07/16/2018 Council Work Session Meeting Minutes July 16, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
m
Meeting Minutes
Monday, July 16, 2018
1 :00 PM
Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes July 16, 2018
Roll Call
Present 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell (Arrived -1:40
p.m.), Councilmember Bob Cundiff, Councilmember David Allbritton,
and Councilmember Hoyt Hamilton
Also Present: William B. Horne II — City Manager, Jill Silverboard — Deputy City
Manager, Micah Maxwell —Assistant City Manager, Pamela K.
Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague —
Official Records and Legislative Services Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Cretekos
The Mayor called the meeting to order at 1:00 p.m. at City Hall.
2. Presentations — Given.
2.1 July Service Awards
Four service awards were presented to city employees.
The July 2018 Employee of the Month Award was presented to Terry
Repp, Parks and Recreation.
The July/August 2018 Bimonthly Team Award was presented to the
Traffic Operations Team: Charles Stephenson, Chris Fischer, Robby
Garrett, Jay Gibson, Mike Whittaker, Dave Taggart, Teddy Hordych and
Ted Mills.
The Council recessed from 1:11 p.m. to 3:18 p.m. to meet as the Community
Redevelopment Agency and Pension Trustees.
3. Office of Management and Budget
3.1 Adopt a tentative millage rate of 5.9550 mills for fiscal year 2018/19; set public hearing
dates on the budget for September 6, 2018 and September 20, 2018, to be held no
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Council Work Session Meeting Minutes July 16, 2018
earlier than 6:00 p.m., and schedule a special council meeting on July 31, 2018 at 1:30
p.m. to fully discuss the proposed budget.
In accordance with the Truth in Millage (TRIM) process, the City Council must
adopt a tentative millage rate and set public hearing dates prior to finalizing and
adopting a budget. This information must be provided to the Pinellas County
Property Appraiser and Tax Collector by August 3, 2018. The City's proposed
millage rate and public hearing dates will be included on the TRIM notices
mailed to taxpayers in August. This tentative rate cannot be increased without
first-class mailing notification to each taxpayer at the expense of the City of
Clearwater, not less than 10 days and not more than 15 days before the public
hearing.
The City Manager's recommended millage rate is 5.9550 mills, an increase of
0.8 mills from current year. This rate is 22.32% more than the rolled back rate
of 4.8684 mills. The rolled-back rate is the millage rate that will provide the City
with the same property tax revenue as was levied in the prior year. If the
proposed millage rate of 5.9550 mills is adopted, the City's ordinance adopting
the millage rate will reflect a 22.32% increase from the rolled-back rate of
4.8684 mills.
The proposed millage rate as well as other TRIM millage rates will be noted on
the 2018 compliance forms as follows:
5.9550 mills - Tentative millage rate
4.8684 mills - Rolled-back millage rate
6.7115 mills - Maximum majority vote rate
7.3827 mills - Maximum two-thirds vote rate
Staff would also like to schedule a special council meeting on July 31, 2018, at
1:30 p.m. to fully discuss the proposed budget.
The City Manager and Budget Manager Kayleen Kastel provided a
PowerPoint presentation.
Staff was directed to confirm council availability on July 31 in the morning.
4. Economic Development and Housing
4.1 Request for authority to initiate a foreclosure action on behalf of the City against the
Estate of Willie B. Holmes to seek recovery of a delinquent note secured by a mortgage
on property located at 505 North Garden Avenue.
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In 2002, the City issued a loan to Willie B. Holmes in the amount of$80,000 to
replace a single-family home located at 505 North Garden Avenue. Mr. Holmes
passed away in 2011, requiring full payment of the loan at that time. Repeated
attempts by staff to contact Mr. Holmes' estate on this matter have been
unsuccessful. Staff has followed direction provided in the Economic
Development and Housing Department Affordable Housing Loan Foreclosure
and Loan Foreclosure Alternative Policy. In accordance with the policy, notices
of delinquency, default and intent to seek council approval to initiate foreclosure
were sent to the borrower's address of record. Staff is now recommending the
last-resort option of initiating foreclosure. The principal balance of the loan is
$69,900.23 and there appears to be no superior debtors with an interest in this
property.
4.2 Request for authority to initiate a foreclosure action on behalf of the City against Bethel
Christian Center Church, Inc. to seek recovery of a delinquent note secured by a
mortgage on property located at 1002, 1004 and 1006 Grant Street, Clearwater.
In 1999, the City purchased three contiguous lots totaling 15,750 square feet
(Property) for$54,000 using Community Development Block Grant Program
funds made available from the United States Department of Housing and Urban
Development. In 2006, the City sold the Property to Bethel Christian Center
Church, Inc. (Bethel Christian) for$119,503 to construct a senior living facility.
In lieu of collecting the full sale proceeds at closing, the City agreed to issue a
loan for the property in the amount of$113,500. The property's value dropped
considerably over the next several years which reduced or eliminated the
feasibility for future investment by Bethel Christian; the senior living facility was
never constructed. Attempts to work out alternative payment arrangements
with Bethel Christian were unsuccessful and more recently, staff's attempts to
contact Bethel Christian's principal owner have yielded no responses. Staff has
followed direction provided in the Economic Development and Housing
Department Affordable Housing Loan Foreclosure and Loan Foreclosure
Alternative Policy. In accordance with the policy, notices of delinquency, default
and intent to seek Council approval to initiate foreclosure were sent to Bethel
Christian's address of record. Staff is now recommending the last-resort option
of initiating foreclosure. The principle balance of the loan is $103,166.87 and
there appears to be no superior debtors with an interest in this property.
4.3 Approve the Contract for Sale of Real Property by the City of Clearwater (Contract)
between the City and Florida Spine Properties, LLC; and authorize the appropriate
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officials to execute same, together with all other instruments required to affect closing.
(consent)
This property is located at 2251 Drew Street and is the former site of the City of
Clearwater's East Library (Pinellas County Property I.D. #
18-29-16-00000-220-0300). Construction of a new joint use library on the St.
Petersburg College campus is complete and East Library operations have been
relocated to the new facility.
On January 18, 2018, City Council declared the property surplus for the purpose
of sale, through Invitation to Bid #11-18, whereby the successful bid was
required to meet the terms set by Council. Per City Charter 2.01, real property
declared surplus shall be sold to the party submitting the highest competitive bid
above the appraised value whose bid meets the terms set by the Council and
whose proposed use of the property is in accordance with the Council's stated
purpose for declaring the property surplus. Accordingly, all qualifying bids were
required to meet the following terms:
• Bid price shall exceed $1,000,000.
• The property must generate ad valorem tax revenue free from
exemptions. Alternatively, an otherwise tax-exempt purchaser shall enter
into a Payment in Lieu of Taxes Agreement for all city portions of real
property taxes, tangible property taxes, utility taxes and any other
applicable taxes.
• The property owner shall increase the site's property value through
capital investment which must commence within one year of purchase.
An appraisal was performed on the property by James Millspaugh and
Associates, Inc. The appraised value was $1,000,000 with a valuation date of
April 5, 2017.
The City received two bids; both met the minimum qualifications listed above.
Each bidder is identified below with the respective proposed purchase price.
• Florida Spine Properties, LLC submitted a qualifying bid with a proposed
purchase price of$1,415,000.
• Skycrest Christian School submitted a qualifying bid with a proposed
purchase price of$1,250,000.
Consistent with City Charter 2.01 referenced above, staff recommends
approval of the Contract between the city and Florida Spine Properties, LLC, the
entity having submitted the highest competitive bid above the appraised value
whose bid meets the terms set by the Council. The proposed contract includes
a purchase price of$1,415,000 and incorporates all terms set by Council listed
above. Proceeds from sale will be deposited into the General Fund revenue
code 010-00000-364220 (Surplus Land Sales).
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5. Finance
5.1 Approve settlement of workers' compensation claim 10000056, for payment of$75,000
inclusive of attorney fees and costs for Robert Orton with a general release of all claims
and authorize the appropriate officials to execute same. (consent)
Mr. Orton (Claimant) retired effective 5/25/18 on a longevity pension at age 55.
He was employed at the City for 22 years. He was hired as a City fleet
mechanic where he worked until he was injured in May 2010. He eventually
went on light duty in the Planning and Development Department until he retired.
Due to his life expectancy, projected medical care and lost wages ranged from
$344,000 to $456,000.
The City has spent $60,959 in claims costs for approximately 8 years on this
case and would incur approximately $10,000 in additional expenses to litigate
any remaining issues.
At mediation, the claimant and his attorney agreed to settle this claim for
$75,000.00, inclusive of attorney fees and cost, contingent on City Council
approval.
Risk Management Division; the outside attorney for the City of Clearwater, Mark
Hungate with Banker Lopez Gassler, P.A.; and the City's Claims Committee
recommend approval.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
APPROPRIATION CODE AND AMOUNT:
590-7590-545800-519 $75,000.00
5.2 Authorize Contract Number 900382 with Smith Fence Company, Clearwater, FL, to
provide fencing and related services, in an annual not-to-exceed amount of$500,000 for
a five-year term, pursuant to Code of Ordinances Section 2.564(1)(d) Cooperative
Contracts and authorize the appropriate officials to execute same. (consent)
A cooperative bid effort for fencing and related services was handled by Pinellas
County Procurement and represented the projected requirements for eight
agencies in the region, including Clearwater. Pinellas County Bid Number
178-0122-B was issued for a five-year term with a mix of firm cost plus markup
pricing for Group 7 - Gate Operators. Unit pricing for Groups 1 through 6 - Steel
Fencing and Fence Gates, Plastic Pipe and Fittings and Groups 8 through 11 -
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Repairs, Installation, Labor, are adjustable at twelve-month intervals by the
Producer Price Index (PPI) and Consumer Price Index (CPI), respectively.
Primary utilization of fencing services is by Parks and Recreation for temporary
fencing associated with events and projects and permanent fencing around
facilities such as tennis and basketball courts, and ballfields. Other
departments utilize fencing services for repairs and project work.
The estimated annual requirements for fencing services by departments are as
follows:
➢ Parks and Recreation - $250,000
➢ General Services - $50,000
➢ Public Utilities - $20,000
➢ Clearwater Gas System - $15,000
➢ Planning & Development - $10,000
➢ Engineering - $5,000
➢ Marine & Aviation - $5,000
➢ Police - $5,000
These amounts are subject to change based on projects and events throughout
the year. The authorization includes $140,000 unallocated funds for flexibility
with additional needs for any department(s) within the City, including capital
projects in future years as well as emergency needs that may arise.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Fiscal Year 17/18 departmental budgets in various
operating and capital codes, and will be budgeted accordingly in future fiscal
years.
In response to questions, Purchasing Manager Alyce Benge said Parks and
Recreation uses the fencing for events at Coachman Park and other small
construction projects.
5.3 Declare miscellaneous furniture, minor equipment, and fixtures surplus to the needs of the
City for disposition via a citywide surplus sale and authorize the appropriate officials to
execute same. (consent)
Pursuant to Code of Ordinances Section 2.621, Sale of Surplus Personal
Property, Purchasing requests Council's authorization to hold a citywide public
surplus sale. Many departments have miscellaneous furniture and minor
equipment that needs to be surplused including library fixtures such as the
book/media shelving. An effort to advertise between departments and
repurpose items is underway. All items deemed to be surplus are being
consolidated at the vacant East Library on Drew Street.
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The East Library is a perfect opportunity and venue for the sale. With the
collection of surplus underway, the auction will be scheduled for late August.
The one-day sale will be managed by a professional auctioneer for commission,
via the Pinellas County Contract#145-0225-R, Auctioneer Services, Vehicles,
and Related Equipment.
Following the surplus sale, Purchasing will pursue further disposition of
remaining items through donation to charitable and/or not-for-profit
organizations.
APPROPRIATION CODE AND AMOUNT:
General surplus sale revenues are deposited in the General Fund.
6. Parks and Recreation
6.1 Approve 1.0 additional FTE (Full Time Equivalent) for the Juvenile Welfare Board (JWB)
funded programs held at Ross Norton and North Greenwood Recreation and Aquatics
Complex, for youth ranging in ages 7 through 14, and approve a third quarter budget
amendment of$33,495 in special program 181-99872, Coordinated Child Care.
(consent)
On September 7, 2017, the City Council approved a one-year Agreement with
Juvenile Welfare Board (JWB) for funding of youth programs and approved a
third quarter budget amendment of$372,645 in special program 181-99872,
Coordinated Child Care (JWB).
On May 10, 2018, the JWB approved additional funding of$33,495 for Fiscal
Year 17/18 and $80,387 for Fiscal Year 18/19 for enhancements to the Out of
School Time (OST) programs held at Ross Norton and North Greenwood
complexes. A portion of the additional funding was to be used to hire an
additional full time Recreation Specialist.
In order to adjust and correct the FTE count used for this program, staff is
bringing this recommendation forward at this time. The Resource Committee
approved the request for an additional 1.0 FTE at their June 6, 2018 meeting.
The OST is a program developed to nurture youngsters at the Clearwater
neighborhoods in which youth need the most direction. The program leaders
have developed a safe haven for community youth ages 7- 14 at Ross Norton
and North Greenwood Recreation Complexes.
The program is designed to incorporate exercise and nutrition-based activities
in an after school and summer camp setting, to encourage healthy lifestyle
choices, improve social skills, increase athletic abilities, and develop leadership
skills of the participants. Academic enrichment curriculum is also included in
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the program.
The new Recreation Specialist position will work closely with the children
enrolled in the OST program to improve their social and academic achievement
through a collaboration between the child's family, school and OST staff.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide an increase of$33,495 in other
governmental revenue in special program 181-99872, Coordinated Child Care,
to fund this enhanced programming in the contract.
In response to questions, Parks & Recreation Administrative Manager Jim
Halios said the item before council is for a year-round grant funded position,
JWB is reimbursing the City.
6.2 Approve an amendment to the Exclusive Non-Alcoholic Beverage Agreement between
the City of Clearwater (City) and Coca-Cola Refreshments USA, Inc. (Coca-Cola),
effective June 1, 2017 through September 30, 2022, to correct an omission in the original
agreement regarding payments to the City from the Monster Fund and authorize the
appropriate officials to execute same. (consent)
On December 21, 2017, the City Council approved an agreement with
Coca-Cola to provide services to the City to be the exclusive non-alcoholic
beverage vendor for the City.
According to the agreement Coca-Cola will provide full service vending
machines, a discounted price schedule for City and Concessionaire purchases
and a Licensing Payment of$92,500 to be paid in five annual payments of
$18,500. In addition, Coca-Cola, through a Monster Energy Drink Fund, was to
contribute an additional $25,000 to be paid in five annual payments of$5,000.
The total amount paid to the City would be $117,500 for the entire term ($23,500
per year).
Unfortunately, a paragraph detailing the Monster Fund and payment to the City
was omitted from the original agreement and thus the need to amend the
agreement to include a new paragraph detailing the payment of funds from the
Monster Fund to the City of Clearwater as was approved in the original
agreement. Without this additional paragraph, the City will only be receiving
$18,500 per year from Coca-Cola as Monster Fund is to contribute the
additional $5,000 per year.
All other conditions of the original agreement remain in place and this corrects
the omission in the final intended agreement between the City and Coca-Cola.
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6.3 Approve a new Capital Improvement Project, Eddie C. Moore Softball Complex
Renovations - PRAF180001, for the purpose of renovating and upgrading facilities at the
EC Moore Complex for player and spectator safety as well as provide for a facility that
can host major television broadcasting and production; approve a third quarter budget
amendment transfer of$495,000 of Penny funds from Bicycle Paths-Bridges (CIP
315-93272) and $295,000 of general fund from 2017/18 Parks and Recreation salary
savings to establish this project. (consent)
The City has hosted many important softball events and tournaments over the
past several years, including USA Softball annual tryout camp, and now has the
opportunity to host events that will be broadcast on ESPN with the first ever St.
Petersburg Clearwater Elite Invitational Tournament to be held in Clearwater at
the EC Moore Complex February 14 - 17, 2019.
Some of the teams scheduled to attend include the 2018 NCAA Division I
Women's College Softball Champion Florida State Seminoles, and the 2016
and 2017 NCAA Division I Champion Oklahoma Sooners. In order to
accommodate the ESPN production of this event several improvements and
renovations are needed to be made specifically at EC Moore 8 & 9 including
open access to the press box, camera stands and unobstructed views of the
field. Additionally, fan safety, neighboring safety and infrastructure that has
completed its useful life.
Renovations to upgrade the existing batting tunnels as well as expanding the
fields to accommodate national and international play on the fields.
Due to the timing of the ESPN event in February 2019 staff is recommending
the establishment of this new Capital Improvement Project now rather than
waiting until next year budget approval as there will not be enough time to get
the work completed.
The renovations and improvements will enhance the facilities and be available
to our local teams and programs.
Staff is recommending that funding for this project come from existing penny
funds in the Bike Path and Bridge CIP as well as general fund salary savings in
Parks and Recreation. The transfer of the Penny funds will in no way
jeopardize current or future bike path projects which include Del Oro Trail Head,
Courtney Campbell Overpass and repairs to Ream Wilson Trail.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will provide a transfer of$495,000 of Penny
funds from capital improvement project 315-93272, Bicycle Paths-Bridges, and
$295,000 of general fund to capital improvement project PRAF180001, Eddie C.
Moore Softball Complex Renovations, to fund this contract.
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6.4 Award a contract to Garland/DBS, Inc. (Garland), of Cleveland, Ohio for $405,846.10,
which includes a 10% contingency, to perform painting to all exterior surfaces of
Spectrum Field including the repairs and replacement of damaged exterior insulation
finishing systems (EFTS), under the Master Intergovernmental Cooperative Purchasing
Agreement (MICPA) with Cobb County, GA and U.S. Communities, and authorize the
appropriate officials to execute same. (consent)
A 20-year capital improvement (reserve) study was completed in Fiscal Year
2014/15 by Wannemacher, Jenson Architects Inc. (WJA) and Delta Engineering
for Spectrum Field.
As a result of the study, CIP budgets for the maintenance and upkeep of
Spectrum Field were established.
The study identified the need to repair and/or replace all damaged EFIS as well
as paint all exterior surfaces of Spectrum Field in Fiscal Year 2018/19.
In reviewing possible options for how to repair and replace the EFIS, staff looked
at the U.S. Communities and Master Intergovernmental Cooperative Purchasing
Agreement (MICPA). Garland is a contractor that has been awarded a bid for
roofing, painting and EFIS repair services through this agreement, and is
available to all members of the U.S. Communities cooperative, of which the City
of Clearwater is a member.
This contract will include the preparation work as required for replacing of
expansion joints adjacent to EFIS and masonry, repair damage to EFIS, painting
of EFIS and masonry walls.
Also, this contract includes a five-year material warranty on EFIS coating,joint
sealant as well as an additional one-year contractor's warranty on labor.
Garland shall inspect the EFIS once a year for warranty damage and make
repairs that might be needed for a period of five years.
To obtain the cost of this project Garland administered a competitive bid
process for the project and obtained four responsive bids. The City has had
successful experience with Garland on other City projects administered through
the Building and Maintenance Division as well as the Parks and Recreation
Department.
This is a 120-day project and will be started immediately at the conclusion of the
2018 Thresher season and completed prior to Philadelphia Phillies Spring
Training 2019.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Capital Improvement Program project 315-93205,
"Spectrum Field Repairs" to fund this contract.
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7. Engineering
7.1 Approve the request from the owner of property addressed 355 South Gulfview Boulevard
to vacate a portion of South Gulfview Boulevard Right-of-Way that abuts their property
and pass Ordinance 9167-18 on first reading. (VAC2018-05)
The property owner has requested the City vacate the east 1/2 of South
Gulfview Boulevard right-of-way that abuts their property for the owners use in
development of the new Beach Walk Inn Hotel. The use of this vacated space
will be consistent with Beach by Design Development criteria and the Hotel
Density Reserve Development Agreement dated July 28, 2017 and recorded in
Official Records Book 19727, Pages 2465-2503. The Community Development
Board reviewed and approved the project as Case FLD2017-07012 in February
2018.
During construction of this new project, the owner will relocate, at his/her
expense, all private and public utilities and shall obtain approval and acceptance
of the various utility owners prior to completion. This project shall commence
vertical construction within two years of the effective date of this ordinance, or
this vacation will be rendered null and void, subject to the tolling of said time
period in the event the proposed Development is subject to pending litigation.
In response to a question, the City Attorney said staff expects the vacation
request will be contested. There is an appeal in the court system that may
take a while to resolve.
8. Fire Department
8.1 Approve the Federally-Funded Subaward and Grant Agreement for public assistance
support for Hurricane Irma expenditures and authorize the City Manager to execute same.
(consent)
Federal Emergency Management Agency's (FEMA) Public Assistance program
is a Federal grant to aid State and Local governments in returning a disaster
area to pre-disaster conditions. A Request for Public Assistance (RPA) was
submitted and approved. FEMA and the State share the responsibility for
making Public Assistance funds available to the Subgrantee/Subrecipient. It is
now necessary for the City of Clearwater, as the Subgrantee/Subrecipient, to
enter into the Agreement with the Florida Division of Emergency Management
(the Grantee/Recipient).
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9. Information Technology
9.1 Award a contract extension to SunPrint, Inc. of Oldsmar, FL for copier and printer
services for the period of July 1, 2018 through October 20, 2018 and increase Munis
Contract No. 900094 by a $25,000 for a new total of$125,000, in accordance with Sec
2.564 (1)(d), Code of Ordinances, under Clay County School District Contract No.
12-SCH-87 and authorize the appropriate officials to execute same. (consent)
- SunPrint, Inc. was selected via piggyback/other governmental bid on a Clay
County Schools agreement.
- SunPrint, Inc. in July 2017 to provide hardware, printing supplies and
support services for the City's 72 copiers as well as support services an
additional 58 printers. The original contract was for a 9-month period from
7/1/17 - 4/19/18 for a total of$75,000.
- The contract was extended in April of 2018 for an additional 3 months
(4/20/18-7/31/18) and an $25,000, for a new total of$100,000.
- Clay County School District extended their service agreement through
October 20, 2018.
- The Information Technology Department will issue an RFP for copier and
print services in the July/August timeframe to solicit vendors for future
copier and print Services.
- The additional service extension will provide uninterrupted service and
support for the City's copiers and select printers through the solicitation
period.
APPROPRIATION CODE AND AMOUNT:
Monthly invoices are processed by the IT and charged back to departments
based upon specific print/copy volumes. Chargebacks are processed in
departmental operating budgets to line item 0544100 (rental
equipment/services).
9.2 Award a contract (Purchase Order) to State of Florida, Department of Management
Services, Tallahassee, Florida for Suncom long distance service, State AIN Centranet
lines and toll-free lines from August 1, 2018 through September 30, 2019, at a cost not to
exceed $153,412, in accordance with Sec 2.564 (1)(d), Code of Ordinances, under State
Contract DMS-08/09-071, and authorize the appropriate officials to execute same.
(consent)
Department of Management Services Total - $153,412
- Long Distance $641 per month x 14 = $8,974
- Local $115 per month x 14 = $1,610
- Centranet lines $10,200 per month x 14 = $142,800
- 800 # $2.00 per month x 14 = $28.00
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APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 5559865-541200, Telephone Charges, to fund
this contract.
10. Planning
10.1Approve a Future Land Use Map Amendment from the Commercial General (CG)
category to the Central Business District (CBD) category for 1000 Court Street and pass
Ordinance 9178-18 on first reading. (LUP2018-06004)
This Future Land Use Map amendment involves a 0.360-acre property located
on the northeast corner of Court Street and Ewing Avenue. The parcel is owned
by Court Street Animal Hospital, Inc. and is occupied by a veterinary office. The
request is to change the Future Land Use Map designation of the parcel from
Commercial General (CG) to Central Business District (CBD), consistent with
the remainder of the properties in the Prospect Lake Character District of
Downtown. This parcel was inadvertently not advertised within Ordinance
9143-18 which amended the remainder of the Prospect Lake Character District
to Central Business District (CDB); therefore, this city-initiated amendment is
being processed separately. This parcel was already designated with the
Downtown (D) District zoning, so a companion Zoning Atlas amendment is not
needed.
The proposed Central Business District (CBD) category allows a mix of uses;
however, the new Downtown District and Development Standards will dictate
where specific uses can be located. The densities and intensities applicable to
the Central Business District (CBD) are established within the adopted
Clearwater Downtown Redevelopment Plan. The density in the proposed
amendment area is 50 dwelling units per acre. Additionally, the intensity, or floor
area ratio (FAR) of the property is 1.5.
The Planning and Development Department determined that the proposed
Future Land Use Map amendment is consistent with the provisions of the
Clearwater Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
• The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use of
property in the immediate area.
In accordance with the Countywide Plan Rules, this land use plan amendment
is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning
Council, and the Board of County Commissioners acting as the Countywide
Planning Authority. The application is a small-scale amendment so review and
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Council Work Session Meeting Minutes July 16, 2018
approval by the Florida Department of Economic Opportunity and other state
agencies is not required.
The Community Development Board will review this application at its July 17,
2018 public hearing and staff will update Council of their recommendation at the
City Council meeting on July 19, 2018.
10.2Approve amendments to the Clearwater Community Development Code amending the
Downtown (D) District and establishing new development standards and a regulating plan
for properties located within the Downtown Planning area in a new Appendix C, updating
standards for bicycle parking, and making other amendments associated with the new
Downtown District and Development Standards; and pass Ordinance 9149-18 on first
reading. (TA2018-03001)
Proposed Ordinance 9149-18 repeals and replaces the existing Downtown
zoning district with several provisions including a new purpose and intent and
updated references to the consistent Countywide Plan Map Category. It also
proposes to limit residential density on properties within the Coastal Storm Area
(CSA), consistent with the City's Comprehensive Plan.
The ordinance establishes the new Downtown District and Development
Standards as Appendix C of the Community Development Code, which
contains the regulatory framework for the Downtown District including all use
provisions and development and design standards. The ordinance also
addresses various sections that need amendment as a result of the new
Appendix, as well as those relating to long-term bicycle parking standards.
Downtown District and Development Standards:
Appendix C is organized into nine Divisions, as outlined below:
• Division 1. General Provisions:
o Includes District intent and purpose, general organizational
information, and high-level explanation of the Divisions that
comprise the development standards
o Establishes certain exemptions from the development standards
• Division 2. Regulating Plan:
o Establishes two regulating plans for Downtown - Character
District Regulating Plan and Street Types and Key Corners
Regulating Plan - and generally describes each
o Establishes view corridors
• Division 3. Character District Standards:
o Regulates development potential (i.e., intensity and density);
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maximum building heights and required height transitions;
permitted uses and off-street parking; and bicycle parking
requirements
o Limits residential density for portions of properties located in the
Coastal Storm Area
o Introduces height transitions
o Requires long-term bike parking for a limited number of uses
• Division 4. Frontage Standards:
o Establishes seven frontages and identifies where these
frontages are permitted according to Street Type (as shown on
the regulating plan)
o Regulates building location, location of parking, ground floor
facade design, and front landscape and pedestrian
improvements along street frontages
o Establishes key corner requirements
• Division 5. Site Design Standards:
o Establishes general site design standards addressing:
development patterns and blocks; access and circulation;
parking and service areas (surface parking, structured parking,
and attached and detached garages for residential); landscaping
and fencing; stormwater management; waterfront development;
and drive-through facilities
• Division 6. Building Design Standards:
o Establishes general building design standards addressing:
fagade treatment and design; awnings, canopies and balconies;
roofs and mechanical equipment
o Introduces terms for developers to use when describing attached
dwelling types (duplex, townhome, fourplex, etc.)
• Division 7. Signs [Reserved]: Reserves a location for future sign
standards specific to the Downtown District.
• Division 8. Flexibility:
o Establishes a process by which an applicant may request
flexibility
o Outlines the development standards for which flexibility may be
requested
• Division 9. Administration:
o Sets forth provisions for the various approvals that are applicable
within the Downtown District
The ordinance also proposes to amend Article 3, Division 5, to recognize that all
development and design standards for the Downtown District will be located in
the new Appendix C and proposes to delete language for outdoor cafes within
the Downtown Planning area which were zoned Commercial as this land has
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Council Work Session Meeting Minutes July 16, 2018
not been rezoned to Downtown.
Bicycle Parking
The proposed amendment creates new long-term parking standards and
incorporates new bicycle parking diagrams into the existing standards.
Nonconformity Provisions
The proposed amendment removes language that stipulated that reconstruction
meet requirements of the Clearwater Downtown Redevelopment Plan and that
the design of a project complied with the Downtown Design Guidelines. The
change is needed because development standards are now included in the
proposed Downtown District and Development Standards and not the
Downtown Plan.
The Planning and Development Department has determined that the proposed
text amendment to the Community Development Code is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report.
The Community Development Board will review the proposed text amendment
at its July 17, 2018 public hearing and staff will report the Board's
recommendation to Council.
Planner Kyle Brotherton provided a PowerPoint presentation.
In response to questions, Planning and Development Assistant Director Gina
Clayton said city code does not allow use of the public property for private
development. Staff is working on signage code revisions for council
consideration at a future date. She said city code does not allow movement
in lights, allowing fagade lighting around windows would require a code
amendment. City code does not address holiday decorations, holiday lights
is allowed by code. Mr. Brotherton said the view corridor extends west of
Nicholson Street, the idea is to not have any buildings but only hardscape.
Long Range Planning Manager Lauren Matzke said for changes of use,
properties being grandfathered would be exempt from different development
standards, improvement, remodeling and reconstruction would allow an
additional amount of square footage.
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10.3Approve Chapter 4 of the Clearwater Redevelopment Plan which serves as the
Community Redevelopment Agency's work plan and pass Ordinance 9169-18 on first
reading.
As stated in the Downtown Redevelopment Plan's introduction, the Plan, "lays
the groundwork to reclaim Downtown as Clearwater's historic urban core and
the heart of the city." The primary focus of Chapter 4: Plan Implementation is to
provide a summary of the major activities and capital improvements that will be
completed by the City and the Community Redevelopment Agency over the next
five years. The Downtown Redevelopment Plan serves as a Special Area Plan
in accordance with the Countywide rules of Pinellas County. It also serves as
the Community Redevelopment Plan in accordance with Florida's Community
Redevelopment Act.
The Plan will be implemented in four major ways:
• Plan goals, objectives and design standards are applied through the site
plan review process
• The Public Amenities incentive pool program
• The Capital Improvements Program
• Policy implementation through City led projects and programs
There are four sections in this Chapter:
• Role of the Community Redevelopment Agency
• Funding Sources
• Incentives
• Capital Improvement Program and Policy Implementation Projects
The Community Redevelopment Agency (CRA) section outlines the role of the
CRA in downtown revitalization. The Funding Sources section contains all the
identified and potential sources of revenue for implementation as well as tax
increment projects for the CRA districts. The Incentives section provides
information on available incentive programs for the downtown area. It also
includes the relationship of this plan to the Community Development Code and
Public Amenities Incentive Pool. The Capital Improvement Program and Policy
Implementation Projects section lists planned improvements for the entire
downtown plan area as well as each character district.
Work sessions on this Chapter have been held with the CRA Trustees, the
Downtown Development Board and the Community Development Board. In
addition, the CRA has solicited comments from the Clearwater Chamber of
Commerce, Clearwater Downtown Partnership, the Downtown Merchants
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Council Work Session Meeting Minutes July 16, 2018
Association and several individual downtown stakeholders. This item will come
before the Community Development Board on July 17, 2018 and City Council on
July 19, 2018 for approval.
11. Public Utilities
11.1Approve the Contractual Agreement for Utilization of Wastewater Treatment Facilities
between the City of Clearwater and Safety Harbor, effective August 1, 2018 through July
31, 2048, and authorize the appropriate officials to execute same. (consent)
For more than thirty years, Clearwater and Safety Harbor have entered into
agreements for the joint utilization of wastewater transmission and treatment
facilities. Such agreements allocated to Safety Harbor four million gallons
maximum annual average daily flow of wastewater treatment capacity at the
Clearwater Northeast Water Reclamation Facility. Such agreements
established fees related to the expenses attributable to the operation,
maintenance, transmission, renewal, replacement, and administration
generated by the transmission, treatment, and disposal of wastewater. The
current agreement, which began on August 1, 1988 and expires on July 31,
2018.
The new agreement shall be in existence for another thirty years, effective
August 1, 2018 through July 31, 2048. The new agreement maintains the
long-standing relationship between Clearwater and Safety Harbor and
establishes updated fee arrangements related to the transmission, treatment,
and disposal of wastewater. Every year the monthly fee is updated based on
actual costs from the previous year. Capital improvements and modifications
are shared by Clearwater and Safety Harbor on a prorate basis. Safety Harbor
pays an additional fee for renewal and replacement costs.
12. Solid Waste
12.1Approve an amendment to the current agreement with AshBritt, Inc. of Deerfield Beach,
FL for the modification of the pricing rate for Management and Reduction: Grinding due to
a scrivener's error on the previously approved document and authorize the appropriate
officials to execute the same. (consent)
On September 7, 2017, Council approved an agreement with AshBritt, Inc. of
Deerfield Beach, Florida, for disaster debris removal and disposal services, as
recommended by the selection committee for the City's Request for Proposals
15-17. Approved at the same time was an Interlocal Agreement (ILA) with
Pinellas County to allow the City, as a participating agency, the option to engage
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Council Work Session Meeting Minutes July 16, 2018
contractor(s) for post-disaster debris collection/removal and/or post-disaster
debris removal monitoring services. AshBritt, Inc. is one of several debris
removal contractors chosen by the County to provide these services to
participating agencies.
On October 5, 2017, Council authorized the City Manager to execute an
amendment to the agreement with AshBritt, Inc. of Deerfield Beach, FL for the
modification of pricing rates for Disaster Debris Collection and Removal
Services, to add the "per cubic yard" rates from AshBritt's County contract to
the existing contract, which provided the flexibility of using either "per ton" rates
or "per cubic yard" rates. Included in the adopted rates was a scrivener's error
in the Management & Reduction category and the line entitled Grinding. The
correct amount should have been $4.25/cubic yard versus $2.40/cubic yard.
APPROPRIATION CODE AND AMOUNT:
All hurricane-related expenditures are being captured as part of a special project
entitled Hurricane Irma, Project#98610.
12.2Authorize the award of Invitation to Bid Number 24-18 to multiple vendors for citywide
custodial services, in an annual not-to-exceed amount of$600,000 for a one-year term,
with three, one-year renewal terms at the City's discretion and authorize the appropriate
officials to execute same. (consent)
Invitation to Bid (ITB) #24-18 was issued on May 8, 2018 for custodial services
required by various facilities within the City of Clearwater. The requested
services range from daily cleaning with quarterly/annual flooring cleaning in
administrative buildings to maintaining certain beach and marina restrooms. In
mid-May three days of mandatory site visits (36 locations) were conducted with
representatives from fifteen companies. The City received eight responsive
bids which were evaluated by General Services and Purchasing staff.
This award recommendation is formulated on the primary considerations of
responsiveness, responsibility, and price. Evaluating the responsibility element
of each bid submittal included secondary assessments of pricing
reasonableness for specific work by location and the company's capacity to
manage and perform the work at multiple facilities. Pricing evaluation involved
historical comparisons (by location), averaging of bids, and comparison of
estimated staffing and hours.
Company: Alba Cleaning, LLC of Bradenton, Florida
Locations: Clearwater Gas Complex, General Services, Solid Waste Complex,
PBI East & West, Armory, Libraries (Main, Beach, N. Greenwood, Countryside)
Estimated Annual Expenditures: $120,000
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Company: Building Maintenance Services, Inc. of Winter Park, Florida
Locations: WPC Marshall Street Complex, WPC NE Complex, RO Plants, Fire
45 & 48, Clearwater Gas Sales (Old Countryside Library)
Estimated Annual Expenditures: $140,000
Company: Chi-Ada Corporation, LLC of Oakland Park, Florida
Locations: Parks and Recreation locations (excluding PBI) and all services for
special events
Estimated Annual Expenditures: $100,000
Company: Xtremely Clean Janitorial Service, LLC of Temple Terrace,
Florida
Locations: City Hall, Municipal Services Building (MSB), MSB Garage, Beach
Marina Offices, Employee Health Center
Estimated Annual Expenditures: $200,000
In accordance with the ITB, modifications in required services may be made at
the City's discretion, including the addition or removal of services by company,
location, and/or frequency ($40,000 unassigned funding). There are multiple
city locations not represented in the initial award due to having staff with these
responsibilities. In addition, there are approximately twelve locations not
included in the site visits that will be added to the contract award effective on
August 1, 2018. New locations will be priced by the respective company
associated with building type or services required, as well as consideration for
the bid evaluation criteria noted herein.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Fiscal Year 17/18 departmental budgets and planned for
in Fiscal Year 18/19 in object code Contractual Services 530300, special
Events Project number 99865, and will be budgeted accordingly in future fiscal
years.
13. Official Records and Legislative Services
13.1Appoint Kristin Langley and Michelle Thomann-Ramirez with terms to expire May 31,
2022 and appoint an individual with a term to expire May 31, 2022 to the Parks and
Recreation Board.
APPOINTMENT WORKSHEET
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
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Council Work Session Meeting Minutes July 16, 2018
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Mark Antonio Rodriguez
MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct.
PLACE: Council Chambers - 6:30 p.m.
APPTS. NEEDED: 3
THE FOLLOWING ADVISORY BOARD MEMBERS HAD TERMS WHICH
EXPIRED AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
1. Emilio Gonzalez - 1620 Keystone Ct., 33756 - Teacher/Coach P.C. Schools
Original Appointment: 5/15/14
(was serving 1st term which expired 5/31/18)
Interest in reappointment: No
2. Kristin Langley - 1101 Maximo Ave., 33759 - Consultant
Original Appointment: 4/21/16
(was filling unexpired term which expired 5/31/18)
Interest in reappointment: Yes
(1 absence in the last year)
3. Michelle Thomann-Ramirez - 10 S. Keystone Dr., 33755 - Art Educator/Artist
Original Appointment: 4/6/17
(was filling unexpired term which expired 5/31/18)
Interest in reappointment: Yes
(0 absences in the last year)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCIES:
1. Jason Hood - 2064 Dunston Cove Rd., 33755 - Owner,Advantage Yours
2. Meg Taylor - 1423 Pinebrook Dr., 33755 - Sales Adm. Manager
Zip codes of current members on board:
1 at 33764
2 at 33765
1 at 33767
There was consensus to appoint Jason Hood with a term expiring May 31,
2022. Staff was directed to place the item on the Consent Agenda.
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13.2Reappoint Peggy Cutkomp to the Neighborhood and Affordable Housing Advisory
Board, as the real estate professional in connection with affordable housing, with a term
to expire June 30, 2022. (consent)
APPOINTMENT WORKSHEET
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Carmen Santiago
MEETING DATE: 2nd Tues. most months
PLACE: Chambers
APPTS. NEEDED: 1
STAFF LIAISON: Chuck Lane
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate
Professional in Connection with Affordable Housing; Clearwater Resident;
Residential Home Building Industry; Advocate for Low Income Housing;
Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry;
Employer's Representative.
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH WILL
BE EXPIRING AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM.
SHE WISHES TO SERVE ANOTHER TERM.
(AT THIS TIME THERE ARE NO OTHER QUALIFIED NOMINEES ON FILE)
1. Peggy Cutkomp - 1955 McKinley St., 33765 - Retired R.E.Agent
Original Appointment: 6/18/98
(--1 Absence in the last year)
Interest in reappointment: Yes - (currently serving 4th term until 6/30/18)
(Real Estate professional in connection with affordable housing)
Zip codes of current members:
1 - 33703
1 - 33711
3 - 33756
1 - 33765
1 - 34222
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Current Special Qualifications:
1 citizen actively engaged in the banking or mortgage Industry in connection
with affordable housing
1 citizen actively engaged in the residential home building industry in connection
with affordable housing
1 citizen who resides within the City of Clearwater
1 citizen actively engaged as a real estate professional in connection with
affordable housing
1 citizen actively engaged as an advocate for low-income persons in connection
with affordable housing
1 citizen actively engaged as a not-for-profit provider of affordable housing
1 citizen who represents employers within the City of Clearwater
13.3Disband the Strong Mayor Task Force. (consent)
The Strong Mayor Task Force completed its review of the city charter and
approved amendments for a mayor-council form of government on Tuesday,
July 3, 2018.
13.4Designate Mayor George N. Cretekos to serve as the City's official voting delegate at the
Florida League of Cities' Annual Conference, August 16-18, 2018. (consent)
The Florida League of Cities' Annual Conference will be held at The Diplomat in
Hollywood, Florida on August 16-18.
The League is asking each municipality to designate one official to be the voting
delegate at the Annual Business Session on Saturday, August 18 at 9:00 a.m.
Election of League leadership and adoption of resolutions are undertaken at the
business meeting.
14. Legal
14.1 Request for authority to settle the case of City of Clearwater v. B.R.W. Contracting, Inc.,
Case No. 13- 7292-CI. (consent)
In 2010, the City was using B.R.W. Contracting, Inc. as a general contractor to
install a gravity sewer line in the Overlea/Stevenson Creek neighborhood.
During construction, B.R.W. was cleaning out the new line and caused waste
water to back up into several houses and apartments.
Because of B.R.W.'s failure to address the problem, the City was forced to hire
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Council Work Session Meeting Minutes July 16, 2018
a remediation company to clean up the residences and repair the damage
and/or replace the damaged property.
The City brought suit against B.R.W. Contracting, Inc. seeking reimbursement
for the cost of the repairs and/or replacement of the damaged property.
Authority is being sought to settle this case for$125,000.00, in exchange for
which the City will deliver a full release to B.R.W., Contracting, Inc., and the
pending civil action will be dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
0-590-07590-545900-519-000-000
14.2Adopt Ordinance 9123-18 on second reading, annexing certain real properties whose
post office addresses are 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane,
Clearwater, Florida 33761, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
14.3Adopt Ordinance 9124-18 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 3474 Aspen Trail, 3490 and 3492 Lake Shore Lane,
Clearwater, Florida 33761, upon annexation into the City of Clearwater, as Residential
Low (RL) and Water/Drainage Feature, and to change the land use for a 9.20 acre
portion o the same real property from Transportation Utility (T/U) and Preservation (P) (in
Pinellas County), to Residential Low (RL) and Transportation/Utility (T/U) Overlay (1.52
acres only).
14.4Adopt Ordinance 9125-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 3474 Aspen Trail, 3490
and 3492 Lake Shore Lane, Clearwater, Florida 33761, upon annexation into the City of
Clearwater as Low Density Residential (LDR) and Low Medium Density Residential
(LMDR).
14.5Adopt Ordinance 9164-18 on second reading, annexing certain real property whose post
office address is 3053 Merrill Avenue, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
14.6Adopt Ordinance 9165-18 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 3053 Merrill Avenue, Clearwater, Florida 33759, upon
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annexation into the City of Clearwater, as Residential Low (RL).
14.7Adopt Ordinance 9166-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 3053 Merrill Avenue,
Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium
Density Residential (LMDR).
14.8Adopt Ordinance 9168-18 on second reading, vacating the 2 foot water main easement
along the east line of Lot 1, Block 3, Revised Map of Clearwater Beach, as recorded in
Plat Book 11, Page 5, of the Public Records of Pinellas County, Florida.
14.9Approve a five-year contingency fee Legal Services Agreement with the law firm of
Weidner Law, P.A., of St. Petersburg, FL, for representation in municipal lien foreclosure
matters and authorize the appropriate officials to execute same. (consent)
Weidner Law, P.A. is a law firm that specializes in representation of municipal
lien foreclosure lawsuits. The firm has successfully represented the City of St.
Petersburg and Hillsborough County in many such cases.
This is the first Legal Services Agreement entered into between the City and
Weidner Law, P.A.. The current city policy is to have agreements last no longer
than five years when possible.
Any lawsuits assigned to the firm will be brought individually to council for
approval. The agreement contains a contingency fee, and Weidner Law, P.A.
agrees to bear all initial costs of litigation to be paid upon completion of the suit.
Legal Services are exempt from bidding requirements under Section 2.564(1)
(h) of the Clearwater Code of Ordinance.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100 (Professional Services) to
fund this contract for this fiscal year and will be budgeted in this cost code for
each subsequent contract year.
14.10Discuss Ordinance 9179-18, changing the current form of government to mayor-council.
The City Attorney provided copies of the proposed changes to the ballot
question. Hyphenated words count as two words. She said the ballot title
cannot be more than 15 words. Copies of the proposed ordinance will be
presented at the council meeting. She said Council may provide direction at
the council meeting to proceed with formally presenting the ordinance.
15. City Manager Verbal Reports — None.
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16. City Attorney Verbal Reports — None.
17. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
18. Closing Comments by Mayor
19. Adjourn
The meeting adjourned at 4:54 p.m.
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