06/21/2001
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 21,2001
Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Mayor/Commissioner
Vice-M ayor /Co m missioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Interim 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. The invocation
was offered by Dr. James Hilton of Central Christian 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.
ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards
Proclamation: Recreation & Parks Month - July 2001
ITEM #5 - Presentations
a) Legislative Report - Senator Latvala
Senator Jack Latvala reviewed legislative issues addressed this year.
The Mayor presented him with a plaque for providing positive representation.
ITEM #6 - Approval of Minutes
In reference to the ninth comment on page 20, of the June 7, 2001 minutes, it was
noted the item had reported the groundbreaking for the Ruth Eckerd Hall expansion
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Commissioner Hamilton moved to approve the minutes of the regular meeting of
June 7, 2001, as corrected, and the special meeting of June 12, 2001, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was
duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aqenda
Sue Johnston thanked the City for efforts in attaining a workable compromise with
FDOT (Florida Department of Transportation) regarding the design of the NE
Coachman/Drew Street intersection.
John Wiser requested the City upgrade landscaping on six medians along
Countryside Boulevard.
Steven Sarnoff reported the CWA union supports the appointment of Bill Horne as
City Manager.
Steven E. Zimmerman said bus service is important to the poor and requested City
efforts to upgrade the Clearwater PST A (Pinellas Suncoast Transit Authority) bus terminal.
David Hemerick requested the City address long-term bus parking issues on the
beach. He said the Charter does not permit parking on the causeway.
PUBLIC HEARINGS
ITEM #8 - Public Hearinq - receive public input re Public Access benefits provided to City
residents under Pinellas County's franchise agreement with Time Warner are of the same
quality as those previously provided under City's franchise with Time Warner (PCM)
The Mayor reported he had a conflict of interest and recused himself. He left the
dais.
On November 21, 1996, the City and Time Warner entered into a cable franchise
agreement, which required Time Warner to provide public access facilities and a public
access channel for the use and benefit of City residents. The agreement indicated should
Time Warner subsequently enter into an agreement with Pinellas County to provide the
same public access benefits to City residents as they then enjoyed, Time Warner's public
access obligations to the City would be satisfied. In August 2000, Time Warner entered
into a franchise agreement with the County to make payment to the County to provide
public access facilities.
The County's new public access facility now is available for use by City and County
residents. Pursuant to Clearwater's franchise agreement with Time Warner, the City is
required to hold a public hearing to determine that City resident public access benefits are
substantially the same as benefits previously enjoyed.
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Should the City determine that benefits are reduced, Time Warner would be
obligated to make payment to the City as outlined in the agreement, and the City would be
obligated to provide public access for its residents. Should the County cease to provide
public access facilities for use by City residents, Clearwater would be required to hold a
new public hearing and could require Time Warner to make appropriate payment to the
City.
In response to a question, Public Communications and Marketing Director Jacqueline
Molsick said Time Warner will maintain its Pinellas Park facility for a while but plans to
close it eventually. Concern was expressed staff document City resident complaints.
Commissioner Hamilton moved to approve the finding that City residents are
receiving substantially the same public access benefits. The motion was duly seconded.
Commissioners Hart, Gray, Hamilton, and Jonson voted "Aye," Mayor Aungst abstained.
Motion carried.
ITEM #9 - Public Hearinq & First ReadinQ Ord. #6817-01 - Vacating W3' of 10' drainage &
utility easement lying along east property line, less southerly 3.5' thereof, & N 1 .5' of 5'
drainage & utility easement lying along south property line less easterly 7' thereof; said
easement located in Northwood Estates Tract F, Blk F, Lot 12, alkla 2549 Redwood Way
(Shultz, V2001-12)(PWl
The applicant proposes to replace a swimming pool enclosure and resurface a pool
deck, which encroach into the drainage and utility easement. The swimming pool was
permitted and built in 1978, prior to the current review procedures implemented to prevent
encroachments. Public utilities and staff do not object to the vacation request. The City
has no utilities in the subject easement.
Commissioner Gray moved to approve the applicant's request to vacate the west 3
feet of the 10-foot drainage and utility easement lying along the east property line, less the
southerly 3.5 feet thereof, the north 1.5 feet of the 5-foot drainage and utility easement
lying along the south property line, less the easterly 7 feet thereof, said easement located
on Lot 12, Block "F," Northwood Estates Tract "F," alkla 2549 Redwood Way. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6817-01 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6817-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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ITEM #10- Public Hearinq - Declare surplus for purpose of exchange of real property,
vacant parcel, Magnolia Park Sub., Blk 12, Lot 8, and parcel 16-29-15, M&B 14.02 alkla
City Parking System Lot #25; approve contract for exchange with Church of Scientology
Religious Trust, exchanging said parcels for real property, Magnolia Park, Blk 7, W10' of
Lot 12, Lot 13, Lot 14 & E8' of Lot 15; the exchange constituting full consideration for
transaction, plus cost of termite treatment, survey & closing costs estimated at $6,900
(PW)
The City-owned unimproved, 8,000 square-foot property, Lot 8, Block 12, Magnolia
Park Subdivision, assessed by the Property Appraiser at $47,600, is used for Police staff
parking. The City-owned 14,200 square-foot Parking Lot Number 25, assessed by the
Property Appraiser at $85,000, supports 37 metered and permitted parking spaces and
generates about $4,000 annually to the Parking System. The Church of Scientology
Religious Trust has submitted a proposed contract to exchange property at 612 Franklin
Street, purchased on April 11, 2001 by the church for $365,000, for the two subject City-
owned properties. Both City-owned properties are contiguous to Scientology owned
properties.
The Scientology owned property, improved with a 6,400 square-foot building that
previously featured the Cricket Early Learning Center, is surrounded by the Police and Fire
Departments and is desirable for future City use.
The City-owned parcels are deemed to have a market value of $156,500 for
purposes of the proposed exchange. The market value is calculated as 11 5 % of these
parcels assessed values. Market value for the day care property is considered to be the
reported $365,000 Scientology paid for the property. In November 1999 and January
2000, PBS&J (Post Buckley Schuh and Jernigan) performed Phase I and Phase II
environmental audits and an asbestos survey of the property and recommended no further
action as no asbestos was reported.
The City Attorney reported the closing date needs to be extended to coincide with
an associated vacation.
Commissioner Hamilton moved to declare as surplus for the purpose of transacting
an exchange of real property, a vacant parcel legally described as Lot 8, Block 12,
Magnolia Park Subdivision, and metes and bounds parcel 16-29-15-00000-140-0200, alkla
City Parking System Lot Number 25, and approve a Contract for Exchange of Real Property
with the Church of Scientology Religious Trust, exchanging said surplus parcels for real
property legally described as the West 10 feet of Lot 12, all of Lots 13 & 14, and the East
8 feet of Lot 15, Block 7, Magnolia Park, the properties to be exchanged constituting full
and sufficient consideration for the transaction, plus the cost of treatments for termites,
survey, and closing costs, estimated at $6,900, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
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ITEM #11 - Public Hearinq - Res. #01-26 - Relating to construction of Keene Road, from
Druid Road to Sunset Point Road; dedicating certain land as public r-o-w; declaring certain
lands as surplus; finding public purpose; granting r-o-w interest in certain city owned lands
to Pinellas County; conveying City's cultural arts workshop building at 1778 Drew Street to
Pinellas County; granting easement interest in certain city owned land to Pinellas County;
granting ingress & egress rights over certain city owned land to Pinellas County;
authorizing City Manager to execute certain documents (PW)
On October 21, 1999, the City Commission approved an Interlocal Agreement with
Pinellas County to coordinate efforts to construct Keene Road between Druid Road and
Sunset Point Road. Among Agreement provisions, the County agreed to relocate City
utilities impacted by the project, to reimburse the City up to $80,000 for preparation of
plans for utility relocation, pay up to $230,000 for the Cultural Arts Workshop Building at
1776 Drew Street, and pay up to $20,000 for park improvements, as determined by the
City. In exchange, the City agreed to dedicate portions of City-owned property as right-of-
way, to grant five perpetual drainage & utility easements to encumber other City-owned
property, to convey to the County all newly dedicated right-of-way and referenced
easements, to transfer portions of other existing right-of-way within the project corridor,
and to allow the County ingress and egress over portions of City-owned lands adjacent to
parcels conveyed during the life of the project.
A February 7, 2000 appraisal of the Workshop site, obtained by the County, valued
the parcel at $250,000, $20,000 above the agreed upon payment. The preliminary legal
description of the Workshop parcel excluded approximately 6,600 square-feet of land in its
southeast corner. County staff has agreed to include this additional land in the Workshop
parcel to be conveyed, and to add $20,000 to the value stipulated in the Interlocal
Agreement, increasing the total consideration the County will pay for the Workshop to
$250,000. The proposed resolution also authorizes the County to use portions of City-
owned lands adjacent to the parcels being conveyed, up to a depth of 10 feet, for ingress
and egress purposes during the life of the project. The right-of-way to be transferred is the
same, regardless of the number of lanes constructed.
In reference to moving the utilities, City Engineer Mike Quillen said staff is
discussing with the County a way to split costs, which are $300,000 more than estimated.
The City also wants the County to construct a fence and rebuild the golf course's green
and tee areas disturbed by construction. The project will require the same amount of
dedicated right-of-way whether the section between Druid and Drew roads has four or six
lanes. In response to a question, he said staff will consider the aesthetics of the fence.
Parks & Recreation Director Kevin Dunbar said a 10-foot high fence would be adequate to
protect Keene Road traffic.
In response to concerns regarding the width of the road extension, Mr. Quillen
recommended against reviewing each item in the related Interlocal Agreement. It was
stated some County officials are upset the City has retracted its support of the six-lane
portion, long after the project's first Interlocal Agreement in 1985. It was felt while
government bodies change, previous agreements should be honored. It was stated the City
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Commission is responding to the affected neighborhoods. The City Attorney cautioned
against unilaterally reopening Interlocal Agreements. The Interim City Manager said the
Interim County Manager had felt it reasonable to work with the City on space for a passive
park.
It was noted "Skycrest Park" may benefit from related enhancements. Gratitude to
the MPO (Metropolitan Planning Organization) was expressed for reconsidering the width of
the extension through Skycrest.
It was requested staff present quarterly reviews of planned road projects in the City
and their related impacts.
Commissioner Gray moved to approve implementation of provisions of that certain
Interlocal Agreement with Pinellas County, dated December 29, 1999, related to the
project to construct Keene Road between Druid Road and Sunset Point Road, and in
compliance with Section 2.01 (d)(5) of the City Charter, declare as surplus and dedicate as
public right-of-way the West 135 feet of Tract "A" Unit 4 of Skycrest Subdivision
("Skycrest Park" - Project Parcel #25), Parcel 44/01, an approximately 5-acre parcel in the
southeast quarter of the southeast quarter of Section 11, Township 29 South, Range 15
East, including the Cultural Arts Workshop at 1778 Drew Street (Project Parcel #26), a
portion of the City Nursery at 901 Saturn Avenue, and a portion of Parcel 32/01,
Clearwater Golf Park, in Section 12, Township 29 South, Range 15 East (together being
Project Parcel #32), an additional portion of Clearwater Golf Park being a portion of Lot 9,
Pinellas Groves Subdivision, as recorded in Plat Book 3, page 15, Pinellas County Public
Records (Project Parcel #38), portions of Lots 1, 7, 8, and 9 in said Pinellas Groves
Subdivision (Project Parcels #40, #42, and #52), and declare as surplus for the purpose of
granting perpetual drainage and utility easements portions of Parcel 32/01, Clearwater Golf
Park, in Section 12, Township 29 South, Range 15 East (Project Parcels #34, #35,#37,
and #53), and the remainder of "Skycrest Park" not dedicated as right-of-way (Project
Parcel #25A), and to adopt the resolution conveying and transferring said right-of-way and
easements in compliance with Section 2.01 (d)(5)(v) of the City Charter, and authorize
County ingress and egress to a depth of 10 feet adjacent to the parcels being conveyed
over City-owned properties as legally described in Exhibit "0," and transfer operational
responsibility for existing City maintained right-of-way lying within the planned corridor for
Keene Road, Phase 1 A and 1 B as defined in 100% plans for said project and depicted in
Exhibit "I," Page 1, to Pinellas County, all in consideration of receipt of $350,000, and
other valuable consideration defined therein, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #01-26 and read it by title only.
Commissioner Gray moved to pass and adopt Resolution #01-26 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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. ITEM #12 - Public Hearina & First Readina Ord. #6795-01 - Amending Sec. 3-601 to revise
dock provisions in their entirety; amending Sec. 3-909 to revise newsrack provisions in
their entirety; amending Sec. 8-102 to add definition of newsrack and modular newsrack
(PLD)
In February 2001, the COB (Community Development Board) reviewed and
recommended approval of Ordinance 6680-01 to amend dock and newsrack requirements.
In March 2001, the City Commission requested further review of the proposed revisions
and directed staff to gather additional input related to dock requirements. The City
Commission also wanted more time to consider reducing the separation requirement for
modular newsracks from 300 feet to the original 100-foot separation requirement. Staff
has met with representatives of Sand Key, the Marine Advisory Board, the Environmental
Advisory Board, dock contractors, and the newspaper industry.
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Based on input, staff made changes to the dock and newsracks regulations: 1)
require commercial docks to receive COB approval, with Harbormaster and Public Works
Environmental Manager participation in DRC (Development Review Committee) review prior
to COB consideration; 2) add use, environmental, and navigational criteria for commercial
docks; 3) permit multi-use docks as a Level One, minimum standard, approval, provided
deck area is less than 500 square-feet; 4) treat multi-use docks larger than 500 square-feet
as commercial docks; 5) permit deviations to docks serving single-family and two-family
residences to be approved by the Community Development Coordinator as a Level One,
minimum standard, approval if adjacent property owners sign statements of no objection.
Should adjacent property owner signatures not be obtained, the COB, after DRC review,
may approve deviations through a Level Two, flexible standard, approval process provided
one of three criteria is met; and 6) exempt single newsracks by drive-through lanes from
compliance with 100-foot radius separation requirement.
Assistant Planning Director Cyndi Tarapani reviewed a change to the proposed
ordinance to add language related to tourist area and downtown newsracks and to
incorporate newsracks into plans for scenic corridors.
Three people spoke in support of the ordinance.
In response to a question, Ms. Tarapani said Code refers to the "Community
Development Coordinator" as the person who administers the Code. Planning Department
staff also participate in the process, although the Planning Director is the final authority. It
was felt more than one staff member should participate in the dock permitting process.
It was noted that originally there had been concern the proposed 1 OO-foot spacing
between news racks would damage community character. Several situations were
considered and it is now believed the 100-foot separation is necessary for aesthetics and
to simplify the process. If this agreement is unsuccessful, increased separation
requirements will be requested.
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Commissioner Hamilton moved to approve the text amendments to the Community
Development Code. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6795-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6795-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #13 - Ord. #6612-00 - Land Use Plan Amendment to Residential/Office General,
1106 Druid Rd. S., Bluff View, part of Lot 30 and Harbor Oaks, part of Lot M (Steven B.
Chapman)
The City Attorney presented Ordinance #6612-00 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #661 2-00 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Hamilton, Jonson and Aungst.
"Nays": None.
Absent: Gray
Motion carried.
ITEM #14 - Ord. #6613-00 - Office and LDR Zoning, 1106 Druid Rd. S., Bluff View, part of
Lot 30 and Harbor Oaks, part of Lot M (Steven B. Chapman)
The City Attorney presented Ordinance #6631-00 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6631-00 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Hamilton, Jonson and Aungst.
"Nays": None.
Absent: Gray
Motion carried.
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ITEM #15 - Ord. #6782-01 - Vacating 10' drainage & utility easement lying along a line
660' east of the west property line of M&B 41.05, Sec. 5-29-16, less S10' (School Board
of Pinellas County, V2001-07)
The City Attorney presented Ordinance #6782-01 for second reading and read it by
title only.
School Board Representative Jim Miller said neighbors now concur with the
proposed fence height. Information on all agreements with neighbors has been submitted
to the City. The School Board was complimented for its response to neighborhood
concerns. The Interim City Manager said he has suggested a meeting with the School
Board Administrator to discuss the challenges of construction in a built out community.
Commissioner Gray moved to pass and adopt Ordinance #6728-01 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #16 - (Cont. from 6/7/01) Ord. #6784-01 - Annexation (& redefining boundary lines
of City to include said addition), 1601 Druid Rd., Sec. 14-29-15, M&B 43.12 & 43.16
(Charles Hammrick, Dorothy E. Hammrick, Richard L. Kamensky and Elizabeth Plecker)
AND
ITEM #17 - (Cont. from 6/7/01) Ord. #6785-01 - Land Use Plan Amendment to Residential
Urban, 1601 Druid Rd., Sec. 14-29-15, M&B 43.12 & 43.16 (Charles Hammrick, Dorothy
E. Hammrick, Richard L. Kamensky and Elizabeth Plecker)
AND
ITEM #18 - (Cont. from 6/7/01) Ord. #6786-01 - LMDR Zoning, 1601 Druid Rd., Sec. 14-
29-15, M&B 43.12 & 43.16 (Charles Hammrick, Dorothy E. Hammrick, Richard L.
Kamensky and Elizabeth Plecker)
The City Attorney reported staff has not received information required before the
property can be annexed.
Commissioner Jonson moved to continue Ordinances #6784-01, #6785-01, and
#6786-01 to a date uncertain. The motion was duly seconded and carried unanimously.
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ITEM #19 - Ord. #6796-01 - allowing City Manager to sign off on standard, 3 year lease
agreements for current marina building tenants, without taking to Commission
The City Attorney presented Ordinance #6796-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6796-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #20 - Ord. #6806-01 - Annexation (& redefining boundary lines of City to include said
addition), 2492 Belleair Rd., Sec. 19-29-16, M&B 43.09 & 43.10 (Belleair Townhouse
Partnership, Ltd.)
The City Attorney presented Ordinance #6806-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6806-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #22 - Ord. #6808-01 - MDR Zoning, 2492 Belleair Rd., Sec. 19-29-16, M&B 43.09 &
43.10 (Belleair Townhouse Partnership, Ltd.)
The City Attorney presented Ordinance #6808-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6808-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #23-34) - Accepted as submitted.
Consent Agenda items require no formal public hearing and are subject to approval
by a single motion. Any City Commissioner or the City Manager may remove an item from
the Consent Agenda for individual discussion and vote.
ITEM #23 - Approval of Purchases & Declaration of Surplus per Purchasina Memorandum:
1) Smith and Wesson, 300 automatic pistols, 40 caliber, with 3 magazines each, Safariland
SSIII holsters & Trijicon night sights, $67,389 (net cost after trade-in)(PD)
2) Angelo's Aggregate Materials, Ltd.' d/b/a Angelo's Recycled Materials, disposal of yard
waste & construction materials, 7/1/01-9/30/02, estimated $700,000 (SW)
3) Office Depot Business Services, office supplies, 6/27/01-6/30/03, estimated $500,000
(FN)
4) Anderson & Shah Roofing, Inc., roof replacement at Countryside Library, $40,800 (GS)
5) Ross Systems, Inc., software license & maintenance, 6/30/01-6/29/02, $85,000 (IT)
6) MGI Morgan General Mechanical Group, generator relocation from NE Plant to Marshall
Street Plant, $54,333 (PU/WPC)
7) Maroone Chevrolet, one 2001 Chevrolet Silverado pickup with utility body, $26,782;
financing to be provided under City's Master Lease-Purchase Agreement (GS)
8) Maroone Chevrolet, one 2001 Chevrolet Silverado pickup with options, $25,480;
financing to be provided under City's Master Lease-Purchase Agreement (GS)
9) Atlantic Ford Truck Center, two 2001 Sterling L T 9500 cab & chassis with McClain E-Z
Pack Magna Hoist roll off body, replacements, $111,022 (SW)
10) Architectural Fountains, 1 st renewal option, fountain maintenance, 8/1/01-7/31/02,
estimated $120,000 (PR)
11) Tampa Bay Engineering Inc., EOR, GIS database development for stormwater
management system, $60,000 (PW)
1 2) Declare surplus to city needs, vehicles & equipment; authorize disposal through sale at
Tampa Machinery Auction or trade-in
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ITEM #24 - Increase contract URS Corporation Southern for additional soil remediation at
901-927 Cleveland Street (Parcel B) owned by CRA, increase of $269,635 for total change
from $89,500 to $359,135 (ED)
ITEM #25 - Brownfields Site Rehabilitation AQreement with FDEP re property located at
901-927 Cleveland Street (ED)
ITEM #26 - Reappoint Rick G. Stucker to Firefighters Supplemental Trust Fund Board of
Trustees (FD)
ITEM #27 - Aareement with Grant Thornton LLP, auditing services, 5 fiscal years ending
9/30/2001 through 2005, total fee not to exceed $480,000 (FN)
ITEM #28 - Lease Aareement with Clearwater Housina Authoritv for premises located at
2931 Sandlewood Drive, for term 8/1/01-7/31/02 (PO)
ITEM #29 - Accept Grant & approve correspondina Aareement from Juvenile Welfare Board
totaling $38,400 for 100% funding of 2 teen programs (PR)
ITEM #30 - Contract for Cooper's Point Timber Vehicle BridQes to Bayshore Construction,
Inc., $85,582.20 (PW)
ITEM #31 - Work Order to URS Dames & Moore to remove underground hydraulic lift tanks
& drain traps at former Dimmitt property known as Property D, located at 901-909 Park
. Street, $39,403 (PW)
ITEM #32 - Waterline & Fire Line Easement - Arbor Office Center US19 (Lincare Holdings,
Inc.)(CA)
ITEM #33 - Sidewalk Easement - portion of property adjacent to Palm Avenue IPinellas
County)(CA)
ITEM #34 - Set Attornev-Client session re Vecchio v. City for 7/12/01 at 5:00 p.m. ICA)
Commissioner Gray 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.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #35 - Mid-Year Budaet Review IBU)
In his June 6, 2001 memorandum regarding the Mid Year Budget Review and
amended City Manager's Annual Budget Report, the Interim City Manager reported the
General Fund budget reflects a $159,520 net increase at midyear: 1) 50,000 - Police
Department operating budget for overtime related to missing child case; 2) $35,710 -
Economic Development for City Commission approved contract with National Development
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Council; 3) $33,510 - Parks & Recreation Department for increased utility costs; and 4)
$18,250 - Non-Department program funding for CRA (Community Redevelopment
Agency). All increases are offset by decreases in other General Fund operations and
increased revenues to the General Fund due to greater franchise fees related to the cold
winter plus increased building permit activity.
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At midyear, the General Fund's unappropriated retained earnings remain at
approximately $8.7-million, approximately 10.4% of the amended General Fund Budget,
where 8% is required by Commission policy. Amendments include: 1) Water & Sewer
Fund - reflect return to operating fund of remaining monies from several closed capital
projects & establishment of several new projects, part of utility rate study/increase adopted
in May by City Commission; 2) Gas Fund - reflect anticipated savings in fuel costs from
projected rates. Current fund revenues are more than $1-million above original projections;
3) Solid Waste Fund - reflect increases in commercial revenues, cash pool interest earnings,
& increased rentals and sales of compactors plus increased expenditures reflecting higher
dump fees & small operating amendments. Increased revenues more than offset operating
expenditure increases; 4) Recvclin!:! Fund - reflect increases in sale of recyclables & cash
pool earnings, which offset increased operating costs due to increased volume of recyclable
commodities; 5) Marine & Aviation Fund - increased revenue reflects slip rent adjustments,
increases in building rental revenue, & a $139,000 allocation for the JPA (Joint
Participation Agreement) with FDOT (Florida Department of Transportation) for Airpark
improvements approved in March by the City Commission; 6) Parkin!:! Fund - reflect
increased revenues due to parking rate increase approved in January. Remaining minor
amendments are easily offset by increased revenues; and 7) Internal Services Funds - in
March, the City Commission approved amendments to include the $2,695,000 allocation
from the Central Insurance Fund to the Capital Improvement Project for the Community
Sports Complex, and amendments in the Administrative Service and Garage Funds
increasing telephone expenditures and decreasing radio charges following the January City
Commission approval of the Nextel cell phone contract.
Amendments to the Capital Improvement Fund reflect a net increase of
$20,660,329. The City Commission previously approved all significant Capital
Improvement budget increases, including the establishment of almost $15-million in Water
& Sewer Fund operation projects as part of the rate study increase, more than $3-million in
grant proceeds from other agencies supporting City projects, $2.7-million for the
Community Sport Complex, and more than $760,000 for two fire engines for the Sand Key
and Northwest Fire stations. The Special Pro!:!ram Fund reflects a budget increase of more
than $1-million and includes almost $350,00 in grant receipts and court proceeds to
support Police programs, and almost $360,000, recognizing sales and sponsorships
supporting the Special Events project. Additional amendments recognize $73,000 from
JWB (Juvenile Welfare Board) for recreation programs, $93,600 from recreation facility
impact fees for Sand Key improvements approved in February by the City Commission, and
other amendments recognizing interest earnings and donations.
Budget Director Tina Wilson said amendments include two FTE positions for tree
trimmers. The Parks & Recreation Department previously had contracted the work. The
modification will not change expenses.
.
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Commissioner Hamilton moved to approve the Midyear budget and amended City
Manager's Annual Budget Report. The motion was duly seconded and carried unanimously.
a) First Reading Ord. #6815-01 - Amending Operating Budget for Fiscal Year ending
9/30/01
The City Attorney presented Ordinance #6815-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6815-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
b) First Reading Ord. #6816-01 - Amending Capital Improvement Budget for Fiscal Year
ending 9/30/01
The City Attorney presented Ordinance #6816-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6816-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #36 - Res. #01-22 - electing not to require and collect permit fees from any providers
of communications services that use or occupy City rights-of-way; thereby adopting the
Communications Services Tax conversion rates established by the 2001 Florida Legislature
for fiscal years 2001-02 & 2002-03 (IA)
The Mayor reported he had a conflict of interest and recused himself. He left the
dais.
During its 2000 Session, the Florida Legislature enacted the "Simplified
Communications Services Tax" law, effective October 1, 2001, which combined seven
communications taxes and fees into: 1) State tax and 2) local option tax. The law
combined sales tax on communications services, the local public services tax, and local
franchise fees on telecommunications and cable companies, allocated the gross receipts
tax on communications services, and provided a permit fee option for local governments.
The law provides a new way to tax telecommunications, cable television, and direct
broadcast satellite services to broaden the tax base for local governments.
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Throughout 2000, communications companies and local governments supplied
information to the Department of Revenue regarding the assessment of various taxes. A
Revenue Estimated Conference used the information to calculate revenue-neutral tax rates,
not to exceed a maximum of 5.1 % for cities, which were adopted during the 2001
Legislative session.
The Legislature adopted two tax conversion rates for each local government: 1)
transition year rate beginning October 1, 2001 - slightly higher to account for 11
payments received in first year and 2) slightly lower rate to begin October 1, 2002.
In addition to the tax rate enacted by the Legislature, local governments may impose
a 0.12% permit fee option if they to not charge permit fees of communications service
providers. Selecting this option will provide Clearwater with a 5.52% tax rate for the
conversion year beginning October 1, 2001, and a 5.12% tax rate for the year beginning
October 1, 2002. The rates are designed to be revenue neutral and provide a fair, efficient,
and uniform method for taxing communications services. These tax rates replace current
rates of 7% telecommunications public service tax, 5% cable franchise fee, and 1 %
telecommunications franchise fee. The Department of Revenues must receive the related
City resolution via certified mail on or before July 16, 2001.
FY (Fiscal Year) 1999 revenues totaled $6,068,885: 1) $4,894,978 - public service
tax; 2) $862,250 - cable franchise; 3) $308,657 - telephone franchise; and 4) $3,000 -
right-of-way permit fees.
Commissioner Jonson moved to elect not to require and collect permit fees from any
providers of communications services that use or occupy City rights-of-way and adopting
the Communications Services Tax conversion rates established by the 2001 Florida
Legislature for FY 2001/02 and 2002/03 (CS/CS/CS/SB 1878). The motion was duly
seconded. Commissioners Hart, Gray, Hamilton, and Jonson voted "Aye." Mayor Aungst
abstained. Motion carried.
The City Attorney presented Resolution #01-22 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-22 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson.
"Nays": None.
Abstain: Aungst
Motion carried.
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ITEM #37 - Res. #01-19 - authorizing execution of Joint Participation Agreement with
FDOT for 3rd supplemental agreement of Airport Master Plan to add stormwater
management planning & permitting (MR)
This no cost Supplement, to be accomplished at FDOT request, combines
stormwater management plans for the Airpark Master Plan rather than bringing stormwater
plans related to individual Airpark projects as they are brought forward. FDOT, SWFWMD
(Southwest Florida Water Management District), staff, and PBS&J agree on this proposal.
The plan is estimated to cost $50,000. Sufficient funds in the Master Plan Project will
cover the City's $25,000 share.
In 1988, Greiner, Inc., prepared the original Airpark Master Plan, which the City
Commission adopted in 1989. FDOT's Aviation Group recommends updating airport
master plans every 5 years. Updating the master plan was important as solicitation for
FBO (Fixed Base Operator) proposals were based on the City's projected 5-year Airpark
development plan. It was necessary to have the Plan, including proposed improvements,
approved for the City to remain eligible for FDOT or FAA (Federal Aviation Administration)
funding. The City does not use Federal funds, as the Airpark does not meet Federal
criteria.
In 1997, the City adopted Resolution 9997-10, with FDOT agreeing to provide 50%
reimbursable funding to update the Clearwater Airpark Master Plan at an estimated cost of
$100,000. The City programmed their portion from the FY 1997/98 CIP budget. Approval
of the JPA did not constitute Commission approval of the project. The Engineering Director
Rich Baier had said if the item was put out to bid, staff could not bring it forward within
established time constraints.
PBS&J, engineer of record, had worked on other Airpark projects and submitted
Supplemental Work Order #1 to the Clearwater Airpark 1999 Master Plan update in March
2000, for a maximum fee of $44,676. FDOT amended the project description to maintain
compliance with FDOT licensing regulations, increasing the JPA to $144,676. FDOT paid
68% of the project, or $80,176. In August 2000, the City Commission approved PBS&J
Supplemental Work Order #2 for a maximum fee of $29,788. FDOT increased the JPA to
$174,788 to cover costs related to an aeronautical obstruction, geodetic, and topographic
survey. The City paid $64,500. FDOT paid $109,694.
This resolution, to adopt Supplement #3 adds stormwater management planning and
permitting to the Airpark Master Plan. FDOT funding will be added after July 1, 2001, if
existing funds are insufficient.
Commissioner Gray moved to authorize a JPA (Joint Participation Agreement with
Florida Department of Transportation, for supplement #3 of the Airport Master
PlanlStormwater Management Plan and Permitting, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
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The City Attorney presented Resolution #01-19 and read it by title only.
Commissioner Jonson moved to pass and adopt Resolution #01-19 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #38 - Provide direction re Sister City Proqram
It was proposed the City assist the non-profit organization to be more independent,
while retaining a liaison with the City. It was recommended that time consuming chores
related to the program be handled by volunteers rather than City staff.
Rita Garvey, representative for the Sister City Non-Profit organization, stated the
program is City Commission driven. She suggested a Commission member join the
organization's board of directors. It was recommended the organization's roles be better
defined. She said organization members are prepared to handle related labor. Discussion
ensued regarding projects and past breaks in communication between organization
volunteers and City staff.
It was noted Nagano invests significantly more money than the City for related
costs. It was suggested the organization also could tap into local resources to support
related expenses.
Commissioner Gray offered to serve as a representative. It was felt the Sister City
organization is valuable and volunteers were thanked for their efforts. It was suggested
the City could duplicate St. Petersburg efforts and send a little league team to play in
Nagano.
Consensus was for Commissioner Gray to be the Commission's Liaison with the
Sister City Committee.
ITEM #39 - Approve Local Aqency Proqram Work Order to Owen Ayres & Associates, Inc.,
for Clearwater Beach West Bridge / Spur Connector project design, $479,000 (PW)
FDOT selected Owen Ayres & Associates, Inc. to design the Clearwater beach west
bridge/spur connector project in accordance with the Consultants Competitive Negotiations
Act. FDOT negotiated the $479,000 fee, which the City reviewed and approved.
Subsequently, FDOT awarded LAP (Local Agency Program) certification to the City to
manage and design FDOT funded projects. The City will manage the design and
construction of this project, which is funded 100% by FDOT. The pedestrian bridge will
span Mandalay Channel south of the fishing pier, and connect the Clearwater beach and
Memorial Causeway sidewalks.
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The consultant will prepare final design documents and construction plans. Work
elements include bicycle/pedestrian trails, PD&E (Project Development and Environmental)
evaluation and documentation, conceptual engineering study, bridge substructure &
superstructure, geotechnical services, retaining walls, drainage, all necessary permits,
traffic control plans, signing & paving markings, signalization, utility adjustment plans,
construction cost estimate, quantity computation booklets, and all other work necessary
and incidental to completion of the project.
In response to a question, Public Works Administrator Mahshid Arasteh said the
affected sidewalks already are 15 feet wide. Staff was thanked for their efforts.
Commissioner Jonson moved to approve the LAP (Local Agency Program) work
order to Owen Ayres & Associates, Inc. for the Clearwater Beach West Bridge/Spur
Connector project design in the amount of $479,000, and that the appropriate officials be
authorized to execute same. The motion was duly seconded.
It was requested the project consider navigational issues and the height of a future
nearby replacement bridge when designing this project.
Upon the vote being taken, the motion carried unanimously.
ITEM #40 - Aoorove Local AQencv ProQram Work Order to Owen Avres & Associates, Inc.,
for McMullen Booth Road Flyover/Overpass project design, $400,000 (PW)
FDOT selected Owen Ayres & Associates, Inc. to design the McMullen-Booth Road
Flyover/Overpass in accordance with the Consultants Competitive Negotiations Act. FDOT
negotiated the $400,000 fee, which the City reviewed and approved. Subsequently, FDOT
awarded LAP (Local Agency Program) certification to the City to manage and design FDOT
funded projects. The City will manage the design and construction of this project, which is
funded 100% by FDOT. The pedestrian overpass will span McMullen-Booth Road, north of
Drew Street, and connect the East-West trail.
The consultant will prepare final design documents and construction plans. Work
elements include bicycle/pedestrian trails, PD&E (Project Development and Environmental)
evaluation and documentation, conceptual engineering study, overpass foundations &
superstructure, geotechnical services, retaining walls, drainage, all necessary permits,
traffic control plans, signing & paving markings, signalization, utility adjustment plans,
construction cost estimate, quantity computation booklets, and all other work necessary
and incidental to completion of the project.
Commissioner Hamilton moved to approve the LAP (Local Agency Program) work
order to Owen Ayres & Associates, Inc. for the McMullen-Booth Road Flyover/Overpass
project design in the amount of $400,000, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
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ITEM #41 - Authorize contractina with Siemon and Larsen for development consulting
services & legal services related to redevelopment of Clearwater Beach and Downtown,
with upset limit of $125,000 (PLD)
In December 2000, the City contracted with Siemon and Larsen for consulting
services: 1) of major investment opportunities on Clearwater beach; 2) adoption and
implementation of Beach by Design; 3) negotiation of business deals with prospective
developers; 4) legal services related to producing development agreement{s) for City
Commission consideration; and 5) related required legal services. Rates were $200/hour
for Mr. Siemon and $175/hour for Ms. Larsen.
Since then, the City has experience significant activity: 1) proposal for three major
development projects on Clearwater beach; 2) selection, negotiation, and approval of
development agreement; 3) litigation by adjoining property owner regarding approved
development agreement; 4) requirement for City to seek alternative parking garage
alternatives as a result of litigation; and 5) PPC's (Pinellas Planning Council) position
regarding approval of Beach by Design. Also, the consultant has been involved in
developing opportunities to redevelop a number of Clearwater beach projects and
properties. These activities have absorbed the current contract with an estimated total of
479 hours: 1) 39 hours - Beach by Design; 2) 95 hours - Marriott Seashell Deal; 3) 169
hours - Development Agreement; 4) 17 hours - Markopoulos Litigation; 5) 74 hours -
Parking Garage Alternatives; and 6) 85 hours - Miscellaneous Projects.
.
Administration and Legal staff anticipate the Markopoulos litigation, parking garage
alternatives, recruiting additional resort projects, redevelopment of the East Shore area, and
Downtown development options will require development consultant and legal services.
The firm is well educated regarding development considerations in Clearwater, and can
provide these services at a better rate than a firm that is unfamiliar with the City. Staff
review of Siemon and Larsen billing indicates the firm has absorbed considerable service
time rather than billing in an aggressive manner. The firm's excellent public and private
sector relationships and experience benefit the City.
Concern was expressed staff depend on Siemon and Larsen services less after three
years of assistance. It was recommended uses for the funding be limited. It was hoped
staff would need Siemon and Larsen assistance only with the management of development
agreements. It was felt Siemon and Larsen should not be used to further any beach
parking garage issues.
The City Attorney said Siemon and Larsen have acted as consultants regarding the
Markopoulos litigation. Planning Director Ralph Stone said staff historically has handled
most City planning. Siemon and Larsen has helped with strategic planning, negotiating,
legal services, and brainstorming. He said the firm has national contacts that could be
used to attract businesses for downtown development. It was recommended the size of
this contract be limited to $50,000. The City Attorney said staff anticipates this request
will cover the next 15 months. It was stated the City needs Charlie Siemon for his
expertise as a witness for the Markopoulos litigation.
.
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It was recommended staff monitor the contract and provide the City Commission
with regular updates regarding the firm's efforts. Staff will provide the City Commission
with the firm's monthly consultant report.
Commissioner Hamilton moved to authorize to contract with the firm of Siemon and
Larsen for development consulting services and legal services related to the redevelopment
of Clearwater beach and Downtown with an upset limit of $125,000, and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Commissioner Jonson moved to amend the motion to limit the contract to $75,000
and to revisit the issue in September 2001 to consider the remainder of the contract
amount. The motion was duly seconded.
It was suggested by September the City Commission would have adequate feedback
to reconsider the remaining funding. The City Attorney recommended obligating $100,000
available in the Legal Department's budget.
Upon the vote being taken to amend the motion, Commissioner Jonson voted
"Aye"; Commissioners Hart, Gray, and Hamilton, and Mayor Aungst voted "Nay." Motion
failed.
Upon the vote being taken on the original motion, Commissioners Hart, Gray, and
Hamilton, and Mayor Aungst voted "Aye"; Commissioner Jonson voted "Nay." Motion
carried.
ITEM #42 - Ratifv & Confirm Interim City Manager's decision to increase contract with
Tampa Tribune for advertising services, from $24,999 to $54,999; approve requested
increase of $30,000 from unappropriated retained earnings of General Fund (eLK)
Factors, unknown during budget preparation, have contributed to the shortfall in the
City Clerk Department advertising budget. An increase in annexation applications, the
Periphery Plan, Beach by Design, etc., has created an extraordinary demand for advertising.
A Code amendment required all continued public hearing items to be readvertised. The
requirement for PPC review before second reading required a large number of annexations
to be continued and readvertised. Periphery Plan public hearings were continued more than
once, requiring costly display readvertising each time.
On May 21, 2001, the Interim City Manager approved an emergency increase
request, necessary to meet financial obligations for past and future advertising services
provided by the Tampa Tribune.
The City Clerk has requested reconsideration of the requirement to advertise all
continued items, and instead only advertise items continued to a date uncertain or longer
than 45 days. The third quarter budget amendments will include the transfer of $30,000
from unappropriated retained earnings to the City Clerk's operating budget.
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It was recommended the City charge applicants for related advertising costs when
they are responsible for continuances that require readvertising. The City Attorney said the
City could require reimbursement of related costs.
Opposition was expressed for funding the shortfall with unappropriated retained
earnings.
Commissioner Hamilton moved to ratify and confirm the Interim City Manager's
decision to increase the contract with Tampa Tribune, Tampa, for advertising services from
$24,999 to $54,999, and to approve the requested increase of $30,000 from
unappropriated retained earnings of the General Fund, and that the appropriate officials be
authorized to execute same. The motion was duly seconded. Commissioners Gray,
Hamilton, Jonson, and Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay."
Motion carried.
ITEM #43 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #44 - Res. #01-20 - Demolition Lien - 1119 Tangerine Street, Greenwood Park #2,
Blk D, Lot 25 (Marilyn Golden)
The City Attorney presented Resolution #01-20 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-20 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #45 - Other City Attorney Items - None.
ITEM #46 - City Manaoer Verbal Reports
The Interim City Manager reported Pinellas County has concerns related to the
Interlocal Agreement for the new Memorial Causeway Bridge. The County has requested a
letter of intent regarding City plans to address parking, landscaping, and stormwater issues
of concern to the County. The City Attorney said the County now uses the two subject
lots for parking and is concerned regarding the projected loss of 150 parking spaces. The
first installment of the County's $10-million commitment to the bridge project is on the
County Commission June 26, 2001 Agenda.
A Special Worksession was scheduled to discuss the new main library design on
July 11, 2001, at 6:00 p.m. A roundtable format was requested.
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ITEM #47 - Other Commission Action
Commissioner Jonson wished all a happy summer.
Commissioner Jonson encouraged neighborhoods to participate in Community
Emergency Response Training to complement Fire and Police efforts during major weather
emergencies.
Commissioner Jonson requested interested residents to contact the City regarding
two open seats on the citizens' advisory board for the Tampa Bay Estuary Policy Board.
Commissioner Jonson said the newspaper had misstated his recommendation to
transler, not cancel, City membership in the Greater Clearwater Chamber of Commerce to
the Gas Division. He supports the Chamber.
Commissioner Jonson thanked staff and the CDB for denying the Rogers Street infill
project.
Commissioner Jonson reported the Governor had vetoed a bad billboard bill.
Commissioner Jonson expressed support for a local candidate for the Florida League
of Cities election.
Commissioner Jonson wished the Mayor a successful trip to the US Mayor
Conference.
Commissioner Hamilton reported on the passing and outstanding career of Charlie
Galloway, Mr. Clearwater 1988. He sent condolences to the Galloway family.
Mayor Aunast congratulated Jeff Kronschnabl for his work with the Miami-Dade
Police Department Training Bureau, which sent a letter of appreciation for his
professionalism and knowledge in the Code Compliance course.
Mayor Aunast said he had attended the Kimberly Home Grand Opening of the Infant
Day Care and Emergency Shelter on June 10, 2001.
Mayor Aunast stated the Ruth Eckerd Hall groundbreaking for a new education
building took place on June 11, 2001.
Mayor Aunast reported the Clearwater Housing Authority Annual Awards and
Reception took place on June 14, 2001.
Mayor Aunast thanked the joint Chambers of Commerce for the "Chalk Talk" with
the Tampa Bay Buccaneers at the Harborview Center on June 15, 2001.
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Mavor Aunqst announced his son has been elected Senior Class President of his
high school, Chair of the County Commission Youth Advisory Council, selected for Boys
State of Florida, and is one of two out of more than 500 in the State elected by his peers
to attend Boys Nation.
ITEM #48 - Adiournment
The meeting adjourned at 8:52 p.m.
~ -~ JL
ATTEST:_. ... ....... ._-~~.. JJ..._
. .:.......:~ City. ~I.erk
~~
Mayor/Co issio er '
mcc06bO 1
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06/21/01
CITY
FORM 88. MEMORANOUM OF VOTING CONFLI.CT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME-FlRST NAME-MlDDLE NAME NAME OF BOARD, COUNCIL,COMMISSJON, AUTHORITY, OR COMMI1TEE
Aun st Brian Clearwater City Commission
G ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
2633 Brattle Lane. WHICH I SERVE ISA UNIT OF: .
o CITY 0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
Cit of Clearwater
MY POSITION IS:
COUNTY
Pinellas
Clearwater
DATE ON WHICH VOTE OCCURRED
June 21, 2001
o ELECTIVE
o 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. It 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 the instructions on
this fonn before completing the reverse side and filing the fonn.
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
II inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
C! rteasure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(inc uding 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 redevelopment agencies
under 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 pro-
hibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, 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 officer 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 above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording
the minutes of the meeting, who should incorporate the fonn in the minutes.
...
...
...
...
...
...
...
...
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...
...
...
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-_
~rs. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the-
decision, whether orally or in writing and whether made by you or at your direction.
IF .YOU INTEND TO MAKE ANY ATl'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VI. WILL BETAKEN: .. . ,.,.:." :-:.".;11
~..(l,'mu~tcomplete and file this fonn (before making any attempt to influence the decision) with the person responsibl~:;;~~'!'~ r
recording the minutes of the meeting, who will incorporate the fonn in the minutes.
..A copy of the form must be provided immediately to the other members of the agency.
· rhe fonn must be read publicly at the next meeting after the fonn is filed.
o\j~
CE FORM 88 - REV. 1/95
PAGE 1
'- ;: t : _ 1 ~.. . '. . : , .
;'iPYOU ~ ~~ ATrEMPi'TO INFLUENCE THE DEClS~ON EXCEPr BY DISCUSS~ON AT'1'HE MEETING:
.i'YOu'must disclose orally the nature Of your conflict in the measure befo~ participating.
You must complete the forznanll file it within 15 days after the vote occurs with the person responsible for recording thee
minutes of the meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the
other 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 J. Aungst
. hereby disclose that on
June 21
,:JIJ 200\
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special 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
inured to the special gain or loss of . which
is the parent organization or subsidiary of a principal which has retained me.
f:.(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Timp W::Irnpr TnI"'
,by
(Item #8) Public Hearing to receive public input regarding Public Access benefits
provided to City residents under Pinellas County'~s franchise agreement with Time Warner .
are of the same quality as those previously provided under City's franchise with Time
Warner.
t .
!:
~ . \
i i\'i;l
..,. ,
tDate Filed
~.al.o\
s;i:-~
: UNDER PRO~~ONS OF FLORIDA STATUTES ~1l2.317, A lif~LURE TO MAKE ANXRE~~~D~C.' .,~~'
is .,.oNSTITUTES,r,{1ROUNDS FOR AND' MAY BE PUNI,f?,J;IEDBY ONE.g~~MoRE 9~_Tf!E*FO~~wn . :
i.. ~CHMENT, REMt}V AL OR SUSPENSIONmtOM OFFlCE'OR EMPLOYM'!N1\DEMO'WON;\REDutTIONThlN
,; I.,,,,,..,,,, ,,,_,_, ' .. ' , , .
~ALA.R:Y..iREPRIMAND, OR A CIVIL PENALTY N~ TO EXCEED $10,000.
)':""~'" -~ ," "
\CE fORM SB. REV. 1/95
P~i*P
CITY
FORM 8B. MEMORANPU.M OF VOTING CONFLI,CT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS.
NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCI4COMMISSION, AUTHORITY, ~R COMMI'ITEE
Aun st Brian J. Clearwater Cit Cornmi sion
NG ADDRESS THE BOARD, COUNCI4 COMMISSION. AUTHORITY OR COMMI'ITEE ON
2633 Brattle lane' WHICH I SERVE ISAUNITOF: . .
o CITY 0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POUTlCAL SUBDIVISION:
Ci
MY
COUNTY
Pinellas
Clearwater
DATE ON WHICH VOTE OCCURRED
June 21, 2001
o ELECTIVE
o APPOINTIVE
WHO MUST FILE FORM 88
This fonn 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. It 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 the instructions on
this form before 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
IIh inures to his or her special private gain or I,OSS. Each elected or appointed local officer also is prohi, 'bited from knowingly voting
:neasure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
a uding 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 redevelopment agencies
under 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 pro-
hibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, 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 officer 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).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the 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 minutes of the meeting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi-_
~rs. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the"
decision, whether orally or in writing and whether made by you or at your direction.
IF 'yOU INTEND TO MAKE ANY A'ITEMPl' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
~WILLBETAKEN: .' , . ':':':'l=:;;-.'~
~~'mt1stcomplete and file this form (before malong any attempt to influence the decision) with the person responsible:f~~".' i
. recording the minutes of the meeting, who will incorporate the form in the minutes.
-A copy of the fonn must 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.
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oVe,
CE FORM 88 - REV. 1/95
PAGE 1
I ~,l .... . '. . . , _ 1
;~ MA:KE ~~ ATrEMPT TO INFLUENCE THE DEClS~ON EXCEPl' BY DISCUSS~ON AT'!'HE MEETING:
_+You'must disclose orally the nature Of your conflict in the measure before participating.
'You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the .
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other 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 J. Aungst
. hereby disclose that on
June 21
.~\J 200~
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special 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 Time Warner Inc.
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
fj;(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
.by
. which
(Item #36) Resolution 01-22 - electing not to require and collect permit fees from . '
any providers of communications services that use or occupy City rights-of-way; thereby
adopting the Communications Services Tax conversion rates established by the 2001 '
c Florida Legislature for the fiscal years 2001-2002 and 2002-2003.
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~j)ate Filed
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Ii J-qKI(
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,,' ': UNDER PRO~IONS OF FLORIDA STATUTES ~112.317, A ~A,ILURE TO MAKE ANYRE~t#~DllSnE.'~"
!S 'Etv:ONSTITUTE~;tf}ROUNDS FOR AND ,MAY BE PUN~~#ED'BY ONE'Ql;t~NORE9~i't~P~jpO~~wn:.. ;
.! ..... ....:NCHMENT. REM&VAL OR SUSPENSIONEROM OFFlpEOR EMPLOYMINT, DEM<!J'lYiON;'REDUCTION INN,
'.$ALAAY,lREPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000. .... '. , I
r:'!'~',. -~, _" ,.
. ',;."i
f;GE:fORM8B.REV, 1/95
P4tle~g ;