04/08/1996 (2)CITY COMMISSION SPECIAL. WORKSESSION
CITY OF CLEARWATER
April 8, 1996
Present; Rita Garvey Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Robert Clark Commissioner
Ed Hooper Commissioner
Karen Seel Commissioner
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
The meeting was called to order in the Commission Chambers at 2:10 p.m.
This item was taken out of order. Bill Baker, Assistant City Manager indicated staff
needs direction regarding whether the Commission members want private offices.
Consensus of the Commission was private offices were not needed and a single office,
separate from the Mayor's, with a file room, would be sufficient.
..; In response to questions regarding the Commission Chambers, Mr. Baker indicated
the desire. is to carpet the Chambers, put blinds on the windows and install lighting and
monitors. He stated beyond that there is no funding for additional improvements.
Questions were raised regarding chairs, Mr. Baker indicated the proposal will be to
install linkable chairs for the audience. A question was raised regarding new chairs for the
dies. Mr. Baker indicated the budget for the Municipal Services Complex includes
$600,000 for City Hall renovations. It was suggested staff come back with estimates for
different options for renovating existing City Hall.
The City Manager indicated staff wishes to do something about the Chambers, such
as replacing the chairs, getting a larger worksession table, etc. She stated they will be
looking for flexibility in the Chambers.
In response to a question, the City Manager indicated there is no need to attempt to
use the second floor atrium space at this time.
A question was raised regarding the $100,000 for the stair tower. The City
Manager indicated this is the number one priority as the building is currently in violation of
the fire code due to the need for another exit from the assembly room. In response to a
question, Mr. Baker indicated this will be an enclosed staircase,
mwssp04a.96 1 04/08/96
Commissioner Seel questioned the lifecycle of the building and the wisdom of
investing half a million dollars in it. Mr. Baker indicated the Municipal Services Building is
situated in such a way that it is expandable to the east of the building. He indicated the
current City Hall has 15,000 to 20,000 square feet.
Commissioner Clark agreed with Commissioner Seel's concern regarding making
sure the investment in this building will be worthwhile. Mr. Baker indicated he will bring a
report forward at the time he brings forward the estimates for the various options for the
renovations.
In response to a question, it was indicated some of the renovations may be able to
be funded through Penny for Pinellas.
The Commissioner Rules, as they currently exist with staff recommended options,
have been distributed to the Commission and are attached to these minutes as Exhibit A.
Rule #1
The Commission agreed with staff's recommendations to make a separate rile
regarding what is a quorum, to delete the next to last sentence, as it is also contained in
existing rule 10, and to make the last sentence, regarding the Chair declaring the votes, as
part of rule 13.
Rule #2
The Commission agreed with the recommended changes to delete the first
sentence, regarding minutes production, as that responsibility is assigned to the City Clerk
by the Charter, and to change the second sentence to read, Copies of the Minutes of
Regular Meetings shall be furnished when possible at least seven days prior to the next
meeting.
Rule #3
The Commission agreed with the recommendation to make the first sentence part of
rule 13. They also agreed with the recommendation to make the last sentence part of rule
1.
Discussion ensued regarding an option to allow the Chair to second a motion.
Concerns were expressed the Chair should remain impartial, however, the Mayor is a
voting member of the Commission. Suggestions were made the Chair be allowed to hand
over the gavel in order to second a motion.
Questions were raised regarding Roberts Rules of Order. It was indicated this issue
is not addressed. It was requested how other cities handle this issue be researched.
mwssp04a.96 2, 04/08196
Rule #4
The Commission agreed with the recommendation to delete this rule as providing
ordinances is a normal part of the City Clark's responsibility.
Rule #5 - subsection 1
Consensus of the Commission was not to change the regular meeting times of the
Commission. It was stated special meetings for controversial, quasi - judicial hearings,
could be scheduled as needed. Consensus was to maintain having a specific time in which
the Commission does not meet but whether to meet the last part of December or the first
part of January would be determined at the time the annual calendar is being created.
Consensus was to delete the last sentence as the Charter already provides for 24 hour
notice of special meetings.
Rule #5 - subsection 2
Discussion ensued regarding whether public input should be allowed at
worksessions. The majority agreed public input would not be allowed. Regarding the
suggestion that only items on the worksession agenda be discussed at that worksession,
and that additional items be brought up and agendaed for subsequent meetings, it was
agreed items being requested to be added to a subsequent agenda, could be done during
the worksession and not have to be held to the end of the worksession.
Rule #5 - subsection 3
Consensus was to delete the last sentence regarding the minutes being taken and
distributed by the City Clerk.
Rule #5 - subsection 4
Consensus was to delete this subsection of Rule 5.
Rule #5 subsection 5
Discussion ensued regarding the need to have some mention of the possibility of
community meetings or TV meetings. Consensus was to have the rules state that town
meetings will be scheduled as requested by the Commission.
Rule #6
Consensus was to delete this rule regarding Advisory Boards as most of these
functions are covered by code.
Rule #7
Consensus was to delete this rule as conflicts of interest are covered by state•law.
mwssp04a.96 3 04/08/96
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Rule #8
Consensus was to end this rule after the words, "or their substitutes" and to delete
the remainder of the rule.
Rule #9
Consensus was to delete this rule as removal of out of order citizens is self evident.
Rule #10
Consensus was to agree with the recommendations regarding deleting the word
"night" and adding "invocation and pledge" prior to special recognition's in the order of
business.
Rule #10, subsection 1, subparagraph c
Discussion ensued regarding whether people speaking under Citizens to be Heard
regarding Items not on the Agenda, should be registered. Consensus was to have this rule
read; Citizens to be Heard regarding Items not on the Agenda, each speaker will be asked
to give their name and address and to limit their comments to a maximum of three minutes.
Rule #10, subsection 1, paragraph f
This is to be deleted per previous Commission direction to only have one Citizens to
be Heard segment on the agenda.
Rule #10, subparagraph 2
The entire subparagraph 2 is to be deleted as there are no longer regular daytime
meetings.
The City Clerk questioned whether the Commission wished to have all people
speaking under Public Hearings sworn in as this was not actually in the rules. The City
Attorney indicated it would be a good practice to continue for the quasi-judicial hearings.
Consensus was to have people sworn in only for the quasi-judicial hearings.
Rule #11
The Commission agreed with staff's suggestion to separate the rule regarding
reconsideration from the rule regarding rescinding action.
Rule # 12 - subsection c
Consensus was to have a rule requiring a super majority vote to change any of the
rules.
mwssp04a.96 4 04/08/96
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. Rule #14
The Mayor questioned Rule #14 and there needing to be a motion to adjourn. The
City Attorney explained it did not require a motion to adjourn but if a motion to adjourn is
made, it is not debatable. Consensus was to leave this rule in place.
Rule #15
Consensus was to delete the 10 minute time limit on breaks taken during meetings.
Rule #16
Consensus was to delete materials being provided in the City Clerk Department from
the rules but to make it a part of Commission policies.
Rule #17
It was agreed this also would be deleted and made part of the policies, however,
when it is made part of the policies, there will be a provision to allow faxing of material and
less frequent actual delivery of mail.
Discussion ensued regarding the suggestion that the requirement copies be made of
everything for all Commissioners be deleted.
iS Concerns were expressed regarding who determines who gets what. Denise
Wilson, Assistant to the City Managor Office, indicated the mail is reviewed by staff and
they determine if information would be wanted by all Commissioners or if it should be listed
on a Real File so other Commissioners know it exists. She stated things that go on the
Read File are such things as invitations, publications, etc.
She also explained if an original is addressed to all Commission members, the
original article is kept in the Manager's Office file and copies are sent to the individual
Commissioners. It was suggested this be tried for a month and then the Commission
discuss this again.
Concerns were expressed regarding receiving all the mail that is necessary. A
question was raised regarding daily delivery of mail. The City Manager indicated if the mail
is faxed to the Commissioners, there would not be an actual delivery of the mail. It may
not be only once a week, it would depend on the volume and the importance of the mail
coming in.
Further discussion ensued and it was indicated when a response is sent to multiple
parties, rather than copy each and every letter, one letter will be copied with a list of the
individuals to whom it was sent. A request was made that when responses are being
copied to the Commission, the original letter or contact be copied to the Commission so
they fully understand the response.
mwssp04a.96 5 04/08/96
.. Consensus was to only have one information file in the City Clerk Department rather
than two. It was also agreed when this is placed in the policy book, subparagraph g,
regarding copies being distributed to the Commission, would be deleted.
Rule #19
The Mayor indicated she objected to having to notify the Vice-Mayor of her
-absences. She felt notification to the City Manager was sufficient. Consensus was to
delete this rule.
Rule #20
Discussion ensued regarding the need to define what constitutes an absence. The
City Attorney indicated that it is only important when and if a problem comes up.
Consensus was to leave this rule in place.
Rule #21
In response to a question, it was indicated this rule regarding absences of the
Commission was formulated when the Commission was meeting more often. Consensus
was to delete this rule.
Rule #22
.. Consensus was to delete the requirement for a strategic planning session with
financial forecasting from the rules and make it a policy.
The City Clerk requested direction regarding the annual reports and the proposed
meetings with advisory boards.
Discussion ensued regarding the need for the half hour sessions with the advisory
boards. Concern was expressed regarding whether or not the Budget Advisory Committee
would continue.
Consensus was to continue with the annual reports given at the beginning of
Thursday night meetings. Whether or not to continue the Budget Advisory Committee
would be scheduled for discussion at the worksession of April 15th. Further direction i
regarding meetings with additional boards would be provided sometime after that.
The Commission began review of their policy book. The policies as they currently
exist with recommended amendments were distributed to the Commission. Copies of the
policies discussed at this meeting are attached to these minutes as Exhibit B.
mwssp04a.96 6 04108/96
Policy BD-1
Consensus was to delete the second paragraph regarding the Environmental
Advisory Committee as it is now a permanent board.
Policy BD-2
A question was raised regarding if someone was willing to pay to have more than
one guest at the annual Advisory Board dinner would that be allowed. It was indicated this
would not be possible as it is too hard to handle administratively.
Policy BD-3
Decisions regarding the Budget Advisory Committee will be made after discussion of
the BAC at the worksession on April 15th.
Policy BD-4
Consensus was to delete this policy as the code now addresses advisory board
vacancies.
Policy BD-5
Consensus was to delete this policy as staff attendance at non-governmental board
meetings is within the City Manager's authority.
Policy BD-6
Discussion ensued regarding whether term limits should be established for city
representatives on non-city boards. The City Clerk explained this had been discussed
numerous times with no decision having been made. Consensus was to rewrite this policy
to limit city representatives on non-city boards to no more than three consecutive terms.
No changes were made to policies, BD-7 through 12 and BG-1.
Policy BG-2
Consensus was to delete this policy as there are times when advertising not planned
for during the budget process is necessary or desired.
Policy BG-3
Consensus was to delete this as a Commission policy as this falls within the City
Manager authority.
mwssp04a.96 7 04/08/96
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Policy BG-4
In response to a question, the City Manager indicated the current General f=und
unappropriated retained earnings is at 14%. This policy will be discussed in more detall
during the budget process.
Policy BG-5
The Mayor questioned the need for this policy. The City Manager indicated there is
a series of policies that are needed for the budget process.
No changes were made to BG-6.
Policy BG-7
Consensus was to delete this policy as non-resident fees are now set by resolution
or ordinance.
Policy BG-8
Staff recommended this policy regarding road and drain millage be deleted as it is
handled through the budget process. Also, there is no longer a designated millage for
drainage due to the stormwater utility.
Concerns were expressed the Commission wished to maintain a policy of redoing
10% of the roads per year. Consensus was to rewrite the policy to indicate there would be
an attempt to maintain a 10 year cycle for resurfacing roads.
Policy BG-9
Consensus was to delete this policy as attempting to recover total costs for permits
sets these fees too high for citizens.
Policy BG-10
It was requested that "per the agreement" for the millage for PACT be added to the
policy.
No changes were made to BG-11. BG12 & 13 were not discussed.
No changes were made to BG-14.
Policy BG-15
Staff recommends the policy regarding the self insurance program be deleted as that
fund is adequately funded. In response to a question, the City Manager indicated there is
close to $4.5 million in the fund.
mwssp04a.96 8 04108!96
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Discussion ensued regarding the amount of funds that have been borrowed against
this source. The City Manager indicated she did not know the percentage allowed to be
loaned, however, the City does have to make sure there is cash to cover the liabilities.
In response to a question, the City Manager indicated the original purpose had been
to establish a self health insurance plan. Since that time the accounting has changed and
self medical insurance is not being pursued.
Consensus was to delete.
Policy BG-16
Staff recommended deletion of the policy regarding financial support to social
service agencies as this is now handled annually through the social service grant program.
The Mayor requested there be a policy there will be financial support through the
budget. Commissioner Clark requested that acroymns such as CDBG not be used.
a) continued existence, structure & staffing
b) CRA Plan
ITEM-#6 -_Str-tegic Planningtimeframes
Items #a & 6 were not discussed.
The meeting adjourned at 4:02 p.m.
mwssp04a.96 9 04/08/96
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141.161
COMMISSION RULES o-? 15
RULE 1 Issues/Options
(rev. 12-2-93)
A quorum for the transaction of business
by the City Commission shall consist of
three (3) Commissioners. The Mayor-
Commissioner shall be the presiding
officer of the City Commission, and shall
be referred to as the "Chair" when
sitting in that capacity. In case of the
absence of the Mayor-Commissioner, the
Vice Mayor shall assume those
responsibilities, and if both are absent,
the senior Commissioner in years of
service shall preside. The Chair shall
preserve order. The Chair may call to
order any member of the Commission
who shall violate any of the rules; and
shall decide all questions of order,
subject to a majority vote on a motion to
appeal. The Chair shall recognize all
Commissioners who seek the floor under
correct procedure. Normally, members
of the public shall be allowed to speak,
but they shall be limited to three (3)
minutes speaking time per issue. All
questions shall be stated and put by the
Chair, and the Chair shall declare all
votes.
1. Make a separate rule for quorum. (1 st
sentence)
2. Delete next to the last sentence as it
is also contained in Rule 10.
3. Make last sentence part of Rule 13.
RULE 2
(rev. 7-1-93)
The City Clerk shall make correct
minutes of the proceedings of each
Commission meeting, and shall furnish
copies of the minutes of each meeting to
the Mayor-Commissioner and to each
Commissioner. Copies of the minutes of
a regular daytime meeting shall be
furnished at least seven days, when
possible, prior to the next regular
daytime meeting, and copies of the
minutes of a regular night meeting shall
be furnished at least seven days, when
Issues/Options
1. Delete 1 st sentence as minutes
production is a responsibility assigned to
the City Clerk by the Charter.
2. Change 2nd sentence to read:
"Copies of the minutes of regular
meetings shall be furnished, when
possible, at least seven days prior to the
next meeting.
1
revisod 1-22-96
possible, in advance of the next regular
night meeting. Such minutes shall stand
confirmed at the regular meeting of the
Commission without the reading thereof
in open meeting unless some inaccuracy
or error be pointed out by some member
of the Commission present, and in such
event, an appropriate correction shall be
made. Upon request, the City Manager
will cause the City Clerk to provide any
Commissioner with transcribed excerpts
of tapes of City Commission meetings.
RULE 3
(rev. 12-2-93)
All motions shall be made and seconded
before debate. The Chair shall not make
or second a motion.
RULE 4
A copy of each ordinance when passed
shall be furnished by the City Clerk to
the heads of all City departments
concerned.
RULE 5
(rev. 2-20-86; 5-1-86; 1-7-93;
7-1-93; 12-2-93; 8-15-94; 3-16-95)
Ij
(1) The City Commission shall meet on
the first and third Thursdays of each
month at 6:00 p.m. in its chamber.
However, in July, the City Commission
shall hold one regular night meeting on
the third Thursday and one regular
daytime meeting on the Monday before
the third Thursday of the month. In
December, the City Commission shall
hold one regular night meeting on the
first Thursday and one regular daytime
meeting on the Monday before the first
Thursday of the month. Special
meetings may be held on call of the
Mules
Issues/Options
1. Delete 1 st sentence or make it part of
Rule 13.
2. Make last sentence part of Rule 1.
3. Allow Chair to second a motion.
Issues/Options
1- Delete as this is a normal part of the
City Clerk's responsibility.
Issues/Options
(1) 1. Possible change to meeting times.
a. Earlier start time with public
hearings being-after 5:00 p.m.
b. Once a week meetings vs.
twice every two weeks.
2. Maintain specific time in which
the City Commission does not meet
or change to allow for City
Commission to determine when to
have a break in meetings if needed.
3. If maintain specific time
determine at the time annual
calendar is being created whether to
not meet last part of December or
2 rovised 1-22-96
Mayor-Commissioner, City Manager or
any two of the members and upon no
less than 24 hours notice to the public
and to the members of the City
Commission.
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(2) Except as may be rescheduled from
time to time when necessary due to
conflict, a work session shall be held at
9:00 a.m. on the first working day of .
the Commission meeting week. Work
sessions are primarily designed for
information gathering and guidance, and
no formal Commission decision
approving or disapproving an agenda
item or. items scheduled for public
hearing may be made.
(3) Except for items advertised for public
hearing, items may be removed from the
agenda. Additional items may be added
upon not less than 72 hours notice by a
Commissioner to the City Manager;
provided, that emergency items may be
added to the agenda by the City
Manager or City Attorney without prior
notice. The agenda may be reordered.
Minutes shall be taken and distributed by
the City Clerk.
(4) A regular night meeting or special
night meeting shall conclude at
approximately midnight, unless the time
is extended by a majority vote of the
members of the Commission in
attendance. The Chair shall adjourn the
meeting upon the conclusion of the item
of business which is under discussion at
the time for adjournment unless the time
for adjournment is extended. With the
majority vote'of the members of the
Commission in attendance, the meeting
may be extended for such time as is
Mules
first part of January.
4. Delete last sentence as it is a
Charter provision.
(2) 1. If go to once per week meetings
no longer have Worksession and
delete this rule.
2. Determine whether or not public
input will be allowed at
Worksessions.
3. Provide that only items on the
Worksession agenda will be
discussed at the Worksession items
not on the agenda may be brought
up by the Commission or Staff at the
end of the Worksession asking they
be scheduled for subsequent
Worksessions and/or meetings.
(3) 1. Delete last sentence.
(4) 1. Delete "night meeting or special
night" from 1 st sentence.
2. Establish ending time for day time
meetings.
3. Consider establishing maximum
meeting lengths rather than set
times.
3 revised 1-22-96
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necessary to discuss and act upon any
of the remaining items of business on
the agenda as the members may agree.
Uncompleted agenda items shall be
automatically postponed .to the next
regular meeting and included on the
appropriate agenda unless such items
are placed upon the agenda of a later
regular meeting or a special meeting, as
a majority of the members in attendance
may agree. Notwithstanding the
foregoing, the setting of meeting dates,
the scheduling of uncompleted agenda
items for a regular or special meeting,
and a motion to adjourn shall be in order
regardless of the time of night.
(5) Four (4) "town" meetings shall be
scheduled during the year, excluding
June, July, August and December. They
will be scheduled at City-owned facilities
throughout the corporate limits when
possible.
RULE 6 Issues/Options
The City Commission shall appoint all 1. Delete or make part of policies.
committees and advisory boards in
accordance with the provisions of the
administrative code. The City Clerk shall
furnish each committee or advisory
board with copies of all resolutions or
ordinances relating to the concerns of
said committee or advisory board, which
shall be delivered by the most
economical method to the chairman of
such committee or advisory board within
four (4) days after the passage of the
same, or as soon thereafter as possible.
RULE 7 Issues/Options
(rev. 6-20-85; 12-2-93; 1-31-94)
No Commissioner shall vote in his or her 1. Delete as this is covered by State
official capacity on a matter in which law.
Mulae
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revised 1-22-96
4
that Commissioner has a direct or
indirect personal or financial interest, or
which inures to his or her. special private
gain, or to the special gain of any
principal by whom the Commissioner is
employed or otherwise retained. The
Commissioner shall state at the public
meeting the nature of his or her interest
and within fifteen (15) days after the..
Commission meeting file with the City
Clerk a Form 4 to describe the nature of
his or her interest in the matter. The
Form 4 shall be received by the City
Clerk and incorporated into the minutes
of the meeting. A Commissioner shall
abstain from voting on an item
benefiting a specific agency if that
member serves on the board of the
agency, except when the Commissioner
has been appointed by the City
Commission to serve on the board as a
representative of the City.
RULE S
The City officials whose regular
attendance shall be required during the
sittings of the Commission shall be the
City Clerk, City Manager and City
Attorney or their substitutes; but all or
any other officers of the City shall be
bound to attend any meetings upon
direction of the City Manager or by
special request of any Commissioner to
the City Manager.
RULE 9
No citizen, except those determined to
be out of order and subject to removal
by the Chief of Police, shall be excluded
from any meeting of the Commission
whether it be regularly scheduled or
specially called.
ccruies
2. If do not delete entire rule, delete last
sentence as it is inconsistent with state
law.
Issues/Options
1. End rule after "or their substitutes."
Issues/Options
1. Delete, self evident.
5
revised 1-22-96
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RULE 10
(rev. 2-20-86: 12-1-88; 12-17-92;
7-1-93; 12-2-93; 1-3-94; 9-15-94)
(1) The order of business for a regular
night meeting shall ordinarily be:
A. Special recognitions and awards.
B. Minutes of previous meetings.
C. Citizens to be heard regarding items
not on agenda. (Limited to 10
speakers, each speaker being allowed a
maximum of 3 minutes. Speakers will
be required to register with the City
Clerk prior to the start of the meeting.
The City Commission may allow
individuals not pre-registered with the
City Clerk to speak if less than 10
individuals are pre-registered, and no
more than 30 minutes have transpired.
Such individuals will be limited to a
maximum of 3 minutes each.
Speakers will be called in the order in
which they registered with the City
Clerk.)
D. Public hearings (not before 6:00
P.M.)
Legislative and administrative matters:
1. Presentation of issues by City
staff.
2. Statement of case by applicant or
representative (5 minutes).
3. Commission questions.
4. Comments in support and
comments in opposition, whether as
an individual or as a spokesperson for
a group (3 minutes).
5. Commission questions.
6. Final rebuttal by applicant or
representative (5 minutes).
7. Commission motion to determine
disposition.
CiCruioa
Issues/Options
(1) 1. Delete "night"
2. Add Invocation and Pledge prior
to Special recognitions and awards.
3. Delete all but 3 minutes per
speakers after 1st sentence in C.
4. Time of public hearings in D may
change if meeting start time
changes.
6
revised 1-22-96
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Variance applications:
1. Staff states its recommendation
and briefly summarizes its reasons
for,the recommendation (2 minutes).
2. Applicant presents case, including
its testimony and exhibits. Witness
may be cross-examined (15 minutes).
3. Staff presents further evidence.
May be cross-examined 10 minutes).
4. Public comment (3 minutes per
speaker).
5. City Commission discussion, and
may question any witness.
6. Applicant may call witnesses in
rebuttal (5 minutes).
7. Conclusion by applicant (3
minutes).
8. Decision.
All time limits may be extended upon
request, and upon approval of request
by majority of City Commission.
E. Special items of widespread public
interest.
F. Citizens to be heard regarding items
not on agenda (3 minutes per speaker).
G. City Manager reports.
H. City Attorney reports.
1. Commission Discussion Items.
J. Other Commission action.
(2) The order of business for a
regular daytime meeting shall
ordinarily be:
A. Special recognitions and awards.
B. Minutes of previous meetings.
C. Presentations (no more than one,
ccrulos 7
5. Change title of variances
applications in D to quasi-judicial
hearings.
6. Consider setting special meetings
for quasi-judicial hearings.
r
7. Delete F.
(2) 1. Delete all of (2).
revised 1-22.96
or a total of 34 minutes for all
presentations, except as the
Commission may otherwise agree).
D: Citizens to be heard regarding
items not on agenda (3 minutes per
speaker).
I.
j E. City Manager reports.
F.. City Attorney reports.
G. Commission Discussion Items.
H. Other Commission action.
(3) Persons speaking before the City
Commission at times other than
public hearings shall be limited to
three minutes per speaker. No
person shall speak more than once on
the same subject at the same
meeting unless granted permission by
the City Commission. When time
limits are set for speakers, unused
time cannot be passed from one
speaker to another.
RULE 11 Issues/Options
(rev. 12-2-93)
;. Any member of the Commission who 1. Separate reconsideration from
voted with the prevailing side may move rescinding.
a reconsideration' of any action of the
whole Commission provided that the
motion be made at the same meeting at
which the action was taken. A motion
to reconsider shall, be in order at any
time (during the meeting at which the
action was taken) except when a motion
on some other subject is pending: No
motion to reconsider shall be made more
than once on any subject or matter at
the same meeting. Commission action
may be rescinded by a majority vote.
The motion may be made by any
Mufos
8
misod 1-22-96
Commissioner.
RULE 12
(rev. 12-2-93; 8-15-94; 10-5-95)
(A) The City Manager, City Attorney', or
any Commissioner may agenda an item.
Any citizen may request a Commissioner
to agenda an item, even though staff
has assured petitioner that adverse
action may result. The Chair cannot
depart from the prescribed agenda but
the Commission may do so by a majority
vote or by consensus in response to a
suggestion from the Chair. Continuance
may be granted by a majority vote of the
Commission upon the motion of any
Commissioner. The public will be
allowed to speak on an item to be
continued if that item is an advertised
public hearing, but no other action shall
be taken.
(B) Any expenditure of funds requiring
commission action must be on the
agenda, with appropriate support
material. No'.action may be taken on
expenditures not on the agenda unless
the Commission determines by the
affirmative vote of a majority plus one to
permit action to be taken.
(C) Not withstanding, any other Rule to
the contrary, section (B) of Rule 12 may
be waived or changed only upon the
affirmative vote of a majority plus one.
RULE 13
(rev. 12-2-93)
Any member of the Commission making
a motion or second shall address the
Chairman and await recognition before
speaking. The Chair must recognize any
person who seeks the floor while
entitled to it. The person making the
ccrules
9
Issues/Options
Issues/Options
revised 1-22-96
motion is entitled to the floor first for
'' ? r debate... No one is entitled to the floor a
second time on the same motion as long
as any other member who has not
spoken on the issue desires the floor.
When a motion is made and seconded, it
shall be stated by the Chairman 'before
any debate shall be in order. Upon
presentation of agenda items, members
may ask questions and request
additional information prior to making
motions. For a member to discuss a
matter while no motion is pending .
requires permission from the
Commission. Motions and any
amendments can be withdrawn or
modified by.the maker at any time prior
to the Chair' stating the question on the
motion; after that time, the permission
of the Commission majority must be
obtained. The Chair cannot close debate
as long as any member who has not'
exhausted his right to debate desires the
floor. A tie vote shall constitute a
continuance of the item to the next
regularly scheduled meeting, but upon a
tie vote on the same item at the next
meeting, the itern shall not be
rescheduled except upon the request of
the City Manager, the City Attorney, or
a Commissioner.
RULE 14
(rev. 12-2-93)
The following motions are not debatable:
To adjourn;
To lay on the table;
To take from the table.
,®
ccrulos" 10 rov[sod 1-22-96
F ,
RULE 15
(rev. 12-2-93)
Issues/Options
The Commission shall, at the direction of 1. Delete time limitations of ten minutes.
the Chair, take a ten minute break
approximately every two hours, and may
recess for meals, if the members of the
City Commission agree by their vote.
Any Commissioner may make a motion
for a recess for an appropriate reason.
RULE 16
(rev. 6-20-85; 12-2-93)
All material prepared by the City
Manager and the City Attorney for the
Commission shall be provided to the
press and to the public via a special box
in the City Clerk's Department. Reports
shall be made available in the Clerk's
Department for the public to review.
RULE 17
(rev. 6-20-85; 5-1-86; 4-20-89; 12-2-93)
Issues/Options
1. Delete from rules and make part of
policies.
Issues/Options
All mail to the Mayor-Commissioner and . 1. Delete from rules and make part of
the Commissioners arriving at City Hall policies.
received pursuant to the law or in 2. When made part of policies allow for
connection with the transaction of faxing of material and less frequent
official business by the City of actual delivery of mail.
Clearwater shall be copied as follows: 3. Delete requirement that copies of
everything be made for all
A. Each Commission member will Commissioners.
receive the original of items 4. Delete citizens' & press files - retitle
addressed to them whether to one public information file.
anonymous or not. Copies of
everything will be made for all i
Commissioners, the City Clerk's
Department, the Legal Department,
the citizens' file, and the press file.
Mail will be delivered each working
day.
B. Other anonymous. letters and
suggestions will not be distributed.
CCrulos rovised 1-22-96 t
1
C. Publications and lengthy agenda,
materials for other boards upon
which the Commissioners serve will
not be copied. Only the agendas will
be'circulated. Items of considerable
length (such as petitions) will not be
copied, but instead a memo will be
distributed announcing the availability
of the item in the office.
D. Mail with the words similar to
"Personal", "Confidential", or "For
the Addressee Only" will be delivered
unopened to the addressee.
F. The Mayor-Commissioner and
Commissioners receiving individually
addressed mail will be responsible for
replying, asking the City Manager or
City Attorney to reply, or placing the
matter on the agenda for formal
Commission consideration.
F: The City Manager will be
,responsible for seeing that mail
addressed to the Commission as a
whole is properly answered or placed
on the agenda.
G. Copies of responses shall be
distributed to the City Commission.
H. The City Manager will discuss
with the Mayor malicious mail.
I. When a Commissioner serves on a
board as the City Commission's
representative, that Commissioner
shall keep the City Commission and
the City Manager informed of the
board's activities by providing
periodic written or oral reports as the
Commissioner deems appropriate.
ccrules
'A C
5. Based on direction for above - delete
G7
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revised 1-22-96
:¦
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RULE 18 Issues/Options
(new 12-2-93)
Except as provided herein, or as may be
required by Florida law or the City
Charter, the rules of the City
Commission for the conduct of its
business shall be as provided in the most
recent edition of Robert's Rules of
Order.
RULE 19 Issues/Options
(new 4-21-94)
Whenever the Mayor-Commissioner will 1. Add City Manager to notification, !
r
be out of town on a trip requiring an
overnight stay for one or more nights,
the Mayor-Commissioner shall provide
notice to the Vice-Mayor.
Rule 20 Issues/Options
(new 2-2-95)
Pursuant to Charter section 2.05, "the
vice-mayor shall act as mayor-
commissioner during the absence or
inability of the mayor-commissioner to
perform the duties of the office of the
mayor." For the purpose of that section,
the mayor-commissioner shall be
considered absent if there are duties of
the office which must be performed and
the mayor-commissioner is not present
and able to perform them.
Rule 21 Issues/Options
(new 2-2-95)
Pursuant to Charter section 2.07(b)1, a
commission member shall forfeit office
under certain conditions, one of which is
failure to attend a specified number of
"consecutive regular meetings of the
commission, unless such absence is
excused by the commission." An
absence shall be considered excused
Mules
13
revised 1.22-$6
CCruEes revised 1-22-96
XT 1l AA
: COMMISSION RULES
RESOLUTIONS .
Resolution No. Date Adopted
.' 77-44 : . 5-12-77
< . 77-129 "11-23-77
78-65
6-01-78
?.- .. 80-62 5-15-80
' 80-101 9-19-80
8,0-118 11-06-80
81-32 4-16-81
' 81-92 8-Ofi-81
82-33 .4-01-82
4-15-82
° 82-115 - .12-16-82 '
?.
. •82-1 19 • 12-16-82
..' . ' 83-42 4-07-83
83-75
7-07-83
85-47 .6-20-85
.86-18
2-20-86
86-30 5-01-86
88-61 12-01-88
89-21 4-20-89
.92-79 12-17-92
93-04 1-07-93
93-44 7-01-93
93-45 7-01-93
93-75 12-02-93
94-8 1-03-94 ;
94-16 1-31-94
94-31 4-21-94
94-67 8-15-94
94-74. 9-15-94
95-16 2-02-95
95-35 3-16-95
' 95-77 10-05-95
96-11 1-18-96
Mules 15
revised 1-22-96
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CLEARWATER•CITY COMMISSION ?-?ao. glzl
Ai -
Policy Statement
General Topic Subject: Date Adopted: 1116190
Boards/Committees Ad Hoc Committees `Amended: 3119192
" Amends:.. Rescinds: Reference:
2113184 Work Session
4114/87 Policy Book Work Session
Statement:'
Task Forces, as well as, the Charter Review and Budget Advisory Committees are
Ad Hoc Committees. Therefore, members of those committees may?also serve on
another City Advisory Board,
Until such time the City Commission determines to make the Environmental
Advisory Committee a permanent advisory board, it shall be treated as an ad
hoc committee in regard to members being able to serve on other advisory
boards.
Recommendation: Delete 2nd paragraph as Ord. #5653-94 established the
Environmental Advisory Board as a permanent board.
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1
CLEARWATER,CITY COMMISSION No,
Policy Statement
General Topic Subject: Date Adopted: 1116190
Boards/Committees Advisory Board Dinner
Amends: Rescinds: Reference:
2127184 Work Session
4114187 Policy. Book Work Session
Statement:
t' Each recipient'of an invit ation to the-Annual Advisory Board dinner may bring
one. guest. In those cases where two members of the same household.serve on
advisory.boards, only one invitation shall be sent to that address. 'Board i
members should attend at l east one meeting prior to.being invited to the
annual dinner
.
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CLEARWATER CITY COMMISSION No. Bb-3
Policy Statement
General Topic Subject: Date Adopted: 1/16/90
Boards/ Committees Budget Advisory Committee Terms
G3
1
Amends: Rescinds: Reference:.:
2/27/84 Work Session
4/14/87 Policy Book Work Session
Statement:
Members' terms expire with the term of the Commissioner by whom they were
appointed'.
i-
Recommendation: There shall be five members on the Budget Advisory.Committee.
Each Commissioner shall appoint one member. Term in office shall run
ealq .? concurrent with the appointing Commissioner's term. j
3.
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CLEARWATER CITY COMMISSION Igo. BD-4
Policy Statement
General Topic Subject: Date Adopted: 1/16/90
Boards/Committees Advi sory Board Vacancies Amended: 3119/92
f
5
Amends: Rescinds: Reference;.
2/27184 Work Session
4/14/83 Policy Book Work Session
Statement:
For vacancies occuring due to an expiration of ter m, appointments will be made
approximately 30 days prior to the expiration date with the appointments being
effective the day after.the expiration.
When a vacancy occurs on an Advisory Board due to a resignation. the.person
appointed to fill that vacancy shall be appointed for a full term unless
otherwise superceded by law. Terms shall begin on the day of appointment.
Recommendation: Delete - as this is now part of t he Code (Sec.'2.063(2)(e))
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CLEARWATER.CITY COMMISSION " NQ. BD-5 "
Policy Statement
-General Topic Subject: Date Adopted: 1/16/90
Boards/Committees Attendance at Non Governmental
Board Meetings
Amends: Rescinds: Reference:
11/1/84 CC Meeting
4/14/87 Policy Boole Work Session
Statement:
Staff shall not be assigned to routinely attend non-governmental boards.
Staff will be available to,attend, upon request, for specific items.
Recommendation: Delete as this is within the City Manager's authority.
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- CLEARWATER CITY COMMISSION No. BD-6
Policy Statement
General Topic Subject: Date Adopted: 3/19192
Boards/Committees City Representatives on
Non- City Boards
Amends: Rescinds: Reference:
Statement:
Representatives appointed by the City Commission to serve on Non-City Boards,
' i.e. Pinellas Sports Authori ty, Center Foundation, will be limited to 2
,." consecutive terms or.G years of service, which ever is greater.
These representatives shall keep the City Commission informed of the
activities of the board to w hich they are appointed by providing annual
reports unless more frequent reports are requested.
* This will,be rewritten and brought back to the City Commission at a later
time.
Recommendation: Delete
•
4
Policy Statement
General Topic Subject: Date Adopted: 3/19192
Boards/Committees Special Request
Amends: Rescinds: Reference:
.. 2118192 Work Session CLK-1
Statement:
Requests from Advisory Boards for special repo rts and/or projects will require
approval by the City Commission prior to staff commencing efforts in
preparation of same.
The City Manager shall have the discretion to approve certain reports and/or
,..,, his/her
projects if, in opinion. such report o r project will be of benefit to
,
City operations.
.7
CLEARWATER'CITY COMMISSION .
lofl
Policy Statement
l General.Topic Subject: Date Adopted:. 3/19/92
Board/Committees Representative Balance
.
,
F Amends: Rescinds: Reference:
s'. ' Statement :
In making appointments to the City's.Advisory Boards. the City Commission will
strive to maintain a representative balance of race, gender and.area of the
City represented on those boards.
'
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ek°:
General Topic Subject: Date Adopted: 3/19/92
Boards/committees Non-Board Business Functions
Sunshine Law
Amends: Rescinds: Reference:
• 1
Statement:
"1. In-keeping with the,Sunshine Law and the opinion of the City Attorney,
advisory boards are requested not to schedule luncheons and other non-board
business functions. This request is made In order to eliminate the
possibility of violation of the Sunshine Law. ;
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CL.EARWATER" CITY COMMIS SION No. DD-10
Policy Statement
' . General Topic Subject: Date Adopted: 12/2/93
{?;.. Boards/Committees, Input to Other Boards/Committees
Amends: Rescinds: Reference:
12/2/93 Minutes
vi_
Statement:'
An advisory board may advise other boards/agencies of concerns regarding
issues if the 'majority of .the, board agrees to' do so.- However', an advisory
boa rd, is'not to state its position as policy, ,
10
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LEARWATER C
?. QTY COMMISSION
.; , . .. I ,, Pork ,
General Topic ,Y Statement
i Boards/Commit SubJect,
tees
f Amends: letterhead Bate Adopted.
' Rescinds,
Statement; Reference;
12/29/
. . 94 Minu A PProprA 'ate s I .
Advisory Advisory B°ard Chair B°ard let
an indi y Board lit r or Acting terhedd may b
used w
7dual board erhead Chair be
letterhead memb ' w? 1] riot b writes on hen an
Advisory wr er. e be
governmen 11 not b to ex used When half °f t Boa
rd, 1 o a 1 agencies be used whenpress individ n correspon he entire b an '
Adv7s°ry pinions c?tizens an ind', ual concerns deuce is wri°ard.
Board City staff .
.c0mpanies l board m Adv7so tten b.Y
opinions a Chair °r will be or Clear ember wr? ry Board
pproved by theAct7nq Chair avai ]able Water em l writes to of
y when i p ogees her
Board' not indivi
t trela relates letters for concerning
dual opinions es to actions an
! . or
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7
I 11
i
CLEARWATER CITY COMMISSION -
Policy Statement
General Topic Subject: Date Adopted: 11/29/94
Boards/Committees Letterhead
Amends: Rescinds: Reference:
11/29/94 Minutes
t? r ..
Statement:
Appropriate Advisory Board letterhead may be used when an Advisory Board, an
Advisory Board Chair or Acting Chair writes on behalf of the entire board.
-3 Advisory Board letterhead will not be used when correspondence is written by '
an individual board member to express.individual concerns.' Advisory Board
letterhead will not be used when an individual board member writes to other
,.? governmental agencies, citizens, companies or Clearwater employees concerning
personal opinions. City staff will be available to type letters for an', i
Advisory Board Chair or Acting Chair only when it relates to actions or
opinions approved by the Board, not individual opinions.
}
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CLEARWATER CITY COMMISSION No. SD-I2
Policy Statement
General Topic Subject: Date Adopted: 216192
Boards/Committees Input to Advisory Boards
Amends: Rescinds: Reference:
` 216192 #55
7
Statements
When-preparing an agenda item 'to the City Commission on.an issue that has gone-
before an advisory board, any petitions or correspondence regarding that issue
received.by, the-advisory board, shall be noted in the back ground.
4 '
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1
CLEARWATER CITY COMMISSION
Policy Statement
General Topic Subject: Date Adopted: 1/16/90
Budget Special Event Fees Amended: 3/19/92
Amends: Rescinds: Reference:,
. 4
4/4/82 Agenda Memo #12
4/14/87 Policy Book Work Session
10/16/89 Work Session
Statement:
The Special Events Committee will review applications for use of City beaches,
sidewalks and rights-of-way. Sponsoring organizations will be responsible for
the costs of City services needed in conjunction with the events.
All fees and related charges will be waived for City sponsored or co-sponsored
events; i.e. Fun 'N Sun, Jazz Holiday, July 4th; Turkey Trot and Martin Luther
King Parade. There shall be an annual review of City sponsored/co-sponsored
events during the budget process. An agenda item confirming co-sponsorship
and waiver of fees for those events approved in the budget will be brought for
City Commission approval at the beginning of each fiscal year.
In the event additional monies-are requested beyond what is included in the
approved budget, City Commission approval will be needed before said
additional funds are disbursed.
13
"• CLEARWATER CITY COMMISSION N.?. 8G-2
Policy-Statement
General Topic Subject:' Date Adopted: 1/16/90
Budget- Advertising
Amends: Rescinds: Reference:
5/13/85 Work Session
4/14/87 Policy Book Work Session
Statement:
The City will not, place. non-budgeted advertising.
Recommendation: Delete - advertising budgets are not for specific ads and
there are times. when ads not plannedforr need to be done,
1 ,
14
CLEARWATER CITY COMMISSION. No. BG-3
Policy Statement
General Topic Subject: Date Adopted: -1/16/90
Budget . Donations Amended: 3/19192
Amends: Rescinds: Reference:
311184 Agenda Item #74
Statement:
?. ponatians/contributions -to City Departments will be accounted for in a Special
Program Fund..,
15
Policy Statement
General Topic Subject:. Date Adopted: 1/16/90
Budget General Fund Surplus
Amends: Rescinds: Reference:
1989/90 Service Options Manual
Statement:-
In an effort to ensure adequate financial reserves, the City has.determined
that a General'Fund Unappropriated Retained Earnings equal to 10% of.the
subsequent year's budgeted expenditures shall be maintained whenever
practical. Should funds in excess of 10% be available in any fiscal year.
these funds shall be identified as available, and may be appropriated for
specific Capital Improvement Projects or used to reduce the subsequent year's
ad valorem millage. "
,
It has been determined.that this fund shall' be maintained as a contingency
fund, and appropriated only in cases of emergency or urgency to meet
unanticipated.financial needs.
0
16
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CLEARWATER CITY COMMISSION N, EG-5
Policy Statement
General Topic Subject-.' Date Adopted: 1116/90
Budget Funds other than General Fund
Amends:.' Rescinds: Reference:
1989190 Service Options Manual
Y.
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Statement:
Revenue budgets may exceed expenditure budgets except in General' Funds, which
must balance'.'' However, expenditure budgets may never exceed available
resources:
I
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CLEARWATER CITY COMMISSION. No. BG-6
Policy Statement
General Topic Subject: Date Adopted: 1116190
Budget Lease Purchase of Major Capital Acquisitions
Amends: Rescinds: Reference:'
1989190 Service Options Manual
Statement:,
When fiscally advisable and when consistent with contractual obligations, the
:.. City shall lease purchase all- capital items which have a monetary value of at
least $25,000 and a minimum life expectancy of five years. The debt service
`. `'. on lease purchase items shall. be paid by the user department.
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18
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1
CLEARWATER CITY COMMISSION No,BG-7
!. Policy Statement
4
General Topic Subject: Date Adopted: 1/16190
Budget Non-Resident Fees for Services
Amends: Rescinds: Reference:
1989/90 Service Options Manual
Statement:
As to individuals, corporations and other legal entities not owning real
F: property within the City: For all services or facilities provided from the
support of the General Fund, the City shall charge a fee for said
services/facilities which approximates the amount of support paid by property-
owning-residents.
Recommendation: Delete - fees set by resolution or ordinance. Not all City
residents own real property in Clearwater.
1
Policy Statement
General Topic Subject: Date Adopted: 1116190
Budget Road & Drain Millage Amended: 3119192
Amends: Rescinds: Reference:
1989190 Service Options Manual
10/16/89 Work Session
Statement:
A specific annual allocation of Ad Valorem revenues shall be used to fund the
various activities associated with roads and drainage,
Historical Note:
This millage was originally set at .307 mills in FY 1978-79, and had been
revised annually to generate adequate revenues to maintain this program. In
April 1987, the City Commission adopted a.policy to provide that the annual
Road & Millage levy shall be established at the level of .4693 mills until
otherwise modified.
This policy was futher amended by the Commission with the adoption of the,
1990191 Budget. Funding for drainage projects is provided by the stormwater
fee, and a levy of .3864 is appropriate for road projects.
Recommendation: Delete, handled thru annual budget process. Also, no longer
designate mileage for drainage due to stormwater utility.
z
20
a
CLEARWATER CITY COMMISSION No.
t< 'Policy Statement
General Topic Subject: Date Adopted: 1116190
Budget. Bu ilding Permit Charges
Amends: Rescinds: Reference:
1989/90 Service Options Manual
Statement:
Fees charged for Building and other permits shall be es tablished'at levels
which will attempt to recover the costs of the Building Department (exclusive
' of any costs reimbursable from sources other than City funds).
Recommendation: Delete - subsequent action determined some fees were having
to beset too high to meet this policy. ,
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CLEARWATER CITY'COMMISSION BG-10
Policy Statement
General Topic Subject: Date Adopted: 1/16190
Budget PACT
Amends: Rescind: Reference:
1989/90 Service Options Manual
Statement:
A millage levy necessary to generate up to $400,000 will be assessed and
designated annually-for the support of the Richard B. Baumgardner Center for
the Performing Arts, and Ruth Eckerd Nall, operating under the administration
of PACT, -Inc.
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CLEARWATER CITY COMMISSION ' No. BG-11
Policy Statement
General Topic Subject: Date Adopted: 1/16190
Budget Proprietary (Enterprise) Funds
Amends: Rescinds: Reference:
1989190 Service Options Manual
'
Statement:
it ..: ..
'All Proprietary
(Enterprise)
Fund operations sha
ll be self-supporting, and
shall pay admin istrative and other appropriate s ervice charges to General Fund
Operations for suppor?.at'a level determined by the City Commission.
?wo
23
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CLEARWATER CITY,COMMISSION t?o._ BG-14
Policy Statement
General Topic Subject: Date Adopted: .1116/90
Budget Interfund Other Service Charges
Amends: Rescinds: Reference:
1989190 Service Options Manual
V"
Statement:
The cost of services provided to Proprietary Fun d Departments by General Fund
Departments shall be charged to, and paid by the user department.
3
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Aa? 'CLEARWATER CITY: COMMISSION ? BG-15
Policy Statement
General Topic Subject: Date Adopted: 1116190
Budget Self-Insurance Program
Amends: Rescinds: Reference:
i • 1969190 Service Options Manual
Statement: ;
The City shall annually allocate $1,000,000 for the purpose of maintaining a
general purpose insurance reserve. The initial goal of this fund shall be to
establish a $7,000,000 reserve, to be used as necessary to defray and
discharge claims against the City.
:..t 1-t Cross Reference: City Goal #13
Recommendation: Delete, insurance fund adequately funded.
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CLEARWATER CITY COMMISSION
Policy Statement
General Topic Subject: Date Adopted: 1/16190
Budget Financial Support to Amended: 3/19/92
Social Service Agencies
Amends: Rescinds: Reference:
1989190 Service Options Manual
Statement:
It, is the City's policy to lend nominal financial support to selected social
service agencies to augment financial requirements. The budgeting of these
funds shall be re-evaluated every three years to determine if there is still a
need for this support and that the support is given to those agencies
providing needed services to the citizens of Clearwater. Various reference
materials and studies, such as the I Cope, wili'be made available to the City
Commission to assist them in evaluating these agencies.
Agencies receiving said support shall be given notice of the re-evaluation and
what is expected of them in order to continue to receive the support.
Recommendation: Delete, handled annually thru Social Service Grant Agenda
item at same time CDBG funding considered in the Consolidated Plan.
29