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05/16/2024 City Council Meeting Minutes May 16, 2024 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Thursday, May 16, 2024 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes May 16, 2024 Roll Call Present: 5 - Mayor Bruce Rector, Vice Mayor David Allbritton, Councilmember Ryan Cotton, Councilmember Michael Mannino and Councilmember Lina Teixeira Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City Manager, Daniel Slaughter—Assistant City Manager, David Margolis — City Attorney, and Rosemarie Call — 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 Rector The meeting was called to order at 6:00 p.m. 2. Invocation — Chaplain Kennon Wiley 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 May Service Awards Four service awards were presented to city employees. The May 2024 Employee of the Month Award was presented to Abyi Santiago, Parks & Recreation. The May/June 2024 Team of the Quarter Award was presented to the Stormwater Volunteer Firefighters: Maurice Bryant and Kenny Smith, Public Works. 4.2 Older Americans Month Proclamation, May 2024 - Kerry Marsalek, Chief Operating Officer at Area Agency on Aging of Pasco and Pinellas. 4.3 EMS Week 2024 Proclamation, May 19-25, 2024 - Anthony Tedesco, EMS Division Chief 4.4 Neighborhoods Day Awards - Samantha Moullet, Neighborhoods Services Manager Page 2 City of Clearwater City Council Meeting Minutes May 16, 2024 Neighborhood Services Manager Samantha Moullet provided a PowerPoint presentation and presented certificates to the winners. 5. Approval of Minutes 5.1 Approve the minutes of the April 29, 2024 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Cotton moved to approve the minutes of the April 29, 2024 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Consent Agenda — Approved as submitted. 6.1 Approve a Piggyback Dispensing Agreement with Opal Fuels Station Services LLC, for the sale of Renewable Identification Number (RIN) credits associated with the City of Clearwater Compressed natural gas filling station for the term June 1, 2024 through October 19, 2025, with the option of two, one-year renewals pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.2 Authorize a purchase order to Viktor Construction Corp, for various interior and exterior painting, in the not to exceed amount of$650,000.00 for the term May 1, 2024 through July 18, 2026 with one, two-year renewal option in the amount of$600,000.00, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.3 Authorize an increase to existing purchase order with TranSystems Corporation of Clearwater, Florida, for professional engineering services for the development of State Street Park, located at 1312 State Street from $12,500.00 to $135,580.00 pursuant to Request for Qualifications (RFQ) 34-23, Engineering of Record (EOR) continuing service agreement and authorize the appropriate officials to execute same. (consent) 6.4 Authorize a Guaranteed Maximum Price proposal to Keystone Excavators, Inc. of Oldsmar, Florida for the refurbishment of Coachman Ridge Park Pedestrian Bridge in the amount of$345,232.00, pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk (CMAR) Services Continuing Contracts and authorize the appropriate officials to execute same. (consent) 6.5 Approve a Facility Use Agreement Template between the City of Clearwater and the Clearwater Horseshoe Club, Clearwater Lawn Bowls Club and Clearwater Shuffleboard Club, for the use and supervision of certain city-owned buildings and facilities from June 1, 2024 through May 31, 2025, with five one-year renewal options, and authorize the Page 3 City of Clearwater City Council Meeting Minutes May 16, 2024 appropriate officials to execute same. (consent) 6.6 Approve a Purchase Order with Station Square Condominium Association, Inc., of Clearwater FL, for increased building insurance premiums and the 2024 Condo Association owners' fees in a cumulative not-to-exceed amount of$139,863.42 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-Competitive purchases, and authorize the appropriate officials to execute same. (consent) Note—At the May 13 work session, Councilmember Teixeira disclosed a voting conflict and did not cast a vote on this matter(see page 47). 6.7 Approve a purchase order to Millenium Products, Inc. of Saint Petersburg, FL for two Wanco Small-Size Solar Surveillance Camera Trailers in the amount of$108,344.56, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.8 Approve a purchase order increase to H and H Liquid Sludge Disposal, Inc of Branford, FL and Merrell Bros, Inc of Kokomo, IN for the hauling and disposal of biosolids in the cumulative amount of$525,000.00 bringing the total amount to $3,580,800.00 pursuant to Invitation to Bid (ITB) 45-21, Biosolids Management Services and authorize the appropriate officials to execute same. (consent) 6.9 Approve a Work Order to Tetra Tech, Inc., for rehabilitating the effluent sand filters at the City's Northeast Water Reclamation Facility (23-0045-UT) in the amount of$315,951.00 pursuant to RFQ 34-23, Engineer of Record (EOR) Consulting Services and authorize the appropriation officials to execute same. (consent) 6.10Approve an increase on purchase order to RDK Assets, Inc of Tampa, FL for solid waste and recycling truck rentals in the amount of$204,000.00 for a total not to exceed amount of$300,500.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 6.1lAppoint Martin D. Kelly to the Sister Cities Advisory Board, as the Business Community Representative, with a term to expire March 31, 2028. (consent) 6.12Appoint Janel Griffeth Donatto to the Pinellas Opportunity Council, Inc. (Regional Board) to fill the remained of an unexpired term through February 2, 2028. (consent) 6.13Appoint Linda Byars to the Neighborhood and Affordable Housing Advisory Board, as the citizen representative, to fill the remainder of an unexpired term through November 30, 2025. (consent) 6.14Reappoint John Renton to the Airpark Advisory Board to a term expiring May 1, 2028. (consent) 6.15Appoint Juliet Marvenko to the Pension Advisory Committee to a term ending April 1, Page 4 City of Clearwater City Council Meeting Minutes May 16, 2024 2026. (consent) Councilmember Teixeira moved to approve the Consent Agenda as presented and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve amendments to the Community Development Code, to provide for accessory dwelling units in certain residential zoning districts, to provide additional standards for car washes, to establish standards for solar energy systems and density bonuses for the use of graywater systems, to update mechanical screening requirements, to remove outdated requirements related to concurrency, to update standards for traffic impact studies, to require a notice of application for Level Two cases prior to the Development Review Committee meeting, and various other formatting and editorial clarifications; and pass Ordinance 9758-24 on first reading. Proposed Ordinance No. 9758-24 contains numerous staff-initiated amendments to the Community Development Code, which come from the city's adoption of Clearwater 2045, the city's new Comprehensive Plan, including updating references to Clearwater 2045 that are now outdated; Greenprint 2.0, the city's sustainability plan; and changes to state statutes through recent legislation. Additional amendments to certain zoning districts add review criteria or bring consistency between all districts; add Level Two applications to those that are noticed after an application is deemed complete; and other minor amendments that clean up typographical errors within the code or update graphics to help provide additional clarity. The largest amendments are the establishment of accessory dwelling units as a newly permitted use within certain residential zoning districts and the associated development standards for that use. This proposed amendment will also reestablish accessory dwelling unit as a permitted use within the Downtown District. Accessory dwellings are currently permitted in certain nonresidential zoning districts, and this proposed amendment will add additional development criteria for accessory dwelling units within the identified districts. The creation of accessory dwelling units is supported by Clearwater 2045. Below is a summary of the substantive amendments included in the ordinance. • Establishment of accessory dwelling unit, or ADU, as a permitted use in certain residential zoning districts. • Establishment of floating solar energy systems as required by House Bill 1411, 2022. • Creation of density bonuses for the use of graywater systems for certain Page 5 City of Clearwater City Council Meeting Minutes May 16, 2024 residential developments as required by Senate Bill 64, 2021. • Revisions to the timeframe for the placement of temporary housing after a natural disaster as required by Senate Bill 250, 2023. • Updates noticing requirements to provide affected property owners and registered neighborhood associations advanced notice of Level Two applications prior to the Development Review Committee meeting. • Creation of two flexibility criteria under the Commercial (C) Zoning District for car washes to address design changes that have occurred in the car wash industry. • Creation of regulations for solar energy systems to ensure consistent development of such systems and to support the city's sustainability goals. • Allows for projects utilizing or requesting affordable housing density bonuses to be approved at a staff level review. • Creates new definitions and modifies existing definitions for clarity and to remove outdated information. • Minor editorial changes to bring clarity and consistency throughout the code; update or remove outdated references; and other typographical or formatting amendments. 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), reviewed the proposed amendments to the Community Development Code at its meeting on April 16, 2024, and unanimously recommended approval with the modification for the definition for Dwelling Unit, Accessory be amended to ensure that an accessory dwelling unit could not be used as a short term rental in residential zoning districts. STRATEGIC PRIORITY: These proposed amendments support the Environmental Stewardship and Community Well-Being goals of the city's Strategic Plan by providing amendments to the Community Development Code that aim to increase aesthetic appeal, livability, and the use of sustainable practices within the city. Planner Kyle Brotherton provided a PowerPoint presentation. In response to questions, the City Attorney said if Council approves the ordinance with the proposed amendment to remove the owner occupancy requirement, Council could change the ordinance back to require owner occupancy but would have to grandfather any properties with ADU rental agreements in place. Page 6 City of Clearwater City Council Meeting Minutes May 16, 2024 Discussion ensued with council consensus to approve the ordinance that includes the owner-occupancy requirement. One individual supported eliminating the owner-occupancy requirement. One individual spoke in support and thanked Council for including language that provides residents with additional notice for cases going before the Development Review Committee. Ordinance 9758-24 was presented and read by title only. Vice Mayor Allbritton moved to approve amendments to the Community Development Code, to provide for accessory dwelling units in certain residential zoning districts, to provide additional standards for car washes, to establish standards for solar energy systems and density bonuses for the use of graywater systems, to update mechanical screening requirements, to remove outdated requirements related to concurrency, to update standards for traffic impact studies, to require a notice of application for Level Two cases prior to the Development Review Committee meeting, and various other formatting and editorial clarifications; and pass Ordinance 9758-24 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 7.2 Approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Preservation (P) and initial Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P) Districts for 1239 Brookside Drive together with the abutting right-of-way of Beverly Circle North and pass Ordinances 9759-24, 9760-24, and 9761-24 on first reading. (ATA2024-03002) The Planning and Development Department is executing an Agreement to Annex (ATA) that was signed on January 5, 2023, at the request of the property owner. Execution of this ATA will result in the annexation of a 0.255-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the northeast corner of Brookside Drive and Beverly Circle North. The property was recently developed with a detached dwelling under Pinellas County's jurisdiction and has been issued a Certificate of Occupancy. The Development Review Committee is proposing that the 0.08-acres of abutting Beverly Circle North right-of-way not currently within city limits also be annexed. The property is contiguous to existing city boundaries to the south and west. It is proposed that the property be assigned Future Land Page 7 City of Clearwater City Council Meeting Minutes May 16, 2024 Use Map designations of Residential Low (RL) and Preservation (P) and Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P). 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, sanitary sewer, and solid waste service from the city. The required sewer impact fee has been paid in full and the property was connected to the city's closest sanitary sewer line located in the adjacent Brookside Drive right-of-way at the time of construction. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station #47 located at 1460 Lakeview Road. The city has adequate capacity to serve this property with police, fire and EMS service. The proposed annexation will not have an adverse effect on public services and their levels of service; and • The proposed annexation is consistent with and promotes the following objective and policy of the Clearwater Comprehensive Plan: Objective PI 9.1 Continue to work with Pinellas County in the orderly annexation of the city's existing enclaves. Policy PI 9.1.9 Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Chapter 171, F.S. • The proposed Residential Low (RL) and Preservation (P) Future Land Use Map categories are consistent with the current Countywide Plan designation of the property. The proposed RL designation primarily permits residential uses at a density of 5 units per acre. The P designation is proposed to be applied to continue to recognize the watershed on the property. The proposed zoning districts to be assigned to the property are the Low Density Residential (LDR) and Preservation (P) Districts. 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 south and west; therefore, the annexation is Page 8 City of Clearwater City Council Meeting Minutes May 16, 2024 consistent with Florida Statutes Chapter 171.044. STRATEGIC PRIORITY: This annexation petition supports the Deliver Effective and Efficient Services by Optimizing City Assets and Resources goal of the city's Strategic Plan by reducing enclaves and delivering city services to properties within the city's service boundary. This petition also supports Ensure Exceptional Communities and Neighborhoods Where Everyone Can Thrive goal by better unifying neighborhoods and reducing issues with multiple jurisdictions. Ordinances 9759-24, 9760-24, and 9761-24 were presented and read by title only. Councilmember Mannino moved to approve the annexation, initial Future Land Use Map designations of Residential Low (RL) and Preservation (P) and initial Zoning Atlas designations of Low Density Residential (LDR) and Preservation (P) Districts for 1239 Brookside Drive together with the abutting right-of-way of Beverly Circle North and pass Ordinances 9759-24, 9760-24, and 9761-24 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 7.3 Approve the First Amendment to Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group pursuant to Community Development Code Section 4-606; adopt Resolution 24-09, and authorize the appropriate officials to execute same. (DVA2022-06001A) The properties subject to this first amendment to the Development Agreement include a portion of the former City Hall site located at the northwest corner South Osceola Avenue and Pierce Street (112 South Osceola Avenue) and a portion of the former Harborview site located north of Cleveland Street (50 North Osceola Avenue). The properties are located within the Central Business District (CBD) future land use category, the Downtown (D) District and the Downtown Core Character District of the Clearwater Downtown Redevelopment Plan. The proposed first amendment to the Development Agreement between the City and the Developer (i.e., Gotham Property Acquisitions, LLC and The DeNunzio Group, LLC) includes a total of 12 amendment and includes the following main provisions: Page 9 City of Clearwater City Council Meeting Minutes May 16, 2024 • Incorporates new concept plan for City Hall with 400 units and 12,400 square feet of commercial space at a height of 295 feet and 440 parking spaces. Proposal requires request of 211 units from the Public Amenities Incentive Pool • Allows 50% of City Hall site parking to be located above ground but not visible from Osceola Avenue • Removes provisions relating to the construction and funding of the pedestrian bridge • Provides for a Purchase Price of$3.5 million for City Hall • Extends Substantial Completion Date to December 31, 2028 • Provides for liquidated damages of$1,000,000 if not substantially complete by December 31, 2028 • Provide CRA Incentive of$2,250,000 at Substantial Completion • Provides CRA Incentive of$1,000,000 if closing occurs by March 1, 2026 • Provides up to six two-month closing extensions but requires developer to pay the City $200,000 for each such extension The proposal is in compliance with the standards for Development Agreements contained in Section 4-606, is consistent with the city's Comprehensive Plan and Community Development Code, and furthers the vision of Downtown redevelopment as set forth in Clearwater Downtown Redevelopment Plan, as determined by the Planning and Development Department. The Community Development Board reviewed this first amendment to the Development Agreement at its public hearing on April 16, 2024 and unanimously recommended approval with the following revision to Section 4.12. Section 4.12. Parking. The Project shall include a minimum of four hundred forty 440 parking spaces at the City Hall Site (or a ratio of 1.1:1 parking spaces, whichever is greater). The Harbnnii i Site shall innlu de the Gede regio iired parking whish is antinipated to r-r�-vvry-r be ono hundred nineteen (1 19) es at the former HarbeN.ew Site plus an additional fifty (50) snares for the benefit of the Gil. 'boNiew Site for a total of one hundred sixty nine (1 69) snares all �s shnnin nn the �i rnnGent Plan These City Hall Site parking spaces shall be within a parking garage that shall be constructed to include approximately 50% of the spaces above ground and 50% subterranean spaces. The above ground spaces shall be designed so that they are not visible from Osceola Avenue, but may be visible from Coachman Park. The narking garage shall he nnnstn inter! to innlu de approximately 500/ of the sspa bode ground and 509% subhtterranean spats. The above ground Page 10 City of Clearwater City Council Meeting Minutes May 16, 2024 spuGes shall be designed se that they are not be visible from OSGeela venue, but may be visible from GeaGhman Dark! The Harborview Site shall include Code required parking spaces which include a minimum of one hundred nineteen (119) parking spaces for the former Harborview Site plus an additional fifty (50) spaces for the benefit of the City at the Harborview Site for a total of one hundred sixty-nine (169) spaces. The Harborview Site parking garage will be subterranean. This proposed amendment has been incorporated into the Agreement. APPROPRIATION CODE AND AMOUNT: Funding for the CRA incentives has been previously approved by the CRA Trustees. The City parking contribution of$22 million included in the original development agreement will be funded from Parking System Fund reserves at closing. STRATEGIC PRIORITY: This project involves a public-private partnership focused on creating an active edge along Coachman Park that will bridge the waterfront to Downtown. The amendment implements Economic and Housing Opportunity Objectives 2.1 and 2.3 which focus on strengthening public-private initiatives that attract, develop, and retain diversified business sectors and promoting Clearwater as a premier destination for entertainment, cultural experiences, tourism, and national sporting events. Additionally, this key redevelopment project implements the Community Well-Being Objective 3.2 of preserving community livability through responsible development standards, proactive code compliance, and targeted revitalization. Planning and Development Director Gina Clayton provided a PowerPoint presentation. Applicant representative Katie Cole reviewed the amendments and provided a PowerPoint presentation. Gotham Properties President of Development Bryan Kelly thanked the City for its public-private partnership and for pushing on the design, which improved the project's aesthetics. One individual questioned the reduction in retail space. One individual spoke in support. Ms. Cole said the retail space on the hotel site has not been modified. At the time of the development agreement, the architects and developer Page 11 City of Clearwater City Council Meeting Minutes May 16, 2024 identified potential commercial space on the roof, second floor, and ground floor because the building had not been programmed. She said the space has now been programmed, which includes some residential amenity space and some commercial space. The retail space on the rooftop and second floor were reduced, the ground floor retail space plan has not changed. Resolution 24-09 was presented and read by title only. Councilmember Cotton moved to approve the First Amendment to Development Agreement between the City of Clearwater and Gotham Property Acquisitions, LLC and The DeNunzio Group pursuant to Community Development Code Section 4-606; adopt Resolution 24-09, and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira 7.4 Continue to June 6, 2024: Approve the request to vacate a utility easement defined as the westerly 5 feet of a rear drainage utility easement in lot 10, Block 4, Woodvalley Unit No. 5, a subdivision according to a recorded Plat Book 68, Page 32, in the public records of Pinellas County, Florida and pass Ordinance 9767-24 on first reading. AND 7.5 Continue to June 6, 2024: Approve the request to vacate an easement defined as the south 5 foot utility easement of Lot 31, Block c, less the west 10 feet, and the north 5 foot utility easement, of lot 32, block c, less the west 10 feet, as recorded in Plat Book 66, Page 16, Sall's Lake Park, of the public records of Pinellas county, Florida and pass Ordinance 9768-24 on first reading. AND 7.6 Continue to June 6, 2024: Approve the request to vacate an easement defined as the northern 10 feet of lots 12 and 13, Block 19, Milton Park replat as recorded in plat book 10, page 28 and under OR Book 3750, Page 354, of the public records of Pinellas County, Florida and pass Ordinance 9769-24 on first reading. Councilmember Teixeira moved to continue Items 7.4 through 7.6 to June 6, 2024. The motion was duly seconded and carried unanimously. Page 12 City of Clearwater City Council Meeting Minutes May 16, 2024 7.7 FDOT Drew Street Project Update. Mayor Rector said the City Council wants all streets within Clearwater to be safe and is committed to improving Drew Street. Many in the community have expressed concerns with the proposed lane elimination, while others support the lane elimination. He said he spoke with members of the Pinellas County Board of Commissioners, state legislators, FDOT leaders, and the Governor's office regarding the proposed lane elimination and the funds awarded to the project. He said there was consensus among the individuals that the City should collaborate with FDOT and Forward Pinellas. Forward Pinellas Executive Director Whit Blanton said the organization depends on good partnerships with Clearwater and will push forward the best solution supported by the City. He said Drew Street is a challenging project that includes different safety strategies along Osceola Avenue to US Hwy 19. For example, east of Keene Road, lane repurposing is not an option due to high traffic volumes and road functionality. He said staff is addressing the walking, biking, and driving environment in that section of Drew Street to make it safer. He spoke with the State regarding the City's concerns; Forward Pinellas will provide the City additional time for questions and to find areas of compromise. Forward Pinellas will adopt the transportation improvement program and annual list of priorities on June 10, 2024 and will need to know by then regarding the status of the $20 million allocated to Drew Street in Fiscal Year(FY) 2026. If the funds cannot be allocated to another Pinellas County project ready to go in FY 26, the funds will be redirected to another county in the district. Mr. Blanton said if the funds are redirected, Forward Pinellas will find money in the next funding cycle for safety solutions on Drew Street that are supported by the City. Discussion ensued with support expressed to work with Forward Pinellas on a compromise and continue the agenda item to June 3, 2024. Thirteen individuals supported the Drew Street project. Three individuals opposed the proposed lane elimination. Three individuals opposed the Drew Street project. One individual supported continuing the item. Seventeen individuals submitted an email supporting the Drew Street project Page 13 City of Clearwater City Council Meeting Minutes May 16, 2024 (see pages 18— 38 and 40). The Council recessed from 8:42 p.m. to 8:54 p.m. Vice Mayor Allbritton moved to postpone Item 7.7. The motion was duly seconded and carried unanimously. 7.8 Designate the Clearwater Arts Alliance as the official Arts Alliance for the city of Clearwater and adopt Resolution 24-06. The Clearwater Arts Alliance (originally called Clearwater Arts Foundation Inc.) was created in 1999 as a 501(c)3 not-for-profit organization and was co-founded by former City of Clearwater Cultural Arts Director Margo Walbot. CAA exists for the primary purpose of advocating, collaborating, fundraising, and bringing visibility to the arts and creating a better community. CAA fulfills the needs of the pubic and city government by organizing local educational art walks, implementing public arts programing, and grant funding. CAA, as a 501(c)3 arts organization, operates mainly within the corporate limits of the City of Clearwater and has never been designated as the official arts alliance recognized by the City of Clearwater. Since 1999, CAA has pioneered initiatives such Pianos for Pinellas, Clearwater Arts Walks, and Arts Education Teacher grants. CAA was responsible for Pinellas County's first signal box wrap program "Thinking Outside the Box". CAA is expanding its role by assisting the City in projects like revitalizing the 360 sculpture walk along Cleveland St. and organizing an exhibition in the Clearwater Main Library galleries. The City of Clearwater has not recognized any arts organization as the official arts alliance to operate within the corporate limits of the City of Clearwater. Staff agrees and supports the purposes of the Clearwater Arts Alliance as set forth above and recommends that Council designate them as the official arts alliance within the City of Clearwater. Resolution 24-06 was presented and read by title only. Councilmember Mannino moved to designate the Clearwater Arts Alliance as the official Arts Alliance for the city of Clearwater and adopt Resolution 24-06. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Rector, Vice Mayor Allbritton, Councilmember Cotton, Councilmember Mannino and Councilmember Teixeira Page 14 City of Clearwater City Council Meeting Minutes May 16, 2024 7.9 Approve a purchase order to United Rentals (North America) Inc. for the rental of eight portable pumps for term June 1, 2024 through August 27, 2024, with an optional three-month extension, valid November 30, 2024, if the underlying contract is renewed in the total not-to-exceed amount of$139,176, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), piggyback, and authorize the appropriate officials to execute same. Given the increased sea levels, with hurricane season rapidly approaching and based upon the successful results of the initial supplemental stormwater pump deployment on North Beach, it is staff's desire to ensure that supplemental stormwater pumps are deployed and ready for service at each of the eight gravity stormwater outfalls on North Beach. On April 29, 2024, City Council approved the purchase of four portable pumps from MWI Corporation. With hurricane season quickly approaching, rental pumps are necessary to reduce overload and surcharge of the stormwater conveyance by pumping stormwater discharge versus relying on gravity flow, which is impossible during periods of high tides. The current rental pumps are deployed at four intersections of Bay Esplanade and Bruce Ave., Carlouel Dr., Laurel, and Gardenia streets until the purchased pumps can be delivered. The current rental pump term is approaching its expiration and cannot be extended. Public Works is awaiting a delivery date of the new purchased pumps. To ensure continuous pumping operations, multiple "cooperative-qualified" vendors were contacted for pump availability and pricing to provide eight 4-in. rental pumps during the time gap. United Rentals provided two separate quotes for the eight pumps. The proposals are a piggyback off Sourcewell contract#062320-URI valid through August 27, 2024, with the option for a one-year renewal. Public Works anticipates pump rental through August 27, 2024, with a 3-month renewal through November 30, 2024 included to cover a worst-case scenario, a delayed delivery of the purchased pumps. The 6-month total rental is $139,176. Public Works is aware that if the Sourcewell contract does not renew for the additional one-year term, the Public Works contract would be terminated on August 27, 2024, and Public Works would need to be find an alternate option. If an additional rental term is needed, Public Works will bring a request for an increase to Council for approval. APPROPRIATION CODE AND AMOUNT: ENST1 80001-CONS-MATRLS $139,176.00 Funds are available in Capital Improvement Project 319-ENST180001, Storm System Improvements, to fund this purchase order. STRATEGIC PRIORITY: 1.2 Maintain public infrastructure, mobility systems, natural lands, environmental resources, and historic features through systematic management efforts. Councilmember Cotton moved to approve a purchase order to Page 15 City of Clearwater City Council Meeting Minutes May 16, 2024 United Rentals (North America) Inc. for the rental of eight portable pumps for term June 1, 2024 through August 27, 2024, with an optional three-month extension, valid November 30, 2024, if the underlying contract is renewed in the total not-to-exceed amount of $139,176, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), piggyback, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 8. Citizens to be heard re items not on the agenda - For purposes of this role, "items pertaining to city business" includes any matter within the Council's or the City Manager's power to act, any matter that the Council previously voted on or discussed at the dais, or any matter discussed by or scheduled to be considered by another governmental entity that affects the operation of the City. Each person who wishes to address the Council shall complete a comment card and submit the card to the City Clerk (right-hand side of dais) before the speaker will be permitted to speak. However, if the speaker has just arrived or decided to speak, the Chair may allow the card to be filled out after speaking. Individuals will limit their comments to a maximum of three minutes. The Mayor shall advise the speaker that their time has expired. If the person remains at the podium, thereby interfering with other persons who may wish to be heard, the speaker's microphone may be turned off, or the Mayor may rule the person out of order in accordance with Rule 15. Captain Scott Flesch, Vilmarie Spiridis, and Captain Ryan Huffman expressed concerns with the lack of charter boat resources at the Clearwater Beach Marina and requested consideration to add dock locations for intermittent charter pick-up and drop-offs in the north and south beach areas. Jason Mastropietro thanked Council for attending the Earth Day celebration at Moccasin Lake and thanked staff for supporting the annual Friends of Moccasin Lake event and activities. Bill Jonson commended Council for the strategic planning retreat and the Informal discussions. Assistant City Manager Dan Slaughter said there is an ordinance that allows the City to issue permits to individuals conducting commercial activity at the Seminole Street Boat Launch. He said the North Beach Recreational Docks do not have the capacity to support a commercial operation. The ordinance allows staff to limit the number of activities, while ensuring the commercial operation does not impede on the citizen use of the docks at Seminole. He said staff is finalizing the permit process and fee amount. Page 16 City of Clearwater City Council Meeting Minutes May 16, 2024 Blain Enderle submitted emails regarding the City and The Sound (see pages 39, 41 - 46 ). 9. City Manager Reports — None. 10. City Manager Verbal Reports 10.1 North Beach Update Public Works Director Marcus Williamson said with hurricane season approaching, staff will continue the prep -cleaning. Although the area did not experience high tide during the recent storm, there were no drainage issues near the weir that was closed. He said the contractor installed two tidal valves; staff is in the process of identifying locations for additional tidal valves. 11. City Attorney Reports — None. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Allbritton said he did not think the Drew Street matter would turn out the way he thought it would, but when Council puts their heads together, good ideas emerge. He looks forward getting together in the coming weeks to discuss Drew Street. 13. Closing Comments by Mayor Mayor Rector reviewed recent events and recognized the following 2024 Bestie Award winners: the Clearwater Marine Aquarium for Best Family Activity, the dolphin mural in Coachman Park for Best Mural, Sugar Sands Festival for Best Festival in Pinellas County, and Clearwater beach for Best Beach. 14. Adjourn The meeting adjourned at 9:41 p.m. Mayor Attest�siLATER`� of Clearwater Q; •a T(: City'CI-rk City of Clearwater FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE POIRRIER,JENNIFER CLEARWATER CITY COUNCIL MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 600 CLEVELAND STREET, SUITE 600 MICH I SERVE IS A UNIT OF: CITY COUNTY G1 CITY Q COUNTY Q OTHER LOCAL AGENCY CLEARWATER PINELLAS NAME OF POLITICAL SUBDIVISION: ITY OF CLEARWATER DATE ON WHICH VOTE OCCURRED MY POSIT[ON IS: 5/16/2024 C1 ELECTIVE 4 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs) under Sec. 163.356 or 163,357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST JENNIFER PQIRRIER hereby disclose that on MAY 16 20 24 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Item 6.6 -Approve a Purchase Order with Station Square Condominium Association, Inc.for increased building insurance premiums and the 2024 Condo Association owners'fees. I own a unit in the condominium. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. , "7�­—A Date Filed Sign NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF,1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0,F.A.C. FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME TEIXEIRA, LINA NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CLEARWATER CITY COUNCIL MAILING ADDRESS 600 CLEVELAND STREET, SUITE 600 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH ISERVE ISAUNITOF: d CITY 0 COUNTY 0 OTHER LOCAL AGENCY CITYCOUNTY CLEARWATER PINELLAS NAME OF POLITICAL SUBDIVISION: CITY OF CLEARWATER DATE ON WHICH VOTE OCCURRED 5/16/2024 MY POSITION IS: ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. LINA TEIXEIRA DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on MAY 16 20 24 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or Toss of my business associate, inured to the special gain or loss of my relative inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Item 6.6 - Approve a Purchase Order with Station Square Condominium Association, Inc. for increased building insurance premiums and the 2024 Condo Association owners' fees I own a unit in the condominium. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 5/16/2024 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2