11/01/2021 Council Work Session Meeting Minutes November 1, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, November 1, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 1, 2021
Rollcall
Present 5 - Mayor Frank Hibbard, Councilmember Hoyt Hamilton, Councilmember
David Allbritton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: Micah Maxwell — Interim City Manager, David Margolis - 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
The meeting was called to order at 9:00 a.m.
2. Presentations
2.1 Drew Street - Jensen Hackett, FDOT (WSO)
FDOT Director of Transportation Development Richard Moss provided a
PowerPoint presentation.
In response to questions, Mr. Moss said he can discuss lowering the speed
in Segment 2 with the District's Traffic Operations and determine if it can be
implemented as soon as possible. The project anticipates two years for
design and another two years for construction. He said staff can
consider temporary measures to address the safety concern raised by the
neighborhood. The State requires DOT to meet the 85% calculation of the
designed speed. Mr. Moss said installing signage regarding narrow roads or
lower speeds is possible within the next couple of months if it is within the
District's purview and does not require a study. He said staff will circulate the
design to stakeholders and will come back to Council and residents when the
design is finalized. FDOT Community Liaison Justin Hall said by reducing the
lane widths and moving in the curb, the design is able to accommodate 8-ft.
sidewalks through the entire corridor. Mr. Moss said the rendering depicts
landscaping but if the residents do not want the landscaping, it is not
required. The number of crosswalk signals will be determined later and will
be located in areas with a lot of pedestrians. Mr. Hall said the sidewalks will
be installed along the stretch, which will be completed by February. Mr. Moss
said the utility poles will be relocated back to the right-of-way. Staff will
address the drainage issues near Betty Lane during construction.
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It was requested that DOT consider lowering the speed and installing
signage to address the safety concerns raised by residents. Mr. Moss said
he will report back to Council regarding their request.
3. City Manager
3.1 Approve the budget increase of$115,000 and one full time equivalent position (FTE) for
the addition of a new Assistant Director position in the General Fund CRA Administration
Department. (consent)
The purpose of this item is to request approval for a new position, Assistant
Director Community Redevelopment Agency, and associated costs. The
funding for this position was approved in September 2021 at the Community
Redevelopment Agency meeting as part of the CRA's annual budget and
Interlocal agreement with the City. The CRA is responsible for facilitating the
revitalization of downtown Clearwater. The current implementation strategy
calls for the development of several new grant programs, partnerships with
community organizations, contracts with multiple media providers and
redevelopment of CRA/City owned property. This is highly complex and highly
visible work that requires an experienced practitioner in the field of
communications and community development. Staff anticipates the creation of
a new CRA that would be administered by this department in the next year. To
successfully implement the CRA's revitalization goals and accommodate a new
CRA, a new position is needed. Finally, considering the ongoing pandemic,
providing a back up to the Director position will ensure that CRA operations can
be maintained when the Director is unable to work. If approved, the CRA
anticipate hiring no later than January 2022.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will increase salaries in the CRA
Administration cost code 0109212-510100, full time salaries, by $115,000.
Amendments will also include an offsetting increase to transfer-in revenues
from the CRA to fund this expenditure.
4. Parks and Recreation
4.1 Award a contract (purchase order) to D-Mar General Contracting and Development, Inc.,
of Clearwater, Florida, for $306,711.90, which includes a 10% contingency, to perform
various air conditioner renovations and replacements needed throughout BayCare
Ballpark, per Bid 16-0023-PR-BA, and authorize the appropriate officials to execute
same. (consent)
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A 20-year capital improvement (reserve) study was completed in Fiscal Year
2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering
for Baycare Ballpark (aka Spectrum/Bright House Field).
As a result of the study, CIP budgets for the maintenance and upkeep of
Baycare Ballpark were established. The study identified the need to replace all
of the air-conditioning units beginning with Phase I in Fiscal Year 2016/17 when
the cooling tower and main pumps were replaced. On October 5, 2016, the
City Council awarded a contract to Kenyon & Partners Inc. (KPI), of Tampa,
Florida, to complete Phase I. On October 19, 2017, the City Council awarded a
contract to Kenyon & Partners, Inc. (KPI), of Tampa, Florida, to complete Phase
II.
The City issued Bid #16-0023-PR-BA for Phase III work to all qualified air
conditioning contractors. Two bids were received, of which D-Mar General
Contracting & Development, Inc. was the lowest most responsive bid.
This contract is for Phase III and will include the removal and replacement of
units and systems (19) at the ballpark. The replacement units will be Energy
Star Certified where applicable and meet the guidelines of Greenprint 2.0.
This contract is for a period of 90 Consecutive Calendar Days, to be complete
prior to the Phillies 2022 Spring Season opening day.
Due to modifications to Clearwater Greenprint 2.0, a change order for$6,050
will be brought forward for approval from the City Manager for line items #1 and
#2, to upgrade the units (7) from replacement in-kind to Energy Star Certified
units, with a minimum efficiency rating of 15 SEER and 12 EER.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CIP 315-93205 "Baycare Ballpark Infrastructure
Repairs/Improvements" to fund this contract.
Staff was directed to provide information why a general contractor was
selected instead of a HVAC contractor.
4.2 Approve a contract (purchase order) from Garland/DBS, Inc., of Cleveland, Ohio, for roof
restoration and repairs of sections A2 and A3 of BayCare Ballpark, in an amount not to
exceed $129,719.70, which includes a 10% contingency, pursuant to Clearwater Code of
Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate
officials to execute same. (consent)
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A 20-year capital improvement (reserve) study was completed in Fiscal Year
2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering
for BayCare Ballpark (aka Spectrum/Bright House Field).
As a result of the study, CIP budgets for the maintenance and upkeep of
BayCare Ballpark were established. The study identified a phased approach to
address restoration and repairs of select portions of the stadium and clubhouse
roofing. This contract will provide for renovations to the existing roofing in
sections A2 and A3 of the stadium. The work will consist of cleaning, repair and
recoating of surfaces, reinforcing of beams, and repairs to coping, flashing, and
waterproofing.
The proposed pricing is established under a Master Intergovernmental
Cooperative Purchasing Agreement (MICPA) with Racine County, WI and
OMNIA Partners, Public Sector, and is available to all members of the U.S.
Communities Cooperative, of which the City of Clearwater is a member.
Cooperative Purchasing Agreement#PW1925 expires on October 14, 2024.
This contract is for a period of 60 days, to be completed prior to the Phillies
2022 Spring Season opening day.
APPROPRIATION CODE AND AMOUNT:
Funds are available in CIP 315-93205 "Baycare Ballpark Infrastructure
Repairs/Improvements" to fund this contract.
In response to questions, Parks and Recreation Director Jim Halios said
additional expenses, such as roof work, may be identified during the repair
process. The 10% contingency is included to address unexpected items.
Staff will return to Council if the additional costs exceed the contingency.
4.3 Approve a Purchase Order with Michael S. Williams d/b/a Athletic Services of
Clearwater, FL, for athletic field maintenance services, in an amount of$250,000.00 for
the term November 1, 2021 through May 10, 2022 with two, one-year renewal options in
an annual not to exceed amount of$250,000.00 pursuant to Clearwater Code of
Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to
execute same. (consent)
The Parks and Recreation Department is responsible for over fifty athletic fields,
which include the playing surfaces at the Carpenter Complex and BayCare
Ballpark. These fields are utilized frequently for citywide special events and
programs, co-sponsored activities, and tournaments, which ultimately can
affect the playing condition of the field for athletic usage due to equipment and
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foot traffic patterns.
This piggyback contract will assist the department with the overall maintenance
and resurfacing services for various athletic fields located throughout the city on
an annual basis. The athletic field services include aerating, excavation of
damaged turf and substrates, debris removal, regrading and rototilling, and final
grading of turf surfaces to proper specifications and elevations as required by
MLB, MLS, and NCAA standards.
The proposed pricing is established under a contract awarded by the Pinellas
County School Board, per Bid #21-968-206, Athletic Field Services, for an initial
term expiring May 10, 2022, with two, one-year renewal options. Staff is
requesting approval for an amount of the initial term equal to subsequent years
due to resurfacing projects which are currently planned.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Fiscal Year 21/22 departmental budgets in various
operating and capital codes and will be budgeted accordingly in future fiscal
years.
USE OF RESERVE FUNDS: N/A
In response to a question, Parks & Recreation Assistant Director Mike
Lockwood said the first six months of the contract includes a scheduled
project. The contract also provides maintenance assistance with all athletic
fields.
4.4 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas
Park, Florida in the amount of$129,399.75 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.
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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.
At the direction of City Council, staff received additional pricing for the alternative
construction of select components of the deck, including swapping wooden
balusters for stainless steel Atlantis cable, hardware, and additional grab bars at
an increased cost of$13,204.29. Staff is recommending approval of the
alternate construction options for enhanced longevity and appearance of the
deck components.
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.
In response to a question, Parks and Recreation Director Jim Halios said the
project will begin in June since several weddings and other events are
booked at the facility. Many of the events expect access to the deck. The
project was scheduled based on the blackout dates. He said all projects
have a 10-year warranty.
5. Engineering
5.1 Approve a Guaranteed Maximum Price (GMP) to Walbridge, of Tampa, FL, for the
Marshall Street WRF Sand Filters Rehabilitation (20-0011-UT) in an amount of
$1,681,538.00 pursuant to RFQ 40-20, Construction Manager at Risk Services for
Continuing Contracts; approve Supplement 1 Work Order to Tetra Tech, Inc., of Tampa,
FL, for construction and engineering inspections services in the amount of$118,682.00
for a new contract total of$152,572.00, pursuant to RFQ 26-19, Engineer of Record
Consulting Services, and authorize the appropriate officials to execute same. (consent)
The City operates twelve sand filters at the Marshall Street Water Reclamation
Facility (WRF). The filters are designed to remove particulates; however, plant
operations have reported several instances of the filters' cells binding, reducing
its capability to handle increased flows during rain events which can lead to
sanitary sewer overflows. The purpose of this project is to rehabilitate the sand
filters and associated equipment at the Marshall Street WRF. Scope includes
removal and replacement of media, inspection and repair of damaged
components and the Chem Clean System. Walbridge was selected under
RFQ 40-20 as one of the approved firms based on construction experience,
financial capability, availability of qualified staff, local knowledge and involvement
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in the community which was approved by Council on September 17, 2020.
On May 17, 2021, a work order was initiated with Engineer of Record (EOR)
Tetra Tech, Inc., to provide design services in the amount of$33,890.00.
Supplemental 1 Work Order is for construction engineering and inspection
services during the construction phase in the amount of$118,682.00 bringing
the new contract total to $152,572.00. Tetra Tech, Inc., was selected under
RFQ 26-19 and approved by Council on June 20, 2019.
Construction is anticipated to be completed within 270 calendar days from
issuance of Notice to Proceed.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the MS WRF.
APPROPRIATION CODE AND AMOUNT:
3217321-530100-96213 $ 118,682
3217321-546700-96213 $1,681,538
Funds are available in capital improvement project 96213, Marshall Street
Upgrade, to fund this project.
In response to a question, Engineering Manager Jeremy Brown said due to
limited resources, the Department has opted to outsource the project.
5.2 Approve an Interlocal Agreement with Pinellas Suncoast Transit Authority (PSTA) for the
autonomous vehicle (AV) pilot program and authorize the appropriate officials to execute
same (consent).
This Agreement enables PSTA, in conjunction with BEEP Inc., to deploy two
AVs in Clearwater Beach, south of the roundabout. The route is a loop on S.
Gulfview Boulevard, from Pier 60 to Parkway Drive, with five passenger stops
using existing bus stop pullout lanes, one parking space and possibly, in a
private commercial parking lot.
City staff will ensure appropriate pavement markings are placed and the
roadway surface is free of potholes. PSTA will coordinate with the City on
installing temporary "Autonomous Vehicle testing" caution signs on existing
speed limit signposts.
PSTA procured a suitable AV storage location at the Edge Hotel on S. Gulfview
Boulevard. Beep has installed their global navigation system on the roof of the
Edge Hotel and expects to perform a mapping exercise in late October. PSTA,
BEEP and their contractor are in process of coordinating with the City to obtain
the required electrical permit to provide power for AV charging stations at the
Edge Hotel.
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This pilot is anticipated to start in mid-November for a three-month period with
an agreement termination no later than March 31, 2022.
In response to questions, PSTA Senior Planner Jacob Labutka said the
autonomous vehicles work better in areas when the speed is lower. The
average maximum speed these shuttles have in the autonomous mode is 15
mph. He said the shuttle will not be stopping at the bus stop near the
construction site. The shuttle will operate 10:00 a.m. to 10:00 p.m.,
Wednesday through Sunday. Mr. Labutka said the shuttle can accommodate
up to six passengers. The newest model will be used in the Clearwater pilot
program. He said individuals may ride the shuttle for free. The three-month
demonstration program will cost PS TA $180,000. Engineering Director Tara
Kivett said all but one stop, near the Holiday Inn on S. Gulfview, will have
pull-offs, the pavement markings will be modified to accommodate a pull-off
near the Holiday INN.
6. Information Technology
6.1 Authorize an increase on Contract 900280 to SHI International Corp. of Somerset, NJ for
the license and services agreements with Microsoft, Inc. for cloud office management
software licensing, software maintenance, cloud storage, cloud services and professional
services in an amount of$300,000.00 for a new not-to-exceed amount of$2,175,000.00
for the remainder of the term ending June 30, 2023, and authorize the appropriate
officials to execute same. (consent)
The City migrated to Microsoft's Office 365 Cloud Services in 2017. The terms
of the Microsoft services and licensing model requires that the City annually
review and update license subscriptions and adjust subscription fees for each
user accessing the MS Office Suite products via the internet.
The contract modifications include additional cloud-based administration and
security features for the City's Azure, Office365 and SharePoint environments.
This increase will cover all software licensing and maintenance for the
remaining contract term and includes a contingency of approximately
$60,000.00.
SHI International was selected through a piggyback off the State of Florida
contract which was approved by Council on June 14, 2017 for a six-year term in
the amount of$1,582,114.90. On June 7, 2018, Council authorized an increase
of$292,885.10 bringing the contract total to $1,875,000.00 for cloud office
management software licensing, software maintenance, cloud storage, cloud
services and professional services. With this increase, the total amount for the
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remainder of the contract term will be $2,175,000.00. SHI International is the
State's sole provider of Microsoft Licensing.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in the Information Technology Admin
Services budget for the current support year, and out years will also be included
and charged back to user departments in the respective Information Technology
Admin Services budgets.
In response to a question, IT Director Dan Mayer said changes include
additional levels of authentication, such as biometric or coded cell.
6.2 Authorize a purchase order to Sun Print Management of Tampa, FL for copier and printer
services for the period of November 1, 2021 through October 21, 2024 in a not-to-exceed
amount of$480,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c),
Piggyback contract, and authorize the appropriate officials to execute same. (consent)
Sun Print Management was selected after a price comparison and contracted
via piggyback off of the School Board of Clay County, Bid #18-SCH-89, Laser
Printer-Cost Per Print Program.
Sun Print Management provides hardware, printing supplies and support
services for the City's 72 copiers as well as support services for an additional
58 printers.
Sun Print Management has provided copier and printer support services to the
City since 2017.
The School Board of Clay County extended their service agreement through
October 21, 2024.
APPROPRIATION CODE AND AMOUNT:
Monthly invoices are processed by the IT and charged back to departments
based upon specific print/copy volumes. Chargebacks are processed in
departmental operating budgets to line item 544100 (rental equipment/services).
6.3 Approve an agreement (purchase order) to Century Link Communications, LLC dba
Lumen Technologies Group (Lumen), of Bloomfield, CO for telecommunications and
internet services in the amount of$425,000.00 from October 1, 2021 through March 30,
2024 in accordance with Clearwater Code of Ordinances Section 2.563 (1)(d),
Non-competitive purchase, and authorize the appropriate officials to execute same.
(consent)
Lumen is the incumbent internet service provider (ISP) and telecommunications
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provider for the City's primary internet gateway and phone switch lines.
Previously the contract was run through Time-Warner, then Level 3
Communications, and now Lumen. Payments for these services will continue
to be made to Level 3 Communications which became part of Lumen in 2017.
Service agreements for internet and telecommunications services were
previously managed as separate and distinct agreements; changes in
purchasing practices require that all services with a single vendor be combined
under a single agreement and purchase order.
Lumen currently provides ISP services at city offices and the Municipal Services
Building under existing service orders. Additional ISP services are being added
to accommodate the Real-Time Crime Center and to enhance Citywide service
levels.
For the term defined the charges are as follows:
Internet Services (data): $170,000.00 @ 3 locations
Telecommunications Services (voice): $235,000.00
—5% Contingency: $20,000.00
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in the annual IT Admin Services budget.
7. Public Utilities
7.1 Authorize a purchase order to H and H Liquid Sludge Disposal, Inc of Branford, FL and
Merrell Bros, Inc of Kokomo, IN for the hauling and disposal of biosolids in a cumulative
not-to-exceed amount of$2,778,000.00 for the period of November 5, 2021 through
November 4, 2024 with the option of two, one-year renewals in a cumulative annual
not-to-exceed amount of$926,000.00, pursuant to Invitation to Bid (ITB) 45-21, Biosolids
Management Services, and authorize the appropriate officials to execute same. (consent)
Invitation to Bid 45-21, Biosolids Management Services was issued on August
10, 2021. The City received four responsive bid submittals pursuant to the
requirements set forth in the solicitation. H&H Liquid Sludge Disposal, Inc and
Merrell Bros, Inc. represents the lowest responsive, most responsible bidders in
accordance with the bid specifications.
The City of Clearwater's three Water Reclamation Facilities (WRFs) produce a
residual product (biosolids) that requires hauling and disposal. The contractors
are required to provide two primary services: (1) Biosolids (Dewatered Cake) to
Residuals Management Facility (RMF); and (2) Liquid Biosolids (Approximately
5% Total Solids) From East WRF to Northeast WRF and/or the Marshall Street
WRF.
In addition to the primary services, alternative services were included as an
option in the solicitation for which unit prices were provided in the contractors'
bid as a secondary means of hauling and disposal, should specific
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requirements develop at one or more of our facilities.
The contractor accepts full responsibility and liability for the hauling and disposal
of biosolids from the points of loading at the City's WRFs, in accordance with
Chapter 62-640, F.A.C., and shall be responsible to comply with existing Florida
Department of Environmental Protection (FDEP), the United States
Environmental Protection Agency (USEPA) residuals treatment and disposal
regulations, all other applicable federal, state and local regulations, and any
changes made to these regulations during the contract period.
The initial contract period will be November 5, 2021 through November 4, 2024,
with the option for two, one-year renewal terms available to the City. Renewal
Terms allow for cost increases based on the Consumer Price Index for all
Urban Consumers (CPI-U). Renewal prices shall be firm for the respective
annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY22 are available in Public Utilities' cost centers, cost code
530300 Other Contractual Services.
Funding for future fiscal years (FY23 through FY24) will be requested within
contract calendar and spending limits.
In response to a question, Public Utilities Assistant Director Mike Flanigan
said the intent is to use the main bid item. Staff is concerned with risk, in the
past the Department had to use an alternative bid item, which is now the
main bid. He said the alternative bid items will be used as a back-up if the
main bidder is unable to provide the locations.
8. Solid Waste
8.1 Ratify and confirm authorization to increase contract 900447 to Angelo's Aggregate
Materials LTD dba Angelo's Recycled Materials (Angelo's) of St. Petersburg, FL for
debris disposal (yard trash, Class III, and construction and demolition debris) by
$10,000.00, bringing the new contract amount to $890,000.00 for term ending
September 30, 2021, and authorize the appropriate officials to execute same. (consent)
On September 20, 2018, Council approved a three-year term with Angelo's in
an annual not-to-exceed amount of$800,000.00 for debris disposal to include
yard trash, Class III, and construction and demolition debris.
In September 2021, the Interim City Manager approved an increase of 10% for
the term ending September 30, 2021, bringing the total value to $880,000.00.
The final invoices have now been forecasted and an additional $10,000.00 is
being requested to pay the forecasted invoices, bringing the new total to
$890,000.00.
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The original budgeted figures were inaccurate because additional refuse was
disposed of at Angelo's at a rate of$34.00 per ton instead of using Pinellas
County Landfill at a rate of$42.15 per ton. The additional disposal at Angelo's
saved the residents of Clearwater $8.15 per ton.
APPROPRIATION CODE AND AMOUNT:
4242082-543500 and 4242089-543500
In response to questions, Solid Waste Manager Kattrina Miller said the
employees do not get off the trucks to pick up recyclables off the road.
Ongoing education campaigns remind residents that cardboard boxes need
to be placed in the recycle bin in order for it to be recycled. The Department
will be working with Public Communication on the holiday messaging
campaign. She said contracting a vendor to pick up yard waste has not been
contemplated because the Department prides themselves in being a full-
service provider.
A concern was expressed that if the City does not pick up yard waste, the
waste materials will be disposed of at a less desirable location.
Interim City Manager Micah Maxwell said a substantial change to the
business model may potentially impact the trash collection system.
9. Official Records and Legislative Services
9.1 Approve the 2021 State Legislative Agenda.
Each year, the City submits a list of legislative priorities for consideration by the
state legislature during their annual 60-day session in Tallahassee. The City's
legislative liaison works closely with city staff and the City's lobbying team in
Tallahassee to draft a package that is beneficial to Clearwater, and to lobby that
package locally and in Tallahassee. Preparation of the package involves
determining areas of need, researching funding availability, identifying needed
legislation, monitoring and evaluating current legislative issues.
In response to questions, the City Clerk said the appropriation requests are
resiliency items included in Imagine Clearwater. In coordination with city
lobbyists and sponsoring legislators, the resiliency items identified by staff
were more likely to receive funding.
Staff was directed to include a statement that stresses the City's desire to
encourage citizen engagement with legislators and include a statement,
under Issues to Support, allowing Mandalay Channel as an anchoring
limitation area.
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In response to a suggestion, the City Clerk said amending the City's short-
term rental ordinance may cause the City to lose its grandfathered status.
The City Attorney said it is the opinion of municipal attorneys to not amend a
grandfathered ordinance.
In response to a request, the City Clerk said staff can work with Public
Communications to create a page on the City's website that lists a number of
bills staff is tracking for the 2022 legislative session, includes email
addresses for the Pinellas County Legislative Delegation, and tracks the
number of views. It was recommended creating a pilot page for the State
Legislative Session before creating pages for federal or county legislative
matters.
10. Legal
10.1Approve an amendment to the legal services agreement with Manson Bolves Donaldson
Varn for representation in litigation regarding ownership issues of the Seminole Boat
Ramps to increase the not to exceed amount from $75,000 to $100,000, and authorize
the appropriate officials to execute same. (consent)
On March 7, 2019, City Council authorized hiring the law firm of Manson Bolves
Donaldson Varn as outside counsel to provide expertise as it relates to water
law/submerged lands and act as liaison to the FDEP and other parties as may
be necessary to assist in clearing any cloud on title of the lands being
developed under the Seminole Street Boat Ramp - North Marina District
Improvements Project and approved a Legal Services Agreement for an amount
not to exceed $50,000.00.
The ownership issues were more complex than originally anticipated and
required litigation to quiet title on the property. On September 3, 2020, Council
approved an increase in the amount of the contract for a not exceed amount of
exceed $25,000, for a new contract total of not to exceed $75,000.
The City went to mediation with the owners of the submerged land in question,
which was unsuccessful. Negotiations are continuing with opposing counsel
while the litigation is pending. This amendment will increase the contract by
$25,000, for a new total not to exceed amount of$100,000.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to
fund this contract.
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10.2Adopt Ordinance 9508-21 on second reading, amending Chapter 51 of the Community
Development Code to incorporate updated FEMA flood hazard maps, authorizing the
Floodplain Administrator to rely on best available data when local data is available in
establishing the minimum basis for flood hazard areas and base flood elevations;
clarifying definitions; providing certain conditions for when accessory structures may be
located below the base flood elevation; updating minimum elevation standards consistent
with the Florida Building Code and FEMA best practices.
10.3Continue to a date uncertain: Adopt Ordinance 9503-21 on second reading, annexing
certain real property whose post office address is 2322 Anna Avenue, Clearwater,
Florida 33765, into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
10.4Continue to a date uncertain: Adopt Ordinance 9504-21 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 2322 Anna Avenue, Clearwater,
Florida 33765, upon annexation into the City of Clearwater, as Residential Low (RL).
10.5Continue to a date uncertain: Adopt Ordinance 9505-21 on second reading, amending
the Zoning Atlas of the city by zoning certain real property whose post office address is
2322 Anna Avenue, Clearwater, Florida 33765, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
11. City Manager Verbal Reports
Interim City Manager Micah Maxwell said COVID cases are dropping in the
county and some of the restrictions have been lifted such as masking. He
requested feedback on removing the plexiglass shields that separate the
council seats on the dais. Comment was made that the CDC still
recommends masks and distancing when indoors.
Public Communications Director Joelle Castelli said not everyone is in their
normal seat on the dais due to distancing and 2 of the microphones are
different than the rest which causes sound quality issues along with the
sound reverberating between the plexiglass. There was consensus to keep
the plexiglass up on the dais.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.1 PSTA/Forward Pinellas Update - Councilmember Allbritton
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City of Clearwater
Council Work Session Meeting Minutes November 1, 2021
Councilmember David Allbritton said the Gulf Coast Safe Street virtual
summit will be held November 2-4 and the Bike Walk Tampa Bay virtual
meeting is being held on November 5th.
13.2Citizen Engagement during the State Legislative Session - Councilmember Beckman
See Item 9.1
14. 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 scheduling a discussion on how the
City plans to expend the ARPA funds, the proposed timeline, and public
engagement component.
Finance Director Jay Ravins said staff is still waiting for final guidance from
the Treasury Department. Many local governments have raised concerns
with the interim rule. He said the city is earning a I% interest on the money,
which is not restricted and available to the City. An internal task force is
looking at recommendations which will ultimately be brought forward to
Council. Interim City Manager Micah Maxwell said Jon Jennings has a
number of ideas, staff should be able to bring something forward in the next
couple of months.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 11:17 a.m.
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City of Clearwater