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11/07/2002CITY COMMISSION MEETING CITY OF CLEARWATER November 7, 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 Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:05 p.m. at City Hall. The invocation was offered by Pastor Donna Oberkreser, Central Christian Church. The Mayor led the Pledge of Allegiance. ITEM #3 - Introduction: a. Teachers from Nagano, Japan Teachers from Nagano, Japan were introduced. Each teacher said a few words and thanked the Citizens of Clearwater for their hospitality. ITEM #4 - Presentation: a. City Manager's Annual Report City Manager Bill Horne presented the his annual report, including highlights and accomplishments of the past year. He said there is an unprecedented level of dedication to the City and he is excited about the years to come. ITEM #5 - Approval of Minutes - Regular Meeting October 17, 2002 Commissioner Gray moved to approve the minutes of the regular meeting of October 17, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #6 - Citizens to be heard re items not on the Agenda David Hemerick suggested appointing a task force to address the development of a downtown marina at the footprint of the old Memorial Causeway Bridge. Assistant City Manager Ralph Stone said the DDB (Downtown Development Board) and the CRA (Community Redevelopment Agency) have funded a seagrass study and have contacted a consultant to take the next steps. John Wiser suggested recognition of and City representative participation on local community service clubs. Dennis Henneger requested information on DDB and CRA and plans to expand the CRA. He invited the City Manager to come by his place of business on Cleveland Street. Sheila Cole requested support for January being proclaimed International Visitors Month. She indicated local businesses also are being encouraged to participate. PUBLIC HEARINGS ITEM # 7 - Public Hearing & First Reading - Ordinance 7004-02 and Ordinance 7005-02 – Approve the Land Use Plan Amendment from Residential Low (RL) to Institutional (I), and Zoning Atlas Amendment from County Zoning One, Two and Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (I) District of properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East) (Our Lady of Divine Providence, House of Prayer, Inc. LUZ 2002-05006) This development site is comprised of eight parcels of land and is located on the east side of South Bayview Drive and on the north and south sides of Penmar Drive, north of Old Tampa Bay and is 3.08 acres in area. This land use plan amendment and rezoning is requested by the applicant Our Lady of Divine Providence, House of Prayer Inc. who intends to construct a 12,000 square-foot place of worship on the site. The applicant is requesting to amend the Future Land Use Plan Map designation of these eight parcels from Residential Low (RL) to Institutional (I). Additionally a zoning atlas amendment is requested to rezone five of these parcels that were recently annexed into the City from the County’s designation of One, Two & Three Family Residential (R-4) to the City’s Institutional (I) District and to rezone the remaining three parcels from the City’s designation of Low Density Residential (LDR) to the Institutional (I) District. 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 proposed use is 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. 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 the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on August 20, 2001 and unanimously recommended approval. The City Commission approved this application on first reading on September 19, 2002. Due to a defective ordinance title, however, this application could not proceed with second reading. A new ordinance title was prepared and this application was re-advertised for a new first reading. Commissioner Jonson moved to approve the Land Use Plan Amendment from Residential Low (RL) to Institutional (I), and Zoning Atlas Amendment from County Zoning One, Two & Three Family Residential (R-4) and City Low Density Residential District (LDR) to City Institutional (I) District of properties located at 717, 719, 721, 723 & 725 South Bayview Avenue; 3018 & 3024 Penmar Drive; and Lot 5, Tract B of the Myron A. Smiths Bay View Subdivision (consisting of Section 16, Township 29 South, Range 16 East;). The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7004-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #7004-02 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 #7005-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7005-02 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 #8 - Ordinance 6924-02 - Land Use Plan Amendment for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUP 01-09-08 The Mayor presented Ordinance #6924-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6924-02 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 #9 - Ordinance 6925-02 - Rezoning for property at 19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 The Mayor presented Ordinance #6925-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6925-02 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 #10 - Ordinance 6972-02 - Land Use Plan Amendment from Commercial General to Residential High Density Residential consisting of property at 2551 Harn Boulevard. (Long Bow Corporation; James G and Anastasia S Nichols) LUZ 02-02-01 The Mayor presented Ordinance #6972-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6972-02 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 6973-02 - Rezoning Atlas from Commercial to Medium High Density Residential consisting of property at 2551 Harn Boulevard. (Long Bow Corporation; James G and Anastasia S Nichols) LUZ 02-02-01 The Mayor presented Ordinance #6973-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #6973-02 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 #12 - Ordinance 7022-02 - Annexation 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) The Mayor presented Ordinance #7022-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7022-02 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 #13 - Ordinance 7023-02 - Land Use Plan 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) The Mayor presented Ordinance #7023-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7023-02 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 #14 - Ordinance 7024-02 - 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) The Mayor presented Ordinance #7024-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7024-02 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 #15 - Ordinance 7025-02 - Annexation 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) The Mayor presented Ordinance #7025-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7025-02 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 #16 - Ordinance 7026-02 - Land Use Plan 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) The Mayor presented Ordinance #7026-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7026-02 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 #17 - Ordinance 7027-02 - Zoning Atlas Amendments for 3145 Downing Subdivision in Section 16, Township 29 South, Range 16 East) Owners: Laureno and Maria Tavares. (ANX 2002-07009) The Mayor presented Ordinance #7027-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7027-02 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 #18 - Ordinance 7028-02 - Annexation 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) The Mayor presented Ordinance #7028-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7028-02 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 #19 - Ordinance 7029-02 - Land Use Plan 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) The Mayor presented Ordinance #7029-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7029-02 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 #20 - Ordinance 7030-02 - 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) The Mayor presented Ordinance #7030-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7030-02 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 #21 - Ordinance 7031-02 - Land Use Plan Amendment 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 Mayor presented Ordinance #7031-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7031-02 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 #22 - Ordinance 7032-02 - 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) The Mayor presented Ordinance #7032-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7032-02 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 #23 - Ordinance 7044-02 - Amending Article III Public Service Tax of the Clearwater Code of Ordinances to comply with Florida State statutes. The Mayor presented Ordinance #7044-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7044-02 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 #24-41) - Approved as submitted. ITEM #24 - Approval of Purchases per Purchasing Memorandum: 1) Purchase seven (7) Gate entry controllers from Semco Integrated Systems, Jacksonville, Florida for $54,054.09. 2) Contract to Mansfield Oil Co., Atlanta, Georgia for Diesel fuel and unleaded gasoline during the period 12/16/02 through 12/15/03 for $950,000. 3) Purchase thirteen (13) 2003 Ford Crown Victoria Police Cruisers from Don Reid Ford, Maitland, Florida for $321,295. 4) Increase contract to Jeffry Knight, Inc., dba Knight Enterprises, Clearwater, Florida by $150,000 for gas main and service line installation during the remainder of the contract ending Dec. 31, 2002. 5) Purchase one (1) AA Spectrometer from Perkin-Elmer LLC, Norwalk, Connecticut for $50,635. 6) Purchase one (1) Ballfield lighting system from Florida Sports Lighting, Dunedin, Florida for $79,500. ITEM #25 - Authorize quarterly payments of interest earnings to the Clearwater Library Foundation, Inc. at the cash pool rate of return on funds received from the Clearwater Library Foundation, Inc. for the new Main Library project in an amount not to exceed $100,000, until such time as all funds contributed for this project from the Foundation are spent. ITEM #26 - Approve naming the new North Greenwood Branch Library Community Room for Pastor Mac J. Williams, Sr. ITEM #27 - Approve an agreement with Decade Properties, Inc. dba Clearwater Bay Marina from 12/01/02 to 11/30/03, a one (1) year period, for the collection of daily launch fees at Seminole Street Launching Ramps for twenty-five percent (25%) of fees collected. ITEM #28 - Accept Clearwater Cultural Plan , November 2002 and direct staff to commence with implementation of the plan pending an ordinance or budget items, which will be brought back to the Commission at the appropriate time. ITEM #29 - Accept third year grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $61,914 for 100% funding of two teen programs. ITEM #30 - Ratify and confirm City Manager approval of an increase in an existing contract with the firm of Bryant, Miller & Olive, P.A. in the amount of $16,000 for a total Purchase Order in the amount of $56,000 for attorney services to amend the Community Sports Development Agreement between the City of Clearwater and the Philadelphia Phillies and to assist in the work associated with the Home Depot acquisition and closing. ITEM #31 - Approve acceptance of a FY 2002/2003 Byrne State and Local Law Enforcement Grant in the amount of $68,794 from the Florida Department of Law Enforcement and approve an agreement with YWCA of Tampa Bay for provision of contractual services during the period 10/01/02 to 09/30/03, in accordance with Sec.2.564(1)(e), Code of Ordinances – Sole Source. ITEM #32 - Approve a work order for construction administration services for the Grandview Terrace Traffic Calming and Stormwater Improvements Construction Administration Services (02-0073-EN) to Wade Trim of Tampa, Florida in the amount of $29,645.34. ITEM #33 - Approve Change Order No. 3 in the amount of $163,281.82 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Ave/Papaya St/San Marco Reconstruction (99-0098-EN), for demolition of the fountain at the roundabout, for a new contract total of $2,999,317.04. ITEM #34 - Approve a work order to Post, Buckley, Schuh and Jernigan, Inc, an engineer-of-record, to provide conceptual planning, public involvement and final design services for the Beach Walk project, for the not-to-exceed sum of $500,000. ITEM #35 - Approve Blanket Water Main Easement from The Grand Bellagio at Baywatch Limited Partnership to the City of Clearwater and Blanket Water Main Easement from the Grand Venezia at Baywatch Limited Partnership to the City of Clearwater. ITEM #36 - Re-appoint Commissioner Hamilton to the Pinellas Planning Council for a term of two years (01-01-2003 to 12/31/2004). ITEM #37 - Re-appoint G. Richard Safirstein to the Marine Advisory Board ITEM #38 - Appoint Traci Reid to the City Resident Category of the Neighborhood & Affordable Housing Advisory Board. ITEM #39 - Authorize filing lawsuit against WTAN regarding radio tower. ITEM #40 - Approve changing Feb. 6, 2003 Commission Meeting to Feb. 5, 2003. ITEM #41 - Set Special Meetings on Downtown: December 4, 2002 at 1:30 p.m. - Streetscape Design/Gateways/Character Districts February 28, 2003 at 9:00 a.m. - Land Use Plan/Waterfront & Open Space Plans March 21, 2003 at 9:00 a.m. – Redevelopment Capital Projects. 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 #42 - Approve a five (5) year agreement from 12/01/2002 to 11/30/2007, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center. The Wood Valley Recreation Center has been operated by the City of Clearwater for over 25 years. This Center is located on Park Trail Lane just east of the entrance to Moccasin Lake Park. A very active neighborhood association has supported this center and surrounding park since its inception. Staff met with residents on September 9, 2002 and October 14, 2002 to discuss the proposed change to have the Boys and Girls Club operate the center. Resident concerns included: lack of a process that would allow community objection to maintain the status quo, and the Boys and Girls Club requirements for membership cards and an anticipated $10 - $15 annual fee. During the budget process it became apparent to staff that some internal changes were necessary in order to fund the operations of the larger recreation complexes i.e. North Greenwood Recreation/Aquatic Complex and Ross Norton Recreation/Aquatic Complex. Since Wood Valley Recreation Center was the last small neighborhood center programmed and operated by the city, staff recommends that an agreement with the Boys and Girls Club Inc. be approved so that the center can still be operated in this neighborhood. Without this approval or similar approval with an outside agency the center will be closed down. This recommendation is not unique in that over the past 20 years resources have been shifted from all of the smaller recreation centers and playgrounds (Fred Counoyer, Holt Ave. Recreation Center, Jasmine Courts, Woodgate Park, Del Oro Park, etc.) to fund a more comprehensive recreation program to meet the needs of a citywide system. At Holt Ave. and Jasmine Court the city was successful in helping these centers obtain another provider to do programming. Under this agreement the Boys and Girls Club will provide the following services: Conduct educational, recreational, cultural and motivational programs for the benefit of neighborhood and Clearwater area youth, adults, and families. Conduct programs similar to those currently being offered at Wood Valley including open center hours for free play, organized games, playtime, intramurals and child developmental activities. Facilitate and support community meetings and activities and for use as a voting site. Provide Agency personnel and assistance in monitoring, supervising and programming the outside facilities at the center. Provide all staff, materials and supplies, and operating expenses associated with the Center including but not limited to electricity, water, sewer, custodial, sanitation and minor building and maintenance. The Agency will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of it. Accounting of funds received from the City for these programs will be required. Under this agreement the City will provide the following: Lawn, landscape and ballfield maintenance for all areas around the Youth Center. Maintenance for all major capital components of the building, to include air conditioners, roof, plumbing, electrical, etc. Maintenance for playground equipment and other outside facilities i.e. basketball court, tennis courts and ballfield. Use of existing furnishings in the building i.e. game tables, chairs, tables and desks. No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. Parks and Recreation Director Kevin Dunbar said the annual fee being charged by the Boys and Girls Club does not preclude any child from participating in the program. Nine persons spoke expressing concern regarding: 1) short notice to residents about the proposed agreement and the manner in which it was presented; 2) potential for depreciation of the value of their homes; 3) a perception the Boys and Girls Club provides limited services; 4) increased traffic and children from other neighborhoods; 5) increased crime and loitering; and 6) fees for Boys and Girls Club services. Patty Clark, representing the Boys and Girls Club, said she was sad to hear some of the comments from residents. She said the Boys and Girls Club would not bring children into this community from other communities, although children are welcome to visit other clubs. She said the Boys and Girls Club has existed for over 40 years, serving all age groups and income levels. Its purpose is to work with the youth within each neighborhood to make it a safer community and give children a place to go. The clubs offer various activities and after-school programs. She encouraged residents to visit other clubs and meet with Boys and Girls Club staff. Aaron McClone, Director of the Boys and Girls Club, said the Boys and Girls Club is a youth development organization that maintains a partnership with the Big Brothers and Big Sisters organization. It brings a host of national programs to each facility and turns no child away. In response to a question, Mr. Dunbar said in May 2002, the Assistant Parks and Recreation Director contacted Ms. Jetton, a community activist in this neighborhood to make her aware of status of the Wood Valley Recreation Center. Staff advised her the City was in the process of looking for a third party vendor to operate the Center. Staff contacted Ms. Jetton several times to explain the City’s intent to determine if the Boys and Girls Club would be able to partner with the City to operate the facility. Mr. Dunbar said he attended a community meeting in October to explain the City’s intent to partner with the Boys and Girls Club. The partnership also was discussed as part of the Master Plan at public meetings. Mr. Dunbar said the Boys and Girls Club is bringing several hundred thousand dollars to the table and a solution to operation of the facility. The facility will be upgraded and will stay open the same hours it currently is open, perhaps longer. The facility will remain a City facility. The Boys and Girls Club will be responsible for operation of the facility and related programs. The agreement with the Boys and Girls Club includes a 30-day termination clause for “cause” and a 90-day termination clause for “no cause” should the City unhappy with their performance. Staff feels the Boys and Girls Club can provide a solution to keep the facility open. Mr. Dunbar said he was unaware of any negativity towards the Boys and Girls Club. In response to a question, Mr. McClone said upgrades to the facility would include a full kitchen. The facility does not have one now. Ms. Clark said many successful people attended the Boys and Girls Club’s facilities as children. The Boys and Girls Club makes every effort to adapt programs and operations to individual neighborhoods’ needs. Mr. Dunbar said although the Boys and Girls Club would continue to support neighborhood activities. The City would still have the ability to program outdoor activities at the facility. In response to a question, Mr. Dunbar said each Boys and Girls Club has its own citizens advisory board to determine and advise staff of the type of activities to offer at each facility. Mr. McClone is proposing a Clearwater Board with 3 – 5 members from each club that would report to him. Residents would have input regarding the facilities’ activities. The City would still be administrator of the lease. In response to a question, Ms. Clark said the Boys and Girls Club would consider providing transportation service for children for after-school care and summer camp for Wood Valley, if it is determined there is a need for the service. In response to a question, Mr. Dunbar said the Wood Valley Recreation facility currently has summer programs but no organized leagues. There currently is no fee for services. The recreation passes are required for out of area visitors only. The Boys and Girls Club would offer additional programming to the current programs. He said the Wood Valley Recreation Center is currently functioning as a drop-in facility. Some days the center is lightly used and other days it is busy. Ms. Clark said the Pinellas Park Boys and Girls Club is similar to the facility that the Wood Valley Recreation Center would become, except that it has baseball diamonds, etc. Mr. McClone said the Boys and Girls Club would work with the County to schedule flag football and other sports activities at Wood Valley. In response to a question, Mr. McClone said the children who use the Boys and Girls Clubs take pride in their property and keep it clean. Discussion ensued regarding the community’s perception of the Boys and Girls Club and the claim by residents of lack of notification to them regarding the facility’s disposition. It was remarked that although residents in attendance tonight felt strongly about this issue, their opinions may not reflect the opinion of the community at large. Mr. Dunbar said the Citizens Advisory Board would provide another opportunity for the residents to voice their opinions regarding operation of and programs at the facility. It was remarked that historically, the Boys and Girls Club has had an excellent reputation. It was felt that residents’ concerns could be alleviated through education about the Boys and Girls Club. In response to a question, Mr. Dunbar said currently, the facility has one full time and two part-time staff. Mr. McClone said the Boys and Girls Club is proposing two full time and one part-time staff. Commissioner Gray moved to approve a five (5) year agreement from 12/01/2002 to 11/30/2007, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center. The motion was duly seconded and carried unanimously. ITEM #43 - Adopt Resolution 02-48 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of two (2) 8" water mains and two (2) 4" fiber optic cable conduits in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement Nos. CSX-044171 and CSX-044172 and Wireline Crossing Agreement No. CSX-044173. A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and Roadway Improvement Project. As part of this project the City desires to construct two (2) 8” water mains and two (2) 4” fiber optic cable conduits. The 8” water main crossings and 4” fiber optic cable conduits are located where the CSX Railroad intersects Myrtle Ave, approximately 0.75 miles south of Marshall St. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline and wireline underneath their railway system. The cost to the City will be $1200.00 for a one-time encroachment inventory fee and $2500.00 for a Construction Risk Fee for a total cost of $3700.00. Sufficient budget and funding are available in 315-92553-565400-541-000, New Signals for the $1,600.00 in fees for the fiber optic cable conduits and in 315-96744-565200-533-000, Water System Expansion for the $2,100.00 in fees for the water mains. Commissioner Hibbard moved to adopt Resolution 02-48 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of two (2) 8” water mains and two (2) 4” fiber optic cable conduits in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement Nos. CSX-044171 and CSX-044172 and Wireline Crossing Agreement No. CSX-044173 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-48 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-48 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 #44 - Pass Ordinance No. 7015-02, modifying paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinances adding a new designated slow-down minimum wake zone off Marina Del Rey and Isle of Sand Key, on the first reading. In 1990, the City of Clearwater adopted ordinance No. 4995-90 establishing a slow speed – minimum wake zone in the internal canals of Marina Del Rey and Isle of Sand Key due to reduced visibility. The Harbormaster was recently contacted by the board of directors of the Moorings of Sand Key whose residents requested having the wake zone extended to the east of their communities off Marina Del Rey and Isle of Sand Key. With the increase in the number of boaters, the open water where boaters can pick up speed and the blind corners entering the harbor, the community believes the zone should be extended further east for safety reasons. The current code requires persons operating vessels not to exceed five miles per hour within fifty feet of any dock, pier, seawall or shoreline within the waters of the City. (Ordinance No. 33.072) The general public does not seem to be aware of this rule, therefore it is necessary to have the zone posted. We would like to request that the Commission authorize a seventy-five yard buffer from the shoreline. Letters were sent to the ten homeowners whose properties are along the shoreline of Isle of Sand Key on Sand Key Estates Drive. Those surveyed were asked whether or not they thought a wake zone was necessary. Of the ten letters sent out, six residents responded affirming the wake zone needs to be extended. We have also received several additional requests from residents on Marina Del Rey. Once Ordinance 7015-02 is adopted, the City will request permission from the Fish and Wildlife Conservation Commission, Army Corps of Engineers, US Coast Guard and DEP for the permits to install the signage necessary to establish the extended minimum wake zone. Pinellas County will be asked to pay for the signs and buoys from funds they have for that purpose, and the installation will be performed by Speeler Enterprises, who has the county contract. This process takes as much as six months. Commissioner Jonson moved to modify paragraph (9) of Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow down minimum - wake zone off Marina Del Rey and Isle of Sand Key, on the first reading. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7015-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7015-02. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #45 - First Reading Ordinance 7058-02 - Approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing up to two county residents employed within the city limits to be appointed to the Clearwater Housing Authority. Currently, City Code, with specific exemptions, requires city residency for those individuals appointed to boards. The Executive Director of the Clearwater Housing Authority requested the Commission consider allowing County residents who are employed within the city limits to be appointed to the Authority. Staff was directed to determine if there were statutory or other requirements that would prohibit this. If none were found staff was also directed to prepare an ordinance effecting this change. No prohibitions were found. The Ordinance has been prepared providing for an exemption to the residency requirement for the Housing Authority. The proposed Ordinance limits the number of county residents serving on the Authority at any one time, to two. Commissioner Gray moved to approve adding subparagraph (h) to Section 2.063 (1) of the City Code, allowing up to two county residents employed within the city limits to be appointed to the Clearwater Housing Authority. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7058-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7058-02 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 #46 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #47 - Other City Attorney Items – None. ITEM #48 - City Manager Verbal Reports Mr. Horne said the County Commission has asked the Mayor to recommend 5 people to participate in developing an Economic Development plan for the County. Consensus was to recommend John Doran, Glenn Warren, Mike Meidel, Lee Arnold and Mike Cheezem. ITEM #49 - Other Commission Action Commissioner Hibbard said it was good to be home after a trip to New York. He thanked all the people who voted Tuesday. He thanked all that attended the Visioning Session meeting. Commissioner Gray said the Farmer’s Market is starting back up on November 13 in Station Square Park from 8:00 am – 1:00 p.m. on Wednesdays. On November 6, 1,000 Friends Make It Sparkle is from 8:00 am – 12 p.m.. She wished daughter a happy 12th birthday. Commissioner Jonson said Harvey Randall passed away and extended sympathy to his wife Sara. He thanked staff for their efforts regarding a billboard that came down on Gulf-to-Bay. He visited Greenwood Recreation and Library facilities and feels they will be great. There will be a US19 Task Force Construction Meeting on December 3 from 8:00 – 9:00 am at the Holiday Inn on US19 – the task force is recommending adding numbers to the business pole signs. He attended the economic briefing at which Lee Arnold talked about the technology corridor along Interstate 4. Mr. Arnold said Pinellas County is getting more high-tech businesses on this end of the corridor than Hillsborough County because it is a fun place to live. He congratulated those elected on Tuesday. He urged everyone to participate in Neighborhood Watch programs. He encouraged everyone to properly dispose of trash and cigarette butts. Commissioner Hamilton said the Commission received a letter from County Commissioner Karen Seel regarding the 2010 Vision Tourism projects. Clearwater’s initial response only included Beachwalk. He suggested other projects regarding underground wires on the beach and Alt 19 redevelopment also be added to Clearwater’s list for potential funding. He hopes after Saturday he will need to buy Commissioner Hibbard a big T-shirt if his team wins. Mayor Aungst congratulated everyone that participated in Tuesday’s election. He looks forward to working with them. He congratulated the Arts Committee for their art plan. Christmas under the Oaks is November 9 and 10 at Coachman Park. November 11 is the International Shuffleboard Tournament at the Harborview Center. November 11 the Commission will attend a Veteran’s Day Memorial Service at Curlew Hills Memorial Park. November 14 he will attend the 26th annual award luncheon for the Paramedic Team of Excellence. Commissioner Hibbard will officiate the annual kettle kickoff campaign on November 15 at City Hall. The North Greenwood clean-up is on November 16 from 8:00 am to 12:00 p.m., ending with a party on Phillies Drive. November 19 at 10 am is the Sand Key Fire Station ribbon-cutting. November 20 at 5 p.m. is the South Clearwater Citizens for Progressive Action Thanksgiving Dinner at Ross Norton Park. November 21 at 4:30 p.m. is the ribbon-cutting for new Hispanic Outreach Center at 612 Franklin Street. November 20 – 24 is the Festival of Trees at the Harborview Center. He appreciated everyone who attended tonight’s meeting sharing their thoughts. ITEM #50 – Adjournment The meeting adjourned at 8:37 p.m.