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11/03/2022 City Council Meeting Minutes November 3, 2022 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Thursday, November 3, 2022 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes November 3, 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, David Margolis — City Attorney, Rosemarie Call — City Clerk and Nicole Sprague — Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation — Father Bob Swick from St. Francis of Assisi Old Catholic 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 National Veterans Small Business Week Proclamation, October 31, 2022 through November 4, 2022 - Chris Odgers, Greater Tampa Bay Chapter of the Florida Association of Veteran Owned Businesses, Legislative Affairs Chairman 4.2 Veterans Day 2022 Proclamation, November 11, 2022 - Father Bob Swick 4.3 Library Board Annual Presentation - Donna Dennis, Chair Chair Donna Dennis reviewed library programming implemented during the past year, encouraged all to tour the resources available at Clearwater libraries, and thanked the Council for their continued support. 4.4 Environmental Advisory Board Annual Presentation - Jared Leone, Chair Chair Jared Leone reviewed the Board's accomplishments for the past year and Board Member Marita Lynch provided a PowerPoint presentation on the Ready for 100 Plan. Staff was directed to schedule a council discussion regarding the Ready for Page 2 City of Clearwater City Council Meeting Minutes November 3, 2022 100 Plan at a future meeting. 4.5 State of the City Presentation - Jon Jennings, City Manager The City Manager provided a PowerPoint presentation. Councilmember Bunker departed Chambers at 6:39 p.m. and returned at 6:42 p.m. 5. Approval of Minutes 5.1 Approve the minutes of the October 20, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the October 20, 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 Marilyn Turman said the 7th annual Community Family Fun Night held on October 29 was a success. She thanked all of the volunteers for their time and efforts and thanked the City for co-sponsoring the event. Theresa Bromm-Boesen said she is an artist who teaches basket weaving through Clearwater's Public Library System and supported allocating city ARPA funds to support individuals who promote the arts and art education in Clearwater. Mark Birenbaum opposed the proposed charter school at Nursery Road and expressed concerns with the public notice provided to the public. Michael Dalton opposed the proposed charter school at Nursery Road and expressed concerns with the anticipated increase in vehicular traffic. Melina Korovessi, Glenna Wentworth, and Dawn Conti supported Ready for 100 and encouraged the City to adopt the plan. James Jackson opposed the proposed charter school at Nursery Road. Page 3 City of Clearwater City Council Meeting Minutes November 3, 2022 Mr. Holuba expressed concerns with the number of internal affairs cases listed on the Clearwater Police Department's website and the off duty conduct and public image of Clearwater Police Officers. 7. Consent Agenda — Approved as submitted. 7.1 Approve the first addendum to the collective bargaining agreement as negotiated between the City of Clearwater and Fraternal Order of Police Officers Bargaining Unit for Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent) 7.2 Approve the second addendum to the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 for Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent) 7.3 Authorize purchase orders to Average Joe Landscape LLC, Botanical Dimensions, Inc., J and J Diversified dba Diversified Landscape Maintenance, Earth Designs, and MMM Property Maintenance and Lawn LLC for citywide landscaping services in the cumulative not-to-exceed amount of$803,000.00 for the 11-month term beginning November 1, 2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount of$876,000.00 with the option for two one-year term extensions pursuant to Invitation to Bid 35-22, Landscaping Maintenance Services, and authorize the appropriate officials to execute same. (consent) 7.4 Approve Production Sponsorship Agreement, from November 3, 2022 through March 1, 2025, with ESPN Production, Inc. to host three college women's softball events at the Eddie C. Moore Softball Complex with renewal options and authorize the appropriate officials to execute same. (consent) 7.5 Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas Park Florida, in the amount of$536,486.37, for renovations and structural repairs at BayCare Ballpark, and authorize the appropriate officials to execute same. (consent) 7.6 Approve a purchase order to American Mulch and Soil, LLC of Spring Hill, Florida, for mechanically blown-in mulch services in the total annual not to exceed amount of $150,000.00 for one year with two, one-year renewal options, pursuant to Invitation to Bid 20-22R, and authorize the appropriate officials to execute same. (consent) 7.7 Accept a 20-foot by 20-foot Utility Easement from Crown Castle GT Company, LLC, for installation, repair, maintenance, and replacement of sewer lines and drainage lines on real property located at 1600 S Myrtle Avenue and authorize the appropriate officials to execute same. (consent) 7.8 Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of$167,264.27 for a one-year term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), single source, and authorize the Page 4 City of Clearwater City Council Meeting Minutes November 3, 2022 appropriate officials to execute same. (consent) 7.9 Authorize purchase orders to Core and Main LP of St. Louis, MO, Fortiline, Inc. of Dallas, TX and Ferguson Enterprises, LLC dba Ferguson Waterworks of Tampa, FL for the supply of service brass and brass valves in the cumulative annual not-to-exceed amount of$200,000.00 with the option of two, one-year renewals pursuant to Invitation to Bid (ITB) 45-22, Service Brass and Brass Valves, and authorize the appropriate officials to execute same. (consent) 7.10Authorize purchase orders to Building Maintenance Services Inc, CleanSpace Inc, High Sources Inc, J and J Holdings and Services LLC, and Xtremely Clean Janitorial Services LLC, for citywide custodial services in the cumulative not-to-exceed amount of$687,500 for the 11-month term, from November 1, 2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount of$750,000; with the option for three one-1 year term extensions pursuant to Invitation to Bid 36-22, Citywide Custodial Services, and authorize the appropriate officials to execute same. (consent) 7.11Authorize a purchase order to Florida Kenworth, LLC for the purchase of a 2023 Kenworth T380 with Peterson TL3 Grapple Loader in the amount of$284,677.57 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563(1)(d), Non-competitive purchase, and authorize the appropriate officials to execute same. (consent) 7.12Appoint Indira Yengera to the Sister Cities Advisory Board, as the Youth Member, for an unexpired term through October 31, 2024. (consent) 7.13Reappoint Caitlein Jammo to the Clearwater Housing Authority Board with term to expire September 30, 2026. (consent) 7.14Request for authority to initiate foreclosure actions on behalf of the City to recover amounts owed on municipal liens imposed against certain real property. (consent) 7.15Approve settlement of general liability claim 22000020 to Kevin Robinson in the amount of$200,000, inclusive of attorney's fees and other costs with a general release of all claims, and authorize the appropriate officials to execute same. (consent) 7.16Expend funds that support relief and recovery efforts in the North Greenwood Community Redevelopment Agency area prior to the establishment of the trust fund, approve grant funding processes for affordable housing, non-profit, Pinellas Community Foundation and education grants, and allocate the interest earned on ARPA funds towards the affordable housing, non-profit, and education grants after covering the City's administrative costs associated with the grant programs. (consent) Vice Mayor Beckman moved to approve the Consent Agenda as Page 5 City of Clearwater City Council Meeting Minutes November 3, 2022 submitted 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 8.1 Declare surplus certain real property formerly used as city right-of-way located in Section 17, Township 29 South, Range 16 East for the purpose of sale to an abutting property to support meaningful development through proposed Invitation to Bid 01-23, more specifically, declaring a 10-foot strip of land, deeded to the City of Clearwater, located on Rogers Street, Clearwater, as recorded in Official Records Book 6302, Page 1729, together with a 20-foot strip of vacated right-of-way which title became vested in the City of Clearwater as a result of Ordinance 9507-21, recorded in Official Records Book 21781, Page 2617, of the Public Records of Pinellas County, Florida, and authorize the appropriate officials to execute same. (APH) On August 5, 1985, the City of Clearwater acquired the fee simple ownership of a 10-foot strip of land for Rogers Street right-of-way abutting existing Rogers Street 40-foot right-of-way. The existing 40-foot right-of-way was vacated by Ordinance 9507-21 on October 21, 2021. The City expressly reserved fee ownership of the north 20 feet of vacated right-of-way included in the total 30-foot strip to be declared surplus. The appraised value of the combined 30-foot strip, an uneconomic remainder, has been determined by James Millspaugh & Associates, Inc., to be Ten Thousand Dollars ($10,000.00). Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council's stated purpose for declaring the property surplus. The appraised value is the dollar amount that city management recommends council set the minimum required bid for a successful bidder to exceed in the Invitation to Bid. In the vacation ordinance, the City expressly reserved a utility easement for the installation and maintenance of any and all public utilities under, over, across and through the entire 30-foot strip described in Exhibit A. City management supports declaring the property surplus for the purpose of sale through Invitation to Bid. Councilmember Bunker moved to declare surplus certain real property formerly used as city right-of-way located in Section 17, Township 29 South, Range 16 East for the purpose of sale to an abutting property to support meaningful development through Page 6 City of Clearwater City Council Meeting Minutes November 3, 2022 proposed Invitation to Bid 01-23, more specifically, declaring a 10-foot strip of land, deeded to the City of Clearwater, located on Rogers Street, Clearwater, as recorded in Official Records Book 6302, Page 1729, together with a 20-foot strip of vacated right-of-way which title became vested in the City of Clearwater as a result of Ordinance 9507-21, recorded in Official Records Book 21781, Page 2617, of the Public Records of Pinellas County, Florida, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8.2 Declare as surplus, certain real property identified as a portion of parcel number 22-29-15-29247-000-0020 at 1498 South Martin Luther King Jr. Avenue, which is legally described as a portion of Lot 2, Foundation Oaks, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida and the south 100 feet of the east 100 feet of the tract of land described in Exhibit A of the lease for the purpose of amendment to the Business Lease Contract for Community Dental Clinic, providing for two successive two-year extensions and authorize the appropriate officials to execute same. (APH) The city-owned property is described as that certain portion of the building located at 1498 South Martin Luther King Jr. Avenue, containing 3354 SF, more or less, of interior floor area measured to the unfinished surfaces of its perimeter walls. It is currently being leased by Community Dental Clinic and being used as a community dental clinic. The City entered a Business Lease Contract with Community Dental Clinic for a period of five years on February 26, 2013. The lease allowed for one option to request an extension of the term of the lease for one successive five-year period which was exercised and terminates on February 26, 2023. Community Dental Clinic has requested a lease amendment to allow two successive extensions for a period of two years each, amending the term to potentially end February 26, 2027. The lease amendment is contingent upon the declaration of the city property as surplus. Councilmember Teixeira moved to declare as surplus, certain real property identified as a portion of parcel number 22-29-15-29247-000-0020 at 1498 South Martin Luther King Jr. Avenue, which is legally described as a portion of Lot 2, Foundation Oaks, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida and the south 100 feet of the east 100 feet of the tract of land described in Exhibit A of the lease for the purpose of amendment to the Business Lease Contract for Community Dental Clinic, providing for two successive two-year extensions and authorize the appropriate officials to Page 7 City of Clearwater City Council Meeting Minutes November 3, 2022 execute same. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9634-22 on second reading, amending the Code of Ordinances Chapter 2, Article V., Division 3, Employees' Pension Plan, to re-establish a cost-of-living benefit for firefighters; amending section 2.421 relating to cost-of-living adjustments for firefighters. Ordinance 9634-22 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9634-22 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 9.2 Adopt Ordinance 9636-22 on second reading, vacating 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, 207 and the west half of Lot 21, located in Hibiscus Gardens, Block O, according to the map or plat thereof as recorded in Plat Book 14, Pages 55-59 of the public records of Pinellas County, Florida. Ordinance 9636-22 was presented and read by title only. Vice Mayor Beckman moved to adopt Ordinance 9636-22 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 10.1Amend Clearwater Code of Ordinances Sections 2.412, 2.416, and 2.419 to increase the multiplier and reduce the vesting period for non-hazardous employees and pass Ordinance 9620-22 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 unions, and subsequently approved by City Council and were presented to the citizens of Page 8 City of Clearwater City Council Meeting Minutes November 3, 2022 Clearwater through a public referendum. The applicable changes to the Pension Fund applied to the non-hazardous employees who were not eligible to retire as of the effective date of the ordinance (January 1, 2013). Those changes included: 1. The employees' pension benefit multiplier was decreased from 2.75% to 2%. 2. The annual 1.5% COLA was delayed by five years on all pensionable earnings for years of service after the effective date of the restated ordinance (January 1, 2013). In 2022, as a result of review of market with regard to pay and benefits, staff began collectively bargaining changes to the Pension Fund for CWA Local 3179 (CWA) and non-hazardous duty FOP employees. As of October 2022, the City and CWA, and the City and FOP, reached tentative agreements which provide for the following changes to the Pension Fund: 1. The pension benefit multiplier for non-hazardous duty employees would increase from 2% to 2.5%. 2. The vesting period for non-hazardous duty employees would be reduced from ten years to five years. These proposed pension benefit changes have been estimated by the City's actuary to cost the City approximately $570,000 in the first year after implementation and approximately $52 million over the next 30 years, equivalent to a discounted present value cost of$19 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 August 31, 2022, the CWA ratified the proposed changes as stated herein, and on October 10, 2022, the FOP ratified the same changes. As participants in the non-hazardous pension plan, non-represented SAMP employees will receive the same updated pension benefits. 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 9620-22 was presented and read by title only. Page 9 City of Clearwater City Council Meeting Minutes November 3, 2022 Councilmember Bunker moved to amend Clearwater Code of Ordinances Sections 2.412, 2.416, and 2.419 to increase the multiplier and reduce the vesting period for non-hazardous employees and pass Ordinance 9620-22 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 10.2Amend City Council Policies 1-5, 1-9, 5-12, 5-13 and delete 1-7, 1-8, 3-7, 4-2, 5-2, 5-3, 5-5, 5-6, 5-8, 5-9, 5-14, 6-1, 6-2, 6-4, 6-5, 6-6, 6-7, 6-8, 8-1, and 8-2. Amend the City Council Policies as follows: Policy 1-5 - Input from Advisory Boards. Councilmembers will agenda discussion items that require advisory board action and provide staff direction if there is council consensus. Staff will assure that input from adviser y hoards regarding issuesssios --ming before the Gity CO moil is noted in the City Ge moil's agenda Items Policy 1-9 - Representative Balance. When making appointments to a board, the City Council will strive to ase ensure the board has a balance of race, gender and geographical area of the City represented. Policy 5-12 - Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City Manager may authorize additional closures. The City of Clearwater and council approved Co-Sponsored events shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. Policy 5-13 - Stationery. The City shall have letterhead designed by Public Communications on which the Qgi seal will be imprinted to be used for official city business. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. The Vice-Mayor designation will not be identified on any of the shirts, business cards, letterhead, or nametags with the City of Clearwater. Exception: The Gas Division may use its logo. Staff is recommending deleting the following policies as they are currently codified in city code, Florida Statutes, or handled as a department policy: 1-7 Letterhead -Advisory Boards are not currently issued letterhead. 1-8 Non-Board Business Functions - State law addresses Sunshine Law violations. 3-7 Information Available to the Public and Press - Information not available online is provided in adherence to public records law. 5-2 Block Party Insurance Requirement - More appropriate as department policy (Risk). 5-3 Bright and Beautiful - This is a function of the budget process and the Page 10 City of Clearwater City Council Meeting Minutes November 3, 2022 strategic plan. 5-5 City Sponsored Events - More appropriate as department policy (Finance). 5-6 Copyright Fees -ASCAP sets fees. 5-8 Economic Incentive Policy - More appropriate as a department policy (Economic Development & Housing). 5-9 Fire Lanes - More appropriate as a department policy (Police Department). 5-14 Welcome Letters - More appropriate as a department policy. Planning & Development mails welcome letters to all annexed properties. 6-1 Annexation Agreements - Codified in the Community Development Code. 6-2 Brick Streets - More appropriate as a department policy. Engineering is tasked with implementing policy. 6-4 Landscaping City Roads - Codified in the Community Development Code. 6-5 New Sidewalks - More appropriate as a department policy (Engineering). 6-6 Parks & Recreation Card to Annexing Property - Individuals should receive a Parks & Recreation card after their petition for annexation has been approved and the property is officially located within city limits, not upon acceptance of the annexation application. 6-7 Petitions for Annexation - Codified in the Community Development Code. 6-8 Subdivision Monuments - Codified in the Community Development Code 8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities - More appropriate as a department policy (Parks & Recreation). 8-2 Amplification of Sound at City Venues - Codified in the Community Development Code. One eComment in opposition was read into the record by the City Clerk (see page 15). Councilmember Teixeira moved to amend City Council Policies 1-3, 1-5, 1-9, 3-11, 5-12, 5-13 and delete 1-7, 1-8, 3-7, 5-2, 5-3, 5-5, 5-6, 5-8, 5-9, 5-11, 5-14, 6-1, 6-2, 6-4, 6-5, 6-6, 6-7, 6-8, 8-1, and 8-2. The motion was duly seconded and carried unanimously. 10.3CIearwater Gas System/City Sponsorships In response to questions, Clearwater Gas System Interim Director Brian Langille said the total allocation for the Clearwater Gas System's sponsorships is within the city manager's authority. The City Manager requested staff to share the sponsorship list with Council for transparency and allow Council to review the sponsorships CGS would not fund for potential city sponsorships. In response to a concern regarding how discussion items at a work session are voted on at the council meeting, the City Attorney said he saw no legal issue how the agenda item is categorized. He said it would be a good discussion for Council to identify how they wish agenda items to be Page 11 City of Clearwater City Council Meeting Minutes November 3, 2022 presented. The City Clerk said historically the City Manager has placed items on the work session under City Manager Verbal Reports that were title only. Any action or direction by Council would be based by the discussion held. She said City Attorney Verbal Reports in the past have been handled in the same manner. The City Manager said when he asks Council for guidance and there is no unanimity, he will ask for a vote from Council. He said the sponsorships are recommendations for Council to consider adding within the context of the established budget. Discussion ensued with comments made that CGS eliminated sponsorships that did not fit well and Council may include those sponsorships as a line item in Council's budget. Suggestions were made that all agenda items include a recommended action in the legislative text and that Clearwater Gas System, moving forward, set their sponsorship and advertising budget to be in-line with other municipally-owned utilities. In response to questions, Mr. Langille said sponsorship opportunities are provided to non-profits or entities that provide value and visibility to the Clearwater Gas System. Most of the sponsorship requests are received at the beginning of the fiscal year. The City Attorney said there are few legal restrictions on the ability to do sponsorships and advertising. As an enterprise fund, CGS has every right to advertise. He did not recommend CGS use funds to sponsor events outside of the service area. The City Manager said CGS sponsorships support marketing and advertising in an effort to reach potential customers. The sponsorships are not grants. The long-standing sponsorships that did not benefit CGS in the acquisition of new customers were moved to a line item in Council's budget, which will be part of the overall general fund budget next year. He said Council can increase the line item and determine which organizations are funded. Finance Director Jay Ravins said it is Council's purview to choose which non-profits or charitable organizations are funded with taxpayer dollars. Councilmember Allbritton moved to amend Item 10.3 amending the council budget to $66,350 to include the Chi Chi Rodriguez Youth Foundation Inc sponsorship ($2,750). The motion was duly seconded and carried unanimously. Councilmember Allbritton moved to approve Item 10.3, as amended. The motion was duly seconded and carried unanimously. Page 12 City of Clearwater City Council Meeting Minutes 11. City Attorney Reports — None. 12. Closing comments by Councilmembers (limited to 3 minutes) November 3, 2022 Councilmember Teixeira said it has been a busy couple of weeks getting information out the public regarding the referendum. She said she spent time with fire department personnel and enjoyed going on calls and eating a meal with them. She said Salsa night was a fantastic event and she enjoyed the folklore, dance, and music. Councilmember Bunker encouraged all to vote yes on the referendum. Vice Mayor Beckman said she has been enjoying all the Halloween festivities and said there are more events planned. She said a couple neighborhoods would be painting or refreshing their street murals. She encouraged all to vote. Councilmember Allbritton begged all to vote yes on the referendum. 13. Closing Comments by Mayor 14. Adjourn Attest City Clerk City of Clearwater Mayor Hibbard reviewed recent and upcoming events. He provided Council with a copy of a form he prepared for the upcoming evaluations. The meeting adjourned at 8:33 p.m. J.04.0 10-4, Mayor City of Clearwater Page 13