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10/07/2021 City Council Meeting Minutes October 7, 2021 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 m Meeting Minutes Thursday, October 7, 2021 6:00 PM Main Library - Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes October 7, 2021 Rollcall Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: Micah Maxwell — Interim City Manager, Michael Delk—Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call — City Clerk, and Nicole Sprague — Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor Hibbard The meeting was called to order at 6:00 p.m. 2. Invocation — Father Jim Sorvillo from Episcopal Church of the Ascension 3. Pledge of Allegiance — Given. 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 Manufacturing Month Proclamation, October 2021 - Beth Galic, Executive Director Bay Area Manufacturers Association 4.2 Domestic Violence Awareness Month Proclamation, October 2021 - Tracy Wiecking, Vice President, Abuse Services Division; Executive Director, The Haven at HVA 4.3 Fire Prevention Week 2021 Proclamation, October 3-9, 2021 — Fire Chief Scott Ehlers and Fire Marshall Jim Warman 4.4 United Way Proclamation, October 8-November 5, 2021 - Chuck Warrington, Clearwater Gas System Director and Ilise James, United Way 5. Approval of Minutes Page 2 City of Clearwater City Council Meeting Minutes October 7, 2021 5.1 Approve the minutes of the September 16, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the September 16, 2021 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 John Doran reported the roundabout still works. Eleanore Lyda said the members of the East Gateway Business and Neighbors Association are excited to see Phase 3 of Cleveland Streetscape finally start. She invited all to attend the Association's first meeting at Hacienda Corralejo on October 11 at 5:30 p.m. Patrick Raftery said Hillsborough County allocated $35 million of the American Rescue Plan Act (ARPA) funds they received for road and sidewalk repairs. He said he contacted the Pinellas County Commission suggesting they consider providing a similar allocation. He encouraged City Council allocate a portion of the ARPA funds be used for sidewalk repairs and the Park Street Transit Center refurbishing. 7. Consent Agenda — Approved as submitted. 7.1 Approve a contract with Complete Property Services, LLC of Tampa, FL to perform structural repairs and refinishing services at BayCare Ballpark in an amount not to exceed $356,407.70 pursuant to Invitation to Bid (ITB) 20-0036-EN-A, BayCare Ballpark - Structural Repairs (2021) and authorize the appropriate officials to execute same. (consent) 7.2 Approve a purchase order to Dana Safety Supply, Inc., of Greensboro, NC to purchase 25 Sig Sauer MCX rifles, 25 Sig Sauer SLX suppressors, 25 Sig Sauer Romeo sighting devices and associated equipment in an amount not to exceed $99,711.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(d) Impractical; declare 23 HK416D rifles, 24 Surefire suppressors, and 30 Eotech XPS2 sighting systems surplus and approve trade-in in the amount of$92,350.00 pursuant to Clearwater Code of Ordinances Section 2.623(7)(e), and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater City Council Meeting Minutes October 7, 2021 7.3 Approve a purchase order to Pinellas County Solid Waste Management for the disposal of solid waste at the Pinellas County landfill for a not-to-exceed amount of$689,000.00 for the term October 1, 2021 through September 30, 2026 pursuant to Clearwater Code of Ordinances Section 2.563(1)(a), Single source, and authorize the appropriate officials to execute same. (consent) 7.4 Approve the Pinellas County Technical Rescue Team Agreement 2021 with Pinellas County and the City of Clearwater for a five-year term through September 30, 2026 and authorize the appropriate officials to execute same. (consent) 7.5 Approve purchase orders to multiple vendors for the acquisition of library books and materials in the cumulative not-to-exceed amount of$487,000.00 for the term October 1, 2021 through September 30, 2022, pursuant to Clearwater Code of Ordinances Section 2.563 (1)(d) - Piggyback and cooperative purchases and Section 2.563 (1)(1) - Copyrighted materials, and authorize the appropriate officials to execute same. (consent) 7.6 Declare library materials surplus and authorize donation to designated local not-for-profit organizations pursuant to Clearwater Code of Ordinances Section 2.623(7)(d) and authorize the appropriate officials to execute same. (consent) 7.7 Approve a professional services agreement and design work order with Moffat and Nichol, Inc. of Tampa, FL, per Request for Qualifications 24-21, for replacement of the Clearwater Beach Marina (21-0008-MA) in the amount of$1,484,174.50 and authorize the appropriate officials to execute same. (consent) 7.8 Authorize purchase orders to multiple vendors for the purchase of vehicle parts for heavy and light duty city vehicles and equipment in the not-to-exceed amount of$1,500,000.00 for term October 1, 2021 through September 30, 2022 pursuant to City Code of Ordinances Section 2.563(1)(a) Single source, Section 2.563 (1)(b) Micro purchases, and Section 2.563 (1)(c) Piggyback and authorize the appropriate officials to execute same. (consent) 7.9 Reappoint John Thomas, Sr. to the Environmental Advisory Board with a term to expire October 31, 2025. (consent) Councilmember Allbritton moved to approve the Consent Agenda 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 Page 4 City of Clearwater City Council Meeting Minutes October 7, 2021 8.1 Approve the request from the owner of property addressed as 2975 Gulf to Bay Boulevard, Clearwater, to vacate a portion of Rogers Street Right-of-Way described as that certain portion of Rogers Street lying west of the east boundaries of Lots 2 and 17, Wm. Brown's Subdivision of Bayview, Florida, per map or plat thereof as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County of which Pinellas was formerly a part; and east of that portion of said Rogers Street vacated per Resolution 69-18 as recorded in Official Records Book 3095, Page 79, of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Records Book 6302, Page 1729 of the Public Records of Pinellas County, Florida, and pass Ordinance 9507-21 on first reading. The property owner at 2975 Gulf to Bay Boulevard, Clearwater, has requested the City vacate this remaining portion of Rogers Street within this platted subdivision. All abutting portions of Rogers Street Right-of-Way have been previously vacated. If vacated, the portion vesting in Applicant will be used as a private internal driveway for new apartments being constructed on the abutting property. The property south of Rogers Street, along the proposed vacation, is part of the development requesting this vacation. The City will reserve a utility easement to support existing and future utilities. City staff reviewed this vacation request and determined this Right-of-Way is not necessary for city needs and is in the best interest of the City to be vacated. Councilmember Beckman moved to approve the request from the owner of property addressed as 2975 Gulf to Bay Boulevard, Clearwater, to vacate a portion of Rogers Street Right-of-Way described as that certain portion of Rogers Street lying west of the east boundaries of Lots 2 and 17, Wm. Brown's Subdivision of Bayview, Florida, per map or plat thereof as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County of which Pinellas was formerly a part; and east of that portion of said Rogers Street vacated per Resolution 69-18 as recorded in Official Records Book 3095, Page 79, of the Public Records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City of Clearwater by deed recorded in Official Records Book 6302, Page 1729 of the Public Records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. Ordinance 9507-21 was presented and read by title only. Councilmember Bunker moved to pass Ordinance 9507-21 on first Page 5 City of Clearwater City Council Meeting Minutes October 7, 2021 reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9481-21 on second reading, annexing certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, together with certain Lake Forest Road right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9481-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9481-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.2 Adopt Ordinance 9482-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9482-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9482-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.3 Adopt Ordinance 9483-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property described as Lot 1, Hillcrest Estates First Addition, Clearwater, Florida, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9483-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9483-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Page 6 City of Clearwater City Council Meeting Minutes October 7, 2021 Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.4 Adopt Ordinance 9487-21 on second reading, amending Section 3-909.B of the Community Development Code by clarifying who may obtain outdoor cafe permits and that such permits expire on a yearly basis and require renewal; amending Section 3-909.0 to allow outdoor cafes to be located in adjacent streets if closed to vehicular traffic and authorized by the city; amending Section 3-909.D to require operators to maintain outdoor cafe areas in a neat and orderly appearance and amending Appendix A Schedule of Fees to establish a reduced renewal fee for outdoor cafe permits and deleting a duplicative and higher fee for outdoor cafe permits. Ordinance 9487-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9487-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.5 Adopt Ordinance 9488-21 on second reading, amending the Community Development Code by adding a new section 3-204 to allow for the keeping of chickens in certain residential zoning districts, providing standards for the keeping of chickens and associated accessory structures, and amending Section 8-102 to include definitions for chicken, chicken coop, and chicken run. One individual spoke in support. A concern was expressed that the ordinance, as written, does not include enough oversight. Ordinance 9488-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9488-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton Motion carried. Page 7 City of Clearwater City Council Meeting Minutes October 7, 2021 9.6 Adopt Ordinance 9489-21 on second reading, amending Section 8.04, Code of Ordinances, providing an exception from the general keeping of certain animals to allow for the keeping of chickens in certain residential zoning districts and amending Section 8.33 to clarify that it shall be unlawful to allow chickens to wander public streets or the property of another. Ordinance 9489-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9489-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Nays: 1 - Vice Mayor Hamilton Motion carried. 9.7 Adopt Ordinance 9490-21 on second reading, annexing certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9490-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9490-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.8 Adopt Ordinance 9491-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 - Regional Center (US 19-RC) and Water. Ordinance 9491-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9491-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Page 8 City of Clearwater City Council Meeting Minutes October 7, 2021 Councilmember Bunker and Councilmember Beckman 9.9 Adopt Ordinance 9492-21 on second reading, amending the Zoning Atlas of the city by zoning certain unaddressed real property located approximately 835 feet South of Gulf to Bay Boulevard between 2975 Gulf to Bay Boulevard and Old Tampa Bay in Clearwater, Florida 33759, upon annexation into the City of Clearwater, as US 19 (US 19) and Preservation (P). Ordinance 9492-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9492-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.10Adopt Ordinance 9493-21 on second reading, annexing certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 9493-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9493-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.11Adopt Ordinance 9494-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 9494-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9494-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman Page 9 City of Clearwater City Council Meeting Minutes October 7, 2021 9.12Adopt Ordinance 9495-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1729 Brentwood Drive, Clearwater, Florida 33756, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 9495-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9495-21 on second and final reading. The motion was dully seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.13Adopt Ordinance 9496-21 on second reading, vacating tow Drainage and Utility Easements as retained in that certain Ordinance No. 6879-01 of the City of Clearwater, Florida, as recorded in Official Records Book 11701, Page 1155, of the Public Records of Pinellas County, Florida. Ordinance 9496-21 was presented and read by title only. Councilmember Allbritton moved to adopt Ordinance 9496-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.14Adopt Ordinance 9500-21 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2021 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Gas Fund, Solid Waste and Recycling Funds, Marine Fund, Parking Fund, and Central Insurance Fund. Ordinance 9500-21 was presented and read by title only. Councilmember Beckman moved to adopt Ordinance 9500-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.15Adopt Ordinance 9501-21 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2021, to reflect a net increase of Page 10 City of Clearwater City Council Meeting Minutes October 7, 2021 $38,577,718. Ordinance 9501-21 was presented and read by title only. Councilmember Bunker moved to adopt Ordinance 9501-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 9.16Adopt Ordinance 9506-21 on second reading, vacating the East 6 feet of a platted 10 foot Drainage and Utility Easement, located along the West 10 fee of Lot 1, Rosetree Court, according to the plat thereof as recorded in Plat Book 79, Page 20, of the Public Records of Pinellas County, Florida. Ordinance 9506-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9506-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports 10.1Appoint two members to the Municipal Code Enforcement Board with terms to expire October 31, 2024 and appoint one member to fill the remainder of an unexpired term through October 31, 2022. APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Nicole Bray Page 11 City of Clearwater City Council Meeting Minutes October 7, 2021 MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 3 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS WHICH WILL BE EXPIRING AND ONE MEMBER RECENTLY RESIGNED. THEY NOW REQUIRE EITHER REAPPOINTMENT OR REPLACEMENT BY A NEW APPOINTEE: 1. Nicole Bray - 1608 Harvard St., 33755 - Business Owner Original Appointment: 11/05/20 (currently filling an unexpired term to expire 10/31/21) Interest in Reappointment: YES (1 Absence in the past year) 2. KerryAnn Fuller Rainey - 1108 Woodley Rd., 33764 - Real Estate Consultant Original Appointment: 12/05/19 (currently filling an unexpired term to expire 10/31/21) Interest in Reappointment: YES (3 Absences in the past year) 3. Steven G. Voras - 1101 Stevenson Ave., 33755 - Engineer Original Appointment: 8/5/21 (was appointed to fill unexpired term until 10/31/22) Resigned: 8/23/21 (Mr. Voras no longer wishes to serve on this board) THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Michael Bergeron -216 Kilmer Ave., 33765 - Retired Firefighter/Lost Property Control Specialist 2. Sarah L. Davis - 1922 Atlantis Drive, 33763 - Self Employed/Signature Graphics and Printing 3. Duane Schultz -2805 Chancery Ln., 33759 - Defense Contractor 4. James A. Staskiel - 1013 Eldorado Ave., 33767 - Retired Attorney/Construction Industry 5. Sheila Sullivan - 3043 Marlo Blvd., 33759 - Graduate Student 6. Robert (Bob) Kenne - 1469 Jacaranda Circle South, 33755 - General Contractor Zip codes of current members: 2 at 33755; 1 at 33756, 1 at 33764; 2 at 33767 Current Categories: 1 Business Owner 1 Civil Engineer 1 Production/Tour Manager 1 Real Estate Consultant Page 12 City of Clearwater City Council Meeting Minutes October 7, 2021 1 Real Estate Investor 1 RN, Artist, Business Owner Vice Mayor Hamilton moved to reappoint Nicole Bray and KerryAnn Fuller Rainey to the Municipal Code Enforcement Board with terms to expire October 31, 2024. The motion was duly seconded and carried unanimously. Councilmember Beckman moved to appoint Sarah Davis to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2022. The motion was duly seconded and carried unanimously. 10.2Amend Section 8.05 of the City Charter to provide for Ranked Choice Voting for city council elections, provide for a referendum to be held at the general election on March 15, 2022, and pass Ordinance 9512-21 on first reading. The City Council directed the City Attorney to draft an ordinance to amend the charter to allow for Ranked Choice Voting. Amending the charter to include Ranked Choice Voting ensures city officials are elected by a majority vote in an efficient and cost-effective process, fostering broad and diverse participation. Ranked Choice Voting (RCV) means a method of casting votes that stimulates the ballot counts which occurs when all voters participate in a series of runoff elections with one candidate eliminated after each round of counting. The RCV method of voting allows for voters to rank their candidates in order of preference. Ranked Choice Voting is not currently approved by the Secretary of State for use in Florida city elections. The proposed Charter amendments would become effective after approval of a majority of the city electors voting at the referendum election, the filing of the Amended Charter with the Secretary of State, and one year after state certification of a voting system capable of running a ranked choice election. The ordinance also calls for a referendum election to be held at the regular city election on March 15, 2022 for the consideration of the voters of the City of Clearwater. The City Attorney said, as discussed at the work session, the ordinance has been rewritten to say for the candidate with the fewest votes to be eliminated and the ballots to be recounted for the remaining candidates until one candidate remains with the majority of votes. Page 13 City of Clearwater City Council Meeting Minutes October 7, 2021 One individual spoke in opposition. In response to questions, the City Attorney said Council may lengthen a councilmember's term after voters approve a referendum to have a primary and runoff election. City Council is allowed to change the election date by statutes. She said normally the incumbent's term is extended until their replacement is elected. If the election is moved to odd years, the term extension will likely be 1.5 years. The City Clerk said that the Supervisor of Elections' Office has confirmed they would support an election that would coincide with the City of St. Petersburg's election process or coincide with the County's election process in the even years. The Supervisor of Elections' Office would not support a March election and a runoff election in June. Discussion ensued with comments made that the last election was an anomaly, that running a campaign during federal, state, and county elections make it more difficult for municipal candidates to fundraise, that the campaign process should be easier and less costly for candidates, and that pursuing a referendum when the voting method is not authorized in Florida is a waste of time. A concern was expressed that delaying action tonight was not necessary since Council knew in April that ranked choice voting was not implementable. It was stated that if the voting method is ever authorized by the State of Florida, the City can call for a referendum. The City Attorney said a sunset provision may be included in the charter amendment. She said it will take an affirmative action of going to court by someone to get a court to make a declaration that ranked choice voting is constitutional and then it will be an issue for the Secretary of State to approve the software. She said the State Legislature could prohibit ranked choice voting. If Sarasota does not move forward with litigation and the Clearwater does not get involved, there are not many individuals with standing. She said if Clearwater moved forward with the referendum, Council must prepare to move forward with litigation. Councilmember Bunker moved to not pass Ordinance 9512-21 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton and Councilmember Bunker Nays: 1 - Councilmember Beckman Motion carried. Page 14 City of Clearwater City Council Meeting Minutes October 7, 2021 11. City Attorney Reports — None. 12. Other Council Action 12.1 PSTA/Forward Pinellas Update - Councilmember Allbritton Councilmember Allbritton said the Pinellas Suncoast Transit Authority (PSTA) donated a bus to a local non-profit, Reach St. Pete, that will convert the bus to a mobile market. The mobile market is expected to make its debut in early 2022 and will travel to areas with residents who cannot go to a market. PSTA's millage rate will remain at .7500 mills. The PSTA Director of Maintenance and Finance presented a 5-year bus replacement plan that will phase the replacement of existing buses with electric buses. He said Forward Pinellas approved the TIP (Transportation Improvement Program). 13. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Beckman thanked all for attending and tuning in and encouraged all to check their voter registration cards. She said next Friday at midnight is the cutoff for the Clearwater 2045 Comp Plan Weigh-in survey and encouraged all to participate in it as it is important for land use and the future of our city. Councilmember Allbritton said Go Rays! Vice Mayor Hamilton said stone crab season starts next week and Go Rays! 14. Closing Comments by Mayor The Mayor said he visited The Oaks for Assisted Living Facilities Week where he got to visit with Duke Tieman who says hello to all. He congratulated Mr. & Mrs. Countryside, Brian Aungst, Jr., and Paula Juvinall. He said the Clearwater Historical Society has an interesting and fun series on historical restaurants in the city. He thanked Clearwater Fire, Clearwater Police, and the Pinellas County Sheriff's office for their participation in National Night Out. He thanked the Billheimers for the new tower at Mease Countryside Hospital. He encouraged all to get the vaccine. He said he hoped the community would come out for the Big Clean Up and for Jazz Holiday next week. Page 15 City of Clearwater City Council 15. Adjourn Meeting Minutes The meeting adjourned at 7:49 p.m. October 7, 2021 City of Clearwater ayor City of Clearwater Page 16