06/01/2020 Council Work Session Meeting Minutes June 1, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, June 1, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes June 1, 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, June 1, 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. via communications media
technology.
Police Chief Daniel Slaughter said he was dissatisfied with how the former
Minneapolis officer handled the George Floyd situation and Clearwater
officers recognize that behavior as wrong. The Clearwater Police
Department has a record of being community centric, making sure the
community's needs are served. Chief Slaughter said the Department
emphasized training, which is key to avoiding tragic situations like the one
experienced in Minneapolis. He said the Department took steps to prepare
for potential protests, such as monitoring social media and individuals who
wish to hijack a peaceful protest to create violence. He said there was a
small peaceful protest at the Police Department, all participants handled
themselves responsibly.
It was stated that the dialogue will continue throughout the country and that
the City will make sure that our citizens, protestors and officers are
protected.
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2. City Manager
2.1 Approve a recommendation by the Public Art and Design Board for a grant of$8,500 to
FYI Community Partnership, Inc. for their proposal of the creation of an artist-led
community mural in the Lake Belleview neighborhood to be funded from the
Miscellaneous Public Art Fund (Al 901). (consent)
FYI Community Partnership, Inc. is a non-profit organization based in South
Greenwood and focused on providing responsive, timely, and creative solutions
to empower families in at-risk communities improve their quality of life. The
organization has submitted an application seeking discretionary funds to
facilitate the creation of an artist-led community mural in the Lake Belleview
neighborhood. Funding for this program would provide for a local artist to
engage with residents to create a site-specific, community-focused design.
To address requests of this nature the Public Art& Design Board has
developed guidelines to govern the application process for discretionary fund
assistance. Applications must be sponsored by a neighborhood, community, or
arts organization and must align with the goals and objectives of the 2007
Public Art Master Plan.
FYI Community Partnership, Inc.'s request supports the City's Strategic Vision
by providing public art for the citizens and visitors of Clearwater and aligns with
the Public Art Master Plan for projects that strengthen civic connectivity and
support neighborhood identity. This project contributes to a visual language that
helps make Clearwater's neighborhoods identifiable and unique will create a
point of pride within the Lake Belleview community.
At the January 30, 2020 Public Art & Design Program meeting, the Board voted
to unanimously approve the FYI Community Partnership, Inc. funding request
and submits its recommendation that the City Council approve this grant.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital project 315-Al 901, Miscellaneous Public Art, to
fund this grant.
In response to a question, Cultural Affairs Coordinator Christopher Hubbard
said a storage facility on S. Howard, near the Ross Norton Recreation
Center, has been identified as the "Palette."
3. Gas System
3.1 Accept Dunedin Ordinance 20-03, an Interlocal Agreement/Gas Franchise with the City of
Dunedin, in order for Clearwater Gas System to continue to provide natural gas service to
the citizens of Dunedin and adopt City of Clearwater Resolution 20-26.
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On May 19, 2020, the City of Dunedin Commission approved and adopted on
second reading, Ordinance 20-03 which provides for an Interlocal Agreement
with the City of Clearwater, setting forth the terms of a franchise for Clearwater
Gas System to provide natural gas service in Dunedin.
The previous franchise with City of Dunedin was approved on May 1, 1990 and
expired on April 30, 2020. Currently, CGS is operating on a month to month
basis under the provisions of that franchise agreement due to unavoidable
delays resulting from the COVID-19 health emergency.
The effective date of the new franchise shall be the 1 st day of the month
following approval of the Interlocal Agreement by the City of Clearwater. The
Agreement provides the City of Clearwater a 15-year non-exclusive right to
continue to construct, operate and maintain all facilities necessary to supply
natural gas to the City of Dunedin. The agreement also provides for a renewal
option for an additional 15 years.
The Interlocal Agreement provides for a 6% franchise fee to be paid by the
consumers of natural gas within the City of Dunedin. The prior franchise fee
was 5%.
3.2 Accept a Gas Utility Easement from Carlos Saenz, for the construction, installation, and
maintenance of gas utility facilities on real property located at 14671 State Road 52,
Hudson, FL and adopt Resolution 20-25.
Carlos Saenz (Grantor) has granted a non-exclusive five-foot wide natural gas
easement, on property located on State Road 52,just west of Hays Road
(Parcel ID# 11-25-17-0000-00100-0015) in Pasco County, for the installation of
a natural gas distribution line. This main line will serve a commercial customer
(Dairy Queen) located at 14671 State Rd 52 and will provide service to a future
commercial customer located at 14685 State Rd 52.
The easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
3.3 Accept a Natural Gas Easement from Weingarten Nostat Inc, for the construction,
installation and maintenance of gas utility facilities on real property located at 23654 US
Highway 19 North and adopt Resolution 20-24.
Weingarten Nostat Inc (Grantor) has granted a non-exclusive five-foot wide
natural gas easement, on property located in the Shopping Center at the
Southwest corner of Sunset Point and US Highway 19 (Parcel ID#
06-29-16-00000-410-0200) in Clearwater, for the installation of a natural gas
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distribution line. This main line will serve two commercial customers located at
a newly constructed building within the main site parcel (sub-parcel address
23894 & 23886 US Hwy 19 N, Clearwater) and will provide service to future
commercial customers within the Plaza if requested.
The easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
4. Police Department
4.1 Approve a renewal of the Tampa Bay Multi-Agency Gang Task Force Memorandum of
Understanding and the accompanying Mutual Aid Agreement for a five-year period
commencing upon execution and expiring on May 30, 2025 and authorize the Chief of
Police to execute same. (consent)
Mutual aid agreements between law enforcement agencies are authorized by
Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law
enforcement nature to one another across jurisdictional lines and providing
operational assistance.
The principal goal of the Memorandum of Understanding (MOU) is to provide for
an orderly and equitable plan for the distribution of assets forfeited as a result of
any Multi-agency gang task force activation and to provide for the disbursement
of any such assets or funds as outlined in the MOU.
The Mutual Aid Agreement joins agencies together to form a task force whereby
each agency may request and render law enforcement assistance to the other
to include, but not necessarily limited to civil disturbances, large protest
demonstrations, concerts and parades related to gang and disruptive group
activity, and gang and disruptive group related crime.
Each agency shall have a representative on the Multi-Agency Gang Task Force
steering committee.
Each participating agency is subject to the terms and conditions in the Mutual
Aid Agreement.
5. Engineering
5.1 Approve Engineer of Record (EOR) Work Order to Stantec Consulting Services, Inc., in
the amount of$198,608 for design services for Lift Station 16 Rehabilitation on Pierce
Street (20-0008-UT), and authorize the appropriation officials to execute same. (consent)
Lift Station 16 components are at the end of useful life and in need of
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replacement/upgrades. Stantec will provide design, permitting, and bidding
services associated with repair and replacement of old equipment in addition to
raising the level of new electrical/mechanical equipment for improved resiliency.
Also included is an evaluation and subsequent design of either a permanent
generator or diesel pump to provide backup reliability in the event of an electrical
power failure.
It is anticipated the design will be completed within approximately 7 months
from the date of council approval.
The City of Clearwater Public Utilities Department is responsible for owning,
operating, and maintaining the sanitary sewer collection system.
APPROPRIATION CODE AND AMOUNT:
3217321-561300-96686 $198,608
Funds are available in capital improvement project 96686, Pump Station
Replacement, to fund this work order.
In response to questions, Engineering Manager Jeremy Brown said the lift
station is located just below the CMA lot. The life station is the one that
replaced one below City Hall, staff wanted to take advantage of the Imagine
Clearwater project to implement upgrades.
5.2 Approve a Joint Project Agreement (JPA) with Pinellas County for the Reclaimed Water
(RCW) Pipe Repair on Old Coachman (Project No. 17-0056-UT) in the amount of
$356,790 and authorize the appropriate officials to execute same. (consent)
Pinellas County intends to replace the bridge crossing at Old Coachman Road
and Alligator Creek. The City of Clearwater owns a 16-inch RCW main that runs
along the west side of the existing bridge. This construction requires relocation
and adjustments of the City's RCW main due to conflicts with the County's
proposed improvements.
Pinellas County will receive competitive bids for the project and award the
contract to the lowest responsible bidder. Final costs will be determined by the
contractor's bid. The City will be advised of the actual contract bid costs and will
be given the opportunity to reject the bid if deemed excessive.
The project is estimated to be complete within 240 calendar days from the
Notice to Proceed issued by Pinellas County to the contractor.
Public Utilities Department owns and maintains the reclaimed water distribution
system.
APPROPRIATION CODE AND AMOUNT:
3217321-536800-96739 $356,790.00
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Funds are available in capital improvement project 96739, Reclaimed Water
Distribution System, to fund the JPA.
5.3 Approve Change Order 1 to Paramount Painting and Services, Inc of Tampa, FL, for East
WRF RDT Building Repair (18-0016-UT) in the amount of$72,145, increasing the
contract from $59,435 to $131,580, and authorize the appropriate officials to execute
same. (consent)
A concrete floor slab at the East WRF RDT building has deteriorated to a level
requiring repairs. The City engaged an EOR to assist with repair documents
and solicit bids.
January 15, 2020, City Manager approved a construction contract to Paramount
Painting & Services, Inc for structural restoration in the amount of$59,435.
During the time between the publicly advertised on-site pre-bid meeting and the
issuance of Notice to Proceed to the low bidder, the structure experienced
significant accelerated deterioration.
Although this is a sizable change order, staff recommends approval. This
change order will enable the timely placement of bracing to prevent additional
structural deterioration and ensure safety. Addressing the repairs now will
minimize costs of potential increasing repairs, while conserving staff resources
for a more successful and efficient project outcome. The unit prices for the
additional work including concrete repair, shoring, and stucco rehab, are fair
and reasonable when compared to recent projects from 2017 and 2020.
APPROPRIATION CODE AND AMOUNT:
3277327-546700-M 1907$72,145.00
Funding is available in Utility Renewal and Replacement project M1907, East
Plant Repair and Replacement.
In response to questions, Engineering Director Tara Kivett said several
factors contributed to the cost increases:pre-bid meeting was held in
September and was approved by the City Manager in January since it was
under$100,000; the pre-construction meeting was held in March, and a
couple vacant positions in the department. She said between the pre-bid
meeting and the City Manager's approval timeline, accelerated deterioration
was identified. There are corrosive chemicals in this environment, the East
Water Reclamation Facility is located by the bay. The item before Council is
to address the deterioration that occurred beyond the bid document. She
said the structural engineer who worked on the original project identified the
scope and methods of repair for the additional deterioration. The proposed
unit prices were fair and reasonable. Ms. Kivett said re-bidding the project
would delay it by another 3 months. Once the concrete is cracked, the rebar
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is exposed.
5.4 Approve the correction of a scrivener's error in that certain resolution adopted on May 21,
2020, which accepted a utility easement from Florida Spine Properties, LLC, changing
the resolution mistakenly labeled as number 20-07 to Resolution 20-08, and adopt
Resolution 20-27.
Resolution 20-27 corrects a scrivener's error in the resolution adopted as
Resolution 20-07 at the May 21, 2020 council meeting to accept a utility
easement from Florida Spine Properties, LLC. Resolution 20-27 changes the
adopted resolution from Resolution 20-07 to Resolution 20-08.
6. Marine & Aviation
6.1 Approve Joint Participation Agreement (JPA) G1 K66 between the City of Clearwater and
the State of Florida Department of Transportation (FDOT), adopt Resolution 20-23,
authorize a transfer from Airpark Fund reserves of$6,403.60, and authorize the
appropriate officials to execute same. (consent)
FDOT JPA Agreement G1 K66 provides 80% grant funding for the Clearwater
Airpark Vehicle Replacement Project, with Airpark Reserves providing a 20%
match. This agreement provides for the purchase of a vehicle and associated
accessories to replace a 2008 pickup truck. The project cost is $32,018.00 with
FDOT contributing $25,614.40, Airpark Fund providing a $6,403.60 match.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will establish Capital Improvement project
G2012, Clearwater Airpark Vehicle Replacement, recognizing a budget increase
of$25,614.40 in FDOT grant revenues and a transfer of Airpark Fund reserves
of$6,403.60 to provide required matching funds.
USE OF RESERVE FUNDS:
Funding for the City's portion of this agreement will be provided by mid-year
budget amendment allocating Airpark Fund reserves in the amount of$6,403.60
to capital improvement project G2012, Clearwater Airpark Vehicle Replacement.
The remaining balance of Airpark Fund reserves after 25% working capital
reserves is approximately $544,170 or 85% of the current Airpark Fund
operating budget.
7. Solid Waste
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7.1 Declare surplus and authorize disposition of identified vehicles and equipment via
auction to the highest bidder, pursuant to Clearwater Code of Ordinances Section 2.622,
Surplus Personal Property, and authorize the appropriate officials to execute same.
(consent)
G1319 is a generator that was turned into Fleet. This generator is obsolete,
worn out and will not be replaced.
G3816 is a rescue unit that was turned into Fleet. This vehicle was kept as a
reserve unit and is no longer needed.
G3459 (Ford F150) was wrecked on March 10, 2020 and deemed a total loss by
the Risk Management Division. The amount to be reimbursed by Risk is
$8,331.00. The Resource Management Committee approved replacement of
G3459 and its prospective replacement has already been ordered.
G2787 G3039 G3277 G3278 G3618 were authorized by City Council to be
returned to service on November 15, 2018 on Agenda Item # 18-5371 due to the
transfer station being built and Solid Waste needing to temporarily direct haul to
Pinellas County waste-to-energy plant. The transfer station build has been
completed and the vehicles are no longer needed. G3277 had a catastrophic
engine failure which was too costly to repair; and was sold at auction February
9, 2019.
City Council authorization for surplus is required in accordance with Code
Section 2.622 when the sale of common bulk items is estimated to exceed
$5,000.
APPROPRIATION CODE AND AMOUNT:
566-00000-364413- Surplus Vehicles
8. Public Utilities
8.1 Authorize a Purchase Order with Hach Company, for the purchase of Laboratory
Equipment, Supplies, and Materials in the amount not to exceed $150,000 for the period
of June 6, 2020 through June 13, 2021, per Clearwater Code of Ordinances Section
2.564(1)(d) Other Government Entities' Bids, and, authorize the appropriate officials to
execute same. (consent)
Hach Company provides a reliable source for laboratory equipment, supplies
and materials used by Public Utilities. The items available include a wide variety
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of testing and repair equipment and supplies including supplies, electrical hand
tools, hardware, laboratory equipment and parts, etc. This contract will allow the
City to benefit from previously established competitive prices and discounts for
various items as required.
Piggyback Contract: Lee County Contract#B170418GWT - expires June 13,
2021.
Public Utilities- $150,000
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in Public Utilities operating cost centers to cover
the cost of the contract for FY20.
Funding for the period in fiscal years FY21 will be requested with in contract
calendar and spending limits.
9. Official Records and Legislative Services
9.1 Appoint one member to the Audit Committee as a citizen representative with term a to
expire May 31, 2025.
Body: SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Audit Committee
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
TERM: 5 years
MEMBERS: 5
CHAIRPERSON:
MEETING DATES: As required
APPOINTMENTS NEEDED: 1
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
FOR ONE MEMBER TO SERVE ON THE AUDIT COMMITTEE AS A CITIZEN
REPRESENTATIVE WITH TERM TO EXPIRE 5/31/2025:
1. Lisa Burley - 1520 Gulf Blvd., #1204, 33767 - Budget/Financial Management
Analyst
2. Rick Foxx - 1129 Charles St., 33755 - Real Estate Broker
3. David Jaye - 2856 Shady Oak Ct., 33761
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4. Peter Kohut -240 Windward Passage, Unit 105, 33767 - Civil Engineer
Zip codes of current members on board:
1 - 33755
2 - 33756
1 —33767
Discussion deferred to Thursday, June 4.
10. Legal
10.1Adopt Ordinance 9372-20 on second reading, annexing certain real property whose post
office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759, into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
10.2Adopt Ordinance 9373-20 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 25 S. McMullen Booth Road, Clearwater, Florida 33759,
upon annexation into the City of Clearwater, as Residential Urban (RU).
10.3Adopt Ordinance 9374-20 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 25 S. McMullen Booth Road,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
10.4Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-28.
11. City Manager Verbal Reports
11.1CNC COVID-19 Recommendations
The City Manager requested council direction on those items that are most
relevant to city and county government.
In response to questions, the City Manager said the government**has made
employment assistance and employee safety practices a priority, staff does
not see this as a city function or priority. He said Pinellas County Sheriffs
office plays a role with businesses in non-compliance. The Police Chief is
aware of the complaints regarding the Brown Boxer not following all COVID
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guidelines. Police Chief Daniel Slaughter said the Brown Boxer has been a
challenge, the Department is collaborating with the Department of Business
& Professional Regulations. He said if the violations continue, the next step
is a $500 fine. The City Manager said there is a health center on Druid Road
that provides testing. The NAACP has requested a location in North
Greenwood but staff has determined that would not be a viable activity for
the City due to the costs associated in meeting health regulations. He said it
would be easier for the City to provide transportation to the community health
center. The Department of Health is in charge of the testing component, CVS
has established testing throughout the area. He said Clearwater Beach has
reopened. Mental health counseling is not a city function, the county social
services department publicizes information. Emergency Management
Division Chief Jevon Graham said many Home Depot and Publix locations
are providing drive thru testing. The City Manager said there is a countywide
effort to provide inspections of nursing home facilities, staff does not see a
city role in the recommendation. Parks and Recreation Interim Director Art
Kader said Aging Well staff has contacted over 600 seniors. The City
Attorney said if the City creates a daily contact program, volunteer criteria
would need to be established, she suggested such a program would be
better suited for a neighborhood or church program. Public Communications
Director Joelle Castelli staff is working with the County to assist minority and
other special needs groups, the city site includes a link to the County site
with information. She said the City's site incudes a link to the Census and
that city libraries have dedicated computers for individuals wanting to
complete the census online.
Comments were made that the City's COVID-19 site and dynamic message
boards, that the vacation rental management association and the Clearwater
Chamber have issued cleaning protocols and social distancing guidelines. It
was suggested that staff request 2-1-1 call volume information and include
available services on the City's COVID site.
Discussion ensued regarding the work session scheduled June 2 regarding
Imagine Clearwater with consensus to cancel the meeting
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.113eachwalk Infrastructure - Mayor Hibbard
Mayor Hibbard said Beach Walk is 15 years old and he wanted to make sure
money is set aside to keep it in pristine conditions. He asked residents and
visitors to keep the area clean. He requested consideration to discuss Beach
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Walk maintenance as part of the budget discussions.
In response to questions, Parks and Recreation Interim Director Art Kader
said there are 17 employees responsible for beach maintenance on Sand
Key, Clearwater Beach, and the Memorial Causeway. The employees work 7
days a week on 10-hour shifts. Mr. Kader said overtime crews supplement
beach maintenance on the weekends. There is not enough personnel to
empty trash cans on the weekends. Beach Walk infrastructure has been
replaced or refurbished over time, with site furniture being replaced within
the next 3 weeks. Assistant City Manager Micah Maxwell said the garbage
vaults are being installed next week, which should alleviate the overflowing
receptacle issue.
13.2Continue Citizen Phone Call-ins - Councilmember Beckman
Councilmember Beckman requested consideration to continue call-ins when
in-person meetings return. Unlike other jurisdictions, Clearwater has not had
any issues with individuals using inappropriate language. She said call-ins
encouraged public engagement.
In response to questions, IT Director Dan Mayer said staff needs to evaluate
the cost and options. The technology must operate well from the dais, which
uses a different broadcasting technology than the Zoom platform. The City
Manager said staff will also evaluate the staffing needed to continue call-ins.
Staff was directed to provide information regarding the available options
within a month.
13.3Free Parking in front of the Downtown Post Office - Councilmember Beckman
Councilmember Beckman requested consideration to designate four parking
spaces in front of the Cleveland Street Post Office as free parking. She said
many have expressed concerns about paying for parking at a government
facility.
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Discussion ensued with concerns expressed that Downtown businesses will
question why all parking along Cleveland Street is not free and the
designated spaces will always be occupied unless they are monitored. A
comment was made that parking at a government facility should be free.
There was no consensus on the matter.
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Beckman requested consideration for unlimited civic
engagement and commentary at council meetings.
It was stated that no one is trying to quell public comment, but City Council
Rules limits public comments to one hour when there is a contentious item.
The City Manager said staff has been engaged in meetings that went into
Midnight and later, not a good path to allow people to go on and expect
Council to make a decision. The rule provides flexibility to Council.
15. Closing Comments by Mayor
16. Adjourn
The meeting adjourned at 11:37 a.m.
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