05/04/2020 Council Work Session Meeting Minutes May 4, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
d
Meeting Minutes
Monday, May 4, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes May 4, 2020
To ensure public safety and comply with the Governor's Safer at Home order in response to the
COVID-19 virus, the Clearwater City Council will hold a public meeting on Monday, May 4, 2020 at 9:00
a.m. using communications media technology.
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron Desantis on March 20,
2020, municipalities may conduct meetings of their governing boards without having a quorum of its
members present physically or at any specific location, and utilizing communications media technology
such as telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes.
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor David Allbritton,
Councilmember Hoyt Hamilton, Councilmember Kathleen Beckman,
and Councilmember Mark Bunker
Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, and Rosemarie Call — City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Hibbard
The meeting was called to order at 9:00 a.m.
2. City Manager
2.1 Review Sustainability Progress and Programs. (WSO)
In 2010, the City conducted its first inventory to measure its greenhouse gas
emissions based on data from 2007. This inventory included the municipal,
residential, commercial, and industrial sectors within city limits. Upon
understanding the quantity and sources of its emissions, the City was able to
work with a consultant to devise an emission reduction plan that led to the
creation of Clearwater Greenprint. This sustainability plan was completed in
2011 and identified achievable strategies that could be implemented by
residents, businesses, the industrial sector, and the municipal government to
make Clearwater a thriving and sustainable community.
The two overarching goals of the initial Clearwater Greenprint plan are:
1)To reduce city-wide greenhouse gas emission to 10% below 2007
levels by 2020
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Council Work Session Meeting Minutes May 4, 2020
2)To reduce city-wide greenhouse gas emission to 25% below 2007 levels
by 2035
The City has completed its second greenhouse gas inventory for the 2018
calendar year. According to the inventory, the community wide GHG emissions
for 2018 were 1,128,690 metric tons of carbon dioxide equivalents (MTCO2e),
12.9 percent below its 2007 levels of 1,295,619 MTCO2e.
Energy and Transportation fuels continue to make up the bulk of the City's
greenhouse gas emissions. To address these sectors, the City is looking to
create programs to conserve energy within its municipal buildings, diversify the
fuel usage of its vehicles, and work with community partners to increase solar
energy and electric vehicle charging opportunities.
Sustainability Coordinator Sheridan Boyle presented a PowerPoint
presentation.
In response to questions, Ms. Boyle said, compared to 2007, the City's
commercial sector businesses have increased their natural gas
consumption, compared to the residential sector. She said appliances have
become more efficient. Duke Energy's reduction could be attributed to
decreased fossil fuel and increased renewable energy options or nuclear
energy. She said staff could look into incentivizing residents and workers for
driving electric vehicles. There are two electric vehicle charging stations on
city property. Garden Avenue Parking Garage and the former Countryside
Library. She said the Beach Recreation Center/Library will have a Level 2
charger and a fast level charger. Ms. Boyle said the charging station at
Garden is not used very frequently and believed not many know of its
availability. As technology-related companies have an interest in Clearwater,
the demand will increase. The City issued an RFP in February for energy
efficiency updates, the RFP committee will be scheduling a meeting to
review the responses. The City Manager said typically Council does not
receive a presentation of the responses, staffs role is to evaluate and make
recommendations. He said staff could provide Council copies of the
responses. Ms. Boyle said solar panels have not been installed on any city
building. She said solar panels were considered for the North Greenwood
Recreation Center but it was not pursued due to the long ROI period and
cost. The City Manager said that ROI has always been included in staffs
analysis and council will have an opportunity to direct staff to pursue a
proposal. Ms. Boyle said staff has reached out to the City of St. Petersburg
Fleet Manager about their Nissan Leaf fleet since a charging station is not
needed. Ms. Boyle said she would talk to Planning and Development
regarding the possibility of expanding bike lanes in the city through the
Complete Streets process. She said transportation is one of the hardest
things to tackle in the region since Clearwater is a built-out community and
requires creative strategies to reduce vehicular transportation. Some
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municipalities in the region have adopted greenhouse gas emission
reduction goals, such as St. Petersburg, while other municipalities have
adopted renewable energy goals, such as Largo. The City Manager said
Greenprint started as a partnership between staff and council, staff can
identify appropriate goals for council consensus. Ms. Boyle said it is difficult
to quantify the CNG vehicle miles traveled as the Florida Department of
Transportation only provides bulk data and does not identify vehicles running
on CNG.
Staff was directed to provide the inventory report. It was suggested that
staff consider solar panels for the solid waste transfer station.
3. Economic Development and Housing
3.1 Approve the Substantial Amendment to the City of Clearwater's 2019-2020 Annual
Action Plan to reallocate unencumbered funding and to budget for additional funding
provided by the United States Department of Housing and Urban Development (HUD) to
address needs resulting from the COVID-19 Emergency. (APH)
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act),
$492,592 of Community Development Block Grant Program funding
(CDBG-CV) was directly allocated to the City of Clearwater for use within
eligible programs to address community and housing impacts arising from the
COVID-19 pandemic. HUD has also provided various regulation waivers and
suspensions to provide for additional flexibility and expediency in utilizing the
funding.
The proposed Substantial Amendment to the 2019-2020 Annual Action Plan
(Amendment) provides for the expenditure of$492,592 in CDGB-CV, $130,000
of unencumbered CDBG funding from Program Year 2019-2020 and $300,000
in HOME Investment Partnership Program funding. The funds will be distributed
through four categories:
Business assistance: The Economic Development and Housing Department
(ED&H) will administer a program to provide grant funding and technical
assistance to eligible businesses affected by the COVID-19 pandemic.
Residential assistance: ED&H will administer a program to distribute funds for
rental and utility assistance as well as mortgage and utility assistance to
residents whose incomes have been affected by the pandemic.
Public Services: For Program Years 2019-2020 and 2020-2021 and the
CDBG-CV allocation, HUD has eliminated the requirement to spend no more
than 15% of the respective allocation on Public Services. The proposed
amendment budgets for expenditures in excess of the 15% cap for Public
Services that mitigate or respond to impacts arising from the pandemic.
Program administration: HUD regulations provide for up to 20% of CDBG-CV to
be used for costs associated with administering these programs. The city's
General fund is not impacted by the proposed amendment.
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APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will establish special program 181-G2010,
CDBG-CV Fund, recognizing a budget increase of$492,592 in CDBG grant
revenues from HUD, and a transfer of$131,000 in CDBG revenues from
181-G2004, Public Facilities.
In response to questions, Economic Development and Housing Assistant
Director Chuck Lane said $300,000 in SHIP funds and $300,000 in HOME
funds have been allocated for rent and utility assistance. Individuals needing
assistance must complete the online application, which will be available
Monday if the item is approved by Council. Applications are awarded on a
first come first serve basis. He said there are no alternative uses for the
CDBG funds, the funds must be used as outlined by the federal program.
Any of the SHIP and HOME funds the City uses for COVID-19 related
programming will mean there will be less funds the City uses for housing. He
said this year's SHIP allocation will offset what is being spent.
3.2 Endorse the application for Project Last Dance and commit the City of Clearwater to
provide local financial support (Local Match) not to exceed $10,000, which is ten percent
of the eligible tax refund, upon certification by State of Florida Department of Economic
Opportunity and adopt Resolution 20-20.
The Florida Legislature created Florida Statute, Section s.288.106 to encourage
the growth of Florida's high wage, value-added employment. This program is
commonly known as the Qualified Target Industry Tax Refund Program (QTI
Program). This law authorizes Enterprise Florida, Inc. to accept, review and
recommend applications for consideration by State of Florida Department of
Economic Opportunity (DEO) for tax refunds to qualified target industry
businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the
applicant requests certain information, including the name of the company,
remain confidential until such time as is required under statute or desired by the
applicant. Project Last Dance is the alias name of the applicant company.
This Resolution provides a commitment of the city to support the QTI Program
which provides a performance-based incentive. The incentive is negotiated in
advance of Project Last Dance commitment to expand its operations in the City
of Clearwater. It does not guarantee payment until such time as the terms of the
contract made between DEO and Project Last Dance are met, subject to
limitations described below.
QTI Program Description
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The QTI Program works as an inducement to encourage companies to locate
or expand in Florida. In accordance with the QTI Program eligibility criteria, no
commitment to expand in Florida has been made at this time. The incentive
may not exceed that which is requested in the application. As required by the
QTI Program, the Project Last Dance expansion will increase the Company's
employment in Florida by greater than 10% and, as evidenced by staff's
economic impact analysis1 , the proposed new jobs will make a significant
economic contribution to the area economy.
Description of Project
Project Last Dance is seeking State, County and City inducement to expand
operations and to create additional jobs in the City of Clearwater. The Company
projects to add 20 jobs over five years beginning in 2021. Project Last Dance
job creation schedule is as follows:
PhaseNumber of net new full-time equivalent Florida jobs created in the
business unitDate by which jobs will be created
1 10 12/31/2021
2 3 12/31/2022
3 3 12/31/2023
4 2 12/31/2024
5 2 12/31/2025
Total 20
Below are the types of jobs expected to be created by this Corporate
Headquarters:
Business Unit Activities 6 Digit NAICS Code(s)Project Function
Annualized Wage ($)
Custom Computer Programming Services 541511 100%
$56,236
Average Wage 100% $56,236
Average wages of all new jobs created by Project Last Dance is to be no less
than $56,236, which is 115% of the Statewide Annual Average Wage for the
year ended December 31, 2019.
QTI Program Request & Local Match Commitment
The requested tax refund is to be paid to the applicant each state fiscal year
(July 1- June 30) for a period of eight years. If approved by DEO, Pinellas
County and the City of Clearwater, the applicant will receive a refund for each
new job created in the City of Clearwater. The QTI Program allows for a refund
of eligible taxes paid that will equal a maximum of$3,000 per new job created
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and $2,000 for the DEO High Impact Sector Bonus. Eighty percent of this award
is provided by the State of Florida, with a Local Match of ten percent from the
City of Clearwater and ten percent from Pinellas County. Therefore, the
maximum Local City of Clearwater Match
award per new job created is $500 for a total Local Match of$10,000.
Payment Schedule
Disbursement of the fifty percent Local Match is paid out over an eight-year
period for each phase in which the jobs are created. The schedule is as follows:
PHASE #JOBSELIGIBLE LOCAL MATCH FY22/23 FY23/24 FY24/25
FY25/26 FY26/27 FY27/28 FY28/29 FY29/30
YR1 10 $5,000 $1,250 $1,250 $1,250$1,250
YR2 3 $1,500 $375 $375 $375 $375
YR3 3 $1,500 $375 $375 $375 $375
YR4 2 $1,000 $250 $250 $250 $250
YR5 2 $1,000 $250 $250 $250 $250
TOTAL 20 $10,000 $1,250 $1,625 $2,000 $2,250 $1,250 $875 $500 $250
The payment schedule is subject to the applicant continuing to meet all eligibility
criteria which is verified each year by the DEO, the City of Clearwater and
Pinellas County. Upon verification, the DEO requests the Local Match
disbursement check from the City up to the maximum yearly allowed amount.
The DEO then provides the disbursement to the applicant.
Conditions of Limitation &Termination
During the term of the agreement, the Local Match may be lowered under the
following conditions:
• If in any year the applicant does not achieve the job creation schedule
but achieves at least eighty percent of the required new jobs, the
company will receive a pro-rated refund less five percent penalty of the
schedule award amount for that year.
• If the total of the eligible taxes paid by the company is less than the
maximum eligible refund amount awarded, the Local Match will be
reduced on a pro-rated basis. The refunded amount will not exceed the
amount of eligible taxes paid by the company.
The Local Match may be eliminated under the following conditions:
• If job creation falls below 80% of the required jobs, the company will not
receive a refund and will be terminated from the program.
• If the average wage falls below$56,236, the company will not receive a
refund and will be terminated from the program.
APPROPRIATION CODE AND AMOUNT:
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For fiscal year 2022/23, funds are available in special program 181-99846,
Economic Development - QTI. Future year funding will be allocated during the
City's annual budget process.
In response to a question, Economic Development and Housing Director
Denise Sanderson said economic development projects that meet the
confidentiality requirement under Florida Statutes are assigned a code name
by staff.
3.3 Approve Clearwater's Back to Business Grant and Professional Services Program and
adopt Resolution 20-21.
The COVID-19 pandemic has been declared a national, state, county, and local
State of Emergency. Executive orders by the State and County have ordered
the closing of several types of businesses, and others be significantly negatively
impacted by CDC guidelines for "social distancing". The orders further restrict
public movement. The pandemic is causing severe economic harm to small
businesses.
To aid the city's hardest hit and most vulnerable small businesses, Economic
Development & Housing requests approval of Clearwater's Back to Business
Grant and Professional Services Program (also to be known as Clearwater's
Back to Business Program). The Program supports both "brick & mortar" as
well as home-based businesses and is more fully described in Exhibit A of
Resolution 20-21.
Brick & Mortar Businesses
For qualifying businesses occupying a commercial space, the city will provide:
1. $3000 "quick pay" grant to be used for business expenses including, but
not limited to commercial rent or mortgage and/or utilities, vendor
payments, employee wages, other.
2. Access to and payment of certain Professional Services. Services will
be procured by and through contractual relationship with non-profit
organization(s). Services will be funded in an amount not to exceed
$1000 per qualifying applicant. Non-profit organization will receive an
administrative fee of 10% of total services provided.
3. $2000 grant upon completion of Professional Services obligations.
Staff requests approval of$3,500,000 in General Fund Reserves to support the
program described above. The City Attorney's office has offered Legal Opinion
regarding the constitutionality of the use of general fund revenue for the
purposes described. Based on the facts presented, including appropriate
legislative findings, Economic Development & Housing concurs with the
conclusion of the City Attorney's office that expenditures limited to Brick &
Mortar Businesses serve a public purpose.
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Economic Development and Housing also finds the program, described above,
is consistent with the principles and practices of Economic Development. That
is, the use of public funds 1) will provide a direct economic impact through the
retention of jobs; 2) will provide indirect impact through the generation of
economic activity; and 3) will yield positive fiscal impacts for the city of
Clearwater (i.e. will reduce the negative impacts to the city commensurate with
the investment).
Staff will endeavor to reimburse General Fund Reserves to the maximum
amount possible using funds that are, or may become, available. These funding
sources include, but are not limited to, Community Development Block Grant as
made available by the federal CARES Act (CDBG-CV), Community
Redevelopment Agency, Downtown Development Board and others. Currently,
staff estimates approximately $300,000 will be reimbursed to General Fund
Reserves.
Home-Based Businesses
For qualifying home-based businesses, the city will provide:
1. Access to and payment of certain Professional Services. Services will
be procured by and through contractual relationship with non-profit
organization(s). Services will be funded in an amount not to exceed
$1000 per qualifying applicant. Non-profit organization will receive an
administrative fee of 10% of total services provided.
2. Grant equal to 1 month's revenue, not to exceed $2000, as evidenced by
appropriate financial records.
Funding is provided by CDBG-CV, Community Redevelopment Agency,
Downtown Development Board and others
Application Process
Applications will be processed via online portal and will take approximately
15-20 minutes to complete. Applicants will be served on a "first complete
application, first served" basis until funds are exhausted.
Termination of Program
Program will end when all funds are exhausted or December 31, 2020,
whichever occurs first.
The Council recessed from 10:19 a.m. to 10:25 a.m.
Economic Development and Housing Director Denise Sanderson
presented a PowerPoint presentation.
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In response to questions, Ms. Sanderson said should Council not approve
the general fund reserve allocation, staff will continue the program with the
COVID funds as described, which would likely include brick and mortar
establishments. She said no grant awards would be offered. The City
Attorney said staff looked at the legality of the proposed program, what will
be key are the findings for public benefit and public need. The resolution
outlines certain findings that Council will be making to determine this is an
appropriate use of the city funds. Ms. Sanderson said the department uses
the following criteria to evaluate a project: direct job creation (or retention of
direct jobs), indirect/spin-off job creation, and the ROI (does the City gain
any benefit from this). Staff can assume that many businesses will be saved
by this program, which will result in fewer vacant buildings and the City will
see a net-neutral in ad valorem tax revenue received.
4. Gas System
4.1 Approve a Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation to remove natural gas mains during a road improvement
project on US Highway 19 and Harn Boulevard, at an estimated cost of$4,840, and
authorize the appropriate officials to execute same. (consent)
The Florida Department of Transportation (FDOT) has a project (ID
#256881-5-52-01) to construct a pedestrian bridge from the south side of Harn
Blvd. and crossing US Highway 19 in Clearwater. This will involve the removal
of approximately 220 feet of 2-inch gas main, which is in conflict with the bridge
construction.
Under the Utility Work By Highway Contractor Agreement (UWHCA), the State
of Florida's Department of Transportation general contractor will perform the
removal of our existing natural gas mains. A replacement gas main will be
installed by Clearwater Gas System's sub-contractor on the north side of Harn
Blvd before the State bridge construction begins.
Having the State of Florida's Department of Transportation general contractor
remove the natural gas mains allows for work to be done in a timely manner
and releases Clearwater Gas System from penalty payments in the event we
cause delays on the pipe removal.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is budgeted and available in capital project
3237323-96377 (Pinellas New Mains and Service Lines).
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4.2 Approve a Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation to remove natural gas mains during a road improvement
project on US Highway 41, at an estimated cost of$52,800, and authorize the
appropriate officials to execute same. (consent)
The Florida Department of Transportation (FDOT) has a project (ID
#256324-2-52-01) to widen and improve US Highway 41, from north of
Connerton Blvd. to south of State Road 52, located in Pasco County. This will
involve the removal of approximately 4,000 feet of 6-inch gas main, which is in
conflict with the road project.
Under the Utility Work By Highway Contractor Agreement (UWHCA), the State
of Florida's Department of Transportation general contractor will perform the
removal of our existing natural gas mains. A replacement gas main will be
installed by Clearwater Gas System's sub-contractor prior to the State
removing our existing main.
Having the State of Florida's Department of Transportation general contractor
remove the natural gas mains allows for work to be done in a timely manner
and releases Clearwater Gas System from penalty payments in the event we
cause delays on the pipe removal.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is budgeted and available in capital project
3237323-96378 (Pasco New Mains and Service Lines).
5. Parks and Recreation
5.1 Approve a proposal by Construction Manager at Risk, Khors Construction, Inc. of Pinellas
Park, Florida, in the amount of$175,187.59 for the renovations and replacement of the
Pier 60 Bait House Grinder Pump Pneumatic Injector system and authorize the
appropriate officials to execute same. (consent)
On August 4, 2016, the Council approved the use of Construction Manager at
Risk Services (CMR) for Continuing Contracts Biltmore Construction Co., Inc.
of Belleair, FL; Cathey Construction and Development, LLC of Mexico Beach,
FL; Certus Builders, Inc. of Tampa, FL; J. Kokolakis Contracting, Inc. of
Tarpons Springs, FL; J.O. Delotto & Sons, Inc. of Tampa, FL; Keystone
Excavators, Inc. of Oldsmar, FL; Khors Construction, Inc. of Thonotosassa, FL;
and Wharton-Smith, Inc. of Sanford, FL for a period of four years.
These firms were selected in accordance with Florida Statutes 255.103 and
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287.055 under Request for Qualifications #24-16 based upon construction
experience, financial capability, availability of qualified staff, local knowledge and
involvement in the community.
Pier 60 Bait House, located on Pier 60 approximately 1,000 feet from the
mainland, has been in operation since the inception of Pier 60. The bait house is
a full-service retail store selling merchandise such as bait, fishing tackle,
prepackaged food and snacks, souvenirs, admission to the fishing pier, etc.
Public restrooms are provided in the shop for those using the pier and visiting
the bait house.
A lift station is required to operate the restrooms in the bait house. The current
lift station is outdated and failing as odors from the lift station are backing up into
the bait house. Staff is currently managing the odors with sprays and
antiseptics until such time as a new system can be installed.
This contract will completely replace the current sanitary system with a new
grinder pump pneumatic injector system, including a Carter Pump, demolition,
carpentry, thermal and moisture barrier, electrical, plumbing and finishes.
Once operational this new system will be easier to maintain, and it will remove
all waste and odors from the restroom and bait house.
This is a 120-day contract and will be completed in September of 2020.
The bait house will remain open to the public throughout the majority of this
contract as it will take up to 75 days lead time to construct and ship the new
injector system to Clearwater to be reassembled and installed in the lift station
pit. The bait house will need to be closed for a period of 14 days for this
installation.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 315-C2004, Lift Stations, to
fund this contract.
6. Engineering
6.1 Approve the request from the owner of property addressed as 2850 Sunstream Lane,
Clearwater, to vacate a portion of a platted utility easement, described as a part of Tract
C Drainage Area, Sunstream Subdivision, according to the plat thereof, as recorded in
Plat Book 143, Pages 65 through 69, of the Public Records of Pinellas County, Florida
and pass Ordinance 9390-20 on first reading.
The property owner at 2850 Sunstream Lane, Clearwater, has requested that
the City vacate a portion of a platted Utility Easement along the entrance to their
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property.
The partial easement vacation will allow the property owner to construct an
entrance sign to their subdivision.
There are no utilities present within this easement. City staff have reviewed this
vacation and have no objection.
6.2 Approve the Local Mitigation Strategy developed for Pinellas County and adopt
Resolution 20-18.
The purpose of the Local Mitigation Strategy is to establish an ongoing process
that will make hazard mitigation part of the daily functions of the entire
community. The Local Mitigation Strategy serves as a bridge between local
governments' growth management plans, the county comprehensive
emergency plan, land development regulations, and relevant ordinances and
codes such as those for floodplain management.
Most of the burden of recovering from a disaster falls on the shoulders of local
government. A major disaster can bring extraordinary hardship to citizens,
devastate the economic base, and diminish quality of life for years to come. If
hardships seen in other parts of the country can be avoided by making smarter
decisions before the disaster, the best interest of our citizens, businesses and
communities are better served.
The objective of the Local Mitigation Strategy is to develop a blueprint or guide
intended to provide a unified and consistent course of action needed to
eliminate or reduce the impact of disasters that threaten Pinellas County and its
municipalities.
The current Local Mitigation Strategy is the fourth update to the original, adopted
in 1999. Comprehensive updates were completed every 5-years, in 2004, 2009,
and 2015.
The complete local mitigation strategy document can be found at
http://www.pinellaslms.org.
In response to questions, Environmental Specialist Sara Kesslar said she is
the City's main liaison for the county working group, Emergency Manager
Jevon Graham and Planning and Development Assistant Director Lauren
Matzke also act as city representatives. The Plan addresses flooding, sea
level rise and identifies the city projects that will mitigate hazards listed in the
Plan. She said the Plan does not relay mitigation efforts for individual action
by residents.
6.3 Approve Change Order One to Waterfront Engineering, Inc., of Tampa, FL, for $51,469
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for the 2019 City Seawall Project (19-0021-EN), increasing the contract from
$254,710.50 to $306,179.50, and authorize the appropriate officials to execute same.
(consent)
September 5, 2019, City Council approved a construction contract for repairs at
eight locations: five on Island Estates, two at street ends on the intercoastal,
and one at the Betty Lane bridge over Stevenson Creek. Repairs include
replacement of seawall caps and anchors, installation of secondary tiebacks,
drain installation, cleaning of seawall joints, and hydraulic grout installation.
Change Order One is for repairs of an additional seawall location on Hamden
Drive and 3rd Street. Proposed repairs include installation of drains, cleaning
and sealing vertical joints, and filling voids along approximately 100 feet of
seawall.
APPROPRIATION CODE AND AMOUNT:
E N G F 180006-CO N S-C N ST RC
Funds are available in capital improvement project ENGF180006, Citywide
Docks and Seawalls, to fund this change order.
In response to questions, Environmental Specialist Sarah Kesslar said the
city is not raising the seawall above level of a new cap at this time,
the seawalls may be raised 6 inches or so. After the first of the year, staff will
begin surveying the seawalls again and determine if they need to be raised.
The City does not want to raise the seawall if the adjacent property owners
has not raised their seawall in order to avoid additional erosion issues. Ms.
Kesslar said there are two remaining sites on the contract before Council.
Discussion ensued with comments made that consideration be given to
raising the seawalls to minimize flooding due to a storm.
In response to a question, Ms. Kesslar said the contract could be amended
for additional work.
Staff was directed to identify the fiscal impact if sewalls were raised 12
inches instead of 6 inches and take the item off the Consent Agenda.
7. Public Utilities
7.1 Approve settlement of Department of Environmental Protection (DEP) vs. City of
Clearwater, OGC File No. 20-0100 for In-kind Project in the amount of at least
$80,388.96 and authorize the appropriate officials to execute same. (consent)
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The State of Florida Department of Environmental Protection found that City of
Clearwater discharged approximately 1,500 gallons of untreated wastewater to
a nearby waterbody known as Clearwater Harbor on June 24, 2019; 13,050
gallons of untreated wastewater to Allen's Creek on July 25, 2019 and August
16, 2019; 7,750 gallons of untreated wastewater to the Intercoastal Waterway
on August 16, 2019; 500 gallons of untreated wastewater to Stevenson Creek
on August 16, 2019; and 18,000 gallons of untreated wastewater to Tampa Bay
on August 16, 2019. In addition, the facility bypassed the Sand Filters at the
Marshall St. WRF on August 16, 17 and 19, 2019 resulting in a discharge of
approximately 3.OM gallons of partially treated wastewater to Stevenson creek.
These discharges resulted in alleged water quality violations and alleged
violations of Section 403.121 (3)(b), Florida Statutes, and Rules 62-604.130(1)
and 62-302.500(2)(e), Florida Administrative Code.
Each of the spills referenced in the Settlement Agreement were self-reported to
the FDEP immediately when they occurred by Utility staff members. The Public
Utilities Department (Department) self-reports every spill of any kind or volume.
Spills occur due to a number of reasons, some beyond our immediate control
like damage to our pipelines by independent contractors or when collection
system flows become excessive due to the entrance of large amounts of storm
water into our collection system during very heavy rainfall, tropical storms and
hurricanes. Some of the spills occur due to the malfunction or failure of
mechanical equipment and some due to human error. The Department has an
extensive multi-faceted program underway to reduce the impacts of rainfall
induced high collection system flows. In addition, Department holds
independent contractors that damage the city collection system piping
responsible for their errors and assess damages. The Department addresses
any employee errors when they occur and informs the entire team of changes
to standard protocols developed to prevent similar errors going forward.
The City and FDEP agreed to resolve this matter by the City implementing an
in-kind penalty project in the amount of$80,388.96, pending approval by City
Council.
APPROPRIATION CODE AND AMOUNT:
Funding will be provided by the capital and operating codes needed to cover the
cost of the in-kind project.
In response to a question, Public Utilities Director David Porter said one of
the conditions of the DEP project is that it must be a city program not
underway and must be related to mitigating filtration and inflow issues.
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Council Work Session Meeting Minutes May 4, 2020
8. Legal
8.1 Request for authority to settle case of City of Clearwater v. Jannelli, et al., Case No.
19-1896-CI. (consent)
On July 19, 2018, the City retained Weidner Law, P.A. (outside counsel) for
representation in municipal lien foreclosure matters. The outside counsel then
filed a foreclosure action against Gilbert Jannelli owner of the property located at
23837 US Highway 19 N.
The property has been brought into full compliance with the City's codes and
the owner has offered to pay $100,000.00 to settle this case. Therefore,
authority is being sought to settle this case for$100,000.00 in exchange for
which the City: 1) will release the liens that attach to this property; 2) agree not
to encumber the property with any future municipal liens stemming from any
violations of properties the owner owns other than the one at issue in this case
for a period of 18 months; and 3) and dismiss the lawsuit.
8.2 Approve renewal of Legal Services Agreement with Bryant Miller Olive for a three-year
period to act as Bond Counsel and authorize appropriate officials to execute same.
(consent)
The services provided by the bond counsel include providing all necessary
legal services required for issuance of City of Clearwater bonds, including
rendering a written legal opinion as to the legality of the bonds and the
proceedings by which they are issued and the exclusion from gross income for
federal income tax purposes of the interest paid on the bonds.
The costs incurred for this service due to bond issuance will be paid from bond
proceeds.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109821 530100 to cover the cost of the
contract.
8.3 Approve renewal of a Legal Services Agreement with Nabors, Giblin and Nickerson to
serve as Disclosure Counsel for a period of three years beginning May 15, 2020 and
authorize the appropriate officials to execute same. (consent)
The services provided by the disclosure counsel include preparation of a
Preliminary Official Statement and an Official Statement (disclosure
statements) in connection with the sale of city bonds. Also, coordination with
appropriate city personnel, city financial advisor, or other outside independent
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Council Work Session Meeting Minutes May 4, 2020
advisors in the preparation of any disclosure statements required by the City.
The costs incurred for this service due to bond issuance will be paid from bond
proceeds.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109821 530100 to fund this contract.
8.4 Adopt Ordinance 9389-20 on second reading, amending Chapter 32, Article V, Division
2, Pretreatment and Discharge Restrictions to specifically prohibit hazardous waste
pharmaceuticals to add requirements for dental facilities that remove or replace dental
amalgam fillings, to add reporting and waste management practices for dental facilities,
to require installation, certification and maintenance of dental vacuum suction systems,
and to provide exemptions from these requirements.
8.5 Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-19.
9. City Manager Verbal Reports
9.1 Solid Waste/ Recycling Complaints related to COVID-19
Solid Waste and Development Services Director Earl Gloster said the
Department resumed yard waste and bulk items collection today. The
service was suspended on April 10 in order to determine the measures
needed to protect employees since they work in close quarters with one
another.
In response to questions, Mr. Gloster said employees who work on trucks
are given gloves and masks, employees are required to wear their mask
while inside their assigned truck. Trucks that previously had three employees
assigned to a cab has been reduced to two employees. Staff is doing what
can be done, the nature of the business does not allow staff to comply with
all recommended guidelines. The employees spend most of their time out in
the back of truck, they are inside the cab when leaving neighborhoods. Mr.
Gloster said employees are instructed to pull aside when it is raining hard.
Discussion ensued with comments made that, although not timely, the City
collected the waste and recyclables and doing the best it can during this
pandemic. A comment was made that the City should consider providing a
rebate for those who have complained about the service interruption. The
City Manager said there are times, such as during a hurricane, the City
suspends normal business activity, there will always be some who feel they
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Council Work Session Meeting Minutes May 4, 2020
should receive a refund.
There was no council consensus to provide a rebate.
10. City Attorney Verbal Reports — None.
11. Council Discussion Item
11.1 Business Recovery Task Force Recommendations
Discussion will take place at the May 7 council meeting.
11.21mproving State Unemployment Benefits System - Councilmember Beckman
Councilmember Beckman said she is happy that Amplify Clearwater was
working on a business recovery proposal that will be presented at the council
meeting and that the Clearwater Neighborhoods Coalition is working to
identify how to address the needs of residents and neighborhoods. She
requested consideration for the City Council to submit a letter to Governor
DeSantis urging the improvement of Florida's unemployment benefits and
unemployment insurance programs. She expressed concerns that many
residents will remain unemployed beyond the 12 weeks maximum benefit
and that many businesses will not come back. She shared a copy of her
proposed draft letter and said a letter from the City Council would carry a lot
of weight.
The City Attorney said the City Council may pass a resolution or draft a
letter.
Discussion ensued with comments made that it is obvious Florida's
unemployment benefits system is not working but the system is currently
overwhelmed with unemployment claims due to the pandemic and it was
stated that Senator Ed Hooper will attend the council meeting for a legislative
update and an update on the State's unemployment system. A concern was
expressed that suggesting to increase the unemployment allowance is
troublesome when it is not known how it will impact the state budget.
In response to a question, the City Attorney said if Council chooses not to
send a letter, a Councilmember may draft a letter as an individual but not on
the Council's behalf. She said she would work with Councilmember
Beckman to edit the draft letter.
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Council Work Session Meeting Minutes May 4, 2020
It was stated that the draft letter would be shared with Senator Hooper so he
could review and provide feedback at the council meeting.
12. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). — None.
13. Closing Comments by Mayor
Mayor Hibbard said the beaches are re-opened and city ambassadors are
out there. Temporary sinks have been brought in for people to use to ensure
proper hygiene. He asked all to beachgoers to practice social distancing and
to be respectful of the police officers and ambassadors. He thanked the
Public Communications team for all their efforts to ensure the citizens are
updated on matters related to COVID-19.
14. Adjourn
The meeting adjourned at 11:38 a.m.
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City of Clearwater