02/01/2016 Council Work Session Meeting Minutes February 1, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, February 1, 2016
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 1, 2016
Roll Call
Present 4 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Hoyt Hamilton, and Councilmember Bill Jonson, Vice
Mayor Jay E. Polglaze (Arrived 2:05 p.m.)
Also Present: William B. Horne 11 — City Manager, Jill S. Silverboard —Assistant City
Manager, Pamela K. Akin - City Attorney, and Rosemarie Call - City
Clerk and Nicole Sprague — Official Records and Legislative Services
Coordinator
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
Draft
1. Call to Order— Mayor Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations — Given.
2.1 Final report on Centennial Celebration - Gina Dewitt, Legal Dept.
The City celebrated its Centennial throughout 2015. The report describes the
vision, the process used to implement it, and the outcomes.
Ms. Dewitt provided a PowerPoint presentation and introduced the Centennial
Committee members.
Council and the City Manager thanked them for their assistance on planning
several successful events during the past year.
3. Economic Development and Housing
3.1 Fiscal Year 14-15 Economic Development Strategic Plan Report (WSO)
Economic Development and Housing Director Geri Campos Lopez provided a
PowerPoint presentation.
In response to questions, Economic Development and Housing Assistant
Director Denise Sanderson said the incentive policy serves as an umbrella of
all the things the City wishes to be considered. Staff anticipates the policy will
be completed prior to September. With the shift to a CRA Executive Director
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Council Work Session Meeting Minutes February 1, 2016
position and a renewed focus in the downtown area as prescribed by ULI, it is
not known how that will impact staffing needs for the Economic Development
Department. Staff does not anticipate the City leading the strategic marketing
plan for entrepreneurship, it is anticipated Pinellas County will lead the effort.
Ms. Campos Lopez said the relationship between the Pinellas County
Economic Development and the Tampa Bay Partnership is developing; the
Partnership's new Executive Director is implementing an advocacy approach.
Staff will meet with the Executive Director this week regarding the
Partnership's new mission. Ms. Sanderson said a joint strategy within the City
is needed for the Hercules Industrial area in order to attract businesses and
assemble parcels for large acquisitions.
4. Finance
4.1 Approve settlement of workers' compensation claim 14000145, for payment of
$80,000.00 inclusive and authorize the appropriate officials to execute same.
(consent)
On October 28, 2014, the claimant filed a workers' compensation claim under
the heart presumption, alleging that his heart surgery was due to his job.
The City paid claimant's medical expenses during the investigation period and
later denied the claim within the 120 day statute. The claimant and his attorney
have agreed to settle this claim for$80,000 inclusive of attorney fees and
costs. Under the settlement terms the claim will remain denied and all
treatment relating to this occupational injury will continue to be paid under
group health insurance.
The entire past and future indemnity and medical claims with a general release
and all attorney fees and cost would settle per statute for a total settlement of
$80,000. The City's Risk Management Division; outside attorney for the City of
Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City's
Claims Committee recommend approval.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0590-07000-545800-519-000-0000 to fund
this settlement
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5. Parks and Recreation
5.1 Approve contracts (blanket purchase orders) for palm trimming to Blades of Green
Inc. of Tampa, FL, in the annual amount of$65,000 (Bid 06-16), Tree Barber of
Clearwater, FL, in the annual amount of$65,000, FL (Bid 06-16) and Tucker
Enterprise Services Inc. of Clearwater, FL, in the annual amount of$65,000 (Bid
06-16) and two one-year renewal terms at the City's option and authorize the
appropriate officials to execute same. (consent)
Due to the quantity of palm trees in the city inventory and the timing needed to
trim palms before they seed out, staff has broken out the palm-trimming bid
into three sections in the city.
Staff is requesting that annual blanket purchase orders be approved for the
trimming of palms to the following:
Blades of Green, Inc. - Clearwater Beach and Sand Key
Tree Barber - Memorial Causeway and downtown
Trucker Enterprise Services - all sports fields and everything east of Highland
Staff recommends award of blanket purchase orders for one year, with two
one-year renewal options, based on their successful performance with the City.
APPROPRIATION CODE AND AMOUNT:
Funding for these BPO's will come from a variety of operating codes in the
Parks and Recreation Department, but primarily the Urban Forestry Code
(010-01874).
In response to questions, Parks and Recreation Director Kevin Dunbar said
the item before Council is a not to exceed contract amount, work is inspected
after completion prior to payment.
5.2 Approve increasing Blanket Purchase Order (BPO 511036) to Ruth Eckerd Hall, Inc.
(REH) by $150,000, from $419,400 to $569,400, to reimburse REH for entertainment
for concerts in Coachman Park.
The Blanket Purchase Order to REH is the annual funding agreement between
the City and REH ($400,000 per year), as well as payment for the operation of
the Clearwater Community Chorus ($19,400). The funding agreement was
approved on March 1, 2001 and the Clearwater Community Chorus agreement
was approved on November 3, 2005.
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REH has partnered with and is co-producing an event with city staff to bring
Brian Adams to Clearwater's Coachman Park for a concert on February 19.
Staff is requesting that this BPO be increased by $150,000 to reimburse REH
for entertainment contracts they arrange in regard to this concert as well as
pay REH $1.00 for each ticket sold for their assistance in advertisement
placement (using their buying power savings), technical support, and email
marketing to their 220,000-eclub members.
In addition, staff will be requesting $10,000 support through the annual special
events item to cover costs for the 2017 Blast Friday series that is produced by
REH.
Advanced ticket sales for this concert have already exceeded the breakeven
point; therefore, all costs to be reimbursed to REH have been covered.
Depending on the success of this concert the City may want to consider
entering into additional partnerships in the future.
APPROPRIATION CODE AND AMOUNT:
Funding for this increase will come from revenue generated from the concert
and placed in Special Events Code 181-99865.
In response to questions, Parks and Recreation Director Kevin Dunbar said
staff has been discussing additional partner opportunities with REH. The
pre-sale tickets for "An Evening with Bryan Adams"have covered all costs for
the event. Staff anticipates there may 3 or 4 events this year.
5.3 Approve co-sponsorship and waiver of requested city fees and service charges for
2016 Nacra 17, 49er and 49erFx World Championships to be held in Clearwater,
February 6, 2016 through February 15, 2016, at an estimated in-kind General Fund
cost of$3,000 and Parking Fund cost of$1,118. (consent)
The City of Clearwater was selected to host the 2016 World Championships
and Olympic qualifying for the Nacra 17 sail boats. The event will take place
in Clearwater from February 6, 2016 through February 15, 2016 in the Gulf of
Mexico off Clearwater Beach and Pier 60 as well as the Clearwater Sailing
Center.
The event will attract approximately 300 competitors from various countries,
and attract approximately 55,000 spectators over the nine day event. In
addition, the event will be streamed live and broadcast internationally to
thousands of viewers.
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The event will help promote Clearwater as a sailing venue and destination as
well benefit the Clearwater Sailing Center.
Unfortunately this event was not included in the list of Co-Sponsored events
approved by the Council on April 2, 2015 and according to Council policy any
additional requests for money or in-kind support must be approved by City
Council.
Staff is recommending that the City co-sponsor this event and waive total
in-kind costs of$4,118. In-kind activities will include staff time to provide
water to docking area, construction and installation of anchors for boats, event
assistance and $1,118 of lost parking revenue. These costs can be absorbed
with the current operating budgets of the General Fund and Parking Fund.
In response to questions, Marine and Aviation Director Bill Morris said the
anchors are temporary, which will secure the boats on the beach north of the
Sailing Center. The boats will remain in the sand while not in use. Some of the
race participants have been in town prior to the holidays.
6. Engineering
6.1 Approve a work order to King Engineering Associates, Inc. Engineer of Record (EOR)
in the amount of$472,848 to provide design, permitting and bidding services related
to the Northeast Water Reclamation Facility (WRF) Grit Removal, Salsnes Filter and
Equalization Project (15-0045-UT); and authorize the appropriate officials to execute
same. (consent)
Northeast Water Reclamation Facility (WRF) experiences daily and seasonal
variations in raw sewage flows and pollutant loadings. These variations make
operation and control more difficult and costly than treating a more constant
rate of sewage flow. A feasibility study conducted by the City showed that the
installation of an equalization basin provided more cost effective benefits than
comparable in-plant improvements. Because of this, the City has decided to
incorporate a 2 million gallon (MG) equalization basin and associated facilities
into the treatment process at the Northeast WRF.
An existing tank located in the northwest corner of the site will be demolished
and a new "off-line" equalization basin will be constructed in its place.
Also, one of the two primary clarifiers recently failed and must be replaced
to ensure the City can continue to comply with its Florida Department of
Environmental Protection operating permit. Based on its experience at the
Marshall St. WRF, the City has elected to replace the primary clarifiers with
Salsnes Filters. Sludge produced by the Salsnes Filters can be discharged
directly to the digesters without thickening, which also provides operational
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Council Work Session Meeting Minutes February 1, 2016
cost savings.
Lastly, in order to incorporate the Salsnes Filters into the treatment
process, it is necessary to retro-fit the existing picket thickeners with new
grit removal devices as used at the Marshall St WRF. This new stacked
tray grit removal equipment is needed to remove sand and other inert
materials so as to both protect the Salsnes filters and to prevent grit and
sand from entering the digesters. The picket thickeners that are currently
used to thicken sludge from the primary clarifiers would no longer be
needed. As such, these tanks can be used for grit removal, as they had
been when they were originally constructed.
The design phase is anticipated to be complete by December 2016.
King Engineering Associates, Inc. is one of the City's Engineers-of-record, and
this work order was negotiated in accordance with the Consultants Competitive
Negotiations Act.
APPROPRIATION CODE AND AMOUNT:
0315-96664-561300-535-000-0000 $472,848
Funds are available in capital improvement project 315-96664, WPC R&R, to
fund this work order.
In response to questions, Engineering Manager Rob Fahey said the plant is
sized to handle peak flows but that provides some challenges to the operators
over the years with boosting chemicals and tweaking systems as the flow
maximizes and minimizes. Steadying the variables will improve efficiency.
7. Fire Department
7.1 Approve the agreement between Phillies Florida LLC and the City of Clearwater Fire
and Rescue Department to provide emergency medical services at Bright House Field
for 2016 baseball events as outlined in the agreement, and authorize the appropriate
officials to execute same. (consent)
The Phillies Florida LLC (Phillies Florida) will enter into an agreement with
Clearwater Fire & Rescue (CFR) for the provision of EMS services for the 2016
Philadelphia Phillies spring training game; every 2016 Clearwater Threshers
game; and for 10 selected special events designated by Phillies Florida in
2016.
There will be a mutually agreed-upon method of checking in and checking out
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at each game/event for billing purposes at the rate established in the
agreement. The minimum time for each event will be four hours. Any time
spent at the ball park after those four hours will be compensated at the hourly
rate set forth in the agreement and checked against the sign out time by the
teams at the ballpark. CFR will provide monthly invoices to Phillies Florida for
the services CFR provides pursuant to the agreement, which invoices will be
paid within twenty days of receipt. The reimbursement amount in the
agreement is sufficient to cover the cost of providing this service.
The City of Clearwater, to the extent permitted by applicable law, including, but
not limited to Section 768.28, Florida Statutes, shall indemnify, defend and
hold harmless Phillies Florida, and others noted in the agreement.
CFR will document any incidents that may occur during the course of the
performance of its obligations hereunder and, subject to applicable law,
including, but not limited to, the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) Privacy and Security Rules, and use best efforts to get
those treated to sign a medical information disclosure form legally authorizing
CFR to provide copies of such documentation to Phillies Florida upon request.
The term of the agreement shall be from the date it is signed through
December 31, 2016; and either party may terminate as outlined in the
agreement.
8. Solid Waste
8.1 Ratify and confirm an increase to the original contract (purchase order) ST112387 to
JAM 5:20 of Largo, Florida in the amount of$24,895 for a revised authorization of
$137,110 for improvements to the Clearwater beach Recreation Center (CBRC).
(consent)
The Council approved the original purchase order in the amount of$112,215
for CBRC during the November 30, 2015 council meeting. The construction
process in the main hall of CBRC revealed that the existing substrate beneath
the vinyl tile removed was in worse shape than anticipated. The scarification
process to remove the existing underlayment proved unsuccessful and the
manufacturer of the vapor seal would not warranty the moisture barrier seal to
be applied under these conditions.
The only option to permanently fix the floor is to remove the existing concrete
floor and re-pour a new concrete floor. This will allow the required vapor
barrier to be installed between the soil and new concrete floor.
Authority was given to move forward with the project to adhere to the
established construction schedule to allow the CBRC facility to be reopened in
time for an event scheduled for March 5, 2016.
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APPROPRIATION CODE AND AMOUNT:
315-94519-530300-519 $12,447.50
315-93634-530300-519 $12,447.50
9. Legal
9.1 Request authority to institute a civil action on behalf of the City against Kearney
Companies, LLC, to recover $1,660.04 for damages to city property. (consent)
On June 11, 2014, a crew with Kearney Companies, LLC, damaged 3 feet of a
2-inch gas service line with a frontend loader. The cost to repair the gas line
was $1,660.04.
Several letters sent to Kearney Companies, LLC, have received no
acknowledgment.
Costs relative to this action will include a $175 filing fee, and fees for service of
process of approximately $60.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0-590-07000-545900-519-000-0000, to fund
this contract.
9.2 Request authority to institute a civil action on behalf of the City against Capital Fiber
and Underground Utility Construction, Inc. to recover $698.62 for damages to city
property. (consent)
On August 1, 2013, a crew with Capital Fiber and Underground Utility
Construction, Inc. struck a 1-inch PE service line with a directional drill. The
cost to repair the gas line was $698.62.
Several letters sent to Capital Fiber and Underground Utility Construction, Inc.
have received no acknowledgment.
Costs relative to this action will include a $175 filing fee, and fees for service of
process of approximately $60.
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APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0-590-07000-545900-519-000-0000, to fund
this contract.
9.3 Request authority to institute a civil action on behalf of the City against Charmer's
Asset Holdings, LLC, to recover $7,909.00 for damages to city property. (consent)
On August 6, 2013, an employee lost control of a company vehicle owned by
Charmer's Asset Holdings, LLC. The driver hit the center median on US 19
South and State Road 580 causing a large amount of concrete debris to be
thrown onto the southbound lane of travel. A City of Clearwater vehicle
traveling south on US 19 struck the concrete debris causing $7,909.00 in
damage to the vehicle. The company's insurance expired prior to the accident.
Demand letters have been sent to Charmer's Asset Holdings, LLC, but no
response has been received.
Costs relative to this action will include a $300.00 filing fee, and fees for
service of process of approximately $60.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0-590-07000-545900-519-000-0000, to fund
this contract.
9.4 Request authority to institute a civil action on behalf of the City against Big Tree, Inc.
of Central Florida to recover$3,327.98 for damages to city property. (consent)
On August 8, 2014, employees of Big Tree, Inc. while using a trencher cut a
2-inch PE gas main line at 12022 Indian Rocks Road S., Largo FL. Repairs to
the gas line cost$3,327.98.
Demand letters have been sent to Big Tree, Inc. of Central Florida but no
response has been received.
Costs relative to this action will include a $300.00 filing fee, and fees for
service of process of approximately $60.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0-590-07000-545900-519-000-0000, to fund
this contract.
9.5 Request authority to institute a civil action on behalf of the City against Ramjack
Foundation Solutions to recover $698.83 for damages to city property. (consent)
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On August 8, 2014, employees of Ramjack Foundation Solutions cut a 5/8
drisco service line with a ground drill. The cost to repair the gas line was
$698.83.
Demand letters have been sent to Ramjack Foundation Solutions but no
response has been received.
Costs relative to this action will include a $175.00 filing fee, and fees for
service of process of approximately $60.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0-590-07000-545900-519-000-0000, to fund
this contract.
9.6 Request authority to institute a civil action on behalf of the City against Future Works
Communications, Inc. to recover $6,698.07 for damages to city property. (consent)
On August 5, 2014, employees of Future Works Communications, Inc. hit a
4-inch main line with a drill bore. The cost to repair the gas line was $6,698.07.
Demand letters have been sent to Future Works Communications, Inc. but no
response has been received.
Costs relative to this action will include a $300.00 filing fee, and fees for
service of process of approximately $60.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0-590-07000-545900-519-000-0000, to fund
this contract.
9.7 Adopt Ordinance 8811-16 on second reading, annexing certain real property whose
post office address is 2161 Burnice Drive, Clearwater, Florida 33764 into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
9.8 Adopt Ordinance 8812-16 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 2161 Burnice Drive, Clearwater, Florida
33764, upon annexation into the City of Clearwater, as Residential Low (RL).
9.9 Adopt Ordinance 8813-16 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 2161 Burnice Drive,
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Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low
Medium Density Residential (LMDR).
9.10Adopt Ordinance 8814-16 on second reading, annexing certain real property whose
post office address is 1234 Carol Drive, Clearwater, Florida 33755 into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
9.11Adopt Ordinance 8815-16 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1234 Carol Drive, Clearwater, Florida
33755, upon annexation into the City of Clearwater, as Residential Low (RL).
9.12Adopt Ordinance 8816-16 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office address is 1234 Carol Drive,
Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low
Medium Density Residential (LMDR).
9.13Adopt Ordinance 8824-16 on second reading, vacating that certain drainage and utility
easement lying within the vacated 10-foot alley lying adjacent to the east property
lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse's Subdivision, as recorded in
Plat Book 4, Page 90, Official Records of Hillsborough County, of which Pinellas
County was formerly a part.
9.14Adopt Ordinance 8825-16 on third reading, annexing certain real property whose post
office address is 1807 Skyland Drive, Clearwater, FL 33759 into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
9.15Adopt Ordinance 8826-16 on third reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office address is 1807 Skyland Drive, Clearwater, FL 33759,
upon annexation into the City of Clearwater, as Residential Low (RL).
9.16Adopt Ordinance 8827-16 on third reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1807 Skyland Drive,
Clearwater, FL 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
10. City Manager Verbal Reports
10.1 Beach Traffic Discussion
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The City Manager explained this discussion item is the result of a
conversation with the Mayor about beach traffic congestion and a free ride
proposal from the Clearwater Regional Chamber of Commerce. There are
two parts to the item, the first is addressing immediate concerns regarding
beach traffic congestion and the second is a longer term perspective and
vision of what life will be like when all the hotel construction is complete. In
response to a suggestion, the City Manager said Council would benefit from a
transportation workshop. He suggested Council look at the Beach by Design
access rationing plan.
Traffic Operations Manager Paul Bertels reviewed various strategies that
have been implemented or can be implemented. Signs on the state road
directing traffic to the ferry service were approved today and will be installed
shortly. In regards to construction, sites are denied ROW lanes unless they
have no other option as the City does not want to lose any lanes on the
beach. There is no charge for closing a lane, but there is a charge of$100
per day for the Variable Message Boards to direct traffic. In response to
questions, Mr. Bertels said the Memorial Causeway bridge will handle only
one type of monorail, the type you see at Disney. The bridge will also handle
a Bus Rapid Transit (BRT) which would not take up the entire median on the
causeway and the beautiful landscaping would remain. A BRT is the least
expensive mode of mass transit with the most capacity to move people. He
said one-way pairs on the beach would be the next and easiest thing to do
on the north and south beach. A gondola system has engineering and
environmental standards to meet but they are located all over the world,
including third world countries.
In regards to the Chamber's proposal, the City Manager explained that they
presented a downtown park and ride program and they were asking for the
City to fund the operation. In response to questions, he said the program
function is a simple circulating system built around city parking lots in the
downtown area. He wanted Council to take time and think about how
comfortable they are with taking on the funding responsibility. He said the
program is based on free parking in downtown on evenings and weekends.
In response to a question, Mr. Bertels said that a wall is the only way to keep
pedestrians from crossing the roundabout. Police Aides are present during
the spring break period to hold pedestrians back at the cross walks so traffic
can flow.
The Council recessed from 3:05 p.m. to 3:12 p.m.
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11. City Attorney Verbal Reports — none.
12. Council Discussion Item
12.1 Council Policy regarding public access to Community Development Board documents
- Councilmember Jonson
Councilmember Jonson said the CDB documents are currently available but
expressed a concern that the notice directs individuals to the office and not on
the web. He suggested a policy be established stating the documents be
made available to the public five days prior to the meeting.
The City Manager said staff is working on improving the online access to the
document. He expressed a concern with the 5-day suggestion because the
CDB agenda may undergo several revisions prior to the meeting. The City
Clerk said staff has been able to hyperlink the agenda so that individuals are
directed to the item in Accela. The meeting notice is published as required by
law and the meeting agenda and documents are accessible to the public.
It was stated that staff was given an opportunity to address the accessibility of
CDB documents.
In response to a suggestion, the City Clerk said the meeting notice will be
amended to reflect that documents are also available online.
12.2Coordination of Public Transit Issues in Clearwater - CM Jonson
Councilmember Jonson said he was proposing to establish a policy on
transportation issues. It was said that staff and Council have determined that
a special transportation meeting will be held in the near future.
12.3House Bill 1007 - Mayor Cretekos
Assistant City Attorney Laura Mahoney said the changes were prompted by
the ULI study and the Council's desire to move forward with the bluff master
plan. She explained that the bill language would remove the prohibition of
carnivals and shows and limitations that land be used for parks and recreation,
etc. and would release the reverter provision. This bill does not affect any of
the charter restrictions. If the bill is passed by the legislators, Clearwater
voters will be able to vote at referendum to lift restrictions. Coachman Park is
not part of this bill. The City Attorney said the charter restrictions are more
restrictive than the special act.
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13. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). — None.
14. Closing Comments by Mayor — None.
15. Adjourn
The meeting adjourned at 3:33 p.m.
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