02/12/2024 Council Work Session Meeting Minutes February 12, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Monday, February 12, 2024
1 :30 PM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
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, Daniel Slaughter—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— Vice Mayor Bunker
The meeting was called to order at 1:43 p.m.
2. Economic Development and Housing
2.1 Approve the Fourth Amendment (Amendment) to Agreement for Development and
Purchase and Sale of Property between the Community Redevelopment Agency of
the City of Clearwater (CRA), the City of Clearwater (City), and Archway Clearwater
Gardens, LLC (Archway); and authorize the appropriate officials to execute same.
(consent)
Archway Clearwater Gardens, LLC has requested a modified schedule of
various milestones in the Agreement for Purchase and Sale of Property, as
amended (Agreement), between the CRA, the City and Archway. Archway has
been awarded project-based vouchers for this project from the Clearwater
Housing Authority. For consistency with the voucher program, Archway is
required to complete a subsidy analysis with the United States Department of
Housing and Urban Development (HUD). While Archway has submitted all
required documentation, the timing of HUD's response may require a later
closing date which will require a shift in other milestones as well.
Clearwater Gardens affordable housing development, located at 1250
Cleveland Street, was selected by Florida Housing Finance Corporation
(FHFC) for a 9% Tax Credit award. The project will provide for 52
one-bedroom and 29 two-bedroom units for a total of 81 units. 30 units will be
reserved for households earning up to 80% of Area Median Income (AMI) as
determined by HUD, 31 units will be reserved for households earning up to
60% AMI, and 20 units will be reserved for households earning up to 30% AMI.
Archway is coordinating with the Clearwater Housing Authority to receive 20
project-base vouchers. The developer will continue the operation of the
community garden located on the property.
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The First Amendment to the Agreement dated February 14, 2022, provided
Archway additional time to apply for tax credit funding under multiple Florida
Housing Finance Corporation's housing development programs. The Second
Amendment dated September 19, 2022, provided for an additional $3,000,000
loan from the CRA and it increased the City's local government contribution
from $75,000 to $610,000, also in the form of a loan. Other accommodations
were made in the Second Amendment assuming Archway would secure 4%
tax credit financing, but this did not occur. The Third Amendment extended
several milestones in the Agreement.
With the Fourth Amendment, staff is recommending many of the same
milestones modified with the Third Amendment to be extended further.
Proposed modifications are outlined below. Archway is optimistic that they will
achieve the modified milestones in advance of what has been proposed and no
further extensions will be necessary.
Section Category Current Proposed
4.05(b)Building Permits 3/1/2024 6/1/2024
4.05(c)Commence Construction 4/1/2024 7/1/2024
4.05(d)50% Construction Completion 1/1/2025 4/1/2025
4.05(e)100% Construction Completion 10/1/2025 1/1/2026
4.05(f) Begin Pre-Leasing 8/1/2025 11/1/2025
4.05(g)Lease Up Complete 1/1/2025 4/1/2026
6.10 Closing Date 3/15/2024 6/15/2024
7.02(a)Commence Construction 4/1/2024 7/1/2024
7.02(b)Commence Vertical Construction 10/1/24 1/1/2025
The City is a party to the agreement only as it relates to sections 3.07 and
15.18 of the Agreement. Section 3.07 of the Agreement required Archway to
grant and deliver to the City, its heirs, successors, licensees, or assigns, a
perpetual exclusive easement over the area existing as a community garden,
solely for use as a community garden. The Amendment requires Archway to
execute a declaration of restrictive covenant, instead of a perpetual easement,
restricting the use to a community garden for the benefit, use, and enjoyment
of the public. This change eliminates the need for the City to procure, manage,
or contract with future operators and users of the community garden. Archway
will take on this responsibility. Section 15.18 commits the City to a contribution
of$610,000 to the project in the form of a deferred loan. This amount is
considered the Local Government Areas of Opportunity funding commitment
and is required for a project application to receive the maximum amount of
basis points. Section 15.18 is not affected by the amendment.
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APPROPRIATION CODE AND AMOUNT:
Funds are available and allocated in project code R2010 Housing- County
STRATEGIC PRIORITY:
This item supports the following objectives set forth in the City of Clearwater
Strategic Plan:
2.4 Support equitable housing programs that promote household stability and
reduce the incidence of homelessness within Clearwater.
4.3 Protect the conservation of urban forests and public green spaces to
promote biodiversity and reduce our carbon footprint.
3. Gas System
3.1 Accept a Sovereignty Submerged Lands Easement from Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida, for the construction,
installation, and maintenance of gas utility facilities on real property lying Oakwood
Drive, over Stephanie's Channel, Pinellas County, Florida. (consent)
Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (Grantor) has granted a non-exclusive seven-foot wide natural gas
easement, on property located lying Oakwood Drive, over Stephanie's
Channel, Pinellas County, Florida (Parcel of sovereignty submerged land in
section 6, township 30 south, Range 15 east, in Clearwater Harbor Pinellas
County, Florida) for the installation of a natural gas distribution line. This line
will maintain services to several residential customers.
The easement grant is sufficient for the City to maintain and replace its
facilities as necessary for 50 years from July 28, 2023, or until such time as the
City determines to abandon its use.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
Securing pipeline easement to maintain public infrastructure and protect
natural lands by implementing environmentally friendly installation
technologies.
In response to a question, CGS Assistant Director Alex Leon said since the
bridge is being expanded, the temporary gas line is being moved to the
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Council Work Session Meeting Minutes February 12, 2024
north.
3.2 Accept a Gas Utility Easement from Chateaux Des Lacs HMOWN Association, for the
construction, installation, and maintenance of gas utility facilities on real property
located at Rue Des Chateaux Tarpon Springs, FL 34688. (consent)
Chateaux Des Lacs HMOWN Association (Grantor) has granted a
non-exclusive five-foot wide natural gas easement, on property located at Rue
Des Chateaux Tarpon Springs, FL 34688 (Parcel ID#
09-27-16-14878-000-0360) 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.
STRATEGIC PRIORITY:
Securing pipeline easement to maintain public infrastructure and protect
natural lands by implementing environmentally friendly installation
technologies.
3.3 Accept a Gas Utility Easement from Roosevelt Crossings LLC , for the construction,
installation, and maintenance of gas utility facilities on real property located at 2659
Roosevelt Blvd, Largo FL 33760. (consent)
Roosevelt Crossings LLC (Grantor) has granted a non-exclusive five-foot wide
natural gas easement, on property located at 2659 Roosevelt Blvd, Largo FL
33760 (Parcel ID# 32-29-16-70362-300-0604) 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.
STRATEGIC PRIORITY:
Securing pipeline easement to maintain public infrastructure and protect
natural lands by implementing environmentally friendly installation
technologies.
3.4 Accept a Gas Utility Easement from Khalil Nagy, for the construction, installation, and
maintenance of gas utility facilities on real property located at 4150 Rowan Rd, New
Port Richey, FL 34653. (consent)
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Khalil Nagy (Grantor) has granted a non-exclusive five-foot wide natural gas
easement, on property located at 4144, 4154, 4120, 4122, 4128, 4160, 4130,
4138, 4134, 4136, 4140, 4142, 4156, 4158, 4148, and 4150 Rowan Rd, New
Port Richey, FL 34653 (Parcel ID# 15-26-16-0000-00100-0012) 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.
STRATEGIC PRIORITY:
Securing pipeline easement to maintain public infrastructure and protect
natural lands by implementing environmentally friendly installation
technologies.
4. Parks and Recreation
4.1 Approve a Management Agreement between the City of Clearwater (City) and the
Clearwater Community Sailing Center Association, Inc. (Sailing Center Association)
for use of the building and property located at 1001 Gulf Boulevard from March 1,
2024 through February 28, 2029 and authorize the appropriate officials to execute
same. (consent)
Staff recommends that the City enter into this Management Agreement with
the Sailing Center Association, a 501 c3 nonprofit organization, where the
Sailing Center Association will manage the premises of the City at 1001 Gulf
Boulevard.
The City and the Sailing Center Association initially entered into an agreement
in 2002, and since then, the City and Sailing Center Association worked
together to offer services that benefit the community. The Sailing Center
Association provides local residents and visitors a variety of services including
providing safe, enriching, and affordable sailing opportunities for all ages and
abilities.
The Sailing Center Association will pay rent of$2,000 monthly to the City with
a 5% increase to be added to the rent payment on March 1 st of each year of
this Agreement, beginning on March 1, 2025. The City may terminate this
Agreement for any municipal need by providing 60 days written notice.
The City will be responsible for the maintenance of foundation, outer walls,
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roof, piers, docks, life cycle replacement of the heating/air-conditioner system,
and other major capital improvements required for the premises. The Sailing
Center Association will be responsible for routine daily maintenance of the
facility and minor repairs to bathrooms, hallways, rental rooms, offices, lights,
etc. The Sailing Center Association is also responsible for all day-to-day
operations of the center including programming of the facilities in accordance
with their business plan made a part of this Agreement.
STRATEGIC PRIORITIES:
In approving this lease agreement, as noted above, the City is accomplishing
Objectives 1.3, adopting responsive levels of service for public facilities and
amenities, and identifying resources required to sustain that level of service;
2.1, strengthening public-private initiatives that attract, develop, and retain
diversified business sectors; 2.2, cultivating a business climate that welcomes
entrepreneurship; and 2.3, promoting Clearwater as a premier destination for
cultural experiences and tourism.
In response to a question, Parks and Recreation Director Art Kader said the
proposed changes include a 5% rent increase and an outline of maintenance
responsibilities for the Sailing Center and the City. He said rent increases
were previously based on CPI.
Staff was directed to provide information regarding the rental costs in the
business plan.
5. Public Works
5.1 Vacate all prior recorded antiquated resolutions and terminate the Interlocal
Agreement with Pinellas County concerning the property Old City Hall now subject to
a purchase and sale contract and adopt Resolution 24-05.
On November 8, 2022, the City of Clearwater entered into a Sales Agreement
to sell the "Old City Hall" property.
In support thereof, on December 7, 2023, the City approved the vacation of two
abandoned Utility easements.
During the preliminary title approval process, recorded documents (antiquated
property use Resolutions and obsolete Pinellas County Interlocal Planning
Agreement) were confirmed as needing termination, thereby allowing the
Buyers to obtain a cleared title insurance policy.
Adopting this Resolution is the City's good faith effort to remove encumbrances
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Council Work Session Meeting Minutes February 12. 2D24
and facilitate the sale ofthe Property.
City staff have reviewed and approved this Resolution and recommend
adoption.
STRATEGIC PRIORITY:
1.5 Embrace a culture of innovation that drives CQOtiOuQu0 improvement and
successfully serves all our Cu0tQOOe[0.
5.3 Generate organizational success through collaborative engagement and
inclusive decision-making to create shared value outcomes.
5'2 /\Dp[OVe @ funding agreement between the City Of Clearwater and the Pinellas
SUOCO@St Transit /\UthO[itV /PSTA\ to provide enhanced Jolley Trolley service during
Spring Break period Of February 25. 2024. through /\D[il 27. 2024. with the City
contributing an @0OOUOt not to exceed $102.287 and authorize the appropriate officials
to execute S@0Oe. /COOSeOt\
Alternatives for traveling to Clearwater Beach during the Spring Break season
are critical to the economic vitality of Clearwater and our tourism industry. The
City and PGTA propose utilizing the parking lots at 112 G. C)soao|a Avenue and
200 G. C)soao|a Avenue as park and ride lots for the period commencing
February 25. 2024. through April 27. 2024. Instead of driving, users will have
the option of taking the free Trolley san/ioas to and from the Beach or paying to
ride the Clearwater Ferry Taxi Gan/ioa. The Trolley service will bafree only for
people who board the trolley at the 112 G. C)soao|a Avenue and 200 G.
C)soao|a Avenue park and ride site |ots, at the Clearwater Beach Transit
Station on the north side of Memorial Causavvay, or at the Clearwater Beach
Municipal Marina designated pick up location.
PGTA currently provides regular san/ioa on several routes between Downtown
and Clearwater Baaoh, as well as north and south along the Beach. PGTA
operates the Gunooast Beach Trolley which runs from Downtown Clearwater
south to Gt. Pete Baaoh, and has an agreement with the Jolley Trolley to
operate a Beach circulator (North and South Beach routas), as well as the
Coastal route connecting to Tarpon Springs. As part of this additional
a0raamant. PGTA developed a san/ioa plan that will increase the number of
vehicles serving the Beach during the Spring Break saason, especially on the
vvaakand periods from Friday through Sunday during spring break periods for
local school districts and during the three weekends of the Sugar Sands
Festival.
The proposed agreement sats forth the City's commitment to contribute an
amount not to axoaad $102.287 towards PGTA's additional financial
obligations, including PGTA's agreement with the Jolley Trolley to provide
enhanced san/ioa on its Beach circulator routes during the Spring Break
season. This amount is 50% of the total cost; PSTA will provide the other 50%.
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Riders will have significantly shorter wait times this season with additional
vehicles to maintain the service at 30-minute intervals Monday through
Thursday and 15-minute intervals Friday through Sunday. The free park and
ride service is planned to start at 10:00 AM and end at the regular close of
service (approximately 10:00 PM Sunday-Thursday and 12:00 AM
Friday/Saturday).
APPROPRIATION CODE AND AMOUNT:
Funds are available in Engineering - Parking Division operating cost code
4351333-581000 (payment to agencies) to fund this agreement.
5.3 Approve the request to vacate a drainage easement at 309 Coronado Drive,
Clearwater, from the property owners DC Clearwater Beach 1 Property, LLC as
recorded in O.R. Book 15904, Page 863-868, of the Public Records of Pinellas
County, FL, and pass Ordinance 9743-24 on first reading.
The owners have confirmed that the City has a recorded 15-foot drainage utility
easement which interferes with the property's development. The City's existing
drainage facilities for this property are not located in the recorded easement.
As a condition of this vacation, the owners have executed a Drainage and
Public Utility easement to cover the property's existing unrecorded drainage
facilities.
There are no city utilities within the easement to be vacated.
City staff have reviewed and approve of this request.
STRATEGIC PRIORITY:
Adopt responsive levels of service for public facilities and amenities, and
identify resources required to sustain that level of service.
5.4 Approve a Guaranteed Maximum Price (GMP) to AJAX BUILDING COMPANY, LLC of
Midway, FL, for an early release package for construction for the new City Hall Project
(22-0019-EN) in the amount of$7,407,439 pursuant to Request for Qualifications
(RFQ) 59-23 and authorize the appropriate officials to execute same. (consent)
In September 2022, pursuant to RFQ 24-22, the City Council approved
Wannemacher Jensen Architects (WJA) to design a new facility. In June
2023, WJA presented the City Council with three options. The Council
unanimously selected the site plan that combines a renovation of the City's
existing municipal services building (MSB) with a new building located on the
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city-owned parcel immediately south of MSB. WJA referred to this site plan as
Option #2. This site plan is estimated to save approximately $31 million
compared with the cost of a new stand-alone facility that would have replaced
the MSB.
On November 16, 2023, Council approved Broaddus and Associates to provide
Owner's Representative services on the project.
On December 19, 2023, Council approved a CMAR agreement and $379,965
preconstruction phase proposal with Ajax Building.
Ajax and the project team are continuing to work through the project
preconstruction phase. To mitigate rising costs and long lead times for critical
equipment, the team assembled an early release package (ERP) GMP. This
GMP is the first of multiple GMPs staff will bring back to council for approval for
the construction of the new City Hall and MSB renovations. All GMPs are
amendments to the previously approved CMAR agreement. This ERP GMP
includes site work, foundations, early equipment procurement (elevators,
chiller, electrical switch gear and panels, generator) and general conditions for
the entire project, including both city hall and MSB renovation.
Schedule anticipates a late June 2024 mobilization; March 2026 move in and
final completion by May 2026. Expect the MSB portion to be concurrent with
the city hall work, more schedule details to follow once the MSB scope and
design is finalized.
The total budget presented by WJA at the June 12, 2023 work session for the
construction of City Hall and the MSB renovation project is $44.9 million. The
construction budget for City Hall is $31.6 million and the MSB renovation
project is $10 million. Total cost of construction and administration of both
projects is $44.9 million.
APPROPRIATION CODE AND AMOUNT:
ENGF220001-CONS-CNSTRC $7,265,422
ENGF230001-CONS-CNSTRC $ 142,017
Funds are available in capital improvement projects in amounts of$7,265,422
inENGF220001, City Hall, and $142,017 in ENGF230001, Municipal Services
Building Renovations, in the amount of$7,407,439 to fund this GMP.
5.5 Approve a Guaranteed Maximum Price (GMP) to Biltmore Construction of Belleair FL
for the construction of the Gateway Plaza (Mercado) in the amount of$930,929.00
pursuant to Request for Qualifications (RFQ) #40-20, Construction Manager at Risk
(CMAR), and authorize the appropriate officials to execute same. (consent)
This a companion item to a CRA item requesting transfer of$1,154,762.61 to
complete the Mercado construction.
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On May 20, 2021, Council approved a contract to Gibbs and Register to
construct the Cleveland Street Streetscape Phase III (16-0003-UT) project.
The Mercado design was not complete, and not included in the contract.
On October 17, 2022, Council approved the shade structure and turf design
concepts for the Mercado public space at the intersection of Cleveland St. and
Gulf to Bay Blvd.
On February 18, 2023, staff presented an overview to the CRA Trustees that
the change order pricing from Gibbs & Register was over budget. Staff
recommended allowing Gibbs & Register to complete the streetscape project
and get new pricing from another firm to construct the Mercado portion. The
City worked with Biltmore Construction under the CMAR, Continuing Services
contract (RFQ #40-20), for a cost proposal to construct the Mercado. To
realize cost savings to the City, Public Works will return to Council shortly for
approval of a Purchase Order (PO) to USA Shade who was paid a deposit and
designed and provided structure hardware under the initial Gibbs & Register
contract, hence impractical to bid.
The project is expected to be complete by September 2024.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital project 315-C2105,
Mercado-Downtown Gateway and recognize a budget increase of
$1,154,762.61 of Community Redevelopment Agency (CRA) tax increment
financing (TIF) funds transferred from the CRA to provide funding for the
completion of the Mercado capital improvement project.
6. Planning
6.1 Approve a professional services agreement and work order with Rowe Architects, LLC
of Tampa, Florida to conduct a building conditions assessment for the North Ward
School in the amount of$213,785.00 pursuant to Request for Qualifications (RFQ)
No. 57-23, Specialized Historic Architectural Preservation Consulting Service, and
authorize the appropriate officials to execute same. (consent)
On September 6, 2023, the City issued RFQ #57-23 soliciting qualifications
from architectural firms specializing in historic preservation, rehabilitation, and
adaptive reuse to prepare a building condition assessment, along with
recommendations for improvements and cost estimates for the city-owned
historic North Ward School. The goal of the project is to identify improvements
that could make the building more occupiable, including the construction of a
new connection between the original building and the 1926 addition.
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Three firms responded to the RFQ and the City interviewed two: Rowe
Architects and DN'A Design &Architecture in collaboration with Walker
Consultants Inc. The third firm, Fleischman Garcia Masloski was scheduled to
be interviewed but withdrew before the presentation. Based on the materials
submitted and information discussed in the interviews, the selection committee
comprised of staff from Planning and Development, Economic Development
and Housing, Engineering and General Services, selected Rowe Architects,
LLC. Rowe Architects has worked on over 100 historic preservation projects,
including 20 buildings on the National Register of Historic Places. They also
have experience working on historic schools and obtaining preservation grant
funding for various types of preservation projects.
The scope of services as outlined in the Work Order involves the following five
major tasks and should be completed within six months of the start date.
• historic building research and identification of potential grants to
fund improvements
• building documentation which includes the creation of a digital 3D
model of the building
• existing conditions assessment
• recommendations for pre-developer improvements and use analysis
• development of cost estimates for identified improvements
Based on the recommendations of the assessment, the RFQ indicated the City
may move forward with a portion of or all of the recommended improvements,
including design, permitting, and construction administration services including
coordination with the State Historic Preservation Officer (SHPO) to ensure any
proposed improvements do not negatively impact a future development
partner's ability to obtain federal tax credits. Such phase would require
another agreement and work order to be reviewed and approved by City
Council.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will provide a transfer of$213,785 from
General Fund reserves to capital improvement project 315-C2101, North Ward
Preservation, to fund this work order.
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$213,785 to capital
improvement project C2101, North Ward Preservation. Inclusive of this item if
approved, a net total of$2,957,880 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
$40.6 million, or 20.4% of the current General Fund operating budget.
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STRATEGIC PRIORITY:
The preparation of a building condition assessment of the historic North Ward
School aligns with Strategic Plan Objective 1.2.
In response to questions, Planning and Development Director Gina Clayton
said the architects will identify the improvements needed. Mr. Rowe said he
will develop a 3D model, depicting the property as it exists today and how it
could be developed in the future. He said the agreement includes identifying
state and federal grant opportunities.
MayorAungst departed chambers at 2:10 p.m. and returned at 2:14 p.m.
6.2 Provide staff direction related to regulations permitting Accessory Dwelling Units within
certain zoning districts. Discussion Item. (WSO)
The Planning and Development Department is preparing amendments to the
city's Community Development Code (CDC), including the establishment of
standards for Accessory Dwelling Units or ADUs. Staff is seeking direction
from City Council on several possible regulations prior to developing an
ordinance that will be presented at a future meeting.
Accessory Dwelling Units have become increasingly popular as a tool for local
governments seeking to increase housing supply. Generally, an ADU is
defined as an ancillary or secondary living unit that has a separate kitchen,
bathroom, and sleeping area, which exists either within the same structure or
on the same lot as the primary dwelling unit. ADUs can provide opportunities
for affordable housing, aging in place, multigenerational households, and can
provide an additional source of income to the property owner. The city's
Comprehensive Plan was amended in 2022 to exempt ADUs from density
requirements and to set forth that the CDC should include provisions for ADUs
and other housing types. This work implements that policy (now Quality Places
Policies 6.1.7 and 6.1.10 in Clearwater 2045).
Staff has conducted research into 12 communities located in Florida and
across the country; staff has provided the results (Attachment A, Example
Ordinance Elements). Based on this research staff identified some common
development standards and regulations related to ADUs that are discussed
below. Staff has also included recommendations for the city's ADU regulations
for discussion.
How Many ADUs Should be Permitted Per Parcel?
Municipalities primarily allow one ADU per parcel, lot, or single-family dwelling.
There are examples where municipalities will allow more than one ADU with
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conditions such as one of the units must be rented at an affordable rate. ADUs
are typically exempted from density calculations.
Recommendation: Permit one ADU per parcel and continue to exempt it
from density calculations consistent with the Quality Places Chapter of the
Comprehensive Plan
In Which Zoning Districts Should ADUs Be Permitted?
Based on the research, a majority of the municipalities allow ADUs in either all
of their residential zoning districts or in residential zoning districts that primarily
permit detached dwellings. In addition, some municipalities permit ADUs in
nonresidential zoning districts.
Recommendation: Permit ADUs in the in the Low Density Residential
(LDR), Low Medium Density Residential (LMDR), and Medium Density
Residential (MDR) Zoning Districts where primarily detached dwellings and
small scale attached dwellings are permitted. Higher density residential
districts tend to be developed with large scale apartment and condominium
developments where the opportunities for construction of additional units is
limited or not needed. The CDC currently permits accessory dwellings in
certain nonresidential zoning districts for those uses that may require staff
to be present during overnight hours and this should continue to be
permitted.
How Should Lot Size Be Regulated?
Lot size requirements for ADUs can vary depending on community
characteristics. Based on the research of the 12 municipalities, seven regulate
that the minimum lot size for an ADU is consistent with that required for
detached dwellings in the applicable zoning district, 3 set a minimum lot size
for parcels to be eligible for an ADU, while 2 do not regulate lot size.
Recommendation: Staff recommends that the minimum lot size for ADUs
be subject to the requirements of the zoning district where the parcel is
located. The three zoning districts identified by staff to permit ADUs all
currently have lot size requirements that range from 3,000 to 20,000
square feet depending on the level of flexibility requested. Staff does not
propose any changes to what currently exists; however, it should be noted
that required minimum lot size will provide limitations on the type and size
ADU that can be built on the property.
What Setback Requirements Should Apply to ADUs?
Setbacks for ADUs can vary based on whether the unit is attached to the
primary dwelling unit or is detached. Based on staff's research, it is common
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for attached ADUs to be subject to the setback requirements of the applicable
zoning district for a primary dwelling unit and for detached ADUs to be subject
to the setback requirements of the applicable zoning district for accessory
structures.
Recommendation: Staff recommends that ADUs meet the setback
requirements of the applicable zoning district where the parcel is located,
with attached ADUs being subject to those of the primary dwelling unit and
detached ADUs being subject to those of an accessory structure. A
minimum separation distance between a primary dwelling unit and a
detached ADU should also be considered to meet the minimum fire
separation distance as outlined in the Florida Building Code.
Should There Be an Occupancy Requirement?
Based on the research staff found that some communities require the property
owner to live on-site, and others do not. Of the 12 ordinances reviewed, six
had an occupancy provision requiring the property owner to live in either the
primary dwelling or the ADU. Some municipalities have opted to not include or
repeal owner occupancy requirements for ADUs, as they do not have similar
mandates for property owners renting out single family homes. Reports
released by the American Association of Retired Persons (AARP) and Florida
Housing Coalition (FHC) suggest that owner occupancy requirements can be
onerous for property owners and be a barrier for the construction of ADUs. The
FHC does recommend that if an owner occupancy provision is included in an
ADU ordinance that it at minimum allow a property owner to live in the primary
dwelling unit or ADU.
Recommendation: Staff recommends that the property owner be required
to live on-site for several reasons. Because Clearwater is a tourist
destination, staff is concerned about investors buying property and
gentrifying neighborhoods. While short term rentals are not permitted in
the residential zoning districts proposed for ADUs, there is also concern
that investors could see this is as an opportunity to develop short term
rentals. Requiring the property owner to live on-site will aid in creating a
stable residential area, minimize negative impacts as the owner is on-site
to deal with issues, and create opportunities to generate income and
provide more flexibility in living arrangements.
How Large Should an ADU Be?
Unit size is a nuanced regulation that varies for each municipality. Based on
research, staff has found that municipalities commonly regulate the size of an
ADU by square footage, percentage of the primary dwelling, or both. Other
development standards that could impact the size of an ADU include minimum
lot size, setbacks, and impervious surface ratio.
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
Recommendation: Staff recommends setting the maximum unit size at
750 square feet or 50 percent of the gross floor area of the primary
dwelling unit, whichever is less. The average size of detached dwelling
units in the city is 1,700 square feet; however, a large percentage (49%) of
units are less than 1,500 square feet, which would allow for a 750 square
foot or less ADU.
Should There Be Required Parking for ADUs?
Municipalities often require an additional parking space if an ADU is added to a
property. There are examples of not requiring an additional parking space if the
ADU is under a certain size or if other requirements can be met such as
proximity to a bus stop or employment center or an area with adequate space
to accommodate on-street parking.
Recommendation: Staff recommends requiring one additional parking
space per ADU with the possibility of allowing a waiver of this requirement
if certain conditions are met such as proximity to a bus stop or employment
center or in an area with adequate space to accommodate on-street
parking. One outstanding issue is to determine how to handle required
parking if the property currently does not provide code compliant parking
(number of spaces and/or driveway).
Planning and Development staff is requesting direction on the items and
recommendations outlined above.
STRATEGIC PRIORITY:
Amending the Community Development Code to allow Accessory Dwelling
Units (ADUs) would support Strategic Objective 3.2 of the Strategic Plan by
creating responsible development standards that would preserve community
livability and provide additional housing options.
In response to questions, Planner Dylan Prins said ADUs are currently
allowed in the Industrial, Research and Technology zoning district. Planning
and Development Director Gina Clyton said residential property owners
wanting to build an ADU would have to plan for that as the main house will
need to meet the setback requirements of the district and strategically place
the ADU. Mr. Prins said a maximum ADU unit size is needed for the
application approval process. Ms. Clayton said the ADU is an accessory, not
the main use of the property and why the proposed maximum unit size is
smaller than the main dwelling structure. Mr. Prins said Pinellas County does
not require additional parking for ADUs and the city of St. Petersburg
requires an additional parking space but allows flexibility in traditional
neighborhoods. He said code requires that the primary dwelling unit have
two parking spaces. If the driveway meets the parking space standards, it
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
may be able to accommodate the additional parking space. Ms. Clayton said
staff is recommending parking flexibility if there is on-street parking. The City
does not regulate the stacking of parked cars on private property.
Discussion ensued with council consensus for staff to proceed with the
recommendations as provided.
7. Information Technology
7.1 Authorize purchase orders to multiple vendors for the purchase of computer parts,
servers, and network equipment in the cumulative not-to-exceed amount of
$1,200,000.00 for term February 1, 2024 through September 30, 2024, pursuant to
Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section
2.561(5), small purchases, and authorize the appropriate officials to execute same.
(consent)
The Information Technology Department is requesting authorization to procure
computer and network supplies from various vendors to include parts, cabling,
servers, computers, power supplies, wireless and security technology for the
maintenance and upgrade of the city's computer network and equipment.
Purchases will be obtained through various piggyback contracts. The list of
vendors with their piggyback contracts are attached and listed below.
Vendors are as follows:
Amazon: Omnia Contract No. MA3457 (State of Utah) valid through
05/05/2025
• https://www.omniapartners.com/suppliers/amazon-business/public-s
ector/contract-documents#contract-390
<https://www.omniapartners.com/suppliers/amazon-business/public-sec
for/contract-documents>
CDW-Government LLC:
• Omnia Contract No. MA3458 (State of Utah) valid through 05/05/2025
https://www.om niapartners.com/suppliers/cdwg/public-sector/contract-d
ocuments#contract-387
�https://www.omniapartners.com/suppliers/cdw /public-sector/contract-
documents>
• Sourcewell Contract No. 071321-CDW valid through 09/10/2025
<https://www.sourcewell-mn. ov/cooperative-purchasing/071321-CDW
>
• Sourcewell Contract No. 081419-CDW valid through 10/30/2024
<https://www.sourcewell-mn. ov/cooperative-purchasing/081419-CDW
>
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
• State of Florida Contract No. 43230000-23-NASPO-ACS valid through
04/24/2027
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
Carasoft, Inc: State of Florida Contract No. 43230000-NASPO-16-ACS valid
through 09/30/2026
•
<https://www.dms.myflorida.com/business operations/state purch a
sing/state contracts and agreements/alternate contract source/cloud
solutions>
GovConnection dba Connection Public Sector Solutions: Omnia Contract No.
01-144 (Region XIV Education Service Center) valid through 11/30/2025
https://www.omniapartners.com/suppliers/connection/public-sector/c
ontract-documents#contract-1476
<https://www.omniapartners.com/suppliers/connection/public-sector/con
tract-documents>
InSight Public Sector Inc:
• State of Florida Contract No. 43230000-23-NASPO-ACS valid through
04/24/2027
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
• State of Florida Contract No. 43230000-NASPO-16-ACS valid through
09/30/2026
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/cloud sol
utions>
SHI International Corp:
• State of Florida Contract No. 43230000-23-NASPO-ACS valid through
04/24/2027
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
• State of Florida Contract No. 43230000-NASPO-16-ACS valid through
09/30/2026
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/cloud sol
utions>
Page 18
City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
Authorization to add additional vendors as needed is also requested following
the proper procurement process with oversight from the Procurement Division
to include small dollar purchases subject to Clearwater Code of Ordinances
Section 2.561(5).
APPROPRIATION CODE AND AMOUNT:
Funds are available in various departmental cost centers in object codes
550100 (Office Supplies), 550400 (Operating Supplies) and 550800 (Computer
Parts), as well as various Capital Improvement Projects to fund these
purchases.
STRATEGIC PRIORITY:
These purchases help accomplish strategic objectives 1.2, 1.3, and 1.4. The
Information Technology Department maintains critical public infrastructure to
deliver sustain a high level of service to support a safe and healthy community.
7.2 Authorize an increase to the current purchase order with State of Florida Department
of Management Services (DMS) for SUNCOM long distance service, State AIN
Centranet lines, and toll-free lines, in an amount not to exceed $147,564.00 for the
period February 1, 2024 through January 31, 2025, bringing the total amount of
purchase order to $184,455.00 pursuant to Clearwater Code of Ordinances Section
2.563(1)(c), Piggyback or Cooperative Purchasing, and authorize the appropriate
officials to execute same. (consent)
The DMS SUNCOM services are telecommunications infrastructure and
services used for all city alarm systems (-180 lines) and every location that is
not serviced by the city's wide-area network (WAN) (-250). There are 430
individual phone lines used by the city at a rate of approximately
$20/line/month, which is an approximate 50% discount from commercial
service provider by our local carrier options. Many of these service lines are
enhanced with long-distance service, local exchange connections, "800"
services and conference calling capability.
Department of Management Services Total - $147,564.00
- Long Distance $800 per month x 12 = $9,600.00
- Local $167 per month x 12 = $2,004.00
- Centranet lines $11,320 per month x 12 = $135,840.00
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
- 800 # $10.00 per month x 12 = $120
This is a piggyback off the State of Florida Department of Management
Services, Contract No. Contract DMS-17/18-0046, valid through July 13, 2025.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost center 5559862.
STRATEGIC PRIORITY:
This item supports Strategic Objectives 1.3 and 1.4 by ensuring city facilities
and staff have access to robust and stable communications services.
7.3 Authorize an increase to the current purchase order with APG Electric Inc, dba APG
Technology for Audio/Video equipment, wireless equipment, supplies, and services, in
an amount not to exceed $750,000.00 for the period February 1, 2024 through
November 30, 2026, bringing the total amount of purchase order to $782,549.82
pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback or
Cooperative Purchasing, and authorize the appropriate officials to execute same.
(consent)
The APG services are for audio and video (AV) infrastructure and services
used for all city presentation and training solutions at all City facilities
(approximately 62 facility locations). The infrastructure includes monitors,
TV's, video walls, access points, switches, control systems, wiring and
mounting equipment for installations of AV and wireless solutions at City
facilities in support of departmental operations, and support of public wireless
services at libraries and public spaces.
APG Technology services and products are available through Tips-USA
Interlocal Purchasing System under Contract #230901, Audio Visual
Equipment, Supplies, and Services (Department of Texas Region 8 Education
Service Center) valid through 11/30/2026 and Contract#230105, Technology
Solutions Products and Services (Department of Texas Region 8 ESC) valid
through 05/31/2028.
APPROPRIATION CODE AND AMOUNT:
Funds are available in various departmental cost centers in object codes
550100 (Office Supplies), 550400 (Operating Supplies) and 550800 (Computer
Parts), as well as various Capital Improvement Projects to fund these
purchases.
STRATEGIC PRIORITY:
These purchases help accomplish strategic objectives 1.2, 1.3, and 1.4. The
Information Technology Department maintains critical public infrastructure to
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
deliver sustain a high level of service to support a safe and healthy community.
8. Marine & Aviation
8.1 Reapprove the Joint Participation Agreement (JPA) G2092 between the City of
Clearwater and the State of Florida Department of Transportation (FDOT), Parking Lot
Expansion and Rehabilitation at the Clearwater Airpark, authorize the appropriate
officials to execute same, and adopt Resolution 24-01 as amended.
FDOT JPA Agreement G2092 provides for an 80% grant for Parking Lot
Expansion and Rehabilitation, with 20% cash match. The design and
construction will provide the plans, permitting, and the construction for the new
Parking Lot. The project cost is estimated at $800,000 with FDOT contributing
$640,000 and FlyUSA reimbursing the City for the cash match portion
estimated at $160,000.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will increase capital project 302-G2307,
Aviation Operations Center, by $800,000 recognizing grant funding of
$640,000 and reimbursement revenues of$160,000 to provide project funding
for this agreement.
STRATEGIC PRIORITY:
High Performing Government: 1.2 Maintain public infrastructure, mobility
systems, natural lands, environmental resources, and historic features through
systematic management efforts.
Economic & Housing Opportunity: 2.2 Cultivate a business climate that
welcomes entrepreneurship, inspires local investment, supports Eco-friendly
enterprises, and encourages high-quality job growth.
8.2 Reapprove the Joint Participation Agreement (JPA) G2086 between the City of
Clearwater and the State of Florida Department of Transportation (FDOT), Geo
Technical and Survey of Airpark Property at the Clearwater Airpark, authorize the
appropriate officials to execute same, and adopt Resolution 24-02 as amended.
FDOT JPA Agreement G2086 provides for an 80% grant for the Geo Tech and
Survey work, with 20% cash match. Clearwater Airpark has several important
infrastructure improvement projects planned to improve the user experience as
well as to upgrade facilities that have passed their useful life. These projects
include milling and resurfacing existing asphalt, a new terminal building, new
corporate hangars and T-hangars, repairs to existing hangars, and the
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
potential for expanding asphalt areas for plane tie-downs. Each individual
project will be handled by independent design and construction teams to
guarantee competitive pricing and to engage specialized consultant teams for
each component. These projects lie throughout the forty-seven acres of the
property, and each will require a current survey and geotechnical analysis for
permitting and for ensuring that the right solutions are put in place by providing
all known conditions to the various design teams. Therefore, developing one
comprehensive survey and geotechnical report of the entire site for distribution
to all design and construction teams will provide consistency and efficiency as
the City moves forward to building a chapter of the Airpark's history. The
project cost is estimated at $100,000 with FDOT contributing $80,000 and
FIyUSA reimbursing the City for the cash match portion estimated at $20,000.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital improvement project
G2409, Airpark Property Survey, recognizing a budget increase of$80,000 in
FDOT grant revenue and $20,000 in reimbursement revenues to create the
project budget and fund this agreement.
STRATEGIC PRIORITY:
High Performing Government: 1.2 Maintain public infrastructure, mobility
systems, natural lands, environmental resources, and historic features through
systematic management efforts.
Economic and Housing Opportunity: 2.2 Cultivate a business climate that
welcomes entrepreneurship, inspires local investment, supports Eco-friendly
enterprises, and encourages high-quality job growth.
8.3 Reapprove the Joint Participation Agreement (JPA) G2080 between the City of
Clearwater and the State of Florida Department of Transportation (FDOT), Design of
Corporate Hangars at the Clearwater Airpark, authorize the appropriate officials to
execute same, and adopt Resolution 24-03 as amended.
FDOT JPA Agreement G2080 provides for an 80% grant for the Design of new
Corporate Hangars, with 20% cash match. The design will provide the building
plans and permitting for the new building. The project cost is estimated at
$679,308 with FDOT contributing $543,447 and FIyUSA reimbursing the City
for the cash match portion estimated at $135,861.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project G2401, Airpark Hangars, to
fund this agreement.
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
STRATEGIC PRIORITY:
High Performing Government: 1.2 Maintain public infrastructure, mobility
systems, natural lands, environmental resources, and historic features through
systematic management efforts.
Economic & Housing Opportunity: 2.2 Cultivate a business climate that
welcomes entrepreneurship, inspires local investment, supports Eco-friendly
enterprises, and encourages high-quality job growth.
9. Public Utilities
9.1 Approve a purchase order with Hadronex Inc. DBA SmartCover System located in
Escondido, California, and the city of Clearwater Public Utilities for the purpose of
using SmartCover software for online application of mapping and monitoring service of
the wastewater system, from February 2, 2024 through January 31, 2026, in the
amount of$74,236.65 pursuant to Clearwater Code of Ordinances Section 2.563(1)
(a), Single Source, and authorize the appropriate officials to execute same. (consent)
City of Clearwater Wastewater Collections will use the SmartCover system
renewal contract to continue to provide coverage for the online application of
mapping and monitoring services at the City's SmartCover locations. The
SmartCover monitors manholes within the gravity system, having the
immediate ability to provide notification of high-water levels, thereby helping to
prevent sanitary sewer overflows within the system. The purchase order
includes the ability to continue capturing data and reports of the SmartCover
units, including rain data sensors within the system. It also covers sensors/
batteries/ material products /devices/ hardware and extended warranties for
all the SmartCover units currently located within our gravity system.
This item will cause the City to exceed $100,000.00 in purchases with this
vendor for this fiscal year, and therefore, pursuant to city code Sec. 2.554(1)
(b), it must be approved by the city council.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 4211346-530300 Other Contractual Services.
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, approval for an agreement is requested.
10. City Attorney
10.1Approve a Legal Services Agreement between the City and Bush Graziano Rice and
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
Hearing, P.A. for the legal representation in the matter of Nathaniel Brooks v. City of
Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, and
authorize the appropriate officials to execute same. (consent)
The City of Clearwater was served with a lawsuit alleging that Mr. Brooks' civil
rights were violated by events that occurred between 2014 and 2018.
The Code of Ordinances requires the City to protect and defend both current
and former employees in any civil action or proceeding in any state or federal
court arising out of any alleged act or omission which occurred or is alleged in
the complaint to have occurred while the employee was acting within the scope
of his public employment or duties. Mr. Roseto was the former HR Director and
named as a co-defendant with the City. The claims against Mr. Roseto were
dismissed in December 2023.
The City Attorney initially assigned defense of this lawsuit to the law firm of
GrayRobinson, P.A., with Gregory Hearing, Esq. being the lead attorney. In
October 2023, Mr. Hearing began working for the law firm of Bush Graziano
Rice & Hearing, P.A., and the City continued to use the services of Mr.
Hearing.
Due to the ongoing litigation, the case involving multiple defendants (City and
Mr. Roseto), and the likelihood of a week-long jury trial, it is necessary to
increase the budget. This agreement is for $115,000.00, which includes
services through trial.
This agreement is exempt from bidding requirements pursuant to Section
2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to
fund this contract.
10.2Adopt Ordinance 9744-24 on second reading, revising the structure of the Downtown
Development Board,.
During the Council meeting taking place on Dec. 19, 2023, the City
Council directed the City Attorney to revise the governance structure of
Clearwater's Downtown Development Board (DDB).
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
11. City Manager Verbal Reports
The City Manager thanked Fire, Police, and Public Communications staff, as
well as supporting agencies, for their outstanding efforts in responding to the
recent plane crash.
12. City Attorney Verbal Reports
The City Attorney said he is working with PS TA's attorney to close on the
real estate transaction. He said PSTA staff were premature in coordinating a
ceremonial signing with Council, he contacted PSTA counsel and advised
them to coordinate the ceremonial aspect of the transaction through his
office. Closing is tentatively scheduled for February 29. He said an item will
be presented to the Community Redevelopment Agency regarding the
Gotham agreement that Council recently approved.
13. Council Discussion Item
13.1 City Attorney/City Manager Goals - Councilmember Beckman
Councilmember Beckman said Council agreed last year that the City
Manager and City Attorney be asked to suggest SMART annual goals. Since
Council has provided direction on the strategic plan, now is the time
to discuss those goals so they can be evaluated in October. She suggested
that the City Manager and City Attorney present their goals at the next work
session.
The City Attorney said Resolution 23-19 governs goal setting for the City
Manager and City Attorney. The resolution states that effective this year
there will be a new standardized process, setting goals in September.
Historically, there has not been a uniform process as some councilmembers
chose to provide a written, verbal, or constant feedback.
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Beckman provided an update on the Pinellas County Opioid
Abatement Funding Committee's recent activities. The Committee is
comprised of county leaders who are working together to determine how
Pinellas County will allocate over$110 million over 18 years. The funds will
be used for opioid addiction and prevention services in Pinellas County. She
said an RFP was issued for a gap analysis to determine the available
services, the gaps, and identify where transformative changes could occur.
Approximately$478,000 was allocated for the analysis. She said Earnst &
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City of Clearwater
Council Work Session Meeting Minutes February 12, 2024
Young will be conducting the gap analysis over the next 14 weeks.
Councilmember Allbritton said he requested a staff update on the short-term
fix for North Beach flooding at the council meeting.
Public Works Director Marcus Williamson said four temporary pumps, with
automatic on/off floats were installed and staff is monitoring the pumps to
see when they turn on and for how long. Staff selected the four most
problematic locations. He said storms are needed to observe how the area is
impacted. In March, the maintenance pipe cleaning contract will be
presented to Council, which will provide barnacle cleaning and lining.
15. Closing Comments by Mayor— None.
16. Adjourn
The meeting adjourned at 3:03 p.m.
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City of Clearwater