07/29/2024 Council Work Session Meeting Minutes July 29, 2024
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Monday, July 29, 2024
1 :30 PM
Main Library - Council Chambers
Council Work Session
Page 1
City of Clearwater
Council Work Session Meeting Minutes July 29, 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, 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
2. Presentations -None.
3. Finance
3.1 Single Audit Report for Fiscal Year 2023 (WSO)
When the City's external auditors presented the City's audit for fiscal year 2023,
the Single Audit was not included because it was still in process. This
presentation is for the Single Audit Report only.
STRATEGIC PRIORITY:
1.1 Provide evidence-based measurement tools to continually guide municipal
performance and promote accountable governance.
Auditor John Brielmaier provided a PowerPoint presentation.
In response to questions, Mr. Brielmaier said the single audit was completed
on time. The City Manager said the issues associated with the qualified
opinion regarding Economic Development and Housing have been
addressed with staff. She said she feels comfortable with the protocols in
place.
4. Economic Development and Housing
4.1 Approve the City of Clearwater's FY2024/2025 Annual Action Plan, which is the fifth and
final Action Plan of the FY2020/2021 - FY2024/2025 Consolidated Plan, to implement the
goals and objectives set forth in the Consolidated Plan and authorize the appropriate
Page 2
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
officials to enter into agreements with HUD and organizations approved for funding,
together with authorization to execute administrative adjustments to same as needed.
(APH)
On July 16, 2020, City Council approved the 2020/2021 - 2024/2025
Consolidated Plan (Consolidated Plan) identifying the city's goals and objectives
with respect to the city's administration of HOME Investment Partnerships
(HOME) and Community Development Block Grant (CDBG) Program funds.
Under the Consolidated Plan, the City is required by US Department of Housing
and Urban Development (HUD) to create and implement a plan each year to
identify the sources and uses of these funds for housing, community programs,
and economic development. This plan, referred to as the Annual Action Plan,
provides HUD with the City's Housing Division budget and proposed
expenditures based on the entitlement funds and estimated program income
that the City will receive in the upcoming fiscal year to meet the goals and
objectives established in the Consolidated Plan.
Funds will be used to develop viable communities and sustain existing ones. In
addition, the funds will be used to provide safe, decent, and affordable housing
to assist extremely low- to moderate-income households. This year's Annual
Action Plan allocates federal funds to provide housing opportunities to extremely
low- to moderate-income households for new and existing homes, construction
and/or renovation of public facilities, and to fund public services programs.
The Annual Action Plan serves as a budget for planned projects and identifies
unallocated funds available for additional project(s) throughout the budget year.
Staff requests authorization to make administrative adjustments during the
budget year to fund additional project(s), including shifting funds between
projects within budgetary segments.
The FY2024/2025 Annual Action Plan is due to HUD on August 16, 2024. All
organizations that will be receiving an allocation will have agreements prepared
and executed by October 1, 2024. Staff performs compliance monitoring with
funded organizations on an annual basis.
On June 5, a notice of 30-day comment period and public hearings was
published in the Tampa Bay Times. On July 9, 2024, the City's Neighborhood
and Affordable Housing Advisory Board (NAHAB) hosted the 1 st of the 2
required public hearings and passed a motion recommending City Council
approval of the FY2024/2025 Annual Action Plan.
Grant Application Process for CDBG Program
The City partners with several non-profit agencies to implement the goals and
objectives established in the Consolidated Plan. To obtain these partners, the
City annually publishes in February a Notice of Funding Availability in the local
newspaper and on its website. This notice informs the public of the resources
the City will make available and the eligible uses of those resources. It also
informs them of the 30-day application period for requesting funds. The
Page 3
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
applications were due on March 15, 2024. The city received 32 completed and
qualified applications.
A Technical Review Committee (TRC) comprised of a professional in the social
service and grants community, a member of the NAHAB, a representative of the
Homeless Leadership Alliance, and the City Clerk reviewed and ranked the
applications. Applicants were provided an opportunity to present their proposed
projects at the April 9, 2024, NAHAB meeting. City Housing staff also reviewed
each application to ensure it met HUD's baseline requirements. With guidance
from the TRC and NAHAB and based on available funding, City staff prepared
recommended funding allocations. The NAHAB met on May 14, 2024, and
approved the recommended allocations. NAHAB approval is subject to City
Council approval of the Annual Action Plan.
Recommended CDBG Grant Allocations (Competitive)
The City may allocate up to 15% ($141,072) of its CDBG entitlement funds for
Public Services activities. This year the city received thirteen requests for
funding subject to the 15% cap. Staff recommends allocation of funding based
on TRC scoring. Requested funding from the three highest-ranked applicants
combined narrowly exceeded the $141,072 cap. The staff recommendation is
to distribute available Public Service funds to these three organizations.
The city received twelve requests for funding of Public Facilities improvements.
The TRC reviewed each application and recommended funding of the four
highest scoring projects. Staff is recommending funding of all eligible
components of these four requests (plus project delivery costs paid by the city
including inspection fees, environmental review record and other fees). The total
staff-recommended allocation for the four projects is $448,080. These
investments will help daily operations of each public service provider with
improved facility functionality, efficiency, and safety features.
Other Recommended Allocations (Non-Competitive)
Staff recommends funding of the following additional activities/programs:
• Small business/microenterprise, childcare, and fagade improvement
activities ($490,560)
• New Construction, Rehabilitation, Purchase Assistance (f/k/a Down
Payment Assistance), Tenant Based Rental Assistance and Community
Housing Development Organization (CHDO) set aside funds
($6,075,506)
• Homeownership Education & Counseling ($55,000)
• Property Acquisition & Demolition ($100,000)
• Program administration ($247,608)
Anticipated Resources
In FY2024-2025, the City will receive $940,482 in entitlement funds for the
Page 4
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
CDBG Program and $400,222 in entitlement funds for the HOME Program. The
City is also reprogramming: $4,325,451 in prior year HOME entitlement and
program income funding; $172,000 in anticipated FY2024-2025 HOME program
income; $374,797 in prior year CDBG entitlement and program income funding;
$11,448 in anticipated FY2024-2025 CDBG program income; $1,047,867 in
CDBG Revolving Loan Program funds for housing infill and rehabilitation; and
$230,560 in Revolving Loan Program funds for economic development
activities.
Funds provided through the CDBG Program may be used for housing,
community and economic development, public services and facilities,
acquisition, relocation, and administration. Funds provided through the HOME
Program are limited to housing-related activities and administration.
STRATEGIC PRIORITY:
Objective 2.4 - Supports equitable housing programs that promote household
stability and reduces the incidence of homelessness within Clearwater.
Economic Development and Housing Assistant Director Chuck Lane
provided a PowerPoint presentation.
4.2 Approve the First Amendment to Contract for Sale of City-Owned Vacant Land between
the City of Clearwater and Habitat for Humanity of Pinellas County, Inc./Clearwater
Neighborhood Housing Services, Inc. for real property located at 1454 South Martin
Luther King Jr. Avenue and authorize the appropriate officials to execute same. (consent)
The City of Clearwater posted RFP/Q #43-22 as an opportunity for a developer
to acquire and develop city-owned property located at 1454 South Martin Luther
King Jr. Avenue for use as affordable and workforce housing (Pinellas County
Property I.D. #22-29-15-00000-320-1300). On December 1, 2022, Council
authorized staff to negotiate a contract for the sale of real property to Habitat for
Humanity of Pinellas County, Inc. and Clearwater Neighborhood Housing
Services, Inc., together, as the selected Developer of the real property located
at 1454 South Martin Luther King Jr. Avenue. On June 13, 2023, Council
approved a contract for sale of city-owned vacant land.
Per the contract, the development shall be consistent with Buyer's response to
City of Clearwater RFP/Q 43-22. The Buyer shall construct 24 units of
mixed-income, owner-occupied townhomes with 50% of the units reserved for
households with total household income up to 80% of the Area Median Income
(AMI) as determined by the United States Department of Housing and Urban
Development, and the remaining 50% will be reserved for household with total
household income up to 120% of AMI.
Page 5
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
The Buyers response to RFP 43-22 identified a $1,240,170 cash gap in addition
to the requested donation of the property, therefore Exhibit B of the contract
specifies the City agrees to commit to the donation of the parcel, valued at
$525,000 and a contribution of an additional $357,585 for a total direct subsidy
of$882,585 (half of the total direct subsidy identified as required in the
response). The Buyer will seek funding from Pinellas County for the remaining
gap (presumably $882,585).
Additional requirements provided by Exhibit B establishes terms and conditions
that Buyer must meet prior to and after closing. Per the exhibit, all
pre-development activities must be completed prior to closing including, but not
limited to, funding commitments, site approval and building permits.
Unforeseen development challenges that have pushed the original proposed
timeline include the requirement of an easement for stormwater discharge onto
neighboring property (Norton Apartments), a depression on the southwest
quadrant of the property that was flagged by South West Florida Water
Management District required additional investigation and historical review,
construction debris found on the property required further investigation and the
development of a mitigation plan and secondary access required by Clearwater
Fire during the site plan review process which in turn required the Buyer to
negotiate secondary access with Norton Apartments. Due to these challenges,
the Buyers have not procured approval for their site plan, which is a requirement
for closing. Closing was to occur 365 days after the contract's effective date
unless both parties agreed to a 60-day extension which was executed in June,
2024. The site plan is scheduled to be reviewed by the Community
Development Board on August 8th, 2024. Staff recommends an extension of
the original contract's closing date to on or before December 31 st, 2024, to
allow the Buyer more time to complete the pre-development activities indicated
in Exhibit "B" of the Contract
APPROPRIATION CODE AND AMOUNT:
Funding is to be provided by State Housing Initiatives Partnership (SHIP)
Program and Revenue Recovery Funds provided by the American Rescue Plan
Act - Local Fiscal Recovery Funds. No General Fund monies will be
appropriated.
STRATEGIC PRIORITY:
Objective 2.4 - Supports equitable housing programs that promote household
stability and reduces the incidence of Homelessness within Clearwater.
5. General Services
5.1 Authorize a purchase order to W.W. Grainger of Lake Forest, IL., for citywide purchases
of maintenance, repair, and operating supplies in the not to exceed amount of
$1,700,000.00, from August 1, 2024 through November 8, 2026, with two, one-year
Page 6
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
renewal options of$800,000.00 per year, per Clearwater Code of Ordinances Section
2.563(1)(c), Piggyback purchasing, and authorize the appropriate officials to execute
same. (consent)
Grainger provides a reliable source for facilities maintenance, repair, and
operations (MRO) supplies, service, and including but not limited janitorial
cleaning supplies and equipment, plumbing and electrical supplies, hand-held
power tools and safety supplies and equipment. The use of this contract allows
for efficiency and standardization of products purchased throughout the City.
Also, the City will benefit from previously established competitive prices and
discounts for various items as required and will also receive an additional 3% in
savings through the Sourcewell Contract, Piggyback Sourcewell Grainger
Facility MRO Contract# RFP#091422-WWG Facilities Maintenance, Repair
and Operations (MRO) supplies and services.
Flexibility is requested to allow for expenditure of budgeted funds as needed
throughout the year, in accordance with the intent of this general authorization.
APPROPRIATION CODE AND AMOUNT:
Funding for this award will come from various city-wide operating cost centers
as well as various city-wide capital improvement projects, respective to the
work being performed.
STRATEGIC PRIORITY:
The use of W.W. Grainger is supported by Strategic Plan Objectives 1.1,
maintaining municipal performance, and promoting accountable governance;
1.2, maintaining public infrastructure; 1.3, identify resources required to sustain
level of service 3.2, proactive code compliance, and targeted revitalization.
5.2 Declare list of vehicles and equipment surplus and authorize disposal through auction
pursuant to Clearwater Code Sections 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. Additionally, on August 17, 2023, Council approved the Vehicle
Replacement List for fiscal year 2024 and authorized the purchase of
replacement vehicles and equipment. This agenda item is requesting Council
to declare surplus the vehicles and equipment detailed to be replaced per the
list and authorize disposal via auction through Tampa Machinery Auction of
Tampa, FL and Royal Auction Group of Zephyrhills, FL pursuant to Sections
2.623(6) and (8). Tampa Machinery Auction was competitively solicited by
Pinellas County under Contract NO. 190-0534-R(JJ) valid through November
Page 7
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
17, 2027. Royal Auction Group was competitively solicited by Pinellas County
under Contract NO. 190-537-R valid through November 16, 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.
APPROPRIATION CODE AND AMOUNT:
Revenues from sale of surplus vehicles are credited to the Garage Fund, an
internal service fund of the City. These revenues are budgeted as an offset to
the annual cost of operations.
STRATEGIC PRIORITY:
Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
6. Planning
6.1 Withdrawn; to be discussed at a later date: Update to the City's Implementation of the
Live Local Act's zoning preemptions. (WSO)
On March 29, 2023, Governor Ron DeSantis signed Senate Bill (SB) 102, the
Live Local Act, to provide developers with incentives to construct affordable and
workforce housing throughout the State of Florida, with the aim of helping
people live within the communities they work. Senate Bill (SB) 328 provided
updates to the Live Local Act which the Governor signed into law on May 16,
2024.
This agenda item focuses on the changes that were provided for in SB 328,
including the preemption of development intensity, certain height restrictions,
additional parking reductions, and other changes for clarity.
STRATEGIC PRIORITY:
Implementation of the Live Local Act supports two of the city's strategic priority
areas - Economic & Housing Opportunity and Community Well Being - by
implementing one of the state of Florida's housing programs aimed at
increasing the supply of affordable housing through the clarification of local
processes and development standards.
Page 8
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
6.2 Presentation on the Downtown Sign Code. (WSO)
City Council directed staff to prepare a presentation on the Downtown Sign
Code. The Planning and Development Department will discuss the types and
amounts of signage allowed as well as its approach to enforcement.
STRATEGIC PRIORITY:
Sign regulation is instrumental in ensuring exceptional communities and
neighborhoods. They specifically implement Community Well-Being Objective
3.2 which supports the preservation of community livability through responsible
development standards, proactive code compliance, and targeted revitalization
Planning and Development Director Gina Clayton provided a PowerPoint
presentation.
In response to questions, Ms. Clayton said, to be code compliant, paper in the
window must remain blank (no signage) and be temporary. She said many
businesses have placed blank paper in the window to hide construction and
unsightly storage. Staff will look at the fagade to determine if a building has
three separate windows or one window. Ms. Clayton said sandwich boards
are permitted on private property but not on the sidewalk. Sidewalk signs are
used in urban environments where the businesses are up on the street. In
districts where sandwich boards are not allowed, they are permitted to be
located in areas where people are walking. The electronic changing signs are
permitted and can change every 15 seconds. The electronic changing signs
are limited by use, such as schools, churches, The Capitol Theatre, Ruth
Eckerd Hall, and any entertainment venue that has a certain number of seats.
Ms. Clayton said any mural can be signed as art, but from an administrative
perspective, staff questions if it art or a commercial message.
Discussion ensued with concerns expressed with not allowing businesses to
utilize murals to promote their service or product if the images are acceptable.
The City Manager said she has been working with the CRA Executive
Director, who has also been serving as the Interim Economic Development
and Housing Director, to create a business task force to engage and educate
business owners regarding the rules and services offered by the City. The
task force will also identify items desired by the business owners.
In response to a question, the City Attorney said he recommends first
identifying what the constitution permits. Several years ago the courts issued
an opinion, Reed v. Town of Gilbert, dealt with how local governments can
Page 9
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
regulate signs. He said the U.S. Supreme Court expressed skepticism over a
local government's ability to differentiate or discriminate different types of
signs. The Town of Gilbert sign code was based on content regulation. The
City Attorney expressed concerns with regulating different types of
commercial messages. Ms. Clayton said the window signage is limited to
10% because Downtown is allowed additional signage that the rest of the
areas do not have
Discussion ensued with consensus for staff to draft language allowing 25%
window signage.
7. Public Works
7.1 Approve a purchase order to ArborPro Inc., of Yorba Linda, CA, for Tree
Assessment/Inventory Survey, on a unit price basis, in the cumulative amount of
$200,000.00 for a five-year term beginning October 1, 2024 through September 30,
2029, pursuant to Invitation to Bid 27-24 and authorize the appropriate officials to execute
same. (consent)
In January 2023, the Public Works Department halted the urban forest
management program, which included the inventory of the urban forest, after
citizen concerns helped identify some operational concerns which included
insufficient detail in the assessment/inventory, insufficient public outreach and
resident notification, and the lack of a tree-replacement planting program. After
an internal review and discussion with the Environmental Advisory Board, city
staff prepared a high-level policy for Council's consideration that was adopted
on September 18, 2023 (attached). This policy prioritizes the tree, provides a
replanting plan, and provides for additional detail in the inventory activities. After
Council adopted the revised urban forest management program policy, staff
sought to resume inventory operations with the provider that had been
performing those services prior to program being halted. However, that provider
was unable to resume operations due to a change in staff, additional detail
being requested during the inventory process, and some additional technical
challenges.
Therefore, an Invitation to Bid (ITB) #27-24 was issued on May 3, 2024, for a
Tree Assess ment/Inventory Survey. The goal of the assessment and inventory
is to determine the age, species, health, and geographic distribution of
hardwood trees in the City of Clearwater Rights of Way (ROW).
The assessment/inventory will be conducted by surveying approximately 3,000
hardwood trees per year. The City is divided into five zones so that one zone
per year will be assessed and surveyed. Zone three will be the first zone to be
Page 10
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
assessed and surveyed which includes Clearwater Beach and Old Clearwater
Bay.
The contractor will assess all hardwood trees within the city ROW with a
diameter at breast height (DBH) of 6 inches or greater. Palm trees will not be
surveyed.
Collected data will include location, tree tagging, species, size, and condition
rating for all trees. Field observation will be required for all trees receiving a
condition rating of zero to two (0-2). Field observation will document more
specific attributes like whether wildlife, bees or overhead utilities are present.
The results of the survey will be used to determine the scope and budget
necessary for tree removal and replacement services for all trees receiving a
condition rating of zero as well as potential locations to plant new or
replacement ROW trees.
The City received six qualified bids with ArborPro, Inc. being the lowest and
most responsive bid according to the bid specifications.
The contract covers a period of five years, totaling $200,000.00 ($40,000.00 per
year), beginning October 1, 2024 and ending September 30, 2029, contingent
upon the ongoing provision of services.
APPROPRIATION CODE AND AMOUNT:
3157539-530300-M2006 $200,000.00
Funding for this contract is available in Capital Improvement Project 315-M2006,
Right of Way Tree Management Program which is funded by annual allocations
of General Fund and Central Insurance Internal Service Fund revenues.
STRATEGIC PRIORITY:
4.3 Protect the conservation of urban forests and public green spaces to
promote biodiversity and reduce our carbon footprint. 4.4 Develop accessible
and active transportation networks that enhance pedestrian safety and reduce
citywide greenhouse gas emissions.
8. Public Utilities
8.1 Authorize a purchase order to ICON Supply, Inc. of Tampa FL for the purchase of
Yaskawa Variable Frequency Drives in the annual not-to-exceed amount of$200,000.00
for term July 16, 2024 through July 15, 2025, with two, one-year renewals at the City's
discretion pursuant to ITB 42-24 and authorize the appropriate officials to execute same.
(consent)
Invitation to Bid (ITB) #42-24, Yaskawa Variable Frequency Drives was issued
on May 10, 2024. The City received one response from ICON Supply, Inc. of
Page 11
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
Tampa, FL on June 10, 2024. Public Utilities has reviewed the response and
has determined their bid to be responsive and responsible in accordance with
the bid specifications.
Yaskawa Variable Frequency Drives (VFDs) are installed throughout the Public
Utilities water and wastewater system at multiple plants and lift stations. Since
2015, as old units break down or near the end of service life, the city has been
working on replacing, maintaining, and installing additional units on an
as-needed basis. These VFDs are used to control essential motor and pump
speeds to meet optimum conditions and to reduce and/or eliminate electrical
waste thereby reducing maintenance requirements, energy consumption, and
cost of operation.
This award is for the supply, installation, preventative maintenance, and
emergency repair services of Yaskawa Variable Frequency Drives for the Public
Utilities Department on an as-needed basis.
The initial contract period will be July 16, 2024, through July 15, 2025, with the
option for two, one-year renewal terms.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY24 are available in Public Utilities' cost centers, cost code
550400 Operating Supplies and 546200 Repairs & Svc-Other Equip. -
$200,000.00 annually. Funding for future fiscal years (FY25 through FY27) will
be requested within contract calendar and spending limits.
STRATEGIC PRIORITY:
Establishing this contract meets the City's strategic objective of Environmental
Stewardship by ensuring our plants and facilities are always operational and
running at peak capacity and performance, guarding against potential spills that
could negatively impact our surrounding estuaries and community. It also
satisfies the strategic objective of High Performing Government by providing a
high level of service to our residents and maintaining vital infrastructure.
8.2 Approve a purchase order to Ferguson Enterprises, LLC of Tampa, FL for Neptune
Ultrasonic Meters in the not-to-exceed amount of$278,000.00 for the term of August 20,
2024 through August 19, 2025, pursuant to Clearwater Code of Ordinances Sections
2.563(1)(d), impractical to bid, and 2.563(1)(c), piggyback purchasing, and authorize the
appropriate officials to execute the same. (consent)
Neptune Ultrasonic Meters are standardized in the city of Clearwater water
distribution system, capturing water consumption for both residential and
commercial property applications. Ultrasonic Meters are excellent at low flow
measurements having benefits for the city and city customers, while measuring
water flow rates accurately at higher usage. Replacing older water meters
Page 12
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
results in increased revenue by increasing the accuracy in measurement of
water used.
Standardization of the ultrasonic water meters creates cost saving benefits
from an operational and maintenance standpoint, such as no moving parts, low
training and maintenance requirements, digital and analog options, and having
highly accurate reading capabilities. Standardizations also reduce the required
cost from stocking of parts and inventory. Ferguson is the sole authorized
Neptune distributor in the State of Florida.
Pricing is based off Manatee County Contract No.19-R072004CB (amendment
5) for term August 20, 2024, through August 19, 2025.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds are available in Public Utilities operating cost centers, cost
code 550400 operating supplies and materials to cover the cost of the contract
for fiscal year 2024. The Public Utilities Department is funded by Water and
Sewer Utility Enterprise Fund revenues.
Funding for future fiscal years will be included in the annual budget request.
STRATEGIC PRIORITY:
In furtherance of the Council's Strategic Plan to achieve High Performing
Government by maintaining public infrastructure through systematic
management efforts, approval for an agreement is requested.
9. Solid Waste
9.1 Authorize an assignment of a purchase order from Angelo's Aggregate Materials LTD
dba Angelo's Recycled Materials (Angelo's) to Wrangler Holdco Corp dba GFL Solid
Waste Southeast LLC (GFL SWS) of St. Petersburg, FL for Yard Waste, Class III Waste,
and Construction Demolition Debris Disposal, approve an additional two-year renewal
option in the amount of$2,300,000.00 pursuant to Clearwater Code of Ordinances
Section 2.563(1)(c) Cooperative purchasing and authorize the appropriate officials to
execute same. (consent)
On September 2, 2021, Council approved a purchase order to Angelo's
Aggregate Materials LTD dba Angelo's Recycled Materials (Angelo's) in a
not-to-exceed amount of$3,900,000.00 for the term October 1, 2021 through
September 30, 2024, pursuant to a cooperative agreement with the City of
Page 13
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
Largo under Bid No. 21-B-727. The City of Clearwater was part of the
cooperative purchase with the City of Largo.
On April 1, 2024, notification was sent to the City informing them that GFL SWS
acquired Angelo's. Solid Waste seeks Council's authorization to continue
services with GFL SWS for the remainder of the term through September 30,
2024, with $732,041.78 remaining in the initial amount of$3,900,000.00. Solid
Waste also seeks approval of the additional two-year renewal option in the
not-to-exceed amount of$2,300,000.00.
This vendor is used by Solid Waste and Recycling for the disposal of yard
waste, class III waste, and construction demolition debris. Yard waste is
collected by Solid Waste and Recycling and directed to GFL SWS as opposed
to the Pinellas County landfill. Additionally, collection of construction debris in
Clearwater is an open market where contractors can contract with Solid Waste
and Recycling or contract with any registered vendor. When contracted for this
service, Solid Waste and Recycling collects the debris and directs it to GFL
SWS to be processed for materials that can be recycled. City of Clearwater
departments are required to use Solid Waste and Recycling for City of
Clearwater construction projects.
APPROPRIATION CODE AND AMOUNT:
Funding for the current year's portion of this award is budgeted in the FY23/24
operating budget for Solid Waste/Recycling Utility Enterprise Fund cost codes:
• 4242082-543500 (Solid Waste - Residential Collection Dump Fees)
• 4242089-543500 (Solid Waste - Roll-Off Collection Dump Fees)
Additional funding for departments outside Solid Waste and Recycling will come
from various operating cost centers. Funding will be provided by the General
Fund for Parks and Recreation, Streets & Sidewalks, Engineering and Urban
Forestry. Contract usage by Public Utilities is funded by the Water and Sewer
Utility Enterprise Fund and Clearwater Gas will be funded by the Gas Utility
Enterprise Fund revenues).
Funding for future years will be requested as part of the annual budget process.
STRATEGIC PRIORITY:
This item falls under objective 1.3 (adopt responsive levels of service for public
facilities and amenities) within High Performing Government and objective 4.2
(waste reduction practices) within Environmental Stewardship.
9.2 Authorize purchase orders to Wastequip Manufacturing Company LLC, of Charlotte, NC,
and Wazobia Global LLC, of Orlando, FL, to provide front load containers in a cumulative
not to exceed amount of$250,000.00, from September 1, 2024 through August 31, 2025,
with two, one-year renewal options at the City's discretion pursuant to Invitation to Bid
(ITB) No. 39-24, Front Load Containers, and authorize the appropriate officials to execute
Page 14
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
same. (consent)
On May 28, 2024, Procurement Issued ITB 39-24, Front Load Containers and
sought vendors to supply the City with front load containers (dumpsters) to
support daily operations and its customers. Two responsive and responsible
bids were received on June 27, 2024.After full review, Solid Waste and
Recycling department is recommending award for the purchase of front load
containers to the two respondents as follows:
Wastequip Manufacturing Company LLC
Item 1: Two cubic yard (2 yd 3) slant top
Item 2: Three cubic yard (3 yd 3) slant top
Item 4: Four cubic yard (4 yd 3) slant top
Item 7: Six cubic yard (6 yd 3) slant top
Item 8: Six cubic yard (6 yd 3) straight top w/doors
Item 9: Eight cubic yard (8 yd 3) slant top
Item 10: Eight cubic yard (8 yd 3) straight top w/doors
Wazobia Global LLC
Item 3: Three cubic yard (3yd3) straight top
Item 5: Four cubic yard (4 yd 3) slant top
Item 6: Four cubic yard (4 yd 3) straight top w/doors
Due to the volatile steel market and to ensure continuity of supply, flexibility to
use either vendor for items where both parties have submitted bids is requested
should the other vendor be unable to perform.
APPROPRIATION CODE AND AMOUNT:
Funds are available as part of the FY24 operating budgets of the Solid Waste &
Recycling Utility Enterprise Fund and is also included in the proposed FY25
operating budgets of the Solid Waste & Recycling Utility Enterprise Fund.
Funds are available in cost codes 4242083-550411, Comm Refuse FEL
Container, and 4262043-550411, Comm Refuse FEL Container, to fund this
contract.
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
This item falls under objectives 1.2 (maintain public infrastructure) and 1.3
(adopt responsive levels of service) within High Performing Government and
objective 4.2 (waste reduction practices) within Environmental Stewardship.
10. City Clerk
Page 15
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
10.1 Cancel the October 14, 2024 work session and the October 16, 2024 council meeting.
(consent)
Staff is requesting to cancel the October 14, 2024 work session and the
October 16, 2024 council meeting to accommodate Council's trip to Nagano,
Japan. The Sister City relationship with the City of Nagano was established in
1959 and is one of the oldest relationships in Florida. This year's trip marks the
65th anniversary.
In response to a question, the City Attorney said moving the Community
Redevelopment Agency November 18, 2024 meeting to November 4, 2024
must be discussed and approved by the Trustees. The City Clerk said she
would advise CRA staff of the request.
11. City Attorney
11.1Approve a feasibility study with NewGen in a not-to-exceed amount up to $504,000.
Every ratepayer in Florida receives electricity from one of three distributors:
either the electric utility is municipally owned, or it is an investor-owned utility
(IOU), or it is a non-profit electric cooperative. The Public Service Commission
(PSC) grants each utility, regardless of ownership, a monopoly to serve as the
sole distributor of electricity within a given service area. Water utilities and
natural gas utilities operate in a similar way.
To enable private IOU's to access, and often excavate, the public right-of-way,
IOU's typically enter into franchise agreements with local governments. These
agreements can be customized in several ways, including provisions relating to
franchise fees, tree trimming, and municipal buy-out's of the IOU. Many
franchise agreements also prohibit the city or county from creating their own
utility during the term of the agreement.
In December 1995, the City granted a 30-year electric franchise to the Florida
Power Corporation. Florida Power was a Florida company. However, the
franchise agreement allowed Florida Power to freely assign and transfer their
rights to different entities. In the years that followed, Florida Power was
acquired by Duke Energy, a publicly traded North Carolina company. Duke
Energy has provided local electric service since 2012.
City staff are aware of local media interest involving Duke Energy. For ease of
reference, staff has provided Council with a list of local stories.
As the 30-year franchise nears its conclusion, it is time for the City to consider
Page 16
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
the future of electricity in Clearwater. For a variety of legal and technical
reasons, it is unlikely the City will be able to join a non-profit cooperative such as
the Withlacoochee River Cooperative, which services much of Pasco County,
or the Peace River Electric Cooperative, which services much of Manatee
County.
However, the City does have the option to provide electric service directly to
Clearwater residents and businesses, similar to the way that Clearwater
operates its water and sewer utility and the Clearwater Gas Company (CGS). If
Clearwater elects to municipalize, it will join 33 other municipally owned electric
utilities in Florida. Examples of varying population sizes and topography include
Bartow, Jacksonville, Key West, Lakeland, Leesburg, New Smyrna Beach,
Ocala, Orlando, Tallahassee, Wauchula, and Winter Park. Alternatively,
Clearwater can sign a franchise agreement with Duke Energy.
To make an informed decision, staff recommends NewGen Strategies &
Solutions. NewGen brings decades of experience interacting with electric
utilities, and the credibility of recent studies recommending municipalization
(e.g. San Diego) and studies recommending against it (e.g. Chicago). The cost
of the study, which will not exceed $504,000, equates to 4.8% of one year of
franchise fees the City receives from its franchise agreement. The study costs
will be paid through available special program funds. If approved by Council,
NewGen will advise the City as to the infrastructure needed and probable costs.
If municipalization proves financially wise for both the City and for ratepayers,
NewGen will offer a sensible process map that recommends a seamless
transition for customers. In addition, the study, in collaboration with City staff,
will endeavor to answer other important questions:
• Rates and affordability - can the City offer lower rates or cost savings to its
residents and businesses?
• Property taxes -will the revenue from electric service allow the City to
reduce its dependence on millage, thereby easing the tax burden on
property owners?
• Efficiency -will municipalization create a more efficient government through
economy of scale and enhanced coordination with CGS and the City's
other utilities?
• Customer service - can the City's existing utility customer service
framework provide more responsive service for Clearwater businesses
and residents? The Tampa Bay Times has reported that Duke had 9x
the number of customer complaints, per capita, last year, as Florida
Power& Light.
• Public safety - can municipalization improve public safety by allowing the
Clearwater Police Department to manage electric service during a
police SWAT response, or by allowing the Clearwater Fire Department
to disconnect electricity when responding to fires? Will local substations
Page 17
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
be more secure or less secure with the City deciding appropriate
security measures?
• Staffing -will the City be well positioned to care for Duke's linemen and
other employees, especially those who work or live in the City, during
and after the transition?
• Undergrounding - as the number and severity of hurricanes continue to
increase, is the City more likely or less likely than Duke to invest its
profits in undergrounding?
• Tree removal - in places where undergrounding is impractical, is the City
more likely or less likely than Duke to preserve the City's tree canopy?
The study will take approximately nine months, culminating in a final public
report to the City Council.
APPROPRIATION CODE AND AMOUNT:
A third quarter budget amendment will establish special program M2403,
Feasibility Study, recognizing a budget increase of$504,000 of unallocated
special program fund reserves to fund this purchase order.
STRATEGIC PRIORITY:
This furthers the strategic plan supporitng the following objectives:
High Performing Government: objectives 1.1 and 1.5
Economic Development: objectives 2.1 and 2.4
Community Well-Being: objectives 3.2 and 3.4
Environmental Stewardship: objectives 4.1, 4.2, and 4.4
In response to questions, the City Attorney said any city-owned utility must
have a mutual aid agreement to address storm response. He said he does
not believe a referendum is required.
11.2Adopt Ordinance 9773-24 on second reading, amending special conditions of Ordinance
9167-18, referencing 385 S. Gulfview Blvd., vacating a portion of Gulfview Boulevard
Right-of-Way lying in the Southwest 1/4 of Section 8, Township 29 South, Range 15 East,
Pinellas County, Florida, as recorded in Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, subject to special conditions.
On September 6, 2018, the City of Clearwater adopted Ordinance Number
9167-18, which vacated the right-of-way adjacent to 385 S. Gulfview Blvd.
subject to several conditions precedent, including the relocation of all
utilities outside of the vacated right-of-way at the Property Owner's
expense.
During construction, the City's stormwater pipe was rerouted to a new
Page 18
City of Clearwater
Council Work Session Meeting Minutes July 29, 2024
location, and the water and sewer systems were reconstructed in place. All
utility systems are now located within the footprint of the building.
As a result, the City staff negotiated a new Easement Agreement by which
the Property Owner assumes ownership and maintenance responsibilities
of the stormwater system within the footprint of the building. The City will
maintain ownership and maintenance of the water and sewer systems, but
the Property Owner will assume liability and indemnify the City for all
utilities located within the footprint of the building.
This Ordinance amends the original vacation Ordinance to approve the
current location of utilities, subject to the terms of the described Easement
Agreement.
City staff reviewed this item and recommend its approval.
STRATEGIC PRIORITY:
This item meets the priority of high performing government by providing efficient
services and optimizing city assets and resources.
12. City Manager Verbal Reports
The City Manager said the special work session on the budget will be held
August 14, 2024.
13. City Attorney Verbal Reports — None.
14. 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).
15. Closing Comments by Mayor
Mayor Rector reviewed recent and upcoming events.
16. Adjourn
The meeting adjourned at 3:41 p.m.
Page 19
City of Clearwater