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07/15/1993 CITY COMMISSION MEETING July 15, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, July 15, 1993 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk Susan Stephenson Deputy City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Public Works Director. 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 Two service awards were presented to City employees. ITEM #4 - Introductions and Awards The Parks and Recreation Annual Appreciation Award was presented to J P Hotels. ITEM #5 - Presentations - None. ITEM #6 - Minutes of the Regular Meeting of July 1, 1993 Mayor Garvey stated Mr. Jonson's name was misspelled on page 23. Commissioner Fitzgerald requested a correction on page 16, starting after title b., the 8th paragraph, the last line should read .... review the issue unless it was an emergency situation. Commissioner Berfield moved to approve the minutes of the regular meeting of July 1, 1993, as amended. The motion was duly seconded and carried unanimously. The meeting recessed for the Community Redevelopment Agency meeting from 6:10 p.m. to 6:12 p.m. #7 - No item. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #5429-93 - Vacating southerly 1.5 feet of northerly 15 feet of westerly 32 feet of easterly 47 feet of the 15 foot utility easement lying along the northerly side of Lot 14, Blk G, Salls' Lake Park 2nd Addition (Beneficial Savings V93-05)(PW) The applicant has a pool structure which encroaches approximately 1.29 feet into a 15 foot wide Utility Easement and the decking another 5.41 feet. The City has no existing utilities within this easement. This request has been reviewed by the various city departments and divisions concerned with vacations and there are no objections. Florida Power, General Telephone and Vision Cable reviewed the request and have no objections. The pool was constructed prior to the recently instigated process whereby impending encroachments are more readily discovered and precluded. Paul Argus, resident at the address, indicated his support. Commissioner Fitzgerald moved to approve vacating the southerly 1.5 feet of the northerly 15 feet of the westerly 32 feet of the easterly 47 feet of the 15 foot utility easement lying along the northerly side of Lot 14, Block G, Salls' Lake Park 2nd Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5429-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5429-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #9 - Public Hearing - Vacating 8 foot drainage & utility easement lying along N side of Lots 10 & westerly 62.5 feet of Lot 11 and the 8 foot drainage & utility easement lying along the S line of Lot 9 & westerly 62.5 feet of Lot 8, all lying in Blk D, Pine Ridge Sub. (Mesagno V93-06)(PW) The applicant is requesting that the 8 foot Drainage & Utility Easement lying in Lot 10 and the West 62.5 feet of Lot 11 be vacated. The applicant is currently refinancing his property and a current survey shows a building addition encroaching into an existing easement. The City has an existing 12 inch storm main within this easement. This request has been reviewed by the various city departments and divisions concerned. The Engineering Division is suggesting the adjacent 8 foot easement lying in Lot 9 and the Westerly 62.5 feet of Lot 8 also be vacated provided a private easement be recorded between the property owners over the existing storm main lying under the existing building. All other departments concerned have no objections. Florida Power and General Telephone have no objection to vacating the 8 foot easement lying in Lots 9 and 10 and the West 62.5 feet of Lots 8 and 11. Vision Cable has no objection to vacating the 8 foot easement lying in Lots 8, 9, 10 and 11. The Public Works Director reviewed the comments and recommends the easement be vacated and that a private easement be recorded prior to final adoption of this vacation as proposed by the Engineering Division. With the vacation of the easement, the storm drain will become private property and the building's encroachment will dissolve. This is accomplishable in this case because the storm drain line originates on private property and an easement is not necessary to convey water from off site through the site. Bruce Mesagno, owner of the center, stated that he and the adjacent property owner will maintain the drain once it is private property. Commissioner Deegan moved to approve vacating the 8 foot drainage and utility easement lying along the north side of Lot 10 and the westerly 62.5 feet of Lot 11; the 8 foot drainage and utility easement lying along the south line of Lot 9 and the westerly 62.5 feet of Lot 8 for the subject property; and direction was given to the City Attorney to, upon receipt and examination of a satisfactory private easement between the affected owners, to prepare a vacation ordinance. The motion was duly seconded and carried unanimously. ITEM #10 - (Cont. from 7/1/93) 19th year CDBG Final Statement and Objectives for FY 1993-94 (PLD) The City will begin the 19th year of Community Development Block Grant (CDBG) funding on October 1, 1993. The 19th year entitlement award is $1,018,000 and program income is expected to generate $120,000; the 1993-94 budget will allocate $1,138,000. An application has been prepared for submittal to the Department of Housing and Urban Development (HUD). This application allocates funds for Public Services (14.1% of total budget), Public Facilities (4.6%), Housing Rehabilitation (25.4%), Economic Development (1.3%), Administration (13.9%), Relocation (4.4%), Special Activities by Subrecipient (12.3%), Disposition (1.7%), and Acquisition (22.3%). There were 33 requests for funding received from 26 separate agencies. These funding requests and the 1993-94 budget were the subject of Neighborhood Advisory Committee meetings held on May 11 and May 25. The budget included in the Final Statement is the committee's recommended budget. Federal regulations limit Public Service expenditures to $188,042 (15% of the sum of the 1993-94 grant award plus 15% of the 1991-92 program income). The proposed budget for public services is $160,489 which reflects 85.4% of the total amount allowable. Administration expenses are limited to 20% of the total budgeted amount ($227,600). The proposed budget for administration is $157,800 which reflects 69.3% of the total amount allowable. On May 24, 1993, the NAC made the following 5 motions and staff joins in recommending these motions to the Commission which will be clarified prior to execution of contracts: 1) an agreement of lease with an option to buy be negotiated between the North Greenwood Association (NGA) and the owner of the old Plaza Theater and that the purchase price be included at the time of the lease; 2) a determination be made concerning the responsibility for damages by water flooding the Latchkey Services for Children; 3) Pinellas Habitat for Humanity (PHH) be funded for $25,000 with the condition that the monies be used in North Greenwood and that the City buy lots for PHH; 4) any surplus or shortfall of funds for the CDBG subrecipients be debited or credited from the rehabilitation line item; and 5) that the release of funds to any subrecipient be contingent upon any HUD regulations concerning nepotism. The NAC recommended that CNHS be funded $8,000 for administrative expenses for the HOME program. After review by staff, it was determined that CNHS would not be eligible due to the agency being awarded those funds through another source of funding, namely Pinellas County HOME Consortium. Pinellas County staff has advised City staff that these costs are not eligible. Jim Polatty, Planning and Development Director, stated it is the purpose of this hearing to receive public input required by HUD on the CDBG proposal. Staff rated all requests and the funding proposal submitted was based on recommendations from the Neighborhood Advisory Committee. While it was only recommended that approximately $160,000 be spent for Public Service, the 15% allotment would allow up to $188,000 for this purpose. The rating system was explained. He pointed out there are no caps for Public Facilities or Housing. He stated the philosophy used in recommending the level of funding was not to fund an entire project but to provide seed money. Dorothy Pettis stated the Greenwood Panthers provided a copy of their budget and thanked Commissioner Thomas for visiting the field and taking care of some items. Mayor Garvey questioned whether the money would be used for the children and Ms. Pettis responded it would be as there is no paid staff. She reported the City had donated tables, chairs and a computer from surplus. Joan Linear, Program Director for the Chore services program of the Pinellas Opportunity Council, stated they are the only organization in Pinellas County that provides heavy housecleaning and lawn maintenance for senior citizens who wish to stay in their homes. Their clients are obtained through referrals and they service all of Pinellas County. Shirley Carlson of Red Ribbon Homestead stated this was the first and probably the last time they would request funds. She expressed disappointment that they were not recommended to receive any funding. She believes federal funding will be available in the future. The program provides an ACLF for AIDS patients. She stated if they were given $4,000 of the funds provided to organizations scheduled to receive over $20,000 and $2,000 of the funds scheduled for organizations receiving over $10,000, there would be sufficient money to provide their request. They have no funding presently and were unable to print flyers. Charlie Mann of the Community Service Foundation stated they have been in existence since 1979 and deal with affordable housing by providing rent and utility assistance, training on homeownership, etc. They have served over 10,000 people in the past year. Guy Cooly of Coordinated Child Care stated they provide subsidized child care. There are approximately 360 children in the Clearwater facility and 220 of them require local match funding. He was surprised to see that funding had been cut and he expressed hope that the difference would be available through another grant. Mayor Garvey stated this organization is unique in that it brings in more than is funded to them. Tom Beatty, Chairman of Youth Builders, stated they employ 15 students, providing life and employment training, generally in construction. Due to the success of the program last year, they are expanding beyond construction and will also include young ladies. The Pinellas Private Industry Council administers the day to day functions which allows Youth Builders to avoid overhead. He expressed thanks for the commitment from last year. Tim Caddell, Director of Girls Incorporated, stated the funding received in past years has made a difference. The Kings Kids program of tutoring is shared with another agency. Through this program, more children have been able to achieve honor roll status in school. Chief Klein, representing the Law Enforcement Apprentice Program, explained the program stating the purpose is to recruit future police officers from the North Greenwood area. He reported they are replicating the program at Condon Gardens through a $25,000 grant from Clearwater Housing Authority. Bob Tankell, board member PSS, stated the program has been a great success combining the private/public partnership and allowing individuals to become self-sufficient. They have helped over 300 people in the past 2 years. This is a program which pays back the government by helping participants to become self-reliant and no longer reliant on government subsidies. Commissioner Berfield questioned Mr. Polatty as to whether they could increase funding for Public Service. Mr. Polatty responded that up to $188,000 could be spent but because program income is estimated this was not recommended. If they exceed the $188,000, some funds would have to be repaid to HUD. In response to a question from Commissioner Berfield, Mr. Polatty stated that Red Ribbon was the only organization not funded. Commissioner Berfield questioned why this was. Mike Holmes, Assistant Community Development Manager, stated City staff is working with the City of Tampa to obtain funds for programs that assist those with AIDS. Mr. Polatty stated the City is generally hesitant to fund new programs. Commissioner Berfield questioned how they get a track record if they are not funded and expressed a desire to give Red Ribbon some funding. Mr. Holmes indicated the funding from other sources will be split between four counties but in addition, there is money available from Catholic charities. Mr. Polatty stated staff had recommended $10,000 but NAC did not recommend any funding. Commissioner Berfield stated she would like to consider staff's recommendation. Commissioner Deegan stated if $10,000 were added Public Service would still be under the cap. The funding would have to be taken from another category and he suggested all groups be heard before finalizing funding for Public Service. Commissioner Thomas inquired about the manner in which organizations were rated and those who rated them. He asked how staff rated an organization if they had never given them money or worked with them. Mr. Polatty responded the organizations were rated based on their applications. Commissioner Thomas questioned how the success of an organization can be rated if staff never had any dealings with them. He expressed concern that only two organizations would receive the full amount requested while 14 would receive less than was needed to complete the project. He expressed the thought that a determination should be made of who can do the best job with the money received and focus the funding where the greatest success will be achieved. He expressed concern that the information provided was inadequate and sparse. He expressed concern regarding how thoroughly the requests were analyzed and that not all NAC members were in attendance at the meetings at which the applications were rated. He would like to see a change in the method of determining what organizations will receive funding next year. Mr. Polatty stated they would not recommend an organization for funding unless staff felt they would be successful and he pointed out the same rating system was used as was approved for the Social Service Fund Grant Program in the General Fund. He stated the Neighborhood Advisory Committee had good attendance at their meetings and the members visited the various programs. Commissioner Thomas pointed out that 7 of the 16 organizations received no money in the last few years and were rated even though staff has not worked with them. He expressed concern that the focus needs to be narrowed. Mr. Polatty stated the money funded through this program is generally thought of as seed or gap financing and the purpose is to assist in funding programs but not to provide the entire amount needed. Mayor Garvey expressed concern that if full funding were provided to a program for two or three years and then withdrawn, it would be worse. Commissioner Thomas requested a review of the concept of how the dollars are used. He requested the same procedure not be used next year. Ream Wilson, Parks and Recreation Director, explained the Wood Valley Recreation Center project. It is a small neighborhood park which has approximately 75 to 80 visitors a day. More indoor space is needed for game activities and the project will enclose a shelter which has been the subject of undesirable activities. The remaining funds needed for the project will come from impact fees and Penny for Pinellas funds. Sue King, representing Project Self Sufficiency, which is housed in the Levison Center, requested full funding for renovation of that Center as more room is needed to provide sufficient office space. Martha Skelton, Director of Community Pride, stated there are 3 programs operating in the City that provide care for over 200 children. The request is to redo bathrooms in one of the centers. They have been having difficulty in raising the additional money needed for the projects. She encouraged a review of the CDBG process. Dale Sklenar of Neighborly Senior Services stated they are operating 6 adult daycare centers. This area has a higher than usual older adult population. They wish to turn a storeroom into a personal care room for bathing and hair care of senior citizens. Alma Taylor of Family Resources Inc. stated they wish to expand their runaway shelter to provide additional office space for counselors. They presently have only 3 offices in the facility and more are needed. Peggy Ferber stated they have watched this program grow for 8 years. It is the only facility of its type in Pinellas County which provides services free of charge. They have over 80% success rate in reuniting families. They have sufficient counselors to assist in this effort but they do not have enough private offices and many of their clients have a need to come in the evenings as opposed to spreading appointments throughout the day. Mayor Garvey inquired as to whether there was room on the site for the addition and Ms. Ferber responded that space is available. Commissioner Berfield inquired as to whether it was possible to meet elsewhere in view of the fact that they have sufficient counselors. Ms. Ferber responded they do have some counselors who will make home visits but it is important to bring the parents to the children. Barbara Green, representing Homeless Emergency project, stated they have a vacant lot and wish to add additional rooms. She stated the recommended funding will help but more is needed. They house over 200 people a day. Commissioner Deegan expressed concern that neither of the proposed projects could be completed with the money that is being allotted. Harry Howard of Clearwater Neighborhood Housing Services read a letter from Isay Gulley. He thanked the City for past support and stated they have been concentrating on the North Greenwood area as more overall blight exists there. CNHS can provide needed services and when the infill housing goals have been fulfilled in the North Greenwood area, they will expand to assist in other areas. Bob Reese, representing Community Housing Resource Board, explained the program has reduced the cost of construction. The funding requested is for an audit of the real estate industry to eliminate housing discrimination. Commissioner Deegan inquired as to whether the realtors board supported their efforts. Mr. Reese responded the program was their idea. Commissioner Thomas expressed concern that the program might be a form of entrapment and 70% of the funds were used for audit and 30% for training realtors. Mr. Reese responded that it was not entrapment and had so been declared by the Supreme Court. Commissioner Thomas inquired as to whether the Legal Department had reviewed the program. Mr. Galbraith indicated it had not. Commissioner Thomas questioned allotting money for this program while not fully funding the bathrooms for Child Care. He expressed the opinion that the realtors should train themselves. Commissioner Deegan stated there is a potential for a reduction in complaints heard by the Community Relations Department due to this program and he felt it should be supported. Mayor Garvey agreed. Mayme Hodges, representing the Sgt. Alan Moore Community Partnership, stated they provide counseling and referrals for those with drug and alcohol problems. They provide a safe house for the community. None of the money is used for salaries. Tracy McNeal stated that PAR also works with this organization. Commissioner Thomas questioned whether they could accomplish what was needed since they were not getting all the funding requested and whether their project would fail due to the reduced funding. Ms. Hodges stated the seller has agreed to work out the purchase over a three year period and they can get into the house for the funding recommended. Greg Schwartz of Tampa Bay Community Development Corp stated this program is to assist first time homeowners. Approximately 68 people received assistance in the purchase of homes. Mr. Holmes stated the Administration of the HOMES program is withdrawn. Mr. Polatty stated they can not fund this under an agreement with the Pinellas County Consortium. Commissioner Thomas questioned whether there would be additional money available for the bathroom needs of the child care center. Martha Skelton, in response to a question, stated the bid to renovate the bathrooms and the air conditioning came in at $34,000. The bathrooms will cost approximately $15,000 and the funding provided would allow them to do one but not two. Commissioner Thomas inquired as to whether there was any additional money that would allow the child care center to provide two bathrooms. Commissioner Deegan expressed the opinion that Wood Valley Park should be funded by the General Fund and eliminating this from the grant program would provide an additional $10,000 that could be given to the Red Ribbon program, leaving $8,130 to provide the bathroom in the children center or to provide additional funds to the Homeless Emergency project. Mayor Garvey stated she agreed with eliminating Wood Valley from the CDBG program but she did not necessarily support funding the Red Ribbon project. She felt that eliminating Wood Valley would allow additional funds to be provided for other renovations. In response to a question, the City Manager stated the Wood Valley project could be added to the capital improvement projects for this year or next. Commissioner Thomas supported the recommendation of Commissioner Deegan. He stated the homeless issue was important and it should be funded in total rather than with a bandaid. Mayor Garvey expressed the opinion the money should be kept in the facilities portion of the program. Commissioner Thomas recommended removing the $7,800 funding for the program to audit the real estate industry. Mayor Garvey felt the program would cut costs in the long run. Commissioner Thomas felt that the realtors should be self-policing and have the funds to train themselves. Commissioner Berfield moved to eliminate Wood Valley. The motion was duly seconded and carried unanimously. Commissioner Deegan moved that $10,000 be given to Red Ribbon. The motion was duly seconded. Commissioner Fitzgerald questioned whether there was other funding available from other sources. Mr. Holmes stated there is no guarantee but his department is doing what it can to assist Red Ribbon with other possible funding sources. They may have money available in August. Commissioner Thomas inquired how sure staff was that there was other funding available to Red Ribbon. Mr. Polatty responded they were not sure as there is a need region wide. Mr. Holmes stated the entities involved have not yet decided how to disburse the funds. The last funding provided money to the City of Tampa but the disbursement will be allocated among the other entities involved. HUD designated the City of Tampa as the lead agency. Mr. Polatty stated the City of Tampa has indicated its desire to share the funds. Commissioner Thomas inquired as to Red Ribbon's chances of receiving any of the funding and Mr. Holmes responded that there was $800,000 available and he felt fairly certain Red Ribbon would receive some of those funds. Commissioner Deegan stated that $10,000 will not fully fund the program but there is a possibility that other money might have strings attached that limits the manner in which the money can be spent. Shirley Carlson stated that once they are established, she feels certain Red Ribbon will be self-sufficient but they need the seed money to get started. She stated the HOPA money will not be available until next year. Commissioner Thomas inquired as to whether the $10,000 can be returned to the City if Red Ribbon receives funding elsewhere. Mr. Holmes stated the funding being discussed tonight will not be disbursed until October. Ms. Carlson stated the need is immediate since there are only four such facilities in Florida. Commissioner Thomas suggested they support the Red Ribbon project now and if money becomes available from the other program, the Commission can decide where else the $10,000 can be spent. Mayor Garvey stated the money from the other program would not be available until after the first of the year. Mr. Holmes stated he felt the money will be available November or December. In response to a question from the Mayor, Martha Skelton stated the money is for air conditioning, two bathrooms and a closet area. The two bathrooms will cost approximately $15,000. She does not know where they will get the additional funds that are not provided through the grant. Commissioner Berfield stated that everyone is getting money from other sources and questioned whether there are needs they were not addressing. She pointed out that Red Ribbon is willing to move forward and there are bathrooms available to the children in the child care center. Mayor Garvey expressed the view that the child care center should be able to do the full project so they are not back next year. Commissioner Berfield expressed the view that all of the projects are treated similarly in that they receive partial funding but everyone gets something. Commissioner Thomas inquired of Ms. Skelton as to whether there were other sources of money and she responded that they had applied to the County two years in a row and received nothing. They are attempting to do the work in phases. They received $5,000 from the Juvenile Welfare Board and funding from United Way but those funds can not be used to improve the structure as they are for services provided. Commissioner Deegan expressed the opinion that there is no reason to limit the total since the rehab line item can be used to balance the funds. Mr. Polatty stated the NAC recommended the rehab funds be used to balance. Commissioner Deegan stated he would like to support Red Ribbon and give them $10,000 out of the rehab. Commissioner Thomas suggested using the $7,800 allotted to Community Housing Resource Board. Commissioner Deegan felt the $7,800 was a cost effective expenditure and the realtors themselves have asked for the audit. Commissioner Thomas expressed the view that the realtors should be asked to fund that item. Commissioner Deegan responded that the realtors be asked to fund the audit and if they do not, the money be given to them as recommended. Mayor Garvey stated she could not support that. Commissioner Thomas requested the motion be amended to add taking the $7,800 recommended for Community Housing Resource Board under Fair Housing and allocate to Community Pride Child Care Center under Public Facilities; taking the remaining $8,130 recommended for the City Parks and Recreation Department under Public Facilities and allocate to Community Pride Child Care Center and in the event the Board of Realtors does not fund Community Housing Resource Board the Commission return those funds to that program. Commissioner Deegan who made the original motion and Commissioner Berfield who seconded it, accepted the amendment. Mayor Garvey restated the intent of the motion that $10,000 be given to Red Ribbon, $8,130 be given to Community Pride and $7,800 also be given to Community Pride unless realtors do not come forward to fund the audit. Upon the vote being taken; Commissioners Thomas, Berfield and Deegan voted "Aye", Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried. Commissioner Deegan continued to express concern regarding the Homeless Emergency project as there is not sufficient funding. He reported on a conference he attended in Sarasota wherein he discovered CDBG funds can be used for facade improvement or for a mainstreet program. Consideration should be given to improving the facades in the North Greenwood area and allow the North Greenwood Business Alliance to administer the program. He would like to see the formation of a task force regarding the homeless. Providing a drop-in center would be the Task Force's first step. He recommended taking $10,000 from Rehabilitation to Administration to get the project started. He suggested some of the condemned buildings in the area could be used for drop-in centers. Commissioner Deegan agreed the whole process for allocation needs to be redone. He felt the Commission should be asked for ideas. Mr. Polatty stated the method for determining who would receive funds and the amount received would be improved next year. Commissioner Thomas expressed dissatisfaction with the volume of paper received. He stated his staff cut down the large amount of paper to a very concise report and pointed out that not all of his questions were addressed in the volumes of information he received. He stated a loan of 500% of the annual CDBG is available to the City. He suggested the loan might be the best way to solve the problem of insufficient funding. Commissioner Deegan stated that CRA money could be used for downtown, therefore he would like to recommend $25,000 for Greenwood facade under a matching fund program administered by the North Greenwood Business Alliance. Mr. Polatty stated the Alliance is funded for six months by the Chamber. Commissioner Deegan requested a suggested back up. Mr. Polatty indicated Neighborhood Housing Services has an economic development program. Commissioner Deegan moved that the North Greenwood Business Alliance be awarded $25,000 for a matching fund facade improvement program, that Homeless Administration be provided funding of $10,000 for a drop-in center and increase funding for The Homeless Emergency Project by $5,900. The motion was duly seconded. The money is to come out of the rehab funds of $288,841. Commissioner Fitzgerald stated the rehab funds are for low income housing and expressed concern regarding the use of the money for other purposes when housing is a primary concern. Mr. Polatty stated the rehab program has been closed for six months and there is a back log of approximately 30 applications. Commissioner Fitzgerald felt there should be a maximum rehabilitation of low income housing and wanted information on the ramifications of using the funds for other purposes. Commissioner Deegan stated money is available from other sources. Commissioner Thomas shared Commissioner Fitzgerald's concerns but feels there are dollars available to cover the funds used for other purposes. Commissioner Thomas requested the motion be amended that $25,000 be given to the North Greenwood Business Alliance restricted to no more than $2,500 per business with matching funds. Commissioner Deegan and the seconder accepted the amendment. Upon the vote being taken; Commissioners Deegan, Berfield and Thomas and Mayor Garvey voted "Aye", Commissioner Fitzgerald "Nay". Motion carried. Commissioner Thomas moved to approve the 19th year CDBG final statement and objectives for FY 1993-94 as amended as follows: a) Public Services - 1) Ervin's All American Youth Club to provide support for staff salaries - $12,429; 2) Youthbuilders Inc. to provide for 7 participants' salaries at minimum wage while enrolled in the program and to train low income teenagers in education and employment skills - $13,628; 3) Boys and Girls Clubs of the Suncoast Inc. to provide operating support for youth club's activity program located in the 284 unit Condon Gardens public housing development - $13,200; 4) Girls Inc. to fund a certified teacher and supplies for after school tutoring program at Condon Gardens and operational support for staff salaries to provide after school and development for 58 girls in the Condon Gardens Housing Project - $13,439; 5) City's Police Department Law Enforcement Apprentice Program matching funds to pay police aide salaries to employ neighborhood youths at the North Greenwood Police Substation - $11,389; 6) Partners in Self Sufficiency operational support to provide a comprehensive support system of education, housing, child care and counseling for low income families, principally those with single heads of household - $16,000; 7) Community Service Foundation to provide emergency rental counseling and assistance, eviction counseling, referrals and housing placement - $36,651; 8) Greenwood Panthers Culture and Sports Club to provide organized team recreational activities for the youth in the North Greenwood Neighborhood - $5,000; 9) Sgt. Allen Moore Community Partnership to provide for a safe-house concept to offer counseling and other related services to alcohol and drug addicted people - $4,214; 10) West Central Florida Boy Scouts of America to provide scouting opportunities for boys in the North Greenwood and Condon Gardens Neighborhoods - $1,571; 11) Pinellas Opportunity Council, Inc. to provide housekeeping services to low income elderly - $5,941; 12) North Greenwood Association to provide operational support and building rental expenses for central location for a variation of activities for residents of the North Greenwood Neighborhood - $11,640; 13) Coordinated Child Care of Pinellas, Inc. to provide a match for child care expenses for low/moderate income families whose children are enrolled in the Community Child Care Centers - $14,187; 14) YWCA of Tampa Bay to provide tutorial assistance to children of homeless families who live in RCS Emergency Housing Shelter and Everybody's Tabernacle - $1,200; 15) Red Ribbon Homestead to provide funding for administration of an adult congregate living facility for AIDS patients - $10,000. b) Public Facilities and Improvements - 1) Community Pride Child Care Center to renovate facilities at 1235 Holt Avenue and 211 Missouri Avenue - $18,546 ($7,800 additional will be given if the Board of Realtors agrees to fund h)(1)); 2) Clearwater Housing Authority to renovate unused floor space for larger office for AARP Senior Employment - $4,650; 3) Neighborly Senior Services, Inc. to renovate bathroom for elderly daycare service - $4,000; 4) Family Resources, Inc. to build addition to office to provide counseling for runaway children - $5,944; 5) Homeless Emergency Project to add additional bathrooms for the homeless shelter at 1100 North Garden Avenue - $15,200. c) Rehabilitation - City/Clearwater Neighborhood Housing Service, Inc. to provide administrative services for city rehab loans, inspection services for all city and CNHS loans, loanable funds for approximately 20 deferred payment loans made by the City and CNHS and guarantees for 10 Challenge loans originated by the City and CNHS - $187,853; 2) CNHS to provide funds for activity delivery costs for rehabilitation program intake, screening, and loan processing approximately 15 loans for owner occupied housing rehabilitation - $17,168; 3) City/CNHS to provide funds for emergency home repair for homeowners in the North Greenwood Target Area and citywide - $42,920. d) Relocation - City/CNHS to provide funds for temporary relocation for City and CNHS rehabilitation clients should they have to move temporarily while their home is being rehabilitated - $50,000. e) Special Activities by a Subrecipient - 1) Tampa Bay Community Development Corporation to provide for down payment assistance and activity delivery costs for approximately 10 low to moderate income families to purchase houses in the City - $40,000; 2) CNHS to provide funds for activity delivery costs for the agency's Infill Housing Program which includes client screening and counseling for up to 20 predominantly low and moderate income families to acquire new homes in the North Greenwood area - $40,000; 3) CNHS to provide funds for deferred payment mortgages to support the agency's Infill Housing Program - $60,000. f) Acquisition - 1) Religious Community Services to purchase and install modular homes and provide transitional housing sites at 1125 Holt Avenue - $13,656; 2) Sanderlin Headstart Center to purchase and install modular classroom and provide educational opportunities for 20 more pre-kindergarten children in the North Greenwood Neighborhood - $8,000; 3) CNHS to provide for payment of appraisals, title insurance, surveys, etc. in association with purchasing land in the North Greenwood Neighborhood for the agency's Infill Housing Program - $180,887; 4) Pinellas Habitat for Humanity to provide for purchase of approximately 5 buildable lots for construction of new housing for lower income families in the North Greenwood Neighborhood - $25,000; 5) Sgt. Allen Moore Community Partnership to provide for acquiring a building for a safe-house for alcohol and drug addictive residents of the City, primarily residents from the North Greenwood area - $25,887. g) Disposition - 1) CNHS to provide for the costs of conveying property from CNHS to the owners of the new housing units built in the Infill Housing Program - $20,000. h) Administration - 1) Community Housing Resource Board to provide administrative support to operate a program to audit Real Estate Brokers to ensure compliance with the Fair Housing Act - $7,800 (These funds are to be provided to Community Pride Child Care (b)(1)) if the Board of Realtors agrees to fund this program); 2) City of Clearwater to administer local funding under the HOME program, assure compliance with program regulations, maintain project records and provide financial reports - $20,000; 3) City of Clearwater for administration of subrecipient contracts, program monitoring, financial reporting, and compliance with applicable federal regulations for the CDBG program - $130,000. i) Economic Development - 1) CNHS to provide employment opportunities for low to moderate income persons - $15,000. j) Additional Subrecipients - 1) North Greenwood Business Alliance for matching funds for a facade improvement program with no more than $2,500 match per business - $25,000; 2) Homeless Administration to provide funding for a drop-in center - $10,000. The motion was duly seconded. Upon the vote being taken; Commissioners Deegan, Thomas and Berfield and Mayor Garvey voted "Aye", Commissioner Fitzgerald voted "Nay". Motion carried. It was stated new procedures would be discussed in October or November. The meeting recessed from 8:58 p.m. to 9:10 p.m. ITEM #10a. - (Cont. from 7/1/93) Declaration Parcel No. 481 along C.R.611 (McMullen Booth Road) as surplus, approval of deed for r-o-w to Pinellas County & Res. #93-08 authorizing execution of an agreement for relocation of city utilities (PW) Commissioner Fitzgerald moved to continue this item. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #5404-93 - Annexation for property located at end of Calumet St., Sec. 1-29-15, M&B 34.27 and part of M&B 34.35 and Sec. 12-29-15, part of M&B 21.01, 5.75 acres m.o.l. (Instrument Transformers, Inc. A93-06) The City Attorney presented Ordinance #5404-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5404-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #12 - Ord. #5407-93 - Annexation for property located at 2633 Harbor Circle, Hill Top Sub., Lots 8 & 9, 0.33 acres m.o.l. (McNeill A93-09) The City Attorney presented Ordinance #5407-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5407-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #13 - Ord. #5412-93 - Vacating E 1' of 7.5' drainage and utility easement lying along W side of Lot 296, Morningside Estates Unit 3B (Osorio V93-04) Commissioner Thomas moved to amend Ordinance #5412-93 in the title, second line, delete "1.0 FEET" and substitute "1.0 FOOT"; in the title, beginning in the fourth line, delete the clause ", SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF."; in Section 1, in the first line of the legal description, delete "1.0 feet" and substitute "1.0 foot" and delete "7.5 feet" and substitute "7.5 foot."; and in Section 1, delete the clause ", except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5412-93 as amended for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5412-93 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. #5430-93 - extending term of franchise agreement with GTE Florida, Inc. by six months to 12/31/93 The City Attorney presented Ordinance #5430-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5430-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Special presentations of widespread public interest ITEM #15 - Tropical Seascape Committee's preliminary findings Steve Fowler stated a committee was formed to develop guidelines for the Tropical Seascape Program for Clearwater Beach. He stated the beach is showing signs of decline. The purpose of the program is to establish a common community character by requiring compliance with the architectural theme. He stated the program allows these treatments: Cracker, Victorian and Mediterranean. He presented slides of current structures on the beach as examples of what is and is not desired. He stated the next step is to inform the public through Town Meetings. They are requesting input from the Commission and then will hire a consultant to draft the ordinance. He stated this is the Committee's preliminary report and they will continue to meet through the fall. Commissioner Thomas inquired as to how implementation could be expedited. The City Attorney indicated there was a need to build consensus on the beach before mandating this program. He stated the beach does have the ability to develop a common theme. He felt the three choices allowed variety which would be beneficial. Mr. Fowler stated they were aware of the need for public acceptance. He indicated eventually an Architectural Review Board would be established for Clearwater Beach. Commissioner Thomas requested art deco be added as one of the themes and that the City Attorney be directed to begin work with the Committee. Commissioner Berfield stated the City of Sarasota has a program in which funds are given to owners who make changes and she inquired as to whether this has been looked into. Mr. Fowler stated they have contacted the lady who put Sarasota's program together and are working on putting things together. The Commission generally approved the efforts so far. The Mayor thanked the committee for their work. ITEM #16 - Stevenson's Creek The City Manager stated representatives from Camp Dresser & McKee (CDM) the City's Engineer of Record would make a presentation regarding Phase Two of the Stevenson's Creek project. Commissioner Deegan inquired as to what instructions were given to the firm after the last presentation. Bill Baker, Public Works Director, stated the City had been informed its original plan to alleviate flooding along the creek was probably unpermitable. They were instructed to look at ways to accomplish some good but in a more environmentally sensitive manner. The altered plan does not accomplish all the goals regarding flood mitigation that were set in the beginning but is more environmentally sensitive. Scott McClelland of CDM, stated there was major flooding in 1987. An aerial from 1954 shows a split in the creek at Pierce Street with two tributaries, one coming east and one coming west. The Jeffords/Barry Street area floods and much of this is due to the urbanization of areas that used to transmit water and which ability has now been restricted. Phase One has been completed. He stated in order to control run-off, it is necessary to control both quantity and quality of water. The water either needs to be conveyed away from the flooded area or stored in retention or detention. The quality of the water can be affected by slowing the water down or by controlling the sources which contribute to material that enters the creek. He described the history and project background stating there was extensive flooding in July of 1987 and October of 1988. The Commission accepted the consultant's plan for traditional flood protection methods. Phase One was permitted and constructed but Phase Two, while having been designed, is delayed in the permitting process pending reconsideration of construction costs and impacts. A public information meeting was held in June and the Environmental Advisory Committee (EAC) concurs with the recommended plan. CDM looked for an environmentally sound and permitable solution. In stage one, which covers Pierce Street to Lynn Lake, the culvert will be improved, grassline channels will be used, and dredging of the lake will occur. Two homes near Druid Road and of four homes near Rice Lake will be purchased. At the golf course, stages one and two differ. Stage One addresses 24 properties which are subject to flooding. Alternate One uses a conveyance method and Alternate Two uses storage. Alternate One provides for a culvert in Jeffords into Lynn Lake. There will be three culverts, 7 feet by 10 feet wide and approximately 750 feet long. The advantage to this alternate is limited properties need to be purchased but there is a higher cost for construction. Alternate Two will store the water in the Jeffords Street area but requires the purchase of 13 homes. This alternate will provide for water quality benefits. There is some concern the sellers might not be willing sellers and also that alternate two will take longer even though it will be less costly. CDM recommends alternate two. Stage one is within funding available today. Stage two allows for more time to get the construction money. Alternate two also has a lesser impact on the golf course. CDM recommends beginning stage one and initiating the program for willing sellers for a period of three years. The extension of Lynn Lake will be completed and the remainder of alternate two will be completed at the end of the three year period. At that time, if most of the properties have not been acquired, the culvert proposed in alternate one can still be installed. There are four houses in the 25 year flood plain and some maintenance will be required but there will be no hard lining. The City Manager stated this will provide for the purchase of the four flooded properties. He discussed the characteristics of the ditch at Hillcrest and summarized that stage one will provide for grassline channels and a few culverts. The choice is between a three year, less expensive project versus a faster more expensive project which would be less environmentally sensitive, requires more mitigation at the golf course and be more difficult to permit. Commissioner Fitzgerald inquired as to the percentage of reduction with the elimination of the 3,000 feet of hard line and asked for clarification as to whether there would be hard lining if the culvert is installed. He also inquired as to whether the EAC had been briefed on the proposal. Mr. Baker indicated the only hard lining would be the culvert if that alternative is chosen. Mr. McClelland stated the EAC has approved the alternate without the culvert. Commissioner Fitzgerald inquired as to the effect of the proposal on the golf course. Tom Burke of CDM stated the impact on the golf course has been reduced and that Alternative Two has the least. Mr. Baker indicated the players will not have to hit over water. Tom Burke of CDM explained which houses would benefit from the proposals. Mr. Baker stated staff and CDM were in accord with the plan. He explained the difference between alternates one and two. He explained alternate two would take longer and all the houses needed to proceed with alternate two may not have willing sellers. Should it take longer than three years, there is much more exposure for the City and delaying changes beyond a reasonable time period does not serve the people. In response to questions, Mr. Burke reviewed which houses would be purchased and why. Commissioner Thomas inquired as to the liability should the improvements to the creek and watershed cause flooding in houses that do not have a problem now. The City Attorney responded there would be a potential for liability. Mr. Baker indicated the plan was for this not to happen. Commissioner Thomas questioned why three years was the chosen time frame to attempt to purchase. The City Manager explained the three years was considered a reasonable time. Mr. Baker indicated the City had promised improvements to those that have experienced flooding. Mr. Burke stated there are a number of different elements involved in the project some of which can be done now. There is no money presently for the second stage and the three year time frame was selected to allow an opportunity to acquire the additional funds needed. Mr. McClelland stated that water quality will be improved once the project has been completed. Commissioner Thomas expressed concern that the velocity of the water coming from the culvert may be very swift. He inquired as to whether there was anything wrong with status quo on the creek until all properties are acquired. Mayor Garvey stated the real issue is the flooding problem and something needs to be done about it. Mr. Burke stated there is a watershed plan which will establish priorities and there is no need to make a decision regarding the time frame for alternate two. The City Manager stated the problem started as a flooding problem but as time went on, it became an environmental problem. Commissioner Berfield inquired how long the project would take if the culvert proposal were recommended and it was stated it would take approximately 18 months. Commissioner Berfield asked what would happen if some of the properties were acquired but others did not want to sell. Mr. Burke stated if at the end of the three year period, only 1 or 2 of the properties had been acquired, they would recommend construction of the culvert. Commissioner Berfield expressed concern that the City could end up with 6 or 7 properties they do not need if they are unable to acquire all of the properties necessary to go forth with alternate two. Mr. McClelland pointed out they could do a combination of the two alternatives depending on which properties are acquired. The City Manager stated the money is in the 1996-97 budget however the Highland Avenue improvements could be delayed in order to move this project up. Commissioner Berfield inquired as to whether stage one could be permitted separately from stage two and the City Manager responded they want to do stage one now, no matter what decision is made regarding stage two. Commissioner Deegan inquired as to whether the Rice Lake restoration had been included in the proposals and Mr. Baker responded that due to a broken water line, all restoration in Rice Lake has been completed. Mike Foley, who lives further downstream, thanked the Commission for visiting the site. He stated everything in the creek flows into Clearwater Harbor. He disagreed on which houses have actually flooded and expressed the opinion that it would be more cost effective to buy all the flooded homes and do nothing with the creek. Mayor Garvey stated she liked alternate two as it is as natural as possible. Commissioner Thomas inquired as to which houses are flooding. Mr. Burke stated the City would be acquiring some properties that do not flood due to encroachments by the lake. Commissioner Thomas expressed concern that the four houses needed the most for the project do not flood and the owners would probably be reluctant to sell requiring condemnation or forcing the City to build a culvert. He stated he preferred alternate two but wanted to clarify the issues. Commissioner Deegan stated anything regarding phase two should be deferred until the watershed plan is developed. He recommended proceeding with stage one as it is the City's responsibility to do something regarding the flooding without delay. Commissioner Deegan moved to accept the recommendation with alternate two as presented. The motion was duly seconded. Commissioner Berfield requested the time frame be shortened if at all possible. The City Manager stated if the proposal is approved tonight, the Commission should authorize him to set up a budget to immediately begin efforts to purchase the four houses at the end of the ditch. Upon the vote being taken, the motion carried unanimously. Mr. Burke was requested to address the sedimentation at the mouth of Stevenson's Creek. He stated that water carries material with it and the process has been accelerated by development. The creek has been dredged once and it is estimated it will cost approximately $4 million to clean it out. He stated the siltation is an aesthetic issue not a hydraulic one and it is not a factor for flooding or drainage. There are areas that can not easily be cleaned and permits would be needed to do the work. One of the issues is the quality of the material that is there. Commissioner Thomas stated a concern that the material might be polluted. Mr. Burke stated if it is polluted, it would be difficult to find a place to put material that is removed. They are continuing efforts to measure water quality and sedimentation and controls can be put in place to keep the situation from getting worse. Mr. Baker stated that 13,000 tons of sediment were removed from the creek in phase one of the project. Commissioner Thomas requested a professional opinion regarding whether or not dredging would prevent flooding of the homes. Mr. Baker stated there was a storm of the century several months ago which caused a surge at high tide and contributed to some of the flooding. The City Manager asked the consultant whether further dredging would prevent flooding of the homes at the mouth of Stevenson's Creek and Mr. Burke responded dredging will not help with the flooding problem. Commissioner Berfield inquired as to whether the creek would flow cleaner and the velocity be sufficient to clear out some of the accumulation at the mouth of the creek. Mr. Burke stated the water level would probably remain the same but would flow cleaner. Karen Heidenreich stated it did not take a 25 year flood to flood the street but merely a 40 minute heavy rain. She has observed as many as 4 cars fall into the creek and the water has been 10 inches deep in her house. She has a list of 74 homes that flood and has seen the water up to the door handles of a car, both those on Barry Street and Hillcrest Avenue and this has been going on since 1987. The sides of the creek are falling in and it has the appearance of an ugly drainage ditch. She stated the quicker the project is done the better and requested the culvert be put in. Commissioner Thomas stated if the real estate issue can not be resolved in six months, he would like to put in the culvert. The City Manager stated it would take at least a year with regard to cash flow and addressing the purchase of the properties and Mayor Garvey agreed that six months would be too short a time frame. Commissioner Thomas stated if the matter was not resolved within one year, he wanted to revisit the issue. Mr. Burke stated the permit and work can go on and they can defer construction of the culvert until the status of the property purchases is determined. The work in Glen Oaks can be done in two stages doing a limited amount until there is a direction as to whether they will put in the culvert or not. It was suggested the City seek permits for alternate one and that way it would be in place if found to be needed. Citizens to be heard re items not on the Agenda Bob Wright complained regarding the change in agenda order which places Citizens to be Heard later in the meeting. He stated citizens have sat through many Commission meetings and long presentations and feels this action discourages citizen input. He requested the agenda format be rethought. He also questioned lack of citizen input on large money items. Joe Evich concurred with Mr. Wright's comments and also expressed concern that a preliminary copy of the budget does not show the sale of the Atrium (Sun Bank) building or mention the new City Hall. He questioned why these items do not show on next year's budget. Steve Saliga stated he would submit a proposal for a veterans memorial and expressed concern that the funds for an eternal flame were lost. He feels that Clearwater and Pinellas County are in need of an identity and establishment of this flame would contribute to this. Brian Morris expressed concern regarding Citizens to be Heard being moved to later in the meeting. He stated citizens pay taxes and have a right to address the Commission. He pointed out that people are discouraged enough speaking in front of a group and that placing Citizens to be Heard so late on the agenda is doing a disservice to the public. Commissioner Berfield acknowledged that applicants take time to have items placed on the agenda and she felt the matter should be addressed. Citizens had suggested to her that Citizens to be Heard be moved. She felt that in most instances Citizens to be Heard would be earlier in the meeting. Clinton Sly passed out a brochure magazine regarding the Pierce 100 renovation. He requested a meeting with the Mayor and staff on the closing of Pierce Street and West Drew as Pierce is an emergency exit for them. There was also concern regarding the parking of a cruise ship closer to the Pierce 100 building. CITY MANAGER REPORTS ITEM #17 - (Cont. from 5/20/93, 6/3/93 & 7/1/93) First Reading Ord. #5387-93 - revisions to Ch. 52 re: tree protection Continued. ITEM #18 - Other Pending Matters a) (Cont. from 7/12/93, PW4) Res. #93-43 - declaring certain property necessary to the construction of the new Clearwater Pass Bridge; authorizing acquisition of such property by condemnation procedures The Clearwater Pass Bridge Planning, Development and Environmental Study (PD&E) identified two parcels of land necessary to the construction of a new bridge. The parcels are a 0.051 acre portion along the western boundary of a .6058 acre vacant tract located at the southeast corner of the intersection of Gulf Boulevard and South Gulfview Boulevard and known as the Standridge property; and a .4157 acre portion along the west boundary of a 2.7137 acre tract located on the east side of Gulf Boulevard at its intersection with Clearwater Pass and known as the Tzekas property. Additionally, a temporary construction easement is also required from each owner. On May 25, 1993, an official offer was made to Mr. Dalip Tzekas for the purchase of the portion of Tzekas property and other considerations identified as necessary to the project. On June 10, 1993, an official offer was made to Mr. James Standridge for the purchase of the portion of Standridge property and other considerations identified as necessary to the project. To date negotiations have not been fruitful and it now becomes necessary to prepare for the possibility of exercising the condemnation authority held by the City. The City has committed to providing the FDOT with deeds and instruments relating to rights-of-way by August 30, 1993. While this date may be extended somewhat, it is necessary to move forward with the condemnation proceedings while continuing to seriously negotiate the purchase of the properties by agreement. The passage of the proposed resolution (#93-43) will authorize the City Attorney's Office to proceed with the condemnation, and obtain a court date for the legal disposition of this matter. Should a negotiated settlement for either of the properties involved take place prior to the court date, the case for that property will be withdrawn. The City Manager stated they are dealing with four separate operations regarding the property needed for the new Clearwater Pass Bridge. There is a reverter clause which needs to be addressed to quiet title. The attorneys for the Tzekases have indicated they want the Standridge property, replacement parking and a driveway, and compensation for land and view of the site to the public. They also want a sign as they feel the property will loose visibility due to the bridge. They also want the City to pay all appraisal costs. The City Manager requested authority to proceed with negotiations with the Tzekas family or redesign the bridge in the existing right-of-way. Commissioner Thomas stated he is totally opposed to condemnation and asked for an estimate of cost to negotiate with the Tzekas family. Staff responded they have no estimate of cost but have spent approximately $10,000. The City Manager stated the cost could exceed $20,000 but should not be more than $35,000. Commissioner Thomas questioned whether there was any way that a time limit could be set in order for staff to determine the City's true costs regarding this property. He indicated a desire to have an answer in four to six weeks as to whether they would be able to have negotiations with the parties and if not, it is his wish to construct the new bridge on the existing right-of-way. He pointed out he requested the amendment to the resolution as he did not want to authorize staff to condemn the property without coming back to the Commission. Commissioner Berfield also expressed concern regarding a letter threatening suit if the bridge is closed. The City Attorney responded there was no doubt they could make a claim but he was not sure how valid that claim would be. Commissioner Thomas stated he had investigated the validity of the proposed suit and read a letter in response to the threat of suit regarding the closing of the bridge. The City Manager reiterated he would not move to condemn property without discussing it with the Commission first. Discussion ensued regarding filing of the petition for condemnation, when the hearing date would be set, and limiting the fees that would be available to the other parties attorneys. In response to Commissioner Thomas' statement that he would not approve the resolution if it allowed the City Manager and City Attorney to start condemnation proceedings, the City Manager stated that without the resolution, they had reached a stale mate in this matter. Commissioner Fitzgerald expressed concern that the other Commissioners might have a different opinion of the direction to take and he felt they should continue as they had planned in an effort to resolve the problem. The Mayor concurred with Commissioner Fitzgerald's position and stated the process should be started and it can be stopped at any time. Commissioner Deegan questioned whether the amendment stopped the process from being started and it was stated it does. The City Attorney responded he was requested to write a motion that would not allow the City Attorney and City Manager to file without coming back to the Commission. Commissioner Deegan then asked what was needed to move forward without going for condemnation. The City Manager stated that without the resolution, they felt there was no purpose in continuing negotiations since the parties are not willing to negotiate without appraisals. He stated if a budget were established with an upper limit, he might be able to proceed to get the appraisals. By doing it through the condemnation procedure, it would establish limits on the costs that could be incurred. He questioned what would happen with regard to DOT if the resolution is not passed. Mr. Baker stated if the City moved forward on the resolution, DOT had indicated a willingness to extend the time frame for obtaining the right-of-way since the City had shown an effort to move forward. Discussion ensued as to whether they could go ahead and pay for some of the costs to determine if they could come to any negotiation but it was pointed out there was concern that some type of document might be needed for DOT. It was pointed out there was a potential for delaying the entire project one year if DOT does not feel the City is moving actively to obtain the needed right-of-way. Staff inquired as to whether the Commission would be willing to call a special meeting if it is discovered that DOT will not accept the resolution with an amendment. Commissioner Thomas moved that a budget of $35,000 be established for negotiations with the Tzekas family, to provide for expert testimony, appraisals and all other aspects of determining the value of the property in question. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to amend Resolution #93-43 on page 3, add a new Section 5 to read as follows (and renumber the existing Section 5): Notwithstanding the foregoing, the City Attorney shall not file a petition in eminent domain against the properties identified in this resolution without first obtaining the express authorization of the City Commission. 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. The City Attorney presented Resolution #93-43 as amended and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-43 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Deegan, Thomas and Garvey. "Nays": Fitzgerald. Motion carried. b) (Cont. from 7/12/93, CM1) Hammer-Siler-George Associates proposal for convention center feasibility The City Manager stated Hammer-Siler-George had declined to do the study for $10,000. He stated he requested three prices, two of which came in and one did not. Commissioner Thomas stated he had a proposal for $9,500 and he inquired regarding authorization for the City Manager to go ahead with the lowest bid. Mayor Garvey expressed concern that they could not proceed with this phase without making a decision regarding the other two floors. Commissioner Thomas moved to authorize the City Manager to move ahead with the lowest bid. The motion was duly seconded. Commissioner Fitzgerald stated he did not feel confident with the bid until he knew what the bidders were looking at. Commissioner Deegan felt the information received would be useful and he felt they should move forward. Commissioner Fitzgerald stated he was startled when he received the bid from Commissioner Thomas. He was concerned the proposal was addressed to a Commissioner at an address other than the City's. He felt it was important that there be one central point of contact and was concerned that if two individuals were putting forth a proposal, they might not be identical. He expressed a feeling that the RFP process should be out of the political arena and felt it was inappropriate for it to come about in the manner in which it did. Mayor Garvey expressed agreement with Commissioner Fitzgerald's opinion. Commissioner Thomas stated he did not want a formal RFP and felt the Commission has discussed his moving forward with the expert and getting with the City Manager to obtain three independent quotes. He felt the matter was handled in the Sunshine and was done in a manner to try and expedite the process. Commissioner Fitzgerald stated he would like to institute a policy where it not be handled this way again and there be a sole point of contact. The City Manager stated it was his thought that he was to contact three firms. Mayor Garvey stated she felt they should go for a RFP. Discussion ensued regarding how many bids they had and if they were under $10,000. The code was researched and it was determined that if it was under $10,000, it would not be necessary to go for a RFP. It was stated the City had three quotes, two for approximately $20,000 and one for $9,500. It was determined a contract could be awarded. Upon the vote being taken; Commissioners Berfield, Deegan and Thomas voted "Aye", Commissioner Fitzgerald and Mayor Garvey voted "Nay". Motion carried. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #19 - Ord. #5434-93 - relating to appointive boards and committees; amending Secs. 2.063, 2.064 & 2.068 to require that members be residents of the City except for the Community Relations Board; prohibiting city employees from membership Continued. ITEM #20 - Other City Attorney Items a) (Cont. from 7/12/93, OCA1) Pick Kwik Food Stores v. City The City Attorney stated the Commission requested time to think about this matter to determine if an outside attorney should be hired to handle this suit. Commissioner Thomas stated he desired to hire outside counsel to give an opinion and then have a private closed meeting. He expressed a desire to have the City Manager find the best qualified individual regardless of cost. Commissioner Deegan inquired as to whether this same type of discussion could be held with one of the assistant city attorneys. Commissioner Deegan recommended they meet with Miles Lance prior to going outside. The City Attorney stated he had spoken with the attorney for the opposition and he felt the City could get a continuance on the hearing and this matter might be settled out of court. The City Attorney announced he desired a closed attorney/client meeting with the Commission to discuss this case. Mayor Garvey announced there would a closed session meeting at 9:00 a.m. on August 2, 1993. ITEM #21 - City Manager Verbal Reports a) Discussion re: vagrancy report - Continued. ITEM #22 - Other Commission Action - None. ITEM #23 - Adjournment The meeting adjourned at 12:45 a.m. (7/16/93)