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08/16/2001 . CITY COMMISSION MEETING CITY OF CLEARWATER August 16, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray Hoyt P. Hamilton William C. Jonson Mayor/Commissioner Vice- Mayor /Com m issio n er Commissioner Commissioner Commissioner Also Present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Brenda Moses City Manager Assistant City Manager Assistant City Manager/Economic Development 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 Rabbi Arthur Baseman of Temple B'Nai Israel. 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 - None. ITEM #4 - Introductions and Awards Proclamation: Gymnastics Day - 8/25/01 ITEM #5 - Presentations a) Legislative Report - Senator Donald C. Sullivan Donald C. Sullivan said this is the first time in Florida that a community college was given the opportunity to grant baccalaureate degrees. St. Petersburg College was granted the privilege due to its great reputation, a great president, and the need expressed by Pasco and Pinellas County. He said St. Petersburg College would have a world-class facility dedicated to technological training with degree programs in physical sciences. For the first time this year, the Bayborough campus of University of South Florida has been given the opportunity to have its own budget and control its own funds and programs. He said this is a great opportunity for Pinellas County. He said this has been a hallmark year in the Legislature for Pinellas County. He said although the state's budget projections are $500 million in the hole, Clearwater needs to continue to work with the delegation to obtain as many funds as possible. . mcc08b01 1 08/16/01 . b) Legislative Report - Representative Larry Crow Representative Larry Crow said next year is his last year as State Representative. He said he enjoyed the last seven years working with Clearwater. He said the environmental issues in Florida including Stevenson's Creek cleanup efforts, etc. are being addressed. There is a reliance on tourism dollars to make things happen. The Underground Storage Recovery Wells Bill did not pass. That bill was intended to take reclaimed water and place it into the aquifer for storage. He personally felt the science behind that technology was not well proven and is pleased the bill failed. He is sponsoring a bill regarding arsenic products in wood on children's playgrounds. He said reapportionment occurs every 10 years in Florida. Florida will be gaining 2 congressional seats but Pinellas County growth has slowed and the County will lose some representation. He encouraged everyone to attend the August 27, 2001, legislative public hearing at the Long Center. c) Legislative Report & ceremonial checks regarding FRDAP grants - Representative Kim Berfield Representative Kim Berfield thanked the Commission for inviting her to Clearwater. She encouraged everyone to fight with a passion for those issues they care about. She said she was proud of her office, which tried diligently to serve its constituents. She presented grants for the North Greenwood Aquatics Center and Eddie C. Moore Softball Complex. . d) Neighborhood and Home recognition awards . The Coachman Ridge Homeowners Association received home of the quarter awards: 1) Slaughter residence at 711 Bay Avenue; 2) Pearson residence at 1002 Marshall Avenue; 3) Kolodziej residence at 1450 Cleveland Street; and 4) Andriola residence at 416 Lotus Path. The Neighborhood and Home Recognition Awards Committee also was recognized. e) Friends of the Library - Scholarship Awards Friends of the Library Chair Jan Regulski presented scholarships to this year's recipients. f) Recognition of Citywide Leadership Program Graduates Graduates of the Citywide leadership program were recognized and presented plaques. g) Florida Engineering Society Government Engineer of the Year Award Bob Brotherton presented the Florida Engineering Society Government Engineer of the Year Award to Chuck Warrington, Managing Director of the Gas System. mcc08bO 1 2 08/16/01 . h) American Public Gas Association Gas Public Gas System Achievement Award . . Mr. Warrington presented the American Public Gas Association Gas Public Gas System Achievement Award to the City. A "Taking One for the Team" Award was presented to Commissioner Hamilton in humorous recognition of his May 30, 2001 accident at Jack Russell Stadium. ITEM #6 - Approval of Minutes Commissioner Gray moved to approve the minutes of the regular meeting of August 2, 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 Agenda John Doran presented a check for $1 ,077 from Clearwater Beach Association to pay for an aqua wheelchair to be used at the beach aquatic center. Early Sorenson said people should put grease in garbage cans instead of flushing it down sewer lines. Joann Stories said she wants the opportunity to have the same type of sign as other businesses near her cafe because patrons cannot find her. Tom Sehlhorst expressed concern regarding signage. He said it is important not to delay the TIF fee as it is dedicated to blighted/slum areas. Bilal Habeeb-ullah & Joe Marshall thanked the City for its support of the North Greenwood Community Family Center & the African American Leadership Council. Mark Bunker expressed concern that Scientologists investigated those that made negative comments regarding their organization in the St. Petersburg Times. He said former Mayor Gabe Cazaras should have a monument erected in his honor for his efforts against Scientology. Loren Westenberger said people should stop religious persecution. He said that mind set is responsible for many atrocities throughout history. Carl Wagenfohr expressed concern about the proposal to move the Mandalay pedestrian crosswalk. He said the city of Cape Cod uses moveable pedestrian crosswalk signs and imposes fines if drivers violate the law. mcc08bO 1 3 08/16/01 . . . Jay Keyes said the proposed residential rental compliance code is an essential tool to help landlords maintain properties and keep neighborhoods from deteriorating. The Coalition of Clearwater Homeowners' Association fully supports the proposal. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6833-01 - Vacating 3 portions of right-of- way of First Avenue West, located south of McLennan Street & north of Woodlawn Street; retain drainage & utility easement over vacated r-o-w (City of Clearwater, V2001- 15)(PW) First Avenue West is an unimproved street right-of-way which will never be improved due to substandard right-of-way width and the proximity of structures which preclude the ability to obtain additional right-of-way. Public Works Administration proposes to vacate the right-of-way portions of first Avenue West and retain a drainage and utility easement to protect access to existing and future utilities and the right-of-way portions. Florida Power, Time Warner, Verizon and Verizon Media Ventures, Inc. have no objection to the vacation request if a utility easement is retained. The City currently has water, sanitary sewer, and storm water facilities in the street right-of-way proposed to be vacated. Commissioner Hamilton moved to approve the request to vacate the three portions of the right-of-way of First Avenue West located south of McLennan Street and north of Woodlawn Street, as described in the title of the proposed ordinance and to retain a drainage and utility easement over the vacated right-of-way. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6833-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6833-01 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 #9 - Public Hearing & First Reading Ord. #6831-01 - MHDR Zoning, 2855 Gulf to Bay Blvd., Bayside Nursing Pavilion, tract of land, 2.71 acres m.o.l., lying within Sec. 17- 29-16 (Morton Plan Mease Life Services, Inc.)(PLD) The subject property is located in the City, south of Gulf to Bay Boulevard between Sky Harbor Drive and Cross Boulevard, approximately 650 feet south of Gulf-to-Bay Boulevard. The purpose of the zoning change is to allow an existing nursing home to be a conforming use. On April 21, 1994, the City Commission approved the rezoning request of this property from RM-1 2 to RM-16 zoning district to increase allowable density to permit the construction of a 120-bed nursing facility at this site. Since then, this facility has been functioning and operating with the approved density. The RM-16 was mcc08b01 4 08/16/01 . . . reclassified to Medium Density Residential (MDR) on the adoption of the new Community Development Code on January 21, 1999, which does not permit a nursing home in this district. As a result, the existing facility (Bayview Nursing Pavilion) remains as a legally non conforming use in this district. While the nonconformity does not affect the current use of the property, it could create a problem if there were damages to the property to the extent that it had to be rebuilt. Currently, the subject site has sufficient density through its Residential Medium plan category and the proposed MHDR Zoning is consistent with the current plan category. The subject site is approximately 2.71 acres in size and would allow for 40 dwelling units based on density of 15 dwelling units per acre or 1 20 beds in a nursing home. The Planning Department determined that the proposed rezoning is consistent with the following standards specified in the Community Development Code: 1) The proposed rezoning application is consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; 4) the applications will not have an adverse impact on the natural environment; 5) the district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at their public hearing meeting of July 17, 2001, and unanimously recommended approval of all applications. Commissioner Hart moved to approve the Zoning Atlas Amendment for property at 2885 Gulf-to-Bay Boulevard (a tract of land lying within Section 17 Township 29 South Range 16 East, Pinellas County, Florida, and being more particularly described as shown in the Exhibit "A" of the Ordinance). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6831-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6831-01 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 # 10 - Public Hearing - Res. #01-23 - approving Coachman Ridge Neighborhood Plan Preparatory to implementing a Neighborhood Conservation Overlay District (NCOD) (PLD) On January 16, 2001, the Commission appointed the Coachman Ridge Study Committee and approved the initiation of the Coachman Ridge Neighborhood Conservation Overlay District planning process. Pursuant to Code Section 4-608 of the Community Development Code, a total of five public neighborhood meetings were held between February 2001 and May 2001 to mcc08b01 5 08/16/01 . develop the Coachman Ridge Neighborhood Plan. The Plan addresses existing neighborhood conditions, strengths and weaknesses, goals and objectives, and implementation. Coachman Ridge residents identified the following as strengths: 1) neighborhood location; 2) neighborhood character; 3) neighborhood infrastructure; 4) neighborhood security/safety; 5) and property values. Residents identified the following as neighborhood weaknesses: 1) Possible impacts of the new community sports complex; 2) neighborhood perimeter; 3) traffic and parking; 4) property maintenance; 5) voluntary homeowners association; and 6) lack of reclaimed water. Goals and objectives were developed to enhance the strengths identified and minimize the weaknesses. The goals and objectives provide a framework for future neighborhood activities to maintain Coachman Ridge as a desirable neighborhood. The implementation section of the plan lists the development standards to be included in the Coachman Ridge Neighborhood Conservation Overlay District. They address the following nine issues: 1) permitted uses; 2) lot sizes; 3) setbacks; 4) off street parking requirements; 5) driveway materials; 6) parking on landscaped areas; 7) parking of certain types of vehicles; 8) fences; and 9) screening requirements. . The implementation section of the Plan also focuses on neighborhood actions that will be required to implement the Plan such as education and enforcement of the overlay standards, creating neighborhood liaisons and education programs, increasing neighborhood involvement, and establishing special project committees as needed. The Coachman Ridge Neighborhood Plan is consistent with objectives and policies of the Clearwater Comprehensive Plan. There are two companion items to the Coachman Ridge Neighborhood Plan that will apply the overlay district on the zoning atlas and make Text Amendments to the Community Development Code. The specific requests are contained in two separate agenda items and ordinances. The Community Development Board reviewed the proposed Coachman Ridge Neighborhood Plan at its regularly scheduled meeting on July 17, 2001, and recommended approval subject to a final vote of the neighborhood. In response to a question, Mr. Stone said the issue of a vote came up in regard to the Island Estates NCOD process. At that time, staff advised that Coachman Ridge was well along in the process under Code as it exists. Staff does not recommend Coachman Ridge be required to take a vote at this point in the process. Bob Losi, representing the applicant, said 68% of the neighborhood (173 votes) is in favor of the Plan; 18% could not be contacted. He referred to signed and dated petitions. He said the votes were tabulated after the Plan and newsletters were . mcc08b01 6 08/16/01 . . . distributed. He said one vote per household was counted. He said the votes were not for individual items, but for the overall Plan. It was remarked that the Plan includes information regarding how the Plan can be terminated. Ms. Clayton said at the end of the last public neighborhood meeting, those in attendance from the neighborhood voted to move forward with the Plan. Mr. Losi said he was the Chair for the Study Committee for the Coachman Ridge NCOD. The process took over 10 months. He said the neighborhood meets all the requirements for NCOD status. City staff ensured the Study Committee did not deviate from the rules. He said the neighborhood expressed overwhelming support to start the process, therefore, the Study Committee was formed. He said there was lots of discussion with the neighborhood regarding the NCOD. Twelve persons spoke in support of the Plan; 4 persons were opposed. The neighborhood was complimented for their participation in the process. Concern was expressed that if the City is being asked to codify the deed restrictions, unknown costs may be incurred. Mr. Stone said the comment that the NCOD was intended to address historical preservation is not true. It was remarked that Clearwater's best and finest asset is its citizens and staff working together. It was remarked that the Plan should be monitored the first year and a status report be given to the Commission. It was requested that a record of deed restrictions, code violations, and property value trends prior to the implementation of NCOD versus after its implementation be provided. Commissioner Gray moved to approve the Coachman Ridge Neighborhood Plan. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-23 and read it by title only. Commissioner Hart moved to adopt Resolution #01-23 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 #11 - Public Hearing & First Reading Ord. #6824-01 - rezoning & applying the Coachman Ridge NCOD in addition to existing LOR & LMDR zoning for property located within boundaries of Tract A-I, A-II & A-III, Coachman Ridge Sub (PLDI This is one of three companion items relating to Coachman Ridge: Neighborhood Plan, rezoning and Text Amendments. mcc08b01 7 08/16/01 . The Coachman Ridge Neighborhood is 1 59 acres in area and is bounded by Old Coachman Road on the southwest and N.E. Coachman Road on the southeast, a Florida Power right-of-way to the east, and Campbell Road on the north. It is zoned Low Density Residential and Low Medium Density Residential. The Coachman Ridge neighborhood has future land use designations of Residential Suburban and Residential Low. These designations are consistent with the existing and proposed zoning and are not being changed. The proposed rezoning is compatible with the immediate surrounding area and will be in character with the surrounding uses. There are sufficient public facilities to accommodate the proposed rezoning. No redevelopment is expected that will impact public facilities. The location of the proposed Low Density Residential/Coachman Ridge Neighborhood Conservation Overlay District and Low Medium Density Residential/Coachman Ridge Neighborhood Conservation Overlay District boundaries is logical. The boundaries are appropriately drawn with regard to locations and classifications of streets, ownership lines, existing improvements, and the natural environment and are consistent with the boundaries of the Coachman Ridge Neighborhood. . The proposed rezoning will implement policies of the Coachman Ridge Neighborhood Plan that calls for applying the Coachman Ridge Neighborhood Conservation Overlay Zoning District as an Overlay District in addition to the existing Low Density Residential and Low Medium Density Residential Zoning districts. The proposed rezoning is consistent with objectives and policies of the Clearwater Comprehensive Plan. The Community Development Board reviewed and proposed rezoning at its regularly scheduled meeting on July 17, 2001, in its capacity as the Local Planning Agency, and recommended approval subject to a final vote of the neighborhood. Mr. Losi said in 1999, the City extended a hand to neighborhoods that qualified for the NCOD. He said the neighborhood associations are voluntary and need a helping hand to enforce deed restrictions. He said the NCOD would not be a burden. Commissioner Hamilton moved to approve a Zoning Atlas Amendment for the Coachman Ridge Neighborhood by applying the Coachman Ridge Neighborhood Conservation Overlay District as an Overlay District in addition to the existing Low Density Residential District and Low Medium Density Residential District for the Coachman Ridge Neighborhood. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6824-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6824-01 on first reading. The motion was duly seconded and upon roll call, the vote was: . mcc08b01 8 08/16/01 . "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #12 - Public Hearing & First Reading Ord. #6825-01 - amending Art. 2 of Community Development Code to create Div. 16, Neighborhood Conservation Overlay Districts; creating Sec. 2-1602, Coachman Ridge NCOD which establishes additional development standards to be applied only in the Coachman Ridge NCOD (PLD) . This is one of three companion items relating to Coachman Ridge: Neighborhood Plan, rezoning, and Text Amendments. Ordinance #6825-01 proposes to create a new division of Article 2 of the Community Development Code that would contain all neighborhood conservation overlay districts provisions. Ordinance #6825-01 also proposes to create the requirements of the Coachman Ridge Neighborhood Conservation Overlay District, which will only apply to property located within the Coachman Ridge Neighborhood. All proposed amendments implement goals and objectives contained in the Coachman Ridge Neighborhood Plan. A summary of the provisions are as follows: 1) a purpose statement is included, as well as a description of the jurisdictional boundaries of the CRNCOD and how the CRNCOD relates to the underlying zoning districts and other Code requirements; 2) permitted uses and dimensional standards are specified in the CRNCOD. Requirements are presented in the same format as used in the other zoning districts. (i.e. charts listing minimum standard, flexible standard, and flexible development uses and requirements; 3) certain driveway materials are prohibited; 4) parking on landscaped areas is prohibited; 5) certain types of vehicles, trailers and boats are permitted in Coachman Ridge provided they are parked inside garages; 6) chain link fences are prohibited in the entire neighborhood. Certain fences are permitted in the front and corner side yards of lots with an underlying zoning designation of Low Density Residential while such fences are prohibited in the remainder of the neighborhood. All other fences must comply with the requirements of Article 3, Division 8; and 7) trash containers and certain types of equipment are required to be screened. The proposed Text Amendments are consistent with the Coachman Ridge Neighborhood Plan, and are consistent with the Clearwater Comprehensive Plan and Community Development Code. The Community Development Board reviewed the proposed ordinance at its regularly scheduled meeting on July 17, 2001, and recommended approval of the Ordinance subject to a final vote of the neighborhood. Mr. Losi complimented Gina Clayton and Julie Gomez for their efforts during the process. Commissioner Jonson moved to approve the text amendments to the Community Development Code to establish the Neighborhood Conservation Overlay District for Coachman Ridge. The motion was duly seconded and carried unanimously. . mcc08b01 9 08/16/01 . The City Attorney presented Ordinance #6825-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6825-01 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 #13 - Public Hearing & First Reading Ords. #6829-01 & #6830-01 - Land Use Plan Amendment to Recreation/Open Space & OS/R Zoning, 2780 Drew Street, Sec. 8-29-16, M&B 34.04 (City of Clearwater)(PLD) This site is located at 2780 Drew Street, on the northwest corner of Drew Street and Hampton Road (extended). The subject property has recently transferred to City ownership from Calvary Baptist Church as part of a land swap for Chesapeake Park. The site is currently vacant and involves 217,800 square feet or 5 acres of land. The purpose of the land use plan amendment and rezoning is to allow a City park with two softball fields. The proposed softball fields will be a part of the Eddie C. Moore Softball Complex, which is located east of the subject property. . The existing Residential Medium Plan Classification will allow the proposed park development at this site under flexible development criteria. However, the Parks and Recreation Department is requesting these amendments to insure that this facility will be protected by ordinance for future generations. Several improvements are planned for this site including a joint access and cross parking agreements with the Pinellas County School Board, an access drive to the signalized intersection at Drew Street and Hampton Road, and lighting system which will be designed with the necessary shields and alignment to minimize any glare or spillover into the neighboring properties. These improvements will enhance the service level of the proposed facility. Staff has determined that the proposed land use plan amendment and rezoning are consistent with the following standards specified in the Community Development Code: 1) the proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) the potential range of uses and the specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) the applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size and intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. . mcc08b01 10 08/16/01 . The Community Development Board reviewed the applications at their public hearing meeting of July 17, 2001, and unanimously recommended approval of all applications. Commissioner Gray moved to approve a land Use Plan Amendment from Residential Medium (RM) to Recreation /Open Space (R/OS), and a Zoning Atlas Amendment from Medium Density Residential (MDR) to Open Space/Recreation (OS/R) for 2780 Drew Street (Metes and Bounds 34-04 in Section 08-Township 29 South Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6829-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6829-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. The City Attorney presented Ordinance #6830-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6830-01 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 #14 - Ord. #6823-01 - Vacating 10' drainage & utility easement lying along south & east property lines of M&B 33.06, Sec. 19-29-16, a/k/a 1505 S. Belcher Rd. (Exxon Mobil Corp., V2001-14) The City Attorney presented Ordinance #6823-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6823-01 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 #15 - Ord. #6828-01 - relating to pretreatment & discharge restrictions; amending Sec. 32.211(4) to add grease to definition of pollutant; amending Sec. 32.212(1)(b)2 to revise pH level; amending Sec. 32.212(1 )(b)5 to change average temperature; approve amendment to Industrial Pretreatment Program . mcc08b01 11 08/16/01 . The City Attorney presented Ordinance #6828-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6828-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #16-24) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #16 - Approval of Purchases per Purchasing Memorandum: 1) Book Wholesalers, Inc., library materials, 10/1/01-9/30/02, est. $85,000 (LIB) 2) Distribution Video and Audio, library materials, 10/1/01-9/30/02, est. $35,000 (LIB) 3) Ebsco Subscription Services, library materials, 10/1/01-9/30/02, est. $85,000 (LIB) . 4) Ingram Library Services, library materials, 10/1/01-9/30/02, est. $255,000 (LIB) 5) The Booksource, library materials, 10/1/01-9/30/02, est. $42,000 (LIB) 6) The Gale Group, library materials, 10/1/01-9/30/02, est. $35,000 (LIB) 7) Gaylord Bros., hardware maintenance & software license for computer equipment used at all library branches, 10/1/01-9/30/02, est. $45,000 (LIB) 8) Brodart Company, library materials, 10/1/01-9/30/02, est. $41,000 (LIB) 9) Solesource, uninterruptable power supply, replacement, $40,000; financing to be provided under City's Master lease-Purchase Agreement (IT) 10) Tempaco of Pinellas, 2nd & last extension, gas materials, misc. installation & repair parts, 10/1/01-9/30/02, est. $192,000 (GAS) 11) SEMCO Integrated Systems, one Security system upgrade including hardware & software, $29,000, replaces award to Anderson Access approved on 5/17/01; financing to be provided under City's Master lease-Purchase Agreement (PO) 12) Black Tie Janitorial Services, custodial service, 8/1/01-7/31/02, $41,052 (GS) . mcc08b01 12 08/16/01 . 13) Post Buckley Schuh & Jernigan, EOR, preparation of detailed interim report & presentation re Clearwater Beach Walk, $38,800 (PW) ITEM #17 - Agreement with Cayenta Canada, Inc., software training services, software support services, & development of on-line customer bill presentment and payment software, $142,600 (SBS) ITEM #18 - Increase existing contract with Nextel Corporation, for additional $70,000 in FY 00-01, from $251,000 to $321,000; extend existing contract through FY 01-02 (10/1/01-9/30102) for $300,000 for support of approx. 820 Nextel units city-wide (IT) ITEM #19 - Second Amendment to Clearwater Airpark, Inc. Lease, Fixed Base Operator, for monthly rent increase from $8,136.53 to $13,050 upon completion of 2 new airplane T -Hangars (MR) ITEM #20 - Lease Agreement for marina building rooms 6 & 6a to Daniel A. Beach dlbla Harbor Barber and Beauty Styles, 10/1/01-9/30106, for $38,815.80 plus yearly Consumer Price Index increases (MR) ITEM #21 - Acceptance of Deed for J. J. Eldridge Sub., Lots 27-29, alkla 1006, 1008 & 1010 N. Garden Avenue; approve purchase of playground equipment from Swartz Associates, Inc., for Garden Street Park, $35,901.90 (PR) . ITEM #22 - Contract to purchase a perpetual 2,016 sq. ft., m.o.l., utility easement to encumber the westerly 15' of Oak Cove Commercial Condominium located at 210 S. Osceola Avenue, from The Oaks of Clearwater, Inc., for $20,250 plus recording fees of $19.50 for total of $20,269.50 (PW) ITEM #23 - Contract to purchase real property, Pine Crest Sub., Blk 6, Lot 9 & west % of vacated alley adjacent on east, 805 Pennsylvania Avenue, from Robert Lee and Margaret Smith, for $69,000 plus est. closing costs of $25, for total est. $69,025 (PW) ITEM #24 - Contract to Hausinger & Associates, Inc., Public Water Supply Wells Improvements, $862,000 (PW) Commissioner Hamilton 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 #25 - Approve matching funds for Florida Communities Trust Grant for property known as the Connolly property, for an amount not to exceed $250,000 (PR) . mcc08b01 13 08/16/01 . . . The City is applying for a Florida Communities Trust grant to assist with funding for the purchase of the Connolly property. While not final, an estimated acquisition expense of $2 million is currently in the project budget. This grant would cover 75% of the purchase price. In the event the City receives this grant, the City will be required to match 12.5% of the purchase price, not to exceed $250,000. Pinellas County has agreed to match the remaining 12.5% of the purchase price, not to exceed $250,000. A third quarter budget amendment will be made to match the funds with a transfer of $250,000 of unallocated retained earnings of the General Fund to establish capital project 31 5-931 29, Connolly Property. Commissioner Hart recused himself. In response to a question, Parks and Recreation Director Kevin Dunbar said this grant application would not compete with the grant for the Kapok Mobile Home Park. The limit is $6 million in acquisition dollars. Concern was expressed that City funds are being spent to acquire this property. It was suggested that environmental groups support this acquisition effort. It was remarked that this is a one time expense for the acquisition. In response to a question, Ms. Akin said zoning this property Recreation Open Space would add an extra layer of protection under the Charter. It was remarked this property is in a unique position as it is in a residential neighborhood and is adjacent to a County retention area. Commissioner Jonson moved to approve matching funds for Florida Communities Trust Grant for property known as the Connolly property, for an amount not to exceed $250,000. The motion was duly seconded. Upon the vote being taken, Commissioners Gray, Jonson, and Mayor Aungst voted "aye"; Commissioner Hamilton voted "nay"; Commissioner Hart abstained. Motion carried 3/1. ITEM #26 - Contract to Clark Sales Display, Inc., holiday decorating services, 10/1/01- 9/30/06, $254,900; subsequent Change Order deduct of $29,800 for net $225,100; amend Commission Policy to allow for pole decorations to be installed on Mandalay Ave & Gulfview Blvd (PR) Clark Sales Display presented the lowest responsive/responsible bid and has successfully performed this service under previous contracts with the City from December 1, 1990 to January 15, 2001. The annual cost of this contract will be $45,020, which is a decrease of approximately $18,000 over FY 2001/01. This reduction has been reflected in the FY 2001/02 budget submissions for the Parks and Recreation Department. Staff has worked with citizen advisory groups to develop a plan that will provide impact decorations at a reduced cost. These decorations coupled with new holiday banners at the roundabout and colored lights in the fountain will provide for dramatic mcc08b01 14 08/16/01 . decorations at a reduced cost. The work will consist of various ground and building decorations (19); at Station Square Park, Harborview Center, City Hall, and Pier 60, and approximately 138 pole decorations on Cleveland Street, Memorial Causeway, Mandalay Avenue (from the Roundabout north to Bay Esplanade) and South Gulfview Boulevard to Clearwater Pass Bridge. In order to install pole decorations on South Gulfview Boulevard and Mandalay Avenue, staff recommends that City Commission policy statement #L 1-4 be amended. The current policy is as follows: "Holiday decorations along the rights-of-ways to be installed or paid for by the City will be limited to the downtown core and Memorial Causeway. " An alternative to installing the 50 pole decorations on South Gulfview Boulevard and Mandalay Avenue at a cost of $9,250 would be to install ground decorations in the grass right-of-way near Pier 60 Park. In past years, ground decorations placed in Pier 60 Park have been vandalized. The vendor refuses to install ground decorations within the park. In the event the ground decorations are installed and become vandalized, they will be immediately removed by Clark Sales Display. The contractor will be responsible to install the decorations prior to December 1 st each year and remove them no later than January 15th of each year. This five-year contract is contingent upon the City Commission approving funds each year in the operating budget to continue this service. . Commissioner Hamilton moved to award a contract for holiday decorating services for a 5 year period, beginning October 1, 2001, and ending September 30, 2006, to Clark Sales Display, Inc., for the sum of $254,900; approve a subsequent change order deduct in the amount of $29,800, for a net contract amount of $225,100; and amend City Commission policy to allow for pole decorations to be installed on Mandalay Avenue and Gulfview Boulevard on Clearwater beach. The motion was duly seconded and carried unanimously. ITEM #27 - First Reading Ord. #6826-01 - correcting technical errors in Employees Pension Plan (HR) It was recently discovered that there are several technical errors contained in the Pension Plan codification as it appears in the City of Clearwater Municipal Code of Ordinances. These corrections were presented to the Pension Advisory Committee (PAC) on June 14, 2001, and the PAC recommended the approval of these corrections. They were presented to the Trustees on July 9, 2001, and they also recommended approval. There are 3 recommended changes: 1) The language in Section 2.397, subsection (f), granting a 1.5% cost-of-living allowance effective April 1, 2000, be added back into the Ordinance and current subsections (f) and (g) be renumbered as subsections (g) and (h); 2) Section 2.398, Time and Manner of Benefit Payments, subsection (a)(1 )c.1. be amended to indicate that the guarantee of 1 20 payments for disability benefits applies . mcc08bO 1 15 08/16/01 . . . only to police officer and firefighter participants; and 3) Section 2.398, Time and Manner of Benefit Payments, subsection (b)(2)a.3. be amended to indicate that 66 2/3 percent payment option applies only to police officer and firefighter participants. The Pension Advisory Committee and Pension Trustees recommend approval of these changes. Commissioner Gray moved to approve the technical corrections in the City of Clearwater's Employee's Pension Plan. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6826-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6826-01 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 #28 - Res. #01-28 - authorizing execution of a Maintenance Agreement with FOOT for roadway sweeping within FOOT's right-of-ways in the City (PW) The Florida Department of Transportation has requested that the City enter into a contract to sweep approximately 23 miles of various state roadways in 26 cycles. The City's legal staff has coordinated the scope of services with the FOOT representative. FOOT standard agency format requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). This contract will require the Public Works/Public Services Department to conform to the MUTCD, Le... a shadow truck with an attenuator and arrow board. These devices have been requested in the fiscal 2001/02 operating budget, an estimated initial capital outlay of $20,096. FOOT compensation for services is based on miles of sweeping completed, initially estimated at $13,800, but not to exceed $25,116 annually (at $43 per mile). Estimated operating costs to provide these services are approximately $25 per mile. Commissioner Gray moved to approve the State of Florida Department of Transportation (FOOT) maintenance agreement for sweeping State roadways as outlined in the "Scope of Services" and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-28 for first reading and read it by title only. Commissioner Hamilton moved to pass Resolution #01-28 on first reading. The motion was duly seconded and upon roll call, the vote was: mcc08b01 16 08/16/01 . . . "Ayes": Hart, Gray, Hamilton, Jonson, and Aungst. "Nays": None. ITEM #29 - First Reading Ord. #6854-01 - amending Ord. #6675-01 to increase maximum principal amount of bonds to be issued re financing spring training facility from $14 million to $15.5 million (FN) Ordinance 6675-01 was adopted on January 18, 2001, which authorized the issuance of a maximum amount of $14 million revenue bonds to finance the community sports complex. The principal and interest on these bonds are to be paid only from payments to be received from the State of Florida and Pinellas County. Since the adoption of Ordinance 6675-01, agreements have been finalized with the State of Florida and Pinellas County. The State of Florida has agreed to pay $500,000 per year ($41,666.67 per month) for 30 years and Pinellas County has agreed to pay $587,650 per year ($48,970.83 per month) for 20 years. Both entities began making payments March 1, 2001. The City is holding those payments in anticipation of issuing these bonds. Based upon the payments to be received, and projected interest rates, it appears that the City will now be able to issue more than the originally anticipated $14 million. This ordinance will allow the City to issue up to $15.5 million in bonds however; the City will only issue bonds in an amount that can be supported by the State and County payments. No other city funds will be used to pay the principal or interest on these bonds. The City is still waiting on an opinion to be issued by the Florida Supreme Court, validating these bonds. Once the bonds are validated, the City will be bringing forward a sale resolution, which will authorize the sale of the bonds. The construction of the community sports complex is anticipated to be funded with a combination of City funds, bond proceeds (to be paid back with State and County funds), and Phillies contributions as follows: 1) bond proceeds - approximately $14 - $15.5 million; 2) City funds - minimum capital contribution - $5 million ($3 Penny, $2 insurance fund) *; and 3) Phillies contribution - minimum capital contribution $3 million (plus site work). * The City also has funded this project for road work, insurance, site preparation, environmental, etc. in an amount of $1.393 million ($695,000 insurance fund, $648,000 general fund, $50,000 special development fund). In response to a question, Finance Director Margie Simmons said the City has to issue bonds to cover the funds it is receiving and to comply with the terms of the contract with the Phillies. Commissioner Hamilton moved to amend Ordinance #6675-01 increasing the maximum principal amount of bonds to be issued for the Community Sports Complex from $14 million to $15.5 million. The motion was duly seconded and carried unanimously. mcc08b01 17 08/16/01 . The City Attorney presented Ordinance #6854-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6854-01 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 #30 - Pennington, Moore, Wilkinson, Bell and Dunbar, P.A., 5th & Final renewal, lobbyist services, 10/1/01-9/30/02, est. $60,000 (eLK) This is the final extension under this contract, for the period October 1, 2001, through September 30, 2002. The Pennington law firm has provided legislative consulting services to the City since October 1996. Section 4 of the original contract gives the City the option to extend the agreement on an annual basis through September 30, 2002. The lobbying team of Peter Dunbar, Martha Edenfield, and Marc Dunbar has been instrumental in the passage of bills favorable to the City. Their efforts also have included garnering support in assisting the City in obtaining grants. A complete list of clients of the Pennington law firm has been provided. Other than Time Warner Telecommunications and Florida Outdoor advertising, there are no clients where a potential conflict is anticipated. . Funding for this contract is included in the City Manager's recommended 2001/02 operating budget. Peter Dunbar, Pennington, Moore, Wilkinson, Bell and Dunbar, PA., thanked Senators Latvala and Crow for their efforts. He reviewed the accomplishments of the past four years which resulted in $10.5 million in appropriations to Clearwater, not including the funding obtained for Memorial Causeway Bridge or the new Phillies Sports Complex. In response to a question, Mr. Dunbar said only twice has a conflict regarding billboard issues surfaced since their affiliation. He indicated he believed the issue would be back and would include exemption for Clearwater that was included for the last year's transportation bill. That bill was vetoed by the Governor for other reasons. City Clerk Cyndie Goudeau said Mr. Peebles has indicated his willingness to represent the City regarding billboards whenever necessary. He is contacting his other clients regarding their interest in the issue and will report back to the City after he gets their input. Ms. Goudeau said since the City has been working with Pennington, Moore, Wilkinson, Bell and Dunbar, Clearwater's presence in Tallahassee is much better known. Mr. Dunbar was thanked for his efforts on Clearwater's behalf. Commissioner Hamilton moved to approve a fifth extension to the agreement with Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., for lobbying services, for the period . mcc08b01 18 08/16/01 . . . October 1, 2001 - September 30, 2002, in the estimated amount of $60,000, and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - Res. #01-31 - authorizing execution of Supplement #1 to existing Joint Participation Agreement with FOOT, for design & construction of runway overruns, berm & landscaping at Clearwater Airpark (MR) This supplement #1 is at no cost to the City, and is being done in cooperation with an existing Joint Participation Agreement (JPA) with the Florida Department of Transportation for the design and construction of runway overruns, berm and landscaping at the Clearwater Airpark. The cost of the project remains $314,000 with the maximum FOOT participation of $175,000. The supplement represents a change allowing the City to use the funds proportionally as it sees fit for each project within the JPA. The original JPA was for two projects, one being the design and construction of the runway overruns and the other being the construction of the berm and the landscaping. Under the original JPA, the funding levels were specified for each individual project. This supplement allows us to shift dollars between the two approved projects as needed. Commissioner Jonson moved to authorize Supplement #1 to an existing Joint Participation Agreement (JPA) with the Florida Department of Transportation (FOOT), for the design and construction of runway overruns, berm and landscaping at Clearwater Airpark. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-31 for first reading and read it by title only. Commissioner Gray moved to pass Resolution #01-31 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 #32 - First Reading Ord. #6832-01 - Relating to Clearwater Marina Buildings; creating Sec. 33.006 to authorize the City Manager to approve leases subject to certain conditions; repealing Ordinance #6796-01 (MR) Ordinance 6796-01, which was adopted by the City Commission on June 21, 2001, did not contain the Code reference that is required for this ordinance. The City Attorney's office has prepared this new ordinance, which includes the Code reference of Section 33. 006. That new Code section will codify the provisions of this ordinance when approved by the City Commission. mcc08b01 19 08/16/01 . An additional two-year option was added, giving a five-year total term to all Marina building tenants if approved by the City Manager. This change would offer what a number of Marina tenants currently have. Commissioner Gray moved to allow the City Manager to sign off on standard, three year lease agreements, with an additional two year option for current Marina building tenants, without taking to the Commission. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6832-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6832-01 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 #33 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #34 - Other City Attorney Items . a) Authorization to contract with Macfarlane, Ferguson law firm (Robert N. Hightower, designated attorney) and with John D. Fernandez, Esquire for outside counsel services related to representation of Vice-Mayor Hart & former Commissioner Hemerick in Nail Connolly Trust vs. City, for limit of $10,000 . An action for declaratory and injunctive relief has been filed against the City challenging the City Commission's denial of the comprehensive plan amendment and rezoning application for the property at 3035 Gulf-to Bay-Boulevard. Vice Mayor Hart and former Commissioner Hemerick have been noticed for deposition in the case. Expressions of intent to explore suit against the two Commissioners individually have been made by the plaintiff. The counsels are those whom the Commissioners have expressed a preference to retain for this purpose. Expected representation includes preparing for and attending the depositions and hearings related to the taking of depositions. The expected costs will not exceed $5,000 per attorney. Commissioner Gray moved to authorize to contract with the Macfarlane, Ferguson law firm (Robert N. Hightower, designated attorney) and with John D. Fernandez, Esquire for outside counsel services related to representation of Vice Mayor Hart and former Commissioner Hemerick in Nail Connolly Trust v. City of Clearwater, Case No. 01-2523- mcc08b01 20 08/16/01 . . . CI-15, and with a limit of $10,000. The motion was duly seconded and carried unanimously. One person spoke in support. b) Authorization to contract with firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation in National Advertising Co. vs. City and Lamar Advertising Co. vs. City, for limit of $60,000 The City has been involved in litigation relating to billboard amortization provisions of its Land Development Code. Specifically, National Advertising Company and Lamar Advertising Company filed suit against the City challenging the City's citation of eight remaining billboards by City staff under the City's amortization ordinances. In the National case, the billboard company has filed a motion for summary judgment, whereas the Lamar case is in the discovery phase. Appeal proceedings regarding any summary judgment granted are likely. Staff counsel has represented the City in these actions thus far; however, it is advisable to retain outside counsel with expertise in a very specialized billboard amortization area. Counsel's representation of other Pinellas local governments in similar cases will allow for economy of work. Hourly rate for the Rogers Towers firm with Mr. William Brinton to be designated counsel is $185 (reduced rates for local government sign control matters). Commissioner Hamilton moved to authorize to contract with the firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation in National Advertising Co. v. City of Clearwater, Case No. 00-1939-CI, including any interlocutory appeal proceedings, and with a limit of $60,000. The motion was duly seconded and carried unanimously. ITEM #35 - City Manager Verbal Reports The City Clerk requested feedback regarding new voting equipment being used in Clearwater in March 2002. Consensus was to support it. The Assistant City Manger reported a public record request has been made for a preliminary stormwater rate study that was rejected and sent back to the consultant. He said if it were used by the media, it would be taken out of context. The City Manager reported 2 employees involved in an accident on Sunday are recovering and expected back to work soon. mcc08b01 21 08/16/01 . . . ITEM #36 - Other Commission Action Commissioner Jonson said he would share a Kids World Outreach video given to him. He requested information regarding scheduling a meeting with neighborhood leaders. He reported PST A is considering a reduction of services north of Acacia Circle due to low ridership. He gave a sample of Aggregate 57 to the Commission. He commended the City Clerk for her appointment to the FLC Urban Administration Policy Committee. He said the beach lifeguards ranked fourth out of 10 teams. He requested that the City's long range projects and changes to Coronado be added to the next presentation on MPO road projects. He said the Fresh Croissant Bakery is excellent. He reminded everyone to pick up trash. He said citizens are #1. Commissioner Jonson moved to endorse Dottie Reeder as second Vice-President of the Florida League of Cities. The motion was duly seconded and carried unanimously. Mayor Aungst participated in Florida 2012 Olympic Committee activities on August 4, 2001, and August 5, 2001. He said Ed Turanchik is convinced Tampa Bay will be 1 of the 3 U.S. finalists. He said the Tour of Turtles was a hit. He said the Jazz Festival poster presentation last night was fun. He said the Laura Street Townhomes groundbreaking took place yesterday. He hopes Commissioners will attend the Florida League of Cities event next week. He wished everyone a safe Labor Day. He requested discussion regarding a letter received by Commissioner Jonson regarding the Scenic Highways be scheduled for the next worksession. He thanked the Commission for hiring attorneys to defend Vice-Mayor Hart and former Commissioner Hemerick. Commissioner Hamilton reminded everyone to be attentive next week because school starts next Wednesday. ITEM #37 - Adjournment The meeting adjourned at 10:25 p.m. /1__ A, , May ommis. er ATTEST: ~~~.~'Q' City Clerk mcc08b01 22 08/16/01 J " FORM 88.. MEMORANOUM OF VOTING CONFLI.CT FOR COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS. AME-FlRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI'ITEE Hart . Charles Edg'ar . Clearwater City' Commission '. , ' . THE BO~, COUNCIL, COMMISSION, AUTHORITY OR COMMl1TEE ON WlDCR I SERVE IS A UNIT OF: . Xl CITY Q COUNTY [] OTHER LOCAL AGENCY NAME OF POUTlCAL SUBDMSlON: Pinellas CITY COUNTY Clearwater, FL 33758 DATE ON WHICH VOTE OCCURRED August 16, 2001 MY POSITION IS: rJ.. ELECTIVE Q 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 form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES IIrson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community 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). * * * * * * * . * * * * * * * * ELECTED OFFICERS: In addition tP~~p(i;tainingfrom.voting in the situations described above, you must disclose the conflict: P~IORTO~ VOTE BEING TAKEN by publicly stating to the assembly thef.lature of your interest in the measure on which you areabstaining'from voting; and'''~' :.,' . ~ . .. -." WITHIN 15 ,DAYS AFTERTHE VOTE OCCURS by completing and filing this fonn with the person responsible for recording ~t\minutes of the 1N!eting, who should incorporate the fonn in the minutes. > . ~ _:~: .. >Jr' * * * * * * * * * * * * , .. . 0' ~PO~:POF;FI~RS: You.must: abstail\from votirigand discJpse the conflict in the situations described above and in}the manner described for elected offi- cers. IQ order to participate ,in these matters, you must disclose the nature ofth~conflict before making any attempt to influence the decisio?, "h~tl1~r orally, or in' writing ~d whether made by you or at your direc~on. '1 IF Yot:rlN'l'~NI),'l'Q;MAKE ANY A'ITEMPT TO INFLUENCE THE DECISION PRIOR.TO THE MEETING AT WHICH THE - -.:: ::::~:=::dfi1et~;s form (before making. any attt!mpUo infl~ence ~he decision) with the' person responSible'fo; .-. recording';tb~n:ri.!)u~.e,s9fthe~e~t;iD3..\yho. will jncorpor.~te thef()lJl'l, in the. minutes. · A copy_()ftb~fQ~~u;~t~;providedJJDmediately tQ.i~he other members of tbeagency. · Th~> fotm4'rf4$t',~read,pijpl.ifly.,atft~~'Jl~x.t .rpeeting after the form is filed. r '" 11 , :.1.. . , ." ., . IF YOU MAKE NO ATl'EMPr TO INFLUENCE THE DECISION EXCEPl' BY DISCUSSION AT THE MEETING: . .. . I .. You 'must disclose orally the natum Of your conflict in the measure befo~ 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, Charles Edgar Hart . hereby disclose that on August 16 ,19 2001: (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 is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,by , which See attached letter. . Date Filed C(; IVI /200 I ._J'.'?'_'} ,"'/ . ~['. i "i'i!NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317, A FAILURE TO MAKE ANY REQUtRED:DIS( ii SUREdCONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLQWI . IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN. SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000. '. '. ,"" CE FORM 88 - REV. 1/95 j.". PAG!;:2 . . .' J I@ MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 900 HtGHPOINT CENTER 106 EAST COl.-LEGE: AVENUE TALLAHASSEE. FLORIDA 3Z301 (8501681-7381 FAX (8S0. e81.0281 400 NORTH TAMPA STREET. SUITE 2300 P.O. BOX 1531 (ZIP 33601) TAMPA, FLORIDA 33602 (813) 273.4200 F"AX(SI..)1273-4,39G 625 COURT STREET P. O. BOX 1669 (ZIP 33757) Cl..EARWATER. FLORIDA 33756 (727) 441-8966 FAX (727) 44'=:-8470 IN REPLY REFER TO: August 15,2001 Post Office Box 1669 Clearwater, FL 33757 HAND DELIVERY Ms. Pamela Akin, Esq. Office of City Attorney 112 S. Osceola Ave. 3rd Floor Clearwater, FL 33756 "..."'" :;"..... "\l::~~ C'" '\ ;r-,O ,("".. . "\.' ''?--'., .- :.,.._ ~ 'l :~_: ",; :,-. >~'U1J 1 5 2001 t., iT \.I i ! , -,'"--'~ ,-\ ,"" \' ,-- \/ Ai ; \.)(1i'1l:: I Re: The Laura Nall Connolly Trust vs. City of Clearwater Dear Ms. Akin: As you know, the undersigned has been retained by Commissioner Ed Hart in conjunction with the suit styled: The Laura Nall Connolly Trust vs. City of Clearwater, Florida. This suit pertains to the city commission's rejection of a land use plan amendment proposed by the Connolly Trust on or about March 1, 2001. Our client advises that the agenda for the commission meeting, scheduled for Thursday, August 16, 2001 contains an item for commission consideration seeking to approve matching funds for Florida Communities Trust Grant for property known as the Connolly property for an amount not to exceed $250,000.00, to be used for the possible acquisition ofthe real property which is the subject of the above referenced suit. (Agenda Item No. 25) Based upon the issues involved in the pending litigation, and specifically the public statements attributed to attorneys' representing the Connolly Trustdirected specifically toward Commissioner Hart, I have advised Commissioner Ha..'i that he should recuse himself from the discussion, consideration and vote on this agenda item. Timothy Johnson, The Connolly Trust's attorney for the land use and zoning applications, in his letter to the Mayor and Commissioners dated March 2, 200 I, specifically made reference to comments made by our client. Mr. Johnson's law partner, Darryl Richards, in his letter dated April 11,2001, alleges that "members of the City Commission intentionally and unjustifiably interfered with Connolly Trust's contractual and prospective business relationship with Mr. Lesser and his company, Coastal Builders, Inc." Mr. Richards' further alleges that the Commission "intentionally and unjustifiably sought to destroy the contractual and business relationship between the Connolly Trust and Mr. Lesser, as well as any other potential purchasers, to reduce the purchase price of the property to facilitate purchase of the property by the City or a third party". Mr. Richards goes on , .j- . . . Ms. Pamela Akin, Esq. August 15,2001 Page 2 to assert an entitlement to recover damages. Recent newspaper articles have contained statements attributed to Mr. Richards to the effect that his client is considering legal action against Commissioner Hart individually. With this in mind, Mr. Hart is placed in a position that his vote on agenda item number 25, whether in favor or in opposition, may be perceived as being cast for personal gain, and not in the best interest of the citizens of the city. As such, Mr. Hart will not participate in agenda item #25. Should you have any questions regarding this matter, please don't hesitate to contact me. Sincerely, RNH:kes cc: Commissioner Ed Hart