09/05/2019 City Council Meeting Minutes September 5, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, September 5, 2019
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes September 5, 2019
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze,
Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and
Councilmember David Allbritton
Also Present: William B. Horne II — City Manager, Micah Maxwell — Deputy City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call — City Clerk and Nicole Sprague — Official
Records & 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. in Council Chambers at the
Main Library.
2. Invocation — Pastor Steve Kreloff from Lakeside Community Chapel
3. Pledge of Allegiance
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 2019 Clearwater/Nagano Sister Cities Exchange Student Post-Trip Presentations -
Christopher Hubbard, City Manager's Office
Combined brief post-trip presentations by the 2019 Clearwater/Nagano Sister
Cities High School and Young Ambassador students.
Students provided PowerPoint presentations and thanked Council for
their support and opportunity to visit Nagano.
4.2 CareFest Day Proclamation, September 28, 2019 - Lisa Walls of Somebody Cares Tampa
Bay
5. Approval of Minutes
5.1 Approve the minutes of the August 14, 2019 City Council Meeting as submitted in written
summation by the City Clerk.
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City Council Meeting Minutes September 5, 2019
Councilmember Allbritton moved to approve the minutes of the
August 14, 2019 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Tom Nocera said he opposed the petition to install speed bumps along
Drew Street because the area in question is not really a residential
neighborhood as there are only a few homes and he suggested
additional traffic enforcement as an alternative.
Paul Galiano said he did not live within the city but believes the
Clearwater Airpark is a very important city asset. He said he waited for the
police report to become public before raising any concerns as he believed
the report would corroborate his concerns.
Christina Joseph said her daughter was grateful for the opportunity to
serve on a city advisory board, she presented Lin, a Rotary student
exchange from Thailand she is hosting in her home.
Marcel Mohseni expressed concerns with the City's sewer connection
fees and annexation policy.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Set final millage rate of 5.9550 mills for fiscal year 2019/20 against non-exempt real and
personal property within the City of Clearwater and pass Ordinance 9322-19 on first
reading.
In accordance with Chapter 200 of the Florida Statutes, which defines
requirements for the Determination of Millage and the rules governing Truth in
Millage (TRIM) compliance, the City Council must hold two public hearings to
adopt a final millage rate for the new fiscal year. The adoption of this ordinance
to establish the millage rate and the two related budget ordinances are an
integral part of fulfilling these requirements.
The City Council set a tentative millage rate of 5.9550 mills on July 18, 2019,
which is the rate that appeared on the TRIM bill notices mailed to taxpayers in
August. The millage rate of 5.9550 mills represents a 6.01% increase from the
rolled back rate of 5.6176 mills.
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Ordinance 9322-19 is presented in order to adopt the millage rate of 5.9550
mills to support the operating and capital improvement budgets for the 2019/20
fiscal year.
Budget Manager Kayleen Kastel provided a PowerPoint presentation.
In response to a question, Ms. Kastel said the City does not receive all of
one's property tax bill. Approximately 29% of one's tax bill goes to the
City. For every$100,000 in taxable property value, the tax bill should
increase by$11.00.
Councilmember Polglaze moved to set final millage rate of 5.9550
mills for fiscal year 2019/20 against non-exempt real and personal
property within the City of Clearwater. The motion was duly
seconded and carried unanimously.
Ordinance 9322-19 was presented and read in full.
Councilmember Hamilton moved to pass Ordinance 9322-19 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
7.2 Approve the City of Clearwater Annual Operating Budget for the 2019/20 fiscal year and
pass Ordinance 9323-19 on first reading. (APH)
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearings to adopt the budget. The adoption of this ordinance and the related
ordinances adopting the 2019/20 millage rate and the Capital Improvement
Budget are an integral part of fulfilling these requirements.
On June 28, 2019, the City Manager provided the City Council with a Preliminary
Annual Operating and Capital Improvement Budget that outlined estimates of
revenues and expenditures for the 2019/20 fiscal year. The City Manager
presented the preliminary budget at the City Council meeting on July 18, 2019,
and at the August 22, 2019 Special Budget Council meeting for Council
discussion and citizen input.
Councilmember Allbritton moved to approve the City of
Clearwater Annual Operating Budget for the 2019/20 fiscal year.
The motion was duly seconded and carried unanimously.
Ordinance 9323-19 was presented and read by title only.
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Councilmember Polglaze moved to pass Ordinance 9323-19 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
7.3 Approve the fiscal year 2019/20 Annual Capital Improvement Budget, establish a six-year
plan for the Capital Improvement Program (CIP), and pass Ordinance 9324-19 on first
reading.
In accordance with Chapter 200 of the Florida Statutes and the rules governing
Truth in Millage (TRIM) compliance, the City Council must hold two public
hearing to adopt the final budget. The adoption of this ordinance and the related
ordinances adopting the 2019/20 millage rate and operating budget are an
integral part of fulfilling these requirements.
On June 28, 2019, the City Manager provided the City Council with a Preliminary
Annual Operating and Capital Improvement Budget that outlined estimates of
revenues and expenditures for the 2019/20 fiscal year. The City Manager
presented the preliminary budget at the City Council meeting on July 18, 2019,
and at the August 22, 2019 Special Budget Council meeting for Council
discussion and citizen input.
Vice Mayor Cundiff moved to approve the fiscal year 2019/20
Annual Capital Improvement Budget, establish a six-year plan for
the Capital Improvement Program (CIP). The motion was duly
seconded and carried unanimously.
Ordinance 9324-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9324-19 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
7.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years
2019/20 through 2029/30. (APH)
On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance
established the requirement for a special hearing prior to adoption of the capital
improvement budget to discuss the use of Penny for Pinellas tax, and at any
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time in which there is any proposed change to the Penny for Pinellas project
funding of$500,000 or more.
Changes to Penny for Pinellas projects that meet the criteria in the proposed
2019/20 capital improvement budget and six-year plan include the following:
• Aviation Operations Center- This project, which provides funding for
a replacement of the airpark operations center, is being postponed from
fiscal year 2019/20 to 2022/23.
• Fire Engines/Ladder Truck Replacement - The replacement
schedule for fire ladder trucks is being changed to advance the planned
replacement from fiscal year 2020/21 to 2019/20 and eliminate the
replacement in fiscal year 2022/23 which is not needed due to life cycle
of current ladder trucks. The funding for fire engine replacements are
being changed to postpone fiscal year 2019/20 to 2020/21 and add an
engine replacement in fiscal year 2022/23 reallocating funding from the
ladder truck. This project in total is being reduced by $1,000,000 due to
elimination of one ladder truck replacement.
• Police District III (Countryside Substation) - This project, which
provides for construction of replacement patrol operations and training
facilities at the Countryside Substation, is being increased by
$6,000,000.
• Waterfront/Bluff Masterplan (Imagine Clearwater) - This project,
which provides funding for the revitalization project for the downtown
Clearwater waterfront and Coachman Park, is being increased by
$6,500,000.
• Downtown Parking Garage - This project, budgeted at a total of
$10,500,000 planned in fiscal years 2025/26 and 2026/27, is being
eliminated from the Penny for Pinellas project list. Funding will instead
be provided by Parking revenues, reallocating Penny for Pinellas
revenues to fund other projects.
• Ed Wright Park Renovations / Neighborhood Parks Renovations -
The remaining Penny III funding of$260,0000 in the Neighborhood Parks
Renovations project is being transferred to the Ed Wright Park
Renovations project to provide additional funding needed to complete the
park renovations.
Councilmember Allbritton moved to approve the recommended
Penny for Pinellas project list, as revised for Fiscal Years 2019/20
through 2029/30. The motion was duly seconded and carried
unanimously.
7.5 Provide direction on the proposed first amendment to an existing Hotel Development
Agreement (HDA2014-07004) between Decade Sea Captain, LLC (the property owner)
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and the City of Clearwater for property located at 40 Devon Drive, which replaces Exhibit
A to provide an updated legal description and replaces Exhibit B to provide new
conceptual site plans and elevations, reduce the overall height of the proposed hotel
building, add a detached dwelling to the portion of the property within the Low Medium
Density Residential (LMDR) District and sets a new date by which time site plan approval
must be obtained and confirm a second public hearing in City Council Chambers before
City Council on September 19, 2019 at 6:00 p.m., or as soon thereafter as may be heard.
(H DA2014-07004A).
Location and Existing Conditions:
The 0.831-acre parcel is located on the north side of Devon Drive,
approximately 150 feet east of Coronado Drive. The subject property was most
recently developed with a 27-room motel which has been demolished and the
site is vacant with the exception of some remnant paving. The subject site has
approximately 175 feet of frontage along Devon Drive. Most of the subject
property, the west 0.659 acres (upland), is zoned Tourist (T) District with a
corresponding future land use classification of Resort Facilities High (RFH) and
is within the Small Motel district of the Beach by Design. The eastern 0.171
acres (upland) is within the Low Medium Density Residential (LMDR) District
with a corresponding Future Land Use classification of Residential Urban (RU).
This portion of the site is not within the Beach by Design planning area.
Vehicular access to the site is provided via three curb cuts along Devon Drive
with two driveways providing access to the parking garage component and a
third driveway providing access for servicing (solid waste).
The immediate area is characterized by a variety of uses including overnight
accommodations, retail, outdoor recreation/entertainment, restaurants,
attached dwellings and detached dwellings uses. The City's Beach Walk
project has been constructed farther to the west transforming South Gulfview
Boulevard into a winding beachside promenade with lush landscaping, artistic
touches and clear views to Clearwater's award-winning beach and the water
beyond. Coronado Drive has also been improved over the last several years
with new sidewalks, decorative brick edging and details, crosswalks, lighting
and street trees.
Site History:
➢ On December 21, 2010, the Community Development Board (CDB)
approved Case FLD2010-08004 to permit an 85-unit overnight
accommodation use in the Tourist (T) District. This approval has since
expired.
➢ On January 13, 2011, the City Council approved the allocation of up to 53
units from the Hotel Density Reserve under Beach by Design (DVA2010-
08001) and adopted a resolution to the same effect (Res. 11-01). The
owners proposed to develop the site with an 85-unit overnight
accommodations use as related to case FLD2010-08004. This agreement
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has since expired.
➢ On May 21, 2013, the Community Development Board (CDB) approved
Case FLD2013-02007 to permit an 85-unit overnight accommodation use in
the Tourist (T) District. This agreement has since expired.
➢ On June 19, 2013, the City Council approved the allocation of up to 53 units
from the Hotel Density Reserve under Beach by Design (Case DVA2010-
08001A) and adopted a resolution to the same effect (Res. 13-06). The
owners proposed to develop the site with an 85-unit overnight
accommodations use related to case FLD2013-02007. This agreement has
since expired.
➢ On October 15, 2014, the City Council approved the allocation of up to 66
units from the Hotel Density Reserve under Beach by Design (Case
HDA2014-07004) and adopted a resolution to the same effect (Res. 14-32).
The owners propose to develop the site with a 98-unit overnight
accommodations use related to case FLD2015-02006. This agreement is
still valid. The current proposal under consideration is to amend this
Development Agreement.
➢ On April 21, 2015, the Community Development Board (CDB) approved,
Case FLD2015-02006 to permit a 98-unit overnight accommodation use in
the Tourist (T) District. This approval is still valid although unconstructed.
➢ On September 14, 2018, a proposal for a minor revision to FLD2015-02006
was submitted with a several changes to the building most of which are
related to the removal of most of the parking component from the building
except for 10 spaces on the ground floor. All required 118 spaces will be
accommodated in a five-story parking garage proposed directly to the south
across Devon Drive which has been approved as part of FLD2018-06020.
This change resulted in the removal of one floor from the building. The
minor revision also included minor changes to the fagade of the building.
The request was deemed to be a Minor Revision pursuant to CDC Section 4
-405.A.1 through 9 and a Development Order to that effect was issued on
September 24, 2018.
The specific changes were as follows:
1. Most of the parking component has been removed from the building with
the exception of 10 spaces on the ground floor. All required 118 spaces
will be accommodated in a five-story parking garage proposed directly to
the south across Devon Drive which has been approved as part of
FLD2018-06020. This results in there being 10 additional provided
spaces;
2. With the removal of one floor of parking the building height has been
reduced to 77 feet (to roof) with an additional 22 feet for mechanical
equipment. The overall height from Base Flood Elevation to highest
architectural feature will be 99 feet;
3. The fifth-floor pool and patio at the east side of the building has been
moved to grade at the north side of the site with the shape of the building
footprint modified to accommodate and reflect the new location of the
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pool and patio;
4. Balconies along the east fagade have been reduced in scope;
5. Balconies and the number of windows along the south fagade have
been reduced in accordance with the reduction in building height and
change in building footprint;
6. Balconies and windows have been reduced in accordance with the
reduction in building height and change in building footprint; and
7. Landscape area along the south side of the site along Devon Drive has
been reduced to accommodate a front plaza/pedestrian entryway.
➢ On September 18, 2018, the Community Development Board (CDB)
approved, Case FLD2018-06020 to permit a parking garage in the Tourist
(T) District for the properties located at 101 Coronado Drive and 41 Devon
Drive. This application is peripherally related to the subject site as it
provides 118 parking spaces for the proposed hotel. This approval is still
valid although unconstructed.
➢ Concurrent with this HDA amendment, an application for an amendment
(FLD2015-02006A) to the approved and valid Level II Flexible Development
application, FLD2015-02006 has been submitted and is scheduled to be
reviewed by the Community Development Board on October 15, 2019.
It is important to note that the development potential including density, Gross
Floor Area (GFA) and Impervious Surface Ratio (ISR) with regard to the
approved hotel was based solely on the portion of the site within the T District
and that no development potential with regard to the portion of the site within the
LMDR District was used. In other words, while the site is one parcel with two
zoning districts and the intensity of use specific to each respective zoning
district has been applied only to the land area associated with each zoning
district.
Development Proposal:
The proposal is to maintain the development proposal on the portion of the site
plan within the T District as approved as part of FLD2015-02006 (and as
amended through the above noted minor amendment) and HDA2014-07004 and
to add a detached dwelling on the portion of the site within the LMDR District.
That portion of the site was originally intended to only contain the stormwater
component for the portion of the site within the T District. This component will
be redesigned to accommodate the proposed detached dwelling while also
providing adequate stormwater capacity.
The detached dwelling will be accessed via a single driveway which connects to
the proposed parking garage component of the hotel site; no new curb cuts are
proposed. The proposed detached dwelling will be 30 feet in height as
measured from Base Flood Elevation. Two code-compliant parking spaces will
be accommodated at-grade under the building. Setbacks of five feet and 25
feet are required and provided along the south (side) and rear (east),
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respectively. It should be noted that the rear (east) property line does not follow
along the seawall but, rather, extends into the water. The building will be
setback eight feet from the seawall which will require flexibility from the Building
Department to allow structures within 18 feet of a seawall. Sight visibility
triangles of 20 feet by 20 feet are required and provided at the southeast and
northwest corners of the site.
No changes to the hotel component beyond that as otherwise approved through
the noted minor amendment are proposed.
The changes to the Development Agreement are listed below:
■ Section 4.1: Adds the proposed detached dwelling as a use to the site in
addition to the 98-unit hotel and specifies that the hotel component is only
located on the T District portion of the site and the detached dwelling
component is only located on the LMDR District portion of the site.
■ Section 4.4: Decreases the height of the building from 100 feet to 77 feet.
■ Section 4.5: Clarifies that the intensity of use within the LMDR District
portion of the site is limited to one dwelling unit, specifies a height of the
detached dwelling of 30 feet from BFE.
■ Section 6.1.7: Clarifies that no unit within the T District portion of the site
shall have a complete kitchen facility as defined by the Community
Development Code. This is to allow the detached dwelling to include a full
kitchen as allowed by the Community Development Code.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-202, the minimum required lot area and width for
detached dwellings is 5,000 square feet and 50 feet, respectively. The portion
of the subject property within the LMDR District is 7,473 square feet in area and
does not include any actual frontage along a street right-of-way; the subject
portion of the property comes to a sharp angle where the LMDR and T Districts
meet. The proposal is consistent with these Code provisions.
Minimum Setbacks:
Pursuant to CDC Table 2-202, the minimum required front, side and rear
setbacks for waterfront properties are five and 25 feet, respectively. The
proposal includes a side (south) setback of a minimum of five feet and a rear
setback of 25 feet. Please note that the rear property line does not follow the
center line of the seawall but, rather, extends farther out over submerged land.
The detached dwelling is not adjacent to a front property line. The proposal is
consistent with these Code provisions. No changes are proposed to any
setback previously approved for the hotel component.
Maximum Height:
Pursuant to CDC Table 2-202, the maximum permitted height for detached
dwellings is 30 feet. Please note that height is measured from the point from
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which minimum floor elevations in flood prone areas have been established by
law to the highest finished roof surface in the case of a building with a flat roof.
The proposed building height of 30 feet is consistent with this CDC section.
The building height of the hotel is proposed at 77 feet with an additional 22 feet
to the top mechanical equipment enclosures where the height as approved as
part of HDA2014-07004 and FLD2015-02006 was 100 feet with an additional 25
to the top of mechanical equipment enclosures.
Minimum Off-Street Parkinq:
Pursuant to Table 2-202 parking for detached dwellings is two spaces per unit
where two spaces are provided which is consistent with this CDC section. The
hotel component will continue to include a minimum of 118 parking spaces (1.2
spaces per hotel unit).
Landscapinq:
While a formal landscape plan is not required to be submitted for review at this
time, a landscape plan was approved as part of FLD2015-02006. A landscape
plan substantially the same as that as approved has been submitted as part of
FLD2015-02006A.
Consistency with Beach by Design:
Design Guidelines:
The portion of the site within the LMDR district is not within the Beach by
Design planning area and is, therefore, not subject to the Beach by Design
Design Guidelines. The hotel component continues to be consistent with the
applicable Design Guidelines established in Beach by Design.
Hotel Density Reserve:
The proposal includes no change in the number of units (66 units) previously
allocated from the Reserve and continues to be in compliance with those
criteria established within Beach by Design concerning the allocation of hotel
rooms from the Reserve including that the development comply with the
Metropolitan Planning Organization's (MPO) countywide approach to the
application of traffic concurrency management for transportation facilities.
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 no change in the number of units (66 units) allocated from the
Hotel Density Reserve (previously approved as part of HDA2014-
07004/Resolution 14-32);
■ Clarifies that a full kitchen is permissible for the proposed detached
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dwelling;
■ Clarifies that the rental period for the detached dwelling shall not include
rentals for periods of less than 31 days or one calendar month, whichever is
less, or which is advertised or held out to the public as a place rented for
periods of less than 31 days or one calendar month, whichever is less.
■ Limits the proposed height of the detached dwelling to no more than 30 feet;
■ Revises Exhibit A which updates the legal description;
■ Revises Exhibit B which includes new conceptual site plans, architectural
drawings, elevations and perspectives;
■ Requires the developer to obtain building permits within one year of approval
of the amended and restated Development Agreement 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;
■ For units allocated from the Hotel Density Reserve, prohibits the conversion
of any hotel unit to a residential use and requires the recording of a covenant
restricting use of such hotel units to overnight accommodation usage; 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.
■ 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,
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 southeast
portion of the lot falls under the LMDR district, the applicant proposes to
construct a detached single-family home on that portion, which is permitted
by code. Currently, there is nothing built on the LMDR portion of the lot.
Although
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the single-family home is a permitted use, the request must come before
the Council because it is amending the site plan associated with the
hotel development agreement. Mr. Parry said the single-family home
will abut another residence.
Councilmember Polglaze moved to confirm a second public
hearing in City Council Chambers before City Council on
September 19, 2019 at 6:00 p.m., or as soon thereafter as may be
heard. The motion was duly seconded and carried unanimously.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9304-19 on second reading, vacating the east 1.5 feet of a platted 30
foot drainage easement lying over that portion of property described in Official Records
Book 10868, Page 781, also being a portion of Lot 6, Brookhill Terrace, as recorded in
Plat Book 49, Page 14, of the Public Records of Pinellas County, Florida.
Ordinance 9304-19 was presented and rad by title only. Vice
Mayor Cundiff moved to adopt Ordinance 9304-19 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
8.2 Adopt Ordinance 9305-19 on second reading, amending the Clearwater Code of
Ordinances, Appendix A, Schedule of Fees, Rates, and Charges, Article XXIV, Public
Works - Fees, Rates, and Charges, Section (3)(E) Stormwater Management Utility
Rates.
Ordinance 9305-19 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9305-19 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
8.3 Adopt Ordinance 9306-19 on second reading, vacating the north portion of a 50 foot
right-of-way of Meadow Lark Lane (Also known as Meadowlark Lane) in revised map,
Town of Bay View, as recorded in Plat Book H6, Page 23, of the Public Records of
Hillsborough County, Florida, of which Pinellas County was once a part; lying south of Gulf
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to Bay Boulevard (State Road 60) and North of a line located parallel and 330 feet south
of the East/West centerline of Section 16, Township 29 South, Range 16 East, also being
the centerline of Gulf to Bay Boulevard (State Road 60); less the 25 foot portion
previously vacated as recorded in Official Records Book 19332, Page 1499, of the
Public Records of Pinellas County, Florida.
Ordinance 9306-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9306-19 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
8.4 Adopt Ordinance 9307-19 on second reading, amending the Clearwater Code of
Ordinances - Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public
Works - Fees, Rates, and Charges, Sections (3)(C) Solid Waste Collection Rates, (3)
(D), Recycling and (5) Other Miscellaneous Charges.
Ordinance 9307-19 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 9307-19 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9. City Manager Reports
9.1 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local
Housing Incentive Certification for the closeout year 2016-2017 and interim years
2017-2018 and 2018-2019 and allow the appropriate officials to execute same.
The Florida Legislature enacted the William E. Sadowski Affordable Housing Act
(Act) in 1992. The Act created a dedicated revenue source for state and local
housing trust funds including the State Housing Initiatives Partnership (SHIP)
Program.
Through the SHIP Program, the Economic Development and Housing
Department has provided funding for the following housing activities:
Downpayment and closing costs assistance of existing structures; the
construction of new dwellings; the rehabilitation of owner-occupied single-family
dwellings; and the construction, acquisition, and rehabilitation of rental
properties.
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All local governments receiving SHIP funds must submit their annual report to
the Florida Housing Finance Corporation by September 15 of each year. The
annual report provides details of expended and encumbered funds. The report
also provides information on the strategies funded, the number of households
served, and income category, age, family size, race and other data regarding
special needs populations such as homeless persons, persons with disabilities
and the elderly. The report is submitted electronically to the State of Florida.
For closeout year 2016-2017, the City received $722,636 from the state annual
distribution which includes a special allocation of$15,741 for homebuyer
education, $213,239.21 in program income and related interest, and carryover
of a negative balance of$13,501.53 from previous year funds. The department
assisted 29 families utilizing its approved strategies. The department also used
these SHIP funds and SHIP program income to match federal program funds to
support other existing housing programs.
SHIP funding has a positive impact on the City's economy, as evidenced by
activities in closeout year 2016-2017, where the City expended $845,610.40 on
SHIP strategies in SHIP dollars to leverage over $3.8 million in other funds.
Economic Development and Housing Assistant Director Chuck Lane
provided a PowerPoint presentation.
Staff was directed to draft a letter urging the Florida Legislature to use the
Sadowski funds only for its intended purpose.
Councilmember Polglaze moved to approve State Housing
Initiatives Partnership (SHIP) Program Annual Report and Local
Housing Incentive Certification for the closeout year 2016-2017
and interim years 2017-2018 and 2018-2019 and allow the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.2 Approve the Fiscal Year 19-20 through Fiscal Year 21-22 Three-Year Local Housing
Assistance Plan for Pinellas County Housing Trust Fund and adopt Resolution 19-22.
To increase resources to address the shortage of affordable housing in Pinellas
County, the Board of County Commissioners adopted Resolution 05-237 to
authorize the establishment of the Pinellas County Community Housing Trust
Program. The Program was created for the purpose of providing funds to
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City Council Meeting Minutes September 5, 2019
promote homeownership and to expand the production and preservation of
rental and owner-occupied affordable housing to very low-, low-, and
moderate-income households.
County Ordinance 06-28 was subsequently adopted establishing the Housing
Trust Fund. The Pinellas County Housing Finance Authority, on behalf of the
Board, oversees the administration of the trust fund.
Under the proposed three-year plan, the Housing Division of the Economic
Development & Housing Department will expend $228,579 comprised of
program delivery and administration of funds. These funds are available from
the existing cash balance and future program income and will serve to further
the City's efforts in affordable housing. The program goals and objectives are
consistent with the Four-Year Consolidated Plan that was approved by the City
Council on July 21, 2016.
Each jurisdiction receiving or expending funds is required to submit an
application that includes a Local Housing Assistance Plan that proposes how
the jurisdiction will utilize the funds. The county and the cities are using State
Housing Initiatives Partnership (SHIP) guidelines as a general template for the
use of funds. Per the county's requirements, funds will be leveraged at a ratio
of not less than 2:1. Clearwater's proposed use of funds to administer each of
the three main strategies are: 1) produce new rental and owner housing; 2)
preserve existing rental and owner housing; and 3) general program
administration.
In response to a question, Economic Development and Housing
Assistant Director Chuck Lane said Pinellas County has taken some of
the Penny for Pinellas 4 funds for economic development and housing,-
approximately
ousing,approximately$180 million over a ten-year period. It appears the funds
will be used to acquire land, allowing municipalities to leverage funds for
construction.
Vice Mayor Cundiff moved to approve the Fiscal Year 19-20
through Fiscal Year 21-22 Three-Year Local Housing Assistance
Plan for Pinellas County Housing Trust Fund. The motion was
duly seconded and carried unanimously.
Resolution 19-22 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 19-22. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
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Vice Mayor Cundiff and Councilmember Allbritton
9.3 Approve settlement of a property damage liability claim (19-000130) for payment of
$130,808.25 to HGBrown and Associates, LLC, the property owner, with a general
release of all claims and authorize the appropriate officials to execute same.
On June 27, 2019, a city water main broke near the entrance of the Best Buy
store located at US 19 N and Drew Street. The water released intruded into the
asphalt sublayer of a section of the parking lot and caused a rippling of the
surface, impairing and limiting access to tenants' stores on the property. The
property owner, HGBrown &Associates, LLC, is asking the City to repair the
areas where the parking lot had to be cut to reach the main water line and for
peripheral damage caused by the water intrusion to parts of the parking lot. The
tenants affected include Best Buy, and Rooms To Go. HGBrown &Associates
have agreed to settle this claim for$130,808.25 pending city council approval.
The Risk Management Division and the City's Claims Committee recommend
approval of this settlement.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
APPROPRIATION CODE AND AMOUNT:
5907590-545900 $130,808.25
Councilmember Allbritton moved to approve settlement of a
property damage liability claim (19-000130) for payment of
$130,808.25 to HGBrown and Associates, LLC, the property
owner, with a general release of all claims and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.4 Approve the purchase of excess liability, excess workers compensation, and numerous
specialty insurance policies from October 1, 2019 through September 30, 2020 at an
amount not to exceed $875,000 and authorize the appropriate officials to execute same.
The Risk Management Division of the Finance Department purchases certain
excess and specialty insurance policies through the efforts of Arthur J.
Gallagher and Company.
These policies include an excess liability package through Lloyds's of London
for coverages including General Liability, Automobile Liability, Employee
Benefits Liability, Public Officials Liability, Personal Injury Law Enforcement
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Liability, Marine Operator's Liability, EMS Liability, and Compressed Natural Gas
Liability; an excess workers compensation package through Safety National for
coverages including Workers Compensation and Employer Liability; and
additional excess policies for Third Party Storage Tank Liability, Hull Protection
and Indemnity, Cyber Liability and numerous flood policies.
Last year the City obtained a two-year rate guarantee agreement with Brit, the
liability carrier, and this renewal marks the beginning of the final year. Due to the
City's increase in operating expenses, employee and city population growth, this
premium increased by 4.08% to $289,875 on excess package policies. Brit will
consider another multi-year rate agreement after the end of this renewal policy.
The premium for excess Workers Compensation coverage increased by 6.85%
to $334,788 for fiscal 2020 due to the City's payroll growing. Safety National has
agreed to keep the renewal premium rate through 2021.
Risk Management is also estimating an increase of 10 - 15% for the additional
excess policies, and a 10% increase for the various flood policies.
This request includes a contingency of$16,876.25 to accommodate any other
unforeseen increases.
The total requested not-to-exceed amount of$875,000 is a 7.36% increase over
fiscal 2019 not-to-exceed of$815,000.
APPROPRIATION CODE AND AMOUNT:
5907590-545100 $875,000
Councilmember Polglaze moved to approve the purchase of
excess liability, excess workers compensation, and numerous
specialty insurance policies from October 1, 2019 through
September 30, 2020 at an amount not to exceed $875,000 and
authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
9.5 Approve an increase to Purchase Order No. 19000957 with Marlin Gas Services, LLC, in
the amount of$140,000, to provide portable natural gas service to the Del Webb
residential community in Pasco County.
CGS (Clearwater Gas System) has been using Marlin Gas, who provides
portable natural gas tanks to serve the Del Webb subdivision, located north of
State Road 54 and east of the Suncoast Parkway, in Pasco County. This
neighborhood is currently not connected to the CGS distribution system. The
Marlin tanks are connected into the CGS distribution system within the
neighborhood to serve the residential homes.
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The reason for the increase is because CGS still needs to extend the
distribution main approximately two miles, along Tower Rd (aka Bud Bexley
Parkway), to serve this community. One of the biggest challenges is that
portions of Tower Rd are not developed as a continuous roadway. This has
delayed getting the main extended. CGS is waiting on a permit from Pasco
County to run in their right-of-way. Also, CGS needs to obtain two separate
easements from property owners to run the line along Tower Rd, as some
portions of the road are not dedicated right-of-way yet. Once these permits and
easements are issued, it will take approximately 4 months to extend the gas line
along Tower Rd to serve the Del Webb community. The goal is to have the
permanent gas line extended to the Del Webb subdivision by March 2020.
The original purchase order (PO) was approved in March 2019 at $40,000. The
City Manager approved an increase of$60,000 in August 2019. With this
increase, the new PO total will be $240,000. Based on projected invoice
amounts, CGS will have approximately $30,000 remaining on the PO after
March 2020. These funds will be utilized for any future emergency portable gas
requirements.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in 4232078-531300
In response to questions, Gas System Assistant Director Brian Langille said
the purchase order will cover service through March 2020. The Department
has the right-of-way permit from Pasco County but certain portions of the
road are private property, requiring dedicated easement. He said the
dedicated easements should be received within the next month.
Construction of the road will take several months since it is currently under
water. Gas System Managing Director Chuck Warrington said the item
before Council addresses the front subdivision, there is approximately
15,000 homes yet to be platted. If approved by Council, the Department will
be able to provide gas service for the first set of homes and set the stage for
future homes. Mr. Langille said the portable gas service is connected to
Clearwater Gas'distribution lines in the
neighborhood.
One individual questioned if property taxes are used to expand
residential gas service.
It was stated residents wishing to acquire gas service in their
neighborhood contribute for the gas line expansion.
Vice Mayor Cundiff move to approve an increase to Purchase
Order No. 19000957 with Marlin Gas Services, LLC, in the amount
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City Council Meeting Minutes September 5, 2019
of $140,000, to provide portable natural gas service to the Del
Webb residential community in Pasco County. The motion was
duly seconded and carried unanimously.
9.6 Award Invitation to Bid Number 45-19, Galvanized Pipe and Fittings, to Bert Lowe Supply
of Lakeland, Florida and Empire Pipe Orlando of Sanford, Florida, for the supply of
galvanized pipe and fittings, in the annual not-to-exceed amount of$140,000 with option
for two one-year term extensions and authorize the appropriate officials to execute same.
Invitation to Bid (ITB) #45-19 was issued in July 2019 for the supply of galvanized
pipe and fittings for the Clearwater Gas System (CGS). Seven bids were
received. Product samples from multiple vendors were reviewed and evaluated
for specification compliance and suitability for application. Products were
represented in 10 Groups of fittings and 1 Group of galvanized pipe, with the
intention to award by group.
Two vendors, Bert Lowe Supply and Empire Pipe Orlando, are recommended for
award, representing the most responsive and responsible low bidders, meeting
the specifications for Bid #45-19 and having excellent references.
For placing orders, the primary award is as follows: Groups 2, 3, 5, 9 and 10 to
Empire Pipe, and Groups 1, 4, 6, 7, 8 and 11 to Bert Lowe Supply. To ensure a
continuity of supply, flexibility to order product from either vendor as a secondary
source, and tertiary from the open market is included in this recommendation.
All materials are code approved and will be used in Clearwater Gas System's
distribution network for new customers' house piping; existing meters and related
piping/fittings are replaced as they reach the end of their useful life.
APPROPRIATION CODE AND AMOUNT:
Capital project funds are available in Gas' New Mains and Service Lines
323-96377 (Pinellas) and 323-96378 (Pasco)
• FY 19 $11,667 (1 month)
Future fiscal year capital project funding will include:
• FY20 $140,000
• FY21 $140,000
• FY22 $128,333 (11 month)
In response to a questions, Gas System Assistant Director Brian Langille
said Clearwater Gas revenues are used to fund the budgeted items. Gas
System Managing Director Chuck Warrington said there are approximately
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City Council Meeting Minutes September 5, 2019
100 employees in the department and approximately 30 Full-Time Equivalent
contracted employees.
Councilmember Hamilton moved to award Invitation to Bid
Number 45-19, Galvanized Pipe and Fittings, to Bert Lowe Supply
of Lakeland, Florida and Empire Pipe Orlando of Sanford, Florida,
for the supply of galvanized pipe and fittings, in the annual
not-to-exceed amount of $140,000 with option for two one-year
term extensions and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
9.7 Approve purchase orders for payment of premiums to various providers under the City's
1% life insurance program in the annual not-to-exceed amount of$150,000 for the period
October 1, 2019 through September 30, 2022 and authorize the appropriate officials to
execute same.
The City maintains a benefit for employees referred to as the 1% life insurance
program. The program provides for employees to contribute up to 1% of their
annual salary toward life insurance premiums with the City matching that
amount. Effective October 1, 2008, no new enrollments in the program are
permitted, but grandfathered employees are allowed to continue participation.
This program was replaced for CWA represented employees with life insurance
coverage of$50,000 provided by Unum.
Pursuant to City Code section 2.564 (1)0) Contracts of Insurance, insurances
are exempt from competitive solicitation.
This request is to approve new three-year agreements with each of the
following insurers for ongoing participants:
Axa Equitable Life Insurance Company, $7,000
Prudential Insurance Company, $6000.00
Western Premier Life Insurance Company, $10,000
Principal Life Insurance Company, $29,000
New York Life Insurance Company, $98,000
APPROPRIATION CODE AND AMOUNT:
Funds for City contributions to this program are included in the annual budget.
Councilmember Allbritton moved to approve purchase orders for
payment of premiums to various providers under the City's 1%
life insurance program in the annual not-to-exceed amount of
$150,000 for the period October 1, 2019 through September 30,
2022 and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
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9.8 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, 2020 through December 31, 2020, at a total not-to-exceed amount
of$20 million, to be funded by city budgeted funds, payroll deductions of employee and
retiree premiums.
Historically, the City's health care costs have escalated due to increased
inflation in health care expenses (approximately 9% to 12% annually) which are
reflected in the City's claims experience. The result was increased costs for
the City, the employees, family members, and retirees who participated in the
city plan.
In recent years, the City has seen cost increases trending downward, which
can be attributed to savings incurred by shifting costs from the medical plan to
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 2019, the
projected increase was 4.4%. This increase was due to several large claims.
The majority of the City Benefits Committee agreed that the employees would
pay the employee share of the increase and return to the 75%, 68% shared
cost.
For plan year 2020, the projected increase is 5.0% for the self-funded medical
program. This increase is primarily driven to maintain adequate funding to cover
projected medical trend increases and cover continued current large claim
costs, as well as, the addition of a preventative screening incentive program.
The plan continues to run well. As of June 2019, the plan spend is below
budgeted expenses by 7.8%. The City Benefits Committee unanimously voted
to renew with the 5% increase at the 75%/68% contribution scenario for
dependent coverage.
Upon review of the current preventative screening utilization, the addition of the
incentive program "Motivate Me" is recommended. Under this program
employees will receive incentives (up to $200 per year) after participating in
various preventative healthcare activities such as general health screenings at
the Employee Health Center, and more advanced screenings such as
colonoscopies and mammograms, and chronic health condition coaching.
These rewards are directly tied to cost drivers on the City's medical plan and
are an essential part of controlling increases over the long term. All incentive
costs are included in the medical plan funding.
The estimated contract increase for 2020 is $994,324. The City's fiscal 2020
budget is $18,919,650 which includes $17,219,650 million across all operations
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for health plan costs and $1,700,000 budgeted for the Employee Health Center,
a budgeted increase of approximately $612,830 from fiscal year 2018/19.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the 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 Jill Paul provided a PowerPoint presentation.
In response to questions, Human Resources Director Jennifer Poirrier
said there are 2,600 individuals on the plan. Ms. Paul said 66% of the
employees utilize the health center. Ms. Poirrier said staff is not sure why
33% of the employees do not use the health center but hope the new
MotivateMe program attracts those employees to the health center.
Vice Mayor Cundiff moved to 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, 2020 through December
31, 2020, at a total not-to-exceed amount of $20 million, to be
funded by city budgeted funds, payroll deductions of employee
and retiree premiums. The motion was duly seconded and carried
unanimously.
9.9 Approve a revised Standard Agreement Form to be used with the various Youth
Co-Sponsor Groups and the City of Clearwater and authorize the appropriate officials to
execute same.
On January 17, 2013, Council approved a Standard Agreement Form to be
used with the various Youth Co-Sponsor Groups including groups such as the
Clearwater Little League, Countryside Cougars Football, Clearwater Soccer,
etc. that provide recreational and competitive youth sports opportunities for
Clearwater Youth.
Currently, there are 12 Youth Co-Sponsor Groups that have been recognized by
the City and have agreements with the City. These youth groups provide
programming for baseball, football, soccer, swimming, lacrosse, softball, track
and field, and basketball.
The City annually meets with each group and enters into a Sports and Program
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City of Clearwater
City Council Meeting Minutes September 5, 2019
Youth Co-Sponsor Agreement.
Revisions to the existing Agreement are being requested in order to clarify the
roles between the City and the Co-Sponsor Groups and provide clear
expectations for the Co-Sponsor Groups. The Agreement covers areas such
as ADA compliance, training opportunities, financial stewardship, insurance
requirements, facility care, publicity, participation guidelines, scheduling needs,
etc.
Since there are numerous Youth Co-Sponsor Group Agreements to negotiate
and approve, staff is recommending that the Council continue to allow the City
Manager or his designee to enter into these revised agreements.
Councilmember Polglaze moved to approve a revised Standard
Agreement Form to be used with the various Youth Co-Sponsor
Groups and the City of Clearwater and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
9.10Award Request for Proposals 30-19, Event Rental Equipment and Services, to Elite
Event and Rentals of Tampa, FL in the annual not-to-exceed amount of$75,000 with the
option of three one-year renewals at the City's discretion and authorize the appropriate
officials to execute same.
Request for Proposals (RFP) #30-19 was issued on May 7, 2019 for event
rental equipment and services, and the City received four responses. Elite was
selected by the evaluation committee as the most responsive and competitive
proposal and is in the best interest of the City.
Elite will provide rental equipment, including set-up and breakdown services,
and the personnel required to complete the services for a variety of city events
and city-partnered events. The equipment supplied will include, but is not limited
to: tents, tables, chairs, linens, dance floors, non-stage lighting, and decorative
fencing.
The events utilizing Elite will include a variety of sizes and scopes, both indoor
and outdoor, ranging from large music festivals to small community events and
ceremonies. The term for (RFP) #30-19 is September 2019 through August
2020, with the option of three one-year renewals at the City's discretion.
Elite has previously provided these services for the City and has an exceptional
record of performance and responsiveness to the needs of the City. Elite is
familiar with all rules, regulations, and standards required by the City of
Clearwater.
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City Council Meeting Minutes September 5, 2019
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available from Special Event Code 0181-99865 and Special
Events Code 010-01804, and occasionally come from various department cost
centers.
Vice Mayor Cundiff moved to award Request for Proposals 30-19,
Event Rental Equipment and Services, to Elite Event and Rentals
of Tampa, FL in the annual not-to-exceed amount of$75,000 with
the option of three one-year renewals at the City's discretion and
authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
9.11Approve a three-year agreement and Work Order to Wright-Pierce, Inc., in the amount of
$1,640,880, for Wastewater Collection System Flow Monitoring Services (19-0024-UT)
and authorize the appropriate officials to execute same.
February 22, 2019, Request for Qualifications (RFQ 23-19) was issued seeking
a consulting firm to provide Wastewater Collection System Flow Monitoring
Services with the goal to identify areas of Inflow and Infiltration (I&I) requiring
remediation. I&I flows increase sanitary sewer transmission and treatment
costs as well as contribute to sanitary sewer overflows.
In April, the RFQ selection committee, consisting of representatives from the
Public Utilities and Engineering departments, met after independent review to
discuss their ranking of the consulting firms that submitted qualifications.
Subsequently, the Selection Committee shortlisted two consulting firms for
interviews.
The two consulting firms completed oral presentations in May, and the selection
committee chose Wright-Pierce, Inc., to perform the Wastewater Collection
System Flow Monitoring, including data analysis and reporting, for a 36-month
period with the goal of helping the City reduce I&I.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating and maintaining the Wastewater Collection System.
APPROPRIATION CODE AND AMOUNT:
3217321-530100-96212 $1,640,880
Funds are available in capital improvement project 96212, Sanitary Sewer
Upgrade/Improvements, to fund this work order.
In response to a question, Engineering Manager Jeremy Brown said the
systems were designed to handle wastewater, not stormwater, which
overloads the system.
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Councilmember Hamilton moved to approve a three-year
agreement and Work Order to Wright-Pierce, Inc., in the amount
of $1,640,880, for Wastewater Collection System Flow Monitoring
Services (19-0024-UT) and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
9.12Approve an Engineer of Record (EOR) design Work Order to Metzger and Willard of
Tampa, FL, in the amount of$262,020.00 for the Rehabilitation of Lift Stations 54 and 65
and Lift Station Standards (18-0058-UT) and authorize the appropriate officials to
execute same.
Lift stations 54 and 65 both have corrosion in interior and exterior discharge
piping and pumps, interior concrete walls requiring repair and outdated control
panels in need of replacement.
EOR Metzger and Willard will provide design, permitting, and bidding services
associated with repair and replacement of pipes, pumps, electrical systems,
instrumentation and controls at lift stations 54 and 65. Work also includes
preparation of standard drawings and specifications that will be used for all new
and rehabilitated lift stations within the City of Clearwater.
It is anticipated the design will be completed within 320 calendar days from the
date of council approval.
APPROPRIATION CODE AND AMOUNT:
3217321-5300100-96686 $262,020.00
Funding is available in Capital Improvement Project 96686, Pump Station
Replacement, to fund the work order.
Councilmember Allbritton moved to approve an Engineer of
Record (EOR) design Work Order to Metzger and Willard of
Tampa, FL, in the amount of$262,020.00 for the Rehabilitation of
Lift Stations 54 and 65 and Lift Station Standards (18-0058-UT)
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
9.13Award a construction contract to TLC Diversified, Inc. of Palmetto, FL in the amount of
$1,980,261.25 for Lift Station 45 Force Main Replacement (17-0016-UT); approve
Engineer of Record (EOR) Supplemental Two Work Order from McKim and Creed in the
amount of$192,233; and authorize the appropriate officials to execute same.
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Lift Station 45 Force Main Replacement project includes installation of
approximately 4,500 linear feet of 20-inch HDPE (Directional Drill Pipe) and
about 550 linear feet of 16-inch ductile iron pipe (Open Cut) along Gulf Blvd.
These improvements are necessary due to a history of maintenance issues
along this pipeline.
Six bids were received. After reviewing the bids, the EOR recommended award
to TLC Diversified Inc. as the lowest responsible bid.
In May 2017 and May 2019, City Council and the City Manager respectively,
approved an initial Work Order to McKim and Creed in the amount of
$170,847.00 to evaluate, design and permit the replacement of the sanitary
sewer force main; and Supplemental Work Order 1 in the amount of$10,339.00
for additional geotechnical services related to deeper than anticipated directional
drill depths.
Supplemental Work Order 2 provides for engineering services and field
observation during construction including: shop drawing reviews, responses to
contractor requests for information, progress meetings, final inspection and
Florida Department of Environmental Protection permit close-out for total work
order value of$373,419.00.
It is anticipated the construction will be completed within 210 calendar days
from issuance of Notice to Proceed.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the sanitary sewer system.
APPROPRIATION CODE AND AMOUNT:
3217321-563800-96212 $1,980,261.25
3217321-561300-96212 $ 192,233.00
Funding is available in Capital Improvement Project 96212, Sanitary Sewer
Upgrade, to fund the contract and work order.
Vice Mayor Cundiff moved to award a construction contract to
TLC Diversified, Inc. of Palmetto, FL in the amount of
$1,980,261.25 for Lift Station 45 Force Main Replacement
(17-0016-UT); approve Engineer of Record (EOR) Supplemental
Two Work Order from McKim and Creed in the amount of
$192,233; and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
9.14Award a construction contract to Waterfront Engineering, Inc. of Tampa, Florida for 2019
City Seawalls Project (19-0021-EN) in the amount of$254,710.50 and authorize the
appropriate officials to execute same.
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The 2019 City Seawalls Project consists of repairs at eight locations: five on
Island Estates, two at street ends on the intercoastal, and one at the Betty Lane
bridge over Stevenson Creek. Repairs include replacement of seawall caps and
anchors, installation of secondary tiebacks, drain installation, cleaning of
seawall joints, and hydraulic grout installation.
Two bids were received, Waterfront Engineering, Inc. is the lowest responsible
bid received with plans and specifications.
APPROPRIATION CODE AND AMOUNT:
E N G F 180006-CO N S-C N ST RC
Funds are available in capital improvement project ENGF180006, Citywide
Docks and Seawalls, to fund this contract.
Councilmember Hamilton moved to Award a construction
contract to Waterfront Engineering, Inc. of Tampa, Florida for
2019 City Seawalls Project (19-0021-EN) in the amount of
$254,710.50 and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
9.15Provide direction regarding development of a program for businesses to provide for-hire
motorized scooters to the public and for the use of these and other micromobility devices
in the city.
The past few years have seen an explosive growth in businesses offering
dockless motorized scooters for-hire using a reservation system (commonly
known as e-scooters). Cities have had to quickly determine how to regulate the
use of these devices and the businesses that provide this service. The Florida
Legislature passed House Bill 453 in the Spring 2019 session, designating
motorized scooters available by reservation (for-hire) with a maximum operating
speed of 20 miles per hour as "micromobility devices", and gave riders of these
vehicles the same rights and duties of a bicycle rider. This legislation was
signed into law on June 18, 2019 and took effect immediately, thereby allowing
riders to use their motorized scooters on sidewalks and in roads, the same as a
bicyclist is allowed. However, the bill preserved home rule rights to allow local
jurisdictions the opportunity to create their own regulatory framework for these
devices.
In June, the City Council passed a 6-month moratorium on the use of and the
offering for-hire of motorized scooters and other micromobility devices to allow
for staff to prepare regulations and propose a plan for operators to offer
motorized scooters for-hire. Locally, Tampa rolled out a motorized scooter
program around that same time, and St. Petersburg has developed a program
and other regulatory measures (i.e., required ordinance changes) for its
council's consideration this month, with the goal to launch the program by early
winter this year. These programs take different approaches to several key
program components, such as where riders can rent and use the motorized
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scooters, where they should park the devices, what hours the rental scooters
are available for use, and how many scooters are available for hire, as is shown
in the matrix provided.
Staff has reviewed the benefits and challenges, as well as the details of several
programs around the country, in addition to the local programs, and will
summarize these in its presentation. Staff is requesting direction as to allowing
the use of motorized scooters in the city either on a for-hire basis (rental) and/or
for private owner use. If the direction is to proceed with developing a program
and associated regulations, then guidance on the following key components is
requested:
• Where to allow scooters to be used (i.e., citywide or in which specified
areas)?
• Where to allow scooters to be ridden (i.e., on the road or on sidewalks)?
• What type of parking requirements should be established?
• What hours should e-scooters available for-hire be allowed in the city?
An ordinance to amend city regulations and a draft program would be presented
to City Council at a future meeting, which would address additional
administrative and operational details, if the direction given is to proceed.
Transportation Planner Ric Hartman provided a PowerPoint presentation.
In response to questions, Mr. Hartman said staff would come back to
Council in November with program guidelines and Request for Proposals for
vendors. Concerns raised during program development, along with
vendor input, help guide the process and details related to storage facility,
staffing, and answering calls. The City Attorney said if for-hire motorized
scooters are banned, the City would regulate the private users differently.
Assistant City Attorney Matt Smith said the City's moratorium addresses
Private and for-hire scooters. Mr. Hartman said staff would develop a
program for the downtown area. The City Attorney said if motorized scooters
are allowed where bicycles are permitted, under state law, that is
everywhere. Mr. Smith said state law allows the motorized scooter to go
everywhere bicycles can but Council may limit areas.
One individual spoke in support and suggested allowing use in Downtown
but not on the sidewalks.
One individual questioned the City's liability if there are accidents.
One individual suggested investigating other city programs to ensure
safety issues are addressed.
One individual spoke suggested the City wait before implementing a
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program and suggested not to permit use on sidewalks.
One individual suggested allowing staff to research and make
recommendations.
One individual spoke in support and said if the pilot program does not
work, the City can stop the program.
Mr. Hartman said for-hire programs are income generating and require
riders to waive any liability. The City will have insurance coverage as part of
the program agreement with each operator. The 12-month pilot program
could be stopped at any time. Staff is considering a program in downtown
area that starts at the waterfront, from Drew Street past Myrtle Avenue,
geofencing will keep the motorized scooters off certain roads. He said the
City of St. Petersburg allows the scooters to be used on the trails during
certain hours. Staff is talking with Pinellas County regarding motorized
scooters on the trail since it is within their jurisdiction.
Discussion ensued with consensus for staff to develop a pilot program,
allow motorized scooters in the roadway in the downtown area, and
present recommendations for a pilot program in November.
9.16Award Invitation to Bid 43-19, Service Brass and Brass Valves, to Ferguson Enterprises
LLC dba Ferguson Waterworks of Tampa, FL and Fortiline Waterworks of Tampa, FL,
for the supply of service brass and brass valves, in the annual not-to-exceed amount of
$200,000, with the option for two one-year term extensions and authorize the appropriate
officials to execute same.
Body: SUMMARY:
Invitation to Bid (ITB) #43-19 was issued on June 20, 2019 for the supply of
service brass and brass valves. Five bids were received on July 23, 2019. Two
vendors, Ferguson Waterworks and Fortiline Waterworks, are recommended
for award, representing the most responsive and responsible low bidders
meeting the specifications for Bid #43-19.
For placing orders, the primary award is as follows: Item Groups A, B, C, D, F,
G, H, K, Q and R to Ferguson Enterprises, and Item Groups E, I, J, L, M, N, O
and P to Fortiline Waterworks. To ensure a continuity of supply, flexibility to
order product from either vendor as a secondary source, and tertiary from the
open market is included in this recommendation.
The contract will be effective on October 1, 2019, for an initial one-year period
with two one-year renewal terms available to the City. Renewal Terms allow for
cost increases based on the Producer Price Index#102502 Copper and Brass
Mill Shapes. Renewal prices shall be firm for the respective annual term.
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APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY20 are available in Public Utilities' cost center 550400
Operating Supplies & Materials:
• FY20 $200,000
Future fiscal year budgets will include requests for funding:
• FY21 $200,000
• FY22 $200,000
Councilmember Allbritton moved to award Invitation to Bid 43-19,
Service Brass and Brass Valves, to Ferguson Enterprises LLC
dba Ferguson Waterworks of Tampa, FL and Fortiline
Waterworks of Tampa, FL, for the supply of service brass and
brass valves, in the annual not-to-exceed amount of$200,000,
with the option for two one-year term extensions and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.17Award Invitation to Bid 46-19, Backflow Devices and Parts, to Ferguson Enterprises LLC
dba Ferguson Waterworks of Tampa, FL, Core and Main LP of St Louis, MO and
American Backflow Products Company of Tallahassee, FL, for the supply of backflow
devices and parts, in the annual not-to-exceed amount of$250,000, with the option for
two one-year term extensions and authorize the appropriate officials to execute same.
Invitation to Bid (ITB) 46-19 was issued on July 11, 2109 for the supply of
backflow devices and parts. Seven bids were received on August 8, 2019.
Three vendors - Ferguson Waterworks, Core & Main LP and American
Backflow Products Company are recommended for award, representing the
most responsive and responsible low bidders, meeting the specifications for Bid
46-19.
For placing orders, the award is as follows: Groups 1, 5 and 7 to Ferguson
Waterworks, Groups 2, 3, 4 and 6 to Core & Main LP and Groups 8 and 9 to
American Backflow Products Company. To ensure a continuity of supply,
flexibility to order product from either vendor as a secondary source for Groups
1-7 when urgent and primary is out of stock and tertiary from the open market is
included in this recommendation.
The contract will be effective on October 1, 2019 for an initial one-year period
with two one-year renewal terms available to the City. Renewal Terms allow for
cost increases based on the Producer Price Index#1017, Steel mill products.
Renewal prices shall be firm for the respective annual term.
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APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY20 are available in Public Utilities' cost center 550400
Operating Supplies & Materials:
• FY20 $250,000
Future fiscal year budgets will include requests for funding:
• FY21 $250,000
• FY22 $250,000
Councilmember Polglaze moved to award Invitation to Bid 46-19,
Backflow Devices and Parts, to Ferguson Enterprises LLC dba
Ferguson Waterworks of Tampa, FL, Core and Main LP of St
Louis, MO and American Backflow Products Company of
Tallahassee, FL, for the supply of backflow devices and parts, in
the annual not-to-exceed amount of $250,000, with the option for
two one-year term extensions and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
9.18Authorize a sole source award to Hudson Pump and Equipment of Lakeland, Florida for
Flygt pumps, parts and services, in the annual amount of$200,000.00, with the option for
two, one-year extensions, pursuant to Clearwater Code of Ordinances Section 2.564
Exceptions to Bidding and authorize the appropriate officials to execute same.
Flygt AC (Allis Chalmers) Pumps are standardized in the City's wastewater
facilities for filter effluent and backwash pumping applications due to reliability of
the pumps and to facilitate operational and maintenance efficiency. Hudson
Pump & Equipment is the regional distributor of Flygt equipment and services, a
division of Tencarva Machinery Co. LLC of Greensboro. NC. Standardization of
pumping equipment reduces redesign/retrofit of the piping systems and overall
down time, which is critical to maintaining regulatory compliance.
Standardization also reduces the required stocking of parts, replacement
pumps, and the cost of maintenance operations.
In accordance with City Code Section 2.564 (1)(b), Exceptions to Bidding,
Hudson Pump has been determined a sole source vendor for Flygt AC (Allis
Chalmers) Pumps, replacement parts and factory authorized service.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY20 are available in Public Utilities' cost center 550400
Operating Supplies & Materials:
• FY20 $200,000
Future fiscal year budgets will include requests for funding:
• FY21 $200,000
• FY22 $200,000
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Vice Mayor Cundiff moved to authorize a sole source award to
Hudson Pump and Equipment of Lakeland, Florida for Flygt
pumps, parts and services, in the annual amount of$200,000.00,
with the option for two, one-year extensions, pursuant to
Clearwater Code of Ordinances Section 2.564 Exceptions to
Bidding and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
9.19Award a contract (blank purchase order) to Jet Age Fuel, Inc. of Clearwater, FL in the
annual amount of$2,700,000 for the purchase of unleaded and diesel fuel, with two
one-year renewal terms at the City's option and authorize the appropriate officials to
execute same.
Invitation to Bid (ITB) No. 37-19 was issued in July 2019. Three responses were
received. The ITB pricing structure was based on specific dates' rack rates,
and the respective Fixed Fee Markup (+ or -) from the bidders. Fuel prices
change daily based on the rack rate market index (OPIS), markups, and
applicable taxes/fees. For general reference, on July 26, 2019, fuel prices were
$2.13 for unleaded and $ 2.30 for diesel, per gallon.
This contract is for the purchase of unleaded and un-dyed diesel fuel for delivery
to the City's fuel facility located at 1701 N. Hercules Avenue and for the
purchase of dyed diesel for delivery to the City's fixed and mobile generators at
various locations within the city. The fuel purchased from this contract is utilized
in the majority of city equipment, including police and fire.
Jet Age was the lowest bidder on ITB 37-19. Additionally, the ITB required a
written commitment from the supplier of their ability to be responsive to
Clearwater in emergency situations. Jet Age provided a written confirmation of
their ability to supply fuel 24 hours a day, seven days a week, including during
the hurricane season; and if their supply from the Port of Tampa is interrupted
they have the ability to obtain fuel via truck from Jacksonville, Florida or
Bainebridge, Georgia.
Per the US Energy Information Administration, the average retail price for diesel
to-date in 2019 is $3.04 per gallon and the average retail price for unleaded
to-date is $2.79 per gallon (projections of cost for the period of this award were
averaged to estimate the price per gallon and includes taxes for which the City
is reimbursed). The City does not pay Federal taxes but does pay state taxes
at time of payment and submits for reimbursement on a monthly basis.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY19 are available in the Garage Fund cost code
5666611-550500 (Fuel)
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• FY19 $225,000 (1 month)
Funds for FY20 are included in the proposed budget for the Garage Fund cost
code 5666611-550500 (Fuel)
• FY20 $2,700,000
Future fiscal year budgets will include requests for funding:
• FY21 $2,700,000
• FY22 $2,475,000 (11 months)
The Council recessed from 9:07 p.m. to 9:15 p.m.
Councilmember Hamilton moved award a contract (blank
purchase order) to Jet Age Fuel, Inc. of Clearwater, FL in the
annual amount of$2,700,000 for the purchase of unleaded and
diesel fuel, with two one-year renewal terms at the City's option
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
9.20Appoint two members to the Nuisance Abatement Board with terms to expire August 31,
2023.
APPOINTMENT WORKSHEET
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
CHAIRPERSON:
MEETING DATES: As Called, 1st Wed./Month - 3:00 pm
PLACE: Main Library
APPTS. NEEDED: 2
Purpose: The Nuisance Abatement Board will be composed of seven city
residents who will conduct hearings on public nuisance cases associated with
prostitution and drug-related activities on known properties throughout the City.
THE FOLLOWING ADVISORY BOARD MEMBERS TERMS HAVE EXPIRED
AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR
REPLACEMENT BY A NEW APPOINTEE:
1. Susan Oliveto - 100 Waverly Way#303, 33756 - English Teacher/Librarian
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City Council Meeting Minutes September 5, 2019
Original appointment: 8/4/16
(was filling unexpired term until 8/31/19)
Interest in reappointment: Yes
2. Nancy O'Neill - 1360 Druid Road, 33756 - Restaurant Owner
Original appointment: 8/20/15
(was serving 1st term until 8/31/19)
Interest in reappointment: Yes
THE NAME BELOW IS ALSO BEING SUBMITTED FOR CONSIDERATION TO
FILL ONE OF THE ABOVE VACANCIES:
1. Patrick J. Raftery - 3237 Masters Dr., 33761 - Senior Buyer/Supervisor
Zip codes of current members:
1 at 33755
5 at 33756
1 at 33759
Current Categories:
Analyst
Attorney
Clinical Social Worker
English Teacher/Librarian
HR Analyst
Production Tour/Manager
Restaurant Owner
Councilmember Cundiff moved to reappoint Susan Oliveto and
Nancy O'Neill to the Nuisance Abatement Board with terms to
expire August 31, 2023. The motion was duly seconded and
carried unanimously.
9.21 Confirm the Declaration of a State of Emergency due to conditions surrounding Hurricane
Dorian and adopt Resolution 19-30.
The City Manager issued a Proclamation of a State of Emergency on August
31, 2019 based on the conditions surrounding Hurricane Dorian. Section
15.07(2) of the Clearwater Code of Ordinances requires the City Council to
confirm a Declaration of a State of Emergency at the next regularly scheduled
meeting.
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Councilmember Hamilton moved to confirm the Declaration of a
State of Emergency due to conditions surrounding Hurricane
Dorian. The motion was duly seconded and carried unanimously.
Resolution 19-30 was presented and read by title only.
Councilmember Allbritton moved to adopt Resolution 19-30. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.22Provide direction on renaming the Bayfront Tennis Complex and Coachman Park to
Coachman Commons.
Following the Imagine Clearwater planning phase, staff seeks to create a strong
identity for the public spaces at the downtown waterfront through renaming the
physical entity as Coachman Commons.
Coachman Commons is the multi-use, vibrant public park and arts destination
available to residents and visitors year-round. Consistent with Imagine
Clearwater's publicly agreed upon plan and community vision, Coachman
Commons encompasses an active, authentic, iconic and open civic space from
the Clearwater Main Library to the former city hall site.
Active-A public space that is available 365 days a year with arts, events and
activations for residents and visitors alike.
Authentic- Highlighting the city's unique assets at the downtown waterfront as a
versatile destination.
Iconic- Providing a high-quality arts destination and public space that uses light,
sound and technology to immerse and engage visitors.
Open-Connected sets of public places impact civic engagement, environmental
sustainability and economic development.
Staff is requesting that Council approve the recommendation to rename
Bayfront Tennis Complex, 301 Cleveland St, Clearwater FL, 33755 and
Coachman Park, 301 Drew Street, Clearwater, FL 33755 to the new name of
Coachman Commons. Upon approval of this recommendation by council the
item will be referred to the Parks & Recreation Advisory Board so the item can
have a public hearing and be voted on by the Parks and Recreation Board at
their October 22, 2019 meeting. Because Coachman Park was previously
named by resolution of Council, following the Parks and Recreation Board
action, this item will return to Council for approval by resolution.
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Assistant City Manager Michael Delk provided a PowerPoint
presentation.
In response to questions, Mr. Delk said preliminary discussions on the
establishment of a conservancy group is underway, staff is working
through the logistics to determine how it will be integrated. He anticipates
the matter coming before Council soon.
There was council consensus for staff to request the Parks and Recreation
Advisory Board to consider the name change.
10. City Attorney Reports — None.
11. Other Council Action
11.1 Fence Code - Councilmember Polglaze
Item 11.1 continued to September 16, 2019.
11.25G Small Cell Technology - Councilmember Allbritton
Councilmember Allbritton said he was getting emails regarding the safety
concern of 5G Small Cell Technology and reviewed a resolution urging the
federal government to conduct research on the health impact of the
technology.
Comments were made that the resolution had no teeth but it put the City on
record as urging the federal government to provide more information to the
citizens and that the issue is important to study. It was said that studies
were done during the development of the technology but there will always be
a portion of the population who will always have concerns.
Councilmember Polglaze moved to approve Agenda Item 11.2 The
motion was duly seconded and carried unanimously.
Resolution 19-29 was presented and read by title only.
Vice Mayor Cundiff moved to adopt Resolution 19-29. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
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City Council Meeting Minutes September 5, 2019
12. Closing comments by Councilmembers (limited to 3 minutes) — None.
13. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events.
14. Adjourn
The meeting adjourned at 9:50 p.m.
Attest
City of Clearwater
,2oIit1rt‘C%3
Mayor
City of Clearwater
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