11/07/2024 City Council Meeting Minutes November 7, 2024
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, November 7, 2024
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes November 7, 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, 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 Rector
The meeting was called to order at 6:01 p.m.
2. Invocation — Pastor Steve Kreloff from Lakeside Community Chapel
3. Pledge of Allegiance — Given.
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 Citizens Academy 2024 Graduation
4.2 Suncoast Jazz Festival Proclamation, November 22, 2024 - Joan Dragon, Executive
Director of the Suncoast Jazz Festival
4.3 State of the City - Jennifer Poirrier, City Manager
The City Manager provided a PowerPoint presentation.
5. Approval of Minutes
5.1 Approve the minutes of the October 3, 2024 city council meeting as submitted in
written summation by the City Clerk.
Councilmember Cotton moved to approve the minutes of the
October 3, 2024 city council meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
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City of Clearwater
City Council Meeting Minutes November 7, 2024
6. Consent Agenda — Approved as submitted, less Items 6.1, 6.8, 6.9, 6.10, 6.11,
6.12, and 6.14.
6.1 Approve an Encroachment Agreement between the City of Clearwater and Florida
Gas Transmission Company, LLC for a Clearwater Gas Department gas distribution
pipeline to cross over Florida Gas Transmission Company pipeline facilities and
authorize the appropriate officials to execute same. (consent)
See Below.
6.2 Approve an increase and proposal from Construction Manager at Risk (CMAR)
Kokolakis Contracting, Inc., of Tarpon Springs, FL., for repairs to the Clearwater
Beach Marina main dock in the amount of$115,603.00 bringing the total to
$210,603.00, pursuant to Request for Qualifications (RFQ) 51-24, and authorize the
appropriate officials to execute same. (consent)
6.3 Authorize an increase to purchase orders with Doodie Calls, LLC and United Site
Services of Florida, LLC for the rental of portable toilets, hand washing stations, and
other related items and associated services in the cumulative amount of$75,000.00
bringing the contract amount to $175,000.00 for term October 1, 2024, through
September 30, 2025, with two optional one-year renewals at an annual amount of
$175,000.00 pursuant to RFP 37-23 and authorize the appropriate officials to execute
same. (consent)
6.4 Authorize a work order and purchase order to Geosyntec, Inc. to complete the Closure
Plan Implementation of the Harbor Drive Fill Area in an amount not to exceed
$954,100.00 pursuant to Request for Qualifications (RFQ) 34-23, Engineer of Record
Consulting Services (EOR), and authorize the appropriate officials to execute same.
(consent)
6.5 Approve the final plat for Coachman Park, with physical address at 100 N Osceola
Avenue, 112 S. Osceola Avenue, and 300 Cleveland Street, located between Drew
Street and Pierce Street, west of Osceola Avenue and east of Clearwater Harbor.
(consent)
6.6 Approve a one-year Lease with Christofi and Gimbel, Holdings, LLC., (Lessor) and the
City of Clearwater (Lessee) for office space located at 1255 Cleveland Street located
in Clearwater, FL in the not to exceed amount of$205,000.00 and authorize the
appropriate officials to execute same. (consent)
6.7 Approve a purchase order to Econolite Control, Inc (Econolite) for traffic signal
cabinets and controller components in the amount of$168,399.00 pursuant to
Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the
appropriate officials to execute same. (consent)
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City Council Meeting Minutes November 7, 2024
6.8 Approve purchase order to Communications International of Vero Beach, FL for the
maintenance and repair of the citywide two-way radio communication system and
equipment in the amount of$210,912.00 for term October 1, 2024 through September
30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(a), Single
Source, and authorize the appropriate officials to execute same. (consent).
See Below.
6.9 Authorize purchase orders to multiple vendors for the purchase of computer parts,
product maintenance, servers, and network equipment in the cumulative
not-to-exceed amount of$2,400,000.00, for term December 1, 2024 through either the
expiration of the respective contract or September 30, 2025, pursuant to Clearwater
Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.561(5), small
purchases, and authorize the appropriate officials to execute same. (consent)
See Below.
6.10Approve an increase to the existing purchase order with RDK Assets, Inc of Tampa,
FL for solid waste and recycling truck rentals in the amount of$160,000.00, bringing
the total not to exceed amount to $460,500.00, pursuant to Clearwater Code of
Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to
execute same. (consent)
See Below.
6.11 Ratify and confirm a purchase order with CrowderGulf Joint Venture, Inc. of Mobile,
AL for Hurricane Helene debris removal in an amount of$4,146,250.00, pursuant to
RFP 08-24. (consent)
See Below.
6.12Approve the 2025 city council meeting schedule.
See Below.
6.13Approve a license agreement between the City of Clearwater and PLDD Harborview,
LLC (PLDD) to allow PLDD to use the Clearwater Main Library Parking Lot located at
100 N. Osceola Ave, Clearwater, FL 33755 for access, ingress, and egress privileges
and authorize the appropriate officials to execute the same. (consent)
6.14Approve updated legal services agreement between the City and Bush Graziano Rice
and Hearing, P.A. for the legal representation in the matter of Nathaniel Brooks v. City
of Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, and
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City of Clearwater
City Council Meeting Minutes November 7, 2024
authorize the appropriate officials to execute same. (consent)
See Below.
Councilmember Teixeira moved to approve the Consent Agenda,
less Items 6.1, 6.8, 6.9, 6.10, 6.11, 6.12, and 6.14, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
6.1 Approve an Encroachment Agreement between the City of Clearwater and Florida
Gas Transmission Company, LLC for a Clearwater Gas Department gas distribution
pipeline to cross over Florida Gas Transmission Company pipeline facilities and
authorize the appropriate officials to execute same. (consent)
This is a request to approve an Encroachment Agreement between Florida
Gas Transmission Company, LLC and the City of Clearwater, Florida.
Clearwater Gas Department seeks to install an eight inch gas distribution
pipeline in the area where Florida Gas Transmission Company operates a
thirty inch pipeline and a thirty-six inch pipeline. The location is near State
Road 52 and North Sunlake Boulevard in Pasco County. Clearwater Gas
Department is seeking permissions from Florida Gas Transmission Company
to cross their facilities.
STRATEGIC PRIORITY:
Maintain public infrastructure through systematic management efforts.
Vice Mayor Allbritton moved to approve an Encroachment
Agreement between the City of Clearwater and Florida Gas
Transmission Company, LLC for a Clearwater Gas Department gas
distribution pipeline to cross over Florida Gas Transmission
Company pipeline facilities and authorize the appropriate officials
to execute same. The motion was duly seconded and carried
unanimously.
6.8 Approve purchase order to Communications International of Vero Beach, FL for the
maintenance and repair of the citywide two-way radio communication system and
equipment in the amount of$210,912.00 for term October 1, 2024 through September
30, 2025, pursuant to Clearwater Code of Ordinances Section 2.563(1)(a), Single
Source, and authorize the appropriate officials to execute same. (consent).
Communications International is the authorized L3Harris Channel Partner
assigned to the City. This is a renewal to the existing annual maintenance
agreement and authorizes Communications International to provide preventive
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City of Clearwater
City Council Meeting Minutes November 7, 2024
maintenance, repair and/or replacement, demand, and emergency services on
all of the City's owned two-way radios and terminals used by Clearwater Police
Department, Solid Waste & Recycling, Clearwater Gas System, and other city
departments. Use of another company to perform these services and repairs
may void portions of coverage still under warranty.
There are only two providers that provide this type of equipment and service,
and they are L3Harris and Motorola. Cl is the sole provider for L3Harris, and
we utilize the L3Harris radio format as opposed to Motorola. There aren't any
immediate alternatives available. Staff is currently evaluating the costs and
benefits of migrating to the Motorola radio maintained by Pinellas County.
The term of this annual maintenance agreement is for one year, October 1,
2024 through September 30, 2025.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Garage Fund-Radio Maintenance cost code
5666620-530300, contractual services, to fund this contract. The Garage Fund
is an internal service fund of the City which supports city-wide fleet services
and radio communications.
One individual spoke in opposition.
Councilmember Mannino moved to approve purchase order to
Communications International of Vero Beach, FL for the
maintenance and repair of the citywide two-way radio
communication system and equipment in the amount of
$210,912.00 for term October 1, 2024 through September 30, 2025,
pursuant to Clearwater Code of Ordinances Section 2.563(1)(a),
Single Source, and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
6.9 Authorize purchase orders to multiple vendors for the purchase of computer parts,
product maintenance, servers, and network equipment in the cumulative
not-to-exceed amount of$2,400,000.00, for term December 1, 2024 through either the
expiration of the respective contract or September 30, 2025, pursuant to Clearwater
Code of Ordinances Section 2.563 (1)(c), Piggyback, and Section 2.561(5), small
purchases, and authorize the appropriate officials to execute same. (consent)
The Information Technology Department is requesting authorization to procure
computer and network supplies from various vendors to include parts, cabling,
servers, computers, power supplies, wireless and security technology for the
maintenance and upgrade of the city's computer network and equipment.
Purchases will be obtained through various piggyback contracts.
The list of vendors with their piggyback contracts are as follows:
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City of Clearwater
City Council Meeting Minutes November 7, 2024
Amazon:
• Omnia Contract No. MA3457 (State of Utah) valid through 05/05/2025
https://www.omniapartners.com/suppliers/amazon-business/pgblic-sect
or/contract-documents#contract-390
<https://www.omniapartners.com/suppliers/amazon-business/�public-sec
tor/contract-documents>
CDW-Government LLC:
• Omnia Contract No. MA3458 (State of Utah) valid through 05/05/2025
https://www.omniapartners.com/suppliers/cdwg/pgblic-sector/contract-d
ocuments#contract-387
iers.com/suppliers/cdwg/public-sector/contract-
docurnents>.
• Sourcewell Contract No. 071321-CDW valid through 09/10/2025
<https://www.sourcewell-mn.gov/cooperative-purchasing/07132l-CDW
• Omnia 2024056-01 - GOV (City of Mesa, AZ) valid through 7/1/28
<https://www.omniapartners.com/suppliers/cdwg/public-sector/contract-
documents>.
• Sourcewell 121923-CDWG Tech Catalog valid through 2/27/2028
<https://www.sourcewell-mn.gov/cooperative-purchasing/121923-CDW
• State of Florida Contract No. 43230000-23-NASPO-ACS valid through
04/24/2027
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
Carasoft, Inc:
• State of Florida Contract No. 43230000-NASPO-16-ACS valid through
09/30/2026
<https://www.dms.myflorida.com/business operations/state purchasing
/state contracts and agreements/alternate contract source/cloud sol
utions>
DGR:
• OMNIA PARTNERS CONTRACT 01-154(IT Security and Data
Protection Solutions) (Region 14 ESC-TX)Valid Through 11/30/2025
https://www.omniapartners.com/suppliers/fortinet/public-sector/contract-
docurnents#contract-1 517
<https://www.omniapartners.com/suppliers/fortinet/pubtic-sector/contrac
t-docurnents>
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City of Clearwater
City Council Meeting Minutes November 7, 2024
• SOURCEWELL CONTRACT RFP#121923 Valid Through 02/27/2028
Chttps://www.sourcewell-mn.gov/cooperative-purchasing/121923-dgr>
• SVAR 43230000-23-NASPO-ACS(State of Florida)Valid Through
04/24/2027
Chttps://www.dms.myflorida.com/business operations/state=purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
DOF Creations:
• OMNIA PARTNERS CONTRACT 01-154(IT Security and Data
Protection Solutions) (Region 14 ESC-TX)Valid Through 11/30/2025
https://www.omniapartners.com/suppliers/fortinet/public-sector/contract-
documents#contract-1517
Chttps://www.omniapartners.com/suppliers/fortinet/public-sector/contrac
t-documents>
GovConnection dba Connection Public Sector Solutions:
• Omnia Contract No. 01-144 (Region XIV Education Service Center)
valid through 11/30/2025
htts://www.om niapartners.com/suppliers/connection/public-sector/cont
ract-documents#contract-1476
<htts://www.omniapartners.com/suppliers/connection/public-sector/con
tract-documents>
HP, Inc:
• FL - State of Florida (NVP PC5)43230000-23-NASPO-ACS Valid
Through 04/24/2027
<htts://www.dms.myflorida.com/business operations/state purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
• FL - State of Florida MFD 44100000-24-NASPO-ACS Valid Through
07/31/2026
<htts://www.dms.myflorida.com/business operations/state purchasing
/state contracts and agreements/alternate contract source/multi-func
tion devices copiers and related software and services>
InSight Public Sector Inc:
• State of Florida Contract No. 43230000-23-NASPO-ACS valid through
04/24/2027
<https://www.dms.myflorida.com/business operations/state purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
• State of Florida Contract No. 43230000-NASPO-16-ACS valid through
09/30/2026
<https://www.dms.myflorida.com/business operations/state purchasing
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City of Clearwater
City Council Meeting Minutes November 7, 2024
/state contracts and agreements/alternate contract source/cloud sol
utions>
SHI International Corp:
• State of Florida Contract No. 43230000-23-NASPO-ACS valid through
04/24/2027
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/software
value added reseller svar>
• State of Florida Contract No. 43230000-NASPO-16-ACS valid through
09/30/2026
<https://www.dms.myflorida.com/business operations/state_Purchasing
/state contracts and agreements/alternate contract source/cloud sol
utions>
• TIPS-Tech.Solutions, Products&Servies 230105 Valid Through
5/31/2028
<https://www.tips-usa.com/vendorProfile.cfm?
Record I D=7D90DFBE5334489DF430FE8FF41599D3>
• Omnia 2024056-02 (City of Mesa,AZ)Valid Through 7/1/2028
<https://www.omniapartners.com/suppliers/shi/public-sector/contract-do
curnents>
Authorization to add additional vendors as needed is also requested following
the proper procurement process with oversight from the Procurement Division
to include small dollar purchases subject to Clearwater Code of Ordinances
Section 2.561(5).
APPROPRIATION CODE AND AMOUNT:
Funds are available in various departmental cost centers in object codes
550100 (Office Supplies), 550400 (Operating Supplies), 550800 (Computer
Parts), 530100 (Professional Services), 530300 (Contractual Services), and
530500 (Maintenance) as well as various Capital Improvement Projects to fund
these purchases.
STRATEGIC PRIORITY:
These purchases help accomplish strategic objectives 1.2, 1.3, and 1.4. The
Information Technology Department maintains critical public infrastructure to
deliver sustain a high level of service to support a safe and healthy community.
One individual spoke in opposition.
In response to a question, IT Director Dan Mayer said the items are
purchased as needed.
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City Council Meeting Minutes November 7, 2024
Councilmember Cotton moved to authorize purchase orders to
multiple vendors for the purchase of computer parts, product
maintenance, servers, and network equipment in the cumulative
not-to-exceed amount of $2,400,000.00, for term December 1, 2024
through either the expiration of the respective contract or
September 30, 2025, pursuant to Clearwater Code of Ordinances
Section 2.563 (1)(c), Piggyback, and Section 2.561(5), small
purchases, and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
6.10Approve an increase to the existing purchase order with RDK Assets, Inc of Tampa,
FL for solid waste and recycling truck rentals in the amount of$160,000.00, bringing
the total not to exceed amount to $460,500.00, pursuant to Clearwater Code of
Ordinances Section 2.563 (1)(c), Piggyback, and authorize the appropriate officials to
execute same. (consent)
Due to the impacts from Hurricane Helene and in anticipation of Hurricane
Milton, the Solid Waste/Recycling (SWR) department contacted RDK on
October 7, 2024 to secure six additional rental trucks. These included three
rear-end loader trucks and three grapple/jaws trucks, which were picked up to
assist with storm debris removal after Hurricane Milton passed. The requested
additional funds will allow the department to use these six trucks through the
end of December 2024, supporting efforts to bring the city back to being bright
and beautiful from bay to beach.
The initial purchase order, approved by the City Manager in October 2023,
amounted to $96,500.00 for truck rentals through a piggyback agreement with
City of Boynton Beach ITB 011-2515-19/IT, valid through March 19, 2025. On
May 16, 2024, Council approved an additional $204,000.00 to accommodate
rentals due to significant operational challenges in SWR's fleet, including
mechanical failures and delayed deliveries of new trucks, bringing the
purchase order to $300,500.00. Authorization is now requested for an
additional $160,000.00 to cover more rental trucks for storm debris removal,
bringing the total purchase order amount to $460,500.00.
APPROPRIATION CODE AND AMOUNT:
This purchase order will be coded to Solid Waste Fund cost code
4242083-544100-D2501, Rentals-Equipment-Hurricane Milton, which is used
to track Hurricane Milton expenses. Reimbursement is anticipated from FEMA.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
This item falls under objective 1.3 (adopt responsive levels of service for public
facilities and amenities) within High Performing Government.
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City Council Meeting Minutes November 7, 2024
One individual spoke in opposition.
Councilmember Teixeira moved to approve an increase to the
existing purchase order with RDK Assets, Inc of Tampa, FL for
solid waste and recycling truck rentals in the amount of
$160,000.00, bringing the total not to exceed amount to
$460,500.00, 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.
6.11 Ratify and confirm a purchase order with CrowderGulf Joint Venture, Inc. of Mobile,
AL for Hurricane Helene debris removal in an amount of$4,146,250.00, pursuant to
RFP 08-24. (consent)
On February 9, 2024, Procurement issued Request for Proposal (RFP) 08-24,
Disaster Debris Removal and Disposal Services for debris removal and
disposal services in the event of a major disaster and received nine responses
on March 12, 2024. The evaluation committee consisting of representatives
from Clearwater Fire & Rescue, Finance, Parks and Recreation and Solid
Waste & Recycling carefully reviewed each submittal and recommended a
primary award to CrowderGulf Joint Venture, Inc. (CrowderGulf) with a
secondary award to Ceres Environmental Services (Ceres). CrowderGulf
(primary) and Ceres (secondary) have the experience, equipment, manpower,
permits and licenses to perform all related debris management services
(DMS). The contracts to CrowderGulf and Ceres were executed by the City
with the respective vendors on May 13, 2024.
In the aftermath of Hurricane Helene on September 26-27, 2024, CrowderGulf
was activated by the City to provide additional debris removal and
management services. On October 7, 2024, the City Manager approved this
estimate of$4,146,250.00 under an emergency declaration, per City Code of
Ordinances Section 2.563(1)(k). Assuming Council ratification and
confirmation of this purchase order, Solid Waste will return to Council for
approval on a separate purchase order with CrowderGulf for Hurricane Milton
additional debris removal and management services.
APPROPRIATION CODE AND AMOUNT:
This purchase order will be coded to Solid Waste Fund cost code
4242088-546300-D2402, Disaster Response-Hurricane Helene, which is used
to track Hurricane Helene expenses. Based on FEMA guidelines, 100%
reimbursement is anticipated from FEMA so long as debris is removed within
90 days. This cost is estimated to be $5,000,000 requiring a first quarter
budget amendment to this cost code and authorize the use of$3,010,640 of
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City Council Meeting Minutes November 7, 2024
fund reserves to cover this budget increase.
USE OF RESERVE FUNDS:
Funding for this contract will be provided by a first quarter budget amendment
allocating Solid Waste and Recycling Fund reserves in the amount of
$3,010,640.00 to provide the balance of funding needed for this purchase
order. The remaining balance of Solid Waste and Recycling Fund reserves
after 50% working capital reserves is approximately $24.7 million, or 78% of
the current Solid Waste and Recycling Fund operating budget.
STRATEGIC PRIORITY:
This item falls under objective 1.3 (adopt responsive levels of service for public
facilities and amenities) and objective 1.4 (foster safe and healthy communities
in Clearwater through first-class public safety and emergency response
services) within High Performing Government.
Two individuals spoke in opposition.
Vice Mayor Allbritton moved to ratify and confirm a purchase order
with CrowderGulf Joint Venture, Inc. of Mobile, AL for Hurricane
Helene debris removal in an amount of$4,146,250.00, pursuant to
RFP 08-24. The motion was duly seconded and carried
unanimously.
6.12Approve the 2025 city council meeting schedule.
Per City Council Rule 1, Scheduling Council Meetings/Work Session Agendas,
city council meetings are at 6:00 p.m. on the first and third Thursday of each
month. The accompanying work sessions are at 1:30 p.m. on the preceding
Monday, unless the Monday is a holiday, in which case the work session is on
Tuesday. No meetings are held the first Thursday in January and July, or the
third Thursday in December.
Staff has identified the following conflicts:
1. To accommodate the observance of the following holidays, staff
recommends scheduling a council meeting only that week (no consent
agenda):
a. Presidents Day - Monday, February 17, 2025.
Council Meeting: Thursday, February 20, 2025
b. Juneteenth -Thursday, June 19, 2025.
Council Meeting: June 18, 2025.
c. Labor Day - Monday, September 1, 2025
Council Meeting - Thursday, September 4, 2025
d. Yom Kippur - Wednesday, October 1, 2025 through Thursday,
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City Council Meeting Minutes November 7, 2024
October 2, 2025.
Council Meeting: Monday, September 29, 2025
2. To accommodate Jazz Holiday (October 16-19, 2025), staff
recommends moving the Thursday, October 16 council meeting to
Wednesday, October 15.
In addition, staff is proposing a special work session on Thursday, January 30,
2025, from 9:00 am to 12:00 pm, for the annual strategic planning session.
Councilmember Cotton said he had a conflict with the July work session and
council meeting dates and requested consideration to reschedule the July
meeting dates.
Discussion ensued with consensus to approve the 2025 meeting
schedule as presented, except for the July meeting date. Staff was
directed to identify alternate dates for the work session and council
meetings.
Councilmember Cotton moved to approve the 2025 city council
meeting schedule as presented, less the July meeting dates. The
motion was duly seconded and carried unanimously.
6.14Approve updated legal services agreement between the City and Bush Graziano Rice
and Hearing, P.A. for the legal representation in the matter of Nathaniel Brooks v. City
of Clearwater and Joseph Roseto, Civil Action No. 8:21-CV-02967-SDM-TGW, and
authorize the appropriate officials to execute same. (consent)
The City of Clearwater was served with a lawsuit alleging that Mr. Brooks' civil
rights were violated by events that occurred between 2014 and 2018.
The Code of Ordinances requires the City to protect and defend both current
and former employees in any civil action or proceeding in any state or federal
court arising out of any alleged act or omission which occurred or is alleged in
the complaint to have occurred while the employee was acting within the scope
of his public employment or duties. Mr. Roseto was the former HR Director and
named as a co-defendant with the City. The claims against Mr. Roseto were
dismissed in December 2023.
In April 2023, the City Attorney initially assigned defense of this lawsuit to the
law firm of GrayRobinson, P.A., with Gregory Hearing, Esq. being the lead
attorney. In October 2023, Mr. Hearing moved to the law firm of Bush
Graziano Rice & Hearing, P.A., and the City continued to use the services of
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City Council Meeting Minutes November 7, 2024
Mr. Hearing.
Due to the ongoing litigation, the case involving multiple defendants (City and
Mr. Roseto), and the unusually long eight-day jury trial, it is necessary to
increase the budget. This supplement is for$60,000.00, which includes
approximately $21,000.00 for trial related services and the remainder for
post-trial motions.
This purchase is exempt from bidding requirements pursuant to Section
2.563(1)(g), Clearwater Code of Ordinances.
APPROPRIATION CODE AND AMOUNT:
Funding for outside counsel is budgeted in the City Attorney's Office cost code
0109600-530100, Professional Services.
One individual spoke in opposition.
Councilmember Teixeira moved to approve updated legal services
agreement between the City and Bush Graziano Rice and Hearing,
P.A. for the legal representation in the matter of Nathaniel Brooks v.
City of Clearwater and Joseph Roseto, Civil Action No.
8:21-CV-02967-SDM-TGW, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Confirm the Declarations of a State of Emergency due to conditions surrounding
Hurricane Helene and adopt Resolution 24-17.
The entire City of Clearwater was impacted by the wind, rain, and storm surge
of Hurricane Helene and the disruption of services.
The State of Emergency was extended by Mayor Bruce Rector on October 7,
2024, October 14, 2024, and October 21, 2024. Section 15.07(2) of the Code
of Ordinances requires the City Council to confirm the Declarations of a State
of Emergency at the next regularly scheduled meeting.
One individual thanked staff for their outstanding work.
Resolution 24-17 was presented and read by title only.
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City Council Meeting Minutes November 7, 2024
Vice Mayor Allbritton moved to confirm the Declarations of a State
of Emergency due to conditions surrounding Hurricane Helene and
adopt Resolution 24-17. 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 Confirm the Declarations of a State of Emergency due to conditions surrounding
Hurricane Milton and adopt Resolution 24-18.
The entire City of Clearwater was impacted by the wind, rain, and storm surge
of Hurricane Milton and the disruption of services.
A State of Emergency was proclaimed by Mayor Bruce Rector on October 7,
2024, and extended on October 14, 2024, and October 21, 2024. Section
15.07(2) of the Code of Ordinances requires the City Council to confirm the
Declarations of a State of Emergency at the next regularly scheduled meeting.
Resolution 24-18 was presented and read by title only.
Councilmember Mannino moved to confirm the Declarations of a
State of Emergency due to conditions surrounding Hurricane
Milton and adopt Resolution 24-18. 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 amendments to the Clearwater Code of Ordinances Chapter 22, Article II,
Section 22.24, to correct the name of McKay Playfield to McKay Park; change the
operating hours of McKay Park from closed between sunset to sunrise to closed
between 9:00 p.m. and 7:00 a.m.; add five parks to be closed between sunset to
sunrise (Bayshore Trail, North Betty Lane Neighborhood Park, Lake Chautauqua
Equestrian Park and Nature Preserve, McLennan Circle Park and Rainbow Drive
Park); remove one park (Holt Avenue); and pass Ordinance 9770-24 on first reading.
Proposed Ordinance No. 9770-24 will correct the name of McKay Playfield to
McKay Park as consistent with existing nomenclature which typically calls other
similar Department facilities "Parks" and change the operating hours of same
from closed between sunset to sunrise to closed between 9:00 p.m. and 7:00
a.m. The City is in the process of updating and renovating McKay Park with a
new playground and six pickleball courts. These upgrades are the result of
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public input. That same public input also suggested that the current hours
were too limiting with which the Department agrees. It should be noted that the
immediate area is generally within the Old Florida character district of the
Beach by Design planning area, Tourist (T) zoning district and the Resort
Facilities High (RFH) future land use classification. The Old Florida District
envisions the redevelopment of this area primarily with overnight
accommodation and attached dwelling uses with some limited
retail/commercial and mixed-use developments along Mandalay Avenue. The
immediate vicinity is characterized by a variety of overnight accommodation,
retails sales and service, restaurants, bars, and attached dwelling uses. The
properties to the north are predominantly developed with attached dwellings,
overnight accommodations, restaurants, retail sales and service and bars. The
proposed hours of operation are anticipated to the compatible with the
character of the surrounding area.
The Department has determined that the proposed change in the hours of
operation are consistent with Goals PPP 1 and 2 and Policies PPP 1.1.1 and
2.2.5 of the Parks & Public Places Element of the City's Comprehensive Plan
as well as the intent and purpose of the Open Space/Recreation zoning district
of the City's Community Development Section 2-1401 which provides that is to
establish areas where public and private organizations can establish and
operate passive and active open space and recreation facilities which are
important to the quality of life and economic vitality of the City of Clearwater
without adversely impacting the integrity of adjacent residential neighborhoods,
diminishing the scenic quality of the City of Clearwater or negatively impacting
the safe and efficient movement of people and things within the City of
Clearwater.
In addition, the proposed Ordinance will be updated to reflect five existing
parks including Bayshore Trail, North Betty Lane Neighborhood Park, Lake
Chataqua Equestrian Park & Nature Preserve, McLennan Circle Park and
Rainbow Drive Park. All of these parks will be closed Sunset to Sunrise.
Finally, the proposed Ordinance will remove the Holt Avenue Property as that
land area has been incorporated into the Phillip Jones Park and used as
overflow parking.
APPROPRIATION CODE AND AMOUNT:
N/A
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
Approval of the name and operating hours modifications support several
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City Council Meeting Minutes November 7, 2024
Strategic Plan Objectives, including:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts.
1.3: Adopt responsive levels of service for public facilities and
amenities, and identify resources required to sustain that level of
service.
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
3.1: Support neighborhood identity through services and programs that
empower community pride and belonging.
3.2: Preserve community livability through responsible development
standards, proactive code compliance, and targeted revitalization.
Parks and Recreation Director Art Kader said the proposed ordinance
does not include The Mercado, which recently opened, and requested a
motion to amend.
In response to a question, Mr. Kader said The Mercado is located in a
commercial area and staff suggested the 9:00 p.m. closure. The
operating hours for most parks is sunrise to sunset. He said the
operating hours for The Mercado will be adjusted for special events.
The City Attorney said the proposed ordinance title does not align
with the body of the ordinance and suggested continuing the item.
Councilmember Mannino moved to postpone Item 7.3 indefinitely.
The motion was duly seconded and carried unanimously.
7.4 Approve amendments to the Community Development Code clarifying definitions for
artwork and murals (applicable citywide) and modifying window signage standards in
Downtown and pass Ordinance 9791-24 on first reading.
Proposed Ordinance No. 9791-24 addresses two items discussed by City
Council at its July 29, 2024, work session. Specifically, there was consensus
by City Council for consistent window signage allowances throughout the city;
therefore, the proposed amendment increases the amount of window signage
allowed for businesses in the Downtown District from 10% to 25%. Additionally,
during the work session discussion, City Council showed support for murals
and the vibrancy they can bring to the city. Proposed amendments modify the
definitions for artwork and mural, providing clearer guidance on what
components would constitute signage.
The Planning and Development Department has determined that the proposed
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City Council Meeting Minutes November 7, 2024
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 October 15, 2024 and unanimously
recommended approval.
STRATEGIC PRIORITY:
These proposed amendments support the Economic & Housing Opportunity
goal of the city's Strategic Plan by providing amendments to the Community
Development Code that further support businesses.
Two individuals spoke in support.
In response to questions, Planning and Development Assistant Director
Lauren Matzke said where multiple windows arepresent as one large
window, the window grouping will be treated as one window. Code still
requires the storefront window signage to be transparent during the day and
night. The downtown signage code does not permit that windows be tinted
dark or have iridescent films. She said staff worked with several architects
when the Downtown code was revised last year and implemented solar
efficient windowpanes.
Discussion ensued with comments made that the merchants want more
flexibility on signage rather than be confined per space and that signage
is not a problem in Downtown. There was no consensus to increase
flexibility to allow an entire windowpane be covered in signage.
In response to a comment, Ms. Matzke said staff will be presenting more
amendments related to signage. The proposed amendment before
Council was the first step.
Ordinance 9791-24 was presented and read by title only.
Councilmember Teixeira moved to approve amendments to the
Community Development Code clarifying definitions for artwork
and murals (applicable citywide) and modifying window signage
standards in Downtown and pass Ordinance 9791-24 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
7.5 Continue to 12/19/2024: Approve amendment to the Community Development Code
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to establish standards for artificial turf, require landscaped areas in front yards for
residentially zoned properties, clarify the use of nonliving landscape materials, and
make other associated updates, and pass Ordinance 9775-24 on first reading.
(TA2024-07002)
Due to Hurricane Helene and ongoing recovery efforts, staff requested to
continue TA2024-07002 to the Community Development Board's November
19, 2024 meeting, requiring a continuance of the item before City Council.
City Council adoption of this ordinance will occur in 2025, which will require a
new ordinance number to be assigned to this item.
No action.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 9742-24 on second reading, to approve the Vacation request from
the City of Clearwater as the platted owner of an unnamed 10-foot wide alleyway
portion that abuts the west Lot line of Lot 7 in Block F of the corrected plat of
Clearwater Improvement Co., Plaza Park addition according to the map or plat thereof
as recorded in Plat Book 5, Page 53 of the Public Records of Hillsborough county,
Florida, of which Pinellas county was formerly a part.
Ordinance 9742-24 was presented and read by title only.
Vice Mayor Allbritton moved to adopt Ordinance 9742-24 on second
reading and final 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
9. City Manager Verbal Reports
9.1 North Beach Update
Public Works Director Marcus Williamson thanked Public
Communications for disseminating information to residents regarding
where storm debris should be placed. Residents kept debris out of storm
inlets which helped tremendously with the response. He said vacuum
trucks have cleared sand and debris from the pipes and street sweepers
have been out there running. As debris piles are regenerated, street
sweepers have increased their routes and will continue to do so. He said
this is happening across the city. Permanent pumps have been placed.
He said a design firm has been selected for the project and have been
tasked with designing a cost saving and efficient system.
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Meeting Minutes November 7, 2024
Discussion ensued with council consensus to keep the updates on the
agenda as presentations.
10. City Attorney Reports — None.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmembers reviewed recent and upcoming events and thanked staff for
their efforts during and after the storm.
12. Closing Comments by Mayor
13. Adjourn
Attest
Mayor Rector reviewed recent and upcoming events.
The meeting adjourned at 8:17 p.m.
City of Clearwater
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City of Clearwater