03/04/2020 Nuisance Abatement Board Meeting Minutes March 4, 2020
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Wednesday, March 4, 2020
1 :00 PM
Main Library - Council Chambers
Nuisance Abatement Board
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City of Clearwater
Nuisance Abatement Board Meeting Minutes March 4, 2020
Roll Call
Present 5 - Board Member Nancy O'Neill, Board Member Gary Baker, Board
Member MaryAnn Lane, Board Member Meg Taylor, and Board
Member Greg Brown
Absent 2 - Chair Leanne Grayston, and Board Member Susan Oliveto
Also Present: Matthew Smith —Assistant City Attorney, Rosemarie Call — City Clerk,
Thomas Trask— Board Attorney, and Stephanie Beruvides - Paralegal
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
1. Call to Order— Board Attorney Trask
The meeting was called to order at 1:00 p.m. in Council Chambers at the
Main Library.
Attorney Trask said an Interim Chair is needed for today's meeting.
Board Member Baker moved to appoint Nancy O'Neill as the Interim
Chair. The motion was duly seconded and carried unanimously.
2. Approval of Minutes
2.1 Approve the minutes of the February 5, 2020 Nuisance Abatement Board meeting as
submitted in written summation by the City Clerk.
Board Member Baker moved to approve the minutes of the February
5, 2020 Nuisance Abatement Board meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda — None.
4. New Business Items
4.1 Case No. 2020-02 - City of Clearwater v. DEVOM LLC.
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City of Clearwater
Nuisance Abatement Board Meeting Minutes March 4, 2020
Assistant City Attorney Matt Smith presented a stipulated order for the
Board's acceptance. Since the Board's last meeting, Mr. Smith
conducted a site visit with a Clearwater police officer, the property owner and
the attorney. He said the Clearwater Lieutenant identified the mitigation
strategies discussed. The stipulation order is an agreement both parties
have worked out, the Clearwater Police Chief has approved the order. Mr.
Smith said the Board has retention on the matter for the next year, if the
board order is not followed, the matter can be brought back to the Board for
appropriate action. He said the nuisance activities on the property will
soon be abated. The key points of the order are the Board declares the
property a public nuisance, the property owner will maintain policies
outlined in their attorney's letter, and the security cameras are running on
a continual basis and will be available to Clearwater Police upon request.
Mr. Smith said if the police in the future make cases at the property, the
property owner will no longer rent to those individuals. The owner will also
not rent to individuals who do not comply with the hotel's policies. The
Clearwater Police Department will train hotel staff on how to identify
suspicious activity. Mr. Smith said when there is cooperation from the
owner, those instances will not be used against the owner. Mr. Smith said
since there is an agreement, the City will not request any fines. Staff is
requesting the Board accept the order.
Owner representative Shyamie Dixit said Mr. Smith was professional and
cooperative. He said his client agreed with the order presented to the
Board.
In response to questions, Mr. Smith there is no timeframe associated with
the fence; reasonable amount of time is anticipated, but the Board may
add a timeframe. There is a cinder block wall between the two properties
and a tree. Mr. Dixit said the large oak tree is in the middle of the fence
line and Mr. Amish Patel did not own the 5-ft. cinderblock wall. Mr. Patel said
he addressed the gaps in the fencing with a heavy-duty plastic to deter
individuals from slipping through from the other property. Mr. Dixit said a
fence was erected on the property behind the open field and the
homeless individuals are no longer living there. Mr. Smith said
Clearwater Police will patrol the property to ensure Mr. Patel is following
procedures, there has been a lot of interaction between the City and the
owner to date. The City does not consider this to be a final matter or
resolved completely, but it does not make sense to beat up a property
owner when they are making quantifiable efforts.
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City of Clearwater
Nuisance Abatement Board
Meeting Minutes March 4, 2020
Attorney Trask said the dates on pages 2 and 3 must reflect March 4,
2020.
Board Member Baker moved to approve the stipulation agreement,
as presented, for Case No. 2020-02 - City of Clearwater v. DEVOM,
LLC. The motion was duly seconded and carried unanimously.
4.2 Amend Rules of Procedure.
5. Adiourn
Staff is recommending the following changes to the Board's Rules of
Procedure:
• Section 3 - Officers and Their Duties
o Added language clarifying that the Chair shall not neither make or
second a motion. This is consistent with other city boards, such as
the Community Development Board.
o Amended reference to Chairperson to Vice -Chairperson to Chair
and Vice -Chair. Note - this amendment was carried throughout the
document.
• Section 6 - Meetings
o Amended meeting location to reflect the Board meets in Council
Chambers at the Main Library. The current language lists City Hall as
the meeting location.
Board Member Baker moved to approve Item 4.2, as presented. The
motion was duly seconded and carried unanimously.
The meeting adjourned at 1:17 p.m.
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Attest uisance Abatement Board
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City Clerk
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City of Clearwater