04/04/2022 Council Work Session Meeting Minutes April 4, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
m
ap
® e
Meeting Minutes
Monday, April 4, 2022
9:00 AM
Main Library - Council Chambers
Council Work Session
Page 1
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Roll Call
Present 5 - Mayor Frank Hibbard, Councilmember David Allbritton, Councilmember
Kathleen Beckman, Councilmember Mark Bunker, and Councilmember
Teixeira
Also Present: Jon Jennings — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant 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— Mayor Hibbard
The meeting was called to order at 9:00 a.m.
2. Economic Development and Housing
2.1 Approve the Community Development Block Grant - Coronavirus Program Agreement
between the City of Clearwater and Homeless Leadership Alliance of Pinellas, Inc. in the
amount of$104,441.47 and authorize the appropriate officials to execute same.
(consent)
Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act),
$1,351,560 of Community Development Block Grant - Coronavirus program
funding (CDBG-CV) was directly allocated to the City of Clearwater for use
within eligible programs to address community and housing impacts arising
from the COVID-19 pandemic.
The Homeless Leadership Alliance of Pinellas, Inc. (HLA) has submitted a grant
application to the City of Clearwater for the use of$104,441.17 in CDBG-CV
funds to perform housing navigation services to citizens of Clearwater. The HLA
submitted a similar application to the City of Largo and plans to hire staffing for
this effort whose services and related costs will be shared among the two
cities. Staff supported by this agreement (Housing Navigators) will perform
outreach to landlord/property managers to locate and secure appropriate
housing opportunities. The Housing Navigators assist with application
submissions and helping the tenants to understand the lease requirements.
HLA will administer the financial relocation assistance for this project.
This subrecipient agreement will be funded with CDBG-CV funds and will have
no impact on the City's General Fund. Economic Development and Housing
staff will monitor HLA's performance under the subrecipient agreement to
Page 2
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
ensure compliance with agreement terms and funding-source regulations.
In response to questions, Economic Development and Housing Assistant
Director Chuck Lane said staff will be presenting in a few weeks an
allocation plan for the City's HOME ARP funding and amendments to the
CDBG plan. Since half of the funds have been encumbered, staff is releasing
another Notice of Funding Availability (NOFA) in an effort to seek more
respondents. He said when the NOFA was originally released many partners
did not have the capacity to move the funds. Mr. Lane said 80% of the funds
must be expended by next June.
2.2 Approve an Interlocal Agreement between the City of Clearwater, the City of Clearwater
Community Redevelopment Agency (CRA), Pinellas County, and the Clearwater Housing
Authority to provide for revenue sharing and the redevelopment of 306 S Washington
Avenue, and authorize the appropriate officials to execute same. (consent)
The purpose of this item is to request approval of the Interlocal Agreement
associated with the forthcoming development agreement for 306 South
Washington Avenue and to serve as a companion to Agenda Item 4.1 approved
by the Board of Trustees of the City of Clearwater Community Redevelopment
Agency on March 14, 2022.
The 306 South Washington project is a 171-unit mixed income apartment
development, a minimum of 260-space parking garage with tenant amenities
including a pool, dog walking area, two playgrounds, exercise room and
community room. There is a mixture of 1-bedroom (725 sq. ft.) units and
2-bedroom (925 sq. ft.) units. There will be 18 affordable units at 80% of Area
Median Income (AMI), 49 units at 100% of AMI and 104 workforce units at 120%
of AM I.
This mixed income housing project is a high priority for the City, CRA and
Pinellas County to meet the significant need for workforce housing and
downtown redevelopment goals. Without additional financial subsidy, this
project cannot move forward. Staff believes the best option is to transfer
ownership to the Clearwater Housing Authority (CHA) who has the expertise to
manage a mixed income property and has proposed a revenue sharing
agreement. Additionally, all revenues generated by the CHA must be spent to
further their mission of providing affordable housing. Mixed income projects like
these provide a continuous source of revenue to construct and maintain
affordable housing without relying on federal, state, or local subsidies.
The proposed Interlocal agreement is a multi-party agreement including the
Clearwater Community Redevelopment Agency (CRA), the City of Clearwater
Page 3
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
(City), Pinellas County (County) and the CHA. The agreement outlines each
parties funding commitments to the project, the long-term ownership of the
project site and public parking and the revenue sharing arrangement between
the CHA and the other parties. Terms of the Interlocal Agreement affecting the
City are as follows:
• The City agrees to contribute an $880,000 loan using HOME Investment
Partnership Program funds made available by the United States
Department of Housing & Urban Development.
• The CHA will pay 50% of the Net Surplus Revenues of the Project up to,
but not exceeding, an amount equal to $400 per unit which shall be paid
to the City ($100 per unit), the CRA ($100 per unit) and the County ($200
per unit); If, during the term of this Agreement, the CRA ceases to exist,
the City's portion of the annual payment shall be increased to include
what would have been the CRA's share. As proposed, this would be an
annual payment of$68,400.
• Payment will begin after the first year of stabilization of the project
meaning occupancy levels of 95% for a period of six months. Payments
will be made on an annual basis.
Other notable terms affecting the remaining parties include the following:
• The CRA will sell the project site to the Pinellas County Land Trust for
$3,460,000 and will reinvest the proceeds into the construction of the
project. The Land Trust will enter into a long-term lease agreement with
the Clearwater Housing Authority.
• The CHA and the Developer will construct and manage the project in
accordance with the terms adopted in the development agreement with
the CRA. This includes the provision of 40 spaces for public parking.
The agreement cannot be assigned unless approved by all parties and
income restrictions shall be maintained.
• The CHA will participate in revenue sharing if there is net surplus after all
loan obligations, administrative fees and maintenance costs are met.
"Net Surplus Revenues of the Project" shall mean the net cash income
of the Project after the payment of all operating expenses (including
management fee of not in excess of 6%), funding or replenishment of
operating, debt service (including redemption of bonds issued for the
construction of the Project) and replacement reserves for the Project.
• 50% of the Net Surplus Revenues of the Project shall be retained by the
CHA and used for any purpose consistent with Chapter 421, Florida
Statutes.
There is a significant need for affordable and workforce housing in Pinellas
County and in Clearwater. This project is a public/private partnership that can
deliver a high quality, mixed income apartment development that will remain
financially sustainable ensuring affordable housing for decades into the future.
APPROPRIATION CODE AND AMOUNT:
HOME Investment Partnership Program funding is available in fund 683 for the
proposed loan.
Page 4
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
3. Finance
3.1 Approve settlement of workers' compensation claim 21-000039, Jason Goiran, for
payment of$200,000, inclusive of attorney fees and costs with a general release of all
claims, and authorize the appropriate officials to execute same. (consent)
Mr. Goiran was hired on April 26, 2021 in Engineering as a Traffic Sign and
Marketing Technician. On May 27, 2021 he suffered a serious burn injury to his
right foot while striping a parking lot. He was unable to return to work and placed
on total temporary disability benefits. Mr. Goiran was medically discharged from
employment on October 5, 2021.
The City has spent approximately $204,219 in total for medical treatment, legal
and investigative costs, and disability payments to-date. The City faces potential
estimated payments of$100,000 for future treatment of his condition. His
potential disability payments could reach $1.2 million lifetime. With additional
legal and investigative costs that could reach $10,000, the City's potential
exposure is projected at approximately $1.3 million in future medical care,
disability payments, and legal fees.
On January 13, 2022, this claim was settled at a State Mediation for$200,000.
Claimant counsel has agreed to accept this offer.
The Risk Management Division; the outside attorney for the City of Clearwater,
Mark Hungate with Banker Lopez Gassler, P.A.; and the City's Claims
Committee recommend approval of this settlement.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
APPROPRIATION CODE AND AMOUNT:
059007590-545800 $200,000
3.2 Amend Clearwater Code of Ordinances, Section 2.527, Settlement of Claims, to
increase the City Manager or his/her designee authority to settle and release, on behalf of
the City, any claim or lawsuit, both for and against the City and pass Ordinance 9560-22
on first reading..
The proposed ordinance will revise the City Manager, or designee, authority to
settle and release, on behalf of the City, any claim or lawsuit, both for and
against the City, up to and including $100,000, which is an increase from its
current amount of$50,000. Also, to approve that any settlement that exceeds
$25,000 (currently $15,000) shall be reviewed by the City Attorney and/or
Page 5
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
designee and any claim that exceeds $50,000 (currently $25,000) shall require
unanimous written concurrence of the City Manager, City Attorney and Risk
Manager or their designees.
The Risk Management Division of the Finance Department respectfully
requests the revision of this Ordinance to allow for settlement of claims to be
more efficient and to acknowledge that current claims settlement authorization
levels are not sufficient in light of rising legal and settlement costs.
By increasing the current settlement authority in place, it will allow the following:
• Greater flexibility for Risk Management and the Claims Committee to
settle claims quicker, therefore reducing workload, claims severity and
legal expenses.
• Reduce the amount of time for review and for the approval of these
settlements arising from one on one's with Council Members,
presentations at Council Work Sessions and Council Meetings.
Risk Management believes the recommended changes to this ordinance will
increase the efficiency of our Council Work Sessions, Claims Committee
Meetings, and Risk Management Specialists, and provide a financial benefit of
reducing claims severity and legal payments.
In response to questions, Risk Manager Rick Osorio said six claims under
$100,000 have been processed since 2017. The amendments provide more
flexibility during mediation. Advising the claimant that the settlement must go
before an elected body works 50% of the time. Mr. Osorio said some of the
cases can be settled before the claimant files for litigation, which requires
staff resources and legal expense. The City Attorney said whenever the City
goes through a public settlement process, that tends to attract other claims.
The proposed amendment would save the City money because it would
streamline the process by not requiring a public discussion.
4. Gas System
4.1 Approve an Annual General Permit, in the amount of$2,813, with Pinellas County to
construct and maintain natural gas facilities and authorize the appropriate officials to
execute same. (consent)
This permit will allow Clearwater Gas System (CGS) to install and maintain
natural gas mains and service lines within the Pinellas County right-of-way that
are placed more than five feet from the back of curb or edge of road pavement.
This permit covers regular and recurring activities and specifies the
construction standards for installation of our gas infrastructure. All other gas
work outside the scope of this General Permit will require a Specific Utilization
Permit for each job/project prior to commencement.
Page 6
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Pinellas County experienced delays in providing the updated General Permit to
CGS, which typically starts at the beginning of the fiscal year (i.e., October).
Therefore, this permit will become effective on April 8, 2022 and expire on
October 1, 2022.
Section five of this General Permit contains language that indemnifies Pinellas
County against any damage claims resulting from negligence caused by CGS.
However, the City's limitation and protection under Section 768.28 of the Florida
Statutes is not waived.
4.2 Approve a Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation to place out of service and remove natural gas mains
during a road improvement project on US Highway 19, from State Road 580 to Northside
Drive, at an estimated cost of$188,886.61, and authorize the appropriate officials to
execute same. (consent)
The Florida Department of Transportation (FDOT) has a project (ID
#256774-2-52-01) to improve US Highway 19, from north of SR 580 (MAIN
ST) TO NORTHSIDE DR, located in Pinellas County. This will involve the
removal and/or place out of service including grouting of approximately
16,144 feet of gas main (size from 1 in. to 4 in.), which is in conflict with the
planned road project.
Under the Utility Work By Highway Contractor Agreement (UWHCA), the
FDOT general contractor will perform the removal of 15,431 feet of gas
main and place out of service 713 feet, to including grouting, of our existing
natural gas mains. A replacement gas main will be installed by Clearwater
Gas System's sub-contractor prior to the State removing our existing main.
Having the FDOT general contractor remove the natural gas mains allows
for work to be done in a timely manner and releases Clearwater Gas
System from penalty payments in the event we cause delays on the pipe
removal.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is budgeted and available in capital project
3237323-96374 (Line Relocation Pinellas - Capitalized).
4.3 Approve a Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation to place out of service and remove natural gas mains
during a road improvement project on US Highway 19, from Northside Drive to County
Road 95, at an estimated cost of$155,393.70, and authorize the appropriate officials to
execute same. (consent)
The Florida Department of Transportation (FDOT) has a project (ID
Page 7
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
#256774-3-52-01) to improve US Highway 19, from Northside Drive to North
of CR 95, located in Pinellas County. This will involve the removal or place
out of service including grouting of approximately 12,768 feet of gas main
(size from 1 in. to 8 in.), which is in conflict with the planned road project.
Under the Utility Work By Highway Contractor Agreement (UWHCA), the
FDOT general contractor will perform the removal of 10,686 feet of gas
mains and place out of service 2,082 feet, including grouting, of our existing
natural gas mains. A replacement gas main will be installed by Clearwater
Gas System's sub-contractor prior to the State removing our existing main.
Having the FDOT general contractor remove the natural gas mains allows
for work to be done in a timely manner and releases Clearwater Gas
System (CGS) from penalty payments in the event the CGS cause delays
on the pipe removal.
APPROPRIATION CODE AND AMOUNT:
Funding for this agreement is budgeted and available in capital project
3237323-96374 (Line Relocation Pinellas - Capitalized).
In response to a question, Gas System Assistant Director Brian Langille said
CGS'subcontractor will install the new main pipeline prior to DOT
construction. The pipeline will be removed if it is in conflict. If abandoned, the
pipe is filled in so it will not cause a depression in the road.
4.4 Accept a Gas Utility Easement from Largo East Bay OMV LLC, for the construction,
installation, and maintenance of gas utility facilities on real property located at 4445 East
Bay Drive, Suite 307, Clearwater FL, 33764. (consent)
Largo East Bay OMV LLC (Grantor) has granted a non-exclusive five-foot wide
natural gas easement, on property located at 4445 East Bay Drive, Suite 307,
Clearwater FL, 33764 (Parcel ID# 31-29-16-70344-300-0300) for the installation
of a natural gas distribution line. This line will serve commercial business.
The easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
4.5 Accept a Gas Utility Easement from Imperial Palms Apartments Limited Partnership, for
the construction, installation, and maintenance of gas utility facilities on real property
located at 101 Imperial Palm Drive, Largo FL, 33771. (consent)
Imperial Palms Apartments Limited Partnership (Grantor) has granted a
non-exclusive five-foot wide natural gas easement, on property located at 101
Imperial Palm Dr, Largo FL, 33771 (Parcel ID# 35-29-15-00000-110-0100) for
the installation of a natural gas distribution line. This line will serve commercial
Page 8
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
business.
The easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
5. Parks and Recreation
5.1 Approve a purchase order to Emerald Facility Management of St. Petersburg, FL, for
pressure washing and cleaning services of city hardscaping in the total annual not to
exceed amount of$175,000.00 for one year with two, one-year renewal options, pursuant
to Invitation to Bid #12-22, and authorize the appropriate officials to execute same.
(consent)
Invitation to Bid 12-22, Pressure Washing Services, was issued in January
2022 and the City received four responsible responses. Emerald Facility
Management, the current vendor, was the lowest most responsible bidder.
Staff has received excellent service from Emerald Facility Management in the
past and has received positive feedback by vendor references.
This contract will provide pressure washing services throughout the city, most
notably at all high tourism areas, the Downtown District, parks, and ballfields.
ITB #12-22 was issued for known services for the Parks & Recreation
Department; however, this contract is for citywide use on an as needed basis to
include additional services that the Parks & Recreation Department may need
during this term.
APPROPRIATION CODE AND AMOUNT:
Funding for these contracts will come from a variety of general fund sources,
but primarily from various maintenance cost centers within the Parks and
Recreation Department, and other departments' contractual services budget as
additional services are utilized.
In response to questions, Parks and Recreation Director Jim Halios said the
bid differentials may be due to vendors not owning the equipment needed to
conduct the work, requiring the vendor to rent the equipment and including
the rental cost in the bid price. He said the City requires hot pressure wash.
The Beachwalk refurbishment will begin in one year. He said brushes are
used to clean the pavers in downtown. Staff works with Engineering to
ensure the proper psi is used.
Page 9
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
5.2 Approve a Purchase Order to Wesco Turf, Inc., of Sarasota, FL, for the purchase of
landscape maintenance equipment, in an amount of$120,827.66 pursuant to Clearwater
Code of Ordinances Section 2.563(1)(c), Piggyback, and 2.563(1)(d), non-competitive
purchase, and authorize the appropriate officials to execute same. (consent)
The Parks and Recreation Department is responsible for the regular landscape
maintenance of 110 park facilities, totaling approximately 1708.52 acres of
parkland, and includes tasks such as the mowing and edging of turf, clearing of
debris from hardscapes, and beautifying of the city's natural landscapes.
On December 17, 2020, Council approved the addition of three new full-time
positions to the Parks and Recreation Department to provide enhanced
maintenance for the newly renovated Crest Lake Park. Subsequently following
the grand reopening of Crest Lake Park, staff has been using existing
maintenance equipment which is allocated to other landscape teams
throughout the city, which poses a delay in arranging for the utilization and
scheduling of the various teams accessing such equipment. This course of
action has proven to be inefficient and creates back logs in performing
scheduled landscape maintenance throughout the city.
This equipment purchase contract will assist the department with the overall
maintenance and beautification efforts at Crest Lake Park, while not hindering
existing maintenance efforts throughout the city due to equipment reallocations.
The equipment will be stored at Crest Lake Park, thus reducing time needed to
transport equipment to the site. The proposed pricing is established under the
State of Florida Department of Management Services, contract No.
25101900-21-STC awarded to Wesco Turf, Inc., for Agriculture and Lawn
Equipment valid through December 31, 2023. The purchase includes additional
options in the amount of$153.34, which are impractical to bid due to the
equipment cost.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will provide a transfer of$18,690.47 from parks
operating budget savings to capital improvement project 93650, Crest Lake
Park Improvement to provide remaining funds needed for this purchase.
A comment was made that residents near Crest Lake Park have raised
concerns regarding a pile of mulch. Staff was directed to look into the matter.
6. Police Department
6.1 Approve an increase to purchase order 21000893 to Prison Rehabilitation Industries and
Page 10
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Diversified Enterprises (PRIDE) dba Pride Enterprises for the repainting of three
command vehicles in the amount of$30,063.00 for a new total of$153,808.00 in
accordance with Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive
purchase, and authorize the appropriate officials to execute same. (consent)
The Clearwater Police Department (CPD) was previously allocated
$200,000.00 for the purpose of refurbishing command vehicles. CPD has
completed refurbishing two specialty vehicles and seeks to update the paint and
graphics on three additional specialty vehicles.
On May 6, 2021, City Council granted approval of an Agreement with Prison
Rehabilitation Industries and Diversified Enterprises (PRIDE) dba PRIDE
Enterprises, of Brandon, FL, in the amount of$112,950.00 for the refurbishment
of two command vehicles with CPD. An additional $10,795.00 was approved by
the City Manager bringing the total amount to $123,745.00.
CPD is requesting an increase to the purchase order to have three additional
specialty purpose vehicles painted to match the recently refurbished command
vehicles. The three vehicles are a 2009 LDV Freightliner (SWAT Vehicle
G3632), 2008 41-ft fifth wheel housing unit (Urban Area Security asset for
self-contained emergency response G3608), a 2007 Ford E450 truck (Hostage
Negotiator Vehicle G3335).
The proposed work is to be completed by PRIDE, which is labor provided
through the Department of Corrections. The work they have done for the
department has been high quality.
The estimated cost to paint the remaining three vehicles is approximately
$27,330.00. CPD is requesting an additional 10% contingency ($2,733.00) to
cover any additional services that may be needed. By Florida statute 287.042,
PRIDE is the corporation operating the correction work programs of products
and/or services.
APPROPRIATION CODE AND AMOUNT:
A mid-year budget amendment will close capital project P1803, PD
Command Bus Refurbishment, returning $30,063 to the general fund to
provide an increase to Police Department operating code
0101151-530300, contractual services, to fund this purchase.
In response to a question, Police Chief Daniel Slaughter said, per Florida
statute, the system created to utilize prison labor results in a low bid, the
Purchasing Manager has the authority to determine it is impractical to bid.
Page 11
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
6.2 Approve an increase to the purchase order for Axon Enterprise, Inc., of Scottsdale, AZ, in
the amount of$30,400.00, from $131,892.27 to $162,292.27, for the purchase of Axon
Signal Units and Axon Signal Unit Cable Assemblies in accordance with Clearwater
Code of Ordinances Section 2.563(1)(c), Piggyback; and authorize the appropriate
officials to execute same. (consent)
At the July 16, 2020 council meeting, the Clearwater Police Department (CPD)
was directed to incorporate a body worn camera program. The selected vendor
for CPD's body worn camera program is Axon Enterprises, Inc.
On August 6, 2020, City Council approved an agreement to provide for 200
Axon "Body 3" cameras, 25 docking bays, storage, licensing, and training to
fulfill the council directive. To ensure body camera activation during critical
incidents, the Police Department sought to incorporate Axon Signal Vehicle as a
facet of the Body Worn Camera Program. This technology enables Axon
cameras to sense events, such as activating the police vehicle emergency
lights, and start recording, without manual input from the officer/employee.
On November 18, 2021, City Council accepted a United States Department of
Justice, Office of the Justice Programs (OJP), 2021 Bureau of Justice
Assistance Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program - Local Solicitation, grant award in the of amount of$27,900.00.
This grant was awarded for the purpose of purchasing approximately one
hundred (100)Axon Signal Units ($27,900.00).
Additionally, CPD would purchase 100 Axon Signal Unit Cable Assemblies
needed to install the Axon Signal Units ($2,500.00). Once purchased, these
modules will be installed within selected patrol vehicles within CPD's fleet.
CPD previously received a separate grant in October 2020 to supply 140 Axon
Signal Vehicle modules. These modules have already been deployed to
patrol-based vehicles.
The Axon Signal Vehicle product is available for purchase utilizing National
Purchasing Partners Contract#VH11629, a national resource for public entities
for similar public solicitations; the City of Clearwater is a participating member
in this partnership.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in P2002, Police Body Worn Camera
Program.
Staff was directed to take the item off the Consent Agenda.
Page 12
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Mayor Hibbard declared a voting conflict. He said he directly owns stock in
the company.
6.3 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its
capacity as agent for the owner of the premises known as Countryside Mall, located at
27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police
Department for the purpose of hosting an Operation Shred and Medicine Take Back
Event on April 30, 2022, located at the Countryside Mall, and authorize the appropriate
officials to execute same. (consent)
Jones Lang LaSalle Americas, Inc and the Clearwater Police Department have
entered into a cooperative agreement to allow the police department immediate
access to use the property at Countryside Mall during the Operation Shred and
Medicine Take Back Event on April 30, 2022.
The property manager, however, has requested that the Clearwater Police
Department (CPD) agree to the terms and conditions outlined in the Event
License Agreement between Jones Lang LaSalle Americas, Inc., and CPD.
Additionally, the property manager has requested that CPD hold harmless
Jones Lang LaSalle Americas, Inc. from and against any and all loss liability,
damage, cost or expense arising out of or related to CPD's use of the property.
Nothing in the agreement, however, shall be deemed a waiver of the limitations
on liability contained in Section 768.28, Florida Statutes, or the doctrine of
sovereign immunity.
There are no costs associated with this Event License Agreement.
7. Engineering
7.1 Approve Supplemental Work Order Two to Engineer of Record Stantec Consulting
Services, Inc., of Tampa, Florida, per Request for Qualifications (RFQ) 26-19, Engineer
of Record Consulting Services, for the Lift Station 16 Pierce Street Rehab project
(20-0008-UT) in the amount of$132,990, increasing the work order from $447,574 to
$580,564, and authorize the appropriate officials to execute same. (consent)
June 4, 2020, City Council approved an initial work order to Engineer of Record
Stantec(EOR) to provide design, permitting, and construction services for the
rehabilitation of failing components at Lift Station 16 in the amount of$198,608.
As part of the original work order, the EOR performed a capacity assessment
that resulted in recommendations to upsize the wet well, pumps, electrical
Page 13
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
equipment, instrumentation and controls and associated force main in lieu of
the original scope of rehabilitating the existing infrastructure.
December 17, 2020, City Council approved Supplemental Work Order One to
provide additional design and construction services associated with the above
recommended capacity improvements at Lift Station 16 in the amount of
$248,966, increasing the work order value from $198,608 to $447,574.
Supplemental Work Order Two is for design and construction services
associated with the addition of a canopy structure with cladding/screening as
well as more robust landscaping/irrigation to better screen the facility given the
lift station's proximity to Imagine Clearwater and bluff parcels proposed for
future private development.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the sanitary sewer collection system.
APPROPRIATION CODE AND AMOUNT:
3217321-530100-96686 $132,990
Funds are available in capital improvement project 321-96686, Pump Station
Replacement, to fund this work order.
In response to questions, Engineering Manager Jeremy Brown said Public
Utilities has 74 lift stations and 10 owned by other departments. Solar was
considered but the Engineer recommended against because it was not
deemed economically viable. It was deemed that the solar panels would not
have a significant impact to the energy usage. The City Manager said staff is
looking at larger opportunities that would provide a bigger impact. Mr. Brown
said the site is located next to the Causeway with development to the South
and East and it was determined there was not enough sunlight captured in
the day to make the solar panels economically viable.
7.2 Approve the final plat for Bayside Pointe whose physical address is 2481 Druid Road
East located 1/4 mile west of US Highway 19 North. (consent)
This plat will create 36 attached dwelling units.
The whole property consists of 2.6 acres more or less.
Approved through DRC on June 4, 2020.
7.3 Approve the final plat for Sharkey Townhomes whose physical address is 2444 Sharkey
Road located 640 feet west of Old Coachman Road. (consent)
This plat will create 8 attached dwelling units.
The whole property consists of 1 acre more or less.
Page 14
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Approved through DRC on February 4, 2021.
8. Planning
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3065 Cleveland Street, and pass Ordinances 9549-22, 9550-22, and 9551-22
on first reading. (ANX2022-01004)
This voluntary annexation petition involves a 0.15-acre property consisting of
one parcel of land which is vacant. The property is located on the south side of
Cleveland Street approximately 180 feet west of North McMullen Booth Road.
The applicant is requesting annexation to incorporate the property into the
overall campus of Calvary Church. The property is located in an enclave and is
contiguous to existing City on all sides. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Urban (RU) 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 is currently vacant and receives no services from the City
or Pinellas County. The applicant is requesting annexation in order to
develop the property as additional parking for the Calvary Church
campus in the future; therefore, access to urban infrastructure (e.g., city
sewer) is not requested at this time, but might be applicable in the future
should the church's needs change. The property is located within Police
District III and service will be administered through the district
headquarters located at 2851 McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
#49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, water, police, fire
and EMS service. 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 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.
• The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
Page 15
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
This designation primarily permits residential uses at a density of 7.5
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District.
Because the proposed use of the property is off-street parking to
support the church and school campus, Future Land Use Map and
Zoning Atlas amendments would be required in the future prior to a
development application or building permit. 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 on all sides; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
8.2 Continue to a date uncertain: Approve the annexation, initial Future Land Use Map
designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas
designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass
Ordinances 9561-22, 9562-22, and 9563-22 on first reading. (ANX2021-12020)
This voluntary annexation petition involves 6.16 acres of property consisting of
two parcels of undeveloped land that are occupied by two existing billboards
governed by the Settlement Agreement between Pinellas County and
OUTFRONT Media LLC f/k/a CBS Outdoor, Inc., National Advertising Company,
Infinity Outdoor Advertising of Florida, Inc., and Viacom Outdoor, Inc. The
properties are located on the east side of US Highway 19 North approximately
1,170 feet south of Sunset Point Road. One billboard is located towards the
northwest corner of the site, approximately 125 south of the northern property
line, and the other one is located at the southwest corner of the site parcel,
approximately 35 feet north of the southern property line. Based upon a review
of historic aerials, the northern billboard appears to have been constructed in
1967/1968 and the southern one sometime between 1975-1979. The applicant
is requesting annexation in order to receive sanitary sewer and solid waste
service from the City upon site development. The properties are located in an
enclave and are contiguous to existing City boundaries in at least one direction.
It is proposed that the properties be assigned a Future Land Use Map
designation of US 19-Neighborhood Center (US 19-NC) and a Zoning Atlas
designation of US 19.
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:
• Upon development of the two vacant parcels, water service will be
provided by Pinellas County, and sanitary sewer service will be provided
by the City of Clearwater; however, easements will likely be needed to
extend sewer service from South Drive or Carlton Drive. The applicant is
Page 16
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
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 properties are located within Police District III
and service will be administered through the district headquarters
located at 2851 McMullen Booth Road. Fire and emergency medical
services will be provided to these properties by Station #48 located at
1700 North Belcher Road. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS
service. The properties will 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.7.2.5 Unincorporated property within the Clearwater
Planning Area located within the US 19 Corridor redevelopment
area shall be designated through an amendment to the Future
Land Use Map with the appropriate future land use category upon
annexation, consistent with the US 19 Regional Center, US 19
Neighborhood Center and US 19 Corridor future boundaries
depicted on Map A-17.
• The proposed US 19-Corridor (US 19-C) Future Land Use Map category
is consistent with the future boundaries depicted on Map A-17, US 19
Corridor Redevelopment Area, and primarily permits a mix of uses at a
floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned
to the properties is the US 19 District. The proposed annexation is
therefore consistent with the City's Comprehensive Plan and
Community Development Code;
• As indicated above, the two billboards are governed by a Settlement
Agreement in Pinellas County. Upon annexation, that agreement will not
be binding on the city, however, the billboards will be treated as
nonconforming uses/structures and will be governed by Community
Development Code Article 6 Nonconformity Provisions. These
provisions will only permit the normal repair and maintenance of the
signs and will prohibit any changes being made to the signs that would
increase the nonconformity such as changes in materials, increases in
Page 17
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
height or width, etc. Further, in the event the signs are damaged or
destroyed beyond 50% of their value, the signs cannot be repaired or
rebuilt and will need to be removed.
Applicable Objectives and Policies of the Comprehensive Plan are as
follows:
Objective A.3.1 All signage within the City of Clearwater shall be
consistent with the Clearwater sign code, as found within the
Community Development Code, and all proposed signs shall be
evaluated to determine their effectiveness in reducing visual clutter and
in enhancing the safety and attractiveness of the streetscape.
Policy A.3.1.2 Proliferation of billboards along major collector and arterial
streets shall be prevented as is currently provided.
The annexation will not result in the proliferation of billboards as the
billboards currently exist. Community Development Code Section
3-1804.0 prohibits billboards and no new billboards can be erected on
the property. The proposed annexation is consistent with city
regulations;
• The proposed US 19-Neighborhood Center (US 19-NC) Future Land
Use Map category assigned to the two unaddressed properties will
require an amendment to the Countywide Plan Map from Retail &
Services (R&S) to Activity Center (AC);
• The properties proposed for annexation are contiguous to existing City
boundaries in at least one direction; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
9. Information Technology
9.1 Authorize the piggyback of Omnia Contract Number MA3458, to CDW-G, of Vernon Hills,
IL, in the amount of$656,241.24, pursuant to Clearwater Code of Ordinances Section
2.563(1)(c), Exceptions to Bid - Piggyback or Cooperative Purchasing, and authorize the
appropriate officials to execute same. (consent)
Authorization is requested to piggyback Omnia Contract MA3458 for Software
Value Added Reseller CDW-G, pursuant to Clearwater Code of Ordinances
Section 2.563 (1)(c), Exceptions to Bid - Piggyback or Cooperative Purchasing,
for the utilization of Commvault hardware and software backup solutions in the
amount of$456,241.24.
This item also authorizes the use of a 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
interests.
Page 18
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
This authorization upgrades three devices of the current backup devices with
Commvault, extends maintenance on two devices, adds cloud backup services
to the organization's resiliency strategy, and provides professional services
support.
The CDW-G pricing includes five discrete devices and hardware and software
support services for three years, as well as implementation, and deployment.
In addition to the hardware and software maintenance, an additional $200,000 is
being requested for Fiscal Year (FY) 2024 for the upgrade of two additional
devices. The three-year expenditure will be as follows:
FY 22: $324,723.68 Appliance hardware & software purchase, implementation,
cloud services.
FY 23: $78,757.78 Hardware & Software maintenance, cloud services.
FY 24: $252,759.78 Appliance hardware & software purchase, implementation,
cloud services.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement projects 355-1_1908 and 355-M1912
to fund this purchase in FY-22.
Future maintenance (FY23 and FY24) will be budgeted in the Information
Technology operating budget, codes 5559864-530300 & 530500.
9.2 Authorize the piggyback of Florida State Contract 4323000-NASPO-16-ACS-SVAR,
Software Value Added Reseller (SVAR) Services, to Carahsoft, Reston, VA, in the
amount of$271,618.60, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c),
piggyback or cooperative purchasing, and authorize the appropriate officials to execute
same. (consent)
Authorization is requested to piggyback NASPO Software contract number
4323000-NASPO-16-ACS-SVAR for Network End-point Security Monitoring and
Management Software from Carahsoft Splunk for a three-year term from May 1,
2022 through April 30, 2025.
This authorization adds end-point security monitoring and management to the
City's network security portfolio.
The purchase includes cloud-based software services with security monitoring
module, professional implementation services, and an additional $25,000 in
contingency. Anticipated costs over the next three years are:
FY 22: $102,618.60 Software purchase, implementation services, and
maintenance
FY 23: $72,000 Software services
Page 19
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
FY 24: $72,000 Software services
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project 355-M1912 fund this
purchase in FY-22.
Future maintenance (FY23 and FY24) will be budgeted in the Information
Technology operating budget, code 5559864-530303, contractual service.
9.3 Approve a contract to First Arriving, LLC of Ashland, VA for digital signage and
dashboard software and installation services in the amount of$175,000.00 for the period
of April 01, 2022 through March 31, 2025 pursuant to Request for Proposal (RFP) 01-22,
Digital Signage Solution, and authorize the appropriate officials to execute same.
(consent)
Digital signage and dashboard software is used by various departments and at
many city facilities to update the employees and/or public of critical information,
requirements, events and opportunities within the organization or community.
This RFP award will provide digital signage services and replace/upgrade
existing solutions that have been in various locations for more than 5 years.
The RFP covers the hardware, installation, and integration costs for several
immediate needs (Fire and Planning Departments), and we are budgeting to
bring in Public Utilities, Solid Waste, Library, and Parks & Recreation on board
in the near term.
The amount requested includes a contingency of approximately 15% in the
event additional services are requested and to cover any applicable increases.
APPROPRIATION CODE AND AMOUNT:
Funds have been budgeted in CIP 355-C2007 for the first phase with ongoing
operating costs to be included in the Information Technology operating budget
as a contractual Service 5559862-530300. Additional departments will request
funding as part of the budget process.
10. Solid Waste
10.1Authorize purchase orders to multiple vendors as listed, for various plumbing replacement
and repair parts, in the cumulative annual not-to-exceed amount of$425,000.00 through
the expiration of vendors respective term of contract or January 24, 2025, whichever
comes first, pursuant to Clearwater Code of Ordinances Section 2.561(5) Small
purchases, Section 2.563(1)(b) Micro purchases, and Section 2.563(1)(c) Piggyback
purchasing and authorize the appropriate officials to execute same. (consent)
Page 20
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
The Building and Maintenance Division (B&M) is responsible for repairs of
plumbing issues citywide. B&M staff is requesting the ability to piggyback
existing contracts for various plumbing projects throughout the City for the
duration of their respective contract. This will allow B&M to benefit from
previously negotiated prices for the various items required.
Piggyback Contract:
Pinellas County Schools (PCS) ITB 22-670-081, Plumbing Supplies valid
through 01/24/2023 with two, one-year renewal options.
• Tampa Winsupply of Tampa, FL
• Ferguson Enterprises, Inc of Atlanta, GA
Marion County Public Schools #3904GM, Plumbing Supplies valid through
November 30, 2022 with three, one-year renewal options.
• Best Plumbing Specialties of Myersville, MD
• Ferguson Enterprises, LLC of Newport News, VA
• Home Depot USA Inc. dba The Home Depot Pro of Atlanta, GA
• Hydrologic Distribution Company of Pinellas Park, FL
• Total Maintenance Solutions South, Inc dba TMS South of Taylors,
SC
Small Dollar and Micro Purchases:
• Hughes Supply, Clearwater FL: for micro and small dollar
purchases
Flexibility of multiple vendors is requested to allow for expenditure of these
funds as needed throughout the year.
APPROPRIATION CODE AND AMOUNT:
5656531-550800
GSBM 1 80008-R&M - MATLS
These funds are available in the operating expense of Building & Maintenance
as budgeted in fiscal year 21/22 as well as funding available in the project.
11. Official Records and Legislative Services
11.1 Elect a councilmember to serve as Vice Mayor.
The city charter requires the City Council to elect one of its members as Vice
Mayor at the first meeting in April. Per City Council Rule 5, the office of Vice
Mayor shall be rotated amongst the councilmembers annually, with Seat 2
serving in this capacity in 2022.
Discussion ensued with council consensus to elect Councilmember
Page 21
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Beckman as the Vice Mayor. Staff was directed to place the item on the
Consent Agenda.
11.2Appoint Councilmembers to Regional and Miscellaneous Boards.
Staff was directed to implement the following changes and place the item on
the Consent Agenda:
Board (Date/Time of Meeting) Delegate
Audit Committee Hibbard
(Meets as required) Herb McLachlan, citizen
Lisa Burley
American Public Gas Association am l+„H Hibbard
(Chuck Warrington -Gas) u,hh,_ rd It
(meet 4 times a year-move around the Country)
Area Agency on Aging of Pasco/Pinellas Kerry Marsalek
(3rd Monday of the month-9:30 a.m.) Office on Aging Mgr
Location:AAAPP in St. Pete
Barrier Island Governmental Council HaMilten Teixeira-Voting Del.
(4th Wednesday of the month-9:00 a.m.; two-year term) Beckman -Alt.
Location: TBA(Meeting place rotates) Hibbard -Alt.#2
Clearwater Arts Alliance Beckman
(4th Tuesday of the month-4:00 p.m.)
Location: Johnson, Pope, Bokor, Ruppel & Burns, 911 Chestnut St., 33756
Courtney Campbell Scenic Highway Citizen Advisory Committee Bunker
(Quarterly on 3rd Friday of the month-10:00 a.m.)
Homeless Leadership Alliance Beckman
(1st Friday of the month-1:00 p.m.)
Location: Hospice of the Florida Suncoast on Roosevelt Blvd.
Mayor's Council of Pinellas County Hibbard
(1st Wednesday of the month-11:30 a.m.)
Pinellas Collaborative Committee Hibbard
(Meet as needed-9:00 a.m.)
Location: 600 Cleveland St., Suite 750
Pinellas County Aircraft Noise Abatement Task Force Sean Schrader(At Large)
(Quarterly-3:00 p.m.) Jerry Karp/Del Oro Groves
Location: St. Pete-Clearwater Int'I Airport-Conf. Room#234)
Page 22
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
School Transportation Safety Committee Rprkr on Bunker
(Meet as needed-9:30 a.m.)
Location: 600 Cleveland St., Suite 750
Suncoast League of Cities Board Beckman
(3rd Friday of the month-11:30 a.m.) u^-m.iIt ^ Teixeira-Alt.
Location: Different city every month
Tampa Bay Estuary Policy Board Beckman
(Quarterly on Friday-10:00 a.m.) Bunker-Alt.
Councilmember highly recommended
Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre,
Ste. 100, Pinellas Park
Tampa Bay Regional Planning Council (TBRPC) u�, mflte,I*^^ Teixeira
(2nd Monday-10:00 a.m.) Bunker-Alt.
Location: Tampa Bay Regional Planning Council, 4000 Gateway Centre,
Ste.100, Pinellas Park
The following Boards have the specific term expiration date noted:
Board (Date/Time of Meeting) Delegate
Bicycle Advisory Committee (BAC) Chip Haynes
Advisory Committee to the MPO Robert Yunk
(4th Monday each month-8:30 a.m.) Win Dermody
No seat terms Ric Hartman -Tech Support Rep.
Clearwater Representatives (appointments made by County)
Citizens Advisory Committee (CAC) Luis Serna
Advisory Committee to the MPO Bill Jonson
(4th Thursday each month-7:00 p.m.-4 year term)
Clearwater Representatives (appointments made by County)
Forward Pinellas Allbritton
MPO/PPC-(2nd Wednesday of the month-1:00 p.m.)
(term expires 9/30/25; four-year term)
Location: P.C. Courthouse, 5th Floor
Pension Advisory Committee (PAC) Hibbard
(2nd Thursday-9:00 a.m.) 4/4/2022
(two-year term) u�,�a,i-rs®,-'*^*^^ Teixeira
4/4/202226
Bunker
4/4/2023
Page 23
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Pension Investment Committee Sheldon Goldberg
(term expires 8/31/22; two-year term) (Resigned 11/19/21)
Pinellas Suncoast Transit Authority(PSTA) Allbritton
(4th Wednesday of the month-9:00 a.m.)
(term expires 9/30/24; three-year term)
Location: PSTA, St. Petersburg
Sister Cities Advisory Board u�,�a,i-rs®,-1*^*^^ Teixeira
(term expires 4/30/ 26; four-year term)
Appointments by other entities:
Downtown Development Board Ex-Officio Members Hihbard Teixeira
(CRA Trustees) Bunker
(1st Wednesday of the month-5:30 p.m.)
Florida League of Mayors Hibbard
Tourist Development Council Hibbard
(City Council makes recommendation/County makes appointment)
(term expires 10/31/24; four-year term)
WorkNet Pinellas Board * Beckman
(Quarterly-11:45 a.m.)
Location: Epicenter in Clearwater
*8/8/13 - Per Diana Day,Adm.Asst.,WorkNet Pinellas Board, an elected official is
no longer a requirement&there's no term expiration. Currently councilmember
Kathleen Beckman is a non-voting committee member and has the option to
attend this board.
11.3Appoint a representative to the countywide Opioid Abatement Funding Advisory Board.
(consent)
As a result of the national opioid crisis, many governmental entities throughout
the country filed lawsuits against opioid manufacturers, distributors, and
retailers, hereinafter referred to as the "defendants", to hold them accountable
for the damage caused by their misfeasance, nonfeasance and malfeasance,
as well as recover monetary damages for past harm and financial
compensation for ongoing and future abatement efforts.
The City of Clearwater, the City of St. Petersburg, the City of Pinellas Park
(hereinafter referred to as the "MDL Cities") and the County deemed the opioid
crisis significant enough to secure litigation counsel and individually elect to file
Page 24
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
suit against the defendants.
The lawsuits filed by the MDL Cities and the County were consolidated with
other lawsuits filed by state, tribal and local governmental entities into what is
known as the National Prescription Opiate Litigation in the United States District
Court of the Northern District of Ohio, Eastern Division, case number
1:17-MD-2804. As a result of this litigation, multiple defendants have begun to
negotiate settlements.
The Attorney General for the State of Florida (Attorney General) anticipates that
Settlement funds will be distributed to the State of Florida over multiple years as
part of a global settlement, and not directly to the MDL Cities and County,
despite their position as party plaintiffs, and the Attorney General has proposed
entering into agreements with local governments within the State of Florida to
receive Settlement funds. This agreement (hereinafter referred to as the "State
MOU"), as currently drafted, divides settlement funds into three portions:
City/County funds, Regional funds, and State funds.
The State MOU, which was approved by City Council on August 5, 2021,
provides for an Opioid Abatement Funding Advisory Board that will determine
guidelines for the use of the funding. The Board will be comprised of one
member from each of the parties (St. Petersburg, Pinellas Park, Clearwater and
Pinellas County), along with the Director of the Florida Department of Health in
Pinellas County or designee or someone with subject matter expertise in public
health or addiction who is not employed by a provider of opioid-related services
in Pinellas County.
The Interlocal Agreement states that the Opioid Abatement Funding Advisory
Board shall meet regularly and as often as needed to effectuate its
responsibilities, but no less than quarterly and on a schedule which allows the
Opioid Task Force to provide the data compiled for and arising out of its
quarterly meeting to the Opioid Abatement Funding Advisory Board for review
and consideration. The Agreement requires that the Advisory Board must
establish an annual process that includes each of the following:
A date certain each year by which the Opioid Abatement Funding
Advisory Board must meet and review the data available from previous
years, tending to evidence the local status of the opioid epidemic and the
effect of abatement programming.
The Opioid Abatement Funding Advisory Board must review the
programs and services of the beneficiaries of Pinellas County Regional
Funds to determine the outcome of such programs and services in
order to hold beneficiaries accountable.
The Opioid Abatement Funding Advisory Board must annually determine
funding, programs, services, and location priorities for the upcoming
year(s) (Opioid Abatement Funding Advisory Board Priority List).
The County will perform competitive solicitations for programming and
services based on the Opioid Abatement Funding Advisory Board
Priority List in accordance with a centralized, county-wide competitive
grant process similar to that which is attached as Exhibit B, and the
Page 25
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Pinellas Litigating Governments will be provided the opportunity to
participate in the review process.
Final Review recommendations will be approved by the Opioid
Abatement Funding Advisory Board, who shall present
recommendations to the BCC for approval. The BCC shall
accept/approve Opioid Abatement Funding Advisory Board
recommendations unless the BCC rejects such recommendations by a
vote of at least five of the seven commissioners.
Council may appoint a councilmember or a member of the executive team to
serve on this board. Since this board has power over public funds, and will need
to collaborate with other government stakeholders, a private citizen should not
be appointed.
Discussion ensued with council consensus to appoint Councilmember
Beckman. Staff was directed to place the item on the Consent Agenda.
11.4Appoint a member to the Sister Cities Advisory Board as the business community
representative for an unexpired term through March 31, 2024.
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6 + 1 At-large member
CHAIRPERSON: Michael Ballard
MEETING DATES: Quarterly
PLACE: Council Chambers
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc.,
the local business community, the School Board's World Language Coordinator
or designee, and the Clearwater Arts Alliance shall not be required to reside
within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Michael Brewster - 2665 Camille Drive, 34684 - Local Business Community
Rep.
(Resigned 2/10/2022)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Robert Kantor - 717 Eldorado Avenue, 33767
Page 26
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
(business owner; employer: Kantor& Smith LLC)
2. Martin D. Kelly - 1451 Sandy Lane, 33755
(radio show host; employer: Kelly Kelly Show)
3. Nicholas West - 111 N. Nimbus Avenue, 33765
(political analyst; employer: Republican Party of Florida)
Zip codes of current members:
1 - 33710
2 - 33761
1 - 33763
1 - 34683
1 - 34684
Discussion ensued with council consensus to appoint Martin Kelly. Staff was
directed to place the item on the Consent Agenda.
11.5Appoint a member to the Community Development Board to serve as the Alternate
Member for a term to expire April 30, 2026.
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Mary Lau
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library
APPTS. NEEDED: 1 Alternate member
SPECIAL QUALIFICATIONS: The city commission shall seek a membership
with diverse economic, social and professional representation and shall include
members qualified and experienced in the fields of architecture, planning,
landscape architecture, engineering, construction, planning and land use law
and real estate.
THE FOLLOWING ADVISORY BOARD MEMBER, SERVING AS THE
ALTERNATE MEMBER, HAS A TERM THAT EXPIRES ON 4/30/22 AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE
ALTERNATE MEMBER:
1. Muhammad Abdur-Rahim - 1028 N. Madison Ave., 33755 - Retired Public
Service
Page 27
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
Original Appointment: 6/3/21
(currently filling an unexpired term until 4/30/22)
Interest in Reappointment: No
(Alternate Member)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. Diane Achinelli - 904 Brigadoon Dr., 33756 - Senior Project Coord.
2. Samuel Hutkin - 755 Eldorado Ave., 33767 - Consultant*
3. Bill Jonson - 2694 Redford Court W., 33761 - Retired former
Councilmember/Project Mgr. *
4. Travis Norton - 310 Kerry Dr., 33765 - Community Relations*
5. Justin Perrino - 911 Alameda Ave., 33759 - Commercial Construction
Management
6. Benjamin Roy - 1412 N Fort Harrison Ave., 33755 - Real Estate
7. Nicholas West - 111 N. Nimbus Ave., 33765 - Political Analyst
*Listed work experience falls outside preferred professional background.
Zip codes of current members: 2 at 33755, 1 at 33756, 1 at 33761, 1 at 33764
and 3 at 33767
Current Categories:
1 Attorney
2 Engineers
1 Construction and Real Estate
1 Corporate General Counsel
1 General Contractor
1 Real Estate Broker/Developer
1 Retired/Public Service
Discussion was deferred to April 7, 2022.
12. Legal
12.1Authorize the City Attorney to hire Gray Robinson, P.A. to represent the City and Joseph
Roseto in the matter of Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Civil
Action No. 8:21-CV-02967-SDM-TGW, approve the Legal Services Agreement for an
initial amount not to exceed $50,000, and authorize the appropriate officials to execute
same. (consent)
Page 28
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
The City of Clearwater was served with a lawsuit alleging that Mr. Brooks' civil
rights were violated by events that occurred between 2014 and 2018.
The Code of Ordinances requires the City to protect and defend both current
and former employees in any civil action or proceeding in any state or federal
court arising out of any alleged act or omission which occurred or is alleged in
the complaint to have occurred while the employee was acting within the scope
of his public employment or duties.
The City Attorney has assigned defense of this lawsuit to Gregory Hearing, Esq.
of the law firm of GrayRobinson, P.A. The initial budget is $50,000 for this case.
Additional fees, if any, will be presented to Council for approval.
This agreement is exempt from bidding requirements pursuant to Section
2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-09600-530100, Professional Services, to
fund this contract.
12.2Request for authority to settle the case of SCI Pelican Walk, LLC v. City of Clearwater, et
al., Case No. 21-4719-CI, and authorize the appropriate officials to execute associated
settlement documents. (consent)
On June 17, 2021, the City Council declared Condominium Unit PUB of the
North Beach Plaza Condominium (Property) surplus for the purpose of sale
through "Invitation to Bid #46-21," whereby the successful bid was required to
meet the terms set by Council. Covenant Property Investors, LLC (Covenant)
was the successful bidder and entered into a real property sales contract
(Contract) with the City on September 22, 2021 in the amount of$12.5 million.
The Contract is assignable with council approval.
Subsequent litigation ensued between SCI Pelican Walk, LLC (SCI) on the one
hand and Covenant and the City on the other. The parties have agreed, pending
council approval, to settle the lawsuit with the following terms:
1. Covenant will assign the Contract to SCI.
2. SCI will close within 60 days of the City's approval of the assignment.
3. At closing, the City will be paid $12.5 million for the Property.
4. SCI will dismiss the lawsuit with prejudice and execute a release of all
claims against the City as well as the other defendants.
City staff recommends approval of the settlement terms and execution of the
associated settlement documents.
Page 29
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
APPROPRIATION CODE AND AMOUNT:
0109600-548000
12.3Approve the third amendment to the Legal Services Agreement with the law firm of
Manson Bolves Donaldson Varn to extend the term of the agreement through February
28, 2027 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. On November 4, 2021, council approved to
increase the contract by $25,000, for a new total not to exceed amount of
$100,000.
The original Legal Services Agreement approved in 2019 had a term expiring on
February 28, 2022. This third amendment extends the date of the agreement
through February 28, 2027 to ensure ample time for the resolution of the
litigation. There are no increased costs contemplated in this amendment.
12.4Adopt Ordinance 9515-22 on second reading, amending the future land use element of
the Comprehensive Plan to encourage development of affordable and missing middle
housing; amending the coastal management element to update the coastal storm area
and hurricane storm surge maps; adopting a new Comprehensive Plan element, the
property rights element, creating a new goal, objective and policies following statutory
language in accordance with House Bill 59 (2021)., amending the future land use element
of the Comprehensive Plan to encourage development of affordable and missing middle
housing; amending the coastal management element to update the coastal storm area
and hurricane storm surge maps; adopting a new Comprehensive Plan element, the
property rights element, creating a new goal, objective and policies following statutory
language in accordance with House Bill 59 (2021)., amending the future land use element
of the Comprehensive Plan to encourage development of affordable and missing middle
housing; amending the coastal management element to update the coastal storm area
and hurricane storm surge maps; adopting a new Comprehensive Plan element, the
Page 30
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
property rights element, creating a new goal, objective and policies following statutory
language in accordance with House Bill 59 (2021).
12.5Adopt Ordinance 9523-22 on second reading, annexing certain real properties whose
post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765
into the corporate boundaries of the city and redefining the boundary lines of the city to
include said addition.
12.6Adopt Ordinance 9524-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida
33765, upon annexation into the City of Clearwater as Residential Low (RL).
12.7Adopt Ordinance 9525-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 2306 and 2322 Anna
Avenue, all in Clearwater, Florida 33765, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
12.8Adopt Ordinance 9528-22 on second reading, designating certain real property located
at 900 North Fort Harrison Avenue, formerly known as the North Ward School, as a
historic property under Community Development Code Section 4-607.
12.9Adopt Ordinance 9531-22 on second reading, annexing certain real properties whose
post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater,
Florida 33759 into the corporate boundaries of the city and redefining the boundary lines
of the city to include said addition.
12.10Adopt Ordinance 9532-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in
Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential
Low (RL) and Residential Medium (RM).
12.11 Adopt Ordinance 9533-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1819 Diane Drive and
2704 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR) and Medium Density
Residential (MDR).
12.12Adopt Ordinance 9534-22 on second reading, annexing certain real property whose post
office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, together with
certain right-of-way of Calumet Street into the corporate boundaries of the city and
redefining the boundary lines of the city to include said addition.
Page 31
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
12.13Adopt Ordinance 9535-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765,
upon annexation into the City of Clearwater as Industrial General (IG).
12.14Adopt Ordinance 9536-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1944 Calumet Street, Suite B,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial,
Research and Technology (IRT).
12.15 Continue to a date uncertain: Adopt Ordinance 9537-22 on second reading, annexing
certain real property whose post office address is 2635 Woodring Drive, Clearwater,
Florida 33759 into the corporate boundaries of the city and redefining the boundary lines
of the city to include said addition.
12.16Continue to a date uncertain: Adopt Ordinance 9538-22 on second reading, amending
the future land use element of the Comprehensive Plan of the city to designate the land
use for certain real property whose post office address is 2635 Woodring Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential
Low (RL).
12.17 Continue to a date uncertain: Adopt Ordinance 9539-22 on second reading, amending
the Zoning Atlas of the city by zoning certain real property whose post office address is
2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
12.18Adopt Ordinance 9543-22 on second reading, annexing certain unaddressed real
property located on the east side of the road known as The Mall approximately 620 feet
south of Union Street, in Clearwater, Florida 33755 into the corporate boundaries of the
city and redefining the boundary lines of the city to include said addition.
12.19Adopt Ordinance 9544-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain unaddressed real
property located on the east side of the road known as The Mall approximately 620 feet
south of Union Street, in Clearwater, Florida 33755, upon annexation into the City of
Clearwater as Residential Urban (RU).
12.20Adopt Ordinance 9545-22 on second reading, amending the Zoning Atlas of the city by
zoning certain unaddressed real property located on the east side of the road known as
The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755,
upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
12.21Adopt Ordinance 9546-22 on second reading, annexing certain real property whose post
Page 32
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
office address is 1930 Ashland Drive, Clearwater, Florida 33763 into the corporate
boundaries of the city and redefining the boundary lines of the city to include said
addition.
12.22Adopt Ordinance 9547-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1930 Ashland Drive, Clearwater, Florida 33763, upon
annexation into the City of Clearwater as Residential Low (RL).
12.23Adopt Ordinance 9548-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1930 Ashland Drive,
Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
12.24Adopt Ordinance 9558-22 on second reading, amending the Operating Budget for the
Fiscal Year ending September 30, 2022, to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Program Fund, Parking Fund, and
Administrative Services Fund.
12.25Adopt Ordinance 9559-22 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2022, to reflect a net decrease of
$26,403,885.
12.26 Continue to a date uncertain: Adopt Ordinance 9561-22 on second reading, annexing
two certain unaddressed parcels along US Highway 19 North into the corporate
boundaries of the City of Clearwater and redefining the boundary lines of the city to
include said addition.
12.27 Continue to a date uncertain: Adopt Ordinance 9562-02 on second reading, amending
the future land use element of the comprehensive plan of the city, to designate the land
use for certain unaddressed real properties located on the east side of US Highway 19
North, approximately 1,170 feet south of Sunset Point Road, upon annexation into the city
of clearwater, as US 19-Neighborhood Center (US 19-NC).
12.28 Continue to a date uncertain: Adopt Ordinance 9563-02 on second reading, amending
the zoning atlas of the city by zoning certain unaddressed real properties located on the
east side of US Highway 19 North, approximately 1,170 feet south of Sunset Point Road,
all in Clearwater, Florida 33759, upon annexation into the city of Clearwater, as US 19.
13. City Manager Verbal Reports
The City Manager said a council work session for the purpose of holding a
facilitated strategic planning session will be held Monday, April 11, 2022 at
Page 33
City of Clearwater
Council Work Session Meeting Minutes April 4, 2022
9:00 a.m. The session will help inform staffs recommendations from a
budget standpoint and Council's strategic goals. He said he intends to
present staffs ARPA recommendations to the May 5 council meeting.
14. City Attorney Verbal Reports — None.
15. Council Discussion Item
15.1 Continuum of Care Update - Councilmember Beckman
Discussion deferred to April 7, 2022.
16. 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 regarding
annual measurable goals for the City Manager and the City Attorney at a
future meeting.
There was council consensus to hold the discussion at the May 2 work
session.
17. Closing Comments by Mayor— None.
18. Adjourn
The meeting adjourned at 10:17 a.m.
Page 34
City of Clearwater