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07/20/2023 City Council Meeting Minutes July 20, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m ap ® e Meeting Minutes Thursday, July 20, 2023 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes July 20, 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 — 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 July Service Awards Two service awards were presented to city employees. The July/August Bimonthly Team Award was presented to the Jasmine Fire Crew- Station 45C: Lt. Sean Becker, Matthew Mauger, Gabriel Cerpa, Joshua Engberg, Christopher Vital, Noah Kidd, Lt. Anthony Gomillion, Michael Billian, and Curtis Fivecoat. 4.2 Clearwater Sister Cities High School and Middle School Japan Trip Presentations Clearwater, Florida, USA and Nagano, Japan have been Sister Cities since 1959. Every year the City of Clearwater awards four scholarships to high school students (Clearwater residents) for a cultural exchange trip to Nagano, Japan. This year the four students and one chaperone traveled from June 22 to July 3. Clearwater Sister Cities Inc. sends middle school students on a similar trip, not funded by the city. This year seven middle school students and three chaperones traveled to Japan from June 6 to June 20. These cultural Page 2 City of Clearwater City Council Meeting Minutes July 20, 2023 exchange trips have been on hold since 2019 due to the pandemic. Students will give short presentations of their trip and share their experiences and what they have learned. 5. Approval of Minutes 5.1 Approve the minutes of the June 15, 2023 City Council meeting as submitted in written summation by the City Clerk. Councilmember Beckman moved to approve the minutes of the June 15, 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 Maryellen Gordon opposed the proposed development at 420/432 Bay Avenue and asked which agency was responsible for enforcing the stated criteria of the Downtown Development Zone goals and Greenprint 2.0 environmental goals. Sarah Brown Caudell opposed the proposed development at 420/432 Bay Avenue and requested notification and council oversight on any construction proposed on the sites. Katrina George expressed concerns with 34 feral cats roaming her neighborhood and requested assistance to address the roaming cat colony. Rudy Michalek referenced a recent newspaper article regarding civility at meetings and thanked Council for their dedication and service to the city. He said inflation is down and now slightly above 7% in Tampa. Ellen O'Donnell opposed the potential demolition of the Clearwater Lawn Bowling and Shuffleboard clubhouses in order to accommodate other recreation activities, requested the City advertise and market the Lawn Bowling and Shuffleboard facility, and provided a proposal that would allow the City to accommodate additional sports activities without eliminating any of the lawn bowling or shuffleboard facilities. Jason Mastropietro requested consideration to add one full time employee at Moccasin Lake Nature Park to support the growing activities at the park. Page 3 City of Clearwater City Council Meeting Minutes July 20, 2023 Matthew Zimmerman said homelessness affects individuals of all walks of life and encouraged the City to support policies and funding for affordable housing. Patrick Raftery encouraged Council to understand the staffing shortages in each department and why the vacant positions cannot be filled. He said the staffing shortages impact not only the department, but the organization as a whole. He also supported an additional FTE at Moccasin Lake Nature Park. Jeff Denis and T. William Atherton opposed the proposed development at 420/432 Bay Avenue and expressed concerns with the notification process. Robert Wiltz encouraged the City to support initiatives that address homeless vulnerability, as the vulnerability brings crime. Phil Kitchens opposed selling alcohol at Coachman Park and opposed the comments made during the work session regarding freedom of speech at council meetings. He suggested naming a street after former city manager William B. Horne ll. Mr. Holuba expressed concerns with efforts trampling citizens'First Amendment rights at council meetings and opposed amending decorum rules. Mike Riordon said the homeless undercount is a nationwide fact. He suggested Cleveland Street should be open in the mornings through 6:00 p.m., Thursdays through Sunday, sections of the street should be closed. Jennifer Haithcock supported the affordable housing initiatives contained in the Pinellas County Housing Compact and stated if the City could raise $84 million to build Coachman Park, the City can raise funds needed for a high-rise homeless shelter with affordable housing and mental health services. Kathy Flaherty submitted an email regarding the replacement of the irrigation system at the Clearwater Golf Course (see page 25). Beth Davis submitted an email supporting an Eviction Specialist staff position (see page 26). Cheryl U submitted an email regarding short term rental regulations within city limits (see page 27). Page 4 City of Clearwater City Council Meeting Minutes July 20, 2023 7. Consent Agenda — Approved as submitted, less Items 7.6 and 7.19. 7.1 Accept a Gas Utility Easement from KW REALTY FUND IX LLC, for the construction, installation, and maintenance of gas utility facilities on real property located at 2358, 2308, 2284, 2290, 2294, 2298, 2302, 2310, 2316, 2320, 2324, 2328, and 2332 Gunn Highway, Odessa, FL 33556. (consent) 7.2 Approve a purchase order to Bliss Products, of Lithia Springs, Georgia for the purchase of amenities for park locations in the total amount of$267,576.75, pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical, and authorize the appropriate officials to execute same. (consent) 7.3 Approve agreement terms with Bounce Life Amusements, LLC of Largo Florida and authorize the appropriate officials to execute same. (consent) 7.4 Authorize a Guaranteed Maximum Price proposal to Khors Construction Inc., of Pinellas Park, FL for the construction and replacement of the wooden deck around the Pier 60 Concession Stand, in the amount of$287,729.98, pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing contracts and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Strategic Consulting Services Contract between the city and CAA ICON in a not to exceed amount of$210,000 to provide consulting services in connection with negotiations with the Philadelphia Phillies for the renovations and usage of BayCare Ballpark and the Carpenter Complex and authorize the appropriate officials to execute same. (consent) 7.6 Approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of$500,000 and authorize the appropriate officials to execute same. (consent) See Below. 7.7 Approve acceptance of a United States Department of Justice, Office of Justice Programs (OJP), 2022 Bureau of Justice Assistance Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation, grant award in the amount of$40,122 for the Mental Health Co-Responder Team and authorize the appropriate officials to execute same. (consent) 7.8 Approve the Distribution Easement request by Duke Energy to operate and maintain its facilities in support of the City Hall Bluff project at 112 S. Osceola Avenue, Clearwater, Florida. (consent) Page 5 City of Clearwater City Council Meeting Minutes July 20, 2023 7.9 Approve four-year Professional Service Agreements with forty-seven firms, selected for Engineer of Record (EOR), pursuant to Request for Qualifications (RFQ) 34-23 and authorize the appropriate officials to execute same. (consent) 7.10Approve the Drainage Easement conveyance request from Dolphin Harbour Development of Island Estates, LLC., to install, repair, and maintain drainage utilities on real property located at 125 Island Way, Clearwater, Pinellas County, Florida. (consent) 7.11Approve Supplemental One Work Order to Mead and Hunt, Inc. of Tampa, FL, for the Citywide Transportation Mobility Assessment (21-0036-EN) in the amount of$146,000 increasing the value from $352,800 to $498,800 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Continuing Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.12Authorize a purchase order to Bausch Enterprises Inc. of Stuart, FL, for the purchase of beach lifeguard towers for Clearwater Fire and Rescue (CFR) beach lifeguard personnel in the amount of$143,625.00, pursuant to Invitation to Bid 35-23 - Aluminum Lifeguard Towers, and authorize the appropriate officials to execute same. (consent) 7.13Reappoint Mr. Rick G. Stucker to a four-year term as a Trustee of the Clearwater Firefighers' Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 7.14Authorize a purchase order to CDW-G, of Vernon Hills, IL, for Cisco hardware and software solutions in the amount of$257,332.41, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback; authorize the use of a lease purchase under the City's Master Lease Purchase Agreement or internal financing via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in the City's best interests; and authorize the appropriate officials to execute same. (consent) 7.15Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software maintenance in a not-to-exceed amount of$180,645.39 for a one-year term pursuant to Clearwater Code of Ordinances Section 2.563 (1)(a), single source, and authorize the appropriate officials to execute same. (consent) 7.16Approve a second amendment and second extension to the Water Taxi Services Contract with Clearwater Ferry Services, Inc. for the term of ten years, commencing October 1, 2023 and providing $500,000 in subsidies to Clearwater Ferry Services Inc. over a five-year period and authorize the appropriate officials to execute same. (consent) 7.17Authorize a Purchase Order to W.W. Grainger of Lake Forest, IL., for the purchase of Page 6 City of Clearwater City Council Meeting Minutes July 20, 2023 maintenance, repair, and operating supplies in the not-to-exceed amount of $350,000.00 ($175,000.00 for Public Utilities and $175,000.00 for General Services) for the period of July 1, 2023 through June 30, 2024, for one year, per Clearwater Code of Ordinances Section 2.563(1)(c), piggyback, and authorize the appropriate officials to execute same. (consent) 7.18Approve Supplemental Work Order 3 to Black and Veatch, Inc., of Tampa, FL, for SCADA Master Plan Project Management Services (20-0016-UT) in the amount of $62,500.00, increasing the work order from $143,080.00 to $205,580.00, and authorize the appropriate officials to execute same. (consent) 7.19Award a construction contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of$7,933,000.00 for the Lift Station 16 Pierce Street Rehabilitation project pursuant to Invitation to Bid (ITB) 20-0008-UT, approve Supplemental Work Order 3 to Stantec Inc. for Construction Engineering Services in the amount of$203,819.00, increasing work order from $580,564.00 to $784,383.00, and authorize the appropriate officials to execute same. (consent) See Below. 7.20Reappoint Stephanie Chill to the Sister Cities Advisory Board with a term to expire July 31, 2027. (consent) 7.21 Reappoint Deena Stanley to the Marine Advisory Board with a term to expire July 31, 2027. (consent) 7.22Ratify and confirm hiring the law firm of Luke Charles Lirot, P.A. for representation in the case of Florida Preborn Rescue, Inc., Allen Tuthill, Antoniette M. Migliore, Scott J. Mahurin, and Judith Goldsberry v. City of Clearwater, Case No. 8:23-cv-01173-MSS-AAS for the initial retainer amount of$25,000. (consent) Vice Mayor Bunker to approve the Consent Agenda as submitted, less Items 7.6 and 7.19, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.6Approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of$500,000 and authorize the appropriate officials to execute same. (consent) Ruth Eckerd Hall, Inc. (REH) applied for and received a cultural facilities grant in the amount of$500,000 for interior renovations and improvement to the performing arts center. The City as owner of the land and buildings is required to enter a restrictive covenant with the State under Section 265.701(4) Page 7 City of Clearwater City Council Meeting Minutes July 20, 2023 Florida Statues to ensure that the facility will be used for a "cultural facility" for ten years following the execution of the agreement. A "cultural facility" as defined by the State is a building which will be used primarily for the programming, production, presentation, exhibition of the cultural disciplines such as: music, theater, creative writing, literature, painting, sculpture, folk art etc. The City currently has an agreement with REH that runs to July 1, 2031, to operate the facility as a "cultural facility", while the restrictive covenant will run to July 17, 2033. Even if REH and the City do not extend the current lease beyond July 1, 2031, staff is recommending approval of the restrictive covenant as the city will continue to operate the facility as a "cultural facility" for the remaining two years as required by the restrictive covenant. The Mayor said per the City Attorney, he must recuse himself. Councilmember Teixeira moved to approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of$500,000 and authorize the appropriate officials to execute same. The motion was duly seconded and carried with the following vote: Ayes: 4 - Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira Recused: 1 - Mayor Aungst Sr. 7.19Award a construction contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of$7,933,000.00 for the Lift Station 16 Pierce Street Rehabilitation project pursuant to Invitation to Bid (ITB) 20-0008-UT, approve Supplemental Work Order 3 to Stantec Inc. for Construction Engineering Services in the amount of$203,819.00, increasing work order from $580,564.00 to $784,383.00, and authorize the appropriate officials to execute same. (consent) Due to age and increasing capacity requirements identified in the Wastewater Collection System Master Plan, Lift Station 16 requires replacement. The work consists of demolishing the current lift station and constructing a new 4.9 MGD lift station located at the Western end of Pierce Street. Public Utilities Department issued ITB 20-0008-UT which closed on March 22, 2023. TLC Diversified Inc of Palmetto, FL was the lowest and only responsible bid received in accordance with the plans and specifications. In June 2022, Engineer of Record (EOR) Stantec had estimated the construction cost to be Page 8 City of Clearwater City Council Meeting Minutes July 20, 2023 $5.3 million. Due to the post pandemic economy, the estimated costs have continued to increase. On June 4, 2020, City Council approved an initial work order to EOR Stantec to provide design, permitting, and construction services for the rehabilitation of failing components at Lift Station 16 in the amount of$198,608. At the time of this initial work order, the construction cost estimate was under $4 million, and the project was awarded to an EOR. On December 17, 2020, City Council approved Supplemental Work Order 1 to EOR to provide additional design and construction services associated with the above recommended capacity improvements at Lift Station 16 in the amount of $248,966, increasing the work order value from $198,608 to $447,574. On April 4, 2022, City Council approved Supplemental Work Order 2 to EOR Stantec in the amount of$132,990 to provide additional design and services associated with the addition of a canopy structure with cladding/screening as well as more robust landscaping/irrigation to better screen the facility given the lift station's proximity to Imagine Clearwater, increasing the work order value from $447,574 to $580,564. Supplemental Work Order 3 is for additional project management, administration, additional engineering services and resident project representative (RPR) during construction which is currently estimated to be 9 months. Although the construction cost is now more than $4 million, this project initially began when the estimated cost of construction was under$4 million and the continued use of Stantec is in accordance with the Florida's Consultants' Competitive Negotiation Act (CCNA) guidelines. In addition, the use of a different engineering firm would result in higher costs to the City. Construction duration is 275 calendar days after issuance of Notice to Proceed. The City of Clearwater's Public Utilities Department is responsible for owning, operating, and maintaining the sanitary sewer collection system. APPROPRIATION CODE AND AMOUNT: 3217321-563800-96686 $7,933,000 3217321-561300-96686 $203,819 A second quarter budget amendment will transfer Sewer Revenue (388422) in the amount of$5,000,000 from 96215 Northeast Plant Upgrades/Improvements to 96686 Pump Station Replacement. Additional funds are available in 96686 Pump Station Replacement to fund the program. In response to questions Engineering Division Manager Jeremy Brown said the projected cost provided by the Engineer of Record in 2020 was less than $4 million. The supply market has been volatile and the engineer of record Page 9 City of Clearwater City Council Meeting Minutes July 20, 2023 included a 40% market conditions premium (contingency). Staff reached out to 30 companies in the area and asked why they did not respond to the request. Many companies stated the project did not fit their workload or could not provide a competitive bid with the current labor market. He said projects are funded in advance. Councilmember Allbritton moved to award a construction contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $7,933,000.00 for the Lift Station 16 Pierce Street Rehabilitation project pursuant to Invitation to Bid (ITB) 20-0008-UT, approve Supplemental Work Order 3 to Stantec Inc. for Construction Engineering Services in the amount of $203,819.00, increasing work order from $580,564.00 to $784,383.00, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Adopt a tentative millage rate of 5.8850 mills for fiscal year 2023/24; set public hearing dates on the budget for September 6, 2023 and September 21, 2023, to be held no earlier than 6:00 p.m., and schedule a special work session on August 7, 2023, at 1:30 p.m. to fully discuss the proposed budget. (APH) In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 1, 2023. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.8850 mills, the same as the current year. This rate is 10.27% more than the rolled back rate of 5.3370 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.8850 mills is adopted, the City's ordinance adopting the millage rate will reflect an 10.27% increase from the rolled-back rate of 5.3370 mills. Page 10 City of Clearwater City Council Meeting Minutes July 20, 2023 The proposed millage rate as well as other TRIM millage rates will be noted on the 2023 compliance forms as follows: 5.8850 mills - Tentative millage rate 5.3370 mills - Rolled-back millage rate 5.7816 mills - Maximum majority vote rate 6.3598 mills - Maximum two-thirds vote rate A special budget work session is being scheduled for Monday, August 7, 2023, at 1:30 pm to fully discuss the proposed budget. Budget Director Kayleen Kastel provided a PowerPoint presentation. One individual supported maintaining the millage rate, requested that housing initiatives be treated with more urgency, and encouraged increasing the allocation of social services for homelessness. One individual supported providing funding towards workforce and affordable housing. One individual supported lowering the millage. The Council recessed from 7:33 p.m. to 7:41 p.m. Councilmember Beckman moved to adopt a tentative millage rate of 5.8850 mills for fiscal year 2023/24; set public hearing dates on the budget for September 6, 2023 and September 21, 2023, to be held no earlier than 6:00 p.m., and schedule a special work session on August 7, 2023, at 1:30 p.m. to fully discuss the proposed budget. The motion was duly seconded and carried unanimously. 8.2 Approve the City of Clearwater's Fiscal Year (FY) 2023/2024 Annual Action Plan, which is the fourth Action Plan of the FY 2020/2021 - FY 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. (APH) On July 16, 2020, City Council approved the 2020/2021 - 2024/2025 Consolidated Plan (Consolidated Plan) identifying the city's goals and objectives with respect to the city's administration of HOME Investment Partnerships (HOME) and Community Development Block Grant (CDBG) Program funds. Under the Consolidated Plan, the City is required by US Department of Housing and Urban Development (HUD) to create and implement a plan each year to identify the sources and uses of these funds for Page 11 City of Clearwater City Council Meeting Minutes July 20, 2023 housing, community programs, and economic development. This plan, referred to as the Annual Action Plan, provides HUD with the City's Housing Division budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals and objectives established in the Consolidated Plan. Funds will be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low- to moderate-income households. This year's Annual Action Plan allocates federal funds to provide housing opportunities to extremely low- to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. The Annual Action Plan serves as a budget for planned projects and identifies unallocated funds available for additional project(s) throughout the budget year. Staff requests authorization to make administrative adjustments during the budget year to fund additional project(s), including shifting funds between projects within budgetary segments. The FY2023/2024 Annual Action Plan is due to HUD on August 15, 2023. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2023. Staff performs compliance monitoring with funded organizations on an annual basis. On June 7, a notice of 30-day comment period and public hearings was published in the Tampa Bay Times. On July 11, 2023, the City's Neighborhood and Affordable Housing Advisory Board (NAHAB) hosted the 1 st of the 2 required public hearings and passed a motion recommending City Council approval of the FY2023/2024 Annual Action Plan. Grant Application Process for CDBG Program - The City partners with several non-profit agencies to implement the goals and objectives established in the Consolidated Plan. To obtain these partners, the City annually publishes in February a Notice of Funding Availability in the local newspaper and on its website. This notice informs the public of the resources the City will make available and the eligible uses of those resources. It also informs them of the 30-day application period for requesting funds. The applications were due on March 17, 2023. The city received 22 completed and qualified applications and staff recommends funding of each. A Technical Review Committee (TRC) comprised of a professional in the social service and grants community, a member of the NAHAB, a representative of the Clearwater Urban Leadership Coalition, and the City Clerk reviewed and Page 12 City of Clearwater City Council Meeting Minutes July 20, 2023 ranked the applications. Applicants were provided an opportunity to present their proposed projects at the April 11, 2023, NAHAB meeting. City Housing staff also reviewed each application to ensure it met HUD's baseline requirements. With guidance from the TRC and NAHAB and based on available funding, City staff prepared recommended funding allocations. The NAHAB met on May 9, 2023 and approved the recommended allocations. NAHAB approval is subject to City Council approval of the Annual Action Plan. Recommended CDBG Grant Allocations (Competitive) - The City may allocate up to 15% ($137,000) of its CDBG entitlement funds for Public Services activities. This year the city received eight requests for funding subject to the 15% cap. Staff recommends allocation of funding based on the tiered ranking of TRC scoring for which the three highest-ranked applicants are granted $22,833 each; the next three highest-ranked applicants are granted $15,983 each; and the two lowest-ranked applicants are granted $10,275 each. The city received eight requests for funding of Public Facilities improvements. The TRC reviewed each application and recommended funding of each request as appropriate. Staff is recommending funding of all eligible components of each request up to $90,000 (plus project delivery costs paid by the city including inspection fees, environmental review record and other fees). The total staff-recommended allocation for the eight projects is $559,141. These investments will help daily operations of each public service provider with improved facility functionality, efficiency, and safety features. Other Recommended Allocations (Non-Competitive) - Staff recommends funding of the following additional activities/programs: • Additional requests for public facility or infrastructure projects ($590,523) • Small business/microenterprise, childcare, and fagade activities ($388,352), • New Construction, Rehabilitation, Purchase Assistance (fka Down Payment Assistance), Tenant Based Rental Assistance and Community Housing Development Organization (CHDO) set aside funds ($8,661,289) • Homeownership Education & Counseling ($50,000) • Property Acquisition & Demolition ($255,000) BACKGROUND: Anticipated Resources - In FY2023-2024, the City will receive $913,337 in entitlement funds for the Page 13 City of Clearwater City Council Meeting Minutes July 20, 2023 CDBG Program and $532,649 in entitlement funds for the HOME Program. The City is also reprogramming: $5,118,850 in prior year HOME entitlement and program income funding; $228,000 in anticipated FY2023-2024 HOME program income; $1,163,192 in prior year CDBG entitlement and program income funding; $27,800 in anticipated FY2023-2024 CDBG program income; and $1,221,637 in CDBG Revolving Loan Program funds. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation and administration. Funds provided through the HOME Program are limited to housing-related activities and administration. Included in the budget is State Housing Initiatives Partnership (SHIP) Program funds in amounts of$1,365,854 and $475,000 in entitlement and anticipated program income funding, respectively. In response to questions, Economic Development and Housing Director Denise Sanderson said SHIP funds are included in the consolidated plan because the funds are used to achieve HUD's national objectives. She said the City uses SHIP funds to support homebuyer education and counseling services, instead of CDBG/HOME funds. The federal funds are entitlement funds (formula allocations based on population and low-moderate income areas). The city does not receive SAIL funding. Ms. Sanderson said the City does not have an active rental assistance program, the department administered one many years ago. The department is proposing to contract Clearwater Housing Authority to do the first/last month rent, or security deposit, to support their housing choice voucher program. Landlords are reluctant to be involved in the voucher program due to delayed payment. She said it is hoped that the rental assistance program will mitigate that since there will always be a security deposit. The 2020/2021 HOME-ARP funds allocation will be amended to reprogram $891,000 for supportive services, such as housing navigation, housing liaison, and legal services. She sad the department has included an additional FTE in the proposed budget for the affordable housing division. Vice Mayor Bunker moved to Approve the City of Clearwater's Fiscal Year (FY) 2023/2024 Annual Action Plan, which is the fourth Action Plan of the FY 2020/2021 - FY 2024/2025 Consolidated Plan, to implement the goals and objectives set forth in the Consolidated Plan and authorize the appropriate officials to enter into agreements with HUD and organizations approved for funding, together with authorization to execute administrative adjustments to same as needed. The motion was duly seconded and carried Page 14 City of Clearwater City Council Meeting Minutes July 20, 2023 unanimously. 8.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1221 Sunset Point Road and pass Ordinances 9697-23, 9698-23, and 9699-23 on second reading. (ANX2022-05007) This voluntary annexation request was passed on first reading on July 21, 2022 and involves a 0.137-acre property consisting of one parcel located on the south side of Sunset Point Road approximately 385 feet east of Douglas Avenue. The property is contiguous to existing City boundaries to the north. Second reading of this annexation request was delayed because the applicant was constructing a single-family dwelling on this parcel under the County's jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 9583-22, 9584-22 and 9585-22), so a third and final reading will also be scheduled for August 3, 2023 meeting. Ordinances 9697-23, 9698-23, and 9699-23 were presented and read by title only. Councilmember Teixeira moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1221 Sunset Point Road and pass Ordinances 9697-23, 9698-23, and 9699-23 on second 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 8.4 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Sunset Point Road and pass Ordinances 9700-23, 9701-23, and 9702-23 on second reading. (ANX2022-05008) This voluntary annexation request was passed on first reading on July 21, 2022 and involves a 0.137-acre property consisting of one parcel located on the southeast corner of Sylvan Drive and Sunset Point Road. The property is contiguous to existing city boundaries to the north. Second reading of this annexation request was delayed because the applicant was constructing a Page 15 City of Clearwater City Council Meeting Minutes July 20, 2023 single-family dwelling on this parcel under the County's jurisdiction. The construction has been completed and a Certificate of Occupancy issued so second reading can now take place. A Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) were approved for the property on first reading. Due to the amount of time that has lapsed since that hearing, new ordinance numbers have been assigned to reflect the current year (previous Ordinance numbers: 9586-22, 9587-22 and 9588-22), so a third and final reading will also be scheduled at the August 3, 2023 meeting. Ordinances 9700-23, 9701-23, and 9702-23 were presented and read by title only. Councilmember Allbritton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1219 Sunset Point Road and pass Ordinances 9700-23, 9701-23, and 9702-23 on second 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 Approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1786 North Hercules Avenue, and pass Ordinances 9681-23, 9682-23, and 9683-23 on first reading. (ANX2023-05004) This voluntary annexation petition involves a 0.300-acre property consisting of one parcel of land occupied by a warehouse and office. The property is located on the west side of North Hercules Avenue approximately 200 feet south of Calumet Street. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The property is contiguous to existing city boundaries to the east. It is proposed that the property be assigned a Future Land Use Map designation of Industrial Limited (IL) and a Zoning Atlas designation of Industrial, Research and Technology (IRT). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the city. The closest sanitary sewer line is located in the adjacent North Hercules Avenue right-of-way. The applicant has paid the city's sewer impact and Page 16 City of Clearwater City Council Meeting Minutes July 20, 2023 assessment fees in full and is aware of the additional costs to extend city sewer service to this property. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city's Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city's Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The proposed Industrial Limited (IL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. The IL designation primarily permits non-residential uses at a floor area ratio (FAR) of 0.65. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) District. The use of the subject property is consistent with the uses allowed in the district. The property is nonconforming with regard to lot area and width and has numerous nonconforming site conditions. Any future development or redevelopment of this site can only be achieved through a comprehensive infill redevelopment project; and • The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city Page 17 City of Clearwater City Council Meeting Minutes July 20, 2023 boundaries to the east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Ordinances 9681-23, 9682-23, and 9683-23 were presented and read by title only. Councilmember Beckman moved to approve the annexation, initial Future Land Use Map designation of Industrial Limited (IL) and initial Zoning Atlas designation of Industrial, Research and Technology (IRT) District for 1786 North Hercules Avenue, and pass Ordinances 9681-23, 9682-23, and 9683-23 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 8.6 Continue to August 17, 2023: Approve the annexation, initial Future Land Use Map designations of Residential Estate (RE) and Preservation (P) and initial Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P) Districts for an unaddressed parcel on Tanglewood Drive, and pass Ordinances 9684-23, 9685-23, and 9686-23 on first reading. (ANX2023-05005) This voluntary annexation petition involves a 0.456-acre property consisting of one parcel of vacant land. The property is located on the north side of Tanglewood Drive approximately 675 feet west of Oak Creek Drive East. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. The applicant plans to develop a detached dwelling on the property but there have been no plans submitted at this time. The property is contiguous to existing city boundaries to the north and east. It is proposed that the property be assigned Future Land Use Map designations of Residential Estate (RE) and Preservation (P) and Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from the county. The closest sanitary sewer line is located in the Oak Creek Drive North right-of-way to the north of the subject property, which the property owner plans to extend to via a private line. The applicant is aware that the city's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend city sewer service to this property. The property is located within Police District III and Page 18 City of Clearwater City Council Meeting Minutes July 20, 2023 service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #50 located at 2681 Countryside Boulevard. The city has adequate capacity to serve this property with sanitary sewer, solid waste, police, and fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.2.2 Future land use in the City of Clearwater shall be guided by the city's Future Land Use Map, which shall be consistent with the Countywide Plan for Pinellas County (The Countywide Plan) including the Countywide Plan Map and shall be implemented through the city's Community Development Code. Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Future Land Use Map Residential Estate (RE) and Preservation (P) categories are consistent with the current Countywide Plan designation of the property. The RE designation primarily permits residential uses at a density of 1 unit per acre. The proposed zoning districts to be assigned to the property are the Low Density Residential (LDR) and Preservation (P) Districts. The use of the subject property is consistent with the uses allowed in the districts and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and east; therefore, the annexation is Page 19 City of Clearwater City Council Meeting Minutes July 20, 2023 consistent with Florida Statutes Chapter 171.044. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9638-23 on second reading, amending the Comprehensive Plan to address the creation of a new Parks and Recreation impact fee system. Ordinance 9638-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9638-23 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 9.2 Adopt Ordinance 9639-23 on second reading, amending the Community Development Code to replace Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and Recreation impact fee system. Ordinance 9639-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9639-23 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 9.3 Adopt Ordinance 9687-23 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 Program Fund, Solid Waste and Recycling Fund, and Airpark Fund. Ordinance 9687-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9687-23 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 9.4 Adopt Ordinance 9688-23 on second reading, amending the Capital Improvement Budget for the fiscal year ending September 30, 2023, to reflect an increase of Page 20 City of Clearwater City Council Meeting Minutes July 20, 2023 $1,087,961. Ordinance 9688-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9688-23 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 10. City Manager Reports 10.1Appoint an individual to the Parks and Recreation Advisory Board with a term to expire July 20, 2027. BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chair: Patrick Raftery MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS THAT EXPIRE AND NOW REQUIRE REPLACEMENT: 1. Lisa Tuttle - 2399 Old Coach Trail, 33765 Original Appointment: 6/3/2015 Completed 2nd term THE FOLLOWING NAMES ARE BEING CONSIDERED TO FILL THE VACANCY: 1. Angelica Lonesome - 2633 Seville Blvd Unit 307, 337645 - Self Employed, Property Manager 2. Patricia Dalton - 1499 Excaliber Drive, 33764 - Retired Teacher Zip codes of current members on board: 3 at 33755 2 at 33761 2 at 33765 There was council consensus to appoint Angelica Lonesome. Page 21 City of Clearwater City Council Meeting Minutes July 20, 2023 Vice Mayor Bunker moved to appoint Angelica Lonesome to the Parks and Recreation Advisory Board with a term to expire July 20, 2027. The motion was duly seconded and carried unanimously. 11. City Attorney Reports 11.1 Formally recognize the Communications Workers of America, Local 3179, as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit and adopt Resolution 23-10 The City of Clearwater (City) is a public employer within the meaning of Section 447.203(2), Florida Statutes. The Communications Workers of America, Local 3179 (CWA) is an employee organization within the meaning of Section 447.203(l 1), Florida Statutes, and is properly registered with the Public Employees Relations Commission (PERC). The CWA represents a bargaining unit of certain non-professional city employees which was originally certified in 1975. Since 1975, a substantial number of changes occurred to the bargaining unit. These changes included job title modifications,job description modifications, elimination of job classifications, and the addition of new classifications. None of these changes occurred at the same time and occurred at various points in time over the last 48 years. The City and CWA have negotiated and ratified more than 15 collective bargaining agreements (CBA) since 1975. In most of those CBAs, the included job classifications were specifically listed in an appendix of the CBA. Those job classifications in the appendix reflected the understanding between the City and CWA of the bargaining unit classifications during the term of that respective CBA. In 2022, the City and CWA filed a joint unit clarification petition with PERC to clarify the bargaining unit by updating job titles, removing classifications that were abolished, and adding new classifications that were created. In March 2023, PERC issued a final order and granted the request to update job titles and remove abolished classifications. However, PERC declined to add the new classifications under the unit clarification procedure due to the large number of employees to be added to the bargaining unit. In the final order, PERC stated that the City and CWA can add the new classifications by filing a recognition acknowledgement petition. Section 447.307(1), Florida Statutes, allows the public employer to formally recognize the employee organization as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit. In May 2023, CWA requested that the City recognize the addition of the new classifications. The recognition acknowledgement petition requires Page 22 City of Clearwater City Council Meeting Minutes July 20, 2023 documentation of the formal recognition process whereby the City recognizes the CWA as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit. The adoption of this Resolution is needed to continue with the recognition acknowledgement process. Resolution 23-10 was presented and read by title only. Councilmember Teixeira moved to formally recognize the Communications Workers of America, Local 3179, as the exclusive bargaining representative of the employees proposed for inclusion in the bargaining unit and adopt Resolution 23-10. 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 11.2Amend Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers and pass Ordinance 9692-23 on first reading. City Council salaries have not been increased other than annual minimal adjustments since 2000.The current salaries are $32,990.62 for the mayor and $27,492.40 for councilmembers. The council would like to increase the salaries to $49,000 for the mayor and $45,000 for councilmembers. Section 2.04 of the City Charter provides that an ordinance increasing council salaries must be approved at least six months prior to an election, and the next city election is scheduled for March 19, 2024. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109100-510200, Part Time Salaries, to fund this increase. One individual said the proposed salary increase is not enough to get good candidates. Ordinance 9692-23 was presented and read by title only. Councilmember Allbritton moved to Amend Section 2.263(1), Code of Ordinances, to increase the salaries of the mayor and councilmembers and pass Ordinance 9692-23 on first reading. The motion was duly seconded and upon roll call, the motion carried with the following vote: Page 23 City of Clearwater City Council Meeting Minutes July 20, 2023 Ayes: 3 - Mayor Aungst Sr., Councilmember Allbritton and Councilmember Teixeira Nays: 2 - Vice Mayor Bunker and Councilmember Beckman 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman welcomed Assistant City Manager Daniel Slaughter and thanked all staff who contributed to the grand reopening of Coachman Park. She said was incredibly proud of our employees. Vice Mayor Bunker said he enjoyed the Coachman Park grand opening events. It was incredible to see individuals enjoying themselves at the park. He said Moccasin Lake Nature Park is a wonderful place to visit. He supported an additional FTE to assist the one individual who runs the park. Councilmember Teixeira recalled the initial discussions held ten years ago regarding Coachman Park and downtown; many worked hard to make the grand reopening of Coachman Park a reality. She was overwhelmed with the individuals visiting and enjoying themselves at the park. Councilmember Allbritton welcomed Assistant City Manager Daniel Slaughter and thanked staff and all those who worked to make the dream of renovating Coachman Park a reality. 13. Closing Comments by Mayor 14. Adjourn Mayor Aungst, Sr. read an email he received from a individual who visited Coachman Park during the July 4th celebration and had a wonderful experience. He asked all to keep Marine Advisory board Member Wade Carlisle in their thoughts and prayers; Mr. Carlisle was admitted to Morton Plant and in critical condition. The meeting adjourned at 8:29 p.m. :'•r Attest City of Clea ater City of Clearwater CaII, Rosemarie From: Kathy Flaherty <kathyipad68@icloud.com> Sent: Tuesday, July 18, 2023 1:17 PM To: Aungst Sr, Brian; Beckman, Kathleen; Allbritton, David; Matthews, Jaye; Teixeira, Lina; Margolis, David; Gandy, Eric; Poirrier, Jennifer; Beckman, Kathleen; Bunker, Mark; Ravins, Jay; Kader, Art; Gardner, Richard; Delk, Michael; Clayton, Gina; Call, Rosemarie; City Council Subject: Irrigation System Replacement Please attach this email to the minutes of the July 20, 2023 meeting. I did not see any item on the agenda regarding the replacement of the Irrigation system at the Clearwater Golf Course. This needs to be discussed. The Golf course has been polluting the creek and thus the North Greenwood Community without care. As it has been established and acknowledged by Art that replacement of the irrigation system by the leasing company is not in the contract - he admitted to adding language to the contract - the City has to address this. You are responsible for replacement of the system as you own the system. This is your job. You can't just add terms to a contract. That is fraud. Two other issues that also need to be discussed - The fact that the City has been allowing the irrigation system to purposely dump reclaimed water into Stevenson Creek for decades. You only moved the pipes after I reported it to FDEP. Why was this allowed to continue for so long? The fact that the leasing company is in breach of the contract by not fulfilling its required capital improvement incentives explicitly detailed in the contract. In a records request Art said there were no records of completion but said everything had been completed and backed that statement up with an expense report from a CPA. The report showed that infact, very few of the incentives were completed as required, thus showing breach. The leasing company has been breaking the law and polluting for decades with no oversight. They put the City at risk for fines and lawsuits on top of polluting the creek and doing whatever they want to do with the City owned golf course. The City has no idea of what assets and the condition of those assets at the Golf Course - that is just plain dereliction. All City Managers and Directors overseeing the Golf Course contract should be fired for dereliction of their fiduciary duty and allowing the creek to be polluted without care. CaII, Rosemarie From: beth davis <beth.g.davis@gmail.com> Sent: Tuesday, July 18, 2023 10:20 AM To: ClearwaterCouncil Subject: FYI, evictions are on the rise 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. Hoping you will consider an eviction specialist to assist our residents and non profit collaboration to help people that face eviction from rent increases and more. This person could network for legal advice for our renters as well. https://wusfnews.wusf.usf.edu/local-state/2023-05-25/evictions- climbing-tampa-bay-region-clearwater-man-shares-story Thank you for all of your thinking and leadership to solve the many parts of homes and shelter for our families. Beth Davis 727 742 3797 CaII, Rosemarie From: Cheryl U <cherylu33755@gmail.com> Sent: Thursday, June 22, 2023 8:50 AM To: ClearwaterCouncil Subject: Short Term for Rent in Clearwater, Florida - Airbnb Attachments: Screenshot_20230622-084212.png 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. Have the short term rental regulations changed in the City? More and more are springing up, even seeing real estate advertised as "successful Airbnb". I attached the screenshot of a small portion of my area with lots of short term rentals. Seems lots of them park on lawns -- same as other long term renters around here. This is just one Airbnb in my neighborhood that I can identify as short term from out of state plates and multiple people coming and going: 1741 Greenhill Dr. https://www.airbnb.com/rooms/729910916825769467?adults=3&children=0&infants=0&location=Clearwater%20Beac h%2C%20Clearwater%2C%20FL&check in=2023-07-30&check out=2023-08- 04&source impression id=p3 1687437291 IIXIgbNS5AknxiU5&previous page section name=1001 1 cT mir $639 $b- $726 Union S $1,167 fatv,acl- LAKE ET TES Sunset Point Rd $1,164 co BRENTWOOD ESTATES $770 !U) $("` $1,048 g593 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME AUNGST SR., BRIAN, J. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CITY COUNCIL MAILING ADDRESS 600 CLEVELAND STREET, SUITE 600 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE ISAUNITOF: 1 CITY LICOUNTY 1:1OTHER LOCAL AGENCY CITY CLEARWATER COUNTY PINELLAS NAME OF POLITICAL SUBDIVISION: CITY OF CLEARWATER DATE ON WHICH VOTE OCCURRED 07/20/2023 MY POSITION IS: ❑ ELECTIVE d APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * • APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST BRIAN J. AUNGST, SR.hereby disclose that on JULY 20, 20 23 • (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, £ /2,A Al .5.. fiteN 6S % . inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Agenda Item #7.6 - Approve a Restrictive Covenant between the City of Clearwater and State of Florida, Department of State, Division of Arts and Culture to allow Ruth Eckerd Hall, Inc. to receive a Cultural Facilities Grant in the amount of $500,000. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 7/2/2? Date File Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2