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03/18/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER March 18, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner-elect Absent: Ed Hart Vice-Mayor/Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Four service awards were presented to City employees. Ami Beery, Customer Service, was presented the February 2002 Employee of the Month award. The Commission recessed from 9:12 to 9:28 a.m. to meet as the Community Redevelopment Agency and Pension Trustees. PUR PURCHASING 1) Purchase two 2002 Chevrolet Silverado 3500 cab and chassis with dump body, Maroone Chevrolet, $61,058. 2) Purchase 2002 Chevrolet Impala sedan, Gerber Auto Mall, $17,039. 3) Purchase 2002 Chevrolet express 2500 cargo van, Maroone Chevrolet, $15,761. 4) Purchase contract – Ultra chlor 12.5% sodium hypochlorite during the contract period: April 1, 2002 through March 31, 2004, Odyssey Manufacturing Co., $200,000. 5) Service contract – 800 MHz radio system maintenance during the contract period: April 1, 2002 through March 31, 2003, Communications International, $100,284. 6) Purchase storage area network consisting of Xiotech Magnitude with Bullfrog backup device (hardware) and Veritas software, Integrated Mass Storage Sys., $225,018.18. In response to a question regarding Item #4, Public Utilities Director Andy Neff said this purchase of a liquid form of chlorine is tied to the planned Countywide water disinfection conversion. In response to a question regarding Item #5, the City Manager said only the Police Department uses Ericsson. In response to a question regarding Item #6, Information Services Director Dan Mayer said storage on a single device provides better service backup. In response to a question regarding Item #6, Purchasing Director George McKibben said the Chevrolet Impala replaces a special use vehicle. BU BUDGET First Quarter Budget Review General Fund expenditure amendments reflect a net increase of $296,470 at first quarter. This increase is due entirely to one-time allocations of retained earnings, totaling $302,990: 1) $250,000 – Bayview Park - Commission approved in August 2001; 2) $40,000 – Jack Russell Stadium – Commission approved in October 2001; and 3) $12,990 – equity adjustments in Legal Department – Commission approved in February 2002. To ensure adequate reserves, the Commission policy requires that General Fund unappropriated retained earnings of 8% of the City’s budgeted General fund expenditures must be maintained as a reserve. With the closing of the year-end 2001 books, and the allocation of above noted reserves, staff estimates General Fund reserves at first quarter to be $11.2-million, or 12.7% of the current year’s General fund budget, exceeding policy by more than $4-million. Significant amendments include: 1) Stormwater Fund – $806,850 increase in budgeted expenditures and $1.3-million increase in budgeted revenues – recognizes November 2001 Commission approved rate increase/related operating amendments and February 2002 Commission approved restructuring of stormwater capital projects; 2) Gas Fund - $752,190 increase in budgeted expenditures due to increased fuel costs – to be offset by more than $1.6-million in anticipated revenues from sales and interest earnings; 3) Parking Fund - $155,700 transfer of estimated receipts on County lots to offset receivable representing Pinellas County’s share of cost of new meters installed at County facilities. Revenues to be transferred instead within Parking fund to pay down County receivable. When FY (fiscal year) 2001/02 budget was adopted, gross revenues from County facilities were included, but adjustment of receivable was not reflected in the Parking fund budget; 4) Central Insurance Fund - $360,050 allocation of retained earnings from the Central Insurance Fund for property, casualty, and liability insurance premiums, approved by Commission in September 2001; 5) Capital Improvement Fund - $162,633 net increase – most amendments result from restructuring Stormwater projects approved in February 2002. Only significant amendment not previously approved by the City Commission is the allocation of year-end 2001 cash balance of the CRA (Community Redevelopment Agency) Fund to the Downtown Redevelopment project. This routine transfer occurs annually; and 6) Special Program Fund - $2,915,618 net increase – amendments recognize $1.6-million in grants for Public Safety programs, including nearly $1-million grant for neighborhood policing initiative for homeless, and LLEBG and HUD grants for FY 2002. Other significant amendments reflect more than $818,000 in reimbursements from outside agencies for police outside duty services and special event services. Other smaller grant receipts, along with fines and court proceeds, donations, and sales within specific programs make up the balance of the budget increase. In response to a question, Budget Director Tina Wilson said sales and telephone tax revenues have not flowed as quickly as anticipated, but are expected to meet annual budget projections. Staff anticipates its receipt of communication tax revenue will meet or exceed projections even though the State changed its communication tax allocation method. Ms. Wilson hoped the shortage of sales tax revenue will be offset by fiscal year end and did not propose an amendment at this time. Budget Process Update Ms. Wilson said staff is submitting budget requests earlier this year and will review program options for savings between 5% and 10%. Staff is working to understand issues related to September 11, 2001. Capital Improvement Projects for the next 6 years will be budgeted. It is difficult to anticipate personnel costs until union contracts are negotiated. She recommended at the next meeting, the City Commission schedule a budget workshop to identify budget policy strategies and priorities. The preliminary tax value estimates will be available in May. As personnel costs make up 70% of the City’s budget, he said identifying candidates for cuts is a necessary process. The City Manager’s budget is planned for release on June 14, 2002. The City must provide its proposed millage to the County by July 18, 2002. DS DEVELOPMENT SERVICES Public Hearing & First Reading Ord #6932-02 relating to Residential Rentals, creating Article 3, Division 23, Community Development Code for applicability and restrictions, and amending Appendix A, regarding occupational license fees, code of ordinances; and approval of a new Residential Rental Compliance Notice Requirements for Minimum Applicable Standards form to be filed at the time of occupational licensing. According to the 2000 Census, 38% of Clearwater’s 56,802 housing units are renter occupied. Many single-family residences provide rental income for property owners. The Code requires occupational licenses for the rental of two or more residential units, but does not include single unit rentals. The current license fee is $27.50 for two or more rental units, plus $1.55 for each unit over 5. Many rented single-family residences, along with other multiple residential rentals do not comply with the City’s housing, nuisance, and property maintenance codes. It often is difficult to enforce the Code on residential rentals. Tenants often are reluctant to alert the City regarding code violations in fear of retaliation from property owners. Inspections usually are restricted to the property’s exterior as it is difficult, timely, and costly to obtain permission and/or legal means to enter residences. Many residential units need maintenance. Staff is concerned they may be unaware of additional unsafe internal conditions. During the past year, staff has met several times with representatives from the Clearwater Chamber of Commerce, the Association of Realtors, the Coalition of Clearwater Homeowners Association, Bay Area Apartment Association, Tampa Bay Chapter of National Association of Residential Property Managers, individual owners of residential rental properties, and citizens for suggestions and recommendations in the formulation and implementation of a new Residential Rental Compliance Program. This focus group decided the purpose and intent of the Residential Rental Compliance Code is to clean up, repair stabilize, encourage revitalization, strengthen, and preserve City neighborhoods to create a safer, aesthetic, economically viable, and more livable community. The majority agreed on key points: 1) require occupation license for all rental properties; 2) revoke occupation license for violations of Housing and/or Community Development codes if preponderance of evidence demonstrates lack of responsibility on part of property owner to correct noticed violations; 3) unit(s) cannot be occupied if license is revoked; 4) violations issued Notice to Appear in County Court; 5) require occupational license applications to include local contact information, i.e. physical address for owners, property managers, etc. No Post Office box accepted. Note: property owner is responsible for violations noticed, not contact person, if different; and 6) Right-of-Entry permitted upon consent of property owner when Community Development Code and/or Housing code violations observed by inspector. Complaints may be reactive or proactive. In addition, the focus group recommended establishing inspection criteria to include fines for non-responsive property owners. During City inspections, if staff identifies three or more Code violations, a request for an interior inspection would be triggered. Property owners would be provided a reasonable time to comply with noticed violations. Property owners, not tenants, would be held accountable. The Development Services Director shall assess a $50 noncompliance inspection fee per unit inspected per re-inspection if any violation still exists, after allowance of a reasonable time period. The proposed ordinance was drafted from these key points and provides Code sections pertaining to the licensing, inspections, and associated fees for all residential rental units in the city. A Residential Rental Compliance Notice Requirements of Minimum Applicable Standards form also was drafted to use with the issuance of occupational licenses, allowing the city to require acknowledgment of the requirements by the property owner, and providing an avenue to pursue right-of-entry warrants. Development Services Director Jeff Kronschnabl reported the majority of his resources are spent in responding to a small percentage of rental properties that are problems. He commended the groups who collaborated in developing the ordinance’s key points. In response to a question, he said some realtors had expressed concern signing to acknowledge receipt of the City provided educational packet not be accepting responsibility for compliance. It was noted property owners must comply with Code anyway. In response to a question, Mr. Kronschnabl said the proposed ordinance will allow staff to revoke the licenses for rental properties that fail to meet minimum Code requirements. Owners of properties rented after a license is revoked will be referred to the Circuit Court with a notice to appear. The Court can fine property owners, or hold them in contempt if they do not comply with court orders. The proposed system will be more effective than current efforts. It was suggested “. . . have been given to me on this date” be added to the packet’s signature line. The importance of requiring single-family residential rental properties to be included in the ordinance was stated. In response to a question, Mr. Kronschnabl said the change should not increase staff enforcement time. Two persons expressed concern regarding the intent of the acknowledgment form. Assistant City Manager Ralph Stone said an educational process is planned. All properties must meet minimal housing standards. Consensus was to add “. . . have been given to me on this date” to the sentence following the signature line on the acknowledgment form. IT INFORMATION TECHNOLOGY Allocate $95,000 of undesignated retained earnings from the Administrative Services Fund, and award a contract to SEMCO Integrated Systems for the purchase and installation of building security equipment in an amount not to exceed $40,000 in accordance with the terms of State Contract #6802595-1. Security at the Municipal Services Building and City Hall needs to be improved to better monitor and control access and secure City-owned assets. At the Police Building, the City currently employs a card based security system, which uses photo Ids and electronic card verification to designate individual access within the Police Department building. This proposal will expand the City’s card system to accommodate the Municipal Services Building and back door of City Hall. Work to be performed by SEMCO Integrated Services ($40,000) includes addition of secured access to eight doorways at Municipal Services Building and one at City Hall, a fire crash bar to open the Municipal Services Building exit between the garage and Customer Service window, and all associate wiring integration. An additional $15,000 will be needed for Building and Maintenance staff to make all necessary hardware and structural modifications. The remaining $40,000 will be used to redesign the Customer Service Lobby/Cashier Counter in the Municipal Services Building to include relocating entrance doors inside lobby, installing safety glass at cashier counter, constructing walls and a service counter to limit access to operational areas, and improve customer interface. It was recommended staff review ADA (Americans for Disabilities) issues related to the plan to lock the west door of City Hall during the day. Information Services Director Dan Mayer recommended the rear door remain locked to discourage homeless use of lobby restrooms. It was recommended east and west doors remain open during business hours. Mr. Mayer said staff handles cash in the proposed secure counter area in Customer Service. The City Manager said September 11 provided the impetus to increase security at City buildings. LIB LIBRARY Declare surplus numerous miscellaneous items with a value of less than $500 each in the existing Main Library and authorize disposal through sale by the Clearwater Library Foundation. When the Main Library moves to its temporary location, many furnishings and miscellaneous items will remain in the current structure. Serviceable items will be redistributed to branch libraries and City departments. The Clearwater library Foundation will offer remaining items for sale, with proceeds supporting the Library. Items not sold will be included in the Main Library’s demolition, scheduled for April 2002. In response to a question, Library Director John Szabo said items to be sold will be of little value and of no use to City departments. PR PARKS & RECREATION Approve a contract to purchase real property legally described as Lot 1, The Clearwater Collection Second Replat, according to the plat thereof, Public Records of Pinellas County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot U.S.A. for price to be negotiated, authorize acceptance of the deed. PR Parks & Recreation Director Kevin Dunbar reported negotiations are ongoing and that this item is being pulled from Thursday’s Agenda. HSG HOUSING Authorize institution of foreclosure action against Kenneth S. Lamb for the property located at 1130 Palm Bluff, Clearwater, Florida for an amount of $5,760.11, pursuant to Chapter 173 of the Florida Statutes. Staff seeks City Commission authorization to institute foreclosure action against Kenneth S. Lamb for property at 1130 Palm Bluff, to recover $5,760.11 for a mortgage issued by the City, recorded August 4, 1988 in O.R. book 6805, Page 655, on which Mr. Lamb has defaulted. On January 25, 2002 and February 5, 2002, the City sent certified return-receipt demand letters instructing Mr. Lamb to bring his account current by February 22, 2002. The City received no response as a result of those letters. Staff has secured the vacant property. In response to a question, Assistant Housing Director Howie Carroll said the house is vacant and is not the owner’s residence. PW PUBLIC WORKS Adopt-A-Street Program Presentation – Muhammad Abdur-Rahim (WSO) Road and Drainage Superintendent Muhammad Abdur-Rahim reviewed the City’s Adopt-A-Street Program. He said the new application fee covers costs of installing signs identifying participants in the program. Volunteer participants are encouraged to clean trash from their section of road at least once every other month. Currently the program has 12 participants and 24 main arteries adopted. No minimum or maximum size of road segment has been established. Signs are installed at each end of the segment. It was noted program participants in Jacksonville are encouraged to clean trash every month. In response to a concern, Assistant City Manager Garry Brumback said staff feels paying the application fee, which only covers signage costs, is a sign of volunteer commitment. Amend the Capital Improvement Program (CIP) to increase the lease purchase budget by $20,490.80 in the Total Stations Replacement project and award a contract to Florida Level and Transit Co., Ft. Myers, Florida in the amount of $75,490.80 for the purchase of three (3) Leica TCRA 1103 Plus Extended Range Reflectorless Total Stations, in accordance with Sec. 2.564(1)(d), Code of Ordinances, GSA Contract #GS25F7037G and authorize lease purchase financing under the City's Lease Purchase Agreement. Total stations are precise surveying instruments with onboard computers that can determine and collect horizontal and vertical data instantaneously by optical and mechanical or motorized motion components. Current equipment and software are 10 years old and obsolete. Upgrades are not cost effective. The increased cost is due to hardware and software developments that enable field surveyors to be more productive and efficient, especially when interfacing with global positioning technology and its respective equipment for GIS (Geographic Information System) record keeping. In response to a question, City Engineer Mike Quillen reviewed use of the stations, which will computerize field surveys. Staff had budgeted for the system, but costs for state-of-the-art equipment have increased. The proposed system computes longer distances at increased speed, and will save staff time and reduce the need for consultant services. It was requested staff track related savings. Approve award of the Reservoir No. 1 Reverse Osmosis Water Treatment Facility (WF-032601) Reverse Osmosis Equipment Fabrication contract to Osmonics, Inc., Minnetonka, Minnesota, in the amount of $2,044,100, which is the lowest responsible proposal received in accordance with plans and specifications. This contract provides for fabrication and shipping of pretreatment and reverse osmosis equipment to 1657 Palmetto Street, adjacent to Reservoir No. 1, as part of the proposed RO (Reverse Osmosis) Water Treatment Plant. To expand its water production capacity, the City is pursuing construction of a RO Water Treatment Plant at Reservoir No. 1. Producing additional water will allow the City to purchase from Pinellas County less water, which is more expensive. Osmosis, Inc. will provide the RO process equipment during this phase of facility construction. Osmonics, Inc. also will be responsible for providing the pretreatment equipment, and a materials and operation warranty on the equipment and finished water quality. The equipment is designed to treat raw water at a minimum for the next 10 years as levels of chlorides, i.e. salts, in City production wells continue to rise. Over time, different membranes will be required to treat City ground water. Costs for replacement membranes are included in long-range budgets. A separate contract for the Water Plant building and related appurtenances will be forthcoming, and is estimated at $4.3-million. By purchasing the equipment separately and not embedding it in the construction contract, the City will save on the contractors mark-up, retain control of the equipment selection process, and expedite the construction process. This method provides direct access to the equipment manufacturer, which will benefit the City with a long term, direct relationship with the vendor. Work will commence upon award and execution of the contract. The fabrication of the pretreatment and reverse osmosis equipment will be integrated into the water plant, which is expected to be complete in summer 2003. On March 1, 2001, the City Commission adopted Resolution #01-07, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. Projects identified with 2001 revenue bonds as a funding source were included in the project list associated with Resolution #01-07. The City Manager reported one vendor did not meet specifications and protested the bill. The protest was denied at both levels. The City Manager is comfortable with the bidding process and recommended approval. Concern was expressed regarding the significant cost difference between bids. The City Manager said Osmonics, Inc. obtained prices from two licensed contractors for installation, and proposed numbers seem strong. Public Works Administrator Mahshid Arasteh said contract specifications will guarantee performance related to operating costs during the facility’s first year of operation. PLD PLANNING Public Hearing & First Reading Ord #6937-02, 6938-02, 6939-02 – Annexation, Land Use Plan and Zoning Atlas Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) ANX 01-12-30 PLD Planning Manager Gina Clayton reported if required impact fees are not paid, staff will request continuance of this item. Public Hearing & First Reading Ord #6946-02, 6947-02 – Land Use Plan Amendment and Rezoning for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of Section 17-29S-16E) (Excel Realty Trust) LUZ 01-12-09 As part of the redevelopment of Clearwater Mall, the developer proposed a land swap with the City for 1.27 acres of the 3.666-acre Fire Station 49 site at 520 Sky Harbor Drive. On February 7, 2002, the City Commission approved this land exchange, which provides the applicant with property that has better commercial visibility and allows the applicant to use part of the fire station site for part of a commercial building and related parking. The need for an updated fire station has been documented and the Fire Department previously budgeted Penny for Pinellas monies to construct a new fire station at its current location in 2004. The vacant, triangular, 1.27-acre site, on the east side of Sky Harbor Drive, is approximately 520 feet south of Gulf-to-Bay Boulevard. The property has a FLUP (Future Land Use Plan) classification of Residential/Office General (R/OG) and is zoned Office (O). The applicant proposes to amend the FLUP to designate this property Institutional (I) and to rezone it to Institutional (I). The proposed FLUP amendment and rezoning will facilitate the exchange process of the property between the applicant and City and will allow construction of a new fire station in this location. Staff determined the proposed land use plan amendment and rezoning are consistent with Community Development Code standards: 1) proposal is consistent with City’s Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with surrounding area; 3) sufficient public facilities are available to serve property; and 4) location of proposed Institutional boundary is logical and drawn with regard to location and classification of streets, ownership lines, and natural environment. The land use plan amendment is subject to approval by the PPC (Pinellas Planning Council) and Board of County Commissioners acting as the Countywide Planning Authority. The CDB (Community Development Board) unanimously recommended approval. In response to a question, Planning Director Cyndi Tarapani said the boundaries between zoning districts in the subject area are crooked, as they follow the access road skirting the mall property’s perimeter. The road is not public right-of-way, but has private ownership. Public Hearing & First Reading Ord #6948-02, 6949-02 – Land Use Plan Amendment and Rezoning for property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-16E) (Clearwater Mall LLC) LUZ 01-12-10 As part of the redevelopment of Clearwater Mall, the developer proposed a land swap with the City for 1.27 acres of the 3.666-acre Fire Station 49 site at 520 Sky Harbor Drive. On February 7, 2002, the City Commission approved this land exchange, which provides the applicant with property that has better commercial visibility and allows the applicant to use part of the fire station site for redevelopment purposes after a new fire station is constructed on the applicant’s site. The City will retain the remainder of the current fire station site and can sell it for development. The Fire Station site has a FLUP (Future Land Use Plan) classification of Institutional (I) and is zoned Institutional (I). The develop proposes to use the subject 1.27-acre site for parking, access ways, and commercial development. The applicant proposes to amend the FLUP to designate the entire property Commercial General (CG) and rezone it to Commercial (C). The proposed FLUP amendment and rezoning will facilitate the exchange process of the property between the City and applicant. Staff determined the proposed land use plan amendment and rezoning are consistent with Community Development Code standards: 1) proposal is consistent with City’s Comprehensive Plan; 2) proposed land use plan amendment and rezoning represent a logical extension of district boundaries; 3) potential range of uses and specific proposed use are compatible with surrounding area; 4) sufficient public facilities are available to serve property; and 5) location of proposed Commercial boundary is logical and drawn with regard to location and classification of streets, ownership lines, and natural environment. The land use plan amendment is subject to approval by the PPC (Pinellas Planning Council) and Board of County Commissioners acting as the Countywide Planning Authority. The CDB (Community Development Board) unanimously recommended approval. It was recommended rezoning be delayed for fire station property which will remain in City ownership. Ms. Clayton recommended all related zoning be updated at the same time. In response to a suggestion that the property could be used for bus passenger loading, Ms. Clayton said that issue will be addressed during the mall’s site plan approval process. It was stated the subject property has many mature trees and could be coordinated with the developers for a green space. The City Manager said staff has been working to create a development opportunity for the subject property and return it to the tax rolls. Staff has not identified the need for a park in the subject area nor budgeted for associated maintenance costs. It was felt the location is not feasible for a park and should be used for commercial development, with profits used to offset costs related to construction of a new stadium for the Phillies. Mayor Aungst expressed concern a questionnaire survey distributed on Island Estates appears to have come from the Mayor’s Office. That is not the case. The unknown author included many misstatements in opposition to the proposed NCOD. CLK CITY CLERK Appointment to the Community Development Board Discussion ensued regarding the appointment. It was requested staff identify which applicants are willing to accept the alternate position. Consensus was to delay appointment of the alternate position until April 4, 2002. City Manager Verbal Reports The City Manager said the envelopes used to distribute the questionnaire surveys referenced by the Mayor had return addresses of City Hall. He confirmed the City had not distributed the information opposing the Island Estates NCOD. Other Commission Action Commissioner-elect Hibbard noted the City had received many letters regarding the Clearwater Mall property and planned changes to the City’s tree ordinance. The City Manager said his letter, explaining the City’s position, will be published in the newspaper. He hoped the letter will allay citizen fears and concerns. Commissioner Gray said arborist Loren Westenburger supports proposed changes to the City’s tree ordinance to reduce the size of trees required to be planted. Changes will result in an improved tree canopy. Education is necessary to help the community understand that smaller trees will outgrow a larger one within a few years. Commissioner Jonson welcomed the City Commission to view the video, “Trees are our Treasure.” He presented photographs of trees on the Clearwater Mall property. He recommended trees be planted behind new mall property buildings to soften their rear view from Gulf-to-Bay Boulevard. Commissioner Jonson said the eligibility document to recognize the Courtney Campbell Causeway as a scenic highway is available for City Commission review. Commissioner Jonson referenced a letter to the editor and stated nothing has been done to encourage drivers to use their turn signals in the roundabout. He recommended this information be included in pamphlets and a sign on the approach. Commissioner Jonson said TBRPC (Tampa Bay Regional Planning Council) is concerned the legislature may cut its funding and requested a letter of support from the City. Consensus was to have the Mayor send a letter to Tallahassee in support of fully funding the TBRPC. Commissioner Jonson said it appears parking was under control at yesterday’s St. Patrick Day event O’Keefe’s. The City Manager said the City received only one complaint on Saturday night. Mayor Aungst said noise complaints related to this weekend’s concert had come from as far away as North Highland. The City is fine-tuning its process to receive noise complaints. He expressed concern language used at the concert was atrocious. He recommended the City withdraw its support from concerts if promoters do not guarantee a clean show. The City Manager said he had registered his concerns with the radio station’s general manager and staff. Nearby residents also have indicated problems related to loud bass, which is audible and discomforting for long distances. He said significant community support has been received for diverse entertainment venues. Mayor Aungst questioned if the volume of concert music could be reduced if legitimate complaints are heard from a long distance. The City Manager said concert noise is a consideration while the City is working to attract residents downtown. If the new Phillies stadium is constructed, some concerts could be moved. Adjourn The meeting adjourned at 11:53 a.m.