01/16/2020
City Council Meeting Minutes January 16, 2020
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, January 16, 2020
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes January 16, 2020
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 II – City Manager, Micah Maxwell – Assistant City
Manager, Michael Delk – Assistant City Manager, Pamela K. Akin City
Attorney, Rosemarie Call – City Clerk, 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 – Mayor Cretekos
The meeting was called to order at 6:00 p.m. in Council Chambers at the
Main Library.
2. Invocation – Rev. Dr. Rhonda Blevins from Chapel by The Sea.
3. Pledge of Allegiance – Councilmember Allbritton
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 January Service Awards
One service award was presented to a city employee.
5. Approval of Minutes
5.1 Approve the December 19, 2019 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Councilmember Polglaze moved to approve the December 19,
2019 City Council Meeting Minutes as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
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6. Citizens to be heard re items not on the agenda
Daniel Haluba expressed concerns regarding a settlement claim that was
presented to Council in December and felt the information related to the
incident was not accurate. He suggested the officers involved should
have been dismissed.
Michael Mahan said he is a new business owner in the area and is trying
to obtain a permit to set up tents and chairs on the beach. The tents are 8
ft. by 8 ft. or 10 ft. by 10 ft. He said Parks and Recreation and Zoning staff
have not been able to provide clear guidance if the service would be
permissible.
7. Consent Agenda – Approved as submitted.
7.1 Approve a recommendation by the Public Art and Design Board for a grant of $9,000 to
the Clearwater Arts Alliance for their proposal of Phase 5 of Thinking Outside the Box
traffic signal box wrap program to be funded from the Miscellaneous Public Art Fund
(A1901) and authorize the appropriate officials to execute same. (consent)
7.2 Approve a funding agreement between the City of Clearwater and the Pinellas Suncoast
Transit Authority (PSTA) to provide enhanced Jolley Trolley service during Spring Break
period of March 1, 2020 through April 30, 2020, with the City contributing a lump sum not
to exceed $93,415 and authorize the appropriate officials to execute same. (consent)
7.3 Authorize an amendment to the original agreement with HR and A Advisors, of New York,
NY, in an amount not to exceed $19,500, for the development of a Request for Proposal
(RFP) document and authorize the appropriate officials to execute same. (consent)
7.4 Approve a Vehicle Use Agreement between the School Board of Pinellas County, Florida
and the City of Clearwater through August 23, 2020 for the City to utilize Pinellas County
School buses at a cost of $1.50 per mile plus $29.00 per hour, for a total estimated cost
of $25,000, and authorize the appropriate officials to execute same. (consent)
7.5 Approve a Tourism Promotion Agreement between the City of Clearwater and Pinellas
County for and on behalf of Visit St. Petersburg/Clearwater (VSPC) for Clearwater Sea
Blues Festival to be held on February 22 and 23, 2020 and authorize the appropriate
officials to execute same. (consent)
7.6 Reappoint Jeffrey DiVincent to the Board of Trustees Clearwater Police Supplementary
Pension Plan with a term to expire January 31, 2024. (consent)
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7.7 Authorize a sole source award to Evoqua Water Technologies, of Pittsburgh, PA for
Odophos and PRI-SC (hydrogen peroxide), in an annual amount not to exceed
$200,000.00 for the initial contract period of February 1, 2020 through January 31, 2021,
with the option for two, one-year extensions, pursuant to Clearwater Code of Ordinances
Section 2.564 (1)(b) and authorize the appropriate officials to execute same. (consent)
7.8 Authorize a purchase order to Odyssey Manufacturing of Tampa, FL for Liquid Sodium
Hypochlorite in the annual not-to exceed amount of $485,000 for the period of January 17,
2020 through January 16, 2021 with two one-year renewal options at the City’s discretion
and authorize the appropriate officials to execute same. (consent)
7.9 Appoint Pamela Benton to the Sister Cities Advisory Board, as the School Board’s World
Language Coordinator, with a term to expire January 31, 2024. (consent)
7.10 Reappoint Leanne Grayston to the Nuisance Abatement Board with term to expire
January 31, 2024. (consent)
7.11 Request for authority to institute a civil action against the heirs, descendants, assigns, or
other interested parties of the Belair Bayou, Inc. corporation to secure the necessary
interest in certain lands in the area of the Seminole boat ramp to complete the dock
segment of the project. (consent)
Councilmember Hamilton 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 Declare surplus certain real property located in Section 17, Township 29 South, Range
16 East (city-owned David Avenue property) for the purpose of exchanging the David
Avenue property for certain property owned by Creative Contractors, Inc. at Drew Street
and North Garden Ave.; approve the related Contract for Exchange of Real Property
between Creative Contractors, Inc. and the City of Clearwater and authorize the
appropriate officials to execute same, together with all other instruments necessary to
affect closing. (APH)
The city-owned David Avenue Property is 5.68 acres of unimproved land that
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was acquired by the city on October 3, 1997 for $386,000.00. The site was
purchased in order to replace a collapsing stormwater system on the property
which was addressed after the purchase. A new stormwater pipe relining
project is underway and will be completed prior to closing of the land exchange.
The site consists of two contiguous parcels identified by the Pinellas County
Property Appraiser as 17-29-16-00000-130-0900 and
17-29-16-34650-000-0340, which are legally described in Exhibit B of the
contract.
The property owned by Creative Contractors, Inc. is located at 618-620 Drew
St., and is a 0.72-acre site containing a building with 8,176 square feet of office
space, a parking lot, and unimproved land. The site is located at the northern
perimeter of Downtown Clearwater in the strategic Old Bay Character District.
The site consists of three contiguous parcels identified by the Property
Appraiser as 09-29-15-44352-006-0030, 09-29-15-44352-006-0050, and
09-29-15-44352-006-0070, and which are legally described in Exhibit A of the
contract.
The exchange is contingent upon the following: declaration of the city property
as surplus; City Council approval of certain vacating ordinances related to the
David Avenue property as contemplated in the contract; the reservation of new
easements as contemplated in the contract; certain wellhead restrictions as
contemplated in the contract; and the City being granted adequate access to
Creative Contractor’s property for purposes of conducting inspections and
investigations, including environmental investigations. If any of the contingencies
aren’t met, the contract will become null and void.
An independent appraisal was performed by Tobias Realty Advisors, LLC on
both sites in the proposed property exchange. The City’s David Avenue
property’s fair market value was determined to be $655,000 as of December 22,
2018 and the Creative Contractor’s Drew Street Property was determined to
have a $685,000 fair market value as of December 7, 2018.
With the proposed land exchange, the City will receive a property with a higher
appraised value which is located in the strategic downtown core.
Per City Charter Section 2.01(d)(5)(iv), real property declared surplus may be
exchanged for other real property having a comparable appraised value.
The closing date in the property exchange contract between the City and
Creative Contractors contemplates the closing will occur on or before October
1, 2020.
City closing costs are not to exceed $6,000.
The parties agree that after closing of the property exchange, Creative
Contractors will leaseback from the City, the Drew Street property at the market
lease rate determined to be $4,155.56 monthly. The term of the lease is for a
period of 18 months and can be terminated with 60-days’ notice. The leaseback
will allow Creative Contractors to remain in their Drew street office while their
new office building is being constructed on the David Avenue property.
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APPROPRIATION CODE AND AMOUNT:
4191365-530100
Funding is available in Stormwater Management 1365-530100, Professional
Services for closing costs.
Councilmember Allbritton moved to declare surplus certain real
property located in Section 17, Township 29 South, Range 16
East (city-owned David Avenue property) for the purpose of
exchanging the David Avenue property for certain property
owned by Creative Contractors, Inc. at Drew Street and North
Garden Ave.; approve the related Contract for Exchange of Real
Property between Creative Contractors, Inc. and the City of
Clearwater 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.
8.2 Approve a Future Land Use Map amendment from the Institutional (I) category to the
Residential/Office General (R/OG) category for 407 N. Belcher Road and pass Ordinance
9346-20 on first reading. (LUP2019-09003)
This case involves one parcel of land located on the east side of N. Belcher
Road, approximately 1,075 feet north of Drew Street. E&J Caputo Clearwater,
LLC owns the parcel, which is approximately 0.729 acres.
The applicant, E & J Caputo Clearwater, LLC purchased the property in 2007.
For almost 30 years, the location was owned and used by a non-profit social
welfare organization which provided services for senior citizens. Since 2004,
the building has been used as a medical office with a lab service and ultrasound
facility, including after the applicant bought the property. In August 2019, the
owner entered into an agreement to lease the building to a financial broker, an
office use which is not permitted in the current underlying institutional (I) future
land use category or within the current Institutional (I) zoning district.
The request is to change the property’s Future Land Use Map designation from
Institutional (I) to Residential/Office General (R/OG). A request to rezone the
property from the Institutional (I) District to the Office (O) District is being
processed concurrently with this case (REZ2019-09002). The requested
amendments would allow the property to be used as an office as proposed.
The Planning and Development Department has determined that the proposed
Future Land Use Map amendment is consistent with the provisions of the
Community Development Code as specified below:
The proposed amendment is consistent with the Comprehensive Plan
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and the Countywide Plan Rules.
The proposed amendment is compatible with the surrounding properties
and character of the neighborhood.
Sufficient public facilities are available to serve the properties.
The proposed amendment will not have an adverse impact on the
natural environment.
The proposed amendment will not have an adverse impact on the use of
the property in the immediate area.
In accordance with the Countywide Plan Rules, this land use plan amendment
is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning
Council, and the Board of County Commissioners acting as the Countywide
Planning Authority. The application is a small-scale amendment so review and
approval by the Florida Department of Economic Opportunity and other state
agencies is not required.
The Community Development Board reviewed this application at its December
17, 2019 public hearing and made a unanimous recommendation of approval to
the Council.
Vice Mayor Cundiff moved to approve a Future Land Use Map
amendment from the Institutional (I) category to the
Residential/Office General (R/OG) category for 407 N. Belcher
Road. The motion was duly seconded and carried unanimously.
Ordinance 9346-20 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9346-20 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. Quasi-Judicial Public Hearings
9.1 Approve a Zoning Atlas Amendment from the Institutional (I) District to the Office (O)
District for 407 N. Belcher Road and pass Ordinance 9347-20 on first reading.
(REZ2019-09002)
This case involves one parcel of land located on the east side of N. Belcher
Road, approximately 1,075 feet north of Drew Street. E&J Caputo Clearwater,
LLC owns the parcel, which is approximately 0.729 acres.
The applicant, E & J Caputo Clearwater, LLC purchased the property in 2007.
For almost 30 years, the location was owned and used by a non-profit social
welfare organization which provided services for senior citizens. Since 2004,
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the building has been used as a medical office with a lab service and ultrasound
facility, including after the applicant bought the property. In August 2019, the
owner entered into an agreement to lease the building to a financial broker, an
office use which is not permitted in the current underlying institutional (I) future
land use category or within the current Institutional (I) zoning district.
The applicant is requesting to rezone the subject property from the Institutional
(I) District to the Office (O) District. A request to amend the future land use
category from Institutional (I) to Residential/Office General (R/OG) is being
processed concurrently with this case (LUP2019-09003).
The proposed Office (O) District will allow the site to continue to be used as an
office as proposed and is consistent with the surrounding zoning districts that
exist in the vicinity of the subject property.
The Planning & Development Department has determined that the proposed
Zoning Atlas amendment is consistent with the Community Development Code
as specified below:
The proposed amendment is consistent with the Comprehensive Plan
and the Community Development Code.
The proposed amendment is compatible with the surrounding property
and character of the neighborhood.
The available uses in the Office (O) District are compatible with the
surrounding area.
The proposed amendment will not adversely burden public facilities,
including the traffic-carrying capacities of streets, in an unreasonably or
disproportionate manner.
The proposed Office (O) District boundary is appropriately drawn in
regard to location and classification of streets, ownership lines, existing
improvements, and the natural environment.
The Community Development Board reviewed this application at its December
17, 2019 public hearing and made a unanimous recommendation of approval to
the Council.
Councilmember Allbritton moved to approve a Zoning Atlas
Amendment from the Institutional (I) District to the Office (O)
District for 407 N. Belcher Road. The motion was duly seconded
and carried unanimously.
Ordinance 9347-20 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9347-20 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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10. Second Readings - Public Hearing
10.1 Adopt Ordinance 9349-20 on second reading, approving amendments to the Community
Development Code to adopt the International Property Maintenance Code with Certain
Local Amendments in Section 3-1502 in place of Chapter 47, Article VII, Unsafe
Buildings and Systems and Chapter 49, Housing Code, and expanding the powers of the
Building/Flood Board of Adjustment and Appeals to hear violations and appeals related
to the International Property Maintenance Code.
Ordinance 9349-20 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9349-20 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
10.2 Adopt Ordinance 9352-20 on second reading, approving a request from Edgewater
Valor Capital, LLC, to vacate a portion of a 5 foot-wide platted utility easement as
recorded in Plat Book 31, Page 12 of the Public Records of Pinellas County, Florida, and
a portion of a 10 food-wide plated alley, as recorded in Plat Book 4, Page 56 of the
Public Records of Pinellas County, Florida.
Ordinance 9352-20 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9352-20 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
Motion carried.
11. City Manager Reports
11.1 Approve amendments to the Clearwater Code of Ordinances, Chapter 25 - Public
Conveyances to define commercial megacycles and definitions to establish standards for
commercial megacycles, to require a license for commercial megacycles to be operated
in the city and to add penalties; approve amendments to the Clearwater Code of
Ordinances, Chapter 6 - Alcoholic Beverages, to provide an exemption for megacycle
passengers and pass Ordinance 9358-20 on first reading.
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In August of 2019 staff was tasked with examining the feasibility of permitting
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.
The Pilot program will include defined areas in downtown Clearwater and
Clearwater Beach. Per council direction provided at the December 19, 2019
council meeting, staff has included the provision to allow alcoholic beverages on
megacycles, requiring additional amendments to the Clearwater Code of
Ordinances, Chapter 6 - Alcoholic Beverages.
Vice Mayor Cundiff moved to approve amendments to the
Clearwater Code of Ordinances, Chapter 25 - Public Conveyances
to define commercial megacycles and definitions to establish
standards for commercial megacycles, to require a license for
commercial megacycles to be operated in the city and to add
penalties; approve amendments to the Clearwater Code of
Ordinances, Chapter 6 - Alcoholic Beverages, to provide an
exemption for megacycle passengers. The motion was duly
seconded and carried with the following vote:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
Ordinance 9358-20 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9358-20 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 4 - Councilmember Polglaze, Councilmember Hamilton, Vice Mayor
Cundiff and Councilmember Allbritton
Nays: 1 - Mayor Cretekos
Motion carried.
11.2 Accept a utility easement from 1250 Main L.L.C. for the construction, installation and
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maintenance of city utility facilities on real property located at 1712 Gulf to Bay Blvd. and
adopt Resolution 20-02.
The Utility Easement will allow the City rights for construction, installation and
maintenance of utility facilities as the site is developed for commercial use.
Vice Mayor Cundiff moved to accept a utility easement from 1250
Main L.L.C. for the construction, installation and maintenance of
city utility facilities on real property located at 1712 Gulf to Bay
Blvd. The motion was duly seconded and carried unanimously.
Resolution 20-02 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 20-02. 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
11.3 Accept a drainage and utility easement from Gulfview Lodging, LLP for the construction,
installation and maintenance of certain drainage and utility facilities on real property
located at 385 S. Gulfview Blvd. and adopt Resolution 20-03.
The proposed easement will provide the City with property rights necessary
for the construction, installation and maintenance of city drainage and utility
facilities that support commercial development on the subject site.
The City Engineering Department recommends acceptance of the easement.
Councilmember Allbritton moved to accept a drainage and utility
easement from Gulfview Lodging, LLP for the construction,
installation and maintenance of certain drainage and utility
facilities on real property located at 385 S. Gulfview Blvd. The
motion was duly seconded and carried unanimously.
Resolution 20-03 was presented and read by title only.
Councilmember Polglaze moved to adopt Resolution 20-03. 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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11.4 Accept a sidewalk easement from Habitat for Humanity of Pinellas County Inc., on real
property located at 1121 South Street, and adopt Resolution 20-06.
The Sidewalk Easement will allow the City rights for repair, maintenance and
replacement of proposed sidewalk as the 1121 South Ave. site is developed for
single family housing.
Councilmember Hamilton moved to accept a sidewalk easement
from Habitat for Humanity of Pinellas County Inc., on real
property located at 1121 South Street. The motion was duly
seconded and carried unanimously.
Resolution 20-06 was presented and read by title only.
Councilmember Allbritton moved to adopt Resolution 20-06. 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. City Attorney Reports
12.1 Ratify the adoption of Resolution 19-34 authorizing the issuance of bonds to finance a
portion of the costs of the Imagine Clearwater project in accordance with the Clearwater
Code of Ordinances and pass Ordinance 9357-20 on first reading.
The City of Clearwater deems it necessary, desirable and in the best interests
of the Issuer and its citizens and to serve a paramount public purpose that the
Imagine Clearwater Project (Project) be completed.
The Project shall be financed and/or reimbursed with the proceeds of debt
instruments, together with certain other legally available funds of the City.
In order to preserve and promote the gainful employment and tourism and to
enhance the economic prosperity and public welfare of the inhabitants of the
city, it is necessary and desirable that the Project be completed.
The City has adopted Resolution No. 19-34 on November 21, 2019 (Bond
Resolution) authorizing the issuance of debt instruments (Series 2020 Bonds),
and in accordance with the Clearwater Code of Ordinances, Chapter 2, Article
VI, Section 2.522, wants to ratify the adoption of the Bond Resolution and
approve the issuance of such debt instruments in accordance with the Code of
Ordinances.
The estimated Non-Ad Valorem Revenues, after satisfying funding requirements
for obligations having an express lien on or pledge thereof and after satisfying
any funding requirements for essential governmental services of the city which
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are not funded by ad valorem taxation, will be sufficient to pay the principal of
and interest on the Series 2020 Bonds, as the same become due, and to make
all other payments provided for in the Bond Resolution.
The principal of and interest on the Series 2020 Bonds and all other payments
provided for in the Bond Resolution will be paid solely from the Pledged Funds;
and the ad valorem taxing power of the city will never be necessary to pay the
principal of and interest on the Series 2020 Bonds and, except as otherwise
provided in the Bond Resolution, the Series 2020 Bonds shall not constitute a
lien upon any property of the Issuer.
The City intends on adopting a Supplemental Resolution to provide for the
manner of sale and terms of the Series 2020 Bonds, including the approval of
the Purchase Contract, the designation of the Underwriter and the distribution of
an offering document in connection with the sale of the Series 2020 Bonds by
the Underwriter, and the designation of the Paying Agent and Registrar, after it
has completed the validation of the Series 2020 Bonds authorized in Section
8.08 of the Bond Resolution.
Councilmember Allbritton moved to ratify the adoption of
Resolution 19-34 authorizing the issuance of bonds to finance a
portion of the costs of the Imagine Clearwater project in
accordance with the Clearwater Code of Ordinances. The motion
was duly seconded and carried unanimously.
Ordinance 9357-20 was presented and read by title only.
Councilmember Polglaze moved to pass Ordinance 9357-20 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
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Hamilton said Council meets with staff one-on-one for most
agenda items and any questions are typically answered prior to the Council
meeting. He clarified that if Council does not ask questions of staff for an
agenda item, it is most likely because they already have had the questions
answered. He said information provided by an individual under Citizens to Be
Heard earlier in the meeting was inaccurate.
Councilmember Allbritton said he is excited to represent Clearwater in
Tallahassee next week during a legislative trip with Amplify Clearwater.
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14. Closing Comments by Mayor
15. Adjourn
Mayor Cretekos reviewed and recent and upcoming events and thanked all
those involved with the Outback Bowl event. He congratulated Haley Crum
for receiving the AchieveHERs Woman of the Year award and Bob Roberti
for receiving the Mr. Clearwater 2020 award. He offered condolences to the
survivors of Jeannette Hale.
The meeting adjourned at 6:42 p.m.
—eteamo-A60,
Mayor
Attest City of Clearwater
OFR?,
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City Clerk
City of Clearwater
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