03/01/2021 Council Work Session Meeting Minutes March 1, 2021
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, March 1, 2021
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes March 1, 2021
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor David Allbritton, Councilmember
Hoyt Hamilton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: William B. Horne II — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy
City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Hibbard
The meeting was called to order at 9:00 a.m.
2. Presentations — None.
3. Economic Development and Housing
3.1 Declare surplus for the purpose of sale, through Invitation to Bid 23-21, real property
located at 2150 Range Road whereby the successful bid: 1) exceeds $580,000; 2)
requires the property to generate ad valorem tax revenue; alternatively, an otherwise tax
exempt purchaser shall enter into a payment in lieu of taxes (PILOT) agreement for all city
portions of real property taxes, tangible property taxes, utility taxes and any other
applicable taxes; and 3) requires the property owner to increase the site's property value
through capital investment which must commence within one year of purchase. (APH)
The 1.547-acre (Pinellas County Property I.D. # 12-29-15-70182-100-1501) site
is a former state vehicle inspection facility with five drive-thru bays containing
6,150 SF of warehouse space with 1,725 SF of office space. The City acquired
the facility in August 2003 for $635,000 for use by City of Clearwater Fire
Department as a maintenance and repair facility. Facility is currently being used
for storage which is not economically proportionate to its value. The sale to an
employment-based private business will provide greater economic benefit to
City, and the employment retained and/or newly created by an appropriate user
will provide employment benefit to city residents.
Per City Charter 2.01, real property declared surplus shall be sold to the party
submitting the highest competitive bid above the appraised value whose bid
meets the terms set by the Council and whose proposed use of the property is
in accordance with the Council's stated purpose for declaring the property
surplus. Accordingly, all qualifying bids must meet the following terms:
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• Bid price shall exceed $580,000;
• Property must generate ad valorem tax revenue;
• Alternatively, an otherwise tax-exempt purchaser shall enter into a
payment in lieu of taxes (PILOT) agreement for all city portions of real
property taxes, tangible property taxes, utility taxes and any other
applicable taxes; and
• Property owner shall increase the site's property value through capital
investment which must commence within 1 year of purchase.
An appraisal was performed on the property by James Millspaugh and
Associates, Inc. The appraised value was $580,000 with a valuation date of
November 13, 2020.
Proceeds from sale will be deposited into the General Fund revenue code
010-00000-364220 (Surplus Land Sales).
In response to questions, Senior Economic Development Coordinator Phil
Kirkpatrick said the proposal does not include a restriction to selling the
property. The City Attorney said the agreement and its conditions travel with
the property. The property will require life safety improvements and some
deferred maintenance issues. The City does not have any current PILOT
agreements. She said, in the past, Condon Gardens Housing Authority had a
PILOT agreement. The City will include the PILOT condition if it owns the
property. Mr. Kirkpatrick said commercial real estate contracts typically
include an environmental assessment as a condition to purchase.
3.2 Approve the post-closeout Brownfield Revolving Loan Fund Sub-Grant Program
Application and Application Approval Sheet in substantially the form as presented in
Appendices A and B of RLF Final Expenditures and Closeout Plan for EPA Cooperative
Agreement No. BF-98487299; and delegate authority to Director of Economic
Development and Housing Department to award sub-grants. (consent)
To support redevelopment initiatives and provide direct economic benefit to the
city's sensitive populations and areas suffering from environmental justice
issues, the city will utilize sub-grants to eligible non-profit, quasi-governmental,
units of local government, community redevelopment agencies (CRAs), and
qualified community development entities utilizing Restricted Program Income
received/to be received from repayment of loans made from EPA Brownfield
Pilot Grant BF-98487299.
Under the program, use of funds will be limited to brownfield activities including:
Phase I and II Environmental Site Assessments; planning activities for the
assessment, cleanup and re-use of brownfield sites; cleanup/remediation
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activities of eligible properties; entering a property into the State Brownfields
program; outreach and distribution of materials and programmatic costs to
manage and oversee the work being performed; and programmatic support
including required EPA reporting, ACREs database maintenance, meeting
preparation and attendance, and final closeout documentation.
In consideration of sub-grant awards, an Application (Appendix A) will require
the following elements:
• Details about the Applicant including contact information, organization
type, and management of the applicant.
• The property for which the grant monies are to be spent.
• The type and nature of environmental problems that exist or the type of
investigation which is to be completed with the grant.
• Description of the improvements to be done on the property or a project
description plus:
■ Number jobs and/or businesses to be created,
■ If housing the percentage of affordable housing units to be created,
and
■ Economic impact.
• Type of funding requested such as Phase I assessment, Phase 2
investigation, cleanup and/or remediation.
• Project schedule.
An Application Approval Sheet (Appendix B) will used by city staff for evaluation
of Phase I and II Assessments and by city staff and the Brownfield Advisory
Board to evaluate appropriateness of remediation requests and to determine
sub-grant award. Checklist elements include:
• Confirmation of conformance with the program requirements.
• Documentation of eligibility
• Evaluation of intended outcomes and benefits to city and community
Director of Economic Development and Housing Department will have the
authority to award sub-grants to approved applicants by written agreement up to
$50,000. Sub-grants over$50,000 and up to $100,000 will require approval of
the City Manager, and Sub-grants over $100,000 will require approval of City
Council.
Background
In accordance with the Closeout Agreement, dated April 18, 2012, between the
U.S. Environmental Protection Agency (EPA) and the City of Clearwater, the city
submitted, and the EPA approved, the RLF Final Expenditures & Closeout Plan
for EPA Cooperative Agreement No. BL-98487299.
The City currently has $470,911 available in Restricted Program Income from
the repayment of a loan for the cleanup of the site formerly known as
Clearwater Automotive Property. Upon CRA Board and Council approval, the
outstanding CRA loan for$325,440 will be repaid less 30% discount for a total
repayment of$227,808, upon sale of the property or within five (5) years of
receipt of Site Rehabilitation Cleanup Order, or at the discretion of the CRA,
whichever comes first. Total funds for this Program will be $698,719.
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APPROPRIATION CODE AND AMOUNT:
Funds area available in special program 181-99802, Brownfield Revolving Loan.
USE OF RESERVE FUNDS:
N/A
4. Police Department
4.1 Approve Amendment No. 1 to Letter of Agreement and Contract with University of North
Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and
Management (IPTM) High Visibility Enforcement (HVE) for Pedestrian and Bicycle Safety
Grant Award to accept an additional grant award of$30,000 for police overtime and
authorize the appropriate officials to execute same. (consent)
On October 14, 2020, City Council granted approval of an Agreement with
University of North Florida Training and Service Institute (University) for phase 8
of the state HVE program to continue its grant-funded pedestrian and bicycle
safety project with Clearwater Police Department (CPD).
CPD has conducted seven grant-funded comprehensive
enforcement/education projects since March 2014 aimed at changing the
behavior of all who use Clearwater's roadways - pedestrians, bicyclists, and
motorists. The 2020 Agreement provided funding for an eighth round of funding
for this very successful project which is currently underway.
The University extended an invitation to CPD to request an additional $30,000 in
funding in order to expand the current project. The University requested and
received approval from the Florida Department of Transportation to amend the
agreement approved by Council on October 14, 2020, to reflect the additional
allocation of$30,000, which increases the total contract amount from $26,882
to $56,882.
The funds will be utilized by CPD to conduct additional HVE details at the
intersections selected and approved by the University based on crash data.
The project period will end on or before May 14, 2021.
There will be no direct adverse impact to the Police Department annual
operating budget nor is there a required match.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will reflect a budget increase of$30,000 in
grant revenue in special program G2106, Pedestrian/Bicycle Safety Grant 2021,
to account for the additional grant revenues and expenditures.
In response to questions, Police Chief Daniel Slaughter said the sites are
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selected by FDOT and include Gulf to Bay Boulevard and Belcher Avenue.
The Department discontinued much of the enforcement due to COVID. If the
risk is greater than the reward, the Department will discontinue the program.
5. Engineering
5.1 Approve a State Highway Lighting, Maintenance, and Compensation Agreement with the
Florida Department of Transportation (FDOT) for maintenance of lighting on state roads
and authorize the appropriate officials to execute same. (consent)
This agreement requires the City to maintain street lighting on state road
corridors in the city limits. This is a replacement agreement for one that has
been in effect since 2003. The City currently maintains 1,090 streetlights in the
State Highway System.
This agreement provides a process for FDOT to reimburse the City annually for
the cost to maintain the lighting system, including a 3% annual increase in the
unit rate per light and an increase from 90% to 95% in the first year for the total
number of lights used in the compensation calculation. Previous agreements
did not include these increases. The City anticipates a $294,409 compensation
in July 2021 under the current agreement, increasing to $320,073 in July 2022,
the first year of the new agreement.
The agreement term is seven years, through June 30, 2028 and can be
cancelled with two years advance notice by either of the maintaining agencies
(City of Clearwater or FDOT).
The Traffic Operations Division in the Engineering Department is responsible
maintaining the roadway lighting system.
In response to a question, Traffic Operations Manager Paul Bertels said the
City maintains 1,090 lights in the state system. Since the 1960s, Clearwater
has been proactive about street lighting. In 2002, the State started
reimbursing municipalities to maintain these lights. There are 665 lights on
the state system that are owned by Duke Energy that the City pays a rental
maintenance fee.
Council thanked Mr. Bertels for his years of service and wished him a happy
retirement.
5.2 Accept a Sovereignty Submerged Lands Easement from the Florida Department of
Environmental Protection, Bureau of Public Lands across Clearwater Harbor and the
Intracoastal Waterway for the maintenance of a subaqueous potable water main and
force main as part of Memorial Causeway Subaqueous Pipelines Project and authorize
the appropriate officials to execute same. (consent)
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The Memorial Causeway Subaqueous Pipelines Project (14-0041-UT) installed
a 24-inch replacement sanitary sewer force main across Clearwater Harbor
from Bayway Blvd. to State Road 60 and a 20-inch water main across the
Intracoastal Waterway from the Memorial Causeway to Drew Street.
City Council accepted a 25-ft. Submerged Lands easement from the Florida
Department of Environmental Protection (FDEP), Bureau of Public Lands on
August 17, 2017 for the construction, installation, and maintenance of the
proposed subaqueous mains, but the FDEP never fully executed the original
easement. This revised 25-ft. submerged lands easement is based on the "as
built" location of the subaqueous sanitary sewer force main across Clearwater
Harbor from Bayway Blvd. to State Road 60, which slightly altered the legal
description of the original easement location. All other items in this revised
easement remain unchanged. Accepting this easement authorizes the City of
Clearwater to maintain its subaqueous force mains across Clearwater Harbor
Sovereignty Submerged Lands.
Staff recommends acceptance of the easement.
5.3 Accept a boardwalk easement from NESC, LLC for the purpose of maintenance and
general public use of a public boardwalk on real property located at 443 East Shore
Drive and adopt Resolution 21-08.
The City entered into a Development Agreement (Agreement) with a developer of
the 443 East Shore site in 2012, but the development never commenced. As the
successor to the original developer, NESC, LLC, and the City entered an amended
agreement for the 443 East Shore site on January 22, 2018.
The Agreement contemplates that NESC, LLC, will construct a boardwalk and
permit the public to use the boardwalk and new sidewalk at the north end of the
proposed boardwalk, to connect the boardwalk to East Shore Drive. The south
end of the boardwalk will connect to the city-owned Papaya Street Plaza.
The City and NESC agreed to the terms of the boardwalk easement where the
general daily and regular upkeep and maintenance of the boardwalk shall be the
duty and responsibility of the City. All structural upkeep, maintenance, and
replacement of the boardwalk shall be the duty and responsibility of the
developer, NESC, LLC.
Staff recommends acceptance of the easement.
6. Finance
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6.1 Approve revised Fiduciary Investment Committee Charter for the City's defined
contribution retirement plans. (consent)
The Fiduciary Investment Committee, consisting of city staff from Human
Resources, Finance, and other city departments, meets on at least a quarterly
basis to review and monitor investment performance under the City's ICMA 457
deferred compensation plan and ICMA 401a retirement plan, with the
assistance of an investment consultant. The Committee recommends
termination, replacement, and addition of money managers as appropriate,
among other duties.
City Council previously approved a Fiduciary Investment Committee Charter for
the City's defined contribution plans in September 2013. Staff is requesting
approval of a revised Charter at this time.
Changes to the Charter include revisions to the composition of the investment
committee to provide flexibility to assist in obtaining volunteer participation on
the committee. Other changes are minor clarifications and clean-up of the
Charter language.
In response to a question, Finance Director Jay Ravins said staff does not
designate members, the language is included to address emergency
situations.
Discussion ensued with staff direction provided to include language allowing
citizens to be appointed by city council. There was council consensus to
continue the item to the next meeting.
7. Public Utilities
7.1 Authorize an annual increase to contract no. 900634 to T. Wayne Hill Trucking, Inc of
Bartow, FL, for biosolids disposal services in an annual amount of$380,000 for a new
not to exceed total of$970,000 for the remainder of this term with one renewal option and
authorize the appropriate officials to execute same. (consent)
The City of Clearwater's Water Reclamation Facilities (WRF) produce a
residual product (biosolids) that requires hauling and disposal. This increase is
required to accommodate the increase in cost for Sludge hauling and disposal
due to regulatory changes.
The Procurement Division issued Invitation to Bid (ITB) #34-19, Biosolids
Management Services on June 12, 2019 and four responsive bids were
received. T. Wayne Hill Trucking, Inc. was the lowest responsive, responsible
bidder for Base Bid Services at $25.97/wet ton for stabilized biosolids cake
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removal and disposal and $0.0300/gallon for liquid sludge transport via land
application method.
In an effort to accommodate other means of disposal, ITB #34-19 included
alternate bid items to be used if an issue arose that prevented the primary
method of disposal. T. Wayne Hill Trucking, Inc was the lowest responsive,
responsible bidder for all alternate bid items as well.
In the spring of 2020, the Florida Legislature passed Senate Bill 712 which
significantly constrains land application of Biosolids in the state. Land
application of Biosolids was the disposal method specified in the base bid of
this contract. On March 23, 2020, T. Wayne Hill Trucking, Inc. transitioned to
alternate bid item 2A Residuals Management Facility [RMF] disposal option of
ITB #34-19 as T. Wayne Hill Trucking, Inc. was unable to secure suitable land
application sites. The alternative bid unit price of$55.87 per ton for sludge
disposal shall continue to be used, provided the base bid services remain
infeasible.
The contractor accepts full responsibility and liability for the hauling and disposal
of biosolids from the points of loading from the source facility, 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 original contract became effective on September 1, 2019, for an initial
one-year period with 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 are available in Public Utilities' cost center 530300 Other
Contractual Services.
7.2 Authorize the award of Invitation to Bid 12-21, Reverse Osmosis (RO) Plant Cartridge
Filters, to Harrington Industrial Plastics LLC, of Tampa FL and Harn R/O Systems, Inc, of
Venice FL for a cumulative annual not-to-exceed amount of$200,000.00 with the option
for two one-year renewals at the City's discretion and authorize the appropriate officials
to execute same. (consent)
Invitation to Bid (ITB) #12-21 Reverse Osmosis Plant Cartridge Filters was
issued on December 22, 2020. Four bids were received and were considered
responsive to the requirements set forth in the solicitation. Harrington Industrial
Plastics, LLC and Harn R/O Systems, Inc were selected as the lowest, most
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responsible bidders for Reverse Osmosis Plant Cartridge Filters. Award
recommendation is as follows:
Harrington Industrial Plastics, LLC - RO1 Primary Filter and RO2 Primary Filter
Harn R/O Systems, Inc-RO1 Alternate Filter and RO2 Alternate Filter
To ensure a continuity of supply, the Public Utilities Department requests the
flexibility to use either vendor as a secondary provider and will allocate a
cumulative annual not-to-exceed amount of$200,000 between these
contractors to provide cartridge filters as needed.
Public Utilities Department operates two reverse osmosis water treatment
plants that are equipped with cartridge filter pretreatment. The cartridge filters
remove particulate matter such as sand, grit, etc. from the source water to
protect the Reverse Osmosis Membranes. Cartridge filter usage rates are
determined by the quality of the water source, pre-treatment system efficiency
and RO cleaning frequency. Historical cartridge filter life ranges between 3 to
120 days depending on these factors. The contract quantities have taken these
life ranges into account.
The initial contract period will be March 17, 2021 through March16, 2022, with
the option for two one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY21 are available in Public Utilities' cost centers, cost code
550400, operating supplies.
Funding for future fiscal years (FY22 through FY24) will be requested within
contract calendar and spending limits.
8. Human Resources
8.1 Approve a contract with Baker Tilly US, LLP, in the amount of$26,500, for executive
recruitment services for the position of City Manager and authorize the appropriate
officials to execute same.
In February 2021, Request for Proposals #15-21 executive recruiting services
was issued. Nine qualified responses were received and evaluated by an RFP
committee consisting of the City Attorney, Finance Director, and Human
Resources Director. Baker Tilly was selected to serve as the executive
recruitment firm to handle the recruitment of the City Manager. This agreement
includes the following: development of a position profile, advertising, and
candidate outreach, applicant screening and assessment; recommendation of
semi-finalist; comprehensive background, academic verifications, and
reference checks; on site interviews, and negotiation assistance. The $26,500
authorization is an all-inclusive professional fee, and the firm can begin
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immediately upon approval, with an anticipated completion date of 120 days,
however, there is flexibility in the time frame.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109902-530100, professional services, to
fund this contract.
In response to questions, Human Resources Director Jennifer Poirrier said
the process will begin upon council approval. There are options for
community involvement, such as an online survey or onsite visits with the
finalists. Baker Tilly representative Art Davis said the firm does
not intentionally recruit individuals they have placed. Regarding recruits
leaving within 1 year, there were approximately 3 incidents within a 5-year
timeframe that occurred because a spouse would not relocate, the job
placement was not a goof fit and due to a family crisis. Council will see a
diverse pool of up to 14 semifinalists, Council will narrow the group down to
finalists for onsite visits.
9. Official Records and Legislative Services
9.1 Appoint three members to the Library Board with terms to expire February 28, 2025.
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Library Director
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Donna Dennis
MEETING DATES: Quarterly
PLACE: Main Library
APPTS. NEEDED: 3
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH
EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE:
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1. Andrew Lorenti -2063 Butternut Cir E., 33763
Original Appointment: 12/5/19
(was filling an unexpired term until 2/28/21)
Interested in Reappointment: Yes
2. David Loyd - 1710 Brentwood Dr., 33765
Original Appointment: 4/6/17
(was serving 1 st term until 2/28/21)
Interested in Reappointment: No
3. Barbara Ann Murphey - 1304 Jeffords St., 33756
Original Appointment: 1/13/11
(was serving 2nd term until 2/28/21)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCIES:
1. Timothy Promen - 309 S. Mars Ave., Apt 1, 33755
Zip codes of current members on board:
1 at 33755
1 at 33756
1 at 33759
1 at 33763
2 at 33765
1 at 33767
There was council consensus to appoint Timothy Promen and reappoint
Andrew Lorenti and Barbara Ann Murphy. Staff was directed to place the
item on the Consent Agenda.
9.2 Appoint one member to the Community Development Board to fill an unexpired term
through February 28, 2023.
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
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MEMBERS: 7 & 1 alternate
CHAIRPERSON: Michael Boutzoukas
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library APPTS. NEEDED: 2
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED FROM
THIS BOARD AND NOW REQUIRES REPLACEMENT BY A NEW
APPOINTEE:
1. Christopher Anuszkiewicz - 1007 Mandalay Ave., 33767 - Landscape Architect
Original Appointment: 2/19/15
(was serving 2nd term until 2/28/23)
Resigned: 1/12/21
THE FOLLOWING ADVISORY BOARD MEMBER IS CURRENTLY SERVING
AS THE ALTERNATE MEMBER:
1. Nils Kushta - 2387 Hazelwood Ln., 33763 - Building Contractor
Original Appointment: 11/05/20
(currently filling an unexpired term until 4/30/22)
Alternate Member
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCIES:
1. Brenda Dallas Griffith - 2055 Wilson Blvd., 33755 - Real Estate
2. David Jaye - 2856 Shady Oak Court, 33761 - Real Estate
3. Nils Kushta - 2387 Hazelwood Ln., 33763 - Building Contractor
(Currently serving as the Alternate member)
4. Andrew Park - 3139 Hyde Park Dr., 33761 - Construction &Real Estate
Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33763, 2 at 33764
and 2 at 33767
Current Categories:
1 Architect
2 Attorneys
1 Building Contractor
2 Civil Engineers
1 Real Estate Broker
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Note - if Mr. Kushta is appointed to fill this vacancy, a motion will be needed to
appoint an individual to fill an unexpired term through April 30, 2022 as the
alternate member.
9.3 Reappoint John Quattrocki to the Community Development Board with a term to expire
February 28, 2025.
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: Michael Boutzoukas
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH
EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM:
1. John Quattrocki -1353 Stewart Blvd., 33764 - Real Estate Broker
Original Appointment: 9/3/15
(was serving 1st term to expire 2/28/21)
(0 absences in the last year)
Interested in Reappointment: Yes
Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33763, 2 at 33764
and 2 at 33767
Current Categories:
1 Architect
2 Attorneys
1 Building Contractor
2 Civil Engineers
1 Real Estate Broker
10. Legal
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10.1Approve the contraction of the Clearwater Cay Community Development District and
pass Ordinance 9437-21 on first reading.
CL Clearwater LP, a Delaware limited partnership; CL Clearwater LLC, a
Delaware limited liability company, doing business in Florida as CL
Tampa Clearwater LLC; CL Clearwater Owner 3 LLC, a Delaware limited
liability company; CL Clearwater Owner 4 LLC, a Delaware limited liability
company; CL Clearwater Owner 5 LLC, a Delaware limited liability
company; and CL Clearwater Owner 6 LLC, a Delaware limited liability
company, owners in Clearwater Cay Community Development District
(Petitioners), a community development district established by Ordinance
No. 7515-05, adopted on September 15, 2005 as amended by Ordinance
7564-05, adopted on January 19, 2006 of the City Council of Clearwater,
Florida, and effective on that date (City Ordinance), have petitioned the
City Council of the City of Clearwater, Florida (Council), through its Petition
to Amend Clearwater Cay Community Development District (Petition), to
contract by non- emergency ordinance, the boundaries of the Clearwater
Cay Community Development District (District).
The Petition is complete in that it meets the requirements of Section
190.046(1), Florida Statutes (2020). Appropriate city staff reviewed the
application and determined it to be complete and sufficient.
The costs to the City of Clearwater and government agencies from
contraction of the District are nominal. There is no adverse impact on
competition or employment from District contraction. The persons affected
by contraction are the future landowners, present landowners, the City of
Clearwater and its taxpayers, and the State of Florida. Methodology is as
set forth in the Statement of Estimated Regulatory Costs (SERC) on file
with the City. The SERC of the Petitioner pertaining to District contraction
is complete and adequate, in that it meets the requirements of Section
120.541, Florida Statutes.
Contraction of the District by this Ordinance, whose uniform general law
charter is Sections 190.006 - 190.049, Florida Statutes, is subject to and
not inconsistent with the local Comprehensive Plan of the City of
Clearwater and with the State Comprehensive Plan.
The area of land within the District as contracted is sufficient size, is
sufficiently compact, and is sufficiently contiguous and has been
developed as one functional, interrelated community.
The area that is proposed to be served by the District after the contraction
is amenable to separate special district government.
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Upon the effective date of this Ordinance. the Clearwater Cay Community
Development District will cease to be duly and legally authorized to exist
on the proposed Contraction Property and, as to the Contraction Property
shall cease to exercise any of its general and special powers in
accordance with, and as granted by, its uniform community development
district charter as provided in Sections 190.006- 190.049, Florida
Statutes.
All notice requirements of law were met and complete notice was timely
given.
APPROPRIATION CODE AND AMOUNT: N/A
In response to questions, the City Attorney said this property was released
from securing the bond several years ago. This property does not secure the
bonds. The assessments they currently pay are for the operation and
maintenance of the community development district. The item before Council
is a legislative matter. She said if the request is approved by Council, the
burden is shifted to the condominiums. There is no liability to the City. The
Attorney representing the petitioners will need 20 minutes at the
council meeting for their presentation. She said Council should offer the
same amount of time if the attorneys for the District choose to speak.
10.2Confirm COVID-19 Emergency Proclamation and adopt Resolution 21-11.
10.3Adopt Ordinance 9436-21 on second reading, correcting Ordinance 9431-20, correcting
a scrivener's error in the quarter section call of the legal description in the title block only.
11. City Manager Verbal Reports — None.
12. City Attorney Verbal Reports — None.
13. Council Discussion Item
13.1 PSTA/Forward Pinellas Update - Vice Mayor Allbritton
Vice Mayor Allbritton reviewed recent Forward Pinellas and PS TA activities.
PSTA will be transitioning to a new Care Ride provider, First
Transit Corporation and Bay Area Metro, that will operate the same hours as
the fixed bus service and increase wheelchair services to 50% from
25%. The Board approved a preliminary engineering and final
design contract with CDM Smith, Inc. for the Clearwater Intermodal Facility.
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City of Clearwater
Council Work Session Meeting Minutes March 1, 2021
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 to schedule a Tampa Bay Estuary
Program Interlocal Agreement Update and a discussion item on picnic tables
in the city parks.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 10:07 a.m.
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City of Clearwater