On the agenda

1. 1Call to Order – Roll Call▶ 0:00
2. 2

   Pledge of Allegiance

   Pledge of Allegiance and moment of silence.

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   [00:00:00] Are you going to please stand for the pledge of a moment of silence? [00:00:07] I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

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3. 3

   Moment of Silence

   Council observed a moment of silence and recited the Pledge of Allegiance.

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   [00:00:00] Are you going to please stand for the pledge of a moment of silence? [00:00:07] I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

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4. 4

   Approval of May 2, 2023 and May 16, 2023 Regular Meeting Minutes

   approved

   Council approved the minutes from the May 2, 2023 and May 16, 2023 regular meetings.

   • motion:Approve the minutes of the May 2, 2023 and May 16, 2023 regular meetings. (passed)

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   [00:00:48] Approval for the May 2nd and May 16th meetings, please. [00:00:51] Move for approval. [00:00:52] Second. [00:00:53] All in favor? [00:00:54] Aye. [00:00:55] Aye. [00:00:56] Those opposed? [00:00:57] Carries.

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5. 5

   Proclamation - Juneteenth Freedom Day

   approved

   Mayor Chopper Davis read a proclamation declaring June 19, 2023 as Juneteenth Freedom Day in the City of New Port Richey, presented to Eugene Scott on behalf of the African American Club of Pasco. Valerie described the upcoming Juneteenth family event on June 17 at the historic Booker T. Washington School.

   • direction:Mayor proclaimed June 19, 2023 as Juneteenth Freedom Day in the City of New Port Richey. (passed)

   📍6105 Pine Hill Drive, Port Ritchie🏢African American Club of Pasco🏢Booker T. Washington School🏢PHSC👤Chief Kim👤Chopper Davis👤Driscoll👤Eugene Scott👤Valerie#Emancipation Proclamation#Juneteenth Freedom Day#Juneteenth family event June 17

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   [00:00:58] Proclamation for Juneteenth, Freedom Day. [00:01:03] Proclamation. [00:01:04] Okay. [00:01:05] Okay. [00:01:11] Mr. Eugene Scott is present to accept the proclamation on behalf of the African American Club. [00:01:20] Come on, y'all. [00:01:30] One person stay back and take pictures. [00:01:41] Hey, it's mine. [00:01:42] They're part of my entourage, too. [00:01:44] Yeah, just don't stand behind me. [00:01:51] Mr. Driscoll, please. [00:01:52] You ready? [00:01:53] Yes. [00:01:54] Whereas Juneteenth, also known as Freedom Day, commemorates the June 19, 1865 announcement [00:01:59] of the abolition of slavery in Galveston, Texas, and whereas although the Emancipation [00:02:05] Proclamation was signed by President Abraham Lincoln on January 1, 1863, it would take [00:02:10] more than two years before the total emancipation of those enslaved was announced and accepted. [00:02:16] Celebrations then broke out among the newly freed, and Juneteenth was born. [00:02:21] And whereas from the days where blacks were mistreated and segregated to Pine Hill, where [00:02:25] they attended the historic Booker T. Washington School and labored in the Arapica sawmills [00:02:30] helping to build the infrastructure for New Port Richey in the 1920s, the city of New Port Richey strives for a more perfect union and acknowledges our city's equality, inclusion, [00:02:40] and growth, and whereas the African American Club of Pasco was founded with the mission [00:02:45] to promote an environment that focuses on cultural, social, ethical, educational, and [00:02:50] creative interests while seeking ways to give back to the Pasco County community through [00:02:54] volunteer work and providing positive adult role models for our youth through membership [00:02:59] and business community sponsored programs and events, and whereas the African American [00:03:04] Club of Pasco has provided cultural programs including Juneteenth celebrations for over [00:03:09] 20 years and will continue to celebrate Juneteenth this year at the historic Booker T. [00:03:14] Washington School by hosting a Juneteenth family event on Saturday, June 17, from noon [00:03:22] until 5 p.m. Now therefore, I, Chopper Davis, Mayor of the City of New Port Richey, do hereby [00:03:27] proclaim June 19, 2023 as Juneteenth Freedom Day in the City of New Port Richey and urge [00:03:35] all citizens to commit themselves to the continued pursuit of justice and equality as we celebrate [00:03:41] Juneteenth and the promise of freedom to all citizens on this day. [00:03:45] Just a little note that this group here has accepted me in the African American Club too, [00:04:01] and so I'm just real proud to be part of it, but I'd like you to tell us a little bit what's [00:04:04] going to go on on Saturday, you know, for the public to see. There's people at home [00:04:07] that are watching also. [00:04:09] Okay. First of all, I just want to say thank you to the City of New Port Richey for being an [00:04:14] all-inclusive city, for supporting the African American Club for over 30 years and partnering [00:04:20] with us with, you know, all of our endeavors, so we really appreciate you. [00:04:24] So I'm going to turn the Juneteenth over to Valerie. Valerie is hosting the Juneteenth this year. [00:04:35] Come on up Valerie. [00:04:37] She's sharing it. [00:04:38] You have to get up here by the mic and tell us what's going on. [00:04:40] There's people at home listening too. [00:04:42] Okay. Okay. Great. Thank you. What a great opportunity. I've lived in Pasco County for many, [00:04:47] many, many years, and I'll tell you what, this is really sure fact that you all support the [00:04:53] community and that you provide support for those in the community, so we truly appreciate the [00:04:59] opportunity to come out before you. It's a family-filled event, food trucks, children's area, [00:05:05] just a lot of fun. Vendors from everywhere, from PHSC all the way down. Entertainment. [00:05:11] We have a New York Fashion Week designer. We have a couple of local area bands. [00:05:16] I mean, it's just going to be a lot of fun. [00:05:18] I believe last year we had Chief Kim come out and dance in some of our line dances, [00:05:24] so we invite all of you to come, bring your families and participate because we truly do have a good time, [00:05:29] and we truly want to make sure that you know that we're representing New Port Richey wherever we go. [00:05:34] Where are we going to park? [00:05:36] You're going to park on the grounds. There will be parking attendants there. [00:05:39] What's all this stuff going on here? [00:05:41] Really, we've been talking about having outgrown the spot and maybe needing to move to a park or someplace, [00:05:47] but for this year, come find us at 6105 Pine Hill Drive, New Port Richey. [00:05:53] We'll be glad to have you all. [00:05:56] Thank you.

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6. 6Vox Pop for Items Not Listed on the Agenda or Listed on Consent Agenda▶ 6:26
7. 7.a

   Purchases/Payments for City Council Approval

   approvedon consent

   The consent agenda item for purchases/payments was moved for approval and passed unanimously on a voice vote without discussion.

   • motion:Motion to approve the consent agenda (purchases/payments for City Council approval). (passed)

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   [00:10:56] Seeing no one else, we'll move on. [00:10:58] The consent agenda. [00:11:00] Move for approval. [00:11:04] Comments? [00:11:06] Move for approval. [00:11:08] All those in favor? [00:11:10] Aye. [00:11:11] Those opposed? [00:11:13] Okay.

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8. 8.a

   Second Reading, Ordinance No. 2023-2279: Rezoning of +/-3.67 Acres on 5105 US Highway 19

   approved

   Council held the second reading of Ordinance 2023-2279, rezoning approximately 3.67 acres at 5105 US Highway 19 from Highway Commercial (HC) to Planned Development District (PDD) with residential and commercial subcategories. After a public comment raising concerns about displacement and gentrification tied to city redevelopment projects, the council approved the rezoning 5-0.

   Ord. Ordinance No. 2023-2279

   • vote:Approve second reading of Ordinance 2023-2279 rezoning ~3.67 acres at 5105 US Highway 19 from HC to PDD. (passed)5–0

   📍5105 US Highway 19📍Parcel ID 082616006A002000010🏢Citizens Academy🏢Kaiser🏢Magnuson Hotel🏢Walgreens👤Ms. Mance👤Terry Snow#Hacienda redevelopment#Ordinance 2023-2279#gentrification policy directive#third-party FOIA management software

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   [00:11:18] Public reading of ordinance. [00:11:20] This is the second reading of ordinance 2023-279. [00:11:24] It's a rezoning of 3.69 acres, or 7 acres at 5105 U.S. Highway 19. [00:11:32] This is ordinance number 2023-2779, an ordinance of the City of New Port Richey, Florida, [00:11:37] providing for amendment of the Land Development Code Zoning District Map, [00:11:40] providing for rezoning of approximately 3.67 acres of property, [00:11:44] generally located at 5015 U.S. Highway 19, [00:11:47] having parcel identification number 082616006A002000010, [00:11:55] as shown on the survey attached here to Exhibit A and legally described herein, [00:12:00] providing for amendment of the zoning district designation for said property [00:12:03] from H.C. Highway Commercial District to P.D.D. [00:12:06] Planned Development District Residential and Commercial Planned District subcategories [00:12:11] with development standards providing for complex severability and an effective date. [00:12:16] All right. [00:12:17] Do we have any public comment on that? [00:12:26] Council, I want to use this forum to share with you Terry Snow's story. [00:12:30] She was one of the New Port Richey residents staying at the Magnuson Hotel. [00:12:33] After her husband suffered a medical emergency, Terry became the sole provider for her family. [00:12:37] And when she was forced to leave her home due to the city's project, [00:12:40] her community of support did not move with her. [00:12:43] She now has to commute almost 25 miles back to the city routinely to have her health care needs met. [00:12:49] Terry does not abuse drugs. [00:12:51] She doesn't commit crimes. [00:12:53] She didn't fail to pay rent. [00:12:55] In many ways, Terry's predicament mirrors some of ours. [00:12:58] No matter how diligently we work, many of us are just one car breakdown, one mispayment, [00:13:03] one city project away from losing everything. [00:13:06] I want to be clear. [00:13:07] The need for redevelopment is without question. [00:13:10] No one is suggesting that this initiative should not go forward. [00:13:13] What is being said is our city's march toward progress cannot trample on our most vulnerable residents. [00:13:21] We can breathe life into our neighborhoods while ensuring our residents, [00:13:24] people like Terry Snow, aren't blown away. [00:13:27] We can do both, council members. [00:13:29] And I'll tell you what. [00:13:30] The community agrees with this. [00:13:32] Ms. Mance, when you presented this project to the Citizens Academy on February 8th of this year, [00:13:37] do you remember the first question you got asked? [00:13:40] I'll tell you. [00:13:41] The first question the city manager was asked was about whether residents would be displaced. [00:13:45] You see, in that room full of some of the most talented and active members of our community, [00:13:50] worries of gentrification were top of mind. [00:13:53] Our city manager made a vow then on that day. [00:13:56] She said that she made a promise that nonprofits would step up to assist where the city couldn't. [00:14:01] Yet when it comes to people like Terry Snow, that promise seems to just have disappeared. [00:14:07] Council members, it is one thing to develop the decades-dormant Hacienda. [00:14:11] It is one thing to tear down and abandon Walgreens and replace it with Kaiser. [00:14:15] Both were great projects, and my hat is off to the city for that, really, truly. [00:14:19] But those buildings didn't have tenants. [00:14:21] These projects before you today are different. [00:14:24] This isn't about scissor cuttings or shovels breaking ground. [00:14:27] This is about people. [00:14:29] The fact is, people's lives were upended, people were displaced, [00:14:33] and that is, by all definitions, gentrification. [00:14:37] And so I am renewing the call I have made to this council time and time before. [00:14:42] Consider a motion directing the office of the city manager to lay out publicly accessible written directives [00:14:49] to confront the challenges of gentrification, homelessness, and addiction [00:14:53] that many of our community care about. [00:14:55] And consider a motion directing the city manager to explore quotes and financial [00:15:00] quotes to make a recommendation on a third-party FOIA management software. These are not extreme [00:15:05] calls to action. These are proven instruments for providing accountability and discerning [00:15:10] truth. And for any of you on the dais or listening behind me or watching at home, if you still [00:15:16] question the importance of this play, I understand you're doing your due diligence. I understand [00:15:21] that. So in your personal research, I invite you to try to find the answer to this question. [00:15:25] Why is Terry Snow no longer a resident in our community? And perhaps more importantly, [00:15:29] how do we get her back? Thank you. Anybody else? All right, I'll entertain a move for [00:15:39] approval. I move we approve. Second. Any other comments? Yes, I do. I think that I only can [00:15:50] say that part of the comments that were made and the issue that the city has to take on [00:15:56] on that global issue is a larger issue. This property doesn't belong to the city. But [00:16:02] on the same token, I appreciate your comments. Thank you, sir. But as you've said, we need [00:16:09] to move our projects forward. But thank you for your comments. Anyone else? We have approval. [00:16:21] We have a second. Anything else? Let's vote on it then. All those in favor? Aye. Those [00:16:26] opposed? Carries five zip. All right, moving on to the board appointed items. Rob Marlowe

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9. 9.a

   Board Appointment: Rob Marlowe, Environmental Committee

   approved

   Council appointed former mayor Rob Marlowe to the Environmental Committee. A public commenter spoke in support, praising Marlowe's long service and noting the committee's strength alongside members Del and Tom O'Neill.

   • motion:Approve appointment of Rob Marlowe to the Environmental Committee. (passed)5–0

   👤Carolyn Marlowe👤Del👤Judy👤Rob Marlowe👤Tom O'Neill#Environmental Committee

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   [00:16:33] for Economic Environment, excuse me, Environmental Committee. I move we approve. Second. We didn't [00:16:43] need really a preview because we know the man. Public comment, please. I actually bumped [00:17:00] into the former mayor yesterday and he asked me to just say a few words on his behalf and [00:17:05] I offered to and he was more than willing. Rob Marlowe has been an ally of Homeroom for [00:17:11] a very long time, longer than I've been alive. At my invitation, he took the time a few years [00:17:16] ago to speak to a class of high school students about the importance of the talented and patient [00:17:21] work that you fulfill on a daily basis in this level of government. Now, I want to footnote [00:17:26] that statement. When I talk about patience, I'm really talking about Judy. I know you [00:17:31] wear a lot of hats in the city and you do it with so much grace and patience, one of [00:17:36] which was, of course, working with Rob on some of the initiatives for Homeroom awareness. [00:17:41] I equally appreciate your commitment for making the government closest to the people work [00:17:45] for the people. I'll share with you what I told Rob yesterday. I think Del and Rob and [00:17:51] Tom O'Neill are going to be a powerful force to be reckoned with on the Environmental Committee. [00:17:55] The only question I had for Rob was if electric police cruisers ranked higher on his priority [00:18:00] list than climate change. I would definitely consider that this council seriously investigate [00:18:05] whether or not that ranking is in the line. In all seriousness, I owe a lot of my early [00:18:10] passion for people and public spaces and the role that local government plays in all [00:18:14] of it to the former mayor and his openness to having the toughest of conversations with [00:18:18] me. I am very excited to see the Marlowe's, Carolyn, and him both continuing their service [00:18:23] to this community. We are truly indebted to them. Thank you. [00:18:28] Anybody else would like to speak? I'll bring it back and move for approval. We have a second [00:18:35] to write a motion. Second. All right. Anything else we'd like to say? No, we're looking forward [00:18:43] to him staying around. That's what I'm saying. Yeah. So all those in favor? Aye. Aye. Those [00:18:48] opposed? Carries five zero. All right. First amendment to interlocal agreement with Pasco

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10. 9.b

    First Amendment to Interlocal Agmt. w/Pasco County RE: Grand Blvd. Bridge Replacement Project

    approved

    Council approved the First Amendment to the Interlocal Agreement with Pasco County for the Grand Boulevard Bridge Replacement Project, increasing the city's share of design costs by $54,542 above the original $100,000 estimate. The added cost covers city-requested design elements: raising the bridge five feet to match the Main Street bridge elevation and incorporating features to accommodate the planned multi-use path/bike trail.

    • motion:Move to approve the First Amendment to the Interlocal Agreement with Pasco County for the Grand Boulevard Bridge Replacement Project. (passed)5–0

    📍Grand Boulevard Bridge📍Tidal Wave Drive📍old Clyde Hobby Building🏢Pasco County👤Robert Rivera#Grand Boulevard Bridge Replacement Project#Grand Boulevard multi-use path#Main Street bridge

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    [00:18:56] County having to do with the Grand Boulevard Bridge. Yes, it has to do with the Grand Boulevard [00:19:01] replacement project. And as you will recall, the city entered into an interlocal agreement [00:19:11] with Pasco County related to the bridge project based in large part on a desire on the city's [00:19:20] part to raise the bridge and by five feet in elevation. And at the time that the bridge [00:19:31] and that we entered into the agreement, the original estimate for design costs were $100,000. [00:19:40] It though has been a span of time with Pasco County securing the services of a design firm [00:19:47] to plan the specifications and bid documents for the project, result of which the fee is [00:20:04] higher than what was originally indicated. And the new fee for the project is $54,542 [00:20:12] higher than what was originally proposed. Mr. Rivera has worked with the county very [00:20:25] closely on this project and we are recommending that you approve the amendment to the interlocal [00:20:32] agreement. And if you have any questions about the project, Robert is prepared to respond. [00:20:39] All right, does anybody in the public like to comment on the bridge? Seeing no one come [00:20:45] forward, we'll bring it back. Move for approval. Second. Any other comments you'd like? Yeah, [00:20:50] I got a couple of questions. Just, you know, this changed a little bit. Robert, maybe you [00:20:55] can shed some light on this. You know, I know the design of that bridge is all-encompassing. [00:21:01] The county had to have design and we asked to have some additional design to meet our [00:21:07] needs. And so on the original estimate, was that a percentage of the design cost? How [00:21:13] was that established at $100,000 and did the entire design of the project go up 50%? I'm [00:21:21] just, you know, I'm just, you know, a little bit of drag and feed here costs us a little [00:21:27] bit of money. No, what we ended up doing was we took out all the design elements and that's [00:21:34] what we agreed to pay for when it came to the elevation of the bridge. So what percentage [00:21:40] of the specific items that we were paying for design? Correct. We requested two things [00:21:45] from the county. We requested that they elevate the bridge to basically the same height as [00:21:50] the main street bridge is now. And then we also requested that we be able to incorporate [00:21:56] some design elements to the top side of the bridge that would correlate with our proposed [00:22:02] multi-use path that we're in the process of designing, I believe, next year is when [00:22:07] we'll begin that. And so those items are the ones that the county said, okay, well if you [00:22:13] want that, that's fine, but you're going to have to pay for that. And so we were able [00:22:18] to itemize those elements. They were just going to go ahead and replace the bridge with [00:22:24] a similar structure at the existing height and, of course, that's not what we wanted. [00:22:30] Mayor? Yes, sir. The question I have is one that certainly has to interface with the bike [00:22:37] trail, the bike path, and the sort of grand design for Grand Boulevard. So as we see that [00:22:43] trail coming through and we have the new elevations, I'm guessing that some of what is happening [00:22:50] is design sensitive to our new travel pattern or space for bike trail as well. You're talking [00:23:00] about our re-striping that we just completed? No, no, I'm talking about the bridge. The [00:23:04] bridge is going to have to carry that bike trail across. And so consequently, I want [00:23:10] to make sure if we're paying extra money that we are incorporating our needs and design. [00:23:16] So you referenced that it was just elevating the bridge, but elevating the bridge brings [00:23:21] a whole lot of other costs probably on us that we'll find out about, whether it be the [00:23:27] old Clyde Hobby Building next to it or access to that tidal wave drive or other elements [00:23:38] that are involved in it. So I just want to make sure that we are still influencing, because [00:23:45] we have skin in the game, that we're still influencing the final design and look of the [00:23:50] bridge as well as just the fact that we've raised it up. Correct, and those multi-use [00:23:57] path elements that we're proposing, we've discussed with the county and they'll be included. [00:24:02] Thank you for asking. Anybody else? All right, a move for approval then with Bodie. All those [00:24:11] in favor? Aye. Those opposed? Carries 5-0. Moving on, consider a disposal of surplus

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11. 9.c

    ↳You arrived here from a search for “Kelley Blue Book minimum bid policy” — transcript expanded below

    Consideration of Disposal of Surplus Property for Auction

    approved

    Council authorized the disposal of 15 surplus vehicles and equipment for auction through Public Group, LLC, which receives 7% of sale proceeds. Minimum bids are set per Kelley Blue Book values by the public works department.

    • motion:Move to approve authorization to sell 15 surplus vehicles and equipment via Public Group, LLC auction. (passed)5–0

    🏢Public Group, LLC#Fleet Maintenance surplus list#Kelley Blue Book minimum bid policy#Surplus Property Auction

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    [00:24:20] property for auction. The matter before you is to request authority to sell surplus equipment [00:24:29] through the public group, LLC, for auction. And this is a practice that we have put in [00:24:41] force and used for a number of years now. And the city collects the funds associated [00:24:49] with the purchase of any of the equipment or vehicles and distributes 7% of the total [00:24:58] to the public group as a result of their efforts in finding a purchaser for those items. The [00:25:13] minimum purchase price, you should know, is established by our public works department [00:25:23] and they don't establish the minimum bid any lower than what is recommended by Kelley Blue [00:25:30] Books. And in fact, I should additionally report that most of the vehicles that we put [00:25:40] out to bid actually received higher than what our minimum price was. So we think it's [00:25:48] to your advantage, to the city's advantage, and so we're recommending that you authorize [00:25:55] the list, which is attached to your memorandum, from the fleet maintenance supervisor, which [00:26:04] identifies the 15 vehicles and equipment that we'd like to declare a surplus. [00:26:08] Is there any public comment? Seeing no one come forward, bring it back. Move for approval? [00:26:17] I'll move for approval. Second. Any other comments? Looking forward to some money to [00:26:25] spend as we get near the end of the year. All right, all those in favor? Aye. Those opposed? [00:26:31] Carries five zip. All right, also the activity of pool resurfacing bid award. This is a project [00:26:43] that has warranted some work for almost a year now and the project has been put out to competitive [00:26:55] bid twice. This is the second time that the bid was let and our recommendation at this [00:27:05] point is to contract with Awe Miller Pools in an amount not to exceed $177,500. That

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12. 9.d

    ITB23-016 Activity Pool Resurfacing Bid Award

    approved

    Council awarded a contract to Awe Miller Pools for resurfacing the activity pool in an amount not to exceed $177,500 (including $30,000 contingency), which is $77,500 over the original budget. Council also approved a budget amendment using American Rescue Plan Act funds to cover the overage. The motion passed 5-0.

    • motion:Motion to approve the ITB23-016 Activity Pool Resurfacing contract with Awe Miller Pools not to exceed $177,500 and a corresponding $77,500 budget amendment from ARPA funds. (passed)5–0

    🏢Awe Miller Pools👤Farrell👤Mayor Davis#American Rescue Plan Act (ARPA) funds#Capital Improvement Plan#ITB23-016#Liberty Caucus pledge#Railroad Square project

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    [00:27:16] amount is $77,500 higher than what we budgeted for the project. We have determined, though, [00:27:27] based on the current market, that the fee being requested for the work is appropriate [00:27:37] and the scope of the project to resurface the pool becomes, erodes further the more [00:27:45] time that we wait to tend to the repair work. We have included $30,000 in the $177,500 figure [00:27:58] that we're requesting permission not to exceed to be used as contingency in the event that [00:28:04] we find any conditions that warrant more work than what was originally specified. The second [00:28:16] part of this agenda item is that we need, if you approve the work and a contract with Awe Miller [00:28:25] Pools, is a budget amendment in the amount of $77,500 and you will recall when we established [00:28:36] a budget for the American Rescue Plan Act funds, we recognized at that time that construction [00:28:44] prices were much higher than what the norm would be and we did appropriate funding for contracts [00:28:54] like this that came in under budget and it was for work that needs to be tended to. So, we're [00:29:00] asking you to approve the additional $77,500 from American Rescue Plan Act funds. [00:29:09] Any public comment? [00:29:16] I wasn't planning on doing public comment for this one, but I just wanted to point your [00:29:21] attention over here to that seat that's sitting vacant and that's the $77,500 right there. [00:29:29] We don't have a department head for the Parks and Rec Department, they've left the term... [00:29:34] Could you please stay on topic, please, sir? [00:29:36] This is on topic. [00:29:37] No, you're talking about a place... [00:29:38] So, the Parks and Rec Director handles the Capital Improvement Plan, so this is on topic. [00:29:43] Stay on topic, please. [00:29:44] Thank you, I appreciate it. So, we don't have a department head to lead the Capital Improvement [00:29:50] Project for resurfacing. There were conversations about needing to resurface all the pools and [00:29:54] why not do it all together if that was necessary. There was motor pumps that broke and so my [00:29:59] question... [00:30:00] to the City Council, or my urge, is that I ask this City Council to direct the [00:30:05] city leadership to clarify how the public will be of how to clarify to the [00:30:10] public how this will affect the Railroad Square project. I know there was a [00:30:14] mention of it being under budget and so is that the full 77-5 or is that a [00:30:20] portion of it? What portion is being cut or rolled over? If there could be a more [00:30:25] comprehensive review maybe in document form or public records requests or [00:30:30] disseminated to the public as to how this is being budgeted because at the [00:30:33] end of the day, like what was said, this is American Rescue Funds, this is [00:30:38] federal government money and Mayor Davis, you ran and signed a Liberty Caucus [00:30:43] pledge to not expand government, yet here you are about to consider a motion to [00:30:51] basically take federal government and use it for something that intensely was [00:30:55] being put somewhere else. Thank you. Anybody else like to speak? We can bring [00:31:01] it back, move for approval. I'll make the motion to approve. Second. Any other [00:31:09] comments? Yes, the maker got the opportunity to recognize that the [00:31:19] American Rescue Act, which has been brought up, was intended to improve the [00:31:25] economy during and post COVID and all the after effects and the economic [00:31:31] hardship that has been from it. A good bit of it was applied internally in the [00:31:37] city, but I would just like us all to sort of continue to think in terms of [00:31:43] our role that not only does the city have to look internally to its [00:31:47] facilities, which is why I'm moving to approve, we have to make these [00:31:53] improvements, but it also needs to look externally to how we are providing [00:31:58] support and relief to our residents. So it is true, it is very appropriate for me [00:32:04] to say that I will continue to hope that the use of the pool is opened up to [00:32:11] residents in a way where we don't have to keep thinking about recreation as a [00:32:17] profit-making enterprise. It doesn't make money, we spend money on it, our [00:32:22] residents who do buy their annual memberships, I'll bet if you took a poll [00:32:29] they're not getting the full benefit of those, just like they wouldn't if they [00:32:33] bought on New Year's Eve a commitment to stop eating snacks and start [00:32:38] recreating. So I'm all for making the improvements. I really want to see the [00:32:46] residents of our city see the benefit of the of the facilities and so you know [00:32:53] I'd be into if we had rescue money to buy memberships for them until we can [00:32:58] figure out how. It was commented that we had a scholarship and the [00:33:04] report was that there was one or two people that were getting the [00:33:07] scholarship. We're a city of over 16-17 thousand people and I've talked to a [00:33:13] number of people, average residents not on any mission, who said hey I'd go to [00:33:19] the pool if all you know and I'm still suggesting that someone can pay to go [00:33:25] to the pool, pay a dollar, pay two dollars, pay something, but I really think we [00:33:29] should look at our model where we're spending all our time and effort trying [00:33:34] to entice non-city residents to come in and when we have city residents who pay [00:33:41] dearly including the cost of repairs and maintenance. So I'm for the [00:33:47] improvements. I think we could do more to make sure that it gets its use by our [00:33:53] city residents. [00:33:57] Yeah so I well two things that you know comment I understand we're saying [00:34:05] councilman I just if you know we open that up then we have folks who [00:34:14] obviously we we have a lot of we have taxpayers money going to to support that [00:34:19] facility already so they're paying already and so if we didn't charge a fee [00:34:24] for those who utilize it then the ones who don't utilize it they'd start to pay [00:34:28] more taxes to go associated with that so I agree that we could look at and maybe [00:34:34] find something better model but you know I think they're and the folks that I [00:34:41] talked to that utilize and pay the fee they think it's a bargain and and I [00:34:46] think it is as well. Getting back to the point at being is that we only [00:34:52] received the two beds you know I you know and I understand that's all we get [00:35:00] it that's just troublesome to see you know and I you know a little better but [00:35:03] a little better was 50% lower than the next next better the only other better [00:35:08] so and I guess construction so forth there wasn't a lot of folks interested [00:35:15] but it's only as long as we got good specs on what they do and keep a good [00:35:24] eye on them that's that's all you know concerned about hopefully we don't have [00:35:27] to get too far in that $30,000 contingency fee but anyway can I get it [00:35:35] done right mr. councilman there is a huge disparity between the two beds but [00:35:40] we have interviewed the contractor and verified his methods and materials for [00:35:49] use in the period for use in the implementation of the project and he his [00:35:55] their work is completely consistent with what we're calling for anybody else no I [00:36:03] agree we should kind of take a look at trying to reduce memberships or give [00:36:08] some of our residents who can't afford memberships an opportunity I know that [00:36:12] the Farrell's have heard some free summer memberships to two residents as [00:36:17] well and I have seen that and shared that with with a few that that we're in [00:36:21] need I actually have a single mom with four kids that I was able to get her a [00:36:26] scholarship through the Farrell's for that so but I think that we do need to [00:36:30] look at some opportunities for that I just want to know when when we would be [00:36:35] doing this project well we're behind right now we were planning on doing it [00:36:40] before we got into the season so we're going to talk with the contractor and [00:36:45] try to incorporate it to where we have the least amount of disruption as we [00:36:49] possibly because I was thinking we've got a lot of kids coming this summer and [00:36:52] just started coming so that's what I was concerned about all right as long as we [00:36:56] don't try to work that in there and they're willing to work with us on that [00:36:58] I guess all right and then we'll go ahead and vote those in favor aye those [00:37:03] opposed those five zip all right on the other the next item is the request for

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13. 9.e

    Request for Direction Regarding Murals

    approved

    Council discussed a mural painted without prior approval on the western wall of 5404 Main Street that reads 'Welcome to New Port Richey,' which exceeds the city's 2% text limit in the mural ordinance. Rather than amend the ordinance, council moved to have the city attorney negotiate a license agreement with the property owner so the mural can remain as a city welcome sign, with intent to revisit the mural ordinance later in a workshop.

    • motion:Direct the city attorney and city manager to negotiate a license agreement with the owner of 5404 Main Street to license the wall as a city welcome sign so the mural may remain, and revisit the mural ordinance later. (passed)

    📍5404 Main Street📍5939 Grand Boulevard🏢Cultural Affairs Committee🏢Main Street Design Committee👤Bartell👤Bob Smallwood👤Debbie Manns👤Frank Starkey👤Leah👤Mike👤Nicholas Patron Taney👤Rich Melton#Bourbon on Main silent film stars mural removal#City mural ordinance (2% text rule)#City of St. Petersburg arts commission model#Public Arts Program ordinance (2006)

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    [00:37:10] direct direct direction on murals Debbie there yes sir [00:37:16] mr. mayor there was a mural as you're aware that was constructed on the [00:37:21] western wall of the property located at 5404 Main Street the mural incorporates [00:37:28] the words welcome to New Port Richey as well as images as part of the [00:37:37] presentation the applicant Nicholas Patron Taney didn't request permission [00:37:49] to establish the mural in advance of painting the mural yeah they would have [00:37:57] they would have been told that the design isn't consistent with the [00:38:04] standards set forth in the city's mural ordinance which includes provisions for [00:38:12] reviewing applications the location the subject matter etc of the mural and the [00:38:23] mural is very well done and it seems to have great appeal to those who have [00:38:32] seen it and it has gone through the process to the Main Street Design [00:38:39] Committee whose role is to review and make a recommendation to you they have [00:38:45] recommended in favor of the mural without deference to the fact that it is [00:38:50] not in compliance with the city ordinance so from from the city's [00:38:57] perspective there are two things you need to do I want you to think about do [00:39:03] you want to change the ordinance and allow a larger representation of text [00:39:08] and a mural or is it important to retain the 2% dedication of text as it's [00:39:18] outlined in the city's code of ordinances and the the recommendation [00:39:27] from from me is we should not exceed the 2% rule for text and a mural it's [00:39:38] contrary to the legislative intent of our ordinance but there is some [00:39:47] opportunity available because as a result of the fact that the location of [00:39:57] the welcome to New Port Richey sign is at a good place in the city to welcome [00:40:03] visitors to the city it also includes some graphics which are consistent with [00:40:13] the code including nature and historic relevance to the city and so there was [00:40:22] a third option presented which the city attorney came up with and I'd like him [00:40:32] to explain another option that you have if it is of interest to you to retain [00:40:40] the mural so another way that you can approach this I agree with the city [00:40:45] manager you probably shouldn't change your ordinance because you don't want [00:40:50] these to turn into message boards and have a situation where you can't control [00:40:55] the messages that are put on these murals and that's why you have the [00:40:59] restriction on the size but as it occurred to me I was looking at this and [00:41:04] if it's something that you do like I think a solution would be to have the [00:41:09] owner of the building license the wall to the city for a sign to welcome people [00:41:15] to the city of New Port Richey because of its unusual location and if you [00:41:21] like the sign you can approve that through this licensing agreement which [00:41:26] would require the owner to remove it if the license agreement is terminated it [00:41:31] would be an agreement that would be terminable by either party at any time [00:41:34] so you could terminate at any time it would be his obligation to maintain it [00:41:39] so if that's something that you would like to pursue I can draft something up [00:41:43] and we can meet with the owner the city manager and I can meet with the owner [00:41:46] and see if they're willing to engage in something like that so that you could [00:41:49] keep the sign as a sign for the city all right um we have any comments from the [00:41:56] public good evening Rich Melton cultural chair I just want to revisit [00:42:15] some of this you know our cultural committee had worked tirelessly in many [00:42:19] many sessions to redraft this agreement which is horrible by the way city [00:42:24] attorney I hate that tell you that it's it's a complete failure it needs to be [00:42:30] written so that these kinds of things are welcomed in our city and should show [00:42:37] serious distinct pride that we all have from these excuse me I think it's [00:42:49] important for us to show a diverse community and we we have a lot of work [00:42:55] to do to continue this diversity and I encourage all of you to do I'll let you [00:43:06] go first because you're definitely an expert on this topic so what is happening [00:43:10] right now is what should have happened with the economic development director [00:43:14] and the city manager and the small business owner where they could have [00:43:17] discussed this and worked out a license agreement to make this happen the [00:43:21] problem is that we've only had our economic development director for nine [00:43:24] weeks so we just saw a seventy seven five a cost to the city because the [00:43:28] turnover rate and now we're seeing an ordinance confusion due to a turnover [00:43:32] rate I've been telling you about this turnover issue for the last year and a [00:43:35] half could you please stay on topic yes I do apologize thank you the point I am [00:43:40] trying to make is that there are a lot of people in this city that want the [00:43:45] culture to change to where our city is proactive you know we just got done the [00:43:49] office a manager just got done putting out a public statement basically putting [00:43:54] the context that the the small business owner didn't reach out to the city to [00:44:00] get enforcement for their ordinance of the city isn't that the job of code [00:44:05] enforcement it's right there on us-19 it's not hard to miss I ran into the [00:44:09] small business owners at roses be sure over three months ago and told them hey [00:44:12] we reached out to about grants for this project because we're handing out grants [00:44:16] from euros no they were not reached out to so this is a systemic problem that [00:44:23] deals with turnover and we're sitting here embarrassingly having to solve it [00:44:26] in front of the public because we didn't have an economic development director at [00:44:30] the time it's a turnover issue it's a systemic problem and it's hurting our [00:44:33] small businesses now thank you anybody else [00:44:48] so Bob Smallwood 7-1-2-4 me in court when I saw this agenda item I kind of [00:44:54] chuckled myself because that is the one mural in the town that I think really [00:45:00] captures a lot of the spirit of the town. You go to any other city and you see a similar [00:45:04] mural like that. And then I kind of reflected back, I guess from an exposure standpoint, [00:45:10] my wife's on the Cultural Affairs Committee, so I do hear her talk every so often. And [00:45:14] it seemed like a year or so ago, they presented changes to the whole mural program and it [00:45:19] seems to be stuck with the city attorney or someplace. I'm not sure what's going on, but [00:45:24] for that kind of a mural, to me, they should have asked for permission. I understand that [00:45:29] because you've got to make sure it's not advertising, there's sign issues. But at the same time, [00:45:35] for that kind of a mural to not be approved or be rejected early on, it just doesn't make [00:45:40] sense. So I think there's significant changes that need to be done to the mural program [00:45:45] so we're much more open. And it gets to me to a greater point. Back in my days of the [00:45:51] Main Street Program, I got up and harped so many times about the Public Arts Program and [00:45:56] the ordinance for public art that was done back in 2006. I haven't seen any accounting [00:46:03] of that, but I can guarantee you that's not being funded accordingly as per the ordinance. [00:46:07] So if you're going to enforce one ordinance, the city ought to enforce the ordinance on [00:46:12] itself to make sure that public art fund is funded correctly. And also in that public [00:46:17] art fund ordinance, it talks about the development department approaching commercial people [00:46:23] developing their own projects, and they're supposed to kind of twist their arm a little [00:46:28] bit to contribute as much as a city would for a similar project. So bottom line is, [00:46:34] we need to re-look at these murals, have more cooperation between Cultural Affairs and Main [00:46:39] Street and City Council to make this city a little bit more art intensive. And I'm sure [00:46:46] Frank can talk more about that, because that's a key element I see into a lot of cities that [00:46:50] are in our same situation trying to grow, but that's one thing that we're lacking within [00:46:55] our city is a lot more public art. So, thank you. [00:47:00] Frank Starkey, 5939 Grand Boulevard. Bob said a lot of great things that I would reiterate [00:47:08] and support, so I won't repeat those hopefully. We've thought for years that the content restrictions, [00:47:16] I wouldn't call them requirements, but they're really restrictions on the mural program are [00:47:20] just way too tight. And the requirement for City Council approval is not inappropriate [00:47:29] because you're the elected body, blah, blah, blah. But it wouldn't be bad to have a, whether [00:47:34] it's Cultural Affairs Committee or some other committee, vet applications to send to you [00:47:40] with a recommendation to approve or deny, so that you maintain your duly appointed, [00:47:45] blah, blah, blah. Leah on my team looked up the City of St. Petersburg's program, which [00:47:51] has to do with all public art, including decorative arts on buildings, not just murals. And they [00:47:56] have an arts commission, which has specific kinds of expertise that they look to have [00:48:03] on that commission, and they make a recommendation to the council for final approval. As long [00:48:09] as you have a final approval, you don't have to worry about the, oh, it's going to be advertising [00:48:16] or profanity or politically charged or anything like that. You have the ability to stop things [00:48:22] there. That should be your only sieve against things that are objectionable. But in terms [00:48:30] of things, art is something you have to allow to be creative. Anytime you try to define [00:48:35] what art is, as art history will tell you, you always get into a problem. So I would [00:48:40] encourage you to significantly relax the constrictions on content in pieces. Definitely allow this [00:48:48] beautiful thing. You have a mural right across the street here that I think Main Street did [00:48:53] or somebody that's all words. I don't know how you could give that one on the other end [00:48:59] of Main Street such a hard time when this one's so beloved. They're both beloved, and [00:49:04] let's just keep it that way. Thank you. [00:49:08] Anybody else like to speak? I see no one else. Let's bring it back. Do you want to have discussion [00:49:14] first since we've got like three proposals? [00:49:17] Sure. [00:49:18] All right. You can start then since you said the last. [00:49:23] Thank you. So I love that mural, and I think we should have more of those murals in our [00:49:28] community. I actually even looked into cities that are designated as mural cities, and I [00:49:34] think that that would be appropriate for us. I do think that this could have all been resolved [00:49:40] quicker, had they applied for the approval first before doing it. We might not be in [00:49:47] this position. But I think that for now, I'd like to move to license the sign with the [00:49:55] owner, if we can, with the city, and then maybe take a look at the ordinance after that, [00:50:00] but at least be able to approve this one so it stays. [00:50:05] I'll second her proposal. I think that way we can at least get this legal so it's in [00:50:12] good standing, and then we can look back, maybe even have a workshop or something to [00:50:17] look at our ordinance for the murals and maybe tweak them and see what we can do there. But [00:50:23] at least this gets us going with this one, because I love it. I talked about it earlier. [00:50:28] Every time I drive down Main Street, I see it, I'm like, that one fits for sure. It just [00:50:33] looks good, welcomes the city. So I love it. But that way we can come back, have a workshop [00:50:39] or whatever we need to do to make some changes, get some input from the community, and hopefully [00:50:45] make it better. [00:50:48] Mike? [00:50:49] Yeah, I'm just thinking, we should have had that artist work on the train station. It [00:50:54] might have taken less than a year. I mean, that mural came up practically overnight, [00:51:01] and like Bartell, I'm surprised we didn't, I didn't see it until it was done. I travel [00:51:08] that road, not weekly, but fairly quickly. Maybe we should have caught it, but it had [00:51:15] to happen fast, and I think the lady who did it is pretty talented. And I'm in agreement [00:51:23] with the licensing on this issue, and I'm good with us trying to review our mural. I [00:51:31] am in agreement with, I don't like the verbiage, and I know the previous mural with words on [00:51:39] it didn't go easy. They got a hard time there, right? And so, you know, I still, as we move [00:51:52] forward, and I'm all for this, but I still like the idea of the murals to be, the spoken [00:52:00] message be through their images rather than through letters. [00:52:04] Well, now that I'm 65, I think large letters are much more popular than they were when [00:52:11] I was younger, but to the point of the motion, I have a question, and your motion was made [00:52:20] so quickly that you've saved a few minutes of me talking about Lake Wales years back, [00:52:25] and talking about Safety Harbor, so I look forward to having that conversation when we [00:52:29] talk about the whole overall picture and how we handle murals. But I was concerned [00:52:39] about one thing, which was the community's outrage at the removal of the silent film [00:52:47] stars from Bourbon-on-Maine, and all the commentary about why was someone allowed to remove it, [00:52:55] and then to find that there's a proposed language in there, which I think we don't need, which [00:53:01] says that instead of you're going to be responsible for keeping it in good shape, saying it could [00:53:10] be terminated by either party. So if you love the mural, I'm not so sure we want the termination [00:53:15] by either party for no cause in it, because I see that there are four lease signs on that [00:53:23] building when I went by it. I don't know that there's a tenant at all in the building, or [00:53:28] what the intention of the owner is, but it's a beautiful mural, and so I would make it [00:53:34] more difficult to take it down, since we all love it so much, than to say, if you don't [00:53:38] want it, just take it down. If we have a mural, and we like it, license it, and let's have [00:53:44] the rights to it long enough that we can enjoy it. So maybe it's a term, Mr. Counselor, but [00:53:52] I'm not sure about the termination clause, and I would question the maker of the motion [00:53:57] to ask how you would clarify the terms as they were described by the attorney. [00:54:04] And we could certainly engage in that discussion with the owner, but it's really going to be [00:54:07] dependent upon what the owner is willing to do, because we're asking the owner to maintain [00:54:12] this sign for a period of time, and if the owner is not being compensated, he may not [00:54:18] want that responsibility, and you can't come back to us. [00:54:22] Right, so the motion is going to be based on if the owner agrees. [00:54:27] If we were advocating it, I'm just asking what's our pleasure, that's all. [00:54:32] So I think it makes sense to have that in there. I mean, let's suppose, because then [00:54:38] either one, we can license it, or is the city going to be responsible for maintaining it? [00:54:43] So I'd hate to see years go by, that's on the west side, and it fades, and things start [00:54:49] flaking out, and it starts looking pretty ratty, it's not a very good welcoming sign, [00:54:54] and I think if we're going to license it, we'd have a right then to say, do something [00:54:58] with it, because now, rather than be something beloved, maybe by the city, now it's actually [00:55:04] a detractor. So I like the idea that it's a licensing, and we have a little bit of control [00:55:08] of it, and I think, you know, and this again, the attorney will have to figure out, but [00:55:12] I know property owners have a lot of rights, and I'll go back, and there's not too many [00:55:23] months that go by, or not too many visits that I get, when I have my mother-in-law visit [00:55:29] me up here, and she asked about the mural in Birmingham, Maine. She was the chairwoman [00:55:34] of the first committee that set forth this mural project, that we had so many of, that [00:55:40] was the floral and fauna, and she and her committee visited, went down to Lake Placid, [00:55:47] and Lake Wells, and all these other places to come up with that plan that was passed [00:55:52] at that time. So, you know, whether I wanted it or not, I've got a lot of history in the [00:55:59] murals, even when I wasn't living in the city. So I like the idea of the city maintaining [00:56:04] control and the licensing of that issue, and then for just that very purpose. [00:56:11] I don't think I can add anything more that the four of you didn't already say, but I'd [00:56:17] like to go along with that idea. So is this now, I guess we just leave it in your hands [00:56:22] and you come back to us? Yeah, we would come back with an agreement, [00:56:26] and once we have approval from the owner, we'd present you with an agreement, and then [00:56:31] you could have a discussion about the terms of the agreement. But we'll try to negotiate [00:56:35] something that the owner can live with, that I think protects the city, and protects some [00:56:40] of the things that you all are talking about, including trying to make it more of a long-term [00:56:43] commitment, if possible. All right, thank you. Then we'll just continue [00:56:48] on. Do you want to vote on that? We're already moved and seconded. [00:56:53] Okay, moved and seconded. All those in favor? Aye.

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14. 10Communications▶ 56:56
15. 11Adjournment