04/04/2023 City Council Meeting Minutes April 4, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Tuesday, April 4, 2023
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes April 4, 2023
Roll Call
Present: 4 - 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— Vice Mayor Beckman
The meeting was called to order at 6:00 p.m.
2. Invocation — Pastor Bob Brubaker from Christ Community Presbyterian Church
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.) — Given.
4.1 Mayor's Challenge Presentation - Dunedin Mayor Julie Ward Bujalski and Vince Gizzi
Director of Parks & Recreation
4.2 Fair Housing Month Proclamation - April 2023
4.3 Drew Street Update and Requested Letter of Support - Kevin Lee and Brian Shoyer,
FDOT
In 2016, residents living on or near Drew Street petitioned the City to pursue a
complete streets grant study for the Drew Street Corridor. Upon successful
completion of that initial study, subsequent additionally detailed analysis was
performed. The ultimate result was a completed Florida Department of
Transportation (FDOT), District Seven, Drew Street Complete Street Corridor
Study. This study reviewed the technical feasibility of providing complete street
treatments on Drew Street (State Road 590) from N. Osceola Avenue to N.
Keene Road. The result of this work calls for repurposing two of the four
existing travel lanes, improve safety for all users, and provide multimodal
options.
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City Council Meeting Minutes April 4, 2023
FDOT District 7 is now in the process of preparing a Lane Repurposing Report
for the complete street improvements. This report will be submitted to FDOT
headquarters in Tallahassee for their review and potential approval. For that
purpose, FDOT District 7 is requesting letters of support for the project from the
City of Clearwater, Forward Pinellas, and Pinellas County to include in the
application. The purpose of this item is to request City Council approval of a
letter supporting the lane reduction application.
City Engineer Tara Kivett said in February 2022 Council adopted a
resolution requesting FDOT to improve safety in the corridor and lower
the speed limits from Saturn Avenue to Myrtle Avenue. FDOT lowered the
speed limit from Betty Lane to Myrtle Avenue. In February 2022, FDOT
completed the intersection control evaluation study, which evaluated
intersections and the need for signals. She said the study recommends
new signals at Hillcrest Avenue and North Lake Drive. In Fall 2022, FDOT
procured the design team (Cardo, now Stantec) to move forward with
design plans. She said staff met with FDOT in late March to review the
15% concept plans. Pinellas County met with FDOT separately and have
not yet submitted any comments regarding the plans.
Thirteen individuals spoke in support.
One individual submitted an email in support (see page 25).
Seven individuals spoke in opposition.
In response to questions, Ms. Kivett said Segment Two will have one lane
in each direction, with a 15-foot wide center turn lane meant for left turns,
from Myrtle Avenue to Keene Road. FDOT Project Manager Brian Shroyer
said he conducted the traffic study for Drew Street during COVID. The traffic
counts were taken at different times of the day. He said past models and
historical information was used to augment the traffic counts in order to
forecast future activity. One of the models used includes data related to
land use changes, employment, residential, and seasonal factors.
Mr. Shroyer said the modeling included different scenarios to
determine impact on study (i.e., leave road as is, lane conversions, etc.).
According the analysis, the traffic will spread out from Drew Street to other
roads. He said the traffic disbursement will add to Gulf to Bay Boulevard
traffic, but not make it worse. The overall time to travel the Drew Street
corridor will be approximately 3 minutes, with the lane conversions. He
said the corridor averages 170 crashes annually. Forward Pinellas
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Executive Director Whit Blanton said the modeling is based on a validated
model that is accurate. Forward Pinellas staff works closely with municipal
staff to ensure the employment and population estimates are reasonably
accurate. He said the modeling showed that traffic would decline with the
lane conversion. The College Park neighborhood in Orlando is similar
to Drew Street, is not the main the road but feeds into downtown. In 2004,
the City of Orlando converted the 4-lane road to 2-lane divided road with
a center turn lane. He said the change has generated millions of dollars
in investment in the Edgewater Drive corridor. The city conducted a study
after the change that showed safety improved and pedestrian and bicycle
activity increased, while traffic volumes remained the same. Mr. Blanton
said the bike lanes will be from Myrtle Avenue to the west, where the
Pinellas Trail loops into Clearwater. East of Myrtle Avenue, large sidewalks
will be installed. If the City does not use the federal funds for the project, the
funds will be directed to another city. Mr. Blanton said a submitted letter
of support does not commit the City to every aspect of the design. The
Interim City Manager said the incoming mayor has recommended
Council consider a pilot program, as identified in the 2018 Drew Street
Concept Plan.
Discussion ensued with comments made that it is has taken a long time
to get to this point, that federal funding for the project is finally available.
LT made a motion to follow the recommendations of the 2018 Drew
Street Concept Plan to implement a pilot program.
In response to questions, Mr. Blanton said The City of Gainesville
conducted a 30-day pilot program that consisted of striping and cones.
The project was implemented nine years after the pilot program because the
funds were not available. He expressed a concern that if the
City chose to implement a pilot study at this stage, the City may be at risk
of losing the funding that is currently available. Mr. Shroyer said if the
pilot study is conducted during June, the information collected will not be
accurate as school is out.
Motion failed for lack of a second.
Councilmember Allbritton moved to submit a letter of support.
The was duly seconded and carried with the following vote:
Ayes: 3 - Vice Mayor Beckman, Councilmember Allbritton and Councilmember
Bunker
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City Council Meeting Minutes April 4, 2023
Nays: 1 - Councilmember Teixeira
The Council recessed from 7:54 pm. to 8:00 p.m.
5. Approval of Minutes
5.1 Approve the minutes of the March 16, 2023 city council meeting as submitted in written
summation by the City Clerk.
Councilmember Bunker moved to approve the minutes of the
March 16, 2023 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
Angelica Lonesome said she conducted a feasibility study for installing
new playground equipment in southeast Clearwater for her Capstone
project. She said based on the need, demographics and cost, she
recommended installing the playground.
Kathy Flaherty provided a slide presentation regarding the trash at Glenn
Oaks Park and its impact to Stevenson Creek.
Rudy Michalek said Mike Nelson had to leave the meeting but he lives in
the Admiral House and is upset with noise originating from the different
hotels in the area.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Continue to April 20, 2023: Approve a Zoning Atlas Amendment from the Low Medium
Density Residential (LMDR) District to the Commercial (C) District for a portion of property
located at 1849 Gulf to Bay Boulevard and pass Ordinance 9662-23 on first reading.
(REZ2022-11007).
This Zoning Atlas Amendment involves a 0.125-acre portion of a 1.135-acre
property located on the south side of Gulf to Bay Boulevard approximately 540
feet east of Keene Road. The amendment area is the southern 35 feet,
more-or-less, of the subject property. The applicant, Jasmine Naik
Development, LLC, is requesting to rezone the amendment area from the Low
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Medium Density Residential (LMDR) District to the Commercial (C) District.
The applicant has submitted a Future Land Use Map Amendment, which is
being processed concurrently with this case (LUP2023-01001).
The property has been vacant since 2007, and historically the property was
developed with a restaurant use. The proposed Commercial (C) District is
compatible with the surrounding zoning districts of Commercial (C), Low
Medium Density Residential (LMDR), and Medium Density Residential (MDR),
and uses which consist of retail and sales, restaurants, and detached
dwellings. The proposed Commercial (C) District would also allow the property
to have one consistent zoning district across the entire property. The applicant
currently has a building permit in review for a restaurant use.
The Planning and Development Department has determined that the proposed
Zoning Atlas Amendment is consistent with the provisions of the Community
Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
• The proposed amendment is compatible with the surrounding properties
and character of the neighborhood.
• The available uses in the Commercial (C) District are compatible with
the surrounding area.
• The proposed amendment will not adversely impact or unreasonably
affect the use of other property in the area.
• The proposed amendment will not adversely burden public facilities,
including traffic carrying capabilities of streets in an unreasonably or
disproportionate manner, and
• The proposed Commercial (C) District boundaries are appropriately
drawn in regard to location and classification of street, ownership lines,
existing improvements and the natural environment.
The Community Development Board reviewed this application at its February
21, 2023 public hearing and made a unanimous recommendation of approval to
City Council. However, due to an error with the public notice for the companion
Future Land Use Map Amendment (LUP2023-01001), that item must be
re-noticed and presented to the Community Development Board at its March
21, 2023 meeting. This item is being continued and will be presented to City
Council at its April meetings.
No Action.
7.2 Continue to April 20, 2023: Approve a Future Land Use Map Amendment from the
Residential Urban (RU) category to the Commercial General (CG) category for a portion of
property located at 1849 Gulf to Bay Boulevard and pass Ordinance 9666-23 on first
reading. (LUP2023-01001)
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This Future Land Use Map Amendment involves a 0.125-acre portion of a
1.135-acre property located on the south side of Gulf to Bay Boulevard
approximately 540 feet east of Keene Road. The amendment area is the
southern 35 feet, more-or-less, of the subject property. The applicant, Jasmine
Naik Development, LLC, is requesting to amend the future land use category of
the amendment area from Residential Urban (RU) to Commercial General
(CG). The applicant has submitted a Zoning Atlas Amendment which is being
processed concurrently with this case (REZ2022-11007).
The property has been vacant since 2007, and historically the property was
developed with a restaurant use. The proposed Commercial General (CG)
category has a maximum density of 24 dwelling units per acre and a maximum
floor area ratio (FAR) of 0.55. The proposed Commercial General (CG)
category is compatible with the surrounding land use categories of Commercial
General (CG) and Residential Urban (RU), and uses, which consists of retail
and sales, restaurants, and detached dwellings. The proposed amendment
would allow the property to have one consistent future land use category of
Commercial General (CG). The applicant currently has a building permit in
review for a restaurant use.
The Planning and Development Department has determined that the proposed
future land use amendment is consistent with the provisions of the Clearwater
Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
• The proposed amendment is compatible with the surrounding properties
and character of the neighborhood.
• Sufficient public facilities are available to serve the property.
• The proposed amendment will not have an adverse impact on the
natural environment.
• The proposed amendment will not have an adverse impact on the use of
property in the immediate area.
The proposed City of Clearwater future land use category of Commercial
General (CG) is consistent with the Countywide Plan Map Retail & Services
(R&S) category; therefore, an amendment of the Countywide Plan Map is not
needed. In accordance with the Countywide Plan Rules, the land use plan
amendment will be accepted by Forward Pinellas, in its role as the Pinellas
Planning Council, and the Board of County Commissioners acting as the
Countywide Planning Authority, as an administrative item. The application is a
small-scale amendment so review and approval by the Florida Department of
Economic Opportunity is not required.
The Community Development Board reviewed this application at its February
21, 2023 public hearing and made a unanimous recommendation of approval to
City Council. However, due to an error with the public notice, the item will be
re-noticed and presented to the Community Development Board at its March
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21, 2023 meeting, and will be presented to City Council at its April meetings.
No Action.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9643-23 on second reading, making amendments to the Community
Development Code Article 2, Article 3, Article 4, Article 8 and Appendix C.
One individual spoke in support.
Ordinance 9643-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9643-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker, and Couniclmember Teixeira
8.2 Adopt Ordinance 9649-23 on second reading, conditionally vacating a portion of a
70-foot-wide right-of-way lying west of Lots 72-76, Lloyd-White-Skinner Subdivision as
recorded in Plat Book 13, Pages 12-13 of the Public Records of Pinellas County, Florida,
subject to certain conditions.
One email opposing Item 8.2 was received (see page 26).
Ordinance 9649-23 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9649-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.3 Adopt Ordinance 9653-23 on second reading, annexing certain real property whose post
office address is 1754 West Manor Avenue, Clearwater, Florida 33765 into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9653-23 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9653-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
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Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.4 Adopt Ordinance 9654-23 on second reading, amending the future land use element of
the Comprehensive Plan to designate the land use for certain real property whose post
office address is 1754 West Manor Avenue, Clearwater, Florida 33765, upon annexation
into the City of Clearwater, as Residential Low (RL).
Ordinance 9654-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9654-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.5 Adopt Ordinance 9655-23 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1754 West Manor Avenue,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9655-23 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9655-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.6 Adopt Ordinance 9656-23 on second reading, annexing certain real property whose post
office address is 1719 Owen Drive, Clearwater, Florida 33759 into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 9656-23 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9656-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.7 Adopt Ordinance 9657-23 on second reading, amending the future land use element of
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the Comprehensive Plan to designate the land use for certain real property whose post
office address is 1719 Owen Drive, Clearwater, Florida 33759, upon annexation into the
City of Clearwater, as Residential Low (RL) and Water/Drainage Feature Overlay.
Ordinance 9657-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9657-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.8 Adopt Ordinance 9658-23 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1719 Owen Drive, Clearwater,
Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density
Residential (LMDR).
Ordinance 9658-23 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9658-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.9 Adopt Ordinance 9667-23 on second reading, vacating a portion of a platted drainage
and utility easement located on Lot 1, Block F, Northwood Estates - Tract F, according to
the map or plat thereof as recorded in Plat Book 77, Pages 46-47 of the public records of
Pinellas County, Florida.
Ordinance 9667-23 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9667-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.10Adopt Ordinance 9671-23 on second reading, amending the Operating Budget for the
fiscal year ending September 30, 2023 to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Development Fund, Special Program
Fund, Solid Waste & Recycling Fund, and Parking Fund.
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One individual questioned the budget amendment process.
Finance Director Jay Ravins said quarterly budget amendments are a
normal function of Florida governments. The process provides the
opportunity to address issues that have arisen since the budget was
adopted. Often, these are items that have been brought forward to
Council for approval and were not included in the original budget. At third
quarter, budgets are trued-up with actual results. He said during first
quarter, staff presents adjustment that were approved by council.
Ordinance 9671-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9671-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.11Adopt Ordinance 9672-23 on second reading, amending the Capital Improvement
Budget for the fiscal year ending September 30, 2023 to reflect an increase of
$3,674,281.
One individual questioned the budget amendment process.
Finance Director Jay Ravins said governments must legally adopt
budgets and cannot exceed them. He said private businesses use
budgets as a management tool.
Ordinance 9672-23 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9672-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
8.12Continue to April 20, 2023: Adopt Ordinance 9637-23 on second reading, amending the
Comprehensive Plan by modifying the Utilities Element, updating provisions related to
potable water and natural ground water aquifer recharge needs.
8.13Continue to May 4, 2023: Adopt Ordinance 9662-23 on second reading, amending the
Zoning Atlas of the city by rezoning a portion of certain real property whose post office
address is 1849 Gulf to Bay Boulevard, Clearwater, Florida 33765, from Low Medium
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Density Residential (LMDR) to Commercial (C).
8.14Continue to May 4, 2023: Adopt Ordinance 9666-23 on second reading, amending the
future land use element of the Comprehensive Plan to change the land use designation
for a portion of certain real property whose post office address is 1849 Gulf to Bay
Boulevard, Clearwater, Florida 33765, from Residential Urban (RU) to Commercial
General (CG).
9. City Manager Reports
9.1 Approve purchase contract between the City of Clearwater and Habitat for Humanity of
Pinellas County, Inc./Clearwater Neighborhood Housing Services, Inc. for real property
located at 1454 South Martin Luther King Jr. Avenue and authorize appropriate officials
to execute same.
The City of Clearwater posted RFP/Q #43-22 as an opportunity for a developer
to acquire and develop city-owned property located at 1454 South Martin Luther
King Jr. Avenue for use as affordable and workforce housing (Pinellas County
Property I.D. #22-29-15-00000-320-1300). On December 1, 2022, Council
authorized staff to negotiate a contract for the sale of real property to Habitat for
Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing
Services, Inc., together, as the selected Developer of the real property located
at 1454 South Martin Luther King Jr. Avenue.
Per the contract, the development shall be consistent with Buyer's response to
City of Clearwater RFP/Q 43-22. The Buyer shall construct 24 units of
mixed-income, owner-occupied townhomes with 50% of the units reserved for
households with total household income up to 80% of the Area Median Income
(AMI) as determined by the United States Department of Housing and Urban
Development, and the remaining 50% will be reserved for household with total
household income up to 120% of AMI. If the Buyer determines that there are site
challenges that restrict the number of units to under 24, the city may approve
the reduction in units if the city determines that a reduction in the number of
units is a reasonable request. Otherwise, the City may terminate contract.
The Buyers response to RFP 43-22 identified a $1,240,170 cash gap in addition
to the requested donation of the property, therefore Exhibit B of the contract
specifies the City agrees to commit to the donation of the parcel, valued at
$525,000 and a contribution of an additional $357,585 for a total direct subsidy
of$882,585 (half of the total direct subsidy identified as required in the
response). The Buyer will seek funding from Pinellas County for the remaining
gap (presumably $882,585). The City will provide an additional subsidy of
approximately $432,000 (approximately $18,000 per unit) for Solar Panels to be
included for each unit. Subject to the availability of funds, the City also agrees to
provide down payment assistance loans to purchasers with household incomes
under 120% AMI and above 80% AMI for 12 units in accordance with the city's
Down Payment Assistance Program. The Buyer agrees to provide 0%
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mortgages for the households that qualify for the units reserved for 80% AMI
and under.
Additional requirements provided by Exhibit B established terms and conditions
that Buyer must meet prior to and after closing. Per the exhibit, all
pre-development activities must be completed prior to closing including, but not
limited to, funding commitments, site approval and building permits. The Buyer
has agreed to construct each unit with electric vehicle charging capabilities and
the aforementioned rooftop solar panels.
To ensure the long term success of the project, the Buyer has agreed to have
one member from either of the organizations serve on the Homeowners
Association (HOA) managing board for the term of the required affordability
period, to contract with a third-party HOA management company to manage
HOA operations and financials, to contribute $1,000 per unit to the HOA reserve
account, and to coordinate with Lender(s) to require HOA fees be included in
the monthly mortgage escrow payment.
APPROPRIATION CODE AND AMOUNT:
Funding is to be provided by State Housing Initiatives Partnership (SHIP)
Program and/or General Fund revenues allocated to affordable housing (special
program G2212, ARPA Affordable Housing) made possible due to ARPA
revenue recovery used partially to fund Police salaries and wages in fiscal 2022.
No additional General Fund revenues will be appropriated.
Economic Development and Housing Director Denise Sanderson said
the item is being continued because of concerns related to grant funding
of solar installations. Staff anticipates bringing back the item at the April
20 council meeting. In terms of financial consideration and feasibility of
solar, there are several factors to consider for low to moderate income
households: 1) should be installed in conjunction with a new roof(to not void
a roof warranty), 2) homeowner education components, to include
maintenance and potential premium increase for homeowners insurance,
3) the investment in solar panels does not yield in the appraisal, and 4)
per HUD rules, income qualification standards, lenders may not use the
reduction of electricity cost as a decrease in the debt income or
back end ratios. Ms. Sanderson said investing in solar panels provides
no opportunity in the front end for the underwriting and affordability of
the home. For income constrained households, these are significant
barriers that require mitigation. Greenprint 2.0 has an established goal of
rooftop solar to be installed on homes of 1,000 of low and moderate
income residents by 2030 (540 homes). She said grant funding for
rooftop solar installation can be considered for all new construction, so
long as the household directly benefits from the electricity savings or as
part of a rehab loan if a new roof is required.
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In response to questions, Ms. Sanderson said an inspection is required
to extend a insurance policy on a 15-year old roof. There are two new
single-family home construction projects that would be appropriate for solar
panels.
Discussion ensued with support expressed to use ARPA funds for the
installation of solar panels for affordable housing.
The City Attorney said Council has previously approved in concept the
idea that a portion of the $3.3 million from the affordable housing ARPA
bucket be used for this purpose.
There was consensus for staff to move forward as planned.
9.2 Approve Supplemental Work Order 2 to Terracon Consultants, Inc of Olathe, KS to
provide Brownfield Assessment Grant Services in an amount not to exceed $220,000.00,
pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing
Services (EOR), and authorize the appropriate officials to execute same.
In 2021, the City of Clearwater (City) was awarded a United States (US)
Environmental Protection Agency (EPA) Brownfields Community-wide
Assessment grant to support revitalization efforts of properties that may be
complicated by the presence, or potential presence, of hazardous substances,
pollution, or contamination. This assessment grant will provide funding for
Brownfield inventories, planning, environmental assessments, and community
outreach. In support of this grant, Terracon will provide Brownfield Assessment
Grant Services to the City. These services may include community education
and outreach, development of a brownfield site inventory, providing general
programmatic support to include quarterly and annual reporting, ACRES data
management, Phase I and Phase II Environmental Site Assessments, asbestos
surveys, remediation and reuse planning, and other tasks as required. These
services will be performed in accordance with tasks outlined in the current EPA
grant award documents. The work order term expires 9/30/2024.
The previous expenditures to Terracon for this project total $78,885.78 and are
summarized below:
o Purchase Order#22000222, issued 11/01/21, to provide
Brownfields Programmatic Support in the amount of$36,000.00
o Purchase Order#23000506, issued 3/08/23, to complete the
Belcher Road Modwash Site Assessment in the amount of
$42,885.78
This approval will allow the department to create a not to exceed contract that
will draw on the Brownfield funds as needed. Funds are not encumbered or
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committed to Terracon. Other firms may be used to provide similar services as
the need arises.
APPROPRIATION CODE AND AMOUNT:
1817554-530100-G2207 $220,000
Budget is available in Special Program Project G2207, Brownfield MAC Grant,
to fund this contract.
Councilmember Teixeira moved to approve Supplemental Work
Order 2 to Terracon Consultants, Inc of Olathe, KS to provide
Brownfield Assessment Grant Services in an amount not to
exceed $220,000.00, pursuant to Request for Qualifications (RFQ)
26-19, Engineer of Record Continuing Services (EOR), and
authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
9.3 Continue to April 20, 2023: Approve the Federally-Funded Subaward and Grant
Agreement for public assistance support for Hurricane Ian expenditures and grant
authority to the City Manager or designee to enter into, approve, and execute same and
future modifications for Hurricane Ian expenditures. (consent)
Federal Emergency Management Agency's (FEMA) Public Assistance program
is a Federal grant to aid State and Local governments in returning a disaster
area to pre-disaster conditions. A Request for Public Assistance (RPA) was
submitted, approved, and awarded September 30, 2022.
FEMA and the State share the responsibility for making public assistance funds
available to the Subgrantee/Subrecipient. It is now necessary for the City of
Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement with
the Florida Division of Emergency Management (the Grantee/Recipient).
Under the Hurricane Ian funding process, recipients may receive modifications
awarding additional funding as approved by the State of Florida, Division of
Emergency Management. It will be beneficial for the City to allow the City
Manager, or designee, to execute any future modifications in order to provide for
efficient and timely processing of the modifications and acquire judicious
funding.
Staff continued item to April 20, 2023.
In response to a question, the City Clerk said the item is being continued
Page 15
City of Clearwater
City Council Meeting Minutes April 4, 2023
because Fire Division Chief Jevon Graham was not able to attend the
meeting.
9.4 Authorize a purchase order to Hewlett-Packard Enterprise, of Spring, TX, for the
equipment lease of desktops, laptops, and tablet computers in an amount not-to-exceed
$700,000.00 for the term of March 1, 2023 through July 31, 2023, pursuant to Clearwater
Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate
officials to execute same.
Due to delays in the State's bidding and contracting cycles caused by the
pandemic, this Contract is a short-term extension, expiring on July 31, 2023,
until the Department of Management Services can complete its normal
contracting process. The Information Technology Department will bring back
the State's new or extended contract prior to that date for council approval.
The City has leased computers for over 15 years. The benefits of leasing
include operational savings for asset acquisition, maintenance, improved
efficiency in user support and asset management, improved security for city
systems and network, and improved performance for system users.
There are approximately 1,200 desktops and 700 laptop/tablet computers within
the City. The City's computers are upgraded on a three-year cycle, changing
out approximately one-third of the equipment annually. Each lease agreement
is for a three-year term and covers one-third of all equipment.
All lease terms and conditions are established in the State of Florida Contract
No. 43211500-WSCA-15-ACS. The Contract is available to piggyback in
accordance with Clearwater Code of Ordinances Section 2.563(1)(c),
Piggyback. Shipping costs are included in the contract as well as end-of-life
disposition of the equipment.
The State Contract includes a value-added enhancement - the Self-Maintainer
Program -which enables City staff to be trained at no additional costs. Trained
staff functions as Hewlett-Packard certified technicians to expedite diagnostic
and resolution actions. Hewlett- Packard tracks and reimburses for these
services for every 15 minutes of work performed.
APPROPRIATION CODE AND AMOUNT:
Quarterly payments are budgeted in the Information Technology annual
operating budget. Costs are prorated to all departments based upon their
respective computer counts through the Administrative Services fund
chargeback for Information Technology services.
Funds are available in cost code 5559862-544500, Computer Equipment
Rental, to fund this contract.
One individual questioned the contract period but said staff answered
Page 16
City of Clearwater
City Council Meeting Minutes April 4, 2023
questioned during the presentation.
Councilmember Allbritton moved to authorize a purchase order
to Hewlett-Packard Enterprise, of Spring, TX, for the equipment
lease of desktops, laptops, and tablet computers in an amount
not-to-exceed $700,000.00 for the term of March 1, 2023 through
July 31, 2023, pursuant to Clearwater Code of Ordinances
Section 2.563 (1)(c), Piggyback, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
9.5 Approve a 3-year maintenance schedule and contract to Tyler Technologies, Inc. of
Yarmouth, ME in a not to exceed amount of$1,564,250.00 for maintenance and support
fees for Munis Financials, Human Capital Management software and Tyler Systems
Management pursuant to Clearwater Code of Ordinances Section 2.563(1)(d),
Non-competitive purchases (Impractical) and authorize the appropriate officials to
execute same.
In May 2017, the City partnered with Tyler Technologies for provision of Tyler's
Munis Financials software to replace our previous financial system. In January
2019, the City Council approved an addendum to this agreement for licensing
and professional services related to the purchase and implementation of the
Munis Human Capital Management (HCM) software.
Tyler-Munis is the City's enterprise system standard for financial management
(general ledger, accounts payable, accounts receivable, asset tracking, and
purchasing) and payroll management and human resource/benefits
management for all City departments and operations. The time and expense
related to replacing these functions would take several years (2-3 years), while
costs ($3-$4 million) and disruptions to operations would be significant.
Because of these factors, this procurement is impractical and Tyler-Munis is a
standardized product.
The requested not-to-exceed amount includes maintenance and support costs
for all modules listed above (Munis Financials and HCM) for fiscal years 2023
through 2025.
The total amount also includes a one-time charge of$25,643.00 for professional
services in support of migration to Tyler's software as a service (SaaS) model.
Annual charges for SaaS maintenance of Munis's Financials and Human
Capital Management (i.e. payroll and HR) are $512,869.00. As a point of
reference, in 2019 the City self-hosted Munis Financials and PeopleSoft HRMS
at an annual cost of approximately $470,000.
Page 17
City of Clearwater
City Council Meeting Minutes April 4, 2023
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in the Finance CIP project cost codes
3557355-530100-94828 (professional services) for planned upgrades.
Maintenance and hardware expenses in out years will be budgeted in the IT
Admin Services budget.
Councilmember Bunker moved to approve a 3-year maintenance
schedule and contract to Tyler Technologies, Inc. of Yarmouth,
ME in a not to exceed amount of$1,564,250.00 for maintenance
and support fees for Munis Financials, Human Capital
Management software and Tyler Systems Management pursuant
to Clearwater Code of Ordinances Section 2.563(1)(d),
Non-competitive purchases (Impractical) and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
9.6 Appoint an individual to the Brownfields Advisory Board with a term to expire April 4,
2027.
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: Not Required
SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents
who live within or adjacent to the Brownfields area. Three members shall be
owners or representatives of a business operating in the Brownfields area.
Three members shall be representatives of federal/state agency/local
government involved with Brownfields remediation process within Pinellas
County.
MEMBERS: 9
CHAIR: Mark Parry
MEETING DATES: Meets as called.
PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND
NOW REQUIRES AN APPOINTMENT FOR AN UNEXPIRED TERM:
1. LeeDrillah Jenkins - 1114 South Missouri Ave., 33756 - Resident
Original Appointment: 11/01/2018
(was serving first term which expired 11/30/2022)
Resignation Date: 11/30/2022
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City of Clearwater
City Council Meeting Minutes April 4, 2023
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Katrina George - 1276 Eldridge St., 33755 - Resident
Zip codes of current members on board:
3 in 33755
1 in 33756
1 in 33765
1 in 33770
1 in 34209
Councilmember Teixeira moved to appoint Katrina George to the
Brownfields Advisory Board with a term to expire April 4, 2027.
The motion was duly seconded and carried unanimously.
9.7 Appoint an individual to the Community Development Board for an unexpired term
through March 2, 2027.
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: TBD
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate.
THE FOLLOWING ADVISORY BOARD MEMBERS HAVE RESIGNED OR
HAVE AN EXPIRED TERM WHICH NOW REQUIRES NEW
APPOINTMENTS:
1. Brynn Dauphinais - 3230 Mulberry Dr., 33761 - Planner
Original Appt: 3/2/2023
(was serving 1 st term set to expire 3/2/2027)
Resignation Date: 3/8/2023
THE FOLLOWING APPLICANT IS BEING CONSIDERED TO FILL THESE
VACANCIES:
1. Andrew Hupp - 745 Bay Esplanade, 33767 - Real Estate Developer
Page 19
City of Clearwater
City Council Meeting Minutes April 4, 2023
2. Samuel Hutkin - 755 Eldorado Avenue, 33767 -Alt Member
Absences: 6/2/22, 7/19/22, 9/20/22, 2/21/23
Zip Codes of current members:
1 at 33756
1 at 33759
1 at 33761
1 at 33764
3 at 33767
Current categories:
General Contractor
Engineer
Alt Member Consultant - commercial real estate
Construction and Real Estate
Real Estate Broker/Developer
Corporate General Counsel
Planner
Councilmember Allbritton moved to appoint Andrew Hupp to the
Community Development Board for an unexpired term through
March 2, 2027. The motion was duly seconded and carried
unanimously.
9.8 Elect a Councilmember to serve as Vice Mayor.
The city charter requires the City Council to elect one of its members as Vice
Mayor at the first meeting in April.
Per City Council Rule 5, the office of Vice Mayor shall be rotated amongst the
councilmembers annually, with Seat 3 serving in this capacity in 2022. During
the April 4, 2022 work session, there was council consensus to not follow the
designated rotation for the office of Vice Mayor and to elect Councilmember
Beckman as the Vice Mayor at the April 7, 2022 council meeting.
Council may follow the rotation schedule as designated (Reappoint Seat 3 -
Councilmember Beckman), appoint Councilmember Bunker (Seat 2; he
declined the nomination last year), or appoint Councilmember Allbritton (Seat 4,
next in the rotation).
Councilmember Allbritton moved to Elect Councilmember Mark
Bunker to serve as Vice Mayor. The motion was duly seconded
and carried unanimously.
Page 20
City of Clearwater
City Council Meeting Minutes April 4, 2023
9.9 Recycling Update
The City Manager said the consultant in onboard and will be assisting
staff with the RFP for single stream recycling. The RFP has been issued
and closes on April 14 at 10:00 a.m. The consultant will also assist staff
with routing issues. She said routing is a tool used for efficiency and
accountability, making sure waste is being collected?. In March, the City
delivered 719 tons of recycling to Waste Connections, of that, 94% was
accepted and processed. Staff is working with Public Communications to
have the waste collection data on the website to inform the public.
9.10Review of City's Financial Condition
Finance Director Jay Ravins provided an update on the City's financial
condition of the unrestricted reserve balance for the general fund, the
eight enterprise funds, and the central insurance fund. He said all of the
funds have unrestricted reserves in excess of the minimum, which reflect
their strong financial position and sustainability of the various enterprise
funds. He said the excess reserves in some of the utility funds have a
large balance because the excess reserves are cash for prefunded
capital projects planned for future years. He said these funds are
available for emergencies. Staff continues to update long-term forecasts of
the general fund and major utility funds on an annual basis and perform
rate studies every couple of years for each of the major utility funds by
independent rate consultants to ensure staff is proactively planning for and
addressing capital operating needs.
10. City Attorney Reports
10.1Approve a two-year funding agreement with PSTA for Jolley Trolley beach route and
authorize the appropriate officials to execute same.
On September 20, 2016, the City entered into the Clearwater Beach Route
Funding Agreement for the Jolley Trolley with PSTA, which was subsequently
amended and renewed on October 1, 2017 and October 1, 2019.
The City would like to extend this agreement to continue funding the beach route
of the Jolley Trolley for fiscal years 2023 and 2024.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 4351333-581000, Payment to Agencies, to
fund this contract.
Page 21
City of Clearwater
City Council Meeting Minutes April 4, 2023
Councilmember Allbritton moved to approve a two-year funding
agreement with PSTA for Jolley Trolley beach route and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
10.2Approve a nonbinding definition of antisemitism, directing city staff to familiarize
themselves with this definition and corresponding reference materials and incorporate
their usage where appropriate and adopt Resolution 23-05.
The City Council of the City of Clearwater has unanimously directed the
creation of a resolution relating to antisemitism.
Five individuals spoke in support.
Resolution 23-05 was presented and read by title only. Councilmember
Bunker moved to approve a nonbinding definition of
antisemitism, directing city staff to familiarize themselves with
this definition and corresponding reference materials and
incorporate their usage where appropriate and adopt Resolution
23-05. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Vice Mayor Beckman, Councilmember Allbritton, Councilmember
Bunker and Councilmember Teixeira
10.3Approve an employment agreement with Jennifer Poirrier appointing her as City Manager
and authorize appropriate officials to execute same.
At the March 16, 2023 city council meeting, the Council appointed Jennifer
Poirrier as City Manager and directed the City Attorney to negotiate an
employment agreement with her. That agreement has been finalized and is
attached hereto.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109211-510100, Full Time Salaries, to fund
this contract.
One individual spoke in opposition.
One individual spoke in support.
One individual submitted an email in opposition (see page 35).
Page 22
City of Clearwater
City Council Meeting Minutes April 4, 2023
Discussion ensued with comments made that Ms. Poirrier has handled
the recent challenges facing the organization with transparency and
leadership.
Councilmember Allbritton moved to approve an employment
agreement with Jennifer Poirrier appointing her as City Manager
and authorize appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
10AProvide staff direction on amphitheater sponsorship.
The City Attorney said the City's broker, Superlative, who has been
handling the naming rights for the amphitheater is seeking council
direction. Superlative has been speaking with prospective sponsors,
many of whom ask if the City intends to keep the name, The Sound. He
said some sponsors may like the name and others may not. Superlative
would like to know how the City wishes to proceed.
In response to questions, the City Attorney said he understands most
sponsors are approaching the matter in a binary way. either they are
comfortable incorporating the name or they are not. The term of the
naming right will be approved by Council. Superlative would prefer not
to be limited, keeping the name may limit prospective sponsors.
Discussion ensued with comments made that the name incorporates the
music venue. A concern was expressed that it may be too late to change
the name of the structure since The Sound has been publicized. There
was council consensus for Superlative to market The Sound in the name.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Bunker said he has faith in the Tampa Bay Times
regarding the article recently published about Scientology's
alleged involvement in the development of the Marina district. Deception
is what is used by Scientology to get what they want, and he suggested
putting a desired piece of property in a trust until the organization
develops their currently vacant downtown properties.
Councilmember Teixeira said she chose Clearwater to live and raise her
family because of the beauty, the people, and the potential. She said
Clearwater is fiscally healthy and staff and council will continue to protect
the health of the City.
Page 23
City of Clearwater
City Council Meeting Minutes April 4, 2023
Councilmember Allbritton said he is proud to live in Clearwater, the City
is fiscally healthy, and there is plenty of money in reserves. He said
there will be discussions on the dais regarding city hall and Council and
staff will figure out how to move forward.
Vice Mayor Beckman said she is proud of the amount of people who showed
up at the meeting. People care about quality of life and safety. Drew St. is a
big deal, and she appreciated the stories, data, and statistics provided. She
said the Sugar Sand Festival starts this weekend.
12. Closing Comments by Mayor
13. Adjourn
The meeting adjourned at 9:33 p.m.
City of Clearwater
Page 24
Call, Rosemarie
From: Barry Westmark <barrywestmark@hotmail.com>
Sent: Tuesday, April 4, 2023 3:08 PM
To: ClearwaterCouncil
Subject: I support the Drew Street project
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
I sent the following text via email to each Council member individually (with slight variations) earlier today but
am not sure they became public record. I understand from today's meeting's agenda that sending to
ClearwaterCouncil@myclearwater.com does make it public record. Apologies if there is duplication.
I support the Drew Street project and I hope you will too. Some things to think about:
• All work is within public right-of-way (i.e., no one on Drew Street is losing property)
• Paid by others: does not affect City of Clearwater budget
• Allows one lane each direction to flow continuously without left turn queues
• Allows motorists to make legal left turns without stress
• It is what people who live on or near Drew Street want
I understand it may not be what people who do not live in the neighborhood want. As passers -through, their
priorities may be different and not so aligned with the Clearwater community's.
For years transportation planning has been about using right-of-way to increase vehicular
capacity. Transportation planners now realize bicyclists and pedestrians need right-of-way too. This project
provides the perfect balance for all modes of transportation.
If you desire more information before tonight's meeting: https://iowadot.gov/traffic/4-to-3-Lane-
Conversion/4-to-3-lane-conversion-myths
I hope you will vote for the letter of support.
Many thanks,
Barry Westmark
1221 Drew Street
Ell
Clearwater, FL 33761
1
Call, Rosemarie
From: DENNIS MCDERMOTT <walrus751@gmail.com>
Sent: Tuesday, April 4, 2023 12:17 AM
To: Poirrier, Jennifer
Cc: Beckman, Kathleen; Allbritton, David; Bunker, Mark; Teixeira, Lina; Call, Rosemarie
Subject: Proposed Clearwater City Ordinance 9649-23
Attachments: McDermott Letter to Poirrier 04-03-23.pdf; Attachments A to D.pdf
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Ms. Poirrier,
I am unable to attend the City Council meeting in person on April 4, 2023,
so I am providing some feedback re: 9649-23 in the attached letter -- and
attached attachments --- which generally mirror and expand on my
comments offered in person at the March 16, 2023 City Council meeting.
I am not a recognized 'subject matter expert,' although I did earn a B.A.
degree in Geography, have some experience in map making, and I have
several decades of professional experience working in real estate,
planning, land use and transportation.
I do hope my comments, observations and suggestions will add value to
your discussion with both City Council and Staff as you move forward to
consider an appropriate resolution to this proposed land use action.
Best regards,
Dennis McDermott
1726 Lakeview Rd, Clearwater
(727) 542-6302
Dennis McDermott
1726 Lakeview Road • Clearwater, FL 33756 • (727) 542-6302
Ji -2-
April 3, 2023
Jennifer Poirrier, City Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Ref: Proposed Clearwater City Ordinance 9649-23
April 4, 2023 Clearwater City Council Agenda Item 8.2; ID# 23-0376
Dear Ms. Poirrier:
The primary purpose of my letter is to object to adoption of proposed City Ordinance No. 9649-23, and
to request a Continuance of this item until such time existing errors and omissions can adequately be
resolved.
This ordinance pertains to the City of Clearwater vacating a Right -Of -Way from the City in favor of a
private property owner without compensation.
Generally speaking, a Right -Of -Way ("ROW") is a legal recorded conveyance of property rights which
allows individuals who are not owners of a specific property to enter that property and use it as a
passage.'
A common example might be a road or walkway which passes through private land, allowing people to
have free and legal access to the passageway, offering open options for travel. The private property
owner subject to the ROW can't cut off public access; thus a specified portion of private property may
be considered 'public' under a ROW.
In land use theory, ROWs have value. A land owner who grants a ROW gives up value; the recipient of
the ROW gains value. And, in simple terms, a ROW in a rural agricultural setting generally has lower
value than a ROW on a Beach.
The record indicates that a Notice of City Council Public Meeting was published on March 1, 2023 and
again on March 8th regarding a Public Meeting to be held on March 16, 2023 regarding proposed
Ordinance No. 9649-23. The Notice states in part":
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CONDITIONALY VACATING
PORTION OF A 70 -FOOT -WIDE RIGHT-OF-WAY LYING WEST OF LOTS 72 - 76, LLOYD -
WHITE -SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13. PAGES' 12-13, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; SUBJECT TO CERTAIN
CONDITIONS; PROVIDING AN EFFECTIVE DATE.
I was disappointed that this published notice (a) did not identify the street address of this property; (b)
failed to contain a sketch of the property; (c) lacked a clear, plain -language description of the property;
and (d) provided no explanation regarding the public purpose for vacating this Right -Of -Way.'"
After some research, I concluded that this ROW abuts property now known as 400 Coronado Drive, a
property which is located between Coronado and Gulf Boulevard, and which was created in 2016 by
acquisition and combination of 3 adjacent properties. It now abuts (or is a part of) the site of the new
Alanik Hotel, just across Gulf Boulevard from the Opal Sands Hotel.
This ROW faces toward the Gulf and appears to enable public access to the water's edge of the Gulf.
Our Clearwater City Charter states that 'no right-of-way or easement which terminates at, or provides
access to, the water's edge of a body of fresh or salt water may be vacated for private benefit.' Our
City Charter also implies that 'when a right-of-way is abutted by a single property owner... the city may
sell the property to the abutting property owner for not less than fair market value.'
There is no discussion in this proposed ordinance which addresses fair market value of the partial
abandonment of this ROW, nor is there mention of compensation to the City for relinquishing this ROW.
April 3, 2023
Sent via attachment to email Page 1 of 2
Dennis McDermott
1726 Lakeview Road • Clearwater, FL 33756 • (727) 542-6302
At the Public Meeting held on March 16, 2023 regarding proposed Ordinance No. 9649-23, I publicly
voiced my objections to moving forward with this ordinance until such time as the public has been given
complete notice of the proposed actions through a fully detailed published Public Notice disclosing
actual property location in plain English, to include a sketch of the property and its location"; and that
an appraisal be completed to determine the fair market value of this 8,000 +1- square foot right of way
facing the Gulf.
Again today, on behalf of my fellow Clearwater residents, property owners, stakeholders and voters, I
vehemently object to any further action on this matter until all of the questionable details have been
fully, lawfully and adequately resolved.
Thank you in advance for making time to consider my concerns and this request for a Continuance of
this proposed action item until such time existing errors and omissions can adequately be resolved.
Should you have any questions regarding my comments and observations, I welcome your call.
Sincerely,
Petnis WIcPer al -f
Dennis McDermott
(727) 542-6302
walrus751(a�gmail.com
'The Legal Information Institute of Cornell Law School definition is "Right of way is the right to pass over or through real
property owned by someone else, usually based upon an easement; also, "right-of-way." The right of way may specify the
parameters of the easement or may be a general right to pass over or through, known as a floating easement."
ii A true PDF copy of this Notice [ref. 0000274686-01] as published in The Tampa Bay Times is attached to this letter as
Attachment A for reference.
"' Misc Notes: Exhibit 2 to File ID#23-0376 is labeled "400 Coronado R -W Legal Description". It contains a sketch of this
property dated 12/22/2022, along with further property description. A copy of same is attached as Attachment B for reference.
Exhibit 3 is labeled "Aerial Map 400 Coronado." It contains an aerial map created on 12/20/2022 based on an aerial image
created in 2021. A copy of same is attached as Attachment C for reference.
Each of these items would have been available to incorporate into the published legal notice [Attachment A] [ref. 0000274686-
01].
It seems clear that the street address for this property was available in December 2022. The omission of the street address
from the legal notice seems to imply an inadvertent evasion of the intent of Florida Public Records Laws which have been in
effect since 1909.
"True PDF copies of recent Public Notices relating to (a) Ordinance 9643-23 [ref. # 274522-01] and (b) Ordinances 9653-23
and 9656-23 [ref. # 0000277698-01) as published in The Tampa Bay Times are attached as Attachment D to this letter for
reference.
These copies of said notices help illustrate (a) that the City of Clearwater is capable of creating Public Notices which are fully
descriptive and which are likely understandable by average citizens; and (b) the City of Clearwater appears to lack a standard
of disclosure relative to proposed land use actions.
➢ Attachments 'A' through 'D' are attached
April 3, 2023
Sent via attachment to email Page 2 of 2
April 3, 2023: Letter from McDermott to Poirrier:
Proposed Clearwater City Ordinance 9649-23
LEGAL NOTICE
CITY OF CLEARWATER
NOTICE OF CITY
COUNCIL
PUBLIC HEARING
The City Council of the City of Clearwater, Amide, will
hold a public hearing on March 16, 2023, beginning at
6:00p.m., or soon thereafter as the matter may be
heard,in the_City Council Chambers, Clearwater Main
Library, 100 Osceola Ave, Clearwater, Florida, to
consider adoption of the folowing ordinance:
ORDINANCE NO. 9649-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, CONDITIONALY VACATING PORTION OF A
70 -FOOT -WIDE RIGHT-OF-WAY LYING WEST OF LOTS
72 - 76, LLOYD -WHITE -SKINNER SUBDIVISION, AS
RECORDED IN PLAT BOOK 13, PAGES' 1243, OF THE
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
Interested parties may appear and be heard at the
hearings or file written notice of approval or objection
with the City Clerk prior to the hearings. My
who decides to appeal any decision made by the
Council, with respect to any matter considered at s
hearings, will need a record of the proceedings and,
for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record
includes the testimony and evidence upon which the
appeal is to be based per Florida Statute 286.0105.
City of Clearwater Rosemarie Call,CA, CMC
P.O. Box 4748
lerk
Clearwater, FL 33758-4748
A COPYDFTHIS AD IN LARGE PRINT IS AVAILABLE IN
THE OFFIGIALRECORDS AND LEGISLATNESERVICES
DEPT. ANY=PERSQN WITH A DISABILITY REQUIRING
REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL THE
OFFICIAL" -RECORDS AND LEGISLATNE SERVICES
DEPT WITH THEIR REQUEST AT (127) 562-4090,
03/01/29. 03/08/29 00002744964M
Attachment A
April 3, 2023: Letter from McDermott to Poirrier: Attachment B
Proposed Clearwater City Ordinance 9649-23
DESCRIPTION:
A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now
known as South Gulfview Boulevard), shown on THE LLOYD -WHITE -
SKINNER SUBDIVISION plat, recorded in Plat Book 13, Pages 12 and
13 of the Public Records of Pinellas County, Florida, being more
particularly described as follows:
BEGIN at the Northwest comer of Lot 72 of said THE LLOYD -
WHITE -SKINNER SUBDIVISION; thence along the Easterly right-of-
way line of said South Gulfview Boulevard the following course and
curve; S.00°00'00"W, 85.15 feet to the beginning of a curve concave to
the East, having a radius of 777.00 feet, thence Southeasterly, 160.28
feet along said curve through a central angle of 11°49'09" (chord bears
S.05°50' 10"E., 160.00 feet); thence non -tangent to said curve,
N.55°08' 15"W., 49.74 feet to the center line of said right-of-way and the
beginning of a non -tangent curve concave to the East, having a radius of
812.00 feet, thence Northwesterly, 131.30 feet along said curve and
center line through a central angle of 09°15'52" (chord bears
N.04°34' 14"W., 131.15 feet); thence N.00°00'00"E., 80.83 feet along
said center line to the Westerly extension of the Northerly boundary line
of said Lot 72; thence N.82°58' 18"E., 35.26 feet along said extension to
the POINT OF BEGINNING.
Containing 8,000.5653 Square Feet (0.1837 Acres), more or less.
Attachment B Page 1 of 3
April 3, 2023: Letter from McDermott to Poirrier: Attachment B
Proposed Clearwater City Ordinance 9649-23
J:12200003\CAD`\.Survey\DWt3\2200003 Clearwater Beach Site Description Sketch.dwg -- 12/19/2022
DESCRIPTION SKETCH
(Not a Survey)
DESCRIPTION:
A portion of the East 1/2 of the Gulf View Boulevard right-of-way (now known as South Gulfview Boulevard),
shown on THE LLOYD -WHITE -SKINNER SUBDIVISION plat, recorded in Plat Book 13, Pages 12 and 13 of
the Public Records of Pinellas County, Florida, being more particularly described as follows:
BEGIN at the Northwest corner of Lot 72 of said THE LLOYD -WHITE -SKINNER SUBDIVISION; thence along
the Easterly right-of-way line of said South Gulfview Boulevard the following course and curve; S.00°00'00"W,
85.15 feet to the beginning of a curve concave to the East, having a radius of 777.00 feet, thence
Southeasterly, 160.28 feet along said curve through a central angle of 11°49'09" (chord bears S.05°50'10°E.,
160.00 feet); thence non -tangent to said curve, N.55°08'15"W., 49.74 feet to the center line of said right-of-way
and the beginning of a non -tangent curve concave to the East, having a radius of 812.00 feet, thence
Northwesterly, 131.30 feet along said curve and center line through a central angle of 09°15'52" (chord bears
N.04°34'14"W.,131.15 feet); thence N.00°00'00"E., 80.83 feet along said center line to the Westerly extension
of the Northerly boundary line of said Lot 72; thence N.82°58'18"E., 35.26 feet along said extension to the
POINT OF BEGINNING.
Containing 8,000.5653 Square Feet (0.1837 Acres), more or less.
SHEET
1 OF 2
NOTES:
1. No widergm Ind installation or improvements have been Muted
except those shown hereon.
2. LANDMARK ENGINEERING &SURVEYING CORPORATIONS
Certificate of Aud arization Number to provide surveying is 183913.
3. This drarng not veld without the signature and original seal of a
Florida Registered Surveyor & Mapper.
4. As used on His drawing, certify means to state or declare a
professional opinion of ccndfions regarding those (ads or findings
which are the wheel of the certification and Does Not constitute e
warranty or guarantee, either express or muted. This
certification is only for the Tans as described. It is Not a Cerehcata
of Tide. Zoning. Easements or Freedom of Encumbrances.
5. No instruments of record reflecting easements rghtsof-way
ander ownership were furnished to the surveyor except as shown
hereon.
LEGEND:
SEC.. SECTION
TWP. = TOWNSHIP
RGE = RANGE
P8 = PLAT BOOK
PGS = PAGES
RrW = RIGHT-OF-WAY
(P) = PLAT
(R) = RECORD
M = MEASURED
OR = OFFICIAL RECORDS
EXT = EXTENSION
BLK = BLOCK
COR = CORNEA
POB - POINT OF BEGINNING
NOTE:
SEE SHEET 2 FCR SKETCH.
„ID
2200003
111
REVISIONS
Description
Date
Dwn.
Ck'd
Order No.
Drawn: JEF 1 Checked: 1 Client No:
SURVEYORS CERTIFICATE
The sketch represented hereon conforms to the regurements of Chapter
&11 T. Flame Administrate's Code in effect on the Drawing Da:e strewn.
SCOTT R. FOWLER s°a
FLORIDA REGISTERED LAND SURVEYOR NO. 5185
Original No.: 2200003 1 Current No.: 2200003
Drawing Date:
12-16-2022
Tampa (813) 621-7841
Fax (813) 664-1832
Web Page: www.lesc.com
ENGINEERING & SURVEYING
CORPORATION
8515 Palm River Road, Tampa, Florida 33619
CERTIFICATE of AUTHORIZATION N0. LB 3913
Attachment B
Sec.: 7 Twp.: 29 S. Rge.: 15 E.
Page2of �'
April 3, 2023: Letter from McDermott to Poirrier: Attachment B
Proposed Clearwater City Ordinance 9649-23
DESCRIPTION SKETCH
(Not a Survey)
_ - 5th STREET (FIFTH AVENUE - PLAT) ---
60' RNV
LAT)'60'R!W
102°58'187E•• •r
POB
N.W. CORNER
OFLOT72
BASIS OF BEARINGS:
THE EASTERLY RIGHT-OF-WAY
LINE OF S. GULFb1EW BLVD.
BEARS S.00°00'OO'W (ASSUM D).
CURVE TABLE
CURVE #
RADIUS
DELTA
ARC!LENGTH
CHORD
BEARING
C1
812.00'
09'15'52'
131.30'
131.15'
N04°34'141W
�
777.00'
11°49'09"
160.28'
160.00'
S05°50'10"E
SHEET
2OF2
NOTE:
SEE SHEET 1 FOR DESCRIPTION,
NOTES & LEGEND
UNE TABLE
Line #
BEARING
DISTANCE
L1
N82°58'18"E
35.26'
12
N00°00'00"E
80.83'
L3
N55°08'15'W
49.74'
14
S00°00'00'W
85.15'
Drawn: JEF
Job No.: 2200003
Tampa (813) 621-7841
Fax (813) 664-1832
Web Page: www.Iesc.com
ENGINEERING & SURVEYING
CORPORATION
8515 Palm River Road, Tampa, Florida 33619
CERRFICAIE OF AUTHOWIABON NO. LB 3913
Attachment B
Sec.: 7
Twp.: 29 S. Rge.: 15 E.
Page of
April 3, 2023: Letter from McDermott to Poirrier: Attachment C
Proposed Clearwater City Ordinance 9649-23
AERIAL MAP
Proposed Right -of -Way Vacation
„ , ^
r-p.r°°by-Right-of-Way
GPsrtrmn<of Public WOAa - bq wHl.O
4wtl.Vh.T.cMul«Jr Orvuinn
'MS. Mon. Ave Cumat«, FL 31756
Ph. (72r)6tWrso, Fa: iOzr)526-1756
wnwyycu«wn«mm
VAC2022-13
Proposed South Gulfview Boulevard
Vacation
"
w
5
Scale: M.T.S.
E
Map Gen By. KF Reviewed By: TM Aerial Flown 2021 1 Date. 1212012022
Pace. 1 of 1
[...cot Pafi: C'-11
avin.l-pmY.
ComMMErgFxtsg a,Crwv_T th ito-LmnwCcv nip.t.ift mM.C202LtC:VAC2O 2.13-mx
Attachment C
April 3, 2023: Letter from McDermott to Poirrier: Attachment D
Proposed Clearwater City Ordinance 9649-23 .._
LEGAL NOTICE SAI. Nova
NOTICE
THE CLEARWATER
DEVELOPMENT
The City of Clearwater
AN ORDINANCE
FLORIDA MAKING
OF AMENDMENT
COMMUNITY
CODE
proposes to adopt the following
ORDINANCE 9643-23
TO
ordinance:
CLEARWATER,
COMMUNITY
OF THE CITY OF
AMENDMENTS TO THE
DEVELOPMENT CODE BY AMENDING ARTICLE 2. ZONING
DISTRICTS, CHART 2-100 AND THE MEDIUM DENSITY
RESIDENTIAL, COMMERCIAL, INSTITUTIONAL, AND OPEN
SPACE/ RECREATION DISTRICTS; BY AMENDING ARTICLE 3.
DEVELOPMENT STANDARDS, FENCES AND WALLS, GENERAL
APPUCABILITY STANDARDS, HOME-BASED BUSINESSES,
LANDSCAPING/TREE PROTECTION, PARKING AND LOADING,
SIGNS, TEMPORARY USES, DOG -FRIENDLY RESTAURANTS,
AND COMMUNITY GARDENS AND URBAN FARMS DMSIONS;
BY AMENDING ARTICLE 4. DEVELOPMENT REVIEW AND
OTHER PROCEDURES, GENERAL PROCEDURES AND LEVEL
THREE APPROVALS DMSIONS; BY AMENDING ARTICLE 8.
DEFINMONS AND RULES OF CONSTRUCTION; BY AMENDING
APPENDIX B. US 19 ZONING DISTRICT AND DEVELOPMENT
STANDARDS, GENERAL PROVISIONS, REGULATING PLAN,
SUBDISTRICT STANDARDS, STREET FRONTAGE STANDARDS,
SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS,
FLEXIBILITY, ANDADMINISTRATION DMSIONS; BY AMENDING
APPENDIX C. DOWNTOWN DISTRICT AND DEVELOPMENT
STANDARDS, GENERAL PROVISIONS, REGULATING PLAN,
CHARACTER DISTRICT STANDARDS, FRONTAGE STANDARDS,
SITE DESIGN STANDARDS, BUILDING DESIGN STANDARDS,
FLEXIBILITY, AND ADMINISTRATION DMSIONS; CERTIFYING
CONSISTENCY WITHTHE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY:
AND PROVIDING
AN EFFECTIVE DATE.
a�
es
a
r;
a
Schedule of Public Hearinas;
Thursday, Mach
2023 before the City Councl 1st Reading),
at 6$J0
Tuesday, AprV 4, 2023 before the Coaroil (2nd Reading at 6:00 p.m.
All public hearings on the ordinances wiU be held in the City
Council Chambers, Clearwater Main Ubrary,100 N Osceola Ave,
Clearwater, Florida. TA2022-09001 Assigned Plainer: Lauren
Matzke, AICP, (727) 562-4547
Additional information is available in the Planning Department
at the Municipal Services Building, 100 South Myrtle Ave,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a
decision of this board must have a record of the proceedings to
support such an appeal. A person making an appeal will need to
ensure that a verbatim record, including testimony and evidence,
is made. The inclusion of this statement does not create or imply
a right to appeal the decision to be made at this hearing if the
right to an appeal does not exist as a matter of Taw.
Citizens may appear to be heard or file written notice of approval
or on with the Planning and Development Director or the
City prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE
OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY
PERSON Inn A DI.SSABILITY REQUIRING REASONABB E
ACCOMMODATION IN ORDER TO PARTICIPATE IN
THIS MEETING SHOULD CALL OFFICIAL RECORDS A
t EGISr A1WE SERVICES WITH THEIR REQUEST AT 1/221
Rosemarie Cali, MPA, CMC
City of Clearwater
P.O. Box 4748 City Clerk
Clearwater, R 337584748
3/23.322/23 000027452241
Attachment D
IlWATEI � FLO'I Ip
The CIty Council of the City of Clearwater; Florida, will told
public hearings" on Tuesday, April '4, 2023, in the .Cleaniater
Main Library, City Council Cumbers, 100 N. Osceola Avenue;
Clearwater, Ro 1da,,pegInnhrg at 6;00 RM., or as soorn thereafter
as an ordinance may be heard, and vita consider the adoption
of ordinance to annex the following descried properties, into
the City. The ordinance and a complete legal description of the
property proper for annexation, by metes and bounds or plat
reference may be inspected or obtained at theofce of the City
Cleric located at City Hall
ORDINANCE 9663-23
AN ORDINANCE QF THE CITY OF CLEARWATER, FLORIDA,'
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF WEST MANOR AVENUE, EAST OF THE
INTERSECTION OF CALUMET STREET AND NORTH BELC HER
ROAD, WHOSE POST OFFICE ADDRESS IS 1754 WEST
MANOR AVENUE, CLEARNATER, FLORIDA 33765, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCWDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE
N BELCHER RD
MANOR BLVD N
ORDINANCE 9856-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERLY LOCATED ON THE
EAST SIDE OF OWEN DRIVE APPROXIMATELY 340 FEET
NORTH OF STATE ROAD 590, WHOSE POST OFFICE ADDRESS
IS 1719 OWEN DRIVE, CLEARWATER, FLORIDA 33759, INTO
THE CORPORATE UMITS OF11-1E CITY, AND REDEFINING THE
BOUNDARY UNES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE
City of Clearwater, Florida - Rosemarie Call, City Clerk
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE 114
THE CITY CLERK'S DEPARTMENT. ANY PERSON WITH A
DISABILITY REQUIRING REASONABLE ACCOMMODATION
IN ORDERTO PARTICIPATE IN THIS MEETING'' SHOULD
CALL THE CITY CLERK'S DEPARTMENT WITH THEIR
REQUEST AT (727) 5622-4090,
3/292023
000027769 601
CaII, Rosemarie
From: Kathy Flaherty <kathyipad68@icloud.com>
Sent: Tuesday, April 4, 2023 1:19 PM
To: Call, Rosemarie
Subject: Fwd: City Manager Appointment
This email- thank you
Ai it 0
Begin forwarded message:
From: Kathy Flaherty <kathyipad68@icloud.com>
Date: April 2, 2023 at 4:12:39 PM EDT
To: Jennifer Poirrier <Jennifer.Poirrier@myclearwater.com>, City Council
<City.Council@myclearwater.com>
Cc: Kathleen Beckman <Kathleen.Beckman@myclearwater.com>, Lina Teixeira
<lina.teixeira@myclearwater.com>, David Allbritton <David.Allbritton@myclearwater.com>, Mark
Bunker <Mark.Bunker@myclearwater.com>, Micah Maxwell<micah.maxwell@myclearwater.com>,
Michael Delk<Michael.Delk@myclearwater.com>, David Margolis
<David.Margolis@myclearwater.com>, Rosemarie Call <Rosemarie.Call@myclearwater.com>, "Kervin St.
Aimie"<Kervin.StAimie@myclearwater.com>
Subject: City Manager Appointment
Please attach this to the April 4, 2023 Meeting for comments regarding Ms.Poirrers appointment as City
Manager.
Ms.Poirrer,
I regret that I cannot support you as being the City Manager for Clearwater. I had hoped to do so but
the City Manager does not blame the Staff for carrying out a known City policy. You have done nothing
to improve this situation, you have only made it worse by blaming employees and not addressing the
facts.
The City does not have sorting capabilities, burning is cheaper and the City routinely burns its recycling.
The City of Clearwater has been burning recyclables for years. It did not take extensive research to
discover either. A simple YouTube search resulted in old news articles showing Ohas been going for
years. I hope you did not spend to much on your research.
Clearwater dumping recycling dumped in
trash
2
TAKING ACTION FOR YOU
CLEARWATER MOVING TO STOP BURNING REC
Clearwater Mayor: I -Team investigation
spurring action on burned recyclables
Here is the Assistant City Manger explaining 0 recycling to the Board in 2018. Notice Mr.Maxwell is
there - he is in charge of waste now - he could have explained it too.
3
I -TEAM INVEST ATO N
CITY DUMPS RECYCLING IN THE TR
10-15-2018 Recycling Burning
Instead of explaining that it was City policy you blamed it on the previous staff. That is not how a City
Manager operates.
If you didn't know it was policy that's even worse because then everyone is lying to you. How can you
be effective if everyone lies to you?
I do not think you actions are trustworthy therefore I can't support you as City Manager.
4
A
2-16-23 Clearwater Interim Director claims no
one knew recycling being 8. Blames staff.
'0