12/02/2021 City Council Meeting Minutes December 2, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, December 2, 2021
6:00 PM
Main Library - Council Chambers
City Council
Page 1
City of Clearwater
City Council Meeting Minutes December 2, 2021
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember
David Allbritton, Councilmember Mark Bunker and Councilmember
Kathleen Beckman
Also Present: Jon Jennings — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, David Margolis -
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 6:00 p.m.
2. Invocation Pastor James Williams from Mount Olive AME Church
3. Pledge of Allegiance
4. Approval of Minutes
4.1 Approve the minutes of the November 18, 2021 City Council Meeting as submitted in
written summation by the City Clerk.
Vice Mayor Hamilton moved to approve the November 18, 2021 City
Council Meeting as submitted in written summation by the City Clerk.
The motion was duly seconded and carried unanimously.
5. Citizens to be heard re items not on the agenda
Erin O'Donnell requested consideration to not require residents who
leave the area for a period of time to shut off their water. She said that her
water bill is higher while she is away when it is only used to maintain the
pool.
Aaron Smith-Levin said he wanted to clarify his reason to run for
Clearwater City Council. Clearwater has a perception problem among
citizens, nationally and worldwide. Many believe that Scientology controls
the city and he would like to change that perception. Council knows that is
100% not true. Besides owning a lot of empty buildings, Scientology does
Page 2
City of Clearwater
City Council Meeting Minutes December 2, 2021
not have any power in the city, no one should be afraid to invest or live in
Clearwater.
Mr. Holuba expressed concerns with the Mayor's response to his email
regarding a Clearwater Police Officer's semi-nude photo. He expressed a
concern that the City Manager has not responded to his emails.
Lina Teixeira said the Big Clean Up Art Exhibit has been installed at
featured locations throughout the city, such as Clearwater High School,
Countryside Mall, and Opal Sands. She said a brochure will be published
soon that will list exhibit locations.
Jennifer Haithcock said she started a petition to address concerns she
experienced at Pinellas Safe Harbor and to require Pinellas County
employees receive empathy training.
6. Consent Agenda -Approved as submitted.
6.1 Approve the Term Sheet to modify the terms of an existing loan between the City of
Clearwater and Greenwood Apartments, LLC, and to facilitate a change in ownership,
debt repayment restructure, and substantial rehabilitation of Palmetto Park Apartments,
and authorize the appropriate officials to execute instruments required to affect closing of
the transfer of the property. (consent)
6.2 Approve a purchase order and agreement with Axon Enterprise, Inc. of Scottsdale, AZ,
for the purchase of in-car video equipment and digital evidence storage and
management in the amount of$187,200.00, for a five-year term ending December 31,
2026, pursuant to City Code of Ordinances Section 2.563 (1)(c), Piggyback, and
authorize the appropriate officials to execute same. (consent)
6.3 Authorize one Pierce Heavy Duty Velocity Pumper (engine) G#2611, previously
authorized to surplus, to temporarily remain in fleet reserve, and authorize the appropriate
officials to execute same. (consent)
6.4 Authorize a purchase order to Municipal Emergency Services (MES) of Pinellas Park,
FL, for Personal Protective Equipment for Clearwater Fire and Rescue (CFR) personnel
in an amount not-to-exceed $200,000.00 for term November 29, 2021 through June 30,
2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and
authorize the appropriate officials to execute same. (consent)
6.5 Authorize a purchase order to Ten-8 Fire and Equipment, Inc of Bradenton, FL for one
Osage Warrior Type I Rescue 2022 Ford F450 Extended Cab Chassis in the amount of
$219,850.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c),
Piggyback, and Section 2.563(1)(d), non-competitive purchase; authorize the surplus of
G3869 a 2010 Ford F650 pursuant to Clearwater Code of Ordinances Section 2.623 (7)
Page 3
City of Clearwater
City Council Meeting Minutes December 2, 2021
(c), public auction, or (e), trade-in, whichever is in the best interest of the City and
authorize the appropriate officials to execute same. (consent)
6.6 Ratify and confirm purchase orders to Garland/DBS, Inc., of Cleveland, OH, for roof
replacement at Fire Station 49 and the gymnasium roof at the Countryside Recreation
Center in a cumulative amount of$784,328.00, which includes a 5% contingency to
include Fix Points for Solar Ready Installation and any other unforeseen site conditions,
pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and
authorize the appropriate officials to execute same. (consent)
6.7 Approve a purchase order to Communications International of Vero Beach, FL in the
amount of$2,564,944.35 for the purchase of 283 XL-185P, 50 XL-200P portable radios
and 265 XL-185M mobile radios for the Clearwater Police Department (CPD), replacing
the current M7300 and P7300 radios pursuant to Clearwater Code of Ordinances
Section 2.563(1)(a), Single Source; authorize lease purchase under the City's Master
Lease Purchase Agreement or internal financing via an interfund loan from the Capital
Improvement Fund, whichever is deemed to be in the City's best interest; authorize the
surplus of L3Harris P7300 and M7300 radios pursuant to Clearwater Code of
Ordinances Section 2.623(7)(e), trade-in, and authorize the appropriate officials to
execute same. (consent)
6.8 Reappoint Marita Lynch to the Environmental Advisory Board with a term to expire
December 31, 2025. (consent)
6.9 Appoint Sheila Sullivan to the Environmental Advisory Board to fill the remainder of an
unexpired term through September 30, 2022. (consent)
Councilmember Allbritton moved to approve the Consent Agenda
as submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the request from the owner of property addressed as 300 Jones Street,
Clearwater to vacate a portion of North Osceola Avenue described as that certain portion
of North Osceola Avenue lying west of the west boundary of Block 2, Jones' Subdivision
of Nicholson's Addition to Clearwater Harbor 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 lying east of the east boundary of Block 1, of said Jones' Subdivision of
Nicholson's Addition to Clearwater Harbor, and lying east of the east boundary of a
portion of Lot B, Clovis C. Lutz Subdivision as recorded in Plat Book 35, Page 76, of the
Public Records of Pinellas County, Florida and pass Ordinance 9516-21 on first reading.
This remnant portion of North Osceola Avenue is 40 ft. wide and runs from
Page 4
City of Clearwater
City Council Meeting Minutes December 2, 2021
Jones Street approximately 105 ft. north, where it terminates.
In 2007, the City passed Ordinance 7769-07 which vacated the northern extent
of this right-of-way, up to Georgia Avenue. At that time the City was conveyed
land just to the east where the new portion of North Osceola Avenue was
constructed.
All abutting properties are owned by the same entity and the proposed
development will support this vacation. If vacated, this portion will be used as a
private drive for new development.
The City will reserve a drainage and utility easement to support existing and
future utilities.
City staff has reviewed this vacation request and has determined this
Right-of-Way is not necessary for city needs and would be in the best interest
of the City to be vacated and released.
Councilmember Beckman moved to approve the request from the
owner of property addressed as 300 Jones Street, Clearwater to
vacate a portion of North Osceola Avenue described as that certain
portion of North Osceola Avenue lying west of the west boundary of
Block 2, Jones' Subdivision of Nicholson's Addition to Clearwater
Harbor 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 lying east of the east boundary of Block 1, of
said Jones' Subdivision of Nicholson's Addition to Clearwater
Harbor, and lying east of the east boundary of a portion of Lot B,
Clovis C. Lutz Subdivision as recorded in Plat Book 35, Page 76, of
the Public Records of Pinellas County, Florida. The motion was duly
seconded and carried unanimously.
Ordinance 9516-21 was presented and read by title only. Vice Mayor
Hamilton moved to pass Ordinance 9516-21 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
7.2 Approve the request from the City of Clearwater vacating public right-of-way described as
that certain portion of State Street abutting Lot 11 and Lot 18 of E.A. Marshall
Subdivision as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas
County, Florida, and pass Ordinance 9517-21 on first reading.
This portion of State Street is a dead-end right-of-way that bisects State Street
Park. The City of Clearwater Parks and Recreation Department is requesting
Page 5
City of Clearwater
City Council Meeting Minutes December 2, 2021
this right-of-way be vacated to connect the two parts of State Street Park,
allowing installation of a fence, in hopes of eliminating illegal dumping taking
place regularly in this right-of-way.
The City will grant utility easements to the private utility companies to support
existing and future utilities over this 30 ft. strip of land.
City staff has reviewed this vacation request and has determined this
Right-of-Way is not necessary for city needs and is in the best interest of the
City to be vacated.
In response to a question, Engineering Director Tara Kivett said there will
be a combination of fencing and gates. The park will be open during the
day and closed after hours.
One individual spoke in support and requested that that the street be
closed permanently.
Staff was directed to confirm where the gates and fencing will be located.
Councilmember Allbritton moved to approve the request from the
City of Clearwater vacating public right-of-way described as that
certain portion of State Street abutting Lot 11 and Lot 18 of E.A.
Marshall Subdivision as recorded in Plat Book 3, Page 44 of the
Public Records of Pinellas County, Florida. The motion was duly
seconded and carried unanimously.
Ordinance 9517-21 was presented and read by title only.
Councilmember Beckman moved to pass Ordinance 9517-21 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
7.3 Approve the proposed second amendment to an existing Development Agreement
between the City of Clearwater and 411 ES, LLC, which provides for certain changes to
the conceptual site plan and elevations and increases the overall number of hotel units
and height proposed for the subject site; adopt Resolution 21-26 and authorize the
appropriate officials to execute same. (HDA2019-03001 B; 400/405/408/409/411 East
Shore Drive).
No changes have been made to the proposed second amendment to an
existing Development Agreement, as amended, presented at the November 18,
2021, City Council meeting.
Page 6
City of Clearwater
City Council Meeting Minutes December 2, 2021
The applicant is requesting a second amendment to the Development
Agreement with the following main changes:
• An increase in the overall number of hotel units from 74 to 91.
• An increase in height from 65 feet to 80 feet.
• An overall decrease in the number of slips from 55 to 50 slips; a
decrease in number of publicly accessible slips from 22 to eight and an
increase in the number of commercial dock slips from 35 to 42 slips.
• An increase in parking from 100 spaces to a minimum of 113 spaces.
The current proposal is to demolish all structures on the 1.115-acre site and
build a single, eight-floor hotel with 91 hotel rooms (81.64 units per acre) and a
marina and marina facility with up to eight-slips. The applicant desires the
ability and flexibility to be able to sell, rent or lease any or all of the eight noted
slips to the general public, which would constitute a marina and marina facility,
or, conversely, use any or all the slips as strictly accessory to the hotels which
would render any such slip a commercial dock. The remaining 42 slips shown
will be accessory to the hotel and considered a commercial dock. A maximum
of 50 slips are proposed.
The following uses are defined in the Community Development Code (CDC)
Article 8, which would be applicable to this application:
1. A commercial dock is any dock, pier, or wharf, including boatlifts, that is
used in connection with a hotel, motel, or restaurant where the slips are not
rented, leased, or sold. The CDC provides specific criteria applicable to
commercial docks in Section 3-603.C.3.
2. A marina is any structure constructed on pilings over open water or
supported by flotation on the water which provides three or more boat slips
for the purpose of sale or lease.
3. A marina facility is a use of land involved in the operation of a marina
including structures and activities normally integral to the operation of a
marina, such as servicing, fueling, pumping-out, chartering, launching, and
dry-storage of boats and boating equipment. The CDC provides specific
criteria applicable to marinas and marina facilities in Sections 2-803.G and 3
-603.A through J.
The applicant has committed that any personal watercrafts (PWCs) stored at
this facility will only be made available to guests of the hotel as an accessory
use to the hotel and not to the general public. In addition, the applicant will
maintain and oversee the use of all slips whether rented, sold, or leased and will
specifically prohibit the establishment of any commercial uses or enterprises.
The 91 proposed units include 55 units otherwise permitted by the Resort
Facilities High future land use category, eight units previously allocated from the
Hotel Density Reserve through Beach by Design (HDA2019-03001) and a total
of 28 transferred hotel units. Eleven units have previously been approved for
Page 7
City of Clearwater
City Council Meeting Minutes December 2, 2021
use with the approval of TDR2020-05001 and were also included in the total
room count of the original Development Agreement (HDA2019-03001, as
amended). The applicant intends to submit a Level 11 Flexible Development
application requesting approval for the use of an additional 17 transferred hotel
units. It is important to note applications FLD2020-05012 and TDR2020-05001
will need to be amended.
The primary changes to the Development Agreement approved as
HDA2019-03001 (as amended) are limited to the following components:
• Recitals: Updated to reflect the specifics of the requested amendment
and to reflect pertinent prior events and approvals including the
approvals of HDA2019-03001A, FLD2020-05012 and TDR2020-05001.
• Section 4.1: Updated to reflect the increase in total units from 74 to 91,
the overall number of units to be derived from a transfer of development
rights (28 hotel units) and a decrease in the number of publicly
accessible slips from 22 to eight.
• Section 4.2: Updated to reflect an increase in the total number of
provided parking spaces from 100 to a minimum of 113.
• Section 4.4: Updated to reflect the increase in height from 65 feet to 80
feet.
• Exhibit B: Updated with the revised conceptual site plan and elevations.
No other changes are proposed to the agreement. Specifically, no changes are
made to any restriction placed on the property regarding operations of the
marina and marina facility component, the prohibition on full kitchens and
limitations on amplified music. The agreement also continues to include
specific language for the inclusion of the public boardwalk and public access
walkway.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. The amendment to the
approved agreement is solely to extend the time frame by which time site plan
approval must be obtained by one year to August 31, 2021.
Summary and Recommendation
The proposal appears to be generally consistent with applicable components of
the Community Development Code and Beach by Design and staff is
supportive of the request.
Applicant representative Brian Aungst reviewed the request and said the
amendment moves 10 overnight accommodation units from Somerset to
the East Shore Marina District, an underutilized area of staff priority for
overnight accommodation units. The parking garage is fully valet, the
ADA patrons will drop off their vehicles at the lobby on the ground floor
Page 8
City of Clearwater
City Council Meeting Minutes December 2, 2021
and access the elevators like other patrons. Mr. Aungst said the parking
garage will be subject to a full site review. City code requires that all
utilities, including individual distribution lines, shall be installed
underground, unless such undergrounding is not practical. The
undergrounding of utilities is also a condition for the development order.
The review of full engineered plans under the building permit process
occurs after the CDB site plan approval. He said the project is not at a
point where Duke Energy is able to determine if utility undergrounding is
practical.
Two individuals spoke in opposition, requesting the undergrounding of
utilities be required.
In response to comments, Mr. Aungst said the City is giving the applicant
8 units, the applicant is buying 28 units and providing the city with a
public boardwalk.
In response to questions, Mr. Aungst said the applicant has entered into
a boardwalk easement, clarifying that the City is responsible for the daily
maintenance of the boardwalk and the developer is responsible for the
structural maintenance of the boardwalk.
Councilmember Bunker moved to approve the proposed second
amendment to an existing Development Agreement between the
City of Clearwater and 411 ES, LLC, which provides for certain
changes to the conceptual site plan and elevations and increases
the overall number of hotel units and height proposed for the
subject site. The motion was duly seconded and carried unanimously.
Resolution 21-26 was presented and read by title only. Vice Mayor
Hamilton moved to adopt Resolution 21-26. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9509-21 on second reading, annexing certain real property whose post
office address is 1882 Lakeview Road, Clearwater, Florida 33764, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9509-21 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9509-21 on
Page 9
City of Clearwater
City Council Meeting Minutes December 2, 2021
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.2 Adopt Ordinance 9510-21 on second reading, amending the future land use plan element
of the Comprehensive Plan to designate the land use for certain real property whose post
office address is 1882 Lakeview Road, Clearwater, Florida 33764, upon annexation into
the City of Clearwater, as Residential Low (RL).
Ordinance 9510-21 was presented and read by title only.
Councilmember Beckman moved to adopt Ordinance 9510-21 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
8.3 Adopt Ordinance 9511-21 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1882 Lakeview Road,
Clearwater, Florida 33764, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9511-21 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9511-21 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
9. City Manager Reports
9.1 Approve additional loan financing in an amount not to exceed $1,800,000 for an 81-unit
affordable housing development project at 610 Franklin Street and authorize the
appropriate officials to execute same.
The Community Redevelopment Agency of the City of Clearwater (CRA) is
under a development agreement with Blue Pierce, LLC (Blue Pierce) for
development of the CRA-owned site located at 610 Franklin Street. Blue Pierce
is wholly owned by Blue Sky Communities, LLC (Blue Sky). Since submitting
their initial application in September 2019, Blue Pierce's total development costs
for the project have increased by an estimated $5,412,022. At the October 18
CRA meeting, CRA Director Amanda Thompson explained that Blue Pierce
was seeking an additional $2,000,000 from the City and $2,000,000 from the
County to assist with filling the funding gap. City Council, serving as the Board
Page 10
City of Clearwater
City Council Meeting Minutes December 2, 2021
of Trustees of the CRA, instructed staff to provide a recommendation for
funding.
Blue Pierce has secured an additional $1,360,000 in conventional financing.
Following the October 18 CRA Meeting, Blue Pierce also agreed to increase its
deferred developer fee which will reduce the portion of the developer fee paid at
closing by $389,022 which would directly contribute to filling the funding gap.
They have requested a $2,000,000 grant from Pinellas County through the
Penny for Pinellas grant program. The final county grant amount, if approved,
will be based on the property's appraised value.
Staff Recommendation:
In addition to the $610,000 HOME loan previously approved by City Council,
staff recommends an additional HOME loan in the amount of$775,000, a loan in
the amount of$875,000 funded with HOME-ARP and a $150,000 loan using
State Housing Initiatives Partnership Program funds. Blue Pierce has agreed to
this proposal of an additional $1,800,000 subsidy rather than the $2,000,000
discussed at the October 18 CRA meeting. Further, if the total gap funding
from Blue Pierce, Pinellas County and the City exceeds the $5,412,022 gap, the
City's funding will be reduced by an amount equal to the overage. If total gap
funding is less than $5,412,022, then Blue Pierce will be responsible for
contributing additional funds.
Background:
The CRA issued RFP 09-19 on August 17, 2019 to redevelop the former Fire
Station 45 site at 610 Franklin Street as a housing tax credit project. Blue Sky,
the successful respondent proposed to construct a 9-story, 81-unit housing
development with a two-story, 81-space parking garage. The unit mix is 30
one-bedroom, 47 two-bedroom and 4 three-bedroom units. This is a mixed
income project with 16% of the units at 30% Area Median Income (AMI), 69% of
the units at 60% AMI and 15% of the units at 80% AMI. The total development
costs were estimated to be approximately $22,000,000. This included a
purchase price of$2,000,000 from the CRA and a loan from City/CRA of
$747,000 at an interest rate of 4%. The CRA will reimburse the City $305,000
for their portion of the loan. The City/CRA amended the development agreement
in 2020 to reduce the loan to $610,000 based on requirements established by
Florida Housing Finance Corporation. This loan will be funded with HOME
Investment Partnership Program funds (HOME).
In response to questions, Economic Development and Housing
Assistant Director Chuck Lane said the agreement can be modified if the
constructions costs decreases. If the project does not receive the requested
county funds, Blue Sky will not be able to the keep the project at 80% AMI.
City staff is not recommending additional housing funds, any additional
funds would be up to Council.
One individual spoke in support.
Page 11
City of Clearwater
City Council Meeting Minutes December 2, 2021
A concern was expressed with the subsidy the City is providing the
project and that there are other locations in downtown better suited for
affordable housing.
Councilmember Allbritton moved to approve additional loan
financing in an amount not to exceed $1,800,000 for an 81-unit
affordable housing development project at 610 Franklin Street and
authorize the appropriate officials to execute same. The motion was
duly seconded and carried with the following vote:
Ayes: 4 - Vice Mayor Hamilton, Councilmember Allbritton, Councilmember
Bunker and Councilmember Beckman
Nays: 1 - Mayor Hibbard
9.2 Approve Supplemental 1 Work Order to Cardno, Inc., of Clearwater, FL., to complete
Expanded Ground Penetrating Radar (GPR) Survey at the St. Matthew's Baptist Church
Cemetery, in the amount of$48,223, increasing the work order from $87,888 to
$136,111 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record
Consulting Services (EOR), and authorize the appropriate officials to execute same.
The St. Matthew's Baptist Church Cemetery, an African American cemetery
dating to the early 1900s, was once located along Missouri Avenue, near
Cleveland Street. The cemetery operated at the property until the 1940s.
According to records from the time, the City of Clearwater established a new
African American burial site at the North Greenwood Cemetery and all burials
ceased at the property.
The property was sold in 1955 by St. Matthew's Church to developers. 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 to its current state by
Crum Properties II LLC.
With the recent rediscovery of lost African American cemeteries throughout the
region, local community leaders called for confirmation that the 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 GPR surveys of the site.
The historical records review and GPR surveys identified areas of the former
cemetery that showed potential active burials.
Crum staffing contacted the City to discuss the findings. City Engineering staff
asked Cardno to prepare a work plan and complete an archaeological
excavation and ground truthing of the former cemetery.
Page 12
City of Clearwater
City Council Meeting Minutes December 2, 2021
The archaeological excavation confirmed the presence of active burials on the
property.
As part of the recommendations from the archeological excavation and ground
truthing report, Cardno proposed completing an expanded GPR survey of the
property to determine the cemetery boundaries.
City Council approved the initial expenditure for this project of$87,888 for the
archeological excavation and ground truthing on February 4, 2021.
The GPR survey will take approximately two weeks to complete. A final draft
report will be submitted to the City 60 days after completion of the fieldwork.
APPROPRIATION CODE AND AMOUNT:
0107010-530100 $$48,223.00
Funds are available in cost code 0107010, 530100, Professional Services to
fund this work order.
Mayor Hibbard declared a voting conflict and recused himself.
Councilmember Allbritton moved to approve Supplemental 1 Work
Order to Cardno, Inc., of Clearwater, FL., to complete Expanded
Ground Penetrating Radar (GPR) Survey at the St. Matthew's Baptist
Church Cemetery, in the amount of $48,223, increasing the work
order from $87,888 to $136,111 pursuant to Request for
Qualifications (RFQ) 26-19, Engineer of Record Consulting Services
(EOR), and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
9.3 Accept a sidewalk easement from Sarah L. Williamson for the construction, installation
and maintenance of a public sidewalk on real property located at 1157 Russell Street and
adopt Resolution 21-35.
This Sidewalk Easement will grant the City rights for construction, installation,
and maintenance of a public sidewalk on this residential property.
This sidewalk will connect to an existing sidewalk, to the east, and provide
erosion control on this property.
The City Engineering Department recommends acceptance of this easement.
Councilmember Beckman moved to accept a sidewalk easement
from Sarah L. Williamson for the construction, installation and
maintenance of a public sidewalk on real property located at 1157
Russell Street. The motion was duly seconded and carried
unanimously.
Page 13
City of Clearwater
City Council Meeting Minutes December 2, 2021
Resolution 21-35 was presented and read by title only.
Councilmember Bunker moved to adopt Resolution 21-35. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
9.4 Accept the assignment of a Drainage Easement from Pinellas County, a political
subdivision of the State of Florida, as recorded in Official Records Book 2780, Page 68
of the Public Records of Pinellas County, Florida, for the construction, installation and
maintenance of city drainage facilities on real property located at 2701 Via Cipriani and
adopt Resolution 21-36.
The subject drainage easement encompasses a stormwater ditch along the
north property line of Grand Bellagio at Baywatch Condominiums. Property
owners directly adjacent to the ditch and the majority of the contributing area
flowing into this stormwater conveyance feature are City of Clearwater
residents, paying the associated stormwater utility fees.
At the City of Clearwater's request, Pinellas County has approved the transfer of
the subject 30-foot easement to City of Clearwater jurisdiction.
One individual expressed concerns regarding vegetation overgrowth, muck
in certain areas, and erosion on the east end impacting the existing fencing.
Vice Mayor Hamilton moved to accept the assignment of a Drainage
Easement from Pinellas County, a political subdivision of the State
of Florida, as recorded in Official Records Book 2780, Page 68 of the
Public Records of Pinellas County, Florida, for the construction,
installation and maintenance of city drainage facilities on real
property located at 2701 Via Cipriani. The motion was duly
seconded and carried unanimously.
Resolution 21-36 was presented and read by title only.
Councilmember Allbritton moved to adopt Resolution 21-36. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton,
Councilmember Bunker and Councilmember Beckman
9.5 Appoint one member to the Neighborhood and Affordable Housing Advisory Board, as a
citizen who resides within the City of Clearwater, with a term to expire November 30,
2025.
Page 14
City of Clearwater
City Council Meeting Minutes December 2, 2021
APPOINTMENT WORKSHEET
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Camille Hebting
MEETING DATE: 2nd Tues. most months
PLACE: Main Library/Council Chambers
STAFF LIAISON: Chuck Lane
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate
Professional in Connection with Affordable Housing; Clearwater Resident;
Residential Home Building Industry; Advocate for Low Income Housing;
Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry;
Employer's Representative.
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH WILL
BE EXPIRING AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM
OR REPLACEMENT BY A NEW APPOINTEE:
1. Carmen Santiago - 525 McLennan St., 33756 -Victim/Witness Counselor
Original Appointment: 3/17/16
(--3 Absences in the last year)
(currently serving 1 st term until 11/30/2 1
Interest in reappointment: Yes
(Citizen who resides within the City of Clearwater)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY (Citizen who resides within the City of
Clearwater):
1. Melissa Collie - 1117 Fairmont St., 33755 - Home Daycare Provider
2. Deena Stanley - 1280 Lakeview Rd., Lot 339, 33756 - Tax&Payroll
Accounting
3. Nicholas West - 111 N. Nimbus Ave., 33765 - Political Analyst
Zip codes of current members:
1 - 33703
1 - 33711
1 - 33755
Page 15
City of Clearwater
City Council Meeting Minutes December 2, 2021
2 - 33756
1 - 33774
1 - 34222
Current Special Qualifications:
1 citizen actively engaged in the banking or mortgage Industry in connection
with affordable housing
1 citizen actively engaged in the residential home building industry in connection
with affordable housing
1 citizen who resides within the City of Clearwater
1 citizen actively engaged as a real estate professional in connection with
affordable housing
1 citizen actively engaged as an advocate for low-income persons in connection
with affordable housing
1 citizen actively engaged as a not-for-profit provider of affordable housing
1 citizen who represents employers within the City of Clearwater
Vice Mayor Hamilton moved to reappoint Carmen Santiago to the
Neighborhood and Affordable Housing Advisory Board, as a citizen
who resides within the City of Clearwater, with a term to expire
November 30, 2025. The motion was duly seconded and carried
unanimously.
10. City Attorney Reports — None.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Bunker said he was happy to see communication
between the City and David Miscavige and that he was happy there is a
scheduled meeting with the City Manager, City Attorney, and himself with
former Church member Mike Rinder. He said he would support a plan
with Scientology if it makes sense for the City. He suggested that if the
City plans a land swap with the Church, that the City would place the land
in a trust for David Miscavige to come through with his portion of the plan
first.
Councilmember Beckman said she traveled to Tallahassee this week
to meet with legislators and lobbyists. She said she learned a lot and it
was a productive trip. She said it is imperative for citizens to be informed
and engaged at the state level, the City's Legislative Agenda in
on the City's website. She thanked Assistant City Manager Micah
Maxwell for the work he did as Interim City Manager after the passing of
Bill Horne.
Page 16
City of Clearwater
City Council
Meeting Minutes December 2, 2021
Councilmember Allbritton said there are lots of activities on the
calendar in December. He said for all to have fun and be safe.
Vice Mayor Hamilton said he would be absent for the next Council
meeting. He wished all a great holiday season and happy new year.
12. Closing Comments by Mayor
13. Adjourn
The Mayor thanked the Police and Fire Departments for their help
with the Menorah lighting on Beach Walk last weekend. He thanked the
England family for their generous donation to Ruth Eckerd Hall and
encouraged all to visit the stunning England Family Garden located on
the east side of Ruth Eckerd Hall. He thanked the Salvation Army for
their gingerbread competition which raised money for homeless
families.
The meeting adjourned at 7:12 p.m.
eLj
ayor
Attest City of Clearwater
fid. WtiCC2(
City Clerk
City of Clearwater
Page 17
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME
Hibbard, Frank, V.
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Clearwater City Council
MAILING ADDRESS
600 Cleveland Street, Suite 600
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE ISA UNIT OF:
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY
Clearwater
COUNTY
Pinellas
NAME OF POLITICAL SUBDIVISION:
Cityof Clearwater
DATE ON WHICH VOTE OCCURRED
12/2/2021
PO
MY POSITION IS:
M
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B - EFF. 11/2013
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Frank V. Hibbard
, hereby disclose that on December 2
(a) A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
,20 21
inured to the special gain or loss of my relative,
inured to the special gain or loss of %/•""+ k
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
City Council Meeting Agenda Item 9.2
, by
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
42/3/1
Date Filed
i nature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 11/2013
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
PAGE 2