08/05/1999 (2)
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COMMISSION
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City Commission Minutes
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CITY COMMISSION MEETING
CITY OF Cl.EARWATER
August 5, 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
Bob Keller
Bill Horne
Pamela K. Akin
Cynthia E. Goude,au
Patricia O. Sullivan
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 Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To provide continuity for research. items Bre in agenda order although not necessarily
discussed in that order.
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ITEM #3 . Service Awards - None.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Neighborhood Program Update and Mini-Grant Award Recipients
Neighborhood Services M~r,ager Tom f:JIuldano reviewed program accomplishments
including visioning, party packs, Celebrate Clearwater Neighborhoods Day, Weed & Seed
CAN-DO matching grants program, and the creation of a team for District 2. The team has
brainstormed, developed goals, and identified issues. For the grants program, application
workshops were held, neighborhood input was shared with residents, and a selection
committee awarded grants for 8 projects. Mr. Muldano introduced the grant recipients.
b) Recognition of The Clearwater Boxing Team
Clearwater Boxing Team members Chris Rangel, Sean Macintyre, Keith Thurman,
and Coach Ben Getty were recognized for their championship achievements.
National Recreation & Parks Month
David Halliburton was presented a plaque in recognition of his contribution to leisure
activities in Clearwater.
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c) Citation to David Stone for community service
The Mayor presented David Stone with a Certificate of Appreciation.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of July
15, 1999, and the special meeting of August 2, 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 - Citizens to be heard re items not on the Aoenda
Dan Moran serenaded Commissioner Hooper for his birthday.
, Jack Alvord requested protection of Historic Bayview.
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Sonia HauQht said priorities of the new development code fall short of meeting
resident needs.
Jonathan Wade requested funding be continued for the Armory until the new North
Greenwood recreation center is built.
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Alexis Romar. Freda Dixon, Brenda Frazier, and Earlv Sorenson requested continued
funding for the Jasmine Court recreation center.
John Doran said the fire department's need for $39-million over 20 years works out
to $0.05 per resident a day.
Thirtv-one residents requested funding be continued for Ervin's All-American Youth
Club, Inc.
PUBLIC HEARINGS
ITEM #8 - Public Hearino - Approve City's 1999-2000 Consolidated Plan (PLD)
USHUD (U.S. Department of Housing & Urban Development) requires annual
statements from communities receiving entitlement funds, identifying the source and use of
federal money for housing, community, and economic development. The Consolidated Plan
reports how'funds alleviate identified needs. City goals include developing viable
communities, providing safe and affordable housing, and expanding economic opportunities
for residents with very low to moderate incomes. Federal and State funds will be used to
provide low to moderate income families with opportunities for home ownership, job
training, placement services, construction and/or renovation of public facilities, and to fund
programs assisting the homeless, elderly, physically challenged, children, and single parent
households.
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In FY (fiscal year) 1999/00, the City anticipates receiving $1,005,000 from CDBG
(Community Development Block Grant), $459,000 from HOME (Housing Opportunity Made
Equal), and $733,000 from SHIP (State Housing Initiatives Program). Higher State
.revenues increased SHIP funds slightly. CDBG and HOME funding has remained level.
Laws restrict HOME and SHIP funds to housing activities. eDGB funds may be used for
economic development, code enforcement, public services and facilities, relocation,
demolition, and administration in addition to housing activities.
Sub-grantee funding recommendations arB based on NAHAB (Neighborhood &
Affordable Housing Advisory Board) and TRC (Technical Review Committee) evaluations in
accordance with the City Commission approved 1995 Citizen Participation Plan. Approval
process activities included agency visits, formal presentations, and individually rating each
application based on social impacts, agency experience, ability, etc. TRC rankings are
based only on information included in applications. NAHAB members also consider
community needs.
This year, 21 agencies applied for almost $2-million. Applications with the highest
scores 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.
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Commissioner Johnson moved to approve the City of Clearwater's 1999-2000
Consolidated Plan with the funding recommendations attached as Exhibit A to these
minutes. The motion was duly seconded and carried unanimously.
Public Hearina - Second Readina Ordinances
ITEM #9 - Ord. #6393-99 - relating to wastewater collection, deleting Sec. 32.211-32.224
and adopting Industrial Pretreatment Ordinance by reference
The City Attorney presented Ordinance #6393-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6393-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayest!: Johnson, Clark, Hooper, Hart and Aungst.
"Naysn: None.
ITEM #10 - Ord. #6418-99 - Annexation for property located at 1810 Brentwood Dr., Lake' .
Lela Manor 15t Addition, Lot 9 (James & Racine Hall, A99-11)
The City Attorney presented Ordinance #6418-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6418-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #11 - Ord. #6419-99 - LOR Zoning for property located at 1810 Brentwood Dr., Lake
. Lela Manor 1 st Addition, Lot 9 (James & Racine Hall, A99-11)
The City Attorney presented Ordinance #6419-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6419-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
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"Nays": None.
ITEM #12 - Ord. #6420-99 - Annexation for property located at 2250 & 2260 Nursery Rd.,
SW* Pinellas Groves, part of Lot 11 (Larry & Gladys Hilkert, A99-10) ,
The City Attorney presented Ordinance #6420-99 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6420-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
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"Nays": None.
ITEM #13 - Ord. #6421-99 - LOR Zoning for property located at 2250 & 2260 Nursery Rd.,
SW % Pinellas Groves, part of Lot 11 (Larry & Gladys Hilkert, A9S-10)
The City Attorney presented Ordinance #6421-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6421-99 on second
and final reading. The motion was duly seconded and upon roll calif the vote was:
"Ayes": Johnsonf Clark, Hooper, Hart and Aungst.
IINays": None.
ITEM #14 - Ord. #6423-99 - Vacating northerly 4' of southerly 10. drainage & utility
easement, Countryside Tract 56, Unit 1 fLat 102 (Cruz I Lucas, V99-0B)
The City Attorney presented Ordinance #6423-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6423-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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tlAyes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #15 - Ord. #6424-99 - Vacating easterly 0.5' of 18' drainage & utility easement lying
west of Lots 1 & 2, Map of Belleair, Blk,25 (Denker, VSS-OS)
The City Attorney presented Ordinance #6424-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6424-99 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.
ITEM #16 - 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, V99~1 0)
The City Attorney presented Ordinance #6425-S9 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6425-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #17 ~ Oi-d. #6426-99 - Vacating 20' r-Q-W of Grove Street, lying east of Myrtle
Avenue & west of North Prospect Avenue, subject to retaining the full 20' as a sidewalk,
drainage & utility easement (Arnold, V99-06)
The City Attorney presented Ordinance #6426-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6426-99 on second
and final reading. The motion was duly seconded
One resident spoke against the vacation. The City Manager said the nearby
property owner who had expressed opposition had withdrawn the objection.
Upon roll call, the vote was:
"Ayes": Johnson, Clark and Hart.
t1Naystt: Hooper and Aungst.
Motion carried.
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, ITEM #18 - 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
employee contribution account
The City Attorney presented Ordinance #6427-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6427-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
I1Nayslt: None.
ITEM #19 - Ord. #6436-99 - Appointing a board of commissioners to the Enterprise Zone
Development Agency
Commissioner Hooper moved to amend Ordinance #6435-99 on page 1, Section 1,
to revise the name of the individual at No.6, local Private Industry Council, from Donald
Rutledge to Denise Jefferson. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6435-99 as amended for second reading
and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance
#6435-99 as amended on second and final reading. The motion was duly seconded and
upon roll call, the vote was:
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"Ayeslt: Johnson, Clark, Hooper, Hart and Aungst.
tlNaysn: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-30) - approved as submitted.
ITEM #20 - Approval of Purchases & Declaration of Surplus oer 07/14/99 memorandum:
Gator Ford Truck Sales, one 2000 Ford F-650 cab and chassis with flat bed body, 500
gallon tank, air compressor & miscellaneous other equipment (previously approved
additional requirement), $49,578.10; funding to be provided under City's Master Lease-
Purchase Agreement (GSS)
RWG Farm Trailer Sales, one 1999 50 ton Wallace Lowboy trailer, Model DLBT-50-3
(replacement), $34,483; funding to be provided under City's Master lease-Purchase
Agreement (GSS)
Lawn and Landscape Service, 2nd & Final renewal option, lawn and landscape maintenance
of parks, medians & common areas in north Clearwater, Countryside and south Clearwater,
08/06/99-07/31/00, estimated $65,000 (QOL)
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u.s. Filter / Davis Inc., 2nd & Final renewal option, double detector 'check valves,
08/15/99-08/31/00, estimated $62,000 (PW)
Mclain Southland Equipment, two 1999 Mack MR688S front loader garbage trucks
(replacement), $286,636; funding to be provided under City's Master lease-Purchase
Agreement (GSS)
General Chemical, extension, aluminum sulfate, 1 % 1/99-09/30/00, estimated $100,000
(PW)
Declare surplus to CIty needs and authorize disposal through Tampa Machinery Auction,
vehicles and equipment
ITEM #21 - Joint proiect Agreement with Pine lias Countv to relocate natural gas mains
during County improvement project of Keene Road, Sunset Point Road to Virginia Street,
estimated $20,000 (GAS)
ITEM #22 - Joint Proieet Agreement with Pinellas Countv for utility installation by roadway
contractor during construction of Keene Road, from Sunset Point Road to Virginia Street,
estimated $377,777 (PW)
ITEM #23 - Contract for Windward Passaae Seawall ReDairs to Inter-Bay Marine
Construction Company, for $82,193.10 (PWI
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~=> ITEM #24 - Contract for Northwood Area Traffic CalminCl - Phase 2 to Purvis Curb Corp.,
for $185,110.20 (PW)
ITEM #25 - Contract to purchase real orooertv located at 1003 & 1005 Marshall Street,
and 1002 Grant Street, Norwood 1 st Addition, Blk B, lots 6-8, for $54,000 and waive
$3,533.11 in building demolition fees of existing owner, Esther Hunt (PLD)
ITEM #26 - AQreement for orofessional services with National Development Council for
housing & economic development services through 09/30/00, $47,250 (PlD)
ITEM #27 - Sanitarv Easement to construct, install, maintain and inspect sanitary lines on
portion of Wellington Apartments property (TWC Ninety-Four, Ltd.HCA)
ITEM #28 - Authorize settlement of claim by Dr. Carlos and Angela Berry for subsurface
contamination caused by fuel oil spill (CA)
ITEM #29 - Authorize settlement of claim - Timm v. City re accident with City vehicle (CA)
ITEM #30 - Januarv 2000 Commission MeetinCl Schedule. Cancel 01/06/00 Commission
meeting and associated 01/03/00 Work Session (eLK)
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Commissioner Clark 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 7:39 to 7:56 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #31 - Uodate reaardina Beach Entrvwav (Roundabout) Proiect (eM)
Public Works Administrator Rich Baier said the project is ahead of schedule. A
change order will be presented next week. Causeway drivers arB alerted to beach traffic
. delays. Changes to traffic patterns will reduce congestion. When completed, lane widths
west of the small bridge will be 10 feet and 15 feet through the roundabout.
ITEM #32 - First Readina Ord. #6417-99 - Amendments to various sections of the
Community Development Code (PLD)
This ordinance identifies issues in the Community Development Code which cause
administrative problems or deter redevelopment efforts. A comprehensive review of the
Code will be presented in the fall.
On June 15, 1999, the COB (Community Development Board) reviewed the
ordinance and recommended: 1) delete Section 1 - establishes new Transitional Rule for
properties affected by Eminent Domain; 2) add Comprehensive In-fill Redevelopment
District to Institutional District; and 3) adopt language in Sections 12 & 13 - allow City to
mitigate accumulation of weeds and trash as a public nuisance. Staff included the board's
second and third recommendation in the ordinance being presented. According to
Assistant General Counsel for FOOT (Florida Department of Transportation) District 7
Richard Vickers, FOOT supports the Transitional Rule as proposed.
One resident said occupational licenses, which require CDS approval, are too
expensive.
Commissioner Hooper moved to approve amendments to various sections of the
Community Development Code. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6417-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6417-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, CI~rk, Hooper, Hart and Aungst.
"Nayst!: None.
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c ITEM #33 - First Readin!:! Ord. #6428~99 ~ Relating to enclosures for swimming pools, spas,
and hot tubs located on residentially zoned property; creating Sec. 47.191 (PLD)
The City Commission had directed staff to prepare an ordinance requiring enclosures
for residential swimming pools, spas, and hot tubs.
In response to a concern, Building Official Kevin Garriott said the ordinance proposes
to enclose pools, not yards. Concern was expressed a birdcage does not provide adequate
security. It was recommended the ordinance eliminate pool access by neighborhood youth.
Public input was deemed necessary. .The need to prevent drownings in existing pools was
noted.
Two citizens spoke in support of requiring child protection fencing.
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Item #33 was pulled.
ITEM #34 - Authorize Fire Deoartment to oroceed with writinQ'so8cifications and seeking
bids to replace one 1980 ;';,One Simon snorkel, to be delivered on or after 10101/2000 (FD)
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Clearwater Fire and Rescue operate aerial equipment: 1) 1985 Sutphen ~ maximum
height capability - 85 feet and 2) 1980 E~One Simon snorkel, maximum height capability ~
103 feet. Staff recommends replacing the E~One Simon snorkel. Based on an extensive
maintenance history, the 19-year old unit has reached the end of its life. Failure to
maintain 2 aerial apparatus will damage the City's ISO rating and cause residential
insurance rates to increase.
A replacement will cost between $0.75-mlllion and $1-million. The lease/purchase
program will pay for the unit over 5 years, beginning 11t quarter, FY 2001. This purchase
is listed in the FY 2000/02 CIP. Due to a lengthy manufacturing time, the process needs
to be underway soon to insure an October 1, 2000, delivery date.
Fire Chief Rowland Herald stated the equipment being replaced is actually a 1979
model. He relayed the history of repairs to the equipment.
Commissioner Johnson moved to authorize the Fire Department to proceed with
writing specifications and seeking bids to replace the 1980 E-One Simon snorkel, to be
delivered on or after October 1, 2000, and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM #35 ~ Fire Task Force (FD)
Fire Chief Rowland Herald recommended a Fire Task Force be selected to meet for a
limited time with an identified mission. Discussion ensued regarding the makeup of the
Task Force. It was requested meetings also be scheduled to gather public input. The Fire
Task Force1s composition, membership, and mission will be finalized on August 19, 1999.
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Four residents requested fire rescue units be stationed on Sand Key due to lengthy
response times.
In response to a question, Chief Herald estimated overtime costs and discussed
logistical issues associated with increasing services. It was recommended a rescue unit be
stationed on Sand Key until the roundabout construction project is complete. It was
estimated associated costs could top $150,000 by October 1, 1999.
Commissioner Hooper moved to direct the City Manager and Fire Chief to take
whatever action necessary to staff an emergency fire response unit on Sand Key. The
motion was duly seconded and carried unanimously.
ITEM #36 ,;, Beautification Committee - 3 appointments (eLK)
Commissioner Hooper moved to reappoint Marcia Blakemore. The motion was duly
seconded and carried unanimously.
Two appointments were continued.
ITEM #37 - Environmental Advisorv Board H 2 appointments (CLK)
Commissioner Johnson moved to reappoint Alan Smith. The motion was duly
seconded and carried unanimously.
Commissioner Clark moved to appoint Freda Drake. The motion was duly seconded
and carried unanimously.
ITEM #38 - Communitv Relations Board - 2 appointments (CLK)
Commissioner Hooper moved to appoint Paul Hartigan to the Retail Merchandising
Management category. The motion was duly seconded and carried unanimously.
In response to a question, City Clerk Cyndie Goudeau said the Human Relations
Department is reviewing an ordinance to amend the number of members and loosen
category restrictions.
Commissioner Clark moved to delay appointment to the At-Large category. The
motion was duly seconded and carried unanimously.
ITEM #39 - Other Pendina Matters - None.
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CITY A TIORNEY REPORTS
ITEM #40 - First Readlno Ord. #6437-99 - Relating to Public Beaches; amending Sec.
22.21 to amend definition of "safe Bathing LimitU and to include definitions of t'Public
Beach" and tlSand Key Public Beach"; amending various other sections in Ch. 22
The City Attorney reviewed changes to photography restrictions as requested by the
City Commission. Assistant City Attorney Rob Surette stated the proposed changes will
aUow the City to enforce beach rules on Sand Key.
Three residents spoke in support of the ordinance. Trash cans on Sand Key were
requested. In response to a question, the City Attorney said pets will be prohibited from all
public beaches.
Commissioner Johnson moved to amend the Code to identify Sand Key as a public
beach. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6437-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6437-99 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 #41 - First ReadinQ Ord. #6438-99 - Relating to fines for illegally parking in a parking
space designated for persons who have disabilities; amending Sec. 30.061 (7) to increase
the penalty for violation of disabled permit only parking
Commissioner Hart moved to approve increasing the fine for illegally parking in a
space designated for persons with disabilities. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6438-99 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6438-99 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 #42 - Other Citv Attornev Items - None.
ITEM #43 - Citv ManaQer Verbal Reoorts - None.
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ITEM #44 - Commission Discussion Items
. , 8) 'Set date for review of Policies &' Rules of Procedure
Date to be scheduled on August 16, 1999.
; ITEM #45 - Other Commission Action
Mavor Auncst requested the Commission review a proposed consultant policy draft
for future discussion. .
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Commission members expressed concern regarding reports in today's newspaper
and the continuing need to defend City management. The developing pattern of practices
that reflect a lack of judgement and fiduciary responsibility was denounced. More
accountability, adherence to policy, and a more active role in staff oversight were
. demanded. A review of City policies and benefit packages was requested. The
Commission continues to support the City Manager and staff.
Commissioner HooDer requested support at the next MPO (Metropolitan Planning
Organization) meeting regarding installation of a traffic signal for a school crosswalk on
McMullen-Booth Road at Union Street and funding for pedestrian bridge #43.
Commissioner HooDer reviewed Commission opposition to Religious Liberty
Protection Act legislation.
, ITEM #46 - Adiournment
The meeting adjourned at 9:57 p.m.
ATTEST:
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