11/13/2023 Council Work Session Meeting Minutes November 13, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
e
Meeting Minutes
Monday, November 13, 2023
1 :30 PM
Main Library - Council Chambers
Council Work Session
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City of Clearwater
Council Work Session Meeting Minutes November 13, 2023
Roll Call
Present 5 - Mayor Brian Aungst Sr., Councilmember Mark Bunker,
Councilmember David Allbritton, Councilmember Kathleen Beckman,
and Councilmember Lina Teixeira
Also Present: Jennifer Poirrier— City Manager, Michael Delk—Assistant City
Manager, David Margolis — City Attorney, Rosemarie Call — City Clerk
and Nicole Sprague — Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Aungst
The meeting was called to order at 1:30 p.m.
2. Marine & Aviation
2.1 Final Design Presentation for the Beach Marina Replacement Project (21-0008-MA).
The Clearwater Beach Marina has been in existence since the 1950's. The last
significant renovations occurred in the late 1970's and early 80's. In 2005, the
City pursued a replacement of the docks only at an estimated cost of$8 million
dollars. That project was never initiated.
In October 2021, due to the advanced age of all overwater structures and
utilities, City Council authorized the engineering consulting firm Moffatt & Nichol
to begin the design and permitting process to replace these components. At
that time, the design team was provided the direction to incorporate a vision for
a Marina Walk to integrate with Beach Walk and a requirement to solicit input
from the iconic commercial fleet to accommodate their needs. The preliminary
budget for this ambitious scope of work was $18.3 million dollars.
The design team held meetings with commercial fleet representatives and
presented the master plan to the Marine Advisory Board in March of 2022.
Moffatt and Nichol gave a presentation on the design and the planning exercises
to the city council work session on October 3, 2022. The engineer's estimate of
probable construction cost at the time of presentation was approximately $28
million dollars.
City Council recommended the design be completed with an emphasis on
quality of form and function including but not limited to a new seawall and a
combination of fixed and floating docks. Council requested a follow-up
presentation when the design approached completion.
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Subsequent to the design team's presentation, staff will be requesting for
council comments on the proposed marina design.
Moffatt & Nichol Representative Nicole Pauly provided a PowerPoint
presentation.
In response to questions, Marine and Aviation Director Michael MacDonald
said there are two slips planned for the ferry that are configured to meet their
footprint. Ms. Pauly said the western half will be built first. The bulkhead is
synonymous with sea wall and will be installed directly waterward of the
existing wall, within the same footprint. She said all of the commercial
boardwalks are on the waterside of the wall. There will be a small access on
the southside of Coronado Drive, with a small railing that runs the whole
length. She said no width modifications are being made to Coronado Drive.
At the tightest location, the minimum width is 8 feet. Ms. Pauly said the
shade structures are made of fabric so they can be removed. The signage
will be similar to Beachwalk, the public art component has not been selected
yet. Mr. MacDonald said the dredging component and the sea wall
contributed to the estimated cost increase, which will be finalized during the
bid process.
2.2 Approve a proposal from Engineer of Record Moffat and Nichol, Inc. of Tampa, FL for the
design and permitting of Clearwater Harbor Marina Wave Attenuator Project
(23-0030-MA) in the amount of$302,106.00 and authorize the appropriate officials to
execute same. (consent)
July 20, 2023, City Council approved the use of Engineer of Record (EOR) for
Professional Services Agreements (I D#23-0785) for Moffatt & Nichol and other
engineering firms for a period of four years.
These firms were selected in accordance with Florida Statutes 255.103 and
287.055 under Request for Qualifications 34-23 based upon construction
experience, financial capability, availability of qualified staff, local knowledge,
and involvement in the community.
On September 28, 2022, during the passing of Hurricane Ian, the Clearwater
Harbor Marina's west and north facing wave attenuator on the south basin
sustained severe damage beyond repair, based on a Failure Assessment and
Recommendations Report (December 2022) by Engineer of Record Erickson
Consulting Engineers.
October 21, 2022, Marine and Aviation Director at the time signed a work order
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Council Work Session Meeting Minutes November 13, 2023
(20-0032-EN) in the amount of$14,145.00 for failure assessment and
recommendations of the failed wave attenuators.
January 2016, City Council approved Moffatt & Nichol as EOR for the Harbor
Marina Comprehensive Boating Plan.
October 2021, City Council approved Moffatt & Nichol as EOR for the Beach
Marina Replacement following their successful EOR selection via RFQ 24-21,
"Design Services - Clearwater Beach Marina Replacement."
August 2023, Pursuant to the State's Consultants' Competitive Negotiation Act
(CCNA), Public Works entered negotiations with Moffatt & Nichol based on past
performance, projected workload, and willingness to meet time and budget
requirements. Those negotiations led to the development of a Harbor Marina
South Basin North Wave Attenuator Replacement Work Order for$302,106.00.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish capital project C2409, South
Basin Attenuator, and establish a budget of$302,106.00 to fund the design and
permitting phase. Revenues to fund the project will be recognized from
insurance reimbursements and FEMA, with any remaining balance to be funded
from Clearwater Harbor Marina Fund reserves and/or General Fund reserves.
STRATEGIC PRIORITY:
The design and permitting necessary to repair the Clearwater Harbor Marina
wave attenuator supports objective 1.2 by properly maintaining public
infrastructure.
3. Economic Development and Housing
3.1 Approve the Substantial Amendment to City of Clearwater's Fiscal Year 2021/2022
Annual Action Plan, which includes the HOME-ARP Allocation Plan, and authorize the
City to modify existing agreements and enter into new agreements with organizations
approved for funding. (APH)
The U.S. Department of Housing and Urban Development (HUD) provided a
one-time allocation of$1,637,567 in HOME-ARP (America Rescue Plan)
funding to the City of Clearwater. HUD requires HOME-ARP funding to be used
to assist Qualifying Populations defined as populations experiencing
homelessness or at-risk of homelessness and others requiring supportive
services or assistance for homelessness prevention. A Substantial
Amendment is required to reprogram funds in excess of 25% of the HOME-ARP
allocation.
In June 2022, the first Substantial Amendment (SA-1) was approved by Council
to add HOME-ARP funding to the City's FY 2021/2022 Annual Action Plan by
inclusion of the required HOME-ARP Allocation Plan. Previously, the
HOME-ARP Allocation Plan allocated funding to Tenant-Based Rental
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Assistance (TBRA), Development of Affordable Rental Housing, and
Administration and Planning by means of multiple specific project categories.
This second Substantial Amendment (SA-2) is to allocate HOME-ARP funding
to a new Supportive Services project category and to reprogram funding across
several new and existing consolidated project categories. SA-2 also eliminates
multiple project specific categories and consolidates the HOME-ARP funding
into four broader project categories: Supportive Services, Tenant-Based Rental
Assistance (TBRA), Affordable Rental Housing, and Administration/Planning.
SA-2 amendments to the FY 2021/2022 Annual Action Plan and HOME-ARP
Allocation Plan are summarized as follows:
1. Supportive Services -Add new project category and allocate $691,938;
2. Tenant-Based Rental Assistance (TBRA) -Add new project category
and allocate $200,000;
3. Affordable Rental Housing -Add new project category and allocate
$500,000;
4. Administration/Planning - Retain existing project category and increase
from $139,137 to $245,629 (+$106,492) which is equivalent to
approximately 15% of the HOME-ARP allocation;
5. Blue Sky Communities/Blue Dolphin Housing Project - Eliminate specific
project name and corresponding Development of Affordable Rental
Housing category funding from the HOME-ARP Allocation Plan and FY
2021/2022 Annual Action Plan and reprogram funding to new project
names by category (-$875,000); and
6. Pinellas Opportunity Council, Homeless Empowerment Program,
Homeless Leadership Alliance, Hope Villages of America, and St.
Vincent de Paul Community Kitchen and Resource Center- Eliminate
specific project names and corresponding Tenant Based Rental
Assistance (TBRA) category funding from the HOME-ARP Allocation
Plan and FY 2021/2022 Annual Action Plan and reprogram funding to
new project names by category (-$623,430).
Deadline for expenditure of HOME-ARP funds is September 30, 2030.
APPROPRIATION CODE AND AMOUNT:
6847680-584200 - HOME ARP - $1,637,567
USE OF RESERVE FUNDS:
N/A
In response to questions, Economic Development and Housing Director
Denise Sanderson said the definition for homelessness, supportive services,
or homeless prevention has not changed. The non-profits are also
experiencing the challenges associated with a tight labor market. The HOME
ARP funds are not being used for operating funds for non-profits. She said
the state limits funding operations and capacity building to 5%. Ms.
Sanderson said it is better practice to have broader categories so staff has
the ability to increase or decrease funding based on the recipient's
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performance. In addition to need, recipients must show how funds will be
used. She said the gap is within family shelters.
4. Parks and Recreation
4.1 Approve a Contract for Purchase of Real Property located at 1399 Pineapple Lane,
Clearwater, FL, in an amount not to exceed $620,000.00; transfer funds from Open
Space Impact Fees to Park Land Acquisition (CIP 315-93133) at first quarter and
authorize the appropriate officials to execute same. (consent)
The subject property is owned by Co-Trustees of the Marilyn C. Woodring
Revocable LivingTrust Agreement and is located at 1399 Pineapple Lane,
Parcel No. 08-29-16-00000-240-0100. The acquisition consists of a property
that is primarily open space with one residential home and storage shed on the
property that is approximately 148,104 square feet and abuts Moccasin Lake
Park. This parcel would be a strategic acquisition for the City's Parks &
Recreation Department in that it would expand Moccasin Lake Park and provide
for preservation of the property for future generations. Also, this will ensure
residents on Pineapple Lane that additional development will not be constructed
at the end of their Street. If purchased, this property would remain in its natural
state and be used as an addition to Moccasin Lake Park with minimal
improvements. There is an opportunity for natural restoration project of a
portion of the land that is an open meadow.
The city obtained an independent appraisal performed by James Millspaugh and
Associates, Inc. for$600,000. The owner representative and city staff agreed
on a purchase price at the appraised value of$600,000.
Summary of costs for the purchase of the subject property are as followed:
Purchase price: $600,000.
Closing costs and other ancillary expenses required for closing: $20.000.00.
Total: $620,000.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Special Development Fund for this purchase. A first
quarter budget amendment will transfer$620,000.00 of Open Space impact
fees from the Special Development Fund into project 315-93133 Park Land
Acquisition.
USE OF RESERVE FUNDS:
N/A
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STRATEGIC PRIORITY:
Purchasing this parkland helps Parks & Recreation to achieve Strategic
Objective 1.2 maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts; and 4.3 to protect the conservation of urban forests and
public green spaces. The addition of this land allows for the expansion of
Moccasin Lake Nature Park, a sprawling outdoor park brimming with wildlife and
natural beauty. The extra acreage provides for more space that this park can
use for the enjoyment and education of Clearwater residents.
Parks and Recreation Director Art Kader said the house and shed will be
removed, the pepper trees will need to be cleared out.
5. Public Works
5.1 Approve professional service agreement with Broaddus and Associates, Inc., of Austin,
TX, to provide Owners Representative services for the new City Hall project
(22-0019-EN) in the amount of$1,105,181 pursuant to Request for Qualifications (RFQ)
54-23 and authorize the appropriate officials to execute same. (consent)
With an aging City Hall, constructed in 1964, and a city that has changed
considerably since 1964, the City has been investigating the need for upgraded
infrastructure. The need has become more pressing in recent years, as
asbestos and structural challenges forced the City to vacate the old City Hall.
The building has since been demolished, and the site is slated for private
redevelopment.
In September 2022, pursuant to RFQ 24-22, the City Council approved
Wannemacher Jensen Architects (WJA) to design a new facility. In June 2023,
WJA presented the City Council with three options. The Council unanimously
selected the site plan that combines a renovation of the City's existing municipal
services building (MSB) with a new building located on the city-owned parcel
immediately south of MSB. WJA referred to this site plan as Option #2. This
site plan is estimated to save approximately $31 million compared with the cost
of a new stand-alone facility that would have replaced the MSB.
The Council has also expressed support for naming the new facility after the
City's long-time City Manager, William B. Horne. This item requests approval to
engage an Owner's Representative (OR) for oversight of the design and
construction of the William B. Horne City Hall and the renovation of the existing
MSB. An experienced OR firm brings expertise in cost control, schedule
management, value engineering, and oversight of all stakeholders and
processes throughout design, construction, and commissioning. The OR will
maximize the City's investment, ensure adherence to Greenprint 2.0, and
supervise the construction of a safe and high-quality facility for citizens and for
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staff.
Following a robust and competitive procurement process, staff recommends
the Council approve Broaddus &Associates (B&A) as the OR firm. B&A brings
extensive experience in supervising City Hall construction projects across
America. They also bring an impressive record of cost savings and cost
avoidance initiatives that currently total more than $130 million across $5.5B in
ongoing projects. The $130 million represents 127% of their OR fee in the
aggregate. Moreover, they clearly identified and explained the detailed
processes used during all project phases to minimize delays, cost overruns,
and potential conflicts. Their local project manager is ready to integrate with City
staff immediately, allowing B&A to add value long before construction begins.
They are committed to streamlining the decision-making process, maintaining
transparency, and efficiently resolving any conflicts that may arise during design
and construction.
APPROPRIATION CODE AND AMOUNT:
ENGF220001-OVRS-PROSVC
ENGF230001-OVRS-PROSVC
Funds are available in capital improvement projects ENGF220001 - City Hall,
and ENGF230001 - Municipal Services Building Renovations, in the amount of
$1,105,181 to fund this Work Order.
In addition to the articulated value added by the enlistment of an OR, due to
current vacancies in the Engineering Division, an OR will help provide the
proper level of project management support that cannot currently be provided
internally. This will offset a portion of the project budget estimated for internal
Engineering management.
Assistant City Manager Daniel Slaughter said there will be an opportunity to
value engineer and decide where the funds are spent.
6. Fire Department
6.1 Authorize a purchase order to Municipal Emergency Services (MES) of Pinellas Park,
FL, for personal protective equipment, tools and equipment, communication system,
SCBA parts, and miscellaneous items for Clearwater Fire and Rescue (CFR) personnel
and apparatus in an amount of$600,000.00, for term October 1, 2023 through
September 30, 2024, pursuant to City Clearwater Code of Ordinances Section 2.563 (1)
(c), Piggyback, and authorize the appropriate officials to execute same. (consent)
Clearwater Fire & Rescue wishes to combine multiple purchases from MES
into one purchase order. Purchases include: new tools and equipment for new
Engine 48, communication system for Engine 48, 49 sets of replacement
bunker gear (PPE), SCBA yearly parts and calibrations, Hurst extrication yearly
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service, gas meter, and additional miscellaneous items listed on the attached
document(s). An additional $25,000 is being requested for Police Department
purchases that are from this same vendor available under the piggyback
contract.
• $277,000 is for replacement PPE turnout gear via project funds
• $100,000 is for SCBA replacement parts and new items via project
funds
• $25,000 for other departments via departmental operating budgets
• $65,000 to outfit new E48
• $35,000 to service extrication tools
The remaining $98,000 is for FY (Fiscal Year) 24, which will be used for items
that need to be replaced and additional PPE accessories and repair parts.
Capital project 91261 Personal Protective Equipment (PPE) - outfits firefighters
with bunker gear, boots, gloves, and helmets. PPE provides a high degree of
protection for firefighters, along with, providing many safety features members
will use during an emergency response. Per National Fire Protection
Association Standard 1851, PPE gear has a ten-year shelf life. Currently CFR
issues one set of gear and then a second set five years later. CFR is
implementing the purchase of two sets for all new hires and continuing the
replacement of current employees.
Capital project 91229 Replace and Upgrade Air Packs (SCBAs) - provides
funding for purchases of upgrade kits for changes to the National Fire Protection
Associations (NFPA) standards. Parts and test set calibrations will be
purchased for existing SCBAs.
Capital project 91263 Extrication Tools - provides funding for the upgrade and
additional vehicle extrication equipment package. The project replaces existing
units and upgrades equipment to current National Fire Protection Agency
(NFPA) recommendations. These types of tools are utilized for various highly
technical rescues to include motor vehicles, heavy equipment, and machinery.
Funding is reimbursed by Pinellas County at the annual projected amount as
per the Fire Agreement and the ALS First Responder Agreement to fund
unincorporated coverage.
This purchase order is a piggyback off of Lake County Contract No. 22-730G,
Fire Equipment, Supplies, and Services valid through July 31, 2025, with option
to renew.
APPROPRIATION CODE AND AMOUNT:
Funds are available in project 315-91261, Personal Protective Equipment, to
fund the balance of the PPE order. Additional funding is available through
projects 91229 (Replace and Upgrade Air Packs), 91263 (Extrication Tools),
and the Fire and Police Department's operating cost codes. Funding for future
years will be requested in the annual budget process.
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Council Work Session Meeting Minutes November 13, 2023
USE OF RESERVE FUNDS:
NA
STRATEGIC PRIORITY:
1.4 Foster safe and healthy communities in Clearwater through first-class
public safety and emergency response services.
7. Planning
7.1 Approve the annexation, initial Future Land Use Map designation of Residential Medium
(RM) and initial Zoning Atlas designation of Medium Density Residential (MDR) District
for 2634 South Drive, together with abutting unincorporated right-of-way of South Drive,
and pass Ordinances 9722-23, 9723-23, and 9724-23 on first reading.
(ANX2023-09010)
This voluntary annexation petition involves a 1.067-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the north side of South Drive approximately 500 feet east of US Highway 19
North. The Development Review Committee is proposing that the 0.34-acres of
abutting South Drive right-of-way not currently within the city limits also be
annexed. The property is contiguous to existing city boundaries to the north and
west. It is proposed that the property be assigned a Future Land Use Map
designation of Residential Medium (RM) and a Zoning Atlas designation of
Medium Density Residential (MDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer mains are located within an easement just
outside the western property line and within the South Drive right-of-way.
The applicant is aware that the required sanitary sewer impact and
assessment fees must be paid in full prior to connection and of the
additional costs to extend to the city's sanitary sewer system. The
property is located within Police District III and service will be
administered through the district headquarters located at 2851 McMullen
Booth Road. Fire and emergency medical services will be provided to
this property by Station #48 located at 1700 North Belcher Road. The
city has adequate capacity to serve this property with sanitary sewer,
solid waste, police, and fire and EMS service. Water service will
continue to be provided by Pinellas County. The proposed annexation
will not have an adverse effect on public facilities and their levels of
service; and
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Council Work Session Meeting Minutes November 13, 2023
• The proposed annexation is consistent with and promotes the following
objectives and policy of the Clearwater Comprehensive Plan:
Objective A.2.2 Future land use in the City of Clearwater shall be
guided by the city's Future Land Use Map, which shall be
consistent with the Countywide Plan for Pinellas County (The
Countywide Plan) including the Countywide Plan Map and shall
be implemented through the city's Community Development
Code.
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted through application of the
Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through
the annexation of a variety of land uses located within the
Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for
single-family residential properties upon request.
• The proposed Residential Medium (RM) Future Land Use Map category
is consistent with the current Countywide Plan designation of the
property. This designation primarily permits residential uses at a density
of 15 units per acre. The proposed zoning district to be assigned to the
property is the Medium Density Residential (MDR) District. The use of
the subject property is consistent with the uses allowed in the district
and the property exceeds the district's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north and west; therefore, the annexation is consistent
with Florida Statutes Chapter 171.044.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
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STRATEGIC PRIORITY:
This voluntary 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.
8. Public Utilities
8.1 Amend Clearwater Code of Ordinances, Appendix A, Schedule of fees, Article XXIV,
Sections 1, 3, and 4 to increase miscellaneous fees related to temporary service
deposits, impact fees and miscellaneous user fees such as, special meter readings,
turn-on services, meter changes and other special services that benefit a specific
customer and pass Ordinance 9725-23 on first reading.
This miscellaneous utility fee increase is needed to provide adequate funding to
maintain the City's water and wastewater systems. Additionally, these fee
increases will ensure that appropriate charges are paid by the customers
receiving the services.
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, Public Utilities regularly evaluates the sufficiency of the
revenues provided by the City's water, sewer, and reclaimed water rates to
meet both the current and future requirements of the Utility. In September 2023,
Stantec Consulting Services, Inc. completed a Miscellaneous Fee Analysis
(Study), which evaluated the sufficiency of the revenues provided by existing
water, wastewater collection, and reclaimed water rates. This Study
recommends increases to these fees since they have not been updated in
several years.
The Study covers fiscal year (FY) 2024 through FY 2027 and recommends
increases for the entire period to be effective 90 days after Council approval and
annually thereafter. The increases are applicable to domestic water, lawn water,
wastewater collection, and reclaimed water. This increase is intended to bring
these charges in line with the actual costs to provide these services.
Public Utilities (assisted by Finance) conducted an internal review and concurs
with the Study's recommendation to increase fees bringing them closer to the
actual costs of providing these services.
9. Solid Waste
9.1 Declare list of vehicles and equipment surplus and authorize disposal through auction
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pursuant to Clearwater Code of Ordinances Section 2.623(6) and (8) and authorize the
appropriate officials to execute same. (consent)
On August 4, 2022, Council approved the Vehicle Replacement List for fiscal
year 2023 authorizing purchase of replacement vehicles and equipment.
Additionally, on August 17, 2023, Council approved the Vehicle Replacement
List for fiscal year 2024. This agenda item is requesting Council to declare
surplus the vehicles and equipment detailed to be replaced per the list and
authorize disposal via auction through Tampa Machinery Auction of Tampa, FL
pursuant to Section 2.623(8). Tampa Machinery Auction was competitively
solicited by Pinellas County under Contract NO. 190-0534-R(JJ) valid through
November 17, 2027. These vehicles and equipment have reached the end of
their useful and economic life. Factors used to determine the end of useful and
economic life include, but are not limited to: age, life to date, mileage/hours of
operations, historical maintenance cost as compared to like vehicles, operating
cost per mile/hour, anticipated and ongoing repairs, and physical condition.
Additionally, Fleet will continue to bring forward agenda items for vehicles and
equipment from the 2022/23 and 2023/24 Vehicle Replacement Lists as their
replacements are deemed road ready.
STRATEGIC PRIORITY:
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
The Council recessed from 2:57 p.m. to 3:06 p.m.
10. City Clerk
10.1 Disband the Charter Review Committee. (consent)
The Charter Review Committee submitted a report with recommendations to
the Council on November 2, 2023 and completed its review of the City Charter.
There was council consensus at that meeting to disband the Committee.
10.2Approve 2024 State Legislative Agenda.
In response to questions, the City Clerk said staff identifies legislative
priorities and appropriation requests to be placed on the legislative agenda.
She said she works with the City's lobbyists during session to advocate the
City's position with legislators. Council has the opportunity now to add items
to the legislative agenda. As it relates to proposed bills, the City Clerk said
she works with staff to identify how the City would be impacted and shares
those findings with the lobbyists. She said she works with Public
Communications to coordinate public outreach efforts via social media,
asking residents to contact legislators on key issues during session.
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Council Work Session Meeting Minutes November 13, 2023
Discussion ensued with consensus for the Police Chief to review the
statement regarding the opposition to open carry assault rifles and determine
to strike the language or add more specific language.
11. City Attorney
11.1Authorize the City Attorney to retain the law firm of Luke Charles Lirot, PA to represent the
City in the Federal appeal of the denial of Plaintiffs' request for a preliminary injunction in
the case of Florida Preborn Rescue, Inc., Allen Tuthill, Antoniette M. Migliore, Scott J.
Mahurin, and Judith Goldsberry v. City of Clearwater, Case No.
8:23-cv-01173-MSS-AAS, and authorize final payment for legal services during the
preliminary injunction phase. (consent)
On March 16, 2023, Council adopted Ordinance 9665-23, which establishes a
vehicle safety zone for the Bread and Roses Woman's Health Center at 1560
S. Highland Avenue.
The City was served with a federal complaint on June 1, 2023, and an amended
complaint on June 8, 2023, in which the plaintiffs claim the ordinance violates
the First Amendment. On June 9, 2023, the City Attorney recommended and the
Council approved the hiring of attorney Luke Lirot to represent the City in this
matter.
On June 2, 2023, the Plaintiffs filed a Motion for a Preliminary Injunction, which
was heard at oral argument on September 21, 2023. The oral argument
included extensive testimony and evidence provided by the Clearwater Police
Department. On October 20, 2023, the federal district court issued an order
denying the Plaintiffs' motion. The Plaintiffs have now filed a Notice of
Interlocutory Appeal. As a result, the City Attorney is recommending extending
Mr. Lirot's representation to encompass the appeal. The combined estimated
cost for the appeal, along with Mr. Lirot's final invoice relating to services
provided in the district court, totals $28,685.90.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost code 0109600-530100, Professional Services, to
fund this contract.
11.2Adopt Ordinance 9727-23 on second reading, amending Clearwater Code of
Ordinances, Chapter 21, Offenses, repealing Section 21.18 relating to prohibiting
soliciting, begging, or panhandling in the Clearwater Downtown Core Redevelopment
Zone and the Clearwater Beach Core Tourist Zone.
12. City Manager Verbal Reports
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12.1 Discuss revisions to artificial turf ordinance.
At its September 21, 2023 City Council meeting, City Council requested further
discussion regarding artificial turf. Staff has provided a memo detailing the code
provisions prohibiting the use of artificial turf in the city of Clearwater. Additional
information will be provided during the meeting.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
Planning and Development Director Gina Clayton provided a PowerPoint
presentation.
In response to questions, Ms. Clayton said the use of artificial tun`originated
in sporting facilities and more recently used in a residential setting. If the
code is amended to require quality and installation standards, a permit for
artificial tun`must be a requirement.
Discussion ensued with comments made that it is labor intensive to maintain
grass in Florida, that several municipalities have allowed artificial tun`in
some manner, and that the City should be advocating the use of native
drought resistant landscaping. It was stated that the presentation shared by
the proponents of artificial tun`looked more like a sales pitch and it was
suggested that the presentation they provide at the council meeting stick to
the key points.
13. City Attorney Verbal Reports — None.
14. Council Discussion Item
14.1 Discuss Charter Review Committee Recommendations - Councilmember Beckman
CHARTER REVIEW COMMITTEE REPORT
(.INTRODUCTION AND THANK YOU
II.ACKNOWLEDGEMENT OF COMMITTEE MEMBERS AND STAFF
Nathan Hightower - Chair
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Bill Jonson - Vice Chair
Gladys Andrews
Cory Chase
Ryan Cotton
Karen Cunningham
Kathy Milam
Travis Norton
Mike Riordon
Patricia Rodriguez
Jonathan Wade
Staff: Rosemarie Call
Nicole Sprague
City Attorney: David Margolis
III. CHAIRMAN'S REFLECTIONS ON PROCESS
A. Selected members provided the variety of backgrounds and
constituents found in the Clearwater community.
B. Many members had prior experience on a Charter Review committee
and or city standing committee which can be good and bad.
C. All committee members participated in discussions and all had ample
opportunity to offer their opinions.
D. City staff and City attorney did a good job of supporting the
committee.
E. Consensus of committee was to encourage more involvement from
younger members of the community.
IV. SUGGESTIONS FOR THE FUTURE
1. Early explanation of the timeline for referendum preparation and
submittal to council.
2. Early provision of topics the sitting council would like the committee to
consider.
3. Earlier start on efforts to recruit members to enhance the pool of
applicants.
4. Council patience to allow committee to do its work.
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5. Each individual council member attends at least one meeting.
6. Consider frequency of the Charter Review process.
V. CHARTER REVIEW COMMITTEE ACTIONS AND
RECOMMENDATIONS
1.Amend Section 2.07(b)3 to read as follows: "Fails to attend three
s+x consecutive regular council meetings of GGk unless such
absence is excused by the council."
2.Increase the mayor's salary to $49,000 and increase a councilmember's
salary to $41,000 with an annual cost of living adjustment.
3.Retain the frequency of charter review to every 5 years to allow for more
citizen involvement.
4.Retain the current voting system in place and to take no action to change
it.
5.Recommend that the City investigate districting with the support of an
outside consultant.
6.Recommend that the Council membership be increased to seven
members in an effort to have more inclusion in decision making.
7.Suggest that the council provide an opinion consistent with the CNC's
report, Leveling the Playing Field.
8.Recommend Council consider adopting a procedure or rule to include
quarterly council effectiveness discussions in the annual agenda calendar.
9.Amend Section 2.01(c)1 to read:
Section 2.01(c)1 "Each October at a public meeting, present a report on the
evaluation of the performance of the city manager and city attorney
including the following steps. Each year the Council shall adopt annual keV
performance indicators/objectives separately for the city manager and the
city attorney positions. Then each councilmember shall present in October a
written evaluation report for each officer which shall include, at a minimum,
performance comments against the common Council adopted key
performance indicators/obiectives for that position.
10.Voted unanimously to write a letter to City Council expressing the
Committee's dissatisfaction with Council not waiting for completion of
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discussion and recommendations from the Charter Review Committee,
knowing that election process discussions are in process.
11.Recommend to Council that it discuss continuing education for new
Councilmembers from Florida League of Cities and FEMA.
12.Amend Charter Section 3.02(b) by adding the following verbiage: If the
majority, but not four council members, votes to remove the city manager,
then the city manager shall be placed on paid administrative leave until the
second meeting vote. During this period the longest serving assistant city
manager shall function as the acting city manager.
13.Amend the Charter to add the following Preamble: We the people of the
City of Clearwater, under the constitution and laws of the state of Florida, in
order to form a more perfect City, with high performing government, which
affords equity and inclusion, economic opportunity, foster community well-
being, environmental stewardship and superior public service, do hereby
adopt this charter and confer upon the City the following powers, subject to
the following restrictions, and prescribed by the following procedures and
government structure.
14.There was consensus to have the City Attorney draft language
recommending that Council evaluate and discuss the base salary levels of
the mayor and councilmembers every two years.
Councilmember Beckman said she wanted to discuss the Committee's
recommendations.
Discussion ensued with comments made that the Committee meets too
frequently and that the Committee should begin or end earlier. A suggestion
was made that the Committee should meet every five years (a non-election
year).
In response to comments, the City Clerk said the Committee determines
when they meet. An application was utilized for prospective members. She
said the application was available since the beginning of November 2022.
Historically, the Council has taken turns selecting individuals from the pool
of applicants. The City Clerk said she worked with Public Communications
to post on social media for a call of applicants and asked Council to
encourage individuals to volunteer. She said during the last charter review,
there was a recent high school graduate who served on the Committee.
In response to questions, the City Clerk said, in the past, Councilmembers
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would speak before the Committee as it related to form of government or
recommendations directed by Council. Councilmembers are free to attend
the meetings and speak under public comments at the end of the meeting. It
is important to remember that Council, as the collegial body, provides the
Committee direction, not individual councilmembers. Prior to the Committee
Members being appointed, Council was given the opportunity to provide the
Committee direction. She said although Council did not recommend
reviewing the form of government, each charter review committee has
discussed form of government. The Committee may have felt it was too
soon to discuss the form of government given the recent referendum that
did not pass. The City Attorney said the Committee is recommending to
include performance objectives for the city manager and the city attorney in
the charter but can be accomplished by council rule or ordinance. He said
the city charter already provides annual reviews for the city manager and
city attorney, it may be best to start with a council rule. The City Clerk said
the Committee wanted Councilmembers to continue their education efforts,-
the
fforts,the Florida League of Cities has IEMO for newly elected local officials, an
Advanced IEMO, and a continuing education platform. The City Clerk said
she provides Council's administrative assistant of ethics and training
opportunities as they arise. The City Attorney said there is a gap in the city
charter where a city manager is voted to be removed between the first and
second meetings. He said the City Manager's contract includes language
requiring the city manager to appoint an acting city manager if placed on
paid administrative leave. He said it is not necessary to be in the city charter
as it is handled in the employment contract.
There was council consensus to pursue a standard evaluation process for
the city manager and city attorney that incorporates SMART goals tied to
the strategic plan via a council rule. It was suggested that adding a
preamble to the city charter be discussed by the next council.
14.2Pension Advisory Committee Structure - Mayor Aungst
The Mayor said he was not comfortable with three councilmembers serving
on the Pension Advisory Committee (PAC). He requested consideration to
appoint an individual who is a professional in the Accounting field.
In response to a question, the City Attorney said there are no restrictions on
who Council appoints. The Council is able to appoint three individuals to the
PAC.
It was suggested that an individual with medical background be considered.
In response to a comment, the City Clerk suggested an application process
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to fill one councilmember seat.
There was council consensus to open applications to fill one councilmember
seat with a city resident with medical or financial background preferred.
14.3Resolution 23-18 Supporting Israel - Councilmember Teixeira
There was council consensus to adopt the proposed resolution.
14.4Suncoast League of Cities Legislative Priorities - Councilmember Beckman
Councilmember Beckman said the Suncoast League of Cities is finalizing
their legislative priorities and asked if Council had any to add.
No items were added.
14.5Regional AHAC Update - Councilmember Beckman
Councilmember Beckman said as the elected official sitting on the Affordable
Housing Advisory Committee, she must attend two regional board meetings.
She shared what other regional committees are doing, which included
discussing the role of the Community Land Trust, repurposing vacant hotels,
churches, and shopping centers into housing. She said a number of
municipalities in Broward County are setting up their trust funds, similar to
the State's Sadowski Trust Fund. Councilmember Beckman suggested
having the City's AHAC operate year-round, which many municipalities do.
15. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2).
Councilmember Allbritton said he wishes to discuss the Downtown
commercial properties that are vacant and the possibility of implementing a
fine to encourage investment at a future meeting.
Councilmember Beckman requested a presentation regarding business
diversity, the number of new businesses, the number of businesses leaving
the city, and efforts to court new business.
16. Closing Comments by Mayor— None.
17. Adjourn
The meeting adjourned at 5:16 p.m.
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