05/03/2018 City Council Meeting Minutes May 3, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, May 3, 2018
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes May 3, 2018
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell,
Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and
Councilmember David Allbritton
Also Present: Jill Silverboard — Deputy City Manager, Micah Maxwell —Assistant
City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City
Clerk and Nicole Sprague — Official Records and Legislative Services
Coordinator
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Vice Mayor Caudell
3. Pledge of Allegiance — Councilmember Cundiff
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 International AIDS Candlelight Memorial Day, May 20, 2018 - Ellen Bauer, AIDS
Partnership, Inc. - Ellen Bauer, AIDS Partnership, Inc.
4.2 Cinco de Mayo Day Proclamation, May 5, 2018 - Juan Sabines Guerrero, Mexican Consul
of the Mexican Consulate in Orlando
4.3 Homeownership Month Proclamation, June 2018 - Terry Malcolm-Smith, Economic
Development and Housing Department
4.4 Relay for Life Weekend Proclamation, May 18-19, 2018 - Nichole Tenderholt, Relay for
Life Event Coordinator
4.5 Drinking Water Week Proclamation, May 6-12, 2018 - David Porter, Director of Public
Utilities
4.6 Water Reuse Week Proclamation, May 13-19, 2018 - David Porter, Director of Public
Utilities
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City of Clearwater
City Council Meeting Minutes May 3, 2018
5. Approval of Minutes
5.1 Approve the minutes of the April 19, 2018 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Hamilton moved to approve the minutes of the
April 19, 2018 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
Tom Rask said the public records request he made during the last
council meeting has been filled. He learned the City has entered into a
temporary use agreement with the Florida Department of Environmental
Protection, effective September 1, 2017. DEP decided not to collect the
$12,800 per year that they are now charging for the temporary use
agreement for the last 10 years. It sends a message to business owners
that if you violate submerged land lease rules, you will be financially
rewarded. He said he submitted an additional public records request
regarding how the City determined on September 6, 2007 it owned the
land under the Clearwater Beach Recreation Center in fee simple title.
Mr. James suggested council meetings should be held once a week and
that the water and gas reconnection fees should be eliminated.
Ellen Bauer thanked the City for the International AIDS Candlelight
Memorial Day Proclamation and invited all to attend the memorial on
May 20 at First Presbyterian Church.
7. Consent Agenda — Approved as submitted.
7.1 Award a contract/purchase order in the amount of$500,000 to General Utilities Pipe
Supply for the purchase of Steel Pipe and Fittings for the period May 1, 2018 through
April 30, 2019; award a contract/purchase order in the amount of$750,000 to General
Utilities Pipe Supply for the purchase of Polyethylene Pipe and Fittings for the period May
17 2018 through April 30, 2019, including two one-year renewal terms for each and
authorize the appropriate officials to execute same. (consent)
7.2 Approve an amendment allowing for a time extension to the existing grant between the
City of Clearwater and the Florida Department of Environmental Protection Land and
Water Conservation Fund for the renovations and improvements at Moccasin Lake
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City Council Meeting Minutes May 3, 2018
Nature Park and authorize the appropriate officials to execute same. (consent)
7.3 Approve the recommendation made by the Public Art and Design Board (PADB) for the
commission of a public art installation for the St. Petersburg College East Community
Library located at 2465 Drew Street, as designed by Gus and Lina Ocamposilva for the
total cost of$60,000 to be funded from the Library CIP code 0315-93530. (consent)
7.4 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal
Years 2018/19 special events including four annual city events and twenty-two city
co-sponsored events at an estimated General Fund cost of$577,060 ($110,750 cash
contributions and $466,310 in-kind contributions) and Enterprise Fund cost and fee
waiver of$91,320 for the purposes of Fiscal Year 2018/19 departmental budget
submittals. (consent)
7.5 Approve an Engineer of Record (EOR) Work Order to McKim and Creed, Inc. in the
amount of$190,800 for the Marshall Street and East WRF Basins Inflow and Infiltration
Permanent Flow Monitoring (18-0023-UT) and authorize the appropriate officials to
execute same. (consent)
7.6 Approve an annual blanket purchase order (contract) to Toter Incorporated of Statesville,
NC for residential container purchases in accordance with City Code of Ordinances,
Section 2.564, Exceptions to bid and quotation procedure (d) authorizing use of contracts
previously awarded by other governmental entities, in the annual amount of$175,000 with
four one-year renewal terms at the City's option, as required by the Solid Waste
Department, and authorize the appropriate officials to execute same. (consent)
7.7 Appoint Jerri Menaul to the Public Art and Design Board with a term to expire April 30,
2022. (consent)
Vice Mayor Caudell moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the request from City of Clearwater staff to vacate a portion of public right-of-way
of Haven Street dedicated by plat in Plat Book 5, Page 53, Official Records of Pinellas
County, Florida, and certain real property dedicated as public right-of-way by City of
Clearwater Resolution 79-50, as recorded in Official Records Book 4867, Page 1478,
Pinellas County, Florida and pass Ordinance 9129-18 on first reading. (VAC 2018-04)
As a pre-requisite to a land swap between the City of Clearwater and the
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City Council Meeting Minutes May 3, 2018
Church of Scientology Flag Service Organization, Inc. (COS), it is necessary to
vacate a portion of Haven Street and certain real property that was dedicated as
Right-of-Way in Official Records Book 4867, Page 1478. The portion of
property that remains in City ownership following the vacation will represent one
of the three parcels to be swapped in the property exchange between the City
and COS.
The land swap, which is outlined in more depth in that certain Contract for
Exchange of Real Property agenda item, being presented for City Council
consideration simultaneously herewith, will provide for the exchange of three
city owned properties in return for a strategic downtown property owned by the
COS.
There are four conditions to this vacation. 1) the declaration of surplus of the
city-owned portions of real property; 2) City Council approval of the Contract for
Exchange of Real Property along with the closing on, and conveyance of, the
property as contemplated in the contract; 3) The City will retain a blanket
general utility, drainage and gas easement over the entire premises to be
vacated; and 4) Easements will need to be granted to private utility companies
so that they may sustain their existing utilities, as well.
All city departments have reviewed this vacation and have no objection.
The City Attorney said the agenda item before Council was heard two
weeks ago; Council approved the agenda item but the ordinance was not
heard. It is back on the agenda for first reading.
Discussion ensued with concerns expressed that the Church of
Scientology (COS) is not communicating with the City and that the City is
vacating a piece of right-of-way that is currently public. Comments were
made that the COS put together the land swap deal at the City's request,
the land swap has been in the works for 1.5 years, and that the City will be
acquiring a parcel worth more than the one being traded. It was requested
that the declaration of surplus and the contract for exchange be placed
on the May 17 council agenda.
The City Attorney said the City is maintaining a utility easement over the
entire right-of-way.
Ordinance 9129-18 was presented and read by title only.
Councilmember Allbritton moved to a pass Ordinance 9129-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 3 - Mayor Cretekos, Councilmember Cundiff and Councilmember
Allbritton
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City Council Meeting Minutes May 3, 2018
Nays: 2 - Vice Mayor Caudell and Councilmember Hamilton
Motion carried.
8.2 Approve the request from property owner Drs. Kiran Patel and Pallavi Family Foundation
Inc. to vacate a portion of Public Right-of-Way of Damascus Road abutting the owner's
property and an Ingress and Egress Easement located on the owner's property, pass
Ordinance 9130-18 on first reading. (VAC2018-03)
As a pre-requisite to a Contract for Sale of Real Property between the City of
Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. (Property
Owner), it is necessary to vacate a portion of Public Right-of-Way of Damascus
Road, formerly known as Bostrom Road, that the City acquired in 1964 per
Resolution 64-90 of the City of Clearwater, Florida, and an Ingress and Egress
Easement Deed acquired in 1996, as recorded in Official Records Book 9551,
Page 1433 of the Public Records of Pinellas County, Florida.
This vacation ordinance is subject to the following conditions:
• The Property Owner will grant to both the City of Clearwater and Pinellas
County an easement for ingress and egress over a new access road
constructed to city standards.
• The Property Owner must grant to the City of Clearwater a general
blanket utility easement.
• The Property Owner must grant private utilities an interest as needed
and acceptable to those utilities.
• The Property Owner must grant to the City of Clearwater a temporary
ingress and egress access easement for access during construction.
• City Council declaring the City Property as surplus for conveyance to the
adjoining property owner, in accordance with the City of Clearwater
Code of Ordinances/Charter.
• City Council's approval of a Contract for Purchase and Sale of Real
Property between the Property Owner and the City.
All City departments have reviewed this vacation and have no objections.
Applicant representative Katie Cole reviewed the request and said she
met with city and county staff to discuss Damascus Road and the access
easements to access Coopers Point. She provided Council with copies of a
map that identified the replacement access to Coopers Point Bayou.
Councilmember Cundiff moved to approve the request from
property owner Drs. Kiran Patel and Pallavi Family Foundation
Inc. to vacate a portion of Public Right-of-Way of Damascus Road
abutting the owner's property and an Ingress and Egress
Easement located on the owner's property. The motion was duly
seconded and carried unanimously.
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City Council Meeting Minutes May 3, 2018
Ordinance 9130-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9130-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.3 Declare surplus certain real property formerly used as City right-of-way located in Section
16, Township 29 South, Range 16 East for the purpose of sale to the abutting property
owner and authorize the appropriate officials to execute same. (APH)
May 18, 1964, City of Clearwater acquired the title to the right-of-way of
Damascus Road, formerly known as Bostrom Road, per Resolution No. 64-90
of the City of Clearwater, Florida, as recorded in Official Records Book 1936,
Page 522 of the Public Records of Pinellas County, Florida.
This property is approximately 17,960 square feet and was used to provide
access to former Clearwater Christian College campus.
April 4, 2018, by Jim Millspaugh and Associates performed an independent
appraisal of the property. This appraisal report determined that the fair market
value is $137,000.
This item is a prerequisite to the Contract for Sale of Real Property between the
City of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc, who
recently acquired the adjacent property, formerly known as the Clearwater
Christian College.
Per City Charter 2.01, when the property declared surplus is vacated
right-of-way, in which the city owns the fee interest and the vacated right-of-way
is abutted by a single property owner, no competitive bid shall be required; and
the city may sell the property to the abutting property owner for not less than fair
market value.
Vice Mayor Caudell moved to declare surplus certain real
property formerly used as City right-of-way located in Section 16,
Township 29 South, Range 16 East for the purpose of sale to the
abutting property owner and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
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City Council Meeting Minutes May 3, 2018
9. Second Readings - Public Hearing
9.1 Continue to May 17, 2018: Adopt Ordinance 9129-18 on second reading, vacating public
right-of-way described as that certain portion of Haven Street right-of-way of Court
Square, being bound by Franklin Street to the North, South Garden Avenue to the East,
Court Street to the South, and South Fort Harrison Avenue to the West; subject to, among
other things, a blanket general utility, drainage and gas easement to be reserved over the
entire right-of-way to be vacated herein, subject to the granting of certain private utility
easements.
Councilmember Allbritton moved to continue Item 9.1 to May 17, 2018.
The motion was duly seconded and carried with the following vote:
Ayes: 4 - Mayor Cretekos, Councilmember Hamilton, Councilmember Cundiff and
Councilmember Allbritton
Nays: 1 - Vice Mayor Caudell
9.2 Adopt Ordinance 9134-18 on second reading, annexing certain real properties whose
post office addresses are 1500 Country Lane West and 1505 Country Lane East, all in
Clearwater, Florida 33759, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions.
Ordinance 9134-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9134-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.3 Adopt Ordinance 9135-18 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1500 Country Lane West and 1505 Country Lane East,
all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Residential Low (RL).
Ordinance 9135-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9135-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
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City Council Meeting Minutes May 3, 2018
9.4 Adopt Ordinance 9136-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1500 Country Lane West
and 1505 Country Lane East, all in Clearwater, Florida 33759, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9136-18 was presented and read by title only. Vice
Mayor Caudell moved to adopt Ordinance 9136-18 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.5 Adopt Ordinance 9137-18 on second reading, annexing certain real property whose post
office address is 1756 EI Trinidad Drive East, Clearwater, Florida 33759, into the
corporate limits of the city and redefining the boundary lines of the city to include said
additions.
Ordinance 9137-18 was presented and read by title only.
Councilmember Cundiff move to adopt Ordinance 9137-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.6 Adopt Ordinance 9138-18 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real property
whose post office address is 1756 EI Trinidad Drive East, Clearwater, Florida 33759,
upon annexation into the City of Clearwater, as Residential Low (RL).
Ordinance 9138-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9138-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.7 Adopt Ordinance 9139-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1756 EI Trinidad Drive East,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
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City Council Meeting Minutes May 3, 2018
Ordinance 9139-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9139-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.8 Adopt Ordinance 9140-18 on second reading, annexing certain real properties whose
post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue, all in
Clearwater, Florida 33759, into the corporate limits of the city and redefining the
boundary lines of the city to include said additions.
Ordinance 9140-18 was presented and read by title only. Vice
Mayor Caudell move to adopt Ordinance 9140-18 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.9 Adopt Ordinance 9141-18 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 3018 Glen Oak Avenue North and 3047 Hoyt Avenue,
all in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as
Residential Low (RL).
Ordinance 9141-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9141-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.10Adopt Ordinance 9142-18 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 3018 Glen Oak Avenue
North and 3047 Hoyt Avenue, all in Clearwater, Florida 33759, upon annexation into the
City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9142-18 was presented and read by title only.
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Councilmember Hamilton moved to adopt Ordinance 9142-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
10. City Manager Reports
10.1Amend Section 2.251 of the Clearwater Code of Ordinances, increasing the composition
of the Sister Cities Advisory Board from six to seven members to include an at-large
member and pass Ordinance 9133-18 on first reading.
On March 1, 2018 the Sister Cities Advisory Board made a recommendation to
the City Council to add one at-large member to the Board, which the Council
approved.
Adoption of this Ordinance will allow for the one additional at-large member to
be added to the Sister Cities Board raising the total from six to seven members.
The at-large member to be appointed by the City Council and must reside within
the City of Clearwater.
Councilmember Cundiff moved to amend Section 2.251 of the
Clearwater Code of Ordinances, increasing the composition of
the Sister Cities Advisory Board from six to seven members to
include an at-large member. The motion was duly seconded and
carried unanimously.
Ordinance 9133-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9133-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
10.2Approve a Contract for Sale of Real Property in the amount of$137,000 between the City
of Clearwater and Drs. Kiran and Pallavi Patel Family Foundation, Inc. for city-owned
property formerly used as a portion of Damascus Road and authorize the appropriate
officials to execute same, together with all other instruments necessary to affect closing.
May 18, 1964, City of Clearwater acquired the title to the right-of-way of
Damascus Road, formerly known as Bostrom Road, per Resolution 64-90 of
the City of Clearwater, Florida, as recorded in Official Records Book 1936,
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Page 522 of the Public Records of Pinellas County, Florida.
This portion is approximately 17,960 sq. ft. and traverses through Drs. Kiran
and Pallavi Patel Family Foundation, Inc.'s recently acquired property, formerly
known as the Clearwater Christian College.
The size and shape, of this city-owned land, impose limitations on potential land
uses. Any meaningful development of this property will most likely require the
adjacent lands.
April 4, 2018, Jim Millspaugh and Associates performed an independent
appraisal of the property. This appraisal report determined that the fair market
value is $137,000. Per City Charter 2.01, when the property declared surplus is
vacated right-of-way in which the city owns the fee interest and the vacated
right-of-way is abutted by a single property owner, no competitive bid shall be
required; and the city may sell the property to the abutting property owner for not
less than fair market value.
This contract is contingent upon two pre-requisites. The first being City
Council's approval of an ordinance which vacates that certain portion of public
right-of-way of Damascus Road, formerly known as Bostrom Road, acquired by
the City per Resolution 64-90 of the City of Clearwater, Florida as recorded in
Official Records Book 1936, Page 522 of the Public Records of Pinellas
County, Florida, and an Ingress and Egress Easement as recorded in Official
Records Book 9551, Page 1433 of the Public Records of Pinellas County,
Florida. The second pre-requisite being the declaration of the City Property as
surplus by City Council for conveyance to the adjoining property owner in
accordance with the City of Clearwater Code of Ordinances/Charter.
Councilmember Allbritton moved to approve a Contract for Sale
of Real Property in the amount of $137,000 between the City of
Clearwater and Drs. Kiran and Pallavi Patel Family Foundation,
Inc. for city-owned property formerly used as a portion of
Damascus Road and authorize the appropriate officials to
execute same, together with all other instruments necessary to
affect closing. The motion was duly seconded and carried
unanimously.
10.3Appoint one member to the Community Development Board as the alternate member
with a term to expire April 30, 2022.
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City Council Meeting Minutes May 3, 2018
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Michael Boutzoukas
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Council Chambers APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: Board shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning & land use law and real estate
THE FOLLOWING ADVISORY BOARD MEMBER (ALT. MEMBER) HAS A
TERM WHICH EXPIRES ON APRIL 30, 2018 AND NOW REQUIRES EITHER
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE:
1. Charles Reed Haydon - 105 Bayside Drive, 33762 - Civil Engineer
Original Appointment: 3/2/17
(0 absences in the last year)
(Mr. Haydon was appointed as the alternate member to finish an unexpired
term until 4/30/18)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. David L. Jaye - 2856 Shady Oak Ct., 33761 - Real Estate
Yes to Alt. member seat
2. Peter P. Kohut, P.E. -240 Windward Passage, Unit 105, 33767 - Civil
Engineering
Yes to Alt. member seat
3. Elizabeth Van Scoyoc- 3460 Countryside Boulevard, #51, 33761 -
Administrative Specialist/Asst. Professor
Yes to Alt. member seat
Zip codes of current members: 1 at 33755, 1 at 33759, 1 at 33762, 2 at 33764
and 3 at 33767
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Current Categories:
1 Architect
2 Attorneys
3 Civil Engineers
1 Landscape Architect
1 Real Estate Broker
In response to questions, the City Clerk said Mr. Haydon is eligible to be
reappointed and has expressed an interested in serving as the alternate
member. Currently, there is one female appointed to the board. Elizabeth
Van Scoyoc resides in the Countryside area, she has been a city
resident for a year. There are three civil engineers serving on the board.
Vice Mayor Caudell moved to appoint Elizabeth Van Scoyoc to
the Community Development Board as the alternate member with
a term to expire April 30, 2022. The motion was duly seconded
and carried with the following vote:
Ayes: 4 - Vice Mayor Caudell, Councilmember Hamilton, Councilmember
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
11. City Attorney Reports
The City Attorney said, in response to Mr. Rask's comment regarding the
Bay Esplanade case, he stated that the case concluded that Mr.
Blackwood owned the Clearwater Beach Recreation Center. That
comment was incorrect, the City was not a party to that litigation and that
litigation cannot remove the City's ownership without the City being a
party. The City still owns the Clearwater Beach Recreation Center.
12. Other Council Action
12.1Advantage Group Letter submitted by Bud Elias.
The Mayor said Council received a letter from a constituent regarding
changing the current form of government to a strong mayor form of
government.
Discussion ensued with comments made that changing the form of
government has been discussed for a long time, no council action on
changing the form of government was taken and individuals interested
in changing the form of government had time. Concerns were expressed
that changing the form of government does not mean one takes the
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City Council Meeting Minutes May 3, 2018
current city charter and substitute city manager with mayor, time
constraints with a November 2018 ballot language deadline does not
provide sufficient time for the task force to review and draft a new charter.
It was suggested that Council consider a straw ballot for August asking
citizens if the City of Clearwater should take steps to change the city
charter by replacing the city manager-council form of government with a
strong mayor form of government.
A moment of silence was observed for the passing of Karen Aungst.
In response to questions, the City Attorney said a complete charter
amendment will be needed, all the amendments necessary to implement
the strong mayor system that Council is proposing. What is approved in
November will be the charter. Changes to the charter can be made
afterward however, there will not be another regularly scheduled election
until March 2020. She said what is adopted in November would be the
charter for 2020. Council approves the ballot language by ordinance,-
second
rdinance,second reading must be completed by August 16, 2018. Council would
only have one meeting July to review and makes changes to the
ordinance before first reading. The ballot language is due to the
Supervisor of Elections by August 21. She said every city charter looks
different, there are 67 examples of strong mayor forms of government in
Florida. Questions to be considered when rewriting the charter. does the
mayor sit on council, does the mayor get to vote or break ties, how is
power balanced between the council and the mayor, how is the mayor
replaced. There are a lot of issues to be discussed, with some more
complex than others, and the public may have different views on how they
should be addressed. The City Clerk said the cost to hold an election in
November would be approximately$10,000 to $15,000, since it is being
held in conjunction with a county election. If a special election is called, it
would cost approximately$100,000. Deputy City Manager Jill
Silverboard said staff would continue to work under the direction of the
current council for any work or priorities.
Ten individuals spoke in support.
One individual spoke in support and suggested eliminating council and
replacing it with a confederation council of the neighborhoods.
Two individuals spoke in opposition and suggested that the process
outlined in the charter to revise the charter be followed.
The City Attorney said this is not about drafting a ballot question, this is
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City Council Meeting Minutes May 3, 2018
about rewriting the city charter, which should not be taken lightly or
quickly. She supports whatever form of government Council chooses but
the process to make sure the charter is carefully drafted and considered
is important. She said she spoke with Mr. Salzman briefly regarding the
document presented by the constituent interested in changing the form of
government.
In response to questions, the City Attorney said any vote tonight does not
commit the City, Council would make the decision then the ordinance is
approved. The City Clerk said past Charter Review Committee meetings
were not advertised but were publicly noticed and open to the public.
A concern was expressed that the motion does not mention public input
or task force committee size and makeup. It was suggested that members
of the 2015 and 2011 Charter Review Committees be asked to serve on
the task force. A concern was expressed that placing this request on the
ballot would set a precedent for future citizen requests.
There was consensus that the task force would be charged with drafting a
city charter for a strong mayor form of government.
The City Attorney said at the next meeting, Council will appoint the task
force committee, at that point, the committee members may not talk to
each other outside of a committee meeting. If council wishes to direct
specific public workshops, specific direction must be given.
Councilmember Allbritton moved to form a task force of 15
members of the 2015 and 2011 Charter Review Committees
charged to work with the City Attorney and public input to
finalize charter language for strong mayor form of government to
be given to Council for approval in August to be on the November
2018 ballot. The motion was duly seconded and carried with the
following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton
Nays: 2 - Mayor Cretekos and Councilmember Cundiff
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City of Clearwater
City Council
Meeting Minutes May 3, 2018
13. Closing comments by Councilmembers (limited to 3 minutes) — None.
14. Closing Comments by Mayor — None.
15. Adiourn
The meeting adjourned at 8:10 p.m.
City of Clearwater
—Cte04(Acre kt t,oS
Mayor
City of Clearwater
Page 17