05/03/2021 Council Work Session Meeting Minutes May 3, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, May 3, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes May 3, 2021
Roll Call
Present 5 - Mayor Frank Hibbard, Councilmember David Allbritton, Vice Mayor
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.
2. Finance
2.1 Comprehensive Annual Financial Report for Fiscal Year 2020 (WSO)
CRI Auditor David Alvarez reviewed findings found during the audit. He said
one significant weakness found related to loans made to qualified recipients
in the home loan mortgage assistance program that were recorded as
revenue when loans were initiated instead of unavailable revenue, as the
funds were not collected during this time. The other significant finding was
related to submitted timecards that lacked documented review for allocation
to federal programs or state projects in a few instances. No other significant
findings were identified during the audit process.
2.2 Authorize the piggyback of State of Florida Term Contract No. 84121500-15-01,
Purchasing Card Services, with Bank of America, for the term April 6, 2021 through
January 4, 2026, including administrative extensions, pursuant to Clearwater Code of
Ordinances Section 2.564(1)(d) Other Government Entities Bids, and authorize the
appropriate officials to execute same. (consent)
For many years the City participated in the Hillsborough County Procurement
Card Program Consortium, which enabled participating members to utilize the
Bank of America contract for purchasing cards (PCards). This program expired
in 2019, so the City shifted its PCard program with Bank of America to the State
of Florida contract effective October 1, 2019. The state contract expired on
January 5, 2021, and after administrative extensions by the state to negotiate
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the renewal terms with Bank of America, has been presented for a new
five-year term from April 6, 2021 through January 4, 2026.
The State Contract provides for a rebate calculation based on the City's spend.
For calendar year 2020, the City received $71,429, which was returned to the
general fund.
APPROPRIATION CODE AND AMOUNT:
PCard charges are reconciled monthly by each department and coded to the
appropriate expenditure accounts in their respective budgets.
3. Parks and Recreation
3.1 Authorize a purchase order to O'Neils LLC dba O'Neils Tree Service (O'Neils) of Ozona,
FL in an annual not to exceed amount of$350,000.00 for term May 10, 2021 through May
9, 2022 with four one-year renewal options pursuant to Invitation to Bid 20-21, Tree and
Stump Removal Services and authorize the appropriate officials to execute same.
(consent)
On February 26, 2021, Invitation to Bid (ITB) 20-21 for Tree and Stump Removal
Services was issued and three responsive bids were received. O'Neils was the
lowest most responsible bid in accordance to the ITB specifications providing
tree and stump removal services within the rights-of-ways (ROW) and
easements of both public and private properties within Clearwater.
The City's in-house arborist crews perform regularly scheduled tree
maintenance as well as hazard maintenance by pruning tree limbs that block
street signs, traffic signals, sidewalks, and roadways.
This contract will supplement the work of the City's Urban Forestry Division by
performing stump and tree removal services that cannot be performed with existing
resources.Both the Engineering and Parks and Recreation departments have a
need to utilize this service throughout the year to address various conflicts created
by trees in the Right of Ways (ROW) as well as trees that are declining in health
and need to be removed.
Additionally, O'Neils will proactively address the removal of diseased trees from city
ROWs as indicated in the annual tree survey. Tree surveys are conducted every
year in one of five zones in the city. Council authorization is requested for an
annual not-to-exceed award of$350,000 per year which includes a contingency for
additional trees not included on the annual tree survey, supplemental work that may
be requested, annual contract price increases, and any other contractual
management requirements. This authorization also includes approval for an
additional four one-year renewal options at the City's discretion.
APPROPRIATION CODE AND AMOUNT:
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Funds are available in various operating codes but primarily in CIP M2006 "Right
of Way Tree Management Program".
In response to questions, Landscape Manager Matthew Anderson said he
could not comment on a contractor's equipment, staff typically reviews the
equipment after the contract is awarded. Regarding smaller diameter trees,
they are typically not considered a hazard and will not be removed. The
average size of the current inventory is approximately 19 inches and would
fall under Item 5 of the contract pricing. He said palm removal and stump
grinding were included if Engineering needed palm removals for a project.
4. Police Department
4.1 Approve agreements with Prison Rehabilitation Industries and Diversified Enterprises
(PRIDE) dba PRIDE Enterprises, of Brandon, FL, in the amount of$112,950 for the
refurbishment of two command vehicles, in accordance with Clearwater Code of
Ordinances Section 2.564(2) and authorize the appropriate officials to execute same.
(consent)
The Clearwater Police Department (CPD) is in possession of two command
vehicles, which are in need of being refurbished, in lieu of purchasing new
vehicles. These vehicles are utilized as a central component of the command
and control element in response to significant incidents, such as public events,
major incident scenes, and community engagement activities.
Due to the condition and age of the CPD's current (main) command vehicle
(G2454, 2001 Bluebird), the Police Department initiated a Capital Improvement
Project (315-P1803), to refurbish and update this vehicle to meet the needs of
the agency and public.
In late 2020, CPD acquired a 2005 Freightliner command vehicle through and
agreement with the Urban Area Security Initiative Program. This vehicle
(G5117) had been previously utilized by another agency and was in need of
repair and modifications including paint, department graphics, and the
installation of modernized city supported electronics. Additionally, the previous
agency originally assigned this vehicle as a mobile crime scene vehicle which
requires retrofitting to meet the needs of CPD as a mobile command and
control center. Proposed retrofitting includes, but is not limited to,
demolition/removal of existing equipment, painting, graphics, cabinetry,
electrical retrofitting, lighting, updated electronics and printers, LED displays
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space, restroom, and carpeting. PRIDE Heavy Vehicle Renovations (HVR) has
quoted retrofitting costs associated with this vehicle at $75,100.
The second command vehicle, G3787, is a 2012 Freightliner. Though this
vehicle has significant mileage, CPD intends to convert this vehicle for
utilization by our Hostage Negotiations Team. Proposed retrofitting includes,
but is not limited to, modifications to the vehicle interior including cabinetry and
workstations, electrical retrofitting, lighting, updated electronics and printers,
LED displays and seating. PRIDE Heavy Vehicle Renovations (HVR) has
quoted retrofitting costs associated with this vehicle at $32,850.
CPD will be seek to surplus G3335 in the future once the modifications to
G5117 and G3787 are complete. G3335 is the vehicle currently being utilized for
the Hostage Negotiations Team and will be replaced by G3787 once the
retrofitting is complete. G2454 will be retained in its current condition as a
backup vehicle to G5117.
Pursuant to Code of Ordinance 2.564 (2), CPD is requesting Council's approval
for the Exceptions to Bid, pursuant to Florida Statute 287.042, utilizing PRIDE
for the renovation of the two command buses. Florida Statue 287.042 exempts
local and state government agencies from competitive sealed bid requirements
when doing business with PRIDE. PRIDE is a not-for-profit corporation that is
funded exclusively through the net proceeds from sales of products and
services manufactured by PRIDE inmate training programs. In addition to
vocational work programs that teach job skills and successful job behaviors to
inmate workers, PRIDE provides post-release transition services including job
referrals and other basic support services that prepare and assist ex-offenders
in their successful reintegration into society.
CPD anticipated this purchase and has funding available for the refurbishment
of these vehicles, in the amount of$107,950, plus project contingency equating
to $5,000 (totaling $112,950) for these agreements.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement and contingency funds, in the amount of$112,950,
are available within capital improvement project 315-Pl803, Command Bus
Refurbishment.
In response to questions, Police Chief Daniel Slaughter said two vehicles will
be refurbished, city policy requires the Department to maintain the third
vehicle until the renovations for the other vehicles are completed before
being surplused. The average cost to purchase new vehicles is
approximately$500,000. He said the vehicle is needed in the field whenever
air-conditioned space is needed. Negotiators work as a team and need to be
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able to talk and work in a space with sound proofing. He said the City needs
to have their own resource when the need arises. Sharing a vehicle from
another agency would not guarantee the vehicle will be available when the
need arises.
4.2 Approve an agreement between Divecom Services, LLC, located at 1323 20th Avenue
East, Palmetto, FL 34221, and the City of Clearwater to provide vessel removal, towing,
storage, and/or disposal services to accommodate all needs of the Clearwater Police
Department and the Marine and Aviation Department and authorize the appropriate
officials to execute same. (consent)
On November 10, 2020, Request for Proposal (RFP) 09-21 was issued seeking
qualified vendors to provide full-service removal, towing, storage, and/or
disposal of designated `at risk' and derelict marine vessels located in City of
Clearwater waterways.
A five-member committee, comprised of members of the Police and Marine &
Aviation departments, evaluated the single qualified response received.
Divecom Services' proposal was reviewed and accepted based on
qualifications, experience, facilities, equipment, and capacity.
Under the terms of this agreement, the City will be billed consistent with Pinellas
County's contract with the vendor, based on the size of the vessel to be
removed and/or towed. Storage will be the responsibility of the vessel owner.
The agreement calls for an initial one-year term, effective May 6, 2021 through
May 5, 2022, with three optional one-year extensions.
Under the terms of this agreement, the vendor will complete work within five
business days after contacted by the City, unless otherwise mutually agreed.
APPROPRIATION CODE AND AMOUNT:
Funding for Marina related towing is budgeted and available in operating cost
code 4321371-530300, contractual services. Future year funding will be
requested in this code.
Funding for Police Department managed towing needs in city waterways
(excluding the Marina) anticipated for the remainder of the current year (fiscal
year 2020/21) will be charged to project 315-93415, Waterway Maintenance.
Funding for future years will require an increased budget appropriation to the
Waterway Maintenance project funded by the General Fund.
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4.3 Authorize the Clearwater Police Department (CPD) to accept a Florida Department of
Health, Helping Emergency Responders Obtain Support (HERDS) Program grant, to
update the Department's Naloxone (Narcan) supply in the valued amount of$11,800 and
authorize the appropriate officials to execute same. (consent)
In April 2021, the Resource Management Committee approved submission of a
grant application under the Florida Department of Health, Helping Emergency
Responders Obtain Support (HEROS) Program. That grant is now awarded
and CPD seeks approval to accept it.
The Opioid crisis has significantly impacted the State of Florida and Pinellas
County. In 2018, there were 238 opioid-related deaths in Pinellas County, up
from 150 in 2015. Pinellas County EMS reported 5,306 overdose related
transports in 2019. Clearwater Police Department Officers and Clearwater
Fire/Rescue respond to opioid related overdose calls for service on a routine
basis.
In 2016, the Clearwater Police Department became the first law enforcement
agency in the Tampa Bay Region to deploy opioid antagonist Naloxone,
commonly referred to as Narcan, to selected field personnel. In 2017, the
Police Department equipped all field personnel with this life saving drug.
In 2019, Clearwater Police Department personnel deployed Narcan 21 times and
responded to over 280 specific overdose incidents. In 2020, Clearwater Police
Department personnel deployed Narcan 26 times and responded to 279
specific overdose incidents.
Providing opioid antagonists, such as Narcan, is a central tenant of the Pinellas
County Opioid Task Force's Strategic Plan.
In January 2021, the Florida Police Chiefs Association (FPCA) made available
the Florida Department of Health, Helping Emergency Responders Obtain
Support (HEROS) Program to municipal Police Departments. The Police
Department applied for, and received, a similar grant award through the
HEROS Program in 2018 and, again, in 2020.
The Clearwater Police Department applied for this grant to replace its current
Narcan supply; the majority of this supply is set to expire in September 2021.
The Clearwater Police Department was awarded a grant allotment, to replace
295 packages of Narcan Nasal Spray (Naloxone HCI, 4mg) or 590 doses. Each
officer/field personnel is equipped with two doses of this life saving drug. The
approximate value to the grant award is $11,800.
There will be no direct adverse impact to the Police Department annual
operating budget nor is there a required match.
5. Engineering
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5.1 Approve the request from the owner of property addressed as 2055 Buford Avenue,
Clearwater to vacate a platted 10-foot Utility Easement, described as the north 10 feet of
lot 18, Cedar Heights, according to the plat thereof as recorded in Plat Book 81, Page
85, of the Public Records of Pinellas County, Florida, and pass Ordinance 9461-21 on
first reading.
The property owner at 2055 Buford Ave., Clearwater, has requested that the
City vacate a 10-foot platted Utility Easement along the rear of their property.
The purpose of this vacation will be to allow construction of a pool and pool
deck.
There are no utilities present within this easement. City staff have reviewed this
vacation and have no objection.
5.2 Approve the request from the owner of property addressed as 1002 Eldorado Avenue,
Clearwater to vacate a platted 5-foot Utility Easement, described as the west 5 feet of lot
7, Block 69, Mandalay, recorded in Plat Book 14, Pages 32 to 35, of the Public Records
of Pinellas County, Florida, and pass Ordinance 9462-21 on first reading.
The property owner at 1002 Eldorado Ave., Clearwater, has requested that the
City vacate a 5-foot platted Utility Easement along the rear of their property.
The purpose of this vacation will be to allow construction of a pool and pool
deck.
There are no utilities present within this easement. City staff have reviewed this
vacation and have no objection.
5.3 Approve the final plat for Elevate SafePoint, whose physical address is 1551/1555/1559
Union Street, located on the south side of Union Street approximately 900 feet east of
Highland Avenue. (consent)
This will be a 2-lot plat for an assisted living facility and an independent living
facility.
This project site is currently unplatted lands consisting of three separate
parcels.
The project site consists of 7.00 acres M.O.L.
This development was approved through the Development Review Committee
on December 19, 2020 and the Community Development Board on January 19,
2021.
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5.4 Approve the final plat for Leeks Thomas Estates, whose physical address is 511-517
Virginia Lane, located on the east side of Virginia Lane approximately 300 feet south of
Gulf to Bay Boulevard. (consent)
This plat will create four single family residential lots from three unplatted
parcels.
The property is currently vacant land in a Low Medium Density Residential
zoning.
The project site consists of 0.64 acres M.O.L.
This development was approved through the Development Review Committee
on February 4, 2021.
5.5 Approve the final plat for Aventon Clearwater, whose physical address is 24323 / 24479
US Highway 19 North, located on the east side of US Highway 19 North approximately
800 feet north of Sunset Point Road. (consent)
This will be a 3-lot plat for the development of apartment homes.
The project site is currently unplatted lands consisting of two separate parcels.
The project site consists of 26.23 acres M.O.L.
This development was approved through the Development Review Committee
on March 11, 2021.
In response to a question, Planning and Development Director Gina
Clayton said Aventon, by design, is the most complaint to the vision of the
US 19 Plan. As it relates to density, no, the project does not fit the US 19
Plan. She said this is the best multi-family project to date in terms of site
design.
5.6 Approve an Engineer of Record (EOR) Work Order to Metzger and Willard, Inc., of
Tampa, Florida, in the amount of$256,542.00 for Local Limits and WRF Permit
Renewals (21-0007-UT) and authorize the appropriate officials to execute same.
(consent)
Metzger + Willard, Inc. (MWI), will assist the city with renewing the Florida
Department of Environmental Protection (FDEP) operating permits for the
Northeast Water Reclamation Facility (WRF), East WRF and Marshall Street
WRF. The operating permits must be renewed every five years.
MWI will also assist the City with re-evaluation of the local limits for the City's
Industrial Pretreatment Program. The local limits must be evaluated concurrent
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with the WRF permit renewal cycles required by FDEP.
APPROPRIATION CODE AND AMOUNT:
4211354-530100 $ 43,686.50
4211355-530100 $ 43,686.50
4211356-530100 $ 39,451.50
4211353-530100 $129,717.50
Funds are available in Public Utilities cost centers 530100 Professional
Services to fund the work order.
5.7 Award a construction contract to Kat Construction and Materials, Inc., of Port Richey,
Florida, per Invitation to Bid (ITB) 18-0058-UT for Rehabilitation of Lift Stations 54 and
65, in the amount of$1,081,520.00; approve Engineer of Record (EOR) Supplemental
One Work Order to Metzger and Willard, Inc. in the amount of$78,139.19, increasing the
work order from $262,020.00 to $340,159.19, and authorize the appropriate officials to
execute same. (consent)
Lift stations 54 and 65 have corrosion on interior and exterior discharge piping
and pumps, interior concrete walls require repair and outdated control panels
need replacement.
February 24, 2021, Engineering issued ITB 18-0058-UT for Rehab of LS-54
and 65. Six bids were received and Kat Construction & Materials, Inc. of Port
Richey, Florida, was the lowest responsible bidder in accordance with plans
and specifications. EOR Metzger + Willard evaluated the bids and
recommends awarding the contract to Kat Construction.
September 5, 2019, City Council approved the initial work order to Metzger +
Willard to design and permit the rehabilitation of both lift stations, in addition to
developing lift station design standards, in the amount of$262,020.00.
This Supplemental 1 Work Order is for Construction Engineering and
Inspection Services for a new work order value of$340,159.19.
Construction is anticipated to be completed within 180 calendar days from
issuance of Notice to Proceed.
The City of Clearwater Public Utilities Department is responsible for owning,
operating, and maintaining the sanitary sewer lift stations.
APPROPRIATION CODE AND AMOUNT:
3217321-546700-96686 $1,081,520.00
3217321-530100-96686 $ 78,139.19
Funding is available in Capital Improvement Project 96686, Pump Station
Replacement, to fund the contract and work order.
5.8 Approve Amendment One to Southwest Florida Water Management District (SWFWMD)
Cooperative Funding Agreement (N915) for Lower Spring Branch Conveyance
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Improvements (14-0048-EN), extending the expiration date through June 30, 2024, and
authorize the appropriate officials to execute same. (consent)
The Lower Spring Branch Stormwater Improvements is identified as Project 1 B
in the Stevenson Creek Watershed Management Plan (WMP), which was
prepared by the City of Clearwater with SWFWMD's cooperative funding and
participation.
This project will provide flood relief for approximately 11 homes adjacent to
the Creek, removing them from the 100-year floodplain.
The construction of this project includes the replacement of bridges at
Springtime Avenue, Overlook Avenue, and the addition of larger box culverts
under Douglas Avenue.
The Cooperative Funding Agreement between the City of Clearwater and
SWFWMD includes reimbursement up to 50% of the cost of design and
construction up to a maximum of$1,160,000 and Pinellas County, as a
third party within this agreement, up to 50% of the cost of design and
construction up to a maximum of$500,000 for construction of the project.
Pinellas County will reimburse the City 25%, not to exceed $270,000 of the
construction of Douglas Avenue Crossing, for a total of$1,430,00 in
potential reimbursements.
August 14, 2018, City Council approved Cooperative Funding Agreement N915
for 50% of design and construction up to a maximum of$1,160,000.
Due to considerable easement acquisition and design challenges, the City has
requested to extend the contract expiration date to June 30, 2024 upon approval
of City Council. The amendment includes no changes to reimbursement values.
In response to questions, Engineering Assistant Director Elliott Shoberg
said there is a bridge upstream of Douglas Avenue on Sunset Point Road
and two downstream to the west and southwest of Douglas Avenue. The
eleven homes impacted by the project are located near the northwest corner
of Betty Lane and Sunset Point Road. He said Pinellas County has funded
all of the work on Sunset Point Road. The City will pay for 50% of two city-
owned bridges.
6. Official Records and Legislative Services
6.1 Appoint Lori Y. Carter to the Brownfields Advisory Board as a business owner or
representative with a term to expire May 31, 2025. (consent)
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
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Council Work Session Meeting Minutes May 3, 2021
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: **
MEMBERS: 9
CHAIRPERSON: Joseph DeCicco
MEETING DATE: As Called
PLACE: Determined when called
STAFF LIAISON: Philip Kirkpatrick
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents
who live within or adjacent to the Brownfields Area; Three members will be
owners or representatives of businesses operating in the Brownfields area and
need not be residents of Clearwater; Three members will be representatives of
federal or state agencies or local governments involved with the Brownfields
remediation process within Pinellas County and need not be Clearwater
residents
THE FOLLOWING BROWNFIELDS ADVISORY BOARD MEMBER'S TERM
HAD EXPIRED AND HE DID NOT WISH REAPPOINTMENT:
1. Matt Crum -2125 Scarlet Oaks Street, 33759 - Insurance
Original Appointment: 5/19/16
(was serving 1st term that expired 5/31/20)
Interested in Reappointment: No
(Business owner or rep)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Lori Y. Carter - 6005 30th Ave West, Bradenton, FL 34209 - HR Management
Office: Vesper Wave Solutions
1548 S Missouri Unit 142, Clearwater, FL 33756
(Business owner or rep)
Zip codes of current members:
4 at 33755
2 at 33756
1 at 33770
1 at 33773
Current Categories:
3 Agency or Government rep.
2 Business Owner or rep.
3 Residents
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6.2 Appoint two members to the Airpark Advisory Board with terms to expire April 30, 2025.
APPOINTMENT WORKSHEET
BOARD: Airpark Advisory Board
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5 + 1 Ex Officio member
CHAIRPERSON: Kelli O'Donnell
MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov.
PLACE: Chambers - 3 p.m.
APPOINTMENTS NEEDED: 2
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE:
1. Paul A. Doric - 1837 Skyland Dr., 33755
Original Appointment: 8/20/14
(was serving 1 st term until 4/30/21)
Interest in Reappointment: No
2. Richard Porraro - 1047 Sunnydale Dr., 33755
Original Appointment: 3/15/12
(was serving 2nd term until 4/30/21)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCIES:
1. Ray McNeil - 1640 Greenlea Dr., 33755
2. Roger Schulman - 2337 Willow Tree Trail, 33763
Zip codes of current members on board:
3 at 33755
1 at 33761
1 at 33764
1 at 33765
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There was council consensus to appoint Ray MacNeil and Roger Schulman.
Staff was directed to place the item on the consent agenda.
6.3 Appoint two members with terms to expire April 30, 2025 and appoint one member to fill
the remainder of an unexpired term through March 31, 2022 to the Public Art and Design
Board.
APPOINTMENT WORKSHEET
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the
Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the
Creative Pinellas representative
MEMBERS: 7
Liaison: Christopher Hubbard, Cultural Affairs Coord.
CHAIR: Neale Stralow
MEETING DATE: Quarterly - January, March, June, Sep.
TIME/PLACE: 2:00 PM/Chambers
APPOINTMENTS NEEDED: 3
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
1. Jonathan Barnes - 1613 Maple St., 33765 - Humanities and Fine Arts
Original Appointment: 11/7/19
(was filling an unexpired term until 4/30/21)
(1 Absence in the past year)
Interest in Reappointment: Yes
(Citizen)
2. Eric Seiler- 2632 Enterprise Road East, A-15, 33759 - Mechanical Engineering
Original Appointment: 7/16/15
(was serving 1 st term until 4/30/21)
(0 Absence in the past year)
Interest in Reappointment: Yes
(Citizen)
3. Michael Potts - 1155 Jackson Rd., 33755 - General Contractor/Inspector
Original Appointment: 3/1/18
(was serving 1st term until 3/31/22)
Passed Away - March 2021
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(General Contractor/Inspector)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCIES:
1. Theresa E. Bromm-Boesen -2612 Pearce Dr., #210, 33764 - Teacher/College
Adm.Asst.
2. Gregory Byrd - 1400 Pine Brook Dr., 33755 - Professor
Zip codes of current members:
1 - 33755
1 - 33761
1 - 33764
2 - 33765
1 - 34653
Current Categories:
1 Artist/Art Business Owner
3 Citizens
1 Clearwater Arts Alliance, Inc.
1 Creative Pinellas
There was council consensus to appoint Jonathan Barnes and Eric Seiler with
terms to April 30, 2025 and Gregory Byrd to fill the remainder of the unexpired
term through March 31, 2022. Staff was directed to place the item on the
consent agenda.
7. Legal
7.1 Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-21.
7.2 Request for authority to institute a civil action on behalf of the City against Reliant
Underground, LLC to recover $2,249.63 for damages to city property. (consent)
On July 16, 2019, a contractor of Reliant Underground, LLC put several gouges
into a 2-in. PE gas main line, one which punctured the line at 16th Avenue SE
and Seminole Boulevard and on September 20, 2019 a contractor hit a 1-in. PE
gas service line with a directional bore at 980 N. Missouri Avenue. Repairs to
both the gas lines cost $2,249.63.
Demand letters have been sent to Reliant Underground, LLC but no response
has been received.
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Costs relative to this action will include a $175 filing fee, and fees for service of
process of approximately $60.
APPROPRIATION CODE AND AMOUNT:
5907590-545900, Insurance Claims - Liability
7.3 Request for authority to institute a civil action on behalf of the City against Steve's
Excavating and Paving, Inc. to recover $5,205.89 for damages to city property. (consent)
On December 10, 2019, a contractor of Steve's Excavating and Paving, Inc. hit
a 2-in. Extrube main gas line with a backhoe at 800 Wellington Dr., Clearwater,
FL 33764. Repairs to the gas line cost $5,205.89.
Demand letters have been sent to Steve' s Excavating and Paving, Inc. but no
response has been received.
Costs relative to this action will include a $175 filing fee, and fees for service of
process of approximately $60.
APPROPRIATION CODE AND AMOUNT:
5907590-545900, Insurance Claims - Liability
7.4 Authorize the City of Clearwater to join the State of Florida and other local governmental
units as a participant in the Florida Memorandum of Understanding and Formal
Agreements implementing a Unified Plan and adopt Resolution 21-19.
On February 13, 2018, the City Council authorized hiring Motley Rice, LLC. to
investigate, litigate, or negotiate for settlement, actionable claims that may be
pursued by the City against individuals and entities related to the marketing,
prescribing, distribution, or sale of opioids.
On November 15, 2018, Motley Rice filed a complaint in the Sixth Circuit court
on behalf of the City, naming multiple pharmaceutical companies and
distributors as defendants.
Since then, Motley Rice has been negotiating with distributors and through
bankruptcies filed by several pharmaceutical companies for a settlement to the
matter.
The State of Florida has filed an action pending in Pasco County, Florida,
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and a number of Florida Cities and Counties have also filed an action In re:
National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the
Opioid Litigation) and the City of Clearwater is a litigating participant in that
action.
The State of Florida and lawyers representing certain various local
governments involved in the Opioid Litigation have proposed a unified plan for
the allocation and use of prospective settlement dollars from opioid related
litigation. Based on the status of this litigation, the likely structure of any
resolution, and the potential litigation risks in the absence of a statewide
agreement, our counsel believes this proposal reflects a reasonable
compromise between the State and its political subdivisions.
The Florida Memorandum of Understanding (the Florida Plan) sets forth a
framework of a unified plan for the proposed allocation and use of opioid
settlement proceeds. It is anticipated that formal agreements implementing
the Florida Plan will be entered into at a future date. Participation in the
Florida Plan by a large majority of Florida cities and counties will materially
increase the amount of funds to Florida and should improve Florida's relative
bargaining position during additional settlement negotiations.
Under the likely settlement structure for the cases, states and their political
subdivisions are strongly incentivized to reach a joint resolution of all State and
political subdivision claims. Joining with the State and other local government
units means that the state and the political subdivisions will receive a
substantially larger settlement amount if they are all parties to the settlement.
Under this agreement, all settlement funds received by the State of Florida and
its political subdivisions must be utilized for strategies, programming and
services used to expand the availability of treatment for individuals impacted by
substance use disorders (Approved Purposes). A non-exclusive list of potential
abatement programs and uses are included in Exhibits A and B to the
agreement. These uses are intended to best serve the overall purpose and
intention of this litigation, which is to abate the continuing public health crisis of
opioid addiction within our communities.
This Proposal divides all settlement funds between three funds: (1) the
City/County Fund; (2) the Regional Fund; and (3) the State Fund.
The City/County Fund consists of 15% of the total settlement amounts allocable
to the State of Florida. These funds are distributed to all counties and qualifying
municipalities in the State of Florida. The allocation of the City/County Fund
between counties and municipalities is based on a model referred to as the
"Negotiation Class Metrics." This model was developed in the National
Prescription Opiate MDL, and considers: (1) the amount of opioids shipped to
the county; (2) the number of opioid deaths that occurred in that county; and (3)
the number of people who suffer opioid use disorder in that county.
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The Regional Fund consists of a sliding scale between 30% and 40% of the
total settlement amounts allocable to the State of Florida, with the largest
percentages occurring in the immediate years after settlement and decreasing
over time. In the case of counties with a population of over 300,000, and which
satisfy other criteria regarding abatement infrastructure, (termed "Qualified
Counties") these funds are provided directly to the county. the definition of
Qualified County requires that the county reach an agreement with at least
some municipalities within the county as to how these funds are spent.
Specifically, they must reach an agreement with a sufficient number of
municipalities such that the aggregate population of municipalities which
consent to the county's use of these funds is more than half the aggregate
population of individuals residing within municipalities in your County.
The State Fund consists of the remaining 45% to 55% of the total settlement
amounts allocable to the State of Florida, depending on the amount of the
Regional Fund above. As with the City/County Fund and Regional Fund, these
funds must be spent on Approved Purposes.
The State and each local government must report its expenditures to the
Department of Children and Families each year.
This agreement also establishes an Opioid Abatement Taskforce or Council.
The Taskforce or Council includes appointments from municipalities, qualified
counties, and non-qualified counties. The purpose of the Opioid Abatement
Taskforce or Council is to advise the Governor, Legislature, Florida's
Department of Children & Families and Local Governments on priorities that
should be addressed as part of the opioid epidemic and to review how monies
have been spent.
Through the course of negotiating these settlements and this allocation
agreement, outside counsel has sought to create a separate fund for the
payment of attorneys' fees. In this manner, the costs of attorneys' fees are
shared by both litigating and non-litigating entities, rather than paid directly from
the recovery of litigating entities, as provided in the agreement or retainer.
The proposal creates a fee fund of between 0-10% of the City/County fund,
depending on the degree to which litigating local governments choose to
participate in this settlement. Under this proposal, counsel must first attempt to
obtain a legal fee from any national fee fund established as part of any
settlement. If counsel is unable to obtain their full contracted fee from that fund,
counsel may then obtain additional funds from this separate fund. In most
cases, this will result in a substantial reduction in the attorney's fees to counsel
from what is set forth in the agreement or retainer, and will avoid the necessity
of counties and cities paying the higher contingency fee directly from their
recovery.
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If we are not able to reach an agreement with the Attorney General's office, this
may threaten the overall allocation of settlement proceeds to the State of Florida
and its local governments. This is because the settlement agreement currently
under negotiation incentivize states and local governments to reach allocation
agreements and penalizes those that do not.
Alternatively, there is a potential litigation risk that in the absence of an agreed
upon allocation plan, the State may seek a declaration that only the State of
Florida, and not its local governments, have standing to bring litigation on behalf
of its citizens, threatening the ability of local governments to pursue their own
lawsuits in this matter.
The City Attorney requested the item be continued to May 17, 2021.
7.5 Continued from March 4, 2021: Approve the contraction of the Clearwater Cay
Community Development District and pass Ordinance 9437-21 on first reading.
CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a
Delaware limited liability company, doing business in Florida as CL
Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited
liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability
company; CL Clearwater Owner 5 LLC, a Delaware limited liability
company; and CL Clearwater Owner 6 LLC, a Delaware limited liability
company, owners in Clearwater Cay Community Development District
(Petitioners), a community development district established by Ordinance
No. 7515-05, adopted on September 15, 2005 as amended by Ordinance
7564-05, adopted on January 19, 2006 of the City Council of Clearwater,
Florida, and effective on that date (City Ordinance), have petitioned the
City Council of the City of Clearwater, Florida (Council), through its Petition
to Amend Clearwater Cay Community Development District (Petition), to
contract by non- emergency ordinance, the boundaries of the Clearwater
Cay Community Development District (District).
The Petition is complete in that it meets the requirements of Section
190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the
application and determined it to be complete and sufficient.
The costs to the City of Clearwater and government agencies from
contraction of the District are nominal. There is no adverse impact on
competition or employment from District contraction. The persons affected
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Council Work Session Meeting Minutes May 3, 2021
by contraction are the future landowners, present landowners, the City of
Clearwater and its taxpayers, and the State of Florida. Methodology is as
set forth in the Statement of Estimated Regulatory Costs (SERC) on file
with the City. The SERC of the Petitioner pertaining to District contraction
is complete and adequate, in that it meets the requirements of Section
120.541, Florida Statutes.
Contraction of the District by this Ordinance, whose uniform general law
charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and
not inconsistent with the local Comprehensive Plan of the City of
Clearwater and with the State Comprehensive Plan.
The area of land within the District as contracted is sufficient size, is
sufficiently compact, and is sufficiently contiguous and has been
developed as one functional, interrelated community.
The area that is proposed to be served by the District after the contraction
is amenable to separate special district government.
Upon the effective date of this Ordinance. the Clearwater Cay Community
Development District will cease to be duly and legally authorized to exist
on the proposed Contraction Property and, as to the Contraction Property
shall cease to exercise any of its general and special powers in
accordance with, and as granted by, its uniform community development
district charter as provided in Sections 190.006- 190.049, Florida
Statutes.
All notice requirements of law were met and complete notice was timely
given.
The City Attorney requested the item be continued to June 3, 2021. She
reported that the Applicant has continued to work on the matter, a budget
needs to be formed in order for the parties to make a decision.
7.6 Adopt Ordinance 9440-21 on second reading, annexing certain real property whose post
office address is 1313 Parkwood Street, Clearwater, Florida 33755, together with the
right-of-way of Parkwood Street abutting Lots 4 and 5, into the corporate limits of the city
and redefining the boundary lines of the city to include said addition.
7.7 Adopt Ordinance 9441-21 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 1313 Parkwood Street, Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Residential Low (RL).
7.8 Adopt Ordinance 9442-21 on second reading, amending the Zoning Atlas of the city by
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Council Work Session Meeting Minutes May 3, 2021
zoning certain real property whose post office address is 1313 Parkwood Street,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
7.9 Adopt Ordinance 9443-21 on second reading, annexing certain real property whose post
office address is 2077 Poinsetta Avenue, Clearwater, Florida 33755, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
7.10Adopt Ordinance 9444-21 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 2077 Poinsetta Avenue, Clearwater, Florida 33755, upon
annexation into the City of Clearwater, as Residential Urban (RU).
7.11Adopt Ordinance 9445-21 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2077 Poinsetta Avenue,
Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
7.12Adopt Ordinance 9460-21 on second reading, amending the Clearwater Code of
Ordinances by replacing Division 3 of Article VI, Chapter 2, Purchasing, in its entirety with
a revised Division 3 of Article VI, Chapter 2, Purchasing.
8. City Manager Verbal Reports
8.1 Parking Inequities Special Meeting
The City Manager said staff is evaluating on how employees will address the
environment of mask wearing and no mask wearing to avoid conflicts in the
workplace.
The City Manager said in lieu of scheduling a couple of hours, staff would like
to take portions of this issue throughout the next work sessions and seek
council input.
There was council consensus to piece meal the discussion at regular work
sessions.
8.2 Fireworks
The City Manager said staff believes that it is best to hold a smaller July 4
fireworks display at BayCare Ball Park rather than the beach this year. Staff
believes residents will be offended if the only option to view the fireworks will
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Council Work Session Meeting Minutes May 3, 2021
be at the beach. He said Pinellas County has not rescinded its large-scale
special events COVID ordinance. It is believed the County Commission will
rescind the ordinance at their May 11 meeting. He said holding the fireworks
will allow for crowd control and for citizens to view it from other locations.
In response to questions, Parks and Recreation Senior Manager Athletics
Kris Koch said staff has discussed two options with the fireworks
contractor. Staff is considering providing one fireworks display at Joe Di
Maggio Sports Complex and another at BayCare Ball Park. He said the
Special Events Committee has discussed parking, traffic, safety, and
staffing. The Threshers are concerned with staffing fatigue and ability to
keep events at the ballpark profitable, which will be difficult if the 2,200
attendance restriction is not lifted. The City Manager said the City will need
county approval to accommodate an attendance larger than 2,200 if the
ordinance is not repealed. Mr. Koch said individuals interested in seeing the
fireworks display at the ballpark could use the parking areas south of Drew
Street. Staff will notice the neighborhoods surrounding the ballpark and
areas where spectators may park their vehicles.
There was council consensus for staff to move forward with the fireworks
display at the ballpark.
9. City Attorney Verbal Reports — None.
10. Council Discussion Item
10.1 US Conference of Mayors Membership - Mayor Hibbard
Mayor Hibbard requested consideration that the City join the U.S.
Conference of Mayors. He said when he served previously, the City was a
member and that he found value in borrowing ideas, sharing resources with
Council, and attending conferences. The annual dues are $9,181.
There was council consensus for joining the U.S. Conference of Mayors.
10.2Chickens - Mayor Hibbard
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Mayor Hibbard said all of council have been approached on the matter and
he has promised residents that council would discuss the matter. He
provided copies of articles related to backyard chickens.
Discussion ensued with comments made that there are individuals who
support the initiative and that roosters should not be considered. Information
was requested regarding the regulations for those municipalities in Pinellas
that allow backyard chickens.
The City Attorney said most of the municipal ordinances should look similar
to the county ordinance. There will be two more opportunities for public
discussion after Thursday's council meeting as the matter will require an
ordinance. Planning and Development Director Gina Clayton said noise and
smell are the most concerning areas as they are difficult to enforce. She said
council will also need to determine how much time should be dedicated to
enforce code.
10.3PSTA/Forward Pinellas Update - Councilmember Allbritton
Councilmember Allbritton said Forward Pinellas has not met since his last
update. He reviewed PSTA's most recent Diversity, Equity and
Inclusion Report. He said PSTA will be requesting that future
accommodations for electric trolley charging stations be included in the
renewed agreement with Jolley Trolley. PS TA plans to bring the AVA, a
small autonomous electric bus service, to Clearwater in September.
10.4Standard Operating Procedures for Getting Solar Quotes - Councilmember Beckman
Councilmember Beckman requested consideration to direct staff to include
solar panel installation quotes for new city buildings or roof repairs in the
RFP process. She said she wants the collegial body to support, from this day
forward, the installation of solar panels on anything that has a roof and, at no
expense to the city, release an RFP for solar panel installation. By not
creating our own energy, the City is not saving money. She said when she
was considering solar panels for her home, she was given information on the
range of sunlight, cost per kilowatt, amount of energy the solar panels will
produce, and annual savings. She said the warranty of a solar panel is 25 to
30 years.
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The City Manager said he understands her passion for solar panels. The
solar panel discussion has morphed into mandating solar panels on city
facilities. Engineering Director Tara Kivett said sustainability and resiliency
components have recently been included in all RFQ and design work orders
for capital projects. Although solar panels were not specifically sought for the
new Police substation, the substation was designed to meet a LEED silver
certification, but the work order noted that the LEED silver certification would
not be pursued. Assistant City Manager Micah Maxwell said the substation
fell under prior standards Engineering was using. In November, Fire Station
4 T work order included solar panels as part of the review. The installation
of solar panels will depend on the design of a building before determining if
the installation makes sense financially. Ms. Kivett said the Beach Fire
Station is not a category 5 building since it is located in an evacuation zone.
She said solar panels at the fire station will be looked at as an add alternate,-
staff
lternate,staff will consider the cost prior to Council approving the GMP.
In response to questions, Ms. Kivett said during the design process, the
architects and engineers will account for solar as the roofing will differ from a
residential roof. The City is designing and constructing buildings that will last
50 plus years, while considering maintenance issues. She said it is easier for
architects and engineers to include solar panels at the beginning of the
design process. Most of the City's buildings are built using a construction-
manager at risk firm and follow the same procurement guidelines the City
uses. She said staff can look into what other municipalities do to obtain
competitive solar panel pricing. The construction manager at-risk firms will
advertise on their own project websites, receiving competitive bids on certain
packages based on the type of trades involved. Ms. Kivett said using
construction-manager at risk firms have proven to be successful for larger
projects in streamlining the process, reducing change orders, and providing
a more collaborative approach. She said staff received pricing for the solar
panels at the police substation but that was not considered as a standard
approach for a category 5 building, in lieu of penetrating the roof, panels on
the carport structures were suggested.
Discussion ensued with comments made that the solar panels over the
parking area at the St. Petersburg Pier was nice and provided cars with
some shade and that a broader sustainability and energy savings discussion
is needed. It was stated that staff should contact other municipalities about
their experience with solar panels and how they obtained competitive pricing.
Ms. Kivett said the solar panels in St. Petersburg were fully funded by Duke
Energy. Staff is working with Duke Energy regarding a similar installation for
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Council Work Session Meeting Minutes May 3, 2021
the carport structures at the police substation. Mr. Maxwell said one of the
difficulties associated with the police substation is that the carport structures
are not anchored enough and may fall down, impacting the Department's
ability to deploy the vehicles. Ms. Kivett said the 30-year payback for the
solar panels at the police substation were based on the bids received by
Ajax for solar panel installation. Mr. Maxwell said three estimates were
received, the electrical engineer that works with Harvard Jolley submitted an
estimate for a 15-year payback but the cost increased when the construction
manager at risk began adding the required structural elements.
The City Manager said staff is concerned about saving money. Staff
must proceed and evaluate the entire project in order to explain to council
the total cost. He said council should not dictate to staff how to perform their
jobs when evaluating projects. He said council sets the policy on whether or
not payback period matters for certain items.
Mr. Maxwell said the City has many different types of buildings that need to
be evaluated to determine where solar panels make sense. Staff will be
discussing the matter with several engineering groups to identify efficiencies.
The City Manager said he will advise Council when the energy discussion is
placed on the agenda.
10.5Councilmember Advisory Board Attendance - Mayor Hibbard
Discussion deferred to May 6, 2021.
11. 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.
12. Closing Comments by Mayor— None.
13. Adjourn
The meeting adjourned at 11:17 a.m.
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City of Clearwater