03/27/2023 City Council Meeting Minutes March 27, 2023
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
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Meeting Minutes
Monday, March 27, 2023
1 :30 PM
Special Meeting
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes March 27, 2023
Rollcall
Present: 4 - Vice Mayor Kathleen Beckman, Councilmember David Allbritton,
Councilmember Mark Bunker and Councilmember Lina Teixeira
Also Present: Jennifer Poirrier— Interim 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
The meeting was called to order at 1:30 p.m.
Vice Mayor Beckman thanked Council and staff for their ongoing
collaboration and thanked those in attendance and those who have
written or contacted her. She encouraged all to be engaged and
well-informed. She said Council and staff have and will continue to have
extreme focus on cost management. Energy cost savings helped lower
the millage last year and repair sidewalks after years of neglect. She said
the reserves are well funded, providing a safety net for unexpected costs
and long-term planning. Expect to see a balanced prudent budget as in
the past.
2. Citizens to be heard re items not on the agenda
Mr. Holuba believed a new city hall should have been a number one
priority, instead of$84 million park renovation and recommended the
City stop funding charities that are associated with the Police Chief. He
expressed concern with the estimated cost associated with a public
records request he made related to Vice Mayor's Newsletter email
distribution list.
Rudy Michalek said the city manager has a lot of items on her desk and
the community wants to be responsive to her needs and making sure she
has the support of the Council in terms of direction. He said the work
sessions provide an opportunity for Council to provide direction on where
the City needs go.
Mike Riordon expressed concerns with divulging email addresses via a
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City Council Meeting Minutes March 27, 2023
public records request.
Marita Lynch reminded everyone that a few years ago a referendum
question was placed before Clearwater voters regarding implementing
a strong-mayor form of government and the people voted it down. She
said the citizens do not want a mayoral centric government.
3. City Attorney Reports
3.1 Discuss and potentially appoint an individual to fill the vacancy in Council Seat 1 (Mayor)
Due to the Mayor's resignation on March 21, 2023, the City Council will discuss
next steps to fill the vacancy.
Per City Charter, Section 2.07(c), Council should fill the vacancy by majority
vote within 30 days after the vacancy. The appointed individual shall possess all
the qualifications required of a councilmember by law and shall serve until the
next regular or special election.
If a special election becomes necessary for any reason, the Pinellas County
Supervisor of Elections has confirmed that they can hold a special municipal
election as early as November 7, 2023, and the cost will be approximately
$166,526.84. The special election, if one becomes necessary, would fill the
seat until the results are certified from the March 2024 municipal election.
14 individuals supported appointing Vice Mayor Beckman as mayor.
Ten individuals supported appointing Brian Aungst, Sr. as mayor.
One individual supported the will of Council, as they would support either
Vice Mayor Beckman or Brian Aungst, Sr. as mayor.
One individual supported a special election.
Discussion ensued with comments made that the individual appointed
should have experience in the position and should be dedicated to the
community. Support was expressed to appoint Vice Mayor Beckman as
mayor. A comment was made that appointing a member of Council to the
position would be the most prudent thing to do and that in this form of
government previous mayoral experience is not necessary.
The City Attorney said when he learned there was some interest in
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City Council Meeting Minutes March 27, 2023
appointing Mr. Aungst, Sr., he started thinking about how to navigate the
ethics issues as it relates to his son's involvement with various real estate
deals in the city. Brian Aungst, Jr. represents a wide array of property
owners and developers. In the event Mr. Aungst, Sr. is appointed mayor,
both have assured him that 1) public recusal from any matters involving
McFarland Ferguson Law Firm (under the ethics provisions in Florida
Statutes) and 2) there will be no behind the scenes direction, interaction,
or instruction relating to Mr. Aungst, Jr.'s client. He said Mr. Aungst, Sr.
has indicated he does not intend to seek reelection in 2024, there is no
charter or legal requirement that a person refrain from reelection. The
City Attorney said he has confirmed, in writing, that Mr. Aungst, Sr. will not
seek reelection in March 2024. Mr. Aungst, Jr. has indicated that he will
not participate in the March 2024 municipal election (i.e.,fundraising, political
expenditures, political committee, etc.). Any matters presented to City
Council involving the MacFarland Ferguson Law Firm, Mr. Aungst, Jr. would
have to recuse himself from the vote, another lawyer from the law firm would
have to handle the case.
In response to questions, the City Attorney said although not legally
binding, Mr. Aungst, Sr. has committed in writing that he would not run for
reelection. The City Clerk said Kathy Flaherty sent Council emails
expressing an interest in the appointment.
The City Attorney said the City Clerk will coordinate the swearing-in date
with Mr. Aungst for some time after April 4, 2023.
Councilmember Allbritton moved to appoint Brian Aungst, Sr. as
mayor. The motion was duly seconded and carried unanimously.
4. City Manager Reports
The City Manager said the project list that was discussed at the strategic
planning session was a priority list, not a budget list or an approved
deficit to operate from. The list was a total estimated cost of projects that
have not been fully vetted. She said the list included projects that are not
funded through the general fund. She said the $49 million ADA
Transition Plan did not include any of the work that has already been
done. The projects will be vetted through staff as part of the budget
process.
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City of Clearwater
City Council
5. Adjourn
Meeting Minutes March 27, 2023
The meeting adjourned at 3:10 p.m.
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City of Clearwater