08/14/2023 Council Work Session Meeting Minutes August 14, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, August 14, 2023
1 :30 PM
Main Library - Council Chambers
Council Work Session
Roll Call
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
Present 4 - Mayor Brian Aungst Sr., Councilmember Mark Bunker,
Councilmember David Allbritton, Councilmember Kathleen
Beckman, and
Absent 1 - Councilmember Lina Teixeira
Also Present: 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.
The Mayor said today marked the two-anniversary of losing former City
Manager Bill Horne and that he looked forward to the time of opening the
city hall that will bear his name.
2. Presentations
2.1 TRAC STAR Award Presentation - Traffic Operations Signal Team - Mark O'Hara TRAC
Chair,Gloria Lepik-Corrigan
3. Economic Development and Housing
3.1 Approve $250,000 for startup and one-year ongoing operating expenses of AMPLIFY
Clearwater Tourism Incubator to be located at 1346 S Ft Harrison Ave, Clearwater.
On September 1, 2022, City Council approved an allocation of$250,000 in
American Rescue Plan Act - Local Fiscal Recovery Funds to AMPLIFY
Clearwater for the establishment of a business incubator.
On July 27, 2023, AMPLIFY Clearwater submitted a comprehensive and
detailed Business Plan (Exhibit A) for the establishment and operation of an
incubator with a mission to cultivate a vibrant and sustainable tourism
ecosystem. With a strategic partnership with locally owned and operated
Economic Impact Catalyst, the incubator's objectives are to nurture growth
stage tourism companies, provide support and resources to accelerate
business growth, facilitate collaboration and knowledge-sharing, foster a culture
of innovation and sustainability, and drive equitable and inclusive economic
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Council Work Session Meeting Minutes August 14, 2023
development in the Tampa Bay region.
Elements of the plan include:
1. Executive Summary
2. Leadership, Team and Management
3. Introduction & Background
4. Elements of the Incubator Model
5. Incubator Services
6. Research of Leading Incubator Models
7. Curriculum Design
8. Mentorship and Network Design
9. Eligibility and Intake
10. Target Market
11. Ideal Business
12. Tourism Profile
13. Marketing Strategy
14. Operations and Infrastructure
15. Financial Plan
16. Fundraising Strategy
17. Legal & Regulatory Considerations
18. Risks & Mitigation
19. Evaluation & Success Metrics
20. Timeline
Staff reviewed the Business Plan and recommends funding support of
$250,000 payable to The Greater Clearwater Regional Chamber of Commerce
d/b/a AMPLIFY Clearwater as follows:
1. $150,000 upon approval of Council to support startup costs as
described in the Financial Plan.
2. $50,000 upon launch of Cohort 1 on or about October 2, 2023, to
support ongoing expenses in Year 1.
3. $50,000 upon launch of Cohort 2 on or about April 15, 2024, to support
ongoing expenses in Year 2.
APPROPRIATION CODE AND AMOUNT:
ARPA-LFRF 1817552-581000-G2219
In response to questions, Economic Development and Housing Director
Denise Sanderson said the AMPLIFY Clearwater Tourism Incubator would
be the only tourism incubator in the state and the second in the country.
The incubator will continue to engage Clearwater Spark members in the
overall incubation services. She said AMPLIFY Clearwater intends to
pursue Penny for Pinellas 4 funds to assist with the build out of their facility.
It is not uncommon for local governments to contribute funds annually. Ms.
Sanderson said the provided business plan did not indicate if they
anticipate future local contributions.
Staff was directed to take the item off the Consent Agenda.
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Council Work Session Meeting Minutes August 14, 2023
3.2 Approve State Housing Initiatives Partnership (SHIP) Program Annual Report and Local
Housing Incentive Certification for the closeout year 2020-2021 and interim year
2021-2022 and allow appropriate officials to execute same.
Through the SHIP Program, the Economic Development and Housing
Department has provided funding for the following housing activities: Purchase
assistance in the form of downpayment and closing costs assistance to
existing and newly constructed structures; the construction of new dwellings;
the rehabilitation of owner-occupied single-family dwellings; and the
rehabilitation of rental properties.
All local governments receiving SHIP funds must submit their annual report to
the Florida Housing Finance Corporation by September 15 of each year. The
annual report provides details of expended and encumbered funds. The report
also provides information on the strategies funded, the number of households
served, and income category, age, family size, race and other data regarding
special needs populations such as homeless persons, persons with disabilities
and the elderly. The report is submitted electronically to the State of Florida.
SHIP is a unique funding program. Qualifying local governments (Grantees) are
allocated formula-derived amounts annually from a dedicated funding source.
The State encourages grantees to spend these funds in the form of loans,
rather than grants, so future revenue from repayment of loans (Program
Income) can be used in addition to annual allocations. Grantees are given three
years to expend an annual allocation and Program Income received during the
same program year. With each SHIP report, the closeout year must be fully
expended. Negative carryover results from project expenditures spanning more
than one year. That is, projects in FY2020-2021 (closeout year) utilized funds
from FY2020-2022 and FY2022-2023.
For program year 2020-2021, Governor DeSantis vetoed the annual SHIP
allocation statewide citing concerns of impacts caused by the pandemic, so the
City did not receive an annual distribution. However, $433,175.22 was received
in Program Income and related interest. The negative balance of$77,959.86
was carried forward from the previous year, resulting in total funds available for
FY2020-2021 of$355,215.36. The city expended $362,187.85 to assist nine (9)
families utilizing its approved strategies and to support administration of the
SHIP Program. The city expended $45,300.00 in purchase assistance,
$103,314.88 on construction of one new single-family home, $182,455.63 to
rehabilitate seven single-family units, and $31,117.34 on administration.
Expenses exceeding total funding yielded a negative carryover of$6,972.49 into
FY2021-2022.
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Council Work Session Meeting Minutes August 14, 2023
SHIP funding has a positive impact on the City's economy, as evidenced by
activities in closeout year 2020-2021, where the City expended $331,070.51 on
SHIP strategies in SHIP dollars to leverage $272,443.08 in other funds.
Background:
The Florida Legislature enacted the William E. Sadowski Affordable Housing Act
(Act) in 1992. The Act created a dedicated revenue source for state and local
housing trust funds including the State Housing Initiatives Partnership (SHIP)
Program.
3.3 Appoint 11 members to the Affordable Housing Advisory Committee, including 1 member
of City Council as a locally elected official, and adopt Resolution 23-12.
Florida Statute Section 420.9076 states that counties and cities receiving State
Housing Initiatives Partnership (SHIP) program funds are required to establish
annually an Affordable Housing Advisory Committee (AHAC) and prepare a
Local Housing Incentive Strategy (LHIS). The statute further provides that the
committee be made up of 11 members appointed by the City. The 11 members
must represent a specific industry or a specific group.
The required groups and recommended individuals are listed below:
• Banking industry/mortgage: Robyn Fiel
• Area of labor engaged in home building: VACANT
• Advocate for low-income person: Linda Byars
• Not-for-profit provider of affordable housing: Kevin Chinault
• Real estate professional engaged in affordable housing: Lindsay
Dicus-Harrison
• Representative of employers: Camille Hebting
• Clearwater resident: Carmen Santiago
• Essential Services representative: Jacqueline Rivera
• Residential home building: Pierre Cournoyer
• Member of the local planning agency: TO BE RECOMMENDED BY
COMMUNITY DEVELOPMENT BOARD ON 8/30
• Locally elected official: TO BE DETERMINED BY CITY COUNCIL
The duties of the Affordable Housing Advisory Committee shall include
reviewing policies and procedures, ordinances, land development regulations
and the City's adopted comprehensive plan and shall recommend specific
actions or initiatives to encourage or facilitate affordable housing while
protecting the ability of the property to appreciate in value.
The LHIS must be submitted to City Council by December 31, 2023, and will
encompass the definition, vision, strategic focus areas, and action plan
(including potential amendments to procedures and existing regulations) in
order to facilitate the development of affordable housing in the city.
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Council Work Session Meeting Minutes August 14, 2023
The AHAC will sunset upon acceptance by Council of the 2023 Local Housing
Incentive Strategies report.
Economic Development & Housing Director Denise Sanderson
requested the item be continued to the next work session. She said the
Community Development Board had to continue their meeting, which
included identifying a member to serve on the AHAC.
There was council consensus to continue the item.
4. Public Works
4.1 Approve a street name change from Wistful Vista Drive to Chabad Drive and adopt
Resolution 23-11.
Tabacinic Chabad Center (Chabad of Clearwater) requested a street name
change.
The current street name is Wistful Vista Drive; the requested future name is
Chabad Drive.
Pinellas County Safety & Emergency Services on June 6, 2023, approved this
name change.
Chabad of Clearwater is the only property or person using Wistful Vista Drive
for business.
Pinellas County and USPS confirmed no other entity uses the Wistful Vista
Drive address.
No city utilities will be affected by this street name change.
City staff have reviewed and approved this request.
4.2 Approve the Utility Easement conveyance request from DD Gulf to Bay, LLC., to install,
repair, and maintain as affecting real property at 2975 Gulf to Bay Boulevard located in
Clearwater, Florida. (consent)
The prior Ordinance 9507-21 dated 10/7/2021 requires and reserves a utility
easement.
This prior reservation supports and connects the proposed utility easement to
the existing city utility easement.
Exhibits (A-B-C) are also attached to the presented owner-executed utility
easement.
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Council Work Session Meeting Minutes August 14, 2023
This easement has been confirmed by a review of the revised As-Built plans.
All utilities will be placed within the defined easement.
City staff have reviewed and approved this easement conveyance request.
5. Planning
5.1 Approve the annexation, initial Future Land Use Map designations of Residential Estate
(RE) and Drainage Feature Overlay and initial Zoning Atlas designation of Low Density
Residential (LDR) District for an unaddressed parcel on Tanglewood Drive, and pass
Ordinances 9684-23, 9685-23, and 9686-23 on first reading. (ANX2023-05005)
This voluntary annexation petition involves a 0.456-acre property consisting of
one parcel of vacant land. The property is located on the north side of
Tanglewood Drive approximately 675 feet west of Oak Creek Drive East. The
applicant is requesting annexation in order to receive sanitary sewer and solid
waste service from the city. The applicant has indicated a desire to construct a
detached dwelling on the property but no plans have been submitted at this
time. The property is contiguous to existing city boundaries to the north and
east. It is proposed that the property be assigned Future Land Use Map
designations of Residential Estate (RE) and Drainage Feature Overlay and
Zoning Atlas designation of Low Density Residential (LDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from the Pinellas County.
The closest sanitary sewer line is located in the Oak Creek Drive North
right-of-way to the north of the subject property, which the property
owner plans to extend to via a private line. The applicant is aware that
the city's sewer impact and assessment fees must be paid in full prior to
connection and of the additional costs to extend city sewer service to
this property. The property is located within Police District III and service
will be administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station #50 located at 2681 Countryside
Boulevard. The city has adequate capacity to serve this property with
sanitary sewer, solid waste, police, and fire and EMS service. The
property will continue to receive water service from Pinellas County. The
proposed annexation will not have an adverse effect on public facilities
and their levels of service; and
• The proposed annexation is consistent with and promotes the following
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objectives and policy of the Clearwater Comprehensive Plan:
Objective A.2.2 Future land use in the City of Clearwater shall be
guided by the city's Future Land Use Map, which shall be
consistent with the Countywide Plan for Pinellas County (The
Countywide Plan) including the Countywide Plan Map and shall
be implemented through the city's Community Development
Code.
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Estate (RE) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 1 unit
per acre. The Drainage Feature Overlay proposed to be applied to the
property will recognize the existing drainage easement on the east side
of the property. The proposed zoning district to be assigned to the
property is the Low Density Residential (LDR) District. The use of the
subject property is consistent with the uses allowed in the districts and
the property exceeds the district's minimum dimensional requirements.
The proposed annexation is therefore consistent with the Countywide
Plan and the City's Comprehensive Plan and Community Development
Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north and east; therefore, the annexation is consistent
with Florida Statutes Chapter 171.044.
5.2 Approve the annexation, initial Future Land Use Map designations of Residential Estate
(RE) and Water and initial Zoning Atlas designation of Low Density Residential (LDR)
District for an 1862 McCauley Road, and pass Ordinances 9694-23, 9695-23, and
9696-23 on first reading. (ANX2023-06006)
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Council Work Session Meeting Minutes August 14, 2023
This voluntary annexation petition involves a 1.261-acre property consisting of
one detached dwelling. The property is located on the west side of McCauley
Road approximately 790 feet southeast of Sunset Point Road. The applicant is
requesting annexation in order to receive sanitary sewer and solid waste
service from the city. The property is not contiguous to existing city limits;
however, it is in an enclave surrounded by city property on all sides (Type A)
and is eligible for annexation pursuant to the Interlocal Service Boundary
Agreement with Pinellas County. It is proposed that the property be assigned
Future Land Use Map designations of Residential Estate (RE) and Water and
Zoning Atlas designation of Low Density Residential (LDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent McCauley Road
right-of-way. The applicant is aware that the city's sewer impact and
assessment fees must be paid in full prior to connection and of the
additional costs to extend city sewer service to this property. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851 McMullen
Booth Road. Fire and emergency medical services will be provided to
this property by Station #48 located at 1700 North Belcher Road. The
city has adequate capacity to serve this property with sanitary sewer,
solid waste, police, and fire and EMS service. The property will continue
to receive water service from Pinellas County. The proposed annexation
will not have an adverse effect on public facilities and their levels of
service; and
• The proposed annexation is consistent with and promotes the following
objectives and policies of the Clearwater Comprehensive Plan:
Objective A.2.2 Future land use in the City of Clearwater shall be
guided by the city's Future Land Use Map, which shall be
consistent with the Countywide Plan for Pinellas County (The
Countywide Plan) including the Countywide Plan Map and shall
be implemented through the city's Community Development
Code.
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
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Council Work Session Meeting Minutes August 14, 2023
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
Policy A.7.2.4 Allow voluntary annexations for noncontiguous
properties that are within an enclave as defined by Section
171.031(13)(a), Florida Statutes (Type A enclaves) and as
authorized by the 2014 Interlocal Service Boundary Agreement
(ISBA) between Pinellas County and municipalities, including the
City of Clearwater.
• The proposed Residential Estate (RE) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 1 unit
per acre. The Water designation proposed to be applied to the property
will recognize the existing lake on the west side of the property. The
proposed zoning district to be assigned to the property is the Low
Density Residential (LDR) District. The use of the subject property is
consistent with the uses allowed in the district and the property exceeds
the district's minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is not contiguous to City
boundaries but is located in a Type A Enclave; therefore, the annexation
is consistent with the Interlocal Service Boundary Agreement authorized
by Florida Statutes Chapter 171.204.
6. Information Technology
6.1 Authorize an increase on purchase order to Charter Communications dba Spectrum
Enterprise (Spectrum) of St. Louis, MO, for cable, internet access and point-to-point data
network services in the amount of$31,500.00, from $320,000.00 to $351,500.00, through
September 30, 2023; authorize a purchase order to Charter Communications dba
Spectrum Enterprise (Spectrum) of St. Louis, MO, for cable, internet access and
point-to-point data network services in the not-to-exceed amount of$155,000.00 from
October 1, 2023 through September 30, 2024 pursuant to Clearwater Code of
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Council Work Session Meeting Minutes August 14, 2023
Ordinances Section 2.563 (1)(d), Impractical, and authorize the appropriate officials to
execute same. (consent)
Spectrum Enterprise provides cable, internet access and point-to-point data
connections at approximately 17 locations across the City's network. This
purchase order will be used citywide by multiple departments but will be
managed by the Information Technology Department.
Of the requested amount, $31,500 is to cover services through September
2023 and $155,000 is for all existing and new Spectrum services citywide from
October 1, 2023 through September 30, 2024.
Spectrum is one of 5 service providers used to support the City's network and
computer operations. Spectrum is the current provider at these locations and
has been a provider for nearly 10 years at most locations. In some locations,
Spectrum is the only vendor capable of providing this service. Staff is
recommending the standardization of these services at these locations due to
the lack of availability from other providers throughout the entire city, to ensure
continuity of coverages, and to avoid disruption of services at the existing
recreation centers and government facilities.
APPROPRIATION CODE AND AMOUNT:
Funding for the remainder of the current year is available in the Information
Technology operating budget code 5559862-530300, contractual services.
Funding for fiscal year 2023/24 was requested in the proposed budget.
7. Public Utilities
7.1 Approve a Purchase Order to Polydyne Inc., of Riceboro, GA, for cationic dewatering
polymer to be used at the City's three Wastewater Reclamation Facilities (WRF) in the
annual not-to-exceed amount of$915,000.00 with the option for three, one-year renewals,
pursuant to ITB 17-23 Cationic Dewatering Polymer, and authorize the appropriate
officials to execute same. (consent)
Purchasing issued Invitation to Bid (ITB) #17-23, Cationic Dewatering Polymer
on April 19, 2023. One bid was received on May 18, 2023. Polydyne, Inc. of
Riceboro, GA., represents the lowest responsive, responsible bidder. Polydyne
is the current supplier of cationic dewatering polymer at all three Public Utilities
WRFs.
Polydyne, Inc. is the sole manufacturer and supplier of Clarifloc SE-1504,
Clarifloc SE-1878, Clarifloc SE-1879, and Clarifloc SE-1880. All of these are
specific polymers which have been tested and recommended for use in
different process areas at the City's three Water Reclamation Facilities
(WRFs) to thicken raw sludge and reduce the amount of water in the final
dewatered cake, thereby reducing treatment, hauling and disposal costs.
Biosolids must be processed daily at all three WRFs to meet Florida
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Council Work Session Meeting Minutes August 14, 2023
Department of Environmental Protection (FDEP) permit requirements.
The term of the contract will be July 1, 2023, through June 30, 2024, with the
option for three, one-year renewals. Renewal terms allow for cost increases
based on Producer Price Index for WPU06790961, Chemicals and Allied
Products: Water-Treating Compounds. Renewal prices shall be firm for the
respective annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in Public Utilities operating cost centers 551700
Bulk Chemicals to cover the cost of the contract for FY23.
Future fiscal year budgets will include funding for these expenses.
7.2 Approve Change Order 2 to Poole and Kent Company of Florida, in Tampa, FL, for
Marshall Street Water Reclamation Facility (MS WRF) Process Control Gates Repairs
(City Project 18-0047-UT) in the amount of$287,416.00, increasing the contract amount
to $3,765,152.02 and extend project completion by 270-days from July 3, 2023 through
April 8, 2024; approve Supplemental Work Order 3 to Engineer of Record (EOR) Brown
and Caldwell in the amount of$351,570.00 for additional engineering services during
construction, increasing the work order total to $784,128.00; and authorize the
appropriate officials to execute same. (consent)
The MS WRF Process Control Gates project involves replacing existing slide
gates within aeration basins 4 through 13. While the basins are isolated and
drained for gate replacement, all accumulated grit is removed, damaged or
missing elements of the diffused air system replaced, and structural defects
within the basins repaired.
June 16, 2022, City Council approved a construction contract to Poole and Kent
Company of Florida for the MS WRF Process Control Gates Repairs in the
amount of$3,161,578.20, pursuant to Invitation to Bid (ITB) 18-0047-UT.
On July 10, 2023, City Manager approved Change Order 1 to Poole & Kent in
the amount of$316,157.82, increasing the contract total to $3,477,736.02, due
to an increase in required concrete structural repairs.
Change Order 2 to Poole & Kent in the amount of$287,416.00 is to replenish
available project contingency, increasing the contract total to $3,765,152.02. In
addition, approval is needed to extend the construction period by 280 days. The
increase is mainly due to delays related to ordering, manufacturing, and
delivering the replacement control gates.
Supplemental Work Order#3 to Brown and Caldwell, in the amount of
$351,570.00, is for additional engineering services associated with the extended
construction period.
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The City of Clearwater's Public Utilities Department is responsible for owning,
operating, and maintaining the MS WRF.
APPROPRIATION CODE AND AMOUNT:
3217321-546700-96213 $ 287,416.00
3217321-530100-96213 $ 351,570.00
Funds are available in capital improvement project 96213, Marshall Street
Upgrade Rollup, to fund the contract and supplemental work order.
In response to questions, Public Utilities Engineering Manager Jeremy
Brown said the project is behind schedule. The tank must be drained in
order to determine what needs to be fixed. He said there was more
concrete repair work than anticipated. Some of the contingency
funds were used for the repairs but staff is requesting to replenish the
contingency funds in case it is needed in the future. The City Attorney
said Council may replenish the contingency funds in this manner. Mr.
Brown said the contractors may identify issues that need repair but they
must first seek authorization from the city staff. The requests are handled
on a case-by-case basis. He said the contractor does not bid on the
contingency, but the line items. The contractor is locked into the line
items. Assistant City Manager Daniel Slaughter said staff is doing the
best they can, the bid jobs are based on a scope that is not fully
understood until the tank is drained and one can see the repairs needed.
7.3 Approve a Purchase Order(s) to Ferguson Waterworks of Tampa, FL and Fortiline, Inc. of
Tampa, FL, for ductile iron pipes, fittings, mechanical joint restraints, and polyethylene
tubing in the cumulated annual not-to-exceed amount of$386,000.00 for the term August
18, 2023, to August 17, 2024, with two, one-year renewal options pursuant to ITB 25-23
Ductile Iron Pipes, Fittings, Mechanical Joint Restraints, and Polyethylene Tubing and
authorize the appropriate officials to execute same. (consent)
Invitation to Bid (ITB) #25-23, Ductile Iron Pipes, Fittings, Mechanical Joint
Restraints and Polyethylene Tubing was issued on May 31, 2023. Three bids
were received; however, one bid did not meet the requirements outlined in the
solicitation. Ferguson Waterworks and Fortiline, Inc. represent the lowest
responsive, responsible bidders in accordance with the bid specifications.
For placing orders, the primary award is as follows:
Feguson Waterworks: Restraining Adapters, Gaskets, and Glands, Group 2
Clamps and Couplings, Group 4
Ductile Iron Pipe, Group 7
Fortiline, Inc.: Ductile Iron Pipe Fittings, Group 1
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Council Work Session Meeting Minutes August 14, 2023
Large Valves, Group 3
Tapping Saddles and Sleeves, Group 5
Meter and Valve Boxes, Group 6
Service Tubing, Group 8
These parts are stocked in the Public Utilities Warehouse to have them on-hand
for use in the field. To ensure continuity of supply, staff is requesting flexibility to
use the secondary vendor should the primary vendor be unable to provide the
requested items.
The initial contract period will be 8/18/2023 - 8/17/2024, with the option for two,
one-year renewals. Renewal terms allow for cost increases based on the
Producer Price Index#101 Iron and Steel; renewal prices shall be firm for the
respective annual term.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY23 are available in Public Utilities' cost centers, cost code
550400 Operating Supplies and Materials.
Funding for future fiscal years will be requested within contract calendar and
spending limits.
8. Solid Waste
8.1 Authorize the purchase of vehicles (heavy and light duty) and equipment in the
not-to-exceed amount of$10,097,700.00, budgeted in the Fiscal Year (FY) 24 budget,
pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback or
Cooperative Purchasing, 2.563(1)(d) Non-competitive purchases, and 2.561(5) Small
Purchases; declare the vehicles and equipment being replaced as surplus and authorize
for disposal at auction or trade-in, whichever is in the best interest of the City, pursuant to
Clearwater Code of Ordinances Sections 2.623(6), (7)(c), (7)(e), and (8); authorize lease
purchase under the City's Master Lease Purchase Agreement or internal financing via an
interfund loan from the Capital Improvement Fund, whichever is deemed to be in the
City's best interest and authorize the appropriate officials to execute same. (consent)
The Fleet Division is requesting a consolidated expenditure authorization in the
not-to-exceed amount of$10,097,700.00 for the acquisition of vehicles and
equipment per attached spreadsheet. New purchases are to replace designated
units due for replacement in FY24, which 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. Due to
delays in manufacturing, the Fleet Department is requesting to begin
procurement of the vehicles and equipment on the FY24 Vehicle Replacement
ahead of the FY24 budget that starts October 1, 2023.
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Authorization is requested to piggyback off the following contracts, pursuant to
Clearwater Code of Ordinance Section 2.563(1)(c):
Florida Sheriffs Association (FSA), a purchasing cooperative in the State of
Florida
o Contract#FSA22-VEL30.0, Pursuit, Administrative and Other
Vehicles - valid through September 30, 2023.
o Contract#FSA22-VEH20.0, Heavy Trucks - valid through
September 30, 2023.
o Contract#FSA20-EQU18.0, Heavy Equipment - valid through
September 30, 2023.
o Contract#FSA23-TOY1.0-Toyota-valid through September 30,
2023.
■ There are anticipated renewals on all contracts.
• Omnia Partners (Omnia), the largest cooperative purchasing
organization for public sector procurement.
o Contract#EV2671-01 Utility, Transportation, and Golf Vehicles
valid through December 31, 2026.
• Sourcewell (formerly NJPA), a purchasing cooperative operating under
legislative authority in the State of Minnesota.
o Contract#060920-NAF, Class 4-8 Chassis with Related
Equipment - valid through August 1, 2024.
o Contract#091521-NAF, Cars, Trucks, Vans, SUVs, Cab
Chassis & Other Vehicles - valid through November 8, 2025
o Contract# 020923-FCC- Portable construction equipment - valid
through April 20, 2027.
• State of Florida, Department of Management Services, cooperatively
bids requirements of agencies throughout Florida.
o Contract#25100000-23-STC, Motor Vehicles valid through May
16, 2025.
o Contract# 25101600-21-STC, Medium and Heavy Trucks - valid
through September 30, 2026.
o Contract# 25101900-21-STC, Agriculture and Lawn Equipment -
valid through December 31, 2023.
o Contract# 22100000-21-STC, Construction and Industrial
Equipment - valid through June 30, 2024.
Authorization to add additional piggyback contracts is requested as needed to
ensure the City is receiving the most competitive pricing for vehicles and
equipment which will be monitored by the Procurement Division.
Authorization to procure optional features not included on the piggyback
contract, as impractical, due to delay in receipt of vehicle and/or equipment,
possible void of warranty for after-market items, manufacturer delay in receiving
parts, etc., pursuant to Clearwater Code 2.563(1)(d). Typically, when procuring
optional features through the dealership, these features are priced below
Manufacturer Suggested Retail Price (MSRP). This will be monitored for
compliance by the Procurement Division.
While most of the vehicles and equipment are procured through piggyback
contracts, for those that do not fall under this category, authorization is
requested to procure these vehicles and equipment through competitive quotes
pursuant to Section 2.561(5) Small Purchases, purchases under $50,000.00.
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Council Work Session Meeting Minutes August 14, 2023
This will be monitored for compliance by the Procurement Division.
Once the new vehicle is road ready (graphics, accessories or upfitting, etc.)
and equipment has been upfitted, appropriate vehicles and equipment
designated for surplus authorization will be transferred to Tampa Machinery
Auction.
APPROPRIATION CODE AND AMOUNT:
Funding for vehicle replacements and purchases are included in the proposed
fiscal year 2023/24 operating and capital budget in the following funds/projects:
Fund/Project Amount
010 General Fund 1,672,000 L/P
421 Public Utilities 1,175,000 L/P
423 Gas 33,000 L/P
424 Solid Waste 3,970,000 L/P
426 Recycling 145,000 L/P
555 Customer Service/IT 73,000 L/P
TOTAL: L/P Replacements (1-1910) 7,068,000
Penny Funds (315-94238) 195,000 Cash
Garage Fund (315-94233) 179,500 Cash
Library (1-2301) 41,000 L/P
Parks (01018xx) 97,000 Cash
Police (181-93350) 108,000 Cash
Police (1-2301) 30,000 L/P
Solid Waste (1-2301) 459,600 L/P
Public Works (C1908) 1,247,600 L/P
Public Utilities (1-2301) 350,000 L/P
Parks (1-2301) 322,000 L/P
TOTAL: Cash Replace/New Adds 3,029,700 L/P
Total 23/24 Vehicle Replacement Budget 10,097,700
Total for 22/23 Vehicle Replacement Budget 9,056,200
Budget Change 23/24 vs. 22/23 1,041,500
Budget Increase/Decrease 11.50%
8.2 Declare list of vehicles and equipment surplus and authorize disposal through auction
pursuant to Clearwater Code of Ordinances Sections 2.623(6) and (8) and authorize the
appropriate officials to execute the same. (consent)
On August 4, 2022, Council approved the Vehicle Replacement List for fiscal
year 2023, 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 Sections 2.623(6)
and (8). Tampa Machinery Auction was competitively solicited by Pinellas
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Council Work Session Meeting Minutes August 14, 2023
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 Vehicle Replacement List as their replacements are deemed
road ready.
In response to a question, Fleet Division Manager Perry Conzen said the
vendors have not been paid for the back ordered items, the City provides a
letter of intent.
8.3 Authorize a contract to Waste Connections of Florida, Inc., for a period of one year, for
the processing of municipal single stream recycling commodity at the contractors'
Materials Recovery Facilities in a cumulative not to exceed amount of$1,020,000.00,
pursuant to Invitation to Negotiate 29-23 and authorize the appropriate officials to execute
same. (consent)
On April 25, 2023, an evaluation committee composed of Staff from Solid
Waste & Recycling, Public Utilities Department, and the Office of Management
& Budget reviewed proposals submitted from Waste Connections of Florida,
Inc. (WC) and Waste Management Inc. of Florida (WM) for Invitation to
Negotiate #29-23, Single Stream Recycling Processing, and recommended
negotiations to commence with both respondents.
During these negotiations, WM's initial proposal was $159.33/ton for the Tampa
(Ybor) Materials Recovery Facility (MRF) and $189.63/ton for the Clearwater
transfer station with 100% revenue share. After a second meeting with WM, the
proposal was lowered to $154/ton for the Tampa (Ybor) MRF facility and
$183/ton for the Clearwater transfer station with 100% revenue share. WM
declined to offer a rate without revenue share. Additionally, WC's initial proposal
was $140/ton with no revenue share for their St. Petersburg MRF facility. After
a second meeting, the proposal was lowered to $120/ton with revenue share on
a sliding scale.
8.4 Approve issuing customer credits/refunds for recycling service charges for the period of
July 2022 through December 2022.
At the January 30, 2023, Council Work Session, Interim Solid Waste/Recycling
Director Micah Maxwell presented a Recycling Program Update in response to
the findings that collected material from the city's single stream recycling
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
program were not being disposed of as a recyclable commodity. As part of that
presentation, staff provided projected credit amounts for solid waste customers
who were charged a recycling service fee for the six-month period of July 2022
through December 2022.
Staff is recommending any approved credit be issued in the form of a customer
fee adjustment applied to future charges.
A credit of all collected recycling charges for residential, multifamily, and
commercial customer accounts would result in a total adjustment of
$1,123,417.91, and a projected credit of$20.28 per residential customer. Credit
amounts for multifamily and commercial customer accounts would be
calculated individually, subject to the level of service that is provided by the city.
Additionally, credit projections exclude required transfers by council policy
including PILOT payments.
Additionally, projected refund amounts for each partner municipality that
received recycling services from the city were calculated for the six-month
period of July 2022 through December 2022 as follows:
A refund for all collected recycling charges for the Town of Belleair would result
in a total adjustment of$14,120.42, which excludes collection costs for curbside
solid waste service that was provided by the city. As of June 2, 2023, Town of
Belleair stopped using City of Clearwater Solid Waste/Recycling services.
A refund for all collected recycling charges for the City of Safety Harbor would
result in a total adjustment of$62,925.63. As of March 24, 2023, City of Safety
Harbor stopped using City of Clearwater for recycling processing.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will reduce recycling fee revenues by the
total credit estimated based upon action approved by the Council.
Solid Waste Controller Jeff Kuhl provided a PowerPoint presentation.
In response to questions, Mr. Kuhl said the multi-family credit will be
easier to determine as it will be based on the number of units. Determining
the refund rate for commercial accounts will be difficult because it is
based on the size of the containers. Finance Director Jay Ravins said
staff recommends the credit be applied as six months of free recycling
service going forward. Staff will turn off the recycling charges for six
months. He said staff will handle instances of customers who no longer live
within Clearwater city limits on a case-by-case basis.
9. City Clerk
9.1 Reappoint Frank Persechino to the Nuisance Abatement Board with a term to expire
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
September 1, 2027. (consent)
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 1
Purpose: The Nuisance Abatement Board will be composed of seven city
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 MEMBER HAS A TERM WHICH HAS EXPIRED
AND NOW REQUIRES REAPPOINTMENT:
1. Frank Persechino - 628 Cleveland Street Apt. 1404, 33756 - Medical
Research Business Owner
Original appointment: 2/4/2021
(currently serving 1st term through 8/31/2023)
Absences: 0
Zip codes of current members:
2 at 33755
3 at 33756
1 at 33759
9.2 Reappoint Gary Baker to the Nuisance Abatement Board with a term to expire
September 1, 2027. (consent)
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 1
Purpose: The Nuisance Abatement Board will be composed of seven city
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 MEMBER HAS A TERM WHICH HAS EXPIRED
AND NOW REQUIRES REAPPOINTMENT:
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Council Work Session Meeting Minutes August 14, 2023
1. Gary Baker - 55 Rogers Street#406, 33756 -Attorney
Original appointment: 7/18/2019
(currently serving 1st term through 8/31/2023)
Absences: 0
Zip codes of current members:
2 at 33755
3 at 33756
1 at 33759
9.3 Appoint Emily Pano to the Sister Cities Advisory Board with a term to expire August 17,
2027. (consent)
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6 + 1 At-large member
CHAIRPERSON: Pamela Benton -Vice Chair
MEETING DATES: Quarterly
PLACE: Council Chambers
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc.,
the local business community, the School Board's World Language Coordinator
or designee, and the Clearwater Arts Alliance shall not be required to reside
within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER TERM HAS EXPIRED AND
NOW REQUIRES APPOINTMENT BY A NEW APPOINTEE:
1. Sallie Park - 1328 Michigan Ave. Palm Harbor, FL 34683- CL Arts
Alliance representative
Original Appointment: 4/19/12
Term ended: 4/30/2023
THE FOLLOWING APPLICATION HAS BEEN SUBMITTED FOR COUNCIL'S
CONSIDERATION:
1. Emily Pano -1845 McCauley Road Clearwater, FL 33765 - CL Arts
Alliance representative
Zip codes of current members:
1 - 33763
1 - 33710
1 - 33755
1 - 34683
1 - 33761
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
1 - 33767
9.4 Appoint Jarvis Sheeler to the Brownfields Advisory Board, as the Government/Agency
representative, to fill an unexpired term through June 30, 2025. (consent)
BOARD: Brownfields Advisory Board
TERM: 4 years
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: Not Required
SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents
who live within or adjacent to the Brownfields area. Three members shall be
owners or representatives of a business operating in the Brownfields area.
Three members shall be representatives of federal/state agency/local
government involved with Brownfields remediation process within Pinellas
County.
MEMBERS: 9
CHAIR: Mark Parry
MEETING DATES: Meets as called.
PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND SEAT
NOW REQUIRES A NEWAPPOINTMENT:
1. Julie Phillips - 100 Bluff View Dr., Belleair Bluffs, FL 33770 - Gov't/Agency
Rep
Original Appointment: 9/6/2018
(was serving first term set to expire 6/30/25)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO FILL
THE ABOVE VACANCY:
1. Jarvis Sheeler - 1396 Bellevue Blvd., 33756 - Gov't/Agency Rep
Zip codes of current members on board:
3 in 33755
1 in 33756
1 in 33765
1 in 34209
9.5 Appoint Mahalee Marshall to the Brownfields Advisory Board to a term set to expire
August 17, 2027. (consent)
BOARD: Brownfields Advisory Board
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
TERM: 4 years
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: Not Required
SPECIAL QUALIFICATIONS: Three members shall be Clearwater residents
who live within or adjacent to the Brownfields area. Three members shall be
owners or representatives of a business operating in the Brownfields area.
Three members shall be representatives of federal/state agency/local
government involved with Brownfields remediation process within Pinellas
County.
MEMBERS: 9
CHAIR: Mark Parry
MEETING DATES: Meets as called.
PLACE: Clearwater Main Library, 100 N Osceola Ave., Clearwater, FL 33755
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH
HAS EXPIRED AND SEAT NOW REQUIRES A NEW APPOINTMENT:
1. Sioux Hart - 630 Fairmont St., 33755 - Resident
Original Appointment:7/18/19
(was serving first term which expired 7/31/23)
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Mahalee Marshall - 1001 N. MLK Ave Apt#712, 33755- Resident
Zip codes of current members on board:
3 in 33755
1 in 33756
1 in 33765
1 in 34209
9.6 Appoint Daniela Sherrod to the Nuisance Abatement Board with a term to expire
September 1, 2027. (consent)
BOARD: Nuisance Abatement Board
TERM: 4 years
FINANCIAL DISCLOSURE: Yes
APPOINTED BY: City Council
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7
APPTS. NEEDED: 1
Purpose: The Nuisance Abatement Board will be composed of seven city
residents who will conduct hearings on public nuisance cases associated with
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
prostitution and drug-related activities on known properties throughout the City.
THE FOLLOWING BOARD MEMBER HAS A TERM WHICH HAS EXPIRED
AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Nancy O'Neill - 1360 Druid Road, 33756 - Restaurant Owner
Original appointment: 7/18/19
(was serving 2nd term set to expire 8/31/2023)
THE NAME(S) BELOW ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. Daniela Sherrod -212 N Madison Ave., 33755 - Owner/Self-Employed
Zip codes of current members:
2 at 33755
3 at 33756
1 at 33759
9.7Appoint Phillip Rugari to the Marine Advisory Board to fill the remainder of an unexpired
term through March 31, 2025. (consent)
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7 + 1 Ex Officio
MEETING DATES: 2nd Wed., 8 am (Quarterly)
PLACE: Main Library
APPTS. NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND
SEAT NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE:
1. Maranda Douglas - 1729 Carlisle St., 33756
Original Appointment: 11/5/2020
(was serving first term set to expire 3/31/25)
Resignation Date: 4/24/2023
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO
FILL THE ABOVE VACANCY:
1. Phillip Rugarti Jr. - 301 N Washington Ave., 33755 - Owner/Sliprock
Charters
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
Zip codes of current members on board:
1 at 33755
2 at 33756
1 at 33759
2 at 33761
1 at 33767
1 at 33786
9.8 Appoint Jonathan Barnes to the Public Art and Design Board as the Clearwater Arts
Alliance representative to fill the remainder of an unexpired term through March 31, 2026.
(consent)
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the
Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the
Creative Pinellas representative
MEMBERS: 7
Liaison: Amber Brice, Cultural Affairs Coordinator
CHAIR:
MEETING DATE: Quarterly - January, March, June, Sep.
TIME/PLACE: 2:00 PM/Chambers
APPOINTMENTS NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND
SEAT NOW REQUIRES AN APPOINTMENT:
1. Brianne Roberts - 6225 Baker Rd., New Port Richey FL 34653- CL Arts
Alliance rep
Original Appointment: 4/15/21
(was serving 2nd term through 3/31/26)
Resignation Date: 7/14/2023
THE NAME BELOW IS BEING SUBMITTED FOR CONSIDERATION TO
FILL THE VACANCY:
1. Jonathan Barnes - 1613 Maple St., 33765 - Clearwater Arts Alliance Rep
Note - Currently serving as Resident knowledgeable in fields of public art,
education, or community affairs
Zip codes of current members:
2 - 33755
1 - 33761
2 - 33765
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
1 - 33764
Current Categories:
1 Landscape architect/Architect/Urban Planner/Design Professional
1 Artist/Art Business Owner
3 Citizens
1 Clearwater Arts Alliance, Inc.
1 Creative Pinellas
9.9 Appoint an individual to fill an unexpired term through April 30, 2025 on the Public Art and
Design Board in the Resident knowledgeable in fields of public art, education, or
community affairs category through April 30, 2025.
BOARD: Public Art and Design Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater resident except for the
Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the
Creative Pinellas representative
MEMBERS: 7
Liaison: Amber Brice, Cultural Affairs Coordinator
CHAIR:
MEETING DATE: Quarterly - January, March, June, Sep.
TIME/PLACE: 2:00 PM/Chambers
APPOINTMENTS NEEDED: 1
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND
SEAT NOW REQUIRES REAPPOINTMENT:
1. Jonathan Barnes - 1613 Maple St. 33765 - Resident knowledgeable in
fields of public art, education, or community affairs
Original Appointment: 11/7/2019
(was serving 1 st term set to expire 4/30/2025)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE RESIDENT KNOWLEDGEABLE IN FIELDS OF PUBLIC ART,
EDUCATION, OR COMMUNITY AFFAIRS CATEGORY:
1. Karen Cunningham - 3178 Eagles Landing Circle W., 33761 - Retired
Transportation Planner
2. Lisa Bilz - 1660 Pine Place, 33755 - Graphic Design
3. Matthew Estes - 1682 Oak Place, 33755 - Music Director
4. Rebekka Ervin - 920 N Osceola Ave. Unit 407, 33755 - Business Owner
5. Sharon Reid-Kane -2730 Burning Tree Lane - REH Chief Education and
Community Engagement Officer
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
Zip codes of current members:
2 - 33755
1 - 33761
2 - 33765
1 - 33764
10. City Attorney
10.1Approve the Second Amendment to the Contract for Sale of Real Estate between the City
of Clearwater, the DeNunzio Group and Gotham Property Acquisitions to provide for a
mutual extension of due diligence regarding the purchase of the old City Hall site and
authorize appropriate officials to execute same. (consent)
The City is under contract to sell the old City Hall property to Gotham Property
Acquisitions and The DeNunzio Group (the Buyers). The Buyers are requesting
significant modifications to the purchase and sale agreement (PSA) and
development agreement. The City has engaged HR&A consultants to evaluate
the Buyers' requests. However, the parties' inspection period is currently
scheduled to expire at the end of August. Due to HR&A's ongoing review, the
parties have agreed to extend the inspection period through October 2023. It is
likely that a public discussion will be scheduled in September, but an extension
through October is being requested to provide extra time in the event it is
needed.
11. City Manager Verbal Reports — none.
12. City Attorney Verbal Reports
12.1 Discuss rules of decorum.
At a recent meeting, the City Council directed the City Attorney to explore
enhanced decorum rules regarding Council meetings. Decorum rules can
include a variety of components. Components being considered include:
Moving agenda items to an earlier phase in the agenda, i.e. hearing
citizen input as to agenda items, and voting on agenda items, prior to
inviting comments on matters unrelated to the agenda
City staff declining to publicly broadcast citizens-produced materials
displayed on the overhead projector, i.e. to ensure the City does not
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
participate in broadcasting vulgar, racist, or other inappropriate material
Requiring speakers to direct all comments toward the chair, and refrain
from personal insults directed at individual Councilmembers unless
discussing a vote that was cast or statement made by that individual
Councilmember
Clarifying that disruptive activities include the middle finger and similar
obscene gestures, and are therefore prohibited from the audience while
another person is speaking at the podium.
Clarifying that campaign materials are disruptive and therefore not
allowed within Council chambers, regardless of whether such materials
take the form of flyers, signs, or t-shirts.
The City Attorney is seeking direction from Council as to any or all of these
revisions. Council also has the option to make no revisions or consider different
revisions.
The City Attorney said he draft an amendment to the decorum rules based
on a recent conversation about how to get through the council meetings
more efficiently. He said Council directed him to explore different decorum
options that also respects the First Amendment. Some of the options are
best practices from other governmental entities and others have been tested
through litigation and upheld by the court.
Discussion ensued with support expressed to move Citizens to be
Heard Regarding Items not on the Agenda to the end of the agenda, to
include verbiage that addresses vulgar or racist language, and to include
language that requires speakers to direct comments to the chair and
refrain from personal insults directed to individual councilmembers. A
concern was expressed regarding the recommendation to prevent the
broadcast of citizens-produced materials.
The City Attorney said the rules should be as narrowly tailored to
accomplish the purpose as possible. Restricting an individual not at the
podium from participating in disruptive activity or obscene gesture has a
legitimate purpose as it is distracting from the legitimate activity.
Discussion ensued with support expressed to allow citizen-produced
visuals.
The City Attorney said he had sufficient direction and will present a draft rule
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City of Clearwater
Council Work Session Meeting Minutes August 14, 2023
in the next couple of work sessions.
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 requested an update on the Belleair/Gulf to
Bay Boulevard intersection plan and plans for motorized bikes on the
trail.
14. Closing Comments by Mayor
15. Adjourn
The meeting adjourned at 3:13 p.m.
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City of Clearwater