08/13/2018 Council Work Session Meeting Minutes August 13, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, August 13, 2018
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes August 13, 2018
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell,
Councilmember David Allbritton, and Councilmember Hoyt Hamilton
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
2. Presentations — Given.
2.1 August Service Awards
The August 2018 Employee of the Month Award was presented to Eric
Jewett, Planning and Development.
The Council recessed from 1:02 p.m. to 1:54 p.m. to meet as the Pension
Trustees and the Community Redevelopment Agency.
3. Human Resources
3.1 Authorize the funding of city medical insurance and a contract between the City and
Cigna Healthcare for administrative services under a self-insured funding arrangement for
the period January 1, 2019 through December 31, 2019, at a total not-to-exceed $20
million, to be funded by city budgeted funds, payroll deductions of employee and retiree
premiums. (consent)
Historically, the City's health care costs have escalated due to increased
inflation in health care cost (8% to 10% annually) and less than favorable claims
experience. The result was increased costs for the City, the employees, family
members, and retirees who participate in the city plan.
In recent years, the City has seen cost trending downward which can be
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Council Work Session Meeting Minutes August 13, 2018
attributed to savings from the use of the Employee Health Center and a greater
focus on wellness by the City and employees. These savings resulted in health
plan design changes that lowered the office visit co-pays, hospital admission
fee, and prescription drug co-pays.
The City historically pays 100% of Employee only coverage, 75% of Employee +
1 coverage and 68% of Employee + Family coverage. For plan year 2018, the
projected 2.1% increase was absorbed by the City and there was no premium
increase to the employees. When the City agreed to pay the entire 2.1%
premium increase, it shifted the City contribution to 78% for employee + 1 and
69% for employee + family.
For plan year 2019 the projected increase is 4.4%. This increase was due to
several large claims. Despite these large claims, the plan did well and as of
June 2018 the plan spend was $425,095 under budget. The majority of the City
Benefits Committee has agreed that employees will pay the employee share of
the increase and return to the 75%/68% shared costs.
The estimated contract increase for 2019 is $776,405. The City's fiscal 2019
budget is $18,157,000 which includes $16,400,000 million across all operations
for health plan costs and $1,757,000 budgeted for the Employee Health Center,
a budgeted increase of approximately $979,000 from fiscal year 2017/18.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the in cost code 5907590-530300 (contractual services)
and 5907590-545602 (major medical claims) to fund the City's portion; and
revenues from payroll deductions and retiree premiums will provide remaining
funds necessary to fund this contract.
Human Resources Manager Michelle Kutch provided a PowerPoint
presentation.
In response to questions, Ms. Kutch said the Benefits Committee agreed
with the proposed premium increase. Representatives from the
Communications Works of America, SAMP, International Association of
Firefighters, Fraternal Order of Police (FOP) and FOP Supervisors serve on
the Committee.
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3.2 Approve an agreement between the City of Clearwater and Public Sector Personnel
Consultants, Inc., from Tempe, Arizona, to conduct a classification and compensation
study for all city positions, except sworn police and fire positions, at a not to exceed cost
of$150,000 and authorize the appropriate officials to execute same. (consent)
The City issued Request for Proposal #12-18 in January 2018 soliciting
proposals to conduct a comprehensive classification and compensation study.
Twelve responses were received, each evaluated by an RFP committee
consisting of the Deputy City Manager, Assistant City Manager, Budget
Manager, and the Human Resources Employment/Pay and Classification
Manager. Three firms were invited to make presentations with Public Sector
Personnel Consultants selected to conduct the analysis.
The consultant will provide City Council a detailed presentation of the
methodology to be used at the September 4th work session and will be
available for individual discussions with the City Council after the work session.
The process will begin in September 2018 and is anticipated to be completed
not later than March 2019.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0107010-530100, professional services, to
fund this contract.
In response to questions, Human Resources Assistant Director Jennifer
Poirrier said there were a couple of local companies that submitted bids, but
were not selected because of pricing, incomplete application or referrals. The
study has not been conducted for over a decade, it will confirm if salaries are
in line with the market.
4. Police Department
4.1 Approve a contract with the Pinellas County Sheriff's Office, Largo, Florida, in the amount
of$517,091 plus contingency of$22,909, for forensic crime scene processing, latent
prints, property and evidence storage, and Pinellas Juvenile Assessment Center
services, during the one-year contract period commencing October 1, 2018 through
September 30, 2019 and authorize the appropriate officials to execute same. (consent)
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 forensic crime scene processing, latent
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fingerprint examination, property and 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 2018-2019 is
$517,091. The proposed contractual agreement reflects the following breakout
of costs:
Forensic Science Services (Crime Scene Processing) - 1,100 calls for
service @ $231.97 each, totaling $255,167;
Fingerprint Services - 1,200 cases @ $85.27 each, totaling $102,324;
Property and Evidence Storage - 10,000 items @ $11.97 each, totaling
$119,700;
Pinellas Juvenile Assessment Center(PJAC) - 475 juveniles transported @
$84.00 each, totaling $39,900.
The contingency amount of$22,909 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.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement and contingency funds are included in
the Police Department's fiscal year 2018-2019 operating budget request for
cost code, 0101155-530300, contractual services.
4.2 Renew Grant and Financial Assistance Agreement between the Florida Department of
Law Enforcement and the city of Clearwater, necessary to facilitate a current mutual aid
agreement between the two entities, effective upon execution through June 30, 2019, and
authorize the appropriate officials to execute same. (consent)
The Florida Department of Law Enforcement and the City of Clearwater have
determined that they can make efficient use of their powers and resources, in
certain criminal cases that may require specialized expertise and have the
potential to cross jurisdictional lines, through coordination and sharing of
specialized technical resources and personnel.
Chapter 23, Florida Statutes authorizes law enforcement agencies to enter into
mutual aid agreements for rendering voluntary assistance of a routine law
enforcement nature to one another across jurisdictional lines and to enter into
operational assistance agreements whereby each agency may request and
render law enforcement assistance to the other law enforcement agencies
during emergencies under Section 252.34, Florida Statutes.
Council previously approved the Electronic Surveillance Support Team
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Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration
date of February 28, 2019. This agreement allows for the reimbursement of
certain expenses incurred by the city of Clearwater.
The Financial Assistance Agreement between the Florida Department of Law
Enforcement (Department) and the city of Clearwater outlines the eligible costs
available for reimbursement by the Department and the process to apply for
reimbursement. This agreement must be renewed annually, and due to the
nature of the agreement, it is required to come before Council for approval:
• The agreement provides for reimbursement of overtime (salaries and
benefits) and expense (travel and training).
• Funds will be reimbursed up to an annual maximum of$12,500 per task
force participant.
• If the total monetary amount of the grant and state financial assistance
provided to the city of Clearwater is equal to or exceeds $750,000 in any
fiscal year, the participant must have a state single audit for such fiscal
year in accordance with Section 215.97, Florida State Statutes.
There is no budgetary impact associated with the ESST Mutual Aid Agreement.
4.3 Authorize the Police Department to implement a police officer Take Home Vehicle
Program at the discretion of the Chief of Police and authorize the appropriate officials to
execute same. (consent)
The Clearwater Police Department seeks authorization to implement and
maintain a Take Home Vehicle Program, whereby all sworn personnel are
assigned a police vehicle and permitted to utilize the vehicle for the de minimis
commute. The objectives of the program are:
• To provide enhanced police services and reduce time spent transitioning
shifts.
• To provide for rapid mobilization of sworn personnel during emergency
or disaster situations.
• Enhance the department's ability to recruit the best qualified candidates
and retain sworn personnel.
• To increase the visibility of marked police vehicles to deter crime and
deter traffic violations.
• To decrease average vehicle operating costs through increased vehicle
life and decreased maintenance repair costs.
• To increase the response time of sworn police officers when recalled to
duty.
Sworn personnel that accept a take home vehicle and reside outside of a
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15-mile radius from the Clearwater Police Department Main Station at 645
Pierce Street, shall reimburse the City of Clearwater for a portion of the
commuting expense at a rate of$.29 per mile. The reimbursement must be
paid through a payroll deduction.
For Fiscal Year 2018, the year to date total amount of reimbursement received
through July 2018 is $26,721.
64% of sworn officers live within Pinellas County, 26% of sworn officers live in
Pasco County, and 10% of sworn officers live in Hillsborough County.
APPROPRIATION CODE AND AMOUNT:
Authorization is not anticipated to have any budgetary impact on fuel costs,
partially due to officers not picking up and dropping off patrol cars at the station,
and the expenses would be offset by an increase in reimbursement revenues.
In response to questions, Police Chief Dan Slaughter said currently, officers
on specialty (think that is what he said) assignments and community police
officers are assigned a take-home vehicle. The current fleet size is adequate
to initiate the program; every officer will be assigned a vehicle. The vehicle
may be used for errands when traveling to and from work, he expected it
would be minimal. Chief Slaughter said the policy requires officers to follow a
dress code in the event they must respond to a call.
5. Engineering
5.1 Approve a work order to Atkins North America, of Tampa, FI, in the amount of$309,044;
a Cooperative funding agreement between Southwest Florida Water Management
District (SWFWMD), the City of Clearwater in the amount of$1,160,000, and Pinellas
County, as a third party in the agreement, in the amount of$500,000 for Lower Spring
Branch Conveyance Improvements (N915); and authorize the appropriate officials to
execute same. (consent)
On March 6, 2018, Request for qualifications (18-18) were reviewed and
ranked by a committee comprised of three city professionals with direct
knowledge of the project. The committee unanimously agreed that Atkins
North America, of Tampa, Florida is best suited to perform the engineering
design and permitting for the project.
The Lower Spring Branch Stormwater Improvements is identified as Project 1 B
in the Stevenson Creek Watershed Management Plan (WMP), which was
prepared by the City of Clearwater with SWFWMD's cooperative funding and
participation.
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This project will provide flood relief for approximately 11 homes adjacent to
the Creek, removing them from the 100-year floodplain.
The construction of this project includes the replacement of bridges at
Springtime Avenue, Overlook Avenue, and the addition of larger box culverts
under Douglas Avenue.
Council action at this time is requested to begin the design and secure
SWFWMD's funds for the project. Separate agreements will be presented
to Council later for award of the construction contract.
The Cooperative Funding Agreement between the City of Clearwater and
SWFWMD includes reimbursement up to 50% of the cost of design and
construction up to a maximum of$1,160,000 and Pinellas County, as a
third party within this agreement, up to 50% of the cost of design and
construction up to a maximum of$500,000 for the construction of the
project and Pinellas County will reimburse the City 25% not to exceed
$270,000 of the construction of Douglas Avenue Crossing.
APPROPRIATION CODE AND AMOUNT:
ENST180010-DSGN-PROSVC $309,044
A third quarter budget amendment will establish capital improvement project
ENST180010, Lower Spring Branch Conveyance Improvements, with a transfer
from ENST180004, Stevenson Creek, in the amount of$1,160,000 to match the
SWFWMD grant and fund the work order.
5.2 Award a construction contract in the amount of$1,300,908.75 and approve change order
one decreasing the contract by $186,788.75 for a total value of$1,114,120.00 to B.L.
Smith Electric, Inc., of Dundee, Florida, for the Marshall Street Water Reclamation Facility
(WRF) Motor Control Center No. 9 (MCC9) Electrical Systems Upgrades (16-0033-UT);
approve supplemental work order one to Engineer of Record (EOR) McKim and Creed,
Inc. in the amount of$19,992.00; and authorize the appropriate officials to execute same.
(consent).
This project provides for the rehabilitation of existing MCC No. 9 at the Marshall
Street WRF. The scope of work includes replacement of all electrical switch
gear that has reached the end of their useful life. In addition, the building housing
the electrical equipment will be hurricane hardened and exterior conduits,
conductors and motor disconnects served by the MCC will be replaced.
B.L. Smith Electric, Inc. was the lowest responsible bid received in accordance
with plans and specifications.
Deductive change order one resulted from a bid review by the EOR in
conjunction with the contractor. Bid line items were revised accordingly to more
accurately reflect scope.
EOR McKim & Creed, Inc. has reviewed the bid and recommends award to
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B.L. Smith Electric with the change order incorporated.
On October 10, 2016, the City Manager approved the design work order to
McKim & Creed in the amount of$56,201.00.
Supplemental work order one will provide full Construction Engineering
Inspection services during the construction phase of the project for a new work
order value of$76,193.
Construction is expected to be complete within 180 consecutive calendar days
from issuance of Notice to Proceed.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the Marshall Street Water Reclamation Facility.
APPROPRIATION CODE AND AMOUNT:
3217321-563800-96213 $1,114,120
3217321-561300-96213 $ 19,992
Funds are available in capital improvement project 96213, Marshall Street
Upgrades Improvements, to fund this contract and supplemental work order.
5.3 Award a construction contract to Keystone Excavators, Inc. of Oldsmar, Florida, in the
amount of$3,982,830.50 for Hillcrest Avenue Bypass Culvert (13-0042-EN), and
authorize the appropriate officials to execute same. (consent)
The Hillcrest Avenue Bypass project is a project identified in the Stevenson
Creek Watershed Management Plan, which was prepared by the City of
Clearwater with SWFWMD's cooperative funding and participation.
The Glen Oaks Park Project was constructed in anticipation of future upstream
flood protection projects, including the Hillcrest Avenue Bypass.
This project will provide flood relief for 36 homes adjacent to the Creek between
Jeffords Street and Bellevue Boulevard. All 36 of these homes would be
removed from the 100-year floodplain.
Construction will consist of approximately 1,160 linear feet of 12' x 7' reinforced
concrete box culvert with an overflow weir that will direct flood flows under
Hillcrest Avenue and reduce flood stages. The existing culvert-bridge at
Browning Street and Stevenson Creek will be replaced with 60 linear feet of 12'
x 5' reinforced concrete box culvert. Stevenson Creek will be reshaped to
enhance erosion control and stability.
Keystone Excavators, Inc. bid was the lowest responsible bid received in
accordance with plans and specifications.
February 5, 2015, City Council approved a funding agreement with Southwest
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Florida Water Management District (SWFWMD) to co-operatively fund the
project at a 50% cost share with a maximum cost not to exceed $1,950,000.
August 16, 2017, City Council approved Amendment One to Southwest Florida
Water Management District (SWFWMD) Cooperative Funding extending the
expiration date.
Construction duration is 370 calendar days with an anticipated start in October
2018.
APPROPRIATION CODE AND AMOUNT:
ENST180008-CONS-CNSTRC $3,721,748.80
3277327-563800-96722 $168,995.20
3277327-563800-96634 $ 92,086.50
Funding is available in Capital Improvement Project ENST180008, Hillcrest
Bypass Culvert in the amount of$3,721,748.80 and Utility Renewal and
Replacement Projects in amounts of$168,995.20 in 96722, Line
Relocation-Maintenance, and $92,086.50 in 96634, Sanitary Utility Relocation
Accommodation to fund the contract.
In response to questions, Survey Assistant 11 Jacob Johnson said thirty-six
homes will be taken out the floodplain; the homes will no longer have an AE
evacuation code. Stormwater Manager Elliot Shoberg said the evacuation
code would change to X after staff completes the FEMA map updates.
5.4 Approve Amendment 2 to Clearwater Beach Route Funding Agreement between Pinellas
Suncoast Transit Authority (PSTA) and the City in the amount of$218,512 and authorize
the appropriate officials to execute same. (consent)
On August 17, 2016, City Council approved a Clearwater Beach Route Funding
Agreement with PSTA to contribute towards PSTA's financial obligations under
the Jolley Trolley Agreement for Clearwater Beach Routes from October 1,
2016 through September 30, 2017 in the amount of$182,503.
On September 7, 2017, City Council approved amendment 1 to renew the
Clearwater Beach Route Funding Agreement from October 1, 2017 through
September 30, 2018 in the amount of$217,263.
Amendment 2 is to renew the Clearwater Beach Route Funding Agreement
from October 1, 2018 through September 30, 2019, allowing the City to
contribute towards PSTA's financial obligation to Jolley Trolley for the
Clearwater Beach Route under the Jolley Trolley agreement with PSTA.
The Clearwater Beach Route provides service from Downtown Clearwater to
Island Estates, North Beach and South Beach.
City Staff has reviewed and recommends approval of the renewal of the
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agreement with the amendment.
APPROPRIATION CODE:
4351333-581000 $218,512
Funds are included in the proposed FY2019 Parking System Operating Budget
for the contribution.
In response to questions, PSTA Chief Development Officer Cassandra
Borchers said the item before Council is a long-standing agreement with the
City for services on and off the beach to Downtown. The agreement
continues the base service half-hour service on the South and North Beach
Routes. The increasd funding amount is due to the routes high ridership
numbers and fare box recovery. Fare box recovery is the difference between
what the service costs and what the rider pays, it is the portion of the service
that is reimbursed to the route that is paid by the user. She noted that this
service was the highest fare box recovery in the PSTA system, recovering
more than double the system's average. PSTA contracts the Jolley Trolley of
Clearwater to be the contracted operator for this service.
5.5 Approve a proposal from Construction Manager at Risk Wharton-Smith Inc., of Sanford,
Florida, in the amount of$252,889.00 for the Northeast Water Reclamation Facility
(WRF) Effluent Sand Filter Repairs project (18-0019-UT) and authorize the appropriate
officials to execute same. (consent)
On August 4, 2016, City Council approved the use of Construction Manager at
Risk Services (CMR) for Continuing Contracts with the following firms: Biltmore
Construction Co., Inc. of Belleair, FL; Cathey Construction and Development,
LLC of Mexico Beach, FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis
Contracting, Inc. of Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa,
FL; Keystone Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of
Thonotosassa, FL; and Wharton-Smith, Inc. of Sanford, FL for a period of four
years.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 under Request for Qualifications 24-16 based upon construction
experience, financial capability, availability of qualified staff, local knowledge and
involvement in the community.
The proposed project will remove existing filter media, clean and inspect the
media bed and replenish with new media. The project also includes other
miscellaneous work such as disposal of the existing filter media and
replacement of the ten air diffuser drop pipe assemblies.
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Project benefits include improved process efficiencies, ongoing rehabilitation of
treatment infrastructure.
Construction is expected to be completed within 120 calendar days from
issuance of Notice to Proceed.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the Marshall Street Water Reclamation Facility.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96664 $252,889
Funds are available in Utilities Renewal and Replacement project 96634, WPC
R and R, to fund the proposal.
5.6 Approve a proposal from Construction Manager at Risk (CMR) Keystone Excavators Inc.,
of Oldsmar, Florida, in the amount of$200,638.84 for the construction of Clearwater
Beach Roundabout Modifications (18-0031-EN) and authorize the appropriate officials to
execute same. (consent)
On August 4, 2016, City Council approved the use of Construction Manager at
Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc.
of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach,
FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of
Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone
Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL;
and Wharton-Smith, Inc. of Sanford, FL for a period of four years.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 under Request for Qualifications 24-16 based upon construction
experience, financial capability, availability of qualified staff, local knowledge and
involvement in the community.
In an effort to enhance traffic and pedestrian safety, modifications will be made
to the traffic roundabout on Causeway Boulevard. The scope includes removal
of decorative pavers on the interior of the roundabout and replacement with
landscaping; installation of decorative fencing to provide connectivity with
existing fencing; and removal of decorative paver sidewalks on Mandalay
Avenue and Coronado Drive which no longer function as designated pedestrian
walkways.
Construction duration is 60 calendar days with an anticipated start in October
2018.
APPROPRIATION CODE AND AMOUNT:
ENRD180004-CONS-CNSTRC $200,638.84
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Funding is available in capital improvement project ENRD180004, Streets and
Sidewalks, to fund the construction.
In response to questions, Engineering Specialist Bennet Elbo said staff will
ask for the contractor to provide a maintenance of traffic plan, work is
anticipated to be underway in October. The contractor will remove the pavers
and provide sod with geo webbing. Parks and Recreation will be installing
new landscaping. Engineering Assistant Director Tara Kivett said the
crosswalk is being removed and being replaced with landscaping,
discouraging pedestrians to walk through.
5.7 Approve the request from the owner of property addressed 355 South Gulfview Boulevard
to vacate a portion of South Gulfview Boulevard Right-of-Way that abuts their property
and pass Ordinance 9167-18 on first reading. (VAC2018-05)
The property owner has requested the City vacate the east 1/2 of South
Gulfview Boulevard right-of-way that abuts their property for the owners use in
development of the new Beach Walk Inn Hotel. The use of this vacated space
will be consistent with Beach by Design Development criteria and the Hotel
Density Reserve Development Agreement dated July 28, 2017 and recorded in
Official Records Book 19727, Pages 2465-2503. The Community Development
Board reviewed and approved the project as Case FLD2017-07012 in February
2018.
During construction of this new project, the owner will relocate, at his/her
expense, all private and public utilities and shall obtain approval and acceptance
of the various utility owners prior to completion. This project shall commence
vertical construction within two years of the effective date of this ordinance, or
this vacation will be rendered null and void, subject to the tolling of said time
period in the event the proposed Development is subject to pending litigation.
6. Fire Department
6.1 Approve acceptance of the Assistance to Firefighters Grant (AFG) for video
teleconferencing (VTC) systems at each Fire Station and Fire Training Building in the
amount of$304,257, matching funds of$30,425 (10%) and authorize the appropriate
officials to execute same. (consent)
The Assistance to Firefighters Grant Program, funded through the Federal
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Emergency Management Agency (FEMA), provides approved grants to
nationwide fire departments. The primary goal of the AFG is to enhance the
safety of the public and firefighters with respect to fire-related hazards by
providing direct financial assistance to eligible fire departments, nonaffiliated
Emergency Medical Services organizations, and State Fire Training Academies.
This funding is for critically needed resources to equip and train emergency
personnel to recognize standards, enhance operations efficiencies, foster
interoperability, and support community resilience.
In February 2018, the Resource Management Committee approved the request
of this grant. And in July 2018, the Fiscal Year 2017 Assistance to Firefighters
Grant Program awarded Clearwater Fire & Rescue $304,257 for video
teleconferencing systems. The match amount is $30,425 (10%) to be funded
from the Fire Department's operating budget.
The VTC systems will provide audio visual equipment to each fire station and
the fire training center to enhance the information and training that our members
receive. By allowing our members to receive some training while remaining in
their firehouse would allow them to remain available to run emergency calls, cut
down on vehicle maintenance and fuel, and allow our members to have an
interactive experience with everyone else participating in this training.
This equipment will also be useful during natural disaster such as hurricanes.
This will allow our administrative staff to have direct communications with each
fire house and allow for interactive communications during this time.
The Assistant Chief of Training will manage this grant and ensure all grant
requirements are met and guidelines are followed.
In anticipation of this grant, a capital project was created, and matching funds
budgeted for fiscal year 2018/19 to be funded with general fund revenues. Due
to acceptance required with in the current budget year, a third quarter
amendment will establish the project (G1803, Assistance to Firefighters Grant)
with a total budget of$334,682.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will establish capital improvement project
G1803, Assistance to Firefighters Grant, recognizing a budget increase of
$304,257 in grant revenue, and $30,425 in general fund revenue to fund this
contract.
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7. Planning
7.1 Approve ordinances amending previously adopted ordinances 9120-18, 9121-18, and
9122-18, which annexed and established the initial Future Land Use Map and Zoning
Atlas designations for 601 Moss Avenue; 807 Glen Oak Avenue East; 3006 and 3007
Lake Vista Drive; 3030 and 3065 Hoyt Avenue; 3035 Grandview Avenue; 3058, 3070
and 3076 Merrill Avenue; and 3120 and 3124 Wolfe Road; and pass Ordinances
9155-187 9156-18, and 9157-18 on first reading.
Ordinances 9155-18, 9156-18, and 9157-18 replace Ordinances 9120-18,
9121-18, and 9122-18, which were originally adopted on second reading by City
Council on April 4, 2018. Typographical errors in the legal descriptions for
certain properties in Exhibit A of the Ordinances were identified after adoption;
therefore, corrective ordinances are required.
The Planning and Development Department previously determined that the
annexation of these properties is consistent with the provisions of Clearwater
Community Development Code Section 4-604.E and with Florida Statutes
Chapter 171.044.
The Council recessed from 2:54 p.m. to 3:00 p.m.
7.2 Approve ordinances amending previously adopted ordinances 9134-18, 9135-18, and
9136-18, which annexed and established the initial Future Land Use Map and Zoning
Atlas designations for 1500 Country Lane West and 1505 Country Lane East; and pass
Ordinances 9158-18, 9159-18, and 9160-18 on first reading.
Ordinances 9158-18, 9159-18, and 9160-18 replace Ordinances 9134-18,
9135-18, and 9136-18, which were originally adopted on second reading by City
Council on May 3, 2018. Typographical errors in the legal descriptions for
certain properties in Exhibit A of the Ordinances were identified after adoption;
therefore, corrective ordinances are required.
The Planning and Development Department previously determined that the
annexation of these properties is consistent with the provisions of Clearwater
Community Development Code Section 4-604.E and with Florida Statutes
Chapter 171.044.
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7.3 Provide direction on the proposed Development Agreement between North Clearwater
Beach Development, LLC (the property owner) and the City of Clearwater, providing for
the allocation of 10 units from the Hotel Density Reserve under Beach by Design and
confirm a second public hearing in City Council Chambers before City Council on
September 6, 2018 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2018-04001; 657 Bay Esplanade).
Site History:
The City Council approved a Development Agreement along with a concept plan
and elevations on March 2, 2017 as part of application HDA2016-09001. That
approval was valid until March 9, 2018 by which time site plan approval was
supposed to have been obtained pursuant to Development Agreement Section
6.1.3.2. Unfortunately, the applicant allowed the extension deadline to pass
without submitting for building permit and the approval of the Development
Agreement expired.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single
seven-floor hotel with 27 hotel rooms (78 units per acre). The 27 proposed
units include 17 units otherwise permitted by the Resort Facilities High Future
Land Use classification and an additional 10 units from the Hotel Density
Reserve through Beach by Design. The building will be 75 feet (from Base
Flood Elevation) to roof with the parking on the first floor. The proposal includes
a tropical modern architecture, which is consistent with and complements the
tropical vernacular envisioned in Beach by Design.
The site will be accessed via two driveways with one two-way driveway located
at the northeast corner of the property and the second driveway (an
ingress-only) located at the northwest corner. The primary entrance and lobby
of the building will be located along Bay Esplanade on the second floor.
The first (ground) floor of the building will contain all 32 required parking spaces
as well as a solid waste component. The second through fourth floors contain
five hotel units each with the remaining three floors containing four rooms each.
The fifth floor also includes an open veranda. The roof level (available for
guests only) includes a pool, dog run, fitness room, restroom, a small bar and a
variety of seating and lounging areas.
The existing dock is proposed to remain and will function as an accessory use
to the proposed hotel and will be available only for hotel guests.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
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The subject property is 15,175 square feet in area and approximately 130 feet
wide. The proposed lot area and width may be approved as part of a Level Two
(FLD) application, subject to meeting the applicable flexibility criteria of the
Community Development Code
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of 16 feet along the front
(north) along Bay Esplanade and five feet along all other remaining sides of the
site. The conceptual site plan depicts setbacks to pavement of 10 feet along
the front (north) along Bay Esplanade and zero feet along all other remaining
sides of the site. The proposed setbacks may be approved as part of a site
plan application, subject to meeting the applicable flexibility criteria of the
Community Development Code.
Maximum Height:
Section A.1.c of the Old Florida District within Beach by Design specifically
addresses height. The proposal provides for a building 75 feet in height as
measured from BFE where a height of up to 75 feet is permitted for overnight
accommodations. The proposed height is also permitted by the CDC subject to
meeting the applicable flexibility criteria of the CDC and as approved as part of a
Level II Flexible Development application and as otherwise limited by Beach by
Design.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 27-room overnight accommodation use requires a minimum of 32 off-street
parking spaces. A parking garage located on the first levels of the building will
provide a minimum of 32 spaces. This is consistent with the applicable
Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along the street
frontage as required by Section A.6 of the Old Florida District within Beach by
Design. Since no perimeter landscape buffers are otherwise required in the
Tourist (T) District, the proposed landscape areas meet or exceed what is
required. It is noted, however, that flexibility may be requested/necessary as
part of a Comprehensive Landscape Program which would be reviewed at time
of formal site plan approval.
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Consistency with Beach by Design:
Old Florida District
Section A.1 specifies that overnight accommodations may be permitted up to a
height of 75 feet (except for those properties located along Somerset Street).
The property is not located along Somerset Street and a height of 75 feet is
proposed.
Section A.2 specifies that a 15-foot front setback is required as are 10 foot side
and rear setbacks. All setbacks are specifically to building. Section A.4
provides that a maximum reduction of five feet from any required setback (to
building) may be possible if the decreased setback results in an improved site
plan, landscaping areas in excess of the minimum required and/or improved
design and appearance, unimpaired access to mechanical features of a
building is maintained and applicable required stepbacks are increased. The
proposal includes a front setback of 16 feet and five foot setback on all other
sides (to building).
Section A.3 provides requirements for stepbacks and setbacks for building
exceeding 35 feet in height. Any development exceeding 35 feet in height shall
be required to incorporate a building stepback on at least one side of the
building (at a point of 35 feet). In the case of the subject property, the stepback
is required along the north side of the building along Bay Esplanade. This
section also specifies that a stepback/setback ratio, for this property is one foot
for every 2.5 feet in building height above 35 feet. Based on the height of the
building (75 feet), the required stepback is 16 feet. The total required
stepback/setback distance for this project as submitted from the front (north)
property line is 31 feet. The applicant has provided a 16 foot setback (to
building) and a 15 foot stepback at 35 feet for a total stepback/setback distance
of 31 feet as required.
Section A.6 requires a 10 foot landscape buffer is along all street frontages
where the proposal includes a landscape buffer area of 10 feet along Bay
Esplanade.
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
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Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
■ Provides for the allocation of 10 units from the Hotel Density Reserve;
■ Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
■ Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
■ Prohibits the conversion of any hotel unit allocated from the Hotel Density
Reserve to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage;
■ Provides evidence that the development complies with the Metropolitan
Planning Organization's (MPO) countywide approach to the application of
concurrency management for transportation facilities, and includes a
transportation analysis conducted for the development;
■ Provides that all units in a hotel receiving units from the Reserve shall be
made available to the public as overnight transient hotel guests at all times
through the required hotel reservation system;
■ That no hotel room in a hotel allocated units from the Reserve will have a full
kitchen;
■ That a reservation system shall be required as an integral part of the hotel
use and there shall be a lobby/front desk area that must be operated as a
typical lobby/front desk area for a hotel would be operated; and
■ Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
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Council Work Session Meeting Minutes August 13, 2018
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
In response to questions, Senior Planner Mark Parry said the applicant is on
the Hotel Density List twice, once for the original application and once for the
new application. The original application was approved in March 2017 and
expired March 2018. He said the parking requirements for overnight
accommodations have not changed, the parking requirement is 1.2 spaces
per unit.
A concern was expressed with the proposed number of parking spaces since
many of the units are multi-bedroom and may have more than one vehicle.
7.4 Continue Second Reading to September 6, 2018: Approve a Future Land Use Map
Amendment from the Residential Urban (RU), Residential Medium (RM), Residential High
(RH), Residential/Office General (R/OG), Institutional (1), Commercial General (CG), and
Recreation/Open Space (R/OS) categories to the Central Business District (CBD)
category for 968 parcels located in the Prospect Lake and Downtown Gateway Character
Districts of the Clearwater Downtown Redevelopment Plan, and pass Ordinance 9143-18
on second reading. (LUP2017-09004)
This Future Land Use Map amendment involves 968 parcels totaling 172.488
acres which are generally located south of Drew Street, east of Prospect
Avenue, north of Court Street, and west of Highland Avenue. The properties are
comprised of a mix of uses, including single and multi-family residential, office
and commercial, among others, and 33 of the parcels are vacant. The area is
largely built out and has an older housing stock, although some intermittent
redevelopment has occurred, including the Country Club Townhomes on Drew
Street. Commercial uses are found mostly along the Cleveland Street and Gulf
to Bay Boulevard corridors.
The request is to amend the Future Land Use Map designations of this area
from Residential Urban (RU), Residential Medium (RM), Residential High (RH),
Residential/Office General (R/OG), Institutional (1), Commercial General (CG),
and Recreation/Open Space (R/OS) to Central Business District (CBD). The
City is initiating this amendment to establish a uniform land use designation
across the Downtown Gateway and Prospect Lake Character Districts
consistent with the Downtown Plan. A companion rezoning application
proposes to amend the properties' zoning to the Downtown (D) District
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Council Work Session Meeting Minutes August 13, 2018
(REZ2017-09005, Ordinance 9144-18).
This future land use amendment and companion rezoning (REZ2017-09005)
were passed on first reading by City Council on June 7, 2018. Ordinance
9143-18 was amended on first reading to remove a parcel description from the
ordinance title that was inadvertently advertised as the parcel in question
already had the correct Central Business District (CBD) future land use
designation applied. This will ensure that the ordinance reflects the correct
number of parcels and the correct acreage being amended.
The Planning and Development Department previously determined that the
proposed amendment is consistent with the provisions of Clearwater
Community Development Code, Clearwater Comprehensive Plan, and the
Countywide Plan Rules.
As required by Florida Statutes, the proposed Future Land Use Map
amendment was submitted to the Florida Department of Economic Opportunity
(DEO) and other required State agencies and Pinellas County for review and
comment. The Planning and Development Department received responses
from DEO, Florida Department of Transportation, Florida Department of
Environmental Protection, Pinellas County, Tampa Bay Regional Planning
Council, and the Southwest Florida Water Management District stating they had
no comments on and/or objections to the proposed amendments. Therefore, no
changes to the proposed Future Land Use Map amendment were required.
7.5 Continue Second Reading to September 6, 2018: Approve a Zoning Atlas Amendment
from the Low Medium Density Residential (LMDR), Medium Density Residential (MDR),
Medium High Density Residential (MHDR), High Density Residential (HDR), Office (0),
Commercial (C), Institutional (1) and Open Space/Recreation (OS/R) Districts to the
Downtown (D) District for 969 parcels located in the Prospect Lake and Downtown
Gateway Character Districts of the Clearwater Downtown Redevelopment Plan, and pass
Ordinance 9144-18 on second reading. (REZ2017-09005)
In 2004, the City updated the Clearwater Downtown Redevelopment Plan
(Downtown Plan) to incorporate the "Gateway Expansion Area" [expanded
Community Redevelopment Area (CRA)] into the East Gateway, Town Lake
Residential, and Town Lake Business Park Character Districts. However, due
to certain requirements for Special Area Plans at the time, the City decided not
to pursue amendments to the future land use designations or zoning districts
for many of the properties in the expanded CRA, so they remained a mix of
categories although they were governed by the Downtown Plan. More recently,
the City has completed another update to the Downtown Plan, adopted by City
Council March 1, 2018 (Ordinance 9103-18). This update addressed the need
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to unify areas of the now Downtown Gateway and Prospect Lake Character
Districts with the rest of Downtown by amending the properties' land use and
zoning to Central Business District (CBD) future land use and Downtown (D)
District zoning.
This Zoning Atlas amendment involves 969 parcels totaling 174.788 acres
which are generally located south of Drew Street, east of Prospect Avenue,
north of Court Street, and west of Highland Avenue, including one parcel located
at the southeast corner of Myrtle Avenue and Chestnut Street that has a portion
not zoned as Downtown (D). The request is to change the properties' Zoning
Atlas designations from the Low Medium Density Residential (LMDR), Medium
Density Residential (MDR), Medium High Density Residential (MHDR), High
Density Residential (HDR), Office (0), Commercial (C), Institutional (1) and
Open Space/Recreation (OS/R) Districts to the Downtown (D) District. The City
is initiating this amendment to establish a uniform zoning district across the
Downtown Gateway and Prospect Lake Character Districts consistent with the
Downtown Plan, as well as the companion land use amendment to the Central
Business District (CBD) District (LUP2017-09004, Ordinance 9143-18).
This rezoning and companion future land use amendment (LUP2017-09004)
were passed on first reading by City Council on June 7, 2018. Ordinance
9144-18 was amended on first reading to update the number of parcels from
968 to 969 in order to add one parcel that was already designated with the
correct future land use designation but needed the proposed Downtown (D)
District zoning to be designated.
The Planning and Development Department previously determined that the
proposed amendment is consistent with the provisions of Clearwater
Community Development Code, Clearwater Comprehensive Plan, and the
Countywide Plan Rules.
8. Solid Waste
8.1 Pursuant to Chapter 2 Article VI, Division 4, Section 2.622, approve the list of vehicles or
equipment, authorize disposal through sale to the highest bidder and authorize the
appropriate officials to execute same. (consent)
All these vehicles were wrecked and were either deemed a total loss by Risk or
it was cost prohibitive to repair. The RMC approved the replacement of G4221,
G4245, G3805, and G3572 and their prospective replacements have already
been ordered. The department that G3417 belonged to has decided not to
replace it therefore no replacement will be ordered.
Due to the vehicles mentioned above have a value of more than $5,000.00
Council will need to approve for the disposal through sale to the highest bidder.
All vehicles have been replaced as necessary or are no longer required.
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APPROPRIATION CODE AND AMOUNT:
566-364413 TBD Surplus Vehicles
9. Official Records and Legislative Services
9.1 Amend City Council Policy 5-1, Application Fee Waivers. (consent)
At the July 30 work session, staff requested to exempt the Pinellas Suncoast
Transit Authority (PSTA) from plan review and permitting fees. Council directed
staff to amend Council Policy 5-1 and PSTA to the list.
Staff is recommending the following changes:
Application Fee Waivers. Generally, building permit, occupational license, plan
review and zoning-related application fees will not be waived except for City
projects and other governmental agencies. If staff believes special conditions
exist, such requests may be brought to the Council for consideration.
Application fee waivers for governmental agencies will include all governmental
projects including those in which the governmental agency is leasing property
from a third party, providing the governmental agency is the entity which applies
for and obtains the permit. PACT (Ruth Eckerd Hall) will be considered a
governmental entity when considering application fee waivers.
NOTE: The City Clerk's research regarding waiver of application fees shows the
following:
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundation -waive building permit fees
Pinellas County -waived building permit fees for work done by County
forces; waive fees for variance application
State of Florida -waive fees for variance applications
Clearwater Ferry -waive building permit fees
St. Petersburg College - refunded building permit fee for parking lot
Skye Lane Properties, LLC (Heritage Insurance) -waived permit,
application, inspection, and other fees via Resolution 14-03
Pinellas Suncoast Transit Authority -waived plan review and permitting
fees (council direction on 7/30/18)
None of the above includes waiving impact fees.
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10. Legal
10.1Adopt Ordinance 9145-18 on second reading, amending the future land use element of
the Comprehensive Plan by changing the land use designations of 47 properties which
are generally located north of Nicholson Street, west of the Pinellas Trail, east of
Clearwater Harbor, and within 285 feet north of Cedar Street, consisting of 10.848 acres
more or less, all within the City of Clearwater, from Residential Urban (RU), Institutional (1),
and Commercial General (CG), to Central Business District (CBD).
10.2Adopt Ordinance 9146-18 on second reading, amending the Zoning Atlas of the city by
rezoning 47 properties which are generally located north of Nicholson Street, west of the
Pinellas Trail, east of Clearwater Harbor, and within 285 feet north of Cedar Street,
consisting of 10.848 acres more or less, all within the City of Clearwater, from Low
Medium Density Residential (LMDR), Commercial (C), and Institutional (1), districts to the
Downtown (D) district.
10.3Adopt Ordinance 9179-18 on second reading, approving amendments to the charter
providing for a mayor-council form of government and eliminating the council-manager
for; approving the ballot question; authorizing the City Clerk to arrange for a special city
referendum election in conjunction with the regular federal, state and county election on
November 6, 2018.
10.4Request authority to settle certain municipal code enforcement liens imposed against real
property located at 3172 Wessex Way, Clearwater, FL 33716. (consent)
The City is the owner and holder of four code enforcement liens imposed
against real property located at 3172 Wessex Way (Property) and recorded in
the Official Records of Pinellas County at Book 19325, Page 1189; Book 19374,
Page 1758; Book 19214, Page 1091; and Book 19565, Page 522. The liens
have balances of$31,000.00, $69,000.00, $30,150.00, and $29,500.00,
respectively. The City incurred $6,529.80 in administrative costs in obtaining
the liens.
The liens accrued because a prior property owner failed to bring the Property
into compliance after being ordered to do so by the Municipal Code
Enforcement Board (MCEB). That owner eventually lost the Property in a
mortgage foreclosure lawsuit to the current property owner who has brought the
Property into compliance. Additionally, the current owner intends to sell the
Property to a prospective buyer on August 22, 2018.
The current property owner sought a lien reduction to administrative costs. The
MCEB granted this request for the liens recorded at Book 19325, Page 1189
and Book 19374, Page 1758. The City supported the current owner's lien
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Council Work Session Meeting Minutes August 13, 2018
reduction request. However, the MCEB's rules prohibit lien reductions for
"repeat violations." And unfortunately, the liens recorded at Book 19214, Page
1091 and Book 19565, Page 522 are repeat violations.
Therefore, authority is being sought to settle all four code enforcement liens
recorded at for$6,529.80 in exchange for which the City will release the liens
from the Property.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100 (Professional Services) to
fund this contract for this fiscal year and will be budgeted in this cost code for
each subsequent contract year.
In response to questions, Assistant City Attorney Michael Fuino said the
property is under new ownership and has been brought into compliance. The
new owner is seeking to sell the property.
11. City Manager Verbal Reports
The City Manager said the NAACP is holding a rally on Sunday at 5:00 p.m.
at the North Greenwood Aquatics Center.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.1 Stand Your Ground - Mayor Cretekos
Mayor Cretekos said in light of the community's response to the Drejka case,
he requested council consideration to adopt a resolution asking the State
Legislature to review the law and reconsider the call for a special session.
The resolution is similar to the one adopted by the County Commission.
Staff was directed to amend Section 1 as follows: "The Clearwater City
Council requests the State Legislature to reconsider Senator Darryl
Rouson's call for a special session of the State Legislature in order to
consider and review making changes to Chapter 776 of the Florida
Statutes."
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Council Work Session Meeting Minutes August 13, 2018
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). — None.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 3:18 p.m.
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City of Clearwater