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10/17/2002CITY COMMISSION MEETING CITY OF CLEARWATER October 17, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present:: William B. Horne II City Manager – departed 5:47 – 6:12 p.m. Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney – departed 5:47 – 6:12 p.m. Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 5:05 p.m. at City Hall. The invocation was offered by Reverend Jay Sloan, Central Church of the Nazarene. 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 - Introductions, Awards and Presentations a. Proclamation Clearwater Celebrates Diversity Month – October 2002 b. Proclamation – Clearwater Jazz Holiday – 23rd anniversary – October 17 – 20, 2002 c. Legislative Wrap-up reports for 2002 session: Senator Donald Sullivan and Representative Gus Bilirakis Representative Gus Bilirakis reported on his efforts during the 2002 State Legislative Session. He thanked the Commission for inviting him to speak tonight and to serve the citizens of Clearwater. Senator Donald Sullivan thanked the Commission for inviting him to speak tonight. He said this is probably the last official act he performs, as he is leaving the State Senate due to term limits. He said it has been an enjoyable ten years of service and one of the bright spots of his life. He wished everyone the best of luck. b. Neighborhood Awards for the Quarter The Neighborhood of the Quarter Award was presented to South Clearwater Citizens for Progressive Action. Home of the Quarter Awards were presented to: 827 Mandalay Ave, owners David and Susanne MacNamee; 1136 Jackson Road, owners Robin and Pam Relling; 1897 Murray Street, owners Mr. And Mrs. Watts and 10 N. Crest Avenue, owner Mark Plyler ITEM #4 - Approval of Minutes - Regular Meeting October 3, 2002 Commissioner Jonson moved to approve the minutes of the regular meeting of October 3, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Citizens to be heard re items not on the Agenda Nicholas Fritch thanked the Commission for their service. He suggested the City purchase the IMR property at Missouri and Cleveland to house the new main library and City Hall, freeing the bluff and waterfront property for redevelopment. PUBLIC HEARINGS ITEM #6 - Public Hearing and First Reading – Ordinance #7022-02, Ordinance #7023-02 & Ordinance #7024-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East) Owners: Jamar L. Parker and Tracy Anderson. (ANX 2002-07008) PLD This site is located at 1576 Levern Street, which is on the north side of Levern Street approximately 280 feet east of Wood Avenue and 540 feet north of Palmetto Street. The subject property is approximately 0.203 acres in area and is currently occupied by a single-family detached dwelling. The property is served by City water and no sewer service is required at this time. The purpose of the annexation is to enable the applicants to receive City solid waste service. A Future Land Use Plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation complies with the criteria set forth in Pinellas County Ordinance No. 00-63 and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the specific proposed use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. The Community Development Board reviewed these applications at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment to City Residential Low (RL) and Zoning Atlas Amendment to City Low Medium Density Residential (LMDR) for 1576 Levern St. (Lot 5 and the East 13 ft of Lot 4, Blk F, Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7022-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7022-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7023-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7023-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7024-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7024-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #7 - Public Hearing and First Reading - Ordinance #7025-02, Ordinance #7026-02 & Ordinance #7027-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) PLD This site is located at 3145 Downing Street, which is on the south side of Downing Street approximately 590 feet east of McMullen Booth Road and 570 feet west of Bayshore Boulevard. The subject property is approximately 0.33 acres in area and is currently occupied by a single-family detached dwelling. The property is served by City water. The purpose of the annexation is to enable the applicants to receive City sanitary sewer service. The closest sewer line is located in the Downing Street right-of-way and the capacity for the project is available for this utility. The applicants have paid the required impact fee and are aware of the additional cost to extend sewer service to the property. A Future Land Use Plan designation of Residential Urban is proposed along with a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: ` The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the specific proposed use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. The Community Development Board reviewed these applications at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment to City Residential Urban (RU) and Zoning Atlas Amendment to City Low Medium Density Residential (LMDR) for 3145 Downing St. (Lot 10, Downing Subdivision in Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7025-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7025-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7026-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7026-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7027-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7027-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #8 - Public Hearing and First Reading - Ordinance #7028-02, Ordinance #7029-02 & Ordinance #7030-02 - Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof) Owner: Nancy Wasilewski. (ANX 2002-07010) PLD This site is located at 321 Elizabeth Avenue, which is on the east side of Elizabeth Avenue approximately 450 feet north of Gulf-to-Bay Boulevard and 420 feet east of David Avenue. The subject property is approximately 0.31 acres in area and is currently occupied by an existing mobile home that was built in 1948. The applicant proposes to demolish this existing structure and construct a new duplex with a total area of 3,390 square feet following this annexation. The purpose of the annexation is to enable the applicant to receive City sanitary sewer service. The closest sewer line is located in the Elizabeth Avenue right-of-way and the capacity for the project is available for this utility. The applicant has paid the required impact fee and is aware of the additional cost to extend sewer service to the property. A Future Land Use Plan designation of Residential Urban is proposed along with a zoning category of Medium Density Residential (MDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: ` The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the specific proposed use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. The Community Development Board reviewed these applications at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan Amendment to City Urban Residential (RU) and Zoning Atlas Amendment to City Medium Density Residential (MDR) for 321 Elizabeth Ave. (North 100 ft of the South 610 ft of the East 150 ft of the West 980 ft of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East, less the Westerly 15 ft thereof). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7028-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7028-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7029-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7029-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7030-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7030-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #9 - Public Hearing and First Reading - Ordinance #7031-02 & Ordinance #7032-02 - Land Use Plan Amendment and Rezoning for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orlandi, Inc. (LUZ 2002-07007) PLD The subject site is 11,325 square feet in area or 0.26 acres and is currently vacant. It is located on the south side of Turner Street, approximately 270 feet west of Missouri Avenue. It is zoned High Density Residential (HDR) and has a Future Land Use Plan classification of Residential High (RH). The applicant is proposing to amend the Future Land Use Plan to designate this property Commercial General (CG) and to rezone it to the Commercial (C) District in order to develop it along with the applicant’s commercial parcel to the east, with a professional medical office. A Unity of Title has been filed which ties these parcels together in an indivisible development site. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the specific proposed use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The application will not have an adverse impact on the natural environment. The location of the proposed Commercial (C) District boundaries is logical and will blend into the existing Commercial (C) districts to the east and the north. It is consistent in location with the Commercial boundary on the north side of Turner Street. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. The Community Development Board reviewed this application at its regularly scheduled meeting on September 17, 2002 and unanimously recommended approval. Commissioner Gray moved to approve the Land Use Plan Amendment to Commercial General (CG) and Rezoning to Commercial (C) for 1161-1165 Turner St. (Lot 15 and the East 35.7 ft of Lot 16, Turner Street Groves in Section 15, Township 29 South, Range 15 East) Owner: Orlandi, Inc. (LUZ 2002-07007). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7031-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7031-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. The City Attorney presented Ordinance #7032-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7032-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #10 - Ordinance 7020-02 Vacating South 5 ft of the 10 foot drainage and utility easement lying along the North property line of Lot 16, Countryside Tract 60. (Cheryl J. Dohrman and Kenneth R. Wood) V 2002-09 The City Attorney presented Ordinance #7020-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7020-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #11 - Ordinance 7021-02 Vacating the 15-foot alley lying along the west property lines of Lots 11 and 12, Block 48, Mandalay Subdivision and vacate the 15-foot alley lying along the south property line of said Lot 12, bounded on the east by the west right-of-way line of Narcissus Avenue to a line 15 feet west of and parallel to the west property line of said Lot 12, subject to a drainage and utility easement over the full width thereof. (Epley Family Trust) V 2002-10. The City Attorney presented Ordinance #7021-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7021-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-19) – Approved as submitted. ITEM #12 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1. Purchase vehicle fuel and related services during the contract period of December 1, 2002 through November 30, 2004 for $800,000 from Voyager Fleet System. ITEM #13 - Re-appoint Bob Shipp to the Board of Trustees, Clearwater Police Supplementary Pension Plan, for a term of two years (11/01/02 - 11/01/04). PD ITEM #14 - Approve a three-year Interlocal Agreement with Pinellas County with two one-year extension options for the servicing of their recycling collection centers, the marketing of recyclables and the repair/maintenance of collection center containers. SW/GS ITEM #15 - Award a contract to Westra Construction Corporation, Palmetto, FL in the amount of $611,750, for the 2002 Water Service Lines Replacements (99-0078-UT). PW ITEM #16 - Award a contract to Wharton-Smith, Inc. of Lake Monroe, FL for the 2000 Reclaimed Water System Improvements, Contract 2 - Pumping Stations Improvements (00-0092-UT) in the amount of $1,082,000 which is the lowest responsive bid received in accordance with plans and specifications. PW ITEM #17 - Approve a contract with Largo Area Housing Development Corporation to sell surplus real property legally described as HARVEY PARK SUB, Blk B, Lots 1 through 12, for $70,000, subject to all terms and conditions of said contract. PW ITEM #18 - Reappoint Sheila Cole to the Municipal Code Enforcement Board. CLK ITEM #19 - Appoint J. B. Johnson to the Aircraft Noise Abatement Task Force Commissioner Hibbard 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 #20 - Adopt Resolution #02-49, approving the expansion of offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129), subject to the drafting and approval of appropriate documents and meeting IRS requirements for approval and implementation. HR Eligible employees of the City have been entitled to participate in the benefits plan entitled “City of Clearwater Premium Payment Plan” that provides the cafeteria plan benefits as allowed under Section 125 of the Internal Revenue Code in the form of a Premium Only Plan. The City deems it advisable and in the best interest of the participants to continue the provisions of the “City of Clearwater Premium Payment Plan” for the Premium Only Plan and adopt additional provisions in order to expand the offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129). These additional benefits will go into effect January 1, 2003, provided all documents are in place and all IRS requirements are met. These benefits will be funded by employee contributions only on a voluntary, pre-tax, payroll-deductible basis. Employees will sign up for these benefits during the open enrollment period, which will be held in October and November 2002. The plan will be administered by a third party administrator (AFLAC). There will be no administrative charges incurred for the provision of these services. Commissioner Jonson moved to approve the expansion of offerings as allowed under Section 125 of the Internal Revenue Code to include Flexible Spending Accounts for Unreimbursed Medical Expenses (Section 105) and Dependent Care Coverage (Section 129), subject to the drafting and approval of appropriate documents and meeting IRS requirements for approval and implementation and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-49 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-49 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #21 - Pass Ordinance #7044-02, on first reading, amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. IA The adoption of the Simplified Communications Services Tax laws in 2000 and 2001 amended Florida Statutes, chapter 166.231, Municipal Public Service Tax. The new laws and corresponding amendments require the City to amend Article III, Public Service Tax section of the Clearwater Code of Ordinances to make our ordinance more clear and concise. Changes to the City’s ordinance include: Deleting all the language regarding the provision, sale, and resale of all forms and types of telecommunications services. State and City telecommunications services law is currently detailed in Florida Statutes, Chapter 202, Communications Services Tax Simplification Law, and City Resolution 01-22, adopted June 21, 2001. Deleting and amending definitions referencing telecommunications services and adding general definitions on electronic transfer, seller, tax, and remittances. Adding language referencing a fuel adjustment charge as stated in Florida Statutes, chapter 166.231(b). The stated changes are mostly to correct wording and language, and do not amend, change, or modify the intent, enforceability, or meaning of Article III, Public Service Tax of the Clearwater Code of Ordinances. Commissioner Hamilton moved to approve amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7044-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7044-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #22 - Adopt Resolution #02-47 authorizing Supplemental Agreement #2, to include the completion of the Storm Water Management Plan in the existing JPA for the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark, increasing Department (FDOT) funding by $268.800 and decreasing Agency (City) funding by $95,300 for a net income of $173,500. MR The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding for the completion of the Storm Water Management Plan in the existing JPA for the design and construction of two-ten plane T-hangars and one corporate hangar at Clearwater Airpark, 1000 North Hercules Avenue by $173,500.00. The new total funding provided by FDOT for this JPA is $818,800.00. The Cities contribution has decreased by $95,300.00 due to the increase percentage contributed by the FDOT. This increase represents eighty (80) percent participation on the part of the FDOT, twenty (20) percent for the City, with no additional cost to the City of Clearwater. Funding for this project is budgeted in the 2002/2003 Capital Improvement Program. Commissioner Gray moved to approve authorizing Supplemental Agreement #2, to include the completion of the Storm Water Management Plan in the existing JPA for the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark, increasing Department (FDOT) funding by $268.800 and decreasing Agency (City) funding by $95,300 for a net income of $173,500. and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-47and read it by title only. Commissioner Hibbard moved to pass and adopt Resolution #02-47 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. In response to a question, Mr. Morris said approximately 1,500 gallons of fuel spilled into a drainage gully and did not contaminate the water system when an employee propped a fueling valve open, forgot it and went home. A Police aide discovered the spill, called the Fire Department, City staff and the FBO (Fixed Base Operator) and the spill was stopped. Mr. Morris said future improvements at the airpark will include a shut off valve at the pumps. The employee who caused the accident has been terminated from employment. The Mayor complimented the Police Aide who discovered the fuel spill. ITEM #23 - Municipal Code Enforcement Board - 1 Appointment. CLK City Clerk Cyndie Goudeau said two appointments are needed to the Municipal Code Enforcement Board. Sheila Cole was reappointed under the Consent Agenda. Diane Smith’s name is being added to the list of nominees being considered. Commissioner Hamilton moved to appoint Jay Keyes. The motion was duly seconded. A concern was raised regarding qualified candidates, such as David Campbell, being on the nominee list for long periods of time but not being appointed. Upon the vote being taken, the motion carried unanimously. It was requested a meeting be set with Advisory Board Member Sheila Cole to discuss rumors that have surfaced. ITEM #24 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #25 - Other City Attorney Items Authority to file a cross-claim against Overstreet Paving Company in Ohio Casualty Co. v. Overstreet and the City. Plaintiffs allege that reconstruction of North Highland Avenue and an associated retention pond caused damage to their home, which was located on property adjacent to the retention pond. The City’s contract with Overstreet, the construction contractor, provides that Overstreet will assume the defense of the City and indemnify it against claims of damage. Overstreet has refused to assume the City’s defense. Authority is sought to file a cross-claim against Overstreet for damages incurred because of its failure to assume our defense in this case. Concern was expressed that it appears to be a general practice of Overstreet not to honor their contract with respect to assuming the City’s defense. It was suggested that issue be addressed with them. Commissioner Jonson moved to authorize filing a cross-claim against Overstreet Paving Co. for damages incurred because of Overstreet's failure to assume our defense in Ohio Casualty Co. v. Overstreet and the City. The motion was duly seconded and carried unanimously. ITEM #26 - City Manager Verbal Reports - None. ITEM #27 - Other Commission Action The City Manger and City Attorney left the dais City Manager Salary Adjustments Discussion ensued regarding increasing the City Manger’s salary. Support for a 13.5% increase to an annual salary of $136,200 was expressed due to this level would result in raising the salary to an average level for cities of comparable size and complexity. It was also felt that when Mr. Horne was appointed City Manager other candidates would have required a higher salary. It was also noted Mr. Horne is an above average City Manager. Concerns were expressed that this is a tight budget year and it was necessary to increase the millage rate. There were also concerns re other City employees receiving a much lower percentage increase and the City currently being involved in union negotiations. It was also felt less of an increase will give the Commission more opportunities in the future to reward Mr. Horne for his performance. There was agreement the amount of annual general leave for Mr. Horne should be increased. Commissioner Gray moved to increase the City Manager’s salary increased 8.3% to $130,000/year and general leave cap increased to 800 hours. The motion was duly seconded and carried unanimously. City Attorney Salary Adjustments Discussion ensued regarding the City Attorney’s salary increase. Ms. Akin has requested a 4% salary adjustment, which would still be below the average for her position. Commissioner Jonson moved to approve a 4.3% increase to $120,000 and general leave cap increased to 800 hours. The motion was duly seconded and carried unanimously. The City Manager and City Attorney returned to the dais. Mr. Horne said this has been a challenging year and he is looking forward to another challenging year. Commissioner Hibbard attended the grand opening of the new prototype Marshall’s Department Store on Drew at 8:00 a.m. this morning. He encouraged everyone to attend Clearwater Jazz Festival and to visit the Clearwater Marine Aquarium. Commissioner Gray was sorry she missed the grand opening of new Marshall’s Department Store this morning. She attended the groundbreaking for the new community sports complex last night and encouraged citizens to attend these types of events and bring their children. She encouraged citizens to enjoy Jazz Holiday. Commissioner Jonson enjoyed seeing Homes of the Quarter pictures. He complimented award winners and Neighborhood Services Committee and City Manager regarding the program. He talked to one resort owner this afternoon who had no vacancies on Clearwater beach. He appreciates the City Manager and City Attorney for what they have done this past year. Commissioner Hamilton asked everyone to be patient with the heavy traffic expected downtown this weekend. He encouraged citizens to enjoy stone crab delicacies at local area restaurants. He wished his brother Ken a Happy Birthday. Mayor Aungst attended a birthday celebration for centenarians at Madison Glenn Assisted Living Facility on October 16. He participated in the Community sports Complex groundbreaking on October 16. He participated in the grand opening of Marshall’s Department Store on Drew and US19. He reminded everyone that Jazz Festival at Coachman park begins tonight and continues through Sunday. He said the town meeting at Countryside went well last week. He said October 29 is a public meeting regarding strategic visioning at the Harborview Center at 6:00 p.m. He thanked the City Manager and City Attorney for their efforts last year. ITEM #28 - Adjournment The meeting adjourned at 6:22 p.m.