01/12/2023 City Council Meeting Minutes January 12, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
m
ap
® e
Meeting Minutes
Thursday, January 12, 2023
6:00 PM
Main Library - Council Chambers
City Council
Page 1
City of Clearwater
City Council Meeting Minutes January 12, 2023
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Jennifer Poirrier— Interim 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
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 January Service Awards
Two service awards were presented to city employees.
The January 2023 Employee of the Month Award was presented to
Macie Tripple, Parks & Recreation.
The Good Neighbor Award was presented to the Hurricane Ian
Response Team: Parks and Recreation: Matt Anderson, Ali Ismailoski,
Chancee Anderson, Chad Paukert, Erick Peterson, Fire: Walter Ramos,
Nicholas Esposito, Police: Lt. Michael Spitaleri, Police Aide Rex
Whittenberger, Sgt. Ryan McMullen, Detective Jassie Leeman, Sgt. Jeff
DiVincent, Detective William Giannas, Sgt. Craig Murray, Sgt. Chris
Pranschke, and Officers Marcos Valdes, Rhobby Jenkins, Steven
Vanezia, Seth Stiers, Kyle Bingham, Samuel Gaston, Adam Menergink,
Cole Klein, Cody Steele, Jared Coupland, and Michael Kontodiakos.
4.2 ARC Tampa Bay Foundation - 2022 Festival of Trees Presentation - Kim Cole,
Page 2
City of Clearwater
City Council Meeting Minutes January 12, 2023
Director of Special Events and Marketing
4.3 National Mentoring Month Proclamation January 2023 - Debbie Buschman, Lunch
Pals Coordinator, Office of Strategic Partnerships Pinellas County Schools
4.4 2022 Citywide Big Cleanup Presentation - Calleigh Ross, Volunteer Specialist
Parks and Recreation Volunteer Specialist Calleigh Ross provided a
PowerPoint presentation.
4.5 Neighborhood and Affordable Housing Advisory Board Annual Presentation - Camille
Hebting, Chair
Chair Hebting will provide a review of NAHAB's recent work and priorities for
2023.
Chair Hebting provided a PowerPoint presentation.
5. Approval of Minutes
5.1 Approve the minutes of the December 15, 2022 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
December 15, 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
Rudy Michalek provided an update of recent events regarding the Chart
House project and expressed concerns with violations found in the
architectural drawings and the use of "reserve"rooms.
Malika McCluster reviewed the activities and services provided at the
Clearwater Neighborhood Family Center. She said the activities and
programs target grades K-5.
Erma Boateng said the Clearwater Neighborhood Family Center
provides referrals to families with special needs, free notary services,
food stamp assistance, and free income tax assistance.
Karen Miracle expressed safety concerns for the individuals seek health
care and the volunteers at Bread and Roses Woman's Health Center.
Page 3
City of Clearwater
City Council Meeting Minutes January 12, 2023
She said extremists are harassing and intimidating the patients and
individuals entering the facility.
Richard DeSantis said many of the deficiencies identified in the Decade
Property project plans and specs have not been addressed and that
residents have identified at least 14 issues of non-compliance.
Lisa Lanza invited all to attend the Dunedin Film Festival.
7. Consent Agenda — Approved as submitted, less Item 7.7.
7.1 Approve settlement of workers' compensation claims for payment of$230,000 to
David Dalton, inclusive of attorney fees and costs with a general release of all claims,
plus an additional $8,888 reimbursement of out-of-pocket medical expenses, and
authorize the appropriate officials to execute same. (consent)
7.2 Approve an indemnification agreement between Enchantment, LLC, located at 400
Gulf Boulevard, Indian Rocks Beach, Florida, and the City of Clearwater Police
Department for the purpose of hosting a training event on January 25, 2023 and
authorize the appropriate officials to execute same. (consent)
7.3 Approve a Construction Manager at Risk (CMAR) contract and pre-construction phase
proposal with J. Kokolakis Contracting Inc., of Tarpon Springs, FL for the Beach
Marina Replacement (21-0008-MA) in the amount of$99,264 pursuant to Request for
Qualification (RFQ) 19-22 and authorize the appropriate officials to execute same.
(consent).
7.4 Accept the annual report of the status of Transfers of Development Rights (TDRs).
(consent)
7.5 Approve a work order to Jones Edmunds and Associates, Inc. of Tampa, FL, for the
East WRF Screw Pump Replacement project (22-0028-UT), in the amount of
$216,585, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record
Continuing Services (EOR), and authorize the appropriate officials to execute same.
(consent)
7.6 Authorize a purchase order to Odyssey Manufacturing Company of Tampa, FL, for
Liquid Sodium Hypochlorite in the annual not-to exceed amount of$1,200,000 for the
period of January 17, 2023 through January 16, 2024, with two one-year renewals at
the City's discretion and authorize the appropriate officials to execute same. (consent)
7.7 Set interim salary for Interim City Manager Jennifer Poirrier at 20%. (consent)
See below.
7.8 Appoint Lindsay Dicus-Harrison to the Neighborhood and Affordable Housing Advisory
Page 4
City of Clearwater
City Council Meeting Minutes January 12, 2023
Board, as the citizen who is actively engaged as a real estate professional in connection
with affordable housing, with a term to expire June 30, 2026. (consent)
7.9 Appoint Robert Kantor to the Sister Cities Advisory Board with a term to expire
January 12, 2027.
7.10Approve an agreement with Van Scoyoc Associates, Inc. to provide lobbying services
at the federal level from January 12, 2023 through December 31, 2027 at a cost of
$7,500 per month, plus estimated expenses of$3,000, not to exceed $93,000 per
year, and authorize the appropriate officials to execute same. (consent)
7.11Authorize the City Attorney to hire Dayes Law Firm, PLLC to represent individual city
employees in civil claims arising under 42 U.S.C. 1983 in which the City Attorney's
Office has a conflict of interests, or in which in-house defense of the claim is
impractical due to workload, approve the Legal Services Agreement and authorize the
appropriate officials to execute same. (consent)
7.12Approve First Amendment to the Property Exchange Agreement between the City and
PSTA, extending the deadline to finalize and approve the leaseback agreement
provided for in the Exchange Agreement, approve the lease between the City and
PSTA, and authorize the appropriate officials to execute same.
Vice Mayor Beckman moved to approve the Consent Agenda as
submitted, less Item 7.7, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
7.7 Set interim salary for Interim City Manager Jennifer Poirrier at 20%. (consent)
At the January 5, 2023 special city council meeting, City Council appointed
Jennifer Poirrier Interim City Manager. There was council consensus to set the
interim salary increase at 20%, which was provided to former Interim City
Manager Micah Maxwell on August 5, 2021.
Human Resources Director Billie Kirkpatrick said during the last interim
city manager appointment, the employee received an interim 20% salary
increase on top of the base salary and an assignment pay, resulting in a
32% interim salary increase. The interim salary increase would be
retroactive to December 16, 2022.
Councilmember Bunker moved to set interim salary for Interim City
Manager Jennifer Poirrier at 32%, retroactive to December 16, 2022.
The motion was duly seconded and carried unanimously.
Page 5
City of Clearwater
City Council Meeting Minutes January 12, 2023
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Declare as surplus, a certain portion of real property located at 1000 N. Hercules
Avenue, for the purpose of the City of Clearwater entering into a lease and property
operation agreement with FIyUSA PV, LLC for an initial term of five years with one
five-year unilateral renewal option, at the discretion of FIyUSA PV, LLC, and four
subsequent five-year renewal options subject to mutual agreement of both parties;
and authorize the appropriate officials to execute same. (APH)
The city-owned property (Property) is described as that certain portion of real
property located at 1000 N. Hercules Avenue being more particularly described
as follows:
Commence at the center of Section 12, Township 29 South, Range 15 East:
thence run N 890 19' 10" W, along the East-West centerline of said Section 12,
a distance of 50.00', to a point on the West right-of-way line of Hercules
Avenue and the Point of Beginning; thence N 000 16' 59" E, along said West
right-of-way line of Hercules Avenue, a distance of 34.91'; thence N 890 29' 00"
W, a distance of 252.19'; thence N 000 40' 34" E, a distance of 173.37'; thence
N 890 19' 26" W, a distance of 328.99'; thence N 000 16' 55" E, a distance of
300.00' to a point on the South right-of-way of Grand Avenue; thence N 890 19'
26" W, along said South right-of-way of Grand Avenue, a distance of 475.00';
thence N 000 16' 59" E, a distance of 756.48'; thence N 890 19' 26" W, a
distance of 401.74'; thence N 250 13' 17" W, a distance of 1610.02'; thence S
650 50' 39" W, a distance of 294.56'; thence S 240 09' 21" E, a distance of
633.55'; thence N 890 01' 19" W, a distance of 8.74'; thence S 250 13' 17" E, a
distance of 3715.92'; thence S 000 16' 59" W, a distance of 160.49'; thence S
890 20' 18" E, a distance of 564.75' to a point on said West right-of-way line of
Hercules Avenue; thence N 000 16' 59" E, along said West right-of-way line of
Hercules Avenue, a distance of 1489.39' to the Point of Beginning.
Containing 60.21 Acres, more or less.
The Property includes portions of the following tax folio numbers:
12-29-15-55836-001-0012, 12-29-15-55836-001-0001,
12-29-15-70182-200-1200, 12-29-15-70182-200-0701,
12-29-15-70182-200-0702, 12-29-15-55836-001-0013,
12-29-15-55836-001-0006, 12-29-15-55836-001-0011,
12-29-15-55836-001-0007, and 01-29-15-70164-300-2501.
The Property is currently being leased to Clearwater Airpark, Inc. for the
operation of the Clearwater Airpark with said lease set to expire on February
28, 2023. Starting on March 1, 2023, the City intends to commence a new
Page 6
City of Clearwater
City Council Meeting Minutes January 12, 2023
lease and operation agreement with FIyUSA PV, LLC who will take over
operation of the airpark. Since the new lease and operation agreement
provides for an initial term of five years with one five-year unilateral renewal
option, at the discretion of FIyUSA PV, LLC, and four subsequent five-year
renewal options subject to mutual agreement of both parties, a declaration of
surplus is required for the City to enter into the agreement.
Therefore, the lease and operation agreement is contingent upon the
declaration of the property as surplus.
FIyUSA representative Brian Aungst said the item before Council is not
related to the lease. The city charter includes a provision requiring a
declaration of surplus for any lease for more than a five-year term. The
declaration of surplus does not divest the City of ownership or control of
the property. He said declaration of surplus does not allow the City to
sell the property without another public process, public hearing and
purchase/sale agreement. The current lease term has been in place for
22 years. Based on this interpretation of the charter, the property should
have already been declared surplus in 2000.
Three individuals spoke in opposition.
One individual questioned if the north runway was built over a landfill
and suggested the State's use of surplus property for affordable housing
may be applicable.
In response to questions, the City Attorney said the surplus declaration
is a technicality under the city charter that provides additional notice to
the public to memorialize the sobriety of the decision. In the context of
the city charter, surplus means a condition preceding to entering into
a long-term lease. When a city enters into a long-term lease, it will likely
exceed the term of office of those sitting at the dais. He said issues
related to the lease term or management of the facility should be raised
under Item 9.2. The Landings is adjacent to the property and not part of
the property being encumbered. There is no indication from FIyUSA that
they plan to develop OSR space. Mr. Aungst said city staff prepared a
visual legal description of the property that is attached to the agenda
item and as an exhibit to the lease. No portion of the leasehold that
consists of OSR space or Marymount Park.
Councilmember Teixeira moved to declare as surplus, a certain
portion of real property located at 1000 N. Hercules Avenue, for the
purpose of the City of Clearwater entering into a lease and property
operation agreement with FIyUSA PV, LLC for an initial term of five
years with one five-year unilateral renewal option, at the discretion
Page 7
City of Clearwater
City Council Meeting Minutes January 12, 2023
of FlyUSA PV, LLC, and four subsequent five-year renewal options
subject to mutual agreement of both parties; and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
8.2 Approve amendments to the Clearwater Comprehensive Plan Utilities Element to
address the City of Clearwater's Potable Water Supply Facilities Work Plan
(2022-2032 Planning Period) and pass Ordinance 9637-23 on first reading.
(CPA2022-10001)
This proposed ordinance contains amendments to the Utilities Element of the
Clearwater Comprehensive Plan to include updated information based on the
recent update to the Potable Water Supply Facilities Work Plan (2022-2032),
completed by McKim & Creed, Inc.
Section 163.3177, Florida Statutes, requires local governments to update their
comprehensive plans, including their 10-year Water Supply Facility Work
Plans, to incorporate relevant water supply options, conservation initiatives,
and updated service area projections within 18 months after the approval of the
regional water supply plan. The Southwest Florida Water Management District
(SWFWMD) approved its updated Regional Water Supply Plan on November
17, 2020.
The City last updated its water supply work plan and this section of the
Comprehensive Plan in 2017, at which time it ensured consistency with the
requirements in the statutes for this required element; therefore, this
amendment involves updating existing policies, previously found to be in
compliance with state requirements, and based on more current data.
The Community Development Board (CDB) reviewed the proposed
amendment at its meeting on December 20, 2022 and unanimously
recommended the amendment for 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.
Ordinance 9637-23 was presented and read by title only.
Councilmember Allbritton moved to approve amendments to the
Clearwater Comprehensive Plan Utilities Element to address the
City of Clearwater's Potable Water Supply Facilities Work Plan
Page 8
City of Clearwater
City Council Meeting Minutes January 12, 2023
(2022-2032 Planning Period) and pass Ordinance 9637-23 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 North Greenwood Community Redevelopment Area Plan and adopt
Resolution 23-01.
The purpose of a Community Redevelopment Plan is to address the unique
needs of the targeted area and includes the overall goals for redevelopment in
the area, as well as identifying specific projects. The North Greenwood
Community Redevelopment Area Plan (CRA Plan) establishes policies and
strategies that guide future actions and projects of the city's Community
Redevelopment Agency. The plan includes strategies designed to promote the
improvement of North Greenwood's social and physical conditions within the
future 20-year planning horizon. They are intended to minimize negative
impacts of gentrification and displacement with a focus on the most vulnerable
populations who are low-income people of color.
There was extensive engagement and outreach done to build consensus and
provide a better understanding of community needs and the marketplace to
guide development of the CRA Plan. Through the public engagement process
six overriding goals were identified and the implementation strategies in the
CRA Plan are organized by these goal topics, which include: Public Safety,
Mobility, Poverty Reduction, Housing Availability, Quality of Life, and Invest in
Youth. These implementation strategies have two primary sources of funding-
Tax Increment Financing (TIF) and American Rescue Plan Act Funds (ARPA).
Tax increment financing projections have been calculated for the CRA using
the 2021 property tax value as the base year for the CRA; however, the intent
is to base the CRA on the 2022 property tax value when it is available. TIF
projections for the CRA assumed city and county millage rates would remain
constant, property value would increase 3% each year, and there would be
$100 million in development in the Old Bay District (accounted for in years
6-12). Based on these assumptions, it is projected that the CRA could
generate approximately $30 million in tax increment over the next 20 years.
Additionally, City Council approved $5 million in ARPA funding to go towards
implementation of the CRA Plan. This funding must be allocated by the end of
2024 and spent by the end of 2026.
People- and place-based strategies were identified and organized in the CRA
Implementation Table in Chapter 4 of the CRA Plan by goal topics and include
the estimated cost, funding source(s), and timeline for execution and who will
lead the project or strategy.
The Community Development Board (CDB), in its capacity as the Local
Planning Agency, reviewed the proposed North Greenwood Community
Page 9
City of Clearwater
City Council Meeting Minutes January 12, 2023
Redevelopment Area Plan at a public hearing on December 20, 2022, and
unanimously recommended approval of Resolution No. 23-01 to City Council.
However, after the CDB meeting, the city received comments from Pinellas
County staff that required changes to the CRA Plan before it is presented to
the City Council. The changes include a correction to the county millage rate,
which resulted in an update to Table 11 TIF Projections and Appendix C Tax
Increment Projection. Appendix E TIF Expenditures was added to address
several County staff comments and includes a narrative covering how the
projects and strategies connect to the Finding of Necessity Study and that the
city will not incur debt as a result of this CRA. Appendix E also includes tables
that were created from the existing Tables 14 and 15 to show only items
funded by TIF dollars and specifically identify which projects and strategies will
be funded by County TIF dollars. The total projected TIF increment as well as
the total proposed TIF expenditure for each year over the first ten years is
included in the tables.
The Community Redevelopment Agency reviewed the proposed North
Greenwood Community Redevelopment Area Plan at a public hearing on
January 9, 2023 and unanimously recommended approval of Resolution No.
23-01 to City Council with the following changes: appoint all members of the
Citizen Advisory Board, with three members appointed by the City of
Clearwater City Council and two members appointed by the Pinellas County
Board of County Commissioners; remove the stipend for the members; and
include direction that members serve staggered terms. These changes have
been integrated into the CRA Plan, which is Exhibit A to Resolution 23-01.
The Council has the authority for the final decision on plan adoption. After local
adoption, the CRA Plan will be transmitted to the Board of County
Commissioners for their consideration, which is anticipated to take place in
April or May of 2023.
Planning Division Manager Jayme Lopko provided a PowerPoint
presentation.
One individual spoke in support.
Resolution 23-01 was presented and read by title only.
Vice Mayor Beckman moved to approve the North Greenwood
Community Redevelopment Area Plan and adopt Resolution 23-01.
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
8.4 Approve establishing a Redevelopment Trust Fund for the North Greenwood
Community Redevelopment Area and pass Ordinance 9642-23 on first reading.
Florida law authorizes the use of tax increment financing districts and
Page 10
City of Clearwater
City Council Meeting Minutes January 12, 2023
redevelopment trust funds through the Community Redevelopment Act of 1969
(see Sec. 163.387). After the establishment of a "base year", tax increment
financing directs a percentage of future increases in City of Clearwater and
Pinellas County property tax revenues generated. This increased revenue,
known as the "increment", is then used to fund eligible redevelopment projects
that can be funded on a "pay-as-you-go-basis" or with bond financing.
City Council created a Community Redevelopment Agency during the process
of adopting the Redevelopment Plan for Downtown Clearwater in 1982.
Additionally, Ordinance No. 2779-82, created a Redevelopment Trust Fund to
finance or refinance community redevelopment projects by the City of
Clearwater Community Redevelopment Agency related to this plan.
In order for the city to establish the redevelopment trust fund for the North
Greenwood area, the Pinellas County Board of County Commissioners (BCC)
must approve the North Greenwood Community Redevelopment Area Plan
(CRA Plan) and delegate to City Council the authority to establish the trust
fund. City Council is scheduled to take action on Resolution 23-01, adopting
the CRA Plan, at their January 12, 2023, meeting. City Council will also
consider Ordinance 9642-23, which establishes the redevelopment trust fund
for the North Greenwood Community Redevelopment Area at their January 9,
2023, and February 2, 2023, meetings. After local adoption, the CRA Plan and
redevelopment trust fund will be transmitted to the BCC for their consideration,
which is expected to take place in April or May of 2023. It is anticipated
Pinellas County will commit 95% of its tax increment in the North Greenwood
CRA to the redevelopment trust fund through the 20-year planning period
ending in 2043.
Ordinance 9642-23 was presented and read by title only.
Councilmember Bunker moved to approve establishing a
Redevelopment Trust Fund for the North Greenwood Community
Redevelopment Area and pass Ordinance 9642-23 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
8.5 Continue to February 16, 2023: Approve amendments to the Clearwater
Comprehensive Plan to address the creation of a new Parks and Recreation impact
fee system and pass Ordinance 9638-23 on first reading. (CPA2022-10002)
AND
8.6 Continue to February 16, 2023: Approve amendments to the Clearwater Community
Development Code to replace Chapter 54 in its entirety with a revised Chapter 54,
creating a new Parks and Recreation impact fee system and pass Ordinance 9639-23
Page 11
City of Clearwater
City Council Meeting Minutes January 12, 2023
on first reading. (TA2022-10002)
Councilmember Teixeira moved to continue Items 8.5 and 8.6 to
February 16, 2023. The motion was duly seconded and carried
unanimously.
9. City Manager Reports
9.1 Approve amendments to the Clearwater Code of Ordinances clarifying and repealing
certain Business Tax Receipt Categories for seasonal sales and itinerant merchants
and vendors at shows or markets and pass Ordinance 9644-23 on first reading.
The Clearwater Code of Ordinances establishes business tax receipts (BTRs)
for a variety of uses. Ordinance 9644-23 proposes three amendments relating
to itinerant uses. One amendment clarifies that BTR subcategory number
070.070 includes all types of allowable seasonal sales. Over the years this
category has not captured fireworks sales, flowers for Mother's Day, etc. and
those uses have been charged to subcategory 070.080. The proposed
amendment will reduce confusion for staff regarding the appropriate category
and will ensure that all temporary seasonal sales are charged the same tax.
The other two amendments eliminate subcategory numbers 070.080 and
070.090 which are taxes for itinerant merchants and vendors at shows or
markets. The categories apply to activities that typically take place in the
Downtown Community Redevelopment Area (CRA) and soon-to-be North
Greenwood CRA such as the Clearwater Market Marie, the Shopping with a
Vibe market, the former Downtown Farmer's Market, etc. Elimination of these
BTR subcategories is intended to support individual entrepreneurs and small
businesses that participate in these types of shows/markets.
Based upon a review of revenues generated by these categories over the past
five years, the proposed amendments would likely result in a BTR revenue
reduction of approximately $1000 per year which is minimal compared to the
$2,000,000 collected annually.
Ordinance 9644-23 was presented and read by title only.
Councilmember Allbritton moved to approve amendments to the
Clearwater Code of Ordinances clarifying and repealing certain
Business Tax Receipt Categories for seasonal sales and itinerant
merchants and vendors at shows or markets and pass Ordinance
9644-23 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
Page 12
City of Clearwater
City Council Meeting Minutes January 12, 2023
The Council recessed from 7:31 p.m. to 7:42 p.m.
9.2 Approve an Airpark Lease and Property Operation Agreement between the City of
Clearwater (City or Lessor) and FIyUSA PV, LLC (Lessee), for an initial five-year term
through February 29, 2028, with one five-year unilateral renewal option, at the
discretion of FIyUSA PV, LLC, and four subsequent five-year renewal options subject
to mutual agreement of both parties; and authorize the appropriate officials to execute
same.
The Clearwater Airpark (Airpark) has been in operation since 1939. It is
currently leased to and operated by Clearwater Airpark, Inc. who has operated
the Airpark under the terms of their lease for twenty-two years. The lease's
renewal term was set to expire on November 30, 2022. However, on October
26, 2022, an extension was executed by the City of Clearwater and Clearwater
Airpark, Inc. to extend the lease for two months beginning on December 1,
2022, with two additional 1-month renewal options possible. Additionally, one
of the two 1-month renewal options was exercised, and the lease is now set to
expire on February 28, 2022.
On June 29, 2022, Request For Qualifications #38-22 (RFQ) was issued to
seek out a new operator for the Airpark. Four responses to the RFQ were
received and the RFQ closed on August 8, 2022. Of the four respondents, the
development partnership of FIyUSA, Inc. and Paradise Group Ventures, Inc.
was unanimously selected by the committee tasked with evaluating the four
proposals.
On September 15, 2022, City Council authorized City staff to enter into
negotiations with FIyUSA, Inc. and Paradise Group Ventures, Inc. through
Agenda Item #22-0940. The negotiations were to include financial obligations
and returns, operational considerations, and management terms for a new
lease and operation agreement (Agreement) with this development
partnership. The Agreement calls for the Lessee to manage the Airpark on
behalf of the City and make certain rental payments to the City in order to do
so. The Agreement further calls for the parties to collaborate on new
development projects at the Airpark including the development of a new
terminal building and additional corporate and T-hangars among other
improvements. Furthermore, the Agreement provides for the reduction of flight
school activity at the Airpark in order to alleviate noise concerns from nearby
neighborhoods and city residents.
It should be noted that FIyUSA, Inc. has created a new entity known as
"FIyUSA PV, LLC to operate and manage the Airpark. Barry Shevlin, CEO of
FIyUSA, Inc., is one of the two managers of this new company to ensure
FIyUSA, Inc.'s active involvement in the operation of the Airpark. City staff has
reached an agreement with FIyUSA, Inc. and Paradise Group Ventures, Inc.
and is requesting approval of the Agreement between the Lessee and the City
Page 13
City of Clearwater
City Council Meeting Minutes January 12, 2023
of Clearwater.
Three individuals spoke in opposition.
Two individuals spoke in support.
One individual submitted an eComment in supprt (see page 23).
In response to questions, Marine and Aviation Director Eric Gandy said
even though time restrictions will be placed on the flight school's use of
the runway, other users will be able to use the airpark during normal
business hours. The airpark is not staffed 24 hours and any concerns
would need to be provided during operational hours and that there is not
a flight log book, staff would easily be able to investigate flights that take
off or land on any given day. He said this airpark does not support
instrument approach landings, however, the lease does allow for the
potential to establish instrument approach landings.
Comment was made that the lease will allow the city to keep the airpark
and make it successful and that it is an amenity to many residents, it is
an element that creates a quality of life, similar to the libraries and
marinas.
Councilmember Bunker moved to approve an Airpark Lease and
Property Operation Agreement between the City of Clearwater (City
or Lessor) and FIyUSA PV, LLC (Lessee), for an initial five-year
term through February 29, 2028, with one five-year unilateral
renewal option, at the discretion of FIyUSA PV, LLC, and four
subsequent five-year renewal options subject to mutual agreement
of both parties; and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
9.3 Appoint an individual to the Airpark Advisory Board to fill the remainder of an
unexpired term through April 30, 2025.
BOARD: Airpark Advisory Board
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5 + 1 Ex Officio member
CHAIRPERSON: Kelli O'Donnell
Page 14
City of Clearwater
City Council Meeting Minutes January 12, 2023
MEETING DATES: Quarterly (1st Wed.) - Feb., May, Aug., Nov.
PLACE: Chambers - 3 p.m.
APPOINTMENTS NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND
NOW REQUIRES AN APPOINTMENT FOR AN UNEXPIRED TERM:
1. Ray McNeil - 1640 Greenlea Dr., 33755
Original Appointment: 5/6/21
(was serving 1 st term through 4/30/25)
Resignation Date: 8/3/22
THE NAMES BELOW IS BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Travis Norton - 310 Kerry Dr., 33765 - Community
Engagement/Advocacy Manager, Pinellas Realtor Organization
2. Dennis Roper -2745 Enterprise Rd. East, 33759 -Aircraft Inspector
3. Greg Art -2973 Hillcreek Circle South, 33759 - Retired Airline Pilot
Zip codes of current members on board:
1 at 33755
1 at 33761
1 at 33763
1 at 33764 (Ex-Officio)
1 at 33765
Vice Mayor Beckman moved to appoint Greg Art to the Airpark
Advisory Board to fill the remainder of an unexpired term through
April 30, 2025. The motion was duly seconded and carried
unanimously.
9.4 Appoint an individual to the Municipal Code Enforcement Board to fill a term through
January 12, 2026.
Board: Municipal Code Enforcement Board
Term: 3 years
Financial DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: Members must be registered voters. Members
shall be qualified and experienced in the fields of architecture, business,
engineering, construction, or real estate (when possible).
MEMBERS: 7
CHAIR: Nicole Bray
MEETING DATES: 4th Wednesday of each month at 1:30 p.m.
APPTS. NEEDED: 1
Page 15
City of Clearwater
City Council Meeting Minutes January 12, 2023
THE FOLLOWING ADVISORY BOARD MEMBER'S TERM HAS EXPIRED
AND NOW REQUIRES A NEW APPOINTEMENT:
1. Sarah Davis -1922 Atlantis Drive, Clearwater 33763 - Self
Employed/Signature Graphics and Printing LLC
Original Appointment: 10/7/21, appointed to fill an unexpired term through
10/31/22
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Sarah Davis -1922 Atlantis Drive, Clearwater 33763 - Self
Employed/Signature Graphics and Printing LLC
Original Appointment: 10/7/21, appointed to fill an unexpired term through
10/31/22
Absences: Dec 15, 2021; July 27, 2022; October 26, 2022
Interest in Reappointment: Yes
2. Robert Kenne - 1469 Jacaranda Circle South, Clearwater 33755 -
President/Owner of Bob Kenne Services, Inc.
3. Duane Schultz - Personal Information redacted per FS 119.071(4)(d) -
Retired Program Manager
Note - previously served on MCEB 11/4/2010 through 10/31/2016
Zip Codes of current members on board:
1 at 33755
1 at 33756
1 at 33761
1 at 33763
2 at 33767
City Clerk said, since the work session, Ms. Davis withdrew her application.
Councilmember Teixeira moved to appoint Duane Schultz to the
Municipal Code Enforcement Board to fill a term through January
12, 2026. The motion was duly seconded and carried unanimously.
9.5 Delegate the powers to negotiate municipal code enforcement liens to the Municipal
Code Enforcement Board and adopt Resolution 23-03.
The City of Clearwater has established the code enforcement board, which
possesses the authority to impose administrative fines and other noncriminal
penalties for civil code infractions, in compliance with statute 162.09. This
resolution allows any lien filed as a result of fines and fees imposed by the
Page 16
City of Clearwater
City Council Meeting Minutes January 12, 2023
Municipal Code Enforcement Board to be reduced or released at the discretion
of the Municipal Code Enforcement Board.
Currently, any lien reduction or forgiveness must be approved by the City
Council. This resolution will allow the property owner to make a request of the
Board at a public hearing and the Board will hold a vote regarding the lien
reduction, with a simple majority required to either approve or deny the
request. Florida Statute 166.041 allows municipalities to pass resolutions as
expressions of administration.
Staff recommends adoption of this resolution to establish a procedure for
property owners to request a reduction or forgiveness of liens from the same
Board that imposed them.
This resolution shall not affect or limit the power of the City Council to file or
direct the City Attorney's Office to file a formal lien foreclosure lawsuit, nor will
it affect or limit the power of the City Council to settle or compromise such a
lawsuit after the City files suit.
Resolution 23-03 was presented and read by title only.
Councilmember Allbritton moved to delegate the powers to
negotiate municipal code enforcement liens to the Municipal Code
Enforcement Board and adopt Resolution 23-03. 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
The Council recessed from 8:37 p.m. to 8:47 p.m.
10. City Attorney Reports
10.1 Discuss plat and subdivision relating to school construction at 2465 Nursery Road.
The City Attorney said the Discovery Academy project, a charter school
being constructed at 2465 Nursery Road, has received a lot of attention.
Many individuals supporting or opposing the project have contacted
Council. He said an enormous amount of staff time has been devoted to
responding to and answering the concerns and questions raised by the
community. He said he recognizes that Messrs. Birenbaum and Dalton
do not agree with the conclusions reached by staff but staff continues to
respond to their questions.
Page 17
City of Clearwater
City Council Meeting Minutes January 12, 2023
1 - The plat and the right to be heard before Council.
The City Attorney said the plat was heard by the City Council in the
Sunshine on January 20, 2022, as documented by the meeting video.
The meeting agenda was published well in advance, anyone who
wanted to attend the meeting was welcomed to attend the meeting.
Many citizens attended the January 20, 2022 meeting and several
citizens spoke to this item. He said Mr. Dalton has argued that the
January 20 plat hearing was insufficient or incomplete when the matter did
not come back to Council for a second plat hearing after the Development
Review Committee reconvened in this matter on April 1, 2022 to redo
the plat. The City Attorney said Florida law empowers property owners to
decide how, when, and if they want to replat or continue a plat process.
The decision to replat or come back to council a second time is a
decision that rests with the property owners, in this case the Unity
Church and Discovery Academy. Staff does not have a method of
forcing a property holder to come to council if the property owners are
satisfied with the plat and was recorded. He said just because a
property owner submitted a plat application, it does not mean the
property owner must complete the process. In this instance, Discovery
Academy and Unity Church mutually decided that they were comfortable
with a plat that was already recorded. He said the school's attorney
mentioned that they were not interested in coming back to the council a
second time because it would cause problems with the title commitment,
cause complications with their tax-exempt bonds, and additional legal
fees. In the event the plat came back to council a second time, Council's
role is purely ministerial, there are very few circumstances in which
Council could say no. He said getting a plat is more or less a matter of
entitlement and right for property owners. Per city code, a plat is
automatically placed on the Consent Agenda and requires a
supermajority vote of council to remove the item from the Consent
Agenda. The plat is a map of invisible legal boundaries. The City
Attorney said the plat was recorded in the official records of Pinellas
County after the January 20 meeting and the property owners were
comfortable with the plat. He said the development approval, which was
granted by the Development Review Committee, is the document that
provides a basis for an appeal. Once a development approval is granted
or denied, it is considered a final rule of the City and can be appealed. As
written, city code provides anyone within 200 feet of the outer perimeter
of the property standing to appeal the Community Development Board
(CDB). The CDB, a quasi-judicial board, is comprised of citizens and
represented by independent legal counsel. He said the CDB would have
been the appropriate body to hear of Messrs. Birenbaum and Dalton's
concerns regarding traffic, pedestrian safety, lighting, proposed usage,
and parking. Unfortunately, the time to file an appeal has expired, code
requires an appeal to be filed within two weeks. He said Mr. Dalton was
advised of the appeal timeframe back in July. Moving forward, residents
Page 18
City of Clearwater
City Council Meeting Minutes January 12, 2023
need to be aware of the DRC process and their appellant rights. He
said the City should consider facilitating community awareness and
outreach by improving the website and coordinating with the Clearwater
Neighborhoods Coalition. Another option to consider is repealing the fee
to file appeal, as $250 is onerous for a resident. The City Attorney said
staff should take a leadership role with Pinellas County when trying to
address matters involving county infrastructure, as in the case with the
Discovery Academy project, to address concerns raised by residents.
2 - The Community Development Code (arguments related to allowed
use, shared parking, design of school)
Planning and Development Director Gina Clayton provided a
PowerPoint presentation addressing the objections raised about the site
plan and update on the status of the permits. She said staff understands
that the proposed project will be difficult for the community as it will bring
significant change. The site has been primarily occupied by a church for
many years and does not generate a lot of activity or traffic. Per the
Clearwater Community Development Code, the Institutional District
allows schools and places of worship as of right. Ms. Clayton said the
preliminary plat applications are to be approved when a building
permit application is submitted. Staff included the proposed use
associated with the plat in the plat notice. She said no new streets were
created in this plat and the City's Comprehensive Plan identifies Nursery
Road as a collector. The sharing of parking and curb cuts are a best
practice of planning and site design and **included in city code**. Ms.
Clayton said three permits have been issued for the project: 2433
Nursery Road (site work, renovation of existing building, and new school
building). She the application for 2419 Nursery Road (the church) was
incomplete, a stop work order was issued for the fence, which will be
closed out as soon as the temporary fence permit is picked up.
3 - Traffic studies.
City Engineer Tara Kivett said the Traffic Engineer met with the developer's
team in late 2021 to go over the traffic impact study requirements. The
City received the traffic impact study from the project's professional
engineer in June 2022. She said the traffic impact study was approved
in October after a thorough review and extensive coordination with
Pinellas County and FDOT. She said the City hired Mead & Hunt
Engineering to complete an independent traffic impact study. The
developer is required to construct traffic mitigation measures as
identified in the traffic impact studies. She said since Nursery Road is a
county road, the developer is responsible to meet county right-of-way
permits, as well as any city or agency requirements. Mead & Hunt
consultant Chuck Huffine reviewed his credentials and provided a
Page 19
City of Clearwater
City Council Meeting Minutes January 12, 2023
PowerPoint presentation regarding industry and local standards for
traffic impact analysis, the study results, and required improvements. He
said Mead & Hunt concluded that the school would not have a
significant impact on the area road if the recommended improvements
were implemented.
Three individuals spoke in support.
Four individuals spoke in opposition.
One individual expressed concerns with the increased vehicular traffic.
Four individuals submitted eComments in support (see pages 24 and 25).
One individual submitted an eComment in opposition (see page 25).
In response to questions, Ms. Kivett said that the contractor is aware of
the safety upgrades, a Certificate of Occupancy will not be issued until the
safety upgrades are completed. Staff will discuss the installation of curbs
with Pinellas County.
It was stated that the City should be more assertive with the County as it
relates to seeking funds to improve road and pedestrian safety.
Interim City Manager Jennifer Poirrier said the City needs to appoint a
new member to the Technical Review Committee. The former Solid
Waste Director was assigned to represent the city on the county board.
Staff is recommending to appoint Micah Maxwell.
Councilmember Allbritton moved to appoint Micah Maxwell to the
Technical Review Committee. The motion was duly seconded and
carried unanimously.
Ms. Poirier said staff has recently discovered that the City stopped taking
recyclables to Waste Management and have issued a press release
explaining the situation. She said staffing shortages and equipment failures
were not communicated to administration, council or residents. Staff has
implemented a short-term solution, taking the recyclables back to Waste
Management. She said staff will come back to Council with
recommendations on moving forward with a long-term solution.
Page 20
City of Clearwater
City Council
Meeting Minutes January 12, 2023
11. Closing comments by Councilmembers (limited to 3 minutes)
Vice Mayor Beckman thanked all who came to the meeting to speak; it is
how democracy works. She invited all to attend the Dr. Martin Luther
King, Jr. celebration at the North Greenwood Recreation Center on
Monday, January 16, 2023. She said the county is planning for cold
night shelters and they need community help. The homeless point in
time count will take place on January 26, 2023.
12. Closing Comments by Mayor
13. Adiourn
The Mayor said former Engineering Director Mike Quillen passed away.
He visited the United States Coast Guard display at the historical society
and encourage all to see it. He said he helped celebrate William "Billy"
Monofort's 106th birthday in December and said his secret to life is to
keep breathing.
The meeting adjourned at 10:37 p.m.
ayor
Attest City of Clearwater
City of Clearwater
Page 21