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11/02/2023 City Council Meeting Minutes November 2, 2023 City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e P y 1 4 Meeting Minutes Thursday, November 2, 2023 6:00 PM Pinellas County, 333 Chestnut Street, Palm Room, Clearwater, FL 33756 City Council Page 1 City of Clearwater City Council Meeting Minutes November 2, 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 The meeting was called to order at 6:00 p.m. 2. Invocation 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 National Veterans Small Business Week Proclamation, October 30, 2023 - Nov. 3, 2023 Christopher Odgers, Legislative Affairs Chair for the State Board and Tampa Bay Chapter of the Florida Association of Veteran Owned Businesses 4.2 Suncoast Jazz Festival Weekend Proclamation, November 17 - 19, 2023 - Joan Dragon, Suncoast Jazz Festival, Exec. Director 4.3 2023 Charter Review Committee Final Report - Chair Nathan Hightower Chair Hightower presented the Committee's Final Report. He recognized the Committee Members in attendance and thanked them and staff for their support. Committee Member Karen Cunningham said the first few discussions the Committee had related to Council's recommended topics. Vice Chair Bill Jonson said the process was a great example of a Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 committee working together. The Committee believed expanding council would allow the additional members to pick up regional boards, which require a lot of time. Since Council must operate in the Sunshine, the Committee recommended Council institute quarterly discussions to talk about how things are going and confirm all councilmembers are receiving the same communication from staff. In response to questions, Chair Hightower said the Committee did not discuss strong mayor form of government. The proposed preamble captured the essence of the City's charge and governance. The City Attorney said if direction is given tonight, there is sufficient time to meet the March ballot deadline. If direction is not given tonight, there will be one more opportunity. He said Council can always call fora special election at any time. There was council consensus to disband the Committee. Staff was directed to create an agenda item for the next meeting. 4.4 State of the City -Jennifer Poirrier, City Manager The City Manager provided a PowerPoint presentation. 5. Approval of Minutes 5.1 Approve the minutes of the October 18, 2023 city council meeting as submitted in written summation by the City Clerk. Councilmember Teixeira moved to approve the minutes of the October 18, 2023 city council meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5.2 Approve the October 2, 2023 special city council meeting minutes as submitted in written summation by the City Clerk. Councilmember Allbritton moved to approve the October 2, 2023 special city council meeting minutes as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Consent Agenda — Approved as submitted, less Item 6.9. 6.1 Approve the collective bargaining agreement as negotiated between the City of Clearwater and Communication Workers of America, Local 3179 (CWA), from October Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 1, 2023 through September 30, 2026 and authorize the appropriate officials to execute same. (consent) 6.2 Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas Park Florida, for renovations and structural repairs at BayCare Ballpark in the amount of $1,344,526.45; transfer$600,000.00 of Penny for Pinellas Funds at first quarter from C2001-Athletic Fields and Facility Renovations to M2204-Carpenter and Baycare Repair and Replacement, and authorize the appropriate officials to execute same (consent) 6.3 Approve purchase orders to multiple vendors forthe acquisition of library books and materials in the cumulative not-to-exceed amount of $490,000.00, forthe term October 1 , 2023 through September 30, 2024, pursuant to Clearwater Code of Ordinance Section 2.563(1)(c), Piggyback and cooperative purchases, and authorize the appropriate officials to execute same (consent). 6.4 Authorize a purchase orderto Azteca Systems Holdings, LLC dba Azteca Systems, LLC (Azteca) of Sandy, UTfor computerized maintenance and management system (CMMS) software in the amount of $390,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or cooperative purchasing, and authorize the appropriate officials to execute same. (consent) 6.5 Approve a contract with Black and Veatch of Overland Park, KS for project management and software implementation services in support of a computerized maintenance management system (CMMS) for Public Utilities and on-going configuration maintenance and support fora three-year term, beginning November 1, 2023 through October 31, 2026, in the not to exceed amount of $1,987,209.00 pursuant to RFP 36-23 and authorize the appropriate officials to execute same. (consent) 6.6 Approve an agreement with Noverant, Inc. of Raleigh, NC, fora learning management system (LMS) application and content subscription in the amount of$316,680.00 fora three-yearterm, November 2, 2023 through November 1 , 2026, pursuantto Requestfor Proposals (RFP) 32-23 Learning Management System and authorize the appropriate officials to execute same. (consent) 6.7 Approve an increase to Pinellas County forthe Joint Project Agreement(JPA) 001034A between Pinellas County and the City of Clearwaterfor the Reclaimed Water Pipe Repair on Old Coachman Rd., Project 17-0056-UT in the amount of $87,897.48 for a new project total of$594,480.48 and authorize the appropriate officials to execute same. (consent) 6.8 Authorize purchase orders to Advanced Environmental Laboratories, Inc. of Tampa, FL and Pace Analytical Services, LLC of Ormond Beach, FL in a cumulative annual not-to-exceed amount of $700,000.00 with the option for three, one-year renewals pursuantto ITB 52-23, Laboratory Services, and authorize the appropriate officials to execute same. (consent) Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 6.9 Authorize purchase orders to multiple vendors forth purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,700,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) See below. 6.10Approve purchase order to Communications International of Vero Beach, FL for the maintenance and repair of the citywide two-way radio communication system and equipment in the amount of$184,002.00 for term October 1, 2023, through September 30, 2024, pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single Source and authorize the appropriate officials to execute same. (consent). 6.11 Reappoint Meg Taylor to the Nuisance Abatement Board with a term to expire September 1, 2027. (consent) 6.12Appoint Melinda Bacon to the Sister Cities Advisory Board, as the Clearwater Arts Alliance representative, with a term to expire October 31, 2027. (consent) 6.13Reappoint Charles Engel to the Municipal Code Enforcement Board with a term to expire October 31, 2026. (consent) 6.14Approve the Third Amendment to Contractfor Purchase of Real Property, extending the due diligence period regarding Gotham and DeNunzio's purchase of the old City Hall site, and authorize the appropriate officials to execute same. (consent) Councilmember Beckman moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 6.9Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of $1,700,000.00 for term October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) The Fleet Division is requesting authorization to purchase vehicle parts from Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 various vendors for heavy and light duty city vehicles and equipment. Vendors are as follows: Agility Fuel Systems; Altec Industries Inc; Amazon; American CNG; Atmax (Mowermax); Autoway Parts Center; Bay Area Auto Truck Sales dba Kenworth of Central Florida; Bill Curie Ford; Bobcat (Mascap Dealer Holdings LLC); Broyhill; Chic-1 AC Plus; Container Systems; Cookson Enterprises; Cummins; Cycle Springs/ Team Savage; Dayton Andrews; DHS; Dimmitt; E & N Distributing; EFE Inc dba Everglades Farm Equipment; Embankscape Equipment LLC; Environmental Products Group INC; Equipmentshare.com Inc; Fleet Asquisitions LLC dba Fleet Products; Fleet Pride; Genuine Parts CO - NAPA; Grainger; H Barber; Kussmaul; Maher Chevrolet; McNeilus Financial LLC; Mynatt Truck & Equipment; Onesource Parts LLC; Original Equipment Company; Pats Pump and Blower; PB Parent HoldCo, LP; RDK Assets; Ring Power Corporation; Rush Truck; Smith Equipment; Southern Sewer Equipment Sales; Southport Truck; Stewart& Stevenson FDDA LLC; Sun State International Trucks LLC; Tampa Crane & Body Acquisition LLC; Tampa Spring Company; Ten-8; TPH Acquisition LLLP (The Parts House); Vermeer Southeast Sales & Service Inc; Walker Ford; Wastebuilt; Wesco. Request to add additional vendors as needed is also requested following the proper procurement process. Purchases will be obtained through various methods to include single source, micro purchases, small dollar purchases and piggyback contracts. The list of vendors with their procurement method is attached. Piggyback contracts include City of St. Petersburg RFP No. 7522, Automotive Parts valid through September 30, 2025, and Hillsborough County Contract 20204-DST-KJ valid thru March 9, 2024, with two additional one year renewals. Authorization is requested to add additional piggyback contracts as needed throughout the year which will be vetted through the Procurement Division. Pricing for piggyback contracts is included for all Vendors with an expected annual expenditure exceeding $50,000. Additional pricing is available upon request for all Vendors expected not to exceed $50,000 annually. Single source vendors are Atmax (Mowermax), Broyhill, Cummins, Environmental Products Group INC, H Barber, Ten-8, and Wesco. Single source is being requested because the parts for the heavy and light duty city vehicles and equipment can only be obtained directly from that manufacturer or authorized representative. For instance, Cummins parts can only be obtained from Cummins Inc., MowerMax parts can only be obtained from the manufacturer Atmax, and so forth. In addition, the Fleet Division is requesting approval to engage additional vendors as needed in accordance to Code Section 2.561(5) with the Procurement Division providing oversite. Competitive quotes will be obtained and no one vendor will exceed $50,000 in a fiscal year. Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 5666611-550600, vehicle parts, to fund these purchases. STRATEGIC PRIORITY: These purchases help accomplish strategic objective 1.2. Fleet division operators maintain public infrastructure to deliver effective and efficient services by optimizing City assets and resources. One individual spoke in opposition. Vice Mayor Bunker moved to approve Item 6.9. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 Adopt Ordinance 9706-23 on second reading, annexing certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, togetherwith all unincorporated right-of-way of Kentucky Avenue and an unnamed alley, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Mayor Aungst recused himself for Items 7.1 through 7.3 and departed chambers at 7:24 p.m. Ordinance 9706-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9706-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, CouncilmemberAllbritton, Councilmember Beckman and Councilmember Teixeira Recused: 1 - Mayor .Au ngst Sr. 7.2 Adopt Ordinance No. 9707-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to change the land use for certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, together with an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, from Residential Urban (RU) Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 (in Pinellas County)to Institutional (1), upon annexation into the City of Clearwater. Ordinance 9707-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9707-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, CouncilmemberAllbritton, Councilmember Beckman and Cou n cil member Teixeira Recused: 1 - Mayor .Au ngst Sr. 7.3 Adopt Ordinance No. 9708-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 210 Meadow Lark Lane, Clearwater, Florida 33759, togetherwith an unaddressed parcel located on the west side of Meadow Lark Lane approximately 760 feet north of Gulf to Bay Boulevard, from R-3, Single Family Residential (in Pinellas County)to Institutional (1) upon annexation into the City of Clearwater. Ordinance 9708-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9708-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Vice Mayor Bunker, CouncilmemberAllbritton, Councilmember Beckman and Cou n cil member Teixeira Recused: 1 - Mayor .Au ngst Sr. 7.4 Adopt Ordinance 9709-23 on second reading, annexing certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, togetherwith all unincorporated right-of-way of Downing Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Mayor Aungst, Sr. entered Chambers at 7:28 p.m. Ordinance 9709-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9709-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 Ayes: 5 - Mayor Aungst Sr., Vice Mayor Bunker, Councilmember Allbritton, Councilmember Beckman and Councilmember Teixeira 7.5 Adopt Ordinance No. 9710-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 9710-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9710-23 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 7.6 Adopt Ordinance No. 9711-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 3121 Downing Street, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9711-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9711-23 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 7.7 Adopt Ordinance No. 9712-23 on second reading, amending Community Development Code Articles 3 and 4, Appendix B, and Appendix C to comply with Senate Bill 250: Natural Emergencies. Ordinance 9712-23 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9712-23 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 Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 7.8 Adopt Ordinance 9718-23 on second reading, annexing certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9718-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9718-23 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 7.9 Adopt Ordinance No. 9719-23 on second reading, amending the future land use plan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9719-23 was presented and read by title only. Councilmember Teixeira moved to adopt Ordinance 9719-23 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 7.10Adopt Ordinance No. 9720-23 on second reading, amending the Zoning Atlas of the City by rezoning certain real property whose post office address is 2713 State Road 590, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9720-23 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9720-23 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 7.11 Adopt Ordinance No. 9728-23 on second reading, proposing an amendment to the City Charter, changing the date of Clearwater's municipal election, beginning in 2026, to Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 coincide with state and federal primary elections, creating a run-off election for each seat in which no candidate receives more than fifty percent of the vote in the municipal election, and modifying the dates for candidate qualification, commencement and expiration of office and other time periods as necessary. Ordinance 9728-23 was presented and read by title only. Vice Mayor Bunker moved to adopt Ordinance 9728-23 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Aungst Sr., Vice Mayor Bunker, CouncilmemberAllbritton and Cou n ci l member Teixeira Nays: 1 - Councilmember Beckman 8. 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, Mr. Holuba expressed concerns regarding the Clearwater Police Department and urged the Mayor to respect everyone's First Amendment rights. Mike Taylor recalled an incident he experienced with Clearwater Police Officers and expressed concerns with a homeless veteran being trespassed from city property for holding a sign saying "God Bless Homeless Vets." Andre Johnson said he filed a civil suit against two city employees for their involvement in hindering his employment and expressed concerns with the City Attorney representing city employees. Javante Scott said he conducted a feasibility study regarding hybrid work Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 and said, based on the cost benefit analysis, it would be worthwhile if the City looks into it. He thanked city staff for their assistance. Chris Michalek submitted an email regarding Decade Properties, Inc.'s construction permit application (seepage 18). 9. City Manager Reports 9.1 Approve Second Amendment to Sublease Agreement (Sublease Number 4799-002) providing to AMPLIFY Clearwater, as Sublessee, an amount not to exceed $250,000 for interior improvements to the property located at 3204 Gulf to Bay Boulevard and authorize the appropriate officials to execute same. Approve Second Amendment to Sublease Agreement (Sublease Number 4799-002) providing to AMPLIFY Clearwater as Sublessee an amount not to exceed $250,000 for interior improvements to the property located at 3204 Gulf to Bay Blvd. Staff reviewed the proposed improvements and recommends approval of the $250,000 grant funding request based on the following: 1. The Visitor Center is located in a high traffic area at the eastern-most entrance to the city and will serve as the welcome and visitor information center for travelers entering the city from the east. This will serve as the only Visitor Center on the mainland of Clearwater. 2. The location is designated as a trailhead for Courtney Campbell Causeway Trail, will serve nearby Coopers Point Nature Park, and will provide easy connectivity to other hiking and biking trails including Ream Wilson Trail. The activation of the Visitor Center and other (future) trailhead improvements supports the city's goal of Environmental Stewardship (Objective 4.4). 3. Upon completion of the project, the Visitor Center will encourage local patronage thereby boosting the local economy, and will endeavor to transform tourists into return visitors, residents, and employees. 4. Funding for all operating costs will be the responsibility of AMPLIFY Clearwater. Upon approval, AMPLIFY Clearwater will seek grants and other sources of funding from community partners and businesses to support interactive exhibits, sustainable and energy efficient design and technologies, and long-term operational sustainability. 5. The improvements to the facility are reasonable, providing necessary modernization to the space. 6. AM PLI FY Clearwater will collaborate with the city's Parks & Recreation department for future exterior improvements associated with the Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 trailhead capital improvements. Economic Development & Housing Dept will oversee the project as described in this Second Amendment and will authorize release funding distributions as described. Parks & Recreation Department will continue to oversee all other aspects of the Sublease Agreement. Background: August 16, 2017 - The city of Clearwater entered into a 50-year lease for the property located at 3204 Gulf to Bay Blvd. Owned by the state of Florida and offered for lease by the Bureau of Public Land Administration, Division of State Lands in Department of Environmental Protection, this 1.576 +/- acres property includes a 2-story building (approximately 4,310 SF). May 7, 2019- The Greater Regional Chamber of Commerce entered into a 10-year sublease agreement with the city of Clearwater for the establishment and operation of a welcome center and trail restroom facility on the 1 st floor of the building. September 15, 2021 - Amendment Number One was executed, revising the sublease term to a period of 30 years and ending on May 6, 2049. Strategic Objectives: 2.3 - Promote Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. [Visitor Center] 4.4 - Develop accessible and active transportation networks that enhance pedestrian safety and reduce citywide greenhouse gas emissions. [Trailhead] APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase Parks and Recreation cost code 0101801-581000, Payment to Agencies to fund this agreement. USE OF RESERVE FUNDS: Funding for this contract will be provided by a first quarter budget amendment allocating General Fund reserves in the amount of $250,000 to Parks and Recreation cost code 0101801-581000, Payment to Agencies. A net total of $250,000 of General Fund reserves has been used to date to fund expenditures in the 2023/24 operating budget. The remaining balance in General Fund reserves after the 8.5% reserve is approximately $30.5 million, or 15.3% of the current General Fund operating budget. STRATEGIC PRIORITY: In response to questions, Economic Development and Housing Director Denise Sanderson said Parks and Recreation approached the State to Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 acquire control of the property to use as a trailhead facility. Amplify has not paid any insurance because they have not occupied the facility and there are no operating costs. Amplify's application with the county for Penny4 funds was withdrawn because the facility was no longer going to be used as an incubator, which was a qualifying condition. As a trailhead facility, it is mutually desired that the site be accessible, safe, and pleasant. TDC funds may be used for the installation of murals, exhibits, and other tourism activities. Amplify Clearwater CEO Amanda Payne said the Visitors Center will be operated seven days a week, with hours varying according to the season. Councilmember Teixeira moved to approve Second Amendment to Sublease Agreement (Sublease Number 4799-002) providing to AMPLIFY Clearwater, as Sublessee, an amount not to exceed $250,000 for interior improvements to the property located at 3204 Gulf to Bay Boulevard and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9.2 Amend Clearwater Code of Ordinances, Chapter 21, Offenses, repealing Section 21.18 relating to prohibiting soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone and pass Ordinance 9727-23 on first reading. Section 21.18 of the Clearwater Code of Ordinances prohibits soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone. Ordinances of this nature have faced constitutional challenges throughout the United States. The Clearwater Police Department no longer utilizes or enforces Section 21.18 of the Code of Ordinances prohibiting soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone, and therefore should be repealed. Ordinance 9727-23 was presented and read by title only. Councilmember Allbritton moved to amend Clearwater Code of Ordinances, Chapter 21, Offenses, repealing Section 21.18 relating to prohibiting soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment Zone and the Clearwater Beach Core Tourist Zone and pass Ordinance 9727-23 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, Cou n cil member Beckman and Cou n cil member Teixeira Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 9.3 Determine that two parcels of real property owned by the City and recorded in O.R. Book/Pages 3308/514 and 6275/724 at 110 N McMullen Booth Road, in Pinellas County, Florida, are uneconomic remainders of land as defined in City Charter Section 2.01(d)(5) (i), approve the sale for less than fair market value to the adjoining landowner, and authorize the appropriate officials to execute same. On October 5, 2023 the City of Clearwater approved the surplus declaration for two, vacant and unimprovable Right of Way parcels. On October 6 and 9, 2023 the city staff discussed the purchase with the adjoining landowner to present an offer of $2,000.00 to purchase both parcels for the City Council's consideration. Pinellas County has confirmed these parcels have no associated taxable value if purchased by this landowner. These parcels are encumbered by Utilities with relocation costs to exceed $200,000.00. These parcels are without fencing or barricades creating an ongoing city insurance risk. All existing utility easements will be Deed reserved with release upon approved relocation. City staff has reviewed and recommends approval. Mayor Aungst, Sr. recused himself and departed Chamber at 8:09 p.m. Applicant representative Clay Gilman provided a PowerPoint Presentation. One individual submitted an email in opposition (see page 22). Councilmember Teixeira moved to determine that two parcels of real property owned by the City and recorded in O.R. Book/Pages 3308/514 and 6275/724 at 110 N McMullen Booth Road, in Pinellas County, Florida, are uneconomic remainders of land as defined in City Charter Section 2.01(d)(5)(i), approve the sale for less than fair market value to the adjoining landowner, and authorize the appropriate officials to execute same. The motion was duly seconded and carried with the following vote: Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 Ayes: 4 - Vice Mayor Bunker, CouncilmemberAllbritton, Councilmember Beckman and Councilmember Teixeira Recused: 1 - Mayor .Au ngst Sr. 10. City Attorney Reports Mayor Aungst, Sr. entered Chambers at 8:16 p.m. In response to a comment, the City Attorney said when city employees are sued in their official capacity or related to their employment, the City Attorney's office is authorized and ethically obligated to represent the city employees. On the rare occasion a conflict of interest is identified, the matter may be outsourced. He thanked the Charter Review Committee for their work and dedication. A lot of diverse views were expressed within the Committee. He said some suggestions that could be considered are to codify the operating parameters of the Charter Review Committee, such as the methodology to select the members, to disband the members, and the timing of presentations. He said the changes can be codified by ordinance. The City Manager said this will be the last meeting council facilities. She thanked county staff for assistance and efforts. 11. Other Council Action 11.1 Council Agenda Calendar- Cou n cilmember Teixeira Councilmember Teixeira said she requested the item to discuss the challenges to schedule 2 meetings and work sessions during some of the challenging months. After receiving staff feedback, she does not recommend changing the meeting schedule. She said she was concerned with how changing the meeting schedule could negatively impact the permitting process. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Bunker said he was not involved with the incident referred to under Citizens to be Heard. He said police officers do not have every facet of the law at their fingertips. He said he believes in freedom of speech and the incident was handled appropriately. Page 1 City of Clearwater City Council Meeting Minutes November 2, 2023 Councilmember Beckman thanked staff for providing the information to allow her to make good decisions. She thanked the Japanese students for their visit. She congratulated the City Manager on the State of the City presentation. Councilmember Allbritton reviewed PSTA business and the local bill introduced by a representative of St. Pete Beach that strips municipal representation from the PSTA board, which takes away the special taxing district authority. He requested the city adopt a resolution opposing it. Councilmember Teixeira said the city needs to have a more regional presence. She thanked staff who helped celebrate her birthday and she said she is appreciative to live in a diverse city that offers performing arts, concerts, etc. 13. Closing Comments by Mayor 14. Adjourn Attest The Mayor said he hoped to see everyone at the Veteran's Day celebration. He thanked the Charter Review Committee for their work. The meeting adjourned at 8:42 p.m. /gt-e'*') sp9- Mayor City of Clearwater Page 1 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 WHICH I SERVE ISAUNITOF: CITY LICOUNTY CIOTHER LOCAL AGENCY CITY CLEARWATER COUNTY PINELLAS NAME OF POLITICAL SUBDIVISION: CITY OF CLEARWATER DATE ON WHICH VOTE OCCURRED 11/2/2023 MY POSITION IS: o ELECTIVE lif 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 Aungst, Sr.hereby disclose that on November 2 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, C/ inured to the special gain or loss of my relative, i3lj/ot't/ 4 65% JT/ 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 Items 7.1 through 7.3 (ANNX2023-06007 - 210 Meadow Lark Lane) and 9.3 (surplus property at 110 N McMullen Booth Road) 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. /e43 Date Fil d 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