02/03/2016 Nuisance Abatement Meeting Minutes February 3, 2016
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Wednesday, February 3, 2016
3:00 PM
Organizational Meeting
City Hall Chambers
Nuisance Abatement
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City of Clearwater
Nuisance Abatement Meeting Minutes February 3, 2016
Roll Call
Present 6 - Chair Jack Geller, Vice Chair Leanne Grayston, Board Member
Charles Johnston, Board Member Bruce Miller, Board Member
Nancy O'Neill, and Board Member Richard Ruben
Also Present: Rob Surette —Assistant City Attorney, Rosemarie Call — City Clerk,
Thomas Trask— Board Attorney, and Stephanie Stutz - Paralegal
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call To Order— Mr. Surette
The meeting was called to order at 3:00 pm at City Hall.
2. Citizens to be Heard Regarding Items Not on the Agenda — None.
3. New Business Items
3.1 Introductions
Introductions of staff and board members.
Staff and board members introduced themselves.
3.2 Approve the Rules of Procedure
Staff will review the proposed Rules of Procedure.
Assistant City Attorney Rob Surette reviewed the proposed Rules of
Procedure. Mr. Surette requested a motion to approve the Rules of
Procedure.
Mr. Geller moved to approve the Rules of Procedure. The motion
was duly seconded and carried unanimously.
3.3 Elect Chair and Vice Chair
As required by the Board's Rules of Procedure, the Chair and Vice Chair shall
be elected at the annual organizational meeting.
The City Clerk reviewed expectations of Chair and Vice Chair positions.
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City of Clearwater
Nuisance Abatement Meeting Minutes February 3, 2016
Ms. O'Neil moved to elect Jack Geller as the Chair. The motion was
duly seconded and carried unanimously.
Chair Geller moved to elect Leanne Grayston as the Vice Chair. The
motion was duly seconded and carried unanimously.
3.4 Review Nuisance Abatement Ordinance and Sunshine Law
Assistant City Attorney Rob Surette reviewed the nuisance abatement
ordinance and board process. The property owner will be informed of
the activity and the applicable mitigation strategy. The Board will have
the authority to pose a fine each day the activity occurs or close the
business. If the fine is not paid, a lien will be placed on the property,
except for those properties that are homesteaded. Mr. Surette said the
Board will incent the property owner to mitigate the problem and achieve
compliance.
In response to questions, Mr. Surette said the City is working on three
cases that may come before the Board. The Board will not meet with the
property owners prior to the Board meeting. Mr. Surette the board
meetings will be open to the public, members may answer questions
from the press. Building code violation cases would go before the
Municipal Code Enforcement Board. Florida Statutes requires three
public nuisance incidences in a 6-month period for a case to go before the
Board.
Board Attorney Thomas Trask reviewed the Sunshine Law. This board is
a quasi-judicial board and will enforce the law as provided in Ordinance
8692-15. Mr. Trask said he will ensure that due process is given to each
property owner. Decisions made by the board members shall be based solely
on the evidence and testimony presented at the meeting. Mr. Trask said
members may request a field inspection of the property, this type of
inspection is not usually done but allowed on rare circumstances. Ex
parte communications are conversations you have with other people
about a matter that foreseeably can come before the Board for action.
Ex parte communication is not allowed and should be avoided. Mr.
Trask said if a member is caught in an ex parte incident, the incident
may be cured at the meeting when the case is presented. The board
member would disclose the information provided at the meeting. Board
meeting will be noticed, open to the public, and minutes will be taken.
Board members may not discuss matters that may foreseeably come
before the Board for action amongst themselves. Mr. Trask said liaisons
or conduits cannot be used by board members to communicate among
board members. All forms of communication (i.e., emails, texts, social
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City of Clearwater
Nuisance Abatement
4. Adiourn
Attest
City Clerk
City of Clearwater
Meeting Minutes February 3, 2016
media posts, letters, telephone calls, etc.) are subject to the Sunshine
Law; violations are subject to fines and /or jail time. If a Sunshine Law
violation is found, any action taken by the Board on that case would
be void and the City would have to restart the process for that particular
case. Mr. Trask said questions regarding Sunshine Law, ethics, and
public records should be directed to him.
In response to questions, Mr. Trask said the City will provide a
recommendation for each case for the Board to consider. The public will
not be able to interject comments while the Board is deliberating the
motion. Board members may abstain from voting if there is a conflict
(i.e., neighbor to subject property) and file a Conflict of Interest form. Mr.
Trask said he recommends members not participate in the case
discussion if abstaining from voting.
In response to concerns, Mr. Surette said the initial order imposed would
require three acts of prostitution within six months. The Board retains
jurisdiction on the case for one year and has the opportunity to impose
a fine. Mr. Surette said the second order would be subject to a lien
recording. If the property owner ignores attempts for compliance and
mitigation, the City may request the Board to close the business for up
to a year. Until this board was created, the City did not have a process
for imposing a fine for incidences involving prostitution, drugs, or paid
labor to a property owner with documented criminal nuisance.
The meeting adjourned at 4:01 p.m.
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