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03/08/2000 - Joint Public Meeting City of Clearwater & City of Largo CommissionersJOINT PUBLIC MEETING OF CITY COMMISSIONS OF CITY OF CLEARWATER AND CITY OF LARGO March 8, 2000 Present: Horace A. Andrews Facilitator/Retired Judge Ed Hooper Clearwater Vice-Mayor/Commissioner J. B. Johnson Clearwater Commissioner Robert Clark Clearwater Commissioner Ed Hart Clearwater Commissioner Thom Feaster Largo Mayor/Commissioner Bob Jackson Largo Vice-Mayor/Commissioner Pat Burke Largo Commissioner Jean Halvorsen Largo Commissioner Mary Laurance Largo Commissioner Jim Miles Largo Commissioner Marty Shelby Largo Commissioner Absent: Brian J. Aungst Clearwater Mayor/Commissioner Also present: Bill Horne Clearwater Assistant City Manager Pamela K. Akin Clearwater City Attorney Leslie Dougall-Sides Clearwater Assistant City Attorney Ralph Stone Clearwater Planning Director Sue Diana Clearwater Assistant City Clerk Patricia O. Sullivan Clearwater Board Reporter Steven Stanton Largo City Manager Alan Zimmet Largo City Attorney Diane Bruner Largo City Clerk Judge Horace A. Andrews called the meeting to order at 6:00 p.m. at PSTA (Pinellas Suncoast Transit Authority) Headquarters. Clearwater City Commissioner Ed Hart offered the invocation. Judge Andrews led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Discussion ensued regarding the agenda format. Largo Mayor Thom Feaster moved to adopt the agenda as presented. The motion was duly seconded and carried unanimously. Item #4 - Background & Statutory Framework In January 2000, the Largo City Commission voted unanimously to annex a 12.34-acre parcel north of Belleair Road, west of the Belcher Road intersection. The City of Clearwater objected, contending that Belleair Road is Clearwater’s southern boundary as supported by its recognition as the border of Clearwater’s planning area, in the Fire District, and in the 1992 Interlocal agreement with Pinellas County, which has never been violated. Following the annexation, the Clearwater City Commission voted to petition for writ of certiorari. Horace A. Andrews, Facilitator, reviewed the statutory requirements related to this issue. This meeting represents the next step in the Statute’s process. Item #5- City of Clearwater Position Statement Clearwater Planning Director Ralph Stone reviewed Clearwater’s annexation program, noting the City has hundreds of enclaves and is surrounded by 7 governments. Clearwater is not interested in expanding its boundaries. Mr. Stone reviewed the Pinellas County Planning Council’s map, stating Belleair Road is the southern boundary for Clearwater’s sewer, water, fire, and planning areas. The basis for Clearwater’s annexation of the bank and retail store, south of Belleair Road in the 1980s, has been disputed. Mr. Stone said Interlocal Agreements had established boundaries on which local governments can rely for planning. The City has been unable to determine if a staff member had directed the developer of the subject property to contact Largo for sewer service, as reported. The City of Clearwater is capable of providing sewer service to the subject property. He said the PPC (Pinellas Planing Council) agrees that Largo has infringed on Clearwater’s boundaries. Mr. Stone said respect for established boundaries is necessary. Item #6 - City of Largo Position Statement Largo City Attorney Alan Zimmet said the City of Largo already had annexed the subject property. He said Interlocal Agreements do not address annexation issues. He said Largo’s fire station is the first responder to the subject property. Largo will provide fire service to the annexed property as it now is part of Largo’s fire district. He said Clearwater continues to violate the 1982 agreement by having annexed south of Belleair Road and continuing to provide sewer service to the subject bank and retail store. He said the PPC can make recommendations only. Item #7 - Presentation of Issues & Proposals for Resolution of Dispute City of Clearwater Vice Mayor Hooper said there is no evidence of objection related to Clearwater’s annexation of the subject bank and retail store. Previous annexations should not changed. Clearwater has the ability to serve the subject property with EMS (Emergency Medical Services) as well as all other City services. The Pinellas County Planning Advisory Committee also supports Clearwater’s position that Belleair Road is the line of separation between the two municipalities. He suggested Largo deannex the subject parcel and declare the City of Largo will not breach the boundary again. He noted Clearwater had not moved to annex businesses on US 19N, south of Belleair Road, even though they have Clearwater mailing addresses and would benefit the City’s tax base. Item #8 - Presentation of Issues & Proposals for Resolution of Dispute City of Largo Mayor Feaster reported he is leaving office on April 4, 2000, and wishes to resolve this issue before then. He recommended the annexation remain in place and suggested a County Charter Amendment or Special Act by the Legislature provide a binding agreement between the two cities declaring Belleair Road as the boundary. He said Largo’s sewer pipes along Belleair Road can serve the subject property. Gordon Killiam, subject property project site director, said he has worked on this project since September 1999. He said he had approached Clearwater for sewer service after the County had indicated the soil could not support a septic system. He said a City of Clearwater staff member had directed him to Largo, which offers sewer service along Belleair Road. He said it makes sense to use Largo’s existing sewer system rather than relying on Clearwater, which would have to construct a lift-station to service the parcel. The property already is served by Pinellas County water. He said delays related to this annexation issue have added to project costs. He said Largo had been helpful and he had volunteered to annex into the City of Largo. He has obtained a foundation permit. He estimated the hook up with Largo’s sewer system could be completed within 10 days, once County approval is obtained. Item #9 - Further discussion by Elected Officials of Settlement of Conflict Clearwater City Attorney Pam Akin indicated Interlocal Agreements cannot address annexation. PPC Executive Director Dave Healy said the organization hopes to bring forward a measure delineating boundaries for municipal annexations by June 2000. Discussion ensued regarding available methods to legalize an agreement to prohibit crossing Belleair Road for future annexations and the status of the PPC project. Judge Andrews referred to Clearwater’s suggestion that the proposed boundary be established and that Largo deannex the subject property. In response to a question, Clearwater City Attorney Akin said costs would result if the cities swapped annexations that had occurred across the boundary. Concern was expressed this issue should not affect property owners in this situation. A Largo representative said the City of Largo had experienced difficulties related to intrusion of its southern service area. It was noted if Largo deannexes the subject property, the owner is not obligated to be annexed by Clearwater. Mr. Killiam stated he would not annex into Clearwater. Discussion ensued regarding the subject property and its annexation. A Largo representative recommended the cities “sin no more” and agree not to intrude across Belleair Road again. Mr. Stone said he had reviewed the issues with Largo’s City Commission before they took action to annex this property. It was noted the City of Largo had similar problems with other abutting municipalities. A Clearwater representative said this action had violated the City of Clearwater’s sovereignty. A Largo representative questioned the City of Clearwater’s right to require annexation when providing sewer service. The meeting recessed from 7:42 to 7:47 p.m. The City of Clearwater City Commission requested to caucus separately. In response to a question, the City Attorney stated deannexation requires a Special Act of the State legislature. Concern was expressed such action puts those who have annexed already at risk. It was noted taxes from the subject property would hardly affect Clearwater’s budget. As mistakes had been made previously, it was felt maintaining the status quo seemed fair. Concern was expressed Largo’s aggressive annexation policy had resulted in acquiescence by other municipalities. It was felt Largo’s actions are unacceptable. The City Attorney said until a Special Act or referendum can be approved, she recommended each City agree to formalize their intentions to prohibit annexations across Belleair Road by ordinance. The City Attorney reviewed possible elements of a settlement to Clearwater’s lawsuit. Commissioner Clark moved for the Clearwater City Commission to recognize current annexations on the City’s south boundary, to establish Belleair Road as the line of demarcation between the Cities of Clearwater and Largo through a legislative Special Act or County referendum, and to withdraw litigation as long as both cities formalize intentions to prohibit annexations across Belleair Road by ordinance. The motion was duly seconded. The City Attorney said she will submit a draft of an ordinance to the City Commissions for adoption and a draft of an Interlocal Agreement to settle the litigation. The agreement would indicate that current providers of sewer service north and south of the line will continue service and that no future intrusion across Belleair Road would be allowed without a specific Interlocal Agreement. Upon the vote being taken, Commissioners Johnson and Clark voted “Aye”; Commissioners Hooper and Hart voted “Nay.” Motion failed. The City of Clearwater separate caucus ended. It was felt Mayor Aungst should participate in this decision. The City Attorney will draft an Interlocal Agreement and ordinance to present to the City Commission. The Cities will need to extend the settlement agreement period. If the City Commission does not pass the agreement, litigation will proceed to mediation between parties appointed by the Cities. Concern was expressed construction on the subject property not be delayed further. Item #10 - Discussion of scheduling of adoption of ordinance, resolution, or interlocal agreement embodying settlement provisions and discussion of any further action necessary to implement settlement agreement. The City Attorney for each City will draft ordinances for their City Commission to consider and adopt. An agreement will be signed to extend the time for this settlement process. An Interlocal Agreement, based on Commissioner Clark’s motion, will be presented for Clearwater City Commission consideration. If approved by both Cities, the agreements will be signed. If the ordinances fail, further mediation will occur. Judge Andrews recommended the City Commissions consider the consequences if agreement is not reached. Item #11 - Adjournment The meeting adjourned at 8:23 p.m.