02/01/2021 Council Work Session Meeting Minutes February 1, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, February 1, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 1, 2021
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 am in Council Chambers at the
Main Library.
2. Economic Development and Housing
2.1 Ratify and confirm the City Manager's approval of the third allocation of Coronavirus
Relief Funds distributed by the Florida Housing Finance Corporation. (consent)
The State of Florida has been awarded funds pursuant to section 601(d) of the
Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief,
and Economic Security Act (CARES Act). Earlier this year, the Florida Housing
Finance Corporation (FHFC) distributed two allocations of Coronavirus Relief
Funds (CRF) to local governments to assist individuals and families who have
been financially impacted by the COVID-19 pandemic. The two allocations
combined for a total of$634,546 in CRF funds to be used by the City for the
following program purposes or activities:
i. Rental assistance payments (including back rent, deposits and utility
payments);
ii. Mortgage payments;
iii. Housing re-entry assistance, such as security deposits, utility deposits,
and temporary storage of household furnishings;
iv. Foreclosure counseling; and
v. 10% of funds expended may be used for administration.
Program guidelines require program closure by December 30, 2020. FHFC
announced that, upon request, more funding was available to local governments
who expended their CRF funds prior to December 30. As of December 8, the
city had expended all CRF funds from the first two allocations; however, many
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Council Work Session Meeting Minutes February 1, 2021
residents still needed assistance. At that time, staff requested an additional
$400,000. Staff informed FHFC it would expend as much of the additional
funding as possible and would return any unused funds following the December
30 deadline. In total, the city processed payments totaling $853,975 to assist
248 Clearwater families financially impacted by the pandemic. An additional
$85,397 was used for program administration. $95,174 will be returned to
Florida Housing Finance Corporation.
The City began receiving applications for its Rent, Mortgage and Utilities
Assistance Program on August 13, 2020. Economic Development and
Housing, Library and Finance staff combined efforts to sift through 1,726
applications. All eligible applications were funded. This intense
intradepartmental effort was successful in assisting many Clearwater families
in need while ensuring compliance with funding source regulations.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
In response to a question, Economic Development and Housing Assistant
Director Chuck Lane said when staff requested the $400,000, there was no
way to determine how many applications would be received. Staff
overestimated the amount needed to ensure eligible applicants received
funding. He said the December 30, 2020 deadline was tight and shorter than
the usual grant timeline. Funds that were not used were returned to the
State, the grant program has been closed and there are no additional funds.
2.2 Ratify and confirm approval of a Management Agreement between the City of Clearwater
and The Greater Clearwater Regional Chamber of Commerce dba AMPLIFY Clearwater
to provide visitor information services at the Clearwater Beach Visitor Information Center
(BVIC) for the period February 1, 2021 through September 30, 2025 at a cost not to
exceed $317,265 and authorize appropriate officials to execute same. (consent)
The BVIC, built in 2002, is located adjacent to the Pier 60 playground on
Clearwater Beach just west of the Clearwater Beach Municipal Marina. The
center is a 15 ft. x 20 ft. air-conditioned concrete block structure of tropical
seascape design compatible with existing beach buildings. The BVIC building
will be provided to the operator rent-free and shall be open to serve the public.
The days of the week and hours of operation will vary and be dependent upon
anticipated tourism activity throughout the year. The City's Building and
Maintenance Division will maintain the structural integrity of the building.
The City released RFP #02-21 on October 8, 2020 seeking an
operator/management firm to provide public information services at the
Clearwater BVIC. The City received one proposal by the November 6, 2020
deadline.
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The Selection Committee, comprised of Kris Koch, Senior Manager - Special
Events Administration in Parks & Recreation Department, Audra Aja, Economic
Development & Housing Department's Marketing & Communication
Coordinator, and Denise Sanderson, Director of Economic Development &
Housing, met on November 20, 2020 to review and discuss the proposal. The
meeting was open to the public and representatives of AMPLIFY Clearwater
were in attendance.
The Selection Committee unanimously recommended AMPLIFY Clearwater
based on the following:
• Deemed by Procurement as a Responsible Bidder
• Demonstrated Experiences and References
• Overall Approach, including collaborations and partnerships
• Financial Plan
• Operations and Management Plan
Staff then negotiated the Management Agreement, including hours and days of
operation in Year 1 (February 1, 2021 through September 30, 2021) and
financial responsibility for certain utilities. Payment of electricity which is not
separately metered to the facility will continue to be the responsibility of the City.
All other utilities are to be the responsibility of AMPLIFY Clearwater.
AMPLIFY Clearwater will continue to act as a concierge service, providing
exceptional service and information to the visitors of Clearwater Beach as it has
for the past 18 years and will leverage partnerships and collaborations to
maximize value and visitor experience for the City of Clearwater.
Due to anticipated rising labor costs and still yet to be determined impacts to
tourism due to the Coronavirus pandemic, staff recommends approval of the
Management Agreement and the funding as follows:
• Year 1 (Fiscal Year (FY)21, partial) in the amount of$37,265 paid in
three (3) installments.
o February 1, 2021: $7,910
o April 1, 2021: $14,989
o July 1, 2021: $14,366
• Years 2-5 (FY22 through FY25) in an amount no less than $50,000 and
not to exceed $70,000 per fiscal year.
o The annual amount, number of hours, and days of operation are
to be determined annually through mutual written agreement
between the City's Economic Development & Housing Director
and the CEO or Designee of AMPLIFY Clearwater. Such
determination will be based on anticipated labor costs and
tourism activity and will be budgeted through the department's
annual budget process.
APPROPRIATION CODE AND AMOUNT:
Funding in the amount of$37,265 is budgeted in the FY21 Economic
Development budget (0109216-530300). Remaining term of the contract will be
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budgeted within the same.
USE OF RESERVE FUNDS:
N/A
In response to a concern, the City Manager said city partners understand
our desire for energy conservation, even though it is not memorialized in the
agreement. Regarding the solar panels on top of the visitor center, staff is
exploring those opportunities.
Discussion ensued with comments supporting the exploration of solar panels
on city facilities where it makes sense. Staff was directed to provide
information regarding the cost to install solar panels on top of the visitors
center, the number of panels that can be installed on the facility and the
estimated payback. It was stated that the solar panel installations allow for
one removal.
3. Gas System
3.1 Authorize the award of Invitation to Bid 10-21, Liquid Propane Gas Tanks to Quality Steel
Corporation of Cleveland, MS and Michel, LLC dba R.E. Michel Company LLC of Glen
Burnie, MD in the cumulative annual not-to-exceed amount of$250,000 for the initial term
of February 1, 2021 through January 31, 2022 with two one-year renewal options, and
authorize the appropriate officials to execute same. (consent)
Procurement issued Invitation to Bid (ITB) No. 10-21, Liquid Propane Gas
Tanks, for the supply of liquified propane gas tanks to serve Clearwater Gas
System (CGS) residential and commercial customers. On December 29,
2020, three responsive bids were received. Upon review, both Procurement
and CGS recommend awarding the bid as follows:
• Quality Steel Corporation for ASME Certified 120-gallon, 250-gallon, 500
-gallon and 1000-gallon LP propane tanks
• Michel LLC dba R.E. Michel Company LLC for DOT Certified 200-pound
and 420-pound LP propane tanks
To ensure a continuity of supply, flexibility to order product from either vendor as
a secondary source is included in this recommendation. In addition, CGS has
added a 20% contingency to the total bid price due to price fluctuations in
wholesale propane tank costs. Any increase above the per-item bid pricing
must be submitted to the City Procurement Division for review and approval, as
outlined in the Bid Specifications Milestones in ITB No. 10-21.
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All materials will be used in CGS's distribution network for new propane
accounts and when existing tanks are replaced as they reach the end of their
useful life.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in 423-141120
USE OF RESERVE FUNDS: N/A
In response to a suggestion, the City Manager said staff will look into
standardizing the bid tab format.
3.2 Approve changes to the Clearwater Gas System utility rates to become effective for all
gas bills and services rendered on or after March 1, 2021 and pass Ordinance 9433-21
on first reading.
Raftelis has completed a Natural Gas Rate Study for the Clearwater Gas
System (CGS). The Study includes a projection of CGS' financial position
through fiscal year 2025 and a cost of service analysis to evaluate the cost
responsibility for each of the various classes of customers served. Based on
the results of the Study, CGS' current revenues are adequate to fund the test
year revenue requirements. However, Raftelis has recommended a reduction
in commercial rates and an increase to residential single-family customers to
offset the commercial reduction.
Key recommendations in the Study and Ordinance are:
• Decrease the Commercial class distribution rate by $0.04 per therm.
• Increase the Residential Single-Family monthly customer charge by
$4.00.
• The net effect of these changes to the residential and commercial rates
is revenue neutral.
• Make changes to the propane (LP) annual customer charge rates,
consistent with the increase with natural gas monthly customer
charges.
• Make certain wording clarifications in our Ordinances to better reflect
operating policies and responsibilities.
• Increase the main/service line extension construction payback period
from 7 years to 10 years.
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The Rate Study shows the projected effect of these recommended rate
adjustments and will become CGS' basis for strategic goal setting.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
In response to questions, CGS Managing Director Chuck Warrington said
historically, publicly owned utilities have shifted the burden to the commercial
customers versus residential customers. Finance Director Jay Ravins said
the rate study consultant was asked to provide objective facts, CGS has
residential rates that are being subsidized by the commercial rate. The
proposed rate is a small step to address inequity. There will be another rate
study in two years and it will be reasonable to increase the residential rate by
$2.00 this year. He said CGS will be at minimum reserve levels in five years.
The rates can be adjusted after the next rate study. Mr. Ravins said the
language regarding tankless water heaters is intended to help residents by
keeping them in a more favorable usage class. Seventy-two percent of
revenues come from the commercial customers, while 48% comes from
residential customers.
Staff was directed to provide information regarding the impact of increasing
the residential rate by$2.00 and implementing the proposed reduction for
the commercial rate.
4. Parks and Recreation
4.1 Authorize the award of Invitation to Bid 05-21, Sod Material and Services to Quality Sod
and Landscaping Solutions of Tampa, Lira and Son Sod, Inc. of Lake Placid and Tom's
Sod Service, Inc. of Clearwater, FL for an annual amount not-to-exceed $300,000, with
the option for two, one-year renewal terms and authorize the appropriate officials to
execute same. (consent)
Invitation to Bid (ITB) 05-21, Sod Material and Services was issued on October
29,2020 with four submissions received on December 2, 2020. After full review,
Parks and Recreation is recommending award to provide sod and sod
installation services to three vendors as follows:
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1. Quality Sod & Landscape Solutions:
• Primary for Option 1 & 2 (installation included)
Types: Bahia, Tifway, 419 Bermuda, Latitude 36TM Bermuda,
Celebration Bermuda®, TifTufTm Bermuda, St. Augustine
Floratam, Scott's ProVista St. Augustine, Seashore Paspatum,
Empire Zoysia
• Primary for Option 3 (delivery only)
Type: Seashore Paspatum
2. Lira & Son Sod, Inc:
• Secondary for Options 1 and 2 (installation included)
Types: Bahia, Tifway 419 Bermuda, Latitude 36 TM Bermuda,
Celebration Bermuda®, TifTufTm Bermuda, St. Augustine
Floratam, Scott's ProVista St. Augustine, Empire Zoysia. Note-
Depending on the project size, may be used as the primary
vendor under Option 1 for Bahia.
• Secondary for Option 3 (delivery only)
Types: Bahia, Tifway 419 Bermuda, Latitude 36 TM Bermuda,
Celebration Bermuda®, TifTufTm Bermuda, St. Augustine
Floratam, Empire Zoysia
3. Toms Sod Service, Inc:
• Primary for Option 3 (delivery only)
Types: Bahia, Tifway 419 Bermuda, Latitude 36 TM Bermuda,
Celebration Bermuda®, TifTufTm Bermuda, St. Augustine
Floratam, Scott's ProVista St. Augustine, Empire Zoysia
These three vendors were the lowest responsive bidders in accordance with
the bid requirements. To ensure continuity of supply, staff is requesting
flexibility to use the secondary and tertiary source (if needed) for sod material
and services.
This contract will be used for various maintenance and capital improvement
projects in the Parks and Recreation Department, as well as city wide projects
as needed.
APPROPRIATION CODE AND AMOUNT:
Funding will come from a variety of general fund cost centers; primarily from
projects, parks and athletic codes, as well as various Capital Improvement
Project codes.
USE OF RESERVE FUNDS: N/A
In response to questions, the City Manager said the City provides
information that bidders evaluate and provide a bid. Staff does not spend a
lot of time on why a bid discrepancy exists. The City Attorney said bidders
must provide evidence of insurance and prove that that they use eVerify.
Parks and Recreation Director Jim Halios said bidders have an opportunity
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to raise questions prior to submitting bids. Staff will select the lowest price
vendor first and them move down the list. The public golf courses typically
receive a better price for sod due to the needed square footage.
4.2 Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida
and the City of Clearwater through August 23, 2021 for the City to utilize Pinellas County
School buses at a cost of$1.50 per mile plus $31.00 per hour, for a total estimated cost
of$20,000, and authorize the appropriate officials to execute same. (consent)
The Parks and Recreation Department organizes field trips requiring bus
transportation for participants.
The Pinellas County School System allows municipalities to utilize their fleet of
buses and drivers for$1.50 per mile plus $31.00 per hour for driver with a
five-hour booking minimum.
During the summer of 2021, the department will organize approximately 150
field trips that may utilize school bus transportation.
Comparing a sampling cost of school buses for these trips against the use of
private bus lines indicates school buses are generally a less costly mode of
transportation.
Approval of this Agreement will provide staff with a larger number of options
when determining the most cost- effective source of transportation for
participants.
The Agreement is similar to agreements between the Pinellas County School
Board and other Pinellas County municipalities that utilize school bus
transportation.
This item supports the City's Strategic Plan by partnering with other public
organizations to be more efficient in providing services and programs to the
youth of our community.
APPROPRIATION CODE AND AMOUNT:
Funds are available in various account codes in the Recreation Programming
Division's Operating Budget to cover the costs associated with this Agreement.
USE OF RESERVE FUNDS: N/A
In response to a question, Parks and Recreation Division Manager Sandy
Clayton said the Department is planning to reduce the number of kids the
program serves, which will impact the number of buses.
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5. Police Department
5.1 Approve a proposal by Construction Manager at Risk Biltmore Construction Company,
Inc., of Belleair, Florida per Continuing Contracts RFQ 40-20, in the amount not to exceed
$962,973.00 for the design, fabrication, and installation of Troy System acoustical panels
at the District Three Operations and Training Center located at 2851 McMullen Booth
Road and authorize the appropriate officials to execute same. (consent)
On September 17, 2020, Council approved the use of Construction Manager at
Risk (CMAR) Services for Continuing Contracts per RFQ 40-20, to thirteen
firms with Biltmore Construction Company, Inc., being one of the thirteen firms
selected.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 based upon construction experience, financial capability, availability of
qualified staff, local knowledge, and involvement in the community.
In 2017, the Police Department completed planned renovations to the existing
firearms training range, to include significant safety enhancements for both the
public and department employees. Subsequent to this project's completion,
the Police Department has received citizen complaints regarding the noise
emanating from the facility during training sessions. The department has made
efforts to ameliorate these noise concerns, but these actions have not abated
these community concerns.
This proposal includes the design, fabrication, and installation of Troy System
acoustical panels at this facility, which will encompass the entirety of the range
interior, as a means to more appropriately address the noise generated during
departmental training. Troy Acoustics is a leader in indoor/outdoor noise
control and acoustics and is utilized consistently by the United States Military
and other law enforcement agencies across the country. The Police
Department intends to include all the acoustic remediation outlined within the
proposal, but may eliminate the concrete enclosures, based upon training
requirements and need.
The anticipated pre-construction and construction period is estimated at 120
days but will need to be coordinated with another on-going project at the same
facility location.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital project P2102, Training
Range Sound Mitigation and provide a transfer of$820,000 of infrastructure
sales tax (Penny) revenues from capital improvement project 93530,
Consolidated Eastside/SPC Library, to fund this contract.
6. Engineering
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6.1 Ratify and confirm a Legal Services Agreement and Contract between the City of
Clearwater and Baker and Hostetler LLP, to serve as legal counsel on environmental
matters for a five-year period, in an amount not to exceed $100,000 and authorize the
appropriate officials to execute same. (consent)
Environmental Engineering has engaged Baker and Hostetler, LLP to serve as
legal counsel, aiding in addressing the environmental conditions at various city
properties. This is for the purpose of satisfying Florida Department of
Environmental Protection (FDEP) and U.S. Environmental Protection Agency
(EPA) regulations to ultimately achieve regulatory closure or compliance of
affected city properties or permits.
The five-year agreement term is from 7/1/2020 to 6/30/2025.
These environmental legal services may also be used by other city departments
and appropriately funded by various projects.
APPROPRIATION CODE AND AMOUNT:
Funds are available in various Capital Projects as needed to fund this contract.
6.2 Approve a professional services agreement and work order with Advanced Engineering
and Design, Incorporated, of Pinellas Park, Florida, per Request for Qualifications (RFQ)
29-20 for Nash Street and Old Clearwater Bay Improvements (19-0032-EN) in the
amount of$545,789.01 and authorize the appropriate officials to execute same.
(consent)
February 2020, RFQ 29-20 was issued seeking an engineering firm to design
improvements for Nash Street and Old Clearwater Bay.
The RFQ selection committee, consisting of four representatives from the
Engineering, Public Utilities and Stormwater Maintenance departments,
reviewed eight submitted qualifications. The committee selected Advanced
Engineering and Design to design the improvements to Nash Street and Old
Clearwater Bay based on the broad amount of relevant experience designing
similar projects.
The existing stormwater infrastructure in the Old Clearwater Bay and Nash
Street neighborhoods is undersized and surcharges onto private property. Upon
investigation, the water & wastewater collection systems are also nearing the
end of their useful lifespan.
The project will consist of replacing and or improving the potable water,
wastewater, stormwater systems, and reconstruction of the roadway, providing
reliable infrastructure for many years.
Anticipated services include, but are not limited to, design development, cost
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estimating, construction drawings, specifications, bid documents, as-needed
permit acquisition and limited post-design construction services through the
duration of the project.
This project will be solicited using two separate construction contracts. Design
of the Gulf to Bay Estates neighborhood (referred to as Nash St.) will begin
immediately. Design of the Old Clearwater Bay neighborhood is anticipated to
begin Summer 2021. Construction is anticipated to start in spring of 2022.
APPROPRIATION CODE AND AMOUNT:
ENST180005-DSGN-PROSVC $164,738.73
ENST180006-DSGN-PROSVC $246,172.28
3217321-530100-96212 $86,275.25
3217321-530100-96783 $41,194.25
3217321-530100-96739 $ 7,408.50
Funds are available in capital improvement projects in amounts of$164,738.73
in ENST180005, Coastal Basins; $246,172.28 in ENST180006, Alligator Creek;
$86,275.25 in 96212, Sanitary Sewer Upgrades; $41,194.25 in 96783, Water
System Upgrades; and $7,408.50 in 96739, Reclaimed Water Distribution
System, to fund this work order.
6.3 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a
Duke Energy, for the installation, operation and maintenance of electric facilities to
support Duke's new transformer at State Street Park and authorize the appropriate
officials to execute same. (consent)
Parks and Recreation is installing an irrigation controller and new lighting on
a sign at State Street Park which requires Duke to install a new
transformer. The proposed easement will provide Duke Energy with the
property rights necessary to construct and maintain its electric equipment
within the easement. The Engineering Department supports conveyance of
the Distribution Easement.
Mayor Hibbard declared a voting conflict for Items 6.4 and 6.5 due to a personal business
relationship.
Mayor Hibbard departed Chamber at 10: 15 a.m.
6.4 Accept a temporary easement from Crum Properties II, LLC to the City of Clearwater for
ingress-egress access to certain real property located at 100 S. Missouri Avenue
(Property), and for purposes of completing Ground-Truthing and Verification therein.
(consent)
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In February and March of 2020, a partial ground penetrating radar survey
indicated that intact burials may be present on the Property. The intact burials
could potentially be unmarked graves associated with the St Matthew's Baptist
Church Cemetery that once existed on the property. The City seeks to verify if
there are burial remains through minimally invasive archaeological excavation,
known more specifically as ground truthing. The temporary easement will allow
the City ingress-egress access to the property and allow, Cardno Inc., as the
City's consultant, to perform ground truthing activities on the property.
Staff recommends approval of the temporary easement.
6.5 Approve an appropriation of General Fund reserves and a Work Order to Engineer of
Record Cardno, Inc., in an amount not to exceed $87,888, to complete archeological
excavation at the Crum property, the former site of St. Matthew's Baptist Church
Cemetery, and authorize the appropriate officials to execute same. (consent)
The St. Matthew's Baptist Church Cemetery, an African American cemetery
dating to the early 1900s, was once located along Missouri Avenue, near
Cleveland Street. The cemetery operated at the property until the 1940s.
According to records from the time, the cemetery had become inadequate and
the City of Clearwater Council established a new African American burial site at
the North Greenwood Cemetery. All burials ceased at the property after the
establishment of the North Greenwood Cemetery.
St. Matthew's Church sold the property to developers in 1955. The site was
developed in the 1960s. Construction at the site has included a department
store and the City Annex. The site was later developed into its current state.
With the recent rediscovery of lost African American cemeteries throughout the
region, local community leaders called for confirmation that burials were
properly relocated prior to redevelopment. Community groups and Crum
Staffing partnered to hire archeologists from the University of South Florida
(USF) to review available historical records and complete Ground Penetrating
Radar (GPR) surveys of the site.
Historical records review and GPR surveys identified areas of the former
cemetery that show potential active burials. Crum Staffing contacted the City to
discuss the findings. City Engineering staff asked Cardno to prepare a work
plan to complete archaeological excavation and ground truthing to confirm these
findings.
The scope of work includes mobilization, delineation of possible grave shafts,
archaeological excavation of identified shafts, laboratory analysis, GIS mapping,
and report preparation. This effort is to verify a possible burial identified in
previous GRP work, the second step in a multi-phase process of developing an
appropriate cemetery management plan.
Utility clearance, required notification, contractor coordination, and field work will
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require approximately 45-days to complete.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will provide a transfer of$87,888 from
General Fund reserves to General Fund Non-Departmental cost code
0107010-530100, professional services, to fund this work order.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$87,888 to cost code
0107010-530100, professional services. Inclusive of this item if approved, a net
total of$1,696,540 of General Fund reserves has been appropriated by Council
to fund expenditures in the 2020/21 operating budget. The remaining balance in
General Fund reserves after the 8.5% reserve is approximately $34.1 million, or
22.4% of the current General Fund operating budget.
In response to questions, the City Manager said the item before Council is
for the ground truthing and will not impact Missouri Avenue. Senior
Environmental Specialist Joe DeCicco said the consultants will go to areas to
cause the least disturbance and conduct a preliminary verification.
In response to a concern, the City Manager said the consultants have used
information cited in research conducted by USF. The City Attorney said the
city council at the time did not do the relocations on this site and did not pay
for the interments to be relocated. Records reflect that the City established a
new cemetery in North Greenwood and at some point there was an
expansion of the road.
Mayor Hibbard returned to Chambers at 10:18 a.m.
6.6 Approve staff request to vacate an alley located within the Clearwater Gas Complex at
777 Maple Street, described as, All of the platted alley lying within Block 10 of Jones
Subdivision of Nicholson Addition to Clearwater Blocks 7, 8, 9 and 10, as recorded in
Plat Book 4, Page 82, of the Public Records of Hillsborough County, which Pinellas
County was once part, and pass Ordinance 9434-21 on first reading.
City staff recommends the alley vacation within the Clearwater Gas Complex.
Said alley is not necessary for municipal use and it is deemed to be in the best
interest of the City and the general public that the same be vacated.
7. Planning
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7.1 Approve a Future Land Use Map Amendment from the Residential Suburban (RS)
category to the Residential Urban (RU) category for 2250 Nursery Road and pass
Ordinance 9427-21 on first reading. (LUP2020-10002)
This Future Land Use Map amendment involves a 0.875-acre property on the
north side of Nursery Road approximately 645 feet east of Belcher Road. The
parcel is currently owned by Larry L. and Gladys N. Hilkert, as trustees under
the trust dated the 30th day of August, 2005. The applicant is requesting to
amend the future land use designation from Residential Suburban (RS) to
Residential Urban (RU). The applicant has submitted a Zoning Atlas
amendment, which is being processed concurrently with this case (see
REZ2020-10002).
The property is currently a residential use and includes two buildings which
were annexed into the City in 1999 as two residential units. Although the
applicant has indicated that three attached dwelling units and one detached
dwelling unit are located on the site, staff has reviewed building permit records
and determined that only two of the units were permitted. The current future
land use designation of Residential Suburban (RS) allows for a maximum
density of 2.5 dwelling units per acre. The proposed Residential Urban (RU)
category primarily allows urban low density residential and residential equivalent
uses at a maximum density of 7.5 dwelling units per acre. There would be an
increase in development potential of four units, from two units to six, under this
proposed amendment. The requested amendment would allow the property to
become conforming in terms of density and could allow the property owner to
request redevelopment as attached dwellings in the future through the
Residential Infill Project use. There has been no site development application
submitted at this time.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment is consistent with the provisions of the
Clearwater Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
• The proposed amendment is compatible with the surrounding properties
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use of
property in the immediate area.
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Council Work Session Meeting Minutes February 1, 2021
The underlying Countywide Plan Map category of Residential Low Medium
(RLM) on the proposed amendment area is consistent with the proposed City of
Clearwater future land use designation of Residential Urban (RU); therefore, no
amendment is required to the Countywide Plan Map. The application is a
small-scale amendment so review and approval by the Florida Department of
Economic Opportunity is not required.
The Community Development Board reviewed this application at its December
15, 2020 public hearing and made a unanimous recommendation of approval to
the Council.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
In response to questions, Planning and Development Director Gina Clayton
said there are two electric meters on the site. The applicant has expressed a
desire to demolish the structure and build new townhomes, the applicant has
not submitted any plans detailing that work. She said there is a lot of dense
vegetation along the fence line. The code does not cite a specific buffer
between residentially zoned properties, the applicant will be required to meet
the setback requirements. Based on staffs discussions with the applicant, a
CDB hearing will be required. Ms. Clayton said two years ago the City
adopted a lien foreclosure program. Prior to that, staff did not have a
mechanism to deal with code enforcement cases with large liens. She said
the property ownership changed hands to a trust and Pinellas County
misfiled the ownership information.
7.2 Approve a Zoning Atlas amendment from the Low Density Residential (LDR) District to
the Medium Density Residential (MDR) District for 2250 Nursery Road and pass
Ordinance 9428-21 on first reading. (REZ2020-10002)
This Zoning Atlas amendment involves a 0.875-acre property on the north side
of Nursery Road approximately 645 feet east of Belcher Road. The parcel is
currently owned by Larry L. and Gladys Hilkert, as trustees under the trust dated
the 30th day of August, 2005. The applicant is requesting to rezone the property
from the Low Density Residential (LDR) District to the Medium Density
Residential (MDR) District. The applicant has submitted a Future Land Use Map
amendment, which is being processed concurrently with this case (see
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Council Work Session Meeting Minutes February 1, 2021
LUP2020-10002).
The property is currently a residential use and includes two buildings which
were annexed into the City in 1999 as two residential units. Although the
applicant has indicated that three attached dwelling units and one detached
dwelling unit are located on the site, staff has reviewed building permit records
and determined that only two of the units were permitted. The proposed Medium
Density Residential (MDR) District is compatible with the surrounding zoning
districts and single family and multi-family uses that exist in the vicinity of the
subject property. The requested amendment could allow the property owner to
request redevelopment as attached dwellings in the future through the
Residential Infill Project use. There has been no site development application
submitted at this time.
The Planning and Development Department has determined that the proposed
Zoning Atlas amendment is consistent with the Clearwater Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding property
properties and character of the neighborhood.
• The available uses in the Medium Density Residential (MDR) District are
compatible with the surrounding area.
• The proposed amendment will not adversely or unreasonably affect the
use of other property in the area.
• The proposed amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner; and
• The proposed Medium Density Residential (MDR) District boundaries
are appropriately drawn in regard to location and classification of streets,
ownership lines, existing improvements, and the natural environment.
The Community Development Board reviewed this application at its December
15, 2020 public hearing and made a unanimous recommendation of approval to
the Council.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
8. Solid Waste
8.1 Authorize the award of Invitation to Bid No. 11-21, Vehicle Upfitting Services, to
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Council Work Session Meeting Minutes February 1, 2021
Enforcement One, Inc. of Oldsmar, FL, in an annual not-to-exceed amount of$250,000.00
for a period of one year, to include two one-year renewal terms at the City's option, and
authorize the appropriate officials to execute same. (consent)
Procurement issued Invitation to Bid (ITB) No. 11-21 in November 2020 for
Vehicle Upfitting Services. Upfit services consist of fabrication and/or installation
of various equipment and accessories in City vehicles. These items include, but
are not limited to; lighting, consoles, controllers, brackets, outlets, tool holders,
pipe racks, pipe tie-down systems, water cooler holders, and vise grips. On
December 17, 2020, one responsive responsible bid was received. Upon
review, both Procurement and the Fleet Division recommend awarding the bid
to Enforcement One.
The primary use of this contract is for new vehicle upfits, with the occasional
existing fleet vehicles requiring modifications. The contract will be utilized
citywide on an as-needed basis by all departments except for the Clearwater
Police Department who have a separate upfitting contract with Enforcement
One, awarded as a result of ITB No. 47-19.
Each department will be responsible to budget the funds necessary for their
upfitting annually based on new vehicle purchases authorized each year.
APPROPRIATION CODE AND AMOUNT:
Departments with authorized vehicle purchases have funds budgeted for
upfitting services.
9. Official Records and Legislative Services
9.1 Appoint one member to the Nuisance Abatement Board to fill the remainder of an
unexpired term through August 31, 2023.
APPOINTMENT WORKSHEET
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 1
Purpose: The Nuisance Abatement Board will be composed of seven city
residents who will conduct hearings on public nuisance cases associated with
prostitution and drug-related activities on known properties throughout the City.
THE FOLLOWING BOARD MEMBER HAS RESIGNED AND NOW REQUIRES
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Council Work Session Meeting Minutes February 1, 2021
REPLACEMENT BY A NEW APPOINTEE:
1. Greg A. Brown - 1424 Barry St., 33756 - Production/Tour Mgr.
Original appointment: 7/18/19
(was serving 1st term until 8/31/23)
Resigned. 12/11/20
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Jacqueline A. Sandefur - 830 S. Gulfview Blvd., Unit 201, 33767 - HR Manager
2. Frank Persechino - 628 Cleveland St., Apt. 1502, 33755 - Medical Research
Business Owner
Zip codes of current members:
1 at 33755
4 at 33756
1 at 33759
Current Categories:
Analyst
Attorney
Clinical Social Worker
Human Resources Mgr.
Restaurant Owner
Self-Employed/Dyvine Appointments LLC
There was council consensus to appoint Frank Pereschino. Staff was directed
to place the item on the Consent Agenda.
10. Legal
10.1Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-05.
10.2Adopt Ordinance 9425-21 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to change the land use for certain real properties
whose post office addresses are 1280 Lakeview Road and 1298 Lakeview Road, all
within Clearwater, Florida 33756, from Residential Medium (RM) and Residential Urban
(RU) to Residential Low Medium (RLM).
10.3Adopt Ordinance 9426-21 on second reading, amending the Zoning Atlas of the city by
rezoning certain real properties whose post office addresses are 1280 Lakeview Road
and 1298 Lakeview Road, all within Clearwater, Florida 33756, from Medium Density
Residential (MDR) to Mobile Home Park (MHP).
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10.4Continue second reading of Ordinance 9427-21 to February 18, 2021 amending the
future land use plan element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 2250 Nursery Road,
Clearwater, Florida 33764 from Residential Suburban (RS) to Residential Urban (RU).
10.5Continue second reading of Ordinance 9428-21 to February 18, 2021, amending the
Zoning Atlas of the city to rezone certain real property whose post office address is 2250
Nursery Road, Clearwater, Florida 33764 from Low Density Residential (RL) to Medium
Density Residential (RM).
10.6Ordinance 9435-21 was denied on first reading and will not be heard on second reading.
11. City Manager Verbal Reports
11.1 Mandalay Channel Update
Marine and Aviation Director Ed Chesney said Council directed staff in
November to investigate the bottom lands and water quality underneath the
boats moored in Mandalay Channel, between the Clearwater Beach
Recreation Center and Island Estates. A dive team tested three identified
areas on December 16, 2020. Clay buoys were dropped in the channel in
the three locations. Two water samples were taken at each location, one
sample at about midway down and one sample at the channel floor to
include some of the organic material on the bottom. The samples were sent
for testing and the results came back with very low Colony Forming Units
(CFU). Mr. Chesney said he spoke to a representative of the Healthy Beach
program in Tallahassee, the number indicates no red flags. He said numbers
in the 400's would be considered high. The samples came back with CFU
numbers in the teens. The water quality is good in Mandalay
Channel. There was no notable debris found on the bottom of the channel,
just a white plastic chair and a wooden oar. There is no evidence of a spill or
continued release from a vessel.
In response to questions, Mr. Chesney said there was no evidence of
mooring concrete, he said it could be seen where the boats have anchored
but the dive team did not consider it to be debris. The testing sites were
located in the mooring community, one on the north side of the mooring
community, one in the middle, and one to the south. That area is a good
representation of the water moving with the tide. He said the divers could
not dive under boats without consent. Mr. Chesney said he was on the boat
during the exercise and could see the diver and his tether, the water quality
wasn't great but you could see. The day of the testing was selected by the
dive team because of the weather that day.
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Council Work Session Meeting Minutes February 1, 2021
Comment was made that it was a good exercise and worthy of the
investigation, the City now has a baseline.
12. City Attorney Verbal Reports — None.
13. 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).
Mayor Hibbard said he invited Principal Materides to provide an update on
the construction at Clearwater High.
14. Closing Comments by Mayor— None.
15. Adjourn
The meeting adjourned at 11:00 a.m.
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City of Clearwater