01/31/1978
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Mr. Bustin stated that the statute does apply to the Downtown Deveopment
Board. Mr. Bustin then went on to explain the following nine points:
1) Government in the Sunshine Law is not limited to final, formal meet-
ings where action is taken, but applies to any meeting or gathering
where members of theBoard deal with a matter in which ~foreseeable
action is to be taken.
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2) The test that is applied is whether or not two or more members of the
Board have dealt with a problem in which foreseeable action m~y be
taken.
3) The Executive Director of the Board can meet with each member of
the Board to discuss business, provided he does not act as a conduit
by circulating the thoughts and words of m~bers. .
4) Each item you consider, need not be placed on an Agenda as a pre-
condition to Board consideration or action. Something which comes
up between the time you set your Agenda and the meeting, will not
prevent its being placed before the Board.
5) Mere attendance by two or more members of the Board at meetings of
associations or organizations will not violate the Sunshine Law, as
~Jong as no discussion may be. participated in by the Board m~bers re-
lating to any matter which they may foresee taking action on before
the Board.
6) Executive sessions or work sessions of the Board would be covered by
the Sunshine Law.
7) No distinction is made whether the Board is elective or appointive.
The statute applies regardless.
8) The Board may not even meet privately with its attorney to discuss
pending litigation.
9) Tha best policy to follow is, when in doubt, the members of the
Board should follow the open meeting policy.
Chairman Phifer asked "if the Chairman picks a Board Member to Chair a
committee and the committee Chairman has to report directly back to the
Chairman of theBoard, is that breaking the law?" Mr. Bustin replied that
any reporting back to the Chairman of the Board by a committee Chairman
other than that, the job 1s done, should be reported in the open.
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Mr. 099 asked if a meeting of the Historical Committee must be held in the
Sunshine Law. Mr. Bustin replied that when a committee is related to the
City Commission, and is considering matters which may be taken up by the
commission, then he would recommend meeting in the open.
Mr. Hammock asked what actually constitutes notice under the Sunshine Law?
Mr. Bustin replied that you should follow your by-laws to the letter.
Mr. Hammock asked about the recent discussion concerning a meeting of the
County Commissioners, in which it was held that there was no intent to vi-
olate the Sunshine Law. Mr. Bustin replied that the matter to which Mr.
Hammock referred was actually a states attorney's opinion that sufficient
evidence would not exist for a criminal act in that particular case.
Chairman Phifer welcomed Mr. Paul Hatchett, Chairman of the County Facili-
ties Committee. .Mr. Hatchett introduced Mr. Jack Wilkinson, the Director
of General Services of Pinellas County. Mr. Wilkinson reported that the
County Commission had requested a study from the Law Enforcement Assistance
Administration (LEAA), and that the LEAA report had not yet been received.
Mr. Wilkinson said that he believes the Oounty Board is going to go ahead
and discuss the matter soon. Mr. Wilkinson said that the County Board has
authorized hiring an architect for a structure adjacent to the Court House,
and that their basic need right now is to find property for an additional
500 parking spaces.
Mr. Wilkinson said the County is also budgeted for a maximum security jail
which is still uncertain as to location.
Chainman Phifer asked what would happen to the jail if the prisoners were
taken out? Mr. Wil kinson repl ied that it would probably be used for offices,
coordinating offices which have been moved to other locations, such as Largo
and the 1100 Building in Clearwater. Mr. Wilkinson said that if the jail
was moved, that only three (3) judges would be taken from Clearwater and
three (3) judges from St. Petersburg.
Chainman Phifer asked when a decision would be made. Mr. Wilkinson said it
would be hard for him to say when a decision would be made.
Chainman Phifer asked where the records and computer would be located. Mr.
Wilkinson answered that the computer would continue to be located in the
Court House Complex.
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Mr. Casella asked if the County Board is still considering the City of
Clearwater's offer to jointly fund a feasibility study for a parking structure.
Mr. Wilkinson replied that no. 'official action has been taken. Mr.
Wilkinson added that a feasibility study from the City of St. Petersburg in-
dicated that a parking garage was not feasible in St. Petersburg, and that
it appeared that if fea~ibility was lacking in St. Petersburg, it would also
be lacking in Clearwater.
Mr. Nunamaker asked if the County was considering using a bayfront community
center parking garage jointly with the city. Mr. Wilkinson replied that if
the two structures, the county's new office building and the community center
parking garage materialized at the same time, then it is possible that some
joint arrangement could be put together.
Chairman Phifer asked Mr. Tom Brown if he had anything relating to State
Road 60. He stated that he expected further meetings in the comeing week,
and he would report at a later date.
Chairman Phifer introduced Mrs. Aaron Bilgore, representing the Girls Club
of p'jnellas County. Mrs. Bilgore announced that the Girls Club is planning
a movie opening at the Carib Theater and a party atop the Bank of Clearwater
on March 18, 1978. Mrs. Bilgore said that the Girls Club hopes to sell ad-
vertising in its program and hopes to encourage downtown restaurants to re-
main open the evening of March 18.
Mrs. Bilgore said the name of the movie is "A Hero Ain't Nothing But a Sand-
wich.1I
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Chairman Phifer called upon Mr. Aaron Bilgore to report on the activities
of th~ Chamber of Commerce. Mr. Bilgore said the Chamber of Commerce is
concentrating its activities towards approval of the bayfront community cen-
ter.
Chairman Phifer stated that she would like to bring up a matter which is not
on the'Agenda. The Chairman then referred to a memorandum from Mr. Casella
to the Board of Directors in which he informed the Board "that he .
has been appointed to the Regional Capital Improvements Technical Advisory
Committee of the Tampa Bay Regional Planning Council, and he would report ..
to the Board from time to time on the activities of that committee. The
Chairman asked for an explanation of the purpose of the committee and its
membership.
Mr. Casella explained that the purpose of the committee is to help identify
local projects that serve area-wide needs and to provide for federal finan-
cial assistance for local projects. Mr. Casella said that membership of
that committee consists of representatives of local government, transporta-
tion and educational agencies and most members are staff personnel, as this
is a technical advisory committee.
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Mr. Nunamaker stated,that with $58,000,000 of federal money being funneled
into the region, it would be important to have input to the regional plan-
ning council. Mr. Casella said that he would supply the Board members with
a list of the members of the committee and that he would attend the first
committee meeting and the report to the Board whether he believes continued
participation is warranted.
Chairman Phifer suggested that the order of business be amended to mov~
consideration of adoption of goals to later in the meeting.
Mr. Casella reported that he recommends the matter of acquisition of an of-
fice copier be continued to the next monthly meeting.
Mr. Casella made a recommendation that the Board approve the parking amend-
ment to allow a Farmers Market, and to approve the rules for a Farmers
Market Committee. Chairman Phifer stated that the memorandum concerning
the Farmers Market should be amended to state that the Downtown Development
Board should endorse a Farmers Market, but administration and supervision
should be by the Farmers Market Committee of the Downtown Clearwater'Asso-
ciation.
Discussion followed, in whi~h Mr. Casella pointed out that the suggested
rules, as amended on January.20, 1978, include the provision that you must
grow or make what you sell.
Following discussion, Mr. Warren made a.motion that the Board approve the
amendment to the parking agreement as submitted and the amended rules for
operation of the Farmers Market with the stipulation that the Director be
authorized to enter into an operational agreement with the Downtown Clear-
water Association, and that the Farmers Market be held in accordance with
the rules.
Mr. Bilgore seconded the motion. A vote was taken and the motion passed.
Mr. Casella recommended that the Board establish a policy concerning tax
increment financing and consider passing a resolution. Mr. Hammock made
a motion that the Board approve a resolution that requests the Constitu-
tional Revision Commission to amend the Florida State Constitution to per-
mit Florida communities to use tax increment and tax abatement financing for
urban redevelopment purposes. Mr. Warren seconded the motion. A vote was
taken and the motion passed.
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Mrs. Phifer stated that she and Mr. Bilgore intend to go to the
Chamber of Commerce Executive meeting on Tuesday, to urge the Chamber
to join hands in promoting the Civic Center. Mr. Bilgore suggested
that it would be important to register voters whq lived downtown.
Mr. Hammock said that he agrees with everything that has been said and
believes that we have got to get behind the Center. Mr. Hammock said
that maybe as a Board, we could not do too much, but individually we
could try to sell the concept of the':Civic Center. Mr. Hammock said the
problem is to get the people to go out and vote.
Mrs. Phifer said that renderings should be placed in churches, banks,
and residential buildings. Mr. Nunamaker suggested that each Board
member distribute picture postcards to encourage people to support the
community center. Mr. Nun.amaker said there is a need to get information
out to people and to utilize a Speakers Bureau. Mr. Bilgore made a
motion that the Board appropriate $300 to provide, brochures to convince
people to support the bayfront community center, and to obtain legal
counsel concerning the leagality of that act. Mr. Hammock seconded the
motion. A vote was taken and the motion passed. Mr. Bilgore made another
motion that an additional $300 dollars be appropriated to demonstrate
the beauty of the Community Center through posters pending on opin-
ion from the attorney that the Board may do it.
The motion was seconded by Mr. Warren. A vote was taken and the motion
passed.
Mr. Nunamaker suggested that the goals be prioritized and considered at
the next work session. Mr. Warren made a motion to adopt the goals with
priority and time frame to be looked at further. There being no second,
no action was taken on the motion and there was a consensus that the goals
would be considered further at the next session.
Chairman Phifer asked for nominations for Chainman and Vice-Chainman.
Mr. Btlgore nominated Mr. Hammock for Chairman. A vote was taken and
Mr. Hammock was elected. Mr. Warren nominated Mr. 8ilgore for Vice-
Chairman. A vote was taken and Mr. Bilgore was elected.
Meeting ajourned at 6:28 p.m.
Respectfully submitted,
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Sam Casella, Executive Director
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