01/22/1991 (2)
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WORKSESSION
. City 'Commission Worksession Minutes
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CITY COMMISSION WORK SESSION
January 22, 1991
The City Commission of the City of Clearwater met at City Hall with the following
members present:
Rita Garvey
Richard Fitzgerald
Lee Regulski
William Nunamaker
Sue Berfield
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Ron H. Rabun
M. A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
The mayor called the meeting to order at 9:00 a.m. and the following items
were discussed:
James Harper of the Public Works Department was presented the Employee of
the Month award.
Financial Status of PACT. Inc. (WSO)
. Les Smoutt Treasurer for PACT, Inc., stated a year ago October, Arthur
Brennan resigned as Executive Director. Elissa Ghetto was made Acting Executive
Director and on March 5t 1990 was made permanent Executive Director.
Elissa Ghetto reported her goal is to run the Center on ,a fiscally sound
basis. 1990 was the first time in four years that the Center has had a surplus.
This was accomplished by maximizing revenue and makin~ cost cutting operational
changes.
She stated for fiscal year 1991, programming goals for Act One have been
met with expenses holding the line. This programming shows a surplus after 3
months. She stated they have not diminished quality nor have they cut
educational programs. She stated the Adults at Leisure program is continuing
with an expected 30,000 attendees. Act Two goals have met 68% of its revenues.
She reported while these are difficult economic times, the center is doing better
than budgeted.
Commissioner Fitzgerald complimented Ms. Ghetto for the positive situation
but expressed concerns regarding the impact of the difficulties the Florida
Orchestra is experiencing. Ms. Ghetto indicated she believed the Orchestra would
continue to play but if not, PACT would be able to recover. She stated they are
grateful for the support Clearwater has given and hopes it will continue.
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1/22/91
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In response to a question regarding the cost of performers escalating,
it was indicated some have, but the center will not bring someone to the center
at any cost.
Discussion ensued regarding the impact of other performing centers in the
area and it was indicated PACT is different from centers such as Tampa Bay and
Bayfront centers and there is no adverse impact from this.
In response to a question regarding whether or not expenses had been
deferred, Ms. Ghetto indicated they had not been: the center has become more
careful in its allocation of funds.
Les Smout indicated the quality of the performers is still there however
the Quant i ty has been reduced. The net resu 1 tis that there is a $42,000
surplus. He stated they have had a good fund raising year but that was for debt
retirement and endowment. He stated the 3/4 of a million dollar improvement in
surplus is due to improved operations.
In response to a question regarding debt retirement, Mr. Smout indicated
they had raised 1.2 million dollars over and above normal fund raising
activities, all of which was for debt retirement. He stated they have completed
50% of their capital campaign.
Purchase of Claims service and safetv consulting services from Gallaaher Bassett
Services Inc. for the eriod 10 1 90-6 30 91 for an estimated cost of
.$62.572.00 AS
For the past several years Gallagher Bassett Services, Inc. has provided
insurance claims service to the City of Clearwater. These services include
claims administration, claims adjusting and loss prevention and loss control
services. This proposal has not been incorporated into a written contract at
the present time due to failure of the parties to agree on the exact language
of the contract. The parties have been performing pursuant to the major
provisions of the proposal.
This year's proposal provides for an initial fee of $65,572.00 subject to
adjustments as provided in the proposal. Adequate funds have been budgeted for
this expenditure.
Bodily injury and Worker's Compensation Claims are processed for the City
of Clearwater by the servicing agent as well as property damage claims over the
current authorized staff authority. Seven days of loss prevention/control
consulting services are provided to the City on a request basis. The services
of Gallagher Bassett Services, Inc. are needed because the City does not have
staff at the present time to handle the volume of claims. There is also a
requirement in the London package that the City use the services of Gallagher
Bassett in servicing its claims.
It is anticipated the City will seek bids through the bidding process for
the handling of liability and worker's compensation claims in the future. The
possibility of handling liability claims in house is also being considered.
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Discussion ensued regarding the need to resolve the disagreement on
language. Kathy Rice, Assistant City Manager for Administration indicated the
language has to do with the London package and there are specifics Gallagher
Bassett want in the contract. Leo Schrader, Risk Manager, is working to protect
the City. She stated there have been some problems with the service in regard
to speed and other items and the City wants to improve on this.
A question was raised regarding whether or not the volume of claims is more
than it has been and it was indicated this is not the case.
Sale of Police Department Patrol Boat and Trailer (PD)
The vessel has a history of major engine repairs over the past several
years and was recommended for replacement as it could no longer cost effectively
meet the 'needs of the department. Due to manpower constraints, the department
also researched the elimination of the marine enforcement team with the provision
that all marine enforcement functions be absorbed by the Pinellas County
Sheriff's Office. This will commence January 22, 1991. The Sheriff declined
an offer of donation of the boat.
A previous agenda item requesting to sell the boat specified a minimum bid
which was not obtained and did not include the sale of the trailer. It also
indicated the proceeds of the sale would be used in part to purchase a new vessel
which is no longer needed.
In response to questions, it was indicated the insurance on the boat has
been discontinued and there are no longer marine patrol officers in the police
department. It was also indicated the boat is out of the water.
Declaration of surolus oroDertv. 250 acres in Hillsborouah Countv located on the
west side of Patterson Rd.. 3/4 mile south of Taroon Sorinos-Lake Fern Rd. for
the ur ose of exchan in it for other land sellin it outri ht for cash or a
combination of sale and exchanoe CM
Staff has been negotiating for several months to exchange a parcel of land
in Hillsborough County co~nonly known as the City Sludge Farm for a parcel of
land on Island Estates. The Commission agreed to make a swap of land with Rex
Harper whereby the City would acquire the property at 205 Windward Passage for
approximately 57 acres of land in Hillsborough County. Mr. Harper now wishes
to acquire not only the 57 acres but an adjacent 193 acres. The City therefore
needs to declare the entire 250 acre parcel surplus to the City needs.
Consultation with the Public Works Department, City Engineer, and
Consulting Engineer indicate no adverse affects to our sludge farm operation if
this property is sold. A condition of the negotiations with the successful
bidder will be the requirement that the City be allowed to use a portion of the
land for a limited period of time, if necessary, for continued sludge disposal.
Upon receipt of bids this item will be brought back to the Commission for final
action.
worksession
1/22/91
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. Concerns were expressed regarding apparent contradictory language regarding
no problem with our sludge disposal system. Michael \4right, Assistant City
Manager indicated there is a limited life on the property due to the metal
content of the sludge. He stated Public Works is working on an alternative
process which would require significantly less land than is currently being used,
however, the City wants to reserve the right to use the land if we need to over
the next few years.
Oiscussion ensued regarding the possible need for the property and what
other metal contents might trigger us being unable to use the land any longer.
I t was requested a report be prov i ded. In respon se to a quest ion, it was
indicated the new sludge treatment process being looked at would render the
sludge sterile enough for agricultural purposes and staff is investigating this.
Final Pa ent to delaParte and Gilbert for le al services rendered re ardin the
administrative hearinQ for Stevenson Creek in the amount of $17.253.56 CM)
On June 21, 1990, the Commission approved an agreement with the law firm
of delaParte and Gilbert to provide legal services at the Chapter 120 hearing
called by John Foley and later joined by the League of Women Voters. The legal
services agreement provided for expenditures up to $40,000.00 in addition to a
previous agreement of $9,900.00 executed between the firm and the City Manager's
Office. Additional amounts over the $40,000.00 estimate were to be paid
following the approval of the City Commission.
During the course of preparation for the Chapter 120 administrative
hearing, Mr. Foley developed a settlement proposal calling for an alternative
design for the Stevenson Creek project. On November 15, 1990, staff advised the
Commission of the receipt of this proposal and the need to assess the alternative
using the City's computer' model and conduct expert evaluation by City consultants
since the League had no experts of its own. The additional effort to analyze
the data for potential settlement has resulted in additional expenses over and
above the $40,000.00 legal service estimate. Following the analysis of the
settlement offer and finding its insufficiency to provide the needed flood
protection, preparations continued for the hearing. On December 4, 1990, the
League of Women Voters and John Foley jointly announced, through their attorney,
their decision to voluntarily withdraw from the hearing. Final charges for
November and December have been received by the City and a request for payment
of the outstanding balance of $17,253.56 over the previously authorized
$40,000.00 amount has been received. Total expenses, exclusively charged on the
administrative permit hearing have amounted to $67,153.56 for legal fees and
$49,732.00 in consulting and engineering fees.
Concerns were expressed regarding the costs for these legal fees and
whether or not it would be more beneficial to hire an additional assistant city
attorney. It was indicated it would be difficult to find someone with this
expertise to have on staff.
Infrastructure Sales Tax (pennv for Pinellas) Revenue Projections (CM)
The original Penny for Pinellas Infrastructure Project list approved by
the Commission was based on estimated sales tax proceeds provided by Pinellas
worksession
1/22/91
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County. 'These early revenue estimates totaling $76 mill ion over a .ten year
period were predicated on a 7.5% annual increase in tax revenues. Our current
actual experience indicates that a much more conservative increase estimate is
more accurate. Reducing the annual increase from 7.5 % to 4% produces a funding
shortfall of approximately 16 million dollars over the ten year period. Using
a 2% growth factor results in a funding shortfall of approximately $22 million.
Staff is recommend i ng tak i ng the more conservat i ve approach and de 1 ete $23,
110,000 from the recommended high priority list. In addition to the overall
funding availability, the cash flow or balancing of each year's expenditures
against the annual receipt needs to be considered. In order to achieve this
balance, two priority projects, Countryside Boulevard Widening and the City's
share of costs associated with the Clearwater Pass Bridge, have been identified
to be funded by interfund borrowing techniques.
Mike Wright, Assistant City Manager indicated staff is recommending a very
conservative posture and that it will be easier to add things back into the
project 1 i st shou 1 d revenues improve rather than delete more shou 1 d they
decrease. He stated the department heads have met and there have been
compromises throughout.
A question was raised regarding the project for Myrtle Avenue extension
and Charles Hunsicker, Assistant City Manager indicated railroad tracks that
would intersect the road at a 90-20 degree angle are causing difficulty. He
stated there is a study being done and once this is completed, staff will return
to the Commission with recomnendations.
Mr. Wright indicated that even with the projected 2% revenue return there
would be a contingency fund of $1,750,000. Discussion ensued regarding using
the 2% assumption and it was indicated the City's actual experience has given
a return of 1.6 to 1.8 percent. Betty Deptula, Administrative Services Director
indicated our experience would not support a 6% projection.
Discussion ensued regarding the distribution formula of the sales tax and
it was indicated the City receives quarterly reports. It was indicated the
Countryside Boulevard Widening Project is out for bid at this time.
Discussion ensued regarding the need to reserve monies for the Clearwater
Pass Bridge and it was indicated the monies set aside are a safety valve but
staff does not feel the money will actually be needed. The State funding for
the Clearwater Pass Bridge is still currently in place. Mike Wright indicated
a bridge decision will be needed in 2 to 3 years and at that time we would still
have a $30 million revenue coming in and all projects are subject to annual
adjustments. Mr. Wr i ght i nd i cated staff is recommend i ng tak i ng out po li ce
station renovations except for the parking lot which will be done and that $2
million was taken out of library renovations. He stated environmental projects
that can be handled through the stormwater utility fee have been eliminated
however Stevenson1s Creek was left in.
Concern was raised regarding eliminating the program for the redundant
water system which would bring effluent for irrigation to residential areas.
worksession
1/22/91
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It was stated staff believed reclaimed water would be attractive enough to go
forward without a subsidy.
Mike Wright requested Commission direction regarding the Public Works
Director's request that monies be allocated for paving of unpaved streets. Mr.
Wright 'reported there are several small sections of unpaved streets which cause
maintenance difficulties to the Public Works Department. Consensus of the
Commission was to provide $50,000.00 a year to be set aside for the paving of
these streets.
Mr. Wright requested the Commission look carefully at the Parks and
Recreation projects. Discussion ensued regarding the bayfront park and Ream
Wilson, Parks and Recreation Director indicated $30,000.00 has been spent for
conceptual drawings for Commission approval. The tennis courts will be addressed
first in this project. Discussion ensued regarding the fishing piers and it was
indicated in the short term the City will be moving dangerous portions of the
existing pier, which are actually the remains of the old memorial causeway,
bridge, and eventually we will go forward with removal and replacement of the
piers.
A question was raised regarding whether or not Clearwater Beach residents
and associations supported a project for a gazebo on the beach. Staff is to
investigate. Mike Wright did indicate a recommend at ion was to de lete 1/2 mi 11 ion
dollars of beach improvements from the project list.
The meeting recessed from 10:43 to 10:53 a.m.
t::;, Status of Center Foundation Lease (CM)
Staff has been negotiating for several months with the Center Foundation
to come to an agreement on a new lease for the center. Questions were raised
regarding the need for clarification that there are no loans or mortgages
existing on the property at the current time. Also how any shortfall in
operating expenses will be funded and by whom.
A question was also raised regarding amendments to the Center Foundation
bylaws and whether or not they need to be ratified by the City Commission. The
City Attorney indicated it was his opinion that the increase in trustee board
members was not consistent with the lease agreement.
A question was raised regarding the status of the YWCA's participation in
the project. A concern was also expressed that originally the word "Clearwater"
was to have been used in the name of the facility.
In response to a question, the City Attorney indicated he believed the
proposed agreement was an improvement over the existing lease and he recommended
approva 1-
Discussion ensued regarding expansion of the board and it was indicated
that this had been an evolutionary process and there are now two boards, one fund
raising board and the other, an operating board.
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1/22/91
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A question was raised regarding whether or not Clearwater for Youth had
an agreement with the Center Foundation organization. In response to a question
regarding whether or not the City is still financially responsible if things
remain status quo, the City Attorney indicated the City would be better off under
the new agreement.
Questions were raised regarding whether or not there were any strings
attached to the State grant which was provided to help pay for construction
costs.
Further discussion ensued regarding the funding formula to help pay for
operating costs. The City Attorney reiterated he recommended adopting the new
agreement and staff had tried to address and resolve the issues.
Verbal Reoort
The City Manager reminded the City Commission the stormwater utility fee
will be showing up in the next utility bills which are issued. He stated there
may be some errors and that phone banks have been set up to address these.
A question was raised regarding whether or not there had been any
challenges to the fee and the City Attorney indicated a letter had been received
from the School Board Attorney indicating they did not feel they needed to pay
the fee. He stated they are drafting a response indicating they will be liable.
ITEM
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:":':.:. A question was raised regarding the status of a proposal to more clearly
define rental units. Jim Polatty, Planning and Development Director indicated
complaints have been received regarding residential properties being rented out
inconsistent with the intent of the Code. He stated people are buying single-
family homes and then renting them out on a limited time basis. He stated there
in nothing in the Code which would prevent day to day rentals and it is being
researched at this time. Staff will return to the Commission with a
recommendation. He indicated there were some condominiums on the beach which
have received a hotel/motel license. The proposal will apply only to residential
units.
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A question was raised regarding whether or not there were any State rules
and regulations that apply to hotel/motel permits. It was stated the real battle
will be in the single-family residential areas and a concern was expressed that
this practice would destroy the intent of neighborhoods.
Commissioner Nunamaker left the meeting at 11:45 a.m.
CCont. from 12/20/90 & 1/3/91) Second Readinq Ord. #5014-90 - AmendinQ
comprehensive plan as adopted on 11/16/89, including amendments to future land
use traffic circulation coastal zone mana ement conservation
interQovernmental coordination and capital improvements elenlents PLD)
The City of Clearwater processes amendments to the comprehensive plan in
June and December. Th i s i tern cons i sts of severa 1 amendments to the comprehens i ve
worksession
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1/22/91
The concern was expressed regarding having to be so specific regarding
language in objective 19.3 that provides for a specific number of parking spaces
to be provided on Sand Key. It was indicated these parking spaces were expected
to be installed at the sailing center during its development in the upcoming
year. It was requested that DCA be contacted to see is we could specify the
locat ion as the sail ing center or remove the date by which the spaces are
required.
Scott Shuford, Planning Manager indicated DCA had also requested language
in policy 22.2.2 and 22.2.8 regarding flood control be more specific. He stated
the League of Women Voters had an alternate proposal to staff's reconnnendation
however it was not as clear. '
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plan text which were reviewed and approved by the Commission on first reading
on August 16, 1990. The proposed amendments have been processed through the
Tampa Bay Regional Planning Council, the Pinellas Planning Council and the
Department of Community Affairs. Final review comments from DCA have been
received indicating adjustments in language are necessary. Changes have been
made which are generally acceptable to DCA. All revised language is included
in Exhibit A of the ordinance.
A question was raised regarding definitions of natural floodways and
channels. This will be clarified prior to Thursday.
The Mayor indicated the League of Women Voters has informed her that the
most recent cha 11eoge from Tom Reese was not approved by the League. The
t':;~~ Planning and Development Director indicated that amendments being made to policy
,. t! 5.5.1 are an effort to better reflect State I s pol icy regarding constraint and
backlogged roads.
Land Develo ment Code Amendments - Initial Series of Code Amendments in the
Second Phase of Proposed Amendments PlD)
Staff has prepared the initial series of Land Development Code Amendments
in the Second Phase of Proposed Amendments. Due to the' 1 arge number of
amendments in this second phase, staff will bring only a limited number of
amendments to public hearing at anyone time.
The ordinances proposed address vested development rights, marinas and
recreational grounds in PSP districts, fences, walls and hedges, attached versus
accessory dwellings, permitted and condit iona 1 uses in OL and OG districts,
noncommercial recreation in the OS/R district and residential uses in the CG
districts.
A concern was expressed regarding the proposal to 1 imit the height of
hedges. Discussion also ensued regarding the proposed ordinance for residential
uses in the CG district with it being indicated that this would be a way of
getting around the Code. It was indicated this was an amendment that was brought
up by a member of the public and was being provided for the Commission to look
at.
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worksession
8
1/22/91
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The City Commission provided direction to staff regarding the
administrative perameters of the Challenge 2000 program. Since that date,
additional pledges have been received to bring the total banking support up to
$2,450,000.00, $400,000.00 of which is pledged for low interest loans to low
income famil ies. Several appl icants under the new construction program have
submitted applications and can be recommended for acceptance into the program.
Once an applicant is accepted the lot must be selected and a home plan chosen.
Seven builders have submitted plans, specifications and prices to be
considered for inclusion in the program. Challenge 2000 loans for home
rehabilitation will have significant client and builder involvement in creating
the scope of serv ices in admi n i ster i ng the contract. City admi n i strat i ve support
wi 11. be needed and processing loans and marketing the program to qualified
applicants. The loans are targeted to families with incomes from 80 to 120
percent of median income.
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Concerns were expressed that there needs to be notation made when
amendments are being proposed by ci~izens.
Further discussion ensued regarding ways in which to handle citizens I
requests for code amendments. I t was the con sensus of the Commi s sian to separate
items E and G, both of which were requested by citizens, and they be placed on
the regular agenda. The other items can remain on consent for receipt and
referra 1.
16th Year CDBG Drooram amendment to add $11.800.00 for public facility
imorovements to Communitv Pride Child Care Center located at 211 S. Missouri Ave.
(PLD)
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In the 15th Year COBG program $12,000.00 was allocated in public facility
improvements to support the renovation of the former YWCA thrift shop. At that
time, Community Pride had proposed to lease the facility. Subsequently they
purchased the bu i 1 ding and add it iona 1 improvements have been added to the
rehab i 1 i tat i on scope of the work based on f ; re code requ i rements and the
expansion of the building to accommodate Gateway Children's Center.
An allocation of $3,000.00 in the 16th Year CDBG funds was granted for a
security system and fencing at this site. The Gateway Children's Center will
be a daycare for children of homeless families and will be funded through grants
and contributions from the Junior League. The Gateway Center received a COBG
grant of $10,000.00 for the 90/91 year to fund faci 1 ity improvements. Additional
funds are available under the CDBG program to support this recommendation.
A question was raised regarding whether or not this facility would be a
possible location for a headstart program. Kathy Rice, Assistant City Manager
indicated potential sites have not been determined at this time.
"ChallenQe 2000" orOQram for housino rehabilitation and new home construction
(PLO)
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1/22/91
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,~ The purpose of these loans wi 11 be rehabil Hat ion and upgrading of existing
! ',' housing stock. Loans will be made by local banks with a City guarantee.
Interest will be charged at a fixed, below, market rate. The program has been
recommended for approval by the Neighborhood Advisory Committee. Clearwater
Neighborhood Housing Services is committed to providing outreach services in the
North Greenwood Community. Counseling in credit management and home maintenance
will be available to all clients through the Community Service Foundation and
will be mandatory for new home buyers.
Jim Polatty, Planning and Development Director indicated staff is asking
the Commission to approve this as the administrative manual. He indicated we
are ready to implement the program. Community Services Foundation will provide
counseling and we will pay for each client. He stated that of the 23 prospects,
5 have been deemed able to get a loan. He stated that although the down payment
has been minimized, it is still a problem for some participants.
In response' to a question, he indicated the counseling and training
regarding home maintenance would be provided on a continu ing basis. It was hoped
to establish an adopt a family program.
Chris Papandreas, Community Development Manager, indicated Neighborhood
Housing Services will assist in filling in the gaps in counseling.
A request was made the Commission receive a copy of the proposed contracts,
notes and deeds.
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The City Manager reported on a late item in which the Miss Clearwater
Pageant is requesting co-sponsorship. Consensus of the Commission was there was
no objection. The City Manager reminded the Commission of the Union Impasse
Meeting for FOP#10 scheduled for January 23, at 5:30 p.m. He requested
Commission members bring both the proposal by the union and the city's proposal.
He also stated staff was attempting to schedule a union impasse meeting for the
FOP sergeants and 1 ieutenants union. Consensus of the commission was to schedule
this for 9:00 a.m. on February 4, 1991 and to have the work session scheduled
for that time to begin immediately after the FOP meeting.
Other Commission Action
The Mayor requested the City Attorney prepare a discussion regarding the
new gift law and this be an item on a future work session agenda.
Commissioner Berfield questioned whether or not there was any way to
reinstitute the special speed enforcement effort on Clearwater Pass Bridge.
Commissioner Fitzgerald suggested a resolution be drafted supporting the
troops in the Middle East. Consensus of the Commission was to add a resolution
which would support City of Clearwater employees who have been called to serve
in this conflict.
J
worksession
10
1/22/91
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,'., Mayor: Garvey questioned 'whether or not the COnlmission wished to take any
'stance regarding Tarpon ,Springs' 'resolution on annexation of enclaves. It was
, " indicated, this should be done through the legislative 'delegation. ' The Mayor
indicated she,understood this is to be addressed by Governor Chiles and she
requested ,a packet of information be developed and sent to the Governor. '
The.meeting ,adjourned at 12:42 p.m.
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