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09/16/1991 CITY COMMISSION WORK SESSION September 16, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Michael J. Wright City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:12 a.m. Fred Mills of the Water Pollution Control Division of the Public Works Department was presented the Employee of the Month Award for September, 1991. Extension of contract for purchase and installation of carpet with Towne Carpets, Clearwater, FL, for the period 10/8/91-10/7/92, for an estimated total of $33,250 (AS) In October 1991, the Commission approved a contract to purchase and install carpet in various City building as needed. Towne Carpets has satisfactorily provided and installed the City's standard carpet throughout the year. The carpet utilized has proven to be both durable and easy to maintain. Towne Carpets has agreed to extend current prices for one additional year even though costs have risen 3 percent. This is the first extension of the contract as authorized under specifications of the bid. The City Manager stated improvements in the annex are considered very carefully before approved. In response to questions, it was indicated the carpet is not bought all in one lot. This contract fixes the price and the City is not obligated to buy all the carpet that was estimated. The price also includes the pad for the carpeting. Third Quarter Budget Review: (AS) a. Ord. #5140-91 - Operating b. Ord. #5141-91 - Capital Improvement The Third Quarter Budget Review is based on nine months of activity in the 1990/91 fiscal year. It was questioned whether or not the interest funds transfer would be taken into account in the proposed utility rate calculations. The City Manager responded the interest earnings will be used to complete the water system project and would not be part of the rate calculation. Discussion ensued regarding the water rates and it was indicated the City is receiving less revenue due to water restrictions. It was stated the rate structures are being analyzed carefully and there will be several options presented to the Commission. A suggestion was made for using run-off water for irrigation. The City Manager stated this is being considered but it will take a secondary water system to deliver the treated water throughout the City. Tina Wilson, Acting Budget Director, indicated the third quarter does reflect the settlement for the Clearwater Pass Bridge from Appalachian Insurance Company. The City Manager pointed out an item which will allow the purchase of generators for emergency situations. In response to a question, he indicated improvements at the central counter at the annex were considered carefully before they were approved. A question was raised regarding the generators and whether or not they were truly needed. The City Manager reported that during the April 25th storm, it was found that many police officers were tied up at intersections where the traffic lights were non-operational. These generators will be placed at strategic intersections in order to allow the police to be able to handle other items. It was stated this would not be used except for in those instances where the power will be out to these locations for a protracted amount of time. Some concern was still expressed regarding whether or not this was truly needed as the City does not have that many emergency situations. Concern was raised regarding the transfer of funds for the Nagano Sister City activities into the special project fund. It was indicated it was not known that the Mayor of Nagano was coming to Clearwater until after the budget had been prepared. Concerns were expressed that these types of items have always been approved prior to any amendments being made. It was the consensus of the Commission to address this issue as a separate agenda item prior to the third quarter being acted upon. Maas Brothers Property Citizens Task Force - establishment and appointment of members (ED) The City made an offer on September 5, 1991, to purchase the Maas Brothers property. It is the Commission's wish a Task Force be established to study potential uses for the property and make recommendations on such uses in the event the City is ultimately successful in acquiring the property. Staff recommends the Task Force be made up of 15 members who are either Clearwater residents or own property in Clearwater. The City Manager indicated he would be asking the Commission to agree on the mission statement and that each Commissioner appoint three members to the task force. A question was raised regarding whether or not any Commission members had individuals they were considering so as to not have duplication. Commissioner Fitzgerald indicated he plans to appoint Bob Kennedy; Commissioner Berfield - Debra Weibel; Commissioner Regulski - Jackie Tobin, Wray Register, and Phoebe Moss; Commissioner Nunamaker - Joanne Faruggia and Bob Bickerstaffe. The City Manager indicated the Economic Development Director, the Parks and Recreation Director and the Public Works Director will be working with this group. Commissioner Regulski handed out a packet of information that included some ideas for the task force to consider. The City Manager indicated the first meeting or two would be used as organizational meetings. A question was raised regarding whether or not the mission statement should include the fact that the task force will be responsible for receiving public input. It was the consensus to add such a statement. In response to a question, the City Manager indicated staff will be available to the task force to provide information, not guidance. Information on costs for various options will also be provided. C.O. to installation of Phase I, Pasco extension 6" gas main, increasing the amount by $15,366.25 for a new total of $57,804.55 (GAS) There have been changes in the permit requirements by the issuing agencies, Pinellas County and State Department of Transportation (FDOT) regarding this project. The City was notified of the permit changes after the project had been bid and approved by the Commission. The FDOT returned an approved permit moving the location of the proposed gas main on Alternate US19. This new location put the gas main at the bottom of a drainage ditch, which required extensive wellpointing to allow for wet conditions during construction and additional sod to restore the banks of the ditch lane. Pinellas County also returned an approved permit for the County section of this project requiring sod in the right-of-way instead of seed and mulch contrary to the usual requirements for past projects. To avoid changes and cost increases in future bids created by State and County permitting requirements received after the bid, the Gas System is investigating the option of establishing a set construction starting date for future projects requiring State and County permits. A question was raised whether or not the Gas Division works with developers to provide gas to new developments. Terry Neenan, Gas Superintendent, indicated they do attempt to do this but sometimes it is difficult as there are different builders in the same subdivision. It was indicated there were some arrangements where the developer is responsible for the initial payment for the gas lines and as people add on, his payment is reduced. The City Manager indicated he is interviewing for General Manager of the Gas Division. He is looking for someone with strong marketing and management skills. A question was raised regarding the change order and it was indicated that due to the required relocation of the line by the County, sod was required rather than seeding; well pointing was also necessary. This was not known at the time the contract was awarded. Contract for burglar and fire alarm services on a month-to-month basis for up to six months to Maire Co., Clearwater, FL, for an estimated $9,000 (GS) The Maire Company has installed alarm systems in 27 City facilities which are the property of this company. They have provided this service for a number of years. Due to the length of time this company has been providing this service, staff desires to go to bid for burglar and fire alarm monitoring services. In order to have time to formulate specifications, go to bid and evaluate bid submissions, an extension of the contract with Maire is needed beyond the September 30, 1991 contract expiration date. A concern was raised regarding an event at the annex at which a door was left unlocked and a fax machine was stolen. The City Manager indicated he has asked the Parks and Recreation Director and the Public Works Director to work together to address security concerns at the annex. In response to a question regarding all city buildings, the City Manager indicated each building has a department that is responsible for making sure the doors are locked at the end of the day. One-year extension to existing annual contract to purchase miscellaneous cast iron meter/valve boxes, lids, covers, etc. from Sunshine Foundry and Machine Company, St. Petersburg, FL, for the period 10/1/91-9/30/92, for an estimated amount of $35,704.11 (PW) The number of vendors who can supply this material is very limited and the quality of the products varies greatly. The City has dealt extensively with Sunshine Foundry and Machine Company in the past and the quality of the material and level of service have been excellent. Materials will be purchased as needed during the contract period with a Water Division inventory code and placed into stock in the warehouse. As it is withdrawn, the material will be charged to the appropriate Operating or CIP budget code. A question was raised regarding how many cast iron meter boxes are in the City versus fiberglass. It was indicated a majority of the City's meter boxes are cast iron as there has been a poor record for the durability of fiberglass. Contract for Morningside Recreation Center Building Renovations to Par Builders II, Inc., for $71,000 (PW) The Morningside Recreation Center building has served the citizens of Clearwater for the past six years. The building was purchased in 1985/86 and renovations were completed to the top floor of the center in late 1986. The downstairs portion of the building was painted, and minor renovations have occurred over subsequent years. However, due to heavy use of this facility, additional enclosed multipurpose room space is needed to handle recreation classes, meetings, day camps and other recreation activities. A question was raised regarding the expenditure of $13,000 for architectural services for a basketball court. It was indicated that amount includes the architectural work for the renovations to the buildings. Financial Plan for accomplishing the City's Wastewater Treatment and Sanitary Sewer construction needs (PW) The City, in order to meet its responsibilities as owners and operators of its sanitary sewer utility system, and in recognition of its desire to protect the environment, needs to accomplish certain physical improvements to meet this goal and to abide by applicable regulatory requirements. Physical features include: complete all construction at the Marshall Street, Northeast and East AWT Plants per contract plans, specifications, and change orders; install a cost-saving electrical generator at the Marshall Street and Northeast Plants; install sludge treatment facilities at the Northeast Plant (to serve all three plants) in accordance with new FDER sludge regulations; install new effluent outfall at the East Plant; install new septage handling depot at the Northeast Plant; and replace the old and deteriorating sanitary sewer interceptor line serving the Marshall Street Plant. The Public Works Director reviewed the physical features of the program needed in order to complete the City's wastewater treatment and sanitary sewer construction needs. He stated after the Advanced Wastewater Treatment Plant contracts were awarded, it was decided generators were needed at two plants in order to have savings over the long run and new rules regarding sludge regulations were issued. Also the State required the outfall at the East Plant to go further out into the Bay. It was also decided a depot to accept septic tank haulage was needed at the Northeast Plant. It was stated that the monies requested are on hand but the codes are being rearranged. The City Manager indicated it will cost more for sludge treatment than had been anticipated but once the City has completed this project, the City will be able to dispose of the sludge anywhere where as other agencies will have to find other sites for disposal. The Public Works Director indicated if this item is approved, the budget transfers will still come forward to the Commission for approval as needed. A concern was expressed regarding the possibility of an odor problem at the Northeast Plant, particularly in light of the septic tank haulage depot. It was indicated the City has the best odor control available and the treatment of the sewage is all done inside buildings with this odor control. It was indicated that in the long run, the City will be saving money through major cost avoidance. It was also indicated the $3 million needed to complete this project will come out of capital surplus rather than having to have issued a $53 million bond issue. Contract to purchase Holiday decorating services over a 4 year period (12/1/91-1/15/95) subject to annual fund availability to Clark Sales Display Inc., for a total of $57,411.60 (PW) Bill Baker, Public Works Director, indicated Gardner Smith, Assistant Public Works Director for Infrastructure, had conceived of this idea and credited him for a good job. The City Manager indicated the City will essentially be leasing holiday decorations. Gardner Smith reviewed the steps taken in preparing for this, stating when he took over the lighting section, he reviewed the effort needed to install holiday decorations every year, decided it was exorbitant and looked for an alternative. In response to questions, it was indicated the City will not be using its own decorations but rather leasing the decorations from the company. Mr. Smith reviewed the proposal stating decorations will be placed on Cleveland Street in downtown from Myrtle all the way out the Causeway. He stated the decorations that had been placed on Coronado will no longer be done. Mr Smith further indicated he has agreed to eliminate an electrician position once a vacancy occurs. In response to a question, he indicated the decorations were to be put up on December 1st and removed by January 15th. ITEM: The bridge at Betty Lane and Palmetto Street The Mayor raised a question regarding when this bridge replacement would be completed as children are having to go out of their way in order to get to school. The Public Works Director reviewed the problems stating the bridge was removed prior to it really needing to be and then due to heavy rains, the contractor could not complete the work. He will get information regarding when the project will be completed. Bill Baker, Public Works Director, introduced Peter Yauch who has recently been hired as the Assistant Public Works Director/Traffic Engineering. The meeting recessed from 10:38 a.m. to 10:49 a.m. Public Hearing & First Reading Ord. #5123-91 - Relating to nuisances; amending Secs. 95.05, 95.07 and 95.08 (lot clearing)(PLD) The proposed ordinance has been prepared in order to streamline the process for lot clearing violations. The draft ordinance proposes: 1) The MCEB would hear only those cases in which property owners elect to appeal the notice of violation; 2) The minimum time required for posting of lot clearing violations would be reduced from 21 days to 10 days. Within the 10 day period, the property owner would be required to either clear the property or file a notice of appeal to the MCEB. If the owner fails to do either, the City Manager may authorize entry upon property and take action necessary to remedy the violation at the owner's expense. In addition, the owner would be responsible for the payment of an administrative fee to offset staff costs for inspections, notices, case preparation, communications, photographs, billings, and certified mailing; 3) The 30 day grace period for storage of inoperative vehicles on residential properties would be eliminated; and 4) The administrative costs have been increased to $200.00 reflecting present actual costs. On August 14, 1991, the MCEB reviewed the ordinance and recommended it be approved as proposed. On September 3, 1991, the Planning and Zoning Board reviewed the ordinance and recommended the ordinance be approved subject to the following: 1) repeat violators be subjected to a penalty; in particular, the Board suggested the administrative fee be increased for repeat violators, and 2) the abatement/appeal period be revised to allow property owners 10 days from the date of signature on the returned certified mail receipt to either comply or appeal and, in the event the notice is not signed or not able to be delivered, the abatement/appeal period would end 21 days after the date of posting. Staff agrees with the Planning and Zoning Board that repeat violators should be subjected to a penalty, but does not agree that increasing the administrative fee is the appropriate avenue to accomplish this. Staff recommends instead that an additional amendment to the Code be processed that would empower the MCEB to levy fines upon repeat violators in accordance with the provisions of Section 22.67 of the Code. To date, the MCEB process applicable to lot clearing has been strictly remedial in nature, not punitive. Staff does not concur the Planning and Zoning Board recommendation to allow as long as 21 days after the date of posting to abate lot clearing violations. It is staff's position that there exists an expedient government need to abate lot clearing violations. Staff recommends 10 days to abate such violations. It was emphasized once the violation has been cited, the lot is already overgrown and has usually been there for some time. Commission consensus was ten days was sufficient. A question was raised regarding trailers being used as storage outside of buildings and it was indicated this is in violation of the land development code and will be investigated. A question was also raised regarding rotating signs and which ones had been grandfathered. This will be researched. Public Hearing & First Reading Ord. #5129-91 - Amending Sec. 72.15, relating to closing hours of alcoholic beverage establishments (PLD) The City Police Department has identified a practice concerning the service and consumption of alcoholic beverages which, in effect, "gets around" City regulations concerning alcoholic beverages. Some restaurants, nightclubs and taverns permit the service and/or consumption of alcoholic beverages after the time period (generally 2:00 AM) specified in the code for alcoholic beverage sales has passed. For example, a pitcher of beer sold at 1:59 AM may still be consumed at 3:00 AM under the current code. The proposed ordinance would simply impose the same conditions for alcoholic beverage service and consumption as are currently imposed for alcoholic beverage sales. A question was raised regarding what would happen if the establishment locked the doors and became a private club after 2:00 a.m. It was stated staff did not feel this was an option due to State law. A question was raised regarding two establishments giving beer away when they could not get an alcoholic beverage license. It was indicated this is not illegal as long as the patrons are not required to buy anything in order to receive the free alcoholic beverage. It was indicated that of the two establishments doing that, Lucia by the "C" has received their license. The denial of Britt's parking variance was upheld by the hearing officer and they are still unable to receive their license and they are still giving away the alcoholic beverage. The police department is monitoring this situation. Approve the Clearwater Housing Affordability Strategy (CHAS) prepared by staff of Pinellas County Consortium and forward to the Department of Housing and Urban Development (PLD) Preparation of a Housing Assistance Plan (HAP) has been a requirement for Community Development Block Grant (CDBG) funding. In early 1991, the Federal legislation was revised to replace the HAP with the Comprehensive Housing Affordability Strategy (CHAS). Clearwater, Largo and Pinellas County formed a consortium for the purpose of eligibility under the HOMES grant program; therefore the CHAS must be prepared on a consortium-wide basis. The HOMES grant program will replace several existing programs. The HOMES regulations have not yet been published. The Clearwater portion of CHAS includes the current efforts in new construction and rehabilitation goals for assistance to elderly, homeless and rental populations, and a summary of the efforts of private non-profit housing agencies. Annual updates are required, and the entire CHAS must be revised every five years. CHAS was the subject of a combined meeting of the Consortium Neighborhood Advisory Committees on August 21. The Clearwater Neighborhood Advisory Committee met on September 10 to review CHAS. The NAC recommended approval with the following revision: Page 20 of Appendix 4 be amended to delete the following sentence: "Such housing should also be placed in areas away from existing housing projects, areas of high minority concentrations and areas designated as subject to flooding". Consensus of the Commission was to remove this statement. It was stated there is really nothing new in this report but is a restatement of goals and programs. Variances to the Sign Regulations for property located at 323 Jeffords St., Sec. 21-29-15 (Morton Plan Hospital Association, Inc. SV91-18)(PLD) The applicant's first request is for permission to install two business identification wall signs of 24 sq.ft. apiece for the Women's Center. The second request is for permission to install an additional 9 sq.ft. on 29 new directional signs throughout the hospital property identifying parking areas and facility centers. These directional signs are to be mounted on poles with a maximum height of seven feet. In reviewing code requirements for the first request for two business identification signs, staff was unable to locate specific language addressing such signage for a multi-use, campus-style hospital like Morton Plant. The various hospital centers/services are not "freestanding business establishments" as defined by the code, neither does the hospital fit the "retail center" or "office center" categories due to its size (greater than 25,000 sq.ft.). Consequently, Morton Plant has been defined as a "shopping center" for the purpose of business identification sign requirements. The sign regulations specify that in a shopping center district major tenants of the center may be permitted a sign with a maximum surface area of 128 sq.ft. All other tenants are allowed a single sign with a maximum surface area not to exceed 48 sq.ft. The applicant is requesting a total of 48 sq.ft. of signage, but provided in two 24 sq.ft. signs. In reviewing the code requirements for the second variance request, staff had to consider the historical development of the hospital and other public institutions as well as the code. The sign regulations specify that directional signs shall be allowed and are exempt from having to obtain permits provided they: 1) contain no advertising, 2) are placed solely for the purpose of directing the public, and 3) do not exceed three square feet in size. The wall signage request is in compliance with the proposed Countywide Sign Code, while the directional sign request is not. Discussion ensued regarding the variances requested for the directional signs with it being stated staff feels that three square feet of size is sufficient. In response to a question, it was indicated several of the signs are not along public right-of-way. The signs are not lighted in any way. The City Manager questioned if the Commission was comfortable with the interpretation of staff to use the "shopping center" category for the wall signs as there is not a niche for the hospital situation in the code. The Planning and Development Director indicated he would be proposing an amendment to the code to address this problem. In response to questions regarding if an office classification had been used, it was indicated the maximum size of sign would be 24 square feet. The shopping center category will allow a maximum of 48 square feet which the hospital is not exceeding but they wish to divide the square footage into two signs instead of one. Their was no objection expressed to the classification. Variances to the Sign Regulations for property located at 101 N Starcrest Dr., Sec. 13-29-15, M&B 11.07 (Roger Bouchard Insurance SV91-19)(PLD) The applicant is requesting: 1) an additional (second) property identification sign of 33.75 sq.ft. in addition to the one per property allowed; and 2) an increase in the permitted size of such sign for a Limited Office district from 24 sq.ft. to 33.75 sq.ft. The applicant has a single building on his 3.4 acre parcel, which borders Starcrest Drive, Main Avenue and Cleveland Street (total continuous street frontage of 1301.46 ft.). The applicant presently has an approved 48 sq.ft. property identification sign ( a wall sign) facing Main Avenue. The applicant also has two pole signs, which are 7 feet tall (on Main) and 7.5 feet tall (on Starcrest). Because of their height, these pole signs are considered to be equivalent to ground signs. Sec. 134.010(d) permits one additional ground sign of up to 24 sq.ft. for each 500 feet increment of continuous frontage. "Roger Bouchard Insurance, Inc." has a surface area of 24 sq.ft. The other sign faces are approximately 4 sq.ft. each. The applicant is agreeable to removing the smaller sign faces from these signs which will reduce them to an allowable size of 24 sq.ft. each. There are also two, previously authorized, small business identification signs on the building. The variances requested are to legitimize the existing, masonry ground sign on Starcrest Drive. The applicant's property fronts on three streets, and the sign on Main Avenue does not provide identification of the property from either Cleveland or Starcrest. This is an example of a property running the full width of the block with frontages on multiple streets. The request for adequate signage for identification from both street frontages (Starcrest and Main) is reasonable and in keeping with the purpose of the sign regulations. This request has been reviewed in terms of the proposed Countywide sign code and is in compliance with that code. Questions were raised regarding if another wall sign was erected and the ground sign taken down, if the signs would then be in conformance. It was indicated this would meet the requirements of the code and no variance would be necessary. The applicant is requesting to keep the signs that they have and removing portions of two of the ground signs. It was the request of the Commission that staff approach the applicants to see if they would be willing to erect a wall sign and take down one ground sign. Review Interlocal Agreement with Pinellas County and refer to City Clerk to be advertised for public hearing (PLD) In 1985, the City adopted its Future Land Use Plan Map which included the unincorporated areas within the planning service area for the City. These areas are targeted for future annexation, therefore, they were shown with the appropriate City Future Land Use Plan designations. However, approximately three years ago, the Florida Statutes required the City to change its map to show the unincorporated areas as being Unclassified, thereby requiring a Land Use Plan Amendment each time a property is annexed into the City. This places an unnecessary burden on the individual property owners and is not the most time and cost efficient procedure for the State and local planning agencies. The alternative is an interlocal agreement in accordance with Chapter 163 of the Florida State Statutes. In response to a question, the Planning and Development Director, indicated this will allow the City to handle the problems the City has faced in the past with not being able to show properties within the City's planning service area on the land use plan. He stated the County had a concern that the City had proposed an agreement that addressed only the Countywide Plan, not the County plan. Questions were raised regarding the City's agreement with Safety Harbor regarding not crossing McMullen-Booth Road. The City Manager indicated he has had discussions with Safety Harbor's City Manager regarding a parcel on the east side of McMullen-Booth to which Safety Harbor wants the City of Clearwater to provide utility service. The City Attorney reported there had been an agreement, one of the cities did cross the road and annex, the other city sued and lost, therefore there is no agreement. Preliminary Site Plan for O'Keefe's Restaurant located on the SE corner of S. Ft. Harrison Ave. and Jeffords St. at 1219 S. Ft. Harrison Ave., 1.36 acres (Duquesnay)(PLD) With the exception of a single family residence in the southeast corner of the block, the restaurant site occupies the entire block bounded by Jeffords Street on the north, Grand Central Avenue on the south, S. Ft. Harrison Avenue on the west, and Hamlet Street on the east. The property is zoned Limited Industrial. O'Keefe's Restaurant operates with a 4-COP-SRX alcoholic beverage license. A conditional use will be required for the expansion of the restaurant prior to review of the final site plan by the Development Review Committee. In response to a question, it was indicated there are no concurrency problems because they are removing some of the facilities and adding parking. A question was raised regarding the warehouse and the Planning and Development Director indicated they are asking O'Keefe's to address what their plans are for that building and to landscape it. ITEM: Clarification regarding the Rooms to Go sign variance The Planning and Development Director indicated at issue is a strip of neon above and below the sign which was shown on the plans submitted by the applicant but not specifically discussed at the public hearing. He stated the measurements of the sign did include the neon strips. A question was raised regarding neon being allowed on buildings all over the City and it was indicated it has been the interpretation that most of the neon used is for architectural features, not signs. It was emphasized the letters will still not be back lit. Consensus of the Commission was there was no problem with the neon strips. The Mayor questioned a memorandum which had been distributed regarding Pinellas Planning Council rules. It was indicated this was a status report and the rules are still under development. The City Attorney reported he would be absent from Thursday night's meeting and Assistant City Attorney Dick Hull would be filling in for him. Res. #91-37 - Dedicating portion of Frank Tack Park located in Sec. 1-29-15, as additional r-o-w for Sunset Point Rd.; authorizing conveyance to Pinellas County of temporary right of entry over portion of park property located N of and adjoining additional r-o-w A question was raised regarding how this would effect the park. Staff will provide a map. Other Commission Action Commissioner Regulski reported regarding the actions taken by the Metropolitan Planning Organization (MPO) at its meeting last Wednesday. He stated the TIP program has been altered to include the City's projects with properly corresponding with dates, etc. The issue of the alignment of Alternate US19 has been tabled until new projections regarding traffic volumes can be developed. Projections being used were 10 to 12 years old. He also indicated the MPO took the position that there are enough six lanes through the County and that consideration of providing six lanes on Belcher will be delayed until the impact of other road improvements can be assessed. Commissioner Berfield questioned whether or not any Commission members are going to the National League of Cities. Discussion ensued regarding the need for a representative at this meeting. It was the consensus of the Commission that City of Clearwater representation was not essential at all of these conferences. Commissioner Nunamaker raised the issue of the water bill for the Flemings expressing concern regarding how the bill could have gotten to close to $600. The City Manager explained how a water meter worked stating that it was highly unlikely that a water meter can speed up but they can slow down. The old meter was tested and found to be in working order. A new meter has been installed. Discussion ensued regarding where the excess use could have occurred. The City Manager indicated as best as can be told, the excess was between May and June and when the water use registered high, some individuals looking at it thought it was in error and reduced it by a 100 units. A new lawn was installed and the Flemings have admitted to having watering, however, it was still questioned whether or not this much excess water could have been used. The City Manager emphasized they had tested the meter and it was found to be accurate and human error had been made in the billing process which delayed two months the higher bill that should have been sent. The City Manager stated he believed the water being billed had gone through the meter. It was also indicated the excess water included sewage charge. The City Manager stated he is sending a letter to the Flemings indicating if they can document the new lawn, they will get a credit for the sewer portion of the bill which could amount to a couple of hundreds of dollars. Mayor Garvey expressed concern regarding issues going to the Tampa Bay Regional Planning Council (TBRPC) and stated it was felt this council was trying to micro-manage city governments. General discussion ensued regarding this and it was stated this is also a problem with the Pinellas Planning Council (PPC). It was indicated the Commission has a policy that when possible, Commission members serving on these boards will receive Commission input, otherwise, they have to act to the best of their ability in the City's interest. Mayor Garvey reported Robert Levison will be resigning from the Clearwater Housing Authority and asked if any of the Commissioners had names to be considered, they be submitted to her. The Mayor questioned the status of the Stowell sewer line item. The City Attorney reported he is trying to resolve it without a lawsuit. In response to questions as to why he was pursuing this in this manner, he indicated he thought it would be faster than pursuing legal action. Concerns were expressed that a great deal of time had already elapsed in trying to resolve this problem. Consensus of the Commission was for the City Attorney to proceed with legal actions while he continues to try and negotiate a settlement of this issue. It was the consensus of the Commission to reschedule the evaluations of the City Manager and City Attorney until after the special meeting scheduled for September 27th. The meeting adjourned at 12:15 p.m.