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COMMISSION
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CITY COMMISSION MEETING
November 3, 1994
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, November 3, 1994 at 6:00 p.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, 1\
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Pamela K. Akin City Attorney
Scott, Shuford Central Permitting Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by Father Jim Karagas of the Greek Orthodox Church of the Holy
Trinity. ' '
In order to provide continuity for research, the Items will be listed in agenda order although
not necessarily discussed In that order.
ITF;M 113 - SRrvir.R Aw~rrl~ - None.
, ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Florida International Museum
, Joe Cronin, President and CEO of the Florida International Museum in St. Petersburg,
. reported the five-month "Treasures of the Czars" Exhibit from the Moscow Kremlin
museums 'will open January 11, 1. 995. The 90,000 square fO'ot Florida International
" Museum on the first floor of the former Downtown St. Petersburg Maas Brothers store was
not designed to house permanont collections but travelling international exhibitions.
, Some of the 12 galleries will recreate the atmosphere in which the objects were
found.. The Treasures of the Czars relates the story of the Romanovs with 265 priceless
. objects,' many out of the Kremlin for the first time. Virtually no public money has been used
for. the project. Renovating the building cost $4-miUion. The City of St. Petersburg
provided a t~ird tier guarantee.
minCe11 a.94'
11/03/94
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The Mayor thanked Mr. Cronin for his report and noted the show will be exciting for
the Tampa Bay region. She questioned if the museum still sought volunteer docents. Mr.
Cronin said they were. Most of the training for the first show has been completed and
1,700 volunteers are being trained this weekend.
The Mayor questioned if future shows had been booked. Mr. Cronin stated there
was a commitment to a show in 1996, but he did not want to announce it yet. Mayor
Garvey suggested negotiating a Japanese exhibit through Clearwater's sister city, Nagano.
Mr. Cronin agreed there are many worthwhile international shows. He stated the Russian
exhibit is premiering in St. Petersburg.
The Mayor noted adult tickets are $ 12, senior citizens tickets are $10.75, and youth
tickets for ages 5 to 16 are $5.
ITEM #6 - Approval of Minutes
Mayor Garvey questioned the appointment of the High Speed Rail Task Force.
Commissioner Deegan stated the minutes reflect the Commission's agreement.
Commissioner Berfield referred to page 10, 4th paragraph, and requested adding the
word "was" after Consensus.
Commissioner Thomas moved to approve the minutes of the regular meeting of
October 20, 1994, as amended. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to approve the minutes of the special meeting of
October 20, 1994, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM 1i7 - Citi7p.nlC: tn hA hMmi re itAm~ nnt nn thA A.gAnrb
Steve Saliga stated he has tried to be an activist for the past three or four years. He
expressed concerns that recommendations to increase the Commissioners' salaries have
nfallen through the cracks. II He felt the salary level is so paltry, the Commissioners act as
, volunteers with a small contribution. He requested the Commission vote on this issue
tonight. The Mayor stated the Charter Review Committee reviewed the manner in which
Commission salaries are increased and recommended no changes to the procedure.
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Dina Atkins said she had not received the response from the Charter Review
Committee from the City Manager. She questioned if the February 3, 1994 minutes ha~
been corrected. She requested Mayor Garvey take an oath that her response to Mr. Elliott
was the truth. The Mayor agreed to put together a statement. Commissioner Barfield
believed Ms. Atkins' father.in.law, Jay Elliott, had requested to be sworn in when he
appeared in February. The Mayor indicated everything she has done has been above board.
;j
Charles Marcus stated he provided proof to the October 20, 1994 Commission
meeting regarding a coverup and questioned if what he said was recorded in the minutes.
Mayor Garvey indicated it was and read him the appropriate passage.
minCC11a.94
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11/03/94
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PUBLIC HEARINGS
IT1=M #R - PlfhUr. H~Huing - !=:;iv Mnnth Tri;'" PMinrl RRVip.w of Alcoholic Beverage Distance
Separation Variance for Empress Cruise Lines, 900 Osceola Avenue; extend trial period until
11/95 subject to modified conditions (Clearwater Bay Marina/LeVasseur, AB93~16)(CP)
This is a Six Month Trial Period Review for the Empress Cruise Line's alcoholic
beverage minimum distance separation variance. On June 2, 1994, the Commission
extended the separation variance subject to conditions that included completion of all
proposed site work associated with the parking facility by October 1, 1994.
The final plan for Clearwater Bay Marina has been certified. All site improvements
have not yet begun or been completed as conditioned by the City Commission. A
September 28, 1994 letter from Sandy L1overas, representative for marina owner Howard
LeVasseur, indicated they have submitted: the final site plan; the certified site plan; the final
engineering construction plan; the traffic control plan, and the drainage plan and
calculations. A permit is in process with the Florida Department of Transportation (FOOT)
to allow the construction/connection of a driveway to Ft. Harrison Ave.
In his letter, Mr. Lloveras indicated a permit was submitted to SWFWMD for
storm water management. Several weeks after Pinellas County accepted the application,
they stated they did not have the authority to issue a Storm water Management Permit for a
parking lot expansion at a marina regulated by the Florida Department of Environmental
Protection (DEP). The permit now has been in process with DEP for several months and the
marina is obtaining additional information requested by DEP. The law allows the agency 90
days to issue a site construction permit once the application is considered complete by DEP
staff. The site contractor is on a standby basis.
Since the parking lot was not completed by the October 1, 1994 deadline, the cruise
line and marina have requested additional time to complete the permitting process and be
, able to construct the parking lot and infrastructure systems.
A letter the City received from FOOT indicated the proposed access from Ft. Harrison
Ave. will be approved for one year as a non-conforming driveway with conditions. Access
to the site from Ft. Harrison through the new parking lot, rather than through the Seminole
Street Boat Launching Facility will alleviate many staff traffic concerns.
Staff research indicates a $29,778 balance of the project's impact fees have not
been paid. The initial transpo~tation impact fee was calculated at $59,556. After 17 slips
were added to the marina, the total impact fee was increased by $10,397 to $69,953.
Due to continuing siltation problems within the marina basin, the City Environmental
Management Group is asking a condition be imposed that a marina Dredging Permit be
,obtained and necessary maintenance dredging be commenced within 90 days from the date
of this Commission review. The Harbormaster has received several complaints regarding
groundings and a US Coast Guard report on a January 14, 1994 grounding. The
Community Response Team has not received any complaints about the cruise line operation
since the June 2. 1994 Commission meeting.
minCC11a.94
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11/03/94
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The Commission will soon consider changes in the way alcoholic beverage approvals
occur. A provision to eliminate the separation variance requirements is included in those
changes. Conditional use permit approval conditions will be used to regulate the future
operation of the cruise line at this location.
Until the separation variance requirements are eliminated, staff recommends the
following conditions: 1) The applicant shall maintain continued conditional use permit
approval from the Planning and Zoning Board; 2) Approval shalt be for consumption on
premises on the ship only, and sale and distribution of alcoholic beverages shall not occur
until after the ship totally exits the marina, and that all alcoholic beverage sales will cease
on the ship's return at or prior to the location of the Clearwater Pass Bridge; 3) The
applicant shall complete all proposed site work associated with the new parking facility by
January 1, 1995; 4) The cruise ship shall be berthed by 12: 30 a.m. on Friday and Saturday
nights and by 11 :30 p.m. on all other nights, except New Year's Eve and the 4th of July
when the ship shall be berthed by 2:00 a.m.; the facility shall cease all operation within one
hour after the day's final ship berthing; 5) All in-bound cruises shall discontinue all
entertainment activities at or prior to arrival at the Clearwater Pass bridge; 6) There shall be
1'0 outdoor entertainment at the landside facilities, and all use of outdoor speakers on the
ship while it is berthed or on landside facilities shall be prohibited after 8:00 p.m.; There
shall be no outdoor ship or site cleaning operations between the hours of 8:00 p.m. and
7:00 a.m.; There shall be no storage of boats in the paved parking spaces or travel aisles; 9)
The N Osceola Ave. entrance and the eastern entrance from the Seminole Boat Launching
Facility shall not be used unless determined necessary for vehicular access by the Traffic
Engineer or Fire Marshal, with the primary concern being public safety rather than on-site
traffic circulation convenience; 10) The cruise ship shall be enclosed and all entertainment
shall occur within the enclosed spaces of the cruise ship while in the marina; 11) The cruise
ship shall be docked in such a manner that its exhaust is emitted in a westerly direction and
engine operations while in the marina shall be kept to the minimum required by navigational
necessity; 12) The cruise line shall continue to clarify the "service charge" issue in its
advertising, promotions, sales arrangements, employee training and ticket schedules so the
fee is not identified in any way with any charge imposed or revenue received by the City of
Clearwater; there shall be no reference to a "port charge"; 13) The marina dredging shall be
commenced by February 1, 1995; and 14) The cruise lines shall pay the City the remaining
balance of $29,778 in Transportation Impact fees, or provide adequate documentation to
justify a lesser fee amount in the determination of staff, within 10 days from this public
hearing.
Central Permitting Director Scott Shuford stated the cruise line has met some of the
conditions established by the City Commission but not all site improvements have been
completed. He noted the applicant requested the completion date be tied to the regulatory
process rather than a date certain. Staff prefers a date certain be established because of
the length of time already passed. He noted a substantial amount of impact fees are due
and recommended no change to that condition. Staff does not intend to renew the
occupational license until the fee has been paid or addressed.
Mr. Shuford said the applicant has not expeditiously applied for permitting to dredge
the marina because they wish to resuscitate their maintenance dredge permit that has
lapsed. The City advised them it would be appropriate for them to file for a new permit,
pay the fee under protest, and state their reasons in writing. If DEP feels their reasons are
minCC11 a.94
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justified, the fee will be refunded. The staff recommends a condition that stipulates the
dredging must start within 90 days. Staff feels if the City supports the permit activities, the
marina can meet the condition. Staff is concerned regarding the marina dredging because
the ship has been grounded and silt from the marina tends to be churned up by the ship's
prop wash resulting in environmental damage. He noted some slip owners in the marina
have complained their slips are more shallow.
Mr. Shuford noted the cruise line has been operating a year. This may be the City
Commission's last opportunity to review this request because the new alcoholic beverage
ordinance does away with the separation variance concept. Staff will make certain
conditions established by the Commission will be respected. The City recognizes the cruise
line's economic benefit to the area and the resulting revitalization of the marina. No
negative comments or concerns from surrounding neighbors have been filed since June
1994. Mr. Shuford recommended action be taken on the outstanding issues regarding the
parking lot and dredging.
The Mayor noted the cruise line had a year to meet the conditions. She questioned if
the Commission approves the staff's recommended conditions and misses their deadline,
would they be out of business. Mr. Shuford encouraged the Commission to act firmly on
these issues.
Frank Stanonis, attorney representing the applicant. reported the Planning and
Zoning Board approved a Conditional Use permit and the Commission reviewed the
separation variance. In March 1994, the marina came back to include the additional parking
lot. He said much has' been accomplished in eleven months. Mr. Stanonis indicated it is his
understanding the impact fees have been paid and all of the conditions are in compliance
but two, the maintenance dredge and parking plan. A permit for the parking facility has
been filed. Once the permit is in the regulatory process, no one can predict when it will be
resolved. The marina has put out bids to estimate how long construction win take once the
permit is issued and determined approximately 120 days will be required. He suggested
there was no point in establishing a completion date that cannot be met. He requested
changing Condition #3 to stipulate a date 120 days after the permit's issuance.
Mr. Stanonis reported staff was to be copied on all dredging correspondence since
that condition was imposed at the June 2, 1994 meeting. In January, the cruise line tried
to apply for a maintenance dredge exemption but the DEP had provided the incorrect permit.
The marina then took over representation on the dredging issue. He noted there were no
incidents of grounding or prop dredging since January 1994. He pointed out 'the one
complaint from the Marine Advisory Board consisted of forwarding two complaints from
marina tenants that boats were stuck in the silt.
Mr. LeVasseur initiated a basin study this fall. Mr. Stanonis indicated dredging is
'very expensive. He said it was important to determine from where the material comes and
why'the dredging needs to occur. Mr. Stanonis submitted Exhibit 1, the three complaints
and Exhibit 2, the sounding data submitted by the cruise line in November 1993 indicating a
two.foot depth at low tide in the eastern part of the marina where there are no slips
because of existing siltation problems and a six~foot depth at the cruise ship berthing area.
He claimed there have not been any environmental problems and the claims of turbidity,
minCC11a.94
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water quality violations, and complaints are without foundation. He said the marina owner
has bent over backwards to accommodate the needs of the City and neighborhood.
Mr. Stanonis noted the condition only stipulated they copy the City on
correspondence regarding the dredging and did not require actual dredging. The marina did
not resuscitate an old permit. They attempted to obtain a maintenance dredge exemption
and going to the Army Corps of Engineers and Pine lias County navigation. He questioned
why the dredging posed a problem when all of the other conditions were met. He
suggested confirming with the City Attorney's office regarding the length of time it takes to
process permits. Tom Miller, Assistant Director Environmental, stated the environmental
position was summarized in materials distributed to the Commission. He noted the two
permits under discussion are for surface water management and dredging. He indicated the
issue is intent. From the outset, it was recognized the cruise boat had a six~foot draft
docking in a berth with a six-foot depth. The staff had expressed water quality concerns
that dredging occur within the marina. In an attempt to be helpful, staff requested the
cruise line provide proof of intent or a permit to indicate dredging plans for the basin were
progressing. He noted a year has passed and, to date, the marina has not applied for a
dredging permit but has only sent letters requesting exceptions relating to dredging upland
channels. DEP indicated dredging within the basin does not constitute an exemption
because it is not an upland cut channel or ditch. The marina now is outside'the formal
regulatory process because they have not actually applied for a permit and submitted their
application fee. DEP is not required to respond and has turned the matter over to their
enforcement section for review.
Commissioner Deegan questioned if one of the proposed requirements from
Environmental was to apply for a permit and forward evidence of the application to the City.
Mr. Miller said it was. Commissioner Deegan noted the condition only stated the applicant
had to provide the City with correspondence. Mr. Miller indicated he did not know what
happened but the original intent was for the cruise line to dredge the basin which they
agreed to by letter. Commissioner Deegan noted the applicant is not satisfied with the
reasoning issued by the DEP and suggested that does not 'prove the applicant Is dragging his
feet. Mr. Miller said a simple solution would be for the marina to submit a two-page
application, a $500 fee, backup information, and include the arguments for a maintenance
dredging in the cover letter. If the DEP agrees, they will refund the $500. Either way, the
process would have begun.
Commissioner Deegan noted the DEP did not provide a reason for denial of the
exemption. Mr. Miller said DEP advised him they feel they have given adequate reason to
the applicant and are not required to provide additional information because the applicant is
outside the process. Commissioner Deegan did not feel the City should jump to the
conclusion that the applicant has to proceed the way the City dictates 'and not their own
way.
Howard LeVasseur agreed it sounds ominous that the project has been in process for
a year. He reported estimates to dredge the marina are between $300,000 and $400,000.
He noted he questioned why the marina filled in within a ten-year time period. He indicated
three storm pipes, without easements, drain into the marina. He stated Coastal
, Environmental has completed a study indicating sediment in the basin has come from upland
minCC11a.94
11/03/94
6
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sources. He claimed the storm drains are filling his marina. He questioned why he was
suddenly responsible for dredging. He stated soil analysis has been completed regarding the
spoil and its removal and maintained the siltation runs out from the storm drains. He said
he is not an obstructionist owner but has tried to analyze the situation. He felt the question
of dredging needs to be resolved between staff, the City Attorney, and marina owner.
Assistant City Manager William Baker indicated in the older parts of the City, many
pipes directed to the harbor were installed 50 years ago without easements. The Mayor
noted the applicant argues that the City is contributing to the siltation and should share the
responsibility of dredging. Mr. Baker noted the City does not deposit siltation in any of the
lines. He indicated staff sympathizes that this might occur but knew of no city where the
taxpayers have accepted responsibility for the pipes.
Commissioner Thomas requested a comment from the City Attorney. The City
Attorney felt Mr. Baker's analysis is correct but declined to reach a legal conclusion without
further study.
Mr. Shuford noted the applicant has proposed that deadlines be tied to obtaining the
required permits. He requested a time certain be established and noted permits can be
delayed from both sides. Mr. Stanonis said he would love to know how long permits take.
He felt specifying a deadline would ignore the State's regulatory process. The Mayor said
the City at least needs to know the applicant has applied appropriately for the permits.
Commissioner Thomas noted the applicant's attorney had stated they needed 120
days to complete the permitting process. Mr. Stanonis indicated the applicant needs 120
days to complete the parking lot once that permit, which is in its final stages, is approved.
Commissioner Thomas questioned a time certain completion date on the dredging. Mr.
Shuford said the applicant wants neither condition to be time certain. The applicant has
indicated they will complete the work on the parking ,lot 120 days after they get their permit
from DEP at no certain time. Mr. Stanonis stated the applicant does not know when the
permit will be issued. Mr. LeVasseur said his organization has begged DEP for the permits
and has diligently pursued its issuance.
Commissioner Barfield questioned when the marina applied for the permit for the
. parking lot. Tom Radcliffe, a civil engineer with L1overas, Baur and Stevens, stated after the
meeting that established the October 1, 1994 deadline, the engineers drafted a plan and
applied for a permit. Within three weeks of that application, Pinellas County advised them
of a problem because the marina originally had a Department of Environmenta' Regulations
(DER) permit which is now under DEP jurisdiction. The application for the final permit was
submitted on August 15, 1994. Based on DEP assurances, he believed the permit will be
issued within 90 days. Mr. Shuford explained staff recommended a January 1, 1995,
deadline based on information submitted by the applicant on September 28, 1994, where
the engineer indicated DEP may take an additional 90 days in the review process. He
suggested the tractors can be ready to go once the permit is approved.
Commissioner Thomas questioned why anyone has to obtain a permit to build a
parking lot in the City. Mr. Shuford said circumstances differ here because the parking lot is
attached to a marina. Commissioner Thomas questioned what would happen if the City
minCe118.94
11/03/94
7
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issued a permit for the parking lot because it is in the City. Mr. Shuford stated the City is
involving the State because it is part of their jurisdiction and that is the law. He understood
the Commission's frustration and indicated a need for an established time period.
Commissioner Thomas questioned the City Attorney if Mr. Shuford was correct
regarding permitting requirements for the proposed parking lot and why the State has ,
jurisdiction. The City Attorney indicated the State has jurisdiction based on the stormwater
quality issue. The Mayor questioned if every stormwater retention area has to be approved
by DEP. Mr. Baker stated all stormwater retention requires DEP approval.
Mr. LeVasseur noted the proposed parking lot is across the street and not contiguous
with the marina. DEP is involved because the marina owns the land. He reported his
organization opened bids for parking lot construction on August 22. 1994. He indicated he
is ready to build and has no reason to stall. Mayor Garvey questloned if these types of
permitting typically take this long. Mr. Baker agreed it does. He said staff has never
indicated the parking lot would have to be built by a specific date but that the applications
for permits would have to be completed. He said staff had not seen evidence before tonight
that the applicant had applied for the permits.
Commissioner Deegan noted tonight staff proposed a date to complete the work.
Mr. Miller stated staff's position has been that the applicant would apply for a permit and
complete construction within 90 days. Mr. LeVasseur said his organization is trying to
obtain a permit to build the parking lot. He questioned how the City could doubt they were
not applying their best efforts. He noted they applied for permits for the project prior to
their August application to the DEP. They have kept staff notified of all permitting
applications.
Commissioner Fitzgerald questioned if an application for the parking lot has been
submitted to the DEP. Mr. LeVasseur agreed. Mr. Miller indicated it is confusing because
two permits are required. The date staff chose for completion was based on a date
provided by the applicant for the parking lot.
Commissioner Deegan noted the Commission is aware that permits cannot be rushed.
He recommended holding the applicant to a certain time period to complete the job after
receipt of the permit.
Commissioner Berfield questioned when the ship began operations in Clearwater.
, Mr. LeVasseur indicated the inaugural sailing was in January 1994. Commissioner Berfield
, questioned if he knew the construction of the parking lot was a requirement at that time.
Mr. LeVasseur said no. That requirement was established at the April 1994 meeting. He
noted the marina had requested a refund of the application fee from SWFWMD in June after
Pinellas County kicked the permit application to DEP. Mr. Shuford noted the applicant
chose the October 1, 1994 deadline. He realized the permit application was held up for
three months through the agency confusion. He suggested establishing a January
completion date would furnish them with the three months they had lost. He recommended
confirming a commitment to a completion date. He indicated the parking lot area is
unattractive and poorly maintained. Mr. LeVasseur felt he was handcuffed by the
minCC 11 a.94
8
11/03/94
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permitting procedure and questioned what can be done to expedite the process. He
reiterated they need 120 days after they receive their permit to construct the parking lot.
He stated his willingness to deposit enough money in escrow to cover the bids.
Commissioner Berfield questioned why he needed 120 days when he had earlier
indicated he could build the Jot in 30 days. Mr. LeVasseur said the bids range from 60 to
90 days to complete construction with commencement within 10 days of notification.
Commissioner Thomas suggested the bids were no longer valid.
Consensus was to change condition #3 to require the completion of the parking lot
within 120 days after issuance of the permit. Commissioner Thomas added the permit must
remain active. Commissioner Deegan requested adding a footnote that the empty lot will
have to remain tidy until construction commences.
Mr. Baker stated staff, including those in environmental, do not want Mr. LeVasseur
to spend money to dredge sand from his property just because it is there. He indicated he
would like to find a way not to dredge. The environmental aspect focuses on problems
based on the ship churning up the bottom.
Commissioner Deegan said the applicant is resentful that the City has implied the
prop dredging or the motion of the cruise ship has caused the problems in the other slips.
. Mr. Baker said the City has not taken that position but has reported on complaints alleging
that has happened. Mr. Miller stated the initial study the cruise line provided the City
indicated insufficient room to operate a ship with a six-foot draft without disturbing
sediment. Several months later, the cruise line sent the City an additional letter with
another study indicated the bottom contours under the ship had considerably changed and
the bottom contours in other areas of the basin had become shallower. Based on this data,
it was obvious to staff there had been some movement of the bottom sediments. Slip
owners had commented to the City that they had seen prop wash occur and believed the
reason they could no longer leave their slip was due to disturbed bottoms due to the cruise
ship.
Mr. LeVasseur stated the Commission received depth soundings from Empress Cruise
Line in November 1993. He said on January 27, 1994, a letter from the engineering firm,
L1overas, Baur, and Stevens indicated nine-feet of depth during high tide at the Clearwater
Marina. He said the depth soundings presented in November were not based on a
bathymetric study but on data from a simple depth recorder, which is known to be
Inaccurate. He said they had not tried to present scientific data, just data that indicated the
dredging is a maintenance issue. He suggested if he wanted not to have slips anymore,
that should be his choice. He stated a January 27, 1994, City memorandum indicated staff
would monitor the ship's turbidity. Clearwater Marina has received no requests to enter the
marina for information nor has the marina been cited. When he bought the marina, slips had
already been lost to the stormwater outfall drain. He expressed concerns as to the source
of the siltation and a resulting cure. He did not share Mr. Baker's observation that this is a
world problem and the City has no responsibility. He said this serious issue needs to be
addressed separately from a request for an alcoholic separation variance.
minCe11 a.94
9
11/03/94
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Mr. Baker said because the City has an environmental commitment and believed the
scouring caused a cloud, staff had wanted dredging to correct the problem. He said the
City does not intend to be the judge regarding if dredging is required or not. He said the
City wanted the marina to apply to DEP and have that agency determine if it is necessary.
He indicated if DEP is convinced the shipts use of the marina is not harming the environment
and a permit is not required, then no problem exists. Mr. Stanonis said the draft is between
six and nine feet and there is no need to dredge. The Mayor agreed the marina should go
through the DE? process to determine what is required. Mr. LeVasseur questioned why the
marina should go to the DEP when it has never been cited for wrongdoing. He said no
verification has been presented to prove the cruise ship causes turbidity.
Commissioner Deegan questioned why the applicant needs to contact DEP. Mr.
Baker understood DEP intends to initiate enforcement action against the marina because the
cruise ship is operating there. Mr. LeVasseur said the DEP action was solely based on Mr.
Millerts claim that the ship is causing turbidity. Commissioner Deegan questioned the Cityts
Environmental Management Groupis recommendation to require the marina to obtain a
dredging permit. Mr. Miller said when the marina approached the City last year regarding
improvements to the marina, the study they provided the City showed there was six-feet of
water above the bottom and the boat drew a six-foot draft. As a result, the City could only
assume the depth was insufficient to avoid turbidity. They did ground the ship as a result
of their operation. He said a condition of the site plan was for the channe' to be dredged.
Commissioner Deegan noted the condition was to show correspondence even though the
intent may have differed.
Mr. Shuford questioned if condition #13 should be struck. Mr. Baker suggested DEP
c will address this matter as they see fit. Commissioner Deegan questioned if the City was no
longer claiming it was obvious the ship is causing turbidity problems. Mr. Baker said the
City was not making that claim tonight but believed it when they said it.
Commissioner Thomas questioned who recommended a condition regarding the
dredging be inclyded. Mr. Baker said the Cityts environmental staff have sign off
responsibilities on projects. When they suspected this might be a problem and discussed it
with the cruise line, the cruise line indicated they would cooperate. The City is not fighting
with them. He stated the City only found out tonight that the marina wanted to challenge
the requirement to dredge. Commissioner Thomas questioned if prior to this time, the
marina and City were cooperating and working together and now they have changed their
position and state they do not have to dredge. Mr. LeVasseur stated this position is not
new. He said a letter was sent to Mr. Shuford from L10verast Saur, and Stevens on July 27,
1994t stating ,the dredging was a maintenance issue and indicating they did not feel it was
a cruise line Issue.
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Commissioner Thomas questioned if Mr. LeVasseur disagreed there was an
agreement regarding the marina dredging. Mr. Baker referenced a copy of letter dated
November 12, 1994, that said Empress Cruise Line would dredge the marina as agreed. Mr.
LeVasseur said that lettor was sent by Empress Cruise Lines, three days before their right to
negotiate for the marina was rescinded.
minCC11a.94
11/03/94
10
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Commissioner Thomas questioned if Mr. LeVasseur knew the marina was full of silt
when he purchased it. Mr. LeVasseur said he understood there was some silting and two
slips along the southernmost drain had been lost. Commissioner Thomas questioned if Mr.
LeVasseur keeps his boat in the marina. Mr. LeVasseur said he did. Commissioner Thomas
questioned if Mr. LeVasseur knew two slips were filled in with silt, did he realize silt was a
problem elsewhere in the marina. Mr. LeVasseur said he did not make that assumption.
When he found there was a problem, he had a study done to determine its source.
Mr. Shuford stated staff has agreed to drop condition #13 and the dredging issue no
longer requires discussion. Commissioner Thomas said it had not gone from his point of
view. He suggested the marina be viewed with common sense. The storm pipes have been
in their location for many years. He suggested when a large ship with large propellers is
brought into a small marina with silting problems, some turbidity of the silt will occur. Mr.
LeVasseur said he has not seen the turbidity. Commissioner Thomas noted the Empress
Cruise ship is unusually large for the marina which had been sitting idle for a long period of
time. He indicated he believes staff's position that the ship is causing turbidity. He said by
now, the propeller has prop dredged the marina to keep it clear. Mr. LeVasseur said boats
with six-foot drafts used the marina prior to the ship's arrival.
Commissioner Deegan noted condition #13 was being deleted and condition #1 has
been taken care of. He suggested the Commission should be ready to reach a decision on
this issue. He suggested apart from the present discussion, the City's environmental staff
should do a turbidity study and act on it accordingly. Mr. Baker indicated Clearwater has
not given up its concern for the environment. Commissioner Deegan indicated he was glad
this problem worked out because he felt the operation of the cruise ship is a benefit.
Mr. Baker noted while sand and silt runs from the upland to the lowland, the City
does not put anything into the pipes. From time to time, the City cleans sand out of the
pipes. He said the City would take action against anyone upland who is polluting. George
Girach, a representative for the applicant, disagreed with Mr. Baker's comment. He said the
drainage into the marina is a serious problem.
Commissioner Fitzgerald noted one of the applicant's representatives said the impact
fees had been paid but the City indicated they had not received them. Mr. Shuford
'.indicated the City has no record of payment.
David Bacon, representative for Empress Cruise Lines, said his office wrote the letter
on October 28, 1994 and delivered the check. He said the original assessment for impact
fees totaled more than $29,000. According to Mr. Shufor.d's October 19, 1994 letter, an
additional approximate $10,000 for additional boat slips was deemed due in addition to
$19,000 owed on the original assessment. The letter accompanied a check for the original
$19,000 balance and contained an explanation that the additional assessment would be
paid by the landlord. If the landlord did not pay, the letter indicated the cruise line would.
Mr. LeVasseur said the "additiona'" slips were replacement slips but deemed to be new
ones.
minCC11 a.94
11/03/94
1 1
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Bob Bickerstaffe spoke in favor of the cruise line and looked for staff to work with
them. He noted how Stevenson's Creek fills up the harbor. He recommended bending over
backwards to help the cruise line.
Commissioner Deegan moved to accept the alcoholic beverage minimum distance
separation variance and six month trial period review for Clearwater Bay Marina subject to
the conditions as recommended by staff (see page 4) with the modification of Condition #3
to read, lithe applicant shall complete aU proposed site work associated with the new
parking facility within 120 days after permit issuance from DEP contingent upon the permit
application continuing in an active status," and delete Condition # 13 and renumber
Condition #14 as #13. The motion was duly seconded.
Commissioner Thomas questioned if Empress Cruise Line has addressed the City's
concerns regarding non payment of sales tax by boat passengers. Mr. Bacon said he was
not aware of the issue and requested additional correspondence. A copy of letter from the
State Department of Tax and Revenue will be forwarded to the cruise line.
Upon the vote being taken, the motion carried unanimously.
Commissioner Berfield said this case is representative of what happens when the
Commission rushes to work with someone to quickly establish a business. She
recommended instead of rushing to approve a similar project, the Commission should take
more time to be certain the conditions are met. She felt the Commission had been too
hasty when they first approved this cruise line operation. She recommended the
Commission pay more attention to the details of these proposals before approval.
The Commission recessed from 8:04 to 8: 14 p.m.
ITEM #9 - (Cont'd from 09/01, 10106 & 10/20/94) Variance(s) to Sign Regulations for
property located at 20967 US 19N, Sec. 17-29-16, M&B 23.05 (Clearwater Motel,
Inc./Howard Johnson Motel, SV94-24)(CP)
Mr. Sh'uford reported that staff reviewed the modification of the proposed sign
presented by the applicant. Staff recognizes the sign needs to be strung between two
existing poles. The applicant has amended the application and now requests an area
variance of 37.83 square feet to allow a sign area of 149.83 square feet. Staff recognizes
the additional area is needed ,because of the multiple businesses on the property and the 18-
foot distance between the two poles. Staff recommends approval of the sign as modified.
Todd Pressman, representative for the applicant, verified pictures of the property
presented him by Mr. Shuford. Mr. Pressman indicated the sign is the last one on the
access road. He noted the visibility of the sign from the intersection is a problem. He
'reported the property has reduced its. wall signage by 50%.
Commissioner Thomas questioned if Mr. Pressman agrees with staff's
recommendation. Mr. Pressman said he agreed.
minCC11a.94
1 1/03/94
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Commissioner Thomas moved to approve a variance of 37.83 square feet for a total
signage of 149.83 square feet for property located at 20967 US 19N. The motion was duly
seconded.
Commissioner Deegan referred to the last page of the agenda item, and noted the
Howard Johnson's sign will be 100 square feet. He questioned if the remainder of the
signage will be for the reader board. Mr. Shuford said the two strips win be for a reader
board and comedy club sign., Commissioner Deegan questioned if the strips would be
located between the poles. Mr. Shuford agreed. He said staff had considered requiring the
Howard Johnson's sign fit between the poles and lower the variance by two-square feet but
felt the presented design was preferable.
Upon the vote being taken, the motion carried unanimously.
ITEM #10 - Variance(s) to Sign Regulations for property located at 2907 SR 590, Sec. 8-29-
16, M&B 11.01 (Mission Hills Plaza Venture/Johnny's Italian Restaurant, SV94-35)(CP)
The subject property is located on the south side of SR 590, east of Lori Drive. The
eight square foot variance requested is to permit the existing 56 square feet of attached
signs to remain.
Mr. Pressman said Mr. Galanti had requested he advise the Commission that Mr.
Galanti had to leave the meeting and requested the Commission to continue the request.
Commissioner Fitzgerald moved to approve the variance of eight square feet to
permit 56 square feet of attached signage at 2907 SR 590. The motion was duly
seconded.
Commissioner Thomas noted there is signage in the window at the restaurant. The
Mayor said that signage is what is being addressed.
, Commissioner Berfield questioned how large a variance was denied for Val's attached
'signage. Mr.' Shuford thought that variance was about eight feet but noted the major issue
at Val's was the number of attached signs.
Upon the vote being taken, the motion carried unanimously.
lTEM'H11 "V~ri;lnr.p.(~) tn Sign Rp.glll;Jtinn~ for property located at 2218 Gulf to Bay Blvd.,
Sec.18-29-16, M&B 23.13 (Koumoulldis/Mr. Submarine/Mr. Gyros, SV94-36)(CP~
The subject property is located on the north side of Gulf to Bay Blvd., east of Belcher
Road. The applicant is requesting the following variances: 1) a height variance of seven
feet from the permitted 20 feet for a freestanding sign; 2) an area variance of 94 square
feet from the permitted 64 square feet for a freestanding sign; 3) a setback variance of five
feet from the required five feet to allow a freestanding sign zero feet from the Gulf to Bay
Blvd. right-of-way; and 4) a variance of one message panel from the permitted two message
panels on a freestanding sign.
minCC11 a.94
11/03/94
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, Mr. Shuford said this request is to allow an existing sign to remain. He said the sign
is large and grossly out of character with the zoning in that area in terms of its height and
size. Staff recommended denial of all variances but the one regarding the setback as long
as the signage is centered on the pole.
The applicant was not present. Mr. Shuford recommended the item be continued to
be certain the applicant has an opportunity to address the issue.
Commissioner Thomas noted the City permitted a seven foot height variance for Bay
Area Neura Muscular and questioned the special circumstances on that approval. Mr.
Shuford said that sign, on the north side of Gulf-to-Bay between Cleveland and Highland,
would have been blocked by existing buildings constructed close to the property.
Commissioner Thomas moved to .d.e.mt the height variance of seven feet, the area
variance of 94 square feet, and a variance of one message panel and to approve the setback
variance of five feet for the subject property for meeting Section 45.24 Standards for
Approval, items 1-4, subject to the condition that the sign panes shall be centered on the
existing pole and by maintaining a sign within the street setback pursuant to this variance,
the owner and applicant agree that no governmental agency shan be liable for the cost of
relocating or removing the sign in the ev!!nt the property is acquired by eminent domain for
road widening or any other public purpose. The motion was duly seconded and carried
unanimously.
ITJ;M #1? - V:uiRncp.(~) tn ~ign Rp.OlllRtinn~ for property located at 1616 Gulf to Bay Blvd.,
lakewood Replat, Lot 7 and E 45' of Lot 6 (Remprop Inc./Metz/American Family Insurers
Inc., SV94-37){CP)
The subject property is on the northwest corner of Gulf-to-Bay Blvd. and Yelvington
Avenue. The applicant is requesting a setback variance of 3.5 feet to allow an existing
freestanding sign 1.5 feet from the Gulf-to.Bay Blvd. right-of-way.
Mr. Shuford reported staff recommends approval of this request subject to the top of
the sign being modified to produce a finished appearance within 60 days.
, Richard Metz, son of the applicant, verified pictures of the property presented him by
Mr. Shuford. The Mayor questioned if he had any problems with the recommendations. Mr.
Metz indicated he did not.
Commissioner Berfield moved to approve the setback variance of 3.5-feet for the
subject property for meeting Section 45.24 Standards for Approval, items 1-4, subject to
the condition that the top of the sign pole shall undergo cosmetic repair to produce a
finished appearance within 60 days after this public hearing and by maintaining a sign with
the street setback pursuant to this variance, the owner and applicant agree that no
governmental agency shall be liable for the cost of relocating or removing the sign in the
event the property is acquired by eminent domain for road widening or any other public
purpose. The motion was duly seconded and carried unanimously.
minCC11a.94
14
, , /03/94
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Public Hearing - Second Reading Ordinances
ITEM #13 - Ord. #5694-94 - creating Sec. 17.06 to require permits for fireworks displays,
pyrotechnic special effect displays, and open fires, and establishing a schedule of fees for
such permits.
The City Attorney presented Ordinance #5694-94 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5694-94 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
UAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #14 - Ord. 5667-94 - Creating Sec. 36.039, to establish a Tropical Seascape Design
Review Committee, establish powers, duties & jurisdiction for the committee (LDCA94-23)
Ordinance withdrawn. New ordinance to be drafted.
ITEM #15 - Ord. #5697-94 - Annexation for property located at 1304 Ridge Ave., Highland
Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o.l. (Pappas, A94-20)
The City Attorney presented Ordinance #5697-94 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5697-94 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
,
ITEM #16 - Ord. #5698-94 - Land Use Plan Amendment to Residential Low for property
.Iocated at .1304 Ridge Ave., Highiand Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o.l.
(Pappas, LUP94-23)
The City Attorney presented Ordinance #5698-94 for second reading and read it by
title only. . Commissioner Deegan moved to pass and adopt Ordinance #5698-94 on second
and final reading. The motion 'was duly seconded and upon roll cal1, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
. ITEM #17 - Ord.. #5699-94 - RS-8 Zoning for property located at 1304 Ridge Ave., Highland
Pines First Addition, Blk 8, Lot 5, 0.19 acres m.o.1. (Pappas, A94-20)
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, The City Attorney presented Ordinance #5699-94 for second reading and read it by
titie only. Commissioner Thomas moved to pass and adopt Ordinance #5699-94 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
minCC11a.94
15
11/03/94
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ttAyestf: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Naystf: None.
ITEM #18 - Ord. #5700-94 - requiring below ground installation charges for 3/4" and 1 tt
backflow prevention devices when installed in conjunction with lawn meters and eliminates
charges for above ground backflow prevention device installations with covers
The City Attorney presented Ordinance #5700-94 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5700-94 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
ttAyestt: Fitzgerald, Berfield, Deegan, Thomas and Garvey.
t'Nays": None.
ITEM #19 - Ord. #5701-94 - Amending Sec. 28.10 re newsracks and vending machines
relating to notice and enforcement
The City Attorney presented Ordinance #5701-94 for second reading and read it by
title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5701-94 on
second and final reading. The motion was duly seconded.
Commissioner Deegan referred to a July memorandum from Mr. Shuford that
identified some sites with attached signage would be affected if the ordinance is approved.
He Questioned if those problems had been resolved. Mr. Shuford said they had not been
and indicated that was an issue staff wanted to touch on with the business community. He
stated staff has a number of amendments to the sign code regulations they would like to
present. Commissioner Deegan questioned if the ordinance is approved tonight, would all
the signs addressed in the memorandum become nonconforming. Mr. Shuford said that
signage is already treated as non-conforming and this ordinance does not affect the signage
issue. Commissioner Deegan noted this ordinance addresses vending machines. Mr.
, Shuford agreed the signage relates to the vending machines but is included in a part of the
code already in place. Commissioner Deegan indicated the memorandum stated numerous
properties have been identified as having new problems with attached sign code compliancd
as a, result of this ordinance. Mr. Shuford said when the Commission adopted the ordinance
that treated vending machine signage as attached signage, some businesses were suddenly
, in noncompliance because vending machine signage had previously been exempt. He said
staff raised the issue to advise the Commission of a potential problem. Enforcement has not
yet taken place. Commissioner Deegan noted the problem has not yet been resolved.
Commissioner Deegan requested clarification for a citizen. He referred to Section
, 28.10, subsection 4, saying, ttNo vending machine shall be installed or maintained within
any part of a public right-of-way." He questioned if paragraph 3 contradicts this sentence.
He felt it did not because a vending machine is identified as different from a newsrack,
which can be allowed on the public right-of-way. A vending machine cannot. He noted
Section 3 refers to newsracks on public rights-of-way and states those on sidewalks must
front toward the sidewalk's center. A following section referring to newsracks in the
minCC11a.94
11/03/94
16
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Upon a roll call being taken, the vote was:
nAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #20 - Ord. #5702-94 - Amending Sec. 1.12 re general provisions relating to
enforcement of civil infractions for repeat violators
The City Attorney presented Ordinance #5702-94 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5702-94 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
l'Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #21 - Ord. #5711-94 - Vacating 40' r-o-w easement lying along the N line of M&B
14.02, Sec. 17-29-16, subject to W 15' & N 3.5' being retained as a drainage & utility
easement (Parkwood Estates, V94-10)
The City Attorney presented Ordinance #5711-94 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5711-94 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan. Thomas and Garvey.
"Nays": None.
ITEM #22 - Ord. #5712-94 - Vacating 20' r-o-w of Eastmoor Ave., lying along W side of Blk
82, No.' 2 Springfield Sub. and lying E of Blk A, No. 1 Springfield Sub., subject to it all being
retained as a drainage & utility easement (City, V94-11)
The City Attorney presented Ordinance #5712.94 for second reading and read it by
title only. '
Mr. Shuford noted when this item came up for first reading, a citizen had expressed
concerns regarding how the vacated property would be distributed. The Property
Appraiser's office confirmed the vacated land originally came from the properties to the
west and will be' returned to them. He referred to a recent memorandum suggesting the
erection of temporary barricades and signage to address illegal dumping.
Commissioner Thomas moved to pass and adopt Ordinance #5712-94 on second and
final reading. 'The motion was duly seconded and upon roll call, the vote was:
minCC11 a.94
11/03/94
17
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"Ayes't: Fitzgerald. Berfield, Deegan, Thomas and Garvey.
ttNays": None.
ITEM #23 - Special Items of widespread public interest - None.
ITEM #24 - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #25-28) - Approved os submitted.
ITEM #25 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Urban &
RS-a Zoning for property located at 3137 San Mateo St., Delara Gardens, Lot 10, 0.17
acres m.o,l. (Ottaviano, A94-23, LUP94-26)(CP)
ITEM #26 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low &
RS-8 Zoning for property located at 1861 West Drive, Clearwater Highlands Unit B, Blk B,
Lot 11, 0.21 acres m.o.1. (Carroll, A94-24, LUP94-27)(CP)
ITEM #27 - Receipt/Referral - Land Use Plan Amendment to Institutional & PIS? Zoning for
property located at 609 Railroad Avenue and 705 & 707 Eldridge St., G.L. Bidwell's
Oakwood Addition to Clearwater, Lots 50, 51 & 60, 0.42 acres m.o.l. (Mount Zion United
Methodist Church, LUP94-25, Z94-11 )(CP)
ITEM #28 - Receipt/Referral - LDCA to delete requirement for receipt & referral of
annexations, subdivision plats, site plans, zoning atlas amendments & comprehensive land
use plan amendments; providing for variance approval by the Planning & Zoning Board;
requiring posting of properties which are the subject of proposed site plans and subdivision
plats; authorizing the Development Code Administrator to certify site plans & subdivision
plats;' authorizing the City Manager to determine whether to require the conveyance of land,
payment of cash, or a combination thereof to satisfy the Recreation land Impact Fee and
Open Space Impact Fee (CPI
The Mayor referred to Items 25 and 26, petitions for annexation, and questioned if
any effort has been made to attract the whole block. Mr. Shuford indicated it was difficult
to be pro-active on annexation issues.
Commissioner Berfield moved to approve the Consent Agenda as submitted and that
, the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
Commissioner Deegan referred to Item 28 and indicated what is being proposed for
receipt and referral is that the Commission would never see site plans for developments
under 25 acres. Mr. Shuford said that was correct except for sites involving a planned
development where the site plan is part of a zoning change. He said those types of plans
represent the bulk of the larger site plans. He noted the essential problem with receipt and
referral of site plans occurs when a room full of people oppose a particular use allowed by
minCC 11 a.94
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law and where all City codes are met. He pointed out these types of situations put the City
Commission in an awkward position. The Code Enforcement Review Task Force recognized
this problem and recommended the minimum size project requiring Commission review
should be 25 acres.
Commissioner Deegan felt 25 acres is too large for a minimum size project requiring
Commission review. He said he would not want the Commission to be ruled out of
reviewing the development of smaller properties like the bluff or East End. Mr. Shuford said
if a City property is involved, the Commission will be involved with approvals. He
suggested the Commission could receive and refer this item with direction to staff to
express concerns regarding the 25 acre limitation when going through the Board review
process.
Commissioner Thomas questioned if this was recommended because the City
Commission had a receipt and referral process that reviewed controversial developments.
The Mayor indicated two points are being discussed. First, the receipt and referral does not
have to go through the Commission. Second, site plans under 25 acres do not have to
come before the Commission. Mr. Shuford reported the City Commission now sees site
plans of non-residential properties of an acre or more or a residential property of eight units
or more. He suggested the City Commission's involvement with site plans puts them in an
awkward position of ruling on controversial ones that meet code. If the plan meets all
codes, the Commission has no choice but to approve it.
The Mayor noted the Receipt and Referral process is a formality to allow staff to
review projects and this process is recommended for elimination. She questioned if the
Commission wants site plans to come back to the Commission after staff has reviewed
them. Mr. Shuford indicated the proposal limits projects that will come before the
Commission to 25 acres or more.
Commissioner Thomas noted there is usually little controversy regarding small
projects.' He referred to the controversy surrounding less than one acre of land when the
three lots at Clearwater Community Hospital were discussed and noted the Chambers were
packed. Mr. Shuford indicated that issue involved a zoning and site plan change, and would
still be brought before the Commission. Commissioner Thomas noted some controversial
issues with Morton Plant Hospital were first addressed by Receipt and Referral. Mr. Shuford
indicated every Morton Plant Hospital issue was reviewed by the Commission because they
involved a land use plan change and a zoning change. He stated if the Commission is
comfortable with the zoning and land use patterns in an area, they would not see the site
plans of less than 25 acres. He said staff could advise the Commission of these activities
through a weekly list of sites.
Commissioner Thomas said if a landowner meets code, there is nothing the City
Commission can do about a development. Mr. Shuford agreed that was the point staff is
making. Commissioner Deegan questioned why public input is considered necessary. Mr.
. . Shuford suggested little issues regarding fencing and buffering can often be resolved
through these discussions.
minCC11 a.94
19
11/03/94
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The Mayor questioned if the Commission had a problem with cancelling Receipt &
Referral. Consensus was that the Commission had no problem with terminating the Receipt
& Referral process for issues other than site plans..
Commissioner Berfield questioned the size of the Builder's Square project. Mr.
Shuford indicated it is approximately 13 acres in size. Commissioner Berfield questioned if
that would have come before the City Commission. Mr. Shuford stated the Commission had
some control over that development because they had a development agreement for them
to control traffic.
Commissioner Thomas noted Mr. Shuford's references to zoning atlas amendments
and comprehensive land use plan amendments. Mr. Shuford stated the change would
curtail the formality of bringing Receipt & Referral issues to the Commission and begin the
process with Public Hearings. Land Development Code amendments were not included
because staff feels it important the Commission address those matters through Receipt &
Referral. Commissioner Thomas questioned if after the change occurs and a plan is
presented to staff that does not follow the rules, would the project be forwarded to the City
Commission. Mr. Shuford said if a site plan does not meet code, the only two options
would be to comply with the rules or seek a variance from the Development Code
Adjustment Board. Commissioner Thomas noted denied variance requests are appealed to
Hearing Officers and questioned if something is in the works to bring forward for discussion
his recommendation that the Commission take the place of the Hearing Officer. Mr. Shuford
said a memorandum has been issued reflecting the opinion of the boards.
Commissioner Deegan expressed concerns that the Development Code Administrator
will certify plans and subdivision plats unless they are over 25 acres. He felt 25 acres is too
big. The Mayor directed staff to get input regarding the size from the boards. Mr. Shuford
requested more detailed direction. Commissioner Berfield suggested setting the size at five
acres and (ncrease it if deemed appropriate.
Commissioner Thomas questioned the footprint of the Mass Brothers property on the
. bluff. Mr. Shuford reported the site which includes a portion of the parking lot and the
building is approximately two acres. Commissioner Deegan noted the Commission fiddles
around with site plans regarding curb cuts, location, noise and aesthetics. Commissioner
Thomas noted the Commission is not bound by law to accept a Receipt and Referral and if
the Commission refuses to accept it, the process is dead. The Mayor noted an applicant
must be given a fair hearing. Mr. Shuford noted if applicants meet all development codes,
they will prevail.
Commissioner Berfield noted the Receipt & Referral items on tonight's agenda and
recommended the minimum size property the Commission should review for development is
one acre. Mr. Shuford said the Receipt & Referrals approved tonight were for annexations.
Commissioner Berfield questioned the minimum acreage that could be included in the public
hearing advertisement regarding this amendrnent that would allow the City Commission to
adjust the acreage (f thoy deemed it appropriate prior to adopting the ordinance.
Commissioner Thomas noted if a developer obeys every single law, the Commission
has no standing. The City Attorney agreed. Commissioner Thomas suggested
developments requesting a variance should c:ome before the Commission.
minCC11a.94
20
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Commissioner Deegan and Commissioner Fitzgerald noted staff is following the
Commission's guidance and request to streamline the process.
Mayor Garvey recommended directing staff to proceed and change the minimum
acreage to five acres. Commissioner Deegan noted the Commission .may have issues they
want to discuss with the developer and did not want to miss that opportunity.
Bob Bickerstaffe felt things came back to the Commission in the wrong direction. He
said staff interpretation is not always the same as the Commission's would be. He noted
properties of less than an acre may need to be reviewed to check staff's interpretation. He
felt the system could be streamlined without bypassing the Commission.
Mr. Shuford referred to pages 4 and 5 of the Ordinance and indicated that presently
the Commission sees a preliminary site plan. He suggested instead of obtaining the required
additional information late in the process after the preliminary site plan has been approved,
all the information be provided up front. This process would have to be staff directed.
Commissioner Berfield questioned why the process would have to be two fold. Mr.
Shuford noted the only thing the Commission has denied during his tenure was one
subdivision. Commissioner Thomas said if the developer is obeying all of the laws, he had
no problem with never reviewing the plan. Commissioner Thomas suggested variance
requests first be reviewed by the Commission.
Mr. Shuford said staff discussed with the Code Enforcement Review Task Force
whether the Receipt & Review process was one they wanted to continue. The Task Force
indicated that process is an impediment to the processing of development and not customer
friendly but was uncomfortable with staff approving extremely large developments without
the Commission reviewing them first.
Commissioner Deegan questioned how to get the final site plan review back to the
Commission after staff has reviewed and addressed it. Mr. Shuford suggested customers
will object to the expense of preparing a final site plan if the City Commission can later deny
it. Commissioner Deegan noted the Commission could not object if the code had been
followed but noted little things 'may need to be addressed. Mr. Shuford suggested the site
plans could be provided with accompanying information in the Commission's weekly
information packet for individual comments.
Commissioner Thomas questioned if there was a solution to his concern that if the
proposed development does not obey all city rules, the proposal would first go to the City
Commission for review. Mr. Shuford suggested if a variance or conditional use permit is
, requested, the site plan could go to the City Commission for Receipt & Referral before it
goes to the Devetopment Code Adjustment Board and Planning & Zoning Board. He noted if
a development does not meet all the rules and obtain necessary variances, the City will not
approved the site plan.
Commissioner Thomas suggested the Commission could give comment on projects
requiring variances or conditional use permits. He said he was not hung up on a
development's size. He felt if every rule is not followed, the proposed development shoutd
come to the Commission before the boards review the requests.
minCC118.94
21
11/03/94
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Commissioner Deegan disagreed. He felt the Commission may wish to comment on
many projects that may fall within the law. He suggested providing staff with direction.
Commissioner Thomas moved to direct staff to change the acreage on Item #28 from
25 acres to the current limit of one acre for commercial properties and eight units for
residential. The motion was duly seconded.
Mr. Shuford indicated his understanding of the intent of the motion is to allow
discussion by the other boards as to what might be a more appropriate figure, if there is
one. Commissioner Berfield stated this direction referred to site plans only. Commissioner
Deegan agreed.
Upon the vote being taken, the motion carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #29 ~ Other Pending Matters
0) Request for funding - Community Pride Child Care Center of Clearwater, Inc.
The City Manager reported Community Pride Child Care Center of Clearwater, Inc.
(CPCCC) requested the City assist them in paying their transportation impact fees. By law,
the City. cannot waive the fees. In the past, the City has tried to locate alte'rnate funding
sources on c~ntain occasions. Staff reviewed the request and found CPCCC's request does
not fit into the City's established criteria for the special fund which generally pays for
housing. The School Board is unable to assist CPCCC. The County has agreed to waive the
County portion of the fee.
The Mayor questioned the reference to a $5,000 challenge grant. City Manager
Elizabeth Deptula said the challenge grant is for equipment. The Mayor questioned if the
.' County can waive the fee. Ms. Deptu!a said the City is not comfortable with the conclusion
that the waiver is legal. The County's Ordinance does not allow waivers. She said staff
does not recommend using the housing fund for this request. The Mayor expressed
concerns about other nonprofits requesting similar aid. Ms. Deptula noted the City has
supported the Center in a number of ways.
Commissioner Deegan spoke against setting a precedent. Mayor Garvey suggested
loaning CPCCC the money with the understanding they will pay it back or forfeit their
certificate a!. occupancy.
Commissioner Thomas agreed with Commissioner Deegan that the Commission has
worked diligently to help CPCCC by directing $14,404 in CDBG funds to them in FY
1993/94 and $31,634 in FT 1994/95. He suggested there is a limit to what can be done
with taxpayers' money. He recommended against loaning money to an organization without
money or. the ability to pay it back.
, Martha Skelton, CPCCC Executive Director, said her organization represents the
youngest members of the community. The children. which rango in age from two months
,to five years come from homeless shelters, abuse situations, and low income families.
, .
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minCC11 a.94
11/03/94
22
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CPCCC has been raising money far seven years to add on to their Holt Avenue Center for
infants and toddlers. She indicated expenses have been escalating. CPCCC has paid about
$7,000 to date for impact fees and has run out of money. She noted CPCCC cannot obtain
their certificate of occupancy until the traffic impact fees are paid. Once the center is open,
the three year old children can return from Ervin's All American Youth Club on Monday.
She indicated the school system cannot help because they own the land where the center is
located and do not and cannot pay impact fees. The County Administrator indicated the
County would waive the County's portion of the fee. The Mayor noted the legal opinion
was that the City cannot waive the fee.
Commissioner Thomas reiterated the Mayaris suggestion that the City loan the
money to CPCCC to cover the impact fees and questioned how CPCCC could pay back the
loan. Ms. Skelton suggested CPCCC could pay the impact fees and the City could donate
an equal sum back to the center. The Mayor noted the program is worthwhile but noted
many worthwhile programs operate in the City. Commissioner Thomas expressed concerns
regarding setting a precedent. He noted the City had worked hard to provide CPCCC with a
substantial increase in CDBG funds.
Commissioner Deegan noted while CPCCC's budget estimated the permits cost at
$6,000, the actual total was $20,343. He questioned who advised the center on the cost
of permits. Ms. Skelton said she did not recall but said the permits' cost is based on the
size of the addition, not the amount of additional children. She indicated the center is only
adding space for 32 children but the newly constructed space holds 72 children.
Commissioner Deegan said he was trying to find aut if someone mislead the center. Mr.
Shuford said the code sets a standard fee for a day care center at $3,204 per 1,000 square
feet. The category is rated high because of the significant trip rate day care centers
generate. He noted there are relatively limited exemptions and credits that can be applied to
impact fees.
Commissioner Thomas questioned if the City lent CPCCC the money, could a
category be predesignated so the funds could be paid back out of FY 1995/96 CDBG funds.
The Deputy City Manager did not beHeve that was possible.
Commissioner Berfield referred to the $20,000 budgeted for play equipment and
noted only $5.000 was spent. Ms. Skelton indicated the center did not have the additional
$15,000.. The center had raised a $5,000 match to qualify for a $10,000 grant for the
equipment. Commissioner Barfield questioned if some of that funding could be used to pay
the impact fees. Ms. Skelton indicated those funds have been designated for infant-toddler
equipment. She indicated she has been trying to raise money to cover the impa'ct fees since
April 1994. Commissioner Berfield questioned if CPCCC had approached the Education
Foundation. Ms. Skelton said they had not. Commissioner Berfield recommended they
contact that foundation.
Commissioner Thomas questioned if-the loan could be paid back next year from
designated CDBG funds. Deputy City Manager Kathy Rice did not think that was possible.
She said the only fund not restricted is the Social Service Fund which is funded by the
Commission.
minCC11 a.94
11/03/94
23
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Commissioner Deegan questioned how certain Ms. Skelton was that CPCCC could
pay back the City's loan within 12 months. Ms. Skelton indicated CPCCC would pay back
the City's portion of the traffic impact fees if that is the only way they can secure the
funds.
Ms. Deptula said staff will work up a loan agreement with CPCCC.
Commissioner Thomas moved to approve an interest free, 12-month loan from the
City to Community Pride Child Care Center of Clearwater to pay the City's portion of the
transportation impact fees. The motion was duty seconded and carried unanimously.
The Commission recessed from 10:01 to 10:14 p.m.
b) Harborvlew Center Restaurants RFP
Ms. Rice distributed Requests for Proposals (RFPs) for the Harborview Center
Restaurants on the first and third floors. The proposed opening for the competitive
proposals is December 2, 1994. Staff will recommend an award to the City Commission on
January 5, 1995. The Mayor thought the restaurants would not be chosen until a
management firm has been selected for the Center. Ms. Rice indicated staff will be
interviewing management firms on November 7, 1994, and plan to bring the City
Commission a contract on November 17, 1994. Mayor Garvey recommended the contract
be brought forward on November 28, 1994. Ms. Rice indicated there would be time to get
the management team on board before reviewing the RFP responses for the restaurants.
Commissioner Deegan questioned if a date was scheduled for a preliminary
discussion meeting with those interested in responding to the RFPs. Ms Rice said it was not
done this time as each proposer was advised to become familiar with the project and given
the names of Mr. Baker for a walk through. the architect's name, and Convention and
Visitors' Bureau for information on area visitors. Commissioner Deegan noted the RFP on
the downstairs restaurant refers to 1,500 square feet of outside dining which does not
show on the diagram. Ms. Rice said she would be certain a diagram describing the outdoor
area will be included.
Commissioner Thomas expressed concerns that the elevator area should not be
included in Stein Mart's lease. Mr. Baker said that is a receiving area. Commissioner
Thomas stated that should be a common receiving area for the entire building. Mr. Baker
indicated the loading dock has been divided into two spaces. Commissioner Thomas said
the City did not lease that space. Mr. Baker said the freight elevator will serve all three
floors. Ms. Deptula pointed out the freight elevator has a dual entrance. Mr. Baker s3id the
City was able to provide Stein Mart complete separation from the house services. The
Mayor felt the turn around time seems awfully quick. Ms. Rice said it was a month.
Ms. Rice questioned if Commissioner Deegan was comfortable with the technical and
financial evaluation criteria in the RFPs. Commissioner Deegan indicated he was.
Commissioner Fitzgerald noted the first statement indicates the City is soliciting
sealed competitive proposals for a waterview restaurant and questioned if the word "lease"
should be included. Ms. Rice said staff will make that clearer.
minCC 11 a.94
24
11/03/94
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Commissioner Deegan noted plans were for a classy third floor restaurant that
includes a dance floor. The Mayor remembered the restaurant would be upscale. Mr. Baker
said staff believes some responders will want a dancing area. Commissioner Deegan stated
if the Commission wants a dance floor, the bidders should know that. Commissioner
Thomas thought the restaurant would be for fine dining did not think it mattered if a dance
floor was included. The Mayor agreed.
Commissioner Deegan referred to the diagram and suggested a dance floor in the
third floor restaurant would attract wedding receptions. Ms. Rice suggested if the criteria is
to have the ability to provide for private parties and receptions with a dance floor, those
provisions should be given extra points in the evaluation criteria. Mr. Baker suggested a
note in the package that indicates prospective restauranteurs are not to be restricted by the
plan. Commissioner Deegan suggested the expectation is that what comes out of the RFP
would allow an option for a dance floor.
Commissioner Thomas noted the flexibility of the catering kitchen will permit the
lease of any of the upstairs rooms. The restaurant will be a separate business.
Commissioner Deegan noted the conference rooms will be carpeted. Commissioner Thomas
indicated dance floors are portable. Ms. Deptula reiterated Ms. Ricets recommendation to
provide extra points for additional amenities. Commissioner Deegan preferred Mr. Baker's
approach advising proposers not to be constrained.
i"' ' .
Commissioner Thomas questioned the stairway located by the second window from
the top. Mr. Baker said that is an existing stairway. Commissioner Thomas expressed
concerns that the stairway would lead from the restaurant to SteinMart. Ms. Deptula said
the stairway leads to the deck of the parking lot.
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Ms. Rice said the RFP is not currently written for the Commission to review all the
bidders. Staff will make recommendations to the Commission. Commissioner Thomas
questioned the criteria for the top five. Ms. Rice said that was listed on page 6.
Commissioner Thomas questioned how the points would be allocated. Ms. Rice said each
item would be given equal weight. Commissioner Thomas indicated he would like to review
staff's ratings in private.
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Commissioner Fitzgerald said his same comments regarding the word "lease" apply to
the RFP for the restaurant on the third floor.
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Commissioner Deegan requested the top three bids for the third floor be brought to
the Commission because of that floor's flexibility. Commissioner Thomas felt a minimum of
three and a maximum of five proposals should come to the Commission. Ms. Rice
questioned if the Commission wanted multiple proposals for both restaurants.
Commissioner Thomas indicated he did. Mayor Garvey expressed concerns regarding the
Commission establishing criteria. Ms. Rice said staff would first rank them before the
Commission made their choice.
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Commissioner Deegan said staff should not negotiate with these individuals until
they select those to whom they want to talk. Commissioner Thomas recommended playing
one against the other. Ms. Deptula said staff will bring the top three or four proposals so
minCC11 a.94
25
11/03/94
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the Commission can confirm staff's ranking and direct staff to negotiate with the number
one ranked firm.
Commissioner Berfield questioned when staff would bring back their
recommendations. Ms. Deptula indicated on January 5, 1995.
Commissioner Deegan requested staff bring back the top three proposals for each
floor. He suggested if a management firm is hired prior to the recommendation, a
representative should be involved on a committee reviewing the bids. Ms. Rice said staff
anticipated having that person.
Commissioner Berfield questioned the date of the award. Ms. Rice said she would
change the time frame based on tonight's direction. Commissioner Berfield questioned if
the top proposals could be brought to the Commission on January 3, 1995, with action on
January 5, 1995. Ms. Rice said that would not be a problem.
Commissioner Thomas moved to approve the RFPs to be returned with the top three
bidders on January 3, 1995 with the modification that bidders for the third floor restaurant
not be restricted by the diagram and the new management firm be involved with the
evaluation. The motion was duly seconded and carried unanimously.
CITY ATTORNEY REPORTS
ITI=M #::10 - Rp.~nllltjnn!::
a) Res. #94-94 - Demolition lien - 1630 N. Washington Avenue (Pugh/Joseph)
The City Attorney presented Resolution #94-94 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #94-94 and authorize the
appropriate officials to execute sarna. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
b) Res.. #94-95 - Demolition lien - 501 Pennsylvania Avenue (Key Estate)
The City Attorney presented Resolution #94-95 and read it by title only.
, Commissioner Thomas moved to pass and adopt Resolution #94-95 and authorize the
, appropriate officials to execute same. The motion was duly seconded and upon roll call, the
,vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
c) Res. #94-96 - Demolition lien - 1406 Pennsylvania Avenue (Wigfall Estate)
minCC118.94
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The City Attorney presented Resolution #94-96 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #94-96 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
d) Res. #94-97 - Demolition lien ~ 1 146 Engman Street (Patrick Estate)
The City Attorney presented Resolution #94-97 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution #94-97 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
e) Res. #94-98 ~ Demolition lien ~ 1604 N. Ft. Harrison Avenue (1604 N. Ft. Harrison, Inc.)
The City Attorney presented Re~olution #94-98 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #94-98 and authorize the
'appropriate officials to execute same. The motion was duly seconded and upon roll call, the
'vote was:
nAyes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
ttNayslt: None.
f) Res. #94.99 - Demolition lien ~ 1404 Pennsylvania Avenue (Bailey Estate)
" The City Attorney presented Resolution #94-99 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #94~99 and authorize the
, approp~iate officials to execute same. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Commissioner Deegan indicated the City has approximately $ 1 00,000 tied up in liens
resulting from the demolition of unsafe structures and questioned if the City ever collects
any of this money. The City Attorney stated the City has not had an aggressive collection
program and that is something that needs to take place. She said she will be presenting a
, program to address this. Commissioner Thomas questioned if the City Attorney planned to
address this issue with outside counsel. The City Attorney said she is holding that option
'minCC11a.94
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open. She indicated the process can be done on a contingency basis using outside counsel
but noted that would probably not represent the best deal for the City. She stated this
process can be accomplished in-house. She noted a number of liens have not been acted
upon.
Commissioner Thomas requested the City Attorney include in her plan a program to
foreclose on property to be dedicated to new construction for the City's in-fin program. The
City Attorney agreed to discuss that along with issues raised on certain liens. Commissioner
recommended having Clearwater Neighborhood Housing Service (CNHS) review the
properties to identify which can be used for their program. The City Attorney indicated
Tampa had a similar program that circulated information among non-profit agencies
regarding foreclosed properties.
ITEM #31 - Other City Attorney Items
The City Attorney reported the judge did not rule at the Gas Bond Validation Hearing
held Tuesday. November 1, 1994. He gave People's Gas until November 8, 1994, to file a
memorandum. He will rule: subsequent to that time. She will advise the Commission as
soon as the ruling is issued.
The City Attorney distributed proposed settlement agreements with Pick Kwik and
Circle K (Exhibit 3). She indicated the conditions that will apply to Pick Kwik are listed on
page two. The additional condition requested by the Commission for Pick Kwik to provide
two employees at the site and two rotating security guards was countered with a proposal
for two employees at the site and one rotating security guard or one employee at the site
and one rotating security guard based on their need and Florida law. The hours with this
coverage will be extended from 8:00 p.m. until 5:00 a.m. She indicated the agreements
will resolye aU litigation with Pick Kwik and Circle K.
Commissioner Thomas moved approval of the agreements. The motion was duly
seconded.
Commissioner Deegan referred to page 2, paragraph 1 under the terms, subparagraph
2 and noted the Hearing Officer's requirement for a condition that the applicant should
obtain the requisite alcoholic beverage separation distance variance from the City. The
agreement stipulates by agreeing to this, the Commission automatically is giving them the
alcoholic beverage separation distance variance.
Upon the vote being taken, Commissioners Fitzgerald and Thomas and Mayor
Gatvey voted "Aye;" Commissioners Berfield and Deegan voted "No." Motion carried.
ITEM. #32 - City Manager Verbal Reports
Ms. Deptula said the City has received a request from the Salvation Army. She
reported the Salvation Army used the first floor of the Maas Brothers building in the past to
prepare for the holidays. They requested use of Utility Building for holiday operations
starting November 4, 1994. She indicated the Salvation Army will provide insurance. If the
Commission concurs, Ms. Deptula said she and Ms. Akin will develop a letter of agreement.
mlnCC 11 a.94
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Commissioner Fitzgerald questioned what the building will be used for. Ms. Deptula
said the Salvation Army needs the space for storage and to take applications from those
seeking assistance during the Holidays.
Commissioner Thomas referred to conversations with the Chamber of Commerce
regarding a potential swap involving that building and expressed concerns that the City
retain access to the building. The City Attorney stated the letter of agreement will stipulate
the agreement is non-exclusive. Ms. Deptula wanted the Salvation Army to be aware that
the space is not optimum. Commissioner Thomas recommended the agreement spell out
that issue and that the City is not libel.
Commissioner Thomas moved to approve a non-exclusive agreement with the
Salvation Army to use the City's Utilities building for Holiday preparations with the condition
that the Salvation Army will provide proper insurance coverage. The motion was duly
seconded and carried unanimously.
t
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Ms. Deptula referred to the Town Meeting at the beach on November 2, 1994 and
noted many issues were raised and a mechanism needs to be provided to put some of the
issues into effect. Staff needs to analyze some of the others. She distributed a package of
information. Ms. Deptula recommended discussing one of the five topics at each of the
next five daytime meetings. This schedule would be completed by February 13, 1994. She
questioned if the Commission's response should be presented at the regularly scheduled
Town Meeting in March or if a special meeting should be scheduled. The Mayor questioned
if would make sense to address this during a regular Town Meeting.
Commissioner Thomas noted many people wanted an immediate follow~up in
December. He suggested a special meeting be scheduled for January. The Mayor
suggested the Commission first decide how to address the topics.
'Commissioner Fitzgerald said he reviewed his notes and indicated some items can be
moved on tonight without m~ch discussion: 1) management coordinate with the Police
Department to determine if training on handling people is adequate and appropriate; 2) a
letter be sent to the highway department to request highway signs noting Clearwater be
posted on major roadways; 3) the Chamber of Commerce and beach business people put
together the tourist survey instrument to be printed by the City and distributed by both the
beach businesses and the City; and 4) posting international symbol signs on the beach and
in tourist areas.
Commissioner Thomas recommended the survey be mailed back to the City Manager.
He noted tourism is a joint issue between the beach businesses and the City. The Mayor
said she had no problem with Commissioner Fitzgerald's recommendations.
Commissioner Thomas recommended a discount be offered for parking tickets paid
within 24 hours. The City Attorney Indicated she had not had the opportunity to look up
the State law on that issue, but will review it.
Commissioner Thomas questioned if there is an international sign for a large vehicle.
Commissioner Fitzgerald indicated there was one. He questioned if the Commission agreed
minCC11a.94
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with his recommendations. Commissioner Thomas indicated his agreement. He expressed
concern with the meter enforcers writing a parking ticket for someone standing next to their
car. Mayor Garvey noted directions regarding this matter were given to Ms. Deptula at the
Beach Town Meeting.
The Mayor questioned what Mr. Gionis was trying to do. Commissioner Thomas
stated he had requested information on why he cannot rent his property. Mr. Shuford
stated if Mr. Gionis has any more restaurant activity in his center, he will be classified as a
restaurant as opposed to a retail complex which will trigger additional parking requirements.
He managed to expand his restaurant through a loop hole to avoid some of the City's
punitive parking requirements.
Commissioner Thomas indicated he wanted some dialogue with the beach people on
these topics. The Mayor indicated staff needed to provide input and recommended the
topics be addressed by a systematic process. Ms. Deptula noted each topic could take two
hours of Commission discussion. She suggested her recommendation would be a
methodical way to discuss each topic.
Commissioner Thomas said he preferred Ms. Deptula's suggestion but expressed
concerns the beach citizens will complain if the Commission does not get back to them by
January. Ms. Deptula said if tourism is discussed at the November 29, 1994 meeting, some
suggestions will be implemented immediately.
Commissioner Thomas requested staff research the costs of outdoor advertising in
Orlando. The Mayor suggested staff also find out what the Tourist Development Council
. no C) and hotel/motel association are doing to avoid duplication of efforts. Commissioner
Thomas said the beach merchants want something directed to Clearwater Beach.
Commissioner Deegan suggested before the City rents billboard space, the Commission
should consider that the City is fighting billboards in Clearwater and questioned if the City
should be part of that visual pollution. Commissioner Thomas said billboards provide good
advertising and many exist in Orlando.
Mayor Garvey recommended sponsoring a tour of Clearwater Beach for Orlando's
hotel concierges to familiarize them with this tourist destination. She suggested the City
work with the Chamber regarding that approach. Commissioner Thomas said he still
wanted to know what a half dozen billboards in Orlando would cost.
Consensus was to go with Ms. Deptula's proposal to discuss one item at a time for
the next five daytime Commission meetings and implement Commissioner Fitzgerald's
recommendations.
The Mayor 'questioned if a special beach meeting should be scheduled.
Commissioner Deegan recommended delaying that decision.
ITEM #33 - Commission Discussion Items - None.
ITF:M 1J~4 - OthRr ~nmmh::~lnn A~tinn
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Commissioner Berfield distributed a memorandum listing her recommended
appointees, Les Smout and Buzz David, to the High Speed Rail Task Force.
Commissioner Thomas requested the Task Force be appointed as previously agreed
by the Commission. He referred to Roger Sweeney's appointment and expressed concerns
he may not champion Clearwater's bid for the High Speed Rail. He felt a critical litmus test
for all appointees should be their dedication to bringing the train to Clearwater t not Pinellas
County. Mayor Garvey responded that her recommendation of Mr. Sweeney was due to his
valuable technical background. Commissioner Thomas agreed he has technical expertise but
questioned if his appointment to Clearwater's Task Force might conflict with his job with
Pinellas Suncoast Transportation Authority (PST A).
Commissioner Thomas requested an update on the Ice House. Mr. Shuford said
construction materials are on site and the rehabilitation is proceeding slowly. The walls are
being shored and it appears a roof is being constructed. Ms. Rice reported a hearing has
been scheduled for November 18t 1994. At the previous hearing, the judge required the
owners to respond with dates and a game plan. They have not been submitted.
Cnmmi~~innAr f)AAo~n referred to a memorandum from Ms. Rice in tonight's mail
indicating two meetings regarding the High Speed Rail are scheduled. She and
Commissioner Deegan met with Tampa County Commissioner Ed Turanchik, a member of
the Governor's High Speed Rail Commission. Commissioner Turanchik chairs the
subcommittee to secure mass transit from downtown Tampa to Westshore. That meeting is
scheduled for November 8, 1994. The full commuter rail committee will meet on November
21, 1994. He suggested anyone interested in this project, especially members of
Clearwater's Task Force, should attend the meetings. Mr. Turanchik indicated no one had
suggested the High Speed Rail travel anywhere in Pinellas County but Gateway until
Commissioner Deegan and Ms. Rice spoke with him. He noted it will be an uphill battle to
attract the train to Clearwater and encouraged attendance at High Speed Rail Meetings. He
. indicated the deadline for completing the RFP is December 31, 1994.
Commissioner Deegan questioned the status of the Task Force. Ms. Deptula
suggested once the Commission appoints the nine names brought forward, staff can send
the members a letter notifying them of their appointment, recommending they attend the
November 21, 1994 meeting, and calling a first official meeting of the board.
Commissioner Deegan moved to appoint Roger Sweeney, Alan Bomstein, Pete
Woodham, Tim Johnson, Chuck PoUick, Curt Kiser, Dan Brockway I Les Smout and Buzz
David to the High Speed Rail Task Force. The motion was duly seconded.
The Mayor indicated she is in contact with a possible additional appointee.
Upon the vote being taken, the motion carried unanimously.
Commissioner Deegan referred to a September 21, 1994 memorandum he had sent
to the City Manager regarding the Planning & Zoning Board minutes referencing questions
regarding ex-parte communication. Mr. Shuford indicated a memorandum was sent to the
minCC11a.94
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Commission including information prepared by the previous City Attorney. He said staff
recognizes there are differences in legal opinions. The City Attorney said she will address
the boards regarding quasi-judicial hearings, Sunshine Law requirements, and other
questions boards frequently ask. She reported a hand book is planned. Commissioner
. Deegan,' requested this project appear on the City Attorney's follow-up list.
Cnmmh::!::inner rlAAgao questioned the meaning of a memorandum sent him by the
Mayor. The Mayor explained it was in response to a comment that a commercial center
was never considered for the former Maas Brothers property.
ITEM H~f1 - ArtjournmFmt
Tile meeting adjourned at 11 :26 p.m.
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RELEASE AND SETTLEMENT AGREEMENT
This Release and Settlement Agreement (the II Agreement II) is
entered into this day of , 1994, by and
between the City of Clearwater, Florida (the rtCity"), Nostimo, Inc.
("Nostimo"), and Pick Kwik Food Stores, Inc. ("Pick Kwik't). The
City, Nostimo, and Pick Kwik, together, will be referred to as the
"Parties" .
,',
Whereas, Pick Kwik and Nostimo and Circle K operate convenience
stores in Clearwater, Florida; ,the Pick Kwik convenience store
being located at 580 Mandalay Avenue (the IIPick Kwik Storell), the
Circle K convenience store being located at 571 Mandalay Avenue
(the ItCircle K Store").
Whereas, Circle K leased the premises from David Shear; Previously,
another convenience store operated on the Premises, and sold, beer
and wine for off premises consumption.
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Whereas, Pick Kwik and Nostimo applied to the City for a
conditional use to sell beer and wine for off premises consumption
at'the Pick Kwik Store.
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Whereas, Pick Kwik and Nostimo applied to the City for ,a separation
variance to sell beer and wine for off premises consumption at the
Pick'Kwik store.
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Whereas, the City denied Pick Kwik and Nostimo's application for a
separation variance; Subsequently, Pick Kwik and Nostimo initiated
" litigation against the City (the "Pick Kwik Litigationll)
challenging the denial.
Whereas, on August 16,,1994, Circle K received a conditional use
(the IICircle K Conditional Use") from the City's Planning and
Zoning Board to sell beer and wine for off premises, consumption at
the. Circle K Store; said conditional use was the final City
approval required for the sale of beer and wine for off premises
cons Uffiption ' at the. Circle K store. i
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Whereas, on August 29, 1994, Pick Kwik and Nostirno, pursuant to
section 36.065 of the Code of Ordinance of the City of Clearwater,
. Florida (the II Code II ), ,appealed the' approval of the Circle K
'conditional use (the rtAppeal"); under section 36.065'(3) (d) of the
Code, the grant of the. Circle K conditional use is stayed until
the Appeal is resolved.
Whereas, on September 2, 1994, Circle K sued the City seeking a
declaratory judgement that section 36.065 (3) (d) is unconstitutional
as'applied, and seeking a temporary injunction enjoining the City.
from enforcing section 36 '.065 (3) (d) against the Circle K Store (the
"Circle K Litigationll).
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Whereas, the Parties have met and have agreed that it is in the
Parties' best interests to settle the various disputes described
above and to permit Pick Kwik and Nostimo and Circle K to sell beer
and wine for off premises consumption from the pick Kwik Store and
the Circle K store, ~espectively.
TERMS
The ~arties agree as follows:
I. Upon the execution of this Settlement Agreement, and
approval by the City of Clearwater City Commission, pick Kwik and
Nostimo agree to comply with the following conditions as set forth
in the Hearing Officer's Reco~ended Final Order on 1/6/92t and
Order Amending Final Order dated 1/29/92 as follows:
(1) the applicants shall provide a security guard to
patrol its three Clearwater Beach establishments
between the hours of 8:00 p.m. and 2:00 a.m. on
Friday and Saturday nights, wi th monitoring reports
submitted to the City Planning and Development
Department not less than quarterly;
the applicants shall obtain. the requisite alcoholic
beverage separation distance variance from the City
Commission;. (This condition will be deemed to have been
met if the City Commission approves this Release and
Settlement Agreement.) . '.. .
( 2)
the applicants shall obtain the requisite occupational
license within six months of the date of the public
hearings on the application; (This condition has been
met. ) .
(4) 'the applicants shall restrict the hours of operations for
alcoholic beverage sales to 9:00 a.m. until 12:00
midnight Monday through Saturday and 1: 00 p.m. until
12:00 midnight on Sunday.
. I .
~urther, upon,the execution of this Settlement Agreement, and
approval by the City of Clearwater Commission, Pick Kwik and
,Nostimo agree not to expand its building located at 580 Mandalay
Avenue, Clearwater, FL, without the prior consent of the City of
Clearwater Commission. .
. (3) ,
,
In addition to the requirements set forth in subparagraph (1)
. above, Pick' Kwik will voluntarily exceed the requirements of
Section 812.,173(4)" Florida Statutes 1993 (the Convenience Store
Security Act), which would not otherwise currently be applicable to
the subject premises, by providing at least two employees or 'an
employee and a security guard on the subject premises between the
hours of 8:00'p.m. and 5:00 a.m. seven days a week.
2
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2. DISMISSALS. Within ten (10) days from the execution of
this Agre~~~nt by the Parties:
(a) The ci ty will grant Pick Kwik and Nostimo the
permits, variances, and uses necessary for the sale of
beer and wine for off premises consumption from the Pick
Kwik Store.
(b) Pick Kwik and Nostimo will dismiss the Pick Kwik
Litigation, with prejudice.
(c) Pick Kwik and Nostimo will dismiss the Appeal, with
prejudice.
The Parties will take all actions necessary, including
preparing and filing all necessary documents, to ensure compliance
with paragraphs 2(a) through 2(c).
3. NOTIFICATION. In exchange for the above, the City of
'Clearwater agrees to provide the State of Florida, Division of
Alcoholic Beverages and Tobacco, with written notification that
P!'ck Kwik meets all applicable zoning requirements set forth in the
City of Clearwater Land Development Code and is properly zoned to
exercise a State 2APS beverage license at its store located at 580
Mandalay Avenue , Clearwater, Florida. The City of Clearwater agrees
to acknowledge Pick Kwik' s compliance with local zoning
requirements on Pick Kwik's pending application for a 2APS license
transfer and decrease in series and to pro~ide the State of Florida
Division of Alcoholic Beverages and Tobacco with any additional
evidence of' zoning compliance it may require~
4. CONSIDERATION. In consideration of the making of this
Agreement, the promises and releases set forth below, and other
'good' and valuable consideration, the receipt and sufficiency of
,which <are ,hereby acknowledged, the Parties have entered into this
Agreement intending to be legally bound.
5. NO ADMISSIONS. Nothing in this Agreement shall operate
as or be construed as an indication, inference, presumption,
admission, or as evidence' relative to any fact, conclusion of law,
issue of liability, or any other matter on the part of any ,Party.
Each Party expJ:essly denies any and all liability to any other
Party.
, 6. RELEASES. The parties hereto and any agents, employees,
representatives, contractors, successors, assigns, and related
parties, hereby release, settle, and discharge any and all claims" .
demands, actions, agreements, damages, liabilities, obligations, or
other claims of any nature and character whatsoever, at law and-in.
equity, known or unknown, direct or"derivative, arising out of the..
,application of the City Code provisions applicable to the sal~ of
algoholic beverages, as it concerns pick-Kwik and Nostimo, that any
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party may now or hereafter assert against each other.
Notwithstanding this provision, parties and any agents, employees,
representati.ves, contractors, successors, ass.igns, and related
parties of the parties do not release the each other from any
claims arising from a bre~ch of the terms of this Agreement or from
any claims arising after the execution of the Agreement.
7. ASSUMPTION OF RISK, WAIVER, AND ESTOPPEL. The Parties
hereby acknowledge and agree that paragraph 6 above, is a general
release and that each party, having had the benefit of, among other
things comprehensive consultation with and ,advice. of counsel,
knowingly, willingly, and expressly assumes the risk associated
with, waives all rights relating to, or is estopped from asserting,
any and all past, present, or future claims, demands, complaints,
reports, obligations, actions, causes pf action, damages, costs,
expenses, liabilities, profits, or compensation of any nature
whatsoever, arising out of the application of the City Code
provisions applicable to the sale of alcoholic beverages, as it
concerns Pick-Kwik and Nostimo, whether based on tort, contract,
s'tatute, or any other theory of recovery, and whether for
compensatory, special, punitive, statutory, or other damages or
remedies, which exist as of this date but which the party does not
know or suspect to exist, whether through, ignorance, oversight,
error, negligence, or otherwise, and which, if known, would
materially affect the partyfs decision to execute this Agreement.
The Par,ties further agree that they have executed this Agreement as
a complete accord, satisfaction, settlement, and compromise of
matters involving strongly disputed issues of law and 'of" fact and
,that each party having had the benefit of, among other things,
comprehensive consul ta tion with and advice of counsel, knowing'ly,
willingly, and expressly assumes the risk that the facts or the law
may'be otherwise than they understand or believe, and waives all
rights relating thereto. Each of the Parties acknowledges, agrees,
represents, warrants, and covenants that: it has been' provided
with; . has received, reviewed, and/or analyzed all of the
information that they deem necessary with respect to entering into
this Agreement; that they have had a complete and unrestricted
opportuni ty to conduct whatever inquiries, investigations, or other
due, di,ligence that they deem appropriate with respect to this
settlement; that they have not been induced into entering into this
Agreement and have not otherwise relied in any way on any
representation, omission, act, or failure to act on the part of any
party to' thi.s Agreement; and, that any such reliance would be
unjustifiable and unreasonable under the circumstances.
However, this Agreement shall have no effect on the ability of
the parties to assert any cause of action in the future.
8. ENTIRE UNDERSTANDING. This Agreement contains the entire
understanding between the Parties,with respect to the transactions
contemplated by the Agreement. It may not be changed orally but
only by an instrument in writing signed by the Party against whom
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enforcement of any waiver, change, modification, extension, or
discharge is sought. The Agreement supersedes, in all respects,
all written or oral understandings and agreements previously
existing between the Parties.
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9. DAMAGES. The Parties acknowledge that the performance of
their respective obligations under the Agreement is essential to
the consummation of the transactions contemplated by the Agreement.
Each of them further acknowledges that no Party will have an
adequate remedy at law if any other Party fails to perform its or
their obligations under the Agreement. In such event, each Party
shall have the right, in addition to any other rights or remedies,
including damages, it may have, to compel specific performance of
this Agreement.
10. EXPENSES. Each of the Parties to this Agreement shall
pay its own expenses in connection with this Agreement and the
transactions contemplated hereby, including the fees and expenses
of its counsel.
" "
11. JURISDICTION AND VENUE. The Parties agree that
jurisdiction and venue for any action arising out of or related to
this Agreement ~hal1 lie exclusively in' the Sixth Judicial Circuit
of the State of Florida, in and for Pinellas County, Florida.
12. GOVERNING LAW. This Agreement has been negotiated and
prepared. and shall be performed in the State of Florida. The
validity, construction, and enforcement of, and the remedies under,
this Agreement shall be governed in accordance with the laws of the
State of Florida.
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13. SUCCESSORS AND ASSIGNS. The rights and obligations of
",the Parties under the Agreement shall inure to the benefit of, and
be binding and enforceable upon the respective successors, assigns,
and transferees of the Parties.
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,14. COUNTERPARTS. This Agreement may be executed in any
number of counterparts , each of which shall be deemed to be an
original instrwnent, but. all such counterparts together shall
constitute one and the'samk instrument. A facsimile copy of this
Agreement an~ any signatures hereon shall be considered for all
purposes as originals.
15. HEADINGS. Descriptive headings are for convenience only
not control or affect the meaning or construction of any provision
of this'Agreement.
16. INTERPRETATION. Whenever the context hereof' shall so
require, the singular shall include the plural, the male gender
shall include the female gender and neuter and vice versa. It is
recognized that this Agreement and any related instruments are the
product of extensive negotiations between the Parties hereto and
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- "y:-:---....~~~~~-w~~,:{,~~':ili~P.'-MW~~~!~,....M-+"...~~ ,
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that all Parties have contributed substantially and materially to
the final preparation of this Agreement and all related
'instruments.
17. ATTORNEYS FEES AND COSTS. If it ~s necessary to take
legal action to enforce the terms and provisions of this Release
. and Settlement Agreement, the prevailing party shall be entitled to
reasonable attorneys fees and costs as determined by the court.
THE UNDERSIGNED BEING DULY AUTHORIZED TO EXECUTE THIS
INSTRUMENT, HAVE CAREFULLY READ THE FOREGOING RELEASE AND,
SETTLEMENT AGREEMENT, FULLY UNDERSTAND IT, HAVE RECEIVED THE
EXTENSIVE ADVICE OF COUNSEL REGARDING THIS MATTER, AND HAVE
KNOWINGLY AND VOLUNTARILY ENTERED INTO THIS AGREEMENT INTENDING TO
BE LEGALLY BOUND.
IN WITNESS WHEREOF, the Parties have executed this
Settlement Agreement this day of
, 1994.
Countersigned:
CITY OF CLEARWATER, FLORIDA
, Ri t~ Garvey
Mayor-Commissioner
Elizabeth M. Deptula
City Manager
Approve~ as to form and
legal sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
PICK'KWIK FOOD STORES, INC.
NOSTIMO, INC.
By:
By:
,
. Its:'
Its:
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RECEIVED
NOV 1 4 1994
CITY CLERK DEPT.
','
'.DOROTHY WALKER RUGGLES
Supervisor or Elections
" Plnel1ns County, Florida
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November 9. 1994
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MS. 'Cynthia E. Godeau, City Clerk
:.City of Clearwater
Post'Office Box 4748
ClearWater, Florida 34618-4748
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';,- _ ./':",:"':Al'so~enelosed is a ,copy of ,the that portion of the canvass report relating
,.~~:>@, '~., 'to your elec.tion. '
i~h{;;?i:; . ...ifYOUbaV~eny questions or need furtbar information, do not hesitste to
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%'i.i;};.',~ ~ :~,315 Court Street.' ,..' "
~;J~\~~'!:~::J:: ClellrWotcr, FL 34616.5190
~4.'1~,(:~;:';\.~Telepbone:.(813),464.35?1 . " .', ' .' "
\'in~~:Dh,':'/.'SUDl:Om: 570.3551fFnx::(813) 4~~158..
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~~~~;~~~.....t.t"~I!~IJ;~i;{~ ~f,:(-~1'.:~".},~~,;\,\,,"~:,',J'I",:~': 'r~.~',~l~:i~'~lllL,. ,~:~--;..;~ \,f~ >c~~:..:>~~. \~. ~-:::... ....'.: "n ~,r.~"..: ''o-\~'' : :t' .1, , .. .. .t " r r '.. ~ . _ ~ ~
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?\:~'"~',:,: :', " For Attorney General, the whole number of votes cast wa.s
which numbet"
~::::',,~<.,O,: ::', Fo'r:- yomptr:-oller, the whole number of votes east was
numbct" '
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,:':.'':-: < ,'. ','was 310 .452
?:~:?:',' :,'.,:) ":,:' ,'siLL NELSON (OEM)
> i.' ....:. ,L' '.\ ' : >' . 'r '. ' . ,> > ~ . ~ . _
:;" , :"~""TtM" ~R~LANn.(REP)
, "E~iz~BETH (LIZ) COFFEE
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CERTIFICATE OF COUNT~ CANVASSERS
STATE OF FLORIDA
PINELLAS COUNTY
Wet the undersigned, PATRICK K. CADDELL t County Judge, DOROTHY WALKER
RUGGLES , Supervisor of Electionst and SALLIE PARKS I Member of the Board of
County commlsslonerst constituting the Board of County Canvassers in and for
said County, do hereby certify that we met on the 10th day of November,. A. 0'1
1994 and proceeded publicly to canvass the votes given for the several offices
and persons herein specified at the GENERAL ELECTION held on the Bth day of
November, A.D. I 1994 as shown by the returns on file in the office of the
Supervisor of Elections. We do hereby certify from said returns as follows:
Por United States Senato~. the whole number of votes cast was
of which nUiTlbe['
316,882
HUGH E. RODHAM (OEM)
CONNIE HACK (REP)
ERNIE MAILHOT (WRI)
received
received
received
votes
votes
votes
For Representative In Congress, Ninth Congressional Districtt the whole number
of votes cast was 95.700 of which number
MICHAEL BILIRAKIS (REP) received 95.623 votes
RICHARD GRAYSON (WRI) received 77 votes
For Governor:- and Lieutenant Governor, the whole number of votes cast was
326.980
of which number
received
received
received
received
votes
votes
votes
votes
For Secretary of State, the whole number of votes cast was
of which number
285,694
, RON SAUNDERS ( DEM)
SANDY BARRINGER MORTHAM (REP)
received
received
122.496 votes
163.198 votes
312.721 of
183.234 votes
129.487 votes
309,502 of which
146.285 votes
163.217 votes
" ,
, BOB BUTTERWORTH (DEM)
HENRY'FERRO (REP)
received
received
GERALD LEWIS (OEM)
BOB MILLIGAN CREP)
received
received
"For 'Sta,te ~['easut'er and Insue-aoel'! Commissionet". the whole number of votes cast-- -'" .-.. -'.
of whic.h number
(WRI)
received
received
received
votes
votes
votes
157,964
152.4B7
,1
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DOUG JAMERSON (OEM)
FRANK T. BROGAN (REP)
received
received
153.193
160,371
votes
votes
- ~
For Commissioner of Education, the whole numb~r of votes cast was
313,564
of which number
For Commissioner of Agriculture. the whole number of votes cast was
316,002 of which number
BOB CRAWFORD (OEM)
JIM SMITH (REP)
t'eceived
153,873
162,129
votes
votes
received
Fat' state Senator. Nineteenth Senatot'ial District, the whole number of votes
cast was
85.144
of which number
CHUCK LEHR (OEM)
JACK LATVALA (REP)
received
t'eceivel1
32.178
52.966
votes
votes
Fot' State Senatot', Twentieth Senatorial District, the whole number of votes
cact was 84.482 of which numbet'
DANA LYNN MALEY (DEM)
CHARLIE CRIST (REP)
received
32.119
52,363
votes
received
votes
o
For state Senator, Twenty-Second Senatorial District, the whole number of
of which number
received
received
41,003
811.207
votes
votes
For Member, House of Representatives, Forty-Seventh House District, the whole
" number, of votes cast was 6 ,936 of which number
BRIAN RUSH (OEM)
ROB WALLACE (REP)
received
received
3,546
3,390
votes
votes
For Member" House of Representatives, Forty-Ninth House District. the whole
numbe'r;< of votes cast was 43 ,468 of which number
"NICHOLAS G~ALEXIOU (OEM)
LA.RRYCROW (REP)
, ,
PAUL CRUMRINE (LIB)
received
received
received
13.209
26,915
3,344
votes
votes
vot:.es
,.
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,'For Member, House of 'Representatives, Fifty-First House District, the whole
',', number of votes cast was 32 ,748 of which number
:. . ..-
, '
MARY BRENNAN (OEM)
.. . , .
CARL NEUMAN (REP)
r-eceived
received
17 .529
15,219
votes
vot:.es
7t>~>~'::.' ',' ,,' ' "
:0;-',;:,::' ,,', ' For Member, House of Repr-esentatives, Fifty-Thir-d House Distr-ict. the whole
/ (":". ". t.." C'. . . _ .
';,;~"':' , ;, :' "n'umbet7 'of votes cast was
L.r .... ~ . '<', . I ~. I '. ~. ....
:<::;:,', ,,', :. 'L.~RS A'. HAFNER (OEM)
<:'~' ,> :'.': ',' ,': ,ERNesT "CURT" CURTS INGER ( REP)
IV!:'--" ", ,",:,
:.: " .: '", . ~ ':" < ,. .
L',: ','. . For"Member. Board of County Commissioners, District 5 I the whole number- of
,'... '-" votes east was 299.459 of which number
:. . ~ >
41,388
of which number,
, received
received
22.790 '
18.598
votes
votes
. ,
WINNIE FOSTER (DEM)
ROBERT B. STEWART (REP)
received
130,849
168,610
votes
. . .
received
vot.es
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For School Board Hembe~1 Dist~ict 2, the whole number of votes cast was
300.203 of which number
LINDA LERNER (OEM)
WARREN ANDREWS (REP)
votes
votes
received
152.298
147.905
received
For School Board Member, District At Large, the whole number of votes cast was
302.559 of which number
MAYME W. HODGES (DEM)
LUCILE O. CASEY (REP)
received
135.304
167,255
votes
received
votes
Retention of Justice STEPHEN H, GRIMES of the Supreme Court,
Foa
AGAINST
182,527
89,048
votes
votes
Retention of Justice GERALD KOGAN of the Supreme Court,
FOR
AGAINST
180,407
86,762
votes
votes
Retention of Judge JOHN R. BLUE of the Second District Court of Appeal,
,0 FOR 177.900 votes
AGAINST 85,054 votes
, "''9.'
Retention of judge MONTEREY CAMPBELL of the Second District Court: of Appeal,
FOR 177,673 votes
AGAINST 84.438 votes
Retention' of Judge JACK R. SCHOONOVER of the Second District Court of Appeal,
,+, ./ .
~~i:~:,::,~:' ','
li~s~~:' ~:':,: ','
:~'i:{:,'~:,,;::,~ , '.' Re'~e~t'ion' 'of, Judge' EDWARD F. THREADGILL, JR. of the Second Dist.rict. Court:. of
....;.f...., ~'.~'.~ t' . .' ' T. .
::;( ~';' -: :;" , . Appeal,
~i~:~//: , .' ..' . :~:INST 1:: : ::~ :::::
g;:/;.f: . '." "F,i,:o i re~ i t Jud ile. Sixth Jud i old. G,oup Ten, the who Ie numbe, 0 f votes cas t
rt,~ ~wa::~~~p:~:~::::RIC~ of which numbe, ::::~ ::: ~:: : ~: ~ :: :::
S:'}~;,<~~,.'::>,',,",:'F~r:Ci~ci'uit ,Judge/'Sixth,Judiciali Group Twelve, the whole number of vot.es
~>:...:\ ". .. ~ : :. '.', .' . . . . ' . .
~?j~<.'.;'. ca'st.:w8S' ,,273~538 ,of which numbel"
;;;~.t.\:..::,....~,.~': """':.' ;:.'"T" <.,p. ," .......
'\~f'(>':,':':>. _ ',: DEE ;ANNA: FARNELL
~~~;i~ ;',:~ '.~.~':.~. .....:.~.~ '. . '
;':t/'.:.:"::; ,"',"':' . BRUCE YOUNG'
~;~;.J~C';':', "..'" . . .
votes
FOR
177.422
84,108
votes
AGAINST
votes
l"eceived
136.894
136.644
votes
l"eceived
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CONSTITUTIONAL AMENDMENT NUMBER 1
ARTICLE III, SECTION 3
START OF REGULAR SESSIONS OF THE LEGISLATURE
proposing an amendment to the State Constitution, effective upon approval, to
provide that the annual 60-day regular sessions of the Legislature begin on
the first: Tuesday after the first Monday in March.
FOR
AGAINST
235.227
55.078
votes
votes
CONSTITUTIONAL AMENDMENT NUMBER 2
ARTICLE VII, SECTION 1
ARTICLE XII, SECTION 21
LIMITATION ON STATE REVENUE COLLECTIONS
Limits state revenue collections to the prior year's allowed revenue plus an
adjustment for growth based on the growth rate of state personal income over
the preceding five years, with excess collections deposited in the bUdget.
stabilization fund until fUlly funded and then refunded to taxpayers. Defines
"state revenues.1I Allows the Legislature to increase chis limit. by 2/3 vote.
Requires adjustment. of the limitation to reflect transfers of responslbi1ity
for funding governmental functions.
FOR
AGAINST
172.352
11 , .508
votes
votes
CONSTITUTIONAL AMENDMENT NUMBER 3
ARTICLE X, SECTION 16
LIMITING MARINE NET FISHING
Limits the use of nets for catching saltwater finfish, shellfish, or othe~
marine' animals by prohibiting the use of gill and other entangling nets in all
Florida waters, and prohibi~ing ~he use of otber nets large~ than 500 square
feet in mesh area in nearshore and inshore Florida wa~ers. Provides
definitions, administrative and criminal penalties. and exceptions for
scientific and governmental purposes.
FOR
AGAINST
245.820
72.919
vo~es
votes
CONSTI~UTIONAL AMENDMENT NUMBER 4
ARTICLE XI. SECTION 3
REVENUE LIMITS: MAY PEOPLE'S AMENDMENTS LIMITING
GOVERNMENT,REVENUE BE ALLOWED TO COVER MULTIPLE SUBJECTS?
This,provtsion would:expand the people's rights to initiate constitutional
changes 'limiting, the power of government to raise revenue
amen~ment6 to cover multiple subjects. This provision is
,immedi~tely after voter approval for amendments effective
, FOR
AGAINST
by allowing
effective
thereafter.
162.245
131.137
votes
votes
CONSTITUTIONAL AMENDMENT NUMBER 8
ARTICLE X, SECTION 7
LIMITED CASINOS
, . ,
': Autl\orlzing 'a limited number of gaming casinos in Broward. Dade, Duval,
" "",." Escambia. Hillsborough, Lee, Orange, Palm Beach and pinelles Counties. with
;:~~~:::,::- ,.":':two in :Hiami, Beach: and limited-size casinos'with existing ,and operating
'~,;j.<".':<". ":'pat-i~mutuel facilities: andiE authorized by the legislature up to five
,;:.::\','0:',;;;"":::.." : 11mi ted~slze' riverboat casinos in 'the 'remaining count:ies. but: only one per
~:~(,>;.<:, county.. ,,'Mandating implementation by the iegislature. Effective upon
:t;,l~:.">':'",,,.' ',adoption. but ,prohibiting casino gaming until July 1. 1995.
~,!~':, '" :', " FOR 113 ,6 7S votes
~'~<\:~.: ':' AGAINST 210 .603 votes
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For Fire Commiasioner, East Lake Tarpon Fire Control District (Vote for FIVE),
the whole number of vo~es cast was 26,064 of Which number
WILBUR F. CANNON. JR.
CHARLES ItCHUCKtt DEDMAN
WAYNE FERGUSON
ROBERT S. GENHOLD
'PAT IMPERATO
JAMES M.. NOBLES
ROBERT 3. PASQUA
received. 4,098
received 3.744
received 4.310
received 3.163
received 3.28S
received 4.021
received 3.443
votes
votes
votes
votes
votes
votes
votes
For Commissioner, Mainland District, Indian Rocks Fire District, the whole
number of votes cast was 4,376 of which number
THOMAS R. MCKEON received 2.192 votes
DANNY B. WALLER received 2.184 votes
For Director, Lealman Fire Control District (Vote for FIVE), the whole number
of votes cast: was 36.196 of which number
DAVID A. BRITNER received 5,203 votes
LINDA L. CAMPBELL received 5,034 votes
ROBERT M. CARTER received 4.092 votes
a ROBERT A. COUNTS received 3.166 votes
~.l' . ....
FRED W. HARRIMAN received 4.434 votes
JOHN HROMOGA received 1.895 votes
PAUL JOHNSON' received 4.398 votes
RODNEY O. MOORE, SR. received 3.180 votes
GERALD J. WOLFF received 4.794 votes
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For Commlssloner, Seat 2, Palm Harbor Special Fire Control District, the whole
number of votes cast was 18 .691 of which number
RON GIBSON received
MIKR MURBURG received
13.893
4.909
votes
votes
, For Commissioner, Precinct Group
1, Seminole Fire District, the Whole number
of which number
received 8.613 votes
received 8.663 votes
received 5.795 votes
of votes cast was
PAT NIEMANN
'NANCY C~ PATULA
SHARON A. SAVASTIO
23.071
For Commisaioner, Precinct Group 2. Seminole Fire Dis~ric~, the whole number
of votes cast was 22.517 of which number
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MICHAEL JOHN' ADAMS
DON COCKER
,': ' WILLIAM' L. CURTICE
DAN' GALGANO
reeeived
received
received
received'
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7.988 votes
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5,574 votes . f_O.
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Fo~ Commissioner, Precinet Group 4, Seminole Fire Dis~~lc~, ~he Whole number'
of vo~es cast was 22.917 of which number
r-\ MARGARET (PEGGY) DEMMLER received B.179 votes
ROBERT GLENN received 9.792 votes
EDWARD J. (DR. EO) LURIE received 4.946 votes
C. ., ~
::;'. ' Shall' Section 2.01 (d)(2) of the City Charter be amended as provided in
:',:>;' ,,' ~ , Se,otion ,1 of, Ordinance No. 5691-94 to change the City Manager's purchasing
:'," ',', "authority .from $10.000 to $25,000. while still requiring competit:ive bidding
:.,...:, ',"', 'fot" 'purchases exceeding $10, OOO?
YES (for amendment)
NO (agalnst amendment)
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For Commissioner, Precinct Group 5, Seminole Fire District, the whole number
of votes cast was 22.244 of which number
JAMES E.'BRUNSGAARD received. 7,378 votes
TIM GLASS BURNER received 6,211 votes
RUGENE (GENE) LITTEN received 8 ,655 votes
For Mayor. Town of Redington Beach, the whole number of votes cast was
786 of which number
JAMES L. HESS received 616
DAVID B. DUBIN received 170
votes
votes
For Commissioner. Seat 01. City of Tarpon Springs, the whole number of votes
cast was 5.596 of which number
KAREN BRAYBOY
'BOB JOHNSON
JOSEPH J. MUZIO
HELEN K. PIERCE
received
2.500
971
1.107
1.018
votes
received
votes,
received
votes
received
votes
PALM HARBOR COMMUNITY CENTER DISTRICT
AUTHORITY TO LEVY ANNUAL TAX FOR TEN ~EARS
WITHIN PALM HARBOR COMMUNITY CENTER DISTRICT
Shall the Board of County commissioners of Pinellas County, Florida. be
authorized to levy up to .25 (1/4) mill ad valorem taxes annually for a period
of,ten (10) years, pursuant to Pinellas County Ordinance No. 94-77. within the
Palm Harbor Community Center District for the purpose of funding a community
,cente~ and related land acquisitions, maintenance and operations which shall
be'used for community programs?
YES For Approval
NO For Rejection
6.238
14.802
votes
votes
REFERENDUM QUESTION NO. ONE
CITY OF CLEARWATER CHARTER AMENDMENT
CIT~ MANAGER'S PURCHASING AUTHORITY
17.319
14.843
votes
votes
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REFERENDUM QUESTION NO. TWO
CITY OF CLEARWATER CHARTER AMENDMENT
CITY COMMISSION'S AUTHORITY TO DONATE AND LEASE
REAL PROPERTY
Shall Section 2.01 (d)(4) of the city Cha~te~ be amended as p~ovided in
section 2 of O~dinance No. 5691-94 to ~equi~e the commission to decla~e ~eal
prope~~y surplus a~ a public hea~ing before donating or otherwise transfe~ring
it, and to allow the commission to lease property fo~ up to 5 years without
declaring it surplus, and if declared su~lus, fo~ terms up to 30 years,
unless approved at referendum, but not to exceed 60 years total?
YES (fo~ amendment) 20.016 votes
NO (against amendment) 11.213 votes
.
REFERENDUM QUBSTION NO. THREE
CITY OF CLEARWATER CHARTER AMEUDMEN't
CITY COMMISSION'S AUniORITY TO APPROVE
NON-BUDGETED EXPENDITURES
Shall Section 2.01 (d)(6) of the city Charte~ be created as provided in
section 3 of Ordinance No. 5691-94 to ~equire two public hearings before the
commission approves a non-budgeted expenditure in excess of $5 million?
YES (for amendment) 25.631 votes
NO (against amendment) 6.148 votes
REFERENDUM QUESTION NO. FOUR
CIT~ OF CLEARWATER CHARTER AMENDMENT
CITY COMMISSION'S AUTHORITY TO PURCHASE
REAL PROPERT~
Shall section 2.01 (d)(4) of the City Cha~ter be amended as provided in
Section 4 of Ordinance No. 5691-94 to require that the commission obtain an .
appraisal bofore purchasing real property, requiring an independent certified
appraisal if the sales p~ice exceeds $250,000, but is less than $500,000, and
two independent certified appraisals if the sales price exceeds $500,000, and
to provide that real property declared surplus be sold to the highest bidder
me~ting terms set by the commission?
YES (fo~ amendment)
NO (against amendment)
26.024
5.643
votea
votes
REFERENDUM QUESTION NO. FIVE
CITY OF CLEARWATER CHARTER AMENDMENT
CITY COMMISSIONfS TERM LIMITS
Shall Section 2.03 of the City Charter be amended as provided in Section 5
of Ordinance No. 5691-94 to limit the te~ of office of any single elected
offlcial,to no more than six consecutive years as commissioner and no more
,t:.bans1.x consecutive years as mayor-comm1.ssioner commencing with the date of
the'next'election fo~ each commission seat?
, YES' (for:' amendment) 26 .582 votes
NO (agalnst amendment) 6.007 votes
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CITY OF ST. PETERSBURG
CHARTER AMENDMENT
MEMBERSHIP OF CANVASSING BOARD FOR MUNICIPAL ELECTIONS
(:)
Ordinance 17S-G amends Ci~y Charter to provide for membership of canvassing
board for municipal elections to be composed of only those city council
members Who are not candidates. or who are candidates withou~ opposition in
eleetion being canvassed. instead of membership of canvassing board being City
Council as a whole and further provides for alternative board members in event
all City Council members are ineligible to serve.
Shall the above-referenced amendment be adopted?
YES (For)
NO (Against)
48.369
21,201
votes
votes
~c~
County Judge
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~~1~ttlt(~y~?~-:\,:':'<: <::'" ,:"~',' ", ...,,' percen&. turnout.
?Jf:,;,. ',,"~';,- :,'", fot'" 8,'" '68.41 ..
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OFFICIAL FINAL RESULTS . GENERAL ELECTION Page 1
08:15am Nov 10 1994 PINELLAS COUNTY, FLORIDA
ItOVEK6ER 8, 1994
n
PINELlAS COUNTY, FLORIDA REPRESENTATIVE IN CONGRESS
Precincts Counted 337 100.00% 9TH CONGRESSIONAL DISTRICT
Absentee Precincts Counted 63 100.00% MICHAEL BILIRAKIS (REP. ) 95 ,623 99.90%
YRITE-IN CANDIDATE 100 0.10X
Precincts Counted-CONG DIST 9 107 100.00%
Precincts counted-cONG DIST 10 230 100.00% GOVERNOR & LIEUTENANT GOVERNOR
LA\.ITON CHILES (OEM.) 166,858 51.02"
Precincts Counted-SE"~TE OIST 19 69 100_00% & BUODY MACKAY
Precincts Counted-SENATE ~IST 20 94 100.00% JED BUSH (REP.) 160,115 48.96X
Precincts Counted. SENATE DIST 21 50 100.00X & TOH FEENEY
Precincts Counted-SENATE OIST 22 124 100.00)',; YRITE-IN CANDIDATE 45 0.01"
Precincts Counted-MousE OIST 47 6 100.00% SECRETARY OF STATE
Precincts Counted-HOUSE OIST 48 35 100.00)',; RON SAUNDERS (OEH. ) 122,496 42.88X
PrecIncts Counted. HOUSE DIST 49 43 100.00% SANDY BARRINGER MORTHAM (REP.) 163,198 57.12%
Precincts Counted-HOUSE OIST 50 40 100.00%
PrecIncts Counted-HOUSE DIST 51 39 100.00% ATTORNEY GENERAL
Precincts Counted-HousE GIST 52 44 100.00% BOB BUnERUORTH (OEM. ) 183,234 58.59%
Precincts Counted-HOUSE DIST 53 48 100.00% HENRY FERRO (REP.) 129,487 41.41X
Precincts Counted-HOUSE DIST 54 46 100.00%
Precincts Counted-HOUSE DIST 55 36 100.00% COMPTROLLER
GERALD LEWIS (OEM. ) 146,285 47.26%
Precincts Counted'BCC OUT '1 60 100.00% BOB MILLIGAN (REP.) 163,217 52.74X
Precincts Counted-BCc OIST 2 75 100.00%
Precincts Counted-Bee OIST 3 65 100.00% . TREASURER
PrecIncts Counted-Bce OIST 4 68 100.00X BILL NELSON (OEM. ) 157,964 50.87X
PrecIncts Counted-Bce OtS1 5 69 100.00% TIM IRELAND {REP.l 152,467 49.11%
WRITE-IN CANDIDATE 44 0.01"
Precincts Counted-seH BRO DIST 1 58 100.00X
_ Precincts Counted-scH BRD DIST 2 68 100.00X COMMISSIONER OF EDUCATION
PrecIncts Counted-SCH BRD OIST 3 65 100.00X DOUG JAMERSON (OEM'. ) 153,193 48.86"
Precincts Counted-SCH BRD OIST 4 75 100.00% fRANK T. BROGAN (REP.) 160,371 51.14X
;.'0 Precincts Counted-SCH BRO DrST 5 71 10D.00X
Registered Voters-TOTAL COHHISSION~R OF AGRICUlTU~E
487,392 100.00" BOO CRA"FORD (DEH. ) 153,873 48.69%
" Ballots Cast-TOTAL 333,411 68.41% JIH SMITH, (REP.) 162,129 51.31%
Ballots Cast'REGULAR 312,581 64.13X STATE SENATOR
" ,.' Ballots Cast'AOSENTEE 20,830 ---.--X 19TH SENATORIAL DISTRICT
CIIUet; LEHR (OEM. ) 32,178 37.79"
" Ballots Cast-CONG DIST 9 112,893 63.74% JACK LATVALA (REP.) 52,966 62.21"
. '. " Ballots Cast.CONG DIST 10 ' 199,686 64.36%
~ . ". ~":' , STATE SEN"TOR
Ballots Cast-SENATE OIST 19 83,577 64.62" 20TH SENATORIAL DISTRICT
Ballots Cast-SENATE OIST 20 82,842 63.99% DANA LYNN HALEY (OEM.) 32,119 30.02%
'" . , Ballots Cast-SENATE 0151 21 20,999 59.69" CHARLIE CRIST (REP.) 52,363 61.98%
, . " '
~ ,/ . ' " , Bat tots Cast-SENATE D1ST 22 125,163 64.71%
STATE SENATOR
Ballots Cast-HOUSE OIST 41 6,941 63.55" 22NO SENATORIAL DISTRICT
.. ~. . Ballots Cast-HOUSE DIST 48 45,002 64.68% DEE BILLINGS (OEM.) 41,003 32.75%
"" Ballots Cast-HOUSE DIST 49 43,243 64.89X DON SULLIVAN (REP.) 84,207 67.25%
h'! Ballots Cast.I\OUSE DIST 50 36,090 62.02%
\" ,. , ,Ballots Cast-HOUSE OIST 51 32,264 61.66% STATE REPRESENTATIVE
,~ .
Bullots Cast-HOUSE DIST 52 35 .389 63.57X 41TH HOUSE DISTRICT
Ballots Cast-HOUSE OIST 53 _ 40,268 65.88% BRIAN RUSH (OEM.) 3,546 51.12"
'Ballots Cast-HOUSE DIST 54 50,271 67.03% ROB UALLACE (REP.) 3,390 48.88"
Ballots Cast-HOUSE OIST 55 23,113 60.90%
.. STATE REPRESENTATIVE
'. Ballots Cast-BCe OIST 1 64 ,683 63.56% 49T11 !lOUSE DISTRICT
f, Ballots Cast-ace OIST 2 64,011 65.68% NICHOLAS G. ALEXIOU (OEM. ) 13,209 30.39%
. . . . ,Oallots'Cast-BCe OIST 3 64,471 63.nX LARRY CROU (REP. ) 26.915 61.92X
oullots'Cast-OCC OIST 4 65,783 65.07% PAUL CRUMRINE (LIB. ) 3,344 7.69"
, . Ballots Cast-ace OIST 5 53,627 62.46%
, ;..; STATE REPRESENTATIVE
',' I....
Ballots Cast-SCH BRD DIST 1 65,088 63.58% 51ST HOUSE DISTRICT
Ballots Cast-SCH BRD DI5T Z 65,783 65.07X HAR,( BRENNAN (OEM. ) 17,529 53.53%
';'0 Ballots Cast-SCH BRD DIST 3 64,471 63.72" CARL NEUHAN (REP.) 15.219 46.47%
Ballots Cast-SCH BRD OIST 4 62,342 65.Z0%
,. , Ballots Cast-SCH BRD DIST 5 54,897 63.01" STATE REPRESENTATIVE
. ~."\ I . " 53RO HOUSE DISTRICT
'. UNtTEO STATES SENATOR LARS 1\. HAFHER (OEH.) 22,790 55.06%
HUGH E. RODIIAH (OEM. ) 83,749 26.42" ERNEST IlctJRT" CURTSINGER (REP.) 18.598 44.94%
CONNIE KACK (REP.) 233,130 73.56X
, " URITE-IN CANDIDATE 53 0.02X
~', ."
, .. ~ . " :
~~~!v: ." ,~-~:~~~~ '-'~~t~~i.;~~j*~~~~~~r:.{~;;f1:;i!~~;:;:;.'~';~~\~l;~'l~: ::~~:,',~::,:: ':, i ,,~,;~;,..~t~:' 't~~ ':"",1~,:,~~~\,,~~<~,'~di,~~~~~~;~~~i.~:;:~~
',c ~ ". . ~ ,_ .' ~ :. . .. .. .. r~'I'.I~a~~~~iW~l/,).{!~~.......~~,,,:~-f"'!,~.+~l1..;';;:'('~~~f~;ttt---t.,,~~,.t>JHKriQi'''-'''').'~''''''~.~ ,. ~WJIf'
lii~';~,\I'i~;~';;L<~~<';';:i,::,,':;i' 'p ..' . . . p . ..
.~:i:~ ,.
p
~
OFFICIAL fiNAL RESULTS
08:15am Nov 10 1994
. " ~ .'i:;:~i~'_~"~~.:t
. " .~. .. ~ ..... "..
.~ :
. GENERAL ELECTION
PINELLAS COUNTY, FLORIDA
NOVEMBER 8, 1994
o
BOARD OF COUNTY COKHIS~IONERS
DISTRICT 5
YINNIE FOSTER (OEM.)
. ,ROBERT B. STEUART (REP.)
SCHOOL BOARD MEMBER
DISTRICT 2
llNDA LERNER (OEM.)
YARREN AHDREYS (REP.)
SCHOOL BOARO MEMBER
AT LARGE
HAYME Y. HODGES (OEM.)
LUCILE O. CASEY (REP.)
SK~ll JUSTICE STEPHEN H. GRIMES OF
THE SUPREME COURT BE RETAINED IN
OFFICE?
YES
NO
SHALL JUSTICE GERALD KOGAN OF
THE SUPREME COURT BE RETAINED IN
OFFICE?
YES
NO
180,407 67.53%
86,762 32.47"
130,849 43.70%
168,610 56.30%
152,298 50.73%
147,905 49.27X
135,304 44 .72%
167,255 55.28%
182,527 67.21%
89,046 32.79%
0,'
, ,.
SHALL JUDGE
JOHN R. BLUE'
OF THE SECOND DISTRICT COURT OF
APPEAL BE RETAINED IN OFFICE?
YES
NO
177,900 67.65%
85,054 32.35%
SHALL JUDGE
MONTEREY CAMPBELL
OF THE SECOND DISTRICT COURT OF
APPEAL BE RETAINED IN OFFICE?
YES
lla,
177,673 67.79'1.
84,438 32.21%
SHALL JUDGE
JACK R. SCHOONOVER
OF THE SECOND DISTRICT COURT OF
" I,PPEA.l BE RETAINED IN OFFICE?
YES
NO
177,422 67.84%
84,108 32.16%
, ,
'. ,
" SHALL JUDGE
ED~ARD F. THREADGILL, JR.
OF THE SECOND DISTRICT COURT OF
APPEAL BE RETAINED IN OFFICE?
YES,
NO
177,944 67.88%
84,187 32.12%
, "
, v '
1.~..' .
CIRCUIT JUDGE . SIXTH JUDICIAL
CIRCUIT . GROUP 10
PHILIP J. FEDERICO
,YAYNE PHILLIPS
144,011 53.58%
124,746 46.42%
'; ,:.
CIRcUIT JUDGE' IXTH JUDICIAL SE~ ~ECPlItJ-r RESUa"s
CIRCUIT - G P 12 f\
'DEE A FARNELL 136,854
YOUNG 136
CONSTITUTIONAL AMENDMENT NO.
~ " ARTICLE III, 'SECTION 3
,'.;,,;; Start of Regular Sessions of the
. legislature
, YES for Approval
, No for Rejection
235,227
55,078
81.03%
18.97"
CONSTlTUTtOllAL AMENDMENT HO. 2
ARTICLE VII, SECTION 1
ARTICLE XII, SECTION 21
Limitation on State Revenue
Collections
Yes for Approval
No for Rejection
CONSTITUTIONAL AMENDMENT NO.3
ARTICLE X, SECTION 16
Limiting Horine Net Fishing
Yes for Approval
No for RejectIon
CONSTITUTIONAL AMENDMENT NO. 4
ARTICLE XI, SECTION 3
Revenue Limits: Hay people'S
Amendments LimIting Government
Revenue be Allowed to Cover
Multiple Subjects?
Yes for Approval
No for Rejection
CONSTITUTIONAL AMENDMENT NO. 8
ARTICLE X, SECTION 7
Limited Casinos
Yes for Approval
No for Rejection
EAST LAKE TARPON FIRE CONTROL
DISTRICT - FIRE tOHHISSIONER
(Vote for 5)
UILBUR F. CANNON, JR.
CHARLES ItCHUCK" DEDMAN
YAYNE FERGUSON
ROBERT S. GEHHOLO
PAT IMPERATO
JAMES H. NOBLES
ROBERT J. PASQUA
...
" ..
PagQ 2
172,352 59.46%
117,508 40.54%
245,820 77.12%
72,919 22.88%
162,,245
131,137
113,675
210,603
4,098
3,744
4,31Q
3,163
3,285
4,021
3,443
55.30%
44.70%
35.05%
64.95%
15.72%
14.36%
16.54%
12.14%
12.60%
15.43%
13.21%
IIIOI,^" ROCKS FIR ISTRICT S$ R€CDI4.I/T R,;'S/,u:rs
COMMISSIONER - INLAND DISTRICT
THCMAS CKEON 2, 193 ~
DANNY . WALLER 2~ 49.89%
LEALHAN FIRE CONTROL DISTRICT
DIRECTOR'
(Vote for 5)
DAVID A. ORITNER
LINDA L. CAMPBELL
ROBERT M. CARTER
ROBERT A. COUNTS
FRED U. HARRIMAN
JOHN HROHOGA
PAUL JOHNSON
RODNEY o. MOORE, SR.
GERALD J. \lOLFF
PALH HARBOR SPECIAL FIRE CONTROL
DISTRICT - COMMISSIONER . SEAT 2
RON GIBSoN
MIKE HURBURG
5,203
5,034
4,092
3,166
4,434
1,895
4,396
3,180
4,794
13,883
4,808
14.37X
13.91%
11.31%
8.75%
12.25%
5.24%
12.15%
8.79%
13.24%
74.28%
25.72%
SEMINOLE FIRE DIS CT st:E RE"t!.D14tr nS&.U--rS
ECINCT GROUP 1
SEMINOLE FIRE DISTRICT
COHHISSIONER - PRECINCT GROUP 2
MICHAEL JOliN ADAMS
DON COCKER
WilLIAM L. CURTICE
DAN GALGANO
7,988
5,574
2,472
6,483
35.48%
24.75%
10.98%
28.79%
~J0:C77~';i,.7~~~~::;~~~~~~~~';~~ib~~..~;a~.';"'~~~$~=.~,.~='^=~
r.:.{'~','~'>
8,179 '35.69%
9,792 42.73"
4,946 21.58%
", ,....~) .
.:'~ (
. f ~. ,
~ . . .
, ";,
..
~ .:
.. , ~
",
":.
.'
~ t -:' .
,': '.
~~.~~:~;'rhl,~~~",,:,:,'",:, '".1''' (......~~., .1..
. "I \. < (,>,1
.'1- . .. , ....
.
. _A
,.
OFFICIAL FINAL RESULTS
06:158111 Nov 10 1994
l~
" '
SEMINOLE FIRE DISTRICT
COHHISSIONER . PRECINCT GROUP 4
MARGARET (PEGGY) DEHHLER
ROBERT GLENN
EDUARD J. (DR. ED) LURIE
SEMINOLE FIRE DISTRICT
COMMISSIONER . PRECINCT GROUP 5
JAKES E. 8RUNSQAARO
TIM GLASSBURNER
EUGENE (GENE) LITTEN
REDINGTON BEACH MUNICIPAL
'MAYOR
JAMES L. HESS
, ' DAVID, B. DUBIN
7,316
6,211
8,655
>: ,"
I' ;
. ~. ,
',~<:;;., ',.
1>.:'-'~<;, " TARPON SPRINGS SPECIAL MUNICIPAL
,...."::,,' ,CITY COKM1SS10HER . SEAT #1
;~:'~~;:::;\ \,~',':' , : ~:tg~~~~;:1l0REU
~\"'," </: .. ,JOSEPH J. MUZIO
{i:, :::;:" ',' ,HUENE K. PIERCE
if'; " ~ '.:.' '. .. ..
;~,)i'. :,~': :'..' PALM HARBOR COHHUNITY CENTER
.\~.?"", ''<..., , DISTRICT' - "
:!,~l!:';' , ," AUTHORITY TO LEVY ANNUAL TAX FOR
)}L- '::'/" ' ,rEN. YEARS U IT II I N PALM HARBOR
(~}.":'~"'" " ;, COHMUNITY CENTER DISTRICT'
(of:., J,',: ~ ~,' '.', ;.. YES' For Approval ':
.... ~ 'I . ~. . . .
:::.;;;,,',' , :,.:' ,~D, For, ReJ,ectfon ,.'
;iLi:'''-' ~L~AR~~'T~~\' R~FER~HDuH "
t;;/'tiiiJI, H: QUESTION: NO. :ONE," '" '"
f:~~i,i,;>:,"',,"'CLEARY^TER CHARrER AMENDMENT
(;?,:}:".,,<':/: '" "CITY MANAGER'S PURCHASING' AUTHORITY,
/;,,':,',:::,::; ,,:,:~ :'.:':' YES, (,fo,r ~nt)
t~':L 'J<;"' ,,~ , NO, (agaf~t ,amenchent)
"to"~.f."~,";" ',' '.',,: :', '.";' ,',.." '. '
~>{:Yi<'(\'\CLEARUATER: 'REFERENDuM, '
r~:W:"\/"i";,,' QUESTlON.NO~, TUO'~' , '
:i,tjJ !,~;: .~" 'CLEA.R\lATER; CHARTER AMENOMENT
'i;F;;!::',~:,'.'". ';':CITV : COHHISSIONIS AUTHORITY TO
~l~~,'~<~, ".', ~ONAT~' ANDi.EASER;EAL PROPERTY
;~',iJ, ;~' ':. ",:,". YES (fora~ndnent) ','
;j:f~k, :;;\: : ::. N9 ',(against amendoont) ,
~tl;-{7;'.' .' >",:<:',; " ,: J'" ""':'.
?: ,/::~~. :',:,:',) ClEARYATER REFERENDUM ,
~Wtif{": ': '2::'" ~,QUESTlON NO",THREE ' ' " '
:ISnv,',:::: ::: .;-,:,' CLEARUATER CHARTER AMENDMENT
~~~~::~. -;..~::.- CITY Ca4HISSION',S AUTHORITY TD
:. }(y:.5'~':' ;"", APPROVE,. WON :.BUDGETEO E)(~END lTURES
;;f:i:~::r,'. :~' , :,YE,~,:(for: emendnent) , '::' '
ffi:'i;j\}:~.',",::, '.',~O~.,~agaf~s~ ~nt) ,
!~~,.t..:;.':..t'x,' :., ..: \'. +I' " ~"'I' i"
~1t;:i:::'>"" ;'C,LEARUATER' REFERENDUM,':' ,
\.f~il~::",:,": ;:~ cmSTlDNND., FOOR ,~, , :,"
},~~f.~_<:.':',:::,:\:ClEARYATER CHARTER' AMENDMENT
!\'f",~>;:~,);,,":'_". CITY COMMISSION'S AUTHORITY TO
wit~;:t: i .i.".';: PURCHASE' REAL \ PROPERTY
}'~~'."{'~'>)~" :.{"':, YES (for' amendnent) ,
"'.'lo. .f,,~;'U' j~I"'~ . > 'I . . . .
,;"'-'.,y.\,.:,<.', ';>. : ", NO' (against amenanent)
.~~",,\,J: '::~ ~\.. J" ,~ .' '. .... .', ~ .' \ .'
tf.f,)t~;.\"':', ~i.EA~UATliR REFERENDUM '..
}~ '-F'J" "
';,Y;;~/'::-',o.:,:' ,",QUESTION NO. FIVE '
~~i,~'" CLEARYATER CHARTER AMENDMENT
?;;t"", "!, CITY. COHHISSION'S TERM LIMITS
;tf:.: '.~: '.. ,',YES (for amerdnent)
Jt;;;'", ./".;,.';, NO (against amendment)
f{(~~:('~~~: ,~~;"~L' ..... .' .
l1:t"'1.!~~,~j t',,' . .... l' '
\;A.)~ ::-0:'\'::,: ~ . .
;J/~r~4~..~.1 /',1 ..',.
~. ' ." ....
~~:fik{;:::~.'-:" '
2,500
971
o
1,107
1,018
6,238
14,802
17,319
14,843
20,016
11,213
25,631
6,148
26,024
5,~3
. ... ~.. .
. ;
" ::' '::':<\~(t;,~)'~:~:,,: ..:..'
...~
.
...
", . ~
" . ~ A.. :~ ~ ~
:; "CENERAL ELECTION
PINE~LAS COUNTY, FLORIDA
NOVEMBER 8, 1994
'"
Page 3
ST. PETERSBURG REFERENDUM
CHARTER AMENDMENT
Membership of canvassfng"board for
municipal elections.
YES (For)
NO (Agafnst) ,
48,369
21,201
69.53%
30.47X
33.11%
27.92%
38.91%
616
110
78.37%
21.63%
44.67%
17.35% '
0.00%
19.78%
18.19%
29.65%
70.35%
53~85"
46.15"
64.09%
35.91%
80.65%
19.35"
82.18%
17.82%
26,582 81.57%
6,007' 18.43%
., ....llI.L~_1iiII1.iVi-~~.~..)..~....-:~J. .,......T....r.'i-:~ n- "(...~::'r.'":'itt-~..~t........r".-~1-.(~-.,i>,'1'.~.i.-;~$~
, ~~mM!.~;;;{Jf;i~{;\~l~~:~i,?;;;t~i:~:,~:[,;'~~,~:I::;.tj;":t~~y~~~;;{;.~:~.::~'::\:~)>~~~,',:;~,:,';:,',;:' ';;: ,: I :,:;<::;~'",~{':.-:,:,\',:7, ~~ ' ':' , .,:-. "';~"~,'~:X:' ".,', ,':, ,,:)j~}~,:::~,,::~: ;,;,: ",', ~ , ", : ";;'
v;:. .:; <
. . . ~.,
.~, :. . , ,
..
. ;,
~~..J-e"'l'-M l~' ~ I-+-~' .~~":~"'~.. '., ~-.... ,..~. ".
.
.
..
-
OFFICIAL RECOUNT F1M^L RESULTS
04: 11pm No" 9 1994
o
PINEltAS COUNTY, FLOR]DA
Precl~cts Counted
Absentee Precincts Counted
,',
.' ,
Precincts Couoted-CONG DIST 9
Precincts Counted-CONG DIST 10
PreclnctG Counted-SENATe DIST 19
Precincts Counted-SENATE DIST 20
Precincts Counted-SENATE DI5T 21
P~eclncts Counted-SENATE DI5T 22
Precincts Counted-House OIST 47
Precincts Counted-HOUSE OIST 48
Precincts Counted-NOOSE DlsT 49
Precincts Counted-HOUSE DIST 50
Precfncto Counted-I/OUSE DI5T 51
PreclnctG Counted-HOUSE DI5T 52
Precincts Counted-HOUSE DIST 53
. Prectncta. Counted-Hoose DIST 54
, Precincts Counted-I/OUSE DIST 55
Precincts Counted-Bce DIST 1
, Precincts Counted-BCC DI5T 2
, : '"Precincts Counted-sce D1ST 3
Precincts counted-acc DI5T 4
, , :, ,PrecfnctG COunted-BCe OIST 5
..: '.....
.. : ,~.~
,~ '
~.:'.: ..
"J: ~." ,
"
...,'1.
~\:- ..
Precincts Counted-SCH BRD DIST 1
'Precincts Counted-5tH BRD DIST 2
'Precincts Counted-SCH BRD OIST 3
,Preclncts'Counted-SCH DRD DIST 4
Precfncts'counted-SCH BRD DIST 5
..;-:. . :
.,. "
, u,.._
/" : h ~ " ,,,,,.. ~
RECOUNr GENERAL ELECTION
P]NElLA5 CouNTY, FLORIDA
NOVEHBER 8, 1994
337 100.00X
63 100.00X
107 100.00X
230 100.00%
69 100.00X
94 100.00X
50 100.00X
124 100.00X
6 100.00X
35 100.00X
43 10G.OGX
40 100.00X
39 100.00X
44 100.00X
48 100.00X
46 100.0OX
36 100.00X
60 100.00X
75 100.00X
65 100.00X
68 100.00X
69 100.00X
58
68
65
75
71
100.00X
100.00X
100.00X
100.00X
100.00X
CIRCUIT JUDGE - SIXTH JUDICIAL
CIRCUIT - GROUP 12
DEE ANNA FARNELL
BRUCE YOUNG
:I.
,
Pago 1
136,894 50.05%
136,644 '(.9.95%
]NDIAN ROCKS FIRE DISTRICT
CQHH[SSIONER - MAINLAND DISTRICT
THOHAS R. MCKEON
DA.NNY B_ \IALLER
2,192
2,184
50.09X
49.91X
37.33X
37.55%
25.12%
f~/O,,' : R~9t~t~red Voters';TOTAL
J.t~. 0' ' ,: 'Ballots\'~ast-TOTAL
~;"\~'..'.. . B'~ilotJ'.C8St~REGULAR
~t~,\~Y" . B~l,lots C~st-ABSENTEE,'
>"':':";'" , Ballots Cast-CONG'DIST 9
~:'L.',,:~;,;" '"B,~llo~G, Cast-CONG DIST 10 '
~T 'r . ' , I' , ., . ,
f:~:;:"(.;': ;',' :Ballots Cast-SEUATE OIST ,19
'0~\(,' " :. ,Sallo'ts, Cast';SENATE D[n 20
R~,,~,;",:','" '..Ballots Cast-SENATE D[ST'21
?,f)\: ;,,~-,:" ':: ,;sall~t~ ,caS:t-SE~~TE DIST 22
~~l' ,',.." , ,.', '
~f:.:;:.;' '.';' , , Ballots.'cast-HOOSE OIST 47
-;~,::\,'>' , , 'Sultots 'Cast~HOUSE DIST' 46
;~~~<> :'> ,"; SaUots Cast-HOUSE 'OIST 49 '
~'f:,.~,:;<~:' ',' Ballots' Cast-HOUSE ,OIST 50
6",';:;' " ' ' ' Ballots Cast-HOUSE DIST- 51
~F;:~~:,i:~ ':'. Ballots Cast-HOUSE O]ST 52
~',-,'~~:,:.;i>::;':,": ' SaUats'Cast-Il00SE 015T 53
I;;';;k,;'/':' Sallots' Cast-HOUSE DIST 54
;). r<>....+r. ,'. .,'.
'j[;;',>'~':',' .:-: BaU"ots;Cast-HOUSE, DI.ST 55,
';'t/J:":' Y:",,-~ i:L.~ . ..' . .. "" . . . ~ ' . ,
~t*}<::,:',:," -8~('~t~':-Cast~BCC'D]~T 1
~~}?;:':":"" :,' Sall 0 ts ' Cas t- BCC D 1ST 2
'Vi,I,;:",~" ,,' "Ballots', Cost-BCC DIST 3
;~{;<'~" ';, :'Ballots"JCast-BCC D]ST 4
~.;;)':,:.:: ':, :-.. ,~~llotB' C!lst~BCC DIST. 5
~}~~\~;I" '- . ' .:,: .. . '. . .
>ty;\,;:, " Ballots Cast-SCH BRD OIST 1
'..":r'{;' ,~." ':Ballots,Cast-SCH SRD O]ST 2
~.;",' :..., Ballots Csst-SCH BRD DIST 3
~.';'.A':, ',Ballots Cast-SCH BRO'DIST 4
't~....", . Dal~ots Cast-,SCH BRD DIST 5
tJt(,;;',:. .
'~{/H;~.~' ~'.:: ':"'
,'.'",' , - . .....-:r........_~~il'i.<rlil..:.;"..:~:'.>'":;;" ,'~r-~,-..::.:,;ej:.t~'~I",;~W"'(,.;1..."':l!\:r';O.ii;;lq\:il r.~ . -;-o;,',t";;' ....U'^':.fJ... ..z
'~l,~<~~"i""~~~'" . ",;',','1.:,-,. ~'u .' ~...-.-~~~~~~~~
~~'~'~':,:::.j;)~;/;,,;:~;':;j~::;<J.~'~,(~';',<'~;,\,:..':';~\(,':!:~~,:'-: ':, ::',/; "':,~i~:,,',:,:,\,:,,<~ ;',.';,: :' ,:', .' 'i ," "I':',,' '.,'.' '.": ',' i ':, ' .. :'." ,.,\ ,
tttI. ~:.~"~.'\:'l),t."l:')'..,.' .J:". 'o':'.! ,1).\ !,:':, \:..t ,'V",'):"":' \ ,'. .~',,{ 'j:-, ';,~'~, ':.'~ ,:;,~.'l..', ' ~, ,.' ;,; " ....' " " ,:. ," " ,;, -" ".',!"," , " : ':. ""',,' " :"';: '
~i !::kLJ;~.t1-~'I.~..~'-";:"'::1~~~i-i'1"" ",'lJI'~ 'I....."':l...........\(_";~'r r! ,.(,.' . . + ., ~.. . , ~. ,~~ ~ ,. , . .,
487,392 100.00X
333.440, 68.41X
312,606 64.14X
20,,834 ---.--x
112,901
199.705
63,584
82,845
21,001
125,176
6,941
45.007
43;246
36,093
32,264
35,391
'40,278
, 50,273
23,113,
64,694 '
64.026
64,473
,65,786 '
53,627 :
65,100
65,786
64,473
62,350
54,897
63.75%
64.36X
64.62X
64.00X
59.69X
64~72X
63.55X
64.69X
64,9D% '
62.02X
61.66%
63.57X
65.90%
67.04X
60.90X
63.57%
65.69%
63.72X
65 ~ one
62.46%
63.59%
65.07%
63.72%
65.21%
63,01% '
SEMINOLE FIRE DISTRICT
COHHlSS10NER ~ PREC'"CT GROUP 1
PAT NIEMANN
NANCY C. PATULA
SHAROU A. SAVASTIO
8,613
8,663
5,795
'>'''-'''~
~ 0 . '. "
CLEAR~ATER REFERENDUM
QUESTION NO. ONE
CLEAR~ATER CHARTER AMENDMENT
CITV MANAGER'S PURCHASING AUTHORITV
(0449) YES (for amendment)
(0450) NO (against amendment)
CLEAR~ATER REfERENDUM
QUEST J ON NO. TWO,
CLEAR~ATER CHARTER AMENDMENT
. CtTy COMK1SSIOlt'S AUTKORlTY to
DONATE AND LEASE REAL PROPERTY
(0453) YES (for amendment)
(0454) NO (against amendment)
CLEARWATER REFERENDUM '
QUESTION NO. THREE
CLEAR~ATER CHARTER AMENDMENT
CITY COHHISSION'S AUTHORITY TO
APPROVE NON-BUDGETED EXPENDITURES
(0457) , YES (for amendment)
(0458) NO (against amendment)
I
~ . .
!",*,"~':-'~.""i.~.'-I"::;f: ,. J '., ',40 of..! '.. .
... u ,'"
CANVASS
02:01am Nov 9 1994
n
-
..;. '.
'"
; c ~
.. , '.
'.!). ~
L" '
1,. ~.
. ~":';- . ".: .
.,," .1, c
1\": : ':,',
.n .'
. . ~" .'
..~ .
GENERAL ELECTION
PINELLAS COUNTYf FLORIDA
NOVEMBER 8f 1994
'Precfnct (0449) (0450) (0453) (0454) (0457) (0458)
. .
17f319 53.85X
14,843 t.6.15X
20,016 64.09X
11,213 35.91%
25,631
6,148
80.65X
19.35"
Pl'Ige 94
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FLORIDA DEPARTMENT OF STATE
Jim Smith. Secretory of Stote
DIVISION OF ELECTIONS
Bureou of Administrative Code
The Elliot Building
Tallahassee, Florida 32399.()250
(904) 488-8427
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November 28, 1994
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, The Elliot Building
401 South Monroe, street
'.",: " Tallaha~see, Florida 32399-0250
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Bureau of Administrative Code
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~;;;;(;:F ': . C:IT~ ~:.~ 1994
:~!tt;': ~',.: :,' ,: ~ DEPT.
-..-:- I 17 " ;. --""I '~."'~D<L-~'?"1;,~:"~i;::"":".,Rf,I;'1:'~~',,,';:',\.'(.i']:J,'l:<'I\\;"'! .~,~ "~j;- , ,,';; ",," '...,7: ""'-.".-" ,'" ",_{,_ 1;;:~~,:.Itl"~~1m'l:.t;-I'.:"~;U1tII-~
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Ms.,Mary K. Diana
:J\'ssistant City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, Florida
34618-4748
Dear'Ms.' Diana:
This' will' acknowledge your letter of November 21, 1994 and
'copy of Ordinance No. 5691-94 submitting to city electors
':'~ropos~dcharter amendments and copy of amended charter,
which were filed in this office on November 28, 1994.
For 'future use, our current address is:
'"
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, CANVASS
02:01am HoY 9 1994
GENERAL ELECTION
PINELLAS COUNTY. FLORIDA
NOVEMBER 8, 1994
Page 95
CLEARUATER REFERENDUM
QUESTION NO. fOUR
CLEARUATER CllARTER AMENDMENT
CITY COHMISSION'S AUTHORITY TO
PURCHASE REAL PROPERTY
YES (for amendment)
NO (ege(nst amendment)
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(0462)
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CLEARUATER REFERENDUM '
QUESTION NO. fIVE
CLEARUATER CHARTER AHENDMENT
CITY toHHISSION'S TERM liMITS
YES (for amendment)
NO (egainst amendment)
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6,007
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18.43X
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