09/17/2026 City Council Meeting Minutes September 17, 2026
City of Clearwater
Main Library- Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, September 17, 2026
6:00 PM
Main Library - Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes September 17, 2026
Roll Call
Present: 5 - Mayor Bruce Rector, Vice Mayor Ryan Cotton, Councilmember David
Allbritton, Councilmember Lina Teixeira and Councilmember Michael
Mannino
Also Present: Jennifer Poirrier— City Manager, Daniel Slaughter—Assistant City
Manager, Al Battle —Assistant City Manager, Owen Kohler— 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 Rector
The meeting was called to order at 6:00 p.m.
2. Invocation — Mayor Rector
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 Constitution Week Proclamation - Regent Sharon Jank, Clearwater Chapter DAR and
Dwight McEntire, Clearwater Chapter SAR
4.2 Find the Good Day 2026 Proclamation, September 17, 2026 - Malena Allison, Junior
League of Clearwater-Dunedin, President
4.3 Annual report detailing the results of all red-light cameras (traffic infraction detectors)
within the city of Clearwater, in accordance with the July 2024 legislative changes to
Florida State Statute 316.0083 -- Mark Wandall Traffic Safety Program.
As part of the city of Clearwater's Traffic Safety Improvement Program, red-light
cameras were installed at two intersections to reduce the occurrence of
red-light-running crashes and the injuries or fatalities associated with these
incidents.
The city of Clearwater identified two intersections with elevated rates of red-light
violations and related crashes, based on data from 2009 and 2010. Initially,
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Redflex Inc. managed the program.
In June 2021, following the completion of an acquisition, Redflex Inc. became a
wholly owned subsidiary of Verra Mobility.
The "warning" and "public education" campaign began July 1, 2012, and
concluded July 30, 2012.
The "notice of violation" period began July 31, 2012, at 12:01 a.m.
On January 18, 2024, city council members approved a five-year renewal
agreement with Verra Mobility for red-light cameras.
The day-to-day operations of the program are handled by a part-time/permanent
police service technician (PST).
Under the program, the Clearwater Police Department monitors red-light
cameras at the following intersections:
• Gulf to Bay Boulevard and Belcher Road - eastbound and
westbound
• Fort Harrison Avenue and Chestnut Street - eastbound
In July 2024, the Legislature revised reporting requirements under Florida State
Statute 316.0083 - the Mark Wandall Traffic Safety Program. Municipalities
must prepare an annual report of the results of all red-light cameras (traffic
infraction detectors) that must be placed on the agenda.
The summary report includes data gathered by the city, in conjunction with its
red-light camera vendor, Verra Mobility, during the reporting period of July 1,
2025 through June 30, 2026.
STRATEGIC PRIORITY:
High Performing Government, specifically strategic objective 1.4 to foster safe
and healthy communities in Clearwater through first-class public safety and
emergency response services.
Sgt. Kevin Klein provided a PowerPoint presentation.
5. Approval of Minutes
5.1 Approve the minutes of the August 31, 2026 City Council meeting as submitted in written
summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
August 31, 2026 City Council meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
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carried unanimously.
Public Hearings - Not before 6:00 PM
6. Administrative Public Hearings
6.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District
for 1209 Canterbury Road and pass Ordinances 9926-26, 9927-26, and 9928-26 on first
reading. (ANX2026-06009)
This voluntary annexation petition involves a 0.20-acre property consisting of
one parcel of land occupied by a detached dwelling. The property is located on
the east side of Canterbury Road on the southeast corner of Canterbury Road
and Burnice Drive. The applicant is requesting annexation in order to receive
sanitary sewer and solid waste service from the City. The property is located
within an enclave and is contiguous to existing city boundaries to the north and
south. The property is proposed to be assigned a Future Land Use Map
designation of Residential Low (RL) and a Zoning Atlas designation of Low
Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The city has adequate capacity to serve this property with sanitary
sewer, solid waste, police, fire and EMS service. The property currently
receives water service from the city of Clearwater. The closest sanitary
sewer line is located in the adjacent Burnice Drive right-of-way. The
applicant has paid the city's sewer impact and assessment fees and is
aware of the additional costs to extend city sewer service to this
property. Collection of solid waste will be provided by the city of
Clearwater. The property is located within Police District III and service
will be administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station #47 located at 677 S. Hercules
Avenue. Therefore, the proposed annexation will not have an adverse
effect on public services and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objective and policy of Clearwater 2045, the city's Comprehensive Plan:
Objective PI 9.1 Continue to work with Pinellas County in the orderly
annexation of the city's existing enclaves.
Policy PI 9.1.2 Continue to process voluntary annexations for
single-family residential properties upon request.
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• The proposed Residential Low (RL) Future Land Use Map designation is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 5.0
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The
use of the subject property is consistent with the uses allowed in the
District and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the city's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
STRATEGIC PRIORITY:
This annexation petition supports the Deliver Effective and Efficient Services by
Optimizing City Assets and Resources goal of the city's Strategic Plan by
reducing enclaves and delivering city services to properties within the city's
service boundary. This petition also supports Ensure Exceptional Communities
and Neighborhoods Where Everyone Can Thrive goal by better unifying
neighborhoods and reducing issues with multiple jurisdictions.
Ordinances 9926-26, 9927-26, and 9928-26 were presented and
read by title only.
Councilmember Mannino moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1209 Canterbury Road and pass
Ordinances 9926-26, 9927-26, and 9928-26 on first reading. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Cotton, Councilmember Allbritton,
Councilmember Teixeira and Councilmember Mannino
6.2 Approve a rights-of-way vacation request from Myrtle Development LLC for city
rights-of-way and alleyway more particularly described as those portions of Laura Street,
a 15 ft. platted alley, and North Street, also known as Grove Street, lying east of East
Street, also known as East Avenue and abutting blocks 14, 15, and 16, in Gould and
Ewing's 2nd Addition according to the plat thereof as recorded in Plat Book 1, Page 52
of the Public Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part and pass Ordinance 9908-26 on first reading.
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On April 17, 2026, the Church of Scientology Flag Service Organization,
through its affiliated development entity Myrtle Development LLC, applied
to vacate a portion of Laura St, a 15 ft. platted alley, and Grove St.
Grove Street and the 15 ft. platted alley are currently unused.
Laura Street is currently open to vehicular traffic and has free public
parking.
A city-owned property, addressed as 103 N East Ave, as an abutting
property, will be affected by this proposed vacation, increasing the parcel
size with the addition of 3,250 square feet of land included in half of the 15
ft. platted alley on the south, and half of the Grove St. right-of-way on the
north.
A multi-departmental internal review was completed on August 31, 2026
and is included as an attachment to this agenda item.
The Applicant seeks to vacate these rights-of-way for the development of
the EVO Entertainment - Family Entertainment Center.
Conditions include: 1. Applicant shall obtain a certificate of occupancy for
the development within 4 years of the execution of the Ordinance; 2.
Applicant shall execute and return to the City within 30 calendar days any
new easements as necessary to accommodate new or existing public
utilities as appropriate; 3. Applicant will be responsible for the reasonable
relocation of utilities within the rights-of-way upon request and at no
expense to the City; 4. City may continue full use of the rights-of-way until
such time as City issues a right-of-way permit, and City will not be required
to issue the right-of-way permit until City has issued building permits
authorizing construction supporting the development; 5. Applicant will
responsible for any expenses for replacing, removing, or relocating
crossing warning devices, warning signs, permanent closure signs, dead
end signs, and other markers related to CSX Railroad Crossings; 6. This
vacation Ordinance would not take effect unless the conditions are
satisfied.
STRATEGIC PRIORITY:
1. High Performing Government: Embrace a culture of innovation that
thrives on continuous improvement.
2. Preserve community livability through responsible development
standards, proactive code compliance, and targeted revitalization.
The City Attorney said the vacation ordinance includes the following
conditions: 1) the applicant shall obtain a certificate of occupancy for the
development within four years of the execution of this ordinance, 2) the
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applicant will be responsible for the relocation of any type of utilities within
the rights-of-way at no expense to the City, 3) that the applicant would
come back for requests involving new easements or existing
easements, and 4) that the applicant would be responsible for expenses
related to replacing, removing, relocating any of the railroad crossing
sites.
Applicant Representative Bob Potter provided a PowerPoint
presentation.
In response to questions, EVO Founder Mitch Roberts said the front
entrance is off of Cleveland Street, there is no parking lot across
Cleveland Street. He said the unloading zone will be located behind the
theater in the parking lot. He said his guests should not have to park and
cross a public street to enter the building. The traffic study shows that this
street is not a major thoroughfare and the traffic patterns in Downtown would
not be impacted. He said it is a reasonable compromise for the investment
required to make it successful. He negotiated the minimum site requirements
with Myrtle Development. The parking lot is planned to have east-west
access. Mr. Roberts said many theaters are built in urban environments.
It is important for him to provide ease of access to his guests. He said if
the vacation does not occur, the contract is void and the project does not
move forward.
Discussion ensued with consensus to extend public comments to 9:00
p.m.
The Council recessed from 8:02 p.m. to 8:24 p.m.
Four individuals spoke in opposition and 91 individuals spoke in support.
Discussion supporting the project ensued with concerns expressed
that the requested street vacation requires losing a meaningful east-west
connection and that a surface parking lot is not the best use for
the site.
Ordinance 9908-26 was presented and read by title only.
Councilmember Mannino moved to approve a rights-of-way
vacation request from Myrtle Development LLC for city
rights-of-way and alleyway more particularly described as those
portions of Laura Street, a 15 ft. platted alley, and North Street,
also known as Grove Street, lying east of East Street, also known
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as East Avenue and abutting blocks 14, 15, and 16, in Gould and
Ewing's 2nd Addition according to the plat thereof as recorded in
Plat Book 1, Page 52 of the Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly a part and
pass Ordinance 9908-26 on first reading. The motion was duly
seconded and upon roll call, the vote carried as follows:
Ayes: 3 - Vice Mayor Cotton, Councilmember Allbritton and Councilmember
Mannino
Nays: 2 - Mayor Rector and Councilmember Teixeira
6.3 Approve the Right-of-Way Vacation request from Clearwater Village, L.C. for portions of
city rights-of-ways, as recorded in Plat Book 13, page 59 in the Public records of Pinellas
County, Florida consisting of the Mall, Lantana Avenue, Idlewild Drive, Evergreen Avenue,
Gardenia Court, Woodlawn Terrace, No Name Streets, and Shore Drive, abutting Tract
B, Clearwater Village Phase 1, as recorded in Plat Book 126, Pages 6-8 of the Public
records of Pinellas County, Florida, and pass Ordinance 9889-26 on first reading.
The purpose of this vacation is to accommodate the Applicant's expected replat
changes. The City ROWs are unimproved.
Approval is conditioned upon the Applicant granting to the City an executed
Utility Easement over existing water facilities.
Approval is conditioned upon the Applicant presenting to the City an executed
and recorded Ingress, Egress, and Access Easement granting Edmund S.
Whitson the legal right to cross the Applicant's property for access.
STRATEGIC PRIORITY:
1. High Performing Government: Embrace a culture of innovation that thrives on
continuous improvement
2. Preserve community livability through responsible development standards,
proactive code compliance, and targeted revitalization.
Applicant Representative Carlton Ward provided a PowerPoint
presentation. He said there are roads on the plat that were never paved.
Four individuals spoke in opposition.
One individual submitted a comment in opposition (see pages 45-69).
Ordinance 9889-26 was presented and read by title only.
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Councilmember Teixeira moved to approve the Right-of-Way
Vacation request from Clearwater Village, L.C. for portions of city
rights-of-ways, as recorded in Plat Book 13, page 59 in the Public
records of Pinellas County, Florida consisting of the Mall, Lantana
Avenue, Idlewild Drive, Evergreen Avenue, Gardenia Court,
Woodlawn Terrace, No Name Streets, and Shore Drive, abutting
Tract B, Clearwater Village Phase 1, as recorded in Plat Book
126, Pages 6-8 of the Public records of Pinellas County, Florida,
and pass Ordinance 9889-26 on first reading. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Cotton, Councilmember Allbritton,
Councilmember Teixeira and Councilmember Mannino
The Council recessed from 10:08 p.m. to 10:18 p.m.
6.4 Amend the City's fiscal year 2025/26 operating and capital improvement budgets at third
quarter and pass Ordinances 9939-26 and 9940-26 on first reading.
The fiscal year 2025/26 operating and capital improvement budgets were
adopted in September 2025 by ordinances 9849-25 and 9850-25. Section
2.521 of the City's Code of Ordinances requires the City Manager to prepare a
quarterly report detailing income, expenditure estimates, collections, the
explanation of significant variances, as well as the financial status of all capital
improvement projects.
STRATEGIC PRIORITY:
The budgeting process aligns resource allocation to the advancement of our
community in all five strategic priorities: high performing government, economic
and housing opportunity, community well-being, environmental stewardship,
and superior public service.
Ordinances 9939-26 and 9940-26 were presented and read by title
only.
Councilmember Allbritton moved to amend the City's fiscal year
2025/26 operating and capital improvement budgets at third
quarter and pass Ordinances 9939-26 and 9940-26 on first
reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Cotton, Councilmember Allbritton,
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Councilmember Teixeira and Councilmember Mannino
6.5 Approve purchase orders to Joe Payne, Inc d/b/a JPI, Quorum Services LLC, and Willdan
Engineering for Building Inspection and Plan Review Services in the cumulative annual
amount of$1,250,000.00 for the initial term of October 1, 2026 through September 30,
2027, with four, one-year renewal options pursuant to Invitation to Bid (ITB) No. 50-26 and
authorize the appropriate officials to execute same.
The Planning & Development Department requests authorization to award
purchase orders for building inspection and plan review services in accordance
with Invitation to Bid (ITB) No. 50-26. This solicitation was issued to supplement
the City's staff by providing additional plan review and building inspection
capacity. ITB No. 50-26 was formally advertised on July 7, 2026, and 11
responsive bids were received by the submission deadline of August 10, 2026.
Following a comprehensive evaluation process, the lowest responsive and
responsible bidders were identified based on pricing, qualifications, and
demonstrated ability to support the department with the requisite licensed
professionals required for private and public construction projects within the
city.
The Planning & Development Department, in collaboration with the
Procurement Division, recommends award to the following vendors under each
service category:
Category 1: Inspection Services
• Primary: Quorum Services, LLC
• Secondary: Joe Payne, Inc. d/b/a JPI
• Tertiary: Willdan Engineering
Category 2: Plan Review Services
• Primary: Quorum Services, LLC
• Secondary: Joe Payne, Inc. d/b/a JPI
• Tertiary: Willdan Engineering
Vendors will be engaged on an as-needed basis according to their availability
and the City's operational needs. Availability includes having an appropriately
licensed professional available to perform the required work. All personnel
assigned to perform these services must possess the applicable license issued
by the State of Florida Department of Business and Professional Regulation
(DBPR).
City staff will first contact the primary vendor. If the primary vendor is
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unavailable or additional support is required, staff will proceed to the secondary
vendor and then the tertiary vendor, as appropriate.
Staff requests flexibility to allocate the authorized cumulative annual amount of
$1,250,000.00 among the vendors as needed during the initial one-year term
and any renewal terms, in accordance with the City's Code of Ordinances.
Daily requests for inspections and plan reviews fluctuate. Inspections are
promised by the next business day, and plan reviews have been expedited to
accommodate state statutes and previous Business Task Force
recommendations. Open positions and fluctuating service demands create a
need for contract personnel to maintain timely inspection and plan review
services..
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Planning and Development Department cost code
0101430-530300, contractual services, to fund the current year of this contract.
Future funding will be requested as part of the annual budget process.
The Planning and Development Department is funded by revenues from the
General Fund.
USE OF RESERVE FUNDS:
N/A
STRATEGIC PRIORITY:
This contract supports the priority to deliver effective and efficient services by
optimizing city assets and resources through the use of contracted staff to
maintain service levels that meet demand and statutory standards.
Councilmember Mannino moved to approve purchase orders to
Joe Payne, Inc d/b/a JPI, Quorum Services LLC, and Willdan
Engineering for Building Inspection and Plan Review Services in
the cumulative annual amount of$1,250,000.00 for the initial term
of October 1, 2026 through September 30, 2027, with four,
one-year renewal options pursuant to Invitation to Bid (ITB) No.
50-26 and authorize the appropriate officials to execute same.
The motion was duly seconded and carried unanimously.
6.6 Authorize an extension of the purchase order to Evoqua Water Technologies (Xylem) for
chemical tank and feed system rental and bulk odor control chemical delivery in the
annual not-to-exceed amount of$255,000.00, for the period of July 20, 2026 through July
19, 2027, utilizing Manatee County Contract No. 24-RO84063BB as a piggyback
contract.
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The Public Utilities Department requests authorization to extend the existing
purchase order with Evoqua Water Technologies (Xylem) for odor & corrosion
control chemical tank and feed system rental, bulk delivery of 50% hydrogen
peroxide and Odophos, equipment maintenance, technical support, and related
odor and corrosion control services. To maintain uninterrupted service while
this renewal was processed, the existing purchase order was temporarily
extended in accordance with City procurement procedures. Approval of this
item will replace the temporary extension with the renewed, one-year contract.
The chemicals and related services are used at the Northeast Water
Reclamation Facility and Lift Station 42 to control odors and reduce corrosion
within the wastewater collection and treatment systems.
Manatee County extended Contract No. 24-R084063BB for an additional
one-year term, from July 20, 2026 through July 19, 2027. The contract was
originally awarded through a competitive solicitation. Continuing to piggyback
the contract will allow the City to maintain the same contract terms and unit
pricing:
50% hydrogen peroxide: $0.58 per pound
Odophos: $1.83 per gallon
The annual not-to-exceed amount of$255,000.00 is consistent with the amount
authorized for the prior contract period. No material increase in chemical usage
is anticipated during the extension period.
The purchase order was extended for an additional 60-day period, from July 20,
2026 through September 19, 2026, to allow sufficient time for Manatee County
to renew the piggyback contract and for the City to complete its subsequent
procurement process.
Continuing the agreement will provide an uninterrupted supply of chemicals and
related services used for odor control and corrosion reduction. Public Utilities
anticipates evaluating an independent City solicitation before a future contract
cycle.
APPROPRIATION CODE AND AMOUNT:
Funds are available in Public Utilities operating code 4211355-551700 to fund
this contract. The Public Utilities Department is funded by revenues from the
Water and Sewer Utility Enterprise Fund. The annual not-to-exceed amount is
$255,000.00.
STRATEGIC PRIORITY:
1.2: Maintain Public Infrastructure through systematic management efforts), by
preventing the corrosion of critical wastewater infrastructure facilities and
equipment.
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Vice Mayor Cotton moved to authorize an extension of the
purchase order to Evoqua Water Technologies (Xylem) for
chemical tank and feed system rental and bulk odor control
chemical delivery in the annual not-to-exceed amount of
$255,000.00, for the period of July 20, 2026 through July 19, 2027,
utilizing Manatee County Contract No. 24-RO84063BB as a
piggyback contract. The motion was duly seconded and carried
unanimously.
6.7 Authorize purchase orders to Consolidated Pipe and Supply, Ferguson Enterprise LLC,
Palm Beach Plumbing Parts, and American Backflow Products Company for backflow
devices and parts, in an annual not-to-exceed amount of$750,000.00 with the option for
two, one-year extensions pursuant to Invitation to Bid 37-26, Backflow devices and parts,
and authorize the appropriate officials to execute same.
Invitation to Bid # 37-26, Backflow devices and parts, was released on May 6,
2026, and we received 11 submissions on June 10, 2026. Following a
comprehensive evaluation, Public Utilities has determined that Consolidated
Pipe & Supply, Ferguson Waterworks Enterprise LLC, Palm Beach Plumbing
Parts, and Test Gauge & Backflow Supply Inc. represented the lowest, most
responsible bidders meeting the solicitation's requirements in the following
categories.
However, Test Gauge & Backflow Supply Inc., the vendor originally
recommended for award of Group 9, withdrew its bid due to a calculation error.
The City therefore proceeded to the next lowest responsive and responsible
bidder meeting the specifications for Group 9 being American Backflow
Products Company.
Consolidated Pipe & Supply
Group 1 - Double Check Valve (DCV) %-inch -2-inch
Group 2 - Double Check Valve Assembly (DCVA) 2-inch - 8-inch
Group 4 - Double Check Valve Assembly (DCVA) 4-inch -12-inch
Group 5 - Reduce Pressure Zone (RPZ) %-inch - 2-inch
Group 6 - Reduce Pressure Zone (RPZ) 3-inch -10-inch
Ferguson Waterworks
Group 7 - Freeze protection Valve (FPV)
Palm Beach Plumbing Parts
Group 3 - Double Check Valve Detector Assembly (DCDA) 2-inch
Group 8 - Miscellaneous Parts
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American Backflow Products Company
Group 9 - Repair kits
These purchase orders will help ensure that the City maintains adequate
inventory of new backflow assemblies and repair components necessary to
support ongoing replacements, repairs and new installations throughout its
jurisdiction. Maintaining sufficient stock is critical to ensure regulatory
compliance, protection of the potable water system, and minimizing service
disruption to our customers.
APPROPRIATION CODE AND AMOUNT:
Budgeted funds for FY26 are available in Public Utilities' cost centers, cost code
550400, operating supplies & materials. Funded by revenues from the Water&
Sewer Utility Enterprise Fund.
STRATEGIC PRIORITY:
Funding for future years will be requested within contract calendar and spending
limits.
Councilmember Teixeira moved to authorize purchase orders to
Consolidated Pipe and Supply, Ferguson Enterprise LLC, Palm
Beach Plumbing Parts, and American Backflow Products
Company for backflow devices and parts, in an annual
not-to-exceed amount of $750,000.00 with the option for two,
one-year extensions pursuant to Invitation to Bid 37-26, Backflow
devices and parts, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.8 Amend the August 7, 2025 City Council authorization to Hach Company of Loveland, CO,
for the purchase of testing equipment, laboratory instruments, chemicals, parts, and
related supplies and services, to authorize an annual not-to-exceed amount of
$350,000.00 for each of the two, one-year renewal options previously approved, pursuant
to Clearwater Code of Ordinances Sections 2.563(1)(a), Single Source, and 2.563(1)(d),
Non-Competitive Purchase (Impractical), and authorize the appropriate officials to
execute same.
On August 7, 2025, City Council authorized a purchase order to Hach Company
in the amount of$361,864.64, of which $11,864.64 was ratified and confirmed,
for the term June 14, 2025, through August 4, 2026, with two, one-year renewal
options. While the renewal options were authorized, the original Council action
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did not establish an annual not-to-exceed amount for the renewal periods.
Hach Company provides Public Utilities with testing equipment, laboratory
instruments, chemicals, parts, supplies, and related services necessary for
routine water and wastewater testing and analyses. The City has standardized
its equipment and materials to Hach products to maintain regulatory
compliance, testing consistency, equipment warranties, and compatibility with
existing equipment.
Public Utilities continues to require these products and services throughout the
previously approved renewal periods. This amendment establishes an annual
not-to-exceed amount of$350,000.00 for each of the two, one-year renewal
options. The existing purchase order authorization remains available in
accordance with the previously approved contract term and renewal options.
All other terms and conditions of the original authorization remain unchanged.
APPROPRIATION CODE AND AMOUNT:
Funding for these purchases is available in Public Utilities operating cost
centers, cost code 550400, Operating Supplies and Materials. Future funding
will be requested within the appropriate budget cycle and spending limits. The
Public Utilities Department is funded by revenues from the Water and Sewer
Utility Enterprise Fund.
STRATEGIC PRIORITY:
These services help accomplish Strategic Plan Objectives 1.1, maintaining
municipal performance, and promoting accountable governance; 1.2,
maintaining public infrastructure; 1.3, identify resources required to sustain level
of service.
Establishing this contract meets the City's strategic objective of Environmental
Stewardship by ensuring our plants and facilities are operational and running at
peak performance. It also satisfies the strategic objective of High Performing
Government by providing a high level of service to our residents and maintaining
vital infrastructure.
Councilmember Allbritton moved to amend the August 7, 2025
City Council authorization to Hach Company of Loveland, CO, for
the purchase of testing equipment, laboratory instruments,
chemicals, parts, and related supplies and services, to authorize
an annual not-to-exceed amount of $350,000.00 for each of the
two, one-year renewal options previously approved, pursuant to
Clearwater Code of Ordinances Sections 2.563(1)(a), Single
Source, and 2.563(1)(d), Non-Competitive Purchase (Impractical),
and authorize the appropriate officials to execute same. The
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motion was duly seconded and carried unanimously.
6.9 Approve a Design Professional Agreement and Work Order with AtkinsRealis USA, Inc.,
of Tampa, FL, for design services for the Public Services Complex Administrative
Building project (15-0048-EN), in the amount of$3,837,474.37, pursuant to Request for
Qualifications (RFQ) 43-23, Design Services - Public Works Complex and authorize the
appropriate officials to execute same.
The City proposes engaging AtkinsRealis USA Inc. to provide professional
engineering services for a new Administrative Building at the Public Services
Complex, located at 1650 North Arcturas Avenue. The building will serve as a
Department Emergency Operations Center (DEOC) and accommodate staff
from the Public Works and Public Utilities departments.
The existing administrative buildings do not provide adequate facilities for city
staff to perform their required duties. The new building will improve operational
efficiency and coordination by consolidating staff from both Public Utilities and
Public Works, leveraging the synergies that exist between the two departments.
Replacing the existing administrative buildings with one integrated
administration building will consolidate staff currently dispersed among aging,
functionally inefficient, and storm-vulnerable facilities into a single resilient
operations center. The existing buildings are reaching the end of their useful life
with roof, electrical, HVAC, and controlled access systems requiring numerous
and frequent repairs in recent years.
The Public Services Building is planned to be approximately 55,000 square feet
and a hardened structure designed to withstand category 5 hurricane
conditions. The facility will primarily house approximately 219 staff members
from the Public Utilities and the Public Works Departments plus space for field
crews from both departments. Colocation of the two departments will improve
coordination among Public Works and Public Utilities functions, reduce
duplicate spaces and operating costs, enhance communication and
supervisory efficiency, and provide modern technology, training, meeting, and
emergency-support capabilities. The building will also include space and
redundant systems to support a department emergency operations center that
will include operational staff from Public Utilities, Public Works, General
Services, Solid Waste, and Parks and Recreations and will strengthen
continuity of operations before, during, and after hurricanes and other
emergencies by a centrally located facility capable of supporting critical staff
and coordinated response activities.
The Work Order provided design services, permitting, and procurement
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administration services for this project. The Work Order includes validation of
the facility's programming and space needs; architectural and engineering
design; preparation of construction drawings and technical specifications;
permitting and agency coordination; procurement and bidding-phase
assistance; and cost-estimating and value-engineering support.
Request for Qualifications 43-23, Design Services - Public Works Complex
was issued and the City received eight responses. A team of city staff
representing the Public Utilities and Public Works departments carefully
reviewed each of the submittals. Each submittal was scored according to the
RFQ evaluation criteria and overall responsiveness to the RFQ requirements.
AtkinsRealis was selected for these services.
The Public Services Complex Administrative Building design, permitting, and
procurement services are anticipated to take approximately 22 months.
Construction of the facility is not included in this approval and will be presented
separately to City Council.
The total project budget for the Public Services Complex Administrative Building
is anticipated to be $43,457,848. The following funding is the total previously
allocated and future funding identified in the proposed FY26/27 6-year Capital
Improvement Program budget:
Future Bond Issuance (Public Utilities): $10,038,550.
General Fund Revenue: $2,802,520.
Stormwater Fund Revenue: $10,380,057.
Water & Sewer Fund Revenue: $7,936,721.
Infrastructure Sales Tax/Penny for Pinellas: $12,300,000.
APPROPRIATION CODE AND AMOUNT:
Funding for this work order is available in capital improvement project C2214,
Public Works Complex:
3157541-561300-C2214 - Capital Improvement Fund - $631,002.92
3197319-561300-C2214 - Stormwater Capital Fund - $1,183,214.23
3217321-561300-C2214 - Water& Sewer Capital Fund - $2,023,257.22
Funds in this project are provided by General Fund, Stormwater Fund, Water&
Sewer Fund, and Penny for Pinellas revenues.
STRATEGIC PRIORITY:
This item falls under objective 1.2 (maintaining public infrastructure) and 1.3
(adopt responsive levels of service) within High Performing Government.
Councilmember Mannino moved to approve a Design Professional
Agreement and Work Order with AtkinsRealis USA, Inc., of
Tampa, FL, for design services for the Public Services Complex
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Administrative Building project (15-0048-EN), in the amount of
$3,837,474.37, pursuant to Request for Qualifications (RFQ)
43-23, Design Services - Public Works Complex and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
6.10Approve the 2026 Affordable Housing Inventory List pursuant to requirements of Chapter
166.0451, Florida Statutes; adopt Resolution 26-15 and authorize the appropriate
officials to execute same. (APH)
The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section
166.0451 entitled "Disposition of municipal property for affordable housing."
Section (1) of the statute, as amended, requires that by October 1, 2023, and
every three years thereafter, each municipality shall prepare an inventory list of
all real property within its jurisdiction to which the municipality or any dependent
special district within its boundaries holds fee simple title which is appropriate
for use as affordable housing. Therefore, the staff has updated the 2023
affordable housing inventory list to include the property address and parcel ID
number as assigned by the Pinellas County property appraiser.
The state statute includes that the governing body of each municipality must
review the proposed affordable housing inventory list at a public hearing and
may revise the list at the conclusion of the hearing. Following the public hearing,
the local governing body must adopt a resolution that includes an inventory list
of such property deemed appropriate for affordable housing development.
The previous list was approved by City Council in 2023 and included a total of
31 properties. Resolution 26-15, as drafted, proposes 49 parcels, to which the
city or the city's Community Redevelopment Agency holds title, as appropriate
for use as affordable housing.
STRATEGIC PRIORITY:
Objective 2.4 - Supports equitable housing programs that promote household
stability and reduces the incidence of Homelessness within Clearwater.
Resolution 26-15 was presented and read by title only.
Vice Mayor Cotton moved to approve the 2026 Affordable
Housing Inventory List pursuant to requirements of Chapter
166.0451, Florida Statutes; adopt Resolution 26-15 and authorize
the appropriate officials to execute same. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Rector, Vice Mayor Cotton, Councilmember Allbritton,
Councilmember Teixeira and Councilmember Mannino
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6.11Authorize an amendment with Cigna Healthcare (Cigna) for city medical insurance (under
a self- insured funding arrangement) and a purchase order to Evernorth Behavior Health
(Evernorth) for the employee assistance program for period January 1, 2027 through
December 31, 2027, pursuant to RFP 26-22, for a total not-to-exceed amount of $34.0
million ($33,897,264 for Cigna and $60,000 for Evernorth), to be funded by city budgeted
funds, payroll deductions of employees and retiree premiums; and authorize the
appropriate officials to execute same.
Staff is recommending renewal with Cigna and Evernorth based on overall
satisfaction with the services and current benefits, and a favorable renewal rate
of a 9.8% total increase. The increase is attributable to higher pharmacy and
cancer related claim costs, specifically in the specialty and diabetes
pharmaceutical space. Market trend projections indicate medical costs are
projected at 8.5% nationally in 2026 with Florida's costs typically 2%-3% higher
than the national averages. The original agreements with Cigna and Evernorth
were approved by Council in September 2022 pursuant to RFP 26-22. This
renewal is the final (5th) renewal available for the current contract and will be bid
for the 2028 plan year for medical and pharmacy coverages.
The overall funding increase of 9.8% is expected to cover projected plan
expenses for the 2027 plan year and allow the City to maintain required
reserves. Included in the medical premiums for the 2027 plan year is the
continuation of the Motivate Me incentive program through Cigna. Under this
program, employees can receive incentives (up to $200 per year) when
participating in specific preventative healthcare activities. The City's claims data
has shown meaningful improvements in preventive care engagement, early
detection screenings, and chronic condition management since MotivateMe
was implemented, all of which are associated with improved health outcomes
and reduced long-term healthcare risk. These outcomes reflect the positive
impact of the City's broader benefits and wellness strategy, of which MotivateMe
is an important component.
Some notable results include:
• 31 additional women receiving annual mammograms
• 60 additional women receiving cervical cancer screenings
• 33 additional individuals age 50 and older receiving colon cancer
screenings
• 40 additional men age 50 and older receiving prostate cancer
screenings
These increases are particularly important because they support earlier
detection and intervention, which can improve treatment outcomes and help
avoid the significantly higher costs often associated with later-stage diagnoses.
Additionally, when comparing employees who participated in screenings to earn
a MotivateMe incentive to those who did not, there are several favorable trends:
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• Cancer screening rates are 10 to 30 percentage points higher among
incentive earners.
• Compliance with recommended care for hypertension and high
cholesterol is approximately 3 percentage points higher among incentive
earners.
• Among individuals with obesity and available laboratory data, all
participants currently have LDL cholesterol levels below recommended
guideline thresholds.
• There have been no diabetes-related hospitalizations and only one
diabetes-related emergency room visit among diabetic participants.
These rewards are directly tied to cost drivers on the City's medical plan and
are an essential part of controlling increases over the long term. There is a high
utilization and participation in the Motivate Me program. The 2025 total
incentives payouts were $72,425 and for 2026 are approximately $31,985 (July).
Historically, the City's funding rates for medical insurance were 100% for
employees without dependents, 75% for employees with one dependent, and
68% for employees with family coverage. In the plan years 2024 through 2026
and moving forward, upon recommendation of the employee benefits
committee, the city funded 100%, 75.5%, and 69% in an effort to stabilize
employee costs. For the 2027 renewal the employee benefits committee and
staff is recommending moving forward and the 9.8% overall increase with
employees paying a 7% increase for those with dependents. The remainder of
the increase, estimated at $73,932, will be absorbed by health insurance
reserves (if needed).
The City's fiscal 2027 budget for the employer share of health insurance costs
is $27,309,288 which includes $25,437,158 across all operations for health plan
costs, and $1,872,130 budgeted for the Employee Health Center.
APPROPRIATION CODE AND AMOUNT:
Funds are available in cost codes 5907590-530300 (contractual services),
5907590-545602 (major medical claims), and 5907590-545601
(insurance premiums-EAP). The Central Insurance Fund is an internal service
fund of the City which accounts for all insurance related costs.
STRATEGIC PRIORITY:
Superior Public Service: Promote a Diverse and Talented Workforce Through
Competitive Opportunity, Employee Wellness and Rewarding Growth
5.4 Enhance Employee health and productivity through a holistic approach to
workplace wellness and benefit resources. The medical plan and the Employee
Health Center are an integral part of enhancing employee health and productivity
and is a benefit resource to attract and retain employees.
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Human Resources Division Manager Jill Paul provided a PowerPoint
presentation.
Councilmember Teixeira moved to authorize an amendment with
Cigna Healthcare (Cigna) for city medical insurance (under a self-
insured funding arrangement) and a purchase order to Evernorth
Behavior Health (Evernorth) for the employee assistance
program for period January 1, 2027 through December 31, 2027,
pursuant to RFP 26-22, for a total not-to-exceed amount of $34.0
million ($33,897,264 for Cigna and $60,000 for Evernorth), to be
funded by city budgeted funds, payroll deductions of employees
and retiree premiums; and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.12Approve an agreement with Evernorth Direct Health LLC dba Cigna for onsite medical
and prescription drug services for the period of October 1, 2026, through September 30,
2029, in the not-to-exceed amount of$5,500,000.00 and authorize the appropriate
officials to execute same.
The City of Clearwater is currently comprised of approximately 1,690 Active
benefit-eligible employees and 893 Retirees. The City of Clearwater offers a
comprehensive group benefits program to its employees and their dependents.
Persons covered by the City's insurance plan have access to the Employee
Health Center. The Employee Health Center allows employees to receive
medical services such as primary care, urgent care, medication dispensing,
and lab work at no cost to the employees or their dependents. The center is
staffed by a doctor, nurse practitioner, and support staff and is open 50 hours
per week. The original agreement was approved by Council on September 21,
2023, pursuant to RFP-No. 22-23 and this is the first of two 3-year renewal
options.
Evernorth, our current provider, will maintain the current level of staffing and
services for the City and a fee schedule below current for Years 1 and 2. In Year
3, the cost will be 1.55% more than the cost in Year 1.
Evernorth's July 2026 performance report demonstrates a strong return on the
City's investment and high patient satisfaction. For the rolling 12- month period,
the Employee Health Center generated a 2.0 return on investment and achieved
99% overall satisfaction. Year-to-date utilization included 2,929 visits and 976
unique patients. Rolling 12-month center adoption was 63%, and provider
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utilization was 69%.
The estimated amounts for the next three years are as follows:
Year 1 - $1,608,023 (2026-2027)
Year 2 - $1,696,123 (2027-2028)
Year 3 - $1,690,223 (2028-2029)
Since these figures are only cost estimates, additional funding is being
requested.
APPROPRIATION CODE AND AMOUNT:
Funds for the first year of this agreement are available in the Employee Health
Center cost center (5909835) which covers administrative and anticipated
operating costs. Funding for future years will be included in the annual budget
request.
The Employee Health Center is funded by the Central Insurance Fund, an
internal service fund of the city established to account for all insurance related
expenses.
STRATEGIC PRIORITY: Superior Public Service: Promote a Diverse and
Talented Workforce Through Competitive Opportunity, Employee Wellness and
Rewarding Growth
5.4 Enhance Employee health and productivity through a holistic approach to
workplace wellness and benefit resources. The medical plan and the Employee
Health Center are an integral part of enhancing employee health and productivity
and is a benefit resource to attract and retain employees.
Councilmember Allbritton moved to approve an agreement with
Evernorth Direct Health LLC dba Cigna for onsite medical and
prescription drug services for the period of October 1, 2026,
through September 30, 2029, in the not-to-exceed amount of
$5,500,000.00 and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
6.13Approve a purchase order to Oracle America, Inc. of Redwood Shores, CA for software
maintenance in a not-to-exceed amount of$197,664.05 for a one-year term pursuant to
Clearwater Code of Ordinances Section 2.563 (1)(a), Single Source, and authorize the
appropriate officials to execute same.
This is an annual maintenance contract for Oracle software consisting of three
components:
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1. Oracle database licensing at $59,368.90 for the City's utility billing
(Cayenta) and asset management systems (OWAM)
2. Oracle OWAM maintenance (asset management system) at
$138,295.15 for the City's enterprise asset management application
This purchase is for the necessary maintenance of the Oracle software, which
is only offered by Oracle, the software manufacturer. This maintenance cannot
be acquired from any other source. The City has used the Oracle software
since 2004 and will be sunsetting these applications in Fiscal Year 2027/28.
This purchase order represents a $12,886.38 decrease in real maintenance
costs from a year ago.
In addition, a one-year software update license and support renewal for
WebLogic Suite in the estimated amount of$18,996.00 will be procured as a
Small Purchase using one of Oracle's authorized distributors on a separate
purchase order. The WebLogic Suite is used for development and maintenance
of web-based application viewers for the OWAM environment. The grand total
for Oracle maintenance to include the WebLogic Suite from an authorized
distributor for Oracle will not exceed $216,660.05.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Information Technology department, cost code
5559864-530500 - maintenance contracts, to fund this contract. The Information
Technology department is funded by revenues from the Administrative Services
Fund, an internal service fund of the city.
STRATEGIC PRIORITY:
This purchase will support all the objectives of a High-Performance
Government, as well as Superior Public Service.
Councilmember Mannino moved to approve a purchase order to
Oracle America, Inc. of Redwood Shores, CA for software
maintenance in a not-to-exceed amount of$197,664.05 for a
one-year term pursuant to Clearwater Code of Ordinances
Section 2.563 (1)(a), Single Source, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
6.14Approve a Capital Project Funding Agreement grant for the construction of the Bayshore
Trail Trailhead in the amount of$216,000, between Trust for Public Land and the City of
Clearwater and authorize the appropriate officials to execute same.
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The City Of Clearwater (City) has been awarded a grant from Trust for Public
Land (TPL) in the amount of$216,000 for the renovations and improvements to
the Bayshore Trail located along Bayshore Boulevard at the intersection of the
Bayshore Trail and the Courtney Campbell Causeway Trail.
The Bayshore Trail is one of Clearwater's several walking / biking trails used by
residents and visitors alike. It serves as a crucial connecting path between
larger trail networks, with the Courtney Campbell Causeway Trail sitting at the
southern terminus, and the Clearwater Ream Wilson Trail at the northern
terminus.
The Parks & Recreation Department has long been planning a renovation
project for the Bayshore Trail, with the development of a true trailhead being a
high priority. The planned construction would include a new trailhead at the
intersection of the Bayshore and Courtney Campbell Causeway trails, including
concrete sidewalks and picnic table pads, benches, trash receptacles, picnic
tables, a drinking fountain, bicycle racks, bicycle repair station and signage.
Trust for Public Landis a conservation organization invested in the acquisition
and improvement of parks, open space, scenic and recreational lands,and trails
for the benefit of the public and communities throughout the United States.TPL
is a proponent of The Florida Gulf Coast Trail (FGCT), which is an ambitious
plan to create a 420-mile regional trail in southwest Florida. A portion of the
FGCT runs along the Courtney Campbell Causeway, an eight-mile bridge and
roadway that carries State Road 60 (SR 60) across Old Tampa Bay,
connecting the City of Tampa in Hillsborough County to the City of Clearwater in
Pinellas County.
As a result of the 2024 storm season, many mature trees were lost and
infrastructure along the causeway was damaged, leaving users exposed to
heat. TPL is working with partners in the Pinellas and Hillsborough counties to
create picnic shelters and other amenities along the causeway to restore this
key segment of the Florida Gulf Coast Trail.
TPL applied for and received a grant from Expedia, Inc. to support and fund trail
construction and enhancement projects across the U.S. TPL desires to support
and partially fund the enhancement of the SR60 Trailhead Park with a portion of
their awarded TPL Grant. Parks & Recreation intends to utilize the funds
donated by TPL to renovate the Bayshore Trail in accordance with the project
description above. It is important to note that this project was planned and
budgeted in full prior to the opportunity for this grant being presented to the City.
Under this Agreement, TPL agrees to provide the City with Project Funds in the
amount of$216,000.00 to be paid in two installments. The first installment of
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$108,000.00 will be made within 20 business days after execution of this
Agreement by all parties. The second installment of$108,000.00 will be made
within 10 business days of the Project being Construction Ready.
In receiving this grant, the City agrees to install on-site signage recognizing
TPL's and Expedia's support of the project, with the designated location of said
signage being agreed upon by all three parties. Signage design will be provided
by TPL and Expedia, Inc and will be required to meet all city sign code
requirements.
The total project cost for the Bayshore Trailhead is estimated to be $350,000 of
which this grant will fund $216,000 replacing Penny funds that were previously
set aside for this project. The remaining fund will come from CIP 93272
"Bicycle Paths Bridges".
STRATEGIC PRIORITY:
Approval of this Agreement supports several Strategic Plan Objectives,
including:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts;
1.3: Adopt responsive levels of service for public facilities and amenities,
and identify resources required to sustain that level of service.
1.5: Embrace a culture of innovation that drives continuous improvement
and successfully serves all our customers.
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
3.1: Support neighborhood identity through services and programs that
empower community pride and belonging.
3.2: Preserve community livability through responsible development
standards, proactive code compliance, and targeted revitalization.
Vice Mayor Cotton moved to approve a Capital Project Funding
Agreement grant for the construction of the Bayshore Trail
Trailhead in the amount of $216,000, between Trust for Public
Land and the City of Clearwater and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
6.15Authorize a construction contract to MTM Contractors, Inc. for the renovations and
improvements of Edgewater Drive Park located at 1925 Edgewater Drive in the amount
of$762,910.50, pursuant to Invitation to Bid 25-0019-PR, and authorize the appropriate
officials to execute same.
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On August 31, 2023, the Parks & Recreation Department submitted a Florida
Recreation Development Assistance Program Grant application requesting
$200,000 from the Florida Department of Environmental Protection (FDEP) for
the purpose of securing funding for the renovations and improvements of
Edgewater Drive Park. The city was awarded the grant on July 3, 2024, and
received the Grant Agreement from FDEP on October 3, 2024. A finalized
amended Agreement was approved by City Council on September 18, 2025.
The Scope of Work for the Edgewater Drive Park Renovation Project includes
the demolition and removal of existing asphalt pavement within the current
parking area, as well as the removal of the adjacent concrete sidewalk along
west side of Edgewater Drive. The proposed improvements consist of the
construction of an expanded parking facility to accommodate additional
vehicular spaces. The existing 6-foot-wide concrete sidewalk along the west
side of Edgewater Drive from Sunset Point Road south to Union Street will be
reconstructed and widened to 10 feet to meet updated accessibility standards
and better serve as a recreational trail that connects Clearwater and Dunedin.
Site improvements also include the installation of a stormwater pond, site
furnishings such as benches, waste receptacles, drinking fountain(s), bike
repair station, educational signage, and landscaping.
Invitation to Bid (ITB) No. 25-0019-PR, was issued on June 17, 2026, and the
City received the following six responses from prequalified contractors on July
29, 2026: Cathcart Construction Company - Florida, LLC, Central Florida
Contractors Inc., C&T Contracting Services, LLC, Ferreira Construction
Company, Inc., Harbor Contracting, LLC, and MTM Contractors, Inc.
Of the six contractors, MTM Contractors, Inc. was determined to be the lowest
responsive and responsible bidder in accordance with the plans, specifications
and requirements of ITB No. 25-0019-PR, Edgewater Drive Park Renovation.
The project will be substantially completed on or before March 31, 2027.
Additional operating costs will not be needed for this project.
The total project budget for Edgewater Drive Park improvements is $1,050,000,
funded in part by a $200,000 FDEP grant and $850,000 from the General Fund.
Due to scope adjustments, current project costs (including design, construction
and amenities) are estimated at $950,000.
APPROPRIATION CODE AND AMOUNT:
3157572-C2404 - $762,910.50
Funding for this construction contract is available in capital project C2404,
Edgewater Drive Park Improvements funded by revenues from the General
Fund and an FDEP grant.
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STRATEGIC PRIORITY:
Approval of the agreement supports several Strategic Plan Objectives,
including:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts.
1.3: Adopt responsive levels of service for public facilities and amenities,
and identify resources required to sustain that level of service.
1.5: Embrace a culture of innovation that drives continuous improvement
and successfully serves all our customers.
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
3.2: Preserve community livability through responsible development
standards, proactive code compliance, and targeted revitalization.
Councilmember Teixeira moved to authorize a construction
contract to MTM Contractors, Inc. for the renovations and
improvements of Edgewater Drive Park located at 1925
Edgewater Drive in the amount of $762,910.50, pursuant to
Invitation to Bid 25-0019-PR, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
6.16Approve a one-year agreement with Juvenile Welfare Board (JWB) and the City of
Clearwater for funding youth programs, approve a first quarter budget amendment of
$1,000,360 in special program G2706, JWB Youth Programming, and authorize the
appropriate officials to execute same.
Since 2000, the City has received annual funding from the JWB Children's
Services Council to provide after school and summer programming for youth in
Clearwater. Once again, the City has been awarded funding for youth
programming for Fiscal Year 2026/2027 from JWB.
The funding provides the "Charting the Course for Youth" program for 281
children at the North Greenwood and Ross Norton recreation facilities
throughout the year.
"Charting the Course for Youth" is a program designed to incorporate exercise
and nutrition-based activities in an after school and summer camp setting, to
improve academic success, encourage healthy lifestyle choices, improve social
skills, increase athletic abilities, and develop leadership skills of the participants.
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The program serves school-aged children at the Ross Norton and North
Greenwood Recreation Complexes.
This grant also provides funding for swim instructors for the city's Safety Around
Water Program which provides free swim lessons during P.E. time for
McMullen Booth, Eisenhower, Skycrest, and Belleair Elementary Schools.
There is no requirement to continue the program when the grant ends.
APPROPRIATION CODE AND AMOUNT:
A first quarter budget amendment will establish special program G2706, JWB
Youth Programming and provide an increase of$1,000,360 in other
governmental revenue to account for both revenues and expenditures for this
agreement.
STRATEGIC PRIORITY:
Approval of the Agreement supports multiple Strategic Plan Objectives,
including:
1.5: Embrace a culture of innovation that drives continuous improvement
and successfully serves all our customers.
2.1: Strengthen public-private initiatives that attract, develop, and retain
diversified business sectors.
2.5: Facilitate partnerships with educational and research institutions to
strengthen workforce development opportunities.
3.1: Support neighborhood identity through services and programs that
empower community pride and belonging.
3.4: Inspire citizen participation through civic engagement and
volunteerism to build strong, inclusive, and engaged communities.
Councilmember Allbritton moved to approve a one-year
agreement with Juvenile Welfare Board (JWB) and the City of
Clearwater for funding youth programs, approve a first quarter
budget amendment of $1,000,360 in special program G2706, JWB
Youth Programming, and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.17Approve a purchase order to Rep Services, Inc., of Longwood, Florida for the purchase
and installation of playground equipment at Coachman Park located at 300 Cleveland
Street in the total amount of$350,362.74, pursuant to Clearwater Code of Ordinances
Sections 2.563(1)(c), piggyback, and 2.563(1)(d), Impractical, and authorize the
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appropriate officials to execute same.
The existing playground at Coachman Park, installed as part of the Imagine
Clearwater Coachman Park Renovation, has been widely enjoyed by residents
and visitors alike for the past three years. However, the Parks & Recreation
Department has received numerous requests from parkgoers for more shade
provisions in Coachman Park, specifically within the playground. In addition, the
sand component of the playground has proved a persistent maintenance issue
as the sand frequently gets displaced requiring constant replenishment and it
creates damage to the poured in place surfacing next to the sand.
The proposed playground equipment includes 1,792 square feet of shade from
four new shade structures, one new enclosed tube slide to replace the large
open slide and Poured in Place rubberized surfacing to replace the sand
component of the playground. The rubberized surfacing will provide for more
accessible ground activities. The materials used in the proposed playground
structure are constructed of recycled plastic materials and are made in the
USA. The proposed amenities are attractive, easy to maintain, sustainable, and
are anticipated to have a life cycle greater than 20 years, providing savings for
the City with reduced maintenance costs and longer lifespan as compared to
existing loose sand surface. The Poured in Place rubberized surface meets all
applicable safety standards.
Included in the recently approved Memorandum of Agreement between the City
and Duke Energy is a provision that Duke provides a total of$600,000 over 20
years or $30,000 a year for improvements to Coachman Park including shade
structures, playground improvements and upgrade to the electrical system
within the park. The City will provide appropriate signage recognizing Duke's
contribution to this project. Initial funding for this work will be paid for from
existing capital project funds, specifically project M2502 - Coachman Park
Improvements, and the revenue received from the Duke Energy Sponsorship
Agreement will deposit into project M2502 - Coachman Park Improvements to
help off set the costs of these improvements.
The proposed pricing from Rep Services, Inc. is based on their agreement with
the School Board of Manatee County under Contract No. 26-0041-MR. Rep
Services, Inc. was selected as one of the awarded vendors for the replacement
of park and playground equipment under this contract, which was approved by
the Manatee County School District on September 1, 2025, and expires August
31, 2030.
Rep Services has offered the City of Clearwater an additional two percent
discount on the playground equipment beyond the pricing outlined in Contract
No. 26-0041-MR resulting in a additional savings of$2,756.53 beyond the three
percent discount of$4,131.94 associated with Manatee County Contract No.
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City Council Meeting Minutes September 17, 2026
26-0041-MR for total combined savings of$6,891.57. In accordance with
Section 2.563(1)(c) piggyback, authorization is requested to piggyback the
School Board of Manatee County's Contract No. 26-0041-MR for playground
equipment and installation in the amount of$326,631.73, which includes
$52,322.20 (shade structures), $14,834.25 (playground equipment), $63,783.32
(rubber poured-in-place surfacing) and $195,691.96 (installation).
Additionally, in accordance with Section 2.563(1)(d), non-competitive purchase,
a total of$23,731.01 is deemed impractical to bid under Proposal No. 21406.09.
This amount includes $6,600.00 (engineering services), $6,689.01 (freight), and
$10,442.00 (required performance bond).
The base cost ($326,631.73) plus the impractical costs ($23,731.01) yields a
total of$350,362.74.
Upon City Council approval, the Parks and Recreation Department will proceed
with submitting the purchase request to Rep Services, Inc. to secure the
proposed pricing.
APPROPRIATION CODE AND AMOUNT:
Funds are available in capital improvement project M2502 - Coachman Park
Improvements funded by revenues from the General Fund.
STRATEGIC PRIORITY:
Funding the purchase of the new playground equipment aligns with the following
City of Clearwater Strategic Plan Objectives:
1.2: Maintain public infrastructure, mobility systems, natural lands,
environmental resources, and historic features through systematic
management efforts.
1.3: Adopt responsive levels of service for public facilities and amenities,
and identify resources required to sustain that level of service.
1.5: Embrace a culture of innovation that drives continuous improvement
and successfully serves all our customers; and
2.3: Promote Clearwater as a premier destination for entertainment,
cultural experiences, tourism, and national sporting events.
Councilmember Mannino moved to approve a purchase order to
Rep Services, Inc., of Longwood, Florida for the purchase and
installation of playground equipment at Coachman Park located
at 300 Cleveland Street in the total amount of $350,362.74,
pursuant to Clearwater Code of Ordinances Sections 2.563(1)(c),
piggyback, and 2.563(1)(d), Impractical, and authorize the
appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
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6.18Provide direction on continuing revenue-generating Amusement Activities authorized
through RFP 35-25. (Discussion Only)
In 2025, the City issued Request for Proposals (RFP 35-25) seeking innovative
temporary attractions and activities that would enhance the visitor experience
while generating additional revenue for the City. The intent of the solicitation was
to provide flexibility for vendors to propose a variety of entertainment concepts
rather than limiting responses to a single attraction.
As a result of that solicitation, the city received six proposals. The city entered
into a trial agreement with a kayak company to provide kayak services for the
public and with Interstate Amusements to operate a Ferris wheel in Clearwater.
Ferris wheel operations began during the last weekend of November 2025 in
Coachman Park and relocated in February 2026 to Clearwater Beach and
have been operating at Pier 60 Park ever since.
The flexibility of the RFP also allowed the City to authorize a temporary
trackless train during the 2026 Sugar Sand Festival, creating an additional
revenue opportunity.
During the original procurement process, one of the stakeholders expressed
concern that the scope of the RFP was too broad and that it needed to be more
specific and bid out again. Since the intent of the RFP was to secure new
revenue sources staff proceeded to enter into a trial contract to see if it would
be profitable and accepted by the public. If feedback was positive a new RFP
could be considered.
Performance Update
Since operations began in late November 2025, the Ferris wheel has generated
$91,714.62 in revenue for the City. Additionally, the temporary trackless train
operated during the Sugar Sand Festival generated $4,067.20 in revenue.
Combined, these attractions have generated $95,781.82 in City revenue through
July 2026
Revenue by month:
Month Revenue
November* $921.60
December $3,666.82
January $5,336.20
February $6,029.20
March $15,908.40
April $16,831.60
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City Council Meeting Minutes September 17, 2026
May $10,345.60
June $14,470.00
July $18,205.20
*Operations began during the last weekend of November.
Discussion
Based on the eight full months of operation, the agreement has demonstrated
the City's ability to generate additional revenue through temporary amusement
attractions while providing another activity for residents and visitors. As the
current agreement continues, staff is seeking Council direction regarding future
procurement and operational strategy. Options include:
Option 1 - Continue with Current Contract
• Continue utilizing the existing agreement and broad procurement model
for temporary attractions.
• Allows flexibility to consider multiple attraction types as opportunities
arise.
Option 2 - Issue a New Targeted Solicitation RFP.
• Develop a new RFP with more specific requirements regarding the type,
location, duration, or number of attractions.
• Addresses feedback received during the original procurement process
regarding the broad scope of the solicitation and competing proposals
for similar attractions.
• Could provide greater clarity to prospective vendors and stakeholders.
• Could provide for more revenue than current contract.
Option 3 - Discontinue the Program
• Allow the current activity to conclude after one year and discontinue
temporary amusement attractions on City property in November 2026.
• Eliminate the associated revenue opportunity while also addressing
concerns related to the attraction's presence.
Requested Council Direction
Staff requests Council direction regarding the future of the City's temporary
amusement attraction program by indicating whether Council wishes to:
1. Continue under the current agreement and procurement approach;
2. Develop and issue a more narrowly defined solicitation (RFP), for future
attractions; or
3. Discontinue the program following completion of the current agreement.
Staff requested the item be continued to a date uncertain.
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6.19Authorize a purchase order to Angelo's Aggregate Materials, Ltd. dba GFL
Environmental of Detroit, MI for Yard Waste, Class III Waste, and Construction Demolition
Debris Disposal in the not-to-exceed amount of$5,550,000.00 for a five-year term,
October 1, 2026 through September 30, 2031, with one, two-year renewal option,
pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative purchasing
and authorize the appropriate officials to execute same.
On April 15, 2026, the City of Clearwater entered a cooperative bid with the City
of Largo, Bid No. 26-B-858, for Yard Trash, Class I I I & Construction Demolition
Debris Disposal, and three responsive, responsible bidders responded to the
solicitation on April 29, 2026. However, GFL Environmental was the only
provider that could accommodate unsorted/bagged debris. The bid amount
includes a 3% increase which equals $1.32 per ton in tipping fees from the
previous contracted term which Council approved, most recently, on August 1,
2024, a two-year renewal option for $2,300,000.00 that expires on September
30, 2026.
This vendor is used by Solid Waste and Recycling for the disposal of yard
waste, class III waste, and construction demolition debris. Yard waste is
collected by Solid Waste and Recycling and directed to GFL Environmental as
opposed to the Pinellas County landfill. Additionally, collection of construction
debris in Clearwater is an open market where contractors can contract with
Solid Waste and Recycling or contract with any registered vendor. When
contracted for this service, Solid Waste and Recycling collects the debris and
directs it to GFL Environmental to be processed for materials that can be
recycled. City of Clearwater departments are required to use Solid Waste and
Recycling for City of Clearwater construction projects per Administrative Policy
number 7011 (Use of Roll-off Construction Container Services for City
Facilities).
APPROPRIATION CODE AND AMOUNT:
Total annual funding for the current year's portion of this award is budgeted in
the FY25/26 operating budget for Solid Waste/Recycling ($940,000.00) cost
codes:
• 4242082-543500, Dump Fees
• 4242089-543500, Dump Fees
Additional funding for departments outside Solid Waste and Recycling will come
from various operating cost centers. Funding will be provided by the General
Fund for Parks and Recreation ($20,000.00) and Public Works ($150,000.00):
Streets & Sidewalks, Engineering and Urban Forestry. Contract usage by
Public Utilities is funded by the Water and Sewer Utility Enterprise Fund and
CGS Energy will be funded by the Gas Utility Enterprise Fund revenues.
Funding for future years will be requested as part of the annual budget process
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by each department and their respective cost centers.
STRATEGIC PRIORITY:
This item falls under objective 1.3 (adopt responsive levels of service for public
facilities and amenities) within High Performing Government and objective 4.2
(waste reduction practices) within Environmental Stewardship.
Vice Mayor Cotton moved to authorize a purchase order to
Angelo's Aggregate Materials, Ltd. dba GFL Environmental of
Detroit, MI for Yard Waste, Class III Waste, and Construction
Demolition Debris Disposal in the not-to-exceed amount of
$5,550,000.00 for a five-year term, October 1, 2026 through
September 30, 2031, with one, two-year renewal option, pursuant
to Clearwater Code of Ordinances Section 2.563(1)(c)
Cooperative purchasing and authorize the appropriate officials to
execute same. The motion was duly seconded and carried
unanimously.
6.20Approve a purchase order to Pinellas County Solid Waste for the disposal of solid waste
at the Pinellas County waste-to-energy plant/landfill in the not-to-exceed amount of
$6,000,000.00 for the period October 1, 2026 through September 30, 2027, pursuant to
Clearwater Code of Ordinances, Section 2.563 (1) (a), Single Source, and authorize the
appropriate officials to execute same.
Pinellas County Solid Waste (PCSW) operates the only waste-to-energy plant
and landfill in the county. All putrescible solid waste collected by the city is
taken to this facility. During the most recently completed fiscal year (FY25) the
City of Clearwater Solid Waste department took approximately 93,000 tons of
solid waste to PCSW.
Effective 10/1/26, the tipping fee for PCSW will be raised to $63.57 per ton up
from $58.86 per ton in FY26. This represents a rate increase of 8.0%.
Additionally, the tire fee will increase from $180.00 to $210.00 per ton. This
represents a rate increase of 16.7%.
Pinellas County Solid Waste has been dealing with an issue with their Waste-to
Energy Plant's turbines and has requested Clearwater Solid Waste divert its
waste to other landfill locations. Beginning October 1, Clearwater Solid Waste is
now coordinating temporary transport to the Heart of Florida Landfill until their
plant's projected return to full operation in December 2026, with estimated
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City Council Meeting Minutes September 17, 2026
savings of$3.56 per ton through September 30 and $8.57 per ton beginning
October 1.
On May 5, 2026, Pinellas County Solid Waste notified Clearwater Solid Waste
that their Waste-to-Energy Plant's turbines were out of service for repairs and
requested Clearwater Solid Waste divert its waste to Manatee County from
June 8 through July 20. This resulted in savings of approximately $139,143.00.
Starting October 1, 2026, Clearwater Solid Waste is coordinating with Pinellas
County Solid Waste to have Clearwater waste temporarily diverted to Heart of
Florida Landfill through December 2026 when turbine repairs are projected to be
complete. Clearwater Solid Waste is estimated to save $8.57 per ton for waste
diverted to this alternative location.
APPROPRIATION CODE AND AMOUNT:
Funds are included in the requested FY 2026/27 Operating Budget of the Solid
Waste Fund. The expenditure allocation is as follows:
4242082-543500, Dump Fees
4242083-543500, Dump Fees
4242089-543500, Dump Fees
Operating and capital expenses of the Solid Waste Department are funded by
revenues from the Solid Waste and Recycling Utility Enterprise Fund.
STRATEGIC PRIORITY:
This item falls under objective 4.2 (Adopt renewable resource usage and waste
reduction practices to ensure a vibrant City for current and future generations.)
under Environmental Stewardship.
Councilmember Teixeira moved to approve a purchase order to
Pinellas County Solid Waste for the disposal of solid waste at the
Pinellas County waste-to-energy plant/landfill in the
not-to-exceed amount of $6,000,000.00 for the period October 1,
2026 through September 30, 2027, pursuant to Clearwater Code
of Ordinances, Section 2.563 (1) (a), Single Source, and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
6.21Approve three Agreements for Disaster Recovery Consulting Services between the City
of Clearwater and IEM International Inc.-Primary, Hagerty Consulting, Inc.-Secondary, and
Tidal Basin Government Consulting, LLC-Tertiary.
Upon declaration and eligibility for Federal Emergency Management
Administration (FEMA) Public Assistance, a Disaster Recovery Consulting
Services firm will be selected in ranked order.
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City of Clearwater
City Council Meeting Minutes September 17, 2026
Per the Notice of Intent to Award dated July 15, 2026 for Request for Proposal
No. 35-26 Disaster Recovery Consulting Services submissions, the
recommended firms, in ranked order, are as follows: IEM International
Inc-Primary, Hagerty Consulting, Inc.-Secondary, and Tidal Basin Government
Consulting, LLC.-Tertiary.
In each of the attached agreements, Scope of Services is outlined in Exhibit A,
Insurance Requirements are outlined in Exhibit B, and Standard Terms and
Conditions are outlined in Exhibit D.
The Consulting companies are paid once their services are needed. If no event
requires their services, the City will not incur any fees. The fee for services will
be based on the actual hours of services furnished multiplied by Contractor's
billing hourly rates. (Attachment C) The hourly rates are fully burdened to
include overhead, profit, and non-labor expenses.
This term of the agreement is effective on the date written on the agreement
and will be in effect for three years with the option to renew for one additional
two-year renewal period.
APPROPRIATION CODE AND AMOUNT:
Funds will be available in special program 99927, Emergency Operations to
fund costs associated with this agreement.
STRATEGIC PRIORITY:
Foster safe and healthy communities through first-class public safety and
emergency response services.
Councilmember Allbritton moved to approve three Agreements
for Disaster Recovery Consulting Services between the City of
Clearwater and IEM International Inc.-Primary, Hagerty
Consulting, Inc.-Secondary, and Tidal Basin Government
Consulting, LLC-Tertiary. The motion was duly seconded and
carried unanimously.
6.22Approve payment of$130,529.41 from the Central Insurance Fund to Fleet/General
Services to settle claim 25000218 for damages to vehicle G4858, a 2020 Ford F-550
CCTV truck used for sewer line inspections, pursuant to Clearwater Code of Ordinances
Section 2.645, Payment of claims.
On April 9, 2025, vehicle G4858, a 2020 Ford F-550 CCTV truck used for sewer
line inspections, suffered water intrusion due to previous roof damage that was
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City of Clearwater
City Council Meeting Minutes September 17, 2026
not successfully repaired, flooding the control room and damaging the onboard
electronics. The vehicle was appraised and deemed to be a total loss.
On February 19, 2026, City Council declared vehicle G4858 surplus, to be
disposed by auction or trade-in, and approved the purchase of a replacement
vehicle from Cues, Inc. for $514,399.74. Vehicle G4858 was sold at auction for
$117,322.85, net of fees.
The payment from the Central Insurance Fund is calculated as the vehicle's
Actual Cash Value (ACV) of$247,852.26 per the appraisal, less the auction
proceeds of$117,322.85. This payment will be used to offset the cost and
reduce the internal financing required to fund the replacement vehicle.
APPROPRIATION CODE AND AMOUNT:
5907590-545900 $130,529.41
Funds are available in the Central Insurance Fund cost code 5907590-545900,
Insurance Claims-Liability, to fund this payment. The Central Insurance Fund is
an internal service fund of the City which accounts for all insurance related
costs.
STRATEGIC PRIORITY:
1.1 Provide evidence-based measurement tools to continually guide municipal
performance and promote accountable governance.
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
Councilmember Mannino moved to approve payment of
$130,529.41 from the Central Insurance Fund to Fleet/General
Services to settle claim 25000218 for damages to vehicle G4858, a
2020 Ford F-550 CCTV truck used for sewer line inspections,
pursuant to Clearwater Code of Ordinances Section 2.645,
Payment of claims. The motion was duly seconded and carried
unanimously.
6.23Approve the purchase of excess liability, workers compensation and various specialty
insurance policies from October 1, 2026 through September 30, 2027, in the not to
exceed amount of$1,550,000.00 pursuant to Clearwater Code of Ordinances Section
2.563(1)(i), Insurance, and authorize the appropriate officials to execute same.
The Risk Management Division of the Finance Department purchases certain
excess and specialty insurance policies through the efforts of Arthur J.
Gallagher Risk Management Services, LLC, pursuant to the Client Services
Agreement approved by City Council on August 6, 2026. These policies include
the following:
1. Ambridge Public Entity Excess Liability Package through Lloyd's Syndicate
4711, Lloyd's Syndicate 1686, Lloyd's Syndicate 2987, Endurance Worldwide
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City of Clearwater
City Council Meeting Minutes September 17, 2026
Insurance Limited, and United Specialty Insurance Company for the following
coverages: General Liability (including EMS Operations Liability), Automobile
Liability, Errors & Omissions, Law Enforcement Liability, Sexual Harassment,
Sexual Abuse, Employee Benefits Liability, Automobile & Mobile Equipment
Physical Damage (over-the-road only), Crime, Failure to Supply Water, and
Excess Employers' Liability (incidental USL&H and Jones Act Coverage);
2. Excess Workers Compensation through Safety National Casualty
Corporation for Workers Compensation and Employer's Liability;
3. Marina Liability package through Great American Insurance Company; and
4. Additional specialty policies through various insurers for Cyber Liability, Third
Party Storage Tank Liability, Hull Protection & Indemnity, Fiduciary Liability and
numerous flood policies. Unmanned Aircraft (Drone) Liability now renews with
the property insurance program effective April 1, 2025.
Premium Renewals:
1. The renewal premium for the Ambridge Public Entity Excess Liability
Package policy is $532,440.00, a 10.65% decrease from the expiring premium.
2. The renewal premium for the Excess Workers Compensation policy is
$559,357.00, a 4.83% decrease from the expiring premium.
3. The renewal premium for the Marina Liability package is $51,713.00, a 5.72%
decrease from the expiring premium.
The new Client Services Agreement with Arthur J. Gallagher Risk Management
Services, LLC, provides for an annual flat fee of$195,000 in lieu of broker
commissions for certain policies. The above policies renewing on October 1 st
reflect a decrease because broker commissions totaling $167,239 are not
included in the premiums. The Cyber Liability, Third Party Storage Tank
Liability, and Hull Protection & Indemnity placements will also be included in the
annual flat fee as they renew, as well as the property insurance policies which
will be presented to City Council for approval prior to the April 1 st renewal. The
Fiduciary Liability and flood insurance policies will be subject to standard broker
commissions to be included in the premiums as they renew.
Risk Management is estimating an average increase of approximately 25% for
the specialty policies. The premiums will come due at various times throughout
the coming fiscal year as the policies renew. The need to approve these
amounts now is two-fold:
1. The City pays the premiums through one purchase order to its broker, Arthur
J. Gallagher Risk Management Services, LLC, who then pays the various
insurers on the City's behalf.
2. Typically, the City has 30 days to pay most invoices; however, insurance
premiums are due immediately on demand and therefore there would be
insufficient time to bring the individual premium requests to City Council for
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City of Clearwater
City Council Meeting Minutes September 17, 2026
approval.
The total requested not to exceed amount of$1,550,000.00 reflects a decrease
of 0.88% from the current year actual amount of$1,563,839.24, inclusive of the
reduction for broker commissions. The total request would have reflected an
increase of 9.8% net of the new commission structure.
APPROPRIATION CODE AND AMOUNT:
5907590-545100 $1,550,000.00
Funds are available in the Central Insurance Fund cost code 5907590-545100,
Insurance Premiums, to fund these policies. The Central Insurance Fund is an
internal service fund of the City which accounts for all insurance related costs.
STRATEGIC PRIORITY:
1.1 Provide evidence-based measurement tools to continually guide municipal
performance and promote accountable governance.
1.2 Maintain public infrastructure, mobility systems, natural lands, environmental
resources, and historic features through systematic management efforts.
Vice Mayor Cotton moved to approve the purchase of excess
liability, workers compensation and various specialty insurance
policies from, October 1, 2026 through September 30, 2027, in the
not to exceed amount of$1,550,000.00 pursuant to Clearwater
Code of Ordinances Section 2.563(1)(i), Insurance, and authorize
the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
6.24Appoint Patricia Geraldi to the Sister Cities Advisory Board, as the Sister Cities, Inc.
representative, with an unexpired term through July 31, 2027.
APPOINTMENT WORKSHEET
BOARD: Sister Cities Advisory Board
TERM: 4 years
APPOINTED BY: Sister Cities Advisory Board
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: One member of the City Council
MEMBERS: 6 + 1 At-large member
CHAIRPERSON: NA
MEETING DATES: Quarterly
PLACE: Council Chambers
APPOINTMENTS NEEDED: 1
SPECIAL QUALIFICATIONS: Representatives of Clearwater Sister Cities, Inc.,
the local business community, the School Board's World Language Coordinator
or designee, and the Clearwater Arts Alliance shall not be required to reside
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City of Clearwater
City Council Meeting Minutes September 17, 2026
within the City of Clearwater.
THE FOLLOWING ADVISORY BOARD MEMBER IS NO LONGER ABLE TO
SERVE AS THE SISTER CITIES INC. REPRESENTATIVE:
1. Stephanie Chill -2165 Hartford Way, 33763 - Sister Cities, Inc.
Representative
Note - currently serving as the resident with an arts
education/professional background
SISTER CITIES, INC. HAS IDENTIFIED THE FOLLOWING INDIVIUAL AS
THEIR REPRESENTATIVE:
1. Patricia Geraldi -2821 Anderson Dr. North, 33761- Sister Cities, Inc., Vice
President
Councilmember Teixeira moved to appoint Patricia Geraldi to the
Sister Cities Advisory Board, as the Sister Cities, Inc.
representative, with an unexpired term through July 31, 2027.
The motion was duly seconded and carried unanimously.
6.25Confirm the Mayor's appointment of Kathy Ourts to the Clearwater Housing Authority
Board, as the representative employed within city limits, with a term beginning October 1,
2026 and ending October 1, 2030.
APPOINTMENT WORKSHEET
BOARD: Clearwater Housing Authority
TERM: 4 years
APPOINTED BY: Mayor, Approved by City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater, except for the Public
Housing Resident
SPECIAL QUALIFICATIONS: 1 member shall be a Program Recipient -
Clearwater residency not required. 2 members can be Pinellas County
residents who are employed within city limits.
Clearwater residency not required.
Note - The appointment is made by the Mayor and confirmed by City Council.
MEMBERS: 5
CHAIR: Caitlein Jammo
MEETING DATES: 4th Friday, 9:00 a.m. (Every other month)
PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755
APPTS. NEEDED: 1
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City of Clearwater
City Council Meeting Minutes September 17, 2026
THE FOLLOWING ADVISORY BOARD MEMBER IS COMPLETING A
THIRD TERM AND IS NOT SEEKING REAPPOINTMENT:
1. Caitlein Jammo - 1408 25th Ave S, St. Petersburg -Attorney, Johnson
Pope Law Firm
THE MAYOR HAS SELECTED THE FOLLOWING APPLICANT FOR THE
APPOINTMENT:
2. Kathy Ourts - 2338 Messenger Circle, Safety Harbor - Frontier
Communications Sales Director
Councilmember Allbritton moved to confirm the Mayor's
appointment of Kathy Ourts to the Clearwater Housing Authority
Board, as the representative employed within city limits, with a
term beginning October 1, 2026 and ending October 1, 2030. The
motion was duly seconded and carried unanimously.
7. Citizens to be Heard on topics pertaining to city business but not on the agenda.
Kelly Myer expressed concerns with the current process to speak on an
agenda item that garners a lot of public interest and requires individuals
to get in line hours before the meeting. She questioned how a vacation
request could be heard when the applicant does not own the property in
question.
Christopher Cohen supported Constitutional Amendment 3.
Janice Basler said individuals cannot get in line to speak on an agenda
item hours before the meeting.
8. City Manager Reports — None.
9. City Attorney Reports
9.1 Provide direction on Referendum Petition 26-01 which is a citizens petition to repeal
Ordinance 9907-26.
The City Attorney said he discussed the citizens initiative petition during
his weekly one-on-ones with council over the past couple of weeks. The
City's charter allows two different types of citizen petitions: 1) initiative
petition - a group has a proposed ordinance that seeks to add something
to the code, and 2) referendum initiative - a group seeks to repeal an
existing ordinance. Once the petitions are submitted with the signatures,
the charter directs the city clerk to review the petitions and issue a
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City of Clearwater
City Council Meeting Minutes September 17, 2026
certificate. If the petitions are found insufficient, the citizens committee
has an opportunity to amend their submission. He said eventually the
matter would go before Council for some type of determination. Last year
the City received a citizens petition from the Save the Garden
Committee, which is considered citizens petition #1, which was ultimately
determined to be insufficient due to lack of required signatures. On May
21, 2026, Council approved the City Clerk's certificate, which was the final
determination for the first petition. He said the next day the City was sued
in State court by the Save the Garden Committee. The City Attorney said,
with Council's approval, he hired Bryant Miller Olive Law Firm (BMO) as
outside counsel who moved the matter to federal court. The two BMO
attorneys assigned to the case have expertise in land use law. He said a
question was raised during the first petition process if it violated any type
of state law. In June, the City filed a response to the injunction, which
devoted five pages to F.S. 163.3167(8) - the Growth Policy, Land
Development Regulation. He said the cited statute provides a statutory
framework for local comprehensive planning, growth management, and
land development regulations. Subsection 8 prohibits initiative and
referendum proceedings in relation to a development order, a land use
regulation, and a comprehensive plan amendment. He said the judge
did not rule on that matter but dismissed the injunction on several other
grounds. The Save the Garden Committee voluntarily dismissed the
case after a couple of weeks. Outside counsel opined that the petition
seeking to add to the code to require a referendum for a right-of-way
vacation in the Downtown CRA area violated state law because the
Community Development Code requires a text amendment because it
lists the streets in the Downtown District. Save the Garden filed a
second petition after Ordinance 9907-26 was adopted, which vacated the
right-of-way on Garden Avenue. Outside counsel believes the second
petition violated state law because it violates F.S.163.3167(8)a, which refers
to an initiative or referendum proceeding in relation to a development
order is prohibited as vacating the right-of-way is a necessary step in the
development process. The development cannot occur if Ordinance
9907-26 is repealed.
The City Attorney said he is seeking direction on next steps. The City
received a petition yesterday with over 10,000 signatures from Save the
Garden and the city charter requires the city clerk to go through the
petition verification process and the city clerk certificate is presented to
council for a vote. If Council fails to repeal the ordinance, the matter is
referred to the voters. He said the Church of Scientology could initiate
legal action against the City and Save the Garden. He said Council could
also direct him to file a declaratory judgement relating to the current
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City of Clearwater
City Council Meeting Minutes September 17, 2026
petition violating state law and could add Save the Garden and the
Church of Scientology as defendants. Another option for Council to
consider is not to process the repeal petition based on legal analysis. He
said Council could also request an Attorney General's opinion.
In response to questions, the City Attorney said the Save the Garden
Committee submitted a letter with their petitions that requested the
Pinellas County Supervisor of Elections (SOE) to conduct the petition
verification process. Earlier this year, the City Clerk reached out to the
SOE to verify the first petitions and they declined because they did not
believe they had authority to conduct the petition verification. He said he
sent an email this morning to the SOE asking if they would conduct the
petition verification process and cited the city charter, Section 6.06a, that
states, "...the city clerk or other official designated by City Council"shall
complete the certificate." The SOE's General Counsel responded earlier
today and agreed to conduct the petition verification process. The City
Attorney said the SOE will charge $0.10 per signature. He said a motion
will be needed to designate the SOE to conduct the petition verification.
The City Clerk said there were no overtime fees associated with the first
petition verification because employees are salaried. The City Attorney
said the Attorney General is not obligated to respond to an opinion
request.
Discussion ensued with support expressed to have the SOE conduct the
petition verification process, require the Save the Garden Committee pay
the petition verification since they requested the SOE to review the
petitions, and to seek an Attorney General opinion.
One individual supported the SOE conduct the petition verification and
opposed the fee be paid by the Save the Garden group.
One individual supported honoring the Save the Garden's request to
have the petitions verified by the SOE but expressed concern with the
petition as state law does not allow petitions to cover land development
subjects.
One individual spoke in support.
There was consensus for the City Attorney to draft and submit a letter to
the Attorney General requesting an opinion if the repeal petition violates
state law.
Councilmember Mannino moved to send the petitions to the
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City of Clearwater
City Council
Meeting Minutes September 17, 2026
Supervisor of Elections to process and validate signatures and
request the Petitioners to pay the cost for the Supervisor of
Elections to verify. The motion was duly seconded and carried
unanimously.
10. Other Council Action
10.1Approve City
10.2Approve City
Manager 2027 Goals.
AND
Attorney 2027 Goals.
STRATEGIC PRIORITY:
High Performing Government - 1.1 Provide evidence -based measurement tools
to continually guide municipal performance and promote accountable
governance.
Councilmember Mannino moved to approve Items 10.1 and 10.2. The
motion was duly seconded and carried unanimously.
11. Closing comments by Councilmembers (limited to 3 minutes)
Councilmembers thanked all who attended and participated tonight.
12. Closing Comments by Mayor — None.
13. Adjourn
Attest
The meeting adjourned at 12:10 p.m.
Mayor
City of Clearwater
Page 44
City of Clearwater
CaII, Rosemarie
From: Anna Stamas <annastamas@gmail.com>
Sent: Monday, September 14, 2026 4:32 PM
To: Call, Rosemarie
Subject: Objected to ordinance 9889-26 (Hearing September 17)
Attachments: 2026-09-14 15-27.pdf;.ATT00001.txt
CAUTION: This email originated from outside of the City of Clearwater. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Re: Ordinance 9889-26
Delivered herewith for filing in the Record are my Objections to the approval of this Ordinance, which is
scheduled for first reading and a public hearing to be held on September 17. I am requesting these
attachments be made part of the record for that hearing. I understand that you will deliver copies of this
to all of the concerned officials.
Please confirm receipt.
Thank you.
Edmund S Whitson, Jr.
Sent with Genius Scan for iOS.
https://tglapp.com/e/scan
1
To Mayor Rector and all City Council Members September 14, 2026
Re: September 17 Hearing on Ordinance No 9889-26 vacating streets in Brooklawn'
Subdivision
I am enclosing my letter to the City Attorney which explains why this Ordinance
should be defeated. It contains my strong legal objections to vacating the public streets in
Brooklawn Subdivision. My family and I have owned nine lots there for nearly one hundred
years. This letter explains how the Vacation deprives all of these 9 lots of any public access
whatever and deprives 8 of them of any kin&oiaccess t all. The only access which would
remain for any of my lots would be a restricted Private Easement which is litvited_to._o_niY
o_n_�4o3. This Easement would be through the adjacent GATED enclave controlled by the
Clearwater Village HOA. Such an Easement has not been accepted or agreed to by me. This
is to be a unilaterally imposed PRIVATE EASEMENT. The_practical effect of this Vacations
to involuntarilyincorporate my oloperty into that privsate gated enclave. That is not an
allowable public purpose.
I never expected to have to defend my property rights in the City where I was born
eighty five years ago, and which I represented as its State Representative in the Florida
legislature for eight years (1966-1974). During that time, the legislature enacted the Home
Rule Powers Act. No one then expected that law to be employed for such anegregious
abuse of constitutional property rights. Indeed, as then Attorney General Ashley Moody
(now our US Senator) has written, "....no legislative body (whether state, county, or
municipal) is authorized to invade private property rights...." (AGO 78-125). My letter cites
Florida Supreme ccaa rulings which fully support my Objections.
My letter explains why this Ordinance will compel me to sue the City for
compensation for a "Taking" of my property rights in an action for Inverse Condemnation.
This will expose the City to considerable Liability. Likely this will result in the City having to
pay substantial compensation and costs, including Court -awarded reimbursement for
attorneys' fees In short, theCity could wind up having to pay a lot of money for what is here
proposed to be given away to Clearwater Village "for free"
I don't want to sue the City but I will be forced to if this passes. All that I expect is to
be and allowed to build much needed housing on thexe fisting planed and dedicate obi
streets. The City's record will show that this property was accepted by the City for that
purpose when I had the lots annexed into the City many years ago. I hope you will agree
th -t this Ordinance should be rejected.
and S.
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Mr. Owen Lee Kohler September 14, 2026
Clearwater City Attorney
Re: Ordinance No. 9889-26, Public Hearing on September 17, 2026. First Reading.
This concerns my Objections to enactment of this Ordinance. The Ordinance would
vacate public streets which affect nine lots owned by me. These lots have been owned by
my family since the early 1930's and we have paid taxes on them for nearly 100 years. Years
ago, I had them annexed into Clearwater so they could be developed at the request of the
late Al Rogero, a local developer.
I thought you might take an interest in this because of the very real likelihood that
passage of this Ordinance will lead to an action for inverse Condemnation as provided by
the ruling in Pinellas Countyv Austin (2.DCA 1975)323 So. 2d 6). The ruling in Austin would
be the basis for an action for compensation for a "Taking': Approval of this Ordinance
would deprive all of my nine lots of any public access and eight of my lots on Shore Drive of
any access at ad. It would expose the City to a substantial liability claim.
I am attaching my letter of September 9, 2026, to Lauren Matzke with Objections.
Also included is my earlier letter to her dated October 15, 2025, with Objections to what
was initially a Replat application. This contains a thorough brief of facts with citations of
legal authorities. Please consider these letters as part of this letter.
The obvious purpose of this Ordinance is to allow Clearwater Village, a gated
enclave which adjoins Brooklawn Subdivision, to expand its private enclave to engulf most
of the undeveloped part of Brooktawn Subdivision, including my Lot 1, Block P,. on
Woodlawn Terrace. This effort began with an application for a Replat which seems to have
been sidelined after my October 15 objections to staff. On December 1, 2025, Ms. Matzke
responded to my Objectionsto the initial Replat application with email saying "Unless
changes are made, it is not something we can approve." That was the only response to my
Objections: I was not notified of this new Application to Vacate nor given any opportunity to
object or be heard by staff. Most deplorably, I was given no Notice whatever until receiving
the Notice of Public Hearing a week ago.
By this Ordinance, Clearwater Village is attempting to forceand legislatively compel
the involuntary inclusion of my lot into the planned expansion of the gated Clearwater
Village into a new Replat of Brooklawn Subdivison, in which there,are to be no public
streets whatever. By vacating Woodtawn Terrace and the abutting"no name' street the only
means of access to my Lot 1, Block P, will be eliminated. The only possible access would
then become the proposed private Easement to be provided by Clearwater Village. This
access will be through the existing private gated entrance to Clearwater Village which is
located upon private property owned by them adjacent to Brooklawn. IHAT_PRIYAIE
_EASEMENT DOESOTALLO_WIUBLI_C SE:or access._ It is subject to recorded restrictions
requiring it to remain private. By vacating Woodlawn Terrace, my lot will thereby be deprived
of any public access and I would be forced to access it only through a private easement
controlled by the HOA. This would violate my protected property rights.
Clearwater Village proposes that the City approve a private Easement as a
substitute for the vacated Public R.NVaccess. This has not been agreed or accepted by
me, Edmund S. Whitson, Jr., as owner of the affected Lot, nor will it be. l well
settled that a conveyance of an interest in re ptopeily_n2ust be accepted by the grante_ein
order to be effective.
The recorded Easement, prepared and secretly recorded by Brian Aungst, was not
signed by me, nor requested by me nor approved by me. Its recitations to that effect are
false. It was recorded without my knowledge or approval. It was not accepted. It violates
the Statute of Frauds. Mr. Aungst has agreed to remove it from the record and recant
anything indicating that it had been done at my request or with my approval. He indicated
he would instead propose.a new easement document which will be a unilaterally imposed
Easement. He thinks this is allowed by F S.704.09. It would not be consensual. (see
attached emails). I have not yet been provided with that new document.
According to the City staff comments, that recorded Easement was not reviewed
before it was recorded. The City Surveyor and Mapper commented, "Recorded access
easement crosses public RNV and private lot - not sure how it was allowed to be recorded
at the County; there was no City review."
What's more, there has been no title search and opinion of title to the proposed
easement (as is required by F.S. 177.041 for platting). This is a critical omission, The
proposal is woefully inadequate to assure the provision of necessary public and private
services to my lot and any assurances for future access, access to utilities or maintenance.
It is solely under the control of a HOA.
I have objected that my right to PUBLIC ACCESS, as provided by the dedicated plat
of Brooklawn, is a private property right which cannot be abrogated by the City Ordinance.
According to the Attorney General, the City has no power to deprive me of that right by
vacating the streets. The Florida Supreme Court has ruled that there is a private right to
have the space marked on the plat as streets and roads remain open for public ingress and
egress as indicated by the designation on the plat City of Miami v. Florida East Coast Ry
Co., 84 So 726, 729 (Fla 1920) See also, Monett v. Golfview Road Association, 359 So. 2d 2
(4 D.C.A. Fla., 1978), and cases cited in 4pii]ion of Attorney General, AGO 78-118,
2
Therefore, according to the Supreme Court, if the City were to compel me to use a
substituted private easement rather than a dedicated public street it would be unlawful
and unconstitutional. This is because the autstituted private easements not p�►o i e
the same rights as the platted and dedicatesipilblic stree s,Thus, enactment of this
Ordinance would be a "Taking" of property without just compensation and would subjept
the City to liability for such compensation for Inverse Condemnation, including the award
of attorneys' fees.
******************
I am also the owner of 8 more lots in Brooklawn which abut Shore Drive. Shore Dr.
directly connects to Woodlawn Terrace, which is to be vacated, to provide access to the
subdivision's eastern entrance at Kings Highway. That entrance is partially paved, for at
least 100 feet. Those lots are Lots 21 and 22, Block 0 and Lots 6,7,8,9,10 and 11, Block P.
Woodlawn Terrace and Shore Drive, together, provide the only rights of way for ingress and
egress to these lots. Vacating Woodlawn Terrace wilt actually deprive my 8 lots of any
access at all because Shore Drive has no other access. It has no accessible outlet. Its use
as access is blocked completely. (It may noted that the proposed private easement
provides no access to these lots. Even were it to do so, it would, of course, not alter or
negate my objections). The plat of Brooklawn shows that Shore Drive connects to the West
with Poinsettia, which then connects to the Western end of Woodlawn Terrace, then
remotely arriving at the Western entrance to Brooklawn at North Betty Lane. Shore drive is
not paved. Only a portion of Poinsettia (about 210 feet) is presently paved, but is
substantially substandard. What's more, unpaved Shore Drive is bisected and completely
blocked, to the West of the Whitson lots, by a large Wetlands outfall drainage canal, as is
shown in City records and those of the Southwest Florida Water Management District. So,
Shore Drive provides no available access for these lots.
Furthermore, vacating Woodlawn Terrace will render Shore Drive an illegal 800 ft.
dead-end street. Paving of Shore Drive will be prevented because of the City's dead- end.
ordinance, Sec 3-1906, Division 19, Subdivision Design Standards, Community
Development Code. This limits such a street to 600 feet. Moreover, pavement of Shore
Drive is also btocked_bv the City's wetlands and dleltelopment regulations, according to City
staff.
3
In the Austin case, cited above, the Supreme Court held that the right of access is a
property right and held the County liable for a R/W vacation. The Court allowed the
recovery of Compensation by a land owner under the theory of Inverse Condemnation,
where the owner's right of access to property had been taken by the vacation of,a street
"without due process of law and without compensation": The Court further said,
"Therefore, even wh e • • u •L c • o • I . • o • el e cise • :its discretion in determinin tQ
vacate a street, a property ovine[ my be entitled to_compen]ation-for tJ1e consequent loss
of access".
This is patently a thinly disguised "cramdown" ordinance. It obviously is not in the
public interest. Rather, it clearly only benefits the private interest of Clearwater Village
which seeks to expand its gated enclave. It is indeed an unprecedented trampling on
constitutional private property rights. It is a "Taking" which is compensable under the ruling
in Pinellas Co. v Austin.
According to the Florida Attorney General, "....The power to vacate streets cannot be
exercised in an arbitrary manner, without regard to the interest and convenience of the
public or individual rights." See. AGO 78-118, written by then Attorney General Ashley
Moody, (now U.S. Senator), which also declares that the authority to vacate dedicated
streets " must be lawfully exercised in the interest of the general public welfare and may
not invade or violate individual property rights.
If I am compelled to sue the City for damages for Inverse Condemnation the City
could wind up paying a lot of money for what they are now giving away to Clearwater
Village. I am advised this would include an award of attorneys' fees. However, I would much
prefer to avoid any litigation if possible. This Proposed Ordinance should not even be
considered, in view of the authorities I have cited.
Hopefully, my objections might be considered before the Ordinance comes up for
First Reading. I ask that you please make this letter with the attachments part of the record
fohe public hearing September 17, 2026.
S
Ed und .Whits'n,Jr.
cc. Murray M. Wadsworth, Jr.
Attorney at Law
241 John Knox Road, Ste. 200
Tallahassee, Florida, 32303
cc. Mayor and Council Members
--Original Message ----
From: Edmund Whitson <edmundwhitsonl@gmail.com>
Sent Thursday, September 10, 2026 1:34 PM
To: R. Carlton Ward <RCW@macfar.com>
Subject: Correction to last email
Sent from my IPad
I received a voicemail from Brian yesterday. I look forward to seeing the new Easment document he plans
to prepare. I trust that, unlike the last one, ft will NOT be another attempt to force my property to become
part of a gated Scientology enclave.
Sent from my IPad
Begin forwarded message:
From: "R. Carlton Ward" <RCW@macfar.com>
Date: September 10, 2026 at 2:06:37 PM EDT
To: Edmund Whitson <edmundwhitson1@gmail.com>
Cc: "Brian J. Aungst Jr." <BJA@macfar.com>, "Clay A. Gilman" <cgilman@macfar.com>
Subject: RE: Correction to last email
Ed,
We are working on the revised easement and it will not require your lot to be part of an HOA.
Carlton
R. Cartton Ward, Esq.
625 Court Street, Suite 200 Clearwater, FL 33756
P.O. Box 1669, Clearwater, FL 33757
Office: 727.441.8966
Direct 727.441.2861
Mobile: 727.743.3281
Email: rcw a@macfarcom
Bio: hftps://www.mfmlegal.comfr-carlton-ward/
Website: mfmlegal.com
Lauren Matzke
Planning end Development Director
Lauren.mat keftmyclearwater.com
Re: ROW vacation VAC 2026 -03 -Clearwater Village, LC., Proposed Ordinance No. 9889-26;
your case number FLS 2025.08001 end 07034.
am writing to Inform you of a serious material error affecting the approval of this
proposat. Last Friday I received by mall Notice of a Public Hearing for Ordinance No. 9889-
26. I Promptly called the City Clerk to try to obtain a copy of the proposed Ordinance.
On Tuesday, September 8, after calling again, I was finally sent a copy of the
proposed ordinance. Included, was a. copy of the "Public Works/Engineering Department
Approval checklist", title "ROW Vacation -VAC 2026 -03 -Clearwater Village, LC." The
egregious error is referenced in the item Summary. This states that the matter of access to
my Lots "has been property addressed and resolved." It referred to an easement
agreement. This is completely untrue.
On Tuesday, after seeingthis,1 searched the title end found a documentwhich,
without myknowledge, had been recorded at O.R. Book 23446 Page 1159, entitled "Ingress,
Egress and Access Easement." 1 had never even seen or heard of that before. It does not
contain my signature. tt violates the Florida Statute of Frauds.1 immediately called the
attomey, Brian 1. Aungst, who prepared it, and informed him of this fact. He agreed that the
recitals in that document were incorrect and said he would promptly record a corrected
document recanting the disputed recital, which is as follows:
"Whereas, Grantee has requested that Grantor provide an easement for ingress and
egress to and from the Property over and across the Easement Area and to enter into this
agreement." This is a complete fabrication.1 never made any such request and never
approved that agreement. Mr. Aungst significantly, has agreed to correct this error, which
he said was the result of false information which had been provided to him by Clearwater
ViUage, LC.
The department approval checklist contains several comments from which it
appears that the City Staff has based its recommended approval upon this false
information. In fact, the City Surveyor and Mapper commented that the recorded access
agreement "crosses public RNV and private lot -not sure how it was allowed to be recorded.
at the County; there was not City review." Therefore, contrary to what was made to appear
from that "checktist , the access is not "a private matter that has been property addressed
and resolved".
The objections that I previously filed with you, definitely have not been resolved.
They have not even been addressed by City Staff. Furthermore, the corrected document
proposed by Mr. Aungst will remain unacceptable. It can resolve nothing. Italso does not
even address, much less overcome the legal objections I have filed.
This proposal seeks the vacation of the Public Platted Streets which provide the only
access to my Lot 1 Block P, as well as the only convenient and legally accessible access to
the other eight lots in Brooklawn which are also owned by me. The vacation would leave as
the only platted access to those 8 lots an illegal and substandard, 800 foot dead-end street
contrary to City Ordinance (Sec. 3-1906, Div 18, Subdivision Design Standards.
Community Development Code). Moreover, that street is bisected and blocked by a
drainage outfall canal: This was addressed in the Objections 1 have previousty filed: with the
City. It should be noted, that on its face the disputed easement document provided
absolutely no access rights at alt for my other eight lots. So a vacation will eliminate all
useable public access to all of my nine lots. (Notably, that document also specifically
deprives me of all rights to street parking and prohibits any access by the general public).
The effect of the proposal is to make the only access a private gated entrance over
private property owned by Clearwater Village which is not even within Brooklawn
Subdivision. I am thereby to be deprived of all publicaccess as is now provided by the
platted, and partially paved, Woodtawn Street and its unnamed tributary streets abutting.
my Lots. Manifestly, this could not be in the best interest of the general public. It clearly
would serve only the private interest of Clearwater Village. It wilt violate Florida Statutes,
case law and the Florida Constitution, as was referenced in my Objections provided to you.
I must continue to oppose this right-of-wayvacation based upon all of the
objections I have filed and presented and plan to take every appropriate action to protect
my property rights as accorded by law and the Constitution of the State of Florida.
I trust you will share this email with Public Works and Engineering.
I plan to promptly share it with the City Attorney and City Council.
T •
/fair►.
►,/I1 s 4
Ed . and S. Wh tso , Jr.
231 Windward Island
Clearwater, FI.33767
EDMUND S. WHITSON, JR.
ATTORNEY AT LAW
231 WINDWARD ISLAND
CLEARWATER, L. 33767
727-643-6599
MT. Ryan Green
City of Clearwater
Planning and Development
Re: Cases No. FLS2025.08001 and 07034
October 15, 2025
The following supplements the written objections already filed by Edmund S.
Whitson, Jr, as owner of affected lots in Brooktawn subdivision, to the "preliminary plat"
proposed by Clearwater Village, LC, being a re -plat of substantial portion of Brooktawn, for
becoming Clearwater Village, Phase 2.
The facts pertinent to this objection Include the following:
The Public Records show that the undersigned, Edmund S. Whitson, Jr., is the Owner of
nine lots in Brooktawn, Plat Book 13 p.59. They are Lots 21 and 22, Block.O, and Lots
1;6,7,8,9,10 and 11, Block P. Eight of these lots abut Shore Dr. Lot 1, Block P abuts
Woodlawn Terrace.
The proposed plat is actually a replat. Moreover, it vacates most of Woodlawn
Terrace, which, through its connection to Shore Drive, is the only through- street in
Brooktawn. It vacates all Brooklawn's streets within the replat. Brooktawn Terrace and all
rights of way in Brooktawn are now public. However, within the replat these are alt vacated
and the streets are converted to private streets.
Woodlawn Terrace is a 60 foot Right of Way and is now paved into Brooktawn a
distance of 100 ft from Kings Highway. The replat also plats two new lots within the existing
platted Woodlawn Terrace Right of Way. These block all access whatever to the replat.
Woodlawn Terrace abuts Whitson'a Lot 1, Block P. It provides the only ingress to
that lot. It also vacates an unnamed north -south street abutting Lot 1 Block P, which is a
corner lot. Therefore, it vacates the only two streets which access and abut Whitson's Lot
1, Block P. and converts them to private streets which according to the replat, may be
1
accessed only by means of another private street In the adjoining Clearwater Village plat
named Freedom Drive. So, the only entrance to the replat from Kings Highway is not even
within the replat and is private.
The replat also would make Shore Drive, which is now a through street connecting
with Woodlawn Terrace, , into an impermissible 800 ft dead-end street by vacating and
blocking its access to Woodlawn Terrace and Kings Highway. A City Ordinance, hereinafter
cited, limits dead-end streets to 600 feet.
The application for preliminary approval and any other approval should by denied
because it does not conform to the requirements of Chapter 177, Fl. Statutes, in several
respects.
First Reason to Deny theReptat.._
First, the preliminary plat does not complywith F.S. 051(2) and F.S. 177.091 (17)
which requires that "any change in a.plat, except as provided in S.177.141, shall be labeled
a "replat," and "a replat must conform with this part."The proposal for Clearwater Village
Phase 2 is .labeled only as "Preliminary Plat'. This is deceiving because, on its face, the
legal description reveals that it is a replat of a major portion of Brooklawn subdivision, (Plat
Book 13 Page 59). As a replat it must be titled as such and it must comply with all
provisions of F.S. Chapter 177 governing replete. This includes 177.101 (4) which requires
publishing Legal notice,
Because the proposal violates the above cited statutes, it must be rejected.
SecondReaspn to Deny the Renlat
The proposed preliminary plat fails to comply with F.S. 177.101 (3) and (4), F.S. 177.091 (16)
and F.S. 177.041, and 177.081(2). It was not executed by the owners of feesimple title of
all of the land described as Is required by these statutes.
According to law the proposed plat is a "Reptat." It vacates all public street rights of
way in a major portion of Brooklawn: AccordingtQFS 177.1 Qi(3)._'itmast be shQ l:Ull t
the perons makingepplicatlotlfar_geldmacationQ $esimplatitle_tQttte_whele_or
that part,o_t the tract covetedby_thQplatsosight3Qtte.vecat d.anditmu t be furtheLsha cn
that.thweacatimmillnataffsctlhe_ownership.ouight.of_convenlentaccess of persoiis
owning other pans of the subdivision ° (emphasis supplied)
It was not executed by the owners of all the lands whose signatures would be
required to. convey record fee simple title to the lands being dedicated as the taw requires.
2
It was not executed by Whitson, who Is the record owner of Lot 1 Block P. While the replat's
boundary artfully meanders around the platted boundaries of Whitson's Lot 1 Block P, the
two street Rights of Waywhich abut and provide access to it are included in the legal
description. However, both rights of way are, es a.matter of law, owned to the center line by
the owner of Lot 1, Block P (Whitson), subject to the public easement provided by the plat
of Brooklawn. See F.S. 177.085 and Attorney General Opinion (AGO) 78-125 and cases
there cited. The applicant does not own these rights of way and has no right to vacate them
or to reptat them according to FS. 177.101(3) Of course, the City also has no fee simple
title. It has only an easement for a public street, held as a "public trust". (see citations)
The Supreme Court has held that "the right of egress and ingress from and to the
lot by the way of the street....are within the meaning of the word "property", as it is used in
thisconstitutional provision, (relating to property rights). "citing Seldon v. City of
Jacksonville, 10 So 457 (F1a.1891)' ; See also, Anhoco Corporation v. Dade County, Fla.
1962, 144 So. 2d 793, cited in Pinellas County v Austin. According to the courts this is an
incident of ownership. See AGO 78-125
in AGO 78-125, several Supreme Court opinions are referenced for the rule that:
"Unless otherwise specifically provided in the Conveyance, the legal title of the grantor in
the dedicated property passes to the grantees of those lots sold with reference to a plat,
which lots abut the dedicated: street. Their title extends to the center of the street subject
to the public easement." (Citations omitted). "Therefore, a street in which the public has
only an easement, when properly vacated, ceases to be a street; the abutting landowners
continue to hold fee simple title to the center of the vacated road unencumbered by the
easement." (Citations omitted).
The Attomey General there unequivocally states that, by law, roads should not be
vacated, "if such vacation would be injurious to the public welfare or violate individual
property rights." See also, AGO 78.125 and cases there cited.
This AG Opinion and the controlling case taw there cited, as well as many others,
certainly make ft clear that Clearwater Village has no title to the rights of way so as to
enabte its reptatting. They have no legal right to reptat a public street and create in its place
a private road or to obstruct a platted street In any manner without the written agreement
of all the owners of the subdivision lots who are affected. The reptat vacates alt public right
of way access to Lot 1, Block P. So, It clearly affects both the
3
ownership and the right of convenient access to an owner of other parts of the subdivision,
contrary to FS. the Supreme Court and the Florida Constitution Declaration of
Rights.
The law is well-settled that even when a subdivision street has been vacated, the
owner of a tot has a private_ea$ententwover the streets for ingress/egress and has the right to
prevent any obstruction which would prevent use of that easement. Therefore, there can be
no doubt that the replat would not prevent the use of Woodlawn Terrace by an affected Lot.
Owner in Brooklawn. Furthermore, such a lot owner would also have the legal right to
enjoin any obstruction of Woodlawn Terrace including use of the re -platted lots "17 and 18"
as this is the platted and only public entrance street for the subdivision. See AGO 78-118.
Because it unlawfully includes rights of way which are not owned by the applicant,
the proposal should be rejected.
Thk&R ason,to DenyilbB.BeptAi-
Whitson is also the owner of 8 lots abutting Shore Drive, which street directly
connects to Woodlawn Terrace to provide access to the subdivision's eastern entrance on
Kings Highway. Those lots are Lots 21 and 22, Block 0 and Lots 6, 7,8,9,10 and 11, Block P.
Woodlawn Terrace and Shore Drive together provide the only public rights of ways for
ingress. and egress to these lots. There is no other access possible.
The plat of Brooktawn shows that Shore Drive also connects to the West, with Poinsetta,
which then connects to the Westem end of Woodlawn Terrace remotely arriving at the
Western entrance to Brooklawn at Betty Lane. Shore drive is not paved and: only a portion of
Poinsettia (about 210 feet) is presently paved, but is substantially substandard. What's
more, Shore, Drive Is bisected to the West of the Whitson lots by a large outfall drainage
canal, as is shown by City Engineer's records and maps and by the records of the
Southwest Florida Water Management District. So, Shore Drive is nota convenient access
for these lots even without the prohibition contained in City Ordinance regulating, creation
of dead-end streets, hereinafter cited. (Also see footnotes at the end).
Utile proposed plat were to be approved, it would result In Shore Drive becoming an
800 foot dead- end road because of the vacation of Woodlawn Terrace to the East. Such a
dead-end road Is impermissible because ;ofthe 600 ft limitation provided by City Ordinance
Sec 3-1906, Division 19, Subdivision Design Standards, Community Development Code.'
4
Woodlawn Terrace and Shore Drive provide the only rights of ways for ingress and
egress to these lots. There is no other access of any kind.
The tact that such a dead-end road prohibition applies would itself require the
conclusion that there would exist absolutely no access at all, much less any convenient
access, were the replat to be approved. In that event, the inverse condemnation decision in
the case of Eine_liaLQ.Qunty_v,Austin. (2 DCA 1975), 323 So 216, would appear to come into
playas to.alljiine tots described herein.
Accordingly, the proposal should be denied for the further reason that it deprives
Edmund S. Whitson, Jr. as owner of these eight lots in Brooklawn of the RIGHT OF
CONVENIENT ACCESS and n he right of any access whatever, contrary to F.S. 177.101
(3) and the Florida Constitution Declaration of Rights protecting private property rights.
EdmndS.Whitso ,Jr.
Footnpte. p.4.
Kings Highway is the principal Collector Road ;serving the location of Brooklawn
subdivision. It provides the only street frontage which is reasonably visible and has the
convenient and prominent access which is necessary for successfully marketing lots in
Brooklawn as desirable homesites.
The only other possible entrance is from Betty Lane and that is substandard,
remote, obscure and lacks any visibility, besides being unavailable due to the City's dead-
end street regulations and the drainage canal. itis undoubtedly very inconvenientfor the
Whitson lots. Significant corroboration of this is the fact that Clearwater tillage vacated it's
only similar street access from the abutting State Street to Betty Lane years ago. It now has
its only entrance at Kings Highway as shown on the proposed plat.
5
From: Edmund Whitson
e mundw ease n1@g_ ,ail®c
Subject: Fwd: Objection: cases No
FLS2025-08001 and 0734
ate: Dec 1, 2025 at 10:5938 AM
To: Ted Kozak
Ted. Koza k@ rnyclearwaterecorn
t cc: edmundwhitsonl@gmail.com
Sent from my iPad
Begin forwarded message:
From: Edmund Whitson
<edmundwhitsonl @gmail.com>
Date: December 1, 2025 at 9:58:39 AM CST
To: Lauren Matzke
<Lauren.Matzke@myclearwater.com>
Subject: Re: Objection: cases No
FLS2025-08001 and 0734
Thank you for your response. Would it be
possible for you to advise me of the issues that
staff has identified, as you indicated?
Sent from my iPad
On Dec 1, 2025, 012:30AM, Matzke, Lauren
<Lauren.Matzke@myclearwater.com> wrote:
Good morning, a r K;
As of now no action has been taken on this
application. Unless changes are made,. it :is. not
something that we can approve. The applicant
still has some time left to resubmit and try to
address the issues staff. identified in its review.
The assigned planner, Ryan Green, has since
left the city. Ted Kozak, Development Review
Manager, will be seeing it through. So I am
including him on this so he can add to this 'as
appropriate.
Thanks
Lauren
From: Edmund Whitson
<edmundwhitsonl @gmail.com>
Sent: Tuesday, November 25, 2025 8:10 PM.
To: Matzke, Lauren
<Lauren. Matzke @ MyClearwater.com>
Subject: Re: Objection: cases No
FLS2025-08001 and 0734
It has been well over a month since 1 last heard.
from you regarding this. Would it be possible for
me to learn the status? !would appreciate an
update at your convenience.
Sent from my iPad
On Oct 18, 2025, at 4:36 PM, Matzke, Lauren
<Lauren.Matzke@ myclearwater.com> wrote:
Dear Mr. Whitson,
1 wanted to follow up and let you know that I am
still waiting for more information from our
Engineering Division of Public Works regarding
your concerns. I will be out of the office early in
the week, but I am copying in Ted Kozak, who is
Ryan's manager and oversees our Development
Review Committee process. He is also familiar
with the statutory changes to final platting which
necessitate the changes to the city's Community
Development Code (proposed Ordinance you've
referenced).
Engineering will also be responding to Ted, so
when either of us receives the additional
FLS2025-08001 and 0734
Sent from my iPad
Begin forwarded message:
From: Anna Stamas <annastamas@me.com>
Date: October 15, 2025 at 5:29:53 PM EDT
To: Ryangreen @ myclearwater.com
Cc: edmundwhitsonl @gmail.com
Subject: Objection: cases No FLS2025-08001
and 0734
Please confirm receipt.
Thank you.
Edmund Whitson
Sent with Genius Scan for OS.
information, we will reach out. Alba Horanili, the
administrative assistant for Planning, is copied
on this email should you want to coordinate a
specific time tospeak with either Ted or me.
l Thank you.
Lauren. Matzke, AICP
Director, Planning & Development
From: Edmund Whitson
<edmundwhitsonl @gmail.com>
Sent: Thursday, October 16, 2025 2:15 PM
To: Matzke, Lauren
<Lau ren. Matzke @ MyClearwater.com>
Subject: Fwd: Objection: cases No
9110126,12.3$ PM PINELLAS COUNTY v: AUSTIN :: 1975 :: Florida District Courts of Appeal Decisions :: Florida Case Law :: Florida Law :: U.S. Law...
JUSTIA
PINELLAS COUNTY v. AUSTIN, 323 So.2d 6 (Fla. Dist. Ct. App.
1975)
Full Case Name: PINELLAS COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA, APPELLANT, v. CARL M. AUSTIN AND NORMA D. AUSTIN, HIS
WIFE, APPELLEES
Court: Florida District Courts of Appeal
Citation: 323 So.2d 6
Docket Number: 74-967
Date Decided: December 5,1975
GRIMES, Judge.
This case involves the question of whether the vacation of a street by a
public body which results in a substantial deprivation of access constitutes a
taking of property so as to entitle the owner to a recovery under the theory of
inverse condemnation.
Mr. and Mrs. Austin owned and live on a rectangular parcel of land in
Pinellas County consisting of five acres. A canal running in a northeasterly
direction intersected the property near the southeast corner. Pursuant to
*8 resolution, the County of '8 Pinellas vacated certain portions of platted streets
which led to the Austins' land from the north and the west. The street from the
north contained a dirt road which the Austins had used as a means of access. A
totally unimproved platted street ran near the northeast corner of the parcel, but
the record is not clear whether this street actually touched the Austin property.
The only other access to the land was a street along the southern border east of the
canal. The only remaining road to the Austins' home and the bulk of their land
was from this street by way of a small wooden bridge over the canal.
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9AOT26;1211 PM * PINELLAS COUNTY v. AUSTIN :: 1975 :: Florida District Courts of Appeal Decisions :: Florida Case Law :: Florida Law :: U.S. Law.,.
Slightly more than two years after the vacation of the streets, the Austins
brought suit against the county and the adjoining property owners who had
requested the vacation of the streets. Following the taking of testimony, the court
dismissed the suit against all parties except, Pinellas County. No appeal was taken
from this order, so we need not be concerned with that aspect of the case.
However, the court entered a separate order from which the county appeals
declaring that the Austins had proved that inverse condemnation had taken place /
because their right of access to the property had been taken "without due process
of law and without compensation."
On this subject 11 E. McQuillin, The Law of Municipal Corporations, §
30.188 (3d ed.1964) states:
"The right of a landowner injured by the closing of a street to
damages therefor is almost universally recognized either
because of general constitutional provisions relating to the
taking of property for public use or under statutes expressly
providing for a recovery of damages on the vacation of a street.
If there is an express statute authorizing a recovery, then of
course it governs. In the absence of any special statute, the
general rule is that an abutting owner who is injured is entitled
to compensation for damage caused' by the vacation of the street
or alley...."
See also 1A C. Andean, Municipal Corporation Law, § 9.29 (1974).
The right of access to one's land is a property right. See Anhoco
Corporation v. Dade County, Fia. 1962, 144 So.2d 793. Therefore, even where a
public body has properly exercised its discretion in determining to vacate a street,
a property owner may be entitled to compensation for the consequent loss of
access. The theory of most of these cases is that a property right has been taken
without compensation. E.g., City of Rock Hill v. Cotthran,1946, 209 S.C. 357, 40
S:E.2d 239.. The fact that title to the vacated street reverts to adjacent property
owners rather than to the public body does not render it any less a taking insofar
as the person who lost his access is concerned. A street can only be vacated
through the approval of the appropriate public body, and, by having taken the
action necessary to close the street, this body becomes liable for compensation to
those whose right of access has been taken away.
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*9
On the other hand, not everyone owning property near a street which has
been vacated is entitled to be compensated. A landowner must demonstrate that
he has suffered special damages which are not common to the general public. 11 E.
McQuillin, The Law of Municipal Corporations, § 30.188 (3d ed. 1964). Thus, in
Linning v. Board of County Commissioners of Duval County, Fla.App. 1st, 1965,
176 So.2d 350, the court held that a person who owned a home about 250 feet
away lacked standing to contest the validity of the vacation of a street because he.
had not shown an injury different in kind and degree from that sustained by other
property owners or citizens of the community. See 11 E. McQuillin, The Law of
Municipal Corporations,§§ 30.192-30.194 (3d ed. 1964). The fact that a person
loses his most convenient method of access is not such damage which is different
in kind from damages sustained by the community at large where his property has
suitable access *9 from another street even though the alternate route is Ionger.
Bozeman v. City of St. Petersburg, 1917, 74 Fla. 336, 76 So. 894; Halpert v. Udall,
S.D.Fla. 1964, 231 F. Supp. 574. Cf. Daugherty v. Latham, 1937, 128 Fla. 271.,174
So. 417.
Applying these principles to the instant case, it must be conceded that the
Austins were not totally deprived of access to their property. Nevertheless, the
quality of their, access was diminished. The old wooden bridge was not adequate to
support heavy vehicular traffic, such as garbage trucks or fire trucks. Regardless of
whether the platted street touches the Austin property at the northeast corner,
there is no road there, and, even if you could get in, it would then be necessary to
cut down trees and drive through some nursery stock in order to have effective
access to the bulk of the tract. On balance, we believe the record is sufficient to
support the conclusion that the Austins suffered a sufficient impairment of their
right of access as to be different in kind from the public at large. The existence of
the other possible means of access may reduce the amount of the recovery, but
because of the limitations upon the other access, the Austins are entitled to be
compensated for the loss suffered by the vacation of the streets in question.
Bycross-appeal, the Austins complain that the court shouldhave
invalidated the vacation proceedings because the length :of time between the date
of the first publication of notice: and the public hearing fell short of the legal
requirements. The court below held that the Austins were barred from malting
this claim by reason of "estoppel in laches" and because of their failure to present
a -claim to the county commissioners within one year pursuant to Fla. Stat. § 95.08
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9110126,12:33 PM
PINELLAS COUNTY v. AUSTIN :: 1975 Florida District Courts of Appeal Decisions :: Florida Case Law :: Florida Law :: U.S. Law...
(1973).. According to 11 E. McQuillin,`The Law of Municipal Corporations ,§ 30.196
(3d ed.1964):
"Vacation can be effected only by a substantial observance of all
mandatory legal requirements,which, as noticed above are in
some instances exclusive. However, slight irregularities will not
render such action void, and by estoppel and laches an irregular
vacation may become absolute."
Since the record is sufficient to support the finding of laches, we need not
decide the applicability of Fla. Stat. § 95.08 (1973).1
Affirmed.
McNULTY, C.J., and BOARDMAN, J., concur.
Footnotes
1 Clearly, this statute is not applicable to the claim of inverse condemnation.
Hillsborough County v. Kensett, 1932, 107 Fla. 237,144 So. 393; Hancock v.
Piper, Fla. App.2d 1969, 219 So.2d 746.
Some case metadata and case summaries were written with the help of AI, which can produce
inaccuracies. You should read the full case before relying on it for legal research purposes.
https9/iaw:justla:c om/casesltiorida/district-courts-of-appeail19761323-so-2d-6.htmt 414