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02/04/2021 City Council Meeting Minutes February 4, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, February 4, 2021 6:00 PM Main Library - Council Chambers City Council City Council Meeting Minutes February 4, 2021 Page 2 City of Clearwater Roll Call Present: 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Vice Mayor David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: William B. Horne II – City Manager, Micah Maxwell – Assistant City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy 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 6:00 p.m. in Council Chambers at the Main Library. 2. Invocation – Pastor William Rice from Calvary Baptist Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 Chi Chi Rodriguez Youth Foundation - James Poulter, Chief Executive Officer of the Chi Chi Rodriguez Youth Foundation, Inc. 5. Approval of Minutes 5.1 Approve the minutes of the January 21, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Allbritton moved to approve the minutes of the January 21, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Beth Davis expressed concerns regarding her Parks and Recreation City Council Meeting Minutes February 4, 2021 Page 3 City of Clearwater Advisory Board application and why it was denied. She said she did not start the Keep Keene Green GoFundMe page, which raised $510. She said the founder closed the fundraising page after reviewing information provided by the City Clerk; funds were returned to donors. She said she was a handful of neighbors who donated to the cause. 7. Consent Agenda – Approved as submitted. 7.1 Ratify and confirm the City Manager’s approval of the third allocation of Coronavirus Relief Funds distributed by the Florida Housing Finance Corporation. (consent) 7.2 Ratify and confirm approval of a Management Agreement between the City of Clearwater and The Greater Clearwater Regional Chamber of Commerce dba AMPLIFY Clearwater to provide visitor information services at the Clearwater Beach Visitor Information Center (BVIC) for the period February 1, 2021 through September 30, 2025 at a cost not to exceed $317,265 and authorize appropriate officials to execute same. (consent) 7.3 Authorize the award of Invitation to Bid 10-21, Liquid Propane Gas Tanks to Quality Steel Corporation of Cleveland, MS and Michel, LLC dba R.E. Michel Company LLC of Glen Burnie, MD in the cumulative annual not-to-exceed amount of $250,000 for the initial term of February 1, 2021 through January 31, 2022 with two one-year renewal options, and authorize the appropriate officials to execute same. (consent) 7.4 Authorize the award of Invitation to Bid 05-21, Sod Material and Services to Quality Sod and Landscaping Solutions of Tampa, Lira and Son Sod, Inc. of Lake Placid and Tom’s Sod Service, Inc. of Clearwater, FL for an annual amount not-to-exceed $300,000, with the option for two, one-year renewal terms and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2021 for the City to utilize Pinellas County School buses at a cost of $1.50 per mile plus $31.00 per hour, for a total estimated cost of $20,000 and authorize the appropriate officials to execute same. (consent) 7.6 Approve a proposal by Construction Manager at Risk Biltmore Construction Company, Inc., of Belleair, Florida per Continuing Contracts RFQ 40-20, in the amount not to exceed $962,973.00 for the design, fabrication, and installation of Troy System acoustical panels at the District Three Operations and Training Center located at 2851 McMullen Booth Road and authorize the appropriate officials to execute same. (consent) 7.7 Ratify and confirm a Legal Services Agreement and Contract between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on environmental City Council Meeting Minutes February 4, 2021 Page 4 City of Clearwater matters for a five-year period, in an amount not to exceed $100,000 and authorize the appropriate officials to execute same. (consent) 7.8 Approve a professional services agreement and work order with Advanced Engineering and Design, Incorporated, of Pinellas Park, Florida, per Request for Qualifications (RFQ) 29-20 for Nash Street and Old Clearwater Bay Improvements (19-0032-EN) in the amount of $545,789.01 and authorize the appropriate officials to execute same. (consent) 7.9 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation and maintenance of electric facilities to support Duke’s new transformer at State Street Park and authorize the appropriate officials to execute same. (consent) 7.10 Authorize the award of Invitation to Bid No. 11-21, Vehicle Upfitting Services, to Enforcement One, Inc. of Oldsmar, FL, in an annual not-to-exceed amount of $250,000.00 for a period of one year, to include two one-year renewal terms at the City's option, and authorize the appropriate officials to execute same. (consent) 7.11 Appoint Frank Persechino to the Nuisance Abatement Board to fill the remainder of an unexpired term through August 31, 2023. (consent) Councilmember Beckman moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve a Future Land Use Map Amendment from the Residential Suburban (RS) category to the Residential Urban (RU) category for 2250 Nursery Road and pass Ordinance 9427-21 on first reading. (LUP2020-10002) This Future Land Use Map amendment involves a 0.875-acre property on the north side of Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and Gladys N. Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is requesting to amend the future land use designation from Residential Suburban (RS) to Residential Urban (RU). The applicant has submitted a Zoning Atlas amendment, which is being processed concurrently with this case (see City Council Meeting Minutes February 4, 2021 Page 5 City of Clearwater REZ2020-10002). The property is currently a residential use and includes two buildings which were annexed into the City in 1999 as two residential units. Although the applicant has indicated that three attached dwelling units and one detached dwelling unit are located on the site, staff has reviewed building permit records and determined that only two of the units were permitted. The current future land use designation of Residential Suburban (RS) allows for a maximum density of 2.5 dwelling units per acre. The proposed Residential Urban (RU) category primarily allows urban low density residential and residential equivalent uses at a maximum density of 7.5 dwelling units per acre. There would be an increase in development potential of four units, from two units to six, under this proposed amendment. The requested amendment would allow the property to become conforming in terms of density and could allow the property owner to request redevelopment as attached dwellings in the future through the Residential Infill Project use. There has been no site development application submitted at this time. The Planning and Development Department has 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 properties 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. The underlying Countywide Plan Map category of Residential Low Medium (RLM) on the proposed amendment area is consistent with the proposed City of Clearwater future land use designation of Residential Urban (RU); therefore, no amendment is required to the Countywide Plan Map. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. City Council Meeting Minutes February 4, 2021 Page 6 City of Clearwater Applicant representative Housh Govahee reviewed the request. he said the property owner wishes to keep the back unit and build five townhome units. If the request is approved, the project will be in line with the City's vision. The front unit is not in good shape and will be razed. Consultant Wayne Wells said the request is a modest increase to the density and logical transition of density to the existing residential high to the west and the commercial and residential medium to the south across Nursery Road. The request also acts as a land use buffer to the attached dwelling subdivisions to the north and east that have the existing suburban land use. One individual spoke in opposition; the "warehouse" is an eyesore and a site plan that benefits the neighborhood should be required. In response to questions, the City Attorney said it is not Council's process to request a site plan when looking at a land use amendment. Planning and Development Director Gina Clayton said staff would review the proposed site plan once it is submitted. Mr. Govahee said, per the property's survey, there is plenty of room for the additional five units. The proposed site plan will go before the Community Development Board. He said there is a Pinellas County retention pond to the east of the subject property and a dedicated 25-ft. county easement to the north. In response to questions, Mr. Govahee said the units will have a view to the existing county retention pond if a north-south layout is built. Ms. Clayton said a request to renovate the back structure for additional units would require CDB approval. The City Attorney said Council is not able to add conditions to the land use and zoning requests. The Council recessed from 6:53 p.m. to 7:01 p.m. Mr. Govahee said the Applicant wishes to withdraw the application and resubmit with a general site plan. The City Attorney said the proposed site plan will be sufficient to get through the CDB; CDB approval will be contingent to the land use and zoning approval. City Council Meeting Minutes February 4, 2021 Page 7 City of Clearwater Councilmember Hamilton moved to withdraw Item 8.1. The motion was duly seconded and carried unanimously. 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas amendment from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District for 2250 Nursery Road and pass Ordinance 9428-21 on first reading. (REZ2020-10002) This Zoning Atlas amendment involves a 0.875-acre property on the north side of Nursery Road approximately 645 feet east of Belcher Road. The parcel is currently owned by Larry L. and Gladys Hilkert, as trustees under the trust dated the 30th day of August, 2005. The applicant is requesting to rezone the property from the Low Density Residential (LDR) District to the Medium Density Residential (MDR) District. The applicant has submitted a Future Land Use Map amendment, which is being processed concurrently with this case (see LUP2020-10002). The property is currently a residential use and includes two buildings which were annexed into the City in 1999 as two residential units. Although the applicant has indicated that three attached dwelling units and one detached dwelling unit are located on the site, staff has reviewed building permit records and determined that only two of the units were permitted. The proposed Medium Density Residential (MDR) District is compatible with the surrounding zoning districts and single family and multi-family uses that exist in the vicinity of the subject property. The requested amendment could allow the property owner to request redevelopment as attached dwellings in the future through the Residential Infill Project use. There has been no site development application submitted at this time. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. The proposed amendment is compatible with the surrounding property properties and character of the neighborhood. The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. The proposed amendment will not adversely or unreasonably affect the use of other property in the area. City Council Meeting Minutes February 4, 2021 Page 8 City of Clearwater The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and The proposed Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its December 15, 2020 public hearing and made a unanimous recommendation of approval to the Council. Vice Mayor Allbritton moved to withdraw Item 9.1. The motion was duly seconded and carried unanimously. 10. Second Readings - Public Hearing 10.1 Adopt Ordinance 9425-21 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use for certain real properties whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Residential Medium (RM) and Residential Urban (RU) to Residential Low Medium (RLM). Ordinance 9425-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9425-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 10.2 Adopt Ordinance 9426-21 on second reading, amending the Zoning Atlas of the city by rezoning certain real properties whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Medium Density Residential (MDR) to Mobile Home Park (MHP). Ordinance 9426-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9426-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, City Council Meeting Minutes February 4, 2021 Page 9 City of Clearwater Councilmember Bunker and Councilmember Beckman 10.3 Continue second reading of Ordinance 9427-21 to February 18, 2021 amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 2250 Nursery Road, Clearwater, Florida 33764 from Residential Suburban (RS) to Residential Urban (RU). Councilmember Hamilton moved to withdraw Item 10.3. The motion was duly seconded and carried unanimously. 10.4 Continue second reading of Ordinance 9428-21 to February 18, 2021, amending the Zoning Atlas of the city to rezone certain real property whose post office address is 2250 Nursery Road, Clearwater, Florida 33764 from Low Density Residential (RL) to Medium Density Residential (RM). Vice Mayor Allbritton moved to withdraw Item 10.4. The motion was duly seconded and carried unanimously. 10.5 Ordinance 9435-21 was denied on first reading and will not be heard on second reading. 11. City Manager Reports 11.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-05. Councilmember Beckman moved to confirm COVID-19 Emergency Proclamation. The motion was duly seconded and carried unanimously. Resolution 21-05 was presented and read by title only. Councilmember Bunker moved to adopt Resolution 21-05. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 11.2 Approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after March 1, 2021 and pass Ordinance 9433-21 on first reading. City Council Meeting Minutes February 4, 2021 Page 10 City of Clearwater Raftelis has completed a Natural Gas Rate Study for the Clearwater Gas System (CGS). The Study includes a projection of CGS’ financial position through fiscal year 2025 and a cost of service analysis to evaluate the cost responsibility for each of the various classes of customers served. Based on the results of the Study, CGS’ current revenues are adequate to fund the test year revenue requirements. However, Raftelis has recommended a reduction in commercial rates and an increase to residential single-family customers to offset the commercial reduction. Key recommendations in the Study and Ordinance are: Decrease the Commercial class distribution rate by $0.04 per therm. Increase the Residential Single-Family monthly customer charge by $4.00. The net effect of these changes to the residential and commercial rates is revenue neutral. Make changes to the propane (LP) annual customer charge rates, consistent with the increase with natural gas monthly customer charges. Make certain wording clarifications in our Ordinances to better reflect operating policies and responsibilities. Increase the main/service line extension construction payback period from 7 years to 10 years. The Rate Study shows the projected effect of these recommended rate adjustments and will become CGS’ basis for strategic goal setting. In response to questions, Clearwater Gas System Executive Director Chuck Warrington said current gas rates are at historic low levels. Reducing drilling and supply levels will create an upward trend in gas rates. Finance Director Jay Ravins said Option B puts reserve levels at the required level. Discussion ensued with consensus to pursue Option C. Councilmember Hamilton moved to approve changes to the Clearwater Gas System utility rates to become effective for all gas bills and services rendered on or after March 1, 2021. The motion was duly seconded and carried unanimously. City Council Meeting Minutes February 4, 2021 Page 11 City of Clearwater Ordinance 9433-21-C was presented and read by title only. Vice Mayor Allbritton moved to pass Ordinance 9433-21-C on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 11.3 Accept a temporary easement from Crum Properties II, LLC to the City of Clearwater for ingress-egress access to certain real property located at 100 S. Missouri Avenue (Property), for purposes of completing Ground-Truthing and Verification therein, and authorize the appropriate officials to execute same. In February and March of 2020, a partial ground penetrating radar survey indicated that intact burials may be present on the Property. The intact burials could potentially be unmarked graves associated with the St Matthew’s Baptist Church Cemetery that once existed on the property. The City seeks to verify if there are burial remains through minimally invasive archaeological excavation, known more specifically as ground truthing. The temporary easement will allow the City ingress-egress access to the property and allow, Cardno Inc., as the City’s consultant, to perform ground truthing activities on the property. Staff recommends approval of the temporary easement. Mayor Hibbard cited a voting conflict for Items 11.3 and 11.4 as they involve a business associate. He departed Chambers at 7:20 p.m. One individual questioned if the findings would be available to the public. The City Attorney said the reports are public and attached to Item 11.4 and are available on the City's website. Councilmember Hamilton moved to accept a temporary easement from Crum Properties II, LLC to the City of Clearwater for ingress-egress access to certain real property located at 100 S. Missouri Avenue (Property), for purposes of completing Ground-Truthing and Verification therein, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11.4 Approve an appropriation of General Fund reserves and a Work Order to Engineer of City Council Meeting Minutes February 4, 2021 Page 12 City of Clearwater Record Cardno, Inc., in an amount not to exceed $87,888, to complete archeological excavation at the Crum property, the former site of St. Matthew’s Baptist Church Cemetery, and authorize the appropriate officials to execute same. The St. Matthew’s Baptist Church Cemetery, an African American cemetery dating to the early 1900s, was once located along Missouri Avenue, near Cleveland Street. The cemetery operated at the property until the 1940s. According to records from the time, the cemetery had become inadequate and the City of Clearwater Council established a new African American burial site at the North Greenwood Cemetery. All burials ceased at the property after the establishment of the North Greenwood Cemetery. St. Matthew’s Church sold the property to developers in 1955. The site was developed in the 1960s. Construction at the site has included a department store and the City Annex. The site was later developed into its current state. With the recent rediscovery of lost African American cemeteries throughout the region, local community leaders called for confirmation that burials were properly relocated prior to redevelopment. Community groups and Crum Staffing partnered to hire archeologists from the University of South Florida (USF) to review available historical records and complete Ground Penetrating Radar (GPR) surveys of the site. Historical records review and GPR surveys identified areas of the former cemetery that show potential active burials. Crum Staffing contacted the City to discuss the findings. City Engineering staff asked Cardno to prepare a work plan to complete archaeological excavation and ground truthing to confirm these findings. The scope of work includes mobilization, delineation of possible grave shafts, archaeological excavation of identified shafts, laboratory analysis, GIS mapping, and report preparation. This effort is to verify a possible burial identified in previous GRP work, the second step in a multi-phase process of developing an appropriate cemetery management plan. Utility clearance, required notification, contractor coordination, and field work will require approximately 45-days to complete. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of $87,888 from General Fund reserves to General Fund Non-Departmental cost code 0107010-530100, professional services, to fund this work order. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $87,888 to cost code 0107010-530100, professional services. Inclusive of this item if approved, a net total of $1,696,540 of General Fund reserves has been appropriated by Council to fund expenditures in the 2020/21 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $34.1 million, or 22.4% of the current General Fund operating budget. City Council Meeting Minutes February 4, 2021 Page 13 City of Clearwater Councilmember Hamilton moved to approve an appropriation of General Fund reserves and a Work Order to Engineer of Record Cardno, Inc., in an amount not to exceed $87,888, to complete archeological excavation at the Crum property, the former site of St. Matthew’s Baptist Church Cemetery, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Mayor Hibbard entered Chambers at 7:25 p.m. 11.5 Approve staff request to vacate an alley located within the Clearwater Gas Complex at 777 Maple Street, described as, All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once part, and pass Ordinance 9434-21 on first reading. City staff recommends the alley vacation within the Clearwater Gas Complex. Said alley is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated. Councilmember Beckman moved to approve staff request to vacate an alley located within the Clearwater Gas Complex at 777 Maple Street, described as, All of the platted alley lying within Block 10 of Jones Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas County was once part. The motion was duly seconded and carried unanimously. Ordinance 9434-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9434-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Councilmember Hamilton, Vice Mayor Allbritton, Councilmember Bunker and Councilmember Beckman 11.6 Parks & Recreation Advisory Board Mayor Hibbard stated that a discussion regarding the Parks & Recreation Advisory Board was needed. The City Council is a policy board that conducts their business from the dais as a unified group, whether unanimous or not. City Council Meeting Minutes February 4, 2021 Page 14 City of Clearwater Any decisions or direction to advisory boards comes from the collegial body. Discussion ensued with comments made that Councilmembers attending advisory board meetings should be limited to three minutes for public comments and that City Council provides direction to advisory boards, not individual councilmembers. It was stated that if advisory boards are not providing information needed, the City Council can change that. In response to questions, the City Attorney said individual councilmembers are not authorized to provide direction. The advisory boards provide direction to City Council, not individual councilmembers. The City Manager said staff will present feedback requested of the advisory boards to Council in March for discussion. 12. City Attorney Reports – None. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker said he heard there was an African American Muslim female who opened a business in the downtown and said there is representation here. He said he enjoys the work of a Councilmember and he looks forward to learning more about how to make the process more smooth. Councilmember Hamilton said GO BUCS! He said he spoke to the City Manager and City Attorney and would like to explore the possibility of changing the way councilmembers get elected. He suggested discussing the option of a referendum to change the voting system to where a candidate needs more than 50% of the votes for a seat and if nobody gets 50%, then the top two go to a run-off election. He said there are more people interested in running for Council and he thinks the citizens deserve to have whoever is sitting in the seat to receive more than 50% of the vote. Vice Mayor Allbritton said he attended the PSTA board and legislative committee meetings. He said PSTA did win the TSA Golden Award this year which is a security award that PSTA has won three years in a row. He said the County Commission is going to discuss their support level for the Clearwater intermodal center. He said it would be June before federal funding may become available. Councilmember Beckman said she attended the Lake Belleivew HOA City Council Meeting Minutes February 4, 2021 meeting where they discussed community response. She said she was able to see the body cams and that they are fully functionals. She said she is happy to see the Bucs banner on the old city hall site. She said February starts Black History month and said we are a diverse nation and she hopes to learn about the collective history. 14. Closing Comments by Mayor 15. Adjourn Attest City Clerk City of Clearwater Mayor Hibbard said GO BUCS! He said at the next council meeting he will ask Council to request the federal legislators to consider expanding the Opportunity Zone as he said the city has lost two years of time and it would be a tremendous asset as it aligns with trying to stimulate the economy. He said he would ask the US Conference of Mayors to discuss and hopefully take a position. He said crews are conducting test excavations at the North Greenwood Cemetery site to determine the number of grave sites that may be there; it is expected to take up to 2 weeks. He reviewed recent and upcoming events. The meeting adjourned at 8:13 p.m. Mayor City of Clearwater Page 15 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME HIBBARD, FRANK NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE CLEARWATER CITY COUNCIL MAILING ADDRESS 600 CLEVELAND STREET, SUITE 600 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: +f CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITYCOUNTY CLEARWATER PINELLAS NAME OF POLITICAL SUBDIVISION: CITY OF CLEARWATER DATE ON WHICH VOTE OCCURRED 2/04/2021 MY POSITION IS: d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I FRANK HIBBARD hereby disclose that on FEBRUARY 4 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; /^ ▪ inured to the special gain or loss of my business associate r -/a-,-\ Cll.) 20 21 inured to the special gain or loss of my relative inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ITEM 11.3 - Accepting a temporary easement from Crum Properties II, LLC. ITEM 11.4 - Approving a work order to complete archaeological excavation at the Crum property. I have a business relationship with the property owner. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. °0/ Date File ATLi (/ 1 `Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2