01/19/2022 - Civil Citation Appeal HearingsPresent:
CIVIL CITATION APPEAL HEARINGS
CITY OF CLEARWATER
JANUARY 19, 2022
Nancy Mag
Melissa Isabel
Ryan McMullen
Nicole Sprague
Special Magistrate
Senior Assistant City Attorney
Police Officer
Deputy City Clerk
The meeting was called to order at 1:00 p.m. in Council Chambers at the Main Library
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
3. Citizens to be Heard Regarding Items Not on the Agenda: None.
4. New Business
4.1 Case CW21-108906 — Violation of Code for Prohibited Mooring: Respondent Marcus
Garrett.
Officer McMullen said on September 2, 2021 a derelict vessel was reported in the
waterway west of Spring Ct., east of the Intra Coastal Waterway, approximately 50 yards from
the seawall. The vessel was identified as "Tinossip 11" out of Battlecreek, MI. He said the
vessel is in derelict condition and is canting on its port side and sitting on the sea floor; the
vessel has been left and stored in the waterways within the City of Clearwater. The vessel is
stuck aground and is unable to excavate itself without assistance. Depending on the tide, the
vessel is either laying on dry ground or sitting on the submerged bottom in just inches of water.
The owner of the vessel was identified by the United States Coast Guard as Marcus Garrett
who was contacted by phone by the Florida Fish and Wildlife Conservation Commission and Mr.
Garrett confirmed owning the vessel during that call. Mr. Garrett advised he would remove the
vessel the next day during high tide and explained that there were mechanical issues, and the
vessel would not move without assistance from another vessel. The vessel remained in the
same state in the same location 2 days later and Mr. Garrett was contacted again who said he
missed the high tide and would remove it as soon as possible. On September 17, 2021, the
vessel was observed in the same location and a five-day removal sticker was placed on the
vessel. On September 30, 2021, the vessel had still not been removed and a civil citation was
issued. A photograph of the vessel was taken on January 15, 2022, showing it had not been
moved.
Marcus Garrett said while moving the vessel to Tarpon Springs, he encountered
mechanical issues and had to leave it with 2 anchors. He said a storm came through and broke
both anchor lines and that is how the vessel ended up in its current location. He said he did not
know the vessel had a five-day removal sticker because he approached the vessel from the
City of Clearwater Civil Citation 2022-01-19
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opposite side each time he went out to work on moving it. He said he needs deeper water to be
able to move it as the props are sitting on the bottom. He has since fixed the mechanical issue
and he pumped fuel off the vessel per the Coast Guard instructions. He claimed that the water
never got deep enough in that location to move it despite what the tide charts showed as the
depth during high tide. Mr. Garrett expressed concerns about destruction to the vessel if it gets
dragged or towed out. Officer McMullen stated the sea floor is soft and sandy in that area.
Based on the evidence and testimony given, the Magistrate granted Mr. Garrett until
February 1, 2022, to remove the vessel or it will be declared derelict under City of Clearwater
code Article VII Sec 33.055 and award the City fees and costs of $8, 000.00 for the vessel
removal, $145.70 for investigative costs, $150.00 for administrative fees totaling $8295.70.
5. Adjourn
The meeting was adjourned at 1:30 p.m.
Attest:
yr
al Magis
Deputy City Clerk
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