08/07/2003 (2)
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'COMMISSION.
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ACTION AGENDA - CLEARWATE~ CITY COMMISSION MEETING
Thursday, August 7, 2003 - 6:00 P.M. ~ Commission Chambers
1. Invocation - Commissioner Hibbard
2. Pledqe of Alleqiance - Mayor
3. Introductions, Awards and Presentations ~ Given
a) 2003 State Legislative Wrap-Up - Representative Kim Berfield ,
b) Florida State USSSA State Championship Winners - Clearwater Heatwave 10 - U Boys.
c) Clearwater Little League Majors Division All Star Team for winning District 12 Champio'nship.
d) proclamation: Clearwater Fire Fighters Appreciation Week - August 11~15, 2003.
4. Approval of Minutes - 7/17/03
,ACTION: Minutes approved as submitted.
5. Citizens to be heard re items not on the Aqenda:
John Dorar'1 said the new bridge span now seems to be near level and he is glad physics
and the roundabout still work. .
Edward Hopwood, representing the Pinellas County Dental Association, requested the
Commission reconsider its decision and support the addition of fluoride to County water.
,Suzanne Boshan and Marcia Lambert spoke against closing the beach library and Ms.,
Boshan presented a petition in opposition to that proposal.
PUBLIC HEARINGS
6. Public Hearinq & First Readinq Ord. 7164-03 - Approve the applicant's request to vacate a
drainaqe and utilitv easement and a sanitary easement portion, both more particularly described
in Exhibit "All attached. (V2003~09 KB Home Tampa, LLC) ,
ACTION: Approved. Ordinance passed 1st reading. "
7. Public Hearinq & First Readinq Ord. 7165-03 - Approve the applicant's request to vacate
Penmar Drive riqht-of-wav from the easterly right-of-wav line of Bayview Avenue to the easterly
terminus of Penmar Drive riqht-of-wav. and retain a drainage and utility easement over the
entire width of the right-of-way to be vacated. (V2003-.10 Our Lady of Divine Providence) ,
ACTION: Approved. Ordinance passed 1st reading. '
8. Declare as surplus for the purpose of qranting a perpetual Utilitv Distribution Easement to
ProQress EnerQV Corporation ("Grantee") a'10-foot'wide Easement Area defined as lying 5
feeteach side of Grantee's facilities to be installed at mutually agreed upon locations over,
across and through a portion of the SE 1/4 of the SW 1/4' of Section 08-29-16, as more
specifically described in said Utility Distribution Easement.
ACTION: Approved.
Public Hearing - Second Reading Ordinances
9. Ord. 7100-03 - Amend See 22.82 Special Events Applications relating to insurance
requirements.
ACTION: Ordinance adopted.
10. Ord. 7123-03 - Adopt the restatement of the City of Clearwater Money Purchase Plan
document.
ACTION: Ordinance adopted.
Commission Action Agenda 2003-08-07
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11. Ord 7140-03 - Approve the applicant's request to vacate the W399.78' of the 50-ft railroad
easement Iyinq along the South property line of Lot 15. Clearwater Industrial Park. (A. K.A. 1555
Sunshine Drive), and dedicate a 10' water line easement proposed to be located adjacent to the
South property line of the W399.78' of said Lot 15. V2008-03 (City of Clearwater/Clearwater
Industrial Park)
ACTION: Ordinance adopted.
12. Ord. 7143-03 - Approve the petition for Annexation of property located at 2040 Ranqe
Road, a portion of Lots 9 and 10 of Pinellas Groves'in See 12-29-15. ANX2003-04008
(Colontonio's Fine Foods, Inc.)
ACTION: Ordinance adopted.
13. Ord. 7144-03 - Approve a Land Use Plan Amendment from County Industrial Limited (IL) to
City Ind'Jstrial Limited (IL) for 2040 Ranqe Road, a portion of Lots 9 and 10 of Pine lias Groves in
Sec 12-29-15. ANX2003..04008 (Colontonio's Fine Foods, Inc.)
ACTION: Ordinance adopted.
14. Ord. 7145-03 - Approve a Zoninq Atlas Amendment from the County M-1. Liqht
Manufacturinq and Industry. to City IRT, Industrial. Research & TechnologY-District for 2040
Ranqe Road, a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008
(Colontonio's Fine Foods, Inc.)
ACTION: Ordinance adopted.
15. Ord. 7146-03 - Approve the petition for Annexation for 2500 Sunset Point Road, Lot 41,
Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert L. and Marcia A. Warren)
ACTION: Ordinance adopted. . .
16. Ord. 7147-03 - Land Use Plan Amendment from County Commercial General (CG) to City
Commercial General (CG) for 2500 Sunset Point Road, Lot 41, Skyline Groves in Sec 06-29-16
ANX2003-04009 (Robert L. and Marcia A. Warren)
ACTION: Ordinance adopted.
17. Ord. 7148-03 - Zoninq Atlas Amendment from the County C-1. Neiqhborhood Commercial
District. to the City C, Commercial District for 2500 Sunset Point Road, Lot 41, Skyline Groves
in Sec 06-29-16. ANX2003-04009 (Robert L. and Marcia A. Warren)
ACTION: Ordinance adopted.
18. Ord. 7154-03 - Repeal Ord. 7015-02. which amended paraqraph (9) of Chapter 33. Section
33.067 of the Code of Ordinances adding a new designated slow-down minimum wake zone
off Marina Del Rey and Isle of Sand Key.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
19. Approval of Purchases per Purchasing Memorandum:
a) Fleet Products, Inc., Tampa, Florida for a purchase contract for vehicle replacement parts
during the contract period: 10101/03 through 06/07/04 for $150,000. GS/SW
b) Florida Department of Transportation, Tampa. Florida, ,Change Order for utility relocation
construction ror $224,521.40 an increase of $24,521.40. PW/ENG '
ACTION: Approved.
Commission Action Agenda 2003-08-07
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20. Award a contract to Briqqs Equipment, Rivera Beach. Florida, in the amount of $39,641 for
the purchase of one (1) New Case 588G Forklift in accordance with Section 2.564(1 )(d), Code
of Ordinances - Florida State Contract #760-001-03-1. (CGS) ,
ACTION: Approved.
21. Approve a Post-Closinq Aqreement between Home Depot U.S.A., and the City of
Clearwater to amend the amount of time to purchase materials for the Community Sports
Complex project and qualify for the return of $75,000 of the purchase price for the Home Depot
building acquisition. (PR)
ACTION: Approved.
22. Accept a 4.033 square foot. MOL, Sanitary Easement conveyed by Morton Plant Hospital
Association. Inc. on June 2, 2003, over and across a portion of the NE 1/4, of the NE 1/4 of
Section 21:"29-15. (PW)
ACTION: Approved.
23. Approve the final plat for UBrightwater Cove" located on BriQhtwater Drive approximately
400 feet east of the intersection of Harnden Drive and Brightwater Drive. (PW)
ACTION: Approved. '
24. Accept a 701 square-foot, MOL. perpetual Riqht-of-Way and Utilitie's Easement qranted by
the School Board of Pinellas County, Florida, conveyed for $1 and other consideration, over
and across a portion of the SE 1/4 of the NE 1/4 of Section 11-29-15. (PW)
ACTION: Approved.
, 25. Accept a 57 square-foot. MOL. perpetual Riqht-of-Way and Utilities Easement qranted by
George S. and Margaret R. Bryant, conveyed for $2,200 and other consideration over and
across a portion of Lot 90, Ambleside Subdivision 2nd Addition. (PW)
ACTION: Approved.
26. Accept a Water, Sanitary and Utilities Easement from Gary G. Halverson. Inc., conveyed
for $1 and other consideration, over and across portions of Lot 1, Loehmann's Plaza. (PW)
ACTION: Approved.
27. First Readinq Ord. 7182-03 to approve amendment to Chapter 51. Section 51.08 of the
Code of Ordinances to provide for the use of newly released flood insurance rate maps. (PW)
ACTION: Approved. Ordinance passed 1 st reading.
28. Adopt Res. 03-27 authorizina the City to enter into an aqreement with CSX Transportation. '
Inc., for installation of 472 feet of 54-inch storm pipe and 52 feet of twin 50-inch x 3~-inch box
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culvert in the CSX right-of-way, and approve Pipeline Crossing Agreement No. CSX-045328 at
a cost of $12,240. (PW)
ACTION: Approved. Resolution adopted.
29. Appoint one member to the Environmental Advisory Board (ORLS)
ACTION: Appointed Judy McSwine.
30. Update, re: IAFF Neqotiations - None.
. 31. Other PendinQ Matters - None.
Commission Action Agenda 2003-08-07
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CITY ATTORNEY REPORTS
32. Other City Attorney Items
a) Amend the FY02-03 Professional Services budget for the City Attorney's Office to add
$50,000 for a total of $325;000. (CA) ,
ACTION: Approved.
32. City Manager Verbal Reports - None.
33. Commission DiSCUSSIon Items: ,
a) Proposed Amendment to Florida League of Cities; Charter.
ACTION: Recommended opposing the amendment.
b) Florida League of Cities Officers Election (Board of Directors).
ACTION: Reviewed slate.
c) Reconsideration of the Old Bay Character District South Transition.
ACTION: Approved reconsideration of action taken at August 5,2003 meeting AND
Approved area north of Drew Street, east of Clearwater Harbor, south of Jones Street and
west of N. Ft. Harrison Avenue to be designated as part of the Old Bay Character District
with building heights limited to 150 feet and a FAR limit of 0.5.
d) Countryside Cougar Article
ACTION: Consensus to support Commissioner Hibbard writing an informational colUlnn
for the Countryside Cougar. Ask if any interest in rotating among Commission members.'
34. Other Commission Action:
Hibbard said he recently visited the Phillies Stadium/Community Sports Complex and
reported the project is coming along well.
Hibbard said he had enjoyed attending the groundbreaking for the new Northwest Fire
Station, '
Hibbard welcomed back Bob Bickerstaffe to the audience.
Hibbard sent prayers and good wishes for the recovery of Art Kader; who is hospitalized.
Gray and Hamilton said school is back in session and reminded residents to drive carefully
and observe school zone speed limits.
Jonson said he had enjoyed last week's Chamber legislative breakfast.
Jonson said the legislative session will start soon and encouraged work on the City;s
legislative agenda begin. .
Jonson encouraged Commissioners to attend next Thursday's advocacy committee meeting
at the Florida League of Cities conference_
Commission Action Agenda 2003-08-07
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Jonson said on 7/28/03 he had joined the Economic Development team at the offices of
Great Companies LLC, an investment organization.
Jonson reported a US 19 construction update meeting is scheduled at Countryside Mall at .
8:00 a.m; on 8/20/03.
Jonson recommended residents act like tourists and eat at a bea'ch restaurant.
Jonson asked residents to remember to pick up litter so we have a Sparkling Clearwater.
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Hamilton apologized for the delay of the Commission's ,return from Philadelphia, which
resulted in cancellation of last Monday's Work Session. .'
Hamilton wished his wife a happy anniversary in July and a happy birthday in August.
Hibbard wished his wife a happy birthday
Aunqst requested those with questions related to school "choice" to please contact Pinellas
. County Schools.
. AunQst said he enjoyed last weekend's trip to Philadelphi~ with the Chamber of Commerce
and visiting the Phillies new stadium, where he announced one inning of the ballgame on local
radio and discussed ClearWater., '
Aunqst reported the grand opening of the Chick-Fil~A on Gulf-to-Bay Boulevard is scheduled
for 8/14/03.
Aunqst announced a Special Budget Work Session is scheduled for 8/19/03 at 9:00 a.m.
AunQst expressed condolences to Duke Tieman on the loss of his daughter.
Aungst reported the next Work Session is scheduled for 8/18/03 at 9:00 a.m.
35. Adiournment - 7:12 p.m.
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Commission Action Agenda 2003-08-07
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CITY COMMISSION MEETING
CITY OF CLEARWATER
AU9ust7,2003
Present: Brian J. Aungst
Hoyt P. Hamilton
Whitney Gray
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Vice-Mayor/Commissioner'
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
'Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Hibbard
offered:the invocation. The Mayor led the Pledge of Allegiance.,
3. Introductions. Awards and Presentations
a) 2003 State Legislative Wrap-Up - Represe,ntative Kim Berfield
Representative Kim Berfield reviewed legislative issues addressed this year. The Mayor
presented her with a plaque in appreciatio,n of work done during the 2003 legislative session'.
b) Florida State USSSA State Championship Winners - Clearwater Heatwave10 - U Boys.
The Commission recognized team' members for winning the Florida State USSSA State
Championship. ' '.
c) Clearwater Little League Majors Division All Star Team for winning District 12 Championship.
, The Commission recognized team members for winning the District 12 Championship.
d) Proclamation: Clearwater Fire Figbters Appreciation Week - August 11-15. 2003.
4. Approval of Minutes
Commissioner Hamilton moved to approve the minutes of the regular meeting of.July 17,
2003, as recorded and revised by'the City Clerk and submitted to each Commissioner. The
motion was duly seconded and carried unanimously.
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5. Citizens to be heard re items not on the Aaenda:
John Doran said the new bridge span no"., seems to be near level and he is glad physics
and the roundabout still work.
Commission 2003-08.;.07
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Edward Hopwood. representing the Pinellas County Dental Association, requested the
Commission reconsider its decision and support the addition of fluoride to County water. '
Suzanne Boshan and Marcia Lambert spoke against closing the beach library and Ms.
Boshan presented a petition in opposition to t~at proposal.
PUBLIC HEARINGS
6. Public Hearinq & First Readinq Ord. 7164-03 - Approve the apolicanfs request to vacate a
drainaqe and utility easement and a sanitary easement portion located on Lot 1. Bradford Court.
(V2003-09 KB Home Tampa, LLC)
The subject property is in the process of being replatted and is to be developed into an
80-lot development to be known as Waterford Townhomes. The drainage and utility easement
was created in 1978 to provide a retention pond for treatment of runoff from an adjacent
property. The applicant has designed a new stormwater system for the subject property that will
continue to handle the runoff from the a9jacent property in a manner that mee1s all City and
State permitting requirements.
The 15-foot sanitary easement portion to be vacated is located approximately 5-feet
west of the existing sanitary sewer line the easement was created to protect. The applicant will
dedicate a new 15-foot sanitary easement centered over the existing sanitarY sewer. The'
Planning Department has issued a Development Order ~pproving the proposed townhouse
development and has no objections to the vacation request., Progress Energy, Bright Houset .
Verizont and Verizon Media Ventures have no objections to the vacation request. Public Works
Administration has no objections to the vacation request.
Commissioner Hamilton moved to approve the applicant's request to vacate a drainage
and utility easement and a sanitary easement portion located on Lot 1 t Bradford Court. The
motion was duly seconded and carried unanimously.
Ordinance #7164-03 was presented for first reading and read by title only.
Commissioner Jonson moved to pass Ordinance #7164-03 on first reading. The motion was
duly seconded and upon roll callt the vote was:
ltAyeslt: Gray. Hamiltont Jonson. Hibbardt and Aungst.
"Nays": None.
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.7. Public Hearinq & First Readinq Ord. 7165-03 - Approve the apolicanfs request to vacate
Penmar Drive riqht-of-wav from the easterly riqht-of-way line of Bavview Avenue to the easterlv
terminus of Penmar Drive right-of-wav. and retain a drainage and utility easement over the
entire width of the right-of-way to be vacated. (V2003-10 Our Lady of Divine Providence)
The applicant is seeking the'vacation in order to incorporate the vacated street portion
into the property to help facilitate future redevelopment of the site: The applicant owns all of the
property adjoining Penmar Drive and no property will lose access to,a street as a result of the
vacation. The Planning Department has no objections to the vacation request. Bright House "
Commission 2003-08-07
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has no objections to the vacation request. Progress Energy, Verizon, and Verizon Media
Ventures have no objections to the vacation' request provided that 'a utility easement is retained.
The 'City has a 4-inch water line, a 2-inch gas line, and an 8-inch sanitary line in the
subject right-of-way portion. Public Works Administration has no objections to the vacation
request as long as a drainage and utility easement is retained over the full width of the right-of-
way.
Commissioner Gray moved to approve the applicant's request to vacate Penmar Drive
right-of-way from the easterly right-of-way line of Bayview Avenue to the easterly terminus of
Penmar Drive right-of-way, and retain a drainage and utility easement over the entire width of
the right-of-way to be vacated. The motion was duly seconded and carried unanimously.
Ordinance #7165-03 was presented for first reading and read by title only.
Commission'er Hibbard moved to pass Ordinance #7165-03 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
. "Nays": None. '
8. Declare as surplus for the purpose of qrantinq a perpetual Utility Distribution Easement to
ProQress EnerQY Corporation ("Grantee") a 10-foot wide Easement Area defined as lying 5
feet each side of Grantee's facilities to be installed at mutually agreed upon locations over,
across and through a portion of the SE 1/4 of the SW 1/4 of Section 08-29-16, as: more
specifically described in said Utility Distribution Easement.' '
Two new ball fields an.d amenities that will replace the old Chesapeake Park field and
the former Bomber Stadium field are under construction on a five-acre' site on Drew Street,
immediately west of Eisenhower School. Much of the ball field complex, known as Eddie C.
Moore 8 & 9, is being developed by City staff from Engineering, Public Works, and the Parks
and Recreation Department. ,The entire project is scheduled for completion by December 2003.
Progress Energy will deliver electrical service for the lighting systems and all of the
electrical equipment serving the Eddie C. Moore 8 & 9 ball fields complex. The subject Utility
Distribution Easement grants Progress Energy easement and authority 5 feet each side of all of
its distribution lines throughout the project in order to facilitate installation, maintenance, andt if
necessary, future relocation of such facilities as may be mutually agreed upon between the City
and Progress Energy.
Commissioner Hamilton moved to declare as surplus for'the purpose of granting a
perpetual Utility Distribution Easement to Progress Energy Corporation (tlGrantee") a 10:-foot
wide Easement Area defined as lying 5 feet each side of Grantee's facilities to be installed at
mutually agreed upon Iqcations .overt across and through a portion of the Southeast 1/4 of the
,Southwest 1/4'of Section 8, Township 29 South, Range 16 East, as more specifically described
in'said Utility Distribution Easement. The motion was duly se,conded and carried unanimously.
Commission 2003-08-07.
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Public Hearing - Second Reading Ordinances
9. Ord. 7100-03 - Amend See 22.82 Special Events Applications relating to insurance
requirements.
, Ordinance #7100-03 was presented for second reading and read by title only.
Commissioner Jonson moved to pass and adopt Ordinance #7100-03 on second and final
reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Gray. Hamilton. Jonson, Hibbard, and Aungst.
"Naysll: N,one.
10. Ord. 7123-03 - Adopt the restatement of the City of Clearwater Money Purchase Plan
document.
Ordinance #7123-03 was'presented for second reading and read by title only.
Commissioner Gray moved to pass and adopt Ordinance #7123-03 on second 'and final
reading. The motion was duly seconded and upon roll call"the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Naysll: None.
11. Ord 7140-03 - Approve the applicant's request to vacate the W399.78' of the 50-ft railroad
, easement lying alonq the South property line of Lot is, Clearwater Industrial Park, (A.K.A. 1555 '
Sunshine Drive), and dedicate a 10' water line easement proposed to be located adjacent to the
South property line of the W399.78' of said Lot 15. V2003-08 (City of ClearWater/ClearWater
Industrial Park) , ,
Ordinance #7140-03 was presented for second reading and read by title only.
Commissioner Hibbard moved to pass and adopt Ordinance #7140-03 on second and final
reading. The motion was duly seconded and upon 'roll call, the vote was:
"Ayes": Gray, Hamilton. Jonson, Hibbard, and Aungst.
"Nays": None. .
12. Ord. 7143-03 - Approve the petition for, Annexation of property located at 2040 Range Road
at 'a portion of Lots 9 and 10 of Pinellas Groves in See 12-29-15. ANX2003-04008 (Colontonio's
Fine Foods, Inc.)" '
Ordinance #7143-03 was presented for second reading and 'read by. title only.
Commissioner Hamilton moved to pass and adopt Ordinance #7143-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayesll; Gray, Hamilton, Jons~n. ~ibbard, and Aungst.
"Nays": None.
Commissi'on 2003-08-07
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13. Ord. 7144-03 - Approve a Land Use Plan Amendment from County Industrial Limited (IL) to
City Industrial Limited (IL) for 2040 Ranoe Road. at a portion of Lots 9 and 10 of Pinellas
Groves in Sec 12-29-15. ANX2003-04008 (Colontonio's Fine Foods, Inc.)
Ordinance #7144-03 was presented for second reading and read by title only.
Commissioner Jonson moved to pass and adopt Ordinance #7144-03 on second and final
reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Gray. Hamilton. Jonson. Hibbard. and Aungst.
"Nays": None.
14. Ord. 7145-03 - Approve a Zoninq Atlas Amendment from the County M-1. Liaht
Manufacturino and Industrv. to City IRT, Industrial. Research & TechnoloQY District for 2040
Ranoe Road, at a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008
(Colontonio's Fine Foods. Inc.)
, Ordinance'#7145-03 was presented for second reading and r~ad by title only.
Commissioner Gray moved to pass and adopt Ordinance #7145-03 on second and final
reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Gray. Hamilton. Jonson. Hibbard. and Aungst.
"Nays": None.
15. Ord. 7146-03 - Approve the petition for Annexation for 2500 Sunset Point Road at Lot 41,
Skyline Groves in See 06-29-16. ANX2003-04009 (Robert L. and Marcia A~ Warren) ,
Ordinance #7146-03 was presented for second reading and read by title only.
Commissioner Hibbard moved to pass and adopt Ordinance #7146-03 on second and final
reading. The motio'n was duly seconded and upon roll call, the vote was:
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"Ayes": Gray, Hamilton. Jonson. Hibbard, and Aungst.
"Nays": None.
16. Ord. 7147-03 - Land Use Plan Amendment from County Commercial General lCG) to City
. Commercial General (eG) for 2500 Sunset Point Road at Lot 41. Skyline Groves in Sec 06-29-
16 ANX2003-04009 (Robert L. and Marcia A. Warren)
Ordinance #7147-03 was presented for second reading and read by title only.
Commissioner Hamilton moved to pass and adopt Ordinance #7147-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
, "Ayes": Gray, Hamilton, Jonson, H,ibbard, and Aungst. '
"Nays": None.
Commission 2003.08-07
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17. Ord. 7148..03 - Zoninq Atlas Amendment from the County C-1. Neiqhborhood Commercial
District, to the City C. Commercial District for 2500 Sunset Point Road at Lot 41, Skyline Groves
in See 06-29-16. ANX2003..04009 (Robert L. and Marcia A. Warren)
Ordinance #7148-03 was presented for second reading and read by title only.
Commissioner Gray moved to p~ss and adopt Ordinance #7148-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Nays": None.
18. Ord. 7154-03 - Repeal Ord. 7015-02. which amended paraQraph (9) of Chapter 33. Section
33.067 of the Code of Ordinances adding a new designated slow-down minimum wake zone
off Marina Del Rey and Isle of Sand Key.
Ordinance #7154-03 was presented for second reading and read by title only.
Commissioner Jonson moved to pass and adopt Ordinance #7154-03 on second and final
reading. The motion was duly seconded and upon roll call, the vote was: '
"Ayes": Gray, Hami1~on, Jonson, Hibbard, and Aungst.
"Nays": None.
CITY MANAGER REPORTS
19. Approval of Purchases perPurchasinq Memorandum:
a) Fleet Products, Inc., Tampa, Florida for a purchase contract for vehicle replacement parts
during the contract period: 10/01/03 through 06{07/04 for $150,000. GS/SW
b) Florida Department of Transportation, Tampa, Florida, Change Order for utility relocation
, construction for $224,521.40 an increase of $24,521.40. PW/ENG
. In response to a question, regarding utility relocation, City Engineer Mike Quillen said
the City is paying costs to relocate only sanitary sewer and water lines.
In response to a question, Mr. Quillen reported the FOOT (Florida Department of
Transportation) resurfacing road project on Alternate US 19 (Ft. Harrison Avenue) from Largo
north to Drew Street is scheduled for completion at the end of October. An extension has been
granted so that work to resurface the section north from Drew Street to Dunedin will begin in
January 2004. It was requested staff review with FOOT the paving project on Alternate US 19
north from Drew Street and its possible impact on Spring Break traffic. '
Commissioner Hamilton moved to approve the Purchases per the Purchasing
Memorandum and the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously. .
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20. Award,a contract to Briqqs Equipment, Rivera Beach, Florida, in the amount of $39.641 for
the purchase of one (1) New Case 588G Forklift in accordance with Section 2.564(1 )(d), Code
of Ordinances - Florida State Contract #760-001-03-1. (eGS)
This is an additional Forklift to be added to the Fleet to meet increased operational
safety requirements in support of Clearwater Gas System operations. Over the last ten fiscal
years, Clearwater Gas System has expanded its customer base from 11,256 to 16.792
customers and expanded into Pasco County. With this rapid expansion and increased
profitability, Clearwater Gas System has ordered material, LP Tanks, and appliances in larger
quantities to reduce costs and increase profitability. Our current 3,000-pound capacity forklift no
longer meets operational or safety requirements. The new Case 588G, 8tOOO-pound capacity
forklift will allow Clearwater Gas System to meet current and future operational and safety
requirements. Clearwater Gas System coordinated with Fleet to insure that the new Forklift
could handle the heaviest loads, which include LP tanks and bundles of polyethylene pipe while
meeting all safety requirements.
Commissioner Gray moved to award a contract to Briggs Equipment. Riviera Beach,
Florida, in the amount of $39,641, for the purchase of one New Case 588G Forklift in
accordance with section (d), Code of Ordinances - Florida State Contract #760-001-03-01 and
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
21. Approve a Post-Closinq Aqreement between Home Depot U.S.A.. and the City of
Clearwater to amend the amount of time to purchase materials for the Community Sports
Complex project and qualify for the return of $75,000 of the purchase price for the Home Depot
building acquisition. (PR) . ,
On April 4. 2002, the City Commission' approved a Purchase and Sale Agreement
between the Home Depot, U. S.A. and the City of Clearwater for the purchase of a vacant Home
Depot building for development of the new Community Sports Complex. A provision in the
Purchase and Saie Agreement provides for a return of $75,000 of the purchase price if
$250.000 in materials is purchased from Home Depot towards the development of the
Community Sports Complex. The Agreement calls for the $250,000 in materials to be
purchased by August 25, 2003. Based upon the construction schedule. the $250,000 worth of
materials will not be secured prior to August 25, 2003. The Post-Closing Agreement allows for
the extension of time to purchase the materials and qualify for the return of the $75,000 through
December 22, 2003. All necessary materials will be purchased at this point based upon the
construction schedule. There is no expense associated with the execution of this Agreement.
Home Depot was thanked for their gracious cooperation.
Commissioner Hamilton moved to'approve a Post-Closing Agreement between Home
Depot U.S.A.. and the City of Clearwater to amend the amount of time to purchase materials for
the Community Sports Complex project and qualify for the return of $75,000 of the purchase
price for the Home Depot building acquisition and the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
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22. Accept a 4,033 square-foot. MOL, Sanitary Easement conveyed bv Morton Plant Hospital
Association. Inc. on June 2, 2003, over and across a portion of the NE 1/4 of the NE 1/4 of
Section 21-29~15. (PW)
Morton Plant Hospital Association, Inc. purchased the subject property in 1999 for the
purposes of constructing a child development center as identified in the Morton Plant Hospital
Campus Master Plan, as amended. Development of the 10,000 square foot center necessitated
relocation of an existing sanitary line that traversed the entire length of the site beneath the
propos'3d center. The subject grant establishes a ten~foot easement corridor within which an 8-
inch sanitary line will be constructed and routed around the footprint of the new center. The
former sanitary line lay within a ten-foot easement granted in 1940 that terminated 30 years
following the grant. The grant expiration 'precludes the need to vacate the prior easement.
Commissioner Jonson moved to accept a 4,033 square foot, more or less, Sanitary
Easement conveyed by Morton Plant Hospital Association, Inc. on June 2, 2003 over and
across a portion of the Northeast 1/4 of the Northeast 1/4 of Section 21. Township 29 South,
Range 15 East, as more particularly describe therein and the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
23. Approve the final plat for uBriQhtwater Covett located on Briqhtwater Drive approximately
400 feet east of the intersection of Hamden Drive and Brightwater Drive. (PW)
This proposed subdivision will replat lots 50-52, Bayside Subdivision No.2. The
applicant is proposing to redevelop the property,with 9 Townhomes (attached dwellings). The
Community Development Board approved the site plan on April 18, 2003.
Commissioner Gray moved to approve the final plat for "Brightwater Cove'l located on
Brightwater Drive approximately 400 feet east of the intersection of Harnden Drive and
Brightwater Drive and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
24. Accept a 701 square-foot. MOL, perpetual Riqht-of-Wav and Utilities Easement granted by
the School Board of Pinellas County, Florida, conveyed for $1 and other consideration, over
and across a portion of the SE 1/4 of the NE 1/4 of Section 11-29-15. (PW)
In the late 19905, residents of Grandview Terrace and Ambleside subdivisions were
concerned with increasing vehicle traffic and pedestrian safety within their neighborhood.
Concerned neighbors worked with City Engineering staff to develop a traffic calming plan
designed to reduce vehicle speeds within the area and improve neighborhood esthetics. The
resulting plan included development of two roundabouts, three mini-circles, several medians
and speed tables, and replacement of a number of 5tormwater pipes and structures. The
subject Right of Way and Utilities Easement allows widening the turn radius at the northeast
corner of Casler Avenue and Palmetto Street, one of five such easements obtained to facilitate
. construction of the roundabout and pedestrian improvements at that intersection.
The easement also will accommodate construction of paved walkways about 40 feet
back from the intersection on both Casler Avenue and Palmetto Streets that will connect to a
central walkway leading up to the main entrance of Kennedy Middle School. The improvements
will encourage students to cross both roadways at a safe distance from the roundabout. It is
Commission 2003-08-07
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anticipated the roundabout and other intersection improvements will be completed prior to
classes resuming at Kennedy Middle School in August.
Commissioner Hibbard moved to accept a 701 square-foot. more or less, perpetual
Right of Way and Utilities Easement granted by the School Board of Pinellas County, Florida,
conveyed for 51 and other consideration, over and across a portion of the Southeast 1/4 of the
Northeast 1/4 of Section 11, Township 29 South, Range 15 East, as more particularly described
therein and the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
25. Accept a 57 square-foot. MOL, perpetual Riqht-of-Wav and Utilities Easement granted bv
Georae S. and Maraaret R. Bryant, conveyed for $2,200 and other consideration over and
across a portion of Lot 90, Ambleside Subdivision 2nd Addition. (PW)
In the late 1990s, residents of Grandview Terrace and Ambleside subdivisions were
concerned with increasing vehicle traffic and pedestrian safety within their neighborhood.
Concerned neighbors worked with City Engineering staff to develop a traffic calming plan
designed to reduce vehicle speeds within the area and improve neighborhood esthetics. The
resulting plan included development of two roundabouts, three mini-circles, several medians
and speed tables, and replacement of a number of stormwater pipes and structures. The
subject Right-of-Way and Utilities Easement allows widening the turn radius at the northwest
corner of Casler Avenue and Palmetto Street, and is one of five such easements obtained to
facilitate construction of the roundabout and pedestrian improvemen~s at that intersection.
In consideration of the Grantor conveying the easement, the City contractor will remove,
a diseased palm tree adjacent to the easement area, and reconstruct the Grantor's driveway,
the total cost of which is estimated at $2,200. It is anticipated the roundabout and other
intersection improvements will be completed prior to classes resuming at Kennedy Middle
School in the fall.
Commissioner Hamilton moved to accept a 57 square-foot, more or less, perpetual
Right-of-Way and Utilities Easement granted by George S. and Margaret R. Bryant, conveyed
for $2,200 and other consideration over and across a' portion of Lot 90, Ambleside Subdivision,
Second Addition, as more particularly described therein and the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
26. Accept a Water, Sanitary and Utilities Easement from Garv G. Halverson, Inc., conveyed
for $1 and other consideration, over and across portions of Lot 1, Loehmann's Plaza. (PW) .
Gary G; Halverson, Inc. is developing an office condominium project at 2500 Northeast
Coachman Roadt just west of the Wal-Mart store. The project consists of two 4,400 square-foot
office buildings. The City will be providing water and sanitary services to the development. The
subject easement grants the City a ten.foot water and utilities easement within which to
maintain any City water mains to the project up to and including all hydrants and meters. but
excluding all service lines and any mains that may lie under or within five feet of buildings. The
easement also conveys authority over the westerly 8 feet of the site for the City to maintain the
property's 6-inch sanitary service line.
Commission 2003-08-07
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Commissioner Jonson moved to accept a Water, Sanitary and Utilities Easement from
Gary G. Halverson, Inc., conveyed for $1 and other consideration. over and across portions of
Lot 1. Loehmann's Plaza, as more particularly described therein and the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
27. First ReadinQ Ord. 7182-03 to approve amendment to Chapter 51 , Section 51.08 of the
Code of Ordinances to provide for the use of newly released flood insurance rate maps. (PW)
The City of Clearwater participates in the National Flood Insurance Program. Section
1361 of the National Flood Insurance Act of 1968, as amended, requires that the City show
evidence of adoption of floodplain management regulations that meet the standards of Section
60.3 of the National Flood Insurance Program. Chapter 51 of the Code of Ordinances contains
these required floodplain management regulations, including the effective date of the flood
insurance rate maps to. be used. The flood insurance rate maps from 1983 referenced in
Chapter 51 are being superceded by revised rate maps effective September 3, 2003,
consequently this Code section must be updated. There are no significant changes in the new
base flood elevations, which would adversely impact properties in the City.
In response to a question, Mr. Quillen said amendments to the map have little effect on
Clearwater.
Commissioner Gray moved to approve amendment to Chapter 51, Section 51.08 of the
Code of Ordinances to provide for the use of newly released flood insurance rate. The motion
was duly seconded and carried unanimously.
Ordinance #7182-03 was presented for first reading and read by title only.
Commissioner Hibbard moved to pass Ordinance #7182-03 on first reading. The motion was
duly seconded and upon roll CF.lII, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst.
"Naystl; None.
28. Adopt Res. 03-27 authorizinQ the City to enter into an aqreement with CSX Transportation.
Inc., for installation of 472 feet of '54-inch storm pipe and 52 feet.of twin 50-inch x 30-inch box
culvert in the CSX right-of-way, and approve Pipeline Crossing Agreement No. CSX-045328 at
a cost of $12,240. (PW)
The project will not affect street flooding on North Martin Luther King Avenue. CSX does
not pay the City for use of its rights-of-way. Other utilities pay for use of City rights-of-way
through franchise frees.
A work order for consultant services'was approved on April 4, 2003 for design,
preparation of construction plans, permitting, and limited construction management for the
Palmetto Street Improvements Project. As part of this project the City desires to construct 472
feet of 54~inch storm pipe and 52 feet of twin 50-inch x 3~-inch box culverts. The 54-inch storm
pipe and 50-inch x 30-inch box culvert run parallel to the CSX Railroad and begin approximately
0.10 miles southwest of Palmetto Street and extends 800 feet to Stevenson Creek. CSX '
requires an Agreement to ,cover the costs of encroaching, construction risk and to provide the
Commission 2003-08-07 '
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terms and conditions associated with placing a pipeline line underneath their railway system.
The cost to the City will be 512.240 for a one-time license fe,e.
Commissioner Hamilton moved to approve authorizing the City to enter into an
agreement with CSX Transportation. Inc.. for installation of 472 feet of 54-inch storm pipe and
52 feet of twin 50-inch x 3D-inch box culvert in the CSX right-of-way and approve Pipeline
Crossing Agreement No. CSX-045328 at a cost of $12,240 and the appropriate officials be '
authorized to execute same. The motion was duly seconded and carried unanimously.
Resolution #03-27 was presented and read by title only. Commissioner Jonson moved
to pass and adopt Resolution #03-27 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.
29. Appoint one member to the Environmental Advisory Board (O.RLS) .
Commissioner, Gray moved to appoint Judy McSwine. The motion was duly seconded
and carried unanimously.
30. Update re: IAFF Neqotiations - None.
31. Other Pendjnq Matters - None:
CITY ATTORNEY REPORTS
32. Other City Attornev Items
a) Amend the FY02-03 Professional Services budget for the City Attorney's Office to add
$50,000 for a total of $325,000. (CA) , '
The City of Clearwater has been served with several lawsuits in the recent past that
have been assigned to outside counsel by the City Attorney's Office because of the expertise
necessary for the best defense of the lawsuits.- The Professional Services budget for the City
Attorney's Office is currently $275,000, and has been at the same level since Fiscal Year 2000-
2001, which was a 1 % decrease from the previous fiscal year budget.
Several cases in particular have proven very expensive to defend. Granite State
Outdoor Advertising v. City of Clearwater, et. a!. was filed in October 2001, and has cost the
City Attorney's Office $207,497.02 in outside counsel services and expenses to date; National
Advertising Company v. City of Clearwater was' filed in May 2000, and has cost $104,674.24 to
date; Katherine Palisano v. City of Clearwater was filed in December 2001 and has cost
$205,005.41 to date. The Palisano case, which is an employment discrimination case, has
been much more costly than originally anticipated. The Plaintiffs attorney has conducted
numerous depositions that have resulted in higher than anticipated costs. A one time ad(;Htion
of $50,000 to the City Attorney's Professional Services budget is requested to provide funds
necessary for these and other necessary outside counsel charges.
Comn,issjon 2003"08~07
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Commissioner Jonson moved to amend the FY 02-03 Professional Services Budget for
the City Attorney's Office to add S50,OOO for a total budget of $325,000. The motion was duly
seconded and carried unanimously.
33. City Manaqer Verbal Reports - None.
34. Commission Discussion Items:
a) Proposed Amendment to Florida League of Cities' Charter.
Commissioner Jonson reviewed an amendment to the Florida League of Cities Charter,
proposed by the City of North Point, to exclude counties from FLC (Florida League of Cities)
membership. Pinellas County is one of 18 county members. The FLC Board of Directors
opposes the amendment.
Commissioner Hamilton moved for Clearwater to oppose the proposed amendment to
exclude counties from FLC membership. The motion was duly seconded and carried
unanimously.
b) Florida League of Cities Officers Election (Board of Directors).
Commissioner Jonson reviewed the slate of candidates.
c) Reconsideration of the Old Bay Character District South Transition.
Commissioner Jonson referenced the August 5,2003 meeting, where the City
Commission had expanded the Downtown Character zone north into the Old Clearwater Bay
Character District. In regard to the area abutting Coachman Park south of Drew Street, east of
Clearwater Harbor, south of Jones Street, and west of N. Osceola Avenue, he said the change
increased the FAR lir:nit"from 0.5 to 4.0 and increased the height from 150 feet to unlimited. In'
regard to the area south of Drew Street, east of N. Osceola Avenue, south of Jones Street, and.
west of N. Ft. Harrison Avenue, he said the change increased the FAR limit from 0.5 to 4.0 and
increased the height from 40 feet to unlimited. He said a lower height would be more
appropriate and recommended the entire area return to the Old Clearwater Bay Character
District, with a FAR limit of 0.5 and 150-foot height limit.
Planning Director Cyndi Tarapani said buildings in the subject area feature up to 6
stories, and are up to 70 feet in height. Assistant City Manager Ralph Stone said staff would
support the change. '
Commissioner Gray moved to reconsider the action re the area north of Drew Street,
east of Clearwater Harbor, south of Jones Street and, west of N. Ft. Harrison Avenue, taken at
the August 5,2003 Special Commission meeting. The motion was duly seconded and'carried
unanimously.' '
Commissioner Jonson moved to designate the area north of Drew Street, east of
. Clearwater Harbor, south of Jones Street and west of N. Ft. Harrison Avenue as part of the Old '
Commission 2003-08-07
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Bay Character District with building heights limited to 150 feet and a FAR limit of 0.5. The
motion was duly seconded and carried unanimously.
d) Countryside Cougar Article
Commissioner Hibbard stated the editor of the Countryside Cougar had asked him to
write an informational column for the publication. It was suggested the editor may be interested
in rotating column authorship among Commission members.
Consensus was to support Commissioner Hibbard writing an informational column for
the Countryside Cougar.
35. Other Commission Action '
Commissioner Hibbard said he recently visited the Phillies Stadium/Community Sports
Complex and reported the project is coming along well.
. Commissioner Hibbard said he had enjoyed attending the groundbreaking for the new
Northwest Fire Station. '
Commissioner Hibbard welcomed back Bob Bickerstaffe to the audience.
Commissioner Hibbard sent prayers and good wishes for the recovery of Art Kader, who
is hospitalized.
Commissioners Gray and Hamilton said school is back in session and reminded
residents to drive carefully and observe school zone speed limits.
Commissioner Jonson said he had enjoyed last week's Chamber legislative breakfast.
Commissioner Jonson said the legislative session will start soon and encouraged work
on the City's legislative agenda begin.
Commissioner Jonson encouraged Commissioners to attend next Thursday's advocacy
committee meeting at the Florida League of Cities conference.
Commissioner Jonson said on July 28, 2003 he had joined the Economic Development
team at the offices of Great Companies LLC, an investment organization.
Commissioner Jonson reported a US 19 construction update meeting is scheduled at
Countryside Mall at 8:00 a.m. on ,August 20, 2003.
Commissioner 'Jonson recommended residents act like tourists and eat at a beach
restaurant.
Commissioner Jonson asked residents to remember to pick up litter so we have a
Sparkling Clearwater.
Commission 2003-08.07
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Commissioner Hamilton apologized for the delay of the Commission's return from
Philadelphia, which resulted in cancellation of last Monday's Work Session.
Commissioner Hamilton wished his wife a happy anniversary in July and a happy
birthday in August. '
Commissioner Hibbard wished his wife a happy birthday.
. Mavor Aunost requested those with questions related to school "choice" to please
contact Pinellas County Schools.
Mavor Almost said he enjoyed last weekend's trip to Philadelphia with the Chamber of
Commerce and visiting the Phillies new stadium; where he announced one inning of the
ballgame on local radio and discussed Clearwater.
Mayor AunQst reported th~ grand opening of the Chick-FiI-A on Gulf~to-Bay, Boulevard is
scheduled for August 14, 2003.
Mavor AunQst announced a Special Budget Work Session is scheduled for August 19t
, 2003 at 9:00 a.m.
Mavor Aunost expressed condolences to Duke Tieman on the loss of his daughter.
Mayor AunQst reported the next Work Session iS,scheduled for August 18, 2003 at 9:00
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a.m.
36. Adiournment
. The meeting adjourned at 7:12 p.m.
Attest:,.
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't{J~' City Clerk
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