01/16/2024 Council Work Session Meeting Minutes January 16, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Tuesday, January 16, 2024
1 :30 PM
Main Library - Council Chambers
Council Work Session
Page 1
City of Clearwater
Council Work Session Meeting Minutes January 16, 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— Mayor Aungst
The meeting was called to order at 1:30 p.m.
2. Presentations
2.1 Police Oaths
The City Clerk administered the Oath of Office to Police Officers: Keyon
Evans, Bethany Nin, Noah Starczewski, Justin Fritz, Maria Teles, and
Zachary Cyr.
3. Gas System
3.1 Approve a Service Agreement with Florida Gas Transmission for the transportation of
natural gas supply under rate schedule Firm Transportation Service No. 1 (FTS-1),
Contract No. 6096, and authorize the appropriate officials to execute same. (consent)
The City of Clearwater has an agreement with Florida Gas Transmission (FGT)
to reserve space within their pipeline to transport natural gas supply to
Clearwater Gas System's (CGS) four gate station delivery points. The
Agreement that CGS is requesting renewal is for FTS-1 service agreement.
Historically this agreement was named rate schedule FTS-2 service agreement
and it is now being renewed under FTS-1. CGS's maximum gas supply
entitlements under FTS-1 are listed below in dekatherms (Dth):
May - October: 248,032 Dth (1,348 per day)
November -April: 324,142 Dth (1,781 per day)
Total capacity: 572,174 Dth
The new FTS-1 Service agreement will become effective March 1, 2025 and
shall continue in effect through February 28, 2035. In addition, no changes are
Page 2
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
being made to the supply entitlements or rates; therefore, no additional funds
are required for the transportation service.
STRATEGIC PRIORITY:
Maintains an efficient and highly reliable public infrastructure by securing the
transportation of natural gas.
4. Parks and Recreation
4.1 Authorize a Guaranteed Maximum Price proposal to Keystone Excavators, Inc., of
Oldsmar, FL for the repair and renovation of a section of boardwalk at Moccasin Lake
Park located at 2750 Park Trail Lane in the amount of$237,935 and authorize the
appropriate officials to execute same. (consent)
CMAR History:
On September 17, 2020, Council approved the use of 13 firms to serve as
Construction Managers at Risk for Continuing Contracts under RFQ 40-20 and
Keystone Excavators, Inc. was selected as one of the approved firms.
Keystone Excavators, Inc. has performed several successful projects in the
past for Parks and Recreation as well as other city departments and the work
that is required for this project is consistent with their specialty which includes
construction site work.
Site Location and Existing Conditions:
Moccasin Lake Park is a 51-acre nature preserve with trails and boardwalks
under a canopy of mature oaks and across ponds and creeks, with an array of
wildlife, including gopher turtles, raccoons, and many birds. It is home to several
injured birds of prey. The park offers classes, programs, camps, and
meeting/reception rentals with both indoor and outdoor meeting space.
A portion of the boardwalk that meanders through the park was undermined and
collapsed approximately one year ago due to continued erosion of the stream
bed under the boardwalk. This portion of the trail has been closed to the public
since then. This work will allow for the trail to be reopened for use by residents
and visitors to the park.
Development Proposal:
This proposal is for all work needed for the project, which includes construction
of a new free span timber bridge, structural repairs to the adjacent boardwalk as
well as civil work elements to include re-shaping/rip-rap of the adjacent affected
stream bed. The new bridge replaces an existing portion of the boardwalk that
spans the creek.
This is a 180-day contract which will commence upon issuance of a Notice to
Proceed.
This item is consistent with the Community Development Code as well as the
Comprehensive Plan and Strategic Plan.
Page 3
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project M2002 "Environmental Park
Remediation".
STRATEGIC PRIORITY:
In funding the repairs of the boardwalk at Moccasin Lake Park we are
accomplishing Objective 1.2, maintaining public infrastructure; and 2.3,
promoting Clearwater as a premier destination for cultural experiences and
tourism. Moccasin Lake Nature Park will continue to be a premiere facility that
allows residents and visitors to enjoy a natural green environment, an oasis in
the urban environment.
In response to a question, Parks & Recreation Assistant Director Matt
Anderson said staff anticipates the project will be completed by the end of
the summer.
4.2 Approve Twelfth Amendment to Lease Agreement between Chi Chi Rodriguez Youth
Foundation and the City of Clearwater to increase the length of the Agreement by ten
years, from November 13, 2035 through November 12, 2045, and to complete additional
renovations and improvements by the Foundation, and authorize the appropriate officials
to execute same. (consent)
The relationship between the City of Clearwater (City) and the Chi Chi
Rodriguez Youth Foundation (Foundation) dates to the early 1980's with the
Foundation operating the Glen Oaks Golf Course on Court Street. On
November 12, 1985, a new agreement was approved that allowed the
Foundation to develop an 18-hole golf course in Countryside at 3030 McMullen
Booth Road known as the Chi Chi Rodriguez Golf Course.
The Foundation has developed and operates a golf course on the leased
property that furthers its mission to mentor at-risk school children through the
provision of in-school, after-school and summer programs. It also offers the
opportunity for affordable, recreational golfing to citizens and visitors of
Clearwater.
The Foundation also transformed a driving range on the east portion of the
leased property into an attractive public, family-oriented driving range that
provides additional recreational opportunities to citizens of the City and other
members of the public.
The Foundation recognizes the need to replace the 40 year old irrigation system
on the golf course and provide a new irrigation system for the driving range.
They are willing to invest more than $1.9 million over the next two years for this
project.
Staff recommends amending the current agreement for an additional ten years
in exchange for the Foundation to make the improvements to the course.
Page 4
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
STRATEGIC PRIORITY:
In approving this 12th amendment to the 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; 2.2, cultivating a business climate that welcomes
entrepreneurship; and 2.3, promoting Clearwater as a premier destination for
cultural experiences and tourism. The Foundation has been a close and
reliable City and Pinellas County Schools partner dedicated to educating
students in a public-private partnership and improving their academic
performance, self-esteem, and character using the golf course as a living
classroom.
4.3 Approve a Purchase Order to Smith Fence Company, of Clearwater, FL, to provide
fencing and related services, in the total not-to-exceed amount of$1,200,000 through
February 14, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c),
Piggyback or cooperative purchasing, and authorize the appropriate officials to execute
same. (consent)
On May 5, 2022, Council approved a purchase order to Smith Fence Company
to provide fencing and related services, through June 22, 2026, based on a
cooperative bid with Pinellas County Board of County Commissioners for
contract number 21-0031-B-BW for$2,200,000.
On October 28, 2022, Pinellas County Bid No. 23-0054-ITB was issued to
replace contract number 21-0031-B-BW. The Pinellas County Board of County
Commissioners awarded contract number 23-0054-ITB to Smith Fence
Company on February 14, 2023, for a three-year contract expiring February 14,
2026.
Due to Pinellas County ending contract number 21-0031-B-BW, the City can no
longer use this contract for purchase of fencing, gate operators, handrails, and
related services. Therefore, staff is requesting to use the new cooperative bid
#23-0054-ITB in the total not to exceed amount of$1,200,000 through February
14, 2026.
Primary utilization of fencing services is by the Parks and Recreation
Department for temporary fencing associated with special events, construction
projects, and permanent fencing around recreation and athletic facilities. Other
city departments utilize fencing services for repairs and project work on an
as-needed basis.
APPROPRIATION CODE AND AMOUNT:
Funding for these contracts is available in Fiscal Year 2023/2024 departmental
budgets in various operating and capital codes and will be budgeted accordingly
in future fiscal years.
STRATEGIC PRIORITY:
Page 5
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
The continuance/transference of the current Purchase Order for fencing and
related services is supported by Strategic Plan Objectives 1.2, maintaining
public infrastructure; 1.4, fostering safe and healthy communities; and 2.3,
promoting Clearwater as a premier destination for cultural experiences and
tourism.
4.4 Authorize an increase to existing purchase order with Cintas Corporation of Cincinnati,
OH for the purchase of first aid and safety supplies and services, rental and purchase of
uniforms, facility services and fire protection services from $2,000,000 to $3,850,000
pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback purchasing,
through Omnia Partners Contract No. R-BB-190002 and authorize the appropriate
officials to execute same. (consent).
On June 8, 2023, the City Council approved a purchase order with Cintas
Corporation, for the acquisition of first aid and safety supplies and services, as
well as the rental and purchase of uniforms, facility services, and fire protection
services in the approved not to exceed amount of$2,000,000 through October
31, 2027, with the primary objective of addressing citywide needs across all
departments. The estimate was formulated based on the anticipated usage by
key departments such as Parks and Recreation, Public Utilities, and General
Services.
Following the noted Council approval, above, various city departments began
using Cintas due to the benefits of improved pricing and streamlined services,
necessitating this increase to the current purchase order. This increase
enables departments to consistently procure products and services at
competitive rates throughout the agreement's duration of October 31, 2027.
As of December 2023, approximately $272,000 has been spent on this
purchase order.
Throughout the contract term, there will arise occasions when additional goods
and services are required. To accommodate this, staff proposes removing the
limitations of an annual cap, and imposing a flexible, rolling amount and
maintaining the availability of$3,850,000.00 throughout the agreement's entire
term.
An illustrative case involves General Services utilizing Cintas for fire sprinkler
inspections and other fire related services. With General Services consolidating
these services, it is anticipated to yield an estimated savings of$800,000.00
over the course of the contract period. Many departments have transitioned to
procuring their uniforms, as well as safety products from Cintas, foregoing retail
stores for the replenishment of their first aid kits and facility services as have
since been implemented at Coachman Park and The Sound.
To facilitate the requested increase in the purchase order, authorization will be
Page 6
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
pursued through the same procurement method and master agreement,
piggybacking the Omnia Contract for Prince William County Public Schools,
Contract No. R-BB-190002, valid until October 31, 2027.
APPROPRIATION CODE AND AMOUNT:
Funds are available in department operating budgets using this purchase order.
STRATEGIC PRIORITY:
The increase to the current purchase order with Cintas for first aid and safety
supplies and services, rental and purchase of uniforms, facility services and fire
protection services is supported by Strategic Plan Objectives 1.1, maintaining
municipal performance and promoting accountable governance; 1.2,
maintaining public infrastructure; 1.3, providing responsive level of service for
public facilities and amenities; 1.4, fostering safe and healthy communities; and
2.3, promoting Clearwater as a premier destination for cultural experiences and
tourism.
4.5 Approve list of City Events for reservation purposes only according to Section 3.11 of the
agreement between the City of Clearwater and Ruth Eckerd Hall, Inc. and authorize the
appropriate officials to execute same. (consent)
A venue license agreement between the City and REH was entered into in
December 2022 to program and operate the venue now known as The Sound.
Section 3.11 provided the opportunity for the City to reserve July 4, July 5, and
up to ten additional dates per calendar year for "City Events" without payment of
any rental or usage fees. However, the City would be responsible to reimburse
REH for any out-of-pocket operating expenses including the cost of all labor,
supplies, catering etc. in conjunction with the city events without markup or
profit.
On, May 4, 2023, the City Council approved a partial list of events to be held at
The Sound during Fiscal Year (FY) 2023 and 2024. Those events included
Martin Luther King Jr. Parade and Rally, two days for Clearwater Sea Blues
Festival, Publix Rock N Roll Marathon, Holiday Concert Event and Hispanic
Heritage Event.
At the September 18, 2023, council work session, a discussion was held
relating to programming events for Coachman Park and the ten days at The
Sound. Two public meetings were held by the Parks and Recreation board to
gain input from residents regarding events they would like to see in the park as
well as The Sound.
Based on this information and previously approved events by the council staff is
Page 7
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
recommending the following place holders for events to be held at The Sound
during the 2024/2025 FY. It should be noted that funding estimates have also
been provided in a separate document as these funds will need to be approved
by the council when the annual co-sponsorship events agenda item is
presented in April/May 2024.
1. October 2024 Hispanic Heritage Festival
2. December 2024 Holiday Event
3. January 2025 Martin Luther King Jr. Parade and Rally
4. February 2025 Sea Blues Festival Day One
5. February 2025 Sea Blues Festival Day Two
6. April 2025 Neighborhoods Day celebration at the Sound
7. May 2025 High School Graduation(s)
8. July 2025 Summer Camp Olympics and Back to School Event
9. TBD Concert by The Florida Orchestra
10. TBA Concert by The Florida Orchestra
Approval of this schedule of events will allow the City and REH ample time to
schedule the events to avoid conflicts with other programming by REH.
APPROPRIATION CODE AND AMOUNT:
Funding for these events will be addressed in a separate agenda item relating to
FY 2024/25 operating budget.
STRATEGIC PRIORITIES:
In approving this list of City Events at Coachman Park as noted, above, we are
accomplishing Objectives 2.1, strengthening public-private initiatives; 2.2
cultivating a business climate; 2.3, promoting Clearwater as a premier
destination for cultural experiences and tourism; 3.1, supporting neighborhood
identity through services and programs that empower community pride and
belonging; and 3.4, inspiring citizen participation through civic engagement and
volunteerism to build strong, inclusive, and engaged communities. Downtown
Clearwater and specifically Coachman Park has been and will continue to serve
as a premiere destination for residents and tourists alike and host to a variety of
shows and cultural- and community-reinforcing events and celebrations. The
events listed above embody, in part, the spirit and diversity of the City of
Clearwater and are supported by the noted Strategic Plan Objectives.
Parks and Recreation Director Art Kader requested the item be tabled to a
later date when staff can present an amendment to the agreement.
There was council consensus to table the item.
5. Police Department
5.1 Reappoint Jeffrey DiVincent to the Board of Trustees Clearwater Police Officers'
Page 8
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
Supplementary Pension Trust Fund with a term to expire January 31, 2028. (consent)
The Clearwater Police Officers' Supplemental Trust Fund is the recipient of
monies obtained by the state of Florida from insurance companies doing
business in the community. These monies are required to be administered by a
Board of Trustees whose composition must consist of two legal residents of the
city appointed by the City Council; two police officers elected by the officers;
and a fifth member chosen by a majority of the other four members and
submitted to the City Council for appointment. The Board of Trustees is solely
responsible for the administration of the trust fund.
A meeting of the Board of Trustees was held December 20, 2023, and Jeffery
DiVincent was chosen by a majority vote of the other four members. Mr.
DiVincent agreed to serve another four-year term as the fifth Trustee for the
term February 1, 2024 through January 31, 2028. The Board of Trustees of the
Clearwater Police Officers' Supplementary Pension Fund recommends that Mr.
DiVincent be appointed to the Board of Trustees.
5.2 Approve a five-year renewal agreement between the City of Clearwater and American
Traffic Solutions, Inc., doing business as Verra Mobility Systems, for the Red-Light
Camera Enforcement Program in the amount of$768,600.00 pursuant to Clearwater
Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate
officials to execute same. (consent)
Since 2011, the Clearwater Police Department has utilized red-light-camera
technology through American Traffic Solutions, Inc., doing business as Verra
Mobility Systems, for the Red-Light Camera Enforcement Program with three
cameras at three intersection approaches: eastbound Chestnut Street at South
Fort Harrison Avenue, westbound Gulf-to-Bay Boulevard at Belcher Road, and
eastbound Gulf-to-Bay Boulevard at Belcher Road.
Under the terms of this agreement, the City of Clearwater and Verra Mobility
Systems would enter into a five-year agreement beginning on the date of the
signed agreement.
The financial terms of the agreement are the same as the existing agreement
and are locked in for the duration of the agreement. The city would continue to
pay Verra Mobility Systems $4,270.00 per month per camera for 1-6 cameras,
or $4,100.00 per month per camera for 6 or more cameras. With the three
cameras currently being utilized, the cost equates to $12,810.00 per month,
$153,720.00 per year, and $768,600.00 for the entire five-year agreement.
Page 9
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
With this new agreement, and at no additional cost, is the upgrade of the
existing red-light camera technology and the addition of three Flock automated
license plate reader (ALPR) cameras at locations determined by the police
department. Operation of the Flock cameras will be accomplished through the
department's existing agreement with Flock.
The pricing included in this agreement with Verra Mobility Systems is
piggybacking off the Houston-Galveston Area Council (H-GAC) contract
PE05-21.
APPROPRIATION CODE AND AMOUNT:
Funding for this contractual agreement is included in the Police Department's
fiscal year 2024 operating budget for Contractual Services, cost code
0101139-530300. Future fiscal year funding will be required through the annual
Operating Budget Process.
STRATEGIC PRIORITY:
This project is relevant towards accomplishing the strategic goal of a High
Performing Government, specifically strategic objective 1.4 to foster safe and
healthy communities in Clearwater through first-class public safety and
emergency response services.
In response to questions, Deputy Police Chief Michael Walek said the new
agreement provides three additional license plate readers at no cost.
6. Planning
6.1 Adopt Ordinance 9721-24 on second reading, repealing the Clearwater Comprehensive
Plan and replacing it with Clearwater 2045. (CPA2023-06001)
Proposed Ordinance 9721-24 repeals the current Clearwater Comprehensive
Plan that was adopted May 18, 2000, and subsequently amended, and replaces
it with a new plan, Clearwater 2045. Clearwater 2045 is an extensive rewrite of
the Comprehensive Plan with significant restructuring and moves away from
the current use of elements by dividing the plan into six chapters: Quality
Places, Mobility, Parks & Public Places, Conservation & Coastal Management,
Support Services, and Plan Implementation.
On October 18, 2023, the Clearwater City Council approved on first reading the
repeal and replacement of the city's Comprehensive Plan. As required by
Florida Statutes, the proposed amendment was submitted to the Florida
Department of Commerce (DOC) and other required State agencies and
Pinellas County for review and comment.
The Planning and Development Department received responses from the DOC,
Florida Department of Transportation, Florida Department of Environmental
Page 10
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
Protection, and Southwest Florida Water Management District (SWFWMD)
stating they had no comments on and/or objections to the proposed
amendment, Clearwater 2045.
Clearwater 2045 is being provided for adoption without changes except for
minor modifications to correct typos, formatting, and grammatical errors that
would be considered scrivener's errors.
STRATEGIC PRIORITY:
Clearwater 2045, through its goals, objectives, and policies, provides support
for four of the five goals of the city's Strategic Plan: High Performing
Government, Economic& Housing Opportunity, Community Well-Being, and
Environmental Stewardship.
In response to questions, Planning and Development Director Gina Clayton
said the development rights are not being used now, as the application is in
a holding pattern. The applicant intends to change the existing suites into
smaller units, which requires a site plan review before going before the
Community Development Board.
6.2 Approve amendments to the Community Development Code, reestablishing certain
previously rescinded amendments determined to be null and void pursuant to Florida
Senate Bill 250 (2023) through Ordinance 9712-23, and pass Ordinance 9740-24 on first
reading.
City Council approved Ordinance 9643-23 on April 4, 2023, making a variety of
amendments to the Community Development Code. Subsequent to this
approval, the Florida Legislature prepared Senate Bill 250, which the Governor
signed into law on June 28, 2023. Senate Bill 250 placed certain restrictions on
municipalities entirely or partially within 100 miles of where either Hurricanes Ian
or Nicole made landfall. More specifically, the bill stated that municipalities may
not "propose or adopt more restrictive or burdensome amendments to their
comprehensive plan or land development regulations" prior to October 1, 2024,
and applied this restriction retroactively to September 28, 2022. The bill further
declared that any such amendment "shall be null and void ab initio".
Portions of Ordinance 9643-23 were determined to potentially be "more
restrictive or burdensome." Ordinance 9712-23, adopted on November 2, 2023,
rescinded those sections of the Community Development Code, reverting to the
codified language that existed prior to April 4, 2023 (i.e., when Ordinance
9643-23 was adopted).
In early November 2023, the Florida Legislature held a special session in which
House Bill 1-C was prepared and signed into law by the Governor on November
13, 2023. House Bill 1-C amended the area of applicability established by SB
250 from 100 miles of landfall of Hurricanes Ian or Nicole to specific counties, of
which Pinellas was not included. Due to this, the "more restrictive or
Page 11
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
burdensome" limitations no longer apply to the city. Proposed Ordinance No.
9740-23 reestablishes the various standards rescinded in November.
The Planning and Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
further the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report.
The Community Development Board, in its capacity as the Local Planning
Agency (LPA), will review the proposed amendments to the Community
Development Code at its meeting on January 18, 2023. Staff will report its
recommendation at the City Council meeting.
STRATEGIC PRIORITY:
These proposed amendments support the Community Well-Being goal of the
city's Strategic Plan by providing amendments to the Community Development
Code that aim to increase aesthetic appeal and livability within the city.
6.3 Accept the annual report of the status of Transfers of Development Rights (TDRs).
(consent)
Pursuant to Community Development Code Section 4-1403.H, a record of
Transfers of Development Rights (TDRs) must be maintained and reported
annually to the City Council and the Pinellas Planning Council (Forward
Pinellas).
A Transfer of Development Rights (TDR) is the conveyance of development
rights by deed, easement, or other legal instrument from a parcel or parcels of
land (the sending site) to another parcel or parcels of land (the receiving site).
Transfer of Development Rights are enabled through the Countywide Rules and
are governed by Article 4, Division 14 of the City's Community Development
Code (Code). The Code sets forth the requirements for the conveyance of the
development rights, certain limitations to how much and where additional
development potential can be used, and the process for approval to use any
TDRs through a Level Two Flexible Development (FLD) application and
approval by the Community Development Board (CDB). The Code prohibits
TDRs to or from parcels in the Low Density Residential (LDR) or Low Medium
Density Residential (LMDR) Districts, as well as into the coastal storm area
from outside of the coastal storm area. Additionally, properties located within the
city's redevelopment areas (governed by Beach by Design, Clearwater
Downtown Redevelopment Plan, or US 19 District) may only transfer
development rights to another property within the same plan area. Through this
program, development rights may be sold by one property owner (sending site)
to be used by another property owner (receiving site), which would allow the
receiving site to utilize the extra density or intensity on the receiving site; it does
not create new density or intensity, but rather shifts where it may be used,
Page 12
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
pursuant to the standards in the Code.
There have been no additional TDR applications approved since last year;
however, two applications have been submitted and are currently in review.
Case TDR2023-05001 proposes to transfer 25 hotel units from 830 Bayway
Boulevard to 301 S. Gulfview Boulevard, and case TDR2023-08001 proposes to
transfer 1 hotel unit and 2 dwelling units from 692 Bay Esplanade and 64
Somerset Drive to 685 Bay Esplanade.
Since 1999, 37 TDR applications have been submitted to the Planning and
Development Department for consideration by the Community Development
Board. The statuses of those applications are as follows:
• 11 have been completed and built
• 6 applications were approved but the associated projects have not been
constructed
• 17 TDR applications have expired as the projects were not constructed
within the required timeframe
• 1 application was denied
• 2 applications are currently in review
STRATEGIC PRIORITY:
This report supports the High Performing Government goal of the city's
Strategic Plan by providing an evidence-based measurement tool to promote
accountable governance.
7. Marine & Aviation
7.1 Approve 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.
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. Separating the parking lot construction from the terminal building
construction allows for the use of 80% funding from FDOT instead of 50%
funding allowed for the construction of the terminal building.
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
Page 13
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
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.
In response to a question, Marine and Aviation Director Mike MacDonald
said staff is currently working on the work order. The terminal construction
grant is expected in July.
7.2 Approve 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.
FDOT JPA Agreement G2086 provides for an 80% grant for the Geo Tech and
Survey work, with a 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 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 FlyUSA
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.
Page 14
City of Clearwater
Council Work Session Meeting Minutes January 16, 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 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.
7.3 Amend Clearwater Code of Ordinances, Chapter 33, Waterways and Vessels by
amending Article I In General, Article II City Owned Docking Facilities, and Article III
Vessels and creating a civil penalty for unpermitted use of city owned marine facilities for
a commercial use and pass Ordinance 9741-24 on first reading.
Chapter 33 Waterways and Vessels sets forth the rules and use regulations
that govern all City of Clearwater waterways, the conduct of all persons using
such waterways and city owned marine facilities. These Articles have not been
amended or updated since 2010. This Ordinance is needed to clarify, modify,
and revise use regulations for the marine facilities and the conduct that occurs
at the facilities. These changes are as follows:
Sec. 33.002 - Updates to the definition of City Owned Marine Facility,
commercial use, live-aboard vessel and recreational vessel.
Sec. 33.006 - Update to the late-fee policy in compliance with current
marina leases.
Sec. 33.004 - Removes any exception to the prohibition of jumping or
diving from city owned docks, piers and bridges.
Sec. 33.023 - Update to rental areas and specific uses to include new
definition of City-owned marine facility.
Sec. 33.024 - Update to permitted uses of Marine facilities and docking
spaces to include the new definition of City-owned marine facility.
Sec. 33.026 - Update to uses without a permit of Marine facilities and
docking spaces to include the creation of a civil fine for commercial activity in a
city owned marine facility.
Sec. 33.027 - Update to the authority of the harbormaster to revoke
permits or registrations within a city-owned marine facilities.
Sec. 33.029 - Update to the late fee policy for payment of dockage fees.
Page 15
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
Sec. 33.030 - Update to the failure to pay a fee policy for dockage fees.
Sec. 33.031 - Update to the regulation of the sale of petroleum products
within the Clearwater Municipal Marina.
Sec. 33.054 - Update to the parking and storage policy of City-Owned
Marine facilities to include new definition of City-owned marine facility.
Sec. 33.055 - Update to the prohibited mooring, beaching or placing of
vessel to include new definition of City-owned marine facility.
In response to a question, Marine and Aviation Director Mike MacDonald
said the illegal charters referenced in the ordinance do not have a license
agreement.
7.4 Approve 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.
FDOT JPA Agreement G2080 provides for an 80% grant for the Design of new
Corporate Hangars, with a 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 FlyUSA 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.
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.
7.5 Approve Joint Participation Agreement (JPA) G2S67 between the City of Clearwater and
the State of Florida Department of Transportation (FDOT), adopt Resolution 24-04,
authorize a transfer from Airpark Fund revenues of$12,840.00, and authorize the
Page 16
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
appropriate officials to execute same.
FDOT JPA Agreement G2S67 provides for 80% grant funding for the Clearwater
Airpark Vegetation Removal for GPS approach, with Airpark Reserves providing
a 20% match. This agreement provides for the removal of vegetation at the
northwest portion of the property to comply with FAA regulation regarding GPS
approach. The project cost is $64,200.00 with FDOT contributing $51,360.00,
Airpark Fund providing a $12,840.00 match.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will increase capital improvement project
94817, Airpark Maintenance and Repair, by $64,200 representing grant revenue
of$51,360 and a transfer of$12,840 of Airpark Fund revenues to 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 & 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. Public Utilities
8.1 Approve a Change Order to TLC Diversified, Inc. of Palmetto FL, to extend the project
completion by 180 days, from May 28, 2024 through November 28, 2024, and authorize
the appropriate officials to execute same. (consent)
Due to age and increasing capacity requirements identified in the Wastewater
Collection System Master Plan, Lift Station 16 requires replacement. The work
consists of demolishing the current lift station and constructing a new 4.9 MGD
lift station located at the Western end of Pierce Street.
Public Utilities Department issued ITB 20-0008-UT which closed on March 22,
2023. TLC Diversified, Inc. of Palmetto, FL bid $7,933,000.00 and was the
lowest and only responsible bid received in accordance with the plans and
specifications.
The original City Contract specifies 270 calendar days to complete the entire
Page 17
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
Project. Council approval is required to extend the original contract time by 180
calendar days with a new final project completion of November 28, 2024. The
increase is mainly due to multiple factors that are out of TLC Diversified, Inc.'s
control, that include the global supply crisis, shipping delays, global shortages,
as well as manufacturing delays from component manufacturers.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the sanitary sewer collection system.
APPROPRIATION CODE AND AMOUNT:
No funding required.
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, approval of change order to extend the project completion
by 180 days is requested.
8.2 Approve a Work Order and purchase order to Black and Veatch (B and V), of Tampa, FL
for Engineering support for the Northeast Water Reclamation Facility Digester Cover
Repair Project (23-0013-UT) in the amount of$178,000.00 pursuant to RFQ 34-23, EOR
Consulting Services and authorize the appropriate officials to execute same. (consent)
The City utilizes an anaerobic digester at its Northeast (NE) Water Reclamation
Facility (WRF) that converts organic matter into stabilized biosolids and
methane (or biogas). The digester at NE WRF was releasing small amounts of
methane into the atmosphere through suspected leaks in its floating cover. The
methane produced by the digester is flammable and when mixed with air, can
create explosive conditions.
The NE WRF digester has been temporarily stabilized by installing a flame
arrestor and this work order for B&V will start the engineering design for
permanent repairs.
The work order includes engineering design for repairs to the floating cover,
locating digester valves for replacement, and recommending modifications to
convert an aerobic digester for use while repairs on the anaerobic digester are
being completed. B&V is an EOR for the City approved by Council on July 20,
2023.
Black & Veatch was selected due to the ability of their professional personnel
(project managers), past performance on the WRF Master Plan and the AWIA
project and other high-profile projects. Black & Veatch has a lot of experience
designing and supervising construction of Water Reclamation Facility projects.
Their ability to deliver a quality product, meeting designated timelines, and doing
it professionally sets them apart from the other firms. They have experience and
understanding of our Water Reclamation Facilities.
Page 18
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
APPROPRIATION CODE AND AMOUNT:
3277327-546900-96664
Funds are available in capital improvement project 327-96664, Water Pollution
Control R&R, to fund this contract.
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining environmental resources through systematic
management efforts, approval of a Work Order and purchase order to Black &
Veatch is requested. The project also aligns with the City's strategic goals of
Community Well-Being and Environmental Stewardship.
8.3 Approve a Work Order and purchase order to Black and Veatch, of Tampa, FL, for 2024
Project Management Services (23-0044-UT) in the amount of$495,000.00 pursuant to
RFQ 34-23, EOR Consulting Services and authorize the appropriate officials to execute
same. (consent)
One of Utilities Engineering responsibilities is managing the Public Utilities
Department's Capital Improvement Plan (CIP) projects. Due to the abundance
of CIP projects and limited staff resources, additional project management
support is needed. There is a significant amount of capital projects that Public
Utilities needs to accomplish within the next 10 years, but does not have the
resources to perform the project management. This work order will help get
Public Utilities additional project management personnel for the projects over
the next 16 months.
Black & Veatch is an EOR for the City approved by Council on July 20, 2023,
and will provide project management support in compliance with CCNA, F. S. §
287.055.
Black & Veatch was selected due to the ability of their professional personnel
(project managers) and past performance on similar projects. Black & Veatch
has significant experience managing other engineers and contractors in the
interest of the City. They deliver a quality product, meet designated timelines,
and do so in a professional manner. They have experience and understanding
of Clearwater's Facilities.
APPROPRIATION CODE AND AMOUNT:
4211345-530100 Professional and Contractual Services
Page 19
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, approval of a Work Order and purchase order to Black &
Veatch is requested.
9. City Clerk
9.1 Appoint Juliet Marvenko to the Pension Advisory Committee to fill the remainder of an
unexpired term through April 1, 2024. (consent)
At the November 13, 2023 work session, council directed staff to seek
applications from interested citizens with medical and financial backgrounds to
fill the remainder of the Mayor's term. There is one application on file.
APPOINTMENT WORKSHEET
BOARD: Pension Advisory Committee
TERM: 2 years (no limit)
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: 3 members who are active employees and plan
participants; 3 members who are city councilmembers or council appointees; 1
member elected by 6 members.
MEMBERS: 7
MEETING DATES: 2nd Thursday of each month; 9:00 a.m. - Council Chambers
APPTS. NEEDED: 1
THE FOLLOWING NAME IS BEING CONSIDERED TO FILL THE VACANCY:
1. Juliet Marvenko - 1717 Coachmakers Lane, 33765 - Marketing
9.2 Appoint individuals to the Nuisance Abatement Board with terms as follows: one
individual to fill an unexpired term through September 1, 2027, one individual to an
unexpired term through June 29, 2024, and appoint one individual to a term through
January 19, 2028.
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 3 (two unexpired terms and one full term)
Purpose: The Nuisance Abatement Board will be composed of seven city
Page 20
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
residents who will conduct hearings on public nuisance cases associated with
prostitution and drug-related activities on known properties throughout the City.
THE FOLLOWING BOARD MEMBERS HAVE RESIGNED:
1. Frank Persechino - 628 Cleveland Street, Apt. 1404, 33756 - Medical
Research Business Owner
Original appointment: 2/4/2021(unexpired term)
(currently serving 1st term through 9/1/2027; Resigned 1/3/24)
2. MaryAnne Lane - 3030 Homestead Court, 33759
Original appointment: 12/15/2016
(currently serving 2nd term; Resigned 10/10/23)
3. Leslie Lightsy - 927 Marshall Street, 33755
(completed unexpired term through 8/31/2023)
THE NAME(S) BELOW ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. John Carey - 1504 Laura Street, 33755 - Retired IT Manager
2. Chelsea Gird - 407 Pennsylvania Avenue, 33755 - Self Employed
Note - Ms. Gird is currently serving on the Civil Service Board.
3. Jonathan Wade - 1312 N Madison Avenue, 33755 - Retired Social
Worker
Zip codes of current members:
2 at 33755
2 at 33756
10. City Attorney
10.1Approve an agreement for State Lobbying Services with the law firm of Jones Walker,
maintaining Peter Dunbar and Martha Edenfield as primary lobbyists.
In 2020, the City issued a Request for Qualifications to the Law Firm of Dean,
Mead & Dunbar to provide State Lobbying Services. The primary lobbyists
under the agreement pursuant thereto were Peter Dunbar and Martha Edenfield,
who have moved to a new firm, Jones Walker.
This agreement transfers the provisions of the original agreement to the new
firm, to remain with Peter Dunbar and Martha Edenfield as primary lobbyists.
The term of the agreement is from January 18, 2024 through September 30,
2024.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 010-09600, 530100, Professional Services, to
fund this contract.
Page 21
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
10.2Adopt Ordinance 9729-23 on second reading, vacating two easements requested by the
property owner, City of Clearwater, as affecting real property at 112 S Osceola Ave,
Clearwater as further defined by Exhibit A, Utility easement per Resolution 86-17
recorded in O.R. Book 6179 Page 299, and Exhibit B, 15-foot Alley recorded in Deed
Book 1536 Page 21, as recorded in the Public Records of Pinellas County, Florida.
The Mayor departed chambers at 2:17 p.m. and returned at 2:20 p.m.
11. City Manager Verbal Reports
11.1 PSTA Transit Center Update
Planning and Development Director Gina Clayton said the Downtown code
does not address this type of facility. She said there is still a lot of work
remaining, as the project is currently at 30% design. The most challenging
issues are the site elevation and Duke Energy poles. She said PSTA will
have to resolve those issues. Staff has requested Duke Energy provide an
estimated cost to underground the utilities.
In response to a question, the City Attorney said the city can close on the
parcel when the City Manager provides that directive. The current contract
identified closing in October, both parties are in agreement to continue
working on the issues. City staff may continue moving forward if PSTA
provides an email confirming agreement, ensuring all are on the same page.
12. City Attorney Verbal Reports — None.
13. 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 said she would like to provide a Continuum of Care
update at the next meeting.
Mayor Aungst expressed concerns regarding questions and complaints he
received from residents after receiving correspondence from Councilmember
Beckman. He said some of emails did not follow council policy and that the
correspondence appeared to be campaign related activity. He expressed
concerns that the letter targeted female residents of a certain age who were
associated with a specific political party.
In response to question, the City Manager said staff reviewed the letter but
Page 22
City of Clearwater
Council Work Session Meeting Minutes January 16, 2024
she was not aware that the letter was going to be sent to residents.
Councilmember Beckman said she has been in office for four years and ran
on a platform to engage individuals. She has maintained a database of the
individuals she has interacted with and maintains a councilmember website
and newsletter. She said she sent letters on city letterhead throughout her
term. Many residents asked her to come out and witness the problems
regarding flooding on north Clearwater beach, she promised to remain in
touch. She shared the letter with the city manager to make sure it was
accurate. She said her job as councilmember does not stop because she is a
political candidate.
The City Attorney said, under the election code, one would argue if this type
of letter qualified as an expenditure under campaign law. The city attorney
would not file the complaint. He said the State Election Commission would
investigate a filed complaint. As it relates to council policies, the rule
regarding the use of council letterhead is vague and it may be time to to
update the policy.
In response to questions, the City Manager said she did not see the list of
recipients. Assistant City Manager Daniel Slaughter said he reviewed the
letter for accuracy.
Discussion ensued with consensus to schedule a council discussion
regarding the use of council letterhead. The City Attorney said he will provide
Council with options.
14. Closing Comments by Mayor— None.
15. Adjourn
The meeting adjourned at 3:04 p.m.
Page 23
City of Clearwater