01/29/2024 Council Work Session Meeting Minutes January 29, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, January 29, 2024
1 :30 PM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes January 29, 2024
Roll Call
Present 4 - Mayor Brian Aungst Sr., Vice Mayor Mark Bunker,
Councilmember Kathleen Beckman, and Councilmember Lina
Teixeira
Absent 1 - Councilmember David Allbritton
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. City Manager
2.1 Approve the City Manager's recommendation to reorganize the Office of Innovation, to
discontinue that Department and to establish a General Services Department; pursuant to
City Charter Section 3.03 (b) of the City Charter. (consent)
The City Manager has completed a review of the organization and identified
several changes to the organizational structure. Included in this reorganization
is the discontinuing of the Office of Innovation, and the creation of a General
Services Department.
Although the Office of Innovation will be eliminated, all organizational
components will remain but be reassigned. The Sustainability Division will
become an organizational component in the Public Works Department. The
Neighborhoods Division will report directly to the Office of the City Manager.
General Services will become an individual department. Information
Technology will remain a department and report to the City Manager.
The City Manager has provided the new city organizational chart, there are no
additional positions being requested at this time as a result of this
reorganization. These movements will improve efficiency and productivity.
STRATEGIC PRIORITY:
High Performing Government, Community Wellbeing, Environmental
Stewardship and Superior Public Service
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Council Work Session Meeting Minutes January 29, 2024
3. Public Works
3.1 Ratify and confirm a $20,000.00 increase for December 2023 services, approve a
$188,000.00 increase to the existing service agreement with ParkMobile, LLC. of
Atlanta, GA, for pay by cell phone technology, for a revised not-to-exceed amount of
$724,000.00 and authorize the appropriate officials to execute same. (consent).
For the previous six years, Clearwater has contracted with ParkMobile to
provide pay by cell phone technology allowing users of City controlled parking
spaces to pay for parking with their mobile device.
On February 16, 2023, City Council approved the current agreement with
ParkMobile in the amount of$500,000.00 for pay by cell phone technology,
piggybacking off of the National Cooperative Purchasing Alliance (NCPA)
contract# 05-50. The contractual fee for this service is $0.40 per transaction,
which is passed on to the consumer. The City collects these funds, along with
the hourly parking rate and reimburses the transaction fees to ParkMobile
monthly.
The Parking Division estimated service fees of$167,000.00 annually however
the number of transactions throughout the City have exceeded estimates due in
part to the opening of Coachman Park. On December 19, 2023, the City
Manager approved an administrative change order in the amount of$16,000.00
for November 2023 fees bringing the amount to $516,000.00. The requested
$20,000.00 ratify and confirm portion will cover December 2023 services and
the remaining $188,000.00 will cover the increased transactions estimate
through 2025.
APPROPRIATION CODE AND AMOUNT:
4351333-530300 $208,000.00
Funds are available in cost code 4351333-530300, Parking System Contractual
Services, in the amount of$160,000.00 for Fiscal Year 2024 Increase and
$48,000.00 increase will be budgeted in Fiscal Year 2025 to fund this contract.
STRATEGIC PRIORITY:
4. Fire Department
4.1 Approve the Federally Funded Subaward and Grant Agreement for public assistance
support for Hurricane Idalia expenditures and grant authority to the City Manager or
designee to enter into, approve, and execute same and any future modifications for
Hurricane Idalia expenditures. (consent)
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Federal Emergency Management Agency's (FEMA) Public Assistance program
is a Federal grant to aid State and Local governments in returning a disaster
area to pre-disaster conditions.
A Request for Public Assistance (RPA) was submitted and approved. FEMA
and the State share the responsibility for making Public Assistance funds
available to the Subgrantee/Subrecipient. It is now necessary for the City of
Clearwater, as the Subgrantee/Subrecipient, to enter into the Agreement with
the Florida Division of Emergency Management (the Grantee/Recipient) in order
to participate in this grant program.
Under the funding process, recipients may receive modifications awarding
additional funding as approved by the State of Florida, Division of Emergency
Management. It will be beneficial for the City to allow the City Manager, or
designee, to execute any future modifications in order to provide for efficient and
timely processing of the modifications and acquire judicious funding.
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
5. Public Utilities
5.1 Award a Construction Contract to C and T Contracting Services, LLC of Tampa, FL, for
the East Water Reclamation Facility (WRF) Influent Pump Station Rehabilitation Project in
the amount of$2,840,530.00 pursuant to Invitation to Bid (ITB) No.13-0016-UT; approve
Supplemental Work Order 5 to Ardurra Group, Inc of Tampa, FL for Construction
Engineering Services in the amount of$431,536.00, increasing the work order from
$392,575.00 to $824,111.00; and authorize the appropriate officials to execute same.
(consent)
On October 25, 2023, Public Utilities issued ITB No. 13-0016-UT which closed
on December 6, 2023. C&T Contracting Services, LLC of Tampa, FL, was the
lowest and only responsible bid received in accordance with the plans and
specifications. After reviewing the contractor bid, the EOR and city recommend
awarding the contract to C&T Contracting Services, LLC in the amount of
$2,840,530.00.
On July 19, 2012, City Council awarded RFQ 16-12 Engineer of Record
Consulting Services and King Engineering Associates, Inc. was one of the
awarded firms.
June 14, 2013, the City Manager approved the initial work order to EOR King
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Council Work Session Meeting Minutes January 29, 2024
Engineering Associates, Inc. to provide a preliminary design for the rehabilitation
of the East Water Reclamation Facility Influent Pump Station in the amount of
$35,632.00.
December 24, 2015, the City Manager approved Supplemental Work Order 1 to
provide design of a new influent sewer structure upstream of the Influent Pump
Station as required for the temporary by-pass of the Influent Pump Station
during its rehabilitation in the amount of$23,203.00 for a new work order value
of$58,835.00.
November 15, 2018, City Council approved Supplemental Work Order 2 to
perform miscellaneous engineering evaluations with regards to the influent flow
meter, wet well baffle, performing additional Subsurface Utility Engineering
(SUE) work and providing design services for miscellaneous improvements to
the IPS in an amount of$110,130.00 for a new work order value of$168,965.00.
In 2018, King Engineering Associates, Inc. and Ardurra Group merged. A new
consulting services contract was awarded under RFQ 26-19, approved by City
Council June 20, 2019.
In late 2019, the City met with Ardurra Group, Inc. and identified additional
improvements including the need for additional SUE, demolition of the odor
control system to provide access to construct the new by-pass structure, grit
overflow piping modifications, arc flash, and flood resiliency. Other items
include estimating the historical value of assets removed and permitting
support. On November 18, 2021, City Council approved Supplemental Work
Order 3 which included the additional design efforts associated with the
improvements in the amount of$187,966.00 for a new work order value of
$356,931.00.
In July 2022, the City met with Ardurra Group, Inc. and identified additional
engineering work to include in the following design documents: demolition of the
abandoned equipment in the Sludge Handling Building, incorporation of the
Pulsair Mixing System in the existing wet well, all electrical design associated
with Pulsair Mixing System, and an estimation of the value of demolished and
removed equipment in the Sludge Handling Building. On January 26, 2023, City
Manager approved Supplemental Work Order 4 in the amount of$35,644.00
which was within the 10% approval of the latest Council approved item, for a
new work order value of$392,575.00.
Supplemental Work Order 5 for Ardurra, in the amount of$431,536.00,
includes construction management and limited field representative services for
the construction of the East WRF Influent Pump Station Rehabilitation Project.
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Council Work Session Meeting Minutes January 29, 2024
The Substantial Completion is expected to be completed in 15 months and the
Final Completion is expected to be completed in 16 months.
The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the sanitary sewer collection system.
APPROPRIATION CODE AND AMOUNT:
3217321-561300-96214
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, award of a Construction Contract to C&T Contracting
Services, LLC and approval of Supplemental Work Order 5 to Ardurra Group,
Inc. is requested. The project also aligns with the City's Strategic goals of
Community Well-Being and Environmental Stewardship.
6. Solid Waste
6.1 Declare list of vehicles and equipment surplus and authorize disposal through auction
pursuant to Clearwater Code Section 2.623(6) and (8) and authorize the appropriate
officials to execute the same.
On August 4, 2022, Council approved the Vehicle Replacement List for fiscal
year 2023 additionally on August 17, 2023 Council approved the Vehicle
Replacement List for fiscal year 2024 authorizing purchase of replacement
vehicles and equipment. This agenda item is requesting Council to declare
surplus the vehicles and equipment detailed to be replaced per the list and
authorize disposal via auction through Tampa Machinery Auction of Tampa, FL
pursuant to Section 2.623(6). Tampa Machinery Auction was competitively
solicited by Pinellas county under Contract NO. 190-0534-R(JJ) valid through
November 17, 2027. These vehicles and equipment have reached the end of
their useful and economic life. Factors used to determine the end of useful and
economic life include, but are not limited to; age, life to date, mileage/hours of
operations, historical maintenance cost as compared to like vehicles, operating
cost per mile/hour, anticipated and ongoing repairs, and physical condition.
Additionally, Fleet will continue to bring forward agenda items for vehicles and
equipment from the 2022/23 and 2023/24 Vehicle Replacement Lists as their
replacements are deemed road ready.
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
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resources, and historic features through systematic management efforts.
7. City Attorney
7.1 Revise the structure of the Downtown Development Board and pass Ordinance 9744-24
on first reading.
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). This draft reflects one possible iteration
of the DDB's future governance structure.
The City Attorney reviewed the proposed ordinance. The proposed
ordinance transfers control from the current structure to the City Council,
effective April 1, 2024. The remaining two seats will be held by individuals
elected at DDB's next election. He said the DDB Chair has requested council
consideration to wait for one year before implementing the changes. Should
Council decide to move forward, Council will need to figure out the meeting
schedule, which can be added to the CRA agenda. He said he will determine
if legal representation may be handled in-house or via outside counsel.
In response to questions, the City Attorney said after the two elected
members'term expire, Council will appoint individuals to the positions. He
said allowing the elected members continue serving provides continuity of
knowledge. The future appointees must still have ties to the Downtown (i.e.,
resident, property owner, or business owner), ensuring Downtown
stakeholders representation on the Board.
Discussion ensued with support expressed to proceed with the ordinance as
proposed. There was no council support to consider the DDB Chair's
recommendation.
7.2 Update to Council Policies relating to use of stationery.
During the Jan. 16 work session, Mayor Aungst requested an update to Council
policy and rules relating to the use of Council stationery or letterhead. The City
Attorney was asked to present a menu of options regarding potential updates.
After reviewing the current stationery options, and considering the perspectives
of each Councilmember, the City Attorney has identified at least three important
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Council Work Session Meeting Minutes January 29, 2024
aspects of the policy for Council to consider:
• The use of full Council stationery (which includes the names of all
Councilmembers) versus individual Councilmember stationery (making
no reference to other Councilmembers)
• Whether different rules should apply to the Mayor than other
Councilmembers
• The importance, if any, of placing special limitations on correspondence
sent by incumbent candidates during election or reelection campaigns
With these variables in mind, the following options are presented for Council
consideration:
Option #1: require Councilmembers, including the Mayor, to only use individual
stationery unless approved unanimously by the Council at a public work
session. Individual stationery shall not mention or reference any other
Councilmembers other than the author. Full Council stationery can be used
only when approved unanimously by the full Council on a case-by-case basis
during a public work session.
Option #2: allow the Mayor to use Council stationery without public permission
from Council. In all other respects, identical to Option #1.
Option #3: prohibit all Councilmembers, other than the Mayor, from using any
City stationery after the Councilmember has qualified for election or reelection
but prior to the election itself. This prohibition can be waived on a case-by-case
basis by a majority of the Council after a formal vote.
These options are illustrative rather than exhaustive. Council can direct staff to
adopt any of these three options, or Council can modify these options as it sees
fit.
Council Policy 5-7 relating to Stationery was last revised on November 3, 2022,
to add the phrase "to be used for official city business."
Discussion ensued with a suggestion made to suspend the use of council
stationary, except for the mayor, until the new council is installed.
There was no consensus to consider adopting the suggestion.
The City Attorney said, lacking council consensus, a motion will be needed
at the council meeting.
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Council Work Session Meeting Minutes January 29, 2024
7.3 Authorize the City Attorney to retain the law firm of Luke Charles Lirot, PA to represent the
City in multiple code violation cases, City of Clearwater v. Nicholas Bosstick, Case No.
23-11058-MO et seq., relating to Mr. Bosstick's violations of Section 28.10, Code of
Ordinances, as enforced pursuant to Section 1.12, Code of Ordinances, in an initial
amount not to exceed $4,000.00, approve the Legal Consultation Services Contract, and
authorize the appropriate officials to execute same. (consent)
On March 16, 2023, Council adopted Ordinance 9665-23, creating code section
28.10, which establishes a vehicle safety zone for the Bread and Roses
Woman's Health Center at 1560 S. Highland Avenue. Mr. Bosstick has
repeatedly violated this ordinance and has been issued multiple code violations.
Luke Lirot is currently representing the city in the First Amendment suit filed in
federal court.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600- 530100, Professional Services, to
fund this contract.
7.4 Approve amended purchase and sale agreement with Gotham Property Acquisitions,
LLC, and The DeNunzio Group, LLC and authorize the appropriate officials to execute
same. (consent)
In November 2022, Clearwater voters approved the sale and redevelopment of
two downtown properties to Gotham and DeNunzio (Buyers). In the first quarter
of 2023, the Buyers advised that as a result of changing market conditions,
significant funding gaps had emerged in the project. In April 2023, the Buyers
delivered a presentation to the City Council, at which the Buyers advised that
the funding gap was $80 million. During that presentation, the Buyers proposed
a combination of changes to the project that would fill the gap and allow the
project to proceed.
In response, the Council requested a comprehensive study to verify the extent
of the funding gap, and analyze the reasons behind it. City staff identified HR&A
Advisors as the best firm to conduct that analysis because HR&A has prior
experience evaluating economic conditions in downtown Clearwater, and HR&A
was highly recommended by Assistant City Manager Michael Delk. In October
2023, the City received HR&A's final report. The final report confirmed a funding
gap between $76 million -$80 million. HR&A's report was then
cross-referenced with two independent commercial appraisals obtained by the
City in November 2023. With the benefit of extensive and recent data, the City
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Attorney consulted with each Councilmember via 1 on 1 discussion, along with
senior city staff, to gauge the level of support for making the changes necessary
to allow the project to move forward. Through a combination of those
discussions, the City Attorney recommends approval of the revised purchase
and sale agreement (PSA). The key changes are summarized in the term
sheet attached to this agenda item.
If approved by Council, an amended development agreement (DA) will be
presented to the Community Development Board (CDB) for their consideration.
Afterward, an amended DA will be presented to the City Council for final
approval, likely in May 2024. The proposed amendments to the DA will be
consistent with the PSA.
The Mayor departed chambers at 2:06 p.m.
7.5 Adopt Ordinance 9716-23 on second reading, amending the Operating Budget for the
fiscal year ending September 30, 2023 to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Development Fund, Special Program
Fund, and Parking Fund.
In response to a question, Budget Director Kayleen Kastel said the decrease
in BTR (business tax receipts) and building sign revenues were to reflect the
actual receipts. Staffs projections were based on prior years.
7.6 Adopt Ordinance 9717-23 on second reading, amending the Capital Improvement
Budget for the fiscal year ending September 30, 2023, to reflect an increase of
$17,825,168.
7.7 Adopt Ordinance 9739-23 on second reading, amending the Code of Ordinances,
Chapter 32, Utilities, Article VIII, Gas, providing for the use of subcontractors in the
fulfillment of gas services, Amending Appendix A, Schedule of Fees, Rates and Charges,
Section XXV, Clearwater Gas System Fees, Rates and Charges, to revise rates in
accordance with the 2023 Cost of Service and Rate Study.
7.8 Adopt Ordinance 9740-24 on second reading amending the Community Development
Code Article 3, Development Standards, Parking and Loading Division, Article 4.
Development Review and Other Procedures, General Procedures division, Appendix B.,
US 19 Zoning District and Development Standards, General Provisions, Subdistrict
Standards, Site Design Standards, Building Design Standards, and Administration
Division, Appendix C., Downtown District and Development Standards, Character
District Standards, Frontage Standards, Site Design Standards, Building Design
Standards, Flexibility, and Administration divisions.
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Council Work Session Meeting Minutes January 29, 2024
7.9 Adopt Ordinance 9741-24 on second reading, amending Code of Ordinances Chapter
33, Waterways and Vessels by amending Article I - In General, Article II - City Owned
Docking Facilities, and Article III - Vessels, to clarify, revise and modify existing articles
and sections; amending Section 33.026 establishing a civil penalty for unpermitted
commercial activity in a city owned marine facility and establishing citation procedures.
8. City Manager Verbal Reports
8.1 Discuss March 21, 2024 and May 3, 2024 council meetings.
The City Manager said Councilmembers requested the item to discuss moving the
March 21 and May 2 council meetings. She said the meetings could be moved to
Monday, with no work session being held that week.
There was council consensus to move the May 2 council meeting to Monday, April
29.
Staff was directed to bring back the item at the council meeting as there was no
consensus regarding the March 21 council meeting.
The Mayor returned to chambers at 2:13 p.m.
9. City Attorney Verbal Reports — None.
10. Council Discussion Item
10.1 Continuum of Care Update - Councilmember Beckman
Councilmember Beckman reviewed ongoing COC efforts conducted in an effort to
prevent homelessness. She said the COC oversees the Pinellas County
Homeless Leadership Alliance, that is responsible to identify and quickly engage
individuals experiencing homelessness. Individuals are surveyed, asking
questions regarding their health and reasons for homelessness.
11. 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). - None
12. Closing Comments by Mayor— None.
13. Adjourn
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Council Work Session Meeting Minutes January 29, 2024
The meeting adjourned at 2:19 p.m.
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City of Clearwater