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12/13/1993 CITY COMMISSION MEETING December 13, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, December 13, 1993 at 1:01 p.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 (arrived 2:41 p.m.) William C. Baker Public Works Director 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 Six service awards were presented to City employees. The meeting was recessed for the CRA meeting and reconvened at 2:21 p.m. ITEM #2 - Minutes of the Regular Meetings of October 21 and November 8, 1993 Commissioner Berfield pointed out regarding the November 8, 1993 minutes on page 21, third paragraph from the bottom, "point" should be "paint", and in the October 21, 1993 minutes, on page 29, fifth paragraph from the bottom, "there" should be "they are". Mayor Garvey requested the spelling of "Healed" on page 6 of the October 21 minutes be checked and on page 33, "Goodgar" should be "Goodgame". Commissioner Berfield moved to approve the minutes of the regular meetings of October 21, 1993 and November 8, 1993, as corrected. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items # 3-21) - Approved as submitted less Item #13, #15 and #19. ITEM #3 - Purchase of equipment maintenance services for the Xerox 5090 duplicator from Xerox Corp., Tampa, FL, for the period 1/18/94-1/17/95, for an est. #32,823 (AS) ITEM #4 - contract for Digital VAX 4000 hardware & operating software maintenance to Digital Equipment Corp., Tampa, FL, for the period 1/1/94-9/30/94, at an est. $21,024 (AS) ITEM #5 - Purchase of black polyethylene pipe and fittings from: M.T. Deason Co., Inc., Birmingham, AL, at an est. $1,075,024.30, Equipment Controls Co., Norcross, GA, at an est. $118,182.50, Perfection Corp., Madison, OH, at an est. $52,845, & Phillips Engineering Co., Clearwater, FL, at an est. $26,552,50, for the period 12/14/93-12/13/94, for a total est. $1,272,604.30 (GAS) ITEM #6 - Contract for Residential Gas Meter Change Out to West Coast Plumbing, Palm Harbor, FL, at an est. $35,000 (GAS) ITEM #7 - Purchase of diesel fuel from BP Oil Company, Atlanta, GA, for the period 12/16/93-12/15/95, at an est. $404,800 (GS) ITEM #8 - Purchase of Premium fuel from Louis Dreyfus Energy Corp., Atlanta, GA, for the period 12/16/93-12/15/95, at an est. $880,000 (GS) ITEM #9 - Purchase & installation of radio equipment compatible with the Ericsson/GE 800 mHz Trunked Radio System from Ericsson/GE Mobile Communications, Inc., Tampa, FL, to correct deficiencies at Countryside Mall, for a total system cost of $32,586 (GS) ITEM #10 - Contract to D'Andrea Electric, Inc., for the Marina Electrical Distribution System, for $38,537; transfer of $38,537 from unappropriated retained earnings of Marina Fund into CIP 93480 (Marina Sidewalk Replacement) (MR) ITEM #11 - U.S. Postal Service Lease Amendments to lease dated 1/26/66, for an increase of $334 for a new total of $6334 and to lease dated 7/14/93 for an increase of $334 for the Basic Term for a new total of $36,260 per year, an increase of $501 for the first 5-yr option for a new total of $38,223.30 per year and an increase of $666 for the second 5-yr option for a new total of $40,274.42 per year, for the addition of one parking space in the marina parking lot (MR) ITEM #12 - Contract for modification to police pistol range at Countryside Substation Complex to Anderson & Birchard Design/Build Group, Inc., Seminole, FL for $144,996 (PD) ITEM #13 - See page 3. ITEM #14 - Board of Trustees of the Clearwater Police Supplementary Pension Plan - reappoint William Schwob (PD) ITEM #15 - See page 4. ITEM #16 - Purchase & installation of replacement playground equipment for Valencia Park, Cypress Point Park, and Montclair Park from Park Structures, Inc., for $20,076 (PR) ITEM #17 - Renewal of agreement with The School Board of Pinellas County providing for the joint use of facilities for the period 1/1/94-12/31/94 (PR) ITEM #18 - C.O. #4 to the 1992 Sidewalk Replacement Contract to MTM Contractors, Inc., Pinellas Park, FL increasing the amount by $57,830 for a new total of $277,574.43; approve an extension of earnings of the Marina Fund into CIP 93480 (Marina Sidewalk Replacement) (PW) ITEM #19 - See page 7. ITEM #20 - Purchase of 28,000 yellow 18-gallon plastic curbside recycling containers from Piper Industries, Garland TX, for $82,040 (PW) ITEM #21 - Sanitary sewer lien agreement (1736 Lucas Drive - Warner) (CA) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #13, #15 and #19 and that the appropriate officials be authorized to execute same. The motion was duly seconded. The Mayor pointed out the dollar amounts of expenditure in Items #5, #8 and #12. Upon the vote being taken, the motion carried unanimously. ITEM #13 - Purchase of a complete firearms training simulator with peripherals (F.A.T.S.) from Firearms Training System, Inc., Norcross, GA, for a total of $116,603 (PD) The Police Department has identified a need to supply its police officers with judgmental shooting training. Although officers qualify twice annually, there are limitations associated with moving target training, "shoot/don't shoot", shooting under stress and other discretionary shooting scenarios. The police pistol range, although a viable training facility for familiarity and accuracy, cannot solely assist the department in the area of high liability associated with police officer shootings. The purchase of the Firearms Training System (F.A.T.S.), a state-of-the-art training simulator, will allow the department to address these issues and could greatly minimize the liability connected with the use of firearms by the law enforcement community. It has been used successfully in court to defend police officers and departments on several occasions. The F.A.T.S. is highly regarded in the law enforcement and military communities. This system is described as a simulator which provides life-sized realistic projections of decision making scenarios actually drawing the student into the realistic action. The F.A.T.S. system is operated by an instructor through the use of a computer keyboard and hard copy printer which gives the capability of retaining a history of each student's performance. The proposed purchase would include one five-lane simulator, two stand-alone weapons, five system-controlled weapons and six judgmental video discs. There are currently two F.A.T.S. machines in Pinellas County. Both are owned by the St. Petersburg Junior College, St. Petersburg Campus and the Police Academy Range, St. Petersburg, Florida. It is very difficult and cost prohibitive to schedule City officers for training. By purchasing a machine, the City would see an annual saving of $16,564.00. Commissioner Deegan questioned why this purchase was not planned ahead. City Manager Michael Wright responded this item was requested to be brought forward by Commissioner Thomas. Police Chief Sid Klein stated a recent officer shooting created the urgency for this item. The cost is being offset by budget reductions elsewhere. Chief Klein indicated City officers are currently training, on a limited basis, on two simulators at St. Petersburg Junior College. He said this is difficult due to the impact on the officers' time in having to travel to St. Petersburg. More officers could train if the machine was available locally. In response to a question from Commissioner Deegan, he said he is satisfied this machine is the best you can buy. He distributed a brochure regarding video training systems, stating there are variable scenarios based on an officer's skill level. Commissioner Thomas felt high-tech training of police officers is essential. He indicated he hopes to obtain driving training simulators also, because adequate driving training cannot be obtained on an oval track. Commissioner Berfield questioned if the shooting simulator would enable doing away with the pistol target range. Chief Klein responded the simulator is for discretionary shoot/don't shoot training. The gun used is outfitted with a laser and would not take the place of pistol range practice. Discussion ensued regarding the technology of the future for this type of equipment. Commissioner Berfield moved to approve purchase of a complete firearms training simulator with peripherals (F.A.T.S.) from Firearms Training System, Inc., Norcross, GA, for a total of $116,603. The motion was duly seconded and carried unanimously. ITEM #15 - Agreement with The Chi Chi Rodriguez Youth Foundation, Inc., for their operation of the Glen Oaks Golf Course for the period 1/3/94-1/2/99 (PR) On November 17, 1988, the City Commission approved an agreement with the Chi Chi Rodriguez Youth Foundation, Inc. for the operation of Glen Oaks Golf Course. The term of the agreement was for five years, beginning on January 8, 1989, and ending on January 2, 1994. Said agreement could be renewed for one successive five-year period with approval of both parties. The proposed agreement is for a new five-year period which is from January 3, 1994 until January 2, 1999. This new agreement is identical to the current agreement except for dates and the following two items. 1. The existing agreement, in paragraph eight, includes wording whereby the Foundation was required to make payments to the City for the Foundation's purchase of the original golf course maintenance equipment and irrigation system materials. Since these items have been paid in full, reference to same has been eliminated from the new agreement. 2. All insurance required of the Foundation remains the same under the new agreement, except that the minimum limit under the "Business Auto Policy" portion has been reduced from $1,000,000 to $500,000 per occurrence, combined single limits for bodily injury liability and property damage liability. This reduction was agreed to and approved by the City's Risk Manager. Commissioner Deegan, referring to page 5, #15 of the agreement, indicated he did not think annual financial statements have been submitted by September 1 and suggested changing this deadline to one which can be met in the future. Ream Wilson, Director of Parks and Recreation, said he would investigate. In response to a question, Mr. Wilson stated the annual statement is sent to Finance for review. Regarding page 6, #18, Commissioner Deegan questioned adding another five-year term renewal to the agreement. He asked how many times this can be done and what the limitations are. Mayor Garvey felt it to be to the advantage of the citizens for someone other than the City to operate the golf course because of the expense of staff and maintenance. Commissioner Berfield suggested a five-year contract with a renewal option to be addressed one year prior to expiration because it is not known what will be done regarding the Stevenson's Creek project. Commissioner Deegan suggested changing the language to indicate the contract will be looked at every five years. Commissioner Fitzgerald suggested amending #18 to read, "...may be renewed for successive five (5) year periods with approval of both parties." Commissioner Deegan moved to amend page 6, #18 by striking "one (1)" and adding "(s)" to the word "period". The motion was duly seconded and carried unanimously. Mr. Galbraith arrived at 2:41 p.m. Commissioner Thomas questioned renewing the agreement at all, stating more information is needed regarding the Stevenson's Creek stormwater retention issue. He expressed concern with "giving away" the property to operate a golf course which is not generating any revenue for the City. He requested the Finance Division and Parks and Recreation Department examine the options and present their recommendations for better uses of this land and whether revenue can be gained from the property. Mayor Garvey objected to developing the land as anything other than a golf course. She stated the City did manage the course in the past; however, could not maintain it. She felt the course is being well run now and the citizens are saving money because the City does not incur the operating expenses. She also expressed concern regarding losing the program dealing with children. Commissioner Berfield noted there was strong citizen support in the past for keeping the golf course open and she supported approving this agreement as amended. Mr. Wright stated, due to the property being zoned open space recreation, any other use would require referendum approval. Commissioner Thomas felt staff should periodically evaluate the options in long-term contracts involving huge pieces of land. He questioned the City being unable to operate the golf course in the past. Mr. Wilson stated while the City's General Fund subsidized the Glen Oaks golf course, there were frequent complaints from golfers. In comparison, there are a lot of volunteer dollars contributed to the Chi Chi Rodriguez Foundation which help fund the current operation. He stated in other cities, municipally operated courses, in addition to the greens fees, generate revenue from alcoholic beverage sales at the "19th hole". He indicated if the City operates the course, staff expenses continue to go up. He also pointed out that the Foundation had just rebuilt the first nine holes of the course. The Mayor repeated her support of keeping the golf course. Commissioner Thomas did not want to keep rubber stamping this type of long-term operation and felt more information is needed regarding the best use for this property. Commissioner Berfield suggested staff prepare a comparison report of the costs when the City ran the course and what the Foundation has done since. She suggested this matter be continued to allow Mr. Wilson time to look at whether or not more parks are needed. Also, if financial statements are required, she indicated the agencies involved should be compelled to submit them. Discussion ensued regarding for how long to continue this item and whether to renew the contract for a short term or continue on a month-to-month basis. In response to a question from Commissioner Thomas, Mr. Wilson stated other options have been considered for the property. At one time, it was considered for an urban park; however there were concerns regarding drainage. Mayor Garvey stated one Commissioner wanted to put townhouses along the east side. Mr. Wilson indicated it was originally a private golf course. Citizens requested the City purchase it in order to assure it remained a golf course. Mr. Wright questioned what is wanted other than financial reports. Commissioner Berfield repeated her concern that agencies required to file information should be held accountable for submitting it. Commissioner Deegan supported requiring a background analysis any time an agreement of this type comes up for renewal. Discussion continued regarding for how long to continue this item. Mr. Wright indicated, in examining other uses, some site planning could be required, which would take a longer time. The Mayor, who expressed concern with this use of staff time, felt the item should be brought back Thursday and approved as submitted. She stated discussion of other uses could be held over the next five years. Commissioner Thomas stated he is not saying there should not be a golf course but he wants to see the options available prior to making a decision. Commissioner Deegan moved to change the time frame for renewal to a month-to month basis and have staff come back with additional information regarding alternative uses of the property within 90 days. The motion was duly seconded and upon the vote being taken, Commissioners Deegan, Berfield and Thomas voted "aye"; Mayor Garvey and Commissioner Fitzgerald voted "nay". Motion carried. ITEM #19 - Purchase of 8 curbsort recycling trucks from Sun State International Trucks, Inc., Tampa, FL, for $464,020.16; approve lease/purchase thru Security Capital Corp. (PW) Thirty-two bids were solicited. Eight suppliers responded and offered twelve trucks. There were fourteen no responses and ten no bid responses. Of the ten no bid responses, three did not offer the product, six were unable to meet specifications and one schedule would not permit a bid. The low bidder was Municipal Sales at $431,552.00, which was $4,058.52 per truck lower than the recommended supplier, Sun State International Trucks, Inc. The low bidder arranged a trial demonstration of his product for examination by Fleet Maintenance and Solid Waste Personnel. The demonstration involved a two-year-old vehicle in service in Largo. Examination of that vehicle revealed serious structural cracks on the four corner posts of the body. A poor quality modification of the cab for low entry was evident and resulted in limiting driver visibility. The second lowest bidder, and recommended vendor, provided a sample truck that had been operated in the field for approximately one year. The quality of the cab conversion for low entry to include visibility was far superior. The body was holding up well. No structural cracks or excessive wear in the body were observed. It is believed to be in the best interest of the City of Clearwater to award this contract to the second lowest bidder, Sun State International Trucks, Inc. of Tampa, Florida. Commissioner Fitzgerald expressed concern with going with the second lowest bidder and questioned the justification. Public Works Director William Baker, stated the truck of the lowest bidder was structurally inferior to that of the recommended bidder and could affect the safety of the operator. Commissioner Fitzgerald stated he was not arguing with the recommendation, he simply felt it was appropriate to state the rationale for the record. Robert Brumback, Assistant Director of Public Works/Utilities said he had garage staff look at the mechanical and maintenance aspects of the low bid trucks. The low-entry cab was not designed for maximum driver safety and convenience and he felt the truck having structural cracks after only a little over one year in service was not acceptable. The second lowest bid truck is much more durable. Commissioner Fitzgerald agreed visibility is a major safety consideration. Discussion ensued regarding the delivery date. Mr. Brumback said delivery is expected 180 days from the date of the contract award, which pushes the target date ahead to June 27. He said the chassis will not be available until February. In response to a question from Mayor Garvey regarding the possibility of renting trucks in the interim, Mr. Brumback stated this has been investigated; however, is not possible because there is no market for used trucks. Mr. Baker indicated he did not believe other bidders for the recycling program could obtain the trucks more quickly. In response to a question from Commissioner Deegan, it was indicated a bid protest is allowed; however, there has been no indication the lowest bidder will protest. Commissioner Fitzgerald moved to approve the purchase of 8 curbsort recycling trucks from Sun State International Trucks, Inc., Tampa, FL, for $464,020.16 and to approve lease/purchase thru Security Capital Corp. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #22 - Commission appointment of one of its members to represent the Commission as the Canvassing Board re: 1/11/94 Special Election (CLK) Section 101.5612 Florida Statute provides for the testing of the tabulating equipment to ascertain if the equipment will correctly count the votes cast. It further provides that the Canvassing Board shall convene at this time or the Board may appoint one of its members to represent it. The test is open to the press, and public. Commissioner Thomas stated, while he feels the General Accounting Office (GAO) is needed to create balance in government, he suggested delaying the referendum question until after the Charter review due to the current conversation regarding the council/manager form of government. Commissioner Thomas moved to cancel the January 11, 1994 election pending the outcome of the Charter Review Committee. The motion was duly seconded and carried unanimously. Mayor Garvey requested a summary of the costs incurred regarding this ballot question. City Attorney Galbraith indicated he will prepare an ordinance to cancel the January 11 election. ITEM #23 - Other Pending Matters a) Approval of new SAMP Pay Plan Range schedule effective as of 10/1/93 (HR) The SAMP (Supervisory, Administrative, Managerial and Professional) Pay Plan is a pay plan which covers all "non-union eligible" employees and was established by City Commission approval in 1987. Job classes within the Plan included classes such as Staff Assistant III which are defined as confidential under the State of Florida collective bargaining statute through high level managerial classes such as Department Directors and the Deputy and Assistant City Managers. In October 1992, it was the consensus of the City Commission that Human Resources should conduct a comprehensive survey for the SAMP Pay Plan for Fiscal Year 1993-94. That survey has been completed and a review of the data indicated a fairly large number of changes would be in order. At the same time, it was the direction of management that a new rate schedule format would be appropriate. The existing SAMP Plan ranges are variable in the percentage differences between ranges and between the minimum and maximum rates within the ranges. As a result, a recommendation was formulated by Human Resources representatives that a new 13-range pay schedule be adopted to replace the current 16-range pay schedule. The proposed new range format provides that each successive pay range is ten percent greater than the preceding range and each range has 55 percent spread between the minimum and maximum rate. Proposed allocations of SAMP job classes have also been developed. Subsequent to the development of the proposed range format and class allocations the proposal was reviewed with representatives of the City Manager's Department and then presented individually to Department Directors for input. Thereafter, notice was provided to all SAMP employees as to the specific class allocation proposals. An opportunity was provided for individual written input from each SAMP employee as to the issue of internal consistency among the class allocation proposal, such input to be submitted through the representative Department Director who was asked to provide perspective as to the employee's view. Actual dollar rates were not provided to insure that the focus was on the class level relationships and not the actual pay rates. The employee input has been reviewed by a Committee which consisted of the Assistant City Manager and four Department Directors. A final product was submitted to the City Manager who has concurred in the proposed range format and class allocations. The proposed plan was primarily based on analysis of the labor market survey data, however, the Review Committee looked at internal equity relationships. A chart of the proposed pay range format, the minimum and maximum rate for each range, and class allocations to ranges was prepared. The cost of implementing the new SAMP schedule will approximate $4,500. This represents the annualized amount to bring seven (7) employees, whose current rates fall below the minimum of the range to which their job class is assigned to that minimum. No other SAMP employees will receive increases as a result of the changes in this SAMP Pay Plan Schedule. Human Resources Director Michael Laursen stated in response to questions from Commissioner Thomas that the Assistant City Attorneys were removed from the SAMP plan. This was done after a survey was conducted to determine if a mini-SAMP plan, or straight negotiation of salary was warranted for the Assistant City Attorneys. Commissioner Thomas questioned if the City's legal department has a formal salary plan and pay range in place. Mayor Garvey responded the Commission addressed a salary plan for the legal department last year, and made the determination to separate it from the SAMP plan. Mr. Laursen indicated the pay range has been left to the discretion of the Commission. A copy of the decision made last year was requested. In response to questions from Commissioner Thomas, Mr. Laursen stated the reduction in the number of pay ranges from 16 to 13 is not directly related to the work being done to reduce the number of job classifications. He stated there will be no pay cuts as a result of the new plan and seven employees will be brought up to the bottom of their range. There are approximately 200 SAMP employees in approximately 130 job classes. Commissioner Thomas questioned if it was traditional to have no pay range for the City Manager and the City Attorney. Mr. Laursen indicated these positions have never had a formalized pay range. The City Commisison has agreed regarding the salary range to be advertised at the times a vacancy has occurred in one of these positions. Commissioner Thomas felt the City Commission should be provided a recommendation of salary ranges based on information from comparable cities. It was indicated this information has been provided when salaries of the City Manager and City Attorney have been reviewed. It was requested a Florida League of Cities Salary Survey be provided. Mayor Garvey questioned if employees had an opportunity to provide input. Mr. Laursen indicated they had and some changes were made after the committee reviewed the plan and employee input. Mayor Garvey questioned if employees now above the maximum of their pay range would lose money. Mr. Laursen indicated they would not, but any pay for performance would be given in a lump sum and would not be added to the base salary. Commissioner Deegan praised the study and commended Mr. Laursen for doing a good job. Commissioner Deegan moved to approve the new SAMP Pay Plan Range schedule effective as of October 1, 1993. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #24 - Other City Attorney Items - None ITEM #25 - City Manager Verbal Reports - None ITEM #26 - Commission Discussion Items a) Breakwater International Inc. (T) In a memo dated November 23, 1993, Commissioner Thomas requested discussion of a device that is being used to prevent beach erosion on the New Jersey coastline. He questioned whether or not this type of device can be used on Sand Key and if State funding can be obtained. William Baker, Director of Public Works, stated he has discussed this device with the manufacturer and determined it is designed to prevent newly renourished beaches from eroding due to undertow. He indicated the device will not build up an already eroded beach. Mr. Baker stated the device can be introduced if the necessary approvals are obtained and the County sponsors a renourishment project on Sand Key. Commissioner Fitzgerald stated he reviewed the letter from the Florida Department of Environmental Protection (DEP) concerning applying for State funding for beach erosion control projects. He questioned if the need for this project has been clearly established in order to submit the request for funding. Mr. Baker stated the County is the lead agency in this proposal and favors sponsoring the project; however, is in contention with the Department of Professional Regulation (DPR) regarding the parking plan. Once the parking plan is worked out the County will proceed with the beach renourishment project. Discussion ensued regarding sand accretion characteristics. Commissioner Thomas stated he wanted to continue to search for ways to build up the beach on Sand Key and not depend on the County and State. b) Changeable Message Signs (T) In a December 2, 1993 memo to the City Manager, Commissioner Thomas expressed concern regarding the changeable message sign code as outlined by Scott Shuford in a November 15 memo. He requested discussion of research which was done by Jeff West of Hi-Lighter, Inc., regarding this type of signage. Commissioner Thomas stated changeable messages and billboards are a form of communication and this freedom of speech is protected under the First Amendment. He questioned if the Commission wishes to look at changing the sign code. Jeff West, president of Hi-Lighter, Inc., addressed the Commission. He stated he researched federal government studies regarding message displays, their benefits and the need for them on highways. He expressed concern with the way the sign code is written in this regard. Mr. West stated most of the signs he makes are exported to Canada and Europe. He indicated they improve communication and eliminate the dangerous situation of people having to manually change stationary signs with long poles along busy roads. He indicated he did not find anyone who was aware of any traffic accidents occurring due to movement on signs and did not feel they cause any endangerment. Commissioner Thomas moved to direct Scott Shuford to come back with a change in the sign code allowing reader boards which change every ten seconds. There was no second. Discussion ensued regarding the definition of changing signs, if they are a safety hazard and whether or not their prohibition violates free speech. Mayor Garvey expressed concern with the aesthetics of the community. Consensus of the Commission was to have staff come back with more definitive information. c) Citizens to be Heard - Clerk proposal Cynthia E. Goudeau, City Clerk, in a memo to the City Commission dated December 8, 1993, presented a proposal for providing for Citizens to be Heard on Items not on the Agenda, at the beginning of a meeting. She recommended amending Rule 10 to create a new I(C) that reads: C. Citizens to be heard re Items not on the Agenda. (Limited to 10 speakers with each speaker being allowed a maximum of three minutes. Speakers will be required to register with the City Clerk prior to the start of the meeting. Speakers will be called in the order in which they registered with the Clerk.) In order to facilitate this procedure, a representative of the City Clerk Department will be present in the Chambers, beginning at 5:30 p.m. A sign-in sheet will be used, rather than cards, in order to assure the speakers are heard on a first come basis. Individuals would also be allowed to sign up in the Clerk Department anytime prior to 5:30. Not putting a limit on the number of speakers was considered, as long as a total of 30 minutes was allowed. However, it was felt to be better to assure those registering that they would, indeed, have an opportunity to speak at the beginning of the meeting. This rule is not being proposed for the daytime meeting due to not being able to indicate at what time the meeting would start. If the Commission wishes to implement this for the daytime meeting, it is recommended this be done prior to the Pension Trustees and Community Redevelopment Agency meetings. In response to a question from Commissioner Fitzgerald, Ms. Goudeau stated there will be two places on the agenda for Citizens to be heard. The first time will be limited to ten speakers. The second time there will be no limit to the number of speakers. Commissioner Thomas moved to amend Rule 10 to create a new I(C). Commissioner Deegan questioned not including this in the daytime meetings. Commissioner Thomas indicated this solves the major problem of citizens not having to wait until late in a night time meeting to speak. The motion was duly seconded and carried unanimously. The City Clerk indicated a Resolution will be prepared to incorporate this change in the rules. The City Attorney referred to a December 8 memorandum to the City Commission clarifying the City Commission's actions regarding July and December meetings. He recommended Rule 5(1) read: (1) the City Commission shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber ("regular night meetings"), and on the Mondays before the first and third Thursdays at 9:00 a.m. or at such other time as shall be announced not less than 24 hours in advance ("regular daytime meetings"). However, in July, the City Commission shall hold one regular night meeting on the third Thursday and one regular daytime meeting on the Monday before the third Thursday of the month. In December, the City Commission shall hold one regular night meeting on the first Thursday and one regular daytime meeting on the Monday before the first Thursday of the month. Special meetings may be held on call of the Mayor-commissioner, City Manager or any two of the members and upon no less than twenty-four (24) hours notice to the public and to the members of the City Commission. Consensus was to concur with the City Attorney's recommendation. ITEM #27 - Other Commission Action Commissioner Berfield questioned if a proclamation of the City's appreciation was in order for the Boat parade. The Mayor stated she would check to see if a proclamation or a certificate of appreciation has been done in the past. Commissioner Berfield also referred to a letter from the Beach Views regarding the Memorial causeway bridge support columns. Public Works Director William Baker stated one of the 52 columns supporting the bridge is misaligned and deteriorated. He stated this matter was brought to the attention of the FDOT more than 13 years ago. In response to a question from Mayor Garvey, he stated FDOT does safety inspections on a regular basis. Commissioner Berfield questioned the status of a request from Clearwater Neighborhood Housing Services to waive impact fees. Mr. Wright indicated this is scheduled for a future meeting. Commissioner Berfield referred to a letter from Ream Wilson to Kathy Rice regarding gun shows and questioned if any action is being taken. Mayor Garvey felt no action is necessary unless the Commission disagrees with what was done and suggested approving the item as submitted. Commissioner Deegan expressed concern with the type of license being issued for gun sales as a national news program had indicated there are problems with licenses issued to independent gun dealers who operate out of their homes. He felt this matter should be brought back for policy discussion. Commissioner Thomas felt this is not a license issue, but a matter of the City exercising its right not to lease City property for the sale of guns. Mayor Garvey felt the license issue and the state and federal laws regarding a waiting period should be addressed. Kathy Rice indicated no rentals for gun sales will be approved until this policy is decided. Commissioner Deegan noted there is a conflict on the calendar regarding the Town Meeting and the Downtown Development Board meeting in March. He requested the Town meeting be moved and staff is to bring back a date. Commissioner Deegan questioned if, based on a memo from County Attorney Jarudi, annexation of enclaves is being dropped. City Attorney Galbraith stated the county policy does not support annexations unless they are voluntary. Commissioner Deegan felt the county should review their policy in view of the new state law regarding annexation of enclaves and directed staff to draft a resolution in this regard. Discussion ensued regarding this issue and City Attorney Galbraith indicated he will have a draft resolution ready tomorrow. In response to a question from Commissioner Deegan, Ms. Rice stated a meeting between Calvary Baptist Church management and City staff is scheduled for this Thursday at 3:30 p.m. Commissioner Deegan requested staff to look at the interim report of the Code Enforcement Task Force and bring forward an agenda item regarding these recommendations. Ms. Rice indicated this has been assigned to staff and will be coming forward sometime in January. Commissioner Deegan questioned if the Commissioners are required by the state to register as lobbyists, or if they may be exempted. Mr. Galbraith is to investigate. Commissioner Deegan questioned whether it is necessary for the Commissioners to meet with the City Manager regarding his performance evaluation as he has resigned to take a position in West Palm Beach. The majority of the Commissioners agreed individual meetings would not be needed but it is necessary to report to the public regarding the Manager's past performance. Regarding the search for a replacement City Manager and the appointment of an interim City Manager, consensus was to bring this forward at Thursday's meeting. Staff was requested to provide background information from the previous City Manager selection process. Commissioner Thomas, referring to a letter from Clearwater Neighborhood Housing Services, questioned what is being done. Mr. Wright stated the matter is scheduled for a future meeting. Mayor Garvey counseled caution when referring to a bill number in correspondence to the state legislature, because, she said, the bill numbers are subject to change. However, Commissioners Thomas and Deegan thought the issues are filed by the bill number and should be referenced in all correspondence. Mayor Garvey thanked the Community Response Team for their "thank you" note. Mayor Garvey reported on the National League of Cities (NLC) Conference. She referenced a session regarding the rebuilding of downtowns, stating a bank consortium had put together up to $75,000 for building renovations. She suggested looking at this as a way to raise funds for the Challenge 2000 program in the North Greenwood area and said Community Redevelopment Agency Director Peter Gozza will be working with Jim Polatty in Community Development. Local Economics in a Global Context was explored and she said the City will be working with the Chamber of Commerce to expand the ambassador program. Regarding developing business relationships abroad, she felt relationships need to be developed before business. She stated the 1994 conference is in Minneapolis in December. The Mayor stated the highlight of the conference was Attorney General Janet Reno, who spoke regarding getting citizens involved with young people and keeping them busy as a way of combating crime in cities. She indicated she has ordered a tape of Ms. Reno's speech and encouraged anyone interested to listen to it. Commissioner Deegan stated Attorney General Reno has been quoted as being in favor of licensing people to own guns, comparing it to obtaining a driver's license. He questioned if anything can be done to indicate support of this issue and others dealing with state and federal laws. The Mayor recommended listening to the tape and possibly writing in support. Mr. Galbraith added that resolutions to the Pinellas County Delegation to the State Legislature can be drafted. Staff is to investigate what can be done to indicate the City's support of this issue. Mayor Garvey recommended obtaining the Florida League of Cities policy regarding this. ITEM #28 - Adjournment The meeting was adjourned at 4:38 p.m.