02/21/2002 (2)
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, CITY COMMISSION MEETING
CITY OF CLEARWATER
February 21,2002
Present:
Brian J. Au ngst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Also present: William B. Horne 1\
Garry Brumback I
Ralph S~one
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. 'Sullivan
Mayor IComm issi oner
Vi ce- Mayor IComm i s s ion er
Commissioner
Commissioner
Commissioner
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 Rusty Belcher, First United Methodist 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 - Introduction and Awards
a) Service Award
One service,award was presented to a City employee.
b) Proclamation:
Library Appreciation Month - February 2002
ITEM #4 - Presentations
a) Clearwater Community Sailing Center SaiJability ,501 (c)3 Program was awarded
"Outstanding New Program" for year by the Community Sailing Counsel of U.S. Sailing.
The Clearwater Community Sailing Center was presented a plaque in recognition of
the "Outstan~ing New Program" award'from the community Sailing Counsel of U.S. Sailing
for i'ts Sail ability Program, which provides sailing opportunities to those with physical
disabilities.
b) Dan & Nadine Carlisle will present a $10,000 mock check for the Clearwater
Community Sailing As~ociation.
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Dan and Nadine Carlisle presented a $10,000 mock check, representing their
donation to the Clearwater Community Sailing Center for the Clearwater Community
Sailing Association. Mr. and Ms. Carlisle were thanked for their generosity and many
, contributions to the community.
c) Florida Huddle Update
Greater Clearwater Chamber of Commerce representative Mike Meidel reported over
the January 22, 2002 weekend, Pinellas County had hosted its first conference for travel
writers and tourism service purchasers. Chamber members entertained many participants
in Clearwater and provided them with opportunities to experience local activities following
the conference. He thanked the City Commission for their participation and presented a
framed Clearwater poster to the City and goody bags to Commissioners.
d) Award from Coalition of Clearwater Homeowners Association
C~alition of Clearwater Homeowners Association Co-Presidents Sandy Curry and
Lucille Casey presented Assistant City Engineer Tom Miller, who is resigning for a position
in Georgia, a plaque for outstanding service to the City and its neighborhoods. Mr. Miller
thanked the association and City for opportunities afforded him.
ITEM #5 - Approval of Minutes
Commissioner Hamilton moved to approve the minutes of the regular meeting of
February 7, 2002, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously. ,
ITEM #6 - Citizens to be heard ra items not on the Agenda - None.
PUBLIC HEARINGS
ITEM #7 - Public HearinQ & First Reading Ord #6936-02 - vacate the 15-foot sanitary
sewer easement lying over the 15-foot vacated alley which lies within Block 3, "Plot of the
Wallace Addition to Clearwater'-' as recorded in Plat Book 3, Page 6 of Official Records of
Hillsborough County, Florida of which Pinellas County was formerly a part (AKA 601-639
South Fort Harrison Avenue) (V2002-01 White/Publix). PW
The proposed vacation is associated with the redevelopment of the subject property
into a Publix retail center and bank. A City s'ewer line is in the easement. The applicant
will bear all costs related to removal and relocation of the sewer line. No other utilities are
located or permitted within the existing easement. Public Works Administration has no
objections to the vacation request. '
Commissioner Hart moved to approve the applicant's request to vacate the 1 5~foot
sanitary sewer easement lying over the 1 5-foot 'vacated alley which lies within Block 3,
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"'Plot of the Wallace Addition to Clearwater,"as recorded in Plat Book 3, Page 6 of Official
Records of HiJlsborough County, Florida of which Pinellas County was formerly a parti
(AKA 601 ~639 South Fort Harrison Avenue). The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6936-02 for first reading and read it by
tltle,only. Commissioner Hamilton moved to pass Ordinance #6936-02 on first reading.
The motion was duly seconded and upon roll call~ the vote was:
U Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nayslt: None.
,ITEM #8 - Public Hearing & First Reading Ord #6928-02 approve text amendments to the
Community De"elopment Code. PLD
Planning Department staff is charged with reviewing the Community Development
Code annually to determine if additions, deletions, or revisions are needed to improve the
Code's administration or imposed regulations. Staff has conducted its review and
comprehensive amendments are being proposed. A list of proposed amendments was
presented at the January 7, 2002 Work Session when the Commission provided direction
regarding issues related to the transfer of development rights, vending machine signage
and ,concentration, and tree replacement requirements. ' The Commission also directed staff
not to include certain proposed amendments.
Planning Director Cyndi Tarapani reviewed the Code amendment process, which'
included 8 public meetings, and proposed changes. Based on the Work Session
discussion, staff will do additional research regarding the proposed size of. attached
signage permitted under a comprehensive sign application and bring back recommended
Code amendments in April. Prc."posed amendments also address boats within extended
property lines and clarifying that appeals to Hearing Officers are based on the record. Staff
may present additional amendments to the Commission later this year.
Staff has discussed proposed. language related to the transfer of development rights
\vith the PPC (Pinellas Planning Council) for consistency with ppe rules. The COB
(Community Development Board) held a public hearing regarding the Code amendments
and continued the hearinguntil March 19, 2002.
One citizen expressed concerns related to signage and non~conforming properties.
Another citizen expressed concern regarding prohibiting vegetation in rights-af-way r how
to verify a tree to be removed is diseased and transfer of development rights. One citizen
express~d concern regarding on~site portable storage units being allowed to remain for the
duration of an emergency in residentiat areas. One citizen spoke in support of transfer of
development rights language.
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Staff will discuss concerns with any resident who has comments regarding
proposed Code amendments. In response to expressed co'ncerns, Ms. Clayton stated
language related to landscaping in rights.of.way has been amended. Shrubs and
vegetation may not extend over sidewalks. Staff arborists had recommended language to
amend the tree ordinance and will determine if trees are healthy.
Mr. Tarapani stated determining the length of an emergency related to the need for
on.site portable storage units is difficult. She recommended allowing residents short-term
access to per~onal effects during an emergency. In response to a question, she said
dumpsters are permitted in front yards during construction. It was recommended the time
portable units are permitted in front yards during emergencies be limited. Discussion
ensued regarding how to determine a reas'o'nable time limit.
Consensus ,was for staff to ret,urn with appropriate language defining an emergency
and establishing a maximum time portable storage units may be on site.
It was stated 1998 changes to the sign code were significant, burden businosses,
and had been adopted with little public discussion. Support was expressed for the
direction of proposed changes.
It was requested staff forward proposed revisions to Commission members as soon
as they are ready. Staff' is forwarding the proposed transfer of development rights
language to the PPC for a formal response.
Commissioner Hamilton moved to continue Item 118 to April 18, 2002. The motion
was duly seconded and carried unanimously. '
ITEM #9 - Public Hearing & First Reading Ord # 6924-02 ~ Land Use Plan Amendment for
property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1,
Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUP'01-
09-08 PLD
AND
ITEM #10,- Public Hearing & First' Reading Ord # 6925.02 - Rezoning for property at
19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford
Court Subdivision in Section 1 9-29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 PLD
The 4.3-acre vacant rectangular site, with limited frontage on US 19N, is between
Nursery Road and Harn Boulevard. The request will allow the applicant to construct 64
townhouses. Commercial zoning does not permit residential development without a mixed
use. The request is compatible with nearby uses. The property does not lend itself to ,
commercial development duo to its limited frontage and visibility on ,US 19N. The project
will serve as a transition qetween more intensive multi.family uses and commercial uses.
Staff has determined the proposed land use plan amendment and rezoning are consistent
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with the Code. The item must be sent to the DCA (Department of Community Affairs) for
review prior to second reading.
,Representative Tod~ Pressman stated the proposal is a down zoning, and wiHlessen
impacts. In response to a question; Planning Manager Gina Clayton said the Code does not
address down zoning specifically but does encourage a variety of land uses to
accommodate different types of development. In response to a question, Mr. Pressman
said the purchase of additional property is under contract and may .change the
development's access., . Currently, project access is from only US' 19N.
Commissioner Hart moved to approve a land Use Plan Amendment from
Commercial General (CG) Category to Residential Medium (AM) Category, and a Zoning
Atlas Amendment from Commercial (C) Zoning 'District to Medium Density Residential
(MRD) Zoning District for 19034 US 19N at lot 1; Bradford Court Subdivision in Section
19-29S-16E. The motion was duly seconded and carried 'unanimously.
The City Attorney presented Ordinance #6924-02 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6924-02 on first reading.
The motion ,was duly seconded and upon roll call, the vote was:
II Ayes": Hart; Gray, Hamilton, Jonson and Aungst.
UNays": None.
The City Attorney presented Ordinance #6925-02 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6925-02 on first reading. The
motion was duly seconded and upon roll can; the vote was:
"Ayesll: Hart, Gray, Hamilton, Jonson and Aungst.
"Nays II: None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #11- 24) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval
by a single motion. However, any City Commissioner or the City Manager may remove an
item from the Consent Agenda for discussion and individual vote.
ITEM #11 -Approval of Purchases per PurchasinQ Memorandum:
a) Purchase to replace two and one addition three(3) Chevrolet Silverado 3500 cab and
chassis from Maroone Chevrolet f.or $68,698.
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b) Purchase to replace two (2) Chevrolet Silverado 3500 HD cab and chassis with utility
body from Maroone Ch'evrolet for $58,177.)
c) Purchase equipment corrosion control (prep and paint), Gemini, Inc. for $98,000.
d) Purchase contract - April 1 , 2002 through March 31, 2003 - for gas material, steel pipe,
and fittings from M.T. Deason Co., Inc. for $68,000.
e) Purchase to replace two (2) ~ 2002 John Deere tractors from John Deere Company for
$61,357.50.
ITEM 1/ 12 - Adopt City Commission Policy Statement to establish criteria for
Waiver/Reduction of lot Clearing and Nuisance Abatement/Demolition liens.
ITEM 1/13 - Award a contract to Gemini Inc. of Tarpon Springs, Florida for $24,000 to
paint the Parks Beautification Complex (507 Vine Avenue)
ITEM 1/ 14 - Approve a fifteen year lease and a subsequent renewable lease extension for
up to 30 years between Pinellas Community Center, Inc. AKA the long Center and the
City to, lease City land for the operation of a facility for public recreation currently known
as The Long Center, including an annual lease payment by the City>
ITEM 1/ 1 5 - Ratify and confirm the additional'transfer of $43.807.50 to the State of Florida
Department of Transportation (FOOT) for the relocation of existing potable water and
sanitary sewer facilities impacted by FOOT's SR 595 (Alt. US 19/Fort Harrison Ave.)
Roadway Improvement Project.
ITEM 1/16 - Approve Supplemental Work Order # 1 in the amount of $18.000 to Tampa
Bay Engineering, Inc., for additional utility relocation design services being performed in
conjunction with the Florida Department of Transportation's (FOOT) SR 55/US 19N (CSX
RR to south of Enterprise Rd.) Roadway Improvement Project.
ITEM #17 - Award a contract to OMS Environmental, Inc., in the amount of $135,000 for
smoke testing of sanitary sewer lines at various locations throughout the City of
Clearwater, in accordance with Sec. 2.564( 1 )(d), Code of Ordinances, City of Port Orange,
Florida contract.
ITEM #18 ~ Award a contract for legal advice concerning the FOEP consent agreements
with Akerman, Senterfitt & Eidson, P.A. not to exceed the amount of $10,000.
ITEM #19 ~ Approve amendment of the Capital Improvement Program (CIP) to restructure
current storm water utility funding by reducing project budgets by $306,300.92 of
storm water revenue and $6,628,284.45 of FY 1999 revenue bond proceeds for a total
decrease of $6,93~,585.37 and increasing project budgets by $18,135,387 of FY 2002
revenue bond proceeds, $3,100,000 of grant revenue from the Southwest Florida Water
Management District (SWFWMD), $1,500,000 of grant revenue from a Florida Department
of Environment Protection (FDEP) water resource grant aCld $-277,000 of lease purchase
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revenue for a total increase of $23,012,387.00 resulting in a net budget increase of
$16,077,801.63.
ITEM #20 - Approve amendment to the FY 2002 Stormwater Utility Fund annual operating
budget increasing stormwater fee revenue by $1,366,110; adding two FTE positions
(Research Environmentalist and Senior Accountant) at an increase of $ 59,100 including
benefits; upgrading an Environmental Technician position to a Research Environmentalist at
an increase of $1,650 including benefits; upgrading four Public Service, Technician"
positions to Public Service Technician III positions at a total increase of $5,400 including
benefits; increasing debt service by $53,000 for the lease purchase of a Grade-All
excavator, well points and headers, and laptop computers for field operations;' increasing
,internal seryice charges by $28,000 for maintenance of and support for the, excavator and
computers; incre,asing other equipment service by $3,000 for maintenance 'of the well
points and headers; increasing principal transfers to debt service funds by $329,000 and
interest transfers to debt service funds by $634,000 to provide funding for debt service on
the 2002 revenue bonds when issued for a total operating budget expenditure increase of
$1,113,150 and a total net budget revenue increase of $252,960.
ITEM #21 - Special Warranty Deed - Greenwood Apartments
. ITEM #22 - Sidewalk Easement - Kurdi Inc.
ITEM #23 - Appoint Commissioner Jonson to represent the Commission as the Canvassinq
Board for the March 12, 2002, General Election.
ITEM #24 . Authorize the City Attorney to hire Thompson, Sizemore, and Gonzales to
represent the City and James Wood and to obtain additional outside counsel to represent
Donald Brown in the matter of Katherine Palisano v. City of Clearwater, et al. in the total
estimated amount of $60,000.
In reference to Item # 14, Parks & Recreation Director Kevin Dunbar reported the
Legal Department had reviewed the agreement and determined the property had been ,
leased during the facility's construction between 1986 to 1991. As the City Charter
requires consideration of that time, the length of this agreement has been reduced to 15
years. A 30-year renewal is possible at the end of this agreement.
Commissioner Jonson moved to' approve the Consent Agenda as submitted and that
the appropriat'e officials be authorized to execute same. The motion was duly second~d
and carried unanimously.
OTHER ITEMS ON ClTY MANAGER REPORT
ITEM 1125 .. Other Pending Matters - None.
CITY ATTORNEY REPORTS
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Resolutions
ITEM #26 - Res #02-14 Assessing a lien against 1130 Engman Street in the amount of
$4,771 .24 for demolition cost~ without consent of owner.
The City Attorney presented Resolution #02-14 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #02-14 and authorize the'
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
II Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
IINays": None.
ITEM #27 - Other City Attorney Items
a) Establish compensation of Assistant City Attorney Us in SAMP 6 band and Assistant
City Attorney Is in the SAMP 5 band. Authorize a one-time special equity increase in the
salaries of Paul Richard Hull and Leslie Dougall-Sides, Assistant City Attorney lis at an
estimated amount of $12,993.
The City Charter states the City Attorney shall establish and the City Commission
shall approve compensation for Assistant City Attorneys, who hold positions of significant
responsibility and are charged with making decisions critica~ to the City. Assistant City ,
Attorney positions are unclassified and not associated with any SAMP (Supervisory,
Administrative, Managerial, and Professional) level. The scope of responsibility,
independence, and authority exercised by Assistant City Attorney lis is comparable to
department directors.
SAMP 6 sa'laries range from $60,000 to $110,000. Recent surveys indicate the
average yearly salary for Assistant City Attorney lis in comparably sized Florida cities
ranges from $59,140 to $96,181, with a mean of $ 90,115. The comparable SAMP band
for Assistant City Attorney lis is SAMP band 6.
Assistant City Attorney Is exercise responsibility and authority comparable to
Assistant Department Directors. SAM? 5 band salaries range from $40,000 to $90,000.
Recent surveys indicate the average yearly salary f61' Assistant City Attorney Is in
comparably sized Florida. cities ranges from $42,368 to $70,235, with a mean of
$52,695. The appropriate SAMP,band for Assistant City Attorney Is is SAMP band 5.
As of January 1, 2002, Assistant City Attorney II Palll Hull, an attorney for 24
years, has 1 1 years of service with the City. His salary is 9% below the average for
comparable Florida cities and counties. A one-time equity 9~b increase is recommend,ed.
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As oi January 1, 2002, Leslie Dougall-Sides, Assistant City Attorney H, an attorney
for 23 years, has 6.5 years of service with the City. Her salary is 230/0 below the average
for comparable Florida cities and counties. A one-time equity increase of 200k is
recommended.' ,
Hereafter, salary increases shall be in accordance with annual SAMP increases.
In response to a question, the City Attorney estimated the annual impact of the
request is $20,000, not including future SAM? salary increases. In response to a
question, she said prior to 1994, the City Commission had set Assistant City Attorney
,salaries. During her tenure, Assistant City Attorneys have received SAMP increases.
However, salaries have fallen behind comparative salaries in other jurisdictions and internal
City salaries and benefits. It was recommended this issue be dis,cussed in the future
during the budget process to allow the City Attorney latitude regarding salary increases.
The increased compensation will come from retained earnings. It was noted the Legal
Department had returned $99,000 to retained earnings last year.
Commissioner Gray moved to establish compensation of Assistant City Attorney Us
at the SAMP 6 band and Assistant City Attorney Is at the SAMP 5 band and to authorize a
one-time special equity increase in the salaries of Paul Richard Hull and Leslie Dougall-
Sides, Assistant City Attorney lis and that the appropriate officials be authorized to
. execute same. The motion was duly seconded and carried unanimously.
ITEM #28 - City Manager Verbal Reports - None.
ITEM #29 '- Commission Discussion Items
a) Amendment to the Intedocal Agreement Creating a Tampa Bay Regional Planning,
Council - Jonson
The City Attorney summarized the TBRPC (Tampa Bay Regional Planning Council)
request to amend its member agreement to allow the 'agency to borrow money to
construct or purchase a building, which currently is not permitted. Agreement language
has not been finalized. Member governments in the multi-county region would be
responsible, on a pro-rated basis, for related costs should the agency disband. She said
that action is unlikely as the 40 year-old agency is charged with State and Federal
statutory powers. The City's maximum exposure l'1as not been determined as the agency
has not decided the amount it needs to borrow. TBRPe currently rents its offices. The
agency is requesting member government support of the proposed plan. In response to a
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question,the City Attorney said the City's liability cannot be determined until the proposal
is submitted. Finance Director Margie Simmons said should TBRPC disband, the City
would receive a percentage of its assets as well as its debts.
Consensus was to allow the amendment to the Interlacal Agreement creating
TBRPC to come forward.
bl Reschedule August 15, 2002 Clearwater City Commission Meeting due to conflict with
Florida League of Cities.
City Clerk Cyndie Goudeau reported the August 15, 2002, City Commission
meeting conflicts with the Florida League of Cities conference.
Consensus was to reschedule the August 2002 City Commission meetings to
~ugust 8 and 22 and reschedule the Work Sessions to August 5 and August 19, 2002.
ITEM #30 ~ Commission Action
Commissioner Gray stated she had attended the 7th anniversary of the Downtown
Farmers Market, which is open on Wednesdays and Saturdays 8 a.m. to 1 p.m. She
encouraged everyone to go. '
, Commissioner Jonson requested Commission comment on the County's proposed
billboard settlement.
Commissioner Jonson invited residents to attend the public TBRPC visioning
meeting at the Largo Cultural Center on March 21, 2002 from 2:00 to 6:00 p.m.
Commissioner Jonson thanked the City's Police and County's Sheriff's departments
for worki,ng together well and apprehending bank robbers.
Commissioner Jonson encouraged citizens to acquaint themselves with Commission
candidates and the new voting machines and to vote on March 12, 2002.
Commissioner Hamilton congratulated the Clearwater High School Junior Varsity
Basketball Team for their undefeated season.
Commissioner Gray wished a Happy eighth Birthday to Bren and a Happy thirteenth
, Birthday to Kayleigh.
Mayor Aungst said he had telephoned the St. Petersburg Times, requesting the
newspaper not print a personal opinion letter he had written them 'and inadvertently signed
as Mayor.
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Mayor Aungst reported he had attended the Police Athletic League's annual award
breakfast in St. Petersburg on Feb~uary 14,2002. ' ,
Mayor Aungst stated today he had attended the Cle~rwater ,Lawn Bowls Club
annual tournament and charity kick-off, which this year benefited, the RCS Food ~antry.
Mayor Aungst said today he had toured the Clearwater Free Clinic, which has an
increased patient load. The program is a model, studied by other clinics.
Mayor Aungst will judge a Safety Slogan contest at the Police Department
tomorrow.
," Mayor Aungst reported the annual Friends of the Library Luncheon will be at the
Harborview Center tomorrow.
Mayor Aungst said the Regional Chamber of Commerce is hosting the Philadelphia
Phillies & "Phanfest" at Jack Russell Stadium tomorrow night.
.. . . .
Mayor Aungst reported the Clearwater American and Clearwater National Little
League kickoff is at Sid Lickton Field on February 23, 2002.
Mayor Aungst said the Clearwater For Youth banquet is scheduled for Saturday
night at the Sheraton Sand Key.
"
Mayor Aungst stated the next Work Session is scheduled for March 4, 2002 at
9:00 a.m.
ITEM #31 - Adiournment
The meeting adjourned at 7:33 p.m.
ATTEST:
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