10/05/2023 City Council Meeting Minutes October 5, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, October 5, 2023
6:00 PM
Pinellas County, 333 Chestnut Street, Palm Room, Clearwater, FL
33756
City Council
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City of Clearwater
City Council Meeting Minutes October 5, 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. Dr. Paul Means from Northwood 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 Domestic Violence Awareness Month Proclamation, October 2023 - Nick DiCeglie, CEO
Hope Villages of America
4.2 Manufacturing Month Proclamation, October 2023 - Johanna Velez, VP of Quality, Monin
and Beth Galic, Executive Director, Bay Area Manufacturers Association
4.3 National Hispanic Heritage Month Proclamation, September 15, 2023 - October 15,
2023 - Juan Baxcajay, President of the Federation of Hidalguenses in Florida and Javier
De la Vega Vargas, Vice-Consul for Community Affairs and Administration, Consulate of
Mexico in Orlando
4.4 United Way Month Proclamation - October 2023 - Trina Uy, United Way and City of
Clearwater United Way Liaisons: Tara Kivett and Marina Tsongranis
4.5 Public Natural Gas Week Proclamation, October 1-7, 2023 - Brian Langille, Clearwater
Gas System Director
4.6 Fire Prevention Week Proclamation, October 8-14, 2023 - James Warman, City of
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Clearwater Fire Marshall
5. Approval of Minutes
5.1 Approve the September 21, 2023 city council meeting minutes as submitted in written
summation by the City Clerk.
Councilmember Teixeira moved to approve the September 21, 2023
city council meeting minutes as submitted in written summation by
the City Clerk. The motion was duly seconded and carried
unanimously.
Public Hearings - Not before 6:00 PM
6. City Manager Reports
6.1 Authorize a purchase order to Tetra Tech, Inc. of Maitland, FL, for disaster debris
monitoring services as a result of Hurricane Idalia in an amount of$169,236.00 pursuant
to RFP 54-22, Disaster Recovery Consulting Services and authorize the appropriate
officials to execute same.
On February 2, 2023, Council approved an agreement with Tetra Tech, Inc. of
Maitland, Florida, for disaster debris monitoring and management services. At
that time, no funds were requested due to the uncertainty of what services and
funding would be needed.
Clearwater's Emergency Management Team requests the Council to establish
a purchase order for $169,236.00 to pay for the contractual services as noted in
Task Order No. 1 - Hurricane Idalia. The duration of work is from August 30,
2023 through August 30, 2024 unless extended by written agreement. The
focus of work will be on reimbursements for emergency protective measures,
eligible expenses, and management costs as outlined in the following tasks:
Task 1: Project Startup, Public Assistance Operational Planning Support
Task 2: Damage Intake Support
Task 3: Project Formulation
Task 4: Grant Management
Task 5: Closeout Support
The amount of$169,236.00 is based on the Consultant's current understanding
of the project requirements and best estimates of level of effort required to
perform the basic services, which may be subject to change upon mutual
agreement between the City and Consultant. If additional services are required
and the services will exceed the 10% City Manager is authorized to approve, an
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item will be brought back to Council for approval.
The expected reimbursement amount should greatly exceed the fees paid to the
Consultant.
APPROPRIATION CODE AND AMOUNT:
Funding for this purchase order is available in special program 181-99927,
Emergency Operations.
Councilmember Allbritton moved to authorize a purchase order to
Tetra Tech, Inc. of Maitland, FL, for disaster debris monitoring
services as a result of Hurricane Idalia in an amount of $169,236.00
pursuant to RFP 54-22, Disaster Recovery Consulting Services and
authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
6.2 Approve the Agreement for Services between the City of Clearwater and Tampa Bay
Psychology Associates, LLC for psychological and educational services for Clearwater
Fire and Rescue first responders, in a not to exceed amount of$80,000.000, during the
contract period October 1, 2023 through September 30, 2024, pursuant to Clearwater
Code of Ordinances Section 2.563(1)(f), Professional services not subject to CCNA, and
authorize the appropriate officials to execute same.
The mental health of firefighters/EMS responders has become an increasing
concern. The Clearwater Fire & Rescue Department (CFR) offers several
resources for mental health requests. However, Tampa Bay Psychology
Associates was recommended by the Clearwater Firefighters Association, IAFF
1158, and Clearwater Police Department for their influential, professional,
psychology services. Tampa Bay Psychology Associates, LLC, specializes in
the mental health treatment of public safety employees, unlike the short-term
general services provided by Cigna's EAP services. Tampa Bay Psychology
Associates is utilized by fire departments and law enforcement agencies within
the Tampa Bay region.
This agreement provides for the maintenance of a 24/7 resource telephone
number (for continual employee access, if needed for mental health concerns,
individual counseling services, mental health check-ins, fitness for duty
evaluations, pre-employment evaluations, employee wellness and safety
training, additional tailored training modules, and post-academy training.
In September 2022, City Council approved the initial agreement with Tampa Bay
Psychology services with Clearwater Fire & Rescue for September 1, 2022
through August 31, 2023. The City Manager approved the First Amendment to
Agreement for Services, which extended the services one month through
September 30, 2023.
This one-year agreement is effective October 1, 2023 and expires September
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30, 2024, and based upon the success of this partnership, CFR can negotiate
an extension of the agreement.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted in the proposed fiscal year 2023/24 operating budget in
CFR's cost code 0101220-530100 to fund this agreement.
Councilmember Beckman moved to approve the Agreement for
Services between the City of Clearwater and Tampa Bay
Psychology Associates, LLC for psychological and educational
services for Clearwater Fire and Rescue first responders, in a not to
exceed amount of $80,000.000, during the contract period October
1, 2023 through September 30, 2024, pursuant to Clearwater Code
of Ordinances Section 2.563(1)(f), Professional services not subject
to CCNA, and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
6.3 Approve the Fire Station 46 Funding Agreement between the City of Clearwater and
Pinellas County to provide funding to reimburse the City for the construction of new Fire
Station 46, in an amount up to $1,166,523.08, during the contract period concluding
September 30, 2024, pursuant to Florida Statutes Section 163.01, and authorize the
appropriate officials to execute same.
Clearwater Fire & Rescue (CFR) provides fire and emergency medical services
under contract with Pinellas County (County) for the City of Clearwater's (City)
area of unincorporated Pinellas County. The County agreed to enter into this
agreement to provide funding to reimburse the City in the construction of a new
fire station. The City is responsible for all aspects of land acquisition, design,
construction, operation, and future maintenance of the fire station facility.
Pinellas County's funding is derived from the millage rate levied on the City of
Clearwater property owners. The County agrees to fund the Fiscal Year (FY)
22-23 proportionate share of 11.27% throughout the project. The cost to the
County shall not exceed the proportionate share of the project cap of
$10,350,692.83. Funding to be disbursed to the City for FY22-23 is up to
$1,166,523.08.
The new fire station facility is located at the same location as the prior station;
however, the address was 534 Mandalay Ave., and is now 546 Mandalay Ave.,
Clearwater, FL 33767.
This agreement is effective the date approved and signed by the County through
September 30, 2024. This agreement requires that the City indemnify the
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County.
Vice Mayor Bunker moved to approve the Fire Station 46 Funding
Agreement between the City of Clearwater and Pinellas County to
provide funding to reimburse the City for the construction of new
Fire Station 46, in an amount up to $1,166,523.08, during the
contract period concluding September 30, 2024, pursuant to Florida
Statutes Section 163.01, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.4 Accept a Gas Utility Easement from Lake Valencia Homeowner's Association, Inc, for the
construction, installation, and maintenance of gas utility facilities on real property located
at Lake Valencia Boulevard W, Palm Harbor FL, 34684.
Lake Valencia Homeowner's Association (Grantor) has granted a non-exclusive
five-foot wide natural gas easement, on property located at Lake Valencia Blvd
W, Palm Harbor FL, 34684 (Parcel ID# 07-28-16-48833-005-0200) for the
installation of a natural gas distribution line. This line will serve residential
customer.
The easement grant is sufficient for the City to maintain and replace its facilities
as necessary in perpetuity, or until such time as the City determines to abandon
its use.
Councilmember Teixeira moved to accept a Gas Utility Easement
from Lake Valencia Homeowner's Association, Inc, for the
construction, installation, and maintenance of gas utility facilities on
real property located at Lake Valencia Boulevard W, Palm Harbor
FL, 34684. The motion was duly seconded and carried unanimously.
6.5 Declare as surplus for the purpose of sale Clearwater Gas System's propane operations
to include propane supply tanks; propane tank inventory; vehicles and operating
equipment; and all operating assets at each customer location and authorize disposition
through sale to the highest bidder through open market and authorize the appropriate
officials to execute same.
Clearwater Gas System (CGS) has operated a Propane business for over 30
years, separate from our natural gas distribution utility. CGS serves
approximately 2,000 residential and commercial propane customers, with
annual sales of approximately 430,000 gallons. The primary reason for entering
the propane business was to serve customers where we didn't have natural
gas infrastructure installed in the ground. This would allow CGS to add to its
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customer base, with the expectation once natural was extended to those areas
CGS would convert the customer over to natural gas.
In recent years, our propane operations have not netted a profit when evaluating
the propane section independently as a stand-alone entity. In February 2023,
CGS asked Council for direction on whether to sell or hold onto the propane
division. As a result, Council instructed CGS to hire a 3rd party consultant to
perform a business valuation to determine the overall value of the system. In
August 2023, staff held 1-on-1's with the Mayor& Council, to review the
valuation report and get additional direction.
Staff has provided a list of all the city-owned assets that need to be declared
surplus in order for CGS to issue an Invitation to Bid (ITB) for the sale of the
propane system. The assets at each customer location are expensed at the
time of installation, therefore, are not explicitly listed on the surplus asset list.
Councilmember Allbritton moved to declare as surplus for the
purpose of sale Clearwater Gas System's propane operations to
include propane supply tanks; propane tank inventory; vehicles
and operating equipment; and all operating assets at each
customer location and authorize disposition through sale to the
highest bidder through open market and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
6.6 Approve an Interlocal Agreement between Pinellas County and the City of Clearwater
regarding adopting anchoring limitation areas within the City of Clearwater and authorize
the appropriate officials to execute same.
Pursuant to Florida state law, Florida counties, not municipalities, have been
granted the exclusive right and authority to adopt anchoring limitation areas
(ALA) within its county borders. Florida Statute § 327.4108(2)(a) provides the
conditions for establishing an anchoring limitation area, including that a given
area must be less than 100 acres and adjacent to urban areas that have
residential docking facilities and significant recreational boating traffic. F.S. §
327.4108(2)(b) provides that a person may not anchor a vessel for more than
forty-five consecutive days in any six-month period within any anchoring
limitation area, subject to certain exceptions listed. F.S. § 327.4109(6), (7)
provide the remedies for non-compliance with F.S. § 327.4108(2)(b), including
civil penalties and vessel removal/impoundment.
The City of Clearwater has asked the county to establish an ALA within the
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city's jurisdiction and the county has agreed to do so. It is a 92-acre anchoring
limitation area within Mandalay Channel to the immediate northwest of Dolphin
Point. Within the proposed anchoring limitation area, live-aboard vessels, and
stored vessels-some of which may be at risk of becoming derelict
vessels-present serious navigational, aesthetic, and environmental concerns.
The county will seek the requisite permit from the Florida Wildlife Commission
(FWC) to establish the ALA within the city's jurisdiction.
Florida state law further provides that ALAs must be marked with permitted
signs and buoys. The city will bear all costs and responsibilities related to the
permitting, installation, monitoring and maintenance of these signs and buoys;
and the parties herein further agree that the City of Clearwater will, subject to
applicable statutory limitations, protect, defend, and indemnify the county
against any litigation stemming from the ALA.
The proposed anchoring limitation area satisfies the criteria in F.S. § 327.
4108(2) (a).
The County has requested that Clearwater indemnify, pay the cost of defense,
and hold harmless the County from and against any and all damages, lawsuits
or expense of litigation arising out of or related to establishing and maintaining
the ALA. Within the ALA there are several parcels of submerged land that are
either owned or claimed to be owned by private citizens which could lead to a
dispute over the ALA boundaries at a later date regarding such issues as the
location of the signs, buoys or other markers used to identify the prohibited
area.
Councilmember Beckman moved to approve an Interlocal
Agreement between Pinellas County and the City of Clearwater
regarding adopting anchoring limitation areas within the City of
Clearwater and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
6.7 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its
capacity as agent for the owner of the premises known as Countryside Mall, located at
27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police
Department for the purpose of hosting a Shred-A-Thou and Operation Medicine Cabinet
event on October 28, 2023, located at the Countryside Mall and authorize the appropriate
officials to execute same.
Jones Lang LaSalle Americas, Inc and the Clearwater Police Department have
entered into a cooperative agreement to allow the police department access to
use the property at Countryside Mall during the Shred-A-Thou and Operation
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Medicine Cabinet event on October 28, 2023.
The property manager requests the Clearwater Police Department (CPD) agree
to the terms and conditions outlined in the Event License Agreement between
Jones Lang LaSalle Americas, Inc., and CPD. Additionally, the property
manager requests CPD hold harmless Jones Lang LaSalle Americas, Inc. 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 Event License Agreement.
Vice Mayor Bunker moved to approve an Event License Agreement
between Jones Lang LaSalle Americas, Inc, in its capacity as agent
for the owner of the premises known as Countryside Mall, located at
27001 US Highway 19 North, Clearwater, Florida, and the City of
Clearwater Police Department for the purpose of hosting a
Shred-A-Thon and Operation Medicine Cabinet event on October 28,
2023, located at the Countryside Mall and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
6.8 Approve a Purchase Order to Ferguson Enterprises, LLC of Tampa, FL for Neptune
Ultrasonic Meters in the not-to-exceed amount of$150,000.00, for the term September
22, 2023 through August 19, 2024, pursuant to Clearwater Code of Ordinances Section
2.563(1)(d) Impractical and authorize the appropriate officials to execute same.
Neptune Ultrasonic Meters are standardized in the City of Clearwater water
distribution system, capturing water consumption for both residential and
commercial properties applications. Ultrasonic meters are excellent at lower
flow measurement having benefits for the city and city customers, while
measuring water flow rates accurately at higher usage.
Standardization of the ultrasonic water meters creates a cost saving benefit
from an operational and maintenance standpoint such as no moving parts, low
training and maintenance requirements, digital and analog options and having
highly accurate reading capabilities. Standardization also reduces the required
cost from stocking of part inventory. Pricing is based off Manatee County's
agreement no. 19-RO72004CB valid through August 19, 2024.
APPROPRIATION CODE AND AMOUNT:
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Budgeted funds are available in Public Utilities operating cost centers, cost
code 550400 Operating Supplies & Materials to cover the cost of the contract
for FY23.
Future fiscal year budgets will include funding for these expenses.
In response to questions, Public Utilities Director Rich Gardner said the
contract amount can buy approximately 200 to 250 meters. The
Department is trying to install the meters on a ten-year cycle. Staff
compares the cost based on what is available in the market and
piggyback on an approved contract when able. He said there are cheaper
meters but it would cost more because staff would have to be trained on
how to maintain the meters. He said the meters being purchased do not
have any moving parts and include a battery which is good for ten years.
These meters are not automated readers. He said the meters are read
monthly, if staff is unable to read the meter, an estimated flow is provided.
Councilmember Teixeira moved to approve a Purchase Order to
Ferguson Enterprises, LLC of Tampa, FL for Neptune Ultrasonic
Meters in the not-to-exceed amount of $150,000.00, for the term
September 22, 2023 through August 19, 2024, pursuant to
Clearwater Code of Ordinances Section 2.563(1)(d) Impractical and
authorize the appropriate officials to execute same. The motion was
duly seconded and carried unanimously.
6.9 Approve a purchase order to Control Technologies, of Sanford, FL, for Pedestrian
Warning Devices in the amount $121,830.40 pursuant to Clearwater Code of Ordinances
Section 2.563 (1)(C), Piggyback on other Governmental Entity, and authorize the
appropriate officials to execute same.
The City of Clearwater endorses the Safe Streets Pinellas Action Plan fostering
a safe and healthy community through first-class public safety in an effort
towards zero traffic-related deaths by 2045. A systematic approach is to deploy
a V21 Pedestrian Warning system connected vehicle technology to improve
pedestrian safety. Connected vehicle technology will provide notifications to
drivers that pedestrians are present along a portion of the ALT19 corridor in city
limits, from Cleveland St. to Belleair Rd.
March 16, 2023, City Council approved a Joint Participation Agreement (JPA)
with Florida Department of Transportation (FDOT) for the implementation of
V21 Pedestrian Warning system connected vehicle project on Alt 19
(23-0006-EN), in the amount of$452,000 of which $361,600 is to be
reimbursed by FDOT. The proposed ped warning devices will be reimbursed
by FDOT at 80%, hence city actual cost is $24,366.08.
Control Technologies will provide video analytic detection systems, installed at
the following intersections:
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1. Alt US 19/ Myrtle Avenue and Chestnut Street
2. Alt US 19/ Myrtle Avenue and Court Street
3. Alt US 19/ Myrtle Avenue and Cleveland Street
4. Alt US 19/ Court Street and MLK Jr Avenue
5. Alt US 19/ Missouri Avenue and Belleair Road
6. Alt US 19/ Missouri Avenue and Lakeland Road
7. Alt US 19/ Missouri Avenue and Clearwater Plaza Drive
8. Alt US 19/ Missouri Avenue and Druid Road
9. Alt US 19/ Missouri Avenue and Court Street
Control Technologies was selected piggybacking on Georgia Department of
Transportation contract 48400-DOT0002307 which began April 5, 2023 and
expires April 4, 2024.
APPROPRIATION CODE AND AMOUNT:
3557335-564000-G2211 $121,830.40
Funds are available in Capital Improvement Project 355-G2211, ARPA Fiber
Optics, to fund this purchase order.
Councilmember Allbritton moved to approve a purchase order to
Control Technologies, of Sanford, FL, for Pedestrian Warning
Devices in the amount $121,830.40 pursuant to Clearwater Code of
Ordinances Section 2.563 (1)(C), Piggyback on other Governmental
Entity, and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
6.10Declare as surplus and approve the donation of property as an uneconomic remainder for
two parcels of real property as recorded in O.R. Book/Pages 3308/514 and 6275/724
and located at 110 North McMullen Booth Road, in Pinellas County, Florida.
The City by deed on July 9, 1986 and March 23, 1970 received ownership of two
parcels.
On August 3, 2023 these parcels were appraised Seventeen Thousand
$17,000.00 dollars.
The cost to relocate installed city utilities far exceeds their current and
appreciable future value.
Said parcels are currently ROW and extremely limited by their dimensions to
develop.
These parcels require monthly maintenance having no public facilities on a
dead-end road.
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Said parcels are located 639 feet west of any public access within a private
development.
These parcels are without fencing or barricades exposing the City to insurance
liability.
All existing utility easements will be Deed reserved with release upon approved
relocation.
City staff has reviewed and approved.
The Mayor recused himself and departed chambers at 6:36 p.m.
Discussion ensued with a concern expressed with the City donating
property for a private entity's benefit.
The City Attorney sad the agenda item contemplates the donation but
Council may amend the item to approve the surplus declaration, without
approving the donation.
In response to questions, Real estate Services Coordinator Robert Kasmer
said there are three utility lines within these parcels, to remove each line
would cost approximately$80,000, for a total of$240,000. The property
owner would be responsible for maintaining the lines by easement. He said
the subject property was valued at$17,000. The City Manager said the City
has not donated land outside of affordable housing. Mr. Kasmer said the
adjoining property owner has privilege and right to purchase the property.
Applicant Representative Clay Gilman of MacFarlane, Ferguson, and
McMullen reviewed the request and said the City cannot do anything except
to extend the right-of-way further west. There is no intention to move the
water lines or the sewer lines. He said it is a small strip and there is not
much one can do with the strip of land. The Church has been seeking this
request for two years to begin this project.
One individual expressed concern with the precedent created by
donating land to the church.
One individual spoke in support.
Councilmember Beckman moved to table Item 6.10. The motion failed
for lack of a second.
Discussion ensued with consensus to approve the declaration of surplus and
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consider the donation at a later date. It was suggested that staff negotiate a
price for the property being donated.
The City Attorney said staff can contact the Property Appraiser and confirm if
the property is taxable.
Councilmember Allbritton moved to declare surplus and approve
the donation at a later date. The motion was duly seconded and carried
unanimously.
The Mayor returned to chambers at 7:09 p.m.
6.11Authorize a purchase order to J and F Petroleum Group of Morrisville, NC for the
installation of two 15,000-gallon aboveground tanks and associated piping and
dispensers in a not-to-exceed amount of$914,139.55 pursuant to Clearwater Code of
Ordinances Section 2.563 (1)(c), Piggyback or cooperative purchasing, and authorize the
appropriate officials to execute same.
The Solid Waste Fuel Site has three 12,000-gallon underground fuel tanks that
contain diesel and gasoline that provide fuel to the City's fleet of vehicles.
These tanks and many of the underground components and other
appurtenances were installed in 1996.
The generally accepted life expectancy of underground fuel tanks is about 30
years. As the tank system has aged, staff has encountered numerous
problems and many components have become obsolete.
This project will include closing the underground tanks by filling them with foam.
They will then install two 15,000-gallon aboveground tanks and the associated
concrete slabs, piping and dispensers. The new tank system will tie into our
existing fuel management system.
Requesting authorization to piggyback Sourcewell Contract No. 092920-JFA
(State of Minnesota) valid through December 7, 2024. The current estimated
schedule is about 45 weeks to complete once staff gives the notice to proceed.
Much of this is the manufacturing time needed to fabricate the tanks. Use of
non-Sourcewell pricing from the same company would have resulted in a higher
total cost.
While the fuel site is down for approximately 5-6 weeks during construction city
staff will use the WEX Fuel cards to obtain fuel for city vehicles and or
equipment.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital project 366-C2305, Fuel
Site Replacement; provide a transfer of$852,370 of Garage Fund revenues
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from project C1901, Beach Radio Tower; and a transfer of$147,630 from
Garage Fund reserves to fund this purchase and create additional project
contingency.
USE OF RESERVE FUNDS:
Funding for this project will be provided by first quarter budget amendment
allocating Garage Fund reserves in the amount of$147,630 to capital
improvement project C2305, Fuel Site Replacement. The remaining balance of
Garage Fund reserves after 25% working capital reserves is approximately $8.9
million or 46% of the Garage Fund operating budget.
Vice Mayor Bunker moved to authorize a purchase order to J
and F Petroleum Group of Morrisville, NC for the installation of two
15,000-gallon aboveground tanks and associated piping and
dispensers in a not-to-exceed amount of $914,139.55 pursuant to
Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback or
cooperative purchasing, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.12Approve the 2024 City Council Meeting Schedule.
Per City Council Rule 1, Scheduling Council Meetings/Work Session Agendas,
city council meetings are at 6:00 p.m. on the first and third Thursday of each
month. The accompanying work sessions are at 1:30 p.m. on the preceding
Monday, unless the Monday is a holiday, in which case the work session is on
Tuesday. No meetings are held the first Thursday in January and July and the
third Thursday in December.
Staff has identified the following conflicts:
1. Passover next year takes place Monday, April 22 through Tuesday, April
30, conflicting with the April 29 work session. Staff recommends a
council meeting only on Thursday, May 2.
2. To accommodate Jazz Holiday (October 17 -20), staff recommends
moving the Thursday, October 17 council meeting to Wednesday,
October 16.
3. To accommodate City Council Rule 1, staff is recommending moving
the Thursday, December 19 council meeting to Wednesday, December
18 (no work session on Monday, December 16).
In addition, staff is proposing two special work sessions:1) January 10 for a
citywide housing educational workshop and 2) January 30 for the annual
strategic planning session.
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Councilmember Teixeira moved to approve the 2024 City Council
Meeting Schedule. The motion was duly seconded and carried
unanimously.
7. Citizens to be heard re items not on the agenda - For purposes of this role,
"items pertaining to city business" includes any matter within the Council's or the
City Manager's power to act, any matter that the Council previously voted on or
discussed at the dais, or any matter discussed by or scheduled to be considered by
another governmental entity that affects the operation of the City. Each person who
wishes to address the Council shall complete a comment card and submit the card
to the City Clerk (right-hand side of dais) before the speaker will be permitted to
speak. However, if the speaker has just arrived or decided to speak, the Chair may
allow the card to be filled out after speaking. Individuals will limit their comments to
a maximum of three minutes. The Mayor shall advise the speaker that their time has
expired. If the person remains at the podium, thereby interfering with other persons
who may wish to be heard, the speaker's microphone may be turned off, or the
Mayor may rule the person out of order in accordance with Rule 15.
Tony Teller expressed concerns with the permitting process a new
business must complete in order to open its doors to the community.
Mr. Holuba stated his First Amendment rights were violated at a recent
council meeting.
Cal Tiger said he knows of an investor from Canada who is interested in
bringing his business to Clearwater and requested assistance to connect
the individual with the proper staff.
Tori Walker reviewed the disaster and case management services
available at Saint Vincent de Paul.
Frank Dixon expressed concerns with ten or more individuals not being
able to gather at Cherry Harris Park without paying a rental fee.
Fred Beyer declared himself an internet prankster.
Raymond Stuart said the individuals who organize events at Cherry
Harris Park pay the required fees and expressed concerns that it is
difficult to do business in Clearwater.
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Patrick Raftery congratulated staff for the tree canopy brochure and
supported the process outlined to notify the property owner and
encouraged all residents to get to know the seven candidates running for
office.
Bill Jonson requested individuals speak closer to the mic, as it is difficult
to hear.
Chris Michalek expressed concerns that Decade Properties has not
fulfilled the requirements outlined in the development order for the Chart
House project, that the development agreement is null and void, and
Decade Properties should be instructed to restart the process.
8. City Attorney Reports — None.
9. Other Council Action
9.1 Charter Review Committee Process and Timeline - Councilmember Beckman
The City Attorney said the Charter Review Committee is an advisory
committee appointed by Council. The current Committee is comprised
of 11 members. Per the city charter, the purpose of the Committee is to
meet at least every five years, to review the existing city charter, and to
make recommendations for changes. He said there are a wide number of
policy proposals that are either not permissible in the charter because
the city is preempted by state law or it is unconstitutional. Or, there are
provisions that could go in the city charter but are highly unorthodox to
include in the City's constitution, such as items that would typically be
included in council rules or ordinances. The Committee meets in the
year preceding the election and is subject to the Sunshine Law.
A concern was expressed that the Committee has not completed its work
and Council did not approach the Committee to seek input regarding the
City's election system.
In response to a question, the City Clerk said typically appointments to
the Charter Review Committee are done in January. The Committee
meets from February through September. She said the current
Committee will be reviewing their motions made to date at their next
meeting and at the following meeting they will vote on their final report.
The Committee will present their report at the November 2, 2023 council
meeting.
Page 16
City of Clearwater
City Council Meeting Minutes October 5, 2023
Discussion ensued with comments made that the Committee's work is
appreciated, that Council can disagree with the Committee and, that
instituting a run-off election system has been raised in the past and now
is the time for the electors to decide.
In response to questions, the City Attorney said copies of the motions
taken by the Committee are attached to the agenda item. The Committee
discussed runoffs and the timing of elections and the motion to create a
runoff system failed. He said the Committee voted to keep the current
voting system. He said changing the election system is complex and he
wanted to make sure Council had sufficient time to consider an ordinance
to place a referendum question on the March ballot. The City Clerk said
the ballot language deadline is December 19, 2023. Since the ballot
questions must be translated prior to December 19, Council must hear
and adopt the ballot questions in November, with December 7 as the
latest adoption date.
9.2 City Manager Evaluation
AND
9.3 City Attorney Evaluation
Councilmembers provided their evaluations of the City Manager and City
Attorney.
10. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Allbritton reviewed PISA history and recent activities and
said it provides 9.4 million rides annually. He and Michael Delk are meeting
with PSTA CEO Brad Miller on October 18, 2023 regarding the multi-modal
center. He said he is happy to be involved with PSTA and that there are a lot
of good things happening.
Vice Mayor Bunker said the owner of Nash Keys spoke under Citizens to Be
Heard and raised a valid point regarding the red tape to open his business in
Clearwater. He said he watched a YouTube video "Growing Up in
Scientology" where a female auditor was told by another member that when
traveling for work around the world for Scientology, he would stay with
members in their home instead of staying in a hotel and he admitted to
molesting the children in the home where he stayed. The auditor reported
the individual to management who did not report him to the police. They
wanted her to continue to audit the member to help him get better. He said
Scientology won't report a molester but will call the police if someone speaks
out against the organization.
Page 17
City of Clearwater
City Council
Meeting Minutes October 5, 2023
11. Closing Comments by Mayor
Mayor Aungst reviewed recent events. He said he spoke to the parents of
the two students that were stabbed at Countryside High School last month.
One of the students had some serious injuries and both students are back in
school.
12. Adjourn
Attest
The meeting adjourned at 9:06 p.m.
May
City of Clea er
Page 18
City of Clearwater
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME
AUNGST, SR. - BRIAN
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
CITY COUNCIL
MAILING ADDRESS
600 CLEVELAND ST, SUITE 600
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICHISERVEISAUNITOF:
Il CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY
CLEARWATER
COUNTY
PINELLAS
NAME OF POLITICAL SUBDIVISION:
CITY OF CLEARWATER
DATE ON WHICH VOTE OCCURRED
10/5/2023
MY POSITION IS: 0 ELECTIVE APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of govemment 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 Toss. 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 AUNGST, SR.hereby disclose that on OCTOBER 5, 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,
7' inured to the special gain or loss of my relative, /3/ZMM.J l /l)6s r ,T2
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:
Re Item 6.10 - Declare as surplus and approve the donation of property as an uneconomic remainder for two
parcels of real property as recorded in O.R. Book/Pages 3308/514 and 6275/724 and located at 110 North
McMullen Booth Road, in Pinellas County, Florida.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules goveming 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.
/ 2 ek 3
Date Filed
Signature
4,9A_
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