11/03/2022 City Council Meeting Minutes November 3, 2022
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Thursday, November 3, 2022
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes November 3, 2022
Roll Call
Present: 5 - Mayor Frank Hibbard, Vice Mayor Kathleen Beckman,
Councilmember David Allbritton, Councilmember Mark Bunker and
Councilmember Lina Teixeira
Also Present: Jon Jennings — City Manager, Jennifer Poirrier—Assistant City
Manager, Michael Delk—Assistant City Manager, David Margolis —
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 Bob Swick from St. Francis of Assisi Old Catholic Church
3. Pledge of Allegiance
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 National Veterans Small Business Week Proclamation, October 31, 2022 through
November 4, 2022 - Chris Odgers, Greater Tampa Bay Chapter of the Florida
Association of Veteran Owned Businesses, Legislative Affairs Chairman
4.2 Veterans Day 2022 Proclamation, November 11, 2022 - Father Bob Swick
4.3 Library Board Annual Presentation - Donna Dennis, Chair
Chair Donna Dennis reviewed library programming implemented during the
past year, encouraged all to tour the resources available at Clearwater
libraries, and thanked the Council for their continued support.
4.4 Environmental Advisory Board Annual Presentation - Jared Leone, Chair
Chair Jared Leone reviewed the Board's accomplishments for the past year
and Board Member Marita Lynch provided a PowerPoint presentation on the
Ready for 100 Plan.
Staff was directed to schedule a council discussion regarding the Ready for
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City Council Meeting Minutes November 3, 2022
100 Plan at a future meeting.
4.5 State of the City Presentation - Jon Jennings, City Manager
The City Manager provided a PowerPoint presentation.
Councilmember Bunker departed Chambers at 6:39 p.m. and returned at
6:42 p.m.
5. Approval of Minutes
5.1 Approve the minutes of the October 20, 2022 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
October 20, 2022 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
Marilyn Turman said the 7th annual Community Family Fun Night held
on October 29 was a success. She thanked all of the volunteers for their
time and efforts and thanked the City for co-sponsoring the event.
Theresa Bromm-Boesen said she is an artist who teaches basket weaving
through Clearwater's Public Library System and supported allocating city
ARPA funds to support individuals who promote the arts and art
education in Clearwater.
Mark Birenbaum opposed the proposed charter school at Nursery
Road and expressed concerns with the public notice provided to the
public.
Michael Dalton opposed the proposed charter school at Nursery Road
and expressed concerns with the anticipated increase in vehicular traffic.
Melina Korovessi, Glenna Wentworth, and Dawn Conti supported Ready
for 100 and encouraged the City to adopt the plan.
James Jackson opposed the proposed charter school at Nursery Road.
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City Council Meeting Minutes November 3, 2022
Mr. Holuba expressed concerns with the number of internal affairs cases
listed on the Clearwater Police Department's website and the off duty
conduct and public image of Clearwater Police Officers.
7. Consent Agenda — Approved as submitted.
7.1 Approve the first addendum to the collective bargaining agreement as negotiated
between the City of Clearwater and Fraternal Order of Police Officers Bargaining Unit for
Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent)
7.2 Approve the second addendum to the collective bargaining agreement as negotiated
between the City of Clearwater and Communication Workers of America, Local 3179 for
Fiscal Year 2022/2023 and authorize the appropriate officials to execute same. (consent)
7.3 Authorize purchase orders to Average Joe Landscape LLC, Botanical Dimensions, Inc.,
J and J Diversified dba Diversified Landscape Maintenance, Earth Designs, and MMM
Property Maintenance and Lawn LLC for citywide landscaping services in the cumulative
not-to-exceed amount of$803,000.00 for the 11-month term beginning November 1,
2022 through September 30, 2023, based on an annual cumulative not-to-exceed amount
of$876,000.00 with the option for two one-year term extensions pursuant to Invitation to
Bid 35-22, Landscaping Maintenance Services, and authorize the appropriate officials to
execute same. (consent)
7.4 Approve Production Sponsorship Agreement, from November 3, 2022 through March 1,
2025, with ESPN Production, Inc. to host three college women's softball events at the
Eddie C. Moore Softball Complex with renewal options and authorize the appropriate
officials to execute same. (consent)
7.5 Approve a proposal by Construction Manager at Risk Khors Construction Inc., of Pinellas
Park Florida, in the amount of$536,486.37, for renovations and structural repairs at
BayCare Ballpark, and authorize the appropriate officials to execute same. (consent)
7.6 Approve a purchase order to American Mulch and Soil, LLC of Spring Hill, Florida, for
mechanically blown-in mulch services in the total annual not to exceed amount of
$150,000.00 for one year with two, one-year renewal options, pursuant to Invitation to Bid
20-22R, and authorize the appropriate officials to execute same. (consent)
7.7 Accept a 20-foot by 20-foot Utility Easement from Crown Castle GT Company, LLC, for
installation, repair, maintenance, and replacement of sewer lines and drainage lines on
real property located at 1600 S Myrtle Avenue and authorize the appropriate officials to
execute same. (consent)
7.8 Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software
maintenance in a not-to-exceed amount of$167,264.27 for a one-year term pursuant to
Clearwater Code of Ordinances Section 2.563 (1)(a), single source, and authorize the
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appropriate officials to execute same. (consent)
7.9 Authorize purchase orders to Core and Main LP of St. Louis, MO, Fortiline, Inc. of Dallas,
TX and Ferguson Enterprises, LLC dba Ferguson Waterworks of Tampa, FL for the
supply of service brass and brass valves in the cumulative annual not-to-exceed amount
of$200,000.00 with the option of two, one-year renewals pursuant to Invitation to Bid
(ITB) 45-22, Service Brass and Brass Valves, and authorize the appropriate officials to
execute same. (consent)
7.10Authorize purchase orders to Building Maintenance Services Inc, CleanSpace Inc, High
Sources Inc, J and J Holdings and Services LLC, and Xtremely Clean Janitorial Services
LLC, for citywide custodial services in the cumulative not-to-exceed amount of$687,500
for the 11-month term, from November 1, 2022 through September 30, 2023, based on
an annual cumulative not-to-exceed amount of$750,000; with the option for three one-1
year term extensions pursuant to Invitation to Bid 36-22, Citywide Custodial Services, and
authorize the appropriate officials to execute same. (consent)
7.11Authorize a purchase order to Florida Kenworth, LLC for the purchase of a 2023
Kenworth T380 with Peterson TL3 Grapple Loader in the amount of$284,677.57
pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback, and
Section 2.563(1)(d), Non-competitive purchase, and authorize the appropriate officials to
execute same. (consent)
7.12Appoint Indira Yengera to the Sister Cities Advisory Board, as the Youth Member, for an
unexpired term through October 31, 2024. (consent)
7.13Reappoint Caitlein Jammo to the Clearwater Housing Authority Board with term to expire
September 30, 2026. (consent)
7.14Request for authority to initiate foreclosure actions on behalf of the City to recover
amounts owed on municipal liens imposed against certain real property. (consent)
7.15Approve settlement of general liability claim 22000020 to Kevin Robinson in the amount
of$200,000, inclusive of attorney's fees and other costs with a general release of all
claims, and authorize the appropriate officials to execute same. (consent)
7.16Expend funds that support relief and recovery efforts in the North Greenwood Community
Redevelopment Agency area prior to the establishment of the trust fund, approve grant
funding processes for affordable housing, non-profit, Pinellas Community Foundation and
education grants, and allocate the interest earned on ARPA funds towards the affordable
housing, non-profit, and education grants after covering the City's administrative costs
associated with the grant programs. (consent)
Vice Mayor Beckman moved to approve the Consent Agenda as
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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 formerly used as city right-of-way located in Section
17, Township 29 South, Range 16 East for the purpose of sale to an abutting property to
support meaningful development through proposed Invitation to Bid 01-23, more
specifically, declaring a 10-foot strip of land, deeded to the City of Clearwater, located on
Rogers Street, Clearwater, as recorded in Official Records Book 6302, Page 1729,
together with a 20-foot strip of vacated right-of-way which title became vested in the City
of Clearwater as a result of Ordinance 9507-21, recorded in Official Records Book
21781, Page 2617, of the Public Records of Pinellas County, Florida, and authorize the
appropriate officials to execute same. (APH)
On August 5, 1985, the City of Clearwater acquired the fee simple ownership of
a 10-foot strip of land for Rogers Street right-of-way abutting existing Rogers
Street 40-foot right-of-way. The existing 40-foot right-of-way was vacated by
Ordinance 9507-21 on October 21, 2021. The City expressly reserved fee
ownership of the north 20 feet of vacated right-of-way included in the total
30-foot strip to be declared surplus.
The appraised value of the combined 30-foot strip, an uneconomic remainder,
has been determined by James Millspaugh & Associates, Inc., to be Ten
Thousand Dollars ($10,000.00). Per City Charter 2.01, real property declared
surplus shall be sold to the party submitting the highest competitive bid above
the appraised value whose bid meets the terms set by the Council and whose
proposed use of the property is in accordance with the Council's stated purpose
for declaring the property surplus.
The appraised value is the dollar amount that city management recommends
council set the minimum required bid for a successful bidder to exceed in the
Invitation to Bid.
In the vacation ordinance, the City expressly reserved a utility easement for the
installation and maintenance of any and all public utilities under, over, across
and through the entire 30-foot strip described in Exhibit A.
City management supports declaring the property surplus for the purpose of
sale through Invitation to Bid.
Councilmember Bunker moved to declare surplus certain real
property formerly used as city right-of-way located in Section 17,
Township 29 South, Range 16 East for the purpose of sale to an
abutting property to support meaningful development through
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proposed Invitation to Bid 01-23, more specifically, declaring a
10-foot strip of land, deeded to the City of Clearwater, located on
Rogers Street, Clearwater, as recorded in Official Records Book
6302, Page 1729, together with a 20-foot strip of vacated
right-of-way which title became vested in the City of Clearwater as a
result of Ordinance 9507-21, recorded in Official Records Book
21781, Page 2617, of the Public Records of Pinellas County, Florida,
and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
8.2 Declare as surplus, certain real property identified as a portion of parcel number
22-29-15-29247-000-0020 at 1498 South Martin Luther King Jr. Avenue, which is legally
described as a portion of Lot 2, Foundation Oaks, according to the Plat thereof as
recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida and the
south 100 feet of the east 100 feet of the tract of land described in Exhibit A of the lease
for the purpose of amendment to the Business Lease Contract for Community Dental
Clinic, providing for two successive two-year extensions and authorize the appropriate
officials to execute same. (APH)
The city-owned property is described as that certain portion of the building
located at 1498 South Martin Luther King Jr. Avenue, containing 3354 SF, more
or less, of interior floor area measured to the unfinished surfaces of its
perimeter walls. It is currently being leased by Community Dental Clinic and
being used as a community dental clinic.
The City entered a Business Lease Contract with Community Dental Clinic for a
period of five years on February 26, 2013. The lease allowed for one option to
request an extension of the term of the lease for one successive five-year
period which was exercised and terminates on February 26, 2023. Community
Dental Clinic has requested a lease amendment to allow two successive
extensions for a period of two years each, amending the term to potentially end
February 26, 2027.
The lease amendment is contingent upon the declaration of the city property as
surplus.
Councilmember Teixeira moved to declare as surplus, certain real
property identified as a portion of parcel number
22-29-15-29247-000-0020 at 1498 South Martin Luther King Jr.
Avenue, which is legally described as a portion of Lot 2, Foundation
Oaks, according to the Plat thereof as recorded in Plat Book 118,
Page 85, Public Records of Pinellas County, Florida and the south
100 feet of the east 100 feet of the tract of land described in Exhibit A
of the lease for the purpose of amendment to the Business Lease
Contract for Community Dental Clinic, providing for two successive
two-year extensions and authorize the appropriate officials to
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execute same. The motion was duly seconded and carried
unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9634-22 on second reading, amending the Code of Ordinances
Chapter 2, Article V., Division 3, Employees' Pension Plan, to re-establish a cost-of-living
benefit for firefighters; amending section 2.421 relating to cost-of-living adjustments for
firefighters.
Ordinance 9634-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9634-22 on
second and final reading. The motion was duly seconded and upon
roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
9.2 Adopt Ordinance 9636-22 on second reading, vacating the 5-foot-wide platted utility
easement on the south property line of Lot 45, and the west half of Lot 44 along with the
abutting 5-foot-wide platted utility easement on the north property line of Lots 8,7,6, 207
and the west half of Lot 21, located in Hibiscus Gardens, Block O, according to the map
or plat thereof as recorded in Plat Book 14, Pages 55-59 of the public records of Pinellas
County, Florida.
Ordinance 9636-22 was presented and read by title only. Vice Mayor
Beckman moved to adopt Ordinance 9636-22 on second and final
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
10. City Manager Reports
10.1Amend Clearwater Code of Ordinances Sections 2.412, 2.416, and 2.419 to increase
the multiplier and reduce the vesting period for non-hazardous employees and pass
Ordinance 9620-22 on first reading.
In 2012, Pension Fund changes were collectively bargained between the City
and the labor unions. The agreed upon changes were ratified by the unions, and
subsequently approved by City Council and were presented to the citizens of
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Clearwater through a public referendum. The applicable changes to the Pension
Fund applied to the non-hazardous employees who were not eligible to retire as
of the effective date of the ordinance (January 1, 2013). Those changes
included:
1. The employees' pension benefit multiplier was decreased from 2.75% to 2%.
2. The annual 1.5% COLA was delayed by five years on all pensionable
earnings for years of service after the effective date of the restated ordinance
(January 1, 2013).
In 2022, as a result of review of market with regard to pay and benefits, staff
began collectively bargaining changes to the Pension Fund for CWA Local 3179
(CWA) and non-hazardous duty FOP employees. As of October 2022, the City
and CWA, and the City and FOP, reached tentative agreements which provide
for the following changes to the Pension Fund:
1. The pension benefit multiplier for non-hazardous duty employees would
increase from 2% to 2.5%.
2. The vesting period for non-hazardous duty employees would be reduced
from ten years to five years.
These proposed pension benefit changes have been estimated by the City's
actuary to cost the City approximately $570,000 in the first year after
implementation and approximately $52 million over the next 30 years, equivalent
to a discounted present value cost of$19 million.
The Fund's actuary has provided the estimated cost for the proposed changes,
but the City also is required to have the actuary complete an actuarial impact
statement for the State Division of Retirement; this requirement is attached.
On August 31, 2022, the CWA ratified the proposed changes as stated herein,
and on October 10, 2022, the FOP ratified the same changes. As participants in
the non-hazardous pension plan, non-represented SAMP employees will
receive the same updated pension benefits.
Since the proposed changes have been mutually agreed upon, a referendum is
not required to implement.
APPROPRIATION CODE AND AMOUNT:
A future budget amendment may be required in FY 2022/2023 to cover
increases related to the pension plan adjustments.
Ordinance 9620-22 was presented and read by title only.
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Councilmember Bunker moved to amend Clearwater Code of
Ordinances Sections 2.412, 2.416, and 2.419 to increase the
multiplier and reduce the vesting period for non-hazardous
employees and pass Ordinance 9620-22 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Vice Mayor Beckman, Councilmember Allbritton,
Councilmember Bunker and Councilmember Teixeira
10.2Amend City Council Policies 1-5, 1-9, 5-12, 5-13 and delete 1-7, 1-8, 3-7, 4-2, 5-2, 5-3,
5-5, 5-6, 5-8, 5-9, 5-14, 6-1, 6-2, 6-4, 6-5, 6-6, 6-7, 6-8, 8-1, and 8-2.
Amend the City Council Policies as follows:
Policy 1-5 - Input from Advisory Boards. Councilmembers will agenda
discussion items that require advisory board action and provide staff direction if
there is council consensus. Staff will assure that input from adviser y hoards
regarding issuesssios --ming before the Gity CO moil is noted in the City Ge moil's
agenda
Items
Policy 1-9 - Representative Balance. When making appointments to a board,
the City Council will strive to ase ensure the board has a balance of race,
gender and geographical area of the City represented.
Policy 5-12 - Special Event Street Closure Limitation. Street closures for
special events shall be limited to two (2) per calendar year requested by any
one non-profit or for-profit organization. The City Manager may authorize
additional closures. The City of Clearwater and council approved Co-Sponsored
events shall be exempt from this limitation. The City shall comply with any
Florida Department of Transportation policies regarding street closures of state
roads.
Policy 5-13 - Stationery. The City shall have letterhead designed by Public
Communications on which the Qgi seal will be imprinted to be used for official
city business. Paper stock will be recyclable. Other forms in supply will be
allowed to be used until said supply is depleted. The Vice-Mayor designation will
not be identified on any of the shirts, business cards, letterhead, or nametags
with the City of Clearwater. Exception: The Gas Division may use its logo.
Staff is recommending deleting the following policies as they are currently
codified in city code, Florida Statutes, or handled as a department policy:
1-7 Letterhead -Advisory Boards are not currently issued letterhead.
1-8 Non-Board Business Functions - State law addresses Sunshine Law
violations.
3-7 Information Available to the Public and Press - Information not available
online is provided in adherence to public records law.
5-2 Block Party Insurance Requirement - More appropriate as department policy
(Risk).
5-3 Bright and Beautiful - This is a function of the budget process and the
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strategic plan.
5-5 City Sponsored Events - More appropriate as department policy (Finance).
5-6 Copyright Fees -ASCAP sets fees.
5-8 Economic Incentive Policy - More appropriate as a department policy
(Economic Development & Housing).
5-9 Fire Lanes - More appropriate as a department policy (Police Department).
5-14 Welcome Letters - More appropriate as a department policy. Planning &
Development mails welcome letters to all annexed properties.
6-1 Annexation Agreements - Codified in the Community Development Code.
6-2 Brick Streets - More appropriate as a department policy. Engineering is
tasked with implementing policy.
6-4 Landscaping City Roads - Codified in the Community Development Code.
6-5 New Sidewalks - More appropriate as a department policy (Engineering).
6-6 Parks & Recreation Card to Annexing Property - Individuals should receive a
Parks & Recreation card after their petition for annexation has been approved
and the property is officially located within city limits, not upon acceptance of the
annexation application.
6-7 Petitions for Annexation - Codified in the Community Development Code.
6-8 Subdivision Monuments - Codified in the Community Development Code
8-1 Ages 12-13 Supervised Use of City Recreation Fitness Facilities - More
appropriate as a department policy (Parks & Recreation).
8-2 Amplification of Sound at City Venues - Codified in the Community
Development Code.
One eComment in opposition was read into the record by the City Clerk
(see page 15).
Councilmember Teixeira moved to amend City Council Policies 1-3,
1-5, 1-9, 3-11, 5-12, 5-13 and delete 1-7, 1-8, 3-7, 5-2, 5-3, 5-5, 5-6, 5-8,
5-9, 5-11, 5-14, 6-1, 6-2, 6-4, 6-5, 6-6, 6-7, 6-8, 8-1, and 8-2. The motion
was duly seconded and carried unanimously.
10.3CIearwater Gas System/City Sponsorships
In response to questions, Clearwater Gas System Interim Director Brian
Langille said the total allocation for the Clearwater Gas System's
sponsorships is within the city manager's authority. The City Manager
requested staff to share the sponsorship list with Council for transparency
and allow Council to review the sponsorships CGS would not fund for
potential city sponsorships.
In response to a concern regarding how discussion items at a work
session are voted on at the council meeting, the City Attorney said he saw
no legal issue how the agenda item is categorized. He said it would be a
good discussion for Council to identify how they wish agenda items to be
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presented. The City Clerk said historically the City Manager has placed
items on the work session under City Manager Verbal Reports that were
title only. Any action or direction by Council would be based by the
discussion held. She said City Attorney Verbal Reports in the past have
been handled in the same manner. The City Manager said when he asks
Council for guidance and there is no unanimity, he will ask for a vote from
Council. He said the sponsorships are recommendations for Council to
consider adding within the context of the established budget.
Discussion ensued with comments made that CGS eliminated
sponsorships that did not fit well and Council may include those
sponsorships as a line item in Council's budget.
Suggestions were made that all agenda items include a recommended
action in the legislative text and that Clearwater Gas System, moving
forward, set their sponsorship and advertising budget to be in-line with other
municipally-owned utilities.
In response to questions, Mr. Langille said sponsorship opportunities are
provided to non-profits or entities that provide value and visibility to the
Clearwater Gas System. Most of the sponsorship requests are received
at the beginning of the fiscal year. The City Attorney said there are few
legal restrictions on the ability to do sponsorships and advertising. As an
enterprise fund, CGS has every right to advertise. He did not recommend
CGS use funds to sponsor events outside of the service area. The City
Manager said CGS sponsorships support marketing and advertising in
an effort to reach potential customers. The sponsorships are not grants.
The long-standing sponsorships that did not benefit CGS in the
acquisition of new customers were moved to a line item in Council's
budget, which will be part of the overall general fund budget next year.
He said Council can increase the line item and determine which
organizations are funded. Finance Director Jay Ravins said it is Council's
purview to choose which non-profits or charitable organizations are
funded with taxpayer dollars.
Councilmember Allbritton moved to amend Item 10.3 amending the
council budget to $66,350 to include the Chi Chi Rodriguez Youth
Foundation Inc sponsorship ($2,750). The motion was duly
seconded and carried unanimously.
Councilmember Allbritton moved to approve Item 10.3, as amended.
The motion was duly seconded and carried unanimously.
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11. City Attorney Reports — None.
12. Closing comments by Councilmembers (limited to 3 minutes)
November 3, 2022
Councilmember Teixeira said it has been a busy couple of weeks getting
information out the public regarding the referendum. She said she spent
time with fire department personnel and enjoyed going on calls and eating a
meal with them. She said Salsa night was a fantastic event and she enjoyed
the folklore, dance, and music.
Councilmember Bunker encouraged all to vote yes on the referendum.
Vice Mayor Beckman said she has been enjoying all the Halloween
festivities and said there are more events planned. She said a couple
neighborhoods would be painting or refreshing their street murals. She
encouraged all to vote.
Councilmember Allbritton begged all to vote yes on the referendum.
13. Closing Comments by Mayor
14. Adjourn
Attest
City Clerk
City of Clearwater
Mayor Hibbard reviewed recent and upcoming events. He provided Council
with a copy of a form he prepared for the upcoming evaluations.
The meeting adjourned at 8:33 p.m.
J.04.0 10-4,
Mayor
City of Clearwater
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