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08/07/1997 (2) , ' , ,I ~ '_ ~_ ~_ , ~ __:..._ 4 ,_~_ ~ I _ ' . ',', ' " . ' . ' ' . .?' . .,..' . ,r:J 'pc . ...' ~ ~ ~ '. I' . ~ .:= ; . , ' " '1' I " ., . .::.;::~"y~: <',';'1,::. ,,\,~ '\::t',,~':~'>:.:~'~H;:;:~g~~:!~'.~:~,\:, :'1r t":i' ~;\:'''~Y~.'''' ":,Pc:..~,, ',"; ,,' \ ,.". ,>. ' .':, ',.' { . c...'"" "q, .. , 'I' c c ,cO ~ I. .', .., " , .;. t. . '. ,1.:",. ' '.COMMISSION C~ty Commission Minutes , ' Date' t+UjusJ I , ( qq I ./ , , ' ~ .~\: ': > ~ . > ,':: I' I", . . ,> . ,~, i"'::' ., ,"/ " ".: . ::,l"{': I..' , .... .~ > ' , . , .. . '.'<c< .. . t/1 , ' " . ~ ,; .: . I ' "'. . . ' J- .' ~~.,.', ," ' . . .: ,Of,. '.' ~ ' d ., .c " ; . 'L " < ':" ' ,'..r.' . : . " ,:',:" :_" .... , .... ','q', ,<;:~;::H'" >..,:,:" "<,:'" i, ".. .' ....'... .......... ....,'..: . , ." . ,I ,I a: '" \" n, ,I ill. '. LJ , ",'" .' . " ,,:, ',~',"\",l:.,jl ~" '~~""',"~"':\"___,'~. If~J ,'::I,I~"'.,I':i-ry:"'::..:,:<.;",.,',:":',:' ,">;', , " , \,'".', ' , ... __ ~_ .~.. .,........-:: i.. :..:..... ~ ,~.. ~ ~ , , , " \ , ,', \..' .. ,:,' I ' . , , " i, ' , ," . .... . .. ~.'~\i/U~/;'X~f;::\:t.!;:,:, . .. I" " .~ CITY COMMISSION MEETING CITY OF CLEARWATER August 7, 1997 Present: Rita Garvey J. B. Johnson Robert Clark Ed Hooper Karen Seel Michael J. Roberto Kathy S. Rice Bob Keller Richard L. Hedrick Pamela K, Akin Scott Shuford Rich Baier Cynthia E. Goudeau Patricia 0, Sullivan Mayor/Commissi oner Vice-Mayor ICommissi oner Commissioner Commissioner Commissioner City Manager Deputy City Manager Assistant City Manager Assistant City Manager City Attorney Central Permitting Director Engineering Director City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon Albert Tibbetts of St. Cecelia's Catholic Church. The Mayor led the Pledge of Allegiance, o To provide contlnulty for research, items are in agenda order although not necessarily discussed In that order. ITEM #3 ~ Introductions and Awargs . proclamation Clowns Week - August 1 -7/ 1997 ITEM #4 - Presentatio.illi ~ None, ITEM #5 - ADoroval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of July 17, 1997, and the special meetings of April 22, 1997, May 14, 1997, May 22, 1997, May 27, 1997, July 14, 1997 and July 17, 1997, as recorded and submitted in written summation by the City Clerk to each Commissioner, The motion was duly seconded and carried unanimously. JTEM #6 - Citizens to be heard re items not on the Aaenda - None. pUBLIC HEARINGS ITEM #8 ~ p'ublic Hearing - Res. #97-45 . authorizing placement of liens on properties for unpaid ,utility bills o mcc08a97 1 08/07/97 ..::.'_" ..." ...i". 'i.. ... .....;.. :....;\};::.:.;...:. ..' H:.. .~'.. . . . .. .'i~,:,';;;~:.;Hr?>}.} ..;\{/L..'.',.'<;.:~.: . ,> .........\.i: '.' . ,.",.... .' ',.. ,&.:~I ,.' ..'C"i,..., ..0... ." EJ ....",. .,.'....... ,.......,.. ~.,:- .:::,; :,'.'i;: : ':':' : ",~ ';",-. :; " <.' .' ,', ,:..:, <~ (\".:' fJ .. ~::, ::-:'~J.2.1 :.~~: :'i'.~, ::(~." . ': ".:::'....-,>;3:- '.'..... ". ',~ _ ;':';:-':",,: ;":: .:, :.~. ,'::,'<::, /::.:' ':~.; "Nays": None. . . ,~ ,'I , ' ~ !', ~,'" ,;, t) Subject utility accounts are more than 90 days delinquent and owe more than $1 00 each, Utility Customer Service has notified the owners regarding their indebtedness. The City Clerk has advertised this public hearing, Commissioner Hooper moved to authorize the placement of liens on properties for unpaid utility bills and that the appropriate officials be authorized to execute same, The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-45 and read it by title only, Commissioner Clark moved to pass and adopt Resolution #97-45 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. ITEM #9 - (Cont'd at 07/17/97) Public Hearino & First Readino Ord. #6166-97 - relating to occupational license fees; amending Appendix A, Schedule of Fees, Rates and Charges by 5% increase in fees and amending administrative fees charges C)' In 1995, under guidelines established in State Statute 205.013 and amended in 1993, the Commission adopted an ordinance that restructured and increased the City's Occupational License fees. Municipalities can increase their Occupational License fees up to 5% every other year after adopting an ordinance reclassifying and revising the rate structure, This agenda item and associated ordinance increases almost all fees and revises the administrative fee for delinquent occupational license fees to a more equitable system, During budget hearings, the City Commission had directed staff to bring forward this amendment increasing fees. The increase will generate approximately $60,000 in additional revenue. In addition, staff proposes to add a category to address an equity concern: 070,110 - Hardware Store or Lumber Yard with inventory valued less than $100,000 - $200 fee. Commissioner Johnson moved to revise Appendix A, Occupational License Fees, Code of Ordinances. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6166-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6166-97 on first reading, The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #10 . Public Hearing - Land Use Plan Amendment to Resort Facilities Hioh & CPO Zoninq for orocertv located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Bhula, LUP97-06, Z97-06) L - ':lJ ~ mcc08a97 2 08/07/97 ".' ~". " I.'....-.:._..._...:.._...._..,.J..~,.."..-+""" .,4.:f' '.', ' .",'. I., ,I'~., ':" , ," I > ~.'" :' . ; , , . , ',\ ;:::~'::.>:: \" ":t ~' " . i '>1' t I, l. rJ The applicant has requested this item be continued until September 4, 1997. Commissioner Clark moved to continue Item #10 to September 4, 1997, The motton was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 .;. Ord. #6142-97 - land Use Plan Amendment to Commercial Neighborhood for property located on N side of SR590, approx, 700' W of McMullen Booth Rd., Sail's lake Park, Unit B, Tract B (Terepka, lUP97-02, Z97-03) The City Attorney presented Ordinance #6142-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6142-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: IIAyes": Hooper, Seel, and Garvey, "Nays": Johnson and Clark. Motion carried. o ITEM #12 - Ord. #6143-97 - CPO Zoning for property located on N side of SAS90, approx, 700' W of McMullen Booth Rd., Sail's Lake Park, Unit B, Tract B (Terepka, LUP97-02, 297-03) . The City Attorney presented Ordinance #6143-97 for second reading and read it by . title only. Commissioner Hooper moved to pass and adopt Ordinance #6143-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: II Ayes": Hooper, Seel, and Garvey, "Naysll: Johnson and Clark. Motion carried, ITEM #13 - Ord. #6161-97 - Annexation for property located at 2391 Eastwood Dr" Eastwood Terrace 3rd Addition, Blk A, lot 31 (Hoyt Development Co., Inc., A97-07) The City Attorney presented Ordinance #6161~97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6161~97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: IIAyes": Johnson, Clark, Hooper, Seel and Garvey. "Naysl1: None. u mcc08a97 3 08/07/97 ,t,~,_."" '.'" .......,;,.....;.;:: ... "'. . "':,:,.;-::;:;.:' ;.:.::'.;:;:,:,'. .' ':';""::..',"/,.:,',j'.:'.,:i::".."'Ji .:':'it}'J;,'.:........'::. ":,".,.:,(/'~":'..;?li,,:;;:,{t\~r?::'j,; " ,... ",.", '-" '. , .. ';', ' ""1(,'",,, ,..f.,', ,.".'i:!!!,'___,., .', ..,.' " ',"' .'i,'.'.."..,'l'..~"..".,' .'....', ..'.'...,-"',' ",'..'1: ',: ,....':...,.".'.',.. ',': ...L,'< ,',:" ....;., ,:':;, :,.'.'r=t.:.' ;;,': ", .,,'d,'''':; ":.;;','.:,.'",'.t:,'/,"'~:-,'";:;'.':;". , " ',. r . ~.......->.+v . ..,j,..~. ......" T ~ . . "~"~'" " ' ....,~. '....1 ", .._.~ " _~___.....:..-.,:.....,."".,'-".I", .,~... . ,..d. , ' ;',. .,..' I, "I," 4." I '\, , , . . : < ~.. c', ~ .: ' I) LTEM #14 - Ord. #6162-97 - RS-6 Zoning for property located at 2391 Eastwood Dr., Eastwood Terrace 3rd Addition, Blk A, Lot 31 (Hoyt Development Co., Inc., A97-07) The City Attorney presented Ordinance 116162-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6162-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #15 - Ord. #6165-91- Vacating 10' ENJ alley, lying S of Lot 10, E.F. Hoyt's Twin Oaks Sub., subject to being retained full width as a drainage & utility easement (Religious Community Services. Inc.. V97-08) The City Attorney presented an amendment to Ordinance #6165-97, It was indicated on first reading, the ordinance was read with the wrong title although the correct ordinance was attached to the agenda item. c:, Commissioner Clark moved to amend the title of Ordinance #6165-97 and Section 1 to delete the language retaining a drainage and utility easement as follows: 1) "An Ordinance of the City of Clearwater, Florida, vacating the 10.0 Foot East/West Alley lying South of Lot 10, E.F. Hoyt's Twin Oaks Subdivision; providing an effective date," and 2) Section 1 the following: 1i10.0 foot East/West Alley lying South of Lot 10, E.F. Hoy't's Twin Oaks Subdivision, as recorded in Plat Book 5, Page 50 of the Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 116165-97, as amended, for second reading and read it by title only, Commissioner Clark moved to pass and adopt Ordinance 116165- 97, as amended. on second and final reading, The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #16 - Ord. #6167-97 - Vacating portion of Bayview Ave" bounded on 5 side by the N r-o-w line of Gulf to Bay Blvd., on W side by M&B 14.07, Sec. 17-29-16, on E side by E line of said section and on N side by extended N lot line of Lot B, Blk 8, Bay View City Sub. (Conoeo, Jnc., V97-06) The City Attorney presented Ordinance #6167-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6167-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: v mcc08a97 4 OBI07/97 1h"1 I ~t \" . / " .' "" ': . ' '. '. :()\_' ,'..,/". .' ........ :. "i' ;';';"'-:;>' .... ~y,': ..',:' '.'::.......?:;~.yf.:.;.:'. .,..... · <.F'l', ,/",:,j';:'.;,i}':~!;;",)f~':,(,;l'i;,1'1"~'Iii!:r'; "" .' .',:' ., " ;"',.: '. u.:' " " '.' ,"I: ....'. ..,t .J....,.,. . C"11, ,...~, '.' ',."..,),;":.".-..;,'...,,... I:"'," ......,.,1"...",',;,..: -_,:'.;, . '.: :..\' l.",: i, '~:". ."",. ". ",' i,', ,..."r.,.:'t,~ J \\:3,." "'..,~.":',+:,.,:.:,. "..,:.'"t."~~,',+,'.:t~....." , ~ :', ',. . '.:....._---1._...,~.....~,..,",. ~ ,,/' ".",. i" ',' ," > j .',. + " .,': . ".',' ,,' ":::','" ,:':: .~..' .": ~ "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None, ITEM #17 - Ord. #6168-97 - CPO Zoning for property located at 211-223 Windward Passage, Island Estates of Clearwater Unit 5, Blk D, Lots 4-6 (The Pools at Windward Passage I Rojo Holdings Corp. I Dolphin's Landing, Inc., Z97-07) . The City Attorney presented Ordinance #6168-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6168-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey, "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-28) - Approved as submitted, less #21. ITEM #18 - Aooroval of Purchases & declaration of surolus oer 07/22/97 memorandum: r:l Extension, library subscription service, EBSCO Subscription Services, 10/01/97 -9/30/98, estimated $80,000 (LIB) Estimated 5000 tons of DOT approved concrete sand, Florida Rock Industries, 08/08/97 - 08/07/00, estimated $46,000 (PS) Miscellaneous water and sewer pipes & other parts, Hughes Supply, 08/30/97 -08/29/98, estimated $100,000 (PS) 37 desktop computers, $121,538.36, Dell Computer Corp., $113,146, to be lease purchased under City's master lease-purchase agreement, balance of $8,392.36 is available in the project to fund items that cannot be lease purchased (1M) Declare equipment surplus to City needs; authorize disposal through Tampa Machinery Auction ITEM # 19 - Purchase Order for One Call Underground Utilitv Notification SYstem, One Number Information Systems of Florida, Inc" 08/08/97 -08/07/98, estimated $30,000 (GAS) ITEM #20 ~ Affirm City Manager's 60-dav extension of oriQinal Deried (06/21/96 - 06/20/97); further extend for period 08/20/97 -10/20/97 for installation of polyethylene gas mains and services. Heuer Utility Contractors, Inc. (GAS) ,..,\., V mcc08a9? 5 08/07/97 ..ttt,Jjt.., },', ',: ,.,' :- ~ , '".~", ..,....,. .. ~t-'- ..... - - , ... ~- , .' L.' ~:\/_' ,',' ",.,' ,.,'" ""., ,",' ,;' '~"",'::>,""!\ ;";:,a;:,',;:G\',:,}";":\;6'('~;;:'(\,$"i:\"~}'::/.'/\),-,',;1;:'/';"':'" ,.',,: t',",'. .~ <,,, .:,.,., .'. .~..',".., . ..:', ;',' ',,: ..,\., t..., .t':""; ,.M'....,..:.. .;"L' .:....;.. 'j'" :,;.',', .,....... ,,;,'. ,i.',.'~.... :1,",. . !.':,." , '., ",~. ',' ..... ',.,.'""..~...<, /,'", ,'~:;>:~,,:, 1,'.r".,l:"':cTI...T', ',;' .:,', . .,''.,'...',:..", '.,'.,'''~...,...:'.,..:', , ,"~ "" I ,', ~ I, ,',___~_~__'l.t._.~L_'''''''.'_'', 1 ".!"'.,, '", I' . I I" ",~ .' . ", " :'.. ~ , ~ " .' ~ . . , ,'. . \ '." i---' ITEM #21 - Contract for installation of oofyethyfene aBS mains for Pasco County Gas E~Danslon . Phase V. on Madison Street; from School Road; North to Massachusetts Avenue; then East on Massachusetts to Congress Street, Mueller Distribution Contractors, Inc., estimated $229,928 (GAS) ITEM #22 - Ratifv/Confirm amendment to P.O.9142. relatine to repairs & uogrades to ground storage (water) tanks; The Cram Corporation; increasing the amount by $34,090 for new total of $105,989 (PS) ITEM #23 - Aareement with FDEP for Covenant Runnina with Land for wetland mitigation activities (Arcturas PondJ located along Anen's Creek, from Drew Street north to Harding Street (EN) ITEM 1/24 - C.O,#2 to landmark Drive Extension Contract, adjusting completion date to 07/07/97. for total time extension of 115 days (EN) ITEM #26 - Contract for North Greenwood District Parking lot #2, T,A. Cummings Construction Corp" for $35,888; approve $6,598 for materials for irrigation, landscaping & lighting to be installed by Parks & Rec Dept., for total of $42,486; and approve contingency fee of $4;250 (10%)(EN) ITEM #26 w Work Order ANX-040397, Post Buckley Schuh & Jerniaan, remedial action at the Annex/Former Montgomery Ward Fueling facility, $160;000 (EN) {~ZlI\.. {. ""'# ITEM #27 - Joint Proiect Aareement with Pinellas County for utility installation by roadway contractor for construction of Sunset Point Road. from US 19N to McMullen.Booth Road, estimated $370,757,75 (EN) ITEM #28 - ADorove 8Dolication for submittal of U.S. EPA Sustainable Challenge Grant to fund Economic Buy-In Model for Town Pond Project; approve $7,000 appropriation of City matching funds (eM) Deputy City Manager Kathy Rice requested Item #21 be pulled for staff to bring back at a later date. Commissioner Hooper moved to approve the Consent Agenda as submitted less Item #21 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously, OTHER ITEMS ON CITY MANAGER REPORT o ITEM #29 - Res. #97-46 - expressing City's intention to be reimbursed from proceeds of tax-exempt financing for certain capital expenditures, extend contract awarded 09/07/95 to GE Capital Public Finance; Inc, for additional 1 year, to provide $2,761.480 line of credit to cover an planned lease purchase equipment acquisitions for FY1997/98, authorize all uncompleted equipment acquisitions previously approved for financing under the current contract to be financed under the extension of this agreement (FN) j:- mcc08a97 6 08/07/97 >\:'_'" ,<'. ',..\ ',i,: :;i.,'., "';:;~':i;;?::qt\,:....'.' .; ,.:' '.',;,i ~/..:\:,t/)';,~hl;~'/b~;:;":"},';'~,\'{:;",:,;::';;\'i:,;i;~.;i'>~~'~ '.' .', ',' .;-",,' , ),1 . ",", "',' .." ,:f,' ,.' .', .....~,.,. .,.,....,.,,,S ',' ".....~., .;, .':;,.:...,,' ',' .",,'.':,," :'" :',.;,~',;, , ", f(;.~'~ j" ._ ~, " "',' "II. ..". ,~. : . '..'" ';~,":.,':. ',j',~,,,,,_.~--_,,,-:,:,,,~-~_,~~,:,,,,,,,,,,,,,\,,, (,' ~' .',.'" : \ .,"..... ',',',", ," ", " ',~ ,i. ... .' , ,~ , The City solicited proposals for lease purchase financing for FY (fiscal year) 1995/96. Bids were based on a percentage of the weekly average index for the 5-year Treasury Note as published by the Federal Reserve Board. GE (GE Capital Public Finance, Inc.) bid 87.5% of the weekly average 5-year Treasury Note. The recent 5-year treasury average weekly rate was 6.17%, which would result in a current borrowing rate of 5.399%. Staff is satisfied with the current contract and GE's performance. Several lease purchasing providers contacted by staff indicated it is not in the City's best interest to solicit proposals this year: 1} Clearwater's current interest rate is as good or better than the City could get if it went out again this year and 2) Clearwater needs to continue establishing a record of multi-year contracts to lower future borrowing costs. The contract allows for one-year extensions with the mutual consent of both parties, GE has indicated they want to renew the contract for one year. Approval of this item does not represent a commitment to borrow, The City Commission must approve the lease purchase of each specific item of equipment through the year. Resolution 1196-46 allows the City to pay vendors and to be reimbursed by GE. Staff determined the line of credit amount based on capital acquisitions, which meet the lease purchase criteria, in the FY 1997/98 budget. f!~,'""'\ '{;~~ Commissioner Hooper moved to express the City's intention to be reimbursed from the proceeds of a tax-exempt financing for certain capital expenditures, extend the contract awarded September 7, 1995, to GE Capital Public Finance, Inc., for an additional one-year, to provide a $2,761,480 line of credit to cover all planned lease purchase equipment acquisitions for FY 1997/98, authorize aU uncompleted equipment acquisitions previously approved for financing under the current contract with GE Capital Public Financing, Inc., to be financed under the extension of this agreement, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously, The City Attorney presented Resolution 1197-49 and read it by title only, Commissioner Hooper moved to pass and adopt Resolution #97-49 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey, "Naysll: None, ITEM #30 - Fiscal Year 1997/98 Social Services Grants - approve recommendations made by TRC for allocation of City social services funds in the amount $100,000; approve funding contract form (HM) o Staff mailed grant applications and instructions to 56 area social services agencies which had expressed an interest or had participated in the program previously, Requests were limited to $10,000, Agencies could submit one application per project. The City received 35 applications requesting $267,068.45. On June 13, 1997, the TRG (Technical mccOBa97 7 08/07/97 ,'t._: ,', ."., ,,:, ":',,..' '., "',;\.".:~i?',.::;:{: :::::;::;';::\\; :J.; ,., " :.': .,' "';):' f",',,:',':J!.h, ;,\.r:.::\';:i:.~,,:::;:;i;"i?;;;':;;t{t ,'.', . ',' . ',,", ... \,' ,\ '.' ". 'L \1' '., n, . l:: 't.. ',.. :E~ . ..'."... . " ',.,..,..'.' .!' .':'.. 't' "'" : ' ,..,.:.:' r......,.., .'..,~::..;...',:\ ", ,',;,/. ,: .'.:'" :\....:':/,:.;:.,::~'.'."."I~ L:':<. ~ ',[J;;::-.: ", . .~::::J';'/: ';:::':\:,',:J,~,:..: '>::'<:~~;:~:';':':;""':'<:':':'\:~~..':: ,::\,::,:-<,:,;..;:, .'," ....., ...\ ,.I",. .__.....:..---..:'....._j_..'-"....'~r...... ,'\ " ',' r ,"1' """,4" ,,' ',';,"" ' ,c 1 .' ,. . " .. ,~ Review Committee) reviewed the applications and made recommendations. TRC members included: 1) Kathy Boculac . Florida Department of Children & Families; 2) David Morgan N Pine lies County Department of Social Services; 3) Gabriel Cazares - former Clearwater Mayor/former Pinellas County Commissioner; 4) Dorothy Whitlock - JWB (Juvenile Welfare Board); and 5) Lolita Brown. SPJC (St. Petersburg Junior College). The United Way and Morton Plant Meese Hospital Social Services Department were unable to provide staff members to the TRC due to special projects. Social services grant funding of $100,000 is included in the City Manager's recommended budget for FY (fiscal year) 1997/98. TRC recommended funding: 1) AIDS Service Association of Pinellas, Inc. - $8,779; 2) Community Pride Child Care, Inc, N $8,356; 3) Coordinated Child Care of Pinellas.. Inc. - $10,000; 4) Greenwood Community Health Resource Center - $6,920 - 5) Head Start, Pinellas County - $10,000; 6) Neighborly Senior Services, Inc. N $4,988; 7) Pinellas Animal Foundation, Inc. . $7,178; 8) Pinellas Opportunity Council, Inc. - Emergency Assistance Program. $5,000; 9) Pinellas Opportunity Council, Inc. - Skills Training Program - $2,500; 10) Quality Child Care Center, Inc. - $4,420; 11) Quest Inn, Inc. - $8,420; 12) RCS (Religious Community Services, Inc.) - Emergency Housing Program - $5,020; 13) RCS - Food Pantry - $8,419; and 14) ReS 4 The Haven Transitional Living Program - $10,000. The City Manager reviewed the programs recommended for funding. It was noted other agencies, such as Family Resources, Ine" have requested items such as furniture, educational materials, etc. Citizens with items to donate were requested to telephone City Hall for information about contacting these agencies, {Jl) 'W"c Commissioner Clark moved to approve the recommendations made by the TRC (Technical Review Committee) for allocation of City social services funds in the amount of $100,000 and approve the proposed funding contract form and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #31 4 First Reading Ord. #6149-97 ~ Creating new section 21.17 relating to begging by intimidation; providing definitions; prohibiting begging with intent to intimidate (PO) Individuals begging for money, goods, or services, while engaged in conduct intended to intimidate citizens into assenting to the beggar's demands, is adverse to the health, safety, and welfare of Clearwater citizens, This ordinance is not intended to infringe upon constitutionally protected free speech, but is intended to prohibit conduct that would cause a person to be fearful of imminent harm to his or her person or property, The ordinance defines the terms, tlbeg" and "intimidate," and is modeled after an ordinance which has withstood a constitutional test in Roulette v. City of Seattle, If adopted, officers charged with enforcement will be provided a training bulletin and instructions regarding its application, ensuring it is constitutionally applied, The City Attorney stated this ordinance does not prohibit begging but does prohibit aggressive begging which is defined as causing a reasonable person to be in fear for one's safety or property, ~ mcc08a97 8 08/07/97 :":_,,. ..... ". ;..:;:;;." ..., ".. ':::,},:'r:. .'..',.,\::):;,:;: "":;;i:d:~ ""j;,,-:;,';,;.':;:;'" .... \~,'. ~::i"'.:....,:':,:)'ii~0it:t~i;;\;{i}. ' . "J' " .'.' '. ..,,,.. ". , " '. . "'" t ". ," ,..CiJ.. I "~: . " 1 L:. ' '. ,<.' ,,, ,.. ..,.;, . ',' ,', ." " ..'.. . .~..,. ,". '. I...,. .,', ".f', ',,',..,......:: __ "1 : .'~I....'...<,2:I", ,,13-,,:,.'. ,."'....,..:..;,,... ~'..,.',..:.,,';,.,'. ". t .' . ,. '.....'..:,__......._._..."_...:....,.. "" ':' ",",." I , ',", ' . ,-, r , ,c " .:" ~ .,' '~ "~, > ....:~'::;"~' ,~., ~ , ;;:..".x~:~,~ c :', ~'"j ~', , '1'1' , 1 /~ Commissioner Hooper moved to approve the prohibition of begging by intimidation. The motion was duly seconded and carried unanimously, The City Attorney presented Ordinance #6149*97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6149.97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. t'Nays": None. ITEM #32 - First Readina Ord. #6180-97 . establishing a money purchase pension defined contribution plan for certain employees who are employed by the City on or after 6/23/97 (eM) The City Manager's contract requires a 15% contribution into an ICMA 401 A Money Purchase Pension Plan. Staff drafted the plan with the help of Kalish and Ward. Staff recommends two types of management employees: 1) City Manager and City Attorney for whom the City will put 15% into the plan. effective June 23, 1997, the date of Michael Roberto's hire and 2} unclassified employees with signed employment agreements with the City Manager who are not in the Pension Plan, The City's contribution for these employees will be 6%. The City already contributes 6% into a 457 plan for these employees, It is proposed this part of the plan begin October 1. 1997, to .jiJl" provide time to stop the 457 contribution and begin the 401A contribution. This change t..J will save the City approximately $9,000 a year as Social Security payments will not be '-:'lolL' paid on the 6% contribution to a pension plan. The City currently pays Social Security on deferred compensation. The plan document includes: 1} normal retirement defined at age 55; 2) plan qualifies under IRS rules; 3) ICMARC shall be plan Trustees; 4) participants may direct investments; 5) JCMA allows deferral beyond termination for distribution of funds; and 6) plan allows in-service withdrawal. Ms. Rice reviewed the plan. The City Attorney indicated a corrected version is available due to minor changes related to 2 typographical errors. Commissioner Johnson moved to approve establishing a Clearwater Money Purchase Pension Plan. The motion was duly seconded. It was noted the changes will result in no real cost to the City. Ms. Rice said the increase in the City Attorney's budget will be offset by savings in Social Security payments. Upon the vote being taken, the motion carried unanimously. (. ~,,;,.\ ;;" mcc08a97 9 08/oi/97 ~,' ::,,.,....". .'.. :.:' '.' , ';.",: ',' ;..; :,>..>;':, '.'.<':;. ", ',r,,:' ..'...,': ' ~ .';< ,:: !,.:;. ',<:, :.:, ': ..': :':...,: <~:, ".; ;" :' i' ..,:".:..'. : '.'....~ ~ ",'.: ,'.;', '.,.::. :.-- . < :",' , ' '; '.,,:-" .:: I ;i~., ~,,' ~ '.:' ,:~:.: ','.':..' ;'.,';, ',,'. ,',: ,'.', ..": .... ,':': -1,'.,',.,,1.'.., . '[ ".,.,..,..".."" "."..,'''....,.....',.\', ; .:" " ,.,'..,:.'" :;',',:".;~. ':.:::/ ".'.:',':.. ,'.....,.'.,:, ':...:n,'.,...,..;:..,'t::!:/,",...\' '....,."...':".::'.....:\.."i.".:.~","':" ':' .,'. : "::':: 'i.~\' :':.'/: :':,',: .,"':':' :::"': :,':>:'. ': ,: ' .:,:.... ;<,~,I.:,'.' ..: '" : I..', :" :"1 :', :'f' ~ '.:>, , "~:~<:::1;:"\', :,:';:,,;,, :: ,:: <~\ :.:::>;/::,:.:t',~,..::':i. :~;.'~'/:': ','::':.'::: ,I:..:'.'~. " ;"':,' . ., '. '. --.." ~ ,',. _...l.--_",.---.. ~ .......~,_.. "" ,r 01' '. . ,. f,'" , ,'\ , ... "' . . , " . < . . '<<L;~i;:>;.: :">,~,:'.:, ,(. \ , ., ~ The City Attorney presented Ordinance #6180-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance /16180-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #33 - Other Pendina Matters - None. CITY ATTORNEY REPORTS ITEM #34 - Resolutions a) Res. #97-32 - Abatement Lien - 917 Tuskawilla St" Milton Park, Blk 18, Lot 2 and ~ of vacated alley on south (Benson) The City Attorney presented Resolution #97-32 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-32 and authorize the appropriate officials to execute same. The mation was duly seconded and upon roll call, the vote was: "A yes": Johnson, Clark, Hooper, Seel and Garvey, .:> "Nays": None. b) Res. #97-44 - Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution #97-44 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution /197-44 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #35 - Other City Attornev Items a) New Lawsuit - Lois Maroon vs City of Clearwater, et al. Lois Maroon, a City employee and Pension Plan participant, brought this action seeking declaratory judgment clarifying her rights under the Pension Fund and City code, Ms. Maroon was employed on September 27, 1978, resigned, withdrew her resignation, and was reinstated. The PAC (Pension Advisory Committee) voted to allow her to buy back her pension service credit for September 27, 1978, to January 4, 1985. Ms, Maroon v mcc08a97 10 08/07/97 , ' '> :':'_' .' ..;, :",' ..', " ", , >:' 'i,. :';"'i",:;,i,::,,:,.>L::,:;:: :'",': ',2,:i::::i,,;,::\J:!,';::'t(i,:;) .., ,i. . " , ' ,", \" . ..,' ','. .', .... . ' ,. t ," " . 'f'.'."" '."" r,.', , . ", D, ':"" .,..,....".,:,' ", ,..,.,.,' "'.:' ...",' .<, :' ., ,: ',,; .<::: ,. :' ' '::' .;',;, i;: ~':"\': ......:'.;:,:', :.:<~"" ':,.. .:, ::, ..< '"' :':'! :...:,'.'.'::':n "~":: ,: \J:J ,~"i,>,.:;':!/:::::": :;"::.';,'. \,.:':;,: ;";'., >'; .'::',;..,(:'; I :. j ',', ..', T..U...:.-.....:..'~...~_.-,~_.....,.,~~ '"I ~ : : ,.", -' ..."... It, 'I, ,t' .,'.,'~ ' " '",~''' ::' '~, . .' ') ~ ;.' I, . '~ alleges the City has refused to credit her for her service from July 1985. to November 1989. The City Attorney requested to assign this case to outside counsel, Thompson, Sizemore & Gonzalez, which settled the previous AARP litigation. Ms. Maroon did not participate in the AARP settlement. Commissioner Johnson moved to authorize the City Attorney to assign the Lois Maroon case to the law firm of Thompson. Sizemore & Gonzalez. The motion was duly seconded and carried unanimously. ITEM #36. Citv Manaaer Verbal Reoorts - None. ITEM #37 - Other Commission Action Commissioner Clark complimented Commissioner Johnson on his letter to Reverend Boone and Mayor Garvey on her letter to the Beach Views regarding inaccuracies it printed regarding the annexation issue, .Q..ommissioner Hooeer presented the 111 & 2nd place submissions proposing murals on buildings that abut the Pinellas Trail in downtown. Roger Basemer's 1" place water fowl mural will decorate the shoe store on the Southwest corner of Cleveland Street and East Avenue. Jeffrey Litton's 2nd place illustration of an aquarium will be painted on the .11".\ motel building on the Southeast corner of Cleveland Street and East Avenue. As funds t~.It'.1 become available, the artists will begin work. In response to a question, Commissioner Hooper stated 20 sites have been offered for murals. A simple permission document is being developed, It was Questioned if the City Attorney should assist with modifications to the agreement. In response to a suggestion, the City Manager indicated the 5.year agreement will prohibit alterations to the mural without permission from the artist and DDB (Downtown Development Board). The DDB is trying to condense the current document. The City Attorney said the City is not a party to this agreement. Assistant City Manager Bob Keller said the City signed off on criteria for the murals and recommended against providing free legal help. It was felt the City should not be involved if it has no final say or authority. The Pinellas Trail cleanup through downtown will take place between 8:00 a.m, and 12:00 noon on October 4, 1997, and the Grand Opening is scheduled for December 6, 1997. Commissioner Hooper said the DDB has worked hard to make the Pinellas Trail through downtown attractive. No City money is being used for this project, The DDB is raising private funds for the murals. Commissioner Johnson thanked Commissioner Hooper for his participation. Commissioner Johnson requested a reply be sent to Hal Ebersol's letter regarding Harborview Center expenses, o mcc08a97 11 08/07/97 ..:,:.~>.:~~- ,. .,. .' ' . ,.,'.",. . '".. "', ...','. . .. .,".. L~'" '. .', 'n".. I.' .(!!!~' '" ' . U.,.., ,',. '" ',.' '. ,,,..',,.,..,..,, ,,' .'" //::;.,~':' .~<,~, :':,:., ':':; :,:: '::,<:(:~'.:; :'i.~:'.Y',:';\".':}":.;,,:'~~,;.:;,:,\';,:'~:'~: ,:,:.:<::',~. :':;::.:, :,:':.'.::,;; ILl, X!(.",::,.,!:~\:;.O'://:'\y:.~::~A ::.::.:~;,~.:;:;:~:':;:{ .:)(>.;i' {:. :::'t) /;;,~:;:\<; ::,,:;,:;~~/ 'l'~ " 'fl I I, " '10' ...__._~_......~......'u.....~'~ r-..'.' L \'. 'I 'I ~ ,'.', ,.: ~ I ,'~. ,." \ ','" () U'-'4r . f '. ' i~ v , ... ' .;." )",;:~,,;::\ i~:.'i:i;;"; .. >, .:./~ . ' ~ .' I" , . :, . Commissioner Seel announced MPO (Metropolitan Planning Organization) staff will be recommending the MPO fund a parking inventory of downtown Clearwater, Commissioner Seel questioned if Clearwater will have input to the Countywide retiming of traffic signals. Rich Baler indicated the City is working with the project's consultant. The timing, which requires coordination by Pinellas County and FOOT (Florida . Department of Transportation), has not been redone for 7 years. The County and FOOT were thanked for their assistance. Mavor Garvev questioned the status of the traffic signal at the intersection of Garden Avenue and Drew Street. Mr. Baier said it will be removed within the next 2 months. Commissioner Seel expressed concern that Clearwater has no laws requiring swimming pool enclosures. Ms, Rice reported the Fire Department wHl bring forward a sWimming pool safety education program. Concern was expressed that fencing not be required around retention and detention ponds. ITEM #38 - Adjournment The meeting adjourned at 7:02 p,m. ATtEST: c~,~ [. h....&ie. . . City.Clerk mccOBa97 12 08/07/97 . '. .\' '.d \' ,< ".,......" J ~,<, ~ : 'i'