04/16/1991 (2)
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY l'llSIIION IS:
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WHO MUST FILE FORM 89
This form is for Il~e hl' nn}' pelsollsClvinr, nllhe COIIlII)', cilr, or olher locnl k\c1 or govcrllltlcnl 011 tin appoitllcd or e1ecled bonrd,
cO\lndl, conullission, nUlhodlY, or CCltlllllitlee, II :1ppries cqll:1ll)' to melllhcrs of :1(lvi~ol')' and non.nth'isOl)' bodies who lIIe plesented
wilh a \'oling conniet uf illleresl ullder Serlioll 112.J14.1, Florid:1 St:1IIlICS. '1 he requilcments of this In\\' me mnlldnlor)': nlthough
the use of Ihis p:uliclllnr form is 1101 reljuiled h)' 1:1\\', )'Ou rtlc cncolll:1gcd 10 U~~ il in l11nkillg lhc disclosure Icql1hed b)' Inw.
Your le~pullslbiljJie1i Ullder Ihe I:1W wht'lI fneed willi 1I111e[lSUle ill \\hich rOil i1l1\'c a cullflicl of jlllclcsl will ":11)' Rlc:1tly depending
011 whether )'ou hold all eleclive or nppoinlive POSilioll. For Ihis retlson, plense 1101>' close nllcnllolllo Ihe In51rllCIloIIs Oil Ihis fotlll
before complcling Ihe le\'el.~C side nlld llIillg Ihe fOlIll.
INSTRUCTIONS FOR COMPLIANCE WITI' SECTION 112.3143, FLORIDA STATUTES
'"._.,~EC' EO UFFIClmS:
A pcr ~Oll holdillg ell:rl i"c CUUIII r, IIl1l11i\lp:ll, 01 01 hCI 10l':11 pllhlk 0 II h:c 1\ IUS r ^ US I ^ I N from \'01 ing Oil n IIle:1SIII C \ddch illll rcs
10 his sped:11 pri\':1le F:1ill, E:1cil 10l'nl ollicer :11\{1 is plOhibiled lIolll kno\\'inltlr \olillg Oil 1I IIIC:1SlIIe which il1lltcs 10 .he ~pecinl
gnin of a ptilldpnl (olhel thnll :1 glJ\crlltl1cnl nucllC)') II)' whol11 hc is rewtlll:d.
III ehher l'lISe, )'011 should disclose Ihc !:Onrlkl:
PIUOI{ H) 1"1 IE \10l'E BEING 'IAKEN by pllhlid)' sInlilll! 10 1 ill' assclllbly the nnlurt 01 }'(1UI illlclc~1 In Ihc IIIcnsure on
which YOll :11 e nbsllIillill[: hom \'OI1Ilg: (11U/
\\' ITII IN 15 IJA)'S AFI ER 'III E va n~ OCCUHS by Clll II I'lcl iug :11111 I ilillp. I hi~ 101111 wllh I he pel SOli TespollSlblc for TCCtlulillg
Ihe millllles of Ihe II1ccling, who should Incol p{1l:lle lhc f0111l ill Ihe 111imlles.
API'U1N" ED UFrtCEHS:
A persoll holdillg :1 ppoilll ivc COli II I y, lIlulliciptll, or 01 hel 10l:al public orlirc 1\ 1 US r AIJS'I ^ I N rr Onl voling 011 tI lIletlSIUC whirh
inlllcs 10 his spcdOlI pliv:1lc gnin. Each local OrliCel n1slI is IHohibitcd 11011I kllowillJd)' \'olillg 011 n fIletl,~urc which ilHlICS to Ihe
sped:11 SOlin of a Ihilldpal (other Ihall tl gO\'cIlIl1lelll ngellcy) by wholll he is I('WiIlCd.
A persoll !loldillg:1l1 ilPpoirlllvc 10c:11 urrice otherwise lII;!y p:lllil'ipalc ill a 11wller ;11 whk" he IIns:1 collllicl or illlclesl, hUI IIIllst
disclme I ht' 1Hll1lIC of Ihe COli r I il'1 hdOlc lIIil king nllY allelllpl to illlluclIce I he decisioll by 01:11 or wrillclI C01l1 tlIIJllicill lOll, \\ hel hCI
madc hy the olricer 01 :II his "dhcClioll,
IF rou J NTJ:r..J1J '10 I\IAI<l': ANY AT! El\lPr '10 INFLUENCE TilE DEClSIUN /'IUOl~ '10 'I liE I\IEE J INCi 1\1' WII lell
TH E vOrE WILL liE TAK EN: .
- )bu should cOlllplele nml rile .his r01l1l (herOIC 111:1~illl! any HllClllpl In illlluencl' I he dl!dsioll) wllh lhe per SOil respomihle fOI
, ccollJillg Ihe lIIinutcs or ,he llI"ctiu!:, who will iucolpor:1IC the 10111I ill the millutcs.
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· A cop)' of thc fOlIll should bc IHO\idcd illlllll'di:1lcrr 10 .hc OIlier lIIelllbelS ur Ihe tlgelle)',
· 1 he 101111 should bc r":111 I'lIblicl)' nl lhe IIIcc.ill~ plio I 10 comidl'l:11i1111 01 ,hc 111:111ef 111 which rOil hilve :1 cOllfliet of illteresl.
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IF yOU h)^KE NO ATTEMl'r '10 INr:LUI!NCE TilE IJUCISlON l:XCEI' r BY DISCUSSION AT TilE MElHINU:
· VOIl should l!i5c1t)s~ mall)' the IUllUle of ymtr cOllllkt ill the ll\en~\IIC helOlc Il;\ltidpllti".~.
· "otlshulIlcl cOlllplr/c Ihe (01111 ond flIe it willl!n I~ d:t)'!'i orler Ih~ \'ole occu,s wllh the pcrsoll re!'ipomiiblc lor Il:cordhic Ihe millutes
uf lllc lIleet!II!!. who shuuld Illcoq1llfllle Ihe (mill 111 l~lC: IIllnutes.
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DISCLOSURE OF LOCAL OfFICER'S IUIEREST
I, .l.~__,'Io"'hl' disclo,. 'h.,"o -h..fiL It.
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(n) A 1I1l:nSIl'~ callie or \\'11I COlli!! bclOlr Ill)' ngclIC)' which (ched olle)
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__ hlllt ed 10 Ill)' ~pcdnl pr h'nlc gnill: or
_ hlllll.'d 10 Ihe !'illCdnl11-0ill ur ________.__
, by whom I nm retnlncd,
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Oller.,: UNIJEH PIHJVIS/ONS OF FLO/UIJ^ SI'^/ Ln ES ~1I1,.l17 lIYR5), ^ FAILURE '10 ~I^J.:E ANY REC)UIHEI>
)/SCLOSU/ili CONS 11/ U'I E5 <..iIHJUNIJS FOH ^ND ~I^ Y BE /'UNISJ/El> IIY ONE OR ""ORE OF 'II IE FOLUJ\\'INU:
I\IPEACIIl\IEN I, HEl\/OVAL UR SUSPENSION FltUl\1 OFFICE on HII'LOYl\IEN I. IJEMO'IION, REDUCIION IN
. ' \In', ItEPIU~I"NO, em A CI \'1 L PENAl. I Y NO r HJ E.'\CI;t:.D 1~.1I11(/.
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-REVISED AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, APRIL 16, 1991 - 1:30 PM
llECElVED
APR 2 3 199\
CITY CLERK
PLEDGE OF ALLEGIANCE
iNVOCATION
A.
IllM
ACTION
APPROVAL OF MINUTES
1. February 5, 1991
APPROVED
CONDmONAl USES. ANNEXATION. ZONING. lAND USE PlAN AMENDMENTS. lAND
DEVaOPMENT CODE TEXT AMENDMENTS. AND LOCAL PlANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAL USE REOUESTS IS GIVEN UNDER OATH.
1.
2.
3.
4.
6.
6.
7.
B.
9.
10,
I 11.
',--, 12,
13.
The Chairperson reads from the Public Hearing Notice each item as it is presented.
The starr report and pertrnent background Information are presented. . 6 minutes maximum.
Staff presents any supporting written documents.
Statt presents any opposing written documents.
The appHcant or his representative presents his case. - 6 minutes maximum.
Persons who support the application speak. 3 minutes maximum for each Individual; ,
or spokespcrson for group. 10 minutcs maximum.
Persons who oppose the application speak - 3 minutes maximum for oach Individual; or
spokesperson for group - 10 minutes maximum.
Persons supportrng the applicatron (other than applicant! may speak In rebuttal. 3 minutes
maximum.
Persons opposing may speak In rebuttal - 3 minutes maximum.
The applicant has an opportunity for final rebuttal - 5 minutes maximum,
Publfc Hearings are closed.
Discussion by tho Board,
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL.
".
B. REQUESTS FOR EXTENSION, DEFERRED
AND CONTINUED ITEMS:
1.
2.
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P & Z AGENDA
Request for Extension (6 monthsl
Lot 7, A.B. and Jennie Cates Sub.
(407 N. Osceola Avenuel
Salvation Army
CU 90.67
Approved 6 months extension
Acquest. To permit transitional residential shelter
Zoned. RM.2B IMulti.Family Residenllall
Acquest lor ExtensIon 13 months)
lots 1 and 2, Blk 1, Skycrest Unit 9, AND part of
Tract A. Central Park Resub,
12045 Drew Street!
Skycrest United Methodist Church, Inc.
CU 90.45
Approved 6 months extension
Request. Child Daycare EXPANSION
Zoned. PSP (Public/Seml.publicl
04116/91
c, CONDmONAL USES:
1. Lots 20 and 21, Bayslde Sub. 12 Approvcd subJect 10 tho following conditions:
1181 Brlghlwaler Orive) 1) 1hc applicant shall obtain tho requisite building
Robert W. and Loretta M, LeClerc permit within 60 days: (
CU 91.27 2. TIlC slips shall be utilized cxcluslvelv bV tho
owner(s. and the guosts of tho motel while
Rcquest - To permit marina: Gne dock and two occupying one of tho living urN's:
fInger pIers 3. Uveaboards shall obsorve City Code
requirements regarding length of stay while
Zoned - CR-2B (Resort Commercial' and ALlC occupying 000 of too'living units,
(Aquatfc Lands/Coastall
2. Part of elk 2, Baskin's Replat Resub Approved subject to the following conditions:
12719 Gulf to Bav Blvd.1 11 The sale of alcoholic b9vcrages shall be
Sweaty Eddy's/Herbert E. and Jane B. Wollowick restricted to consumption on the premises only
CU 91.28 unless applicant obtains a separation distance
varianco hom the City Commission for a package
Acquest. To permIt on premise consumption and sales operation, with package sales restricted to
package sales of beer, wine and lJquor beer and wino sales onlV, with no customer
accessible shelf space provided; and 2) The
Zoned . CG (General Commercia II applicant shall obtain the requisite occupational
license within six (6J months of, the date of this
public hearing.
3. Lot 24 and east 1/2 of vacated street on west,
Blk 24, Marymont Sub, Continued this item to too April 30, 1991
11902 Drew Street) meeting to allow the applicant to supplV staff
Alternative Auto/Mark A. Arner with additional information and a revised plan,
CU 91.29
Request - To permit 1 ~ outdoor rctail sales,
displays andlor storage (automobile sales) and 2)
vehicle service (
Zoned - CG (General CommercIal!
D. ANNEXAllON, ZONING, LAND USE PlAN
AMENDMENT, LAND DEVElOPMENT CODE
TEXT AMENDMENT, AND LOCAL PU\NNING
AGENCY REVIEW: ".
NONE
E. CHAIRMAN'S ITEMS
F, DIRECTOR'S ITEMS Amended Section 136,016, Code of OrdInances,
relating to fences and walls: providing standards
for materials; providing for casement and right-
of-way restrictions: providIng height and setback
regulations for fences and walls; providing an
effective date.
G. BOARD AND STAfF COMMENTS
P Be Z AGENDA
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04116/91
MINUTES
PLANNING & ZONING BOARD
TUESDAY, APRIL 16. 1991
Members Present:
Chairman Schwob. Ms. Nixon, Messrs. Carassas. Hamilton. Mazur and Savage
Members Excused:
Mr. Ferrell
Also Present:
James M. Polalty. Director of Planning and Development
Scott Shuford. Planning Mannger
Doreen Feldhaus, Recording Secretary
Pat Fernandez; Transcriber
Chairperson Schwab outlined the procedures for conditional uses and advised that anyone adversely
affected by a decision of the Planning and Zoning Board. with regard to conditional uses. has two weeks
from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party
appealing a decision of this Board to have a record of the proceedings to support the appeal.
. ,
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. APPROY AL OF MINUTES
Motion was made by Mr. Mazur. and seconded by Mr. Hamilton, to approve the minutes of February
5, 1991. Motion carried unanimously (6 to 0).
B. REQUESTS FOR EXTENSION. DEFERRED AND CONTINUED ITEMS;
1. Request for Extension (6 months)
Lot 7. A.B. and Jennie Cates Sub.. (407 N. Osceola Avenue). Salvation Army, CU 90-67
Request - To permit transitional residential shelter
Zoned ~ RM-28 (Multi-Family Residential)
Mr. Shuford gave the background of the case.
Mr. Savage stated he would abstain from voting as he has a conflict and sits on the Board of the Salvation
Army.
Capt. Tom Overton, 1625 N. Belcher Road, Clearwater, applicant. stated the Salvation Army. out of
Atlanta. requires all buildings to have a sprinkler system which exceeds the city requirements and needs
the additional time to complete this installation,
P & Z MINUTES
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04/16/91
No persons appeared in support of or in opposition to the above request.
,
Motion was made by Mr. Hamilton, and seconded by Mr, Carassas, to approve the above request. _'
Motion carried (5 to 0) willi Mr. Savage abstaining.
2. Request for Extension (3 months)
Lots I and 2. Blk J. Skycrest Unit 9, AND part of Tract A. Central Park Resub.
(2045 Drew Street). Skycrest United Methodist Church. Inc.. CU 90-45
\...-
Request - Child Daycare EXPANSION
Zoned - PSP (Public/Semi-public)
REr.EIVED
MAY 0 7 1991
li=
Mr. Shuford stated this was the second request and the staff sees no reason not to grant their request.
Alan Gaylord, 2045 Drew Street. Clcanvater, applicant, stated they are requcsting a second three monlh
extension because they are waiting for final inspection from the building and fire departments.
No persons appeared in support of or in opposition to the above requcst.
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Motion was made by Mr. Hamilton, and seconded by Mr. Savage, to approve a six (6) months extension,
Motion carried unanimously (6 to 0),
C. CONDmONAL USES:
1. Lots 20 and 21. Bayside Sub. #2. (181 Brightwater Drive). Robert W, and Loretta M. LeClerc,
CU 91-27
Request - To permit marina: one dock and two finger piers
Zoned - CR-28 (Resort Commercial) and ALlC (Aquatic Lands/Coastal)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation.
Discussion by the Board ensued regarding standardizing the conditions of approval for requests of this
type.
John Christopher Lombardi, to975 49th Street North. Clearwater. applicant's representative, stated that
Alan Hamill had converted a covered boat slip into a dock and two fingers with slips for six boats.
Subsequently the owner discovered no permits were issued.
The board asked and \Vas advised Mr. Hamill was licensed at the time of the slip installation. Mr.
Lombardi represents the property owners and advised the slips are for the use of people who stay there,
There is no water or electricity for use of persons occupj'ing boats.
A question was put before the Board by the following pfrson.
Joseph Place. 613 Century Drive, Largo. advised that Mr. Hamill~ even though his license has been
suspended, is still in busines& undt>r ., .~~ther name and inquired if anything could be done, Mr. Shuford
stated he would advise the Dui!rlin~ Department that this has been n continuing problem with this
contractor.
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Ms. Nixon stated her view that a pert:\;r. who hires a lkcpsed comrUl:!Or and ha:i dune all they were
advised hy that professional should r,o~ h:lve tv pay triple ie..:s. The BOlli j <lgreed other applicants if they
learned fees could be Waived would alway:; h~ve a good rCf!Slm why they ~hould not be assessed the triple
fee.
No persons appeared in support uf or in oppositiu:& ~o the ll!''Jv~ r~queH,
Motion was made by Mr, Mazur. ~~Pl\ seconded by Mr. S:'Jage, to approve the above request subject to
the following conditions: 1) The applicant shall obtain the requisite building permit within 60 days; 2)
The slips shall be utilized exclusively by the owner(s) and the guests of the motel while occupying one
of the living units; 3) Liveaboard,; shall observe C'j:y Code requiremt.nts regarding length of stay while
occupying one of the living units. MQ[ion carried unanimously (6 to 0).
P & Z MINUTES
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04/J 6/91
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2. Part of Blk 2. Baskin's Replat Resub. (2779 Gulf to Bay Blvd.), Sweaty Eddy"s/Herbert E. and
Jane B, Wollowick. CU 91.28
Request - To permit on premise consumption and package sales of beer. wine and liquor
,..."
I
Zoned - CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, in writing: the staff recommendation.
Jay Keyes. 100 Devon Drive, Clearwater Beach, applicant's representative. stated he does not intend to
operate as a liquor store but would like to he able to sell alcoholic beverages along with a sandwich to
go. He does not intend to stock any extra liquor specifically for package sales. He mentioned the open
container law should be a deterrent for person wanting to get liquor and drive. Small sales of this type
are anticipated. He feels people will want to buy their beverage where they buy their food.
No persons appe.'lred in support of or in opposition to the above request.
Discussion ensued with the Board members expressing concerns including the following: This location
was before the Board in 1987 and parking for package sales was felt to be inadequate, Also. complaints
were received then from surrounding property owners. Today there are no complaints, Package sales
seem unlikely from this type of operation when liquor is much cheaper if purchased at a beer and wine
establ ish ment.
Motion was made by Mr. Hamilton. and seconded by Mr. Mazur. to approve the above request subject
to the following conditions: 1) The sale of alcoholic beverages shall be restricted to consumption on the
premises only unless the applicant obtains a separation distance variance from the City Commission for
a package sales operation, with package sales restricted to beer and wine sales only. wilh no customer
accessible shelf space provided; and 2) The applicant shall obtain the requisite occupational license within
six (6) months of the date of this public hearing. On a roll call vote the motion carried (5 to 1) with Ms.
',-- Nixon voting "nay" because she does not believe they should have package sales.
3. Lot 24 and east 1/2 of vacated street on west, B1k 24. Marymont Sub,. (1902 Drew Street).
Alternative Auto/Mark A. Arner, CU 91-29
Request - To permit 1) outdoor retail sales. displays and/or storage (automobile sales) and 2)
vehicle service
Zoned - CG (General Commercial)
Mr. Shuford recommends a continuation due to a parking problem.
Steve Eiseman. 834 Lantana Avenue. Clearwater Beach, applicant's representative. stated they would like
to establish a used car lot on Drew Street and are willing to do whatever is required so they can operate
at this location.
Mr. Shuford stated his staff needed a revised site plan. information regarding the access agreement, and ."
~here the required parking will be relative to where the display area is going to be.
Mr. Eiseman will provide us with a copy of the access agreement.
Mr. Shuford is recommending that this be continued for two weeks until April 30, 1991 to give the Board
the informmion they need to make an informed decision.
P & Z MINUTES
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04/16/91
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In opposition, Steven Deneke, 1904 Drew Street, Clearwater, stated he owns the property adjacent to the
parcel before tl1e Board and that he and Ron Miller, to the east of the property. are against the usage of
a used car lot. He is an attorney and Mr. Miller is an insurance agent. He feels a used car facility there
is out of character. Parking is believed to be inadequate. In the past. people have used his lot for
parking at the previous use. Also prior occupants, by having garage sales. have drawn a negative element
and brought crime rates up.
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In rebuttal, Mr. Eiseman. stated his business would be done on a professional level. The parcel is in
deplorable condition, he will improve it and will do nothing to deteriorate the neighborhood. They plan
to paint, landscape. and perhaps tie in the parking with the plaza parking lot on the west side of the
location.
Motion was made by Mr. Hamilton, and seconded by Mr, Savage. to continue this request to the April
30, 1991 meeting to allow the applicant to supply staff with additional information and a revised plan.
Motion carried unanimously (6 to 0).
The Chairman advised that there will be a complete rehearing at the next meeting and suggested Mr.
Eiseman and Mr. Beneke get together to discuss the matter before then. If an agreement is reached, the
Board would like to be so advised.
D. DIRECTOR'S ITEMS:
Mr, Shuford reviewed a proposed Land Development Code Amendment which the Board had previously
reviewed but which was significantly modified due to other Board and Commission comments.
The amendment involved new regulations on fences and walls. Mr. Shuford advised the Board that hedge
regulation was deleted, that waterfront fence setback requirements were not changed from current practice
and that nonopaQue fences only were allowed to exceed height requirements around swimming pools in
setback areas.
Motion was made by Mr. Hamilton, and seconded by Mr. Mazur, to approve the above changes. Motion
carried unanimously (6 to 0),
Mr. Shuford asked the Board for input on triple fees when use!' are initiated without condition~1 'J,se
permit approval. Mr. Hamilton suggested that the local State alcoholic beverage authority be nolitied
that any change of ownership within tbe City of Clearwater of an establishment with an alcoholic
beverage license requires City 20nin& approval. The Baard offered to assist in any way with :.:tate
legislators in attempting to put this suggestion into 3ctioll.
Mr. Shuf~lrd stated th:!.t staff has no <,uthority to waive fee!'. The Board C(\l1scn:;us on triple fe~ is if the
applicant or his represcmative comes to the City. and the City fails to .q:ive the proper advice, then triple
fees do not appear warranted,
Ms. Nixon mentioned that on the sou th side of thf' Sc:cnt'Jlogy prll[,crty. Grey Moss Inn, Ull~re are some
trees which she would like to see :;3\'c-O. Mr. Shlli(wd stated th~y pwl'ubly would be requirt"-d to put ,"
monies into the tree bank, rather than a~tually save the trees.
Ms. Nixon also reviewed her notes on the meeting of January 8, 1991 ami found that her vote on item
B. 4. in the minuter. was recorded incorrectly. Motioi~ wa!' made oy }vis, Nixon, and seconded by Mr.
Hamilto."l. to approve correcting the minutes of Jlllluary 8. 1991 to reflect a 6 to 1 vote on ageuda item
B.4, with Ms. Nixon voting "no". Motion carried unanimously (6 to 0).
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P & Z MINUTES
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04/16/91
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Mr. Hamilton did not agree with the memo from the Cit)' Clerk's office relative to farewetlluncheons
for departing members. Items coming before them have never heen a topic of discussion at such evenlS.
These dutch-treat luncheons can be advertized and the press may be present. While the Board recognizes
the staff position, they feel such luncheons are appropriate and will advise the Clerk's office of any
impending functions so the press will be advised. Mr. Palntty suggested that the Planning and
(-': Development Department handle such media notices for the Planning and Zoning Board.
The Board members indicated that they were photographed and received their identification cards.
,The meeting was adjourned at 3:45 p.m.
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1. PolaUy, Jr., Director of Plannln
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04/16191