01/18/2022 Council Work Session Meeting Minutes January 18, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Tuesday, January 18, 2022
9:00 AM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
Roll Call
Present 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember
David Allbritton, Councilmember Kathleen Beckman, and
Councilmember Mark Bunker
Also Present: Micah Maxwell —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
The meeting was called to order at 9:00 a.m.
2. Presentations — Given.
2.1 Police Oaths
The City Clerk administered the Oath of Office to Police Officers: Matthew
Capone, Jonathon Kline, Benjamin McCallum, Adam Mengerink, Samantha
Negron, Kristen Pinsker, Damian Rios, Lauren Styles, and Cole VanDeusen.
3. Human Resources
3.1 Approve agreement between the City of Clearwater and The Kaleidoscope Group LLC,
for consulting services to complete a citywide Cultural Assessment at a cost of$241,980
and authorize the appropriate officials to execute same. (consent).
A Request for Proposal (RFP) #52-21 was conducted in September 2021, the
committee (comprised of the Diversity and Equity Manager, Assistant Human
Resources Director, Diversity and Equity Senior Analyst, C.R.A. Business
Assistance Admin, and Human Resources Analyst) unanimously selected
Kaleidoscope to perform a Cultural Assessment.
A cultural assessment is a process that provides for an evaluation of The City of
Clearwater's overall workplace culture. The consultant will conduct an
assessment that will analyze both the implicit and explicit beliefs and attitudes
held by the City of Clearwater and fostered by those associated with it.
Kaleidoscope has vast experience in this area to guide us through this process.
The assessment will commence in January 2021 and is anticipated to be
completed within one year.
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APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will increase Human Resources operating
code 0109231-530100, professional services, by $241,980 offset by an
allocation of General Fund reserves.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$241,980 to increase Human
Resources operating code 0109231-530100, professional services. Inclusive of
this item if approved, a net total of$316,980 of General Fund reserves has been
appropriated by Council to fund expenditures in the 2021/22 operating budget.
The remaining balance in General Fund reserves after the 8.5% reserve is
approximately $43.8 million, or 26.6% of the current General Fund operating
budget.
Human Resources Manager Sherman Stroman provided a PowerPoint
presentation.
In response to questions, Mr. Stroman said staff estimates approximately 1.5
years to effect change, which includes implementing policy changes. Senior
Human Resources Analyst Freda Daniels said that at some point, salary is
no longer a factor, applicants are not settling and choose workplaces based
on culture. Kaleidoscope Group CEA Chris Georgas said young talent in the
workforce are looking for organizations that believe in a diverse and inclusive
workplace.
3.2 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and IAFF Local 1158 for Fiscal Years 2021/2022, 2022/2023, 2023/2024
and authorize the appropriate officials to execute same. (consent)
The current collective bargaining agreement between the City of Clearwater and
IAFF Local 1158 expired on September 30, 2021. The parties reached a
tentative agreement for a new contract which has been ratified by the
membership.
The agreement is a three-year agreement providing for the following wage
adjustments.
Effective 10/1/2021:
New pay schedule for all IAFF positions.
Each IAFF member will receive the base pay plus $1800 for each year of
completed CFD service up to a max of 15 years.
In 2022 and 2023:
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$2200 will be added to each base pay
$2200 GWI to each member
$1800 Merit Pay Increase for employees who receive a rating of meets
standards or higher on their annual performance review.
This agreement also provides for the following changes:
Extended grievance deadlines from 10 to 30 workdays.
Changed promotion/demotion language to provide for slotting in the new
position based on placement in range of in current position.
Added family members under City's insurance to receive free access to
recreation facilities.
Added an Employee Fitness and Wellness incentive program with time off
awards.
Added Juneteenth as a holiday.
Added a vacation self-funding program, if 72 hours of vacation are taken, may
cash in up to 72 hours, must maintain a bank of 120, have no discipline, and a
meets standards performance evaluation. May utilize once annually.
Increases special teams pay from $30 to $50 and from $40 to $60.
Increased tuition reimbursement from $1700 to $2000.
APPROPRIATION CODE AND AMOUNT:
A cumulative estimated value of this agreement over the three year is
$2,074,940. The cost associated with the implementation of this agreement by
fiscal year (FY) is anticipated to be approximately as follows:
FY 2021/22 $940,341
FY 2022/23 $577,200
FY2023/24$557,400
Funding for the first year of this agreement (FY 2021/22) was included in a
combination of the Fire Department's personnel budget and General Fund
Non-Department as a contingency for contract negotiations. A first quarter
budget amendment will transfer $500,000 from Non-Department cost code
0107010-510100 to the Fire Department to provide the remaining funding
needed for this contract.
In response to questions, Human Resources Director Jennifer Poirrier said
Kelly days provides a day off during the work schedule to relieve overtime.
She said Kelly days were previously negotiated and not a change in the
contract. Fire Chief Scott Ehlers said the number one killer in firefighters is
heart disease, permitting play on the premises allows employees to maintain
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the expected fitness standard. Ms. Poirrier said firefighters also have station
duties that must be completed. All city employees and family members
enrolled in the City's health insurance plan may have access to a new
wellness incentive. The City does not have a true merit system, the
Department is in the process of overhauling the current evaluation system
that could incorporate a merit system. The industry standard for evaluation
systems is meet, exceeds, or below standards. She said it is typical in the
fire industry to start at the entry salary level no matter one's years of
experience. Chief Ehlers said this contract is transitioning to a step plan.
4. City Manager
4.1 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast
Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break
period of March 1, 2022 through April 30, 2022, with the City contributing a lump sum not
to exceed $88,343 and authorize the appropriate officials to execute same. (consent)
Alternatives for traveling to Clearwater Beach during the Spring Break season
are critical to the economic vitality of Clearwater and our tourism industry. The
City and PSTA propose utilizing the parking lot at 112 S. Osceola Ave as a park
and ride lot for the 61-day period commencing March 1, 2022, through April 30,
2022. Parking meters at the 112 S. Osceola Ave lot will be suspended during
this period. Instead of driving, users will have the option of taking the free Trolley
services to and from the Beach or paying to ride the Clearwater Ferry Taxi
Service. The Trolley service will be free only for people who board the trolley at
the 112 S. Osceola Ave lot park and ride site, at the Clearwater Beach Transit
Station on the north side of Memorial Causeway, or at the Clearwater Beach
Municipal Marina designated pick up location. PSTA is also working with
Pinellas County to allow for weekend overflow parking in the County's garage at
Osceola Ave and Court St.
PSTA currently provides regular service on several routes between Downtown
and Clearwater Beach, as well as north and south along the Beach. PSTA
operates the Suncoast Beach Trolley which runs from Downtown Clearwater
south to St. Pete Beach, and has an agreement with the Jolley Trolley to
operate a Beach circulator (North and South Beach routes), as well as the
Coastal route connecting to Tarpon Springs. As part of this additional
agreement, PSTA developed a service plan that will increase the number of
vehicles serving the Beach during the Spring Break season, especially on the
weekend periods from Friday through Sunday during spring break periods for
local school districts and during the three weekends of the Sugar Sands
Festival.
The proposed agreement sets forth the City's commitment to contribute a lump
sum not to exceed $88,343 towards PSTA's additional financial obligations,
including PSTA's agreement with the Jolley Trolley to provide enhanced service
on its Beach circulator routes during the Spring Break season. This amount is
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50% of the total cost; PSTA will provide the other 50%.
Riders will have significantly shorter wait times this season with additional
vehicles to maintain the service at 30-minute intervals Monday through
Thursday and 15-minute intervals Friday through Sunday. The free park and ride
service is planned to start at 10:00 AM and end at the regular close of service
(approximately 10:00 PM Sunday-Thursday and 12:00 AM Friday/Saturday). The
City and PSTA have developed a marketing plan that includes a media
campaign and promotional components. Directional signs for park and ride
locations and Dynamic Message Signs will also be deployed.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Engineering - Parking Division operating cost code
4351333-581000 (payment to agencies) to fund this agreement
5. Fire Department
5.1 Authorize a Purchase Order to Ten-8 Fire Equipment Inc., of Bradenton, FL, for the
purchase of one new Pierce Heavy Duty Velocity Pumper in an amount of$718,190.00 in
accordance with Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback;
declare G2610 surplus, effective upon receipt of the purchase vehicle, authorize for
disposal at auction or trade-in, whichever is in the best interest of the City, in accordance
with Clearwater Code of Ordinances Section 2.623, and authorize the appropriate
officials to execute same. (consent)
Clearwater Fire and Rescue is requesting authorization to purchase one
heavy-duty front-line pumper (engine) to replace Engine 48. Engine 48 (G3864),
purchased in 2012, will move to the reserve fleet to maintain required reserve
units and surplus G2610 purchased in 2001.
Clearwater Fire and Rescue has determined the Pierce Heavy Duty Velocity
Pumper built by Pierce Manufacturing meets the operational needs of the
department. A heavy-duty velocity pumper provides exceptional pumping water
capability, enhanced storage capability, lower vehicle profile, and will
significantly up-grade the abilities of the engine it replaces.
The full price for one fire engine is $718,190.00.
Clearwater Fire and Rescue performs fire and emergency medical services
(EMS) under a contract with the Pinellas County. This purchase was included in
the approved six-year capital improvement program planned for purchase in
fiscal year 2022/23 in project 91218, Fire Engine Replacement, to be funded
with Penny for Pinellas revenues and Pinellas County Fire tax reimbursement of
approximately 11.3% of purchase price. Due to supply chain issues, as well as
the ongoing price increases across the commodity market, Pierce
Manufacturing is expected to have a significant price increase estimated at
7-10%. Ordering on the current quote by January 31, 2022 will lock in current
pricing saving the City in excess of$50,000. The current build out for this
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engine is estimated at 16 months which results in delivery and payment in fiscal
year 2022/23 when funds are planned to be available. No funding is required at
this time.
This purchase is a piggyback of Florida Sheriffs Association Cooperative
Purchasing Program Contract#FSA20-VEF14.02, Fire Rescue Vehicles and
Other Equipment valid through March 31, 2023. The Department is
piggybacking off of FSA's base price of$579,986, and it would be impractical
under Sec. 2.563(1)(d) to separately bid the customization options because it
would be nearly impossible to coordinate the installation of those options and it
would jeopardize the vehicle warranty.
Estimated annual operating costs in the department's annual operating budget
include fuel and routine garage charges for operating the new vehicle. Garage
charges on the new vehicle are expected to be less than the replaced vehicle.
APPROPRIATION CODE AND AMOUNT:
Funds for this purchase are planned for fiscal year 2022/23 allocating Penny for
Pinellas funds and County Fire Tax reimbursement in capital improvement
project 91218, Fire Engine Replacement.
USE OF RESERVE FUNDS:
N/A
In response to questions, Fire Chief Scott Ehlers said, in addition to mileage,
maintenance costs, vehicle history, and pumping capability are considered
when placing an apparatus on a replacement schedule. The apparatus is
placed on the front line for 10 years and then placed in reserve for five years.
6. Gas System
6.1 Approve a tax service broker agreement with Fallbrook Tax Credits LLC of Calabasas,
CA, to manage the transfer of ownership of the City of Clearwater's Voluntary Clean-Up
Tax Credits (VCTC), pursuant to Invitation to Bid 44-21 and authorize the appropriate
officials to execute same. (consent)
The City of Clearwater issued Invitation to Bid #44-21, Brokerage Services for
Sale of Brownfield Tax Credits for the sale of seven City of Clearwater
Brownfields Voluntary Cleanup Tax Credit (VCTC) certificates. The VCTCs
were received between 2017 -2021 for a total amount of$785,886.07. To
maximize the City's optimum return on investment Fallbrook Tax Credits LLC
(Fallbrook) was selected, as they offered the highest return for each certificate.
The Florida Department of Environmental Protection (FDEP) administers the
VCTC program and awards certificates based on approved cost incurred for
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environmental remediation work. The two locations that received VCTC
certificates are:
• Clearwater Gas System:
o Location: Former Manufactured Gas Plant site, 777 Maple St
o Four certificates awarded for calendar years 2017, 2018, 2019 &
2020.
o Total amount: $744,076.07
• Economic Development and Housing:
o Location: Former CarPro property, 1359 Cleveland Street
o Three certificates awarded for calendar years 2018, 2019 &
2020.
o Total amount: $41,810.00
• Total certificate amount: $785,886.07
Tax credit selling price is determined by the marketplace. Transferable tax
credits are priced with a cents-per-dollar of credit purchase price. Fallbrook
provided a bid selling price of$0.9112 per dollar of each credit. Therefore,
Fallbrook will retain $69,786.68 in brokerage fees for selling off the credits and
the City will receive $716,099.39. Even though the brokerage fee is under
$100,000, this agreement still needs to be approved by Council due to the
indemnification language outlined in section 7 of the agreement.
The City has a five-year time frame, from the issue date on the original
certificate, to transfer the VCTC certificates to an entity that has a Florida
corporate income tax liability. When a transfer occurs, the five-year "clock"
restarts, the transferee will receive a certificate with a new issue date (date of
transfer) and the transferee will have five years from that date to use the
certificate. The certificate is not eligible to be sold once a new certificate is
issued.
The Florida Legislature created the VCTC program to encourage participants to
conduct voluntary cleanup of certain contaminated sites and brownfield sites in
designated brownfield areas. Participants may be private or public entities and
must enter into either a Voluntary Cleanup Agreement or a Brownfield Site
Rehabilitation Agreement (BSRA) under the provisions of FL Statutes 376.3078,
376.30781 and 376.82.
In response to questions, Senior Assistant City Attorney Laura Mahoney said
the voluntary tax credits program is through the state. Anyone who
participates in the program and enters into an agreement to clean up a site,
will be issued a tax certificate upon completing the clean up. She said the tax
credits offset corporate taxes. Since the City does not have corporate taxes,
the City can market the credits in the open market. There were five bidders.
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The City Attorney said the State created the program in the 90s when there
was a growing awareness of the problems associated with environmental
contamination. The program incentivizes private industry to do things that
were not in their economic best interest, but allowed companies to offset
some of their normal corporate tax through a tax credit. He said the State
also agreed to allow a tax exempt entity, such as a local government, that
participates in a clean up to transfer or sell the tax credits to private industry.
6.2 Accept a Gas Utility Easement from Cedar Hill Apartment, for the construction,
installation, and maintenance of gas utility facilities on real property located at 851 E.
Klosterman Road, Tarpon Springs, FL, 34689 and adopt Resolution 22-04.
Cedar Hill Apartment (Grantor) has granted a non-exclusive five-foot wide
natural gas easement, on property located at 851 E. Klosterman Rd, Tarpon
Springs, FL, 34689 (Parcel ID# 19-27-16-89442-000-0270) for the installation of
a natural gas distribution line. This line will serve residential apartments.
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.
6.3 Accept a Gas Utility Easement from City Square LLC, for the construction, installation,
and maintenance of gas utility facilities on real property located at 512 Cleveland Street,
Clearwater FL, 33755 and adopt Resolution 22-05.
City Square, LLC (Grantor) has granted a non-exclusive five-foot wide natural
gas easement, on property located at 512 Cleveland Street, Clearwater FL, 33755
(Parcel ID# 16-29-15-32274-005-0040) 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.
7. Parks and Recreation
7.1 Authorize a Guaranteed Maximum Price proposal to Khors Construction, Inc., of Pinellas
Park, FL, for the construction of a new pier and floating docks at the Clearwater
Community Sailing Center (CCSC) located at 1001 Gulf Boulevard in the amount of
$728,222.00 which includes a 10% contingency, pursuant to RFQ 40-20, Construction
Manager at Risk (CMAR) Services for Continuing Contracts; approve a first quarter
budget amendment to transfer $102,851.67 from project 93673 - Jack Russell Stadium
Improvements, $230,000 from project 93499 - Pier 60/Sailing Center Maintenance, and
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allocate $400,000 from general fund reserves all transferred to project C2210 -Sailing
Center Dock Replacement and authorize the appropriate officials to execute same.
(consent)
The City and Clearwater Community Sailing Center Association Inc. (CCSC)
initially entered into an agreement in 2002. On August 6, 2020, the City Council
approved a management agreement between the City and CCSC for continued
use of the Sailing Center.
Under this agreement, as well as previous agreements with CCSC, the City is
responsible for the capital maintenance of the building, piers, and docks.
There are two docks used by CCSC: one to the north and one to the south of
the property. Both docks require replacement and are deemed to be unsuitable
for continued use by patrons of the Sailing Center due to structural and
appearance issues. While not included in this proposal, the Sailing Center
building will require some major renovations at a later time, including a new roof,
structural repairs to the building and replacement of metal railing as well as
interior renovations.
On September 17, 2020, Council approved the award of RFQ 40-20,
Construction Manager at Risk (CMAR) Services for Continuing Contracts to
thirteen firms with Khors Construction, Inc., being one of the thirteen firms
selected.
This contract will include the removal of the existing docks, decking, pilings,
supports, and concrete associated with both the north and south docks, and
replaces both with new boardwalks and floating concrete docks, water and
electrical services, lighting, handrails etc. The pier and docks will be rebuilt in
the same location as they currently exist.
This is a 120-day contract, however it will not commence until approval of all
permits necessary to construct the new docks have been secured, which may
take four to six months.
Staff is requesting that the balance of funds allocated to Jack Russell Stadium
Improvements of$102,851.67 be transferred to address a more pressing need
at the Sailing Center as the scope of the Jack Russell project has changed to
include only the restroom renovations which have been completed. Funding of
$230,000 in the Pier 60/Sailing Center R&R project will be transferred to a new
project established to account for this capital upgrade (C2210, Sailing Center
Dock Replacement). The remaining funding to cover the contract costs and
10% contingency are being requested from an allocation of general fund
reserves in the amount of$400,000.
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APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will provide a transfer of$102,851.67 from
project 93673, Jack Russell Stadium Improvements, $230,000 from project
93499, Pier 60/Sailing Center, and an allocation of$400,000 of General Fund
reserves all transferred to project C2210, Sailing Center Dock Replacement.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment
allocating General Fund reserves in the amount of$400,000 to capital
improvement project C2210, Sailing Center Dock Replacement. Inclusive of
this item if approved, a net total of$716,980 of General Fund reserves has been
appropriated by Council to fund expenditures in the 2021/22 operating budget.
The remaining balance in General Fund reserves after the 8.5% reserve is
approximately $43.4 million, or 26.3% of the current General Fund operating
budget.
In response to questions, Parks and Recreation Director Jim Halios said
staff was addressing further years out within the capital improvement project
process but the project was moved up because two docks need be replaced.
Replacing both docks at the same would be cost effective. Based on the
level of use by Saint Petersburg College and Clearwater High School, staff
determined there is no need to upgrade the bathroom facilities at Jack
Russell at this time. He said Jack Russell is not a park facility as it is not
open to the public.
7.2 Approve First Amendment to Lease Agreement between Clearwater For Youth, Inc. and
the City of Clearwater, to provide additional office space and clarify agreement language,
and authorize the appropriate officials to execute same. (consent)
On April 21, 2005, the Council approved a 5-year Agreement between
Clearwater For Youth, Inc. (CFY), and the City of Clearwater, which expired on
January 31, 2010, and has been successfully renewed for additional five-year
periods since that time. The original Lease Agreement allowed for CFY to utilize
offices located at the Long Center as a base for their operations, and to provide
financial support to the CFY through in-kind services of general office space and
utility services.
This Amendment to the Lease Agreement will provide for additional language
which clarifies the provided utility services by the City and provides for additional
leased space for the CFY which is required due to their growing business
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needs. In exchange, CFY will contribute an additional $100,000 annually to
support various City Co-Sponsored Organizations, which benefit various youth
programs throughout the community.
Staff recommends amending the current lease agreement to provide for
additional office space, and to provide clarification of the in-kind services
provided by the City.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
In response to questions, the City Attorney said Vice Mayor Hamilton, as a
Clearwater for Youth Board Member, does not have a voting conflict. Parks
and Recreation Director Jim Halios said when facilities are leased to other
organizations, the City pays for the utilities. He said most organizations
operate during the City's operating hours.
Staff was directed to take the item off the Consent Agenda.
7.3 Approve Second Amendment to Lease Agreement between Clearwater Golf Club, LLC
and the City of Clearwater to increase the length of the Agreement by ten years, from May
1, 2011 through April 30, 2041, set a schedule to complete additional improvements to
the course by the Club, and authorize the appropriate officials to execute same.
(consent)
On April 26, 2011, the Council approved a 20-year Agreement between
Clearwater Golf Club, LLC. (Club) and the City for the operation of the property
known as the Clearwater Country Club, including an annual lease payment of
3% of gross revenue, and improvements to the course totaling approximately
$1.1 million dollars.
Staff has found that the Club's performance to be excellent including adhering to
all terms and provisions of the current Agreement including the improvements
to the course of approximately $1.1 million. Some of the capital investments
included renovation of the irrigation systems, bunkers, greens, drainage, parking
lot, on course restrooms, clubhouse dining and public areas, mechanical
systems in the building and construction and replacement of two pedestrian
bridges, a new maintenance building and the purchase of new modernized
maintenance equipment.
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The City and Club have determined that additional capital improvements of
approximately $1.2 million are needed to convert the tees, driving range and
fairways to a different grass variety which is easier to maintain, more drought
tolerant requiring less water; replace the cart paths; provide capital
maintenance to the parking lots, pedestrian bridges, HVAC system, and
clubhouse.
Staff recommends amending the current agreement to allow the Club an
additional ten years for the improvements they are making to the club.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
8. Police Department
8.1 Appoint Michael Kachurik to the Board of Trustees, Clearwater Police Supplementary
Pension Plan, in accordance with Florida Statute 185.05. (consent)
In keeping with the provision of Florida Statute 185.05, which states in part "
...the board of trustees shall consist of five members, two of whom, unless
otherwise prohibited by law, shall be legal residents of the municipality, who
shall be appointed by the legislative body of the municipality..."
Trustee Dirk Curls has indicated to the Board that he did not want to continue to
serve on the Board of Trustees of the Clearwater Police Supplementary
Pension Plan. His term expired on October 31, 2021. Michael Kachurik, who is
a legal resident in the City of Clearwater, has agreed to fill the seat vacated by
Dirk Curls.
The Board of Trustees of the Clearwater Police Supplementary Pension Plan
recommends that Clearwater resident (verified) Michael Kachurik be appointed
to the Board of Trustees. Mr. Kachurik has agreed to complete a four 4-year
term as trustee, replacing Dirk Curls, for the period commencing January 20,
2022, to October 31, 2025.
8.2 Approve an agreement between the City of Clearwater and Flock Safety of Atlanta,
Georgia, for License Plate Reader (LPR) equipment, monitoring and maintenance, in an
amount not to exceed $200,000.00, to commence upon execution of the contract and
expire four calendar years after the execution date, pursuant to City Code of Ordinances
Section 2.563(1)(a), Single Source, and authorize the appropriate officials to execute
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same. (consent)
On February 20, 2020, City Council authorized the purchase of technology and
equipment to implement and construct a Real Time Crime Center (RTCC)
within the main police headquarters building. The RTCC provides all facets of
the agency with live intelligence relating to emerging criminal threats, threats to
citizen/officer safety, and provides investigative leads using security cameras,
LPR cameras and various databases.
CPD concluded a no-cost testing and evaluation period with the Flock Safety
LPR equipment in August 2021. During the testing and evaluation period, the
Flock Safety LPR has generated the following activity as of December 21, 2021:
62 recovered stolen vehicles, 20 recovered stolen tags, 20 wanted persons, 15
other incidents (Baker Act assessments and missing / recovered subjects), and
5 recovered stolen firearms. The system has directly led to 106 total arrests
and the recovery of approximately $1,200,222 worth of stolen property.
Based upon this trial period and consultation with the City's IT Department,
CPD seeks approval to enter into an agreement with Flock Safety to provide
equipment and maintenance for 20 Flock LPR cameras, mounting poles and
power sources (solar) at a cost of$50,000.00 per year. The initial term for
these services is 12 months with the option to renew by mutual agreement for
three additional one-year terms.
This purchase is eligible for single source consideration because The Flock
Safety product is unique in its ability to function continuously using solar power
exclusively. The use of solar power is both environmentally friendly and
uniquely ensures the reliability of the product. the Flock Safety product is also
the only product available today that directly integrates with CPD's existing
"Axon Evidence.com" digital evidence management system and CPD's in-car
Axon Fleet 3 mobile-video camera system.
CPD anticipated this partnership and has funds available for the first year of this
agreement. Future fiscal year funding will be required through the annual
operating budget process.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY22 are available through 0101121-544100
Rentals-Equipment. Future fiscal year funding will be required through the
annual operating budget process.
9. Engineering
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9.1 Approve the request from the owner of property addressed 2637 Winding Wood Drive,
Clearwater to vacate 12 feet of a platted Drainage and Utility Easement, located on lot
52, Cypress Bend of Countryside Unit One, according to the plat thereof as recorded in
Plat Book 76, Page 10, of the Public Records of Pinellas County, Florida, and pass
Ordinance 9527-22 on first reading.
The property owner at 2637 Winding Wood Dr., Clearwater has requested that
the City vacate 12 feet of a platted Drainage and Utility Easement along the rear
of their property.
The purpose of this vacation will be to eliminate an encroachment of the existing
patio pavers.
There are no city utilities present within this easement. All private utility
companies have no objection to the vacation provided the property owner grants
easement or bears expense of facility relocation, if required. The remaining
easement will be sufficient for drainage & utility purposes and future city needs.
City staff have reviewed this vacation and have no objection.
9.2 Approve the final plat for Unity Church and Discovery Academy of Science, whose
physical address is 2465 Nursery Road and located on the southwest corner of Nursery
Road and South Haven Drive. (consent)
This plat is a partial replat and will create 2 lots on the property located at 2465
Nursery Road.
Lot 1 is approximately 2 acres with plans for future use as a place of worship
use. Lot 2 is approximately 5 acres planned for a proposed expansion of the
existing school.
This plat was approved through the Development Review Committee on
October 18, 2021.
9.3 Approve a purchase order increase to Parkmobile, LLC of Atlanta, Ga, for
reimbursement of transaction fees for mobile parking in the amount of$135,000 for a
new total of$356,060.00, pursuant to Clearwater Code of Ordinances Section 2.563 (1)
(c), Piggyback, and authorize the appropriate officials to execute same. (consent)
June 18, 2020, City Council approved a Parking Service Agreement for
pay-by-cell technology between the City of Clearwater and Parkmobile in an
amount not to exceed $221,060.00 for the period of July 9, 2020 through
January 31, 2023. Use of the Parkmobile parking application has an end user
fee of$0.35 per transaction which is charged to the end user. All transaction
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Council Work Session Meeting Minutes January 18, 2022
revenue is paid to the Parking Division, including the transaction fee which the
City later reimburses to Parkmobile.
The initial amount was estimated on usage of 631,600 transactions. Since the
purchase order was approved, the use of contactless payments has increased,
and the usage of coin has drastically decreased due to the pandemic. Also,
single spaced meters were replaced by multi-space pay stations increasing the
number of patrons choosing to use the mobile application.
It is now projected that expected transactions between February 2022 through
January 31, 2023, will be 546,000, an increase of about 385,714 transactions at
$0.35. With the new projection, the Parking Division is requesting an increase of
$135,000 for a new total of$356,060.00.
APPROPRIATION CODE AND AMOUNT:
4351333-530300 $135,000
Funds are available in cost code 4351333-530300,-Contractual Services, to
fund this increase. Future year funds will be requested as part of the budget
process.
In response to questions, Parking Manager Jeremy Alleshouse said the City
does not prepay, the City collects the fees and pays Parkmobile monthly.
Assistant City Manager Micah Maxwell said the contract exceeds the City
Manager's purchasing authority and reason why it is before Council. Mr.
Alleshouse said the fee is waived for residents.
9.4 Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc., of
Pinellas Park, FL, for additional design of Nash Street and Old Clearwater Bay
Improvements in the amount of$129,974.90 for a new contract total of$675,763.91
pursuant to Request for Qualifications (RFQ) 29-20 and authorize the appropriate officials
to execute same. (consent)
The existing stormwater infrastructure in the Old Clearwater Bay and Nash
Street neighborhoods is nearing the end of their useful lifespan.
The project will consist of replacing and or improving the potable water,
wastewater, stormwater systems, and reconstruction of the roadway, providing
reliable infrastructure for many years.
February 4, 2021, City Council approved RFQ 29-20 Nash Street and Old
Clearwater Bay Improvements to Advanced Engineering for initial design work
order in the amount of$545,789.01.
Supplemental work order 1 includes addition of a reclaimed water distribution
network within the Nash Street portion of the project. Scope includes design,
cost estimating, construction drawings, specifications, bid documents,
as-needed permit acquisition and limited construction phase services through
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Council Work Session Meeting Minutes January 18, 2022
the duration of the project. This proposed expansion of the reclaim water
system supports the City's Water Reclamation Facility Master Plan as well as
new legislation, SB 64, eliminating nonbeneficial discharge of reclaim water to
surface waters of the state.
The construction portion of this project will be bid using two separate contracts,
the Nash St. portion followed by the Old Clearwater Bay portion. Design of the
Gulf to Bay Estates neighborhood (referred to as Nash St.) has begun.
APPROPRIATION CODE AND AMOUNT:
32173217-530100-96739 $129,974.90
Funds are available in capital improvement project in amounts of$129,974.90 in
96739, Reclaimed Water Distribution System, to fund this work order.
In response to questions, Public Utilities Director Rich Garner said the City
will inform impacted customers closer to the start of
construction. Engineering Assistant Director Elliot Shoberg said the project
should be complete in a year and a half. The original work order did not
include reclaimed water for Nash Street. Mr. Gardner said a reclaimed
water master plan will determine where distribution lines will be located in
the future. He anticipates a master plan to be available in about three
years. He said the city uses less than 50% of available reclaimed water and
has until 2032 to fully implement the mandates in Senate Bill 64.
9.5 Approve a work order to Mead and Hunt, Inc. of Tampa, FL, for the Citywide
Transportation Mobility Assessment (21-0036-EN) in the amount of$352,800.00
pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing
Services (EOR), and authorize the appropriate officials to execute same. (consent)
The citywide traffic model developed under this task order will serve as the
baseline for future improvements and modifications and includes multimodal
gaps analysis to determine the difference between existing conditions and
future transportation visions.
The key components of a mobility assessment are data collection, development
of traffic software models, and analyses to document current transportation
system performance. With the assessment, the City will be provided the tools
to evaluate all proposed changes to the transportation system and have the
flexibility to perform the evaluation for the entire city or for a specific area of the
city.
The existing conditions effort will include developing special event traffic
management plans, reviewing FDOT signal timing plans, assessing optimal
intersection traffic control needs and identifying physical or operational
improvements at congested intersections. The future conditions effort will
develop a holistic look at future citywide mobility needs including future travel
demand, complete streets implementation, beach front traffic street patterns,
east-west mobility needs and alternatives, and intermodal integration of the
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Council Work Session Meeting Minutes January 18, 2022
mobility hub. The outcome will identify realistic and innovative transportation
investments, capital programming and project prioritization.
On June 20, 2019, City Council awarded RFQ 26-19, EOR Continuing
Services, with Mead & Hunt as one of the awarded firms.
This mobility assessment effort is anticipated to be completed in just under a
year, by November 2022.
APPROPRIATION CODE AND AMOUNT:
EN RD 180005-STDY-PROSVC
Funds are available in Capital Improvement Project ENRD180005, City-wide
Intersection Improvements, to fund the work order.
In response to questions, Engineering Director Tara Kivett said the firm will
look at the city as a whole. The State and County only obtain data for their
roads. She said staff wants to own the data and be more regionally relevant
in mobility assessments moving forward. The beach and one-way pairs and
other creative solutions to address traffic problems will be addressed. Staff
anticipates the study will be completed by the end of the year. The study
would be independent of what is being done to address Drew Street.
9.6 Approve a Road Transfer Interlocal Agreement (Agreement), which includes, as an
exhibit, an Assignment of Easement Agreement, between Pinellas County, Florida
(County) and the City of Clearwater (City), which will be presented to the Board of County
Commissioners for consideration, and authorize the appropriate officials to execute
same. (consent)
Over the years, annexations and road transfers have caused confusion
regarding the jurisdiction and responsibility for operating and maintaining
roadways in Pinellas County (including its twenty-four municipalities).
Therefore, Pinellas County engaged the Center for Urban Transportation
Research at the University of South Florida to aid in addressing transportation
planning and roadway policy initiatives in the county.
The goals of the policy include:
Simplifying and clarifying the system of jurisdiction to better provide services to
the citizens and to facilitate better understanding among county and municipal
officials.
Ensuring a logical road network recognizing the importance and efficiency of
connectivity and facility functional classification.
Maintaining or increasing the fairness of the system as it related to the
associated costs of roadway operations and maintenance.
Ensuring equity in the treatment of each jurisdiction.
Understanding that all transfer of existing responsibilities must be in accordance
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Council Work Session Meeting Minutes January 18, 2022
with Florida Statute and be mutually agreed upon (required by Ch. 335.0415
F.S.).
As a result, city and county staff have been cooperating for a period of years to
provide for the transfer of certain road segments and related easement
interests, from the County to the City to establish jurisdiction and provide for
proper operation and maintenance (O&M) of said roads and easements. The
Agreement contains the specific road segments and associated easements
that staff determined as appropriate for formal transfer to the City for O&M
purposes.
As stated, due to circumstances such as annexations, the subject road
segments have been, for all practical purposes, maintained by the City. This
Agreement formalizes the jurisdictional control of the segments, which join
segments already within the control and responsibility of the City.
9.7 Ratify and confirm purchase order to Engineer of Record (EOR) Hazen and Sawyer, of
Tampa, Florida, for Engineering support for the Marshall Street (MS) and Northeast (NE)
Water Reclamation Facilities (WRF) Digester Covers Evaluation and Repairs Project
(21-0022-UT) in the amount of$180,000.00 per City Manager's approval of emergency
procurement, Clearwater Code of Ordinances Section 2.563(1)(k) and authorize the
appropriate officials to execute same. (consent)
The City of Clearwater has two anaerobic digester tanks at its NE and MS
WRF's that convert organic matter into stabilized biosolids and methane (or
biogas).
The digesters are releasing small amounts of methane into the atmosphere
through suspected leaks in their floating covers. The methane produced by the
digesters is flammable and when mixed with air, can cause explosive
conditions.
Due to the potential threat to the plants and public safety, the City Manager
approved emergency procurement for engineering and construction services to
correct the issues.
The purchase order to Hazen & Sawyer (H&S) is to support the City's
contractor's required bypassing of the digesters, content removal, cleaning, and
inspection to complete the necessary repairs. Once repairs are made, the
digester process will be placed back into service. H&S's efforts will also include
support in managing the produced sludge while the digesters are offline.
The City plans to hire Rowland, Inc. to perform the construction work to
remediate the emergency at an estimated cost of$725,000.00. Engineering will
return to City Council later requesting approval to ratify and confirm the actual
construction cost once complete.
The work is anticipated to last up to three months and will be completed on a
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Council Work Session Meeting Minutes January 18, 2022
time and material basis using rates included in the existing 2019 EOR
Professional Services Agreement and the existing 2018 Sewer Point Repairs
Contract for H&S and Rowland, respectively.
APPROPRIATION CODE AND AMOUNT:
327-530100-96664 $180,000.00
Funds are available in Utility Renewal and Replacement Project 96664, Water
Pollution Control Renewal and Replacement, to fund this purchase order.
9.8 Approve the First Amendment to Contract for Purchase of Real Property by the City of
Clearwater, by and between the City (City) and Covenant Property Investors, LLC,
(Covenant) (collectively, the Parties), amending that certain Contract for Purchase of Real
Property between the parties entered into on September 22, 2021 (the Contract),
providing for the extension of time to close the sale contemplated therein of a city-owned
Parking Condominium containing 450 public parking spaces, (Parking Unit) located at
490 Poinsettia Street, Clearwater; and authorize the appropriate officials to execute
same, together with all other instruments required to affect closing. (consent)
On June 17, 2021, the City Council declared the Parking Unit 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 was the successful
bidder and, accordingly, entered into the Contract with the City.
Unforeseen circumstances outside of the control of the Parties have arisen,
specifically, litigation has been filed in the Sixth Judicial Circuit, Pinellas County,
Florida, styled SCI Pelican Walk LLC v. The City of Clearwater, et. al., (Case)
naming the City and Covenant as co-defendants. In short, the substance of the
Case challenges the City bid process. The pending case creates a cloud on
title.
The Parties now wish to extend the Closing Date as defined in the Contract until
such time as the property can be conveyed with clear title. Accordingly, the
Amendment contemplates, in relevant part, "The Closing Date as defined in
Section 10 of the Agreement is hereby amended to be sixty days after the
earlier of(i) the dismissal of that certain case pending in the Sixth Judicial
Circuit, Pinellas County, Florida, styled, SCI Pelican Walk LLC v. The City of
Clearwater, et. al., Case Number 2021-004719-CI (the Lawsuit), or other
resolution of the case that is acceptable to the Parties, or (ii) February 1, 2023."
City staff recommends extension of the Closing Date and approval of the
Amendment.
The council recessed from 10:59 a.m. to 11:09 a.m.
10. Planning
10.1 Provide direction on the proposed first amendment to an existing Development
Agreement between A P Beach Properties, LLC (the property owner) and the City of
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Clearwater for property located at 401/405/415/419 Coronado Drive and 406/410/420
Hamden Drive, which includes a revision to Exhibit B to provide new conceptual site
plans and elevations, expands the overall size of the site and reduces overall density, and
sets a new date by which time site plan approval must be obtained; and confirm a second
public hearing in City Council Chambers before City Council on February 3, 2022 at 6:00
p.m., or as soon thereafter as may be heard. (HDA2013-08006A)
Site Location and Existing Conditions:
The 1.759-acre site is comprised of eight parcels, five of which were included in
the original Development Agreement and an additional three proposed to be
integrated into the overall site design through this amendment. The subject site
is bounded by and has frontage along the following streets: approximately 420
feet of frontage along Coronado Drive (west), 370 feet of frontage along
Hamden Drive (east), and 220 feet of frontage along Fifth Street (north). The
larger (original) site is occupied by a surface parking lot, and the three smaller
adjacent parcels (new) are largely vacant with the exception of some pavement.
The overall subject site is zoned Tourist (T) District with an underlying future
land use category of Resort Facilities High (RFH) and is also located within the
Small Motel District of Beach by Design.
Access to the surface parking lot on the original site is currently provided by one
two-way driveway centrally located along Fifth Street and a second one along
Hamden Drive at the southeast corner of the lot. Non-compliant parking exists
along Hamden Drive where parking spaces exist partially or wholly within, and
back out into, the Hamden Drive right-of-way.
The larger area is characterized by a variety of uses including overnight
accommodations, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The
immediate area is characterized by one- to two- story hotels. A five-story
attached dwelling is located at the northeast corner of Bayside Drive and
Hamden Drive. Detached dwellings are located farther along the length of
Bayside Drive where it changes zoning from Tourist (T) District to Low Medium
Density Residential (LMDR) District. The City's Beach Walk project, to the
west, has been constructed transforming South Gulfview Boulevard to the north
of this site into a winding beachside promenade with lush landscaping, artistic
touches and clear views to Clearwater's award-winning beach and the water
beyond. Coronado Drive has largely been improved according to Beach by
Design.
Site History:
It is important to note that a primary component of this amendment proposes
the inclusion of three additional adjacent parcels addressed collectively as
410/420 Hamden Drive (Parcel IDs 08-29-15-17622-000-0100,
08-29-15-17622-000-0090 and 08-29-15-17622-000-0080). At the time of
approval of HDA2013-08006, these three parcels were under separate
ownership from the five parcels originally included in the Development
Agreement. Therefore, these properties have different approval histories as
outlined below.
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Council Work Session Meeting Minutes January 18, 2022
401/405/415/419 Coronado Drive and 406 Hamden Drive (original site):
➢ On April 19, 2011, the CDB approved a Level 11 Flexible Development
application (FLD2011-02005) for a surface parking lot which has been
constructed.
➢ On September 18, 2014, the City Council approved the allocation of up
to 100 units from the Hotel Density Reserve under Beach by Design
(Case No. HDA2013-08006) and adopted a resolution to the same effect
(Res. No. 14-25). The owners proposed to develop the site with a 166
-unit overnight accommodations use with associated accessory/amenity
uses including commercial space, restaurant, meeting rooms, exercise
room and the like.
➢ On July 21, 2015, the Community Development Board (CDB) approved
a Level 11 Flexible Development application (FLD2015-05016) for a 166
-room overnight accommodations use in the Tourist (T) District. A
series of extension requests have been approved extending the validity
of the issued Development Order until December 10, 2022.
410/420 Hamden Drive (additional three parcels):
➢ On December 28, 2018, the Community Development Coordinator
approved a Level I Flexible Standard Development application (FLS2018
-05024)for a surface parking lot for property including that as located at
410/420 Hamden Drive (Community Development Code Section 2-
802.0). Required deadlines were not met and that approval expired.
➢ On November 17, 2020, the Community Development Board (CDB)
approved a Level 11 Transfer of Development Rights (TDR2020-07002)
which transferred four hotel units from 410 Hamden Drive (Parcel ID 08-
29-15-17622-000-0100) and seven hotel units from one of the two
parcels comprising 420 Hamden Drive (Parcel ID 08-29-15-17622-000-
0080), all to property located at 400/405/408/409/411 East Shore Drive.
➢ On October 19, 2021, the Community Development Board (CDB)
approved a Level 11 Transfer of Development Rights (TDR2021-08004)
which transferred the remaining two dwelling units from 410 and 420
Hamden Drive (Parcel IDs 08-29-15-17622-000-0100, 08-29-15-17622-
000-0090 and 08-29-15-17622-000-0080) to property located at
619/629/631/635 Mandalay.
The two above approved TDR applications removed all development
potential from these three additional parcels.
Development Proposal:
This proposed first amendment will add three parcels (located centrally along
Hamden Drive) totaling 0.44 acres to the original site, increasing the area from
1.32 acres to 1.759 acres. The owners propose to utilize the otherwise
permitted density of 50 units per acre or 66 units associated with the original
1.32 acres and incorporate the previously approved allocation of an additional
100 units from the Hotel Density Reserve through Beach by Design resulting in
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Council Work Session Meeting Minutes January 18, 2022
a total of 166 units as originally approved. As previously discussed, the three
new parcels do not have remaining development potential. With the
incorporation of these parcels, the subject site's density (hotel units per acre)
will decrease from 125.75 hotel units per acre to 94.32 units per acre. The
additional property will enable the applicant to provide a more efficient building
and parking layout. The request includes a new conceptual site plan and
accompanying building elevations (Exhibit B) and certain changes to the
Development Agreement as listed below.
• Fifth Recital is updated to provide an increase in project area to 1.759
acres.
• Sixth Recital is updated because the proposed demolition of a hotel in
the original agreement is no longer applicable as that hotel has since
been demolished. This revised recital also reflects the provision of a
minimum of 50 parking spaces for use by the public.
• Section 3.3 is updated to reflect the addresses of the three additional
lots.
• Section 4.2 is updated to show an increase in provided parking spaces.
The number of spaces required (199 spaces) has not increased;
however, the applicant is committing to providing more parking than
otherwise required by providing a minimum of 50 spaces available for
use by the public.
• Exhibit A is updated to provide a revised legal description which includes
the three additional lots.
• Exhibit B is updated to reflect the three additional lots on the conceptual
site plan and elevations.
The current proposal will result in the removal of the existing surface parking lot
and redevelop the site with a 166-unit overnight accommodations use (94.32
hotel units per acre, including the previously approved allocation of 100 rooms
from the Hotel Density Reserve). The building will be 100 feet as measured
from the point at which minimum floor elevations have been established by law
(design flood elevation) to flat roof with the parking located on the first four
levels. The proposal continues to include a tropical modern architecture, which
is consistent with and complements the tropical vernacular envisioned in Beach
by Design.
The site will be accessed via a two-way driveway from Hamden Drive at the
southeast corner of the property which will provide access to the parking garage
component of the development. A one-way ingress is provided centrally along
the north side of the site along Fifth Street which also provides access to the
parking garage as well as an underbuilding drop off area. The egress point for
the drop off area is also located along Fifth Street. A one-way egress from the
parking garage is provided at the northeast quadrant of the side along Hamden
Drive. The primary pedestrian entrance is located at the northwest corner of
the site.
The northwest corner of the building on the ground floor is the lobby. As noted,
the first four floors of the building will contain a parking garage as well as
miscellaneous back-of-house components such as maintenance rooms and
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Council Work Session Meeting Minutes January 18, 2022
laundry facilities. The fifth floor will include a pool and pool deck (over parking,
centrally located along west side of the building). Floors six through nine will be
dedicated almost entirely to hotel rooms.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
overnight accommodations use is 20,000 square feet and between 100 and 150
feet, respectively. The subject property is 76,665 square feet in area and
approximately 420 feet wide. The site is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet to building along the front
(north and east) along Fifth Street and Hamden Drive, respectively, and 10 feet
to building along all other remaining sides of the site including along Coronado
Drive. The proposed setbacks may be approved as part of a Level One (FLS)
application, subject to meeting the applicable flexibility criteria of the Community
Development Code; however, other elements such as height will require the
project to be a Level Two (FLD) application.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 100 feet in height as
measured from the design flood elevation where a height of up to 100 feet is
permitted as prescribed by the CDC (subject to meeting the applicable flexibility
criteria of the CDC and as approved as part of a Level II Flexible Development
application) and limited by Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 166-room overnight accommodations use requires a minimum of 199
off-street parking spaces. A parking garage located on the first four levels of the
building will provide 249 spaces, including 50 which are available for public use.
This is consistent with the applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
adequate spaces for foundation landscaping will be provided along all street
frontages. Since no perimeter landscape buffers are required in the Tourist (T)
District, the proposed landscape areas meet or exceed what is required. It is
noted, however, that flexibility may be requested/necessary as part of a
Comprehensive Landscape Program which would be reviewed at time of formal
site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development complies with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue at acceptable levels of service.
Staff must note that the three added parcels have had, or are in the process of
having, all development potential transferred to other properties within the
Beach by Design planning area. Beach by Design Section V.13.2 provides that
"Those properties and/or developments that have had density transferred off to
another property and/or development(s) through an approved Transfer of
Development Rights (TDR) application by the City after December 31, 2007,
are not eligible to have rooms allocated from the Reserve." Staff believes that
the intent of this provision is to prevent a property owner from selling off
development potential and then requesting units from the Reserve thereby
profiting from the Reserve. The three parcels to be incorporated were not in
common ownership at the time the 100 units were allocated to the original site,
and the inclusion of the parcels will result in the overall site density (units per
acre) decreasing; therefore, the project does not utilize these lots for
development potential at all. The primary purpose of adding these parcels is to
provide the opportunity to provide a more efficient parking garage layout which
will allow for the provision of all required parking spaces as well as a minimum
of 50 spaces for use by the public. In short, the proposal provides for a
scenario that Staff believes was not considered at the time that Beach by
Design was written. Staff believes that the proposal meets the intent of Beach
by Design and that approval of the request should be considered.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed first amended and
restated amendment to the existing Development Agreement will be in effect for
a period not to exceed ten years, meets the criteria for the allocation of rooms
from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
• Provides for no change in the number of units (100 units) allocated from
the Hotel Density Reserve (previously approved as part of HDA2013-
08006/Resolution No. 14-25);
• Revises Exhibit B which includes new conceptual site plans,
architectural drawings, elevations and perspectives;
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Council Work Session Meeting Minutes January 18, 2022
• Requires the developer to obtain building permits within one year of
approval of the amended and restated Development Agreement and
certificates of occupancy in accordance with Community Development
Code (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• Prohibits the conversion of any hotel unit allocated from the Hotel
Density Reserve to a residential use and requires the recording of a
covenant restricting use of such hotel units to overnight
accommodations usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant
that the hotel will be closed as soon as practicable after a hurricane
watch that includes Clearwater Beach is posted by the National
Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606. I, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
Summary and Recommendation
The proposal appears to be generally consistent with applicable components of
the Community Development Code and Beach by Design and staff is
supportive of the request.
In response to a question, Senior Planner Mark Parry said the three parcels
are privately owned and have no development potential. City code relegates
development potential to floor area commercial uses, hotel density, or
residential density. The parcels do not have any of those items, their uses
are very limited.
10.2Approve the proposed second amendment to an existing Development Agreement
between the City of Clearwater and N E S C LLC (as assigned by Louis Developments
LLC) which provides for certain changes which will permit eight of 32 marina slips at this
overnight accommodation to be used for limited commercial purposes; adopt Resolution
22-02, and authorize the appropriate officials to execute same. (DVA2012-03001 B;
443/455 East Shore Drive)
Site Location and Existing Conditions:
The 1.260-acre site is located primarily on the east side of East Shore Drive at
the northeast corner of East Shore Drive and Papaya Street. An approximately
0.265-acre portion of the site is located on the west side of East Shore Drive.
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Council Work Session Meeting Minutes January 18, 2022
The subject property is comprised of one parcel with a frontage of
approximately 300 feet along East Shore Drive. The subject property is zoned
Tourist (T) District and is located within the Marina District of Beach by Design.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to three stories.
The site has been developed with a 139-unit hotel and 50-slip dock on the east
side of East Shore Drive and a parking lot on the west side of East Shore Drive.
The site has been developed as consistent with FLD2009-02009 (as amended);
FLD2012-03008 (as amended); TDR2018-10001/TDR2018-10002;
DVA2012-03001; and H DA2012-03001 A.
Site History:
➢ On February 16, 2010, Community Development Board (CDB) approved
application FLD2009-02009 to permit the construction of a 7,305 square foot
50-slip dock of which 32 slips will be used as a marina facility to be rented to
the public and the remaining 18 slips will be used as commercial dock
accessory to existing attached dwellings. Condition number 5 of that
approval provided that no tenants conduct any commercial business from
any slip in this marina.
➢ On June 19, 2012, the CDB approved FLD2012-03008, a 134-unit overnight
accommodation project (which included the allocation of 71 overnight
accommodation units from the Hotel Density Reserve) with 6,500 square
feet of restaurant use floor area, a building height of 85.5 feet, 193 off-street
parking spaces, and flexibility from setback and landscape requirements. At
that same meeting the CDB also recommended approval to the City Council
of a Development Agreement (DVA2012-03001) for the allocation of 71 hotel
units from the Hotel Density Reserve.
➢ On July 19, 2012, the City Council approved a Development Agreement
along with a concept plan and elevations as part of application DVA2012-
03001 for the allocation of 71 hotel units from the Hotel Density Reserve.
➢ On August 10, 2018, the applicant's representative sent a Notice of
Assignment of Development Agreement by Louis Developments LLC to N E
S C LLC to the City. Copies of the Assignment and Assumption as well as
a release of Developer's Obligation under Hotel Density Reserve
Development Agreement (dated August 7, 2018)were subsequently
submitted to the City.
➢ On December 18, 2018, the CDB approved applications FLD2012-
03008A/TDR2018-10001/TDR2018-10002 which transferred five hotel units
to the site increase the total number of units from 134 to 139. No changes
to the conceptual site plan or elevations were proposed.
➢ On January 17, 2019, the Council approved the first amendment to the
approved Development Agreement (HDA2012-03001 A) which increased the
total number of overnight accommodation units from 134 to 139. The
additional five hotel units were transferred to the site as part of a transfer of
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Council Work Session Meeting Minutes January 18, 2022
development rights (TDR2018-10001/TDR2018-10002) and included
amendments to an approved Flexible Development application (FLD2012-
03008A). No changes to the conceptual site plan or elevations were
proposed. Please note the case was erroneously assigned a case number
under "HDA" when it should have been "DVA". The current request case
number reverts to the more appropriate and accurate "DVA" assignment.
➢ On October 19, 2021, the CDB approved a request of reconsideration of
condition five of approved FLD2009-02009 to allow for limited licensed,
captained/guided commercial operations out of eight of the marina slips.
The current request for a second amendment to an existing Development
Agreement is required as part of the process to formalize the approved
reconsideration of the aforementioned condition five.
It should be noted that the address under which all prior approvals as listed
above were submitted was 443 East Shore. When the development was
submitted for building permit the address was changed to 455 East Shore
Drive. As such, the current Development Agreement application has been
submitted under the address of 455 East Shore Drive.
Development Proposal:
Brian J. Aungst, representative of N E S C LLC (property owner), is requesting a
second amendment to the approved Development Agreement
(DVA2012-03001) as amended (DVA2012-03001A) for the referenced project
located at 455 East Shore Drive.
The original Development Agreement, as amended, included a reference to the
approved dock (Section 6.1.7) providing the dock would be constructed in
accordance with the issued Development Order associated with application
FLD2009-02009.
As noted, approved application FLD2009-02009 included one condition
(condition number 5) which provided "that no tenants conduct any commercial
business from any slip in this marina". The applicant has secured approval of a
reconsideration of condition five in October 2021. The reconsideration of the
condition was approved and amended to read as follows:
"That, no more than eight (8) of the 32 marina slips may be used for licensed
charter vessels and no more than two (2) of the eight (8) slips may be used for
licensed jet ski rentals (guided tours only) with multiple jet skis per slip. The
eight (8) slips that may be used for licensed charter vessels pursuant to the
terms of this condition shall be located on the southernmost marina slips as
depicted on the approved site plan. There shall be no public cleaning or
commercial sale of fish or amplified music at the marina."
The applicant is requesting a second amendment to the Development
Agreement with the following main changes:
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Council Work Session Meeting Minutes January 18, 2022
• The 12th recital referencing the previously approved dock (FLD2009-
02009) is amended to reference the reconsideration of FLD2009-02009
condition of approval No. 5;
• Section 4.5 is amended to permit up to eight marina facility slips to be
for limited commercial purposes;
• Section 6.1.7 is amended to reference the amendment of FLD2009-
02009 and permit up to eight marina facility slips to be for limited
commercial purposes; and
• Section 6.1.7.1 is added to clarify the limits and specifics of the noted
limited commercial purposes.
No other changes are proposed to the agreement.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
■ Amends the agreement to provide that no more than eight of the 32 marina
slips may be used for licensed charter vessels and no more than two of
those eight slips may be used for licensed jet ski rentals (consisting of
guided tours only) with multiple jet skis per slip. In addition, there shall be no
public cleaning or commercial sale of fish nor shall there be amplified music
at the marina.
Changes to Development Agreements:
Pursuant to Section 4-606.1, CDC, a Development Agreement may be amended
by mutual consent of the parties, provided the notice and public hearing
requirements of Section 4-206 are followed. Revisions to conceptual site plans
and/or architectural elevations attached as exhibits to this Development
Agreement shall be governed by the provisions of Section 4-406, CDC. Minor
revisions to such plans may be approved by the Community Development
Coordinator. Other revisions not specified as minor shall require an
amendment to this Development Agreement.
Summary and Recommendation
The proposal is consistent with applicable components of the Community
Development Code and Beach by Design and staff is supportive of the request
and recommends approval.
In response to questions, Senior Planner Mark Parry said if the slips are
opened up to tourists, it would be a marina facility and require parking, which
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
is not the Applicant's intent. The jet ski rentals is supposed to be for hotel
guests only. Assistant City Manager Michael Delk said approximately 15
years ago the City opened the provision to allow the creation of commercial
slips to rent to increase capacity of the City's waterfront. The property north
of the site redeveloped marina and added transient slips. Planning and
Development Director Gina Clayton said the slips are accessory to the hotel,
the people will not be driving to the property to use the slips.
10.3Approve amendments to the Clearwater Comprehensive Plan creating a new Property
Rights Element, modifying the Future Land Use and Housing Elements to support
workforce, affordable and "missing middle" housing types, and updating the Coastal
Storm Area and Hurricane Storm Surge maps, and pass Ordinance 9515-22 on first
reading. (CPA2021-11001)
This proposed ordinance creates a new Private Property Rights Element within
the Clearwater Comprehensive Plan based on new statutory requirements
signed into law on June 29, 2021 through House Bill 59. This new element is
required in all local governments' Comprehensive Plans to "ensure that private
property rights are considered in local decision-making," and there are four
rights which must be considered (Section 163.3177(6)(i)I, Florida Statutes):
• The right of a property owner to physically possess and control his or
her interests in the property, including easements, leases, or mineral
rights.
• The right of a property owner to use, maintain, development, and
improve his or her property for personal use or for the use of any other
person, subject to state law and local ordinances.
• The right of the property owner to privacy and to exclude others from the
property to protect the owner's possessions and property.
• The right of a property owner to dispose of his or her property through
sale or gift.
The statements provided for in the bill are largely duplicative of rights already
protected by the Constitutions of both the United States and the State of Florda
as well as Florida's Bert Harris Act. The proposed amendments use the
statute's language as policies, an approach being used by many municipalities
to comply with the House Bill. Until this new element is adopted, cities cannot
adopt any other amendments to their comprehensive plans, including Future
Land Use Map amendments.
In addition, Ordinance 9215-22 proposes various housing-related amendments
in the Future Land Use and Housing Elements, the majority of which address
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Council Work Session Meeting Minutes January 18, 2022
housing affordability and diversity of housing types, including "missing middle"
housing types such as tiny houses, duplexes, courtyard housing, and
accessory dwelling units (ADUs). The amendments would allow the City to
develop a density bonus for missing middle housing and establish standards in
the Community Development Code for accessory dwelling units, which would
be exempt from density provisions. Additional amendments support reduced
fees for affordable and workforce housing, correct typographical errors and
clarify policy intent.
Lastly, the Coastal Storm Area and Hurricane Storm Surge Areas maps within
the Coastal Element are proposed to be amended to reflect updated Sea, Lake
and Overland Surges from Hurricanes (SLOSH) model data from the National
Oceanic and Atmospheric Administration (NOAA) effective in 2021.
The Planning and Development Department has determined that the proposed
Comprehensive Plan amendments are consistent with and further the goals,
objectives and policies of the Comprehensive Plan as outlined in the staff
report. The Community Development Board (CDB) reviewed the proposed
amendments at its meeting on December 21, 2021 and unanimously
recommended approval.
As this is a text amendment to the Clearwater Comprehensive Plan, review and
approval by the Florida Department of Economic Opportunity is required. As
part of the state review, the proposed amendments will be transmitted to the
various State agencies and Pinellas County for review prior to second reading
(adoption) by City Council, which is anticipated to occur in April.
10.4Approve amendments to the Community Development Code addressing recent
legislative changes related to home-based businesses, building design review and
building permit fees, and supporting the City's affordable and workforce housing
initiatives, and pass Ordinance 9514-22 on first reading. (TA2021-11004)
The 2021 Florida legislative session passed and enrolled several bills, now
effective, which impart certain planning and building requirements. In order to
provide clarity or remain consistent with state statutes governing home based
businesses, building design review, and building permit fees, certain
amendments to the Community Development Code are proposed in Ordinance
9414-22. Staff is also proposing a limited number of amendments to the Code
to support the city's affordable and workforce housing initiatives.
Proposed Ordinance No. 9514-22 includes the following amendments:
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
• Repeals existing home occupation regulations and replaces with new
home-based business standards consistent with the statutes.
• Incorporates "Design Review Board" into Section 5-201 to clarify and
affirm this under the powers and duties of the Community Development
Board.
• Establishes a prorated increase to the current affordable housing
density bonus at a rate of 2.5% bonus for each 1% increase in certified
affordable units provided between 15% and 25% of total units in a
project.
• Provides additional reductions in required off-street parking for certain
certified affordable housing units.
• Requires long-term bicycle parking for affordable housing projects
approved with reduced off-street parking in certain situations.
• Groups all fee reductions provided for affordable housing projects within
a single location of the Code.
• Modifies Appendix A Fee Schedule to increase existing and establish
new reductions of 50% reduction to plan review and permit fees for
projects using a private provider for plan review or inspections, and
establishing a 75% reduction to plan review and permit fees for one- and
two- family residential projects that are certified affordable housing.
The Planning and Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
further the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) reviewed the proposed text amendment at its
meeting of December 21, 2021, and unanimously recommended approval.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
In response to questions, Planning and Development Assistant Director
Lauren Matzke said the amendments are intended to be targeted
amendments because the city already proposed code amendments to
address the legislative changes. She said staff worked with Economic
Development and Housing to identify quick and simple changes until the
comprehensive plan update, Clearwater 2045, was implemented, which she
anticipates will identify code change recommendations as it relates to
affordable housing needs. The code is currently structured to incentivize
mixed income housing projects. She said PSTA in partnership with
community representatives determine where transit stops are
located. Comment was made that Forward Pinellas makes sure that new
developments integrate with transit.
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
11. Public Utilities
11.1 Declare Laboratory and Maintenance Equipment surplus and authorize the sale of the
equipment listed in the Exhibit through either a notice inviting bids or public auction to the
highest bidder, pursuant to Clearwater Code of Ordinances Section 2.623, and authorize
the appropriate officials to execute same. (consent)
The Public Utilities Department recently underwent a restructure of the
laboratory which resulted in several pieces of equipment that will no longer be
used and have no purpose for continued ownership by the Department.
Although the laboratory remains a division in the department, several of its
testing functions are now performed by consultants. In addition, the
maintenance division has several pieces of equipment that are no longer being
used.
APPROPRIATION CODE AND AMOUNT:
421-364412 Surplus Machinery & Equipment
12. Official Records and Legislative Services
12.1Appoint Robyn Fiel to the Neighborhood and Affordable Housing Advisory Board as a
citizen who is actively engaged in the banking/mortgage industry in connection with
affordable housing with term to expire January 31, 2026. (consent)
APPOINTMENT WORKSHEET
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Camille Hebting
MEETING DATE: 2nd Tues. most months
PLACE: Main Library/Council Chambers
STAFF LIAISON: Chuck Lane
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate
Professional in Connection with Affordable Housing; Clearwater Resident;
Residential Home Building Industry; Advocate for Low Income Housing;
Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry;
Employer's Representative.
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
THE FOLLOWING ADVISORY BOARD MEMBER HAD A TERM WHICH
EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Linda Kemp - 4225 38th Ave. S., Unit 63-G, St. Petersburg, FL 33711 -
Mortgage/Banking
Original Appointment: 5/7/09
(was serving 3rd term until 11/30/21)
(Citizen who is actively engaged in the banking/mortgage industry in connection
with affordable housing)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Robyn Fiel -265 126th Ave., Treasure Island, FL 33706 - Mortgage Loan
Originator
(Citizen who is actively engaged in the banking/mortgage industry in
connection with affordable housing)
Zip codes of current members:
1 - 33703
1 - 33755
2 - 33756
1 - 33774
1 - 34222
Current Special Qualifications:
1 citizen actively engaged in the residential home building industry in connection
with affordable housing
1 citizen who resides within the City of Clearwater
1 citizen actively engaged as a real estate professional in connection with
affordable housing
1 citizen actively engaged as an advocate for low-income persons in connection
with affordable housing
1 citizen actively engaged as a not-for-profit provider of affordable housing
1 citizen who represents employers within the City of Clearwater
12.2Reappoint Donna M. Dennis to the Library Board with term to expire January 31, 2026.
(consent)
APPOINTMENT WORKSHEET
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Council
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
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: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH
EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM:
1. Donna M. Dennis -223 Island Way#413, 33767 - Retired Teacher
Original Appointment: 1/18/18
(0 absences in the past year)
(was serving 1st term until 1/31/22)
Interested in Reappointment: Yes
(Currently there are no other applications on file)
Zip codes of current members on board:
2 at 33755
1 at 33756
1 at 33759
1 at 33763
1 at 33765
1 at 33767
13. Legal
13.1 Request for authority to settle the case of Phillips v. City of Clearwater, Case No.
20-006001-CI for $95,000.00. (consent)
On or about February 27, 2020, the decedent's girlfriend called the Clearwater
Police Department and requested that they conduct a welfare check on the
decedent. Clearwater police officers responded to the call and entered the
decedent's apartment finding the decedent in bed and breathing, although he did
not respond to the officers' calls. The officers left the apartment without getting
a response from the decedent. The decedent's daughter requested another
welfare check the following morning after having no contact with him. Upon
arrival, Clearwater police officers found the decedent in the same position in
bed, but he was deceased.
Authority is being sought to settle this case for$95,000.00, in exchange for
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City of Clearwater
Council Work Session Meeting Minutes January 18, 2022
which the City will receive a full release and the pending civil action will be
dismissed with prejudice.
APPROPRIATION CODE AND AMOUNT:
59007590-545900
14. City Manager Verbal Reports — None.
15. City Attorney Verbal Reports — None.
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).
Vice Mayor Hamilton expressed a concern with a sitting Councilmember
actively participating in a campaign for a candidate or publicly endorse a
candidate. He said a recent newspaper article regarding the Big Clean Up
and the art exhibit was un-becoming and Candidate Lina Teixeira was owed
an apology.
The City Attorney said councilmembers in their private capacity have the
ability to endorse or not endorse a candidate. Councilmembers have
the same First Amendment rights as any other citizen. He reminded Council
that City Council Rules prohibits councilmembers from issuing endorsements
from the dais.
Councilmember Beckman requested a future council discussion regarding
the Clearwater Neighborhood Coalition's recommendation to include a
resident representative on the Community Development Board. She also
requested discussions regarding limiting the number of free%omped tickets
the Councilmembers receive for attending sponsored events and requesting
the Florida Department of Transportation to lower the speed limit on Drew
Street. She also requested consideration to direct the City's state lobbying
team assist with resident engagement. Councilmember Beckman requested
the "Go Bucs"banner be erected at the old City Hall site.
17. Closing Comments by Mayor— None.
18. Adjourn
The meeting adjourned at 11:59 a.m.
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City of Clearwater