m. (BU)
In accordance with the TRIM Bill process, it is necessary for the City Commission to
adopt a tentative millage rate prior to finalizing and adopting the budget. The tentative
millage rate will be included in the TRIM bill notices sent to taxpayers in early August and
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cannot be increased without a special mailing. The City Manager's recommended millage
rate of 5.7158 mills is an increase of .6 mills over the current rate of 5.1158 mills.
One resident spoke in support 'of a millage increase while three residents spoke in
opposition.
Commissioner Johnson moved to adopt a tentative millage rate of 5.6158 for FY
1999/00 and set Public Hearings on the budget for September 14, 1999, and September
28, 1999, to be held no earlier than 6:00 p.m. There was no second.
It was estimated costs have increased significantly due to inflation since the last
millage increase. It was noted the City had increased its income by raising most fees.
Discussion ensued regarding the progress the City is making and a desire to not stifle that
progress was expressed. The need to address fire department requirements was also
noted. Concern was expressed next year's budget needs will increase again. It was hoped
the millage rate can be adjusted downward in the future. Until a fire station can be
constructed on Sand Key, it was recommended equipment and staff be assigned there in
the interim.
Commissioner Johnson moved to adopt a tentative millage rate of 5.6158 for FY
1999/00 and set Public Hearings on the budget for September 14, 1999, and September
28, 1999, to be held no earlier than 6:00 p.m. The motion was duly seconded.
Commissioners Johnson, Clark, and Hart and Mayor Aungst voted "Aye"; Commissioner
Hooper voted "Nay." Motion carried.
ITEM #31 - Joint Proiect Aareement with FOOT, street lighting at US 19N/Drew Street
interchange; Res. #99~30 ~ authorizing execution of agreement (PW)
The City and FOOT (Florida Department of Transportation) have agreed to enter into
a JPA (Joint Project Agreement) for street lighting at the SR 55 (US 19N) and Drew Street
interchange. Interchange lighting is important for public safety. FOOT will be responsible
for design and installation of the lights. The City will be responsible for light maintenance
and payment of energy costs. It is estimated annual maintenance and electric costs should
not exceed $17,000. Should liabilities arise from a claim for damages, the City will
indemnify FOOT from claims resulting from City negligence, and FOOT will indemnify the
City from claims resulting from FOOT negligence. This agreement ensures the sovereign
immunity of the City pursuant to Chapter 768.28, Florida Statutes.
Commissioner Clark moved to approve a Joint Project Agreement with the Florida
Department of Transportation for street lighting at the SR 55 (US 1 9N) and Drew Street
interchange and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
The City Attorney presented Resolution #99-30 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-30 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Nays": None.
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
, ITEM #32 - Aoorove amendments to Code related to establishing an Industrial Pretreatment
, Program; First Reading Ord. #6393-99 - relating to wastewater collection, deleting Sec.
32.211-32.224 and adopting Industrial Pretreatment Ordinance by reference; and approve
interlocal agreement with Safety Harbor (PW)
FDEP (Florida Department of Environmental Protection) was delegated by USEPA
. (United States Environmental Protection Agency) to administer the Statewide IPP (Industrial
Pretreatment Program). FDEP is the approval authority for alllocallPPs. IPP goals are to
protect: 1) the infrastructure collection system, pumping system, and treatment plants; 2)
staff and citizen safety; 31 reclaimed water and sludge from harmful materials; and 4) to
prevent the pass-through of harmful materials to the environment. All Wastewater
Treatment Facilities, which provide reclaimed water to pUblic access facilities, must
develop a pretreatment program unless they can demonstrate the public utilities have no
significant industrial users. The City has identified categorical, significant, and minor
industrial users in the City.
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Commissioner Johnson moved to approve amendments to the code of Ordinances
related to establishing an Industrial Pretreatment Program and approve the interlocal
agreement between the City of Clearwater and the City of Safety Harbor and that the
appropriate officials be authorized to execute same, The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6393-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6393-99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nayslt: None.
ITEM #33 - Contract to Tamea Bav EnQineerinQ for Sanitary Sewer System Evaluation &
Self Audit. Phase II, $1,996,253 (PW)
Clearwater is conducting a Sanitary Sewer System Evaluation and Self-Audit to
eliminate overflows during heavy rainstorms and to comply with a USEPA request. Phase II
will monitor flows, develop a model to determine hydraulic flows, and continue physical
inspections. Phase II will cost $1,996,253 and continues the Phase I evaluation which
Tampa Bay Engineering is completing at a cost of $299,682. Phase I results from smoke
testing 25 miles of pipe and inspecting 750 utility access portals warranted continued
investigation. Some defects include cracked and deteriorated pipes, cross connections,
missing clean-out caps, etc.
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Phase I also inspected and evaluated 24 of the City's 75 Sanitary Sewer pump
stations. Some problems include excessive grease build-up, open grated valve boxes that
allow stormwater into the pump stations, excessive odors, obsolete pumps, and structural
deterioration. The resulting Pump Station Capital Improvement Report estimates renewal
and replacement of these 24 pump stations will cost $10.3-milllon. Staff will prioritize
. improvements into several projects for completion during the next five years. Engineering
Consultant Work Orders to rehabilitate six pump stations will be presented to the
Commission for approval.
Clearwater's Sanitary Sewer System has approximately 410 miles of pipes and
more than 10,000 utility access portals. Information collected during Phase I was used to
develop a scope of work for Phase II. Continued evaluation will allow the City to develop a
model and master plan, and allow field crews to take a proactive role in operating and
maintaining the system. The Phase II master plan also will provide data on which to base
future operating and capital improvement budgets.
Commissioner Clark moved to award the contract to Tampa Bay Englneeringt
Clearwater, Florida, in the amount of $1,996,253, for the Sanitary Sewer System
Evaluation and Self Audit, Phase II, and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
()
ITEM #34 - Establish Citv's position regardinQ proposed Soecial Act on Annexation to
exempt cities with defined planning areas from the PPC's review or proposed annexation;
provide authority to staff to 'represent City's position to the PPC and Board of County
Commissioners (PLD)
In July 1998, the PPC (Pinellas Planning Council) prepared an issue paper identifying
problems with current annexation procedures. Primary concerns relate to the lack of a
countywide comprehensive approach, predictable municipal borders, notification to
adjoining municipalities and County, and evaluation of annexing jurisdictions' ability to
provide utilities. The PPC determined a Special Act should be established to provide a
comprehensive system of annexation for the County. On May 25, 1999, the Board of
County Commissioners requested each municipality to review the proposal and issue an
official position. The PPC has scheduled a public hearing regarding this issue on July 21,
1999.
Currently, PPC review only is necessary for annexations greater than 10 acres. The
Special Act would require PPC review of all annexations for consistency with State law,
correctness of the legal description, consistency with the Countywide land use plan, and if
the annexing municipality is able to provide urban services. The Special Act would
establish a geographic area for each city, identifying the area eligible for future annexation
by that city. A city will not be allowed to annex outside this area nor annex property the
PPC determines to be inconsistent with the Special Act.
Staff has reviewed the Special Act. The City, one of four municipalities with a
defined planning area, is constrained by Dunedin city limits to the north, Largo city limits to
the south, Tampa Bay to the east, and the Gulf of Mexico to the west. The City is capable
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of serving all property within this area. As the City's planning area is defined, the Special
Act would add a layer of review to the City's current process. '
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As an alternative, staff suggests the Special Act exempt cities with defined planning
areas from annexation review. The City's current process could continue while a
comprehensive an,nexation program in other cities would be encouraged. Staff
recommends support of the Special Act provision that allows enclaves to be created as
cities pursue annexation within their planning areas. The provision recognizes the creation
of enclaves as a short-term byproduct of an active long-range annexation program. The
exemption would assist in pursuing voluntary annexation.
In response to a question, Mr. Stone said the Special Act. would add a step to the
City's annexation process and require PPC review of all City annexations. Assistant
Planning Director Cyndi Hardin said PPC stated concerns do not affect City annexation,
which should be exempt from PPC oversight. She said the PPC does not plan to forward
this proposal to the Legislative Delegation for review in 2000.
The City Attorney expressed concern the Special Act would erode City home rule
authority.
Commissioner Hooper moved to oppose the Special Act proposed by the ppe as it is
currently written and staff be authorized to present the City's position at the PPC public
hearing on July 21, 1999.. The motion was duly seconded and carried unanimously.
:=) ITEM #35 - Provide direction ra Sister City funding request
Tim Garvey, President of Clearwater Sister Cities, Inc., requested approval of $930
in travel related expenses for the July 21-25, 1999 Annual Sister Cities Conference in Little
Rock, Arkansas and $170 for a July 6, 1999 trip to Tallahassee related to the Sister City
program.
It was noted the current fiscal year's budget for the Sister City program is almost
$95 in arrears. This year's high expenses are related to hosting a 40-person delegation
from Nagano, Japan. Concern was expressed precedent not be set as the letter and
request for reimbursement were received after the fact.
In response to a question, City Clerk Cyndie Goudeau said the City budgets $1,200
annually to the Sister City program for membership dues, office expenses, and
commemorative type items. Beginning in 1993, the City began budgeting $3,000 annually
to a special project fund for travel expenses and costs associated with hosting large
delegations. Unused funds are rolled over from one year to the next. Last year's remaining
balance, while large, was used to host a celebration of the success of the 1998 Winter
Olympics with the visiting Nagano delegation. Ms. Goudeau said another $3,000 for the
special project fund is proposed for the FY (fiscal year) 1999/00 budget. Funds remaining
in this year's $1,200 budget will be transferred to cover the shortfall in the special project
fund.
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It was recommended the City Commission review this program as the budget
process continues.
" /....,
Commissioner Hart moved to deny the request for travel expenses related to the
Sister City Program. The motion was duly seconded. Commissioners Johnson, Hooper,
Hart, and Mayor Aungst voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
ITEM #36 - First ReadinQ Ord. #6435-99 - Appointing a board of commissioners to the
Enterprise Zone Development Agency (ClK)
In response to a question, the City Clerk recommended the City Commission not
appoint 13 members now as representation from the intended expanded area will be
needed. Appointing 2 family members could cause Sunshine Law problems.
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Commissioner Clark moved to appoint to the EZOA (Enterprise Zone Development
Agency) Board of Commissioners, including category: 1) John Connolly - business
operating within area; 2) Bob Kinney - local chamber of commerce; 3) Ralph Linn - resident
residing within area; 4) Steve Bell - non-profit community based organization operating
within Brea; 5) Rev. Mack Sigmon - non-profit community based organization operating
within area; 6) Cheryl Wade - local financial or insurance entities; 7) Donald Rutledge - local
Private Industry Council; 8) Lt. Don Hall - City of Clearwater Police Department; and 9) Rick
Rosa - City of Clearwater Community Response Team. The motion was duly seconded and
carrted unanimously.
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One resident requested additional information regarding program advantages.
It was noted the City Commission must designate a board chair and vice-chair and
specify the length of each member's term.
Consensus was to establish terms and appoint chair/vice-chair to the EZDA Board of
Commissioners: 1) John Connolly/Chair - 4-years; 2) Bob Kinney/Vice-Chair - 4-years; 3)
Ralph Linn - 4-years; 4) Steve Bell - 4-years; 5) Rev. Mack Sigmon - 3-years; 6} Cheryl
Wade - 3-years; 7) Donald Rutledge - 2-years; 8) Lt. Don Hall - 2-years; and 9) Rick Rosa -
1-year.
The City Attorney presented Ordinance #6435-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6435-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #37 - Aopointment to Lonq Center Board of Directors (ClK)
Commissioner Hart moved to appoint Scott Tyler for the term October 1, 1999 to
September 30, 2002. The motion was duly seconded and carried unanimously.
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ITEM #38 - Other Pondlna Matto(Q - Nann.
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ITEM #39 - Res. #99-34 - Assessing property owners the costs of having mowed or
cleared owners' lots
.
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The City Attorney presented Resolution #99-34 and read It by title only.
Commissioner Clark moved to pass and adopt Resolution #99-34 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Nays": None.
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
ITEM #40 - First ReadinQ Oi'd.. #6427-99 - Relating to money purchase pension plan;
amending Sec. 2.510.2 of code and amending Sec. 8.9 of plan document to provide for
withdrawal from employee contribution account
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The City Attorney presented Ordinance #6427-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6427-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"NaysH: None.
ITEM #41 - Other Citv Attornev Items - None.
ITEM #42 - Citv Manaaer Verbal ReDorts - None.
ITEM #43 - Other Commission Action
Commissioner HooDer expressed concern the Federal Religious liberty Protection
Act legislation would erode City rights.
Commissioner Hooper offered to lead a committee to address Fire Department
needs. Commissioners to discuss and determine how to proceed at the August 5, 1999
Co'mmisslon Meeting.
Commissioner HooDer expressed concern the Commission was not apprised
adequately of the contracting for services and recommended an ordinance be drafted
requiring Commission approval of contracted services. It was suggested a policy be
developed instead. .The majority requested the City Attorney to draft a policy requiring City
Commission notification regarding contracted services.
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.'.,., ,0 <~', . .' " Mavor Aunast reported a womenfs health forum will be held .at the Harborvieyv
~[}:;::;<~;. Ce~ter' on July 23,: 1999.
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~:::'::::.~:, . " . ITEM '#44 ~. Adjournment
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: '''..,The meeting adjourned at 9:26 p.m.
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