11/02/2020 Council Work Session Meeting Minutes November 2, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, November 2, 2020
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
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, 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 9:00 a.m. in Council Chambers at the
Main Library.
2. City Manager
2.1 Amend the Clearwater Code of Ordinances, Chapter 2, Article III, Division 5, relating to
the Downtown Development Board and pass Ordinance 9414-20 on first reading.
The purpose of this item is to request approval of amendments to the
Clearwater code that govern the purpose, powers, and functions of the
Clearwater Downtown Development Board (DDB). The Florida Legislature
created the DDB on July 2, 1970 as a special tax district to assist with
downtown revitalization. On June 30, 1977, the state converted governance of
the DDB to local ordinance. Since that time, the DDB has existed as an
independent tax district whose purpose, powers, and functions are subject to
regulation by the City of Clearwater.
In 2018, the DDB embarked on a project to update its purpose, policies and
procedures to increase the efficiency and effectiveness of its operations. This
has resulted in the adoption of an annual work plan, a new approach to
budgeting, increased grant programs, updated financial policies and by-laws.
There is a new commitment to outreach to property owners and businesses
within the district to inform them on how to obtain funding from the DDB. Prior to
the 2020 election, every property owner received a postcard notifying them of
the upcoming election and inviting them to take a survey about the DDB's
programs.
On February 5, 2020, the DDB recommended that the City Council adopt the
proposed amendments to the city code to clarify and update the DDB's
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purpose, powers and functions. Portions of the current code have not been
revised since the 1980's and contain outdated language and activities that are
no longer relevant to the DDB's operations. The proposed changes align the
DDB's purpose with the 2018 Clearwater Downtown Redevelopment plan,
coordinate with State law's regarding public meetings, conflicts of interest and
public notice, clarify and update elections procedures and update the DDB's
functions to require adoption of an annual work plan, the ability to convene
downtown stakeholders, form partnerships, act as an aid to the City and CRA
and engage in a variety of marketing activities. These changes will allow the
DDB to more effectively and efficiently serve their constituents, partner with the
City and the Community Redevelopment Agency.
Council approval is recommended.
In response to questions, CRA Executive Director Amanda Thompson said if
the parcel of land pays taxes, it is eligible to vote in the DDB election. If the
parcel is owned by more than one individual or entity, one voting
representative is permitted to cast a vote in the DDB election. She said there
are approximately 900 eligible parcels, of which less than 50 are owned by
the Church of Scientology. Ray Cassano controls more than 60 parcels. Ms.
Thompson said the City cannot force people to vote, of the 900 eligible
parcels, only 350 votes were casted. Downtown property owners pay the
extra tax that is used to fund the DDB and get to vote for who represents
them on the DDB. The City Attorney said freeholder elections are unusual
but have been around for some time, only those who pay the tax get to vote.
The DDB ordinance has not been substantially rewritten since the 1980s.
Ms. Thompson said staff made a deliberate effort to notify the property
owners of the election, using postcard and letter registration forms, in
addition to social media marketing and newspapers articles.
In response to a suggestion, the City Attorney said staff will correct any
grammatical or scrivener's errors found in the ordinance prior to the council
meeting. She requested council direction on implementing gender neutral
language in the ordinance. Discussion ensued with no consensus to
implement inclusive language in the ordinance.
3. Engineering
3.1 Parking System Presentation - Jeremy Alleshouse, Engineering
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Council Work Session Meeting Minutes November 2, 2020
Parking Manager Jeremy Alleshouse provided a PowerPoint presentation.
In response to questions, Mr. Alleshouse said valet parking service on the
beach can be considered, if valet service is pursued, he recommended
contracting it out to a private company. The City Manager said parking funds
are earmarked for specific things as there was a time the funding source was
used to balance the budget to avoid raising the millage. The parking fund
revenue is not restrictive and used to address critical services used at the
beach, such as lifeguards and beach maintenance. Police Chief Daniel
Slaughter said there are public access points in the north beach area that
drive the vehicular traffic, citations are issued to individuals who are parked
in a no-parking zone. Mr. Alleshouse said the annual pass program was
intended to provide Clearwater residents access to cheaper parking on the
beach. All 300 passes have been sold. He said there is a significant portion
of beach residents who purchased annual passes for access to additional
parking. Parking System Assistant Manager Sue Tellier said there are 70 city
employees who park in the marina parking lot. Mr. Alleshouse said parking
consultant Walker will analyze the city's parking structures and identify a
maintenance timeline. Engineering Director Tara Kivett said the MSB and
Garden Avenue parking garages were inspected in 2012 and in 2018, which
resulted in rehab work. Staff is considering doing rehab work every two years
because 6 years is too long. The Garden Avenue garage fagade will be
replaced with materials that last longer. She said the garages are being
inspected more frequently. Mr. Alleshouse said staff will be presenting
council with a proposal to increase parking rates, the parkmobile fees will
remain the same.
3.2 Approve second amendment between Pinellas County and the City of Clearwater for the
Joint Partnership Agreement (JPA) South Myrtle Avenue from Clearwater Largo Road to
Belleair Road Sanitary Sewer Project (17-0059-UT) extending the expiration date to
November 2022 and increasing estimated costs by $39,631.50, from $170,593.50 to
$210,225.00, and authorize the appropriate officials to execute same. (consent)
Pinellas County intends to improve the stormwater system along South Myrtle
Avenue from Clearwater Largo Road to Belleair Road. This construction will
necessitate the relocation or adjustment of the City's sanitary sewer system
within the project limits in Pinellas County right-of-way (ROW). The County has
expanded the limits of proposed stormwater improvements, adding design time
and increased estimated construction costs to the project.
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April 4, 2018, City Council approved the original JPA in the amount of
$141,510.60 with completion by October of 2018.
April 4, 2019 City Council approved a first amendment, JPA extension to
December 2020 and an increase in estimated costs by $29,082.90 for a total of
$170,593.50.
The Project engineer of record (EOR) has provided a revised cost estimate of
$210,225.00 increasing the project by $39,631.50, due to additional city utility
relocations required for the project.
Pinellas County will receive competitive bids for the stormwater system
improvement and utility relocation work 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 be given the opportunity
to reject the bid if deemed excessive.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96634 $ 39,631.50
Funds are available in Utility Renewal and Replacement Project 96634, Sanitary
Utility Relocation Accommodations, to fund the increase.
In response to a question, Engineering Manager Jeremy Brown said the cost
before Council addresses city infrastructure portion. The County does not
pay for city infrastructure.
3.3 Approve the request from City of Clearwater staff to vacate a drainage and utility
easement, described as that portion of Hart Street lying north of Blocks 9 and 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, of which Pinellas
County was once part, less and except that portion lying within 270.6 feet of the east line
of Section 9, Township 29 South, Range 15 East, also less and except the railroad
rights-of-way, as recorded in Official Records Book 6626, Page 429, of the Public
Records of Pinellas County, Florida, and pass Ordinance 9415-20 on first reading.
Staff recommends the vacation of the drainage and utility easement. Said
easement 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.
In response to questions, Engineering Manager Jeremy Brown said the
increase is for the engineer overseeing the project. The engineer oversees
the contractor to ensure they do what they are supposed to do. Staff
presents the cost to oversee the work once the project has been designed
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Council Work Session Meeting Minutes November 2, 2020
along with the contractor's bid. The Department does not have the staff
resources to oversee the project. Engineering Director Tara Kivett said the
project is highly technical, a consultant is preferred because the in-house
civil engineers do not have that expertise.
3.4 Award a construction contract to TLC Diversified, Inc., of Palmetto, Florida, in the amount
of$2,497,605.00 for the Marshall St. Water Reclamation Facility Blending Tank
Improvements per Invitation to Bid 18-0057-UT; approve Engineer of Record
Supplemental One Work Order to Jones Edmunds and Associates in the amount of
$326,634, increasing the work order total from $163,000 to $489,634; and authorize the
appropriate officials to execute same. (consent)
The structural supports, piping, and other key components of the Marshall
Street WRF (MS WRF) blending tank are in poor condition and reaching the end
of their useful life. The purpose of this project is to perform necessary repairs
and improvements that will increase the flexibility, reliability, and efficiency of the
MS WRF blending tank and pump station.
The project includes replacing the tank stairs, walkways, and three dewatering
feed pumps, installation of a new mixer, tank cover, and truck off-loading
station, and the accompanying mechanical, electrical, instrumentation, and
controls components.
August 19, 2020, Engineering issued Invitation to Bid 18-0057-UT for the MS
WRF Blending Tank Improvements project (project #18-0057-UT), which closed
on October 7, 2020. Six bids were received and TLC Diversified, Inc. of Florida
(TLC) was the lowest responsible bidder in accordance with plans and
specifications. Engineer of Record (EOR) Jones Edmunds and Associates
(JEA) evaluated the bids and recommends awarding the contract to TLC.
April 4, 2019, City Council approved an initial work order to EOR JEA for design,
permitting, and bidding services for the MS WRF Blending Tank Improvements
project in the amount of$163,000. Supplemental one work order is for
engineering and inspection services during construction, for a new work order
value of$489,634.
Construction duration is 300 calendar days after issuance of Notice to Proceed.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the MS WRF.
APPROPRIATION CODE AND AMOUNT:
3217321-563800-96213 $ 2,497,605.00
3217321-561300-96213 $ 326,634.00
Funds are available in capital improvement project 96213, Marshall Street
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Upgrades/Improvements, to fund this contract and the supplemental work order.
3.5 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 from an
existing Duke transformer located on City property, to a Duke pedestal located in the
right-of-way, that will support a Verizon Cell pole. (consent)
The Distribution Easement will provide Duke Energy with the rights
necessary to construct and maintain its electric equipment within the
easement. The facilities will be located within areas agreed to by the City
and Duke Energy. Subsequent to Duke Energy installing its electrical
facilities, the City will survey the installed electrical facilities and provide
Duke Energy a descriptive legal description as a finalized Exhibit "A" to the
Distribution Easement. Once finalized, the Distribution Easement will be
recorded in public records. The Engineering Department supports
conveyance of the Distribution Easement.
The Council recessed from 11:03 a.m. to 11:12 a.m.
4. Finance
4.1 Approve settlement of workers' compensation claim 19000133 for payment of$112,500,
inclusive of attorney fees and costs for William Nahorodny with a general release of all
claims and authorize the appropriate officials to execute same. (consent)
Mr. Nahorodny was an active duty police officer with the Clearwater Police
Department as of June 12, 2006. On November 1, 2019, he sustained a neck
and right shoulder injury while on duty. As a result of this injury, he had surgery
during February 2020. However, he is still having continuing symptoms and has
been relegated to light duty work status due to his inability to fully return to work.
The City has spent approximately $89,248 in total for his medical treatment,
legal and investigative costs and disability payments to-date. The City faces
potential future payments of$70,000 for treatment of his condition and
complications, which could include a possible second surgery. His potential
disability payments if his condition worsens could reach $60,000, especially if
his second surgery occurs. With additional legal and investigative costs that
could reach $10,000, the City's potential exposure is projected at approximately
$140,000 in future medical care, lost wages, and legal fees.
A mediation was held September 17, 2020, which was continued and eventually
resulted in a settlement of$112,500 on October 15, 2020, contingent on Council
approval.
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The Risk Management Division; the outside attorney for the City of Clearwater,
Banker Lopez Gassler, P.A.; and the City's Claims Committee recommend
approval.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
APPROPRIATION CODE AND AMOUNT:
5907590-545800 $112,500
5. Gas System
5.1 Accept a Gas Utility Easement from Spileo Properties, LLC, for the construction,
installation, and maintenance of gas utility facilities on real property located at 600
Alternate US Highway 19, Pinellas County, FL and adopt Resolution 20-49.
SPILEO PROPERTIES, LLC (Grantor) has granted a non-exclusive five-foot
wide natural gas easement, on property located at 600 Alternate US Hwy 19
(Parcel ID# 01-28-15-88560-136-0800) for the installation of a natural gas
distribution line. This main line will serve a commercial restaurant (Hungry
Howie's Pizza).
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.
6. Police Department
6.1 Approve an addendum to an agreement with Axon Enterprise, Incorporated, of
Scottsdale, AZ, in the amount of$17,319, plus a contingency amount of$50,000, for
interview room recording equipment and licenses, in accordance with Clearwater Code
of Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the
appropriate officials to execute same. (consent)
On February 7, 2019, the City Council approved an agreement between the
Police Department and Axon Enterprise, Incorporated, for a Digital Evidence
Management System (DEMS) to create operational efficiencies with regard to
evidence location/retention, addressing public records requests, and more
appropriately aggregating and controlling property disposals relating to
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electronic evidence or items which could be digitized. Axon Enterprise,
Incorporated, was the recommended vendor, selected as a result of Request
for Proposal (R.F.P.) #29-18.
In April 2019, the City Council approved the Police Department's integration of
five interview rooms within the Criminal Investigations Division and one Driving
Under the Influence (DUI) room, which is accessible by all Patrol personnel, all
of which are equipped with video and audio recording equipment, into the
DEMS.
Building upon the foundation of the Digital Evidence Management System, the
Police Department seeks approval to add an additional interview room to the
DEMS, as a result of the department's participation within the Pinellas County
Use of Deadly Force Investigations Task Force. This item is presented to the
City Council for approval as it exceeds the purchase authorization of the City
Manager.
The included contingency amount is not anticipated to be utilized at this time but
is included to improve efficiency in Police Department and City operations by
eliminating the need to bring future incremental additions of cameras before the
City Council for approval. The contingency amount, if needed, would be utilized
for the purchase of additional cameras, licenses, system modifications, or other
required system equipment.
The pricing included in this agreement was previously competitively solicited
and obtained through National Purchasing Partners (Contract Number:
VH11629), a national resource for public entities for similar public solicitations;
the city of Clearwater is a participating member in this partnership.
Though the Department did not anticipate this purchase to occur at this time, it
has funding available for the first year of the agreement, in the amount of$9,291
through P1902 - Police Technology. The three subsequent years' service and
support is estimated at an annual amount of$2,676 ($8,028 over course of the
agreement). This addendum agreement would create a total award for
interview room recording equipment of$131,319 (prior agreement award
approved by City Council: $114,000 + addendum agreement award: $17,319).
APPROPRIATION CODE AND AMOUNT:
Funding is available in capital project P1902, Policing Technology, in the amount
of$9,291 to fund the first year of this agreement. Future fiscal year funding will
be required through the annual Operating Budget process.
In response to questions, Police Major Dalton said staff included a large
contingency to avoid coming back to Council for increases. The contingency
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will be used to install any additional cameras. Staff does not anticipate using
the contingency. He said every interrogation room that will be used must be
wired with the required infrastructure. The larger room can accommodate
more people, for example attorneys.
7. Fire Department
7.1 Approve the selection of Construction Manager at Risk (CMAR) Biltmore Construction
Co., Inc. of Belleair, FL, per RFQ 18-20, for Fire Station 46 (18-0028-FD) and authorize
the appropriate officials to execute same. (consent)
Fire Station 46, located at the north end of Mandalay park on Clearwater Beach,
was built in 1964 and no longer meets the operational needs of the Clearwater
Fire Department.
The City issued RFQ #18-20 in January 2020 for CMAR firms for Fire Station
46. The RFQ review committee included representatives from the City's Fire,
Building & Maintenance, and Engineering Departments.
April of 2020, three of the four respondent firms were invited to interview. The
selection committee ranked the firms' qualifications as follows: Biltmore
Construction Co., Creative Contractors, and McCree Design Builders. The
review committee recommends Biltmore Construction Co. based on their
comprehensive experience building fire stations in flood hazard areas as well as
other institutional buildings.
Biltmore Construction will provide preconstruction phase services, including
constructability design reviews, cost estimating and identifying value
engineering options. Once design approaches final construction documents,
staff will present to Council a guaranteed maximum price for Biltmore
Construction to commence construction of the new Fire Station 46 in 2021.
The Fire Department is responsible for owning and operating Fire Station 46.
8. Planning
8.1 Provide direction on the proposed Hotel Development Agreement between Key
Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation
of three units from the Hotel Density Reserve under Beach by Design and confirm a
second public hearing in City Council Chambers before City Council on November 19,
2020 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2020-08003; 309
Coronado Drive).
The subject site (Parcel A; SpringHill Suites), along with Parcel B (Residence
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Inn) are both addressed as 309 Coronado. Parcel A is the more northerly
parcel with frontage along Coronado and Hamden Drives and Third Street.
Parcel B is the more southerly parcel and only has frontage along Coronado
and Hamden Drives. Each parcel was subject to respective Development
Agreements (DVAs), which allocated units to each parcel from the Hotel
Density Reserve (Reserve), and site plans approved as part of Flexible
Development (FLD) applications, which enabled construction of two separate
hotels on two separate parcels with a shared parking garage spanning both
properties. Please note that since the parcels were the subject of the noted
Development Agreements, the process for allocating units from the Reserve
was modified and such agreements are called Hotel Development Agreements
(HDAs). For simplicity, any agreement whether a prior DVA or current HDA will
be referred to as a Development Agreement or simply an Agreement. Each
parcel requested and was granted a specific and separate allocation from the
Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was
allocated 79 units. A total of 174 units were allocated. Parcel A originally
included a total of 142 units and Parcel B 118 units totaling 260 units.
At the time of the original Development Agreement and FLD approvals
(FLD2009-08026/DVA2009-00002 [Parcel A] and
FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of
five separate parcels. These five parcels were required to be consolidated into
two separate parcels (Parcel A and Parcel B). This was done in 2015. At some
point between 2015 and 2020 (date uncertain) the Pinellas County Property
Appraiser's Office (PCPAO) combined the two parcels into one parcel.
Combining the two properties was contrary to several applicable regulations of
the Community Development Code (CDC) and Beach by Design. Specifically,
CDC Section 4-406.7 prohibits the addition of property to a parcel previously
approved as part of a Flexible Development application. In addition, Beach by
Design Section V.13.2 provides that a "maximum of 100 hotel rooms may be
allocated from the Reserve to any development with a lot size less than 2.5
acres". As one lot, the parcel would be limited to no more than 100 units
allocated from the Reserve. Parcel A received 95 units and Parcel B received
79 units for a total of 174 units between the two parcels. Combining the parcels
instantly rendered the newly created parcel in violation of this component of
Beach by Design. The only options are to return 74 units to the Reserve or split
the parcel back into two parcels.
In addition, Staff recently learned that a total of five units allocated from the
Reserve to these hotel projects were not constructed (two from Parcel A and
three from Parcel B), and notified the applicant on January 21, 2020 that
pursuant to each approved Development Agreement as well as Beach by
Design, any unconstructed units had to be returned to the Reserve. After the
five units were returned to the Reserve, the hotel owners approached the
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Council Work Session Meeting Minutes November 2, 2020
Planning and Development Department about requesting the re-allocation of
those five units back to Parcels A and B. The applicants desire to renovate
interior space and add three units to the subject hotel (Parcel/Hotel A) and two
units to the adjacent hotel (Parcel/Hotel B).
Upon receipt of this request, as well as a related companion request regarding
the adjacent hotel, three additional issues were found:
• The interior space of the two hotels was not constructed in exact
alignment with the parcels as indicated in the approved site plans. This
impacted the number of units on each parcel (and resulting density) and
resulted in several rooms being bifurcated by the common dividing
property line.
• There are minor discrepancies between the number of rooms approved
per the Agreement and associated site plans, and the number of rooms
constructed.
• There is a minor discrepancy between the number of approved (302)
and built (299) parking spaces.
The primary purpose of this (and the companion) application is twofold:
1. To re-establish two parcels and locate a common/internal property
line so that each parcel contains a density consistent with Beach by
Design without bifurcating any hotel rooms; and
2. To reallocate three units from the Reserve to this hotel (Parcel/Hotel
A) and two units to the adjacent companion hotel (Parcel/Hotel B),
for a total of five units between Parcels A and B.
AND
8.2 Provide direction on the proposed Hotel Development Agreement between Key
Clearwater, LLC (property owner) and the City of Clearwater, providing for the allocation
of two units from the Hotel Density Reserve under Beach by Design and confirm a second
public hearing in City Council Chambers before City Council on November 19, 2020 at
6:00 p.m., or as soon thereafter as may be heard. (HDA2020-04002; 309 Coronado
Drive).
The subject site (Parcel B; Residence Inn), along with Parcel A (SpringHill
Suites) are both addressed as 309 Coronado. Parcel A is the more northerly
parcel with frontage along Coronado and Hamden Drives and Third Street.
Parcel B is the more southerly parcel and only has frontage along Coronado
and Hamden Drives. Each parcel was subject to respective Development
Agreements (DVAs), which allocated units to each parcel from the Hotel
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Council Work Session Meeting Minutes November 2, 2020
Density Reserve (Reserve), and site plans approved as part of Flexible
Development (FLD) applications, which enabled construction of two separate
hotels on two separate parcels with a shared parking garage spanning both
properties. Please note that since the parcels were the subject of the noted
Development Agreements, the process for allocating units from the Reserve
was modified and such agreements are called Hotel Development Agreements
(HDAs). For simplicity, any agreement whether a prior DVA or current HDA will
be referred to as a Development Agreement or simply an Agreement. Each
parcel requested and was granted a specific and separate allocation from the
Reserve. Parcel A was allocated 95 units from the Reserve and Parcel B was
allocated 79 units. A total of 174 units were allocated. Parcel A originally
included a total of 142 units and Parcel B 118 units totaling 260 units.
At the time of the original Development Agreement and FLD approvals
(FLD2009-08026/DVA2009-00002 [Parcel A] and
FLD2009-08027/DVA2009-00003 [Parcel B]), the overall project consisted of
five separate parcels. These five parcels were required to be consolidated into
two separate parcels (Parcel A and Parcel B). This was done in 2015. At some
point between 2015 and 2020 (date uncertain) the Pinellas County Property
Appraiser's Office (PCPAO) combined the two parcels into one parcel.
Combining the two properties was contrary to several applicable regulations of
the Community Development Code (CDC) and Beach by Design. Specifically,
CDC Section 4-406.7 prohibits the addition of property to a parcel previously
approved as part of a Flexible Development application. In addition, Beach by
Design Section V.13.2 provides that a "maximum of 100 hotel rooms may be
allocated from the Reserve to any development with a lot size less than 2.5
acres." As one lot, the parcel would be limited to no more than 100 units
allocated from the Reserve. Parcel A received 95 units and Parcel B received
79 units for a total of 174 units between the two parcels. Combining the parcels
instantly rendered the newly created parcel in violation of this component of
Beach by Design. The only options are to return 74 units to the Reserve or split
the parcel back into two parcels.
In addition, Staff recently learned that a total of five units allocated from the
Reserve to these hotel projects were not constructed (two from Parcel A and
three from Parcel B), and notified the applicant on January 21, 2020 that
pursuant to each approved Development Agreement as well as Beach by
Design, any unconstructed units had to be returned to the Reserve. After the
five units were returned to the Reserve, the hotel owners approached the
Planning and Development Department about requesting the re-allocation of
those five units back to Parcels A and B. The applicants desire to renovate
interior space and add two units to the subject hotel (Parcel/Hotel B) and three
units to the adjacent hotel (Parcel/Hotel A).
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Council Work Session Meeting Minutes November 2, 2020
Upon receipt of this request, as well as a related companion request regarding
the adjacent hotel, three additional issues were found:
• The interior space of the two hotels was not constructed in exact
alignment with the parcels as indicated in the approved site plans. This
impacted the number of units on each parcel (and resulting density) and
resulted in several rooms being bifurcated by the common dividing
property line.
• There are minor discrepancies between the number of rooms approved
per the Agreement and associated site plans, and the number of rooms
constructed.
• There is a minor discrepancy between the number of approved (302)
and built (299) parking spaces.
The primary purpose of this (and the companion) application is twofold:
1. To re-establish two parcels and locate a common/internal property
line so that each parcel contains a density consistent with Beach by
Design without bifurcating any hotel rooms; and
2. To reallocate three units from the Reserve to this hotel (Parcel/Hotel
A) and two units to the adjacent companion hotel (Parcel/Hotel B),
for a total of five units between Parcels A and B.
In response to questions, Senior Planner Mark Parry said the structure has
been; a number of the larger rooms will be converted into smaller rooms.
The applicant must legally separate the parcels back out. The proposed
property line separates the parcel without bifurcating any hotel units. Mr.
Parry said half a hotel unit cannot be located in one parcel site and the other
half of the unit in another parcel site.
9. Marine & Aviation
9.1 Amend the Clearwater Code of Ordinances, Section 33.055, relating to the mooring,
beaching and placement of vessels and pass Ordinance 9413-20 on first reading.
Chapter 33 of the Clearwater Code of Ordinances (Waterways and Vessels)
regulate the use of waterways and the conduct of all persons using such
waterways, except as otherwise provided by law. Section 33.055 addresses
prohibited mooring, beaching and placement of vessels at city owned facilities.
Currently there is no daily time limit that a vessel can moor and occupy one of
the city's non-leased public slips or docks. In an effort to provide greater docking
opportunities to the boating public, increased turnover of the limited number of
non-leased public slips and dock space is in the best interest of all city
residents. Those found in violation of Section 33.055 are subject to receiving a
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Council Work Session Meeting Minutes November 2, 2020
civil citation.
In response to questions, Marine and Aviation Director Ed Chesney said staff
will use the cameras to monitor when the vessels come and leave. He said
the businesses and condominiums around the public docks act as code
enforcement and advise staff of concerns. New directional signs for the
kayaks and jet skis will be installed, the kayaks will be directed to a
designated slip. Marine Patrol and the Police Department will issue the
citations. Mr. Chesney said kayak racks can be considered at select
locations. Most of the kayaks at the public docks are not recreational but
from the liveaboards, the floating dock was removed to avoid this activity
occurring all-day.
10. Public Utilities
10.1Authorize a purchase order to AdEdge Water Technologies, LLC of Duluth, GA for
Arsenic Removal Media at Reverse Osmosis Plant 1 (RO 1), per award of Invitation to
Bid 48-20, in the annual not-to exceed amount of$93,303 which includes a 5%
contingency of$4,443 for the period of November 18, 2020 through November 17, 2021,
with two, one-year renewal options at the City's discretion, and authorize the appropriate
officials to execute same. (consent)
Purchasing issued Invitation to Bid (ITB) #48-20, Arsenic Removal Media on
August 18, 2020. Two bids were received on September 16, 2020. AdEdge
Water Technologies, LLC of Duluth, GA represents the lowest responsive,
responsible bidder.
Bayoxide E33 is an expendable iron-based filter media. The media is used at
the R01 water treatment plant to remove arsenic from source waters before
final treatment. The treatment system has two filters and we expect to replace
the media in both filters during the contract period.
The initial contract period will be from November 18, 2020 through November
17, 2021 with the option for two, one-year term renewal terms available to the
City. Renewal Terms allow for cost increases based on the Producer Price
Index#0613 Basic Inorganic Chemicals; renewal prices shall be firm for the
respective annual term
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY20 are available in various Public Utilities cost centers,
cost code 530300 Other Contractual Services:
Funding for future fiscal years (FY21 through FY23) will be requested within
contract calendar and spending limits.
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
10.2Authorize the award of Invitation to Bid 49-20 Ductile Iron Pipe, Fittings, Mechanical Joint
Restraints and Polyethylene Tubing, to Ferguson Waterworks of Tampa, FL in the annual
not-to-exceed amount of$345,000.00 with the option for two, one-year term extensions at
the City's discretion and authorize the appropriate officials to execute same. (consent)
Invitation to Bid (ITB) #49-20, Ductile Iron Pipe, Fittings, Mechanical Joint
Restraints and Polyethylene Tubing was issued on August 25, 2020. Eight bids
were received on September 28, 2020. Ferguson Waterworks of Tampa, FL,
represents the lowest responsive, responsible bidder for Ductile Iron Pipe,
Fittings, Mechanical Joint Restraints and Polyethylene Tubing.
Ferguson Waterworks will provide Ductile Iron Pipe, Fittings, Mechanical Joint
Restraints and Polyethylene Tubing to Public Utilities, Water Division. These
parts are stocked in the Public Utilities Warehouse to have them on-hand for
use in the field.
The initial contract period will be November 16, 2020 through November 15,
2021, with the option for two, one-year term renewal terms available to the City.
Renewal Terms allow for cost increases based on the Producer Price Index
#101 Iron and Steel; renewal prices shall be firm for the respective annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY21 are available in Public Utilities' cost centers, cost code
550400 Operating Supplies and Materials.
Funding for future fiscal years (FY22 through FY23) will be requested within
contract calendar and spending limits.
11. Official Records and Legislative Services
11.1Appoint one member to the Marine Advisory Board to fill the remainder of an unexpired
term until March 31, 2021.
APPOINTMENT WORKSHEET
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7 + 1 Ex Officio
CHAIRPERSON: Edward T. O'Brien, Jr.
MEETING DATES: 2nd Wed., 8 am (Quarterly)
PLACE: Main Library
APPTS. NEEDED: 1
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
THE FOLLOWING ADVISORY BOARD MEMBER HAD RESIGNED AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Ken Marlow - 1315 Ranchwood Dr., 33764 - Financial Services
Original Appointment: 8/4/16
(was serving 1st term to expire 3/31/21)
Resigned: 9/5/19
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Julie E. Battaglia - 2670 Barksdale Ct., 33761 -Adm.Assistant
2. Maranda Douglas - 1729 Carlisle St., 33756 - Founder, CEO/Top Nauts LLC
3. Roger P. Schulman - 2337 Willow Tree Trail, 33763 - Radio News
Broadcasting/Salem Media
4. Aaron Smith-Levin - 1615 Harvard St., 33755 -Self-employed/Investment
Research
5. David C. Farrar -224 Skiff Pt., 33767 - Real Estate Investor
6. Deena Stanley - 1280 Lakeview Rd., Lot 339, 33756 - Tax and Payroll
Accounting
7. Michael Bergeron -216 Kilmer Ave., 33765 - Lost Property Coord./Retired
Firefighter
8. Nicole S. Kent - 2909 Gulf to Bay Blvd., P208, 33759 - Marine Biologist
Zip codes of current members on board:
3 at 33759
2 at 33761
1 at 33767
1 at 33786
Discussion deferred to November 5.
11.2Appoint Lucas Geraldi-Smith to the Sister Cities Advisory Board, as the youth member,
with term to expire October 31, 2024.
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6 + 1 At-large member
CHAIRPERSON: Michael Ballard
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
MEETING DATES: Quarterly
PLACE: Council Chambers
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc.,
the local business community, the School Board's World Language Coordinator
or designee, and the Clearwater Arts Alliance shall not be required to reside
within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER HAS A SEAT THAT WILL BE
EXPIRING. HE IS CURRENTLY SERVING ON THIS BOARD AS THE YOUTH
MEMBER REPRESENTATIVE AND HE WISHES REAPPOINTMENT:
1. Lucas Geraldi-Smith -2821 Anderson Drive N., 33761 - Student
Original Appointment: 7/18/19
(currently filling the remainder of an unexpired term until 10/31/20)
1 Absence in the last year
(Youth member)
Zip codes of current members:
1 - 33710
2 - 33761
1 - 33763
1 - 34683
1 - 34684
There was consensus to appoint Lucas Gerald-Smith. Staff was directed to
place the item on the Consent Agenda.
11.3Appoint one member to the Community Development Board as the Alternate member to
fill the remainder of an unexpired term through April 30, 2022.
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 Alternate
CHAIRPERSON: Michael Boutzoukas
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library
APPTS. NEEDED: 1
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE
ALTERNATE MEMBER:
1. Elizabeth Van Scoyoc - 3460 Countryside Blvd., #51, 33761 -Administrative
Specialist
Original Appointment: 5/3/18
(was serving 1 st term to expire 4/30/22)
Resigned: 9/29/20
(Alternate Member)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. Chelsea Allison - 309 Lebeau St., 33755 - Sales
2. Leslie S. Coley - 809 Woodlawn St., 33756 - Self-employed/Dyvine Appointments
LLC
3. Brenda L. Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate
4. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate
5. Peter Kohut - 240 Windward Passage Unit 105, 33767 - Civil Engineer
6. Nils Kushta - 2387 Hazelwood Ln., 33763 -V.P. Unicco Construction Group, Inc.
Zip codes of current members: 1 at 33755, 1 at 33759, 2 at 33764 and 3 at
33767
Current Categories:
2 Architects
2 Attorneys
1 Civil Engineer
1 Professional Engineer
1 Real Estate Broker
Discussion deferred to November 5.
11.4Appoint three members to the Municipal Code Enforcement Board with terms to expire
October 31, 2023, appoint one member to fill the remainder of an unexpired term until
October 31, 2021, and appoint one member to fill the remainder of an unexpired term
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
until October 31, 2022.
APPOINTMENT WORKSHEET
BOARD: Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an
architect, engineer, businessperson, general contractor, sub-contractor & a
realtor
MEMBERS: 7
CHAIRPERSON: Sue Johnson
MEETING DATES: 4th Wed., 1:30 p.m.
Nov. and Dec. - TBA
APPOINTMENTS NEEDED: 5
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
1. Wayne Carothers - 1475 Excaliber Dr., 33764 -Sales Service Inst.
Original Appointment: 2/2/12
(2 Absences in the past year)
Interest in Reappointment: NO
(currently serving 2nd term to expire 10/31/20)
2. Sheila Cole - 670 Island Way, 33767 - Retired/Exec. Dir Clearwater Beach
Chamber of Commerce
Original Appointment: 10/4/18
(1 Absence in the past year)
Interest in Reappointment: YES
(currently filling unexpired term to expire 10/31/20)
3. Sue Johnson - 730 Bruce Ave., 33767 - Retired/BA Inst. Court
Original Appointment: 10/19/17
Interest in Reappointment: NO
(currently serving 1st term to expire 10/31/20)
4. Robert Prast - 1406 Stonehaven Ln., Dunedin, FL 34698 - Retired/BS
Chemistry
Original Appointment: 11/5/15
(was serving 2nd term to expire 10/31/21)
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
Resigned: 9/17/20 - (moved out of Clearwater)
5. Daniel Engel -211 S. Prospect Ave., #603, 33756 - Retired/Engineering
Original Appointment: 10/20/16
(was serving 2nd term to expire 10/31/22)
Resigned: 10/15/20
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCIES:
1. Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Manager
(currently serving on the Nuisance Abatement Board)
2. Lina Teixeira - 522 Cleveland St., #1502, 33755 - RN/Artist/Business Owner
3. David C. Farrar -224 Skiff Pt., 33767 - Real Estate Investor
4. Peter F. Kohut - 240 Windward Passage, Unit 105, 33767 - Civil Engineer
5. Nicole Bray - 1608 Harvard St., 33755 - Business Owner
6. Robert B. Farrer - 3359 Wind Chime Dr., 33761 - Financial Advisor
Zip codes of current members:
1 at 33755; 2 at 33764; 2 at 33767
Current Categories:
1 Business, Finance, Real Estate
1 Real Estate Consultant
1 Retired/BA Inst. Court Management
1 Retired/Exec. Dir. Clearwater Beach Chamber of Commerce
1 Sales/Service
Discussion deferred to November 5.
12. Legal
12.1Adopt Ordinance 9399-20 on second reading, annexing certain real properties whose
post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in Clearwater,
Florida 33755, into the corporate limits of the city and redefining the boundary lines of the
city to include said additions.
12.2Adopt Ordinance 9400-20 on second reading, amending the future land use plan element
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1468 Carolyn Lane and 1824 Wes Drive, all in
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential
Low (RL).
12.3Adopt Ordinance 9401-20 on second reading, amending the Zoning Atlas by zoning
certain real properties whose post office addresses are 1468 Carolyn Lane and 1824
Wes Drive, all in Clearwater, Florida 33755, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR).
12.4Adopt Ordinance 9402-20 on second reading, annexing certain real property whose post
office address is 3142 San Bernardino Street, Clearwater, Florida 33759 into the
corporate limits of the city and redefining the boundary lines of the city to include said
addition.
12.5Adopt Ordinance 9403-20 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 3142 San Bernardino Street, Clearwater, Florida 33759,
upon annexation into the City of Clearwater, as Residential Urban (RU).
12.6Adopt Ordinance 9404-20 on second reading, amending the Zoning Atlas by zoning
certain real property whose post office address is 3142 San Bernardino Street,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.7Adopt Ordinance 9405-20 on second reading, annexing certain real property comprised
of 300 feet of Elizabeth Avenue right-of-way abutting real property whose post office
address is 327 David Avenue, Clearwater, Florida 33759 into the corporate limits of the
city and redefining the boundary lines of the city to include said addition.
12.8Confirm COVID-19 Emergency Proclamation and adopt Resolution 20-56.
13. City Manager Verbal Reports
The City Manager said he has received calls from area employers
concerned about election related violence at polling locations. Staff and the
Clearwater Police Department are monitoring the situation. He said the
police department has not received any intelligence regarding the matter.
14. City Attorney Verbal Reports — None.
15. Council Discussion Item
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Council Work Session Meeting Minutes November 2, 2020
15.1 City Manager/City Attorney Salary Discussion
The performance evaluation discussions for the City Manager and City Attorney
were conducted by City Council at the October 14, 2020 city council meeting.
The council discussion concerning salary is conducted at the subsequent
meeting.
For Fiscal Year 2021, 3.5% has been budgeted, consistent with all SAM
employees. Any increase above 3.5% would require a budget amendment using
an appropriation from general fund reserves.
Discussion deferred to November 5.
15.2Timeline for City Manager search - Mayor Hibbard
Human Resources Director Jennifer Poirrier provided PowerPoint
presentation.
Discussion ensued with comments made that a national firm should handle a
national search, that candidates should meet with the community as well as
one-on-one interviews with Council.
The City Attorney said job recruitment firms are hired for a specific project
and defined timeframe. She recommended not pursuing a firm until
a departure date is known. Ms. Poirrier said most of the RFPs issued by the
City have a defined timeframe.
There was consensus to conduct a national search through a national firm.
In response to comments, the City Attorney said she would provide a 6-
month notice. The City Manager said he would like to retire in 2021.
15.3Provide guidance to Sean Schrader in his role as the Clearwater at-large representative
on the Pinellas County Noise Abatement Task Force.
At the October 1 council meeting, Council recommended Sean Schrader to
serve on the Noise Abatement Task Force Committee. Staff was directed to
schedule a discussion after the Pinellas County Board of Commissioners
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City of Clearwater
Council Work Session Meeting Minutes November 2, 2020
confirmed the appointment.
Sean Schrader has been appointed to the Pinellas County Noise Abatement
Task Force as the Clearwater at-large representative.
Discussion ensued with direction provided that Mr. Schrader should contact
staff or Council when additional information or guidance is needed. It was
stated that Mr. Schrader should balance the needs of Clearwater residents
and Allegiant airline, the biggest company at PIE. The City Clerk said she
would contact Mr. Schrader and provide Marine and Aviation Director's
contact information.
16. 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.
17. Closing Comments by Mayor— None.
18. Adjourn
The meeting adjourned at 12:18 p.m.
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City of Clearwater