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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
I ....ST NAr.!i::-I=IF=ST NM.~E-MrODLE NAME
~un st, Brian J.
..IAILlNG A::>ORESS
2633 Brattle Lane
CITY
Clearwater
DATE ON WHICH VOTE OCCURRED
Nav 15, 2003
NAME OF EOAAD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE
Clean~ater City Commission
THE BOARD. COUNCIL, COW,'ISSION. AUTHORITY OR COMMITIEE ON
WH1CH I SERVE 15 A UNIT OF
i3 CITY D COUNTY 0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
it of Clearwater
MY POSITION IS
COUNTY
Pinel1as
t.::J ELECTIVE
':J APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board. council.
commiSSion, authority, or committee. tl applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes,
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to Ihe instructions on this form bofore
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
1,ures to his or her special private.gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
..Ire which inures to the special gain or loss of a principal (olher than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopmont agencies undor Sec. 163.356 or
163.357. F,S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of Ihis law, a "relative" .includes only the officer's father. mother, son, daughter. husband, wife, brotller, sister, father-in-law.
mother-in-law, son-in-law. and daughter.in.law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the olticer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange). . .
. .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described abova, you must disclose the connie!:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in tho measure on which you
are'abstaining from voting; and .
,WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min.
utes of the moeting, who should incorporate the form in tho minutes.
.
.
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APPOINTED OFFICERS:
Although you must abstain trom voting in the situations described above, YOll otherwise may participato in these matters. However, you
must disclose the nature of the conflict before making any attemPt to influonce the decisIon: whether orally or in writing and whether made
"'V you or at your diroclion. '
.,' YOU InTEND TO MAKE ANY ATTEMPT TO ItJFLUENCE THE DECISION PRIOR TO THE r.'EETING AT WHICH THE VOTE WILL BE
TAKEN:
. You rr'.:.Jst complete anrJ tile thIS form (before making any attompllo influence the decision) '..'llth the parson responsIble for recording the.
mmuWs 01 \t',e ll'cctll~lJ. ,...1)0 ,....111 incorporate lhe lorm In tho mmutes. (Continued on o'har SIde)
CE FORP.t 86 ' EFF. 'i2OCD
PAGE 1
APPOINTED 0 FFICERS (continued)
. A copy of 'he form mus' be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature' of your conflict in the measure be rare participating.
. You must complete the form and file it within 15 days atter the vote occurs with the person responsible for recording the minutes of 'he
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the ather members of the
agency, and the form must be read publicly at the next meeting after,the form is filed. '
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Brian.1. Aungst
Hay 15
,2003
, hereby disclose Ihat on
(a) A measure CLlme or will come before my agc0cy which (check ono)
inured to my special private gain or loss:
inured 10 the spa,cial gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
. by
x inured to the special gain or loss of
Verizon Media Ventures
. which
is the parent organization or subsidiary of a principal which has retai~ed me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,Item 118 -:- Public Hearning and First Reading - Ordinance 7118-03, amending the public,
educationt and governme1!t access support payments from Verizon Hedia Venturest Inc.t
cable ~elevision franchise originally granted under Ordinance 6046-96.
Sign{0#;~
Date Filed
NOTICE: UNDER PAOV1SIONS OF FL.ORIDA STA~UTES S112.~17, A FAILURE TO MAKE ANY REQUIRED DISCLOS,URE l
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR .
CIVIL PENALTY NOT TO EXCEED $10.000. ~
CE FORM S8 . EFF. 1/2000
PAGE 2
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CITY COMMISSION MEETING
CITY OF CLEARWATER
May 15, 2003
Present: Brian J. Aungst
Hoyt P. Hamilton
Whitney Gray
William' C. Jonson
Frank Hibbard .
M ayor/Co mmissio ne r
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present: Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
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 Hibbard
offered the invocation. The Mayor .Ied the Pledge of Allegiance.
.ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions, Awards and Presentations
a) Proclamations:
. Code Enforcement Officers Week
Emergency Medical Services Week
Safe Boating Week
Pinellas County Government Appreciation Month
Tourism Week
National Public Works Week
June 2 - 7.2003
May 18 - 24, 2003
May 17 -.23, 2003
May 2003
May 11 - 17, 2003
May 18 - 24, 2003
b) Neighborhood awards for Quarter:
1) Neighborhood of the Quarter award was presented to the Morningside - Meadows
neighborhood '
'2) Homes of the Quarter awards were pre~ented to: a) Marcia Roth & Lucious Bonds -
1151 Jackson Road; b) Glen Papa and Cindy Marie Foret-Papas - 1537
Oakwood Street; c) Eula Williamson - 301 lake Drive South; and d) Donald and Edi~h Ware -
1631 G reenlea Drive
c) Neighborhood certificates for Clearwater Neighborhoods Day:
Participation awards were presented to neighborhoods: 1) Carlouel; 2) Clearview' lake
Estates~ 3) Clearwater Beach; 4) Coachman Ridge; 5) Country Club Addition; 6) DelOra
Groves Estates; 7) Lake Belleview Community; 8) Morningside Meadows; 9) Northwood
Estates; 10) Oak Grove Estates; 11) Old Clearwater Bay Neighbors; 12) O~erbrook. Park; 13)
Skycrest Neighbors; 14) Virgini~ Groves; 15) Windsor Park; 16) Windsor Woods II; 17).Wood
Valley Neighborhood Watch & Boys and Girls Club; 18) Wynwoods landing; and 19). YWCA
Hispanic Services.
d) Solid Waste Association of North America Road-E-O competition awards
For efforts at April 12, 2003 Road-E-O competition, awards were presented to: 1) Nick
. .
Commission 2003-05-15
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Fritz - 1 sl place - rear loader; 2} Mark Beery - 1 sl place - front loader: 3) John Murray - 1 sl place -
automated side loader; 4) Rick Clark - 2nd place - roll-off truck; 5) Paul Wassen - 2nd place -
tractor trailer; and 6) Bobby Lillico - Coach
e) Public Communication Awards'
Two communicator awards were presented to the Public Communication Department.
ITEM #5 - Approval of Minutes
Commissioner Hamilton moved to approve the minutes of the regular meeting of May 1.
2003, as recorded and revised by the City Clerk and submitted to each Commissioner. The
motion was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the Aqenda:
John Doran invited residents to participate in the Neighborhoods Conference at the
North Greenwood Recreation Center on June 14, 2003, beginning at 8:00 a.m.
PUBLIC HEARINGS
ITEM #7 - Public Hearinq & First Readino - Ord. # 7139-03 - Approve the applicant's request to
vacate the east 5 ft of the 10ft drainaqe and utilitv easement Ivino alonq the west property line
of Lot 76. Countryside Tract 5, (A.K.A. 3278 Pine Haven Dr.), less and except the south 5 ft
thereof. (V2007 -03 Maresh) (PW)
The appl.icant is seeking approval of the vacation request to have more room on which to
construct an in-ground swimming pool and deck. The Planning Department has no objections to
the vacation request and the proposed swimming pool design meets Community Development
Code requirements.
Progress Energy, Time Warner Cable (Bright House), Verizon and Verizon Media
Ventures have no objections to the vacation request. The City has no utilities in the easement
portion proposed to be vacated and no future. need for the easement portion is anticipated.
Public Works Administration has no objections to the vacation request
Commissioner Hamilton moved to approve the applicant's request to vacate the east 5
feet of the 1 O-foot. drainage and utility easement lying along the west property line of Lot 76,
Countryside Tract 5, (A.K.A. 3278 Pine Haven Drive), less and except the south 5 feet thereof.
The motion was duly seconded and carriec:l unanimously.
Ordinance. #7139-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7139-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayeslt: Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nayslt: None
ITEM #8 - Public HearinQ and First Readino - Ord. # 7118-03. amendinQ the public. education.
and Qovernment access support payments from Verizon Media Ventures. Inc., cable television
franchise originally granted under Ord. # 6046-96. (PC)
Mayor Aungst recused himself.
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On June 20. 1996, the City adopted Ordinance #6046-96, granting a cable television
franchise to GTE Media Ventures Incorporated (currently known as Verizon Media Ventures), a
wholly owned subsidiary of GTE Corporation. The Ordinance granted the use of the City of
Clearwater rights-of-way for a term of ten years.
Appendix C of the Franchise Agreement requires Verizon to make annual payments in
, support of PEG (Public, Educational, and Government) Access Programming. Section C of
Appendix C, provide's that Verizon shall have the right to renegotiate with the City the amounts
and manner in which Verizon funds support for PEG after the fourth anniversary of the effective
date of the Franchise Ordinance if Verizon's actual number of Subscribers in the City after such
four-year period is below 12.500.
Since Verizon's actual number of Subscribers is below the four-year threshold of 12,500,
on November 14, 2002, members of City staff met with representatives of Verizon to consider
re-negqtiating the level of PEG support payments made. On December 20, 2002, the City
offered, and Verizon accepted, a reduced level of PEG support payments equivalent to the PEG
support provided by the Time Warner/Advance Newhouse Partnership Cable Franchise to the
City, currently 520,000. - '
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Through the first seven years of the franchise, the City received $525,000, of which
5225,000 was turned over in the first 4 years of the agreement to Time Warner for the provision
of public access services for Clearwater residents. The Public Communications Department
used the $3.00,000 balance for equipment purchases to upgrade the system.
Commissioner Gray moved to amend the public, education, and government access
support payments from Verizon Media Ventures Inc., cable television franchise originally
granted under Ordinance #6046-96. The motion was ,duly seconded. Commissioners Gray,
Hamilton, Jonson, and Hibbard voted "Aye"; Mayor Aungst abstained. Motion carried.
Ordinance #7118-03 was presented for first reading arid read by title only.
Commissioner Hibbard moved to pass Ordinance #7118-03 on first reading. The motion was
duly se?onded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, and Hibbard.
"Nays": None
Abstained: Aungst
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #9-21) - Approved as submitted less Items #10 and #13.
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.
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ITEM #9 - Approval of Purchases per PurchasinQ Memo: ,
1) Sper Chemical, Clearwater. FL - copper corrosion control during period 7/14/03 through
7/31/06, including equipment and supplies for $500,000. (PUNVater)
Commission 2003-05-15
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2) American Water Services Undergrouno Infrastructure1 Clearwater, FL - storm pipe
rehabilitation at Franklin St. and Garden Ave. for $63,356.25. (PW/Eng)
ITEM #10 - See Paoe 5.
ITEM #11 - Approve concepts reQardino travel reimbursement and direct staff to prepare
ordinance and policy including these concepts. (FN)
ITEM #12 - Approve aQreement between the Pinellas County School Board and the City of
Clearwater for a term from 6/11/03 through 6/10/04 for the City to utilize Pinellas County school
buses at a cost of $0.90 cents per mile plus $18.20 per hour, for a total estimated cost of
$30,000. (PR)
ITEM #13 - See paQe 7.
ITEM #14 - Award a contract to The Bobcat Company of West Faroo. NO. for the purchase of
one New 328D Mini Excavator. at a cost of $24,626, in accordance with Section 2.564 (1 )(d),
Code of Ordinances - DLA Federal Contract #SP0500-01-D-0086, and authorize lease
purchase under the City's Master Lease Purchase agreement. (PW)
ITEM #15 - Establish a Capital Improvement ProQram (CIP) proiect for Bio-Solids Treatment, to .
be funded through budget savings in other projects and approve the Parsons Engineering
Science Work Order for Preliminary Engineering Services in the amount of $101,297. (PW)
ITEM #16 - Award a contract to American Water Services Underoround Infrastructure. Inc. in
the amount of $5331030.52 for sanitary sewer line rehabilitation at various locations throughout
the City of Clearwater1 using the City of Largo Agreement For Sanitary Sewer and Stormwater
Inversion Lining Contract dated October 1, 2002 in accordance with Section 2.564 (1 )(d), Code
of Ordinances. (PW)
ITEM #17 - Approve a work order to TBE Group. Inc. (EOR) in the amount of $112.205 for utility
relocation design services being performed in conjunction with the Florida Department of
Transportation's (FOOT) SR 55/US 19 (North of Sunset Point Rd. to South of Countryside Blvd.)
roadway improvement project. (PW)
ITEM #18 - Award a contract to Rockdale Pipeline, Inc. of Temple Terrace, Florida, for the
Harbor Oaks Reclaimed Water Distribution System (01-0054-UT) construction contract in the
amount of $3.488,357.40, which is the lowest responsible bid received in accordance with plans
and specifications. (PW)
ITEM #19- Approve the Grant Award AQreemerit between the Florida Communities Trust and
the City of Clearwater for the Kapok Wetland and Floodplain Restoration Proiect for
management of the property. (PW)
ITEM #20 ~ Authorize the City Attorney to allocate UP to an additional $50,000 in the defense of
the City and James Wood in the case of Palisano v. City, for a total amount of $175,000. (CA)
ITEM #21 - Authorize settlement of Neiswander v. City of Clearwater, a due process case
involving a demolition under the Unsafe Building Abatement Code, in the amount of $25.0.00.
(CA)
Commissioner Gray moved to approve the Consent Agenda as submitted, less .Items
#10 and #13, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
Commission 2003~05-15
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ITEM #10 - Approve the amendments to the FY2002/03 Consolidated Action Plan to reproqram
$269.600 in Community Development Block Grant (CDBG) and HOME Investment Partnership
program funds to activities that conform to the City's Five-Year Consolidated Planning
Document. (ED/HSG)
This program amendment will move funds from projects and activities that originally
were funded in this and prior fiscal years. These funds will be reprogrammed from Economic
Deve~opment and Rehabilitation projects, where the City had additional program income over
actual expenditures, and from the City's Housing Pool, where the City has allocated HOME
Investment Partnership funds, to CSF (Community Service Foundation), which has not identified
a project yet, plus from HOME funds that the City had allocated for New Rental Construction.
This amendment also will allow staff to expend City COSG (Community Development Block
Grant) funds in a more expedient manner in order to meet expenditure and timeliness
deadlines.
Partners in Self-Sufficiency and CHIP (Clearwater Homeless Intervention Program)
received allocations during the FY (Fiscal Year) 2002/03 funding cycle. Partners in Self~
Sufficiency has requested an additional $25,000 to assist with the rehabilitation of the office they
recently purchased using COSG' funds. CHIP has requested 5300,000 in additional funds, of
which the City will allocate 5155,000 in HOME funds to assist with the acquisition and
development of property to allow CHIP to construct a transitional housing facility adjacent to
their current facility, and $50,000 towards the acquisition of property for their operations.
The amendment also allocates $39,600 to the North Greenwood Community Health
Resource Center to provide medical services to the North Greenwood community.
Assistant Housing Director Howie Carroll reviewed proposed changes and said funding
homeless projects is a priority in the Consolidated Action Plan.
Five people spoke in opposition to funding the CHIP request and four people spoke in
support.
Police Chief Sid Klein, president of the CHIP Board of Directors, said Items #10 and #13
address funding transitional housing and the City's annual contribution for operating funds.
CHIP staff has considered other sites. He said the St. Vincent De Paul's Soup Kitchen is
properly zoned and has indicated it will not relocate, even if the Chip facility moves. He said
since the CHIP facility was constructed, with a police substation, neighborhood crime has been
reduced and property values have increased. He encouraged the Commission to continue the
City's 10-year efforts to address community homeless issues.
In response to a question, Police Chief Klein said HEP (Homeless Emergency Program)
primarily helps families and has little emergency shelter space, such as CHIP provides. The
Salvation Army runs CHIP's intervention program, important to stabilize those fresh off the
street. In response to a suggestion, staff will review innovations at a shelter in Naples. Florida.
He said representatives from major cities in the Southeast visit CHIP, as operations used
elsewhere often do not work. The CHIP operation is small, but highly structured. Proposed
funding is conditional on approval of the zoning change proposed for the facility. Mr. Carroll
said the subject funds are earmarked for transitional housing for the h9meless. If the zoning
request fails but CHIP finds another appropriate location, the fund,s will be available for a year.
In response to a question, the City Manager said the Homeless Task Force, an informal
group, has targeted Downtown. Task Force feedback is scheduled for June 14, 2003.
Assistant City Manager Ralph Stone said it'is a coincidence this request for funds is scheduled
Commission 2003.05-15
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for the same meeting as CHIP's funding request. He said approval will not affect future CDS
(Community Development Board) meeting decisions.
Concern was expressed regarding photographs of people sleeping outdoors during the
day. Police Chief Klein said CHIP shelter residents must work all day. Some participate in the
daily outreach program when the shelter is full. Police Officers, responding to calls regarding
vagrancy and similar crimes. revoke perpetrators' CHIP and soup kitchen cards. Some
vagrancy relates to day labor opportunities and bars and convenience stores that sell alcohol.
Police Chief Klein said it is unfair to blame CHIP as the source of neighborhood problems. .
Police Chief Klein said last week he had discussed with the County locating an
emergency shelter in an industrial area, but no funding sources have been identified. An
emergency shelter, which is needed, could augment CHIP's intervention program. . Transitional
housing is the third important phase to move people off the street. He recommended the
Homeless Task Force review locating emergency shelters in industrial areas and work with the
County on that issue. In response to a question, he said Clearwater Police Officers sometimes
transport intoxicated individuals to the Turning Point in S1. Petersburg, the only such shelter in
Pinellas County. Considering the travel time involved, this option is not effective. A similar
facility is needed for northern Pinellas County, but it should not be located near Downtown.
It was stated the Turning Point works with approximately 3,000 clients annually. Police
Chief Klein said many homeless individuals have drug, alcohol, and mental health problems. In
response to a question, the City Manager said the CDS will consider CHIP's zoning request in
July. In response to a question, Mr. Stone did not think tonight's City Commission decision
would unfairly taint COB's ability to reach an independent decision.
It was stated the legislature also needs to address the State's homeless issues.
Concern was expressed the homeless problem is growing. It was stated it is difficult to see a
correlation between services and a reduction in homelessness. As some Tampa homeless
programs are closing, concern was expressed that individuals, once served by other programs,
now will gravitate to ClearWater. Concern was expressed the rights of the homeless sometimes
seem to supercede resident rights. It was recommended the Task Force be a formal body. It
was agreed the County and other municipalities also must help with this issue.
It was reiterated the soup kitchen, a partner of the CHIP program, will remain in its
current location regardless of future CHIP plans. It was noted a homeless facility in the
industrial park only would permit overnight stays for inebriates. Intervention programs, such as
CHIP,also will remain essential.
. Commissioner Gray moved to approve the program amendment to the FY 2002-03
Consolidated Action Plan to reprogram $269,600 in Community Development Block Grarit
(CDBG) and HOME Investment Partnership program funds to activities that conform to the
City's Five-Year Consolidated Planning Document. The motion was duly seconded and
carried unanimously.
ITEM #13 ~ Approve a donation to Clearwater Homeless Intervention Proiect, Inc. (CHIP) for
funding of operations in the amount of $100,000. (PO)
The CHIP (Clearwater Homeless Intervention Program) Shelter opened in April 1998,
and since then has provided a safe overnight facility for homeless persons and essential
support services to help individuals and families begin to improve their lives. The City donated
the first 5100,000 to CHIP in January 1998. At this time, the Police Department is requesting
Commission 2003-05-15
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that the City continue its contribution to the shelter for operational funds, which still are needed
and are essential to CHIP's succes~ful operation.
Three people spoke in opposition to this' item.
It was stated CHIP, a fairly new organization, is increasing fundraising efforts and
working toward self-sufficiency. In response to a question, Police Chief Klein said the CHIP
program cannot force people to remain in the program. If they drop out or deviate from the
program, their CHIP cards will be revoked. Prior to April 1998, the soup kitchen did not require
clients to produce an identification card. It was felt CHIP's efforts are positive. It was suggested
the Task Force consider gifts of property for an emergency shelte!" location. .
Commissioner Jonson moved to approve a donation to Clearwater Homeless
Intervention Project, Inc. (CHIP) for funding of operations in the amount of $100,000. The
motion was duly seconded and carried unanimously. .
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 - Provide direction to the staff for final desiQn elements for Glen Oaks Storm Water
ManaQement Proiect. (PR)
This project is the highest ranked capital project for the Stevenson Creek Watershed
Plan. Approximately 30 citizens expressed their opinions at the August 29, 2002 public meeting
at the Glen Oaks Golf Course. Some concerns related to multi-purpose field lights and noise
from soccer activity on the multi-purpose fields. .
On October 2, 2002, the City Commission authorized Parson Engineering Services, Inc.,
to provide engineering design and permitting services for the Glen Oaks Storm Water
Management Project. The Commission instructed staff, when drawings were 30% complete,' to
hold one more public meeting to illustrate the project's recreation elements. Approximately 50
citizens attended the March 5, 2003 meeting held at 8t. Cecilia's School to display the 300/0
construction drawings. Resident concerns continued regarding multi-purpose fields, noise,
lights, traffic/offsite parking. undesirable activity generated from soccer use, and if additional
multi-purpose fields are needed to serve City residents. According to Outdoor Recreation in
Florida - '2000, the statewide comprehensive outdoor recreation plan, the City would meet the:
minimum standard upon completion of this project. Based on. input received at three public
meetings, staff recommends changes/conditions to the project's recreation elements: 1) Curfew
for multi.purpose field lighting to be 9:00 PM. (Most City facilities are 11 :00 p.m.); 2) Provide
parking for 170 cars. (Typical parking standards for athletic fields are 60 cars per field.); and 3)
Relocate restroom and playground by parking area to mitigate the need to park on the street.
If one or more multi-p'urpose fields are removed from the plan, staff would recommend
removing all recreation elements from the project site for reasons: 1) Removal of eastern most'
. field would leave only one field. That is currently what exists at the David Martin Field site.
which was renovated a little more than one year ago at a cost of approximately $100,000 and
maintains the existing inventory of multi-purpose fields. 2) Reducing the active. play elements of
the park by removing the ~ulti.purpose fields would create. an environment consistent with
Crest Lake Park before recent renpvations occurred. This type of facility would attract
undesirable, illegal, and possibly immoral activity. Active elements bring citizens into the park,
one of the best deterrents against inappropriate behavior. 3) Utilize the recreation element
budget for other recreation needs in the City. .
Commission 2003-05-15
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Parks & Recreation Director Kevin Dunbar said project priorities include stormwater
control, tree preservation (30% were removed for the stormwater project). and recreation
. elements: a) internal trail system connection to the new Druid Road Trail; b) neighborhood
playground; c) restroom to service trail and park amenities; d) two multi-purpose fields; e)
parking; f) blue ways; g) fishing areas; and h) active recreation to discourage illegal or vagrant
activity. Written notification of tonight's meeting was sent to approximately 180 residents who
live within 500 feet of the park.
Recommended plans are: 1) Alternative 1 - incorporates all of the proposed elements
and addresses modifications of concern to the neighborhood and 2) Alternative 2 - ,addresses
neighborhood request to consider moving the eastern multi-purpose field as far west as
possible. Impacts include: 1) removal of 469 feet of mature live oak and sweetgum trees (none
is a specimen tree); 2) fields will flood more frequently; and 3) less natural process for water
quality treatment with removal of wet pond between fields. Mr. Dunbar said staff prefers
Alternative 1. which would retain trees but locate the eastern field closer to the homes.
Five people spoke in opposition to the inclusion of two multi-purpose fields in the project.
Loren Westenberger stated he is an arborist and had determined some trees scheduled for
. removal under Alternative 2 are of specime'n quality.
In response to a question, Mr. Dunbar said according to the statewide comprehensive
outdoor recreation plan, 18 multi-purpose fieids are necessary to meet the standards for a
community the size of Clearwater and this project gives us the opportunity to get there. He
reviewed recommendations in the statewide comprehensive outdoor recreation plan, stating
the City is deficient by 11 fields, when non-resident use is considered. The multi-purpose
fields will, be fenced indepefldently and their use will be reserved and access coordinated
with, the Parks & Recreation Department. . Users are provided keys as part of the use 0
agreement in accordance with their permits. If violated, the keys will be returned. Staff
will maintain the park and roving staff will. check the site several times 'a \veek. The City is
working with Pinellas County and the City of Safety Harbor to add two multi-purpose fields
in Countryside and five more at the Joe DiMaggio facility, however, funding sources have.
not been secured. City Engineer Mike Quillen said storm water funds are reimbursing the
Parks & Recreation Department for this land and providing in-kind service to install the
fields, fishing areas, parking spaces, etc.
In response to a question regarding the implications of not lighting the eastern field,
Mr. Dunbar said Florida's prime soccer season is between October and February, when the
sun sets early. Without lights, the fields would be unusable during peak times and the
,p'roject would not be worth doing. Mr. Dunbar said the proposed fields will be of standard
size for youth and adult use.
Concern was expressed at least one of the affected trees in Alternative 2 is of
specimen quality. Mr. Dunbar reported, Land Resource Specialist Rick Albee and' Senior
Landscape Architect Tim Kurtz, both arborists, had determined none of the subject trees is
of specimen quality. , It was recommended Alternative 2 be adopted and the largest and
most unique tree be relocated to the north. Mr. Quillen said the park's ingress/egress
cannot bOe moved, as it is located at the median cut on Court Street. Opposition was
expressed to cutting down the stand of trees necessary for construction of 'Alternative 2.
In response to a question, Mr. Dunbar said constructing only one field on-site, while
retaining the David Martin field, would create a dangerous situation, as Court Street, an
increasingly busy road, would separate the fields. The restrooms will be located on the
Commission 2003~05-15
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Glen Oaks site. Discussion ensued regarding the proposed lighting for the fields and Mr.
. Dunbar said the lights will be shielded to capture adequate lighting on the field and avoid
light spillover into adjacent neighborhoods. Lights at David Martin are not shielded, as the
field does not abut a residential neighborhood. In response to a question, Mr. Quillen said
if this were only a stormwater project, without multi-purpose fields and other park
amenities. there would be no requirement to fence the entire property. In response t~ a
question, Mr. Westenberger estimated moving a large tree would cost approximately
$ 50,000 to $60,00 and noted he has not lost a tree due to removal.
In response to a ,question, Mr. Dunbar said approximately 82% of Parks &
Recreation Department sport participants live in the City of Clearwater, Pinellas Co~nty, or
the City of Safety Harbor. Rent charged for field use helps offset some maintenance ano
utility costs. The project is designed to meet compliance issues, not generate money.
Concern was expressed the 9:00 p.m. curfew for the field lighting could be changed in the
future. Mr. Dunbar said this concern could be addressed in the motion.
In response to a question, Mr. Quillen reviewed probable traffic flow patterns
around the park, noting few people know how to access the site via back roads. The City
Manager, said if the project moves forward, Traffic Operations Manager Paul Bertels will
. review traffic patterns so that the City can be proactive in influencing how traffic behaves
in the neighborhood. The City is doing other things in the area. regarding traffic calming.
It was noted few new locations for multi-purpose fields exist in Clearwater. It was
stated the City Commission had directed staff to identify options to meet the statewide
comprehensive outdoor recreation plan. The importance of partnering with Safety Harbor,
Pinellas County, and Pinellas County School Board for recreational needs was noted. It
was felt due to the location of these fields, few non-residents will. use them. It. was felt
this project wil! improve the surrounding neighborhood,. making it more vibrant. It was
stated decisions must be based on the interests of the entire City. The efforts of staff to
meet neighborhood concerns were reviewed and include mitigating traffic concerns,
providing directional lighting, saving trees, providing a significant number of parking places,
,relocating the playground and restrooms~ etc. Mr. Dunbar said there are 145 lighting
systems in the City, with many facilities abutting residential areas. Typical complaints
reference lights left on after 11 :00 p.m.
It was felt the eastern field in Alternative 1 is too close to nearby residences. It
vvas suggested Alternative 2 would be acceptable if the largest tree or two are relocated.
It was stated condon~inium residents who live adjacent to the Countryside Recreation
facility, have indicated the Little League fields are a pleasant diversion and the park
provides amusement and leisure activities. It was felt nearby residents soon will enjoy the
new Glen Oaks recreation facility. It was felt it is important to save the most trees
possible.
Commissioner' Hamilton moved t.o direct staff to proceed with Alternative 1 for the.
Glen Oaks Storm Water Management Project with the following recreation elements: internal
1rail system; connection to Druid Road trail; two full-size multi-purpose fields located to preserve
the tree canopy: field lighting to be turned off at 9:00 p.m.; parking provided for 170 vehicles;
and restrooms and playground relocated to proximity .of parking area. The motion was duly
seconded. Commissioners Gray, Hamilton. and Hibbard and Mayor Aungst voted "Aye'.;
Commissioner Jonson voted IINay." Motion carried.
Commission 2003':'05-15
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The City Manager stated only staff who are certified arbcrists determine if trees are of
specimen quality. (t was requested a staff arborist attend future meetings when trees are an
issue. '
ITEM #23 - Adopt Res. No. 03-23 reoardinq fien releases for Sand Key special assessment
payoffs received from October 1, 2000 through March 31, 2003. (FN)
The City Commission of the City of Clearwater has heretofore established the City of
Clearwater Special Assessment District #95-01 (the 'IDistrict") and levied such special
assessments (the "Assessments") by Resolution #95-70, dated, September 7, 1995, and
recorded in the Public Records of Pinellas County, in Official Record Book 9193, Pages 1717
through 1767. The City of Clearwater has collected payment for some of those assessments
and desires to satisfy and release said assessments. The City Commission of the City directs
the City Clerk to provide copies of this resolution to the property appraiser, tax collector, and the
Florida Department of Revenue.
Commissioner Jonson moved to approve the lien releases for Sand Key special
assessment payoffs received from October 1, 2000 through March 31, 2003 and that the
appropriate officials be authorized to execute same. The motion was duty seconded arid
carried unanimously.
Resolution #03-23 was presented and read by title only. Commissioner Hamilton moved
to pass and adopt Resolution #03-23 and authorize the appropriate officials to. execute same.
The motion was duly seconded and upon roll.call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
,ITEM #24 - IAFF (International Association of Firefiohters) Union Neqotiations Update. ,
Human Resources Director ,Joe Roseto stated in the past two weeks. the City has met
twice with union representatives. The unions have agreed to consider the City's request that
they present the proposed three-year packages to their members for ratification votes. A
federal mediator will participate in the next meeting, scheduled for May 19, 2003. The City will
continue to negotiate to reach an agreement.
ITEM #25 - Other PendinQ Matters:
The City Manager reported the Homeless Task Force will meet on June 10, 2003, and
present its report to the Commi~sion on July 14, 2003.
CITY ATTORNEY REPORTS
ITEM #26 - Other City Attorney Items - None.
ITEM #27 - City Manaqer Verbal Reports
The City Manager reported the Public Communications Department had won a 15t place
award for C-View's United Way video. .
Assistant City Manager Garry Brumback reported Heritage Village has no interest 'in
relocating to the park the railroad station offered by Fred Thomas. Heritage Village will be in
, ,
Commission 2003-05-15
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touch with Pinellas County regarding possible use of the building as a Trail Head. The City has
no nearby properties available for this structure's relocation.
Tom Sehlhorst requested consideration of fees in order for him to relocate the railroad
station onto his property. Mr. Brumback said that request would not be prudent and
recommended Mr. Sehlhorst contact Mr. Thomas regarding this issue.
The City Manager will send a letter to Mr. Thomas, declining his offer.
The City Manager said in the morning, he and Mr. Brumback will return to the FCCMA
conference in Daytona Beach. where discussions reflect City efforts to diversify and recognize
quality of life issues.
ITEM #28 - Commission Discussion Items - None.
ITEM #29 - Other Commission Action
Commissioner Hibbard said he had visited Paul B. Stephens School and was impressed
with college students he had met who are preparing for a bikeathon from Miami to Tallahassee
to bring attention to the needs of the disabled. '
Commissioners Hibbard and Hamilton. and Mavor Aunost complimented Commissioner
Gray and Judv Melqes for their efforts at making last week's Library Foundation fundraiser a
nice event and a success.
Commissioners Hibbard and Hamilton said last week they had attended the Fraternal
Order of Police Lodge #10 memorial service for fallen officers.
Commissioner Hibbard invited residents to participate in the American Cancer Society
Relay for Life 18-hour walkathon on May 16,2003 at the Long Center beginning at 7:00 p.m.
Commissioner Gray and Mavor Aunqst wished Commissioner Hibbard a happy birthday.
Commissioner Gray thanked all who had attended the April 3D, 2003 Library Foundation
fundraiser and thanked Judy Melges, the Commissioners, and their spouses for their
participation. She estimated approximately $7,500 was raised.
Commissioner Gray congratulated her daughter, Kaylee, as she prepares to move from middle
school to the IB (International Baccalaureate) program at Palm Harbor University High School.
Commissioner Jo~ expressed concern proposed legislation would negatively affect
Tampa Bay Water and presented a resolution for consideration.
Resolution #03-26 was presented and read by title only. Commissioner Gray moved to
pass and adopt Resolution #03-26 and authorize the appropriate officials to execute same. The
motion was duly seconded and upon roll call, the vote was:
"Ayesll; Gray, Hamilton, Jonson, Hibbard, and Aungst.
ltNaysll: None.
Commissioner Jonson recommended the' City continue to monitor proposed legislation'
that would increase City court filing fees. He reported new legislation would allow condominium
Commission 2003-05-15
11
. Mayor Aunost commended Commissioner Hibbard for his signiffcant efforts related to
Relay for Life events.
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owners, in structures taller than 75 feet, to opt out of sprinkler requirements by a 2/3 vote of unit
owners. Another blll passed may exempt FDOT (Florida Department of Transportation) from
19cal regulations, but the language is unclear.
Commissioner Jonson congratulated Mimi Farley of the Clearwater Regional Chamber
of Commerce for receiving at the Travel Luncheon the 1st award for supporting the tourist
industry by going beyond the call of duty.
Commissioner Jonson said the FOOT Secretary had approved designation of the
Courtney Campbell Causeway as a Scenic Highway. He quoted Ansel Adams regarding the
importance of beauty to the quality of life.
Commissioner Hamilton said he had attended the recent annual Boys and Girls Club
Dinner. . The dinner was hosted at Ruth Eckerd Hall, and took place in north county for the first
time in 44 years.
Commissioner Hamilton congratulated E.B. Bower of the Clearwater Regional Chamber
of Commerce for her efforts to promote the area during a recent meeting of the Central Florida
Concierge Association. .
Mayor Aunost thanked Commissioners for representing him at recent events while he
was on vacation.
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Mayor Aunost said on May 14, 2003, he had participated in a panel discussion at the
Tradewinds Hotel for Leadership Pinellas regarding tourism in Pinellas County.
Mayor Aunost said this morning he and other Commissioners had attended the grand
opening of Costco at the former Clearwater Mall.
Mayor AunQst anDounced the Regional Chamber of Commerce's annual' golf tournament
will be held on May 16, 2003 at the Belleview Biltmore.
. Mayor Aunost said he will participate in the Tampa Bay Partnership's Annual Leadership
Conference in Sarasota on May 21 - 22.2003.
Mavor AunQst invited residents to participate in the kick-off of the Kids Wish Network
fundraiser on May 31, 2003 at 9:00 a.m. at the Safety Harbor Spa.
Mavor Aunost announced the next Work Session is scheduled for June 2. 2003 at 9:00 8.m.
ITEM #30 - Adiournment
The meeting adjourned at 9:06 p.m.
Mayor-Commis ner
City of CleafWa er
. ~st:. ~ r/ '1 .
. . 7ut.Wt- kttUA-<t/
.~ad.CiIY CI .
Commission 2003-05-15
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