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05/31/1994 CITY COMMISSION MEETING May 31, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Tuesday, May 31, 1994 at 9:01 a.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Alan Zimmet Acting City Attorney (left meeting at 9:35 a.m.) P. Richard Hull Assistant City Attorney (arrived at 10:16 a.m.; left meeting at 1:56 p.m.) Miles A. Lance Assistant City Attorney (arrived at 2:00 p.m.) Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Assistant City Manager. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards None ITEM #4 - Interim City Attorney Report Alan Zimmet, Interim City Attorney, reported the City Attorney Selection Committee will meet at 3:00 p.m. on Monday, June 6, 1994, in Chambers to review the applications received. Twenty-five to 30 applications have been received to date. The City Commission recessed to meet as the Pension Fund Board of Trustees at 9:04 a.m. The City Commission reconvened at 9:34 a.m. and called to order a Special Meeting at 9:35 a.m. regarding William Grady Thomas versus the City of Clearwater and to meet as the Community Redevelopment Agency. The City Commission reconvened at 10:16 a.m. ITEM #5 - Approval of Minutes Commissioner Deegan moved to approve the minutes of the regular meeting of May 16, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the minutes of the special meetings of May 16, 1994 and May 19, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #6 - Presentation - Marine Advisory Board - Annual Report Mr. Bill Stephan, Chair of the Marine Advisory Board (MAB), distributed the board's Annual Report. During the past year, the MAB considered and discussed: Dunedin Pass; Clearwater Pass Bridge, Pier Pavilion Lease; Marina Channel; Turner and Magnolia Street Piers; Fishing access on Clearwater Pass Bridge; Reconstruction of Pier 60; Live aboard policies (King Cole Motel); Tropical Seascape changes at the Marina; Marina Leases; Sailing Center; Fishing Piers to replace the west bridge ends of the old causeway bridges; Empress Cruise Line; slip rental fees; prioritize location of fishing piers; Seminole Launch Ramp fees; Island Estates Marina new construction; recommendations to the Coast Guard regarding marker locations; Sunshine Law; FY '94-'95 budget; new diesel fuel requirements; Charter review topics; and Marina customer survey. Future items to be reviewed by the MAB include: 1) construction of fishing piers; 2) catwalks on the new Clearwater Pass Bridge; 3) pursuit of a northward navigable route to the Gulf; 4) Pier 60 proposals; 5) ideas to make Clearwater friendly for boating residents and tourists; and 6) improved communications between the Commission and the MAB. Mr. Stephan reported the MAB is able to provide the Commission with additional research and opinions on marine activities and requested the Commission advise the MAB of concerns one or two months prior to Commission discussion. Mr. Stephan requested if money is not available to include catwalks on the new Clearwater Pass Bridge, that hangers be included in the construction of the bridge structure for later addition. The MAB recommended two fishing piers be built at the Beach Recreation Center and that the beach be preserved for family recreation and not be developed to imitate a county fair. Mr. Stephan stated his board had received the final report and recommendation regarding Dunedin Pass. The MAB is prepared to evaluate the report and raise questions. He questioned if the MAB should discuss this at their regularly scheduled meeting on June 14, 1994, or if the Commission recommended they meet in emergency session and prepare a presentation for the City Commission. Elizabeth Deptula, City Manager, indicated the report is agendaed for the June 16, 1994, City Commission meeting. The Mayor requested the MAB review the report and offer a recommendation. The consensus of the Commission was that the MAB meet as soon as possible to review the report. The Mayor indicated the City Commission receives the MAB minutes and she reads them. William C. Baker, Assistant City Manager, said the Commission had received the MAB's list of proposed fishing pier locations but did not prioritize any project. The Commission approved only one project, the replacement of the western bridge on the Memorial Causeway. Commissioner Thomas recalled brief discussions regarding catwalks were negative due to the height of the span. Mr. Baker said a new design permitted catwalks hung onto the piers at a lower elevation. The Mayor questioned if catwalks could be added later. Mr. Baker said they could be added after construction began if a change order is issued. Commissioner Thomas said construction is scheduled to begin in 30 days. Commissioner Deegan questioned if catwalks were included in the Capital Improvement Projects (CIP) budget. Mr. Stephan said the MAB did not expect the walks to be built at this time. The MAB recommended hangers be included in the bridge structure so catwalks can be added later. Mr. Baker said the designer could be requested to make a sketch of the catwalks and estimate their cost. Mr. Stephan stated the MAB would like a copy of the final design of the fishing pier on the west end of Memorial Causeway. Mr. Baker agreed to forward copies of the design to the MAB once it is available. Commissioner Deegan recommended including the catwalks change in the blue pages of the CIP budget. He suggested if hangers were included in the original construction, catwalks could be added when money becomes available. The City Manager said staff would bring back information including costs in July or August. Commissioner Thomas requested a comparison of the cost of installing catwalks during initial construction, following construction, or including the hooks first and completing the catwalks later. Commissioner Fitzgerald stated he too always read the MAB minutes. He questioned the Board's notation regarding Empress Cruise Lines collecting fees. Mr. Stephan said the cruise line collects a $3 port fee from every passenger as an added charge. By the way it is labeled, customers think the money is going to the City. It is not. He stated the MAB has also expressed concerns regarding prop dredging by Empress Cruise Lines. ITEM #6a - Information - Kiosks Jeff Harper, Director of Administrative Services, reported staff is reviewing alternate ways to improve outreach to citizens. Departments are identifying the information they are most often asked. He introduced David Rosenblatt, President, and Merrily Miller, Vice-President - Creative of Silver Image Interactive, Inc. of Clearwater to demonstrate a prototype of an information kiosk that could be located throughout the City. Ms. Miller stated Silver Image Interactive can program kiosks to include: consistently accurate information; touch screens; a capacity for easy updating; and expandable programs that can be customized for different areas of government. Mr. Rosenblatt demonstrated a prototype of the program. Commissioner Fitzgerald questioned if the machines were "kid proof." Mr. Rosenblatt said children cannot hurt the system inside kiosks. The only accessible part is the monitor that is covered with glass and is almost indestructible. Mr. Rosenblatt recommended an information center be developed and implemented in phases. Phase One would cover five major topic areas such as City Services or Events and Activities. Modifications would be accomplished by manual insertion and deletion of text and graphical material. The major enhancement in Phase Two is the Customer Update Module, a stand-alone program allowing the user to modify the information database from a computer. Options include printers in the kiosks to print-out phone numbers, location maps, and event schedules and a direct dial telephone interface to call specific numbers. In Phase Three, updating all remote kiosks is accomplished from a computer. All remote kiosks can be automatically updated at one time via modems and a telecommunications link. A user response log can be downloaded for use in determining user interest and considering potential system updates. The City Manager reported north county governments she approached have expressed an interest in sharing a system. Commissioner Thomas expressed concerns with children treating the computer like a toy. Mr. Rosenblatt said there is no game action in the system and children would quickly lose interest. He recommended the kiosks be placed where someone is responsible for keeping an eye on the system. Commissioner Thomas questioned if citizens can access the system from home computers via modem. Mr. Rosenblatt stated a bulletin board system accessible to modems could be built into the system. As presented though, this is a stand alone system. Commissioner Thomas felt the system was cumbersome and slow in demonstration. Mr. Rosenblatt explained today's presentation was slowed due to the prototype slowed by waiting for the audio track. ITEM #7 - Citizens to be heard re items not on the Agenda Bob Wright addressed the City Commission regarding the Municipal Services Building and Police Complex. He stated he has received many call from concerned citizens regarding the manner in which approval of this project was reached at the May 19, 1994, City Commission meeting. He requested a tour of the Annex and Utility buildings be arranged for a group of concerned citizens to review the health and safety issues. He welcomed a Health Department representative to attend. CITY MANAGER REPORTS CONSENT AGENDA (Items #8-19) - Approved as submitted less Item #16. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #8 - Declare personal property surplus & authorize disposal through sealed bid sale (AS) List attached as Exhibit A. ITEM #9 - Purchase of Norstar telephone system for the Gas Sales Office/Appliance Showroom from General Telephone of Florida, Tampa, FL, at an estimated $15,183.30 (GAS) ITEM #10 - Purchase of Axion computer hardware from Respect of Florida, Clearwater, FL, for $23,427 and cash purchase of appropriate software from ASAP Software Express, Inc., Buffalo Grove, IL, for $8,533.50, for a total of $31,960.50 (GAS) ITEM #11 - Purchase & installation of a handicapped stair lift for the Clearwater Marina Building (25 Causeway Blvd.) from Handicapped & Elderly Life Products, Inc., Clearwater, FL, for $25,800 (GS) ITEM #12 - Contract for pre-fabrication & installation of a portable classroom to Advanced Modular Systems, Inc., Pompano Beach, FL, for $45,310 to include a 1-year warranty package on all parts and labor; approve lease purchase thru Security Capital Corp. (PD) ITEM #13 - Purchase & install replacement playground equipment for Plaza Park to Park Structures, Inc., for $19,492.49 (PR) ITEM #14 - Purchase garden & nursery chemicals from: Helena Chemical Co., for $19,566.25; Harrells's Inc., for $5,187.50; and Terra Asgrow Florida, for $35,520.12, for the period 06/01/94- 05/31/95, for an estimated total of $60,273.87 (PR) ITEM #15 - Delivery of approximately 800 yards of sandy soil (estimated $4,280) and approximately 1,600 yards of red ballfield clay (estimated $16,320) from Emmett McCabe Trucking, Inc., Seminole, FL, for the period 06/01/94 -05/31/95, for a total estimated $20,600 (PR) ITEM #16 - See Page 6. ITEM #17 - Work Order for the Northeast Wastewater Residuals Handling Facility to Briley, Wild & Associates, Inc., Clearwater, FL, providing additional funding of $97,000 for Design Engineering Services, Field Engineering Services & Resident Construction Inspection, for a new total of $371,000 and extending the construction period from 12/10/93- 05/30/94 (PW) ITEM #18 - Contract for a copper corrosion control system from Sper Chemical Corp., Largo, FL, for use by the Water and WPC Divisions of PW Dept, for the period 06/07/94- 06/06/99, for an estimated $706,128 (PW) ITEM #19 - Purchase of one dump truck for the WPC Division from General GMC Truck Sales & Service, Inc., WHITEGMC of Palm Beach, West Palm Beach, FL, for $68,499; approve lease purchase thru Security Capital Corp. (PW) Commissioner Thomas moved to approve the Consent Agenda as submitted less Item 16 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #16 - Contract to renovate Clearwater Beach Recreation Center building to Oakhurst Construction Co., Inc., for $601,716 which, with alternates #s 1-3 is lowest responsive bid; instruct staff to prepare a change order to reduce the costs to $564,746 by accepting certain items; and authorize additional funding as outlined by staff (PR) Original plans to renovate the Clearwater Beach Recreation Center only involved making the building's interior more attractive and conducive to programs for participants. After meeting with representatives of the Clearwater Beach Homeowners' Association, the plans were changed to include: redesign of the interior with separate space for youth and adult programs; a new roof and exterior to comply with the tropical seascape theme; re-orientation of the front of the building from north to west; a patio and deck; and upgrading the facility so it is more attractive for rentals and programs. These revised plans were presented to the Commission on September 14, 1993. In January 1994, the design committee consisting of staff and residents, approved final designs. The low base bid among the five received was from Morgan Construction Corp. of Dunedin, FL for $579,000. The second low base bid was submitted by Oakhurst Construction Company, Inc. for $580,416. Though Oakhurst was $1,386 higher than Morgan Construction, Oakhurst was considerably lower on the first three desirable alternates; the folding door; wood deck; and patio slabs. By deleting some items from the renovation plans, the contract will be reduced to $564,746. Commissioner Fitzgerald expressed concerns that the costs of renovation have increased dramatically over the original proposal. Ream Wilson, Director of Parks and Recreation, explained when staff first discussed upgrades with the primary users, plans were limited to paint and a new floor. As staff began working with the citizens, other considerations were reviewed. The building only has one main room, making multi-uses difficult. It was decided the building should always provide space for children's activities. Incorporating the Seascape theme on the roof structure and exterior and reorienting the facility increased the cost. Commissioner Fitzgerald expressed concerns that plans to upgrade the Memorial Civic Center included in a presentation to the City Commission two weeks earlier in the "East Shore" or "South Mandalay" redevelopment program were duplicated at this facility. Mr. Wilson stated the Memorial Civic Center is designed for different types of activities and is used primarily as a rental facility. The Recreation Center is geared to structured recreational programs. Commissioner Fitzgerald suggested the projects should be considered together. Mr. Wilson said the Recreation Center will be an attractive facility, refurbished for long term use. Commissioner Fitzgerald felt the development of the beach should be a coordinated effort and these renovations part of a long term plan. He questioned if Mr. Wilson had discussed long term goals for the Beach with Mr. Shuford, Director of Central Permitting. Mr. Wilson indicated he had not. He said the facilities were not duplicating programs. The City Manager said one consideration was to move a Recreation building into the "South Mandalay" area. She noted the upgraded building will be used for many years. The site's landscaping to the water will enhance redevelopment efforts. Commissioner Fitzgerald noted an additional $248,600 is needed for the project. He questioned why $170,000 is scheduled to come from funds allocated for the Downtown community center. Mr. Wilson explained this is a loan and the funds will come from the Beach budget and be returned to the Downtown project once FY '94-'95 funds are available through the Penny for Pinellas fund. Ms. Deptula stated these numbers assume the Commission will approve next year's budget. Commissioner Deegan questioned the last sentence of paragraph two in the background information indicated the contract "may" be reduced. Mr. Wilson said if the Commission approves this item, staff will process a change order to reduce the contract to $564,746 by the deletion and/or modification of seven items from the plans. Commissioner Thomas moved to approve the contract including alternates 1, 2, & 3 to renovate the Clearwater Beach Recreation Center building to Oakhurst Construction Co. for the sum of $601,716, and to instruct staff to immediately prepare a change order to reduce the contract to $564,746 and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. The Commission recessed from 11:26 to 11:32 a.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #20 - Arrangement with Sand Key Civic Association for concrete utility poles to be installed within Sand Key special assessment district with district residents providing a lump sum cash prepayment equivalent to the difference between wood and concrete for a period of 10 years (CM) For more than 15 years, Clearwater's Land Development Code (LDC) has required subdivision developers who create new streets and property to install electrical utility lines underground. Street lighting fixtures on poles are spaced throughout neighborhoods. In older sections of town, the City assumes responsibility for street lighting. The standard utility pole is wood and 35 or 40 feet long. City policy permits developers who prefer to use concrete poles to make an initial lump sum payment to cover the difference between the monthly rate for concrete and wood poles for a period of ten years. The City is engaged with the Sand Key Civic Association to establish a special assessment district to fund the placement of electrical distribution lines underground along Gulf Boulevard in Clearwater on Sand Key. The Association requested fiberglass poles be installed. A $6,615 annual cost difference between wood and fiberglass compares to a $972 annual cost difference between wood and concrete. Al Lijewski, President of the Sand Key Civic Association, proposes Sand Key residents make a lump sum prepayment of $25,000. He contends the prepayment, when considered with an assumed 1% increase in neighborhood property taxes attributed to the underground investment and realized in the fourth year following the investment, would provide the City with an equitable arrangement. Mr. Lijewski provided scenarios based on different assumptions. Staff does not agree with Mr. Lijewski's premise that residents should receive credit for making an investment that increases their property value when the investment is for an improvement the City would not normally have made. Staff recommends providing concrete poles and that residents prepay the differential costs calculated for a ten year period in a manner similar to previous City practices. Mr. Lijewski complimented staff and said they were very cooperative. However, there is a difference of opinion between staff and Sand Key residents regarding what should be considered the standard pole. He stated the residents are willing to pay the incremental cost difference between the standard concrete pole and fiberglass. He felt while wood may have been the standard 15 years ago, Sand Key is now highly developed and concrete is the new standard. He said Sand Key is a gateway to the City and should be attractive. Mr. Lijewski said a realtor estimated the value of Sand Key properties would increase by 1% to 4.5% based on the $1 million investment being made by residents to bury power lines. He noted citizens initiated the action to spend the money and 72% of the Sand Key residents who voted agreed to pay for the improvements, including those in front of federal, county, and City owned property, based on taxable value and excluding homestead considerations. Mr. Lijewski said assuming only a 1% increase in value and a three year delay in collecting the resulting higher taxes, the City would have a positive cash flow within ten years. He stated the Civic Association's proposed $25,000 up front contribution would permit the City never to be in the red. Mayor Garvey questioned if there were any safety considerations to consider when discussing concrete versus fiberglass. Mr. Baker said there were none. Mr. Lijewski said instead of 50 wooden poles, only 42 fiberglass poles would be required and could alternate from side to side of the street. Mr. Baker said it is a matter of homeowners' preferences. He said the standard is wood. Upgrades to concrete have been permitted. He stated this is the first request for fiberglass. Commissioner Deegan noted in Mr. Lijewski's report, he stated residents in neighborhoods with concrete poles are not paying for them. Mr. Lijewski said the developer paid the original costs. Ms. Deptula said pole rentals are not paid by residents. Mr. Baker said those neighborhoods paid a one time ten year fee. Ms. Deptula noted the substantial difference between a $972 and a $6,615 annual cost. Mr. Baker stated Florida Power once allowed the purchase of poles but now charges a continuing rental fee. Mr. Lijewski stated neighborhoods with upgraded light poles are not paying rent for the upgrade. Commissioner Deegan questioned which fund pays for pole rental. Ms. Deptula indicated the general fund. He questioned if the standard in Clearwater should now be concrete. Commissioner Fitzgerald noted only subdivisions have concrete poles. The DOT installed wood poles at the new Countryside overpass. "Buzz" David with Florida Power stated most poles being installed in the area are wood. The Mayor felt there is nothing aesthetically wrong with wooden poles. Mr. Baker indicated the code requires underground utilities in new subdivisions; concrete could also be required. Commissioner Thomas questioned if a policy of upgrading poles to concrete at the time of replacement were established, how many poles would be affected and what would be the financial impact. Mr. Lijewski suggested if the City establishes underground utilities as the standard, the Public Service Commission (PSC) may allow the increased costs to be included in the base rate and permit an increase. Commissioner Thomas stated he has requested research on changing City policy regarding installing power lines underground. Mayor Garvey stated the Commission needed to agree on two issues: if fiberglass poles were appropriate and if the City is willing to accept a five year payoff instead of the ten years normally paid by developers. The City Manager said staff does not feel the City should depend on income generated by increased revenues from prophesied tax increases. Based on policy, she said the upfront payment should be $110,252. Commissioner Thomas disagreed with staff's recommendation. He commended Sand Key residents for volunteering to spend more than $1 million to bury utility cables. He said this action proved Sand Key residents desire an upgraded community. He felt the project was conservative and the $25,000 contribution was positive. He stated the City now pays for concrete poles and supported the installation of fiberglass poles. Mayor Garvey noted the cost to developers for ten years of concrete light poles was reflected in the price residents paid for their homes and lots. Commissioner Deegan said he was persuaded by Mr. Lijewski's argument that taxable values would increase due to fiberglass poles and underground utilities. He stated a formal decision needs to be reached regarding changing Clearwater's standard pole. He requested staff bring back information regarding this upgrade. He felt Mr. Lijewski's projections were conservative and said the City should cooperate and view this as an alternate way to promote increased property values. Commissioner Fitzgerald agreed. Commissioner Berfield stated poles need to be addressed City-wide. She felt the City would benefit from the installation of fiberglass poles as property values would be increased. She stated this was an excellent example of cooperation between the public and private sectors. Commissioner Thomas moved to approve an arrangement with Sand Key Civic Association for fiberglass utility poles to be installed within the Sand Key special assessment district with district residents providing a lump sum cash prepayment of $25,000 to cover additional costs to the City. The motion was duly seconded and carried unanimously. Commissioner Thomas requested staff bring forward information regarding the cost of converting wood light poles to concrete when replacement is necessary and how many wood poles are normally replaced annually. He also requested information regarding expediting a long term goal to bury all power lines in the City to reduce visual pollution. He requested an estimate on costs. Mr. Baker stated many streets in Clearwater with heavy overhead lines are owned by the County or State. He said Florida Power will bury lines as long as someone is willing to pay the $1 million per mile cost. Commissioner Thomas questioned if the City stated underground utilities are the "standard" if PSC would grant Florida Power the right to build these costs into their rate structure. Mr. Baker said although that request had been presented, the PSC did not approve it. Commissioner Deegan requested staff bring back discussion regarding upgrading the standard to concrete poles. He requested staff investigate if concrete is declared the standard if the cost of renting poles could be included in the base rate structure. Kathy Rice, Deputy City Manager, stated she will discuss this when she meets with Florida Power to negotiate their franchise. Commissioner Deegan requested this information be brought back promptly. Commissioner Thomas questioned Florida Power regarding what the City can do to convince PSC that burying utilities is a viable safety issue for coastal communities subject to dangerous storms. Mr. David stated Hurricane Andrew did not convince the PSC that this is a safety issue. He said pressure would have to come from around the State. The PSC is concerned with insuring the best reliable service at the lowest possible price. Commissioner Thomas requested the City Manager investigate if the City developed a policy regarding burying utilities, if the County and State would have to abide by those rules when doing major road work in Clearwater. The Commission recessed from 12:17 to 1:09 p.m. ITEM #21 - Review Alcoholic Beverage Issue Worksheets - direction re developing a LDCA to modify Clearwater alcoholic beverage regulations (CP) On February 28, 1994, staff presented alcoholic beverage worksheets to the Commission. One Commissioner was not present and the Commission was unable to reach consensus on several issues. Staff requests final guidance on direction concerning revision of alcoholic beverage regulations. 1) Should one board hear all compatibility related aspects of alcoholic beverage uses that require a conditional use permit? If so, should the Planning and Zoning (P&Z) Board hear the cases? Consensus was that the P&Z Board should hear all compatibility related aspects of alcoholic beverage uses requiring a conditional use permit. The Commission, however, expressed interest in assuring that appeals of P&Z decisions concerning alcoholic beverage uses would be considered by the City Commission. Staff recommends the Commission determine the procedure to handle all appeals from City boards and use this approach in addressing alcoholic beverage regulations. Mr. Shuford stated the Commission has considered being the final authority for appeals. Presently, the Planning and Zoning (P&Z) Board hears conditional use applications and the Development Code Adjustment Board (DCAB) hears variance requests. Appeals to decisions by both boards now go to State Hearing Officers. The Commission had also requested appeals regarding alcohol uses be heard by the City Commission. He recommended all appeals be subject to similar procedures. Mr. Shuford noted because a combined application (conditional use and variance) is rare, it is estimated the plan to consider alcoholic beverage conditional use and variance applications together will increase the P&Z's workload by five to ten percent. Mayor Garvey stated the policy to use Hearing Officers was adopted because appeals were political. She and Commissioner Fitzgerald spoke in favor of continuing to use Hearing Officers for appeals. Commissioner Deegan stated it could not be proved that appeals were handled in a political manner. Mayor Garvey stated she had observed and had knowledge of favoritism. Commissioner Deegan felt, since charges of politicization could not be proved, citizens should have the right to appeal to their elected officials as a last recourse. Commissioner Berfield liked the idea of the Commission allowing citizens to speak. She spoke negatively of the Hearing Officer not considering the views of citizens but only of experts. Mr. Shuford stated Hearing Officers permit citizens to speak but place less credence on opinion versus expert testimony. Commissioner Deegan questioned the hearing regarding the Pick Kwik on Sand Key. He reported citizen response was permitted during the first meeting when police were available to present testimony. At the second meeting, which was not attended by police officers, the Hearing Officer did not permit any citizen input regarding police matters including their concerns regarding crime. Mayor Garvey questioned if the City has the authority to determine the procedure the City prefers the Hearing Officer adopt. Mr. Shuford indicated it was a legal issue. The Hearing Officer is permitted a lot of discretion. Commissioner Thomas stated the Commission hears sign variance cases and has not received complaints that these discussions were political. He noted a variance approved for the Magnolia Street dock, a project the Commission wanted to go forward, was overturned by a Hearing Officer. Commissioner Thomas stated the City Commission has the responsibility of officiating the City's business. He said utilizing a Hearing Officer was an abdication of that responsibility. Mayor Garvey stated part of the rationale for using Hearing Officers was to discourage residents from appealing decisions made by appropriate boards. She noted this process is working well and noted higher application fees were suggested. Commissioner Thomas recommended the fee remain the same. Mr. Shuford said an appeal process for alcohol beverages would need to be established as an interim measure until a final decision is reached regarding appeals. Commissioner Deegan recommended the ordinance that is approved be subject to a six month trial period. He suggested the number of appeals to P&Z rulings be tracked. Commissioner Thomas felt a decision should be made regarding all appeals from City board decisions. He requested a list of all boards and their means of appeal be presented to the Commission for review. Mr. Shuford said he would bring back a list of boards in August so the Commission could discuss the appeal process. Commissioner Deegan moved to include in the alcoholic beverage code rewrite a six month trial period of the Planning and Zoning Board hearing all compatibility related aspects of alcoholic beverage uses requiring a conditional use permit and the City Commission hearing appeals from those decisions. The motion was duly seconded. Mayor Garvey questioned if this motion were approved, would it automatically sunset in six months. Mr. Shuford anticipated he would have ordinances available for the Commission for receipt and referral on July 21, 1994 and the ordinance could be finalized by early September. The Mayor noted the six month time frame would begin when the ordinance is adopted. She questioned if it would then automatically sunset. Mr. Shuford said he would mark his calendar and return the item to the Commission for further discussion prior to the end of the six months. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. 2) Should changes of ownership of existing alcoholic beverage uses require a conditional use permit? The Commission did not reach consensus concerning changes of ownership of alcoholic beverage uses. Staff recommends allowing changes of ownership without requiring a conditional use permit. Mr. Shuford stated owners are easily able to update state liquor licenses when there is an ownership change. He reported that requiring new owners to obtain a conditional use permit causes an administrative burden. Mr. Shuford stated staff was usually unaware of problems until a business is operating. Commissioner Deegan pointed out that except for noise control, neighbors have no formal opportunity to object to operations that are poorly run. He felt requiring a conditional use permit would provide neighborhoods the opportunity to address potential, as well as, past problems. Mayor Garvey suggested the Community Response Team respond to problems and resolve them. She pointed out conditions are listed for owners when they apply for occupational licenses. Commissioner Deegan felt obtaining a conditional use permit at a public hearing was an important step for new owners to take. Mr. Shuford said most alcoholic beverage uses for restaurants would be permitted uses under the proposal. If a business opens as a restaurant then changes to a nightclub, bar or tavern, the Community Response Team could take the necessary steps to get the owner to comply with the code. Commissioner Thomas said if the owner of a disruptive establishment wishes to sell the license, the City should have the legal right to delay a new owner from conducting business as usual. He felt this would be an inducement for the current owner to conduct the business appropriately. Mayor Garvey expressed concerns regarding prejudging new owners. Commissioner Deegan stated previous activities at a location must be considered. Commissioner Fitzgerald felt a business cannot be judged prior to it commencing operations. Commissioner Deegan stated new owners would not be prejudged. The use needed to be reviewed, not the owner. Commissioner Berfield stated if the original owner had to appear to receive a permit, the new owner also should be required to appear. She questioned if a thorough Police background check was always made. Mr. Shuford said the inquiry was very thorough, extending beyond state lines. She felt the Commission would have a greater ability to avoid potential problems if a change of ownership required a permit. Commissioner Thomas moved to approve the requirement for a conditional use permit should the ownership of an existing alcoholic beverage use change. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. 3) Should bonafide restaurants be permitted uses (not require conditional use permits)? The Commission did reach consensus that bonafide restaurants should be permitted uses. Commission directed staff to add a provision to the definition of a "restaurant" that it does not include an establishment that sells package alcoholic beverages. Commissioner Deegan questioned if the restaurant is not acting properly, could the license be pulled without going through the Code Enforcement Board process. Mr. Shuford stated he would include this information when he presents his proposal for receipt and referral. 4) Should package sales uses require a conditional use permit except in special cases? The consensus was, except in special cases, that package sales uses should require conditional use permits. Commissioner Thomas questioned if the special cases would be spelled out in the modified regulations. Mr. Shuford indicated special cases were noted in #5. Mr. Hull left the meeting at this time. 5) Should package sales uses be permitted uses when located in freestanding retail sales establishments (e.g., grocery stores) containing a minimum of 25,000 square feet of gross floor area (i.e. the same size as a shopping center)? The consensus was to allow package sales uses in certain large establishments, with a proviso that such establishments be primarily retail in nature, and no more than 5% of the total floor area be devoted to the sale of alcoholic beverages. Staff will include these provisions in the upcoming revisions to the Code. 6) Should "nightclubs, taverns and bars" be allowed in all commercial zoning districts as conditional uses (except such uses located in shopping center or retail complexes)? The Commission expressed concerns about deleting Resort Commercial and Beach Commercial zoning districts for "nightclubs, taverns and bars" use. Staff suggested adding these zoning districts to those allowing this use as a conditional use, but only for hotels/motels with a minimum 100 rooms. Mr. Shuford clarified hotels/motels permitting this use were limited to those with a minimum of 100 residential rooms not including conference rooms and/or restaurants. Commissioner Deegan recommended establishing a cap on the maximum number of establishments permitted in a zoning district in order to avoid saturation. Mr. Shuford presented a map outlining the districts. He said staff will research the information and try to determine at what point saturation was reached and the number of establishments became problematic. He suggested it would be easier to only allow these conditional uses in large hotels. Commissioner Deegan questioned if saturation was covered by other rules. Mr. Shuford stated it was. Commissioner Fitzgerald questioned how many hotels would qualify for conditional use based on the size of at least 100 rooms. Mr. Shuford said only a few Clearwater Beach properties would qualify, most of which already had established alcohol use. Commissioner Fitzgerald was not sure he agreed no more bars on Clearwater Beach should be permitted to open. Commissioner Berfield questioned plans for alcoholic beverage use at Pelican Walk. Mr. Shuford said alcohol sales would be permitted up to a certain percentage of the building. Commissioner Thomas questioned how many hotels with less than 100 rooms that currently have nightclubs, taverns, or bars would be put out of business if this proposal is adopted. Mr. Shuford indicated the Sea Stone, with less than 100 rooms, has a nightclub. If the proposals are adopted, they would not be put out of business but the alcoholic beverage area could not expand. Commissioner Thomas questioned why 100 was chosen for the number of required rooms. Mr. Shuford stated it was a standard figure used regarding alcoholic beverage use in hotels. Commissioner Thomas requested a review of Clearwater Beach to determine if the 100 room limitation is appropriate. The Mayor recommended rules be established for the redevelopment area. Commissioner Thomas questioned how the new rules would help clean up the Beach Bar, which seems to cause many problems. Mr. Shuford said if the bar was sold, conditions could be added when the new owners appear before the P&Z for a conditional use permit. Commissioner Thomas said the City should create rules to rid the City of what the Commission finds objectionable and improve what they find desirable. Commissioner Deegan questioned if these rules would affect any businesses on Sand Key. Mr. Shuford indicated it would not due to the "B" zone established for Sand Key by Court Order. Commissioner Deegan questioned which commercial zones would not be covered by this proposal. Mr. Shuford indicated the Neighborhood Commercial, InFill Commercial, and North Greenwood Commercial zones will create some nonconformity. Commissioner Deegan noted a thread of consistency. He expressed concerns that a degree of saturation not be exceeded. Mr. Shuford indicated he will come back to the City Commission after additional research and adjustments can be made. 7) Should package sales uses and uses defined as "nightclubs, taverns and bars" be permitted uses when located in shopping centers or retail complexes up to certain maximum floor area limits? No consensus was reached if package sales and "nightclubs, taverns and bars" should be permitted uses when located in shopping centers or retail complexes up to certain maximum floor area limits. Staff recommends allowing these uses without conditional use permits up to a certain maximum, and requiring a conditional use permit above those percentages. Commissioner Deegan questioned how large a percentage of a variation should be permitted above the base percentage. He recommended variances be kept to a minimal percentage. Commissioner Thomas stated financial problems with strip centers could be affected by these proposals. Mr. Shuford said present rules limit the percentage of space in a building a restaurant can fill. Commissioner Thomas stated he did not want a shopping center to convert to a restaurant/bar. Mr. Shuford said that would be difficult without adequate parking. Majority consensus of the Commission was for staff to propose a minimal percentage that would be allowed by variance above the base permitted percentage. Commissioner Fitzgerald expressed concerns regarding instituting additional caps. He said the rules are becoming more complicated instead of being simplified. He recommended the proposal incorporate leeway. 8) (NOTE: This issue, as originally presented, was redundant and was deleted. Former Issue #9 replaces this issue.) Should there be standards established for separation of alcoholic beverage uses from schools and churches that do not include exceptions for special circumstances (e.g., variances or conditional use permits)? The consensus regarding separation standards for alcoholic beverage uses from schools and churches, was that the strict standards approach should not be utilized and variances should be allowed on a case-by-case basis. Commissioner Fitzgerald felt the proposal for measuring property line to property line was unacceptable as it sets up conflict and should be facility to facility. It was noted the measuring method is the topic of Issue #9. Consensus was that there should be no strict separation established for churches and schools, with variances being considered on a case by case basis. 9) (Formerly Issue #10) What should be the minimum distance considered by the P&Z Board in examining alcoholic beverage uses in relation to churches, schools, parks and residential areas? The Commission reached consensus that the minimum distance for board review in examining alcoholic beverage uses should be 500 foot, and a property line to property line measurement technique would be utilized to measure the distance. Commissioner Thomas said he agreed with Commissioner Fitzgerald that a conflict exists with measuring property line to property line. He agreed the distance should be measured from the establishment. Mr. Shuford indicated if Walgreens had designed their building differently, package sales could have been permitted across from Clearwater High School because of the facility to property line distance. He said presently the measurement permitted is 300 feet from the building to the property line. Commissioner Thomas questioned what problems staff has had with that measurement method. Mr. Shuford said a bowling alley on US 19 with a large parking lot in the rear and located abutting a residential zone is able to serve alcohol. He said it is sometimes difficult to measure by this method. Commissioner Thomas questioned if distances regarding churches and schools should be set at 500 feet and measured building to property line. Mr. Shuford said a restaurant next door to a church can serve alcoholic beverages. Nightclubs, taverns and bars are not permitted in a similar location. Mayor Garvey questioned if the two block separation permitted variances. Mr. Shuford said yes and with that distance, staff would be able to review compatibility issues. Commissioner Thomas said he preferred the 500 foot distance but was concerned about its impact. Mr. Shuford said the proposals would not impact existing facilities. Change of ownership would require an appearance before the P&Z. The consensus of the Commission was the minimum distance between alcoholic beverage use and churches, schools, parks and residential areas should be 500 feet, property line to property line. 10) (Formerly Issue #11) Should uses which received a conditional use permit from the P&Z Board (on an administrative hearing officer) and were required to, but did not receive, a separation distance variance be prohibited from being "grandfathered?" Consensus was that uses that received a conditional use permit from the P&Z Board or a hearing officer and were required to, but did not receive, a separation distance variance not be "grandfathered." Consensus agreed with this item. 11) (Formerly Issue #12) Should the sale of cold alcoholic beverages from package sales establishments or sale of single containers of alcoholic beverages from package sales establishments that also sell gasoline be regulated? Consensus was reached that the sale of cold or single containers of alcoholic beverages should be handled through state legislation rather than local ordinance. 12) Should the sale of alcoholic beverages from package sales establishments that also sell gasoline be regulated? This new issue worksheet requests direction on whether or not alcoholic beverage sales should be prohibited entirely from establishments that sell gasoline. The Commission recently heard a number of separation distance variance cases with varied decisions reached. Staff recommends the Commission decide if it wants to continue to allow the sale of alcoholic beverages from establishments that sell gasoline. Mr. Shuford said this issue differed from #11 in that it addresses all alcoholic beverages. Commissioner Thomas questioned if the sale of alcohol at gas stations could be prohibited except when abutting an enclave. Mr. Shuford suggested the City would probably lose that argument in court. Commissioner Thomas felt it was wrong to sell alcohol at a gasoline station but noted the State permits these sales. The consensus was that regulation should not be pursued except through State or county regulation. The Commission recessed from 3:10 to 3:21 p.m. ITEM #22 - Res. #94-11 - forming the Equity Study Commission to review the City's occupational license ordinance and fees and make recommendations to the City Commission (CP) This year, the State Legislature amended State Statute 205 allowing cities the authority to: 1) raise occupational license transfer fees by up to 10%, with 5% increases every two years thereafter; 2) establish a penalty fee of up to $250 for delinquent license fees; and 3) reclassify and adjust license fees. The City must conduct an equity study and adopt a new Occupational License Ordinance in order to increase the occupation license transfer fees. Reclassification and adjusting license fees require the City Commission to appoint a five member Equity Study Commission (ESC) for this one-time study. ESC must consist of members of the Clearwater business community and will be charged with recommending changes after first studying the City's ordinance and fee structure. A 10% fee increase will increase City revenues by approximately $130,000 over last year. The City does not need to form an ESC to raise transfer fees and establish penalty fees for delinquent licenses. If the City chooses to increase fees, the State has set two restrictions: 1) Fee adjustments can provide a maximum of 10% increase over the previous year's revenue, not including additional revenue for new licenses; 2) The new ordinance to increase fees must be adopted by October 1, 1995. The City Manager said changes would not be effective until October 1, 1995, therefore the term ending date should be changed from September 1, 1994 to January 1, 1995. She said the committee will have six months to meet and forward a recommendation. She noted State Law requires committee members represent a Clearwater business but does not limit the group's size. City law requires members also be City of Clearwater residents. Commissioner Thomas recommended a board of ten consisting of two appointments made by each Commissioner in order to provide a good cross section of participants. Commissioner Deegan requested this resolution be adopted during Thursday night's meeting in order to obtain more volunteers for service on this committee. Commissioner Fitzgerald noted before the request is broadcast, the Commission should establish who can be appointed. He recommended appointees be Clearwater residents. Commissioner Deegan said while most City boards have residency requirements, this committee will be reviewing rules and fees that influence more than City residents. He noted many with businesses in the City live elsewhere. Commissioners Thomas and Fitzgerald agreed. Commissioner Thomas moved this be an ad hoc committee of limited duration; appointees do not have to live in Clearwater but must be representatives of Clearwater businesses. The motion was duly seconded. Upon the vote being taken, Commissioners Deegan, Fitzgerald, and Thomas voted "Aye." Commissioner Berfield and Mayor Garvey voted "Nay." Motion carried. Commissioner Thomas moved there be 10 members on the Committee with each Commissioner appointing two representatives. The motion died as there was no second. Commissioner Deegan moved that the committee have seven members, one appointed by each Commissioner and two appointed by the City Manager. The motion was duly seconded and carried unanimously. The consensus of the Commission was the resolution will be presented for adoption at the June 2, 1994 meeting. ITEM #23 - Planning and Zoning Board - 1 appointment (CLK) Commissioner Fitzgerald moved to reappoint Kemper Merriam. The motion was duly seconded and carried unanimously. ITEM #24 - Community Relations Board - 2 appointments (CLK) Commissioner Deegan moved to appoint Naomi Williams to the "At-Large" category. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Jeffrey Jones to the "Industrial Management" category. The motion was duly seconded and carried unanimously. ITEM #25 - Other Pending Matters a) Three year lease, 05/07/94- 05/06/97, for City owned property known as 1165 Cleveland Street to Stone Buick, Inc., for $3,500 per month, plus applicable sales and ad valorem taxes, for a total rental to the City of $126,000 (PW) On May 5, 1994, the City Commission voted to continue the item regarding a proposed lease renewal with Stone Buick, Inc. and to abide by the previous lease on a month-to-month basis until additional negotiations can be completed by staff. The Commission directed staff to: 1) negotiate a lease renewal that provides the same rental rate as the previous lease, with the Lessee obligated to pay any real property taxes assessed; and 2) note Article XIV. Default and Termination, should allow for lease termination by the City for any purpose consistent with the City Charter, not just for any municipal purpose. The proposed lease agreement, executed by Richard H. Norris, President of Stone Buick, Inc., includes the aforementioned Commission direction. Commissioner Thomas expressed concerns that language regarding the termination was not precise enough. He said it should include language to deal with the Community Redevelopment Agency (CRA) controlling the property. Ms. Deptula stated the lease is with the City, not the CRA. If the CRA wants the City to break this lease, they will need to contact the City. Commissioner Berfield expressed concerns regarding what would be considered to be consistent with the City Charter. Commissioner Thomas said he wanted to be certain possible redevelopment of the property was not negatively affected. Commissioner Thomas recommended removing "any purpose consistent with the City charter" so as not to limit the City's options. Mr. Baker said that language was included so actions inconsistent with the City Charter would not occur. Commissioner Deegan noted it was up to the City Commission to determine if the need is consistent with the City Charter. Questions were raised regarding the termination rights of the Lessee. The City Manager explained these sections permit the Lessee to terminate the lease based on actions by the Lessor. Commissioner Deegan moved to approve the three year lease with Stone Buick. The motion was duly seconded. Upon the vote being taken Commissioners Deegan, Berfield and Fitzgerald, and Mayor Garvey voted "Aye." Commissioner Thomas voted "Nay." Motion carried. CITY ATTORNEY REPORTS ITEM #26 - Other City Attorney Items - None. ITEM #27 - City Manager Verbal Reports Hildebrandt, Inc. - Final Payment Kathy Rice, Deputy City Manager, reported Hildebrandt Inc., the firm hired to perform an audit of the Legal Department, agreed to reduce their fee by $4,000 and Thomas A. Cloud, Esquire, working with Hildebrandt, agreed to $1,000 fee reduction. Ms. Rice reported the City has paid invoices in the amount of $42,272.98. The balance due, which includes the reduced amounts, is $12,959.20. The total cost of the study is $55,232.18. Mayor Garvey questioned if the Interim City Attorney had reviewed this item. Ms. Rice indicated Mr. Zimmet felt the agreement is fair. She noted the bill could have been as high as $62,000. Commissioner Deegan stated he was satisfied the City had made its point. Commissioner Berfield moved to approve final payment for this study in the amount of $12,959.20. The motion was duly seconded and carried unanimously. Beach Views Request Mr. Chuck Pollick, of the Beach Views has requested discussion regarding advertisement in his newspaper be placed on the City Commission's agenda. The City Clerk stated Mr. Pollick realizes his paper does not meet the requirements for many of the legal advertisements but is requesting advertisements be placed in his paper in addition to the advertising done to comply with State law. Commissioner Deegan agreed the question goes beyond the law as there is a need to notify the public of City business. He noted the Tribune does not get the information to a large number of citizens. He noted the expense of advertising in the St. petersburg Times was significantly higher. He questioned the cost of advertising in the Beach Views in addition to the Tribune and whether that would still be less than the Times rate. Commissioner Fitzgerald said if notices would be placed there, the City would need to seek advertising opportunities in other City neighborhood publications. Mayor Garvey spoke against the suggestion. Commissioner Thomas requested staff investigate rates of other weekly papers distributed throughout the City. Majority consensus was to schedule this for discussion. ITEM #28 - Commission Discussion Items a) Direction re reconsideration of SV93-30 - Gayfers Department Store - Clearwater Mall Jerrie McGlynn, Operations Manager, wrote the City Clerk on May 13, 1994, and stated Gayfers had not received notification of the April 27, 1994, meeting that addressed Gayfers' sign variance case. Ms. McGlynn requested reconsideration of this matter. The City Clerk stated notification was mailed. She indicated she recently was advised of new contact name. Commissioner Berfield questioned if the notice was returned to the City. Ms. Goudeau said it was not. Mayor Garvey noted this case had been heard twice. Commissioner Thomas agreed. Commissioner Deegan noted many decisions were based on precedence established with Gayfers signs. He said it was possible the Operations Manager had not received notice. He stated he would be willing to reconsider the matter. Commissioner Fitzgerald agreed that the Commission had already heard this case two or three times. Commissioner Thomas noted Gayfers was grossly uncooperative with PSTA regarding a bus route. Commissioner Thomas moved not to reconsider the Gayfers sign variance case (SV93-30). The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Fitzgerald and Thomas, and Mayor Garvey voted "Aye." Commissioner Deegan voted "Nay." Motion carried. ITEM #29 - Other Commission Action Mayor Garvey stated the Council of Service Organizations, Upper Pinellas (CoSOUP) wishes to request a 56 square foot variance and erect a 120 square foot welcome sign listing local service organizations on property owned by the Daughters of the Confederacy on Courtney Campbell Causeway. They are requesting a waiver of the variance application fee. The Mayor expressed concerns that if the Commission waives the fee, CoSOUP may think the variance will automatically be permitted. Commissioner Fitzgerald noted the sign has been planned for a long time. He spoke in favor of advertising the existence of service organizations active in the City. Harold Ward, representative of CoSOUP, stated the sign will list all of Clearwater's service clubs. The Mayor questioned the variance fee. The City Clerk indicated the rate had recently been reduced from $400 to approximately $200. Mr. Ward said plans are to construct it from chain link fence with each service organization displayed on signs 18 inches in diameter. Mayor Garvey and Commissioner Thomas expressed concerns that the sign be attractive. Commissioner Fitzgerald felt it was appropriate to waive the fee for a public service organization. Commissioner Deegan moved to waive the fee for a sign variance request from CoSOUP. The motion was duly seconded and carried unanimously. Mayor Garvey noted no-smoking policies were being instituted in various ballparks. She requested the Commission request the Phillies adopt a policy that forbids smoking at Jack Russell Stadium in the seated area. Commissioner Thomas expressed concerns with infringing on smokers' rights. He noted the park is outside. The Mayor pointed out some of the facility is undercover. She expressed concerns with nonsmokers sitting near smokers. She felt this issue addressed second hand smoke issues. Commissioner Deegan did not agree that smoking was a problem at the stadium. He noted seats are not assigned and those offended by smoke do have the option to move. Commissioner Fitzgerald agreed this is an outdoor issue. He said he was not prepared to limit smoking. Commissioner Berfield spoke in support of the Mayor's concerns. There is no consensus to pursue this. Mayor Garvey questioned the lease agreement on the Pier Pavilion. The City Manager reported staff met with Mr. Alexander and negotiated an extension of his lease until December 1994. He has agreed to an additional extension of at least one more year with special provisions. Ms. Deptula said she will schedule this item for discussion. Mayor Garvey questioned the scheduling of discussion of the Dunedin Pass report. The City Manager indicated it has been scheduled for June 16, 1994. Commissioner Thomas requested additional information regarding port fees collected by Empress Cruise Lines. He requested staff review ways the City can generate revenue from the cruise line. Mayor Garvey stated a friend who cruised on the ship returned to find his truck scratched after it was towed so cruise line personnel could reach another car. She recommended the City's policy regarding the cruise line requires review. Commissioner Berfield reported she attended the DUI exercise organized by the Clearwater Police Department with other local police departments on Gulf to Bay Blvd. over the recent Memorial Day Holiday weekend. She praised the professional and courteous officers who represent Clearwater. Commissioner Fitzgerald expressed concerns regarding a May 17, 1994 article in the St. Petersburg Times regarding a 6-3 Supreme Court ruling regarding trash flow. The Court ruled a community cannot require anyone to use the local landfill. Trash can be shipped anywhere if prices are better. The Court stated laws restricting landfill choice interfere with interstate commerce. Commissioner Fitzgerald stated the City needs to be cognizant of future difficulties that may result from this ruling. He reported the president of the Florida League of Cities has also expressed concerns. Federal legislation will need to be enacted to overcome the decision. Commissioner Fitzgerald requested the City Manager contact the Florida League of Cities and gather information for the Commission. He suggested the Commission mail correspondence to Senators regarding enacting legislation to blunt the impact. He recommended the Commission gather information, formulate their thoughts, and request input of Florida's position. ITEM #30 - Adjournment The meeting adjourned at 4:29 p.m.