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CITY COMMISSION WORK SESSION
April 29, 1991
The City Commission of the City of Clearwater met at City Hall with,the following
members present:
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Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
Also present were:
Michael J. Wright
M. A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
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Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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The meeting was called to order at 9:35 a.m.
Verbal Renort
Michael Wright, City Manager, stated staff had proceeded to contract for
two roofing jobs, the beach fire station and the annex, for a total of $13,000.
This was due to damage from the April 25th storm. The work had to be done over
f?;[~ the weekend. He will be bringing forward a formal item for the Commission to
.;:.~" approve this expenditure Thursday night.
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Lease A reement with 'Stone Buick for a three
property located at 1165 Cleveland Street (ED
On February 27, 1986, the City and Stone Buick, Inc., signed a two year
lease agreement for city-awned property at 1165 Cleveland Street. On May 14,
1987, an amendment to the initial lease extended the lease term for five years
from March 1, 1986 to February 28, 1991.
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Stone Buick has asked the City to conclude a new lease agreement for a
period of three years. Should either party wish to terminate the agreement
without penalty prior to the three year period, a six month termination clause
is included as a lease provision.
The City has exercised the land option contained in paragraph 16 of the
19871ease. Consequently, the proposed three year extension contains language
pertaining to Lot 4 of Janie Daniels Subdivision, which now must be included in
the Stone lease. All ather terms and conditions of the lease are to remain the
same.
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The City Manager indicated the Stones are contemplating a second
dealership. He stated monies generated from this will be used to buy other
properties.
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4/29/91
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Concerns were raised regarding the service record and safety of the jeeps.
It was indicated the jeeps do require more maintenance but it is because they are
used on the, beach, not because they are jeeps.
Contract for the construction of a restroom bui1din on Clearwater Beach to Drac
Construction Co.. for ~.483 PR
On February 1, 1990, the Cornmi ss i on approved the construct ion and 1 ocat ions
of three additional restroom facilities on Clearwater Beach. Two of these
faci 1 it ies have been completed but the third location, being seaward of the
Coastal Construction Control Line, required approval from the Department of
Natura 1 Resources (DNR). The City has since received the permit and final
approval from the DNR.
The City Manager indicated this would be the third restroom on the beach
and due to regulations for accommodating the handicapped, the design had to be
amended so there are now only five stalls.
Ream Wilson, Parks and Recreation Director, indicated there had been some
requests to dress up the roofs of the restrooms. This can be done at a later
time. The current design is extremely practical and easy to maintain.
(Cant. from 4/18/91) C.0.#8 to the contract for the Marshall Street Advanced
Pollution Control Facilitv Project. ad.iustino the total contract amount to
j17.328.600 and amendino the project budoet to $18.350,000 (PW)
The purpose of this change order is to compensate the contractor for the
revisions he has been directed to perform. Change Order Items which have been
completed are those which could have caused delay in completion of the project
if not done immediately.
Changes proposed or completed include: providing additional electrical
reliability and reducing electrical energy costs at the Marshall Street facility
by installation of two additional standby generator units, two fuel storage tanks
and all required appurtenances; installation of floor drain at Grit Snail and
Influent Pump Station Dumpster; provide additional piping and modifications to
reduce grit build-up in the Grit Tea Cup System; and installation of fiberglass
grating with aluminum supports at self-contained weir gates at Aeration Reactors
4-13.
Bill Baker, Public Works Director, reviewed the status of the facilities.
In response to a question, he indicated there would be sludge treatment for all
three plants but it will be at the one facility.
In response to questions regarding sludge processing, Mr. Baker indicated
there is a new rule that the sludge must be sterilized. He stated staff plans
to institute a process which mixes the sludge with lime and then heats it with
gas to pasteurize it. The resulting material can be disposed of at almost any
location.
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4/29/91
The City Manager indicated this boils down to a philosophical issue
regarding whether or not the Commission feels this is the proper thing to do.
Discussion ensued regarding setting a precedent and it was indicated this
has been available to the owners on Harnden Drive since 1985. Concerns were
expressed regarding a similar request coming from other areas of the City and
whether or not the City would be able to deny those if they grant this.
First Readina Ord. #5098-91 - Cruisina Control Ordinance (eM)
The proposed "Cruising Ordinance" is a much discussed attempt to help
a lleviate traffic congestion on Clearwater Beach. It is an experimental
ordinance that will automatically expire as of October 1, 1991. The four month
test period should provide ample information as to whether or not an ordinance
should be adopted on a permanent basis and how the cost of the additional
enforcement effort can be funded.
The City Manager reviewed the ordinance stating that once traffic reaches
a certain point, the beach will be declared to be in a traffic emergency. Tag
numbers will be entered into the computer and a car will be warned the second
time it passes through a certain checkpoint and ticketed if it passes a third
time. He stated this will be labor intensive and cost approximately $145.00 an
hour.
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In response to a question, it was indicated there may be some market for
the sterilized sludge.
Discussion ensued regarding the generators and it was indicated these are
needed in order to provide complete reliability for the reclaimed water system.
A question was raised regarding why the City is not using natural gas
powered engines and it was indicated they are three times the cost of the diesel
engine being proposed. Also due to this being a stand-by, rather than a ful1-
time generator, the diesel was preferred.
In response to questions regarding the number of generators needed, it was
indicated the East Plant already has the generator, the NOl'theast does not and
a dual source system, which was tried, was found to be unreliable.
In response to a question regarding the Marsha 11 Street and Northeast
Plants being under budget, it was indicated the generators were not a part of the
original plan. Surplus funds are being used for the purchase of the generators.
Parkina in the riqht-of-wav on Harnden Drive for Ann Esther Inn (PW)
Mr. George Athens, representing the Ann Esther Inn, has requested the City
construct four parking spaces within the east right-of-way of Harnden Drive and
its intersection with Third Street for the purpose of licensing such spaces for
the exclusive use of patrons of the Ann Esther Inn. Mr. Athens desires the same
type arrangement made some five years ago between the City and the Sea Cove
(;"',) Motel, similarly situated approximately 300 feet south of the Ann Esther Inn.
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4/29/91
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Discussion ensued regarding the use of police officers and it was indicated
, due to this being a temporary ordinance, plans were to use officers on overtime,
and not reassigning officers. The program will actually use four police aides
who will do the entering of the tag numbers and four officers.
In response to a question, it was indicated currently four to seven
officers are on the beach on anyone given night. These officers will be allowed
to do their regular duties and the overtime officers will enforce the ordinance.
Discussion ensued regarding the impact of the ordinance and it was
indicated staff needed the four months to evaluate it.
In response to a question, it was indicated if the ordinance is successful,
it will reduce the number of vehicles on the road.
Discussion ensued regarding how the ordinance will be implemented and in
response to a question, it was indicated it does allow a person to explain what
they are doing if they have passed the checkpoint an excessive number of times.
The City Attorney indicated it is designed to eliminate unnecessary repetitive
driving.
In response to a question regarding why it is automatically repealed on
October 1st, it was indicated it allows the City to adopt this as an experimental
ordinance to see if it works.
The meeting recessed from 10:35 a.m. to 10:49 a.m.
located in Loke
Lokey Motor Co.,
The applicant is requesting a number of sign variances in order to permit
increased identification of an auto dealership located on the west side of US19N
between Druid Road and Harn Boulevard.
The app 1 i cant is propos i ng to add two new po 1 e signs along the US19
frontage, as well as to relocate an existing pole sign which was previously
granted a variance. The two new signs would advertise the Infiniti automobile
1 ine and the Pre-Owned (used) car operation. The sign to be relocated advertises
the Sterling car line.
The applicant contends that a resubdivision of the property would allow
more signage. This would be the case, except that a unity of title has been
recorded unifying all parcels as one development. Staff would likely require
substantial modifications to vehicular circulation and other site improvements
if the unity of title was lifted or the certified site plan modified.
The applicant also contends that franchise requirements restrict signage
for his property (e.g., Mercedes will not permit "sharing" a sign with Infiniti,
and vice versa). Th is wi 11 be a frequent argument for sign vari ances. However,
WkSes
4/29/91
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there are car dealerships all across the country which have been able to modify
corporate "pol icy" as a result of far more stringent sign regulat'ions than are
in effect in Clearwater.
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Since the request is being reviewed under the City's current sign code,
staff must find that the applicant has provided no evidence that an unnecessary
hardship exists or that the request is a minimal one. Of the types of variances
requested (freestanding signs vs. attached signs), staff feels the freestanding
sign request is clearly the more objectionable.
A question was raised regarding how this establishment would meet the
business complex interpretation and it was indicated staff will be meeting with
the applicants later this afternoon.
Jim Polatty, Planning and Development Director, indicated one license and
a unity of title would be needed but it would still not allow the freestanding
sign.
Establishment of a Rehabilitation S ecia1ist osition within the Plannin and
Oevelooment Deoartment (PLD
Last year, the CDBG program, wh i ch i nc 1 udes both City and Clearwater
Neighborhood Housing Services, completed 32 rehabilitations and expended $514,711
in funds.
The Rehabilitation Specialist is responsible for working with homeowners
€~~ to prepare their 'work write-ups, handling bidding, and overseeing jobs under
~,,~{'!I construct i on for contract comp 1 i ance. Under the term of the incumbent I s
contract, benefits such as vacation, sick leave and health insurance coverage
have been extended.
It has been recommended by the Personnel Department that this position be
established as a permanent Civil Service employee at Range 55 with an entry
salary of $21,648 per year. This is the same pay grade as is currently applied
to the contract employee. In the event CDSG funding is not aVuil~ble in future
years, this position will either be eliminated or will become an additional
position of the General Fund and funded with General Fund dollars.
The City Manager indicated this position has been filled by a contract
employee for eleven years and it is out of the traditional spirit of contract
employees.
Discussion ensued regarding the need for this change with concerns being
expressed this is going the opposite direction from privatization which has been
proposed.
Concerns were expressed regarding denying this long term employee City
benef i ts . I twas emphas i zed th i s pos i t ion is pa i d for through Commun i ty
Development Block Grant monies.
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4/29/91
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1",f,H The report establishes a large number of countywide plan categories which
will not all pertain to the City of Clearwater. Each category has specific
requirements concerning density, intensity of use, types of use and traffic
generation rates. For the most part, where this categories do not correspond
between the county plan and the city plan, it is simply a nomenclature problem.
One issue of concern is that the PPC staff is recommending conservation
areas be designated preservation. The City1s current land use plan designates
these areas as conservation in accordance with the Florida Administrative Code.
There is no definition of preservation in the code and the code also states that
conservation uses are to be shown on all future land use maps.
The second issue concerns institutional and transportation/utility plan
categories. The PPC staff has essentially divided standard Public/SemiMPublic
types of uses into two separate land use categories. City staff feels this
separation is redundant. This essentially addresses an overall issue of land use
categories becoming zoning categories rather than the broad general categories
they should be.
The PPC staff has indicated the separation is necessary in order to allow
accurate monitoring of institutional versus transportational/utility uses. Under
PPC staff's recommended approach, institutional uses include government offices,
schools and hospitals. The transportation/utility plan category contains uses
such as water and sewage treatment plants and similar facilities.
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Concerns were expressed this cost will continue to increase if the
individual is a permanent full-time City employee.
A question was raised regarding what the consequences would be if the
person in the position could not pass the test and it was indicated the City
would then hire off the list of individuals who do pass the test and are
qualified.
Nr. Polatty distributed housing plans for use in the Infill Housing Program
and indicated it was hoped that more plans would be approved.
In response to questions, it was indicated builders are being cleared
financially by banks. '
Receive staff update on the Pinellas Plannina Council Consistency Proaram (PLD)
The Pinellas Planning Council (PPC) draft consistency report describes the
consistency program as well as the progress to date on achieving the goals of
that program.
The report also provides what each local government in Pinellas County must
do in order to achieve consistency with the countYMwide plan. Staff is seeking
direction from the Commission regarding action to be taken regarding the var.ious
issues which affect the City of Clearwater.
Issue #1 M Countywide Plan Categories
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Staff recommends the proposed preservat i on plan category be renamed
conservation and that the proposed institutional and transportation/utility plan
categories be combined into a single plan category.
Issue #2 - Density
The proposed consistency report establishes specific density requirements
for the various plan categories which differ slightly from the current categories
used by the City. Additionally, the unit of measure for density in the PPC
consistency report is units per gross acre while the City uses units per net
acre. The difference in these two measurement techniques is that Clearwater
subtracts the area devoted to property access from the gross site area with
maximum reduction of gross area of 8%. The City's zoning districts fit fairly
well in the plan categories proposed by the PPC staff when the maximum
percentage, 8% of area for access ways, is subtracted from the overall density
permitted in each zoning district. However, PPC staff is forced to regard the
potential density because it is conceivable that a project could be so designed
that access ways are not subtracted from the overall allowed density.
Unfortunate ly in many cases, this interpretation requires the inclusion of
several of the City's residential zoning districts into higher density plan
categories. The RM-B district, for example, would be placed in the residential
low medium plan category which allows up to ten units per gross acre.
The second component of this issue is the need to create a new RM-I0
district to cover the Seville property. Staff recommends revising the Land
Development Code to establish a gross density measurement and creating the new
t~':i' RM-I0 zoning for Seville.
In response to a question. it was indicated this will simplify density
calculations for the City.
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Issue #3 - Intensity
The PPC staff measures intensity of development by two factors, floor area
ratio (FAR) and impervious surface ratio (ISR). The City a 1so uses FAR to
determine intensity of use but relies on open space percentages instead of ISR
percentages. Generally, there is little difficulty in converting to the ISR,
however, there is one area in which a Land Development Code Amendment would be
needed to increase open space requirements, that is for the beach commercial
district where a 5% ISR would need to be established. This corresponds to a 5%
open space requirement. No open space requirement is currently provided in the
beach commercial district.
Concerning FAR, there are several adjustments which will be required under
the consistency program. First. the maximum FAR in the General Office district
wi 11 need to be reduced to .5 from a potent i a 1 .6. I n the North Greenwood
Commercial district the FAR will need to be reduced from .6 to .55. In the
Limited Industrial district the maximum FAR will need to be reduced to .75 from
no maximum FAR required. In the Open Space/Recreation district the maximum FAR
will need to be reduced to .25 from no minimum FAR. Finally, within the
Public/Semi-Public district the maximum FAR must be reduced to .7 from 1.0.
WkSes
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4/29/91
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The major concern regarding these changes lies within the Public/Semi-
Public district which has a .potential for creating problems for such uses as
hospitals. Staff's only recommendation regarding intensity is that the maximum
FAR in Public/Semi-Public be no less than 1.0.
Discussion ensued regarding people unable to meet the FAR's and concern was
expressed regarding whether or not variances would be allowed. It was indicated
that PPC is stating variances could be granted.
In response to a question, it was indicated downtowns are exempt from the
requirements as central business districts are controlled through intensity of
use. It was also indicated a bonus could be allowed if they address open space
provisions.
Issue #4 - Uses
The PPC consistency program establishes a number of use restrictions for
existing city zoning districts. While staff has been able to address some of
these concerns with PPC staff I there remains some problems. Specifically,
personnel services and office uses in the beach commercial district are not
currently allowed under the PPC proposal. The Planning and Development
Department feels that these uses are essential support services to the
residential community on Clearwater Beach. Within the Limited Industrial
district, the PPC proposal would eliminate business services,
business/professional offices, indoor retail sales, accessory buildings and
.. restaurant use. As wi th the beach commerc i a 1 uses, these uses appear to be
support services necessary in industrial districts. Finally, within the General
Office district, it will be necessary to amend the Code to provide for the snack
bar or luncheonette use as an accessary use rather than as a permitted use.
Staff recommends the uses currently existing in beach commercial and
1 imited industrial districts be permitted in the associated countywide plan
categories.
As clarification, Sandy Glathorn of the Planning and Development staff,
stated that PPC is saying that the uses in the beach commercial have to be
specifically related to tourists. Planning staff is saying that there is a large
residential community that needs services, not related to tourists.
Issue #5 - Land Use Plan Amendments
The PPC staff is recommending that the City of Clearwater amend the future
land use plan element to include: 1) a consolidated statement for all intensity
standards to be implemented through the land development regulations with said
standards being consistent with the proposed countywide rules; and 2) the same
nomenclature to identify land use categories. Staff has no problems with these
changes.
Issue #6 - Map Differences
The ppe staff has identified 133 inconsistencies between the City's land
use map and the countywide map. These inconsistencies include current
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differences in nomenc 1 ature, apparent mi sreads of the City's map, annexat ions and
adopted land use plan amendments which were not shown on the countywide map and
other inconsistencies which will later require land use plan map amendments to
either the countywide map or the City.s map. City staff is currently preparing
a report to the PPC staff addressing the noted inconsistencies in detail.
Staff is recommending that when the inconsistencies discussed are resolved,
the PPC initiate a program to provide the land use plan maps and future updates
for each community.
In response to questions, it was indicated staff will be coming forward
with any changes needed and that most of the changes should be small in nature.
Issue #7 - Transfer of Development Rights
The countywide plan proposes to establish a maximum transfer of development
rights from conservation/preservation areas to one unit per acre. The City of
Clearwater uses its conservation classification to protect wetlands, significant
urban forests and similar areas. For upland areas like urban forests, the City
allows density transfers based on density allowed on the surrounding property
which is to be developed. This provides an incentive for property owners to
preserve upland conservation areas.
The PPC staff's proposal would seriously reduce these incentives. City
staff recommends that 1 oca 1 governments be permitted to estab 1 i sh separate
transfer of development rights regulations based on the preservation needs of
each connnunity.
Issue #8 - Residential Equivalent Uses
The ppels countywide land use plan rules update defines residential
equivalent use which will require re-examination now that the PPC staff is aware
of the differences in nomenclature and restrictions within the various local
governments. Staff recommends the residential equivalent standards be deleted
from the countywide plan in favor of state and local regulations.
An example of an area which would be affected by this is in our group care
facil ities in which in comparing the countywide proposal with the City IS
regulations for congregate care facilities, the proposed countywide regulations
would not appropriately accommodate the group care level II and III facilities.
Issue #9 - Cost
At an earl ier date City staff had estimated the cost for the City to
implement the proposed consistency program to be $30,000. This includes
personnel hours, advertising costs and other expenses. At the current time this
appears to have been a low estimate. While ppe staff has suggested that the PPC
consider a grant program to assist the affected communities, the PPC has not
approved such a program. City staff recommends the PPC provide grant funding for
the full cost of local implementation of the consistency program.
WkSes
10
4/29/91
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Issue #10 - Scheduling
Currently the PPC staff anticipates the consistency report to be adopted
by the PPC in June of 1991 and by the countywide planning authority in August of
1991. All requisite comprehensive plan text/map amendments and land development
code amendments will be accomp 1i shed by the end of 1992 accord i ng to the proposed
schedule. City staff feels this is an extremely tight time frame in which to
implement the program and recommends that either more time be allotted for the
implementation program or the full cost of the implementation program be funded
by the ppe through grants to local governments.
Jim Po1atty, Planning and Development Director, indicated the City is
requesting Commission direction regarding there being some problems with the
countywide plan. It was the consensus of the Commission a letter be prepared for
the Mayor's signature which would attach the report provided by city staff to the
City Commission and this be carbon copied to all municipalities.
ITEM: Sign DamaQe from the April 25th Storm
Jim Polatty, Planning and Development Director, reported due to the April
25th storm, several businesses totally lost their signs. They are now requesting
temporary signs until such time as they can reinstall their signage. He is
recommending staff be allowed to issue permits for temporary or portable signs
for these businesses for a period of thirty days and at the time they apply for
these permits they will sign an affidavit which will state their new signs will
comply completely with City Code. It was emphasized this is addressing signs
that have been destroyed, not signs where panels have been blown out or have
minor damage.
Discussion ensued regarding whether or not this should be done and it was
indicated the alternative is that the business would have no sign for whatever
period of time it would take to reinstall their lost signage. Mr. Polatty
indicated he felt that only five to ten signs would be at issue. Consensus of
the Commission was to allow permits for the temporary signage with the signs to
remain thirty days from today's date. .
Ordinance #5097-91
The proposed ordinance changes the name of the Clearwater Executive Airpark
to Clearwater Airpark and redefines certain terms and deletes obsolete language.
The City Clerk has expressed concern regarding the provisions of the Code which
requires nominations of memberships to be presented by certain organizations.
She indicated she is fortunate to receive even one name when there is a vacancy.
It was the consensus of the Commission to delete the nonlination process and to
have the ordinance provide for five members appointed by the City Commission.
Questions arose regarding the use of the term uairport authority". It was
the consensus of the Commission to leave the name as is and to have definitions
where needed.
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, Kathy Rice, Deputy City Manager, reported medical standards for admission
into the pension plan has run into difficulties due to the American with
. 0 i sab i 1 i ty Act. She stated staff is work i ng to try and comp 1 ete these standards.
She provided a legislative update stating the billboard legislation appeared to
be dead for now but it could resurrect. '
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She reported Jim Massie, the City's lobbyist, believes the session will go
until the end of the week and there are concerns regarding legislation regarding
impact fees, although it is better than the original proposed bill. .She stated
representative Muscarella has tried to get the 50% rule regarding redevelopment
on the,beach to be addressed but has been unsuccessful. She stated the mandates
legislation is still alive and that legislation regarding affordable housing may
pass. She stated they are watching two bills regarding police and fire pensions
which could negatively impact the City.
A question was raised regarding the April 25th storm damage and its impact
upon the City budget. It was indicated most of this should be covered by
insurance. The extent of the damage to the traffic engineering computer system
was not known at this time. Ms. Rice indicated staff worked well and everyone
did a good job. In response to a question, Ms. Rice indicated she felt the
overtime would be covered by the budget, not insurance. The Mayor indicated
everyone said that it was amazing how well staff responded to the emergency
situation. The City Manager indicated he anticipates certain overtime but right
now it is not unsurmountable. ,The clean-up will be pursued as quickly as
possible.
Concerns were raised regarding the amount of damage caused by rocks being
blown off roofs and whether or not there was any way to implement code
requirements that would alleviate this problem in the future. It was indicated
this would be very difficult to do.
The City Attorney reported he would be sending out a summary of the Gift
Law revisions which will include a quarterly reporting requirement.
The meeting adjourned at 11:47 a.m.
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