06/16/1988 CITY COMMISSION MEETING
June 16, 1988
The City Commission of the City of Clearwater met in regular session at the City Hall, Thursday, June 16, 1988, at 6:25 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
James L. Berfield ViceMayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Paula Harvey Planning Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
III Service Pin Awards
2 service pins were awarded to City employees.
IV Introductions and Awards none.
V Minutes of the Regular Meeting of June 2, 1988.
Commissioner Winner moved to approve the minutes of the regular meeting of June 2, 1988, as recorded and submitted in written summation by the Clerk to each Commissioner. `Motion`
was duly seconded and `carried` unanimously. !
VI Presentations none.
VII Citizens to be heard re items not on the Agenda
Shirley Carlson requested CDBG (Community Development Block Grant) or other funds for the Rainbow of Love Thrift Shop. She requested a response regarding why funding has not been provided
in the past. She also requested space in the Bilgore Building. Commission responded they would have no objection regarding the space but she would have to contact the lessee.!
Lois Cormier questioned whether or not information she had been given that the City had to return $90,000 of CDBG money allocated for rental unit rehabilitation because it was not
used was true.!
VIII Public Hearings
Item #9 Petition for Annexation and IL (Limited Industrial) Zoning for a 3.7 acre parcel located at the SE corner of the intersection of Hercules Ave. and Calumet St.; Lot 20, Clearwater
Industrial Park (Square D Co.) A 8812 (`PUD`) !
The property is developed in an industrial use. The owner proposes to connect by walkway an existing building they own on the W 1/2 of Lot 19 to an existing structure on Lot 20. No
open space land fees are due. City water, sewer and natural gas are available to the property.!
Commissioner Berfield moved to approve the requested annexation and zoning on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly
seconded and `carried` unanimously. !
Item #10 Petition for Annexation and RS8 (Single Family Residential) Zoning for a .3 acre parcel located on the S side of S.R. 590 approx. 225 ft. E of Spring Lake Dr.; Lots 2 &
2A, Spring Lake Estates (Webster) A 8814 (`PUD`) !
The property is proposed to be developed with a single family residence. City sewer is being extended to serve the lot. The recreation facility fee has been paid.!
Commissioner Berfield moved to approve the requested annexation and zoning on the subject property and to direct the City Attorney to include this in an ordinance. `Motion` was duly
seconded and `carried` unanimously. !
Item #11 Land Development Code Amendment to Sec. 135.151 To Add Use Limitations applicable to outdoor electrical facilities and Public Works projects in the Limited Industrial District;
and To Amend a crossreference relating to Alcoholic Beverage sales (LDCA 885) (`PUD`) !
On March 10, 1988, property on the E side of N. Greenwood Ave., bounded on the S by Maple and on the N by Eldridge, was the subject of variance requests before the Development Code
Adjustment Board. The property is industrially zoned and is developed with outdoor electrical facilities which are proposed to be expanded. The Code Adjustment Board felt such facilities
should be required to be screened even when located in an industrial zone. !
Commissioner Nunamaker moved to approve the amendments to Section 135.151 as proposed. `Motion` was duly seconded and `carried` unanimously. !
Item #12 Second Reading, Ordinance 451887 Annexation of property located on the W side of McMullenBooth Rd., approx. 200 ft. S of the W'ly extension of Briar Creek Blvd.; M&B's
23.02 & 23.03, less the E 100 ft., Sec. 212816 (North Bay Community Church) A 8734, LUP 8723 !
The City Attorney presented Ordinance 451887 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 451887 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #13 Second Reading, Ordinance 451987 Land Use Plan Amendment from Low Density Residential to Public/SemiPublic for property annexed in Ord. 451887 (North Bay Community
Church) A 8734, LUP 8723 !
The City Attorney presented Ordinance 451987 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 451987 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #14 Second Reading, Ordinance 452087 Zoning Atlas Amendment as Public/SemiPublic for property annexed in Ord. 451887 (North Bay Community Church) A 8734, LUP 8723. !
The City Attorney presented Ordinance 452087 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 452087 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #15 Second Reading, Ordinance 454388 Annexation of property located on the S side of Curlew Rd., approx. 500 ft. W of Countryside Blvd.; M&B 42.01, Sec. 172816 (Diocese
of St. Petersburg) A 8743, LUP 8730 !
The City Attorney presented Ordinance 454388 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 454388 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #16 Second Reading, Ordinance 454488 Land Use Plan Amendment from Low Density Residential to Public/SemiPublic for property annexed in Ord. 454388 (Diocese of St. Petersburg)
A 8743, LUP 8730 !
The City Attorney presented Ordinance 454488 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 454488 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #17 Second Reading, Ordinance 454588 Zoning Atlas Amendment as Public/SemiPublic for property annexed in Ord. 454388 (Diocese of St. Petersburg) A 8743, LUP 8730. !
The City Attorney presented Ordinance 454588 for second reading and read
it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 454588 on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #18 Second Reading, Ordinance 456888 Annexation of property located on the E side of Soule Rd., approx. 1,200 ft. N of Union St.; Tracts A & B, Chelsea Woods Phase II Sub.
(City) A 883, LUP 882 !
The City Attorney presented Ordinance 456888 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 456888 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #19 Second Reading, Ordinance 456988 Land Use Plan Amendment from Low Density Residential to Recreation/Open Space for property annexed in Ord. 456888 (City) A 883 LUP
882 !
The City Attorney presented Ordinance 456988 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 456988 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #20 Second Reading, Ordinance 457088 Zoning Atlas Amendment as Open Space/Recreation for property annexed in Ord. 456888 (City) A 883, LUP 882 !
The City Attorney presented Ordinance 457088 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 457088 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #21 Second Reading, Ordinance 459588 Amending Sec. 26.30(a), Code of Ordinances to Delete the requirement that Employees who are 45 years of age or older on their date of
employment are excluded from coverage; Providing for participation in the Pension Plan by Current Employees who are not Plan participants; Providing for a Referendum Election for the
Purpose of Ratifying the amendment. !
The City Attorney requested an amendment to Ordinance 459588 on page 2, Section 3, line 3, by changing the title and date of the election from "first primary and nonpartisan judicial
election on September 6, 1988" to "general presidential election on November 8, 1988."!
Commissioner Winner moved to amend Ordinance 459588 to change the title and date of the election from the first primary election on September 6, 1988 to the general presidential election
on November 8, 1988. `Motion` was duly seconded and `carried` unanimously. !
The City Attorney presented Ordinance 459588 for second reading, as amended, and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance 459588, as amended,
on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #22 Second Reading, Ordinance 459688 Amending Sec. 26.38, Code of Ordinances to Increase Minimum Pension Payment from $75.00 to $300.00 per month, with an exception for certain
death benefits which remains unchanged; Providing for Referendum Election for the purpose of ratifying the amendment. !
The City Attorney requested an amendment to Ordinance on page 2, Section 3, line 3, by changing the title and date of the election from "first primary and nonpartisan judicial election
on September 6, 1988" to "general presidential election on November 8, 1988. !
Commissioner Winner moved to amend Ordinance 459688 to change the title and date of the election from the first primary election on September 6, 1988 to the general presidential election
on November 8, 1988. `Motion` was duly seconded and `carried` unanimously.!
The City Attorney presented Ordinance 459688 for second reading, as amended, and read it by
title only. Commissioner Regulski moved to pass and adopt Ordinance 459688 on second and final reading. Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #23 Second Reading, Ordinance 460188 Amending the Operating Budget for fiscal year ending 9/30/88 To Reflect Increases and Decreases in revenues and expenditures for the
General Fund, Utility Funds, Bridge Fund, Marina Fund, Parking Fund, Pier 60 Fund, Airpark Fund, Central Services Fund, Garage Fund, Insurance Fund, Special Development fund, and Special
Program Fund.!
The City Attorney presented Ordinance 460188 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance 460188 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #24 Second Reading, Ordinance 460288 Amending the Capital Improvement Program Report and Budget for fiscal year ending 9/30/88 to reflect an Expenditure Increase of $45,222,831
to expand the scope of projects in the functional categories of Fire Protection, TransportationMiscellaneous, Park Acquisition, Park Development, General Public Buildings, Public BuildingsMiscellan
ous, Sewer System, Gas System, Sanitation, and Utilities Miscellaneous; to reflect a Decrease of expenditures of $6,144,099 in Parking, Park Development, General Public Buildings, and
Public Buildings Miscellaneous; for a Net Increase of $39,078,732. !
The City Attorney presented Ordinance 460288 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance 460288 on second and final reading.
Motion was duly seconded. Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
`CITY MANAGER REPORTS`
IX Consent Agenda Approved as submitted less Items 42 & 43.
Advisory Board Notifications` Received
Item #25 Airpark Authority (1 member) (`CLK`)
Item #26 Community Relations Board (2 members)(CLK)
Item #27 Municipal Code Enforcement Board (1 member) (`CLK`)
Item #28 Parks & Recreation Board (1 member) (`CLK`)
Agreements` Accepted
Item #29 Consultant Services to Review and Evaluate the City's Permitting Processes, Development Review Procedures and Information Dissemination Practices Approve contract with
Healey Consultant Group, Inc., $9,600 (`PUD`)!
Bids & Contracts` Approved
Item #30 Compact Pick Up Trucks (2) & 3/4 Ton Pick Up Trucks (5) for Fleet Maintenance (replacement and one additional) award contract to Karl Flammer Ford, Tarpon Springs, $67,167.65
to be lease/purchased (`CS`)!
Item #31 Replacement Utility Body Trucks (2) OneTon Flat Bed Trucks (2) (1 replacement and 1 additional) for Fleet Maintenance award contract to Bartow Ford Co., Bartow, FL, $52,180.00
to be lease/purchased (`CS`) !
Item #32 Replacement Single Axle Dump Trucks (3) for Fleet Maintenance award contract to Ross Chevrolet, Inc., St. Petersburg, $73,200.00 to be lease/purchased (`CS`) !
Item #33 Telephone & Paging System for Vehicle Maintenance Facility award contract to GTE of Fla., $38,811.87 (`CS`) !
Item #34 Two Yard Dump Truck (1) & 3/4 Ton Cargo Vans (4) for Fleet Maintenance (replacement and addition to fleet) award contract to Karl Flammer Ford, Tarpon Springs, $45,276.96
to be lease/purchased (`CS`)
Item #35 Brick Pavers award annual contract to Beaird Brick Corp., Clearwater, $2.85/sq. ft., not to exceed $25,000 in Fiscal 87/88 (`PR`) !
Item #36 175 CFH Gas Meters (400) award contract to Rockwell International, Pittsburgh, PA, $20,220; to provide an adequate inventory for an enhanced gas meter changeout program
and for system replacement/extension (`UT`)!
Leases` Continued to July 7, 1988.
Item #37 (`continued from 6/2/88`) Sublease Renewal with Patrick Marzouca Enterprises, Inc., d/b/a Clearwater Car Rentals (`CS`) (`cont. to 7/7/88`)!
Receipt & Referral` Received and referred to proper departments less Items 42 & 43.
Item #38 Land Use PLan Amendment from Commercial/Tourist Facilities to Residential/Office and a Zoning Atlas Amendment from CG (General Commercial) to OL (Limited Office) for a .98
acre parcel located on the E side of Belcher Rd. approx. 650 ft. S of Drew St; Lot 2, Coral Cove Sub. (Southland Corp./City) LUP 888, Z 8812 (`PUD`) !
Item #39 Petition for Annexation and RS8 (Single Family Residential) Zoning for a .14 acre parcel located on the S side of Arlington Place approx. 300 ft. E of Belcher Rd.; Lot 4,
Blk. B, Palmetto Terrace Sub. (Scrivner) A 8818 (`PUD`) !
Item #40 Land Use Plan Amendment from Low Density Residential to Residential/ Office and a Zoning Atlas Amendment from RM8 (MultiFamily Residential) to OL (Limited Office) for
a 4.54 acre parcel located on the W side of McMullenBooth Rd. approx. 700 ft. N of S.R. 590; the N portion of M&B 33.03, SW 1/4 Sec. 42916 (Babcock Co.) LUP 889, Z 8813 (`PUD`)
!
Item #41 Petition for Annexation, Land Use Plan Amendment from Low Density Residential to Residential/Office and OL (Limited Office) Zoning for a 9.54 acre parcel located approx.
800 ft. S of Enterprise Rd. adjacent on the E to the proposed extension of Landmark Dr.; M&B 22.011, Sec. 332816 (Vogel) A 8819, LUP 8810 (`PUD`) !
Item #42 See below.
Item #43 See below.
`City Attorney`
Agreements, Deeds & Easements` Accepted
Item #44 Drainage & Utility Easement the N 17 Ft. of Lots 3 7, Block A, Dellwood Heights Sub. (GDW, A Fla. General Partnership) !
Item #45 Agreement for Lien for Installation of Sanitary Sewer Line Lot 10, Block D, Virginia Grove Terrace 5th Addition (Archontakis) !
Commissioner Regulski moved to approve the Consent Agenda as submitted, less Items 42 and 43, and that the appropriate officials be authorized to execute same. `Motion` was duly seconded
and `carried` unanimously. !
Item #42 Petition for Annexation of Two Parcels, Land Use Plan Amendment from Medium Density Residential to High Density Residential, and RM28 (MultiFamily Residential) Zoning
for Parcel 1 (34.48 Acres) and AL/C (Aquatic Lands/Coastal) Zoning for Parcel 2 (26.90 acres) on a total parcel of 61.38 acres located on the E'rn terminus of Seville Blvd.; M&B 34.01,
a portion of M&B 34.02 and M&B 21.01, Sections 172916 & 202916 (Clearwater Seville, Ltd.) A 8820, LUP 8811 (`PUD`) !
`AND`
Item #43 Land Use Plan Amendment from Medium Density Residential to High Density Residential and a Zoning Atlas Amendment from RM12 to RM28 for a 6.79 acre parcel located S of
existing Seville Condominium and Seville Blvd. and Pearce Dr., a Private Street; M&B 33.06, Sec. 172916 (AEL Partnership) LUP 8812, Z 8814 (`PUD`) !
There is litigation pending on these properties. These requests are being made in consideration of a new offer for settlement of the lawsuit. !
Concerns were expressed that the zoning should conform with the density at which the property is currently developed (RM20).!
It was stated the request before the City Commission is to accept the applications. Prior to or in conjunction with the Public Hearing on these items, a settlement offer could be discussed
although no settlement offer is currently pending.!
Commissioner Regulski moved to receive and refer to the proper departments Items 42 and 43. `Motion` was duly seconded and `carried` unanimously.!
X Other Items on City Manager Reports
Item #46 Preliminary Site Plan for First Florida BankDrew St. Branch located at the SE corner of the intersection of Drew St. & Belcher Rd.; M&B 22.04, Sec. 182916 (First Florida
Bank) PSP 8822 (`PUD`) !
The Planning Director indicated there are problems with the internal traffic circulation and points of access and the Traffic Engineer is working with the applicant.!
It was requested that the County Plan for Belcher Road be investigated.!
Commissioner Berfield moved to `continue` review of the preliminary site plan to July 7, 1988 in order that the following concerns be addressed by the applicant: 1) signs and fencing/walls
are subject to separate review and permitting processes; 2) the size, location, orientation and shielding of the refuse container(s) shall be provided on the final site plan; 3) actual
proposed setbacks shall be provided on the final site plan; 4) parking lot and vehicular use area dimensions including the typical size of a standard parking space and handicapped space
shall be provided on the final site plan; 5) a preliminary plat for the bank site must be submitted with the final site plan for D.R.C. review; and 6) final location of the points of
access to the site and internal traffic circulation must be reviewed with and approved by the Traffic Engineer prior to submission of a revised preliminary site plan. `Motion` was duly
seconded and `carried` unanimously.!
XI Other Pending Matters - none.
XII Verbal Reports
The City Manager reported he hoped to release the 88/89 budget June 28, 1988 and that the City Commission would need to set the TRIM millage rate at its July 7th meeting. Consensus
was to schedule a budget work session to be held after the regular work session on July 5th.
The City Manager reported that, unless the Commission desired otherwise, a legislative update from Jim Massie would be scheduled for the July 18, 1988 work session. Consensus was
to approve.!
The City Manager reported he is finalizing an agenda for a meeting with FEMA (Federal Emergency Management Agency) and that he is continuing to investigate ICMA assuming the City's
Pension Plan.!
The City Manager provided a report regarding City Staff's meeting with EPA (Environmental Protection Agency) regarding implementation of Advanced Wastewater Treatment. Although it
is impossible to meet the July 1, 1988 EPA deadline, and the City is not at fault, a fine will still be imposed. However, in determining the amount of fine, the circumstances will be
taken into account.!
CITY ATTORNEY REPORTS
XIII First Reading Ordinances
Item #47 (`continued from 6/2/88`) Ordinance 459888 Zoning Atlas Amendment from Limited Industrial to Industrial Planned Development on property located at the SW corner of the
intersection of McMullenBooth Rd. & S.R. 590; Lots 11 & 12, Block C, Dellwood Heights & that part of Tract One, Baskins Replat, N of RR ROW (Richland Properties/South Oaks Fashion Square)
Z 886, PSP 887 !
The City Attorney presented Ordinance 459888 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 459888 on first reading. Motion was duly seconded.
!
Richard Fitzgerald, representing the Coalition of Homeowners Associations, requested the Annexation Agreement be upheld and this development be denied. !
Discussion ensued regarding whether or not the 1981 Agreement was still in effect and it was indicated the amendments to the Agreement had been approved but as yet have not been executed.!
Upon roll call the vote was:!
"Ayes": Berfield, Winner and Nunamaker.!
"Nays": Regulski and Garvey. `Motion carried`.!
Item #48 Ordinance 459988 Annexation of property located at the NW corner of the intersection of S. Lagoon Circle & Ragland Ave.; Lot 62, Clearwater Manor Sub. (Paul) A 8811
!
The City Attorney presented Ordinance 459988 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 459988 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #49 Ordinance 460088 Zoning Atlas Amendment as Single Family Residential (RS8) for property annexed in Ord. 459988 (Paul) A 8811 !
The City Attorney presented Ordinance 460088 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 460088 on first reading. Motion was duly seconded.
Upon roll call the vote was: !
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
Item #50 Ordinance 460588 Relating to the Land Development Code Amending Sections 135.098 & 135.105 to allow Veterinary Offices as conditional uses within the Neighborhood Commercial
(CN) District and the Beach Commercial (CB) District; Amending Section 136.015 (c)(28) relating to conditional use standards for veterinary offices. !
The City Attorney presented Ordinance 460588 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance 460588 on first reading. Motion was duly seconded.
Upon roll call the vote was:!
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey. !
"Nays": None. !
It was indicated this ordinance would need to be reviewed by Planning and Zoning prior to second reading.!
XIV Other City Attorney Items
The City Attorney requested City Commission approval of a letter to the Governor for the Mayor's signature. The letter is requesting the Governor to veto HB 506 which prohibits the
City from holding property owners responsible for tenant's delinquent utility bills. Consensus was to approve.!
XV Other Commission Action
Item #51 Setting Special Work Session to discuss Health Insurance Fund
Commission consensus was to meet on July 6, 1988 at 1:00 P.M.!
The Mayor requested Commission direction regarding the City's position on proposed commercialization of Honeymoon Island. Consensus was to oppose commercialization, recommend leaving
in natural state, and consider placing sand on the beach and providing dockage for people arriving by boat.!
Commissioner Nunamaker announced the July 3rd Bucs/Bombers Game and encouraged all to attend as proceeds benefit the Pinellas County Center for the Visually Impaired and UPARC.!
Commissioner Winner requested consideration of weekend garbage collection from cans on Clearwater Beach streets. !
He requested the March 31, 1988 Operating Statement for the Gas Division. !
He criticized the manner in which the newspapers reported the status of Clearwater Pass Bridge. !
He questioned whether or not the City was replying to the group requesting information regarding FEMA compliance. The City Manager reported that staff was responding.!
Commissioner Regulski stated current plans contemplate McMullenBooth Road being a part of the Proposed State North/South Corridor. He requested the City take a strong stand now, opposing
this plan. !
He requested consideration be given to providing for transitional housing as a conditional use in the PSP (Public/SemiPublic) zoning category. Consensus was to discuss this at a future
work session. !
He also reported that even though the bridge report indicated there are some pilings that do not contact the subsoil, those particular pilings are no longer used as support for the
bridge.!
Commissioner Berfield requested the City Attorney review Commission procedures to assure discussion can not be declared invalid due to technicalities. !
XVI Adjournment
The meeting adjourned at 8:05 P.M.