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11/01/1993 CITY COMMISSION MEETING November 1, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, November 1, 1993 at 10:19 a.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #1 - Service Awards - None. ITEM #2 - Approval of Minutes Commissioner Deegan moved to approve the minutes of the regular meeting of October 7, 1993, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. PRESENTATIONS ITEM #3 - Presentation re: Pinellas County Keene Road project - impacts on Clearwater (PW) Bill Baker, Public Works Director, introduced R.W. Grubbs of Pinellas County and Joe Kubicki and Skip Hudson of King Engineering. Mr. Kubicki indicated the plan for the Keene Road project has been in the works for a number of years. He stated a substantial amount of right of way has already been acquired. The plan is to extend the road from Gulf to Bay Blvd. (SR 60) to Sunset Point Rd. in six construction phases over the next several years. He stated there are three issues remaining to be worked out: 1. The north area in Palm Harbor where the County Commission has recommended a three lane section. 2. The stretch of road north of Curlew where an abrupt curve causes design problems. There are a number of options which the County is reviewing. 3. The intersection of SR 60 where they are charged with attempting to design a level of service "C" for twenty years. He indicated the road would be able to maintain a level of service "D" without an overpass. He stated an "at grade" option would require the purchase of 35 properties and nine buildings at a cost of $8.6 million. Building an overpass would require the purchase of an additional 14 parcels and 15 buildings at a cost of an additional $4 million. Mr. Kubicki indicated King Engineering has met with the County Commission and at this time the "at grade" option is preferred. He stated public information workshops were held October 7 and 11, 1993. Although all comments have not been received, most comments received to date are against building the overpass. Mr. Kubicki indicated there is no problem with the road's proximity to Clearwater Executive Airpark, however, some of the airpark property may be needed for dry retention. He stated construction is scheduled to begin in 1996. The Mayor questioned why the road would be widened from four to six lanes from Gulf to Bay Boulevard to Drew Street. Mr. Kubicki indicated that the volume of traffic on SR 60 requires a wider road. Commissioner Berfield expressed concern regarding the park on Cleveland Street. Mr. Kubicki indicated the road would run along the west side and would impact the lake in that park as the lake needs to be enlarged. Commissioner Berfield questioned whether or not they had reviewed the "Reverter Clause" for this property and Mr. Kubicki indicated they were aware of it. Commissioner Deegan expressed concerns that the summary of comments from the public input meetings had not been received. Mr. Yauch indicated the summary of comments would be part of King Engineering's report. Mr. Yauch indicated he had written a memo indicating the comments received concerned speeds, safety to children, etc.. Mr. Kubicki indicated the number of signals along the road will keep speeds down. Mr. Yauch reported the design speed was 40 to 45 miles per hour. Mr. Kubicki indicated the summary of the comments should be completed within the next few weeks. Commissioner Deegan questioned whether or not there were any other issues. Mr. Yauch indicated the "Reverter Clause" on the park property. Coordination with the University School was also mentioned. Commissioner Fitzgerald questioned whether or not south of SR 60 would be a four lane section. Mr. Kubicki indicated it would be and there would be improvements along part of that road. Commissioner Fitzgerald questioned the six lane proposal for the road between SR 60 and Drew Street. Mr. Kubicki indicated it was the only six lane portion in this area. Commissioner Fitzgerald indicated a desire to have that section be four lanes. Mr. Kubicki indicated four lanes would have been their preference, however, the required level of service could not be maintained. Commissioner Thomas questioned whether the construction would be completed in 1996. Mr. Kubicki indicated 1996 was the start date and the project would take 18 months to complete. Mayor Garvey questioned the timing of lights along Drew Street. Mr. Yauch indicated some changes had been made to reduce cycling, however, he was not aware of any problems. CITY MANAGER REPORTS CONSENT AGENDA (Items #4-6) ITEM #4 - Amendment to contract with Schlumberger Industries, Owenton, KY, re: purchase of gas meters and regulators, to increase the est. total to $77,512 (GAS) ITEM #5 - Contract for Arcturas Pond/Allen's Creek Dredging and Weir Replacement Project to Suncoast Excavating, Inc., Ozona, FL, for $94,650 (PW) ITEM #6 - Purchase of bioassay tests for the WPC Division from Marinco Laboratory, Sarasota, FL, for the period 11/02/93-11/01/94, for $18,600 (PW) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #7 - Commission Discussion Items a) Commission Rules Rule 1 Commissioner Deegan expressed concerns regarding a reference to the public "normally" being allowed to speak. He felt it was the intent of the Commission to allow the public to speak on any item on the agenda. Commissioner Fitzgerald expressed concerns regarding how the public would know they were allowed to speak. He indicated in some areas, cards are required to be submitted. Commissioner Berfield again questioned why the word "normally" was used. The City Attorney provided an example of a three hour presentation for which the Commission knew there would be two more public hearings so no public comment was allowed at that time. He indicated there may be other instances where the Commission did not wish to allow public input. Commissioner Berfield indicated the reason the word "normally" worries her was due to the way in which the Sun Bank building was purchased. Commissioner Thomas agreed with Commissioner Fitzgerald and brought up the issue of having cards filled out by those who wish to speak. Mayor Garvey expressed concerns regarding cards, indicating it takes time and effort and she did not feel someone should be denied the opportunity to speak only because a card was not filled out. Commissioner Thomas stated there needed to be some discipline created in the meetings. He felt the Commission needed to establish a procedure. He said the public needs to know they have the right to speak and yet the Commission needs to take control of the meetings. He again emphasized the need to establish discipline in the meetings. Commissioner Fitzgerald agreed that there needed to be some discipline although he stated it would be difficult to disallow someone to speak. He felt there needed to be some rules and the rules should be posted. Further discussion ensued regarding this matter. The City Manager expressed concerns regarding at what time the public would be required to submit their cards to the City Clerk in order to be allowed to speak. He felt if the Commission truly wished to control the meetings, they should adhere to the three minute per speaker rule. The Mayor said she would ask, under each item, whether there was anyone to speak. Commissioner Thomas suggested when the recommendation is to approve, that only individuals in opposition be allowed to speak. The Mayor stated generally anyone who wants to, should be allowed to speak to the item. Commissioner Thomas indicated he has not seen an instance where the Commission has denied a staff recommendation for approval. Rule 2 Commissioner Thomas questioned whether "or designee" should be added after City Clerk. The City Attorney indicated a designee is assumed. Rule 3 Commissioner Deegan questioned the second sentence regarding the passage of ordinances. He requested clarification regarding whether or not there had to be public hearings and what was the specific time required in between the readings of the ordinances. The City Attorney indicated the state statutes and city code provide for these time frames. He indicated if the ordinance is not a land development code amendment, the advertising and reading requirements are less strict. The Mayor indicated the rule was not really needed as it is covered by state statute or city law. Commissioner Deegan felt the first sentence which reads "All motions shall be made and seconded before debate," should remain. Mayor Garvey indicated this is in Robert's Rules. Commissioner Deegan felt it needed to remain as a reminder. Commissioner Thomas suggested adding a phrase that the Chair cannot make or second a motion. Commissioner Deegan questioned whether or not it covered the Chair suggesting a motion. The Mayor indicated the Chair is allowed to comment during discussion. Consensus was to leave the first sentence and to add the sentence regarding the Chair not making or seconding motions. Rule 4 No changes. Rule 5 Commissioner Thomas expressed concern regarding the Commission meetings not going beyond midnight unless there was unanimous consent. He felt there should be a deadline for the meeting to be over, but, there should be an allowance for a quorum to continue if they so desire. Mayor Garvey and Commissioner Fitzgerald indicated this had been discussed at length before. They felt that midnight provided a long enough time frame for meetings and that unanimous consent should be required to extend meetings beyond midnight. Commissioner Fitzgerald did not feel it was appropriate to continue with only a quorum and felt the system worked as it was currently structured. He stated that by midnight the public has been lost and he did not feel it should go beyond that unless it was an absolute emergency. Commissioner Thomas expressed concern regarding Commission members walking out on an item at midnight. The Mayor indicated the item that was under discussion at midnight was concluded prior to the adjournment of the meeting. Commissioner Thomas did not feel one person should have the right to halt the meeting if a quorum is willing to continue. Mayor Garvey indicated the Commission also needs to consider how much time they consume talking at meetings. Commissioner Berfield expressed concerns that there is no way to know the number of people to speak on each item. She felt, in some cases, it is advantageous to continue the meeting past midnight. Commissioner Deegan stated he hoped that the rule would have worked that way, but it has been indicated to him, that some of the Commissioners are saying they would never stay past midnight. Commissioner Thomas felt the rest of the Commission should have the right to decide if they want to spend an extra 10 or 20 minutes beyond midnight. Commissioner Fitzgerald expressed concern regarding meetings going to 4:00 or 5:00 a.m. and that this would be a disservice to the public. Commissioner Thomas stated he felt the majority should rule and if they wished to continue that should be allowed. Commissioner Fitzgerald expressed concerns regarding some of the most important items being brought up late in the meeting. Commissioner Deegan moved to change the word unanimous to majority. The motion was duly seconded. The City Attorney reminded the Commission the rules require four votes to change the rules. Commissioner Thomas took exception to this and stated the charter states that the vote only requires three. He felt that to require four votes was a contradiction to the Charter. Mayor Garvey stated it was not a violation of the Charter it was simply more restrictive. The City Attorney indicated the Charter stated that the Commission would set their own rules and order of business. Commissioner Thomas felt Rule 13 requiring four votes was an illegal rule as the Charter only requires three votes to take action on an item. Commissioner Deegan pointed out this particular City Commission had not determined these rules as they had been established by a previous Commission. Commissioner Fitzgerald expressed concern regarding every new Commission setting new rules. The City Attorney indicated the rules are the Commission rules and they had established the requirement for four votes in order to make them hard to amend. He stated this sort of requirement is not unusual in Commissioner rules. Upon the vote being taken on the motion to amend Rule 5 and change the word unanimous to majority, Commissioners Berfield, Deegan and Thomas voted "Aye," Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Commissioner Deegan moved to eliminate Rule 13. The motion was duly seconded. Commissioner Fitzgerald expressed concerns that this was not a rule that had just been established. It had been established in order to make changing the rules more difficult. He felt additional consideration was needed prior to changing this rule. He stated it was there in order to counteract arbitrary changes. Commissioner Berfield stated the ruling regarding a seated Commission being able to change the action of a previously seated Commission opened the door for these changes. Commissioner Thomas pointed out again that the Charter speaks to majority rule. Upon the vote being taken to eliminate Rule 13, Commissioners Berfield, Deegan and Thomas voted "Aye," Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Regarding the portion of Rule 5 dealing with Work Sessions, it was indicated this should be struck as there no longer are Work Sessions. This is located in the last sentence of Rule 5, sub 3. Commissioner Deegan stated there needed to be clarification regarding the addition and removal of items and at what meeting this may be done. Mayor Garvey expressed objection to items being added to the agenda at the last minute. The City Manager pointed out he gets requests to add items on the day of the meetings. Commissioner Deegan expressed concern that the difficulty is that the agendas are not being completed and that he wished to be assured that Commission items will be discussed. Commissioner Fitzgerald expressed concern regarding the addition of late items as there is no opportunity to review the background. He stated when Work Sessions were being held, the Commission had an opportunity to fully consider all of the items. Mayor Garvey also expressed concerns that the public had no idea of what was being added. Commissioner Thomas agreed that the City Manager should receive some level of notice before being required to place an item on the agenda. Discussion ensued regarding there is a need at times to add emergency items. It was suggested that Commission members notify the City Manager 72 hours prior to a meeting that they wish to have an item added and that the City Manager and the City Attorney can bring forward emergency items as they see necessary. Commissioner Thomas moved to provide that the Commission notify the City Manager of an item to be added to the agenda 72 hours in advance of a meeting and that the City Attorney and the City Manager can bring forth emergency items as necessary. The motion was duly seconded and carried unanimously. The City Manager expressed a concern regarding technical difficulties staff is experiencing with revised agendas. The City Clerk explained that she is revising agendas several times and sometimes having difficulties getting information out to the Commission in a timely manner. Commissioner Thomas expressed concerns regarding having no opportunity to review data that is provided. The City Manager indicated he seldom adds items that are not of an emergency nature. It was the consensus of the Commission that they would request items to be added at least 72 hours in advance and that the City Manager would provide the revised agenda to the Commission 48 hours prior to the meeting adding only emergency items or items the Commission had requested. There was a consensus to add to Rule 5, sub 2 stating that public hearings may be held at special meetings called for that purpose. Regarding sub 5 of Rule 5, Commissioner Berfield questioned whether a town meeting had been held in south Greenwood. It was suggested that this be addressed when the schedule is established for the next series of town meetings. Commissioner Thomas expressed concerns that the Rule refers to regional meetings and he wanted the meetings to be more clearly defined. It was the consensus to delete the word "regional" and replace it with the word "town" in that rule. Rule 6 Regards the appointment of advisory boards. Commissioner Thomas requested the Commission meet with each board on an annual basis. Commissioner Deegan proposed an alternative suggestion that the Chairperson of each board be invited to make a presentation to the City Commission at one of their meetings. He said that having a meeting with each board would result in at least 15 additional meetings each year. He felt there should be a 15 minute limit to these presentations. There was a consensus to do this and to invite the entire board to be in attendance. Staff will begin to schedule these presentations after January 1, 1994. Commissioner Thomas also wished to limit the number of years an individual could serve on a board to eight. It was felt this should be discussed during the advisory board ordinance discussion. Commissioner Thomas requested an update on whether or not financial disclosures are required of board members. The City Clerk explained the State determines which advisory board members are required to file financial disclosure statements. It was the consensus of the Commission that the City Clerk submit the authority of each board to the State asking for verification regarding financial disclosure requirements. Rule 7 Regards conflict of interest Commissioner Deegan questioned what a personal issue would be that is not financial. The City Attorney indicated that this rule attempted to synopsize Florida law and it was really not needed. Commissioner Deegan expressed concern regarding a Commission member serving on a social service agency board and that being a personal interest. He stated he had made the recommendation that Commission members not serve on these agency boards. Commissioner Fitzgerald and Mayor Garvey questioned the need for the rule. The City Attorney indicated that the Commission on Ethics considers a conflict to be financial. Commissioner Deegan felt there should be a rule stating a Commission member cannot vote on a matter regarding the provision of funds for an agency on whose board that Commission member serves. The City Manager questioned whether or not a land development code item specifically impacting an agency would also be included in this prohibition. Commissioner Deegan moved to direct the City Attorney to develop language that would prohibit a Commission member from voting on items specifically dealing with an agency on whose board that Commission member serves. The motion was duly seconded. Mayor Garvey expressed concerns regarding members not being allowed to vote. The City Attorney indicated if too many members are disqualified, the Commission could lose its quorum. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye," Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Rule 8 No changes were directed. Rule 9 No changes were directed. The meeting recessed from 12:40 p.m. until 1:45 p.m.. Rule 10 Regarding the order of business for meetings. Commissioner Deegan recommended that no more than one presentation be allowed at a meeting. Mayor Garvey expressed concern that these presentations often had to do with time sensitive matters. Commissioner Deegan felt the Commission needed to get more quickly to the "meat" of the meeting. Commissioner Thomas agreed that there needed to be some regulation, but agreed that if the presentation is only ten minutes there could be more than one. He suggested that time for presentations be limited to an hour. Commissioner Deegan felt an hour was too lengthy. The City Manager stated most presentations are in response to Commission discussions. Mayor Garvey questioned whether this should be in the rules or if it should be just direction from the City Commission. Commissioner Deegan wished to have the change placed in the rules that there be no more than one presentation or more than a total of thirty minutes of presentations at each meeting. Commissioner Thomas suggested adding a caveat "without special approval of the City Commission. Commissioner Deegan indicated that presentations are mainly to educate the City Commission on particular issues. It was suggested that if presentations are not requesting action of the Commission that they be limited to Monday meetings. If a decision needs to be made, the presentation should be made during Thursday night meetings. It was the consensus that Monday would be for educational presentations only with no more than one presentation or more than 30 minutes total spent on presentations. Commissioner Thomas questioned whether or not citizens who wished to address the Commission could to be heard at either the Monday or Thursday meetings. Commissioner Berfield expressed concern for older people not wanting to be out late for the Thursday night meetings. The City Manager questioned how many requests there have been for citizens to be heard on Monday. Commissioner Thomas did not see what harm there would be to allow speakers on both days. It was the consensus to put this matter on the Monday meeting order of business after Presentations. Commissioner Thomas suggested that Rule 10 be amended to provide the specific order of business for the two different meetings. This will be provided. Commissioner Thomas questioned the difference between the rules for legislative and variance public hearings. The City Attorney indicated that a variance is quasi-judicial and somewhat different from the other administrative public hearings held by the Commission. Commissioner Thomas suggested that they add that all speakers be identified with the City Clerk and if there was a need for extra time, they would apply for that two weeks in advance. Commissioner Deegan was opposed to a complicated process of registering. The City Attorney explained variance procedure. Commissioner Deegan stated he liked the separation of the public hearing process for the two types of public hearings. He stated control is lost during comments in support or opposition and there needs to be a way to limit needless repetition. Commissioner Thomas also felt there should be time limits for staff presentations. Commissioner Deegan felt the staff needed to be trained but that it did not need to be in the rules. Further discussion ensued regarding the need to have discipline in the meetings and limit people to the time allotted for speaking. Commissioner Berfield expressed concerns regarding the difference of times allowed for representatives of groups stating she felt people would say they represent a group when they really don't in order to get additional time. It was the consensus of the Commission to eliminate the 10 minutes allowed for spokespersons of groups. Discussion ensued regarding the provisions for statements of opposition and rebuttal by opposition in the legislative and administrative matters. It was the consensus to delete these two items. It was also the consensus to delete number one in both types of public hearings which called for the City Clerk to announce that the public hearings had been advertised. The City Clerk also questioned whether or not the Commission wished to address the practice of some people "giving" their three minutes to another speaker. It was the consensus to include a provision that speaking time is not transferrable. Questions were raised regarding special presentations of widespread public interest. It was the consensus to change "presentations" to "items." Discussion ensued regarding whether or not there should be a time limit on this. Commissioner Thomas expressed concerns that there have been some presentations which have gone on and on. The City Manager expressed concern that most of these presentations involved significant complicated issues that sometimes require more than 30 minutes to cover. There was agreement that this was the case. There was also concern that there needed to be some discipline. It was the consensus not to change this at this time but if it does become a problem, it will be addressed. It was also stated that the chair has the authority to note when a presentation is becoming repetitious or lengthy. Rule 11 Regarding when motions can be reconsidered or rescinded. Commissioner Thomas felt this rule was redundant. Mayor Garvey felt it should be left in the rules as a reminder. No change was directed. Rule 12 Regarding the manner in which items are agendaed. Commissioner Thomas felt that the order of the agenda should be able to be changed by a majority vote rather than a 4/5's vote. Commissioner Berfield pointed out there was also a provision for motions to be rescinded by a 4/5's vote in Rule 11. Commissioner Deegan pointed out that a super majority being required to rescind action provides stability. Commissioner Thomas felt there should be consistency. Commissioner Thomas moved to change Rules 11 and 12 to allow the motion to rescind, and the direction to reorder the Agenda to be carried by a majority vote rather than a 4/5's vote. The motion was duly seconded and carried unanimously. Rule 14 Regarding the making of motions and debate Commissioner Thomas questioned whether this rule was covered by Roberts Rules of Order. It was suggested that the Rule be left in. Discussion ensued regarding members of the Commission being allowed to speak and whether or not debate could be cut off. It was the consensus to amend Rule 14 by eliminating the phrase "except by an affirmative vote of four members" from the second to the last sentence of the Rule. A question was raised regarding a tie vote continuing an item. The concern was if a motion continues to be tied, the item would be continued at each meeting. Commission requested staff bring back language that would have a first tie vote continue an item but a second tie vote would cause the item to be tabled until its return to the Agenda is requested by the City Commission or City Manager. Rule 15 The consensus was to delete "for the previous question" regarding which motions are not debateable. Rule 16 Regarding time allotted for speakers. Mayor Garvey pointed out that this is in conflict as it allows up to five minutes. Commissioner Deegan moved to delete Rule 16. The motion was duly seconded and carried unanimously. Rule 17 Regarding recesses and meals. It was suggested to change the reference to "dinner" to "meals." Mayor Garvey questioned whether a vote would be required in order to break for a meal. Commissioner Deegan indicated he felt this was appropriate as there may be times when the majority of the Commission wish to keep going and have meals brought in. Mayor Garvey felt that would add extra expense. Commissioner Deegan felt that Commissioner members could pay for their own meals. Commissioner Thomas suggested a sentence be added to allow any member of the Commission to move for a recess at any time during the meeting. He felt there were times when the Commission wished to ask for five minutes. Mayor Garvey expressed concerns regarding Commission members doing business on City time. Commissioner Deegan pointed out that a recess would still require a majority vote. Commissioner Thomas stated that he was talking about five minute recesses. Commissioner Deegan moved to amend Rule 17 to change "dinner" to "meals" and to add a sentence that any member of the City Commission can make a motion for a recess at any point in the meeting for an appropriate reason. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan, Fitzgerald and Thomas voted "Aye" and Mayor Garvey voted "Nay." Motion carried. Rule 18 Regarding material to be provided to the Commission Commissioner Thomas requested all correspondence be delivered to the City Commissioners before release to the press. The City Manager asked how long a time frame Commissioner Thomas was referring to. Commissioner Thomas indicated 24 hours. Commissioner Fitzgerald stated that although he has gotten calls about items on which he has not received information, he would not support holding information from the press. He questioned when the 24 hours would begin and end. Commissioner Thomas stated that under the law, the information does not have to be provided unless requested specifically. He stated the City of Clearwater goes the extra ten miles to comply with the public records law. He supported providing all information but he felt it was common courtesy to allow the Commission to have a 24 hour head start. Commissioner Deegan expressed concern that this was unnecessary. He requested that the City Attorney be added to the individuals providing information to the Commission. Commissioner Thomas stated he was requesting a delay of 24 hours. Commissioner Berfield suggested that it just say "after received by the City Commission." The City Manager indicated that compilation of the mail is completed around 3:00 p.m. and it is then sent to the Commission through rotating fax machines. The press copy is sent to the City Clerk department. Commissioner Berfield stated she felt it could be held until the City Commission received it but 24 hours was a long time. She did feel that the City of Clearwater goes out of its way for the press. Commissioner Deegan said he would agree with availing the information to the press once the materials were faxed or picked up. Commissioner Thomas suggested noon the next day. Commissioner Berfield suggested it be after it was received by the City Commission. The City Manager requested that the Commission specify a time. Commissioner Deegan suggested the next morning at 9:00 a.m.. Commissioner Deegan moved that all materials from the City Manager and the City Attorney be provided to the press and to the public via a special box in the City Clerk's department at 9:00 a.m. on the morning following receipt by the City Commission. Commissioner Berfield questioned why the specificity was necessary. The City Manager indicated he believed there would be Sunshine Law problems. Commissioner Deegan indicated they were not refusing to give it to the press if asked. Commissioner Thomas added the press has to ask specifically for an item. The City Attorney indicated they could come in and ask to see what was sent to the City Commission today and all materials would have to be provided. Commissioner Deegan emphasized the Commission is just wishing to receive the material prior to the press receiving it so they will be able to answer questions. Commissioner Thomas stated if the City Attorney was saying that there would be violation of the Sunshine Law to leave the rule alone. Commissioner Deegan withdrew his motion but still requested the City Attorney be added to the rule. Mayor Garvey indicated they did not wish to receive legal advertisements and other such items. Commissioner Deegan agreed that the City Attorney should use his common sense regarding what to send out to the Commission. He said he did not want to see all advertisements, only those that a prudent person would know were of interest to the Commission. It was the consensus to add City Attorney to Rule 18. The City Manager indicated, regarding lawsuits, the media checks the court house and, while the suit may be filed, the City may not be notified for up to ten days. Rule 19 Regarding how correspondence is to be handled and copied Commissioner Thomas indicated he is getting copies of everything that goes to the City Commission. Mayor Garvey pointed out that each Commissioner has the ability to deviate from the published rule. The City Manager felt that all City Commissioners should be getting the same thing. Commissioner Deegan questioned whether or not he meant publications. The City Manager indicated he did not. Commissioner Thomas stated this should apply to outgoing mail as well as incoming. Commissioner Deegan pointed out the City Manager is asking that all Commissioners be treated the same and that would eliminate the "Read File." Commissioner Thomas questioned whether or not there would be daily delivery of mail. The City Manager indicated he would like to see daily delivery of mail and use of the fax machine only for unusual cases. Commissioner Thomas questioned whether or not delivery could be every other day. General agreement was that delivery should be every day. The City Manager agreed with this due to the need for timely information getting to the Commissioners. Mayor Garvey felt that delivery should be to homes, not to businesses. It was the consensus of the Commission to start daily delivery of mail. Rule 19a Rule 19a is to be reworded to delete "Read File" and accommodate daily mail delivery. Rule 19b Regarding anonymous letters The City Manager questioned whether or not he could add "anonymous suggestions" to the list of things not to be distributed. Commissioner Thomas indicated he wished to see them all. Commissioner Deegan suggested the rule be left the way it is. The City Manager expressed concern regarding some character assassinations being carried out through the suggestion form and a person not being required to identify himself. Consensus was to add "and suggestions" to Rule 19b. Commissioner Thomas expressed concerns that there are some things that are not vicious on which action could be taken and he would like to get them. Commissioner Deegan suggested adding anonymous to the verbiage to be written for Rule 19a. Rule 19c No need for change Rule 19d Regarding personal and confidential mail Mayor Garvey felt if mail marked "Personal" turned out to be for City business, the mail should be returned to City Hall. Commissioner Deegan disagreed, stating it should only be required that the mail be made available if it is requested. The City Manager indicated that any mail marked "Personal" or "Confidential" will be handled according to these rules. Rule 19e No need for change Rule 19f Regarding responsibility for responding to correspondence. Some concern was expressed regarding the staff being responsible for responding to correspondence. An example was brought up regarding a letter received in October from Mrs. Cormier indicating that a letter from Mr. Infinger, written in July, had not yet received a response. The City Manager indicated that sometimes correspondence is making a point and no reply is required. Commissioner Deegan questioned how Commissioners knew if a letter addressed to the Commission as a body had been responded to. Commissioner Deegan felt it was impolite not to acknowledge receipt of a letter and he felt the Commission needed to address how they wished this to be handled. Discussion ensued regarding copies of responses being sent to the Commission. The City Manager suggested a rubber stamp be obtained which would indicate that a response is being prepared. A blank space on the stamp could be filled in with the name of the person preparing the response. Once the response was ready to be sent, it would be copied to the City Commission. Commissioner Deegan expressed concern that staff would be responding without the City Commission knowing what the response was. Commissioner Thomas stated he responded to everything addressed personally to him but did not respond to blanket City Commission correspondence. Commissioner Deegan felt it would be appropriate for staff to respond if a Commissioner requested it. He stated, however, for them not to know the wishes of the Commission would be a problem. He suggested a round robin approach of the Commissioners taking turns responding to correspondence. Mayor Garvey suggested that the letters be acknowledged and that staff be requested to respond. Commissioner Berfield suggested that when the correspondence was addressed to the full Commission, that the reply should begin with "On behalf of the City Commission." Mayor Garvey agreed that every letter would be acknowledged by the Mayor. Commissioner Thomas indicated that when mail is addressed to individual Commissioners each Commissioner should respond. Commissioner Deegan reemphasized that the Commission would be receiving copies of the detailed replies from staff. It was reiterated that it was the desire of the Commission that if the mail was addressed individually, it would go directly to that City Commissioner. Commissioners could ask staff to respond if that was their desire. It was requested that the City Attorney and City Clerk work together to write up language that would cover this. Rule 19g Deleted. Rule 19h Regarding malicious mail No change. Commissioner Deegan suggested that a rule be added requiring reports from City Commission members serving on interlocal agencies as representatives of the City. Mayor Garvey stated that the representative of the PSTA is not a representative of the City of Clearwater but of Pinellas County. Commissioner Deegan reemphasized that they are delegated authority by the City Commission and that the City Commission should be informed about what's going on. Commissioner Deegan moved to add a sentence that City Commissioners representing the City Commission on interlocal boards or agencies should keep the City Commission and the City Manager informed of such activities periodically, with written or verbal reports, as deemed appropriate by each City Commissioner. The motion was duly seconded. Mayor Garvey expressed concerns regarding the cost of providing all this information. Upon the vote being taken, Commissioners Berfield, Deegan, Fitzgerald and Thomas voted "Aye" and Mayor Garvey voted "Nay." Motion carried. Rule 20 Suggested new rule regarding the Commission's involvement with the procurement process was suggested. Commissioner Fitzgerald stated he was the Commissioner who suggested the addition of this rule. He stated the City of Clearwater needs to be clear regarding how it deals with providers of services or materials and that there needs to be an open and honest bid process. He also felt there should only be one point of contact with City staff and the City Commission should not become involved in these negotiations. He stated this would also make sure that all vendors get the same information in the same format. He said this would not allow City Commissioners to be dealing with providers independently. Commissioner Thomas asked for an example. Commissioner Fitzgerald indicated a Dallas company had worked on the Maas Brothers site and that Commissioner Thomas had contact with those individuals. He stated that two proposals were submitted to the City Manager and one was submitted directly to Commissioner Thomas. Commissioner Thomas stated that the Commission had given him permission to do that. Mayor Garvey indicated that contact had been made with these individuals prior to that permission being given. Commissioner Thomas requested that the following be added "Provided the information is not already in the public domain." Commissioner Fitzgerald reemphasized that if the City goes out for a Request for Proposal on which the Commission is to make a decision, it should be turned over to City staff to follow specific guidelines. He expressed concern that if each Commissioner started dealing with people, they would have to be very cautious about not providing someone with information that someone else has. He felt that this rule would make it crystal clear. Commissioner Thomas indicated he did not intend to support anything that would tie the hands of Commissioners in dealing with companies to bring business to Clearwater that would benefit the City. Commissioner Fitzgerald felt this was a gray area. Commissioner Thomas expressed concern that he would not be able to communicate with the outside world. He felt that each Commissioner had talents that should be used. Commissioner Fitzgerald indicated that as decision makers they should not be contacting companies personally and that this should be handled by staff. All vendors should be contacted in the same manner. He felt that this was one reason for the implementation of the Sunshine Law. Commissioner Thomas stated he did not believe the Sunshine Law was intended to deal with individual City Commissioners dealing with other non-elected agencies. He stated the Sunshine Law does not prohibit him from talking to anyone not on the City Commission. Commissioner Deegan suggested that this was more a policy than a rule and that it should be discussed during a policy book discussion. Commissioner Berfield expressed concerns for getting a phone call from someone asking what was being looked for. The City Manager indicated that they were getting into an area which should be routed through the purchasing department in order to assure that all parties receive the same information. Commissioner Thomas indicated he did not intend to delegate the authority of the City Commission. Mayor Garvey stated that she was supportive of the concept as a policy, not a rule. Commissioner Fitzgerald stated he wanted the record to reflect his concern and he brought forward this recommended rule as it was very easy to cross over the line and provide an undue advantage to a particular bidder. It was the consensus of the Commission to deal with this suggestion as a policy. Mayor Garvey requested a rule be added that the Commission would be governed by the Sunshine and Public Record Laws. It was questioned why it should be added when this is covered by the State statute. Mayor Garvey stated that she wanted it in there simply as a reminder. There was no consensus. Commissioner Thomas moved to add a Rule 20 to state "except as provided here and or as maybe provided by Florida law or City Charter the rules of the City in conduct of its business shall be in accordance with the latest edition of Roberts Rules of Order." The motion was duly seconded and carried unanimously. Mayor Garvey questioned whether or not there could be time limit on the Monday meeting. Commissioner Fitzgerald indicated the time limit had been removed from the Thursday meeting. Commissioner Thomas stated the limit had not been removed. It now just required a majority vote instead of unanimous consent to continue the meeting past midnight. Mayor Garvey again questioned whether or not there should be a time limit for Monday meetings. A suggestion was made that it should be 6:00 p.m.. Language will be brought forward. The meeting recessed from 4:34 p.m. until 4:46 p.m.. ITEM #7B - Water Treatment Commissioner Thomas had requested consideration of forming a committee to study the freshwater supply. Commissioner Thomas reiterated that his proposal was to form a task force to research the feasibility of developing the City's own freshwater supply. He said the committee would consist of ten people of keen interest. Mayor Garvey indicated a study had been done and it was found that it was not feasible. The City Manager indicated there was a great deal of technical information available and it was being studied by all water providers. Commissioner Thomas felt the citizens of Clearwater should be independent of all other water providers. Commissioner Deegan agreed that this was a highly technical subject. The City Manager felt that any such task force would ask for technical support and funding. Commissioner Fitzgerald pointed out that 80% of the water comes from sources other than Clearwater. Commissioner Thomas reviewed a proposal to use reverse osmosis using a tidal pool. He felt that effluent could be used to make brackish water. He stated citizens are interested in working on this project. The City Manager indicated that, as described, the committee would be charged with bringing forward ideas. He stated, however, to go beyond that point would require technical expertise. He reported a brackish water study is being done and it is showing that brackish water is not available. He indicated that desalinization is an expensive process. Commissioner Deegan pointed out that the City already has Camp, Dresser, and McKee under contract to update the water supply report. The City Manager stated the wells are being rehabilitated in an effort to produce more water. Commissioner Fitzgerald indicated that at the last briefing he had attended, discussion was beginning regarding taking effluent out of the County and putting in the ground above the well fields. It has not been decided if this is feasible or permitted. He stated there are all kinds of things happening in this regard. Commissioner Thomas indicated he was simply asking for a voluntary task force to look at this and felt there was nothing to lose. Commissioner Deegan indicated that before a task force is formed, he would suggest that there be a 30 minute presentation so there would be some understanding of the things that are going on in this area. He indicated that so far, the proper type of water for reverse osmosis had not been found north of Manatee County. The City Manager indicated that the City is close to the end of the brackish water study and that Dunedin is treating the same water lens as the City of Clearwater. Bill Baker, Public Works Director, indicated that so far there are strong indications that there is no brackish water supply available. He did indicate that City wells are back up to four million gallons a day for freshwater supply. Commissioner Thomas stated that one proposal was to take the effluent from the water pollution control plant and pipe it over to Cooper's Point in order to make brackish water and that a reverse osmosis system could be established there that may produce all of the fresh water needed. He stated the task force is being suggested in order to do brainstorming. No interest was expressed in forming the task force. ITEM #7c - Public Libraries Regarding number of items checked out Commissioner Thomas indicated he felt the library system was being abused by individuals checking out large numbers of items and allowing them to be used by people in the County or other individuals who did not hold library cards. He felt a limit of 25 books per library card should be established. Mayor Garvey indicated she did not see an abuse. Commissioner Thomas moved to limit to 25 the number of items that could be checked out per library card. The motion was duly seconded. Commissioner Berfield felt that by enforcing this rule there would be more items on the shelf. Kathy Rice, Deputy City Manager, indicated that most items checked out are children's books and they turn over frequently. She said there are three people who have more than 50 books that are overdue and that overdue books are more of a problem. She stated that the County has a ordinance that there be a $500 fine for overdue books. Commissioner Thomas agreed that something also needed to be done about overdue books but he also felt there should be a limit on the number of items. He felt there should be enforcement of the County code. Ms. Rice indicated staff was working on that and getting books back on the shelf. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye," Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Commissioner Thomas reiterated the need to enforce the laws regarding overdue books. ITEM #7d - Countryside Day - Spring 1994 - Second Annual A request has been received for the City to fund $10,000 for Countryside Day. This is an event to promote community awareness with special emphasis on the new Countryside Community Center. Commissioner Fitzgerald indicated he had spoken to an individual involved. He stated the organization committee had asked that this become an annual event. He indicated that since the City supports activities in other parts of the City, they are also asking for support. He did not know how the $10,000 amount had been determined. Mayor Garvey pointed out that a lot of the support the City gives organizations is through in-kind support, not money. The City Manager stated this should be considered in light of requests citywide. Consensus of the Commission was not to provide the $10,000. The City Manager is to respond. ITEM #7e - Fee Agreement with Snell Isle Properties, Inc. Snell Isle Properties, Inc. has made a proposal that they be provided a finders fee if they are able to sell or lease the Maas Brothers property. It was indicated that generally these fees are paid by the buyer, not the seller. It was the consensus of the Commission that it would not support providing a finders fee to Snell Isle Properties, Inc.. The City Manager is to respond. ITEM #7f - No item ITEM #7g - No item ITEM #7h - Tracking Items Commissioner Deegan expressed concern that there are no suspense dates for City Attorney tracking items. The City Attorney indicated that there are several people keeping lists and he did not know if they were aware of his deadlines. The City Manager reviewed the process stating that items generated from Commission Meetings are tracked by the City Clerk. If items come in through the mail or otherwise, Ms. Wilson, of his department, takes care of them. Commissioner Thomas felt the City Attorney should be responsible for his own tracking list. Discussion ensued regarding the tracking list and whether or not staff should be working on items prior to getting the consensus of the Commission. Commissioner Deegan requested that the two tracking lists be dovetailed to one and that the City Attorney provide dates. Examples he gave were regarding the EMS system which had no suspense date. The City Attorney indicated that he had met with the City Commissioner raising the concern and felt that this had been taken care of. It was emphasized that it should not be the responsibility of the City Manager to obtain dates from the City Attorney. Staff will work to compile one list and will ask the City Attorney for dates. ITEM #7i - Code Enforcement Certification Kathy Rice, Deputy City Manager, said that this item is still being reviewed and that Lt. Kronschnabl will be meeting with code enforcement people. She stated they want to make sure they understand the entire issue. Commissioner Deegan questioned what would happen if it was found that State action is needed. Ms. Rice indicated she would meet with the lobbyist and ask that it be an addendum to the legislative package. It was also suggested that the Florida League of Cities be contacted. ITEM #7j - Dunes on the Beach Certain dunes on Clearwater Beach were constructed by City staff in an effort to preserve sea oats. These dunes have become a maintenance problem. Sand blows into parking lots and a great deal of time is spent moving the sand back on the beach. Commissioner Thomas reiterated that this was a problem and that he felt the dunes could be removed. He said that the City created the dunes as an experiment and they now cause a massive maintenance problem. Commissioner Thomas moved to relocate the dunes. The motion was duly seconded. Commissioner Fitzgerald expressed concerns regarding the removal of the dunes, stating that from an environmental standpoint, it is not appropriate. Commissioner Deegan reiterated that the City had created the dunes. Commissioner Fitzgerald felt they had now become a fixture of the beach. Commissioner Deegan stated that the dunes, created in order to help keep sea oats, were now 18 feet high and continue to accrete. He stated businesses across Gulf Blvd. have complained about the blowing sand. Bill Baker, Public Works Director, indicated staff has learned they may not be required to mitigate by placing the dunes elsewhere. The staff could simply apply for a permit to remove. If mitigation is required, staff would provide that. Commissioner Thomas amended his motion to direct staff to pursue permits to remove the dunes. The seconder accepted the amendment. Upon the vote being taken, Commissioners Berfield, Deegan, Thomas and Mayor Garvey voted "Aye" and Commissioner Fitzgerald voted "Nay." Motion carried. ITEM #7k - Directives Mayor Garvey requested that this item be continued as there was additional information she would like to put together. The consensus was to continue. ITEM #7l - Wooden Fishing Pier Commissioner Thomas has asked that the Marine Advisory Board's recommendation to construct a fishing pier at the east end of the marina be pursued. He felt it was the responsibility of the City Commission to return some fishing areas to that use. Commissioner Deegan indicated the Harbormaster had been requested to report on the number of fishing places. He stated it was found out that there were ample opportunities to fish. Mayor Garvey indicated that according to people that fish, there are not enough places. Commissioner Thomas indicated the Sand Key Bridge would soon be gone, too. Commissioner Thomas moved to build a fishing pier at the west end of Clearwater to replace the old bridge on the Causeway. There was no second. Mayor Garvey suggested that there be an investigation by Harbormaster, Bill Held to identify the best location for the fishing pier. Commissioner Thomas indicated the Marine Advisory Board had voted to put the pier in this location. Commissioner Deegan questioned whether all alternatives had been examined. The City Manager indicated the Commission will be receiving a request to replace the fishing piers in Clearwater Pass. Mr. Baker indicated the main fishing pier at the bayfront is not in need of demolition. Mayor Garvey requested an investigation of this as well as a broader view. Commissioner Deegan suggested it be sent back to the Marine Advisory Board for further study. Commissioner Berfield agreed that the Marine Advisory Board had not reviewed all alternatives but only this one location. Commissioner Thomas stated that in considering locations for fishing piers that moving water is preferred as fishing is better there. Commissioner Berfield moved to remand the fishing pier issue to Bill Held for a more thorough overview of existing and planned sites for fishing accommodation with a recommendation from the Marine Advisory Board. The motion was duly seconded and carried unanimously. It was clarified that this is inclusive of the entire City. ITEM #7m - Commissioner Thomas' request for follow-up information regarding the N. Ft. Harrison Zoning Study During the public hearings to implement rezonings in the N. Ft. Harrison corridor, concerns had been expressed by some property owners of multiple family developments that they would be unable to rebuild under the proposed single family zoning. Some of these owners had indicated they had purchased these properties for the express purpose of providing income. The City Commission approved the rezonings but directed staff to study the possibility of amending the code to allow the multi family developments to be rebuilt if destroyed by natural disaster. Carol Schoemherr stated she would be unable to rebuild her four units under the new single family zoning. She indicated she had purchased the property for retirement income. She reported City staff's survey did not accurately reflect the number of multi family units in the area. It was indicated staff is working on an Ordinance that would allow multi family units to be rebuilt. ITEM #8 - Other Commission Action Commissioner Berfield requested an update on the hiring of a senior staff assistant for the City Commission. Commissioner Deegan questioned who would be doing the hiring. It was indicated Denise Wilson and Betty Deptula are in charge. Commissioner Deegan questioned whether or not the City Commission should be involved. Commissioner Berfield questioned whether or not the position had been advertised City wide. Betty Deptula indicated it had been advertised as a promotional position and that shorthand was required. There was concern that only two individuals on the promotional list had passed the shorthand test. It was suggested that there be advertising outside the City staff. Commissioner Deegan suggested that one City Commissioner be delegated to be involved with the interviews. Mayor Garvey stated that all City Commissioners should have the opportunity to interview the individuals, should they desire. Commissioner Berfield questioned to whom this person would report. The City Manager indicated Ms. Wilson would supervise the position. He further questioned who would evaluate this individual. It was indicated that if the Commission is to evaluate this person, they would need to go back to the Charter provisions. It was stated that an individual could report to Ms. Wilson within the rules. Commissioner Thomas indicated he had no problem with the individual working under the City Manager and Ms. Wilson. He felt the City Manager was astute enough to know that input from the City Commission will weigh heavily on the evaluation on the individual. He stated he would like Rosemarie Kafer, Certified Legal Assistant and Director of Community Relations for Commissioner Thomas, to participate in the interview process. The City Manager expressed concern that Ms. Kafer is not a City employee. Discussion ensued regarding how the interview process should be handled. Commissioner Thomas expressed concern regarding shorthand being required, stating this had reduced by 80% the number of applicants. The consensus was to advertise outside in order to obtain more applicants. The City Manager suggested that he be allowed to pare down the candidates and make a recommendation to the Commission. The consensus was for him to do this. The consensus was also not to hire a temporary during this time. Commissioner Berfield questioned a memorandum from the City Clerk regarding the Charter Review Committee. It was suggested that each Commissioner appoint two members. The City Clerk pointed out that the Commission also needed to decide whether or not they wished to discuss further any direction they wanted to provide the committee. This is to be discussed at the meeting of November 29, 1993. Commissioner Berfield questioned the scheduling of the Walgreen's alcoholic beverage separation public hearing. It was indicated that it is currently scheduled for November 18, 1993. Commissioner Berfield requested consideration be given to amending the occupational license code so as not to allow the issuance of temporary licenses until a police check has been completed. Ms. Rice indicated staff would like direction regarding which licenses should require a background check. This will be discussed when the ordinance is brought forward. Commissioner Berfield questioned the evaluation of the City Manager and City Attorney. It was a general consensus that the City Attorney's evaluation should wait until the audit underway is complete. Commissioner Berfield requested the evaluations not be done as they have been done in the past and felt strongly that it was unfair to evaluate an individual in public. She stated the Charter does not require a certain method and that it can be done one on one, written, or by someone hired for the task. Discussion ensued regarding whether or not a evaluation form should be developed and what method should be used. Commissioner Thomas requested the standards that had been set for the City Manager. It was indicated that while this had been discussed, it had not been completed. A copy of the minutes from the last evaluation was requested. Commissioner Fitzgerald indicated he had developed an efficiency report form that he would provide if he still had it available. Commissioner Berfield questioned a letter from the County regarding sewering unincorporated property. It was indicated that this has been postponed. Commissioner Deegan emphasized he would not concur with what they were proposing. Commissioner Berfield distributed a picture of a library on top of a parking garage. Commissioner Berfield questioned the status of the Norman Bie property. Ms. Rice indicated that staff was working regarding this. The City Manager indicated that it is virtually impossible to permit any development of the site. He stated they are currently requesting $200,000 for the property. Commissioner Berfield asked that more information be obtained from Tom Miller regarding what he is looking at in regards to that property and the priority of what it means to downtown. The City Manager indicated a downtown retention area is being considered and that this property is not going to sell anytime soon. Commissioner Thomas questioned whether or not a marina would be possible and the City Manager indicated that he did not think so. Ms. Rice indicated that when this is brought back, Mr. Miller will review this property as well as the entire downtown water retention issue. Commissioner Deegan questioned the status of the ordinance to change the voting procedure for the Downtown Development Board. The City Clerk indicated that drafts have been reviewed by both the City Attorney and City Clerk departments. It was the consensus to schedule this ordinance for first reading for November 8, 1993 and second reading for November 18, 1993. Commissioner Deegan questioned the memorandum from Jeff Harper, Administrative Services Director, regarding the retirement of the City nurse. Betty Deptula, Assistant City Manager, indicated this position was reevaluated and it was found that the City needs a worker's compensation person. A nurse is no longer needed. Commissioner Deegan also questioned a suggestion from Jeff Harper regarding the light duty policy. Ms. Rice indicated this is something that is covered by contract and that staff is working on it. Ms. Deptula indicated when employees are injured on the job, the City tries to get them back to work as soon as possible. She stated the Water Division staff has suffered a number of injuries and those employees have been assigned to different departments in a light duty status. There has been a concern that the Water Division will be unable to meet their goals due to being short staffed. Ms. Rice indicated the City is taking active measures regarding those that the City does not believe to be truly injured. Commissioner Deegan expressed concern regarding Marion Goodman's allegations that the Long Center refers people only to vendors that have made contributions to the Long Center. He felt that the Commission needed to take a positive action in this regard and asked that the Commission give direction to the appointees to the Long Center Board. Commissioner Thomas indicated he has a meeting scheduled with Fred Fisher to discuss this policy. Commissioner Thomas indicated that there was some validity to recommending individuals who make significant contributions, however, the City Commission needs to know the criteria. Further discussion ensued regarding the policy with the consensus being that Mayor Garvey was to write a letter to the City's appointees to the Board asking them to address this policy. Commissioner Deegan requested status of a response to a memorandum regarding internal audit. Ms. Deptula indicated that she planned to have it completed the next day. Commissioner Deegan requested the status of the new business development program and the request for input from the Chamber of Commerce. The City Manager indicated he had contacted the Chamber and will do so again. No response has been received. Commissioner Deegan questioned the letter from Mr. Ford to Chief Klein regarding problems along Betty Lane. The City Manager indicated he had staffed this out last week. He stated it may be an enclave issue. Commissioner Deegan questioned how staff planned to address complaints by Pierce 100 residents not being able to get out in conjunction with the reconfiguration of Drew Street. Commissioner Deegan questioned who was accountable for code violations, the property owner or the business owner. Ms. Rice indicated Lt. Kronschnabl is investigating this and will report by the end of next week. Commissioner Thomas questioned the City Attorney regarding action taken regarding the violation by the School Board of the tree ordinance. The City Attorney indicated he would have a report this week and will take action if necessary. The City Manager indicated the School Board will be coming forward to ask for major road work to benefit the school system. He stated this could be used for negotiation purposes if needed. Commissioner Thomas expressed concerns that while a report had been requested from Ms. Breland on the summer program, one had been received from WorkForce. Ms. Rice indicated that the program needed to be reviewed to see if it is doing what it needs to be doing and how to determine what the real needs are. Commissioner Thomas requested the status of the Barnett Bank Building option. The City Manager reported the option expired Friday and that he instituted due diligence to begin in the morning. Ms. Rice indicated she had spoken to Dean Rowe and Mr. Fowler. Mr. Fowler is to update his previous due diligence report and he is putting together a proposal. Commissioner Thomas questioned whether or not there would be any follow-up to his recommendations regarding the Police Department. The City Manager indicated there would be. OTHER ITEMS ON CITY MANAGER REPORT ITEM #9 - Presentation re: recycling program (CM) AND ITEM #10 - Contract for recycling to the City of Clearwater for 5 years, beginning 1/3/94 (CM) Commissioner Deegan moved to continue these items to November 15, 1993. The motion was duly seconded and carried unanimously. ITEM #11 - Beautification Committee - 1 appointment (CLK) Commissioner Thomas moved to reappoint Barbara Brooks. The motion was duly seconded. Commissioner Deegan pointed out that according to a change in the ordinance, membership on this committee was to be set aside for a young person. He stated that he would prefer to continue this item until a young person could be found. Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Thomas and Garvey. "Nays": Deegan. Motion carried. ITEM #12 - Library Board - 2 appointments (CLK) Commissioner Thomas moved to appoint Pamela LeClair. The motion was duly seconded and carried unanimously. Commissioner Deegan questioned whether or not the age of Ms. LeClair had been reviewed. Mayor Garvey requested consideration of Shirley Kennedy to this position as she is a former librarian or Trudi Bils who is new in town and whose husband is on a Community Consensus Committee. Commissioner Fitzgerald nominated Shirley Kennedy. There was no second. Commissioner Thomas moved to appoint Trudi Bils. The motion was duly seconded and carried unanimously. ITEM #13 - North Greenwood Design Review Committee - 3 appointments (CLK) Commissioner Berfield moved to continue this item. The motion was duly seconded and carried unanimously. Commissioner Thomas recommended that a letter be sent to the leadership of all the different organizations in Greenwood requesting names. ITEM #14 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #15 - Other City Attorney Items - None. ITEM #16 - City Manager Verbal Reports The City Manager reported that they had met with the Department of Transportation regarding on street parking on Cleveland Street. He stated he will submit an application and they are to approve it on a fast turn around time. He stated that plans will be presented to the City Commission prior to the DOT. The plan will result in 62 spaces along Cleveland Street and it will affect residents of Pierce 100. He stated a presentation will be made to the Tourist Development Council on November 10, 1993 regarding the request for TDC monies for the renovation of Maas Brothers. He stated dress rehearsal will be held on Friday. Ms. Rice indicated the meeting of the TDC will be begin at 8:30 a.m. at the ThunderDome. Mayor Garvey questioned the status of the Brown lease. The City Attorney is to report. ITEM #17 - Adjournment The meeting adjourned at 7:15 p.m..