09/18/2017 City Council Meeting Minutes September 18, 2017
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
9 '
e
Meeting Minutes
Monday, September 18, 2017
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes September 18, 2017
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton,
Councilmember Doreen Caudell, Councilmember Bob Cundiff and
Councilmember Bill Jonson
Also Present: William B. Horne II — City Manager, Jill Silverboard — Deputy City
Manager, Micah Maxwell —Assistant City Manager, Pamela K. Akin -
City Attorney, Rosemarie Call - City Clerk and Nicole Sprague —
Official Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Mayor Cretekos
3. Pledge of Allegiance — Councilmember Cundiff
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) — Given.
4.1 Staff Appreciation for Hurricane Irma Efforts
The City Council thanked staff for their efforts during and after Hurricane
Irma.
4.2 Duke Energy Update - Jeff Baker, Government and Community Relations Manager
Duke Energy Government and Community Relations Manager Jeff Baker
said almost all power lost during Hurricane Irma has been restored. Duke
Energy was prepared for the event and had all the resources and people,
over 8,000 workers, in place. The workers and their trucks remained out of
the path of the storm and were staged in northern Florida and Southern
Georgia. There are workers from as far as Colorado and Canada here to
help. Pinellas and Pasco counties were the first counties addressed post
storm. He said the easy fixes were done first but technology challenges were
more difficult than anticipated. He apologized to the customers and
community for not meeting expectations set forth by the company and said
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City Council Meeting Minutes September 18, 2017
call centers might not have had up to date information to pass along to
customers, they are working diligently to make sure all employees have
current information. He reported over 3 thousand polls were destroyed, over
1 thousand miles of wire had to be replaced, 1100 transformers had to be
replaced, and 108 transmission lines were down, which is the main artery of
the electrical system.
In response to questions, Mr. Baker said Pinellas County alone had 77
nursing home facilities without power and Mease Dunedin Hospital was
without power until Tuesday night. He said it is helpful to the power
company if residents plant slow growing trees around power lines. Duke
Energy has a robust vegetative program and each line is physically looked at
once every three years.
4.3 Homelessness Needs Assessment and Recommendations - Dr. Robert G. Marbut Jr.,
Ph.D., Marbut Consulting
Dr. Marbut provided a PowerPoint presentation.
In response to a question, Dr. Marbut said it is a best practice to measure
the street level numbers, or the unsheltered individuals who are not
participating in an overnight program and are living on the streets.
The count must be standardized and conducted at the same time of the
month, day and time. The TBIN system must be followed in order to receive
federal funds.
The Council recessed from 6:41 p.m. to 6:45 p.m. to meet as the Pension
Trustees.
5. Approval of Minutes
5.1 Approve the minutes of the September 7, 2017 City Council Meeting as submitted in
written summation by the City Clerk.
It was requested that Item 4.2, Heart Gallery of Pinellas and Pasco, on
page 2 be stricken since Ms. Nance did not present to Council.
There was consensus to amend the minutes.
Councilmember Jonson moved to approve the minutes of the
September 7, 2017 City Council Meeting as amended. The motion
was duly seconded and carried unanimously.
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6. Citizens to be heard re items not on the agenda
Lisa Lanza expressed concern that the council meeting was noticed on
Facebook as a special meeting regarding the budget and many were not
aware of Agenda Item 9.1.
It was stated that tonight's meeting was not noticed as a special meeting,-
the
eeting,the regularly scheduled council meeting was moved to Monday,
September 18 in observance of Rosh Hashanah.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 9075-17 on second reading, declaring the millage rate to be levied for
the fiscal year beginning October 1, 2017 and ending September 30, 2018 to be 5.1550
Mills.
One individual spoke in opposition.
Ordinance 9075-17 was presented and read by title only.
Councilmember Caudell moved to adopt Ordinance 9075-17 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
7.2 Adopt Ordinance 9076-17 on second reading, adopting an Operating Budget for the
fiscal year beginning October 1, 2017 and ending September 30, 2018.
One individual suggested that the new hotels on the beach be charged a
water surcharge.
One individual expressed concern that many do not understand the
budget process and opposed the City's utility fees.
In response to questions, Finance Director Jay Ravins said the balance
of the net funds in excess of the minimum reserves in solid waste and
recycling was larger than expected because the transfer station project
has not been deducted. Solid Waste and General Services Director Earl
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Gloster said the transfer station project will cost approximately$20
million.
Deputy City Manager Jill Silverboard said the utility tax and franchise fee
are two different revenues. If there was no utility tax, property taxes would
be higher. The City does not receive any of the bed tax dollars, which
goes directly to Visit St. Pete Clearwater for its marketing programs.
In response to a question, Ms. Silverboard said hotels pay their share for
water usage, the more water a property owner uses, the more they pay.
Ordinance 9076-17 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9076-17 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
7.3 Adopt Ordinance 9077-17 on second reading, adopting the Capital Improvement
Program Budget for the fiscal year beginning October 1, 2017 and ending September 30,
2018.
One individual questioned the projects included in the capital
improvement program.
Ordinance 9077-17 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Ordinance 9077-17 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8. City Manager Reports
8.1 Amend the City's fiscal year 2016/17 Operating and Capital Improvement Budgets at
third quarter and pass Ordinances 9078-17 and 9079-17 on first reading.
The fiscal year 2016/17 Operating and Capital Improvement Budgets were
adopted in September 2016 by Ordinances 8946-16 and 8947-16. Section
2.521 of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects. Staff has provided a memorandum and a report
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outlining the issues at third quarter that require amendment.
In response to questions, Budget Manager Kayleen Kastel said the
Increase to the general fund reflects the contribution to the capital fund
for the Morningside Recreation Center project. Parks and Recreation
Director Kevin Dunbar said the additional funding for Morningside
Recreation was due to increased construction costs and the CNG air
conditioning system, which will be paid back in 9-10 years. The project
was originally designed to have a traditional AC system. Deputy City
Manager Jill Silverboard said the project was originally a Penny for
Pinellas 2 project, the original cost estimates are approximately 20 years
old. Ms. Kastel said the revenue in the garage fund is lower because the
departments are not being charged back as much for fuel consumption.
A major portion of the garage fund is being amended because of the
large variance. The cost for extra duty police officers is paid for out of the
special program fund, the amendment is made every quarter to true up
revenues received. Public Utilities Director David Porter said the excess
funds in the odor control system project is being reestablished for
sanitary sewer project.
Councilmember Caudell departed Chambers at 7:19 p.m. and returned at
7:22 p.m.
Staff was directed to provide information regarding the traffic safety
infrastructure project.
One individual suggested the City concentrate more on public safety
projects and less on entertainment programming.
Councilmember Jonson moved to amend the City's fiscal year
2016/17 Operating and Capital Improvement Budgets at third
quarter. The motion was duly seconded and carried unanimously.
Ordinance 9078-17 was presented and read by title only.
Councilmember Caudell moved to pass Ordinance 9078-17 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
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Ordinance 9079-17 was presented and read by title only.
Councilmember Cundiff moved to pass Ordinance 9079-17 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
8.2 Approve a contract with the Pinellas County Sheriff's Office, Largo, Florida in the amount
of$503,179.00 plus contingency of$26,821.00, for latent fingerprint, crime scene
processing, evidence and property storage and Pinellas Juvenile Assessment Center
services, during the one-year contract period commencing October 1, 2017 through
September 30, 2018, and authorize the appropriate officials to execute same.
The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police
Department (CPD) began annual contractual agreement for services in January
1994. The agreements have covered latent fingerprint examination, crime
scene processing services, property/evidence storage and a share of security
costs at the Pinellas Juvenile Assessment Center (PJAC).
The total cost for the proposed agreement for Fiscal Year 2017/2018 is
$503,179.00. The proposed contractual agreement reflects the following
breakout of costs:
Fingerprint Services - 1,200 cases @ $82.79 each, totaling
$99,348.00;
Forensic Science Services (Crime Scene Processing) - 1,100 calls
for service @ $225.21 each, totaling $247,731;
Evidence, Property Service and Storage - 10,000 items @ $11.62
each, totaling $116,200;
Pinellas Juvenile Assessment Center(PJAC) - 475 bookings @
$84.00 each, totaling $39,900.
The contingency amount of$26,821.00 will cover any calls for service which
exceed those outlined in the proposed contract and invoices for excess
services will be issued separately. Additionally, at the end of the contract, any
funds remaining from unused calls for service will be refunded to the city.
Funding for this contractual agreement and contingency funds are available in
the Police Department's fiscal year 2017/2018 operating budget,
010-01155-530300-521-000.
APPROPRIATION CODE AND AMOUNT:
0010-01155-530300-521-000-0000 - $503,179.00 with contingency of
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$26,821.00
Vice Mayor Hamilton moved to approve a contract with the
Pinellas County Sheriff's Office, Largo, Florida in the amount of
$503,179.00 plus contingency of $26,821.00, for latent fingerprint,
crime scene processing, evidence and property storage and
Pinellas Juvenile Assessment Center services, during the
one-year contract period commencing October 1, 2017 through
September 30, 2018, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
8.3 Approve the renewal of a Software Support Agreement for the TriTech Computer Aided
Dispatch System, in the amount of$180,930.56, for a 12-month period beginning
October 1, 2017 and ending September 30, 2018, and authorize the appropriate officials
to execute same.
The TriTech system has been operational since October 2007; the final sign-off
and payment closing out the project was disbursed in March 2009.
The Council previously approved a twelve-month TriTech Software Support
Agreement, which will expire on September 30, 2017.
The TriTech System provides an integrated CADS, mobile, and AVL
environment, and downloading of data to the report management system
(ACISS). Prior to the TriTech System, each of these functions required
separate software support and hardware agreements.
Funding for renewal of the 12-month Software Support Agreement, in the
amount of$180,930.56, is budgeted in FY 2016/2017 Police Department
operating budget 0010-1162-530300-521-000-0000.
APPROPRIATION CODE AND AMOUNT:
0010-01162-530300-521-000-0000 - $180,930.56
Councilmember Caudell moved to approve the renewal of a
Software Support Agreement for the TriTech Computer Aided
Dispatch System, in the amount of $180,930.56, for a 12-month
period beginning October 1, 2017 and ending September 30,
2018, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
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8.4 Approve the First Addendum between Religious Community Services (RCS), Inc. and the
City of Clearwater, Florida, a municipal corporation, modifying the monthly billing
maximum to $2,500.00, with the City's maximum liability not to exceed $15,000.00, and
authorize the appropriate officials to execute same.
Religious Community Services (RCS), Inc. (Contractor) is a registered 501(c)
(3) organization with four distinct yet interwoven programs, including The Haven
of RCS.
The Haven of RCS is a state-certified provider of domestic violence victim
advocacy services that has on staff a number of Spanish-speaking victim
advocates specialized in domestic violence issues.
Because the City of Clearwater has a need for victim advocacy services for
victims of domestic violence, particularly for Hispanic, Spanish-speaking
victims, the City and the Contractor entered into an agreement on November
14, 2016, commencing on January 1, 2017 and terminating on December 31,
2017, to implement and administer a victim advocacy program for domestic
violence victims with an emphasis on Hispanic, Spanish-speaking victims in
partnership with the City.
In paragraph 4 of the agreement, the Contractor was required to submit to the
City monthly billings not exceeding $1250.00 per month with the City's
maximum liability under the agreement not exceeding $15,000.00.
However, up to and including the month of May 2017, the Contractor submitted
monthly billings totaling only $825.00 because of staffing issues.
Now that the Contractor has resolved its staffing issues, the monthly limit for the
month of June 2017, and the remaining months under the agreement needs to
be increased beyond the monthly limit of$1,250.00 so that domestic violence
victims can benefit from the services provided by the Contractor so long as the
monthly billings do not exceed $2500.00 per month and so long as the City's
maximum liability under the agreement remains at$15,000.00.
All other terms and Exhibits of the agreement shall continue in full force and
effect.
Councilmember Cundiff moved to approve the First Addendum
between Religious Community Services (RCS), Inc. and the City
of Clearwater, Florida, a municipal corporation, modifying the
monthly billing maximum to $2,500.00, with the City's maximum
liability not to exceed $15,000.00, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
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8.5 Approve a Contract (Blanket Purchase Order) to Hose and Hydraulics, Inc. of Clearwater,
FL in the amount of$225,000 annually for the purchase of replacement hydraulic parts,
repairs and service for vehicles and equipment used by city departments, in accordance
with Sec. 2.564(1)(d), Other Government Entities Bids, and authorize the appropriate
officials to execute same.
This blanket purchase order is a piggyback off of Pinellas County Contract
167-0444-Q(RF); contract term through August 2022 and covers the purchase
of replacement hydraulic parts, repairs and services for use on city vehicles and
equipment.
The services include hydraulic hoses, fittings, pumps, and motors for various
heavy equipment vehicles, which include but not limited to; refuse vehicles,
dump trucks, beach rakes and streetsweepers.
APPROPRIATION CODE AND AMOUNT:
566-06611-550600-519-000 $225,000
This is budgeted in the operating expenses for Fiscal Year 16/17 and Fiscal
Year 17/18
Vice Mayor Hamilton moved to approve a Contract (Blanket
Purchase Order) to Hose and Hydraulics, Inc. of Clearwater, FL in
the amount of $225,000 annually for the purchase of replacement
hydraulic parts, repairs and service for vehicles and equipment
used by city departments, in accordance with Sec. 2.564(1)(d),
Other Government Entities Bids, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
8.6 Approve an Interlocal Agreement between Pinellas County Emergency Medical Services
Authority and City of Clearwater to provide water rescue services to the citizens of
Pinellas County, and authorize the appropriate officials to execute same.
The City of Clearwater has purchased one 36 ft. Metalcraft Marine, Inc. Model
32 Rescue Boat. Clearwater Fire & Rescue will use this boat to respond to
water rescue emergencies and assist citizens in waters in/around Pinellas
County as well as provide closest unit coverage in accordance with the
automatic aid agreement.
Pinellas County Emergency Medical Services Authority has agreed to provide
$250,000 to the City of Clearwater upon execution of the agreement towards the
purchase of the fire boat, Marine 44. Marine 44 has been ordered and is
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currently under construction. Clearwater Fire & Rescue expects delivery of the
replacement fire boat in October 2017.
Councilmember Caudell moved to approve an Interlocal
Agreement between Pinellas County Emergency Medical Services
Authority and City of Clearwater to provide water rescue services
to the citizens of Pinellas County, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
9. City Attorney Reports
9.1 Request the Pinellas County Legislative Delegation to initiate legislation by Special Act,
amending chapter 11050, Laws of Florida (1925) (as amended by 2007-312, and
2010-250, Laws of Florida) to allow certain uses and development of specified
city-owned lands in accordance with the Downtown Waterfront Master Plan, titled Imagine
Clearwater, removing certain restrictions on the use of said lands and adopt Resolution
17-27.
The right-of-way for the causeway spanning downtown Clearwater and
Clearwater Beach, known as Memorial Causeway, and certain adjacent
submerged lands were granted to the City of Clearwater under Chapter
11050, Laws of Florida (1925), as amended, to be owned and maintained
as provided for in the act.
A portion of the submerged lands granted to the city under chapter 11050,
Laws of Florida, 1925, now consist of a limited amount of filled uplands,
including a portion of the Downtown Waterfront District adjacent to the east
of the city's 126-slip downtown boat slip project. The upland, along with the
limited adjacent submerged lands upon which the downtown boat slips
exist, are bound by certain restrictions as set forth in the 1925 Act (the
"Restricted Lands").
More specifically, chapter 11050, Laws of Florida, 1925 (as amended)
contains a restriction on the north 500 feet of said lands against carnivals
and shows of any character.
The Downtown Waterfront District property (the "Waterfront" or "Bluff") is
outdated and needs to be redeveloped to promote economic activity. The
Clearwater City Council contracted with HR &A Advisors, Inc. to develop a
master plan to implement the redevelopment of the Waterfront, which was
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subsequently issued by HR &A as "Imagine Clearwater'. Imagine
Clearwater received significant public support, and the Council directed its
implementation by adopting Resolution 17-13 on March 16, 2017.
Imagine Clearwater proposes the development and use of certain portions
of the Restricted Lands, requiring as a prerequisite, the elimination of the
antiquated restriction against shows and carnivals which binds the
Restricted Lands. By adopting Resolution 17-27, the Clearwater City
Council supports and requests that the Pinellas County Legislative
Delegation initiate a Special Act to be considered by the Florida
Legislature in 2018 which will allow for the implementation of Imagine
Clearwater and the development of the Waterfront for the enjoyment of all.
Portions of the lands granted to the City of Clearwater under chapter
11050, Laws of Florida, 1925, other than the Restricted Lands shall
continue to be used as provided for in chapter 11050, Laws of Florida
(1925), and 2007-312, and 2010-250, Laws of Florida.
Further, this proposed legislation does not modify or supersede any
provision of the Charter of the City of Clearwater concerning the
requirement of a referendum for the use of waterfront property that is
owned by the City of Clearwater, including certain restrictions on recreation
and open-space land relating to the sale, donation, lease for new use, or
other transfer; the restriction that a right-of-way or easement that terminates
at, or provides access to the water's edge of fresh or salt water may not be
vacated for private benefit; and restrictions that certain public property in
the subject area be maintained as open space and for public utilities or city
facilities only.
In response to questions, the City Attorney said the area affected by the
special act restriction exists 500 ft. to the north of the center line. There is
no legislative history as to why the no carnival or shows restriction was
included in the special act. The restriction did not extend south of Cleveland
Street. Imagine Clearwater proposes to locate the performance venue
in the current parking lot. The City Attorney said Council adopted
Imagine Clearwater, which was proposed by HR&A via public
input.
One individual suggested that many individuals were not aware that
Imagine Clearwater requires to amend the special act and that the plan
originally included a bandshell on a rail to accommodate the sunsets.
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In response to questions, the City Attorney, if the bandshell was on a
track and was moved to the area affected by the special act for any period
of time, the City would need to amend the special act to remove the
restriction against shows, performances and carnivals. The City Attorney
said she spoke with the consultants prior to the report and they were
aware of the need to modify the special act.
Discussion ensued with comments made that there was a general
consensus at the citizen meetings to move the bandshell out of
Coachman Park to keep the park area more passive, Imagine Clearwater
is key to revitalizing Downtown, the beaches, St. Pete, Tampa and city
signature events, and that the Clearwater Regional Chamber of
Commerce (Chamber) champions projects that benefit the community. It
was stated that if the special act is not amended, the City will not be able
to hold any performances in the area proposed in Imagine Clearwater.
The City Manager said the discussions the consultants had with
Chamber representatives and other interested parties did not focus on
the location of the activities, but rather the programming activity. The
discussions did not take away anything yielded from the public meetings.
Councilmember Cundiff moved to request the Pinellas County
Legislative Delegation to initiate legislation by Special Act,
amending chapter 11050, Laws of Florida (1925) (as amended by
2007-312, and 2010-250, Laws of Florida) to allow certain uses
and development of specified city-owned lands in accordance
with the Downtown Waterfront Master Plan, titled Imagine
Clearwater, removing certain restrictions on the use of said
lands. The motion was duly seconded and carried unanimously.
Resolution 17-27 was presented and read by title only.
Councilmember Caudell moved to adopt Resolution 17-27. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
9.2 Extend the Declaration of a State of Emergency and emergency procurement procedures
and adopt Resolution 17-33.
A state of emergency in the City of Clearwater was proclaimed by Mayor
Cretekos on September 7, 2017 based on conditions surrounding Hurricane
Irma.
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The entire city experienced significant hurricane conditions that caused
wide-spread debris and storm damage.
On September 14, 2017, Mayor Cretekos proclaimed that continuing issues
with structural repairs for city facilities and power resulting from Hurricane Irma
necessitates the continuation of emergency procurement procedures.
In response to a question, the City Attorney said the resolution is good for
only seven days and will expire on Thursday, at Noon.
Councilmember Cundiff moved to extend the Declaration of a
State of Emergency and emergency procurement procedures.
The motion was duly seconded and carried unanimously.
Resolution 17-33 was presented and read by title only. Vice
Mayor Hamilton moved to adopt Resolution 17-33. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell,
Councilmember Cundiff and Councilmember Jonson
The City Manager read the City's Facebook page post that noticed the
September 18, 2017 Council Meeting at 6:00 p.m. at City Hall.
Fire Asst. Chief Jevon Graham provided a PowerPoint presentation
regarding the Hurricane Irma preliminary damage assessment.
10. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Caudell said the storm was a good practice run for storm
preparation and encouraged all to be careful and safe.
Councilmember Cundiff thanked staff, emergency personnel, and all the
volunteers throughout the City. He thanked the Church of Scientology for
their help in placing plywood on windows and delivering ice to poorer
neighborhoods. He said yesterday was Constitution Day.
Councilmember Jonson said he read an article regarding the
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undergrounding of utility lines and how it makes sense to do so since we
are all so dependent on electricity. The City of Winter Park has a plan to
phase in the undergrounding of utility lines and Washington D.C. is
implementing a system to underground the major power line feeds into
the city. He said the loss of power has a significant impact to the
economy as businesses are closed and some people didn't have jobs
during the power outages. The area could have been hit much worse and
if we are prepared for this type of storm, we will be more resilient should
we get hit worse in the future. He thanked the City Manager and City
Attorney for their work during this crisis.
11. Closing Comments by Mayor
12. Adjourn
Mayor Cretekos reviewed recent and upcoming events and said
encouraged individuals using generators to obtain a free carbon
monoxide detector at Fire Station 45 or 48.
The meeting adjourned at 8:37 p.m.
City of Clearwater
Mayor
City of Clearwater
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