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05/21/1992 CITY COMMISSION MEETING May 21, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 21, 1992 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Michael J. Wright City Manager Paul Richard Hull Assistant City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Sue Diana Assistant City Clerk Susan Stephenson Deputy City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Del Copeland of First United Methodist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards No service pins were awarded to City employees. ITEM #4 - Introductions and Awards The Mayor presented the March 10, 1992 Solid Waste Association of North America Sunshine Chapter Truck Road-E-O awards to four City employees. City employees will be representing the City of Clearwater and the State of Florida at the International Competition in Texas on June 24, 1992. Proclamations: Water Safety Awareness Week - May 25-31, 1992. It was announced a Water Safety Fair will be held at the Long Center on May 30, 1992. Safe Boating Week - June 7-13, 1992. ITEM #5 - Presentations Howard Groth of the Clearwater Housing Authority presented a check to the City for $10,000 in lieu of taxes. He said in October the CHA will receive approximately $800,000 from HUD for a modernization program indicating the CHA is in a strong financial situation with adequate reserves that meet HUD standards. He indicated the Wilma Barber Children's Library to be located in Condon Gardens has been started and indicated a need for books and volunteers. It was the consensus of the Commission for the City Manager to meet with Mr. Groth next week to discuss using a portion of the $10,000 presented to the City for books and/or furnishings for the library. ITEM #6 - Minutes of the Regular Meeting of May 7, 1992 and Special Meeting of April 28, 1992 Commissioner Deegan requested on page 17, Item #48 - Allocation of the School Board Property to the Clearwater Airpark, the sentence containing the words "displaced threshold" be deleted as this wording was found to be confusing and was not included in the Airpark plan. Commissioner Deegan moved to approve the minutes of the regular meeting of May 7, 1992 as amended, and the special meeting of April 28, 1992, 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 Robert Clarke spoke negatively about various governmental and social agencies. He also touched on the excessive force used in the Rodney King incident. He requested an apology from the County Courts. Yacub Bilal expressed concern that Ervin Harris All American Youth Club was being singled out to give an accountability of CDBG funding received. He presented his interpretation of the meaning of the colors, stars and stripes of the American flag. Fred Thomas inquired whether the new City Hall issue would be open for discussion and it was indicated a special meeting is scheduled on June 9, 1992 at 6:00 p.m. He inquired about a needs study and it was indicated a study was performed in January 1991 and has recently been updated. He indicated his pleasure with the Pier 60 project designs and his desire for a second story. Concern was expressed that the ramp required for handicap access would destroy the view. PUBLIC HEARINGS ITEM #8 - (Cont. from 5/7/92) CDBG Annual Grantee Performance Report for 1990/91 - receive public comment (PLD) The Grantee Performance Report is the principal administrative report documenting the City's expenditures of Community Development Block Grant (CDBG) funds to the Department of Housing and Urban Development (HUD). It serves as the basis for program monitoring for compliance and for financial audits. HUD also compiles statistics regarding the effectiveness and benefits of the program from information contained in these reports. The City received a grant award of $679,000 for 1990-91 under the Federal CDBG program. Total expenditures for the fiscal year were $1,069,166. Revenues expended were derived from the grant award, program income, and unexpended balances carried over from prior years' housing rehabilitation activities. Expenditures for social services, housing services, and salaries and expenses of the Community Development Division of the Planning and Development Department were included in the 1990-91 program. All expenditures met HUD criteria for program beneficiaries. All CDBG recipients are required to hold a hearing to receive public comment on the Grantee Performance Report. Mr. Polatty discussed the issue of advertising and stated the City has met the federal standards. The administrative report of the City's expenditures is subject to financial audit. A citizen and resident of the South Greenwood neighborhood expressed concern that notification of this public hearing did not reach the low and middle income residents and questioned whether the federal and state standards for notification have been met. She expressed concern whether property owners have been properly informed of the appeal process to the Neighborhood Advisory Committee regarding the housing rehabilitation program. She expressed concern regarding the insensitivity to the residents of the targeted neighborhoods in using the wording "slum and blight area" on the 1991 map and asked that this area be referred to as "housing reconstruction and conservation area" as in Resolution #91-13. This wording is to be changed. She stated she was not singling out any particular group regarding accountability of CDBG funding and said all monies needed to be accounted for. ITEM #9 - (Cont. from 5/7/92) Variances to Sign Regulations for property (Fortune Federal Savings & Loan Assoc) located at 18401 US19N, Levitz Plaza Shopping Center, formerly Grant's Plaza, Sec. 20-29-16, M&B 33.02, 33.021 & 33.06 (Home Shopping/Paxson, SV92-04)(PLD) The applicant is requesting two variances to retain and utilize an existing property identification (pole) sign with 77 square feet of surface area. This pole sign is located along US19 on the Grant Plaza property, north of the main entrance to the plaza. The property is zoned Commercial Center (CC). The applicant's property has been split from the original development of Grant Plaza. There are no records that indicate approval of this property division, therefore it is not recognized by the City. Unrecognized property splits of this type have raised a question regarding the appropriate classification of such properties for determination of allowable signage. If the applicant's property is considered part of Grant Plaza, it is entitled to one business identification sign (attached sign) not to exceed 1.5 square feet per lineal foot of building width or 45 square feet, whichever is less (minor tenant); however, is not entitled to a separate property identification (free standing) sign. In this case, the requested variances for a pole sign are actually variances for Grant Plaza and not for the applicant. As the property split creating the applicant's lot is not recognized by the City, staff feels the applicant's property should be considered a part of Grant Plaza and the signage judged accordingly. If the applicant's property were to be considered a separate lot, then it would be entitled to: 1) a property identification sign of up to 84 square feet (for buildings containing under 50,000 sq.ft. of gross leasable floor area); and 2) a business identification (attached) sign not to exceed 15 square feet. The sign in question is an existing 36 foot high pole sign with a surface area of 77 square feet. The applicant proposes to reduce the height to 20 feet (which is the permitted maximum height for this size pole sign in this district) and retain the 77 square feet surface area of the sign. Regarding the applicant's property, the placement of Brenton Reef Restaurant and a multi-story office building on the northeast and southeast corners of Belleair and US19 respectively, together with the setback from US19, restrict the visibility of signage on the applicant's property from vehicles travelling US19. The owners of Grant Plaza have provided a perpetual easement to the applicant for the utilization of the existing 77 square foot pole sign. This easement permits the applicant to maintain the sign and to modify it as long as the size of the sign is not increased. The City's sign regulations permit the applicant to change the message on this sign provided it is not otherwise altered, and to retain the sign until the amortization date of October 13, 1992, at which time it must be removed unless a variance for its continuance has been obtained. Under a more liberal interpretation of the development of this shopping center, where the applicant's property and the other three properties "split" from the original development are considered "out-parcels" and entitled to signage as freestanding businesses, the sign in question becomes an off premise sign placed by the applicant on the property owned by Grant Plaza. It would be the second sign on the property remaining in the shopping center proper. However, the total frontage on US19 would be approximately 203 feet. Under this scenario, Grant Plaza would only be entitled to a single property identification sign. The applicant's sign is only + 130 feet north of Wendy's pole sign and + 151 feet south of the old New York New York pole sign. In granting variances for additional property identification signs, the City has taken into consideration the placement of the requested sign to other signage in the area. The sign in question does not meet this guideline. If this scenario for the plaza is accepted, staff recommends denial of the requested variance for an additional property identification sign, and thus denial of the applicant's second request for additional surface area for such a sign. George Greer, attorney representing Mr. Paxton, the applicant, presented the history of the property including the signage. He noted the applicant's property was deeded to the developer in April 1971. The sign in question is located on a perpetual easement given by HSN and and is considered to be an on-premise sign. He indicated a problem exists in his client meeting the 150 foot separation requirement between signs due to the Wendy's sign not being positioned in the center of their property. Elizabeth Waters, representing Home Shopping Network Realty, said HSN bought the property subsequent to it being subdivided and the perpetual easement being granted. She did not object to the applicant's request but expressed concern it may restrict theirs and their tenants' signage. In response to questions, it was indicated Wendy's sign was permitted after the applicant's sign and is the most recent. Discussion ensued in regard to whether on-premise signs are required to be located on the property and it was indicated this would be addressed in the forthcoming code revisions. Discussion ensued in regard to the property not being subdivided according to city standards. It was indicated this problem was recognized several years ago and a policy for "unity of title" was established to control this situation. In addition to the parcel in question, the property has been subdivided into parcels deeded to Wendy's, Shell, Brenton Reef and Home Shopping. The parcel occupied by New York New York is part of the Levitz/Grant Plaza and is leased as a separate building. Concern was expressed regarding other shopping centers where parcels have been subdivided and deeded from the main parcel without following the proper steps for subdividing; the decision here could set a precedent. Discussion continued regarding the history and the subdivision of this property and it was felt legal research needed to be done on this property before a decision could be made. There was discussion regarding whether or not the subject property was considered to be a separate parcel and if so, it was questioned whether a variance would be required. It was felt the overall signage on entire properties including the outparcels should be considered before decisions are made. Staff indicated in the future all background information such as when parcels have been subdivided, signage, etc. will be given for requests involving shopping centers. Commissioner Fitzgerald moved to continue this item to the regularly scheduled meeting of June 18, 1992. The motion was duly seconded and carried unanimously. ITEM #10 - (Cont. from 5/7/92) Public Hearing & First Reading Ord. #5193-92 - re: specific floor area standards for certain classes of accessory uses; classify an individual dwelling unit attached to a hotel/motel as an accessory use, amending Sec.136.008 (LDCA92-06)(PLD) Staff recommends a second continuance of this item to allow additional time to develop more information addressing Commission concerns. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of June 4, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #5189-92 - re: increase maximum height for structures in all Single Family zoning districts and the Multiple Family "8" and "12" zoning districts, amending Secs. 135.011, 135.017, 135.023, 135.029, 135.035, 135.036, 135.037, 135.043, 135.044 and 135.045 (LDCA 92-02) The Assistant City Attorney presented Ordinance #5189-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5189-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #12 - Ord. #5190-92 - re: Art Galleries/Studios as a permitted use in certain districts, amending Secs. 135.086, 135.092, 135.104, 135.110, 135.116, 135.122, 135.128, 135.134, 135.141, 136.025 and 137.005 (LDCA 92-03) The Assistant City Attorney presented Ordinance #5190-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5190-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #13 - Ord. #5191-92 - re: use restrictions for Indoor Retail Sales, Personal Services, Restaurant and Indoor Commercial Recreation/Entertainment permitted uses in the Resort Commercial "24" and "28" districts, amending Secs. 135.110 and 135.116 (LDCA 92-04) The Assistant City Attorney presented Ordinance #5191-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5191-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #14 - Ord. #5192-92 - re: certain land use applications may not be filed if a similar application relating to any part of the same property was denied within certain specified time limits, amending Sec. 137.029 (LDCA 92-05) The Assistant City Attorney presented Ordinance #5192-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5192-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #15 - Ord. #5194-92 - re: Veterinary Offices and Animal Grooming and/or Boarding Facilities, amending Secs. 135.135 & 136.025 (LDCA 92-01) The Assistant City Attorney presented Ordinance #5194-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5194- 92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #16 - Ord. #5196-92 - Vacating Pine Street r-o-w lying N of Blks 1 and 2 and S of Blks 3 and 4, Starr and Savery's Addition to Clearwater (Church of the Ascension V92-02) The Assistant City Attorney presented Ordinance #5196-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5196-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #17 - Ord. #5202-92 - Vacating easterly 5' of westerly 10' utility easement lying in Lot 41, Countryside Tract 56, Unit 2 Sub. (Garrett V92-04) The Assistant City Attorney presented Ordinance #5202-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5202-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #18 - Ord. #5203-92 - Vacating N 2' of S 10' drainage and utility easement lying in Lot 32, Countryside Tract 5 Sub., less easterly 5' (Casey V92-06) The Assistant City Attorney presented Ordinance #5203-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5203-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #19 - Ord. #5204-92 - Annexation for property located at 3169 Drew Street, Crystal Heights Sub., Unit 1, Lot 8, 0.22 acres (Tork A91-01, LUP91-01) The Assistant City Attorney presented Ordinance #5204-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5204- 92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #20 - Ord. #5205-92 - Land Use Plan Amendment to Low Density Residential for property located at 3169 Drew Street, Crystal Heights Sub., Unit 1, Lot 8, 0.22 acres (Tork A91-01, LUP91-01) The Assistant City Attorney presented Ordinance #5205-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5205-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #21 - Ord. #5206-92 - RS-8 Zoning for property located at 3169 Drew Street, Crystal Heights Sub., Unit 1, Lot 8, 0.22 acres (Tork A91-01, LUP91-01) The Assistant City Attorney presented Ordinance #5206-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5206-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #22 - Ord. #5207-92 - Annexation for property located at 3407 Oak Creek Drive East, Oak Creek at Countryside, Lot 10, 1.00 acre (Alimonos A91-05, LUP91-06) The Assistant City Attorney presented Ordinance #5207-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5207-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #23 - Ord. #5208-92 - Land Use Plan Amendment to Low Density Residential for property located at 3407 Oak Creek Drive East, Oak Creek at Countryside, Lot 10, 1.00 acre (Alimonos A91-05, LUP91-06) The Assistant City Attorney presented Ordinance #5208-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5208-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #24 - Ord. #5209-92 - RS-2 Zoning for property located at 3407 Oak Creek Drive East, Oak Creek at Countryside, Lot 10, 1.00 acre (Alimonos A91-05, LUP91-06) The Assistant City Attorney presented Ordinance #5209-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5209-92 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #25 -42) - 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. Agreements - Approved. ITEM #25 - Lease Agreement for marina building rooms 20, 21, 22, 23 and second floor closet to David Petrik, DDS, for the period 6/1/92-5/31/97 for $43,500 plus $3,000 for electrical service for a total of $46,500 (MR) Bids & Contracts - Awarded. ITEM #26 - Purchase of miscellaneous office supplies from Tampa Office Supplies, Tampa, FL, for the period 5/22/92-5/21/93, at a standard discount of 55% from catalog list price (an est. $80,000)(AS) ITEM #27 - Purchase of envelopes from Tampa Envelope Manufacturing, Tampa, FL, for the period 5/14/92-5/13/93, at an est. $14,748.05 (AS) ITEM #28 - Two year contract for purchase of Bioassay Tests for the Water Pollution Control Division to Marinco Laboratory, Sarasota, FL, for the period 6/1/92-5/31/94 for $20,200 (PW) ITEM #29 - Three year contract for purchase of Sodium Hypochlorite Bleach for use by the Water Pollution Control Division to Custom Controls, Inc., Ocala, FL, for the period 6/1/92-5/31/95 for $61,050 (PW) ITEM #30 - Purchase of a natural gas powered emergency generator with transfer switch for the Emergency Operation Center and Police Department from Seacoast Equipment Corp., Miami, FL, for $18,877 equipment; $300 freight and $8,500 installation cost by City forces for a total cost of $27,677 (PW) ITEM #31 - Purchase of front-end-loading refuse containers and spare parts from Industrial Refuse Sales, Inc., Lakeland, FL, through the existing contract (11/16/90-9/30/92) by increasing the amount from $250,000 to $315,000 (PW) ITEM #32 - Terms of Delivery & Installation of the Ross System Finance, Budget, Purchasing and Inventory software at an est. $168,594 and hardware at an est. $181,286 from Digital Equipment Corp., Tampa, FL, 5 year lease/purchase through AT&T Credit Corp. for the hardware and a 5 year loan from the City's Central Insurance Fund for the software, to be repaid in five annual, equal payments together with interest at the cash pool rate and $131,741 of additional associated expenditures for a total of $481,621 (AS) ITEM #33 - Extension of contract for installation of gas mains and service lines to Visk Construction, Inc., Riverview, FL, for the period 5/22/92-11-30/92, for an est. $152,425 (GAS) Citizens & Staff Requests - Approved. ITEM #34 - The City of Clearwater Computerization Long Range Plan (AS) ITEM #35 - City v. Brenda Evans (mortgage foreclosure) - Permission to bid on property at foreclosure sale in an amount up to and including $30,000 ITEM #36 - Res. #92-21 - Repetitive Loss Plan - Community Rating System (PLD) Cont. to 6/4/92 Change Orders - Approved. ITEM #37 - C.O.#6 for Stevenson's Creek Channel Improvements Phase I to Kimmins Contracting Corp., Tampa, FL, increasing the amount by $12,440 for a new contract total of $1,351,770.42 (PW) Plans & Plats - Approved. ITEM #38 - Preliminary Plat for Roger's Real Pit Bar-B-Que located on the NW corner of Sunnydale Blvd. and Belcher Rd. (Nielsen/Lemon)(PLD) Receive the preliminary plat with supplementary drawing and authorize the Development Review Committee (D.R.C.) to approve subject to: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) Delineate the drainage utility easement; 3) The Florida Power Corporation utility easement must be delineated on the final site plan and the preliminary plat along the western portion of the property; and 4) If the sale of alcoholic beverages is proposed, an application must be filed with this request. Receipt & Referral - Received and Referred. ITEM #39 - Annexation, Land Use Plan Amendment and RS-6 Zoning for property located at 2184 Burnice Dr., Glen Ellyn Estates, Lot 3, 0.21 acres (Jones A92-03, LUP92-10)(PLD) ITEM #40 - Annexation, Land Use Plan Amendment and RS-8 Zoning for property located at 1741 West Manor Ave., Clearwater Manor, Lot 40, 0.14 acre (Tucker A92-05, LUP92-11)(PLD) ITEM #41 - Annexation, Land Use Plan Amendment and RS-8 Zoning for property located at 1748 West Manor Ave., Clearwater Manor, S 60' of Lots 23 & N 10' of Lot 24, 0.20 acres (Shower A92-06, LUP92-12)(PLD) CITY ATTORNEY Agreements, Deeds & Easements ITEM #42 - Assignment Agreement - Coachman Downtown Center Associates to The Chase Manhattan Bank (Coachman Building) Commissioner Berfield 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 #43 - Res. #92-35 - approving the Pipeline Crossing Agreements RE98126 with CSX Transportation, Inc. (PW) The City of Clearwater has begun construction of the Marshall Street South Interceptor Sewer and Reclaimed Water Supply, Phase I, City Project No. WPC 090690. A portion of the work will require the placement of a 30 inch Reclaimed Water Pipeline and a 30 inch Sanitary Sewer Interceptor beneath CSX railroad tracks at the Clearwater Country Club. These crossings are needed to complete the project. The CSX railroad requires a Pipeline Crossing Agreement and a resolution by the City approving the agreement for these crossings. The cost to the City for this agreement is $2,025 to meet the railroad requirements of a Construction Risk Insurance Fee and a one-time license fee. The City needs to have all of the required permits prior to construction of the crossings. The available balance in this project is sufficient to provide funds for this agreement. Commissioner Regulski moved to approve the Pipeline Crossing Agreements RE-98126 with CSX Transportation, Inc. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Resolution #92-35 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-35 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #44 - Pinellas County Industry Council - Clearwater's representative (CLK) The City of Clearwater appoints two members to the Pinellas County Industry Council (PCIC), one of whom shall be a member of the Bay Area Manufacturers Association (BAMA). Mr. Oliver Woodruff has been a City representative on the PCIC since 1980 with his current term having expired May 6, 1992. The BAMA has requested that Mr. Woodruff be reappointed for another term. Commissioner Deegan is Clearwater's other representative on the PCIC. Questions were raised as to whether terms of representatives should be limited to six years and whether Mr. Woodruff should be reappointed as it will take him a month or so to recover from a health problem. The Mayor requested this item be continued so that a list of all BAMA members could be provided. Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously. ITEM #44a - Res. #92-39 - urging the members of the Florida Congressional Delegation to take certain actions with regard to proposed flood insurance legislation currently before the United States Senate The Assistant City Attorney presented Resolution #92-39 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-39 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #45 - Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #46 - Ord. #5220-92 - Vacating 5' utility easement lying along S property line of Lot 11, Oak Creek at Countryside Sub., less easterly 5' and westerly 5' (Alimonos V92-05) The Assistant City Attorney presented Ordinance #5220-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5220-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #47 - Other City Attorney Items - None. ITEM #48 - City Manager Verbal Reports - None. ITEM #49 - Other Commission Action Commissioner Fitzgerald complimented the Police Department on their prompt action in apprehending the suspects in the recent Albertson Store robbery. He announced a County Charter Review Meeting will be held tomorrow at 2:00 p.m. Commissioner Berfield expressed concern regarding an inappropriate comment made by a City employee at a public function. Commissioner Berfield inquired as to whether swimming pool enclosures are required. It was stated this is regulated by insurance companies on a case by case basis. She also inquired as to whether anything could be done about the alcohol and trash problems on the Sand Key Bridge caused by fishermen and questioned whether fishing can be restricted to one side of the bridge. Commissioner Deegan thanked staff for providing information on the FEMA discount and noted for the public the 5% FEMA premium discount became effective October 1, 1991 with an additional 5% available this October. He questioned the mid year report of the Downtown Development Board provided by staff and expressed concern regarding an alleged threat of sunsetting the DDB. It was indicated there is an annual review of the DDB by the Commission who has the authority to decide whether or not to sunset this board. A budget meeting was scheduled to be held after the Work Session on June 1, 1992. ITEM #50 - Adjournment The meeting adjourned at 8:40 p.m.