06/15/2023 City Council Meeting Minutes June 15, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, June 15, 2023
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes June 15, 2023
Roll Call
Present: 5 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker, Councilmember
David Allbritton, Councilmember Kathleen Beckman and
Councilmember Lina Teixeira
Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City
Manager, David Margolis - City Attorney, Rosemarie Call — City Clerk
and Nicole Sprague — Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Aungst, Sr.
The meeting was called to order at 6:00 p.m.
2. Invocation — Rev. Norma Fontaine-Philbert from Garden of Grace Ministries
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 June Service Awards
One service award was presented to a city employee.
4.2 Clearwater Library Celebrates Citizenship - Meredith Kambic, East Branch Manager
4.3 Hunger Awareness Month Proclamation, June 2023 — Melinda Perry, Hope Villages of
America
4.4 Juneteenth Proclamation, June 19, 2024 — Javante Scott, Clearwater Urban League
Coalition
5. Approval of Minutes
5.1 Approve the minutes of the June 8, 2023 city council meeting as submitted in written
summation by the City Clerk.
Councilmember Beckman moved to approve the minutes of the
June 8, 2023 city council meeting as submitted in written
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City Council Meeting Minutes June 15, 2023
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Kathy Flaherty expressed concerns with reclaimed water from the
Clearwater Country Club golf course being discharged into Stevenson
Creek and questioned the information provided by staff that the Country
Club would be responsible for all repairs and capital improvements.
Lisa Lanza questioned if Parks and Recreation should review contracts
for all golf courses and recreation facilities and suggested that the Parks
and Recreation Advisory Board overlook the contracts.
Wayne Carothers expressed concerns with the lack of code enforcement
action on neighboring property (1487 Excaliber Drive) and requested
assistance with addressing the safety hazards on the property.
Mr. Holuba questioned the status of the recycling refund and expressed
concerns with Councilmember Beckman's newsletter.
Bill Jonson thanked Public Communications for providing a hearing
impaired system in chambers.
7. Consent Agenda — Approved as submitted.
7.1 Approve Change Order One from Biltmore Construction Co., Inc of Belleair, Florida, for
the former City Hall Demolition project (19-0009-EN) in the amount of$252,544
increasing the contract from $557,693 to $810,237 pursuant to Request for Qualifications
(RFQ) 40-20, Construction Manager at Risk, and authorize the appropriate officials to
execute same. (consent)
7.2 Approve a work order to Stantec of Clearwater, Florida, for former Elks Lodge
Demolition (20-0037-CM) project in the amount of$127,190, pursuant to Request for
Qualifications (RFQ) 26-19, Engineer of Record, and authorize the appropriate officials to
execute same. (consent)
7.3 Approve Change Order 2 to Skanska USA Building, Inc., of Tampa, FL, for Imagine
Clearwater Flatwork and Vertical Construction (17-0031-EN) in the amount of
$887,847.46, increasing the contract from $ 57,270,250 to $58,158,097.46, and
authorize the appropriate officials to execute same. (consent)
7.4 Authorize a Guaranteed Maximum Price proposal to Certus Builders, Inc., of Bristol, FL
for the construction of a new pier and dock at Cliff Stephens Park located at 901
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Fairwood Ave, in the amount of$292,811.31, pursuant to RFQ 40-20, Construction
Manager at Risk (CMAR) Services for Continuing Contracts and authorize the
appropriate officials to execute same. (consent)
Vice Mayor Bunker moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9675-23 on second reading, amending Chapter 21, Code of
Ordinances to repeal Section 21.12 relating to prostitution.
Ordinance 9675-23 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9675-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
8.2 Adopt Ordinance 9676-23 on second reading, amending Chapter 21, Code of
Ordinances to repeal Article 2, relating to registration of ex-convicts.
Ordinance 9676-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9676-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
8.3 Adopt Ordinance 9677-23 on second reading, amending Chapter 21, Code of
Ordinances to repeal Section 21.20 relating to the offense of sitting or lying down.
Ordinance 9677-23 was presented and read by title only.
Councilmember Beckman moved to adopt Ordinance 9677-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
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City Council Meeting Minutes June 15, 2023
Councilmember Beckman and Councilmember Teixeira
8.4 Adopt Ordinance 9678-23 on second reading, amending Chapter 21, Code of
Ordinances to repeal Section 21.15 relating to the offense of requesting payment in
exchange for watching parked motor vehicles.
Ordinance 9678-23 was presented and read by title only. Vice
Mayor Bunker moved to adopt Ordinance 9678-23 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
8.5 Adopt Ordinance 9679-23 on second reading, amending Chapter 30, Code of
Ordinances to repeal Article 6 relating to cruising.
Ordinance 9679-23 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9679-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
8.6 Adopt Ordinance 9680-23 on second reading, amending Chapter 22, Articles 1 and 2,
Code of Ordinances to define electronic cigarette and prohibit smoking and vaping on
city owned public parks and beaches.
One individual spoke in support.
Ordinance 9680-23 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9680-23 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
8.7 Adopt Ordinance 9689-23 on second reading, amending Chapter 22, Article 2 relating to
hours of operation and Article 3 relating to special events.
Ordinance 9689-23 was presented and read by title only.
Councilmember Beckman moved to adopt Ordinance 9689-23 on
second and final reading. The motion was duly seconded and
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upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
8.8 Adopt Ordinance 9690-23 on second reading, amending Chapter 2, Article V, Division 3,
Employees' Pension Plan, to amend Section 2.414, Participation.
Ordinance 9690-23 was presented and read by title only. Vice
Mayor Bunker moved to adopt Ordinance 9690-23 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
9. City Manager Reports
9.1 Amend the City's fiscal year 2022/23 operating and capital improvement budgets at
mid-year and pass Ordinances 9687-23 and 9688-23 on first reading.
The fiscal year 2022/23 operating and capital improvement budgets were
adopted in October 2022 by ordinances 9615-22 and 9616-22. Section 2.521 of
the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects.
Ordinances 9687-23 and 9688-23 were presented and read by title
only.
Councilmember Teixeira moved to amend the City's fiscal year
2022/23 operating and capital improvement budgets at mid-year
and pass Ordinances 9687-23 and 9688-23 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton,
Councilmember Beckman and Councilmember Teixeira
9.2 Select one of three concepts for the proposed New City Hall project (22-0019-EN).
On September 15, 2022, Council approved a work order to Wannemacher
Jensen Architects (WJA) for design of a new city hall. The design scope
included three concepts of varying architectural styles for an approximately
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40,000 square feet (SF), LEED silver building on the vacant city-owned parcel
south of the MSB (1.673 acres) or connected to the MSB on the exiting parcel
(1.67 acres).
Since the work order approval, council provided direction to the City Manager to
consider one large city hall to accommodate not only staff currently located at
600 Cleveland Street but all staff in the MSB with options to repurpose the MSB
building (66,570 SF) and parcel. With this new direction, WJA was asked to
provide concept drawings and construction cost estimates of three options, the
two originally included and one large city hall on the parcel south of MSB.
One individual supported Option 2 and questioned why one firm was
selected to create the conceptual designs.
City Engineer Tara Kivett said, per city procurement guidelines, staff
issued a Request for Qualifications for a design and engineering firm and
reviewed responses. Staff presented Council a work order to hire the most
qualified firm, Wannemacher Jensen Architects. The work order includes the
design fees.
Councilmember Allbritton moved to adopt Concept 2 and to
moved forward with design concepts. The motion was duly
seconded and carried unanimously.
The Mayor suggested naming the new city hall after William B. Horne 11,
in recognition to his dedication to the Clearwater community.
Staff was directed to place the item on the next agenda.
Forward Pinellas
Assistant City Manager Michael Delk said Forward Pinellas has requested input on their
reapportionment process. Some of the smaller cities have requested a seat on the board. It is
believed that Forward Pinellas is open to the concept. He said St. Petersburg currently has two
votes and Pinellas County has three. Forward Pinellas is recommending St. Petersburg's
membership on the board be increased to three. Mr. Delk said staff is preparing to advocate that
Clearwater's membership be increased to two representatives.
Councilmember Allbritton said the representation on the board is based on a certain percentage of
the municipality's population. Clearwater has the second highest population and should have two
representatives.
10. City Attorney Reports — None.
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11. Other Council Action
11.1 Consider adjusting council salaries, ranging from $41,000 to $49,000 - Councilmember
Teixeira
Note -At the May 10, 2023 Charter Review Committee meeting, a motion was
approved to "set the mayor's salary at $49,000 and the councilmember's salary
at $41,000 with an annual COLA."
Councilmember Teixeira said she wants to be sensitive to concerns
raised but does not want to dismiss that increasing the salary may move
the needle for some prospective candidates.
A comment was made that a holistic approach to diversifying council
should include discussing the benefits of districting. It was stated that
Council directed the Charter Review Committee to look at increasing
council salaries and have provided a recommendation, the Committee is
looking at districting separately.
Discussion ensued with support expressed to increase the Mayor's salary
to $49,000 and Councilmembers salary to $45,000, with an annual
increase based on CPI or a set percentage.
The City Attorney said Council should discuss how the salary increase
should be calculated (tie to a particular index, specify a fixed percentage,
or tie to the general wage increase for non-bargaining units). He said the
ordinance must specify how salary increases are calculated, otherwise
the salary will be frozen at $45,000 and $49,000.
There was council consensus to use the consumer price index.
One individual spoke in opposition and questioned if increasing council
salaries requires a referendum.
The City Attorney said the salary increase does not require a
referendum.
Councilmember Teixeira moved to direct staff to modify the
ordinance to change council salaries to $45,000 for
councilmembers and $49,000 for the mayor and to keep the
annual salary increase method as is (CPI). The motion was duly
seconded and carried with following vote:
Ayes: 3 - Mayor Aungst, Sr., Councilmember Allbritton and Councilmember
Teixeira
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Nays: 2 - Vice Mayor Bunker and Councilmember Beckman
12. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Beckman said she participated in a pre -opening tour of
Coachman Park and thanked all staff involved. She urged all attending
the park's grand opening activities to view the city website for parking
information and alternate transportation options prior to visiting the park.
Vice Mayor Bunker said the park tour he attended a month ago was
spectacular, he looked forward to seeing the updates on his pre -opening
tour, and he reviewed upcoming events.
Councilmember Teixeira reviewed upcoming and recent events and that
she was very excited about the grand opening of Coachman Park.
Councilmember Allbritton said Imagine Clearwater was years in the
making, he was very excited to celebrate the grand opening, and he
thanked all those involved with project. He thanked Councilmember
Teixeira for bringing up council salaries as councilmembers typically do
not want to raise their salaries near an election, but the salary increase
was overdue.
13. Closing Comments by Mayor
14. Adjourn
The Mayor reviewed recent and upcoming events and wished all a safe
Fourth of July. He said he has not seen anything like Coachman Park
anywhere and that he was overly impressed with the work done in the
park.
The meeting adjourned at 7:01 p.m.
City of Clearwater