10/20/2022 City Council Meeting Minutes October 20, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Thursday, October 20, 2022
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes October 20, 2022
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Jon Jennings — City Manager, Jennifer Poirrier—Assistant City
Manager, Michael Delk—Assistant City Manager, Owen Kohler—
Lead Assistant 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 6:00 p.m.
2. Invocation — Reverend Paul Means from Northwood Presbyterian Church
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) — Given.
4.1 October Service Awards
One service award was presented to a city employee.
4.2 Red Ribbon Week Proclamation, October 23-31, 2022 - Michele Edwards, Special
Projects and Rising Above Committee Coordinator at the Clearwater Neighborhood Family
Center
4.3 Inflation Reduction Act - Harry Glenn, Van Scoyoc Associates
Mr. Glenn provided a PowerPoint presentation.
5. Approval of Minutes
5.1 Approve the minutes of the October 6, 2022 City Council Meeting as submitted in written
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City of Clearwater
City Council Meeting Minutes October 20, 2022
summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
October 6, 2022 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Norm Bild said he attended a Disaster Prep/FEMA Symposium and was
very impressed with FEMA Administrator Deanne Criswell.
Mark Birenbaum, James Jackson, Phil Tunison, and Michael Dalton
opposed the proposed charter school at Nursery Road and expressed
concerns with the traffic count study and the lack of notice and
engagement of the surrounding residents.
In response to comments, City Engineer Tara Kivett said the developer
recently submitted the plans and the traffic impact study to Pinellas
County. She said the project is located within a county right-of-way.
Pinellas County will need to approve the plan. Lead Assistant City Attorney
Owen Kohler said he would confer with the City Attorney regarding any
due process issues. The City Clerk said notice was provided for the
council meeting dates, individuals supporting and opposing the matter
spoke at noticed meetings.
Mr. Holuba expressed concerns with social media postings of a
Clearwater Police Officer.
Jim Gifford expressed concerns with the transfer of density rights
provided to the development project on 521 S. Gulfview Boulevard.
Christine Michalek opposed the Decade Properties development at
521 S. Gulfview Boulevard and expressed concerns that issues raised
by Clearwater Point residents have not been addressed.
Rudolph Michalek expressed concerns that the Decade properties
permit application submittal was incomplete and should not have been
accepted and that Beach by Design allows hotel rooms not suites. It was
requested that the application be rejected.
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City Council Meeting Minutes October 20, 2022
7. Consent Agenda — Approved as submitted, less Item 7.5.
7.1 Approve payments totaling $150,415.29 to settle claim 22000125 for damages to Solid
Waste vehicle G3973 and surrounding properties, pursuant to Clearwater Code of
Ordinances Section 2.645, Payment of claims. (consent)
7.2 Approve the first addendum to the collective bargaining agreement as negotiated
between the City of Clearwater and IAFF Local 1158 for Fiscal Year 2022/2023 and
authorize the appropriate officials to execute same. (consent)
7.3 Authorize a Guaranteed Maximum Price proposal to Keystone Excavators, Inc. of
Oldsmar, Florida, in the amount of$138,446.00, for park improvements at Soule Road
Park, pursuant to Request for Qualifications (REQ) 40-20, Construction Manager at Risk
(CMAR) Services Continuing Contracts; transfer $79,200 from Recreation Facility Impact
Fees (142-343962) at first quarter; and authorize the appropriate officials to execute
same. (consent)
7.4 Accept a 4-foot-wide Drainage and Utility Easement from William B and Lauren V
Corser, husband and wife, for installation, repair, maintenance, and replacement of
underground utilities on real property located at 1242 Idlewild Drive, and authorize the
appropriate officials to execute same. (consent)
7.5 Approve Supplemental Two Work Order to Mead and Hunt, Inc. of Tampa, FL, for On-Call
Traffic Engineering Technical Support Services (21-0035-EN) in the amount of$195,000,
increasing the work order from $300,000 to $495,000, pursuant to Request for
Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and
authorize the appropriate officials to execute same. (consent)
See below.
7.6 Authorize a purchase order to Ferguson Enterprises, LLC dba Ferguson Waterworks for
the supply of backflow devices and parts in the annual not-to-exceed amount of
$227,000.00 with the option for two, one-year renewals, pursuant to Invitation to Bid No.
48-22, and authorize the appropriate officials to execute same. (consent)
7.7 Authorize an increase on purchase order to Odyssey Manufacturing Company of Tampa,
FL, for Liquid Sodium Hypochlorite, in the amount of$355,000.00, increasing the annual
not-to-exceed amount from $533,500.00 to $888,500.00 through the term of the contract
and authorize the appropriate officials to execute same. (consent)
7.8 Approve amendment to Retainer Agreement with Matthew D. Weidner, P.A., for
representation in lien foreclosures and authorize the appropriate officials to execute
same. (consent)
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City Council Meeting Minutes October 20, 2022
Vice Mayor Beckman moved to approve the Consent Agenda as
submitted, less Item 7.5, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.5Approve Supplemental Two Work Order to Mead and Hunt, Inc. of Tampa, FL, for On-Call
Traffic Engineering Technical Support Services (21-0035-EN) in the amount of$195,000,
increasing the work order from $300,000 to $495,000, pursuant to Request for
Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and
authorize the appropriate officials to execute same. (consent)
December 2021, the City Manager approved the initial $95,000 work order, and
May 5, 2022, City Council approved $205,000 Supplemental One Work Order to
EOR Mead & Hunt for as needed services to review and access technical
reports from the Florida Department of Transportation, Pinellas County,
complete the Traffic Engineering review to support the land development permit
process for private developments and provide coordinated recommendations to
the City.
Supplemental Two Work Order will provide staff with daily assistance on permit
reviews and multimodal impact fees to meet the Traffic Engineering workload
demands until vacated positions are filled and trained (two Engineering
Specialists).
APPROPRIATION CODE AND AMOUNT:
0101331-530100 $195,000
Funds are available in cost code 0101331-530100, Professional Services, to
fund this supplemental work order.
Two individuals spoke in opposition.
Councilmember Bunker moved to approve Supplemental Two Work
Order to Mead and Hunt, Inc. of Tampa, FL, for On-Call Traffic
Engineering Technical Support Services (21-0035-EN) in the amount
of $195,000, increasing the work order from $300,000 to $495,000,
pursuant to Request for Qualifications (RFQ) 26-19, Engineer of
Record Consulting Services (EOR), and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
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City Council Meeting Minutes October 20, 2022
8.1 Approve the Third Substantial Amendment to the City of Clearwater's 2019-2020 Annual
Action Plan to reallocate existing funding provided by the United States Department of
Housing and Urban Development to address needs resulting from the COVID-19
Emergency.
In 2020, the Department of Housing and Urban Development (HUD) allocated
$1,351,560 of Community Development Block Grant Program - Coronavirus
Response funds (CDBG-CV) to be used by the City of Clearwater to prevent,
prepare for, and respond to COVID-19. This amount is the total of two
allocations from the first and third tranches of funding authorized by the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law
116-136, which was signed by President Trump on March 27, 2020, to respond
to the growing effects of the historic public health crisis. The second tranche
included an allocation to the City of Clearwater through the Florida Housing
Finance Corporation and is not contained within the city's 2019-2020 Annual
Action Plan.
CDBG-CV Grantees are required to spend 80% of their allocations within three
years of receiving the funds. Accordingly, the City of Clearwater must expend
$1,081,248 by June 2023. CDBG Expenditures to date total $207,509.90.
The City's administration of CDBG-CV funding has focused on providing funding
assistance to non-profit service providers. Non-profit organizations have
struggled to expand capacity to expend funds in a manner that will achieve the
80% expenditure requirement. Therefore, staff is recommending a portion of the
funds be reallocated for improvements to public facilities.
The Substantial Amendment reduces funding for the following activities and is
shown below as revised allocations:
$29,693.90 - Suncoast Housing Connections - Mortgage
Assistance/Foreclosure Prevention
$211,616.63 - CDBG-CV Administration
The Substantial Amendment adds the following CDBG-CV Public Facility
Improvements:
$51,662.00 - R'Club Child Care - Gateway Facility HVAC Air Quality Upgrades
$47,140.00 - R'Club Child Care - Breeden Facility HVAC Air Quality Upgrades
$190,000.00 - Ross Norton Lake Bellevue Recreational Pier
$190,000.00 - Ross Norton Playground
Contracts are already in place for the following CDBG-CV Public Services:
$104,441.47 - Homeless Leadership Alliance - Housing Navigation
$132,559.00 - Directions For Living - Prospect Towers -Assistance to Tenants
being Displaced
$38,354.00 - Gulfcoast Legal Services (COVID Housing Legal Services)
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$345,593.00 - Early Learning Coalition of Pinellas County
$8,500.00 - Showered & Empowered, Inc. (complete)
$2,000.00 - Pet Grooming On The Go LLC (complete)
Additional Background Information
A jurisdiction's Annual Action Plan implements its multi-year Consolidated Plan
and is developed through significant citizen participation, analysis, and planning.
A First Substantial Amendment to the city's 2019 Annual Action Plan (AAP) was
approved by the City Council on May 7, 2020, to incorporate $492,592 from the
first tranche of CDBG-CV funding. A Second Amendment to the 2019 AAP was
approved by City Council on October 14, 2020, to incorporate $858,968 from
the third tranche of CDBG-CV funding. Staff is recommending approval of the
Third Substantial Amendment to the 2019 AAP to reallocate funding to
programs and activities that will more effectively distribute CDBG-CV funding
assistance.
APPROPRIATION CODE AND AMOUNT:
This agreement will be funded with Community Development Block Grant -
Coronavirus funds, a funding source provided by the United States Department
of Housing and Urban Development.
Councilmember Teixeira moved to approve the Third Substantial
Amendment to the City of Clearwater's 2019-2020 Annual Action
Plan to reallocate existing funding provided by the United States
Department of Housing and Urban Development to address needs
resulting from the COVID-19 Emergency. The motion was duly
seconded and carried unanimously.
8.2 Amend Clearwater Code of Ordinances Section 2.421 to re-establish a cost-of-living
benefit for firefighters and pass Ordinance 9634-22 on first reading.
In 2012, Pension Fund changes were collectively bargained between the City
and the labor unions. The agreed upon changes were ratified by the IAFF Local
1158, and subsequently approved by City Council and were presented to the
citizens of Clearwater through a public referendum. The applicable changes to
the Pension Fund applied to the firefighters who were not eligible to retire as of
the effective date of the ordinance (January 1, 2013). Those changes included:
1. The employees' pension contribution was increased from 8% to 10%
of covered salary.
2. The annual 1.5% COLA was eliminated on all pensionable earnings
for years of service after the effective date of the restated ordinance
(January 1, 2013).
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In 2022, at the request of the IAFF Local 1158, staff began collectively
bargaining changes to the Pension Fund for firefighters. In September 2022, the
City and IAFF Local 1158 reached a tentative agreement that provides for the
following changes to the Pension Fund:
1. The annual 1.5% COLA would be resumed for all firefighters who are
actively employed on or after October 1, 2022.
2. The resumption would include cost-of-living benefits on service
earned from January 1, 2013, through October 1, 2022.
3. The COLA would only be paid after a five-year delay.
These proposed pension benefit changes have been estimated by the City's
actuary to cost the City approximately $520,000 in the first year after
implementation and approximately $24 million over the next 30 years, equivalent
to a discounted present value cost of$9.9 million.
The Fund's actuary has provided the estimated cost for the proposed changes,
but the City also is required to have the actuary complete an actuarial impact
statement for the State Division of Retirement; this requirement is attached.
On September 16, 2022, the IAFF ratified the proposed changes as stated
herein.
Since the proposed changes have been mutually agreed upon, a referendum is
not required to implement.
APPROPRIATION CODE AND AMOUNT:
A future budget amendment may be required in FY 2022/2023 to cover
increases related to the pension plan adjustments.
Ordinance 9634-22 was presented and read by title only.
Councilmember Allbritton moved to amend Clearwater Code of
Ordinances Section 2.421 to re-establish a cost-of-living benefit for
firefighters and pass Ordinance 9634-22 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
8.3 Approve the request from the owner of real property, described as Parcel ID-
15-29-15-38574-015-0060, Court Street, Clearwater to vacate the 5-foot-wide platted
Utility Easement on the south property line of lot 45, and the west half of lot 44 along with
the abutting 5-foot-wide platted Utility Easement on the north property line of lots 8,7,6,20,
and the west half of lot 21, located in Hibiscus Gardens, Blk O, according to the map or
plat thereof as recorded in Plat Book 14, Pages 55-59, Public Records of Pinellas
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County, Florida, and pass Ordinance 9636-22 on first reading.
The property owner of Parcel ID# 15-29-15-38574-015-0060, Court Street,
Clearwater, has requested that the City vacate the 5-foot-wide platted Utility
Easement on the south property line of lot 45, and the west half of lot 44 along
with the abutting 5-foot-wide platted Utility Easement on the north property line
of lots 8,7,6,20, and the west half of lot 21.
The purpose of this vacation is to allow for a 14-unit multi-family apartment.
There are no city utilities present within the easements. Frontier
Communications has facilities within the proposed vacate area. A recordable
non-exclusive easement in favor of Frontier will be required for Frontier
Communications facilities to remain in the proposed vacated easement. All
other private utility companies have no objection to the vacation. City staff have
reviewed this vacation and have no objection.
Ordinance 9636-22 was presented and read by title only.
Vice Mayor Beckman moved to approve the request from the owner
of real property, described as Parcel ID: 15-29-15-38574-015-0060,
Court Street, Clearwater to vacate the 5-foot-wide platted Utility
Easement on the south property line of lot 45, and the west half of
lot 44 along with the abutting 5-foot-wide platted Utility Easement on
the north property line of lots 8,7,6,20, and the west half of lot 21,
located in Hibiscus Gardens, Bilk O, according to the map or plat
thereof as recorded in Plat Book 14, Pages 55-59, Public Records of
Pinellas County, Florida, and pass Ordinance 9636-22 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9609-22 on second reading, vacating that certain portion of a
28-foot-wide alley right-of-way lying west of Lots 20,19,18, 17, and 16 of Block B, being
described in the plat titled "John R. Davey, et. al. Resubdivision" located in Plat Book 1,
Page 87 of the public records of Hillsborough County, Florida, of which Pinellas County
was formerly a part.
Ordinance 9609-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9609-22 on
second and final reading. The motion was duly seconded and upon
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roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
9.2 Adopt Ordinance 9619-22 on second reading, vacating the 18-foot-wide drainage and
utility easement as recorded in Book 926, Page 157, official records of Pinellas County,
Florida, being further described as the south 18 feet of Lots 3, 4, and 5, "Rompon's and
Baskin's Corrected Map of Causeway Business District" as recorded in Plat Book 57,
Page 1 of the official records of Pinellas County, Florida.
Ordinance 9619-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9619-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
9.3 Adopt Ordinance 9633-22 on second reading, vacating the south 5 feet of the
10-foot-wide platted utility and drainage easement located on Lot 50, Countryside Tract
5, according to the map or plat thereof as recorded in Plat Book 78, Pages 57-58 of the
public records of Pinellas County, Florida, less and except the east 5 feet thereof.
Ordinance 9633-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9633-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
10. City Manager Reports
10.1Approve a purchase order to Shade Systems, Inc., of Ocala, Florida for the purchase and
installation of Athletic Shade Structures in an amount of$715,376.50, pursuant to
Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; increase project
C2212, Athletic Field Shade Structures by $70,000 in donations revenue; and authorize
the appropriate officials to execute same.
In partnership with the Countryside and Clearwater Little Leagues, the City has
identified an opportunity to install 19 new shade structure systems over the
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spectator areas of athletic fields located at both Countryside Community Park,
and the Sid Lickton Athletic Complex.
The installation of the shade structures will provide for an enhanced spectator
experience for patrons of various sporting events, including tournaments, little
league games, and community programming at the athletic fields.
This contract will provide for the purchase and installation of athletic shade
structure systems, including structural elements, canvas material, and
associated construction to accommodate the new amenities. The proposed
pricing with Shade Systems, Inc., has been established under a piggyback
contract with the Volusia County School Board, pursuant to ITB #MTS-906BC:
Playgrounds & Related Equipment, which has been extended through January
31, 2023.
A first quarter budget amendment will recognize a donation from both the
Countryside Little League in the amount of$40,000, and the Clearwater Little
League in the amount of$30,000 to contribute towards the total project cost.
This contract is for a period of 14 weeks, to begin upon issuance of a notice to
proceed.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project C2213, Athletic Field Shade
Structures. A first quarter budget amendment will recognize a $70,000 increase
of donation revenue in project C2213, Athletic Field Shade Structures.
Two individuals spoke in support and thanked Council and staff for their
continued support.
Vice Mayor Beckman moved to approve a purchase order to Shade
Systems, Inc., of Ocala, Florida for the purchase and installation of
Athletic Shade Structures in an amount of$715,376.50, pursuant to
Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback;
increase project C2212, Athletic Field Shade Structures by $70,000
in donations revenue; and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
11. City Attorney Reports — None.
12. Closing comments by Councilmembers (limited to 3 minutes)
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Councilmember Allbritton said Jazz Holiday ended Sunday and everyone is
excited have the event back at Coachman Park next year. He said he
attended the ribbon cutting for the PSTA Sun Runner.
Vice Mayor Beckman said mail in voting is underway and in person early
voting begins Monday. She said this year is the 30th anniversary of Paint
Your Heart Out and she will be painting with other volunteers on Saturday.
Councilmember Bunker urged everyone to vote yes on the referendum and
that Scientology is not associated with the developers.
Councilmember Teixeira said she is pleased with the amount of support she
has heard regarding the referendum. She thanked staff who responded to
and participated in Hurricane /an relief efforts.
13. Closing Comments by Mayor
14. Adjourn
Attest
Mayor Hibbard reviewed recent and upcoming events and expressed his
condolences for the loss of Gus Stavros and Ream Wilson, two
individuals who have left indelible marks in the community.
The meeting adjourned at 7:51 p.m.
J.,LACJ /
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Mayor
City of Clearwater
City of Clearwater
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