Loading...
10/16/2003CITY COMMISSION MEETING CITY OF CLEARWATER October 16, 2003 Present: Brian J. Aungst Mayor/Commissioner Hoyt P. Hamilton Vice-Mayor/Commissioner Whitney Gray 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 6:00 p.m. at City Hall. Tom E. Shelton, Youth Minister at Harborside Christian Church, offered the invocation. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 3. Service Awards Three service awards were presented to City employees. 4. Introductions, Awards and Presentations a. Proclamation: Martial Arts Day – October 18, 2003 b. Presentation: Neighborhood Awards for the Quarter Carlouel was presented the Neighborhood of the Quarter award. Homes of the Quarter awards were presented to the Arnolds at 1010 Navajo Street, the Cournoyers at 1476 Cleveland Street, the Walkers at 129 North Lake, and Ms. Miller at 1400 South Madison. c. Presentation: Good Neighbor Award Mike Meidel, Clearwater Chamber of Commerce, presented the Good Neighbor Award to the Bank of America. d. Presentation: 2003 FNGA Operating Person of the Year – Mark Tranter Mark Tranter, Florida Natural Gas Association, was presented the 2003 FNGA Operation Person of the Year award. 5. Approval of Minutes - Regular Meeting 10/02/03 and Special Meeting 10/02/03 Commissioner Jonson moved to approve the minutes of the regular meeting of October 2, 2003, and the special meeting of October 2, 2003, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the Agenda – None. PUBLIC HEARINGS 7. Public Hearing & First Reading Ordinances #7179-03, #7180-03 & #7181-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16). ANX2003-07015 (Lawrence A. & Susan Walther) The subject property is located at 910 Berkley Place, on the southwest corner of Berkley Place and Palmetto Street approximately 600 feet east of Belcher Road. The applicant is requesting this annexation in order to receive City sewer. The property is contiguous with the existing City boundaries to the south; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is proposed that the abutting rights-of-way not currently within the City limits also be annexed. The subject site is approximately 0.17-acres in area and is occupied by a single-family dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium Density Residential. 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. The Pinellas Planning Council (PPC) and Pinellas County staffs have reviewed this annexation according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on September 16, 2003, and unanimously recommended approval. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 910 Berkley Place (Lot 9, Block A Palmetto Terrace in Sec. 7-29-16). ANX2003-07015 (Lawrence A. & Susan Walther) The motion was duly seconded and carried unanimously. Ordinance #7179-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7179-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7180-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7180-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7181-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7181-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 8. Public Hearing & First Reading Ordinances #7176-03, #7177-03 & #7178-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15). ANX2003-07014 (Charles R. Smalley) The subject property at 2179 Burnice Drive, on the south side of the street, is approximately 220 feet west of Belcher Road. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the north and east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.23-acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. 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 Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on September 16, 2003, and unanimously recommended approval. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 2179 Burnice Drive (Lot 31, Glen Ellyn Estates in Sec. 24-29-15). ANX2003-07014 (Charles R. Smalley) The motion was duly seconded and carried unanimously. Ordinance #7176-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7176-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7177-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7177-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7178-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7178-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 9. Public Hearing & First Reading Ordinances #7184-03, #7185-03 & #7186-03 - Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LDR, Low Density Residential District for 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15). ANX2003-07016 (Steve G. & Rebecca L. Rainwater) The subject property at 1830 Brentwood Drive, is on the north side of the road approximately 450 feet east of Keene Road and 280 feet north of Lakeview Road. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LDR, Low Density Residential. 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. The Pinellas Planning Council (PPC) and Pinellas County staffs have reviewed this annexation according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LDR, Low Density Residential District for 1830 Brentwood Drive (Lot 6, Lake Lela Manor, First Addition in Sec. 24-29-15). ANX2003-07016 (Steve G. & Rebecca L. Rainwater). The motion was duly seconded and carried unanimously. Ordinance #7184-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7184-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7185-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7185-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Ordinance #7186-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7186-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 10. Public Hearing - Charter Review Committee Report. City Attorney Pam Akin reviewed the changes recommended by the Charter Review Committee. There was no public comment regarding the Charter Review Committee Report. In response to a question, regarding Sec. 2.07, Ms. Akin said the Commission would make the decision as to what is considered an excused absence. Discussion ensued regarding unanticipated life threatening or maternity issues that could affect a Commissioner’s attendance. It was felt that if a Commissioner were to experience such an event, they would most probably voluntarily resign. In response to a question, Ms. Akin said the Charter is specific in requiring the Commission to hold two public hearings for approval of non-budgeted expenditures in excess of $5 million. She said she did not know if the process has ever been used. Discussion ensued regarding the Committee’s recommendations. In response to a question, Mr. Dennehy said the Committee felt that if two Commissioners served on the Charter Review Committee, they should be nonvoting members, otherwise they could unduly influence other members. One Commissioner who attended some of the Charter Review Committee meetings said his impression of the Committee’s recommendation that the proposed changes go directly to referendum was an effort to show that the Commission had no influence on the questions being placed on the ballot. In response to a question, City Manager Bill Horne said he felt the Commission has extensive knowledge of the issues facing the City, which allows them to determine what is best for the community as a whole. In response to a question, Ms. Akin said she felt the elected officials should retain their authority regarding such matters. She said although it is highly unlikely, the Commission could potentially place questions on the ballot that were in direct opposition to the Committee’s recommendations. It was remarked that the elected officials should be accountable for operations of the City. Consensus was to bring forward all the Committee’s recommendations except the Committee’s recommendation that proposed changes go directly to referendum. Public Hearing - Second Reading Ordinances 11. Ordinance #7183-03 - revise Appendix A, Building Permit Fees, Code of Ordinances. Ordinance #7183-03 was presented for second reading and read by title only. Commissioner Gray moved to pass and adopt Ordinance #7183-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Aungst. "Nays": None. Absent: Hibbard. 12. Ordinance #7211-03 - amend Clearwater Code of Ordinances 2.322, 2.325, 2.328, 2.329 and 2.332 regarding reimbursement and payment of travel costs. Ordinance #7211-03 was presented for second reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7211-03 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Aungst. "Nays": None. Absent: Hibbard. 13. Ordinance #7194-03 - establish new non-resident fees for non-residents to participate at City recreation facilities and in City recreation programs and activities. Ordinance #7194-03 was presented for second reading and read by title only. Commissioner Jonson moved to pass and adopt Ordinance #7194-03 on second and final reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, and Aungst. "Nays": None. Absent: Hibbard. 14. Ordinance #7192-03 - provide a revised watering schedule for all types of water to parallel the Southwest Florida Water Management District rescission of Executive Order SWF 01-18 and adopt the current water use restrictions contained in Chapter 40D-22, F.A.C. - CONTINUED TO DATE UNCERTAIN. Commissioner Hamilton moved to continue Ordinance #7192-03 to a date uncertain. The motion was duly seconded and carried unanimously. Third Reading Ordinances 15. Ordinance #7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to Institutional (INS) (LUZ2003-03002). Commissioner Gray moved to approve a Land Use Plan Amendment from Residential Urban (RU) to Institutional (INS) (LUZ2003-03002). The motion was duly seconded and carried unanimously. Ordinance #7124-03 was presented for third reading and read by title only. Commissioner Hamilton moved to pass and adopt Ordinance #7124-03 on third and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hibbard, Jonson, and Aungst. "Nays": None. Absent: Hamilton. 16. Ordinance 7125-03 – Approve a Zoning Atlas Amendment from LMDR, Low Medium Residential District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency Oaks Blvd. (A portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16) (LUZ2003-03002) Commissioner Gray moved to approve a Zoning Atlas Amendment from LMDR, Low Medium Residential District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency Oaks Blvd. (A portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16) (LUZ2003-03002). The motion was duly seconded and carried unanimously. Ordinance #7125-03 was presented for third reading and read by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7125-03 on third and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Jonson, Hibbard, and Aungst. "Nays": None. Absent: Hamilton. CITY MANAGER REPORTS CONSENT AGENDA (Items # 17-28) – Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. 17. Approval of Purchases per Purchasing Memorandum: Tampa Bay Engineering Group Inc., Clearwater, Florida – Engineering services during the contract period 10/17/03 thru 7/16/06 in the amount of $250,000. (CGS) (Consent) Rowland Inc., Pinellas Park, Florida – Manhole rehabilitation during the contract period 10/17/03 thru 10/31/04 in the amount of $190,000. (PW) (Consent) 18. Ratify and confirm the City Manager's approval to expend the amount of $327,500 for the excavation, transportation, lab work and disposal of contaminated coal-tar material, $70,500 for the excavation and disposal of regular household trash, both of which were unearthed during the construction of the Community Sports Complex. Approve funding in the amount of $25,000 for the removal of exotic plants and scrub brush in the right of way and pond along U.S. 19 and the eastern boundary of the Community Sports Complex for a total approval of $423,000.00 towards the project. (PR) 19. Approve an Amendment to License Agreement between Florida Power Corporation and the City of Clearwater for use of the right of way along Old Coachman Road. (PR) 20. Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund. (PD) 21. Approve extension of a contact to Automated Presort, Inc. in the amount of $390,000 (estimated) from November 1, 2003 to October 31, 2004 for mail processing services and postage for the City of Clearwater. (PC) 22. Accept a 13.1 square foot, more or less, perpetual Right-of-Way and Utilities Easement granted by Marilyn T. Urban and Deborah L. Gillespie, conveyed for $1.00 and other consideration across a portion of Lot 89, AMBLESIDE SUBDIVISION, SECOND ADDITION, as more particularly described therein and authorize the appropriate officials to execute same. (PW) 23. Accept a 25-foot wide Utility Easement over and across a 253.24 foot portion of the Southeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East conveyed by Grace Baptist Church of Clearwater, Inc. for and in consideration of the sum of $1.00 and the appropriate officials be authorized to execute same. (PW) 24. Award a contract for the NORTH BEACH DRAINAGE IMPROVEMENTS (02-0007-EN) to Keystone Excavators of Oldsmar, Florida for the sum of $586,876.40 which is the lowest responsible bid received in accordance with the plans and specifications. (PW) 25. Approve a contract with George R. and Theresa C. Nowak to sell surplus property described as the West 399.78 foot portion of the 50-foot former railroad easement abutting the south property line of Lot 15, CLEARWATER INDUSTRIAL PARK, for $40,000, subject to terms and conditions contained therein and authorize the appropriate officials to execute same. (PW) 26. Approve a contract with Bellomo-Herbert and Company, Inc. for design of the Cleveland Street and Station Square Park streetscape, in the amount of $371,828.61 and authorize the appropriate officials to execute same. (PW) 27. Lease Purchase Contract with SunTrust. (FN) 28. 2004 State Legislative Package. (ORLS) 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 29. Approve Parks and Recreation Board recommendation naming City property located within Court Street to the south, Prospect Avenue to the west, Park Street to the north, and Ewing Avenue to the east, Prospect Lake Park. (PR) The Town Lake project developed an existing pond and enlarged it to create a 3.8 acre lake with approximately one half acre of surrounding parkland. The lake provides flood protection and storm water treatment for approximately 109 acres of contributory drainage area using a combination of chemical (alum injection), physical (settling) and biological (aquatic planting) processes. Commission Resolution No. 94-12 specifies that the Parks and Recreation Board will conduct and advertise a public hearing to consider recommendations for park names at a regular meeting of the Board. At the May 1, 2003, City Commission meeting, the Commission requested that the board consider having a second public hearing to generate additional naming suggestions after reviewing suggestions generated at the March 24, 2003 public hearing on the naming of this facility. The Board held another public meeting on August 25, 2003. A total of 54 names were received by the Board for consideration. Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Commission that the facility be named "Prospect Lake Park". The second choice was "Clearwater Central Park". It was suggested that as the downtown is in the process of being developed and efforts are being made to create a unique character in the downtown, this item be tabled to allow for additional names to be submitted. It was suggested that Prospect Lake Park would not adequately reflect the character and history of the downtown. Bilgore or Roebling were suggested as possible names. Concerns were expressed that naming this park is being “beat to death.” It was suggested the park be named as recommended and if there is a compelling reason to do so, rename it in the future. It was remarked that Jack Eckerd has been a large part of the community. It was suggested the naming of the Town Lake be deferred until a more specific character is developed in the downtown. Commissioner Hibbard moved to name the town lake Eckerd Lake Park. The motion was duly seconded. Discussion ensued and it was felt the Eckerd family should be consulted regarding the suggestion. Commissioner Hibbard and the seconder withdrew the motion. Commissioner Hibbard moved to continue Item #29 regarding the Parks and Recreation Board’s recommendation to the next meeting. The motion was duly seconded and carried unanimously. It was remarked that the matter would have to go back to the Parks and Recreation Board for further review. Commissioner Gray moved that the motion to continue Item #29 regarding the Parks and Recreation Board’s recommendation to the next meeting be reconsidered. The motion was duly seconded and carried unanimously. Commissioner Hamilton moved to continue Item #29 to a date uncertain. The motion was duly seconded and carried unanimously. Staff will bring forward recommendations regarding changing the naming process. 30. First Reading Ordinance No. 7163-03 - Amending Chapter 17: Fire Prevention to achieve compliance with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60: Florida Fire Prevention Code; delete local amendments superseded by Statute; and modify penalty for violation of articles. Florida Statute 633: Fire Prevention and Control was amended to create a statewide Unified Prevention Code, adopting National Fire Protection Association, NFPA 1: Fire Prevention Code and NFPA 101: Life Safety Code and their referenced standards. This amendment change aligns our City Fire Code to the new State law, eliminating the need for separate City Fire Prevention and Life Safety Codes, which are deleted in this change. Also, the Ordinance change creates an incentive for prompt code compliance by city businesses. Clearwater has approximately 15,000 commercial occupancies that are subject to inspection by the Fire Marshal's Office under Florida Statute 633. The inspection cycle is determined by the amount of time between a fire inspector's first proactive visit to a business and the next proactive visit upon completion of the remaining 15,000 occupancies. The current inspection cycle is approximately 8-10 years. One of the Fire Chief's strategic goals is to perform on a two-year cycle consistently. The Fire Service recognizes a corollary effect of increasing code violations to an increasing inspection cycle, meaning the longer it takes for fire inspectors to complete a full rotation of the inspection cycle, the more significant the violations become and need for follow-up reinspections increase. One area that significantly decreases inspection production is the amount of time and resources needed to perform re-inspections (or follow-ups) for tracking corrections to code non-compliance. Business owners who are violation-free need no follow-up, and business owners who take appropriate corrective action if a violation is found on the first visit need only a brief follow-up visit to ensure compliance. Unfortunately, some businesses choose to abuse our internal policy of not taking an owner to court unless it is the last resort, which forces us to return as many as five times before full compliance is met and a safe environment for our citizens is achieved. Commissioner Jonson moved to approve amending Chapter 17: Fire Prevention to achieve compliance with amended Florida Statute 633:0215 and Florida Administrative Code 4A-60: Florida Fire Prevention Code; delete local amendments superseded by Statute; and modify penalty for violation of articles. The motion was duly seconded and carried unanimously. Ordinance #7163-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7163-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 31. First Reading Ordinance No. 7193-03 - Amending Chapter 5: Fire Alarms, to delete and modify definitions; to limit the number of courtesy warnings; and to modify the procedures relating to issuance of citations for false alarms. This ordinance change is required to: create an incentive to minimize false alarm activations within the City; prescribe when written courtesy warnings and civil penalties will be assessed; modify the classification of the false alarm violations and associated penalties; and eliminate the administrative false alarm fee. The City of Clearwater has approximately 15,000 commercial occupancies within our Fire District. Many of these have Fire Alarm systems as a proactive fire protection device. Although some of the alarm systems were installed to reduce insurance premiums, the vast majority are there because the code requires them. The code also requires that they function properly, which is not occurring as consistently as we need. In 2001, Clearwater Fire and Rescue responded to 1,210 False Alarms (over 3 per day). In 2002, the total climbed to an all-time high of 1,550. In 2003 through August 18th, we experienced 879 false alarms. All of these are actual false alarms validated by investigation of the responding officer at the incident. Our protocols account for real fire situations and the instances where alarms are activated in good faith. We do not consider these to be false calls for reporting purposes. When fire alarms activate, an automatic response of vehicles and personnel is sent depending on size of the building and nature of the call. The true costs to the department for responding to each of these types of false emergencies range from approximately $350 to $2500 (depending on how many resources are initially summoned). There are other intangible costs ranging from emergency responders experiencing undo stress during the actual response to the real risk of multiple emergency vehicles running "Code 3" to the traveling public. In addition, while fire and rescue emergency personnel and equipment are responding to the false alarms, they become unavailable to respond to actual fire and EMS emergencies. The proposed amendment to the current ordinance subjects business owners to a civil penalty for a class II violation ($141.00 for fine plus court costs) for the first recurring offense if the violator chooses to not appear in court and not contest the violation. This amount doubles with the second and subsequent recurring violations. The costs are based on the court schedule of fees for a class II violation and are not established by the Fire Department or the City. If the violator does appear in court, the court may establish a penalty of up to $500.00 for each offense. The Fire department does not want to penalize the responsible building owner, so the first false alarm each calendar year will incur no penalty other than a courtesy letter of warning about any additional alarms. Based on the above statistics, we expect to generate approximately $100,000 the first year. The fire department is proposing this ordinance change, not as a lucrative revenue source, but rather as an incentive to business owners to reduce false alarm activity. It does not impact businesses that use our services sparingly (by not assessing any charges to them); whereas the "abuser" pays a nominal fee that offsets the human resource costs for which they generate the need. Nationally, jurisdictions that impose this specific penalty usually see an immediate decrease in false activity thereby, reducing any dependable revenue source. Although sizeable initial year revenues are projected, these are expected to drop appreciably as businesses eliminate or reduce improper false alarm activity. Commissioner Hibbard moved to approve amending Chapter 5: Fire Alarms, to delete and modify definitions; to limit the number of courtesy warnings; and to modify the procedures relating to issuance of citations for false alarms. The motion was duly seconded and carried unanimously. Ordinance #7193-03 was presented for first reading and read by title only. Commissioner Hamilton moved to pass Ordinance #7193-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 32. Approve the collective bargaining agreements as negotiated between the City of Clearwater and Fraternal Order of Police, Lodge # 10 and Clearwater Supervisors, for Fiscal Years 2003/04, 2004/05, and 2005/06. The most recent collective bargaining agreements between the City of Clearwater and the Fraternal Order of Police expired on September 30, 2003. City management staff and representatives of F.O.P. met beginning June of 2003 to negotiate separately new contracts for the rank and file and supervisor bargaining units. The parties reached tentative agreements on October 1, 2003, and September 29, 2003, respectively. The Unions submitted the proposed agreements to their individual memberships for ratification. The rank and file unit ratified by a vote of 105 to 14 on October 14, 2003, and the supervisor unit ratified by a vote of 47 to 1 on October 10, 2003. These are three-year agreements at a total cost of approximately $2 million over the life of the contracts. This amount will necessitate in FY 2003/04 a first quarter budget amendment to the Police Department operating budget in the amount of approximately $140,000 from the unappropriated retained earnings of the general fund. The agreements contain the following provisions: Wages & Compensation: Provide for step adjustments, a one-time lump sum bonus of either $250 or $500 to targeted employees, and a 3% general wage increase effective October 1, 2003. Provide for 4% general wage increase effective October 1, 2004, and October 1, 2005, in addition to maintaining existing step merit pay increase plan. Human Resources Director Joe Roseto said both contracts have been ratified. Commissioner Hamilton moved to approve the collective bargaining agreements as negotiated between the City of Clearwater and Fraternal Order of Police, Lodge # 10 and Clearwater Supervisors, for Fiscal Years 2003/04, 2004/05, and 2005/06 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 33. IAFF Union Negotiations Update Mr. Roseto said the City is scheduled to meet with the firefighter union and a Federal mediator on October 22, 2003. A Special Master has been chosen to help with the impasse. 34. Other Pending Matters – None. CITY ATTORNEY REPORTS 35. Other City Attorney Items a. Emergency Alcoholic Beverage Ordinance #7216-03 – Relating to the opening and closing hours for Alcoholic Beverage Establishments and to adopt hours established by the Board of County Commissioners. The proposed amendment to the Clearwater Code of Ordinances would bring the City of Clearwater into conformance with the closing hours for alcoholic beverage establishments currently contained in Chapter 6, Article II of the Pinellas County Code of Ordinances. The proposed amendment would allow for the sale of alcoholic beverages on Sundays to commence at 11:00 a.m., rather than the 1:00 p.m. Sunday time currently allowed in the Clearwater Code of Ordinances. The City Attorney noted this emergency Ordinance will expire in 90 days. Ordinance #7217-03 will be adopted at the next meeting and will be the permanent Ordinance. Emergency Ordinance #7216-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7216-03 on first and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. b. Alcoholic Beverage Ordinance # 7217-03 – Relating to the opening and closing hours for Alcoholic Beverage Establishments and to adopt hours established by the Board of County Commissioners. Ordinance #7217-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7217-03 on first and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 36. City Manager Verbal Reports In response to a question, Mr. Brumback said due to current confusion, the City is not ticketing residents for watering their lawns. Once the County decides on its watering policy, the City will go along with it. 37. Commission Discussion Items a. City Attorney’s Evaluation Each Commissioner presented their evaluation of the City Attorney’s performance for the year. They all ranked her as “exceeds expectations”. b. City Manager’s Evaluation Commissioners presented their evaluations of the City Manager’s performance for the year. On a scale of 1 – 5, the City Manager received a rating of above “4”. Salary adjustments for the City Attorney and City Manager will be considered at the next meeting. 38. Other Commission Action Commissioner Hibbard went to the Police Officer promotion ceremony. He said he appreciates their camaraderie. He attended the Make a Difference Fishing Tournament and felt it was touching to see kids with special needs enjoying themselves. He participated in the Youth Leadership Pinellas interviews. He said the applicants were impressive and its future is in good hands. Mayor Aungst wished Commissioner Jonson, Assistant City Manager Garry Brumback, City Clerk Cyndie Goudeau, and Commission Staff Assistant Carolyn Brink Happy Birthday. He said the Commission participated in the Jazz Holiday kick-off party on October 14. He attended Conversations on the Future of Downtown Clearwater October 14. The next sessions are on October 21 and 27 at 7:00 p.m. Some Commissioners attended the October 15 Lowe’s Grand Opening at Clearwater Mall. He welcomed the gathering of the National Association of Retired Federal Employees at the Harborview Center today. He encouraged everyone to support the Food Pantry and attend their RCS Rally on October 17 at 9:00 a.m. On October 18 at 9:45 a.m. he will attend grand opening of Jared the Galleria of Jewelry at Clearwater Mall. He encouraged everyone to attend the Clearwater Jazz Holiday tonight through October 19. The Grand Opening of the NextWave Computer Store at Clearwater Mall is October 24 at 10:00 a.m. The National Conference for Community and Justice kick-off campaign is at Tampa City Hall on October 28 at 3:00 p.m. Their slogan is Use Your Voice! Eliminate Hate! On October 29 at 5:30 p.m. he will attend the Ruth Eckerd Hall Re-opening Gala regarding their extensive renovation. On November 1 at 8:15 a.m. he will join in the Heart Walk at the Ice Palace. The next Work Session is November 3 at 9:00 a.m. Commissioner Jonson found conversations held regarding Downtown fascinating and encouraged everyone to attend meetings Tuesdays. He attended Senator Sebesta’s Tampa Bay Commuter Rail Authority meeting last Wednesday. He said the legislation has been asleep for ten years. There may be revenue bonds to fund that project but a feasibility study first is needed. The FDOT currently is doing an intermodal transportation study that can be expanded Results of that study are expected in spring. Commissioner Hamilton attended the Make a Difference Fishing Tournament. The Tournament will need help from City to put on the tournament twice a year. He encouraged everyone to be careful this Halloween as it is on Friday this year. He wished his older brother Happy Birthday. Commissioner Gray said lots of things are going on in the City. She announced she must resign her seat in December as her husband has received a very good business opportunity that will require her to relocate. She said she has enjoyed serving with everyone. She thanked everyone for their friendship and support. 39. Adjournment The meeting adjourned at 8:41 p.m.