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01/07/1993 CITY COMMISSION MEETING January 7, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, January 7, 1993 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Mayme W. Hodges Commissioner Also present: Kathy S. Rice Deputy City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Thurman Rivers of the Skycrest United Methodist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Oath of Office - Mayme W. Hodges The City Clerk administered the Oath of Office to Mayme W. Hodges. ITEM #4 - Introductions and Awards The State Water Main Tapping Championship Award was presented to the City team, "the Main Breakers". A Citation of Appreciation was presented to Frederick Dunn for service on the Library Board. Proclamation: Martin Luther King Day - January 11, 1993. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of December 17, 1992 Commissioner Fitzgerald pointed out on page 15, in the second subheading, the word "Mayor" should read "Major." Commissioner Fitzgerald moved to approve the minutes of the regular meeting of December 17, 1992, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Robert Wright, president of the Coalition of Homeowners, spoke regarding the need for governmental efficiency. He referenced a publication, "Rightsizing for Government", and a news segment on efficiency in government. Deputy City Manager Kathy Rice responded the City has participated in right-sizing exercises, results of which are available for review. JoAnne Watson stated she did not want Designwise to finish her rehabilitation project and alleged that staff is forcing her to do so. She requested $50 per day in damages plus costs to fix her home. James Polatty, Planning & Development Director, reported regarding the Neighborhood Advisory Committee's recommendation for resolution. A question was raised why Design Wise was still being recommended when Ms. Watson stated she did not want them to finish the work and it was indicated their work is still under warranty and if she goes with another contractor, she will have to pay for the work. It was also indicated HUD would not be investigating the project. In response to when the outside study on the rehabilitation program would be done, it was indicated in approximately 60 days. Staff is to provide the Commission with a copy of the Watson letter and the minutes of the NAC meeting and keep them informed on a regular basis. ITEM #8 - City Hall Project Manager Contract with Donnell Consultants Incorporated, in association with Rowe Rados Hammer Russell Architects, Inc. for $246,000 Each of the short-listed firms presented formal proposals on Wednesday, December 2, 1992. Following the written and formal oral presentations, each of the firms was ranked individually by each member of the team. The total scores from the presentation were used to rank the teams. Each member of the selection committee independently ranked Donnell Consultants Incorporated as the first-ranked team. The proposed contract was negotiated over the last three weeks. The scope of services is addressed with a detailed overview of the product and project for each element. A draft of the schedule represents a completion date and move-in time of December 30, 1994 or 23 months from Commission approval of the contract. The pre-design phase is approximately six months long but with this schedule it is anticipated the Commission will be able to choose a design build contract by the end of June, 1993. The ratings criteria form and the response to the Request for Proposal were submitted to the Commission last week. The monies for the Project Management Consultant and the Design Build Firm will come from the City Hall project code #315-94601-561100-519-000. Funds are currently available. Deputy City Manager Kathy Rice reviewed the scope of services that will be provided by the Project Management Consultant which includes conducting an existing conditions' survey of existing buildings to see if improvements can be made or if a new structure is warranted; conducting an investigative analysis of the space needs for the proposed structure; and assisting the City in the design-build team selection. She said workshops with the Commission will be held along the way. Dean Rowe, representing the DCI/RRHR team, said the project will involve the Commission in a "hands on" way. He cited the Tampa Bay Performing Arts Center/Convention Center, Island Walk Condominiums, Jack Eckerd Center and the Arbor Center as projects in which they have been involved. It was stated the pre-design phase cost of $246,000 is in line with the standard 2-3 percent of the total project cost of $10 million. An opinion was expressed that consolidation is in the best interest of the City and that purchasing an existing building with plenty of space would be more cost effective. Concern was expressed regarding difficulty in aborting the project once it was started. A suggestion was made to limit the commitment to the pre-design activities only and at that time make a determination on whether or not to go forward with the project. Concern was expressed regarding the City's ability to suspend the contract at any point and work being done that would not be needed if the Commission determines not to go forward with the project. There was discussion regarding the first phase taking approximately 5 weeks and there being a decision point at the end of each phase on whether to go forward. Discussion ensued regarding the 30-day cancellation language in the contract. It was indicated this language related to termination of the contract and that the City did have the right to suspend or abandon the work or to change the scheme at any time without breach of contract. Commissioner Deegan moved to approve the ranking by the City's Professional Services Selection Committee of the short-list for Project Management Consultant for the City Hall Project and approve the contract with first-ranked Donnell Consultants Incorporated, in association with Rowe Rados Hammer Russell Architects, Inc., in the amount of $246,000. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Deegan, Hodges and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. PUBLIC HEARINGS ITEM # 9 - Public Hearing & First Reading Ord. #5327-93 - Vacating 16' east/west alley lying N of Lots 1-4 & S of Lots 5-8, Blk 4, Jones Sub. of Nicholson's Addn. to Clwr Harbor (Mt. Olive AME Church V92-21)(PW) The applicant is requesting the vacation of the east-west alley lying adjacent to Lots 2, 3, 4, 5 and 6 in Block 4 of Jones' Subdivision of Nicholson's Addition to Clearwater Harbor. This request has been reviewed by the various City Departments and Divisions concerned. The Engineering Division is suggesting the 16 foot east-west alley lying in Block 4 be vacated and retained full width as a Drainage and Utility Easement. The City has an existing sanitary sewer main that crosses the alley at the east end of the block. All other departments concerned have no objections. Florida Power and Vision Cable have no objections to this request provided a 10 foot easement is retained (5 feet on either side of installed facilities). GTE has no objections. The Public Works Director recommends the 16 foot east-west alley, lying in Block 4, be vacated and retained as a Drainage and Utility Easement as proposed by the Engineering Division. The Church requested to use the land for future construction and possibly parking. However, this vacation with an easement retained will only permit parking on the vacated area but will permit buildings on the existing adjoining property to be constructed closer to the existing property line. Milt Cason, representing the applicant, stated the subject vacation will allow for the construction of an educational building. In response to a question, he indicated he was aware the vacation would only permit parking on the vacated area. Public Works Director Bill Baker said staff is recommending more area be vacated than requested by the applicant as he felt this was in the interest of the general public. Commissioner Berfield moved to approve the vacation of the 16 foot east-west alley, lying in Block 4, Jones Subdivision of Nicholson's Addition to Clearwater Harbor subject to retaining full width as a Drainage and Utility Easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5327-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5327-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ord. #5326-93 - Vacating 18' north/south alley lying W of Lots 1-5 & E of Lots 6 and 17, Blk 25 of Map of Belleair Sub. (Larry Dimmitt Cadillac V92-23)(PW) A letter has been received from a surrounding property owner objecting to the subject vacation. The applicant's representative is requesting a continuance to try and reach a mutual agreement. Mr. Baker indicated he has spoken with both parties and they are working on a solution. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of January 21, 1993. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #5315-92 - Land Use Plan Amendment to Public/Semi-Public for property located at 1234 Druid Rd., portion of Gov't Lot 1, Sec. 21-29-15, M&B 21.03 (Morton Plant Hospital LUP92-22) Emil Marquardt, attorney representing Morton Plant Hospital, stated the request had been unanimously approved at first reading on December 17, 1992. He said last week residents had expressed concerns regarding certain aspects. He said he met with them and believes they have reached an agreement. Tim Mariani, representing residents on Willowdale Drive which abuts the applicant's property, expressed concern regarding the proposed Public/Semi-Public zoning indicating it was not appropriate for a residential, low intensity area. He said a tentative agreement has been reached with the applicant to lower the intensity through a deed restriction. He said he did not object to approval but wanted to reserve his right to address this issue before the Pinellas Planning Council if final agreement is not reached. The City Attorney presented Ordinance #5315-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5315-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #12 - Ord. #5316-92 - P/SP Zoning for property located at 1234 Druid Rd., portion of Gov't Lot 1, Sec. 21-29-15, M&B 21.03 (Morton Plant Hospital Z92-13) The City Attorney presented Ordinance #5316-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5316-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #13 - Ord. #5319-92 - Vacating easterly 3' of westerly 5' utility easement in Lot 8, Blk 57, Mandalay Sub. (Davis V92-22) The City Attorney presented Ordinance #5319-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5319-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #14 - Ord. #5322-92 - Vacating S 2' of N 10' drainage and utility easement lying in Lot 28, Countryside Tract 8, Unit One, less easterly 15' (Blue V92-24) The City Attorney presented Ordinance #5322-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5322-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #15 - Ord. #5323-92 - IPD Zoning for property located at 22067 US19, Clearwater 19 Commerce Center, Lot 1 (Kunnen, Jr. Z92-07) Staff has not received the modified site plan associated with the IPD zoning from the applicant and is recommending a continuance. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of January 21, 1993. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items #16-34) - Approved as submitted less Items Nos. 27 and 30. Agreements - Approved. ITEM #16 - 5 Year Agreement with Cubic Toll Systems, Inc. for rental of toll collection devices at Clearwater Pass Bridge, for the period 3/12/93-3/11/98, at an est. $202,536.68 (MR) ITEM #17 - Supplemental Joint Participation Agreement with FDOT Aviation for 50% grant funding for removal and replacement of the Clearwater Airpark Fuel Farm (PW) Bids & Contracts - Awarded. ITEM #18 - Contract for Residential Gas Meter Change Out to West Coast Plumbing, Palm Harbor, FL, at an est. $20,000 (GAS) ITEM #19 - Contract for gas pipefitter installation to West Coast Plumbing, Palm Harbor, FL, at an est. $50,400 (GAS) ITEM #20 - 5 Year lease/purchase of a new Norstar telephone system for the Clearwater Gas System and Human Relations Department to General Telephone of Florida, Tampa, FL, for $36,665.69 (GAS) ITEM #21 - Ratify & Confirm City Manager's authorization to pay Allstate Roofing Services, Inc., Pinellas Park, FL, for emergency roof repairs at the Annex building, a sum of $3,315, increasing the total cost of the PO5546-93 to $13,015 (GS) ITEM #22 - Purchase of 96 Kodak Diconix 180 SI portable printers with cables & adapters from Innovative Computer Designs, North Miami Beach, FL, for $29,056.32 (PD) ITEM #23 - Purchase of equipment maintenance services for the Xerox 5090 duplicator from Xerox Corp., Tampa, FL, for the period 1/17/93-1/16/94, at an est. $24,393 (PIO) ITEM #24 - Contract for renovation of Ross Norton Park Swimming Pool to Atlantic Pool Builders for $35,890 (PR) ITEM #25 - Purchase of strip of land 115' wide by 332.10' & containing 38,191 sq.ft. bordering Stevenson's Creek channel thru St. Cecelia School grounds property from the Diocese of St. Petersburg for $94,000 and related survey & closing costs of $3,506 for a total of $97,506 (PW) ITEM #26 - Acceptance of offer of $17,005 by James E. Seymour, Sr. to purchase city surplus property located at 1002 N. Garden Ave., Joseph J. Eldridge Sub., Blk C, Lot 31 (PW) Citizens & Staff Requests - Approved. ITEM #27 - See page 8 Change Orders - Approved. ITEM #28 - C.O.#2 & Final for Bike Path Extension with Barry L. Mears Construction, Inc., for $1,202.42, increasing the amended contract amount to $117,604.92 (PW) ITEM #29 - Ratify & Confirm C.O.#1 to Marshall Street South Interceptor Replacement & Reclaimed Water Supply Contract to Kamminga & Roodvoets, Inc., Tampa, FL, increasing scope of work & value of contract by $97,388 for a new total of $2,862,058 and includes a time extension of 49 calendar days for completion of project (PW) Receipt & Referral - Received and Referred. ITEM #30 - See page 9 ITEM #31 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1601 Gentry St., First Addition to Highland Pines, Blk 8, Lot 1, approx. 0.16 acres (Wexler A92-14, LUP92-25)(PLD) ITEM #32 - Annexation, Land Use Plan Amendment to Residential/Office and Limited Office Zoning for property located at 308 N. Belcher Rd., Mosell Acres, part of Lots 7 & 8, approx. 0.20 acres (Maguire A92-13, LUP92-24)(PLD) ITEM #33 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property located at 1351 Arcturus Ave., Hercules Industrial Park, part of Tract A, approx. 1.5 acres (Loulourgas A92-15, LUP92-26)(PLD) CITY ATTORNEY Agreements, Deeds & Easements ITEM #34 - Drainage and Utility Easement - Easterly 15' of Lot 5, Blk 4, Jones Subdivision of Nicholson's Addition to Clearwater Harbor (Mt. Olive Church) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #27 and #30 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #27 - Maas RFP/Q (CM) The Request for Proposals/Qualifications (RFP/Q) has been revised with the changes that were requested by the Commission. Language in the RFP/Q has been changed to a lease only option with the term of the lease open ended. A referendum will be required if the City reaches an agreement with a developer. Language regarding the parking structure has also been revised making this item somewhat open ended. One option regarding the parking structure is for the City to say up front it is willing to put a certain amount of public money into a parking garage and the other option is to wait and see what the developer expects, if anything, from the City. The purpose of this RFP/Q is to determine which, if any, developer can offer an attractive proposal and is deemed qualified to successfully consummate a downtown project on City owned bayfront property to be leased to a developer for a term of years. The City encourages proposals that use innovative planning and financial strategies and techniques. A citizen asked for clarification of the item. Deputy City Manager Kathy Rice explained that qualifications and proposals regarding the use of the Maas Brothers property will be requested from developers. She said a referendum will be required if an agreement is reached. A citizen questioned commercial development being proposed, indicating his opposition to any development on the Bayfront. It was indicated the intent is to see if there are acceptable proposals for commercial development and to go to referendum for the citizens to determine if they want development. In response to questions, it was indicated an update of the RFP/Q is available in the Purchasing and Economic Development Departments and the RFP/Qs would be due back sixty days after the date of release. Commissioner Berfield moved to approve the Request for Qualifications and Proposals for the Maas Brothers property. The motion was duly seconded and carried unanimously. ITEM #30 - Receive Sorin Development Agreement and refer to City Manager for further negotiations and to City Clerk for advertisement for public hearing when the Manager determines it's ready for public consideration (PLD) The City Code makes provisions for the City to enter into development agreements with property owners. Staff has received a request for a development agreement from Mr. Murray Sorin. This development agreement contemplates the construction of a retail development on property located on the south side of Gulf-to-Bay Boulevard at its intersection with Old Coachman Road. The proposal includes a conceptual development plan which provides for the possible development of up to 140,000 sq.ft. of retail development on this property. Consistent with City development agreements and concurrency regulations, the proposal includes the payment of transportation impact fees associated with this level of development (less credits which pertain to the existing development on the site). Payment of these fees would allow the property to be "vested" with regard to concurrency requirements for transportation for the length of the development agreement. Under the approval procedures for development agreements, two public hearings are required before the Commission as well as a public hearing for the purpose of recommendation before the Planning and Zoning Board. Receipt and referral of this item will provide the City Clerk with direction to establish these public hearings. The City Attorney has reviewed the proposed development agreement and feels it fits the form required for such agreements under City Code. The City Traffic Engineer has reviewed the impact fee payment schedule provided in the development agreement and has agreed with the figures so stated. Consistent with the requirements of Section 137.043 of the Code, if the Commission determines that negotiations concerning the development agreement should go forward, a more detailed development proposal will be required. At Monday's work session, a question was raised about the effect of the proposed Sorin development agreement on the capacity of SR 60 (Gulf-to-Bay Boulevard). The capacity problems should be relieved by the proposed improvements to Drew Street, so the time frame for restrictions on major new developments should be fairly short term. Staff recommends the final development agreement not extend beyond the five years allowed in the City Code. Staff will require a traffic impact study as part of the final development agreement so trip distribution can be analyzed. A question was raised in approving this request was the City agreeing to reserving capacity. It was indicated approval would authorize the City Manager to negotiate the agreement which would include reserved capacity. Commissioner Fitzgerald moved to receive and refer this agreement to the City Manager for further negotiations and to the City Clerk for advertising for public hearings when determined to be ready for public consideration. Upon the vote being taken, Commissioners Fitzgerald, Deegan, Hodges and Mayor Garvey voted "aye;" Commissioner Berfield voted "nay." Motion carried. OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 - (Cont. from 12/17/92) Fourth amendment to paragraph 3 of Lease Agreement with Bikini Buttons, Inc., dated 6/12/90, allowing sale of charts, maps, personalized license plates, fruit shipping service (produce not allowed in store), key duplicating service and sale of greeting cards (MR) Mr. Eric Peterson, current lessee of room 8 in the marina building and owner of Bikini Button, Inc., d/b/a One-Hour Photo and Dive Shop, requests paragraph 3 of his lease agreement be amended to include the sale of charts, maps, personalized license plates, fruit shipping service only (produce not allowed in store), key duplicating service and sale of greeting cards. The lease agreement with Bikini Button, Inc. expires on November 30, 1994. All other conditions, limitations, restrictions and obligations of the current lease agreement will remain in effect throughout the term of the lease. Concern had been expressed at the December 3, 1992, meeting regarding postcards that are not family oriented being sold on City property. At this time, Mr. Peterson indicated he wanted the ability to sell the postcards and requested this item be continued to allow him time to address the issue. This item was again continued at the December 17th meeting. The City Attorney stated the applicant has agreed to remove the objectionable postcards from the display closest to the entrance and he recommended approval. An opinion was expressed the Commission has the right to place reasonable conditions on a lease involving City property. It was indicated the norms of decency are no different on the beach than anywhere else and should be protected. An opinion was expressed a satisfactory compromise had been made. Commissioner Fitzgerald moved to approve the fourth amendment to paragraph 3 of the Bikini Button, Inc. lease agreement, dated June 12, 1990, allowing sale of charts, maps, personalized license plates, fruit shipping service only (produce not allowed in store), key duplicating service and sale of greeting cards subject to the terms of the agreement set forth in the letter from the tenant's attorney, dated 12/29/92, addressed to the City Attorney. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald and Hodges and Mayor Garvey voted "aye;" Commissioners Berfield and Deegan voted "nay." Motion carried. Luke Lirot, attorney representing the applicant, said his client did not want to detract from the family-oriented environment of the beach and is grateful for the compromise. Eric Peterson, applicant, said everyone has a right to see and buy what they want. ITEM #36 - Res. #93-2 - authorizing Joint Project Agreement with FL DOT to relocate natural gas mains during widening of East Bay Drive from Belcher Road to US19N, at an est. $81,000 (GAS) The FDOT has a project to widen East Bay Drive from Belcher Road to US19N that will require the relocation of existing gas mains. This Joint Project Agreement will provide for the relocation of existing gas mains by the State's general contractor for the project. Having the general contractor relocate these gas mains will allow for this work to be done in a timely manner and relieves the Gas System from any penalty payments because of delays to the project. All restoration costs are also saved as the general contractor is responsible for these costs under this agreement. The agreement provides for labor only at an estimated cost to the Clearwater Gas System of $81,000. The gas materials for this project will be provided by the Gas System from existing inventory and will include 3,628 feet of 4" PE gas main, 604 feet of 6" steel casing pipe and various other gas fittings. These materials will be issued from the appropriate inventory codes and charges to CIP code 315-1-6340-633/532. The estimated cost of these materials is $21,000 and has been previously approved. The available balance in CIP 315-1-6340, Line Relocation - Capital, is sufficient to provide funds for this project. Commissioner Berfield moved to approve a Joint Project Agreement with the State of Florida Department of Transportation to relocate natural gas mains during the widening project of East Bay Drive from Belcher Road to US19N at an estimated cost of $81,000. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-2 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #93-2 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #37 - First Reading Ord. #5328-93 - approving GTE Franchise Agreement Extension by 6 months to 6/30/93 (GS) The franchise agreement with General Telephone Company (GTE) expired December 31, 1992, at the end of a second six-month extension adopted by Ordinance #5237-92. The franchise agreement permits the GTE telecommunications company to use City rights-of-way for the placement and operation of its systems. In return, the City receives a 1% franchise fee based on GTE local service revenues. That fee base yielded revenues to the City of $182,888 for FY 1990, $196,500 for FY 1991 and $211,368 for FY 1992. The City has held four discussions with GTE. Extensive delays continue to be experienced in obtaining all of the information necessary to these discussions. Both the City and GTE have presented their initial draft franchise agreements. Examination of the positions and the lack of information precluded successful discussions before the expiration of the franchise agreement on December 31, 1992. Negotiations will require another 3 to 6 months at a minimum. Ordinance #5328-93 extending the term of the present franchise agreement with GTE for the period January 1 to June 30, 1993 has been developed for Commission approval. GTE has indicated its agreement in the term extension. Commissioner Berfield moved to approve extending the term of the franchise agreement with GTE, Florida, by six months to June 30, 1993. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5328-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5328-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #38 - Beautification Committee - 1 appointment (CLK) Commissioner Hodges moved to appoint Jean Rivers. The motion was duly seconded and carried unanimously. ITEM #39 - Library Board - 2 appointments (CLK) Commissioner Berfield moved to appoint William Raffaniello and Herbert Wickersham. The motion was duly seconded and carried unanimously. ITEM #40 - Community Relations Board - 1 appointment (CLK) Commissioner Berfield moved to appoint Paula Boulton. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald, Berfield, Deegan and Hodges voted "aye;" Mayor Garvey voted "nay." Motion carried. ITEM #41 - Neighborhood Advisory Committee - 3 appointments (CLK) Commissioner Deegan moved to appoint Mary Heard. The motion was duly seconded and carried unanimously. The two remaining appointments were continued until such time as there are volunteers for this board in the East Clearwater category. ITEM #42 - Jay Elliott re: city ordinances which were repealed re: CDBG rehab program Mr. Elliott was not present at the meeting. ITEM #43 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #44 - Res. #93-1 - Assessing property owners the cost of mowing or clearing owners' lots The City Attorney presented Resolution #93-1 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-1 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. A question was raised regarding why the list was so large when this is no longer the growing season. ITEM #45 - Res. #93-4 - Amending Rule 5 of the Rules of Procedure of the Commission relating to the time of adjournment; amending Rule 13 relating to the amendment or temporary suspension of the Rules of Procedure to provide an exception for the rule relating to time of adjournment The City Attorney presented Resolution #93-4 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-4 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #46 - Other City Attorney Items - None. ITEM #47 - City Manager Verbal Reports The City Clerk requested direction regarding whether to reschedule the January 11, 1993 joint DDB/CRA meeting. Direction was given to ask the DDB once the new members are seated and the City Clerk said she would address them on January 25th. ITEM #48 - Other Commission Action Commissioner Deegan stated, based on a memo from Assistant City Manager Deptula, less than $75,000 has been spent on repairs/renovations at the Annex, not $250,000 as rumored. Commissioner Berfield questioned the increase in parking meter fees at the Beach Library and requested the Commission consider lowering the rate. It was indicated rates were increased when all other meter rates on the beach were increased. Direction was given to agenda this item for the next work session. Commissioner Fitzgerald reported the next work session would be on Tuesday, January 19, 1993 due to the Martin Luther King Holiday on January 18, 1993. He also reported Tampa Bay Regional Planning Council will postpone action on the Stevenson's Creek recommendation. Commissioner Hodges thanked the Commission for the confidence they have shown in appointing her. Mayor Garvey welcomed Ms. Hodges to the Commission. ITEM #49 - Adjournment The meeting adjourned at 8:09 p.m.