12/05/2019 City Council Meeting Minutes December 5, 2019
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, December 5, 2019
6:00 PM
Main Library - Council Chambers
City Council
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City Council Meeting Minutes December 5, 2019
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Jay Polglaze,
Councilmember Hoyt Hamilton, Vice Mayor Bob Cundiff and
Councilmember David Allbritton
Also Present: William B. Horne 11 — City Manager, Micah Maxwell —Assistant City
Manager, Michael Delk—Assistant City Manager, Pamela K. Akin City
Attorney and Nicole Sprague — Official Records & 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
The meeting was called to order at 6:00 p.m. in Council Chambers at
the Main Library.
2. Invocation — Pastor Jonathan Thacker from New Destiny Worship Center
3. Pledge of Allegiance — Vice Mayor 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 Environmental Advisory Board Annual Presentation - Jared Leone, EAB Chair
4.2 Clearwater Ferry Services Transportation Alternatives - Patricia Rodriguez, Clearwater
Ferry Services
In response to questions, Ms. Rodriguez said the bigger hotels have not
closed their parking garages to their employees. Two years ago there were
approximately 12,000 employees on the beach. Marine and Aviation
Director Ed Chesney said the ferry is using existing infrastructure and if the
City is going to be in the ferry business, ferry infrastructure is needed.
There is a grant opportunity with an application deadline of December 13,
2019 through Forward Pinellas for$1 million. Mr. Chesney said he is not
comfortable applying for the grant this year as he needs to look at all
aspects of the application and talk with staff and determine the City's
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financial commitment. The grant will be available for subsequent years and
funding can be used for planning, drawings, permitting, etc.
Comment was made that an application would be stronger if the City waited.
Mr. Chesney said he heard about the grant opportunity in November.
5. Approval of Minutes
5.1 Approve the minutes of the November 21, 2019 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Allbritton moved to approve the November 21, 2019
City Council Meeting Minutes 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
Mark Bunker expressed concerns regarding a Tampa Bay Times article
about a meeting between city officials and the Church of Scientology.
He said there was a missed opportunity for the City to ask questions
about the Church's future plans in the city. He cautioned the City about
treating the Church as a partner and said they have been sucking money
out of downtown for years.
Mike Riordon said he is in favor of council districts and the City should
consider getting community feedback on the subject.
7. Consent Agenda — Approved as submitted.
7.1 Authorize the purchase of nineteen additional police vehicles for a not-to-exceed amount
of$745,000, per the recommended contracts in accordance with Clearwater Code of
Ordinances Section 2.564 (1)(d) Other Government Entities; declare surplus and
authorize for disposal at auction the vehicles being replaced in accordance with
Clearwater Code of Ordinances Section 2.622; authorize an increase to the current
purchase order with Enforcement One Inc., of Oldsmar, Florida in the amount of$150,000
to provide police upfitting services for a new not to exceed amount of$450,000; authorize
lease purchase under the City's Master Lease Purchase Agreement or internal financing
via an interfund loan from the Capital Improvement Fund, whichever is deemed to be in
the City's best interests and authorize the appropriate officials to execute same.
(consent)
7.2 Approve an Engineer of Record (EOR) work order to HW Lochner of Tampa, FL for
design of the Memorial Causeway Bridge lighting in the amount of$166,656 and
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authorize the appropriate officials to execute same. (consent)
7.3 Appoint Phil Henderson to the Marine Advisory Board as the Ex Officio member with term
to expire December 31, 2023. (consent)
7.4 Appoint Andrew Lorenti to the Library Board to fill the remainder of an unexpired term
through February 28, 2021. (consent)
7.5 Appoint Kelli O'Donnell to the Airpark Advisory Board as an Ex Officio member with term
to expire December 31, 2023. (consent)
7.6 Appoint Kerry Fuller to the Municipal Code Enforcement Board to fill the remainder of an
unexpired term through October 31, 2021. (consent)
7.7 Disband the Charter Review Committee. (consent)
Councilmember Polglaze 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 the owners of property addressed as 901 S. Missouri Avenue
and 1209 Jasmine Way, Clearwater, to vacate all of the platted alley abutting Lots 6 and
7 of Block D, as described in the plat titled McVeigh Subdivision as recorded in Plat
Book 30, Page 83, of the Public Records of Pinellas County, Florida and pass Ordinance
9351-19 on first reading. (VAC2019-16)
The property owners of 901 S. Missouri Avenue and 1209 Jasmine Way,
Clearwater have requested that the City vacate a 20-foot-wide alley between
their properties.
The purpose of this vacation will be to allow for future development on the
owner's property.
All city departments have reviewed this alley vacation and have no objection.
The City of Clearwater will retain a Utility Easement on the south 6 feet of the
plated alley proposed to be vacated, for the installation and maintenance of any
and all public utilities to support existing and future facilities.
Vice Mayor Cundiff moved to approve the request from the owners
of property addressed as 901 S. Missouri Avenue and 1209 Jasmine
Way, Clearwater, to vacate all of the platted alley abutting Lots 6 and
7 of Block D, as described in the plat titled McVeigh Subdivision as
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recorded in Plat Book 30, Page 83, of the Public Records of Pinellas
County, Florida. The motion was duly seconded and carried
unanimously.
Ordinance 9351-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9351-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
8.2 Approve the annexation, initial Future Land Use Map designations of Residential Low
(RL) and Water/Drainage Feature Overlay and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1725 Owen Drive and pass Ordinances
9343-19, 9344-19 and 9345-19 on first reading. (ANX2019-10023)
This voluntary annexation petition involves a 0.200-acre property consisting of
one parcel of land occupied by a single-family dwelling. The parcel is located on
the east side of Owen Drive approximately 365 feet north of SR 590. The
applicant is requesting annexation in order to receive sanitary sewer and solid
waste service from the City. The property is located within an enclave and is
contiguous to existing city limits to the east. It is proposed that the property be
assigned Future Land Use Map designations of Residential Low (RL) and
Water/Drainage Feature Overlay and a Zoning Atlas designation of Low Medium
Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County.
Collection of solid waste will be provided to the property by the City. The
closest sanitary sewer line is located in the adjacent Owen Drive
right-of-way, and the owner is aware that the required sewer impact and
assessment fees must be paid in full prior to connection and of the
additional costs to extend City sewer service to the property. Collection
of solid waste will be provided to the property by the City. The property
is located within Police District III and service will be administered
through the district headquarters located at 2851 N. McMullen Booth
Road. Fire and emergency medical services will be provided to this
property by Station #48 located at 1700 Belcher Road. The City has
adequate capacity to serve this property with sanitary sewer, solid
waste, police, 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
• The proposed annexation is consistent with and promotes the following
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objectives and policy of the Clearwater Comprehensive Plan:
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 Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of this property.
This designation primarily permits residential uses at a density of 5 units
per acre. The Water/Drainage Feature Overlay proposed to be applied
to the property will recognize the existing drainage easement on the
property. The proposed zoning district to be assigned to the property is
Low Medium Density Residential (LMDR). 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 limits
to the east. Therefore, the annexation is consistent with Florida Statutes
Chapter 171.044.
Councilmember Allbritton moved to approve the annexation, initial
Future Land Use Map designations of Residential Low (RL) and
Water/Drainage Feature Overlay and initial Zoning Atlas designation
of Low Medium Density Residential (LMDR) District for 1725 Owen
Drive. The motion was duly seconded and carried unanimously.
Ordinance 9343-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9343-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
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Ordinance 9344-19 was presented and read by title only. Vice Mayor
Cundiff moved to pass Ordinance 9344-19 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9345-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9345-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9328-19 on second reading, annexing certain real property whose post
office address is 2048 The Mall, Clearwater, Florida 33755, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 9328-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9328-19 on
second and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes:5 - Mayor Cretekos, Councilmember Polglaze, Councilmember
Hamilton, Vice Mayor Cundiff and Councilmember Allbritton
9.2 Adopt Ordinance 9329-19 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 2048 The Mall, Clearwater, Florida 33755, upon annexation
into the City of Clearwater as Residential Urban (RU).
Ordinance 9329-19 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 9329-19 on
second and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes:5 - Mayor Cretekos, Councilmember Polglaze, Councilmember
Hamilton, Vice Mayor Cundiff and Councilmember Allbritton
9.3 Adopt Ordinance 9330-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2048 The Mall, Clearwater,
Florida 33755, upon annexation into the City of Clearwater as Low Medium Density
Residential (LMDR).
Ordinance 9330-19 was presented and read by title only. Vice Mayor
Cundiff moved to adopt Ordinance 9330-19 on second
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and final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.4 Adopt Ordinance 9331-19 on second reading, annexing certain real property whose post
office address is 2765 Avocado Drive, Clearwater, Florida 33759, into the corporate
limits of the city and redefining the boundary lines of the city to include said addition.
Ordinance 9331-19 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9331-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.5 Adopt Ordinance 9332-19 on second reading, amending the future land use element of
the Comprehensive Plan to designate the land use for certain real property whose post
office address is 2765 Avocado Drive, Clearwater, Florida 33759, upon annexation into
the City of Clearwater, as Residential Low (RL)
Ordinance 9332-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9332-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.6 Adopt Ordinance 9333-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 2765 Avocado Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9333-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9333-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes:5 - Mayor Cretekos, Councilmember Polglaze, Councilmember
Hamilton, Vice Mayor Cundiff and Councilmember Allbritton
9.7 Adopt Ordinance 9334-19 on second reading, annexing certain real property whose post
office address is 1717 Grove Drive, Clearwater, Florida 33759, into the corporate limits
of the city and redefining the boundary lines of the city to include said addition.
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Ordinance 9334-19 was presented and read by title only. Vice Mayor
Cundiff moved to adopt Ordinance 9334-19 on second
and final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes:5 - Mayor Cretekos, Councilmember Polglaze, Councilmember
Hamilton, Vice Mayor Cundiff and Councilmember Allbritton
9.8 Adopt Ordinance 9335-19 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 1717 Grove Drive, Clearwater, Florida 33759, upon
annexation into the City of Clearwater as Residential Low (RL).
Ordinance 9335-19 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9335-19 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.9 Adopt Ordinance 9336-19 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1717 Grove Drive, Clearwater,
Florida 33759, upon annexation into the City of Clearwater as Low Medium Density
Residential (LMDR).
Ordinance 9336-19 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9336-19 on
second and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
9.10Adopt Ordinance 9340-19 on second reading, amending Beach By Design: A
Preliminary Design for Clearwater Beach and Design Guidelines to update the public
boardwalk standards in "Marina District Boardwalk Design Guidelines and
Specifications."
Ordinance 9340-19 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 9340-19 on
second and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes:5 - Mayor Cretekos, Councilmember Polglaze, Councilmember
Hamilton, Vice Mayor Cundiff and Councilmember Allbritton
9.11Adopt Ordinance 9348-19 on second reading, amending the Code of Ordinances,
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Chapter 25 - Public Transportation Carriers, Article I - Public Conveyances to define
micromobility device, motorized scooter, and shared mobility device provider and make
other amendments to related definitions, to establish standards for micromobility devices,
to require a license for shared mobility devices offered for rent within the city, and to add
penalties.
Ordinance 9348-19 was presented and read by title only. Vice Mayor
Cundiff moved to adopt Ordinance 9348-19 on second
and final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
10. City Manager Reports
10.1Accept a sidewalk easement over portions of Lots 10, 11 and 12, Block 4, of Carter,
Honaker and Bare's Lincoln Place Addition to Clearwater as recorded in Plat Book 3,
Page 27, of the Public Records of Pinellas County, Florida, conveyed to the City by the
Property Owner, adopt Resolution 19-38, and authorize the appropriate officials to
execute same.
The sidewalk easement will allow the City rights for repair and maintenance of a
sidewalk as Clearwater Neighborhood Housing Services develops the site for
single family housing.
Councilmember Hamilton moved to accept a sidewalk easement
over portions of Lots 10, 11 and 12, Block 4, of Carter, Honaker and
Bare's Lincoln Place Addition to Clearwater as recorded in Plat
Book 3, Page 27, of the Public Records of Pinellas County, Florida,
conveyed to the City by the Property Owner. The motion was duly
seconded and carried unanimously.
Resolution 19-38 was presented and read by title only.
Councilmember Allbritton moved to adopt Resolution 19-38. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
10.2Amend the Clearwater Code of Ordinances, Chapter 25 - Public Transportation Carriers,
Article I - Public Conveyances to define commercial megacycles and definitions to
establish standards for commercial megacycles, to require a license for commercial
mega cycles to be operated in the city and to add penalties and pass Ordinance 9356-20
on first reading.
In August of 2019 staff was tasked with examining the feasibility of permitting
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the operation of megacycles in the City of Clearwater. After conducting
research on a local and state level, staff developed a pilot program to determine
the viability of the program. It has been determined that an amendment to the
Clearwater Code of Ordinances, Chapter 25 - Public Transportation Carriers,
Article I - Public Conveyances would be needed to administer the pilot program.
In response to questions, Assistant to the City Manager Jim Halios said the
pilot program is for the downtown area. The City Manager said staff is
presenting the program as Council directed.
A suggestion was made that the pilot program be extended to areas on
Clearwater Beach. Comment was made that there is already significant
traffic congestion on the beach and megacycles would add to the problem.
The City Manager said staff does not recommend placing the megacycles on
the beach.
Two individuals spoke in support of expanding the pilot program to the
beach.
One individual spoke in opposition of allowing the program on the beach.
Comment was made that if the megacycles on the beach show a hinderance
to beach traffic, the program does not have to be extended beyond the six-
month pilot program.
Staff was directed to bring the item back to the next worksession with an
expanded operating area to include north and south Clearwater Beach with
the understanding that the megacycles will be prohibited in the roundabout.
11. City Attorney Reports
11.1Approve referendum questions to appear on the ballot March 17, 2020 regarding
changes to the City Charter and pass Ordinances 9353-19, 9354-19 and 9355-19 on first
reading.
The Charter Review Committee is appointed by the City Council every five
years to review the City Charter and recommend changes thereto. This year's
Charter Review Committee recommends the following changes:
Ordinance 9353-19 would increase the size of city owned real property that may
be donated or sold for less than fair market value to five acres for the purpose of
workforce housing and allow the donation or sale for less than fair market value
of uneconomic remainders to adjacent property holders;
Ordinance 9354-19 would make non-substantive changes to the Charter,
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City Council Meeting Minutes December 5, 2019
deleting language allowing the lease of certain city property to the Clearwater
Marine Aquarium because it has expired; amending Section 2,.06(c) to be
consistent with state law; and to require the City Manager to submit a report on
the state of the city every November instead of September;
Ordinance 9355-19 would require the Charter Review Committee to meet at
least every eight years instead of the current every five years;
Upon being adopted, each of these ordinances would be presented as a ballot
question on the March 17, 2020 ballot for referendum vote by the citizens of the
City of Clearwater. Each ordinance would become effective only upon being
approved at referendum.
Vice Mayor Cundiff moved to approve referendum questions to
appear on the ballot March 17, 2020 regarding changes to the City
Charter. The motion was duly seconded and carried unanimously.
Ordinance 9353-19 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9353-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9354-19 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9354-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
Ordinance 9355-19 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9355-19 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Polglaze, Councilmember Hamilton,
Vice Mayor Cundiff and Councilmember Allbritton
12. Closing comments by Councilmembers (limited to 3 minutes)
Vice Mayor Cundiff said he toured the Monin Factory on Range Road, the
Monin product started in Bourges, France and Clearwater is in the process of
starting a Sister City relationship with Bourges. Their shipping and labeling
supplies are green and they hire people who are on the autism spectrum.
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Councilmember Polglaze said Clearwater has the most recreation facilities
and opportunities than any other city in Florida. Former Parks and
Recreation Director Kevin Dunbar had a vision that no child should drown
and created a $10 swim lesson program for all children in Pinellas County
and provided the lesson for free if the fee created a financial burden on the
family.
Councilmember Allbritton said there was a great turnout for the Imagine
Clearwater public meetings; it gives a good idea of what the park will look
like when it is finished.
Councilmember Hamilton said he had worked with the former Parks and
Recreation Director for years and while there were unfortunate
circumstances leading to his resignation, he deserves credit for the overall
quality of the department.
13. Closing Comments by Mayor
14. Adjourn
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 7:33 p.m.
laogt ^est. dos
Mayor
City of Clearwater
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