01/09/2023 Council Work Session Meeting Minutes January 9, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, January 9, 2023
1 :00 PM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes January 9, 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—Acting 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
The meeting was called to order at 2:30 p.m.
2. Presentations — Given.
2.1 Pinellas Community Foundation Solicitation and Award Process Overview for Emergency
Social Services and Relocation Programs - Duggan Cooley, Pinellas Community
Foundation, CEO (WSO)
As a follow up to the council work session on December 12, 2022, Duggan
Cooley, CEO of Pinellas Community Foundation will provide an overview of the
process to solicit and award funding for project proposals that meet the stated
objectives of$1,000,000 allocated by the city of Clearwater on August 18, 2022.
Mr. Cooley provided a PowerPoint presentation.
In response to questions, Mr. Cooley said staff will make sure the 10%
administrative cost is reasonable for the organization. To stay in line with
the ARPA guidelines, the administrative cost will be 10% or less. Two
applications for the Capri Mobile Home Park have been started in the grant
portal, staff has responded to several inquiries. Senior Program Officer
Jocelyn Howard said there are 80 to 90 households at the Capri needing
relocation assistance. Staff is still learning the number of individuals in each
household. Mr. Cooley said the residents at the Capri need assistance with
relocating and identifying affordable housing opportunities. Many of the
individuals moved to the Capri when the Southern Comfort Mobile Home
Park closed. He said not all of the residents will need financial assistance
but $250,000 will assist with crisis management. The local social service
organizations network is working together to identify housing opportunities
for those displaced once the Capri closes.
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Council Work Session Meeting Minutes January 9, 2023
The Council recessed from 2:45 p.m. to 2:53 p.m.
3. Finance
3.1 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)
David Dalton was employed as a police officer with the Clearwater Police
Department since September 30, 1996 and was approved for a job-connected
disability pension on June 9, 2022.
The parties have reached a settlement of all claims arising from any work
accidents, injuries, and/or conditions arising from his employment with the City
based on the following terms:
1. Lump sum payment of$230,000 which includes $229,900 for all
attorney's fees and costs payable to opposing counsel, and for
settlement of any and all workers' compensation claims; plus $100 for a
Separation Agreement/General Release which will include a carve-out
exception for claimant to retain his pension with no offset;
2. Separate payment of$8,888 to reimburse claimant for out-of-pocket
medical expenses expended before authorized workers' compensation
treatment, to occur within seven (7) days of City Council's approval of
settlement;
3. Claimant will opt out of City's health insurance plan as of January 1,
2023; and
4. Benefits will continue pending City Council approval and entry of an
Order by the Judge of Compensation Claims approving settlement.
This settlement was negotiated by the City's outside legal counsel for workers'
compensation claims, Mark Hungate with Banker, Lopez, Gassler P.A., and is
recommended by the City's claims committee, subject to City Council approval.
APPROPRIATION CODE AND AMOUNT:
5907590-545800 Insurance Claims-Workers' Compensation
4. Police Department
4.1 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)
Enchantment, LLC, and the Clearwater Police Department have entered into an
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Council Work Session Meeting Minutes January 9, 2023
indemnification agreement to allow the police department access to use the
property located at 400 Gulf Boulevard, Indian Rocks Beach, Florida during a
training exercise on January 25, 2023. The property owner has requested that
the Clearwater Police Department (CPD) agree to the terms and conditions
outlined in the indemnification agreement between Enchantment, LLC, and
CPD. The agreement states CPD hold harmless Enchantment, LLC, from and
against any and all loss liability, damage, cost or expense arising out of or
related to CPD's use of the property.
Nothing in the agreement, however, shall be deemed a waiver of the limitations
on liability contained in Section 768.28, Florida Statutes, or the doctrine of
sovereign immunity.
There are no costs associated with this agreement.
5. Public Works
5.1 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,
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Council Work Session Meeting Minutes January 9, 2023
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 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.
In response to a question, Assistant City Attorney Matthew Mytych said the
item before Council is a formality required by the city charter since the lease
period is beyond five years. The City is not selling the property.
5.2 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).
The Clearwater Beach Marina has not been comprehensively renovated since
1977. The 1950's era docks and infrastructure are failing and have an outdated
mix of slip sizes and types.
Moffat and Nichol, Inc. of Tampa, FL, were approved by Council on October 7,
2021 to redesign the marina docks, utilities and supporting infrastructure.
RFQ 19-22 was issued April 7, 2022, to select a CMAR to renovate the Beach
Marina. There were three respondents, and each candidate was interviewed by
a selection committee composed of five members from the Marine &Aviation
and Engineering departments.
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Council Work Session Meeting Minutes January 9, 2023
J. Kokolakis Contracting was unanimously selected based on their detailed
presentation, project performance, and experience with Clearwater Beach
projects.
Kokolakis will provide cost estimating, constructability reviews, and analysis of
phasing, staging and access, of each design submittal. Once design is
complete, Kokolakis will provide a guaranteed maximum price (GMP) to
construct the project for city council approval. The city may terminate
negotiations at any time if a GMP cannot be agreed upon.
APPROPRIATION CODE AND AMOUNT:
3327332-530100-C l 905
Funds are available in capital improvement project C1905, Beach Marina
Upgrade, to fund this proposal.
In response to questions, Public Works Engineer Jeff Walker said Kokolakis
was not used for Imagine Clearwater. Thirty percent of the design phase has
been completed. Staff will provide an update after reviewing the 30% design.
He said staff will try to relieve the congestion on Coronado Drive. Kokolakis
was selected because of their experience constructing marinas, such as
Tampa Yacht Club and Tin City Marina in Naples. Kokolakis replaced the
wave attenuators at the Harbor Maina. He said Kokolakis also has
experience building projects in Clearwater beach.
6. Planning
6.1 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
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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.
6.2 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.
In response to questions, Planning and Development Director Gina Clayton
said the proposed changes do not apply to Pier 60 vendors. The Pier 60
vendors are handled via the Special Event process. Staff can run a Business
Tax Receipt Report to identify the businesses located within the city. She
said because a business did not pay their business tax receipt does not
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mean the business has left the city.
6.3 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
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
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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 will review the proposed North
Greenwood Community Redevelopment Area Plan at a public meeting on
January 9, 2023 and make a recommendation to City Council. 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.
6.4 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
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
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redevelopment trust fund through the 20-year planning period ending in 2043.
6.5 Accept the annual report of the status of Transfers of Development Rights (TDRs).
(consent)
Pursuant to Community Development Code Section 4-1403(H), a record of
Transfer of Development Rights (TDRs) must be maintained and reported
annually to the City Council and the Pinellas Planning Council (Forward
Pinellas).
A Transfer of Development Rights (TDRs) is the conveyance of development
rights by deed, easement, or other legal instrument from a parcel or parcels of
land (the sending site) to another parcel or parcels of land (the receiving site).
TDRs are enabled through the Countywide Rules and are governed by Article 4
Division 14 of the City's Community Development Code (Code). The Code sets
forth the requirements for the conveyance of the development rights, certain
limitations to how much and where additional development potential can be
used, and the process for approval to use any TDRs through a Level Two
Flexible Development (FLD) application and approval by the Community
Development Board (CDB). The Code prohibits TDRs to or from parcels in the
Low Density Residential (LDR) or Low Medium Density Residential (LMDR)
Districts, as well as into the coastal storm area from outside of the coastal
storm area. Additionally, properties located within the city's redevelopment
areas (governed by Beach by Design, Clearwater Downtown Redevelopment
Plan, or US 19 District) may only transfer development rights to another
property within the same plan area. Through this program, development rights
may be sold by one property owner (sending site) to be used by another
property owner (receiving site), which would allow the receiving site to utilize the
extra density or intensity on the receiving site; it does not create new density or
intensity, but rather shifts where it may be used, pursuant to the standards in
the Code.
Community Development Code Section 4-1403.H states that the Community
Development Coordinator shall keep a record of such transfers and report them
annually to the City Council and Pinellas Planning Council (Forward Pinellas).
This shall serve as the annual report of the record of transfers.
The CDB approved the use of TDRs from two properties in 2022. On June 21,
2022 the Board approved FLD2020-05012A and TDR2022-01001 and
TDR2020-07002A for the transfer of 17 hotel unit development rights from the
sending sites located at 420 Hamden Drive and 170 Brightwater Drive to the
receiving site of 405 East Shore for a hotel project.
Since 1999, 37 TDRs applications have been submitted to the Planning and
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Development Department for consideration by the Community Development
Board. The statuses of those applications are as follows:
• 12 have been completed and built
• 7 applications were approved but the associated projects have not been
constructed
• The projects associated with 17 TDR applications have expired as the
projects were not constructed within the required timeframe
• 1 application was denied
6.6 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)
6.7 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 on
first reading. (TA2022-10002)
7. Public Utilities
7.1 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)
The East Water Reclamation Facility (WRF) Screw Pump Replacement project
entails replacement of the three existing screw lift pumps which are nearing the
end of their useful life. The three screw pumps are used to lift processed
wastewater up and into the oxidation reactor where the wastewater is further
treated. These screw lift pumps are unique to the East WRF and are therefore
custom designed and fabricated (i.e., there are no direct replacements
available).
In its entirety, this project will consist of design, bidding, fabrication, and
subsequent construction. This work order is the initial step (design and bidding).
Once the design is complete and a contractor selected through the bidding
process, a future item will be brought forth for fabrication and construction.
The City of Clearwater Public Utilities Department is responsible for owning,
operating, and maintaining the East WRF.
APPROPRIATION CODE AND AMOUNT:
3277327-530100-M1907 $216,585.00
Funding is available in Utility Renewal and Replacement Project M1907, WPC
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R&R, to fund the work order
7.2 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)
Purchasing issued Invitation to Bid (ITB) #04-23, Liquid Sodium Hypochlorite on
November 7, 2022. Two bids were received on December 8, 2022. Odyssey
Manufacturing Company of Tampa, FL, represents the lowest responsive,
responsible bidder.
Liquid Sodium Hypochlorite (bleach) is used as a disinfectant at the City of
Clearwater's potable water treatment plants, water reclamation facilities, and
reclaimed water booster stations, to maintain regulatory compliance with the
City's Florida Department of Environmental Protection (FDEP) operating
permits.
The initial contract period will be from January 17, 2023, through January 16,
2024, with the option for two one-year renewal terms available to the City.
Renewal Terms allow for price increases based on the Producer Price Index
#061303 Alkalies and Chlorine, including natural sodium carbonate and sulfate.
Any price increase during the renewal term is subject to the City's approval.
Renewal prices shall be firm for the respective annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY23 are available in various Public Utilities cost centers,
cost code 551700 Bulk Chemicals
Funding for future fiscal years (FY24, FY25) will be requested within contract
calendar and spending limits.
8. Marine & Aviation
8.1 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.
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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 of
Clearwater.
In response to questions, FIyUSA CEO Barry Shevlin said they intend to
cycle out 10% of the current tenant with derelict planes, with the goal to have
10% of the planes based there be turbo prop planes. The new conditions,
such as no activity on Sunday before 11:00 a.m. will be effective March 1,
2023. Marine and Aviation Director Eric Gandy said the contract includes
goals to reduce the number of helicopters stationed at the Airpark. In theory,
reducing the number of helicopters will reduce the activity. Mr. Shevlin said
FIyUSA will have control over the number and type of planes that the flight
school will have at the Airpark. Mr. Gandy said FIyUSA will manage the
activity at the Airpark, he will reach out to city staff when needed. Mr. Shevlin
said once the agreement with the City has been executed, FIyUSA will
execute an agreement with the flight school, which will include the same
conditions. Complaints will be directed to FIyUSA. He said is familiar with
Greenprint 2.0 and hopes to provide ev charging stations for free. Mr. Gandy
said since the Airpark is city-owned, anything that is constructed will follow
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the City's procurement process. The pro forma is based on the City's fiscal
year. Mr. Shevlin said there are approximately 20 fixed-wing aircraft and 6
helicopters for training. The goal is to have no more than three helicopters.
9. Human Resources
9.1 Set interim salary increase 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 at 20%, which was provided to former Interim City Manager Micah
Maxwell on August 5, 2021.
10. City Clerk
10.1Appoint 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
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
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Council Work Session Meeting Minutes January 9, 2023
1 at 33761
1 at 33763
1 at 33764 (Ex-Officio)
1 at 33765
Discussion deferred to January 12, 2023.
10.2Appoint Linda Byars to the Neighborhood and Affordable Housing Advisory 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)
BOARD: Neighborhood and Affordable Housing Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: N/A (See Special Qualifications)
MEMBERS: 7
CHAIRPERSON: Camille Hebting
MEETING DATE: 2nd Tues. most months
PLACE: Main Library/Council Chambers
STAFF LIAISON: Chuck Lane
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Real Estate
Professional in Connection with Affordable Housing; Clearwater Resident;
Residential Home Building Industry; Advocate for Low Income Housing;
Not-For-Profit Provider of Affordable Housing; Banking/Mortgage Industry;
Employer's Representative.
THE FOLLOWING ADVISORY BOARD MEMBER HAD A TERM WHICH
EXPIRED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Lindsay Dicus-Harrison - 12400 Chickasaw Trail, Largo FL 33774 - Real
Estate Broker
Original Appointment: 1/21/22
(was serving an unexpired term through 6/30/22)
(Citizen who is actively engaged as a real estate professional in
connection with affordable housing.)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Linda Byars - 1726 Marion Street, Clearwater FL 33756 - Finance &
Rehabilitation Manager
(Citizen who is actively engaged as a real estate professional in
connection with affordable housing.)
Zip codes of current members:
1 - 33703
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Council Work Session Meeting Minutes January 9, 2023
1 - 33755
2 - 33756
1 - 34222
Current Special Qualifications:
1 citizen actively engaged in the residential home building industry in connection
with affordable housing
1 citizen who resides within the City of Clearwater
1 citizen actively engaged as a real estate professional in connection with
affordable housing
1 citizen actively engaged as an advocate for low-income persons in connection
with affordable housing
1 citizen actively engaged as a not-for-profit provider of affordable housing
1 citizen who represents employers within the City of Clearwater
The City Clerk said Board Member Lindsay Dicus-Harrison submitted an
application for reappointment after the agenda was published.
Discussion ensued with council consensus to reappoint Ms. Dicus-Harrison.
Staff was directed to place the item on the Consent Agenda.
10.3Appoint Robert Kantor to the Sister Cities Advisory Board with a term to expire January
12, 2027.
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6 + 1 At-large member
CHAIRPERSON: Michael Ballard
MEETING DATES: Quarterly
PLACE: Council Chambers
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc.,
the local business community, the School Board's World Language Coordinator
or designee, and the Clearwater Arts Alliance shall not be required to reside
within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER TERM HAS EXPIRED:
1. Michael Ballard -2275 Springrain Dr, Clearwater, 33763-At-large
member
Completed 1 st term; not interested in reappointment
Term ended 9/30/2022
THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL'S
CONSIDERATION:
1. Robert Kantor - Business owner/construction, 717 Eldorado Avenue,
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Council Work Session Meeting Minutes January 9, 2023
Clearwater, 33767
Zip codes of current members:
1 - 33763
1 - 33710
1 - 33714
1 - 33755
1 - 34683
1 - 33761
10.4Appoint 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
THE FOLLOWING ADVISORY BOARD MEMBER'S TERM HAS EXPIRED AND
NOW REQUIRES A NEWAPPOINTEMENT:
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.
Zip Codes of current members on board:
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Council Work Session Meeting Minutes January 9, 2023
1 at 33755
1 at 33756
1 at 33761
1 at 33763
2 at 33767
The City Clerk said Duane Schultz, a former board member, submitted an
application after the agenda was published.
There was council consensus to defer discussion to January 12, 2023.
10.5Approve 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)
Lobbying services assist the City in pursuing funding and favorable legislation at
the federal level. Request for Proposal 57-22 was released to select a provider
of these services.
Responses were received from Batie and Associates, LLC, Dentons US LLP,
and Van Scoyoc Associates, Inc..
The evaluation committee, consisting of the City Clerk, City Attorney and
Assistant City Manager, reviewed the written proposals on November 5, 2022.
Selection criteria were: Demonstrated Experience, Qualifications of Team,
Reference Reports and Cost of Services.
The committee determined Van Scoyoc Associates to be the most responsive
to criteria established in the RFP. Van Scoyoc has been the City's federal
lobbyist since 2013 and the City has been satisfied with their services. Van
Scoyoc proposes the same rate as the previous contract. The agreement may
be cancelled at any time with a 30-day notice.
APPROPRIATION CODE AND AMOUNT:
Annual costs for this contract will be included in the City Attorney's Operating
budget under appropriation code 010-09700-530100-513-000.
11. City Attorney
11.1 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
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Council Work Session Meeting Minutes January 9, 2023
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
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.
11.2Authorize 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)
The Code of Ordinances requires the City to defend both current and former
employees in any civil action or proceeding in any state or federal court arising
out of any alleged act or omission which occurred or is alleged in the complaint
to have occurred while the employee was acting within the scope of his or her
public employment or duties.
However, City Code of Ordinances Section 2.035 recognizes that
circumstances occasionally arise in which it would be a conflict of interest for
the City Attorney's Office to represent both the City and the individual defendant
employees. Even in cases where no conflict exists, the extensive and
specialized litigation sometimes involved in these cases can make outside
representation appropriate.
The City Attorney would like to retain Andrew Dayes to represent current and
former city employees who are sued in their individual capacity under 42 U.S.C.
1983, but such representation will be limited to cases in which a conflict of
interests exists or, in the City Attorney's judgment, it is inappropriate or
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Council Work Session Meeting Minutes January 9, 2023
impractical to defend the employee using in-house resources. The initial budget
for this agreement is $100,000. Additional fees, if any, will be presented to
Council for approval.
This agreement is exempt from bidding requirements pursuant to Section
2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to
fund this contract.
11.3Approve 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.
On October 6, 2022, the City Council approved a Property Exchange
agreement with PSTA (Pinellas Suncoast Transit Authority) for the exchange of
a parcel of city-owned land on the corner of Myrtle Avenue and Court Street for
the current Park Street Terminal. The agreement provides for PSTA to lease
back the Park Street Terminal until the new multi-modal facility on Myrtle Avenue
and Court Street is complete and requires that the lease be finalized by January
4. Because neither the City Council nor PSTA's Board of Directors will meet
before the deadline, an amendment to the Exchange Agreement extending the
deadline to January 30, 2023 is required.
The proposed lease is for a term of five years. No extension will be granted
unless approved by the City Council.
12. City Manager Verbal Reports - None.
13. City Attorney Verbal Reports — None.
14. Council Discussion Item
14.1 Discuss city manager position description and expectations.
At the January 5, 2023 special city council meeting, the City Council terminated
City Manager Jon Jennings. Staff was directed to schedule a council discussion
at the January 9, 2023 work session for council to review the recruitment
brochure used for the last city manager search.
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City of Clearwater
Council Work Session Meeting Minutes January 9, 2023
Vice Mayor Beckman said she requested the discussion in an effort to tweak
the candidate profile used during the last search so that it identifies the type
of candidates Council is seeking for the city manager position. The candidate
does not need to be from Florida but should have confidence navigating the
Sunshine Law and clear understanding of the council-manager form of
government. The candidate should be transparent and facilitate public
discussions with Council.
Discussion ensued with concerns expressed with being too prescriptive in
the candidate profile as it may limit the candidate pool.
14.2Discuss Downtown Land Swap - Vice Mayor Beckman
Vice Mayor Beckman said she wanted to be clear that discussions involving
or selling Downtown properties, including parcels on the affordable housing
list, are sensitive and it is important that Council is made aware early on in
the process. She said it was important, for her, that discussions occur in the
public as much as possible.
Discussion ensued with comments made that Council was not made aware
of the discussions with the Church of Scientology.
14.3Discuss City Manager/City Attorney Annual Goals and Uniform Evaluation Forms - Vice
Mayor Beckman
Vice Mayor Beckman requested consideration to implement uniform
evaluation forms that utilizes descriptors like meets, exceeds, significantly
exceeds, or does not meet. The City Manager and City Attorney should
propose annual measurable goals that are tied to the strategic plan and
reflect how the goals were accomplished. She said the city Attorney is 2.5
months into the new year and Council has not agreed upon his goals.
In response to a question, Human Resources Director Billie Kirkpatrick
suggested Council consider discussing the matter during the strategic
planning session.
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Council Work Session Meeting Minutes January 9, 2023
Staff was directed to schedule the discussion at a future work session with a
light agenda or a standalone work session.
15. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Allbritton requested a discussion item related to trimming
the mangroves along the Memorial Causeway. He said an individual has
expressed an interest to absorb the cost associated with trimming the
mangroves from Island Way, on the north side of the Causeway, to the small
bridge and removing the invasive species. He said the individual is working
with a certified arborist. Councilmember Allbritton said the individual is
asking that the City remove the debris.
Vice Mayor Beckman said she is waiting for the Tourist Development Council
and 2-1-1 presentations to be confirmed. She requested a presentation of
the solar study, update on the proposed noise ordinance, and how the cold
night shelters are funded and municipality's role in cold night shelters. She
asked if staff could provide a report on how many businesses have left
Clearwater and if the voluntary demographic questions were answered. She
requested a discussion regarding what should be included in the Economic
Development & Housing dashboard. She requested council consideration to
direct staff to include the Office of Innovation in agenda items, contracts,
developments in order to advocate for sustainability and Greenprint goals.
She said agenda items could include comments from the Office of
Innovation.
Mayor Hibbard requested consideration to direct the Charter Review
Committee to amend the charter to allow the city manager or city attorney
being dismissed by a 2-3 vote to be placed on paid leave and allow Council
to appoint an interim city manager. He also requested consideration to
amend Council Rules to not require emails or eComments submitted prior to
the council meeting be read into the record.
16. Closing Comments by Mayor— None.
17. Adjourn
The meeting adjourned at 4:49 p.m.
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City of Clearwater