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03/05/2009CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 5, 2009 Present: Frank Hibbard George N. Cretekos John Doran Paul Gibson Absent: Also present: Carlen Petersen William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Management Analyst The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Assistant Pastor Thomas Jones of Flowing River Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations: 4.1 March is Florida Bicycle Month Proclamation 4.2 Celebrate Clearwater Neighborhoods Week 2009 Proclamation: March 9 - 14, 2009 4.3 Home of the Quarter, Neighborhood of the Quarter and Business Beautification Award Home of the Quarter awards presented to Linda Baldwin - 1959 Clearview Lake Drive, Elizabeth Wells - 301 Orangeview Avenue, Michael and Nanci O'Rourke - 609 Florida Avenue, David and Sharon Cote - 111 N. Keystone Drive; Neighborhood of the Quarter award presented to Grovewood; and Business Beautification Award presented to Indoor Environmental Technologies at 1384 South Hillcrest Avenue. 4.4 Step Up Challenge - Sybil John, Pinellas County Health Department 5 - Approval of Minutes 5.1 Approve the minutes of the Februarv 19. 2009 Citv Council meetina as submitted in written summation by the City Clerk Councilmember Doran requested that the minutes be corrected to reflect Paul Andrews spoke regarding Gulfview roadway project. Council 2009-03-05 Councilmember Doran moved to approve the minutes of the February 19, 2009, City Council Meeting as corrected. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Jay Keyes expressed concerns with the Clearwater Beach Recreation Center being used for weddings. facility. article. Jerry Murphy said now is the time to acquire property at the beach for a new parking Bridget Alright opposed possible closure of the East Branch Library. Dru Jeanis requested Council comments regarding a-mails mentioned in a newspaper Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings 7.1 Approve the East Gateway District Neighborhood Revitalization Strategy; amend the FY 2005-2010 Five-Year Consolidated Plan and the FY 08-09 Consolidated Action Plan to incorporate the East Gateway District as a Neighborhood Revitalization Strategy Area (NRSA); and authorize staff to submit the strategy to the U.S. Department of Housing and Urban Development (HUD). Neighborhood Revitalization Strategy created under the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program encourages the coordination of resources to facilitate neighborhood revitalization. The program encourages partnerships among community stakeholders, including federal and local governments, the private sector, community organizations and neighborhood residents, to stimulate reinvestment of human and economic capital while economically empowering low to moderate income residents. Communities with approved Neighborhood Revitalization Strategies enjoy enhanced flexibility in undertaking economic development, housing and public service activities with their CDBG funds. This flexibility is designed to promote innovative programs in economically disadvantaged areas of the community. By designating the East Gateway District as a Neighborhood Revitalization Strategy Area (NSRA), the City is able to offer more intensive economic assistance for addressing the communities most pressing needs. Areas of enhanced regulatory flexibility under the program include the following: 1) Exemption from Public Services Cap; 2) Exemption from Employee Income Tracking; 3) Exclusion from Aggregate Public Benefit Standard; and 4) Single Strategy for Scattered Housing Units The proposed strategy for the East Gateway District NRSA largely mirrors the East Gateway Five-Year Action Program approved in May 2008. The areas of focus include: safety and security, economic development and housing, business environment, neighborhood appearance, and the integration of the Hispanic community. The City has solicited input from residents, property owners, business interests, social service agencies and community groups Council 2009-03-05 2 to fulfill HUD and the Action Program directives to engage the community. The strategy has been presented to the East Gateway Business and Neighbors Association, the East Gateway Stakeholder Advisory Group, and the Clearwater Neighborhoods Coalition in December and January. The Neighborhood and Affordable Housing Board approved it in February. The City has previously designated the North Greenwood and South Greenwood neighborhoods as NSRAs. One person spoke in support and requested that streetscaping for the East Gateway be considered for the next Penny for Pinellas phase. Councilmember Cretekos moved to approve the East Gateway District Neighborhood Revitalization Strategy; amend the FY (Fiscal Year) 2005-2010 Five-Year Consolidated Plan and the FY 2008/09 Consolidated Action Plan to incorporate the East Gateway District as a Neighborhood Revitalization Strategy Area (NRSA); and authorize staff to submit the strategy to the U.S. Department of Housing and Urban Development (HUD). The motion was duly seconded and carried unanimously. 8 - Second Readings - Public Hearing 8.1 Adopt Ordinance 7937-08 on second reading, annexing certain real property whose post office address is 2327 Nursery Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 7937-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7937-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.2 Adopt Ordinance 7938-08 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Residential Suburban (RS). Ordinance 7938-09 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7938-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.3 Adopt Ordinance 7939-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Council 2009-03-05 3 Ordinance 7939-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7939-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.4 Adopt Ordinance 8029-09 on second reading, annexing certain real property whose post office address is 1820 Beverly Circle North, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8029-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 8029-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.5 Adopt Ordinance 8030-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1820 Beverly Circle North, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8030-09 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 8030-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.6 Adopt Ordinance 8031-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1820 Beverly Circle North, upon annexation into the Citv of Clearwater. as Low Densitv Residential (LDR). Ordinance 8031-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8031-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.7 Adopt Ordinance 8032-09 on second reading, annexing certain real property whose post office address is 1860 Carlton Drive, into the corporate limits of the city and redefining the boundarv lines of the citv to include said addition. Council 2009-03-05 4 Ordinance 8032-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 8032-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.8 Adopt Ordinance 8033-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1860 Carlton Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8033-09 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 8033-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.9 Adopt Ordinance 8034-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1860 Carlton Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8034-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8034-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.10 Adopt Ordinance 8035-09 on second reading, annexing certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, into the corporate limits of the city and redefining the boundary lines of the city to include said addition Ordinance 8035-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 8035-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.11 Adopt Ordinance 8036-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office Council 2009-03-05 5 address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the Citv of Clearwater. as Residential/Office Limited (R/OL). Ordinance 8036-09 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 8036-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.12 Adopt Ordinance 8037-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the City of Clearwater, as Office (0). Ordinance 8037-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8037-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.13 Adopt Ordinance 8040-09 on second reading, amending Ordinance 7372-05 as amended by Ordinance 7947-08, which vacated a portion of the Easterly one-half of the 70-foot right of way of Gulfview Boulevard (a.k.a. South Gulf View Boulevard per field); subject to special conditions, extending the required date for commencement of vertical construction. Ordinance 8040-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 8040-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, and Hibbard. "Nays": Gibson. Motion Carried. 8.14 Adopt Ordinance 8041-09 on second reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06 and Ordinance 7498-08, which vacated a portion of the 60-foot right-of- way of First Avenue (aka First Street per field); subject to special conditions, extending the reauired date for commencement of vertical construction. Ordinance 8041-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8041-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2009-03-05 6 "Ayes": Cretekos, Doran, and Hibbard "Nays": Gibson. City Manager Reports 9 - Consent Agenda - Approved as submitted 9.1 Approve the East Gateway District Facade and Building Lot Improvement Program and Loan-to-Grant Agreement and authorize staff to implement the program. (consent) 9.2 Award a contract (blanket purchase order) for gas meter change outs to M. T. Deason, Incorporated in the amount of $256,000 for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same. (consent) 9.3 Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from August 2009 through August 2010 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $50,000 and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract (Blanket Purchase Order) to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to energy plant/landfill for the period March 06, 2009 through March 31, 2010 as provided in the City's Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) 9.5 Reappoint John Timberlake and Howard Warshauer to the Public Art and Design Advisory Board with the term expiring March 31, 2013. (consent) 9.6 Request authority to institute a civil action against Clark Hunt Construction, Inc. to recover $871.54, for damage to City property. (consent) Councilmember Gibson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 10 - Other items on City Manager Reports 10.1 Award a contract (increase to Purchase Order) to Carl Eric Johnson, Inc. of Lawrenceville, GA, a sole source for current equipment, in the amount of $70,021.20, with two optional one- year extensions for Moyno Progressive Cavity Pumps and replacement parts used at the three Wastewater Treatment Plants, for a total amount of $120,021.20, and authorize the appropriate officials to execute same. Moyno Progressive Cavity Pumps are used to transfer high viscosity fluids throughout the treatment processes at the three Advanced Wastewater Treatment Plants (WWTP). Moyno is standardized by the Water Pollution Control Division for replacement pumps and parts in this application because it eliminates excessive down time without the greater cost of retrofit and redesign. Carl Eric Johnson, Inc. is sole source for Moyno Pumps and replacement parts. Council 2009-03-05 7 Blanket Purchase Order BR505396 covers the initial period of December 18, 2008 to December 31, 2009. Optional extensions are requested in case the purchase order amount lasts longer than the original, initial period end date. The projected amount for this period is based on the current performance of aging equipment and estimated costs of replacements and repairs that may be required before December 31, 2009. The original value of BR505396 is $50,000. Approval of the additional amount of $70,021.20 will increase the total value to $120,021.20. In response to questions, Public Utilities Assistant Director Nan Bennett said the municipal base price is the lowest price offered. Not using the sole source contracts and purchasing another brand of pump would require the City to retrofit infrastructure. Councilmember Cretekos moved to award a contract (increase to Purchase Order) to Carl Eric Johnson, Inc. of Lawrenceville, GA, a sole source for current equipment, in the amount of $70,021.00, with two optional one-year extensions for Moyno Progressive Cavity Pumps and replacement parts used at the three Wastewater Treatment Plants, for a total amount of $120,021.20, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 10.2 Amend Section 22.24(2) of the Code of Ordinances to change the hours of operation for Station Square Park from "Closed from 9:00 p.m. until 6:00 a.m." to "Closed from Sunset until Sunrise" and pass Ordinance 8059-09 on first reading. On February 3, 2005, Ordinance 7376-05 was approved at second reading to 1) regulate hours of operation for parks; 2) prohibit trespassing on parks; and 3) allow the posting of a sign to inform the public of said hours. Ordinance 7376-05 amended Section 22.24 by adding the hours of operation for each City park in the Code of Ordinances; requiring at least one prominently posted sign be installed at each park stating the hours of operation; and providing an exception to the closing hours which would allow a permit to be issued by the Department or the City Manger. The Ordinance provided a tool that City law enforcement officers use to more effectively patrol City parks and enforce the hours of operation at each park. It reduced the number of persons trespassing on park property after closing hours and reduces some of the vandalism that occurs during these times. Now that the construction of Station Square Park is complete, it is envisioned that Station Square Park will be used by downtown workers and as a venue for city events. Ordinance 8059-09 changes the hours that Station Square Park is to be closed from sunset until sunrise except by permit issued by the Parks & Recreation Department Special Events Division or the City Manager. Economic Development and Housing Director Geri Campos Lopez said Station Square Park would be closed again for a week in order to seal the concrete and pavers. The closure would occur in 30 days. Councilmember Gibson moved to amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for Station Square Park from "Closed from 9:00 p.m. until 6:00 a.m." to "Closed from Sunset until Sunrise." The motion was duly seconded and carried unanimously. Council 2009-03-05 8 Ordinance 8059-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8059-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.3 Amend Chapter 17, Clearwater Code of Ordinances, to reflect the change made in Appendix A, Article VIII regarding the administrative fee for fireworks displays; update the nomenclature to reflect the changes made by the State mandated use of the 2007 Florida Fire Prevention Code and reflect the change in title of the Division of Fire Prevention Services; and eliminating the power of the fire prevention administrator to modify the fire code and pass Ordinance 8038-09 on first reading. A new schedule of fire and life safety inspection fees was adopted on January 31, 2007; however, Sec17.06 (4) Clearwater Code of Ordinances has not been changed to reflect the new fee. With the State mandated use of the Florida Fire Prevention Code, there is a need to update some of the wording in Chapter 17 to reflect this change and to reflect the change of name from Division of Fire, Life Safety, and Emergency Management to the Division of Fire Prevention Services. With the mandated use of the Florida Fire Prevention Code, only the State Fire Marshal through State legislation can make changes to the Code, which negates the authority granted in Sec. 17.34, thereby making this section obsolete. Councilmember Cretekos moved to amend Chapter 17, Clearwater Code of Ordinances, to reflect the change made in Appendix A, Article VII I regarding the administrative fee for fireworks displays; update the nomenclature to reflect the changes made by the State mandated use of the 2007 Florida Fire Prevention Code and reflect the change in title of the Division of Fire Prevention Services; and eliminating the power of the fire prevention administrator to modify the fire code. The motion was duly seconded and carried unanimously. Ordinance 8038-09 was presented for first reading and read by title only. Councilmember Gibson moved to pass Ordinance 8038-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.4 Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one 12-inch reclaimed water main in the CSX right-of-way as part of the Chautauqua Coachman Ridge Reclaimed Water Project, approve Pipeline Crossing Agreement CSX- 621838. authorize the appropriate officials to execute same and adopt Resolution 09-06. A work order for consultant services was approved on May 15, 2008 for design, preparation of construction plans, and permitting for the Chautauqua/Coachman Ridge Reclaimed Water Project. As part of this project, the City desires to construct one 12-inch reclaimed water main crossing CSX right-of-way. The 12-inch reclaimed water main crossing is Council 2009-03-05 9 located where the CSX Railroad intersects Old Coachman and NE Coachman. CSX requires an Agreement to cover the costs of encroaching, construction risk, and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $535 for a license fee and $750 for a construction risk fee for a total cost of $1,285. Councilmember Doran moved to authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one 12-inch reclaimed water main in the CSX right-of-way as part of the Chautauqua/Coachman Ridge Reclaimed Water Project, approve Pipeline Crossing Agreement CSX-621838, authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 09-06 was presented and read by title only. Councilmember Cretekos moved to adopt Resolution 09-06 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.5 Amend the City's Local Housing Assistance Plan for State Fiscal Years 2006-09 to add new affordable housing incentive strategies to fulfill the requirements of Florida Statute 420.9076 and adopt Resolution 09-09. During the 2007 legislative session, the Florida legislature passed House Bill 1375, which later established Florida Statute 420.9076. This statute requires counties and cities receiving State Housing Initiatives Partnership (SHIP) funds to re-establish an Affordable Housing Advisory Committee (AHAC) and implement its statutory duties. The duties of the AHAC included reviewing policies and procedures, ordinances, land development and regulations and the City's adopted comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing. The City of Clearwater passed Resolution 08-15, on June 19, 2008, which re-established the City's AHAC. The state identified 11 incentives and requested counties and cities to include at a minimum, incentives for (a) An Expedited Permitting Process and (b) The establishment of a process by which local government considers, before adoption, policies, procedures, ordinances, regulations or plan provisions that increase the cost of housing. The AHAC met throughout the fall of 2008 to make recommendations as part of the Local Housing Incentive Strategy report. On December 18, 2008, the City Council accepted the strategy report and directed staff to take the necessary steps to incorporate the appropriate strategies into the Local Housing Assistance Plan. City staff met to review each of the AHAC recommendations. Staff is recommending the City Council adopt only those items that are clear incentive strategies for affordable housing, in the resolution. The other recommendations can be implemented through new policy and procedures. Resolution 09-09 amends the Local Housing Assistance Plan (LHAP) for state fiscal years 2006-2009 to include the recommended incentives. The City is required to notify the State of its adoption of the incentives and amendment to its LHAP. Council 2009-03-05 10 Councilmember Gibson moved to amend the City's Local Housing Assistance Plan for State Fiscal Years 2006-09 to add new affordable housing incentive strategies to fulfill the requirements of Florida Statute 420.9076. The motion was duly seconded and carried unanimously. Resolution 09-09 was presented and read by title only. Councilmember Doran moved to adopt Resolution 09-09 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.6 Authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat Slips, ensure public access to the docks, boardwalks and promenade and adopt Resolution 09-10. In the Downtown Boat Slips referendum, Ordinance 7777-07 required City Council adopt a resolution regulations that provide city residents first priority for the dedicated boat slips and ensure public access to the docks, boardwalks and promenade. By approving Resolution 09- 10, City Council agrees to provide City-owned publicly accessible docks, moorings and promenade on the property generally bounded by Drew Street, Pierce Street, the Intracoastal Waterway Channel and the Bluff. Council also stipulates that Clearwater residents (domiciliaries) will have first priority of the boat slips. Legal has clarified residency for staff. Residence merely requires bodily presence as an inhabitant in a given place, whereas domicile requires bodily presence in that place and also an intention to make it one's permanent home. Legal staff explains one way of grasping this concept is to understand that acquiring a legal residence, or domicile, is like becoming a citizen of a particular state. As a "citizen" - that is, a resident or domiciliary of a state - a person may enjoy benefits afforded only to domiciliaries of that particular state, such as the right to receive in-state tuition rates to colleges and universities. As such, the law analyzes an individual's intent, rather than time spent in a given place, to determine an individual's domicile. A few criteria to be used in evaluating if a Lottery applicant is a legal resident (domiciliary) of Clearwater will be where the applicant claims their homestead exemption, a copy of their most recent lease agreement if they rent, the address where the applicant is registered to vote and the address indicated on the applicants latest federal income tax return. City residents get first priority in choice of slips at the Lottery on March 14, 2009, for the seven residents and three non-residents who met the lottery deadline. After the Lottery has taken place, city residents shall be able to select slips on a first-come-first-serve basis from March 16, 2009 until noon on May 15, 2009, provided they have provided a deposit equal to the first month's slip rent. Non-residents shall be eligible to be placed on a waiting list on a first- come-first-served basis during this period by paying an amount equal to the first month's rent for the size slip they desire. Beginning May 18, 2009, all slips still available will be available to everyone, regardless of residency, on a first-come-first-served basis. If a waiting list becomes necessary after May 18, 2009, then City residents shall have first priority in selection of Council 2009-03-05 11 available slips over non-residents, so long as all interested in placement on the waitlist have provided the Marina a non-refundable, $250 deposit. Councilmember Cretekos moved to amend the non-refundable deposit to $100. The motion was seconded. Councilmember Cretekos voted "Aye,' and Councilmembers Gibson, Doran and Mayor Hibbard voted "Nay." Motion failed. Councilmember Gibson moved to authorize providing Clearwater residents (domiciliaries) first priority at the City-owned Downtown Boat Slips, ensure public access to the docks, boardwalks and promenade. The motion was duly seconded and carried unanimously. Resolution 09-10 was presented and read by title only. Councilmember Doran moved to adopt Resolution 09-10 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.7 Appoint two members to the Airpark Advisory Board with the term to expire March 31 2013. Councilmember Gibson moved to appoint Thomas D. Black and Walter Crosby. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11 - City Manager Verbal Reports - None. 12 - Other Council Action Mayor Hibbard requested a letter supporting legislation allowing TBARTA to spend $2 million-appropriation over several years be sent to Governor Crist and state delegation and that a letter be sent to President Barack Obama and congressional delegation opposing lowering charitable giving deduction. Consensus was to support requests. Councilmembers reported on events in which they recently participated, reviewed upcoming events and welcomed the Philadelphia Phillies to Spring Training. Councilmember Doran reported the DDB voted to help fund 4th Fridays in Downtown. Councilmember Gibson encouraged Councilmembers to read information provided regarding EMS calls in preparation for discussion at next work session. Mayor Hibbard congratulated Clearwater for Youth Foundation for endowment fundraising efforts totaling $1.4 million and offered condolences to families of Randy Roberts Joan Mickens. Council 2009-03-05 12 13 - Adjourn The meeting adjourned at 7:47 p.m. 5.-,~ ~ lVfaYor City of Clearwater Attest: Council 2009-03-05 13