05/02/2002 (2)
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. CITY COMMISSION . .
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..... . MEETING . ..
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Present: Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton'
William C. Jonson
Frank Hibbard
Mayor/Commissioner - departed 8:04 p.m.
Commissioner'
Commissioner
Commissioner
Commissioner
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CITY COMMISSION MEETING
CITY OF CLEARWATER
May 2, 2002
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
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.
Commissioner Jonson offered the invocation. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not.
necessarily discussed in that order.
Police Chief Klein and Ed Brant, Executive Director of CHIP, provided an update
on efforts to address homeless issues in Clearw,ater. Chief Klein requested'
volunteers to assist with painting the interior of the CHIP building and selling
, newspapers at the May 9 Devil Rays game to raise funds for CHIP.
ITEM #4 - Approval of Minutes - ReQular MeetinQ 04/18/02
Comr:nissioner Gray moved to approve the minutes of the r~gular meeting of
April 18, 2002, as rec~rded and submitted in written summation by the City Clerk
to each Commissi~ner. The motion was duly seconded and carried unanimousty.
ITEM #5 - Citizens to be heard ra items not on the Aqenda
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John Doran said the Roundabout is still working. Traffic always will be
backed up on those days when everyone is trying to. go to the same place at the
same time. Traffic is 8' problem when Coron'ado is full of traffic.
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Drew Charos said a petition to rename Cleveland Street to Main Street has
been circulated. She suggested signage to help tourists identify when they are in
downtown.
Public Hearing ~ Second Reading Ordinances
ITEM #6 - Ordinance #6950,;02 - Annexation for 3010 Grandview Avenue (Kapok
Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E), (Thao and Vui
Nguyen ANX 02-02-01)
The City Attorney presented Ordinance #6950-02 for second reading and
read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance
#6950~02. The motion was duly seconded and upc;m roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hi~bard, and Aungst.
"Nays": None.
ITEM #7 - Ordinance #6951-02 - Land Use Plan for 3010 Grandview Avenue
(Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E) (Thaa and
Vui Nguyen ANX 02-02-01) .
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, The City Attorney presented Ordinance #6951-02 for second reading and
read it by title only. Commissioner Jonson moved to pass and adopt Ordinance
#6951-02. The motion was duly seconded and upon roll call, the vote was:,
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM 118 - Ordinance #6952-04 - Zoning Atlas Amendment for 3010 Grandview
Avenue (Kapok Terrace, Lot 11 and a portion of Lot 12 in Section 09-29S-16E)
(Thao and Vui Nguyen ANX 02-02-01)
The City Attorney presented Ordinance #6952-02 f,or second reading and
read it by title only. Commissioner Gray moved to pass and adopt Ordinance
#6952-02. The motion was duly seconded and upon roll call, the vote was:
"
UAyes~': Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM #9 - Ordinance #6953-02 -Zoning Atlas Amendment for 101 South Old
, Coachman Road (Post Court, Lo~ 1 less the Northerly 920 ft, in Section 18-29.S-16E) .
, (Post Court I Keith Bricklemyer Z 02- 01-01)'
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The City Attorney presented' Ordinance #6953-02 for second reading and
,read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance
#6953-02. The motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
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"Ayes": Gray. Hamilton, Jonson, Hibbard, and Aungst.
ITEM #1 0 ~ Ordinance #6928~02 - Community Developm~nt Code Amendments
Commissioner Hamilton moved to amend Ordinance #6928-02 on second
reading as follows:
, Section 7 L. Article 3. Division 15. Property Maintenance Standards.
Section 3-.1502.C.3. Property maintenance requirem,ents is amended as follows:
3. Ground level ::;torcfroAt windows facing a public right-of-way shall be
maintained in an unbroken and clean state. No window facing the public right-of-
way shall be permanently removed ,and enclosed, covered, or boarded up unless
treated as an integral part of the building fa<;ade using wall materials and window
detailing comparable with any upper floors and the building fa9ade in general. All
damaged or broken storefront windows shall be promptly restore, repaired or
replaced. All awnings or canopies facing or visible from the public right-of-way shall
be maintained in a good and attractive condition and torn, loose and/or bleached
awnings shall be promptly replaced, repaired or removed.
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In response to a question, Ms. Tarapani said the amendments address all
wiT:1dows, not just storefronts. She said windows could be boarded up but not for
an extended period of time.
. The City Attorney presented Ordinance 6928-02 for second reading as
amended. and read it by title only.
One resident spoke in favor of increased square footage for signs.
Ms. Tarapani said the square footage for attached signs is being increased
from 10 to 20 square feet as a right. The Comprehensive Sign Program provides
.' the ability to request additional signs. It was remarked that some citizens feel the
City is taking a step backward because signs can be larger. It was felt some
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citizens, are dispersing a lot of misinformation about this proposed sign section of '
. the Code~ Minor adjustments are being made to the Code to provide small
businesses the opportunity for adjusted 5ig~age. '
In response to a question, Ms. Tarapani said although there are no
amortization dates, there are actions that will tdgger compliance with the sign Code.
. Business owners are permitted' a freestanding or monument sign as long as they
comply with Code. It was 'remarked the proposed signag~ changes are maximums,
not rights.
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Commissioner Hamilton moved t6 pass and adop.t Ordinance #6953-02. as
amended on'second reading. The motion was duly seconded and upon roll call, the
vote was:
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"Ayes": Gray, Hamilton, Jonson, Hibbard. and Aungst.
"Nays": None.
CONSENT AGENDA (Items # 11.1 6) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to
being approved in a single motion. However, any City Commissioner or the City
Manager may remove an item from the Consent Agenda to allow discussion and
voting on the item individually.
ITEM # 11 - Approval of Purchases (& Declaration of Surplus) per PurchasinQ
Memorandum
A. Award a contract to Kimmins Contracting Corp., Tampa, Florida in the
amount of $130,900 for the Demolition of the Library, 'the ,lowest and most
responsive bid received (PW/PS)
B. Declare surplus and authorize disposal of vehicles and equipment (PUR)
ITEM #12 . Authorize settlement of the workers' compensation claim of Claimant,
Ronald Pownall, in its entirety to include medical, indemnity and attorney fees for
the sum of $89,975. (FN)
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ITEM #13 - Authorize acceptance of $115.571.01 from Peter E. Field Shelter Trust'
and establish a separate project account in order to segregate these funds for use
,by the Clearwater main library ,(FN)
ITEM /I 14 - Award a three-year contract, beqinninq Mav 1. 2002 throuqh April 30.
2005, to S.J.'s Towinq and Recoverv. Inc. in the amount of $75,000 to provide
adequate towing service, consistent and uniform fees for the towing and storage of
vehicles, and proper safeguards for the protection of property towed or relocated in
accordance with- terms of the contract (PD)
ITEM #15 .' Srownfields Advisory Board - Reappoint Willa Carson i,n Resident
Category; Appoint Alicia Reed in Agency or Government representative. (ClK)
ITEM #16' - NAHAS Advisorv Board - Reappoint Peggy Cutkomp to Real Estate
Industry Category (ClK)
, 'Commissioner Hamilton moved to approye the Consent Agenda as submitted
and that the appropriate officials be authorized to execute same. The motion was
d~ly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
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ITEM # 17 - Award a contract to Kimmins ContractinQ Corporation in the amount of
$141.100 for the demolition of the Cabana Club Restaurant to the lowest and most
responsive bid received (DS)
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The Cabana Club Restaurant at 1590 Gulf Boulevard has been declared an
unsafe structure. The owner was given ample time to make the necessary
improvements to renovate the structure to make it safe, however, the necessary
improvements have not been made. Therefore, the next step is to demolish the
structure, eliminating the existing dangerous situation.
Scope of work: demolish restaurant structure, pool. pool deck, dressing
rooms for pool. repair the existing wall to match existing building, grade and level
property to have positive drainage, and plant seed and cover with mulch.
Development Serv~ces includes funding in the budget each fiscal year for
demolitions associated with the unsafe building program. . In most cases. the cost to
demolish a structure is $2,000 to $4,000 and on average, performs only a few of
these each year. The demolition of the Cabana Club Restaurant was not
anticipated, and not budgeted, as the previous tenant had been working with staff
on the plans to renovate the building.
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A lien will be placed on the property. In order to develop or sell the property.
the owner or potential buyer will be required to clear the lien. In order to release the
lien, the property owner will be required to pay for the costs associated with the
violations including but not limited to the cost to demolish the structure,
administrativ~ costs to file the lien, etc. If the owner does no~ take appropriate
action, foreclosure proceedings may occur. . However, foreclosure of the property
would not guarantee compensation to the City, as it would depend on where the
,City is Ijsted in the foreclosure documents (i.e., the financial loan institutions are
usually listed first, and on down the line of responsible parties who would be
compensated by foreclosure).
A mid-year budget amendment allocating $141, 1 aD tram the General Fund,
unappropriated retained earnings will provide funding for the demolition costs.
When the lien is satisfied, these funds will be returned t'o the retained earnings of
the General Fund.
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Richard Wilhelm, representative for the Belleview Biltmore Resort, Ltd.,
apologized on behalf of the Belleview and its ownersh'ip that the property and its
surrounding residents have suffered. He said the rodent infestation and removal of
refuse inside and outside have been resolved and would continue to be a'ddressed.
Safety issues also are being addressed. He said his company has been working
with the City to develop an agreement to bring the property into compliance. He
said,the repairs would be completed within 6 months. An escrow agreement'for
150% of the contract amount has been signed and is awaiting the City's approva'.
In response to a question. Mr. Wilhelm said the property should 'not be demolished
because of its value to the owners a"d for its overall value to the community. He
said there are no specific plans for the property, but the exterior would be, kept
attractive and the i'nterior would be made safe and the entire property maintained.
The contractor would begin work as soon as the permits are approved. In response
to a question, Mr. :Wilhelm detailed the work to be done.
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In response to a question, Sam Downing, representing the Belleview Biltmore
Resort, Ltd.; said there are no plans to fence the open area under the building as it
is basically for parking. Mr. Wilholm said security would check the premises
regularly along with Belleview Biltmore hotel personnel. The interi?r security system
has been reactivated and will be monitored. In response to a question, Mr. Downing
said the, adjacent condominium complex shares the firewall of this building. He is
contident that unless structural damage is found, 6 months is ample time to
complete all the work. Building Official Kevin Garriott said the permits are ready. In
response to a question, Mr. Wilhelm said he understands and'appreciates the past
problems with the property. It was remarked that it is'disappointing that no specific
plans have been made for the use of this property.
Frank Simonelli, representing himself and 7 citizens, was concerned about
the quality of life for surrounding residents. He said this issue has been ongoing for,
4 years and does not believe the improvements would be made and maintained. He
encouraged the Commission to demolish the building~
Two citizens spoke in favor of demolishing the bUilding.
.
In response'to a question, Ms. Akin said staff recommends awarding the
contract and holding it in abeyance in the event the owners do not move promptly
forward with repairs. She said if the owners c:fo not perform, the City Vim use the
escrow funds to complete the repairs. If the funds in escrow run out before
compliance can be met, the City could demolish the building. Once a building is
demolished alien is placed on the property. .. Concern was expressed that this '
property is only being brought up to minimum Code requirements. Ms. Akin
reported Belleview's attorneys have indicated they would seek an injunction if the
City proceeded with the demolition process. The injunction would delay the,
demolition process for an unknown' period of time. Ms. Akin felt this escrow
agreement is the most expeditious remedy to the situation.
Commissioner Gray moved to award a contract to Kimmins Contracting
Corporation, Tampa, Florida, in the amount of $141, 1 00 for the demolition of the
Cabana Club Restaurant, but to hold it in abeyance pending the owners pulling
permits for the necessary repairs and executing an escrow agreement and
depositing the funds provided for in the agreement; and in the event the property
owners do not promptly move forward with the repairs, the City will move forward
with the demolition. The motion was duly seconded.
In response to a question, Ms. Akin said there are no interim project
milestones.
Upon the vote being taken, ,the vote carried unanimously.
.
ITEM # 18 - Resolution #02-25 which designates the Finance Director as the City
representative and the Deputy Finance Director and the Cash & Investments
Manager as the alternate representative on the First Florida Governmental Financing'
Commission (FN)
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The First Florida Governmental Financing Commission was created to provide'
a lower cost financing option for local governments. Each time the city issues debt,
staff examines all of the available options and seeks the best available to the City.
The Commission is most cost effective when we have smaller amounts of bonds to
issue in that we combine our needs with other governments and realize a cost
savings in issuance and interest costs.
Current members of the First Florida Governmental Financing Commission
are: City of Boca Raton, City of Gainesville, City of Hollywood, City of Sarasota,
City of SL Petersburg, Broward County, and the City of Clearwater. '
Clearwater last used the Commission in 1987 to issue bonds for the benefit
of the Fleet. Sanitation, Maril1C! and the Fire Department. These bonds have been
paid in full.
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The cost associated with Clearwater belonging to the commission is
estimated at $2,400 per year. Staff is recommending ,we continue as a member
because this cost will be more than recovered the next time we issue bonds through
the commission.
, The ne~v legal advisor to the First Florida Governmental Financing'
Commission has requested that the current member pass a resolution naming a
representative and alternatives.
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Commissioner Jonson moved to approve designating the Finance Director as
the City representative and the Deputy Finance Director and the Cash &
Investments Manager and the alternate representatives on the First Florida
Governmental Financing Commissio,n. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #02-25 and read it by title only.
Commission~r Gray moved to pass and adopt Resolution #02-25 and authorize the
, appropriate officials to execute same. The motion was duly seconded and upon roll,
the vote was~
l'Ayes"~ Hamilton, Gray, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM # 1 9 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
,ITEM #20 - Other City Attornev Item~ - None.
ITEM #21 ., City ManaQer Verbal Reports
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a.
County Administrator's Recommendations reqardinQ Community
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RO'LL NO. I
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.
The First Florida Governmental Financing Commission was created to provide
a lower cost financing option for local governments. Each time the city issues debt',
staff examines all of the available options and seeks the best available to the City.
The Commission is most cost effective when we have smaller amounts of bonds to
issue in that we combine our needs with other governments and realize a cost
savings in issuance and interest costs.
Current members of the First Florida Governmental Financing Commission
are: City of Boca Rato." City of Gainesville, City of Hollywood, City of Sarasota,
City of St. Petersburg, Sroward County, and the City of Clearwater.
Clearwater last used the Commission in 1987 to issue bonds for the benefit
of the Fleet, Sanitation, Marina and the Fire Department. These bonds have been
paid in full.
The cost associated with Clearwater belonging to the commission is
estimated 'at $ 2,400 per year. Staff is recommending we continue as a m'ember
because this co~f will be more than recovered the next time we issue bonds through
,the commission.
The new legal advisor to the First Florida Governmental Financing
Commission has requested that the current member pass a resolution naming a
representative and alternatives.,
.
Commissioner Jonson moved to appr'ove designating the Finance Director as
the City representative and the Deputy Finance Director. and the Cash &
Investments Manager and the alternate representatives on the First Florida
Governmental Financing Commission. The rnotion was duly seconded and carried
unanimously. ' "
The Ci,ty Attorney presented Resolution #02-25 and read it by title only.
Commissioner Gray moved to p'ass and adopt Re,solution #02-25 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll,
the vote was:
HAyes": Hamilton, Gray, Jonson, Hibbard, and Aungst.
"Nays": None.
ITEM # 19 - Other PendinQ Matters - None.
CITY ATTORNEY REPORTS
ITEM #20 ~'Other City Attorney Items - N<;>ne.
ITEM #21 - City Manaqer Verbal Reoorts
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a.
County Administrator's Recommendations reQardinQ Community,
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Redevelopment AQencies
Long Range Planning Manager Gina Clayton said in February 2001, the Board
of County Commissioners held a workshop to discuss designating and funding of
community redevelopment districts. The Board directed County st,aff to develop
guidelines for establishing community redevelopment districts, for permitting the use
of tax increment financing, and for monitoring the progress of these districts. In
Juty 2001, recommendations where presented to the Board, however, no action
was taken. On Tuesday May 7, 2002 the Board' will consider revised
recommendations.
The Planning Department recommends the following amendments to the
County's approach to designating and funding community redevelopment districts.
1. The word "original" should be deleted from section 1.8 defining "downtown"
community redevelopment districts (page ,3.) This language has the same
connotation as "historic" as was in the original recommendation. Downtown
boundaries typically grow and change with time and a local government
should be ahle to determine this boundary based on local criteria.
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2. The percentage and length of the increment allowed in the downtown
. 'community redevelopment districts should be fair and consistent throughout
the County and should continue to be an established amount as has been the
Board's policy since the inception of community redevelopment district. The
proposal in 1.d. is vague and will bring, inequities to the municipalities.
3. The language in l.c. and 2.c that specifies that the County may re~cind the
delegation of authority should be moved to section 1.b and 2.b. (pages 3 and
4.) This authority should be addre~sed in the section discussing the
delegation of authority and not tied to the progress report.
4. The progress report required in 1.c and 2.c {pages 3 and 4) should be
required every three years as originally proposed instead of every year.
Progress in most community redevelopment districts is slow and in some
cases, local efforts may not result in real progress during any one~year '
period. Providing the report every three years would give the Board a better
assessment of progress due to the amount of time redevelopment takes. In
the event of an economic downtown, loss of redevelopment staff, lack of
grant funding, etc., there will be no progress to report and the Board may get
a skewed view of the community's eRA. '
f0r. Horne said if the Commission supports staff position, staff would attend
the' Board of County Commissioners meeting to apprise them of Clearwater's
recommendations. It was felt that more time was needed to review staff's
recommendations. Commissioner Gray volunteered to attend the County
Commission's meeting.
.
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The City Mana,ger reported he received a letter from Ms. Moody regarding
sewage overflow at her condominium complex. City Building Inspector Wright has
advised the owner he would be cited if this situation reoccurs.
ITEM #22 - Commission Discussion hems - None.
, ITEM #23 . Other Commission Action
a. Appoint a Commission member to represent the City-on the Clearwater
Marina Aquarium Foundation Board
It was remarked that Commissioner Hibbard is interested, on serving on the
Clearwater Marine Aquarium Foundation Board.
Commissioner Jonson moved to appoint Commissioner Hibbard as the
Commission's representative on the Clearwater Marine Aquarium Foundation Board.
The motion was duly seconded and carried unanimously.
.
Mavor Aunast said Beach Fest at Pier 60 on April 19', 20 and ,21 was a great
success. On April 24 & 25th, Mr. Horne, Ms. Goudeau and he were in Y'/ashington,
D.C. to visit Congressmen and federal lobbyists. O~ April 261h he presented Jahja
Ling a key to the City in appreciation of his 14 years with the Florida Orchestra. 'He
was out of town for Neighborhood Block Parties on April 201h, but had the
opportunity to attend 3 block parties on April 27th; Northwood' Estates; Northeast
Clearwater Regional Homeowners Neighborhood Picnic, and Forest Wood Estates.
On April 28' the Commission, with the exception of Commissioner Hamilton who
was out of town, attended the Windsor Park neighborhood event organ,ized to
dedicate their entrance and to honor Michael (Mac) Tarrou, who was a flight
attendant and victim' of the September 11 tragedy. At Monday's worksession,
guests from the U.K. were interested in the City's process and said they faced
some of the same issues in Leicestershire. He and his wife attended the National
Day of Prayer observance at the Harborview Center on May 1 at 7:00 a.m. On May
1 he and Mr. Horne attended the kickoff luncheon at the Belleview Biltm'ore to kick
off tourism week. Friday, May 3 he will welcome representatives from the State of
Hidalgo, Mexico at noon. He invited everyone to attend the Cinco de Mayo festival
at Coachman Park and the annual Fun In Sun Parade on May 4. Friday, May 3 is
Fun t'n Sun Phillies night at Jack RU5seU Stadium at 7:00 p.m. On May 5 the Florida
Orchestra will be performing at Coachman Park. On May 6 the Commission will be
in a Visioning Session for'the afternoon. On May 10 at 10:00 a.m. a mem'orial
service wi1l be held at Station Square Park to honor police officers. That afternoon,
he will throw a basketball to start the state AAU Basketball tournament. Concert in
the Park at Coachman Park is on May 11.
Com'missioner Hibbard said he enjoyed the National Day of Prayer observance
at the Harborview Center on May 1. He was glad the City gave out free trees at the
Arbor Day celebration last week. He said citizen surveys have been ~eceived and he
looks forward to the results.
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Commissioner Jonson distributed paradigms of interaction he received at the'.
advanced IEMO class he attended. He enjoyed the visitors from England who were
interested in the City's governmental process. He participated in the downtown
clean up and requested that citizens properly dispose of all forms of litter. He'
participated in the hurricane disaster exercise and saluted the Fire Department and
other participants involved in preparing for it. He enjoyed visiting neighborhoods
during Neighborhood Day. He represented the Commission at the ribbon cutting
ceremony at Freedom Ford. He attended the NAACP Freedom Banquet. He
reported on the PST A Awards function that took place on the Starlight Majesty
cruise through Clearwater ,harbor. He thanked staff ,for a great job in moving into
the interim library facility. He encouraged everyone to attend the Clearwater,
Hist,orical Society's annual fish fry at Clearwater High School beginning at 11 :30
a.m.
, Commissioner Hamilton said he and his wife had a vvonderful trip to Hawaii
to celebrate their 20th wedding anniversary. He congratulated Margie' Simmons and
her department for the award her department received for 22 consecutive years. H~
was sorry he missed Neighborhood Day.
Commissioner Gray attended the National Day of Prayer at Skycrest Baptist
, Church, the ice cream social at the MSB (Municipal Services Building) to benefit the
Rel~y for Life, and the library farewell. She said the Smooth Jazz Concert went
well.
ITEM #24 - Adiour'nment
The meeting adjourned at 8: 15 p.r:n.
/L ...
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