Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Legal Advice And Right Of Way Vacation topic
No spam. Unsubscribe anytime.
Clearwater council discusses Attorney General letter on discrimination, agrees to work session on right‑of‑way vacations
Summary
Councilmembers heard from Councilmember Ryan Cotton about a letter from the Florida Attorney General27s office that flagged discrimination concerns; the city attorney said the letter is informational and not a court order. Council agreed to place discussion on the next work session agenda to seek legal guidance on the vacation process.
Councilmember Ryan Cotton told the Clearwater City Council on June 18 that he had spoken with the chief of staff at the Florida Attorney General27s office about a recently received letter and that the AG27s office told him the letter should “be taken very seriously.”
The matter arose in open session after Cotton said he contacted the AG27s office to clarify the letter27s scope. Cotton said the chief of staff told him the correspondence concerned allegations of discrimination and that the AG27s office was not seeking to change local municipal procedures for vacating public rights of way.
City Attorney David Margolis told the council the letter does not carry the force of a court order. “I don27t see legal significance to the letter. It27s not a court order. There27s been no judgment rendered,” Margolis said, explaining that the correspondence was informational guidance rather than adjudication.
The exchange came amid repeated questions from council members about whether the AG27s letter altered the city27s process for vacating streets or attaching conditions to vacations. Councilmembers sought clarity on whether the city could continue to apply consistent, objective criteria and whether assurances or conditions could be attached to a vacation request.
Council discussion included requests that the city attorney provide a fuller explanation of the legal implications for Clearwater and suggested giving the city attorney time to meet individually with council members before a joint discussion. Mayor Bruce Rechter and other members said they preferred a deliberate approach and asked the city attorney to present at the next council work session so the body could consider process questions together.
By consensus the council agreed to place the matter on the next work session agenda so the city attorney could prepare and answer council27s questions; council members also indicated they would meet individually with the city attorney beforehand.
A member of the public, Mark Bunker, addressed the council during public comment and said organizations associated with a proposed development had sought assistance from the AG27s office. Bunker discussed his concern that the AG27s correspondence could be used to pressure the council; he did not offer legal evidence, but urged the council to remain vigilant in public decision making.
No formal policy change or vote on vacation procedure was taken at the June 18 meeting. City staff said the vacation process itself remains the same pending any future legal developments, and council directed staff and the city attorney to prepare materials for further council review at a work session.
