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12/15/2022 City Council Meeting Minutes December 15, 2022 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Thursday, December 15, 2022 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes December 15, 2022 Roll Call Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Lina Teixeira Also Present: Michael Delk—Assistant City Manager, Jennifer Poirrier—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 — Mayor Hibbard 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 December Service Awards One service award was presented to city employees. 5. Approval of Minutes 5.1 Approve the minutes of the December 1, 2022 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the minutes of the December 1, 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 Mark Birenbaum opposed the proposed charter school at Nursery Road Page 2 City of Clearwater City Council Meeting Minutes December 15, 2022 and expressed concerns with the plat notice. Mr. Holuba said in order to have a letter of reprimand drafted for a Clearwater officer, he must petition the Clearwater Police Chief. He requested the Police Chief to draft a reprimand letter for Bylynn Hatcher. 7. Consent Agenda — Approved as submitted. 7.1 Approve the contract with Pinellas Community Foundation (PCF) in an amount of $1,000,000 of ARPA funds for distribution to organizations to provide services for housing and social service needs and authorize the appropriate officials to execute same. (consent) 7.2 Approve a contract (purchase order) with Toole Design Group, LLC, in the amount of $268,735 to develop a new parks and recreation master plan, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback (Forward Pinellas Planning Consultants 20-01), and authorize the appropriate officials to execute same. (consent) 7.3 Approve purchase orders to ErgoFlex Systems, Inc. dba Xybix Systems, Inc. of Littleton, CO and Concept Seating Government, LLC of Brookfield, WI for the purchase and installation of dispatch consoles and workstations, specialty chairs, and new carpet at the Clearwater Police Department Communication Center in the amount of$430,583.35, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.563 (1)(d), Non-competitive purchases, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the final plat for Airport Drive Villages located at 514 Brandon Avenue. (consent) 7.5 Authorize purchase orders to Bureau Veritas North America of St. Cloud, FL, C.A.P. Government, Inc. of Coral Gables, FL, Joe Payne Inc. of Tampa, FL and Quorum Services of Tampa, FL for code inspection and plan review services in the cumulative not-to-exceed amount of$500,000.00, from January 1, 2023 through September 30, 2023, and a cumulative annual not-to-exceed amount of$850,000.00 for the three one-year term extension renewals pursuant to Invitation to Bid No. 02-23, Code Inspection and Plan Review Services, and authorize the appropriate officials to execute same. (consent) 7.6 Approve the acceptance of federal grant funds from Federal Emergency Management Agency (FEMA), Florida Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) in the amount of$462,000.00 in federal funds and approve a required local match of$154,000.00 by the City to provide protection to eight lift stations in Clearwater, FL. and authorize the appropriate officials to execute same. (consent) 7.7 Authorize purchase orders to Ferguson US Holdings, Inc. dba Ferguson Enterprises LLC Page 3 City of Clearwater City Council Meeting Minutes December 15, 2022 of Newbury, FL, Badger Meter Inc. of Milwaukee, WI and Consolidated Pipe and Supply Company, Inc. of Birmingham, AL, for the supply of potable and reclaimed water meters, in an annual not-to-exceed amount of$428,685.00 with the option for two, one-year extensions pursuant to Invitation to Bid 50-22, Potable and Reclaimed Water Meters, and authorize the appropriate officials to execute same. (consent) 7.8 Authorize a purchase order to Chemtrade Chemicals US LLC of Parsippany, NJ, for Liquid Aluminum Sulfate in an annual not-to-exceed amount of$175,000.00 for the period of December 20, 2022 through December 19, 2023, with the option for two, one-year renewals at the City's discretion, pursuant to Invitation to Bid 03-23, Liquid Aluminum Sulfate, and authorize the appropriate officials to execute same. (consent) 7.9 Approve an amendment to that certain Service and Access Agreement and Schedule D therein (now known as the Site License Agreement and formerly known as the Tower Lease) dated June 2, 2002 (Agreement), between L31darris Corporation of Lynchburg, VA, (successor in interest to MA/COM) and the City of Clearwater, providing for an additional three-month extension through March 31, 2023, authorize the associated purchase order in a not-to-exceed amount of$83,000.00, and authorize the appropriate officials to execute same. (consent) Vice Mayor Beckman moved to approve the Consent Agenda as 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 Approve of the City of Clearwater's Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER). (APH) The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City's expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs to the U.S. Department of Housing and Urban Development (HUD). For Fiscal Year (FY) 2021-2022, the City's entitlement allocation was $922,626 in CDBG and $452,259 in HOME program funds, $963,862 of Prior Year funds, $1,695,850 of Program Income and $1,777,795 in CDBG Revolving Loan funding for a total budget of$5,812,392 from federal funds. Through the CDBG and HOME program activities, total expenditures were Page 4 City of Clearwater City Council Meeting Minutes December 15, 2022 $1,375,885 in FY 2021-2022. Funds not expended from this year's budget will be programmed in future years. In addition to reporting activities carried out with federal money, a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program and Pinellas County Housing Trust Fund (PCHTF) Program is also included in the narrative section. For FY 2021-2022, SHIP fund expenditures totaled $940,350 and PCHTF fund expenditures totaled $48,400. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD's Annual Report to Congress, and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater's FY 2021-2022 CAPER contains information on the City's assessment of the following activities: - Assessment of Five-Year Goals and Outcomes - Resources and Investments - Affordable Housing - Homeless and Other Special Needs - Public Housing - Other Actions to Address Barriers to Affordable Housing - Monitoring - CDBG - HOME A list of notable accomplishments utilizing federal, state, and local funds for FY 2021-2022 include: - Provided seven down payment & closing cost assistance loans totaling $296,300. - Completed the rehabilitation of seven multi-family rental units at Lexington Club at Renaissance Square with a total cost of$300,000. - Expended $595,172 for 14 Public Facilities projects. Facility improvements were made to the following: St. Vincent de Paul Community Kitchen and Resource Center rehabilitation, Clearwater Martin Luther King, Jr. Neighborhood Center Coalition's MLK Jr. Community Center rehabilitation, R'Club Child Care's Gateway and Breeden Early Learning Academy renovations, Clearwater Neighborhood Housing Services business center roof rehabilitation, Directions for Living's exterior safety and security improvements, Homeless Emergency Project's (HEP) affordable supportive housing improvements, City of Clearwater's Belmont Park improvements, Miracles Outreach Community Development Center's youth group home rehabilitation, The Arc Tampa Bay's facility rehabilitation, Homeless Emergency Project's (HEP)Adult homeless shelter Page 5 City of Clearwater City Council Meeting Minutes December 15, 2022 (Phase 4); RCS Pinellas' Food Bank; Salvation Army's Mallory Powell Social Services Campus, and Directions for Living's headquarters facility. - Expended $166,500 for operational support for 8 Public Service providers. Funds were used for salary support for The Kimberly Home's Transitional Housing Program, case management for St. Vincent de Paul's Community Kitchen & Resource Center, Gulfcoast Legal Services, Intercultural Advocacy Institute, Pinellas Ex-offender Re-entry Coalition, WestCare-Florida's Turning Point facility, Hope Villages of America, and Pinellas Opportunity Council's senior services. In addition, the City expended $100,119 in CDBG-CV funds for COVID-19 public services for Tampa Bay Community Development Corporation's rent/utility assistance, Directions for Living's case management for seniors at Prospect Towers, and Homeless Leadership Alliance of Pinellas' housing navigation. - Provided $107,063 for technical assistance services to Hispanic Business Initiative Fund of Florida, Inc. dba Prospera and Tampa Bay Black Business Investment Corporation that assisted 18 entrepreneurs and businesses. - Provided $26,325 to two organizations to deliver homeownership education and counseling to assist 151 Clearwater residents: Clearwater Neighborhood Housing Services and Tampa Bay Community Development Corporation. - Contributed $100,000 through the city's General Fund to Pinellas Safe Harbor; $50,000 to Homeless Emergency Project, Inc.; $25,000 to the Homeless Leadership Alliance; $40,000 to Pinellas Hope; $25,000 to Hope Villages of America (formerly RCS Pinellas); and $10,000 to The Salvation Army of Upper Pinellas. Overall federal, state, and local funding assisted 21,787 persons, 175 households, and 18 businesses. On December 13, 2022, the Neighborhood and Affordable Housing Advisory Board recommended City Council approve the CAPER as written. The CAPER is due annually to HUD no later than December 31. Councilmember Bunker moved to approve the City of Clearwater's Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing — None. 10. City Manager Reports 10.1 Establish a Ready for 100- goal in which the City aims to transition 100% of electricity consumed in city operations to clean energy by 2040 and 100% of electricity consumed citywide to clean energy by 2050 and adopt Resolution 22-22. Page 6 City of Clearwater City Council Meeting Minutes December 15, 2022 City staff and the Environmental Advisory Board recommend that a "Ready for 100" resolution be adopted by City Council. This resolution includes targets in which the City would convert its electricity consumption to come from clean, renewable energy sources both in its municipal operations and citywide. Energy efficiency, on-site renewable energy, and utility-provided solar programs are essential to the success of these "Ready for 100" goals. Discussion ensued with comments made that the technology is evolving faster than one can handle, that the Ready for 100 is an aspirational goal, and that adopting the resolution will commit the City to realize clean energy goals and financial savings. A concern was expressed that the resolution lacks clarity on how the goal will be accomplished. Resolution 22-22 was presented and read by title only. Councilmember Teixeira moved to establish a Ready for 100-goal in which the City aims to transition 100% of electricity consumed in city operations to clean energy by 2040 and 100% of electricity consumed citywide to clean energy by 2050 and adopt Resolution 22-22. 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 10.2Approve a Venue License Agreement between the City of Clearwater and Ruth Eckerd Hall to provide quality venue management services, ticketing services, and food and beverage services at the waterfront amphitheater venue and authorize the appropriate officials to execute same. In response to questions, Ruth Eckerd Hall CEO Susan Crockett said REH can provide the City with an annual statistical report regarding the attendees. Attendees home address and contact information will not be provided as purchasers are assured that remains private. The preliminary asset list identifies the assets REH will invest in, the seating, wayfinding signage, and WiFi are being addressed by the City. REH is working with city staff to determine what items are needed under the VIP and dressing room furniture line items that REH will need to purchase. Finance Director Jay Ravins said staff provided a copy of Webb's estimate for the operations, which staff has used for general fund Page 7 City of Clearwater City Council Meeting Minutes December 15, 2022 forecasts and budgeting. Webb's estimates for years one through five are included in the proposed agreement. The general fund will cover any deficit for operations, as well as the park maintenance and debt service on the bonds. Ms. Crockett said there is great potential in sponsorships,- once ponsorships,once the venue is open and proves itself, it will attract more sponsorship dollars. Parks and Recreation Director Jim Halios said staff is working with REH to determine how best to secure the stage while not in use. Assistant City Manager Michael Delk said there will be a series of 4 feet permanent decorative fencing around the venue, with 6-feet decorative fencing that extends toward the bluff walk. When the venue is not in use, the public will have access to the venue area. The stage will not be cordoned off but the stage floor area will be locked and secured. He said the public will be able to access the area under canopy when not in use. He said the restrooms next to the venue can be closed as there are other restroom facilities in proximity, if needed. As limited by the city charter, non-permanent seating will be used that REH will be responsible for setting up and taking down. The City does not have to ask REH to remove the seats after every event if there are two or three consecutive events scheduled. Ms. Crockett said the seats will be stored in the storage room located in the northwest corner of the stage. Parks & Recreation Downtown Core/Venue General Division Manager Kris Koch said the individual seats can be locked into blocks of 4 or 5 chairs. Ms. Crockett said individuals outside of the paid-event perimeter will not be charged. Mr. Halios said City Council will decide the city events and determine if the events will be free or charge a fee per ticket. Ms. Crockett said the agreement includes language that allows the City to lock in dates if scheduled a year in advance, afterwards the events are scheduled upon availability. Mr. Koch said staff will present a list of recommended community events for Council to approve in April. Staff will provide REH a list of the historical city*events to meet the 1-year scheduling requirement, modifying the dates after Council approves the list. Councilmember Allbritton moved to approve a Venue License Agreement between the City of Clearwater and Ruth Eckerd Hall to provide quality venue management services, ticketing services, and food and beverage services at the waterfront amphitheater venue and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 11. City Attorney Reports The City Attorney said the City has successfully closed on the Peace Memorial transaction. The Community Redevelopment Agency has the Page 8 City of Clearwater City Council Meeting Minutes December 15, 2022 deed to Peace Memorial. The design of the garage is underway. He said the city has made some commitments to Peace Memorial during the construction of the garage; the City will accommodate Sunday worship parking demands. He said approximately 120 parking spaces are needed. 12. Other Council Action 12.1 Discuss City Manager Salary. The performance evaluation discussion for the City Manager was conducted by City Council at the November 16, 2022 council meeting. The council discussion concerning salary is conducted at the subsequent meeting. At the December 1, 2022 meeting, Council continued the discussion to the council meeting. APPROPRIATION CODE AND AMOUNT: For Fiscal Year 2022, a 4% increase has been budgeted, consistent with all SAMP employees. Any increase above 3.5% would require a budget amendment using an appropriation from general fund reserves. It was stated that Council approved the City Attorney's salary increase at the last meeting, effective immediately, but the increase should have been effective retroactive to the beginning of the fiscal year. There was council consensus to approve the City Attorney's salary increase retroactive to the beginning of the fiscal year. It was stated that the City Manager was not present tonight because he was aware that members of Council lacked confidence in him. Discussion ensued regarding the City Manager's performance with comments made that the City Manager is not a good fit for the city and has not improved communicating information to Council. It was stated that the City Manager has completed a re-organization and did a great job this past weekend recognizing employees at the Clearwater Marine Aquarium. Comments were made that the City Manager has implemented many changes and should be given an opportunity to address council concerns. Page 9 City of Clearwater City Council Meeting Minutes December 15, 2022 The City Attorney said, per the city charter, the city manager serves at the pleasure of Council. When it comes to removal of the city manager, there are two avenues available to Council: 1) single meeting (at least four affirmative votes to remove, effective immediately or at a future date of Council's choosing) and 2) dual meeting (if three affirmative votes, a second reading on this action is required, the termination would not be effective until the second reading). Councilmember Teixeira moved to terminate City Manager Jon Jennings. The motion was duly second and carried with the following vote: Ayes: 3 - Mayor Hibbard, Vice Mayor Beckman and Councilmember Teixeira Nays: 2 - Councilmember Allbritton and Councilmember Bunker In response to a question, the City Attorney said the next council meeting will be on Thursday, January 12, 2023. The City Charter requires the second reading on this action be held at least two weeks after. Council may schedule the second reading at the next regularly scheduled council meeting or schedule a special meeting. There was council consensus to hold the second meeting on Thursday, January 5, 2023. 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Allbritton wished everyone a Merry Christmas and Happy Holidays. Vice Mayor Beckman said being an elected official means making difficult decisions and she feels comfortable with tonight's vote. She said change is ok and that Jon Jennings will find another position that is a better fit. She said she is proud of all the fun activities that were offered this holiday season. Councilmember Bunker said Merry Christmas and Happy Holidays. Councilmember Teixeira thanked the organizations and neighborhoods that invited Council to celebrate with them. 14. Closing Comments by Mayor— None. Page 10 City of Clearwater City Council 15. Adjourn Attest Meeting Minutes December 15, 2022 The meeting adjourned at 7:28 p.m. tbd-eJW LQILcc0 City Clerk City of Clearwater ayor City of Clearwater Page 11