08/14/2019 City Council Meeting Minutes August 14, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, August 14, 2019
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes August 14, 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 — Father Kyrillos Makar from St. Mary & St. Mina Coptic Orthodox
Church
3. Pledge of Allegiance — Councilmember Hamilton
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 August Service Awards
One service award was presented to a city employee.
5. Approval of Minutes
5.1 Approve the August 1, 2019 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Vice Mayor Cundiff moved to approve the August 1, 2019 City
Council Meeting Minutes as submitted in written summation by the
City Clerk. The motion was duly seconded and carried
unanimously.
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6. Citizens to be heard re items not on the agenda
Daron Whitley requested that someone contact him to discuss his
request to connect to the city sewer that he mentioned at the last council
meeting.
7. Consent Agenda — Approved as submitted.
7.1 Authorize surplus disposition of G3669, G3948, and G3950 via auction to the highest
bidder, pursuant to Clearwater Code of Ordinances Section 2.622, Surplus Personal
Property, and authorize the appropriate officials to execute same. (consent)
7.2 Award Request for Proposals Number 29-19 (RFP 29-19), Aquatic Sites Invasive
Species Maintenance, to Aquatic Systems, Inc., of Pompano Beach, FL, for the
maintenance of city-owned lakes, ponds, wetlands, and mitigation sites, in the annual
not-to-exceed amount of$167,762, with three, one-year extensions at the City's
discretion and authorize the appropriate officials to execute same. (consent)
7.3 Approve the final plat for Union Place, physically located at 1625 Union Street. (consent)
7.4 Approve the final plat for Towns at Spring Lake, physically located at 1895 Virginia
Avenue. (consent)
7.5 Approve Change Order 1 to David Nelson Construction Company of Clearwater, FL, for
the Seminole Street Boat Ramp/North Marina District Improvements (16-0020-PL) in the
amount of$358,275.99 and authorize the appropriate officials to execute same.
(consent)
7.6 Declare approximately 85,000 square feet of used artificial turf and 38,000 pounds of
rubber surplus to the needs of the City and donate to Pinellas County School Board in
accordance with Code of Ordinances Section 2.621 Sale of Surplus Property and
authorize the appropriate officials to execute same. (consent)
7.7 Award Request for Proposals 33-19, Food and Beverage Concession Services, to
Kinney's Kitchen, LLC, for concession services at Eddie C. Moore Softball Complex, for
the period August 2019 through July 2022, with the option of one three-year renewal term
and authorize the appropriate officials to execute same. (consent)
7.8 Approve an agreement between Pinellas County and City of Clearwater to provide
Emergency Medical Services ALS First Responder services to the Clearwater Fire
District and authorize the appropriate officials to execute same. (consent)
7.9 Approve the Fire Protection Services Agreement between Pinellas County Fire
Protection Authority and City of Clearwater for a five-year term extending through
September 30, 2024 and authorize the appropriate officials to execute same. (consent)
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7.10Authorize a blanket purchase order to Huber Technology, Inc. of Huntersville, NC, for the
purchase of barscreen replacement parts and services, in the annual not-to-exceed
amount of$100,000, with option for two one-year term extensions, pursuant to Clearwater
Code of Ordinances Section 2.564 Exceptions to Bidding and authorize the appropriate
officials to execute same. (consent)
7.11Authorize the award of Invitation to Bid 34-19, Biosolids Management Services, to T.
Wayne Hill Trucking, Inc of Bartow, FL, in the annual not-to-exceed amount of$590,000
with two one-year extensions at the City's discretion and authorize the appropriate
officials to execute same. (consent)
7.12Request for authority to settle the case of Milagros Medina v. City of Clearwater, Case
No. 16-00004-CI for $180,000.00. (consent)
7.13Declare miscellaneous furniture, minor equipment, and fixtures, surplus to the needs of
the City for disposition in accordance with Clearwater Code of Ordinances 2.621 Sale of
Surplus Personal Property and authorize the appropriate officials to execute same.
(consent)
Councilmember Hamilton moved to approve the Consent Agenda
as submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the request from the owner of property addressed as 1572 Eunice Ln. to vacate
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, and pass Ordinance 9304-19 on first reading.
The property owner at 1572 Eunice Ln., Clearwater, has requested that the City
vacate 1.5 feet of a platted 30-foot Drainage Easement along the rear of their
property.
The pool deck was constructed approximately 1 foot into the easement.
The purpose of this vacation will be to allow the homeowner's pool deck and
screen enclosure to not encumber into a portion of the easement.
There are no utilities present within this easement. Staff has reviewed this
vacation and has no objection.
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Councilmember Allbritton moved to approve the request from the
owner of property addressed as 1572 Eunice Ln. to vacate 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. The motion was duly seconded and carried unanimously.
Ordinance 9304-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9304-19 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
8.2 Approve the request from City of Clearwater to vacate the North portion of the 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 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-wide
portion previously vacated as recorded in Official Records Book 19332, Page 1499 of
the Public Records of Pinellas County, Florida, and pass Ordinance 9306-19 on first
reading.
City staff recommends the vacation of the right-of-way. Said right-of-way is not
necessary for municipal use and it is deemed to be in the best interest of the
City and the general public that the same be vacated.
Vice Mayor Cundiff moved to approve the request from City of
Clearwater to vacate the North portion of the 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 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-wide portion previously
vacated as recorded in Official Records Book 19332, Page 1499 of
the Public Records of Pinellas County, Florida. The motion was duly
seconded and carried unanimously.
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Ordinance 9306-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9306-19 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
8.3 Declare surplus for the purpose of sale, through Request for Proposals 48-19, real
property located at the northwest corner of Grant Street and North Martin Luther King, Jr.
Blvd., legally described as Lots 6, 7 and 8, Block B, First Addition to Norwood, according
to the map or plat thereof as recorded in Plat Book 5, Page 79 of the Public Records of
Pinellas County, Florida and real property located at 1415 Taft Avenue, legally described
as Lot 16, Block 1 Lincoln Place Addition to Clearwater Florida according to the plat
thereof, as recorded in Plat Book 3, Page 17, of the Public Records of Pinellas County,
Florida whereby the successful proposal meets the terms set by Council. (APH)
The properties are currently vacant and are identified by Resolutions 19-10 and
17-38, respectively, as city-owned property appropriate for use as affordable
housing.
The larger tract is 15,750 square feet and lies on the northwest corner of N.
Martin Luther King, Jr. Boulevard and Grant Street. This property was acquired
through foreclosure earlier this year. The City originally acquired the land in
1999 with Community Development Block Grant (CDBG) funds made available
by the United States Department of Housing and Urban Development (HUD). In
2006, the City transferred the property and held a mortgage for the purchase
amount. The mortgage fell into default status and City Council authorized
foreclosure action in 2018.
The smaller, individual parcel is 3,526 square feet and is located on the
southeast corner of Grant Street and Taft Avenue. This parcel was acquired in
2001 at no cost through escheatment due to non-payment of taxes.
With council approval, staff will issue Request for Proposals 48-19 (RFP) to
attract developers interested in the site to construct a multi-family affordable
housing project. Allowable densities provide for up to four units; however
additional, privately owned lands may be available to contribute to the project.
The RFP will allow a project for rental or homeownership or a combination
thereof. Qualifying tenants or homeowners must have household incomes of
not more than 80% of Area Median Income as determined by HUD.
A recent staff appraisal valued the larger tract at $72,500 and the smaller,
individual parcel at $24,900. According to Section 2.01(d)(5)(i) of the
Clearwater City Charter, the City Council may approve the donation or sale for
less than fair market value of city-owned property of not more than one-half acre
in size for workforce or affordable housing following a public hearing. According
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to the Pinellas County Property Appraiser, the total combined area of the
property is 0.44 acres (19,276 square feet).
The RFP stipulates that the property will be transferred at no cost and additional
funds may be available to assist with construction costs if the successful
respondent is able to show that additional subsidy is necessary. If additional
funds are needed, they may be made available from one or more of the
following sources: CDBG, HOME Investment Partnership Program, State
Housing Initiatives Partnership Program and Pinellas County Housing Trust
Fund. This project will not impact the city's general fund. Proposals received in
response to the RFP will be evaluated by the following criteria: project history
and project team, financial capacity, ability to place homeowners/tenants,
development proposal and financial proposal.
In response to a question, Economic Development and Housing Assistant
Director Chuck Lane said the site has density for a multi-family project.
Councilmember Allbritton moved to declare surplus for the purpose
of sale, through Request for Proposals 48-19, real property located
at the northwest corner of Grant Street and North Martin Luther
King, Jr. Blvd., legally described as Lots 6, 7 and 8, Block B, First
Addition to Norwood, according to the map or plat thereof as
recorded in Plat Book 5, Page 79 of the Public Records of Pinellas
County, Florida and real property located at 1415 Taft Avenue,
legally described as Lot 16, Block 1 Lincoln Place Addition to
Clearwater Florida according to the plat thereof, as recorded in Plat
Book 3, Page 17, of the Public Records of Pinellas County, Florida
whereby the successful proposal meets the terms set by Council.
The motion was duly seconded and carried unanimously.
9. City Manager Reports
9.1 Amend Appendix A, Clearwater Code of Ordinances, Schedule of Fees, Rates and
Charges, Section XXIV, Public Works Fees, Rates and Charges (3)(c ) Solid Waste
collection rates; (3)(d) Recycling rates; and (5)(b) Solid Waste Roll-Off Container and
Receptacle service; to increase specific collection fees for Solid Waste and Recycling for
the fiscal years 2020 through 2024, and pass Ordinance 9307-19 on first reading.
Earlier this year Stantec Consulting Services Inc. of Tampa, FL performed a
rate sufficiency analysis on the City's Solid Waste and Recycling Utility
Enterprise Fund. Stantec conducted similar studies during 2014 and 2017.
The objectives for this study included evaluation of the utility's current rates and
identifying a new multi-year plan of increases that provides sufficient revenues
to fund operations and maintenance costs, capital improvement costs,
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adjustments to scenarios evaluated in prior studies related to timing and costs,
and to ensure adequate operating reserves over the entire five-year planning
period (Fiscal Year 2020 - Fiscal Year 2024) and ten-year projection period
(Fiscal Year 2025 - Fiscal Year 2029). Staff provided historical and budgeted
financial information for the utility, assumptions regarding growth, interest
earning rates, and policies affecting the utility to Stantec for the study.
Based on Stantec's study and analysis of rate increase scenarios discussed
with staff, it is recommended that fees for Solid Waste and Recycling be
increased by 3.75% for the fiscal years 2020 through 2024.
Residential solid waste and recycling rates will increase as follows:
Current Rate 10/1/2019 10/1/2020 10/1/2021 10/1/2022 10/1/2023
Solid Waste $28.80 $29.88 $31.00 $32.16 $33.37 $34.62
Recycling $ 2.92 $ 3.03 $ 3.14 $ 3.26 $ 3.38 $ 3.51
Total $31.72 $32.91 $34.14 $35.42 $36.75 $38.13
Appendix A of the Code of Ordinances currently contains a listing of various
residential, commercial and roll-off collection fees for Solid Waste and
Recycling. Therefore, staff is recommending that the Appendix A of the Code of
Ordinances be amended to increase rates in accordance with the attached rate
study prepared by Stantec.
Stantec Consultant Leticia Doohaluk provided a PowerPoint
presentation.
In response to questions, Controller Dave Powers said Pinellas
County's solid waste service is increasing by 6%, Pinellas County has
not increased their rates in over 20 years. The rate increase has been
approved for the next three years, totaling $39.75 per ton. Ms.
Doohaluk said the analysis updates would provide guidance on the rate
status. The City's operation and maintenance costs are consistently
increasing due to inflation, requiring a certain level of revenues to
sustain costs. Mr. Powers said funding for the new transfer station had
been set aside in a capital improvement project, the project is on time
and within budget. He said $16 million from the solid waste reserve fund
was used for the new transfer station. Ms. Doohaluk said the City of St.
Petersburg is considering a 5.25% rate increase for Fiscal Year 2020,
with Gulfport at 6% and Dunedin at 2%. The Pinellas County solid waste
fee is approximately 20% of the City's solid waste budget. She said
the projected revenues and expenses are right on top of each other and
not adding to the fund balance. Solid Waste and General Services
Director Earl Gloster said Clearwater's solid waste services include
once-a-week garbage, recycling, bulk items and yard waste collection.
The City collects the bulk items at no charge. On the last Wednesday of
Each month, residents may bring their unwanted electronics to the Solid
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Waste Complex at no charge.
Vice Mayor Cundiff moved to amend Appendix A, Clearwater Code
of Ordinances, Schedule of Fees, Rates and Charges, Section XXIV,
Public Works Fees, Rates and Charges (3)(c) Solid Waste collection
rates; (3)(d) Recycling rates; and (5)(b) Solid Waste Roll-Off
Container and Receptacle service; to increase specific collection
fees for Solid Waste and Recycling for the fiscal years 2020 through
2024. The motion was duly seconded and carried unanimously.
Ordinance 9307-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9307-19 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
9.2 Approve a decrease of residential and commercial Stormwater Utility rates by 8.5% per
Equivalent Residential Unit (ERU) beginning October 1, 2019 and increases of
residential and commercial Stormwater Utility rates by 0.5% ERU beginning October 1,
2020 and October 1, 2021; and pass Ordinance 9305-19 on first reading.
Council adopted five years of Stormwater rate increases in August 2017 at a
rate of 0.5% per year for fiscal years 2018 through 2022. Per this agenda item,
staff is recommending a revision of the remaining three years, fiscal years 2020
through 2022.
Stantec Consulting Services' (SCS) 2017 revenue sufficiency and financial
forecast analysis showed that an increase of 0.5% was needed for fiscal year
2020 ($14.72). Due to project management and operating savings, SCS 2019
revenue sufficiency analysis shows Fiscal Year (FY) 2020 can be reduced to
$13.40, an 8.5% decrease instead of a 0.5% increase as approved in 2017, with
additional 0.5% increases needed for FY2021 ($13.47) and FY2022 ($13.54).
Per Stantec's analysis, additional 0.5% increases would be required for the
remaining seven years of the ten-year rate study forecast.
An equivalent alternative for council consideration is the same 8.5% decrease
for FY2020 ($13.40), followed by 0.0% increases for FY2021 and FY2022. Per
Stantec's review, additional 1.0% increases would be required for the remaining
seven years of the ten-year rate study forecast under this option.
Since the 2017 rate increases were passed, several significant flood control
and water quality projects have been completed, or are underway, including
Mango Outfall, Magnolia Outfall, East Gateway, Hillcrest Bypass and Druid
Rd/Aliens Creek Storm System.
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Individual projects have previously been approved or will be presented to
Council for future approval.
Councilmember Allbritton moved to approve a decrease of
residential and commercial Stormwater Utility rates by 8.5% per
Equivalent Residential Unit (ERU) beginning October 1, 2019 and
increases of residential and commercial Stormwater Utility rates by
0.5% ERU beginning October 1, 2020 and October 1, 2021. The
motion was duly seconded and carried unanimously.
Ordinance 9305-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9305-19 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
9.3 Accept a Water Line Easement from FDC Clearwater SPE, LLC for the construction,
installation and maintenance of city water lines on real property located at 1551 Flournoy
Circle W., Clearwater and adopt Resolution 19-24.
The water line easement grants the City rights to operate and maintain water
line facilities within the easement area.
The City Engineering Department recommends acceptance of the easement.
Vice Mayor Cundiff moved to accept a Water Line Easement from
FDC Clearwater SPE, LLC for the construction, installation and
maintenance of city water lines on real property located at 1551
Flournoy Circle W., Clearwater. The motion was duly seconded and
carried unanimously.
Resolution 19-24 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 19-24. 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
9.4 Accept an Access Easement from Drs. Kiran and Pallavi Patel 2017 Foundation for
Global Understanding, Inc., for vehicular and pedestrian access rights across the
easement premises to the adjacent city owned property otherwise known as Coopers
Point and adopt Resolution 19-25.
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The property owner of Nova Southeastern University requested the City vacate
Damascus Rd. right-of-way on the Applicant's property. As a condition of
Ordinance 9202-18, the Applicant was required to grant an alternate Access
Easement to the City.
Staff recommends acceptance of the access easement.
Councilmember Allbritton moved to accept an Access Easement
from Drs. Kiran and Pallavi Patel 2017 Foundation for Global
Understanding, Inc., for vehicular and pedestrian access rights
across the easement premises to the adjacent city owned property
otherwise known as Coopers Point. The motion was duly seconded
and carried unanimously.
Resolution 19-25 was presented and read by title only.
Councilmember Polglaze moved to adopt Resolution 19-25. 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
9.5 Approve a recommendation by the Public Art & Design Board for the commission of a
public art installation for the Morningside Recreation Complex located at 2400 Harn
Boulevard, as designed by Guy Kemper for a total cost of$36,052.50; and authorize the
appropriate officials to execute same. (consent).
The theme and scope of this project was determined with input from the project
construction team, Public Art & Design Board, Parks & Recreation Department,
Morningside and Morningside Meadows Homeowners Associations. The project
intent is to commission public artwork that serves as an artistic enhancement to
the main entrance and central atrium at the Morningside Recreation Complex.
The Public Art & Design Board appointed a five-member Selection Panel
comprised of individuals representing specified interests and expertise:
Karen Cunningham (Chair), Public Art & Design Board Representative
Spencer Cook, President, Morningside Meadows Homeowners Association
Norene Marlow, President, Morningside Homeowners Association
Regina Novak, Parks & Recreation Department
Judith Powers, artistic representative
The Selection Panel met to review all applicant credentials and articles and
selected artist Guy Kemper as his vibrantly colored artwork best fit the theme
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and artistic desires of the project and stakeholders. It was later found that Mr.
Kemper's artwork was not possible due to conflicts with construction. The
Selection Panel met with Mr. Kemper in January 2019 to discuss a new
configuration for the artwork and determined that a mosaic piece would fit within
the construction constraints. Mr. Kemper submitted a new design proposal and
on June 13, 2019 the Public Art & Design Board unanimously approved the
design and the recommendation to commission Mr. Kemper.
This item supports the City's Strategic Vision by providing public art for citizens
and visitors and represents the City's ongoing commitment to the commission
of public artwork, making the City a better place to live, learn, work, visit and
play.
The Board is recommending that the City Council approve the commission of
this artist's proposal of public artwork.
APPROPRIATION CODE AND AMOUNT:
Capital Project Funds are available in capital improvement project 315-93251,
Morningside Recreation Center Replacement, to fund this contract.
In response to questions, Cultural Affairs Coordinator Christopher
Hubbard said the Morningside Neighborhood Association opted for an
internal site that best protects the artwork from vandalism. The
Association also felt that exterior of the building was artwork in itself and
did not want to disrupt the facade and design with an exterior art
piece. He will work with Parks and Recreation to remove the obscuring
lighting and replace it with lighting that will highlight the artwork, while
lighting the lobby. He said some of the City's outdoor public art pieces
have had minor vandalism that have been restored. It is common for
outdoor art pieces to be vandalized. The City Manager said staff
requested the community advise Council regarding their opinion on the
public art piece so that Council was aware of the community feedback.
Mr. Hubbard said the public art at the new Countryside Library is the
terrazzo floor at the entrance. The Countryside Fire Station does not have a
public art piece because the Department donated to the discretionary fund in
lieu of installing public art. The discretionary fund allows funds to be used
for approved public art projects throughout the city initiated by the City.
Funds for the public art at Morningside could have been pulled to
another city project, the public art master plan instructs the public art
program to incorporate artwork into the design and the facilities of the
building whenever possible. He said the intent of the master plan is to
avoid plop art, which is art added to a facility afterwards and looks like a
bandaid. Many times the artwork added to the building does not have a
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conversation with the building or reflect the design of the use of the
facility.
One individual spoke in opposition.
In response to questions, Mr. Hubbard said the selection panel identifies
locations suited for public art. In some locations, the panel may identify
an interior location is best, such the Fire Station on Court Street. Of the 21
public art pieces, 18 pieces are located externally and three are placed
internally. The Morningside public art piece was originally commissioned
for an external location but when it determined that the window tinting
would negative impact the colors of the original art piece, the artist looked
for an internal location with the selection panel.
Staff was directed to provide Council with list of all commissioned public
art pieces.
Discussion ensued with comments made that public art should be visible
to the public and should be located externally when possible and that
public buildings are public outside and inside. It was stated that the
artwork was originally commissioned to be outdoors and other
alternatives could have been considered.
Vice Mayor Cundiff moved to approve a recommendation by the
Public Art & Design Board for the commission of a public art
installation for the Morningside Recreation Complex located at 2400
Harn Boulevard, as designed by Guy Kemper for a total cost of
$36,052.50; and authorize the appropriate officials to execute same.
The motion was duly seconded and carried with the following vote:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
10. City Attorney Reports
10.1Approve changes to City Council Rule 6 Order of Business and Rule 15 Rules of Conduct
and adopt Resolution 19-27.
Staff is recommending changes to the Council Rules to address citizen
conduct and maintain meeting order. Florida Law authorizes Council to make
rules regarding the conduct of city meetings including requiring citizens who
wish to be heard to fill out a comment card prior to speaking. Therefore,
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Council has the authority to deny any citizen who refuses to fill out a comment
card the privilege of speaking, and further to be removed from the meeting if
they continue to disrupt the proceedings. Specifically, staff recommends
adding clarifying language to the Order of Business to indicate that comment
cards must be filled out prior to speaking, and that the microphone may be
turned off after a speaker's three minutes is up. The suggested changes follow,
in bold/underline:
ORDER OF BUSINESS
E. Citizens to be heard regarding items not on agenda. Each person who
wishes to address the Council shall complete a comment card and submit the
card to the City Clerk (right-hand side of dais) before the speaker will be
permitted to speak (if the speaker has just arrived or decided to speak,
the Chair may allow the card to be filled out after speaking). Individuals
will limit their comments to a maximum of three minutes. The speaker's
microphone may be turned off after that time.
Furthermore, it is recommended to change the Rules of Conduct to identify
behavior which disrupts the meeting, as opposed to the disruptive content of
speech. Speech on matters of public concern, especially made in a setting
generally open to speakers, is entitled to special protection under the First
Amendment." In order to balance citizens' freedom of speech with Council's
right to maintain order and decorum, the following changes are suggested, in
bold/underline:
RULES OF CONDUCT
At all times, the Council, staff and public shall conduct themselves in a
respectful and civil manner. The Chair shall rule out of order any person whose
actions, in the Chair's determination, disrupts the meeting. Examples of
disruptive actions include, but are not limited to: 1) repeatedly
interrupting a speaker or Council member when not recognized; 2)
shouting and talking in a manner that prevents a speaker or Council
member from being heard or that otherwise hinders the progress of the
meeting; 3) refusing to leave the podium once the allotted time to speak
has expired; 4) blocking paths for emergency exit from the meeting room,
engaging in any conduct that prevents a member of the audience from
seeing or hearing Council members during a meeting, standing on chairs
or tables within the meeting room; 5) exhibition of signs or graphic
displays of any kind, except in connection with a presentation made to
the Council by a speaker at the podium; 6) approaching the dais without
permission; 7) threats of violence; or 8) engaging in conduct that is a
criminal offense. is making obscene, profane, impertinent, irrelevant,
immaterial, inflammatory statements or inciting violence or fighting. The
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City Council Meeting Minutes August 14, 2019
determination of the Chair or a majority of the Council shall be final on such
matters. No member of the audience shall, during a Council Meeting, make or
cause to be made any audible or disruptive sound or noise. Signs or graphic
displays of any kind shall not be displayed in Council chambers, except in
connection with a presentation made to the Council by a speaker at the podium.
All persons shall at all times conduct themselves in accordance with these
rules and failing such shall be removed from the Council Chambers. In the
event of such removal such person shall not thereafter be readmitted to the
Council Chambers during the same meeting. The Chair may recess the
meeting, if deemed necessary, in order to restore order.
One individual spoke in opposition.
In response to a comment, the City Attorney said Florida law does not
require Council to allow citizens to be heard regarding items not on the
agenda. Florida Statutes allows Council to adopt rules for orderly conduct
of the meetings, allowing the adoption of procedures or forms for
individuals to use in order to inform the board or commission of a desire
to be heard. She said she believed the council rules, as drafted, are
constitutional. Many jurisdictions have the same requirement, Clearwater
was a late adopter. Council adopted the rule two years ago.
Councilmember Polglaze moved to approve changes to City
Council Rule 6 Order of Business and Rule 15 Rules of Conduct.
The motion was duly seconded and carried unanimously.
Resolution 19-27 was presented and read by title only. Councilmember
Hamilton moved to adopt Resolution 19-27. 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
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Polglaze said he was recently in Philadelphia and on the
nightstand of the hotel room was a pamphlet regarding solar energy,
Philadelphia has an energy commission that urges people to join the
movement of solar panels and wished people would rise up and make an
effort for solar energy to be allowed everywhere. Burning fossil fuels is not
sustainable. Solar energy is the wave of the future.
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City of Clearwater
City Council
Meeting Minutes August 14, 2019
Councilmember Hamilton said he may not be at the special budget meeting
due to a family issue.
Councilmember Allbritton said he would not be at the next worksession. He
is happy the city has a sustainability coordinator; it is important for
Clearwater to move back into the green program.
12. Closing Comments by Mayor
13. Adjourn
Attest
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 7:24 p.m.
, cteo rie (\et N101
City of Clearwater
Mayor
City of Clearwater
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