10/18/2021 Council Work Session Meeting Minutes October 18, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Monday, October 18, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
Page 1
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember
David Allbritton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: Micah Maxwell — Interim City Manager, Michael Delk—Assistant City
Manager, Pamela K. Akin - City Attorney, and Rosemarie Call — City
Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Hibbard
The meeting was called to order at 9:05 a.m.
2. Parks and Recreation
2.1 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas
Park, Florida in the amount of$116,195.46 for the demolition and replacement of the
existing deck at the Clearwater Beach Recreation Center located at 69 Bay Esplanade
and authorize the appropriate officials to execute same. (consent)
On September 17, 2020, Council approved the award of RFQ 40-20,
Construction Manager at Risk (CMAR) Services for Continuing Contracts to
thirteen firms with Khors Construction, Inc., being one of the thirteen firms
selected.
The Clearwater Beach Recreation Center provides recreational opportunities for
residents and visitors of Clearwater. The outdoor deck attached to the Center
offers waterfront views of the surrounding intercoastal waterway and is a
frequented venue for special events such as receptions and weddings. The
current condition of the deck both structurally and in appearance requires
extensive renovations.
This proposal includes the removal of the existing deck and the design/build of a
new deck. The design will incorporate additional structural components that will
make the deck and railings stronger.
Page 2
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
This is a 90-day contract which will begin in June 2022 and will be completed by
September 2022.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CIP 93604 "Boardwalk & Docks Repair& Replacement"
to fund this contract.
USE OF RESERVE FUNDS:
N/A
In response to a question, Parks and Recreation Director Jim Halios said the
proposed deck is made of composite lumber.
It was suggested that staff consider using a stainless-steel cable for the
railing.
2.2 Approve acceptance of Tampa Bay Regional Planning Council Stormwater Outreach and
Education Grant Award in the amount of$9,100 for Anti-Littering Campaign marketing
materials and vehicle wraps and authorize the appropriate officials to execute same.
(consent)
The Clearwater Parks and Recreation Department was granted approval by the
Resource Management Committee to submit a grant application under the
Tampa Bay Regional Planning Council's Stormwater Outreach and Education
program for Fiscal Year 2021-2022 funding as provided by the Florida
Department of Transportation. The grant has been officially awarded in the
amount of$9,100, and the department now seeks approval to accept it.
The Parks and Recreation Department intends to utilize the awarded funding to
enhance marketing materials aimed at spreading awareness of environmental
stewardship, anti-littering campaigns, and civic initiatives offered through the
City's Volunteer Program, including the installation of vehicle wraps on select
Parks and Recreation vehicles.
The project period will commence upon approval by Council and will end on or
before September 30, 2022.
The grant funding is awarded on a reimbursement basis, and there will be no
direct adverse impact to the Parks and Recreation Department operating
budget nor is there a required match.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CIP 93635 "Park Amenity Purchase, Repair &
Replacement" to fund the project and will be utilized to track grant expenditures
which are reimbursed.
Page 3
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
In response to questions, Recreation Specialist Sam Moullet said the wraps
last approximately 3 to 5 years. The design concept will be
coordinated through community engagement and youth picture contest. She
said staff anticipates having the engagement sessions and contest
completed by September 30, 2022.
3. Engineering
3.1 Approve a work order to Halff Associates, Inc. of Tampa, FL for the design of utility
relocations associated with Lakeview at Keene Drainage Rd. Improvements, project
20-0038-UT, in the amount of$132,361.00 pursuant to Request for Qualifications (RFQ)
26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate
officials to execute same. (consent)
Pinellas County intends to improve drainage along Lakeview Road from
Woodcrest Avenue to Brookside Drive. Construction will require the relocation
of city potable water, reclaimed water, and sanitary sewer facilities that conflict
with the proposed drainage modifications.
Pinellas County will receive competitive bids for its project and award to the low
bidder. The City will be advised of the actual contract bid costs and be given the
opportunity to reject the bid if they are deemed excessive.
On June 20, 2019, Council awarded RFQ 26-19, Engineer of Record Consulting
Services and Halff Associates, Inc. (formerly Genesis Halff Inc.) was one of the
awarded firms. The work order from Halff Associates, Inc. is for design and
permitting of the City of Clearwater's utility relocations.
EOR construction services will be included in a future city council item along
with the contractor's bid and Joint Project Agreement with the County.
APPROPRIATION CODE AND AMOUNT:
3277327-530100-96634 $66,180.50
3277327-530100-96722 $66,180.50
Funds are available in Utility Renewal and Replacement projects in amounts of
$66,180.50, from 96634, Sanitary Utility Relocation and $66,180.50, from 96721,
Line Relocation-Main, to fund the work order.
In response to a concern, Engineering Manager Jeremy Brown said the
County is installing stormwater and the City's facilities need to be moved
since they in the County's right-of-way. The Notice to Proceed will be issued
when City Council approves the agenda item. He said the number of
conflicts will not be known until the County has reached the 60% design
phase.
Page 4
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
3.2 Approve a proposal from Biltmore Construction Co., Inc, of Belleair, FL for the 2021
Bridges Repair Project (20-0027-EN) in an amount of$3,900,259.00 pursuant to
Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing
Contracts 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.
The Engineering Department is responsible for inspection and maintenance of
26 vehicular and pedestrian bridges. Inspections are completed every two
years. Based on bridge inspection reports provided by Engineer of Record
(EOR) Biller Reinhart Engineering Group and the Florida Department of
Transportation (FDOT), 14 bridges require preventative maintenance.
On September 17, 2020, City Council approved a $161,150.00 work order to
Biller Reinhart for design of bridge restoration and repairs based on the bridge
inspection reports. This work order provided design and construction
engineering services for the bridge maintenance project, including periodic
construction inspection.
The intent of this project is to perform repairs to fourteen of the City's bridges.
This periodic maintenance project maximizes service life of those structures.
Repair work will take 13 months to complete.
APPROPRIATION CODE AND AMOUNT:
ENRD180002-CONS-CNSTRC $3,900,259.00
Funds are available in capital improvement project ENRD180002, Bridge
Maintenance & Improvements, to fund the proposal.
In response to questions, Engineering Manager Roger Johnson said the
Courtney Campbell Causeway is a DOT bridge. The three Island Estates
bridges underwent minor repairs in 2013 and have not met the threshold to
be replaced. Mr. Johnson said the City will respond if signs of rapid
degradation are identified with any of the bridges the City
maintains. Engineering Director Tara Kivett a portion of the work on the
Mandalay Channel includes repairing the City's sea wall. The project is on
the north side of the bridge, near the fishing pier.
Staff was directed to provide the total feet of sea wall the City maintains.
Page 5
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
4. Fire Department
4.1 Approve a renewable 5-year term Interlocal Agreement between Pinellas County
Government and City of Clearwater to provide Ross Norton Recreational Complex as a
Public Disaster Shelter during times of emergency and authorize the Clearwater
Emergency Manager to execute same. (consent)
On October 11, 2006, Pinellas County and the City of Clearwater entered into a
5-year renewable Interlocal Agreement to provide facilities and necessary
personnel to assist before, during, and following a disaster. The City of
Clearwater's Ross Norton Parks & Recreation complex is the agreed upon
facility to be used as a disaster shelter.
The current 5-year renewable term of the Agreement expired October 11, 2021.
The County's Emergency Management Department desires to continue the
Agreement with the City. Section 1 of the Agreement requires written
confirmation by both parties to renew for another five-year term. The renewal
letter to be executed by the City's Emergency Manager will confirm the City's
desire to continue the Agreement for the term from October 11, 2021 and
ending October 10, 2026.
APPROPRIATION CODE AND AMOUNT:
NA
USE OF RESERVE FUNDS:
NA
5. Planning
5.1 Approve amendments to the Clearwater Community Development Code Chapter 51,
Flood Damage Prevention, to allow for the use of best available data when establishing
flood hazard areas, including Pinellas County's Vulnerability Assessment (2021), to
address accessory structures used for parking and storage, to modify provisions for
manufactured homes, to modify or delete various definitions, and to make other
administrative amendments and pass Ordinance 9508-21 on first reading.
(TA2021-08003)
The City manages and regulates activities and development in its floodplains
through provisions in Community Development Code Chapter 51. Flood
Damage Prevention, the City's Floodplain Management Ordinance, which was
repealed and replaced with new regulations in 2018. Planning and
Development, working closely with Engineering, has prepared Ordinance
9508-21, proposing amendments to the Floodplain Management Ordinance to
Page 6
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
address changes to the FEMA Flood Insurance Rate Map (FIRM) and
Community Rating System (CRS), in addition to making other administrative
changes.
The new FIRM was automatically adopted on August 24, 2021, and the effective
FIRM includes a significant decrease in base flood elevation (BFE) on
Clearwater Beach, Sand Key, and Island Estates. Engineering Department staff
and the Pinellas County Floodplain Administrator provided information about
Pinellas County's Sea Level Rise and Storm Surge Vulnerability Assessment
[also known as the RESTORE Act Vulnerability Assessment (2021)], to City
Council at its August 30, 2021 Work Session. The County's Vulnerability
Assessment utilizes additional and newer data, and projects that flood levels will
not decrease as is suggested by the new FIRM and therefore the BFE should
not be reduced in these areas. The proposed amendments would adopt the
Vulnerability Assessment by reference and allow the City to utilize it to establish
the flood hazard area and applicable BFE where it is more restrictive than the
FIRM (i.e., for properties on Clearwater Beach, Sand Key, and Island Estates).
Also, this year the Community Rating System 2021 Update was released which
implements a Class 8 prerequisite to require manufactured homes to be
elevated the same as other residential properties. All manufactured homes that
are placed, replaced, or substantially improved in the Special Flood Hazard
Area shall be elevated to at least the elevation required in the Florida Building
Code, Residential Section. This means manufactured homes need to be
elevated to the BFE plus 2 feet of freeboard. The proposed ordinance
addresses this CRS prerequisite.
Staff is also proposing several amendments identified by FEMA and the Florida
Department of Emergency Management which were suggested for consistency
with model ordinance language as well as other administrative amendments,
including standards for accessory uses below BFE, modifying certain
definitions and updating terminology.
The Planning & Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
further the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) will consider the proposed amendments at its
regularly scheduled meeting on October 19, 2021, and the Planning and
Development Department will report its recommendation at the October 21,
2021 City Council meeting.
APPROPRIATION CODE AND AMOUNT: N/A
Page 7
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
USE OF RESERVE FUNDS: N/A
In response to questions, Lead Environmental Specialist Sarah Kessler said
the Bayside Waters Mobile Home Park has a mixture of rentals and some lot
ownerships. The base BFE in the beach area came down with the FEMA
FRM. She said FEMA defines substantial improvements as a 50%
improvement of the depreciated value of the structure. The mobile home
parks are not in ideal locations and are not safe places to be in the event of a
storm. On the south end, the Bay Aristocrat is completely surrounded by sea
wall, the wave impacts during a higher rated storm will be substantial through
the mobile home park since there is no natural coastline or mangroves to
buffer the waves. Ms. Kessler said the FRM ratings on the Tampa Bay side
shows the risk at which those properties are accurately.
Staff was directed to provide the cost savings if the City's CRS rating goes to
3.
5.2 Continue to a date uncertain: Approve the annexation, initial Future Land Use Map
designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 2322 Anna Avenue, and pass Ordinances
9503-21, 9504-21, and 9505-21 on first reading. (ANX2021-08014)
This voluntary annexation petition involves a 0.180-acre property consisting of
one parcel of land occupied by a single-family dwelling. The property is located
on the north side of Anna Avenue approximately 1,150 feet north of Drew Street.
The applicant is requesting annexation in order to receive sanitary sewer and
solid waste service from the City. The property is located in an enclave and is
contiguous to existing city boundaries to the north and east. It is proposed that
the property be assigned a Future Land Use Map designation of Residential Low
(RL) and a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Sharkey Road
right-of-way to the north of the subject property. The applicant is aware
that the City's sewer impact and assessment fees must be paid in full
prior to connection and of the additional costs to extend City sewer
service to this property. Collection of solid waste will be provided by the
City of Clearwater. The property is located within Police District III and
service will be administered through the district headquarters located at
Page 8
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
2851 McMullen Booth Road. Fire and emergency medical services will
be provided to this property by Station #48 located at 1700 North Belcher
Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The property
will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 5 units
per acre. The proposed zoning district to be assigned to the property is
the Low Medium Density Residential (LMDR) District. The use of the
subject property is consistent with the uses allowed in the District and
the property exceeds the District's minimum dimensional requirements.
The proposed annexation is therefore consistent with the Countywide
Plan and the City's Comprehensive Plan and Community Development
Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north and east; therefore, the annexation is consistent
with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Planning and Development Assistant Director Lauren Matzke said staff is
requesting the item be continued to a date uncertain because there has been
a change in ownership since the original application was received.
6. Solid Waste
Page 9
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
6.1 Approve a purchase order to Communications International of Vero Beach, FL for the
maintenance and repair of the citywide two-way radio communication system and
equipment in the amount of$165,564.00 for term October 1, 2021 through September
30, 2022 pursuant to Clearwater Code of Ordinances Section 2.563(1) (a), Single
Source, and authorize the appropriate officials to execute same. (consent)
Communications International is the authorized L3Harris Channel Partner
assigned to the City. This is a renewal to the existing annual maintenance
agreement and authorizes Communications International to provide preventive
maintenance, repair and/or replacement, demand, and emergency services on
all of the City's owned two-way radios and terminals used by Clearwater Police
Department, Solid Waste & Recycling, Clearwater Gas System, and other city
departments.
The term of this annual maintenance agreement is for one year, October 1,
2021 through September 30, 2022.
APPROPRIATION CODE AND AMOUNT:
5666620-530300 $165,564.00
These funds are available in the operating expense of the Radio Shop as
budgeted in Fiscal Year 2021/22.
In response to questions, Solid Waste Director Earl Gloster said the contract
is nearing the end of its 20-year term. The hardware and radios have been
upgraded over the years. Communications International Branch Manager
Scott MacDonald said the radio system includes generator backups that will
continue working in the event of a disaster. During the last storm event,
AT&T's cell system was wiped out. He said the radio systems do not utilize
solar panels or batteries due to the cost associated with purchasing and
maintaining the batteries or locations that lack the needed solar array.
Generators typically have a 10-year lifespan and ROI. Mr. Gloster said the
City utilizes a third party vendor that charges other organizations that use the
City's radio system.
7. Legal
7.1 Approve a Legal Services Agreement with Unice Salzman Jensen for representation for
the Municipal Code Enforcement Board and authorize the appropriate officials to execute
same. (consent)
Andrew Salzman, Esq. has been representing the Municipal Code Enforcement
Board under an open-ended Legal Services Agreement since December 1,
Page 10
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
2000 at an hourly rate of$135.00 per hour. The hourly rate has not increased
since then.
It is now preferred to have agreements renewed at least every five years, even if
they are exempt from the bidding requirements of the Code of Ordinances.
The new agreement establishes an hourly rate of$175.00 per hour and a term
of five years.
This agreement is exempt from the bidding requirements under Section
2.563(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109700-530100, Professional Services, to
fund this contract.
7.2 Approve a Legal Services Agreement with Trask Daigneault, LLP for representation for
the Civil Service Board and authorize the appropriate officials to execute same. (consent)
The Civil Service Board does not currently have outside counsel to represent
them and the City Attorney's Office wishes to hire Trask Daigneault to do so.
This agreement is exempt from the bidding requirements under Section
2.563(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to
fund this contract.
In response to a question, the City Attorney said, in the past, the human
resources director would present the cases and the assigned city attorney
would advise when needed. Independence is needed so the city attorney
can represent Human Resources.
7.3 Adopt Ordinance 9507-21 on second reading, vacating public right-of-way described as
that certain portion of Rogers Street lying west of the east boundaries of lots 2 and 17,
Wm. Brown's Subdivision of Bayview, Florida, per map or plat thereof as recorded in plat
book 1, page 13, of the public records of Hillsborough County, Florida, of which Pinellas
County was formerly a part; and east of that portion of said Rogers Street vacated per
Resolution No.69-18 as recorded in Official Records Book 3095, Page 79, of the public
records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City
Page 11
City of Clearwater
Council Work Session Meeting Minutes October 18, 2021
Of Clearwater by deed recorded in Official Records Book 6302, Page 1729 of the public
records of Pinellas County, Florida.
8. City Manager Verbal Reports — None.
9. City Attorney Verbal Reports — None.
10. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Beckman requested discussion items regarding
encouraging citizen engagement during the state legislative session be
scheduled at a future work session. She requested a council discussion
regarding advisory board meetings and best practices be scheduled in
January.
In response to a suggestion regarding a DOT Drew Street presentation, the
City Clerk said a presentation is scheduled for the first work session in
November.
11. Closing Comments by Mayor— None.
12. Adjourn
The meeting adjourned at 9:57 a.m.
Page 12
City of Clearwater