08-04
RESOLUTION NO. 08-04
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RECOGNIZING THE IMPORTANCE OF TIMELY AND INFORMED
PUBLIC PARTICIPATION IN CITY DECISION MAKING;
OUTLINING PUBLIC NOTIFICATION PROCEDURES AND
ENGAGEMENT OPPORTUNITIES; ESTABLISHING A
NEIGHBORHOOD BILL OF RIGHTS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, public participation in local government decision making is
recognized and promoted by the State of Florida and the City of Clearwater; and
WHEREAS, proper land use and planning decisions are facilitated by
promoting the opportunity for informed citizens to timely interact, share
viewpoints and information and engage in a public hearing process; and
WHEREAS, the City of Clearwater has developed a Resident
Engagement Guide to acquaint residents with different City processes and
provide them with training to make meaningful contributions and express their
opinions to City decision makers; and
WHEREAS, Clearwater neighborhood organizations range from formally
incorporated associations to groups of homeowners who come together for one
issue or purpose and may vary in geographical definition; and
WHEREAS, it is the intent of the City of Clearwater City Council to ensure
that neighborhoods have the opportunity to engage in informed interaction with
the City on issues that may most directly affect the quality of life issues of the
neighborhoods; and
WHEREAS, it is the intent of the City of Clearwater City Council to ensure
that neighborhoods have access to programs and information and advance
notice of planned City projects, street closures, and improvements that may
temporarily or permanently impact the neighborhoods;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY
OF CLEARWATER, FLORIDA:
Section 1. That the City of Clearwater shall consistently follow the notice
procedures provided in Florida Statutes and the Clearwater Community
Development Code for all applicable planning, land use and zoning matters.
Section 2. That the City of Clearwater shall provide advance notification
and a reasonable opportunity to provide input to the City on any substantial City-
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initiated or permitted public works or utility projects that are not of an emergency
nature.
Section 3. That the City of Clearwater hereby adopts as policy a
Neighborhood Bill of Rights outlining assurances for neighborhood opportunities
to engage in informed interaction with the City on issues that may affect quality of
life or bring change within the neighborhoods, as follows:
3.1 Neighborhoods organizations, informal and formally incorporated
associations, may register with the City of Clearwater to receive courtesy notice
of applications made to the City as well as City-initiated or permitted public works
or utility projects.
3.2 The City of Clearwater Development & Neighborhood Services
Department shall maintain a registry of neighborhood organizations that
voluntarily register as a Neighborhood Association in accordance with the
following definition and procedures.
3.2.a. A "Neighborhood Association" (Association) shall be any
formal or informal association of persons that voluntarily join to register as a
Neighborhood Association with the City of Clearwater Development &
Neighborhood Services Department (Department) on an application form
provided by the Department for purposes of acquiring Neighborhood Bill of
Rights (Bill of Rights) benefits. Such registrations must include a geographic
Association boundary reasonably described and differentiated from other
geographic areas and neighborhoods of the City of Clearwater and characterized
by a substantial commonality of interest and history of identification as a
neighborhood separate from others within the City of Clearwater. Associations
shall reasonably be determined to represent the interests of a majority of
property owners within the neighborhood and may be refused registration if the
City cannot reasonably determine geographic boundaries and majority
representation.
3.2.b. A Neighborhood Association (Association) must be
registered by its authorized representative and re-register during the month of
October in each year in order to qualify for notification benefits pursuant to this
Bill of Rights. One member of each Association must be designated in such
registration as the agent for the Association to receive all notices due pursuant to
this Bill of Rights.
3.2.c. No Association shall be favored, disfavored or excluded in
regards to the notification benefits of this Bill of Rights based on the opinions,
race, gender, age, ethnicity, religion or political affiliations of any or all of its
members.
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3.2.d. Each Association and person associated therewith is
responsible for obtaining legal advice and liability protection as may be required~
3.2.e. Associations pursuant to this Bill of Rights shall be entitled to
receive courtesy notices addressed to its registered agent above and beyond any
legal notification requirements of the City, in the following instances.
3.2.e(1). Notification of the submission of any
application for Level Three Approval pursuant to the
Clearwater Community Development Code, including
Comprehensive Plan, Land Use and Zoning
Amendments. The notices shall, at a minimum,
contain a general description of the location of
property subject to the application, the date and time
and place of applicable public hearings, if known and
other opportunities for public input and review of the
application.
3.2.e(2). Notification and a reasonable opportunity to
provide input to the City of any substantial City-
initiated or permitted public works or utility projects,
excepting those of an emergency nature necessitating
City action without advance notice. Such notification
shall include a description of the proposed
improvements, dates and duration of scheduled work
and the name and phone number of the City
representative most knowledgeable and able to
immediately answer questions during the course of
the project. When applicable, notification shall
include day(s) and probable duration of any street
closures, utility interruptions or other adverse impacts
on the neighborhoods.
3.2.e(3). Notification and the opportunity to provide input
into the design of publicly-funded projects within or
adjacent to the neighborhood, including the
opportunity to participate in the planning process to
express neighborhood preferences about choice of
location, materials, orientation size, land use intensity
and other project features and elements.
3.2.f. Associations pursuant to this Bill of Rights shall be entitled to
prompt and courteous responses to all reasonable City business questions,
public record requests and meeting requests submitted to the City of Clearwater.
For purposes herein, prompt shall be at least a preliminary, status response
within three business days of the initial inquiry.
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3.2.g. Associations pursuant to this Bill of Rights shall be entitled to
engage in community improvement programs involving various City offices and
programs, including, but not limited to the Clearwater Neighborhoods Natural
Gas Expansion Program (CNEP), the Clearwater Police Department
Neighborhood Watch Program and the Clearwater Neighborhood Programs.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 3rd
day of April
,2008.
~/~
Na11k V. Hibbard
Mayor
Approved as to form:
PJ{~l
Pamela K. Akin
City Attorney
Attest:
Resolution 08-04