09/02/1999 (2)
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City Commission Minutes
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Present:
Brian J. Aungst
Ed Hooper
J. B. Johnson.
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Robert Clark
Ed Hart
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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CITY COMMISSION MEETING
CITY OF CLEARWATER
September 2, 1999
. Also present: Michael J. Roberto
Bill Horne
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
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 Deacon Albert Tibbetts of St. Cecelia's Catholic 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 - None.
()
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
oJ Representatives Morroni - Legislative Report
State Representative John Morroni referred to his summary of legislature issues
addressed this year. He invited the Commission to attend his annual dinner honoring law
enforcement and firefighters. He said he has enjoyed serving Clearwater. The Mayor
invited him to attend Military Appreciation Day on November 6, 1999.
The Mayor presented him with an award for providing positive representation.
b) Presentation of check for FRDAP (Florida Recreation Development Assistance Program)
grant for Morningside Pool project - Representative Morroni
Representative Morroni presented the $100,000 FRDAP check, representing
matching funds towards the refurbishment of Morningside Pool.
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c) United Way Kick-off
This year's c8!11paign, extending from August 29 to October 8, 1999, has a
$100,000 goal. Campaign plans were reviewed.
Acacia Street Roundabout
Chris Bartholomew reported the Clearwater Beach Association had forwarded a
check to be used towards the cost of the Acacia Street Roundabout and entryway feature
to north beach.
ITEM #6 - Aporoval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
. August 19, 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 ra items not on the AQenda
Earlv Sorenson and Jack Alvord opposed proposed development of the Connolly
property and the process which permits developers to keep proposals pending indefinitely.
. Thomas Nocera opposed State legislation permitting the forced annexation of
enclaves.
Sonia Hauqht said the City Code should advocate the needs of citizens over
redevelopment.
Duke Tieman invited the Commission to South Greenwood for the September 25,
1999, anti drug march, the October 23, 1999, fundraiser and November 17, 1999,
Thanksgiving dinner.
Sheila Cole announced this year's Jazz Holiday will be expanded with a segment to
be held on the beach. She said volunteers are needed.
Dave Wells requested the City contribute to renovations at Clearwater High School.
PUBLIC HEARINGS
ITEM #8 - Public Hearina - Res. #99-35 - amending Community Redevelopment Plan for the
Community Redevelopment Area located in Downtown Area of the City (PLD)
The CRA (Community Redevelopment Agency) adopted the Downtown
Redevelopment Plan on August 17, 1995, and amended it in October 1998. Modifications
are proposed for 2 parcels on the north side of Park Street between Myrtle and South
Greenwood Avenues and parcels from Myrtle to South Greenwood Avenue between Park
and Chestnut Streets. Proposed modifications include: 1) amend land use of 2 parcels
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north of Park Street from Medium/High Density Residential to Commercial/Office/
Residential; 2) amend land use ot the area of the proposed pond from Open Space
Recreation to Commercial/Office/Residential; and 3) amend land use designation of parcels
west of South Greenwood and the block northeast of the intersection of Myrtle Avenue
and Chestnut Street from Medium/High Density Residential to Commercial/Office/
Residential.
The proposed downtown pond will be reconfigured consistent with future prlvate
redevelopment initiatives within the subject area. Plan modification will encourage mixed-
use development and flexibility to meet long range redevelopment plans. The COB
(Community Development Board) and CRA (Community Redevelopment Agency)
. unanimously recommended approval. The Board of County Commissioners will review the
proposed amendment on September 14, 1999.
Commissioner Hooper moved to amend the Downtown Redevelopment Plan of the
Community Redevelopment Agency. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #99-35 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-35 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
UAyesll: Johnson, Clark, Hooper, Hart and Aungst;
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #9 - Ord. #6429-99 - Annexation for property located at 2892 Union St., Sec. 32-28-
1 6, M&B 43.06 (Larry & Marcella Wing (A99w 11 )
Commissioner Clark moved to amend Ordinance #6429-99 to substitute the map
with a revised map that more accurately reflects the abutting right-at-way to be annexed.
The motion was duly seconded and carried unanimously.
. The City Attorney presented Ordinance #6429-99, as amended, for second reading
and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance
#6429-99, as amended, 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.
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ITEM #10 - Ord. #6430-99 - Land Use Plan Amendment to Residential Suburban for
.property, located at 2892 Union St., Sec. 32-28-16, M&B 43.06 (Larry & Marcella Wing
(A99-11 )
. Commissioner Clark moved to amend Ordinance #6430-99 to substitute the map
with a revised map that more accurately reflects the abutting right-of-way to be annexed.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6430-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6430-99, as
amended, 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 #11 - Ord. #6431-99 - LDR Zoning for property located at 2892 Union St., Sec. 32-
28-16, M&B 43.06 (Larry & Marcella Wing (A99-11)
Commissioner Clark moved to amend Ordinance #6431-99 to substitute the map
. with a revised map that more accurate'ly reflects the abutting right-of-way to be annexed.
The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance #6431-99 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6431-99, as
amended, 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 #12 - Ord. #6432-99 - Annexation for property located at 2854 Saint John Dr.,
. Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)
The City Attorney presented Ordinance #6432-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6432-99 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
UAyes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
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ITEM # 1 3 - Ord. #6433-99 - Land Use Plan Amendment to Residential Urban for property
located at 2854 Saint John Dr., Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell &
Sydney Jacobs (A99-1 2)
The City Attorney presented Ordinance #6433-99 for second reading and read it by
. title only. Commissioner Hart moved to pass and adopt Ordinance #6433-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayestt: Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #14 - Ord. #6434-99 - LMOR Zoning for property located at 2854 Saint John Dr.,
Virginia Groves Terrace 5th Add., Blk C, Lot 13 (Russell & Sydney Jacobs (A99-12)
The City Attorney presented Ordinance #6434-99 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6434-99 .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.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 15-23) - approved as submitted.
ITEM #15 - Aooroval of Purchases oer 08/13/99 memorandum:
Florida Irrigation Supply, 1 st of 2 renewal options, irrigation system parts & supplies,
09/03/99-09/30100, estimated $40,000 (QOL)
Simon and Schuster Inc., library books & publications, 09/03/99-09/30/00, estimated
$29,000 (QOl)
The Booksource, library books & publications, 09/03/99-09/30100/ estimated $35,000
(QOl) .
Distribution Video and Audio, library materials, 09/03/99-09/30100, estimated $29,000
(QOL)
Book Wholesalers Inc., library books & publications, 09/03/99-09/30/00, estimated
$81,000 (QOl)
Ebsco Subscription Services, extension, library subscription services, 10/01/99-09/30100,
estimated $93,000 (QOl)
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Ingram Library Services, library books & publications, 09/03/99-09/30/00, estimated
$256,000 {QOl}
Gaylord Bras, hardware maintenance & software license and maintenance for computer
equipment used at the Library, 10/01/99-09/30100, $70,000 IGOl}
Superior Auto Centers, tires, 09/06/99-03/14/00, estimated $85,000 (GSS)
Martin's Uniform, 1 st of 2 extension options, uniforms &. miscellaneous equipment for
Police personnel, 10101/99-09/30/00, estimated $90,000 (PO)
Xerox Corporation, extension, satellite copy machines, service & related supplies (except
paper), 10101/99-09/30100, estimated $80,000 (IT)
Micro Image, Inc., micrographic services, 10101/99-09/30/04, estimated $ 175,000 (elK)
Hewlett-Packard Company, maintenance of hardware, software & network, 10101/99-
09/30100, $29,232 (IT)
Noland Company, extension, gas materials - galvanized pipe & fittings, 10/01/99-09/30100,
estimated $83,000 (GAS)
Tempaco of Plnellas, miscellaneous gas repair &. installation parts, 09/03/99-09/30/00,
estimated $192,000 (GASJ - SEE 10/7/99 minutes. #12
Castle Supply, miscellaneous gas repair & installation parts, 09/03/99-09/30100, estimated
$181,000 (GAS) - SEE 10/7/99 minutes. # 1 2
ITEM #16 - Aporove contract with IMR Global, Inc.. to sell surplus real propertv, 1158-
1164 Gould Street, Revised Map of R. H. Padgett's Sub., Blk 4 (a/k/a subdivided lot 5),
Lots 9-11, for $47,600 subject to terms and conditions, pay transaction closing expenses
estimated at $450, providing approx. net sale proceeds of $47,050 (ED)
ITEM #17 - Approve payment in amount not to exceed $65.000 to Florida Department of
Revenue for assessment of Sales and Use Tax and Local Government Infrastructure Surtax
and interest (FN) ,
ITEM #18 - Approve Durchase of property, casualty, liability, workers' compensation,
Emergency Medical Services, fuel tank, and flood insurance coverage for Fiscal Year 1999-
2000 in an amount not to exceed $750,000 (FN)
ITEM #19 - Aoorove acceptance of one-year grant fundiO!:J in the amount $36.121 from
State of Florida, Office of the Attorney General, 1 999-2000 Victims of Crime Act (VOCA)
Grant Program (PO)
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ITEM #20 ~ Award ourchase order to Insituform Southeast. Inc., in amount not to exceed
$203,000 for sanitary sewer lining at various segments along Gulf Blvd./SR 183-A, from
southern city limits to Clearwater Pass (PW)
ITEM #21 - Ratifv/Confirm contract to Tamea Bav EnQlneerina for emergency repair &
retrofit of Solid Waste Fueling Facility, $90,712 (PW)
ITEM #22 - Authorize payment of arant money. in the amount $56,540.25, awarded from
the State of Florida, to Mr. & Mrs. Rophie for raising their residence, located at 450
Southeast Palm Island, above the base flood elevation (PlD)
ITEM #23 - Reaoeoint Candace Gardner as City of Clearwater representative to Long
Center Board of Trustees (ClK)
Commissioner Johnson 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.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #24 - Uodate reaardina Beach Entrvwav (Roundabout) Proiect (CM)
Public Works Administrator Rich Baier said the project is on time and on budget.
Work will be done 7 days a week until completion. Staff has worked with Marina tenants
regarding plans to widen the sidewalk along Coronado. Work will begin next week on a
pedestrian underpass beneath Bridge #43. Concern was expressed directional signs are
needed to reduce driver confusion.
ITEM #25 - Res. #99-42 - supporting South Clearwater Citizens for Progressive Action in
their front porch application (PlD)
In 1999, the Legislature approved establishment of the Front Porch Florida Initiative
to assist the revitalization efforts of urban communities. Three Front Porch Communities,
to be named in 1999, will receive State assistance in developing an action plan to improve
their communities. The Florida Office of Urban Opportunity developed criteria, which
require applicants to be community based not-far-profit organizations or coalition of such
organizations. The City1s role is to support applicants during the review process and action
plan development. Staff is working with the South Clearwater Citizens for Progressive
Action to prepare the application.
Commissioner Johnson moved to support the South Clearwater Citizens for
Progressive Action in their application to the State of Florida for the Front Porch Florida
Initiatlv~. The motion was duly seconded and carried unanimously.
In response to a question, Duke Tieman said the South Clearwater Citizens for
Progressive Action is not a 501 (c)3 organization. He sai(~ the program does not mandate
that designation.
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~ The City Attorney presented Resolution #99-42 and read it by title only.
Commissioner Hart moved to pass and adopt Resolution #99-42 and authorize the
appropriate officials to execute same. 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 #26. Res. '#99-36 - Establishing City's Intent to be reimbursed from proceeds of a
tax-exempt financing; extend agreement with GE Capital Public Finance, Inc., for additional
one year to provide a $5,026,000 line of credit for Fiscal 2000; and authorize all
uncompleted equipment acquisitions previously approved for financing under current
contract with GE Capital to be financed under extension of this agreement (FN)
The City solicited proposals to finance lease purchase installment sales for FY (fiscal
year) 1995/96. GE Capital Public Finance, Inc., bid a rate of 87.5% of the weekly average
5-year ,Treasury Note as published by the Federal Reserve Board. The recent 5-year
Treasury average weekly rate was 5.79%, resulting in a current borrowing rate of 5.066%.
Staff has contacted other lease purchasing providers who indicated the current rate
is excellent. GE Capital has been flexible and worked with staff. The contract allows one-
year extensions with the mutual consent of both parties. GE wishes to renew the contract
for one year. Approval does not represent a commitment to borrow. The City Commission
must approve all lease purchases.
Commissioner Clark moved to approve the City's intention to be reimbursed from
the proceeds of tax-exempt financing and to extend the contract with GE Capital Finance,
Inc., for an additional one year to provide a $5,026,000 Une of credit for FY 2000 and
authorize all uncompleted equipment acquisitions previously approved for financing under
the current contract with GE Capital Public Financing, Inc., to be financed under the
extension of this agreement, and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #99-36 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #99-36 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
IINays": None.
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ITEM #27 - First ReadinQ Ord. #6446.99 - repealing. anti-discrimination compliance program
provisions of the City Code (HM)
Pinellas County has agreed verbally to acquire the City1s compliance programl which
enforces certain local and federal anti-discrimination laws. Facilitating this transfer requires
the Code be amended. The City will retain Community Relations programs and efforts.
Continuing department services will investigate internal City compliance issues and
promote and affirm the City's commitment to employment diversity. The Community
Relations Board met to discuss impacts of these changes on August 31, 1999.
It was noted the City will retain staff to address discrimination.
Commissioner Johnson moved to amend the City of Clearwater Code relating to
Community Relations. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6446-99 for first reading and read it by
title only. Commissioner 'Clark moved to pass Ordinance #6446-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayesll: Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #28 - Approve HiQhwav Landscape Maintenance Memorandum of AQreement; adopt
Res. #99-37 authorizing execution of the agreement with FDOT for beautification of Court
Street to be performed by City (PW)
Revitalizing Court Street is part of the One City. One Future. blueprint. FOOT
(Florida Department of Transportation) requires a Memorandum of Agreement to allow
landscaping within the rights-at-way of State roads. Funding for installation, estimated to
cost $240,000, is available in the Gulf-to.Say Boulevard Corridor Beautification project.
Annual maintenance costs are estimated at $100,000.
Staff was requested to actively seek businesses to adopt the mediums before
landscaping is installed to reduce City maintenance costs.
Commissioner Hooper moved to authorize execution ot a Highway Landscape
Maintenance Memorandum of Agreement with the Florida Department of Transportation
allowing aesthetic improvements to Court Street by the City, and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #99.37 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-37 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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nAyes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None. .
ITEM #29 ~ First Rendina Ord. #6443-99 - Relating to Building Code Regulations; amending
Sec. 47.051 by replacing 1993 National Electrical Code with adoption of 1999 National
Electrical Code (PLD)
Florida State Statues 553.19 and 553.73 require the City to pass the latest edition
of the National Electrical Code as recommended by the PCClS (Pinellas County
Construction Licensing Board). On March 16, 1999, the PCCl8 approved the 1999
edition, with amendments.
Commissioner Hart moved to adopt the 1999 edition of the National Electrical Code,
as amended. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6443-99 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6443-99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
. 0 ITEM #30 - Clearwater HousinQ Authoritv - 1 appointment (eLK)
The Mayor announced the reappointment of Terry Byrd.
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Commissioner Clark moved to confirm the reappointment of Terry Byrd. The motion
was duly seconded and carried unanimously.
ITEM #31 - Fire Task Force (elK)
The Commission has directed the establishment of a Fire Task Force. The scope of
the Task Force's mission is to identify a funding solution for the Fire Department's 5-year
Master Plan. FTF (Fire Task Force) will meet biweekly, or more often if necessary, from
September to December 17, 1999. FTF will consider Fire Department education,
orientation, and the Master Plan, consider labor's perspective on Fire Services operations
and programs, validate Fire Service needs, discuss funding possibilities, and recommend
funding solutions. FTF will present their findings to the CIty Commission in early 2000 by
addressing affirmation of the 5-year Master Plan and recommending funding solutions and
changes to Fire Service programs. Meetings will be conducted in accordance with the rules
and regulations governing public meetings. The City Commission will reach a decision
regarding this issue in February 2000.
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Consensus was for the Fire Task Force to have 11 voting members to include 9
citizen representatives, a Fire Administration representative, and an IAFF representative.
There will be a non-voting Chair.
The City Manager reported Jonathan Wade can serve only if meetings are held in
the evening. Discussion ensued with Commissioners recommending citizens for
membership. It was suggested the Commission choose btltween Bill Schwob and Doug
Williams.
Commissioner Johnson moved to appoint Bill Schwob. The motion was duly
seconded. Commissioners Johnson, Clark, and Hart voted "Aye"; Commissioner Hooper
and Mayor Aungst voted "Nay." Motion carried.
Discussion ensued with names being added and deleted from consideration.
Commissioner Johnson moved to confirm the Fire Task Force Mission and to appoint
Fran Briskman, Bill Schwab, Russ Kimball, Joe Calio, Duke Tieman, George Kraus, Joe
Evich, Scott Nail, Reverend Sherman, Rowland Herald, and John Lee. The motion was duly
seconded and carried unanimously.
Consensus was for Jean Stuart and Doug Williams to serve as alternates and Bill
Horne to serve as non-voting Chair.
Four citizens spoke in favor of expanding Fire Services to Sand Key, expressing
concern 2-person rescue teams will not meet the need.
The City Manager said the expanded coverage represents a reasonable compromise.
He reviewed recent upgrades to equipment and the approval of additional positions. Fire
Chief Rowland Herald said the rescue teams can handle 85 % of all calls for service on
Sand Key. With the Downtown Station receiving 12 times more calls than Sand Key, it is
necessary to balance the use of limited resources.
In response to a question, the Fire Chief said personnel assigned to Sand Key are
budgeted on an overtime basis through mid-October when new hires will be in place. He
noted Sand Key Fire Services could be dispatched outside the City as part of a mutual aid
system. It was recommended the Task Force address additional needs on Sand Key.
ITEM #32 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
ITEM #33 - Res. 99-39 - Releasing City's right to repurchase Ronald P. Nisk property in
Clearwater Industrial Park
In her August 20, 1999, memorandum, the City Attorney reviewed the proposed
resolution to release rights the City may have to repurchase Clearwater Industrial Park
property owned by Ronald P. Nisk. The City's December 22, 1978, sale of the property to
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Ronald P. Nisk was covered by Protected Covenants applicable to all Clearwater Industrial
Park property. Under one covenant, the City can repurchase property not developed for
industrial purposes. Mr. Nisk's property is developed and used as an industrial warehouse.
Mr. Nisk requests the City to formally release its right to repurchase his property, with all
other Protective Covenants remaining in full force and effect.
The City Attorney presented Resolution #99~39 and read It by title only.
Commissioner Johnson moved to pass and adopt Resolution #99M39 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes1t: Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #34 ~ Other City Attorney Items. None.
ITEM #35 ~ City Manaaer Verbal Recorts
The City Manager reported community meetings, scheduled September 7 and
September 15, 1999, relate to Drew Street and the one scheduled September 21, 1999,
relates to north Clearwater beach drainage issues.
ITEM #36 ~ Other Commission Action
Commissioner Johnson requested staff resolve problems at Clearwater Airpark.
Commissioner Hoocer expressed concern the lee House continues to be an eyesore.
Commissioner Clark wished all a safe enjoyable labor Day weekend.
Commissioner Johnson expressed concern property at the Hercules/Rainbow
intersection remains unkempt.
Mayor Aunast congratulated staff for State recognition for being on schedule for
compliance regarding the Y2K issue.
ITEM #37 M Adiournment
The meeting adjourned at 7:34 p.m.
ATTEST:
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