June 21, 2012

3:00 PM

 

Welcome to the City of St. Petersburg City Council meeting.  To assist the City Council in conducting the City’s business, we ask that you observe the following:

 

1.        If you are speaking under the Public Hearings, Appeals or Open Forum sections of the agenda, please observe the time limits indicated on the agenda.

2.        Placards and posters are not permitted in the Chamber.  Applause is not permitted except in connection with Awards and Presentations.

3.        Please do not address Council from your seat.  If asked by Council to speak to an issue, please do so from the podium.

4.        Please do not pass notes to Council during the meeting.

5.        Please be courteous to other members of the audience by keeping side conversations to a minimum.

6.        The Fire Code prohibits anyone from standing in the aisles or in the back of the room.

7.        If other seating is available, please do not occupy the seats reserved for individuals who are deaf/hard of hearing.

GENERAL AGENDA INFORMATION

 

For your convenience, a copy of the agenda material is available for your review at the Main Library, 3745 Ninth Avenue North, and at the City Clerk’s Office, 1st Floor, City Hall, 175 Fifth Street North, on the Monday two weeks preceding the regularly scheduled Council meeting. The agenda and backup material is also posted on the City’s website at www.stpete.org and generally electronically updated the Friday preceding the meeting and again the day preceding the meeting. The updated agenda and backup material can be viewed at all St. Petersburg libraries. An updated copy is also available on the podium outside Council Chamber at the start of the Council meeting.  

 

If you are deaf/hard of hearing and require the services of an interpreter, please contact the City Clerk, 893-7448, or call our TDD Number, 892-5259, at least 24 hours prior to the meeting and we will provide that service for you.


June 21, 2012

3:00 PM

 

Council Meeting

A.       Meeting Called to Order and Roll Call.

Invocation and Pledge to the Flag of the United States of America.

B.       Approval of Agenda with Additions and Deletions.

Open Forum

 

If you wish to address City Council on subjects other than public hearing or quasi-judicial items listed on this agenda, please sign up with the Clerk prior to the meeting.  Only the individual wishing to speak may sign the Open Forum sheet and only City residents, owners of property in the City, owners of businesses in the City or their employees may speak.  All issues discussed under Open Forum must be limited to issues related to the City of St. Petersburg government.

 

Speakers will be called to address Council according to the order in which they sign the Open Forum sheet.  In order to provide an opportunity for all citizens to address Council, each individual will be given three (3) minutes.  The nature of the speakers' comments will determine the manner in which the response will be provided.  The response will be provided by City staff and may be in the form of a letter or a follow-up phone call depending on the request.

C.       Consent Agenda (see attached)

D.       New Ordinances - (First Reading of Title and Setting of Public Hearing)

Setting July 12, 2012 as the public hearing date for the following proposed Ordinances:

1.      Approving the vacation of a 16-foot wide dead-end alley on the east side of 24th Street South, immediately south of 2342 Emerson Avenue South. (City File 12-33000001)

 

 
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2.      Approving the re-designation with expanded local landmark boundaries of the Maximo Park Archaeological Site, located at 6600 - 34th Street South. (City File HPC 12-90300002)

 

 
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3.      Ordinance in accordance with Section 1.02(c)(5)A., St. Petersburg City Charter, authorizing the restrictions contained in a Site Dedication ("Site Dedication") dedicating the boat ramp project area ("Project Area") at Maximo Park to the public as a boating access facility for the use and benefit of the general public from the date of execution of the Site Dedication by the City to June 30, 2033, as a requirement for receipt of the Florida Fish and Wildlife Conservation Commission ("FFWCC") grant from the Florida Boating Improvement Program, Boating and Waterways Section for the boat ramp improvements at Maximo Park; authorizing the Mayor or his designee to execute a Site Dedication for the Project Area for a period ending June 30, 2033; September 30, 2032; and all other documents necessary to effectuate this Ordinance. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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4.      Six Ordinances in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at six boat ramp locations to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032, as a requirement for receipt of Florida Fish and Wildlife Conservation Commission ("FFWCC") Grants from the Florida Boating Improvement Program, Boating and Waterways Section at six City-owned parks; authorizing the Mayor or his designee to execute Site Dedications for the Project Areas for a period ending September 30, 2032: and all other documents necessary to effectuate these Ordinances. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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(a)   Ordinance in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Lake Maggiore Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(b)  Ordinance in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Grandview Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(c)   Ordinance in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Demens Landing to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(d)  Ordinance in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Crisp Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(e)   Ordinance in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Northeast Exchange Club Coffee Pot Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

(f)   Ordinance in accordance with Section 1.02(c)(5)a., St. Petersburg City Charter, authorizing the restrictions contained in Site Dedications ("Site Dedications") dedicating the boat ramp project areas ("Project Areas") at Bay Vista Park to the public as boating access facilities for the use and benefit of the general public from the date of execution of the Site Dedications by the City to September 30, 2032.

5.      An ordinance relating to the provision of fire protection services in St. Petersburg and authorizing the imposition and collection of fire service assessments against property throughout the City.

 

 
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E.       Reports

1.      Tourist Development Council.  (Chair Curran) (Oral)

 

 
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2.      WorkNet Pinellas.  (Vice-Chair Newton) (Oral)

 

 
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3.      Museum of History Lease.  (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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4.      Grand Prix Race Agreement Extension.  (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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5.      National Association of Regional Planners Convention.  (Vice-Chair Newton) (Oral)

 

 
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6.      Approving a commitment of $5 million in the fund balance of the Economic Stability Fund to self-insure a portion of the Primary Layer of the general Property Insurance Program providing that the money committed shall not be appropriated elsewhere.

 

 
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F.       New Business

1.      Referring to the Youth Services Committee a discussion of a Youth Master Plan/Public Forum.  (Councilmember Kornell)

 

 
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2.      Referring to the Budget, Finance & Taxation Committee a proposal to provide tuition reimbursement for part-time recreation employees who provide childcare in our recreation centers for after school care and summer playcamps.  (Councilmember Kornell)

 

 
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3.      Referring to the Youth Services Committee a discussion regarding the Juvenile Welfare Board's efforts to create a quality preschool model at the St. Pete College Allstate Center.  (Councilmember  Kornell)

 

 
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G.       Council Committee Reports

1.      Co-Sponsored Events Committee.  (5/31/12)

 

 
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(a)   Resolution approving events for co-sponsorship in name only by the City for Fiscal Year 2013; waiving the non-profit requirement of Resolution No. 2000-562(a) for the co-sponsored events to be presented by Times Publishing Company, Women's Half Marathon, LLC, Design Ofresco Corp., Yachting Promotions, Inc., Backline Music Group, LLC, and Cox Radio, Inc. In FY 2013; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

(b)  Resolution in accordance with City Code Section 21-38(d) exempting Ribfest and Chillounge Night from the restrictions in City Code Section 21-38 (d) on the issuance of a permit for alcoholic beverages (for on premises consumption only) to be sold, served, dispensed, possessed, used and/ or consumed in: 1) Vinoy Park for Ribfest to be held November 9, 10 and 11, 2012 between the hours of 11:00 a.m. and 11:00 p.m. on November 9 and 10 and 1:00 p.m. and 10 p.m. on November 11; and  2) North Straub Park for Chillounge Night to be held November 17, 2012, between the hours of 6:00 p.m. and 11:00 p.m.

2.      Budget, Finance & Taxation Committee.  (6/14/12)

 

 
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3.      Public Services & Infrastructure Committee.  (6/14/12)

 

 
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4.      Arts Funding Committee.  (5/10/12 & 6/14/12)

 

 
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5.      Housing Services Committee.  (6/14/12) & (6/19/12)

 

 
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(a)   Resolution approving the Policies and Procedures set forth herein ("Policies and Procedures") that authorize the Mayor or his designee to take the actions set forth therein on housing assistance issues in a timely manner pursuant to the Policies and Procedures; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this Resolution and the Policies and Procedures.

(b)  Approving the qualifications of Homes For Independence, Inc. (“HFI”) to acquire, rehabilitate and manage single-family rental properties for households with incomes at or below 50% of the Area Median Income using Neighborhood Stabilization Program 3 ("NSP-3") funding at a not to exceed amount of $730,000; authorizing the Mayor or his designee to negotiate and provide a minimum of five 0% interest NSP-3 loans for a total combined amount not to exceed $730,000 to HFI for properties located in the NSP-3 target areas, subject to Housing and Community Development staff review of each individual property location for compliance with all NSP-3 regulatory requirements and including a provision to forgive the loans at the end of a successful forty year affordability period; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.

H.       Legal

1.      Resolution establishing its intent to reimburse certain capital expenditures incurred in connection with improvements to the City's Public Utilities System with proceeds of a future tax-exempt financing; and providing certain other matters in connection therewith.

 

 
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2.      Approval of City of St. Petersburg Health Facilities Authority Health Facilities Revenue Refunding Bonds (All Children's Hospital, Inc. Obligated Group), Series 2012, as required by the TEFRA.

 

 
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I.         Public Hearings and Quasi-Judicial Proceedings - 6:00 P.M.

Public Hearings

NOTE:  The following Public Hearing items have been submitted for consideration by the City Council.  If you wish to speak on any of the Public Hearing items, please obtain one of the YELLOW cards from the containers on the wall outside of Council Chamber, fill it out as directed, and present it to the Clerk.  You will be given 3 minutes ONLY to state your position on any item but may address more than one item.

1.      Confirming the preliminary assessment for Lot Clearing Number 1504.

 

 
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2.      Confirming the preliminary assessment for Building Securing Number 1165.

 

 
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3.      Confirming the preliminary assessment for Building Demolition Number 393.

 

 
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4.      Ordinance 25-H amending Chapter 16 to provide the process for the creation of a Downtown Waterfront Master Plan as required by the Charter.

 

 
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First Reading and First Public Hearings

Setting July 26, 2012 as the second reading and second public hearing date for the following proposed Ordinance(s).

5.      Proposed amendments to the Land Development Regulations, City Code Chapter 16, regarding off-premise signage (billboards) and proposed agreement with Clear Channel Outdoor to permanently remove 80 static billboards and replace six (6) remaining static billboard faces with digital billboard faces. (City File LDR-2012-02)

 

 
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(a)   Ordinance amending the Sign Code; providing for allowing off-premise digital signs in conjunction with an agreement removing non-conforming off-premise signs; providing for limitations on size; providing standards for lighting; and providing standards for messages.

(b)  Resolution approving the billboard relocation and reconstruction agreement between the City of St. Petersburg and Clear Channel Outdoor, Inc. and authorizing the Mayor to execute the agreement.

 

Quasi-Judicial Proceedings

 

Swearing in of witnesses.  Representatives of City Administration, the appli­cant/appellant, opponents, and members of the public who wish to speak at the public hearing must declare that he or she will testify truthfully by taking an oath or affirmation in the following form:

 

"Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?"

 

The oath or affirmation will be administered prior to the presentation of testimony and will be administered in mass to those who wish to speak.  Persons who submit cards to speak after the administration of the oath, who have not been previously sworn, will be sworn prior to speaking.   For detailed procedures to be followed for Quasi-Judicial Proceedings, please see yellow sheet attached to this agenda.

6.      Amending the land use and zoning of a subject property, comprised of three platted lots containing four parcels and estimated to be 0.81 acres in size, generally located on the northwest corner of 30th Avenue North and Hartford Street North. (City File FLUM-14)

 

 
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(a)   Ordinance 699-L amending the Future Land Use Map designation from Residential Medium (RM) to Planned Redevelopment Mixed-Use (PR-MU).

(b)  Ordinance 728-Z rezoning the above described property from NSM-1 (Neighborhood Suburban Multifamily) to CCS-1 (Corridor Commercial Suburban), or other less intensive use.

(c)   Resolution requesting amendment to the Countywide Future Land Use Plan, as described above, to comply with the requirements of the Pinellas Planning Council and Pinellas County Board of County Commissioners.

7.      Public Hearing:  Ordinance 26-H amending Sections 20-30 (i) (7) and 20-30 (i) (12) of the St. Petersburg City Code; and providing for clarification of the process for appeals of the issuance of trespass warnings.

 

 

 
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J.        Open Forum

 

K.       Adjournment

 

Consent Agenda I


Consent Agenda A


June 21, 2012

 

NOTE:         Business items listed on the yellow Consent Agenda cost more than one-half million dollars while the blue Consent Agenda includes routine business items costing less than that amount.

(Purchasing)

1.      Maximo Park Improvements Project:

 

 
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(a)   Authorizing the Mayor or his designee to accept a Florida Fish and Wildlife Conservation Commission ("FFWCC") Grant ("Grant") from the Florida Boating Improvement Program, Boating and Waterways Section for the boat ramp improvements at Maximo Park ("Project") at a maximum reimbursement amount of $200,000; to execute a Florida Boating Improvement Program Grant Award Agreement for the Project site with the FFWCC; and to execute all other documents necessary to effectuate the Grant; and approving a supplemental appropriation in the amount of $200,000 from the increase in the unappropriated balance of the General Capital Improvement Fund (3001), resulting from these additional revenues, to the Maximo Park Improvements Project (12557).

(b)  Awarding a contract to Tampa Bay Marine, Inc. in the amount of $751,034 for the Maximo Park Improvements Project (12557); rescinding unencumbered appropriations from the following projects in the Recreation and Culture Capital Improvement Fund (3029):  $178,000 from the Kiwanis Park Improvements Project (12563), $240,000 from the Bay Beach Improvements Project (13244) and $70,000 from the Coquina Key Improvements Project (12558); and approving a supplemental appropriation in the amount of $488,000 from the unappropriated balance of the Recreation and Culture Capital Improvement Fund (3029), resulting from these rescissions, to the Maximo Park Improvements Project (12557).

(Leisure & Community Services)

2.      Approving the qualifications of Homes For Independence, Inc. ("HFI") to acquire, rehabilitate and manage single-family rental properties for households with incomes at or below 50% of the Area Median Income using Neighborhood Stabilization Program 3 ("NSP-3") funding at a not to exceed amount of $730,000; authorizing the Mayor or his designee to negotiate and provide up to five 0% interest NSP-3 loans for a total combined amount not to exceed $730,000 to HFI for properties located in the NSP-3 target areas, subject to Housing and Community Development staff review of each individual property location for compliance with all NSP-3 regulatory requirements and including a provision to forgive the loans at the end of a successful forty year affordability period; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this transaction.  [Moved to Housing Committee Reports as G-5(b)]

 

 
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Consent Agenda II


Consent Agenda B


June 21, 2012

 

NOTE:  The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion.  Council questions on these items were answered prior to the meeting.  Each Councilmember may, however, defer any item for added discussion at a later time.

(Purchasing)

1.      Renewing a blanket purchase agreement with Pinellas County Schools Food Service for the after school snack program for the Parks & Recreation Department at an estimated annual cost of $140,000.

 

 
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2.      Accepting a proposal from Sungard Public Sector, Inc., a sole source supplier, for electronic plan review software for the ICS Department at a total cost of $176,340; and authorizing a supplemental appropriation in the amount of $200,000 from the unappropriated balance of the Technology & Infrastructure Fund (5019) to the Information & Communications Services Department, Systems Development (8502557), Technology & Infrastructure Fund (5019).

 

 
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(City Development)

3.      Authorizing the Mayor or his designee to convey the unimproved City-owned parcel located at approximately 500 - 4th Street South, St. Petersburg, to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the University of South Florida St. Petersburg Campus.

 

 
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4.      Authorizing the Mayor or his designee to execute a Lease Agreement with Edward White Hospital, Inc., a Florida for profit corporation, for the use of a ±32,930 square foot parcel of City-owned property located on the south side of Booker Creek Park as an employee/park patron parking lot for a period of three (3) years. (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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5.      Authorizing the Mayor or his designee to waive the accumulated outstanding interest on the Special Assessment Liens on one (1) improved property located at 1360 - 16th Street South, St. Petersburg provided the full payment of the unpaid principal amount of $1,149.20 is paid by July 23, 2012.

 

 
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6.      Authorizing the Mayor or his designee to execute a Second Amendment to Lease Agreement with BiPlane Rides, Inc., a Florida corporation, for the use of a fifty (50) square foot area of interior retail floor space on the first floor of the Galbraith Terminal Building at Albert Whitted Airport for a period of one (1) year at a rental rate of $54.00 per month, plus utility expense at a rate of $54.00 per month, with the right to request extensions for two (2) additional one (1) year terms, subject to approval by City Council.  (Requires affirmative vote of at least six (6) members of City Council.)

 

 
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7.      Approving the plat of Marino, generally located at 1046 - 4th Street North. (City File 11-20000003)

 

 
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(Leisure & Community Services)

8.      Accepting a grant from the Coordinated Child Care of Pinellas, Inc. ("CCC") in the amount of $11,285.00 to provide overlay programs entitled Digital Audio, Digital Video, and Teen Fashion Overlay; authorizing the Mayor or his designee to execute an agreement and all other documents necessary to effectuate this transaction with CCC; and approving a supplemental appropriation of $11,285.00 from the increase in the unappropriated balance of the General Fund resulting from these additional revenues to the Parks and Recreation Department TASCO DPOTG FY12 Project.

 

 
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9.      Authorizing the Mayor or his designee to apply for and administer Florida Boating Improvement Program grants through the Florida Fish and Wildlife Conservation Commission on behalf of the City for boat ramp locations in Bay Vista Park, Crisp Park, Demens Landing, Grandview Park, Lake Maggiore Park, and Northeast Exchange Club Coffee Pot Park; and to execute all documents necessary to effectuate this transaction.

 

 
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(Public Works)

10.    Approving a resolution rescinding an unencumbered appropriation in the Water Resources Capital Projects Fund (4003) in the amount of $31,000 from the SAN Aqueous Crossing 4 St/Booker Creek FY11 Project (12950); and approving a supplemental appropriation in the amount of $31,000 from the unappropriated balance of the Water Resources Capital Projects Fund (4003), resulting from this rescission, to the SAN Pipe Replacement Dr. MLK Jr. S/S FY12 Project (13638).

 

 
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11.    Authorizing the Mayor or his designee to execute a Local Agency Program Agreement between the City of St. Petersburg, Florida ("City"), and the State of Florida Department of Transportation ("FDOT") for participation by FDOT in the design activities of the S.R. 682 (Pinellas Bayway) Trail - Phase II Project ("Project") in an amount not to exceed $290,000; authorizing a supplemental appropriation in the amount of $290,000 from the increase in the unappropriated balance of the Bicycle/Pedestrian Safety Grants CIP Fund (3004), resulting from these additional revenues, to the S.R. 682 (Pinellas Bayway) Trail - Phase II Project (13639). (FDOT Financial Project No. 424532 5 38 01)

 

 
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(Appointments)

12.    Appointing Joseph S. Colbert, currently a regular member of the Code Enforcement Board, as a Code Enforcement Special Magistrate to serve an unexpired three-year term ending December 31, 2013.

 

 
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(Miscellaneous)

13.    Approving a commitment of $5 million in the fund balance of the Economic Stability Fund to self-insure a portion of the Primary Layer of the general Property Insurance Program providing that the money committed shall not be appropriated elsewhere.  [Moved to Reports as E-6]

 

 
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14.    Authorizing the Mayor or his designee to sell a City-owned property in accordance with the requirements of the Department of Housing and Urban Development, and Section 2301(d)(2) of the Housing and Economic Recovery Act of 2008 located at 1234 - 10th Avenue South, St. Petersburg, for the sum of $65,000; and to pay appropriate closing related costs and down payment assistance in accordance with the Neighborhood Stabilization Program.

 

 
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15.    Approving a modification to the City's Police In Neighborhoods ("PIN") and A+ Teacher ("A+") programs' policies and procedures to provide that Administration shall have the authority to implement workout agreements with pin and A+ clients to amortize the balance of their loans up to and beyond the remaining term of the note at zero percent interest, and to provide proration of the loans on a daily basis during the last year of the loan if the loan becomes immediately due and payable because of cessation of required employment or relocation of the eligible borrower; and authorizing the Mayor or his designee to execute all documents necessary to effectuate this resolution.

 

 
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16.    Resolution supporting the construction of a new building at the University of South Florida St. Petersburg in St. Petersburg and urging the legislature to fund the construction of this building in this legislative session.

 

 
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End notes

 

 

 

 

 

 



Note:  An abbreviated listing of upcoming City Council meetings.

 

Pier Summit – 6:00 P.M.

Tuesday, June 12, at Enoch Davis Multi-Service Center

 

FY 2013 Budget Forum/Summit - 6:00 p.m.

Wednesday, June 13, 2012, Manhattan Casino, 642 22nd Street South

 

Budget, Finance & Taxation Committee

Thursday, June 14, 2012, 8:00 a.m., Room 100

 

Public Services & Infrastructure Committee

Thursday, June 14, 2012, 9:15 a.m., Room 100

 

Housing Services Committee

Thursday, June 14, 2012, 10:30 a.m., Room 100

 

Arts Funding Committee

Thursday, June 14, 2012, 11:00 a.m., Room 100

 

CRA/Agenda Review & Administrative Updates

Thursday, June 14, 2012, 1:30 p.m., Room 100

 

City Council Meeting

Thursday, June 14, 2012, 3:00 p.m., Council Chamber

 

Pier Summits – 6:00 P.M.

Thursday, June 14, at J. W. Cate Recreation Center

Tuesday, June 19, at Lake Vista Center

 

Co-Sponsored Events Committee

Tuesday, June 19, 2012, 9:00 a.m., Community Resource Room

 

Housing Services Committee

Tuesday, June 19, 2012, 10:00 a.m., Sunken Gardens

 

Strategic Housing Planning Follow Up

 

 

Council Workshop – Police Headquarters Facility

Thursday, June 21, 2012, 1:00 p.m., Room 100

 

Council Vacation - Weeks of June 25 and July 2, 2012


Arts Advisory Committee

1 Regular Member

(Term expires 9/30/12)

 

City Beautiful

3 Regular Members

(Terms expire 12/31/12 & 12/31/14)

 

Civil Service Board

2 Alternate Members

(Terms expire 6/30/13 and 6/30/14)

 

Community Preservation Commission

1 Regular Member

(Term expires 9/30/14)

 

Commission on Aging

2 Regular Members

(Terms expire 12/31/12 & 12/31/14)

 

Health Facilities Authority

1 Regular Member

(Term expires 12/31/13)

 

Planning & Visioning Commission

1 Regular Member

(Term expires 9/30/13)

 

Public Arts Commission

1 Regular Member

(Term expires 2/28/14)

 

 

 

End notes for Quasi (delete if unneeded)

 

End notes for Quasi (delete if unneeded)


PROCEDURES TO BE FOLLOWED FOR QUASI-JUDICIAL PROCEEDINGS:

 

1.             Anyone wishing to speak must fill out a yellow card and present the card to the Clerk.  All speakers must be sworn prior to presenting testimony.  No cards may be submitted after the close of the Public Hearing.  Each party and speaker is limited to the time limits set forth herein and may not give their time to another speaker or party.

 

2.             At any time during the proceeding, City Council members may ask questions of any speaker or party.  The time consumed by Council questions and answers to such questions shall not count against the time frames allowed herein.  Burden of proof: in all appeals, the Appellant bears the burden of proof; in variance application cases, the Applicant bears the burden of proof; in rezoning and land use cases, the Owner bears the burden of proof except in cases initiated by the City, in which event the City Administration bears the burden of proof. Waiver of Objection: at any time during this proceeding Council Members may leave the Council Chamber for short periods of time.  At such times they continue to hear testimony because the audio portion of the hearing is transmitted throughout City Hall by speakers.  If any party has an objection to a Council Member leaving the Chamber during the hearing, such objection must be made at the start of the hearing.  If an objection is not made as required herein it shall be deemed to have been waived.

 

3.             Initial Presentation.  Each party shall be allowed ten (10) minutes for their initial presentation. 

 

                a.         Presentation by City Administration.

 

                b.         Presentation by Applicant followed by the Appellant, if different. If Appellant and Applicant are different entities then each is allowed the allotted time for each part of these procedures. In connection with land use and zoning ordinances where the City is the applicant, the land owner(s) shall be given the time normally reserved for the Applicant/Appellant, unless the land owner is the Appellant.

 

c.         Presentation by Opponent.  If anyone wishes to utilize the initial presentation time provided for an Opponent, said individual shall register with the City Clerk at least one week prior to the scheduled public hearing. If there is an Appellant who is not the Applicant, then no Opponent is allowed.

 

4.             Public Hearing.  A Public Hearing will be conducted during which anyone may speak for 3 minutes.  Speakers should limit their testimony to information relevant to the ordinance or application and criteria for review.

 

5.             Cross Examination.  Each party shall be allowed five (5) minutes for cross examination.  All questions shall be addressed to the Chair and then (at the discretion of the Chair) asked either by the Chair or by the party conducting the cross examination of the appropriate witness.  One (1) representative of each party shall conduct the cross examination.  If anyone wishes to utilize the time provided for cross examination and rebuttal as an Opponent, and no one has previously registered with the Clerk, said individual shall notify the City Clerk prior to the conclusion of the Public Hearing.  If no one gives such notice, there shall be no cross examination or rebuttal by Opponent(s).  If more than one person wishes to utilize the time provided for Opponent(s), the City Council shall by motion determine who shall represent Opponent(s).

 

                a.         Cross examination by Opponents.

                b.         Cross examination by City Administration. 

                c.         Cross examination by Appellant followed by Applicant, if different.

 

6.             Rebuttal/Closing.  Each party shall have five (5) minutes to provide a closing argument or rebuttal.

                a.         Rebuttal by Opponents.  

                b.         Rebuttal by City Administration. 

                c.         Rebuttal by Appellant followed by the Applicant, if different.