08/29/1995 (2)
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PLANNING AND ZONING BOARD AGENDA
Tuesday, August 29, 1995
Call to Order, Pledge of Allegiance and Invocation
A. Approval of Minutes - August 15, 1995 -Approved as submitted.
B. Requests for Extensiont Deferred and Continued Items
1. (cont from 6/27/95,7/18/95, & 8/15/95) 1221 & 1256 Bay Ave, 323 & 325 pinellas St,
and 1225 Reynolds Ave, Westover Sub, Blk Bf Lots 1-2 & 17, C. Perry Snell's Bluff
View Court, lots 22-24, and S.]. Reynolds Sub, Lot 8 (Morton plant Hospital
Association and Evmorphia M. KraUs). Z 95-02ilUP 95-13
LUP: From Residential/Office General to Institutional
ZONE: From OL (Lim ited Office) to MPD (Master Planned Development)
ACTION: Continued to September 19, 1995
C. Conditional Uses
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1. DMR Corp d/b/a F:lJel Mart. Inc, to permit outdoor retaiJ sales, displays and/or storage
of vehicles at 1345 S. Ft. Harrison Ave., Belleair, Blk 15, Lots 7 & 8, zoned IL (Limited
Industrial). CU 95-53
ACTION: Approved subject to the fof/owing conditions: 1) Approved access from 5. Ft.
Harrison Ave. and Lakeview Rd. and parking shall be provided in accordance with the
requirements of City staff regarding parking location only; 2) Landscaping shall be provided
on the property in accordance witll the plan submitted by the applicant, and in no ca5e shalt
there be less than an average of five feet of landscaping provided adjacent to all street rights-
of-way, exclusive of aisles; 3) There shall be no storage or display of vehicles in any street
right-of-way or required landscaped area; 4) A Building Permit sllall be obtained within 60
days of the date of this public hearing, which shall be drawn to scale, clearly indicate vehicle
display areas, parking space and vehicular access dimensions, and landscaping for review by
all affected departments for code compliance. Applicant's automobile sales operation shall
not deviate from the plan, once approved; S) There shall be no vehicle service conducted on
site, as defined by L.D.C. section 35.11; 6) Any excavation on the site shall be limited to
pavement and base removal as may be necessary to provide landscaping; 7) The required
certificate of occupancy and city occupational Jicense shall be obtained within 12 months of
the date of this public hearing; and 8) Site lighting shall be screened with 90 degree cutoff
mechanisms, directed downward and away from adjoining properties and street rig/lts-of~way.
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2. EQuator. Ine/Boston Investment Group, In'c d/b/a lalT1z-N.lava to permit nightclubs,
taverns and bars (change of business ownership) at 2516 Gulf to Bay Blvd.,
Studebaker1s Sub, Lot 2, zoned CG (General Commercial1'. CU 95-54
ACTION: Approved subject to the following conditions: 1) The sale of alcoholic
beverages shall be limited to consumption on premises only, with no package safes; 2) The
applicant shall secure an agreement with Florida Power Corporation for use of the Florida
Power right~of-way for the required additional parking within one month from the date of
this public hearing; 3) A minimum of two security persollnel shall be provided to police the
P&Z ACTION
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3. 1850 McMullen Booth Rd, See 04-29-16, M&B 32.05 (Countryside Christian Center).
A 95-22;LUP 95-26
LUP: Institutional
ZONE: P/SP (PublidSemipublic)
ACTION: Endorsed Item D.3 to the City Commission
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parking lot between the hours of 10:00 p.m. and 3:00 a.m. Friday and Saturday nights; 4)
This approval shall be for a nine month trial period from the date of issuance of the
occupational license, after which the application will be reviewed for compliance with the
established conditions of approval; 5) Site lighting shall be screened with 90 degree cutoff
mechanisms, directed downward and away from adjoining properties and street rights-of-
way and shall be installed within three months from the date of this public hearing; and 6)
Prior to the issuance of the certificate of occupancy, the applicant shall submit a site
landscaping plan to Environmental Management for review.
D. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment and local Planning Agency Review
1. 1304 Parkwood St, Pine Ridge Sub, Blk A, Lot 11 (Mary'. Koger). A 95-20;lUP 95-23
LUP: Residential Low
, ZON E: RS 8 (Single Family Residential)
ACTION: Endorsed Item 0.1 to the City Commission
2. 1939 Sunset Point Rd, Sec 01-29-15, Pinellas Groves Sub, SW 1/4, part of Lot 3 (Linda J.
Pappas & Daniel R. Silvie). A 95-21;lUP 95-24
LUP: Residential Medium
ZONE: RM 16 (Multiple Family Residential)
ACTION: Endorsed Item 0.2 to the City Commission
4. 1105 Engman St, Greenwood Park No.2, Blk E, Lot 31 (Bertha Dorsey). Z 95-07;
lUP 95-25
LUP: From Residential Medium to Commercial General
ZONE: From RM 12 (Multi-Family Residential) to CNG (North Greenwood
Commercial)
ACTION: Endorsed Item D.4 to the City Commission
E. Chairman's Items - None
F. Director's Items
1. Alcoholic Beverage Regulation Memorandum - Discussion continued to Odober 3, 1995
2. Planning & Zoning Board Annual Report - Discussion continued to September 19, 1995
3. Other - Discussion
G. Board and Staff Comments - ~iscussion
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H. Adjournment - 3:38 p.m.
P&Z ACTION
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PLANNING AND ZONING BOARD
August 29, 1995
Members Present:
Kemper Merriam, Chair
Jay Keyes, Vice Chair
Edward Mazur
Brenda Nixon
Members Absent:
Robert D. Bickerstaffe
Bernie Baron
7th seat vacant
Also Present:
Scott Shuford, Director, Central Permitting
Gwen Legters, Board Reporter, City Clerk Department
The meeting was called to order by the Chair at 2:00 p.m. in the Commission Chambers of
City Hall, followed by the Invocation and Pledge of Allegiance. He outlined the procedures
for conditional uses and advised that anyone adversely affected by a decision of the Planning
and Zoning Board, with regard to conditional uses, may appeal through the City Clerk
Department within two weeks. He noted Florida Law requires any party appealing a decision
of this Board to have a record of the proceedings to support the appeal.
In order to provide continuity, the items will be listed in agenda order although not necessarily
discussed in that order.
l:) A. Approval of Minutes R August 15, 1995
Member Merriam expressed concern with use of the term "blue collar" on page 2, Item C.1,
second paragraph. It was indicated this term was used by the applicant to describe his
clientele.
Member Merriam' questioned page 3, third condition of approval in Item C.2. He did not feel
six months after issuance of the building permit was enough time to complete construction
and obtain the certificate of occupancy. Mr. Shuford stated jf the applicant is making a good
faith effort and cannot meet the time frame, an extension can be granted, either by the Board,
or administratively from his office.
Member Keyes moved to approve the minutes of August 15, 1995 in accordance with copies
submitted to each board member in writing. The motion was duly seconded and carried
unan imously.
B. Requests for Extension, Deferred and Continued Items
1. (co~tinued from 6/27/95, 7/18/95, & 8/15/95) 1221 & 1256 Bay Ave, 323 & 325
Pinellas 5t, and 1225 Reynolds Ave, Westover Sub, Blk B, lots 1-2 & 17, C. Perry
Snell's Bluff View Court, Lots 22~24, and S.J. Reynolds Sub, Lot 8 (Morton Plant
Hospital Association and Evmorphia M. KraUs). Z 95-02;lUP 95-13
LUP: From Residential/Office General to Institutional
ZONE: From OL (Limited Office) to MPD (Master planned Development)
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'1 Member Mazur declared a conflict of interest with regard to this application.
Emil C. Marquardt, Jr., attorney representing the applicant, stated he requested a 30~day
continuance at the August 15 meeting. Consensus was to continue this item to the
meeting of September 19, 1995.
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C. Conditional Uses
1. DMR Corp d/b/a Fuel Mart. Inc, to permit outdoor retail sales, displays and/or
storage of vehicles at 1345 S. Ft. Harrison Ave, Bellcair, alk 15, Lots 7 & 8,
zoned IL (Limited Industrial). CU 95.53
Mr. Shuford gave the background of the case and presented, in writing, the staff
recommenda~ion. He stated staff recommends approval subject to seven conditions.
In response to a question, Mr. Shuford stated no occupational license for outdoor sales has
ever been obtained for this property, so that use was never formally established.
David Hutcheson, representing the applicant, questioned if the location of required
parking spaces may be altered on the plan. Consensus was to sanction administrative
authority for staff to relocate the requisite parking spaces as needed.
Clarification was requested regarding the names of the property owner, business and
lessee. Staff is to review the paperwork for consistency.
Member Mazur moved to approve Item C.1 subject to the following conditions: 1)
Approved access from S. Ft. Harrison Avenue and lakeview Road and parking shall be
provided in accordance with the requirements of City staff regarding parking location
only; 2) Landscaping shall be provided on the property In accordance with the plan
submitted by the applicant, and in no case shall there be less than an average of five feel
of landscaping provided adjacent to all street rights-of-way, exclusive of aisles; 3) There
shall be no storage or display of vehicles in any street right-of-way or required landscaped
area; 4) A Building Permit shall be obtained within 60 days from the date of this public
hearing, which shall be drawn to scale, clearly indicate vehicle display areas, parking
space and vehicular access dimensions, and landscaping for review by all affected
departments for code compliance. Applicant's automobile salcs operation shall n9t
deviate from the plan, once approved; 5) There shall be no veh ide service conducted on
site, as defined by Land Development Code. Section 35.11; 6) Any excavation on the site
shall be limited to pavement and base removal as may be necessary to provide
landscaping; 7) The required certificate of occupancy and city occupational license shall
be obtained within 12 months of the date of this public hearing; and 8) Site lighting shall
be screened with 90 degree cutoff mechanisms, directed downward and away from
adjoining properties and street rights-of-way. The motion was duly seconded and carried
unanimously.
2. EqUiltor, InclBoston Investment Group, Inc d/b/a Jamz-N-Iava to permit
nightclubs, taverns and bars (change of business ownership) at 2516 Gulf to Bay
Blvd, Studebaker's Sub, Lot 2, zoned CG (General Commercial). CU 95-54
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.~ Mr. Shuford gave the background of the case and presentedl in writing, the staff
recommendation. He slated staff is pleased to see the applicant resolving some of the
problematic issues associated with this long~standing restaurant/nightclub. Improvements to
the exterior of the building include removing the neon palm trees of the former Calypso Bay
nightclub.
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Concern was expressed with a suggested condition prohibiting outdoor activitiesl including
temporary events. This was not felt to be fair because an adjacent church is allowed to have
outdoor events with appropriate permits. Mr. Shuford explained the City has experienced
complications with outdoor events in the past because temporary events are not regulated by
the code. Also1 staff wished to preclude the possibility of disturbing the neighboring church
and residential properties with outdoor noise. Consensus of the Board was the applicant
should be allowed the same privilege enjoyed by others and should not be restricted from
requesting permits for outdoor usesl if they desire.
One member did not agree with a suggested condition requiring valet parking. It was
indicated that condition was included at the suggestion of the applicant. Consensus was to
strike that condition.
Cheryl A. Ozgopoyanl General Manager of the subject business, stated while the business is
primarily a restaurant, it will sell alcoholic beverages. She requested a copy of the proposed
conditions and discussion ensued.
In response to questionsl Ms. Ozgopoyan stated they propose to provide parking lot security
from 10:00 p.m. to 3:00 a.m. A copy of the police report was requested and reviewed by the
Board. While the complaints reflected in the report related to previous businessesl it was
noted the majority of the calls occurred around 11 :00 p.m. The 10:00 p.m. start time was felt
to be adequate.
One member requested a condition relating to outdoor site lighting.
In response to qlJestions, Ms. Ozgopoyan stated they proposed to open for businc~s on
September 8 and she has a verbal agreement with Florida Power to lease part of their right-of-
way for additional parking. She felt she would receive the paperwork outlining the terms by
the end of next week. She said they will be allowed to use the entire right-of-way with the
exception of 15 feet from t,he oil pipeline. There is to be no charge for parking.
One member expressed concern with allowing the business to open without sufficient parking
in place and suggestedl either a parking variancel or tying the parking lease into the opening
date. Ms. Ozgopoyan did not feel that would allow enough time and requested 30 days to
have written proof of the lease.
Discussion ensued regarding parking calculations for the proposal. Mr. Shuford explained the
lack of parking for a nightclub on this site has been accepted for some time due to the
arrangement with Florida Power. He did not feel there would be a parking problem due to the
new business operating as more of a restaurant than a nightclub. He indicated the on site
parking was more than sufficient for a restaurant and the overflow arrangement was simply a
formality to allow a change of ownership of the old 4-COP-SR license. He suggested allowing
the applicants 30 days to secure the lease agreement so they will not be held up past their
projected opening date. Mr. Shuford indicated, if the lease is not obtainedl the alternatives
were for him to seek administrative authority to grant a waiver to the code requirementl or for
the applicant to request a parking variance.
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Discussion ensued regarding management of the new operation. Ms. Ozgopoyan stated this is
an entirely new entity at this location and has nothing to do with Calypso Bay. In response to a
question, she indicated Calypso Bay did not have an active parking agreement with Florida
Power at the time they sold the property. It was not known if a previous agreement had expired,
of if there never was an agreement.
The applicants were informed an affirmative vote from all four members was required for
approval.
Ms. Ozgopoyan responded to questions concerning the cover charge, valet parking charge and
the Top 40 music. She Indicated there is no intention for outdoor seating at present. The
outdoor lattice awning is being replaced with a more permanent awning for weather
protection.
Ray Ballou, representing Equator, Inc. spoke'in support of the application and explained the
relationship of the business and property owners. He did not feel there would be a problem
with the parking, as it was just a matter of getting the paperwork signed.
Ms. Ozgopoyan stated this is a totally new concept in the Clearwater area and eight more units
are anticipated once this one is perfect. She stated they get along very well in Clearwater.
Discussion ensued regarding new conditions and amendments to the suggested conditions of
approval.
Member Mazur moved to approve subject to the following conditions: 1) The sale: of alcoholic
beverages shall be limited to consumption on premises only, with no package sales; 2) The
applicant shall secure an agreement with Florida Power Corporation for use of the Florida Power
right-of-way for the required additional parking withill one month from the date of this public
hearing; 3) A minimum of two security personnel shall be provided to police the parking lot
between the hours of 10:00 p.m. and 3:00 a.m. Friday and Saturday nights; 4) This approval shall
be for a nine month trial period from the date of issuance of the occupational license, after which
the application will be reviewed for compliance with the established conditions of approval; 5)
Site lighting shall be screened with 90 degree cutoff mechanisms, directed downward and away
from adjoining properties and street rights-of-way and shall be installed within three months from
the date of this public hearing; and 6) Prior to the issuance of the certificate of occupancy, the
applicant shall submit a site landscaping plan to Environmental Management for review. The
motion was duly seconded and carried unanimously.
D. Annexation, Zoning, land Use Plan Amendment, Land Development Code Text
Amendment and local Planning Agency Review
Mr. Shuford gave the background of cases 0.1 through 0.4 and presented, in writing, the staff
recommendations. It was noted the staff reports do not contain the street addresses of the
requested annexations. Staff is to amend the reports for inclusion with the City Commission
agenda packets.
1. 1304 Parkwood St, Pine Ridge Sub, Blk A, Lot 11 (Mary J. Koger). A 95-20;lUP 95-23
LUP: Residential Low
ZONE: RS 8 (Single Family Residential)
Member Mazur moved to endorse Item D.l to the City Commission. The motion was duly
seconded and carried unanimously.
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Pilge ., of 6
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2. 1939 Sunset Point Rd, See 01-29-15, Plnellas Groves Sub, SW 1/4, part of Lot 3 (Linda J.
Pappas & Daniel R. Silvie). A 95~21;lUP 95-24
LUP: Residential Medium
lONE: RM 16 (Multiple Family Residential)
Member Mazur moved to endorse Item 0.2 to the City Commission. The motion was duly
seconded and carried unanimously.
3. 1850 McMullen Booth Rd, Sec 04-29-16, M&B 32.05 (Countryside Christian Center).
A 95-22;LUP 95-26
LUP: Institutional
lONE: PISP (PublidSemipublic)
In response to a question, Mr. Shuford responded, although the church property will not
contribute significantly to City revenues, the applicants will pay for water and sewer services
when they come into the City. He indicated impact fees could be required if additional services
or building expansion occur in the future.
Member Keyes moved to endorse Item D.3 to the City Commission. The motion was duly
seconded and carried unanimously.
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4. 1105 Engman St, Greenwood Park No.2, Blk E, Lot 31 (Bertha Dorsey). Z 95-07;
LUP 95-25
lUP: From Residential Medium to Commercial General
ZONE: From RM 12 (Multi-Family Residential) to CNG (North Greenwood
Commercial)
Mr. Shuford explained the subject property is a small lot located immediately adjacent to the
North Greenwood Commercial district. He stated approval of this request will allow
improvements to the property which has been used as a beauty salon continuously for more than
20 years. He said the property should have been included in the North Greenwood rezoning
district, but was overloo~ed. As a result, the property does not qualify for business improvement
funds available to businesses in the North Greenwood Commercial district.
Concern was expressed that allowing this rezoning could set an unwanted precedent for
commercial expansion into the residential area. Mr. Shuford did not feel this would be the case
in view of the long-standing commercial use of the subject property.
Member Keyes moved to endorse Item 0.4 to the City Commission.. The motion was duly
seconded and carried unanimously.
E. Chairman's Items - None
F. Director's Items
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1. Alcoholic Beverage Regulation Memorandum
In response to a Board inquiry, Mr. Shuford referred to a letter from Thomas Klein, Chief Attorney of the
Florida Department of Business and Professional Regulation, regarding stale laws pertaining to local
regulation of alcoholic beverage display and packaging.
Member Mazur reiterated his concern that selling single cans of beer encourages drinking while driving.
He also expressed concern when businesses do not fulfill promises made under oath. Ms. Nixon
indicated that is because the Board has no way of following up with applicants or enforcing the
conditions of approval.
Consensus was to include this as a discussion item at the meeting of October 3, 1995.
2. Planning & Zoning Board Annual Report
Mr. Shuford distributed a format for the report. Consensus was to continue discussion to the next
meeting.
3. Other
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Member Nixon requested discussion of a site lighting ordinance similar to what is done in
Vermont. She expressed concern energy is wasted on unnecessary lighting. Mr. Shuford said he
will seek additional information regarding what is done in other communities and the overall effect
of lighting on the night canopy.
G. Board and Staff Comments
Member Mazur questioned Board rules regarding voting without a quorum and discussion
ensued. Staff is to investigate.
Discussion resumed regarding the Jamz~N-java 'parking issue and the traffic flow designations
along Gulf to Bay Boulevard. Mr. Shuford reiterated if they were to change from a nightclub to
a restaurant, additional parking would not be needed. The proposed operation is clearly more of
a restaurant use, however, the applicant does not want to give up the nightclub license. Member
Mazur expressed concern with allowing businesses to open prior to meeting all Code
requirements.
H. Adjournment
The meeting adjourned at 3:58 p.m.
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Chair
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Board Reporter
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTYs MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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This form is for usc hy any pcrson scr\'ing at thc county, city, or othcr locnllcvcl of government on an appointed or elected board,
council, commission, outhodt)', or cOllllllillcc. It applies equally to mcmbcrs of i1dvi~ory and lion-advisory bodies who ore Ineselltcd
Wilh a voting conniel of i11lcrcst undcr Section J 11.3143. Florida Swtutcs.
WHO MUST FilE FORM 6B
Your rcsponsibilities under thc law whcn faced with a mcasure in which you have a connict of interest will vary grcntl)' depending
on whcther )'Oll hold an e1eclivc or appointive pmition. For lhis reason, please pay close allelltion 10 the instructions onlhis form
before: completing the reverse side and filing the form.
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appoinlive cOllnly. municip.lI. or other IOc.'l1 public office MUST ABSTAIN from voting on n mcasure
which inures to his special private gain. Each elected or appoinled local orlicer also is prohibited from knowingl)' voting on a measure
which inures to the special gain of a principal (olher than a government agency) by whom he is relained (including the pllrenl
orsanization or subsidiary of a corporale principal by which he is rewined); 10 the special private gain of a rel:llivc; or to lhe special
. private gain of a business nssoei:llc. Commissioners of communil)' redevelopmenl agencies under SL:c. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a,one-acrc. one-vote basis are not prohibited from vOling in thaI capacily.
For pllrposes of this law, a "rcl:ltive" includes only the officer's f<llher, mOlher, son, daughler, husband, wife, father-in-law, mother~in~
law, son-in-law, and daughter-in-In\\'. A Mbusincss associate" means any person or entity engaged in or carrying on a business
enterprise wilh lhe officer as a partner, joint venturer, coowner of properlY, or corporate shareholder (where the shares of lhe
corporation are notlisled on any national or regional slock exchange).
ELECTED OFFICEHS:
In addition to abstaining from vOling in lhe situations described above, )'ou must disclose the connict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you arc absUlining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with lhe person responsible for
n.-cording the minutes of lhe meeting, who should incorpornle the form in lhe: minules.
APPOIl\1ED OFFICERS:
Allhough you must abstain from voting in the situations described :lbove, you otherwise may participate in lhese mailers. However,
you must disclose lhe nalUre of the connict before making any altempt to innuence the decision, whelher orally or in writing and
whclhe:r made: by you or at your direction. . " ....... .. .
IF YOU INTEND TO MAKE ANY ATfEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
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1" . You musl complete and file this form (before making any attempt 10 innllence the decision) Wilh
~ ,'. re~~rding lhe minules of lhe. meeting, who will incorporate the form in l~e minut~s, .. . '.
. A copy of the form must be provided immediately to the: other members of the agency., ' .
_ ... ..The form must be read publicly at the next meeting afler the form is filed.
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. You must COl11pll'l~ lhe form and ftl~ it within f5l1ilY" after I Ill' \l\I~ lICl'urS \\Ith tll{' pe:rson rcsl'olH.lbk for rl'l'ordinj.: lht' mil'~
the mc:cting, who must im"orpor;He: the form ;11 lhl' l1Ii'lUle:~, ,\ cup)' \If ,he 1(1 r l1\ lIIU,,' he: pUl\ ided il11 nwdialc:ly 10 Iht' ~
nlembers of the agcnc)'. nnd the form IIlllsl he rl':ld publicly ;tIthe IIc,\llIll'Clin~ aftt'r the fWI1l is 1"11l'll.
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DISCLOSURE OF LOCAL OFF1CEH'S INTI:IlEST
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(a) ^ measure came N will come hdmr: my agcney which (check om')
_ inured 10 nl)' special private gain:
_ inured 10 Ihe srccinl t;.aill of my hu"iness associate,
_ inured 10 the ~rcci;d gain of my rcla~~, -73
$ inured to lhe sred.., guin Clr jT{t'/l-72:J# rG.--I1-.A/.T
whom I 3m retained; or
_ inured 10 the special gain or
is lhe parent oq.:anii':l1ion or subsidiary or a principal which has rClained mc.
(h) The measure bdore my agency ilnd Ihe nature of my COllnicling inlerest in the measure is ns follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~11:!,317 (1991), A FAILURE TO MAKE ANY RE~~ED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY DE PUNISHED 01' ONE OR MORE OF TIlE FOLLOWING;
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYME.NT, DEMOTION, REDUCTION I~'
SALAR Y, REPRIMAND, OR A CIVIL PENALTY NOT TO E.XCEE.D S5,OOO,
CF I"OR"\ fll . Ill.Q I
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