09/21/1995 (2)
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, COMMISSION
City Commission Minutes
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Date 8epfemiler: 2[, tl9S'"
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 21, 1995 - 6:00 P.M. - Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your ~ and addres!i. Persons speakIng before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1.
2.
3.
4.
5.
1. Rev. Thurman Rivers, Skycrest United
Methodist Church.
2. Mayor.
3. 1 award presented.
4. Proclamation: Public Natural Gas Week
10/1-7/95.
Silver Circle Award for Tourism Video
6. a) Report received.
b) Report received.
6. Approved as submitted.
7. Qavid Grice expressed concern re the
playground's name in Plaza Park and suggested
calling it All Children's Memorial to honor all City
children. He said his neighborhood has problems
with drug activities and too much commercial
traffic. He recommended vacating a right-ot-way
to redirect Parks & Recreation Department traffic.
Steve Fowler ,said the ordinance limiting the
number at restaurants serving alcoholic beverages
in shopping centers has destroyed Pelican Walk's
ability to complete their project. It was noted the
issue will appear on the agenda in two weeks.
Tom Sehlhorst thanked the City Manager and
staff for being available to the community. He
recommended combining City and County
services to save money.
6.
Invocation
Pledge of Allegiance
Service Awards
Introductions and Awards
Presentations
a) Beautification Committee w Annual
Report
b) Parks & Recreation Board. Annual
Report
Approval of Minutes - Regular Meeting
9/7/95 & Special Meetings 8/28/95 &
9112195
Citizens to be heard re items not on the
Agenda (maximum of 30 minutesl
7.
PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case. Witness may be cross-examined (15 minutes).
Staff presents further evidence. May be cross~examined (10 minutes).
Public comment (3 minutes per speaker).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
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"-"~ Conclusion by applicant (3 minutes).
:. Decision.
8. Approved 40.3 sq.ft. area variance to allow a
freestanding sign with an area of 88.3 sq.ft. and
a 5' height variance to allow a freestanding sign
17' high subject to the condition, there shall be
no additional freestanding signs placed on this
property.
9. Denied request for 95.6 sq.ft. area variance &
ratio variance of 1.91 sq.ft. per foot of building
width.
8.
Variance(s) to Sign Regulations for property
located at 1390 Sunset Point Rd., E. A.
Marshall's Sub., Lots 9, 19 & 20, less road on
E & S and vacated street between Lots 9 &
20 (Sunset Point Baptist Church, SV95-351
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker).
Commission questions.
Final rebuttal by applicant or representative (5 minutesl.
Commission disposition
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9.
Variance{s) to Sign Regulations for property
located at 24111 US 19N, Sec. 5.29-16, M&B
23.05 (Robert Enterprises I Royal Pools,
SV95-39)
10.Approved. Ords. #5895-95, #5896-95 &
#5897-95 passed 1 st reading.
11.Approved. Ords. #5898-95, #5899-95 &
#5900.95 passed 1st reading.
12.Approved. Ords. #5903-95, #5904-95 &
#5905-95 passed 1 st reading.
13.0rd. #5912-95 adopted.
14.0rd. #5913-95 adopted.
15.0rd. #5914-95 adopted.
11.
Public Hearing & First Reading Ords. #5895-95,
#5896-95 & #5897-95 - AnnexationJ Land Use Plan
Amendment to Residential Low & RS-B Zoning for
property located at 1304 Parkwood St., Pine Ridge
Sub., Blk A, Lot 11 (Koger, A95-20, LUP95-23)
Public Hearing & First Reading Ords. #5898-95,
#5899~95 & #5900-95 - Annexation, Land Use Plan
Amendment to Residential Medium & RM-1 6 Zoning
for property located at 1939 Sunset Point Rd., Sec.
1 ~29-15, PineUas Groves Sub., SW 1/4, part of Lot 3
'Pappas & Silvie, A95-21, LUP95~24}
Public Hearing & First Reading Ords. #5903-95,
#5904-95 & #5905-95 - Annexation, Land Use Plan
Amendment to Institutional & P/SP Zoning for
property located at 1850 McMullen Booth Rd., Sec.
4-29-16, M&B 32.05 (Countryside Christian Center,
A95-22, LUP95-26)
Public Hearing - Second Reading Ord. #5912-95 -
1 995/96 millage rate
Public Hearing - Second Reading Ord. #5913-95 ~
1995/96 Operating budget
Public Hearing - Second Reading Ord. #5914-95 -
1995/96 CIP budget
12.
13.
14.
15.
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,---.,16. (Cant. from 9/7/95) Public Hearing - Res. #95-61 -
authorizing placement of liens on properties tor
unpaid utility bills (FN) ~ City Attorney request to
continue for 2 weeks
19.
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16. Continued to 10/5/95.
Public Hearing - Second Reading Ordinances
17.
(Cont. from 9/7/95) Ord. #5741-95 - land Use Plan 17.0rd. #5741-95 adopted.
Amendment to Commercial General for property
located at 509 Bayview Ave. and 508 Meadow lark
Lane, Town of Bay View a/k/a McMullen Bayview
Sub., Blk 3, part of Lots 1 & 2, and S 1/2 of vacated
street abutting N side of lots, 0.70 acres m.o.1. (R.
Roy Meador, lUP93-43)
(Cant. from 9/7/95) Ord. #5742-95 - CPO Zoning for 18.0rd. #5742-95 adopted.
property located at 509 Bayview Ave., 508 Meadow
Lark Lane, and 3009 Gulf to Bay Blvd.. Town of Bay
View alkla McMullen Bayview Sub., Blk 3, part of
Lots 1 & 2 and Bayview City Sub., Lot A, and
vacated street r-o-w between Lot A and Lots 1 & 2
of McMullen Bayview Sub., 1.02 acres m.o.1. (R.
Roy Meador, Z93-54)
Ord. #5891-95 - Land Use Plan Amendment to 19.0rd. #5891-95 adopted.
Institutional for property located at 1920 & 1924
Douglas Ave., Sunset Point 2nd Addition, Blk G,
Lots 26 & 27 IHel1enic Orthodox Traditional Church
of America, LUP95-22)
Ord. #5892-95 - P/SP Zoning for property located at 20.0rd. #5892-95 adopted.
1920 & 1924 Douglas Ave., Sunset Point 2nd
Addition, Blk G, lots 26 & 27 (Hellenic Orthodox
Traditional Church of America, Z95~05)
Ord #5893-95 ~ RPD Zoning for property located at 21.0rd. #5893-95 adopted.
1551,1555,1559,1563,1567 & 1571 Druid Rd.,
Druid Groves Sub., Blk A, Lots 1 ~6 & 1/2 vacated
street (Clearwater Community Hospital, 195-061
Ord. #5901-95 - Land Use Plan Amendment to 22.0rd. #5901-95 adopted.
Commercial General for property located at 1105
Engman St., Greenwood Park No.2. Blk E, Lot 31
IDorsey, lUP95-25)
Ord. #5902-95 - CNG Zoning for property located at 23.0rd. #5902-95 adopted.
1105 Engman St. I Greenwood Park No.2, Blk E, Lot
31 (Dorsey, Z95~07)
Ord. #5906-95 - providing for issuance of not to 24.0rd. #5906-95 adopted.
exceed $1,400,000 Special Assessment Bonds.
Series,1 995 to pay costs related to burying of power
lines & installation of street lighting along Gulf Blvd.
on Sand Key
to
18.
20.
21.
22.
23.
24.
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Ord. #6910-95 - 1994/95 Operating budget (3rd qtrl
Ord. #5911-95 - 1994/95 CIP budget (3rd qtr)
25.0rd. #5910~95 adopted.
26.0rd. #5911-95 adopted.
27.
Citizens to be heard re items not on the Agenda
David Griq~ read a letter from the Drew and Plaza Park neighborhoods re their battle to curb drug
activities, restore homes, and report code violations. He expressed concern re commercial intrusion.
He suggested the Parks & Recreation Department create their own road.
John Doran, tongue in cheek, referred to his album of dumpsters and suggested applying for a world
record for the most dumpsters per square mile.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #28-39) - Approved as submitted less #31.
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The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
28.
Renew lease with Albert L. and Linda M. Guy for property located at 1000 Vine Ave., Jurgen's
Addition 'to Clearwater, Blk E, part Lot 10, used for CRT N. Greenwood Neighborhood Office, for
the period 10/1/95-9/30/96, with 1 one-year term option, for $4,800 (CRT)
Amend existing contract with legal firm of Akerman, Senterfitt & Edison, Orlando, FL, to increase
counsel fees for environmental issues relating to the Manufactured Gas Plant Site by $25,000 for
a new total of $65,000 (GAS)
C.O.#s1 ~4 for additional work for remodeling of Gas Adminstration & Operation Center buildings
located at 400 N. Myrtle Ave., to Design Wise Building Contractors, Inc., Clearwater, FL, for
$34,969 for an est. new total amount of $197,519 (GAS)
Contract for tire service, repair & replacement to Stringer Tire Company, Inc., Tampa, FL, for the
period 10/1/95-9/30/96 with option to renew for an additional year upon mutual consent, at an
8st. labor cost of $63,410 & est. material cost of $211,590, for a total est. $275,000 (GS) -
PULLED due to bid protest
Contract extension for long-term disability (L TO) insurance for employees not covered by City's
Pension Plan with CNA Insurance Companies, Orlando, FL, for the period 11/1/95-10/31/96, at
an est. $36,702 (HRl
Purchase of 1 OEe Alpha 2100/4 computer system, operating system & programming licenses
and associated peripheral components from American Data & Computer Products, Inc., Tampa,
FL, for $38,348; authorize lease purchase through City's master lease purchase agreement (1M)
Amendment to agreement with School Board of Pinellas County, providing for continuation of
School Resource Officer program for 1995/96 school year, at Clearwater & Countryside High
Schools (Pot
Ratify/Confirm City Manager's authorization of payment for May, June, July, August &,
September, 1995 and approve assignment of remainder of City's sweeping contract with C. P.
Ward, Inc. to Sweeping Corporation of America, Inc., Nashville, TN, beginning 511/95 & ending
9/30/96 under same terms and conditions (PW)
31.
32.
33.
34.
35.
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39.
Contract to Crom Corp., Gainesville, FL, to provide misc. repairs & upgrades to 4 flve-mllllon-
gallon ground storage (water) tanks for the Public Works Dept., for $71,899 (PW)
Sovereign Submerged Lands Use Agreement with State of Florida, Board of Trustees of Internal
Improvement Trust Fund for Force Main Replacement in Clearwater Harbor (EN)
Receipt/Referral - LDCA - Parking Garage Regulations (LDCA 95-19) (CP)
Appoint Commissioner Justice to represent the Commission as the Canvassing Board regarding
the 10/24/95 Special Election (ClK)
37.
OTHER ITEMS ON CITY MANAGER REPORT
40 Harborview interior colors & design
40. Direction to go with suggested blue and
green tropical design.
41. Appointed Terry Byrd.
41 (Cant. from 9/7/95) Clearwater Housing
Authority - 1 appointment (eLK)
42 Other Pending Matters
42. None.
CITY ATTORNEY REPORTS
43. Resolutions
al Res. #95-75 - Relating to a beach access
and public parking on Sand Key for the Beach
Restoration Project
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43. a) Res. #95-75 adopted.
44.Approved $590,000 settlement with
Fisherman's Wharf for business damages,
rental expenses, etc.
Attorney/client session re City & Sid Klein v.
the Church of Scientology Flag Service
Organizations, Inc. scheduled for 10/5/95 at
5:00 p.m.
Dervish Brothers conditional use hearing
rescheduled for 12/6/95 at 9:00 a.m.
Approved one time, 6 month extension to
contract requirement for City Attorney to
move into Clearwater within 1 year.
45. City Manager Verbal Reports
Approved Jazz Holiday request for on-site EMS unit.
City Manager referred to t.he National League of Cities conference scheduled for Phoenix and
suggested one or more Commissioners may want to consider attending.
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The Deputy City Manager reported the IAFF had not agreed to the pension plan. Staff feels the
City's agreement and contract are valid. Consensus was to hold the referendum as scheduled and not
to create a job classification for drivers.
Approved consideration of the Civic Center parking lot for location of proposed tower.
City Manager announced the September 28, 1995 Special Meeting at 9:00 a.m. re the
concession stand at Pier 60 will be held at the Clearwater Beach Recreation Center.
46. Other Commission Action
Berfield referred to awards for the CommUnity campaign and said the awards' committee
should be advised re Clearwater's participation.
Berfield questioned when the C-View Task Force would be formed. Issue to be discussed at
10/2/95 Work Session.
Berfield requested update re background check on Mr. Katz who had proposed to build the
Sandcastle. Commission approved stopping all negotiations until all financial judgments against Mr.
Katz are cleared.
Thomas referred to cover of Quality City Magazine and cited it as a good example of tall
~--":'j.~.\buildings surrounded by park land.
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, Garvey reported her meeting with Mayor Jorge Rocha Trejo from Ixmiquiltan, Mexico and
presented wall hangings he had sent to the Commissioners.
Garvey announced C.View will move from channel 35 to channel 15. The City Manager
indicated the change will occur between October and January.
Garvey invited volunteers to participate in the Sparkle City program planned on the beach
9/25/95 -9/30/95.
47. Adjournment ~ 10:44 p.m.
V9/21/95
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CITY COMMISSION MEETING
September 21, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Thursday, September 21, 1995 at 6:00 p.m., with the following members present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. B. Johnson
William Justice
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
C,')mmissioner
Commissioner
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Richard Baier
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
o
The Mayor called the meeting to order. The invocation was offered by Reverend
Thurman Rivers of Skycrest United Methodist Church. The Mayor led the Pledge of
Allegiance.
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In order to provide continuity for research. the items will be listed in agenda order although
not necessarily discussed in that order.
ITI:M #3 - Service Awards
One service award was presented to a City employee.
ITe:M #4 - Introductions and Awards
Proclamation:
Public Natural Gas Week - October 1 - 7. 1995. .
Presentation:
Silver Circle Award for Tourism Video
ITEM #5 - Presentations
a) Beautification Committee - Annual Report
Bill Baldwin, Chair. presented the Beautification Committee Annual Report. In the
past year, the Committee met with interested citizens regarding the beautification of
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US'9N at Enterprise in Countryside and the Pinellas Trail. He said the Beautification
Committee recommended prohibiting parking on front lawns, additional landscaping at the
Solid Waste facility, landscape maintenance at the Airpark, landscaping on North Ft.
Harrison and that the City Commission appoint members of both genders from all areas of
the City. Besides encouraging further beautification of the Airpark, the committee
addressed the Community Redevelopment Agency (CRA) to promote lights and trees
downtown. Mr. Baldwin reported the committee's float participated tn the Fun N Sun
parade and sidewalks they recommended on Arcturas are underway. Mr. Baldwin said the
Beautification Committee encourage the development of a unified City theme. They support
continued work on the tree ordinance and favor the work of the Design Review Board. The
committee supports the redevelopment of Pier 60 but recommends eliminating the
playground and enlarging the pavilion. Committee members are interested in serving the
City productively and want to be involved in discussions regarding major projects.
b) Parks & Recreation Board - Annual Report
t,,;.<.)
Bill Kirbas presented the annual report for the Parks & Recreation Board and
reviewed board recommendations from the last year that included support of the
completion of the Pinellas Trail in downtown and renovation of the restrooms at Crest Lake
Park. He notp.d the board was against the tower proposed, and later denied, for the Pier 60
park. The board recommended the installation of two bench shelters on the south side of
Memorial Causeway and a transfer of funds to cover the upgrades to' Bayshore Park from
the basketball court in Del Oro that can be funded next year. He said board members want
their efforts to be meaningful and requested input and direction from the City Commission.
ITEM #6 - Approval of Minutes
Commissioner Barfield moved to approve the minutes of the regular meeting of
September 7. 1995, and the special meetings of August 28, 1995 and September 12,
1995. as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
David Grice, of the Drew and Plaza Park Neighborhood Association. thanked Mayor
Garvey and Commissioner Johnson for attending the third annual picnic for neighborhood
residents. He referred to last Thursday's dedication by the North Greenwood Association
of the playground in Plaza Park named after a neighborhood child who died during a drug
deal. He said Plaza Park residents were not invited to be a part of the decision regarding
the celebration or playground's name. He expressed concern the deceased child's familv
continues their drug activities and children from the home chase other neighborhood
children off the playground. He said the neighborhood is proud of their diversity and
suggested calling the playground. All Children's Memorial, to honor all City children. As
the neighborhood has problems with drug activities and too much commercial traffic, he
recommended vacating a right-of-way to redirect Parks & Recreation Department traffic.
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St~ve Fowler said the ordinance limiting the percentage of restaurants serving
alcoholic beverages in shopping centers has had a devastating affect on Pelican Walk's
ability to complete their project. He said the closing of several beach hotel restaurants
recently has resulted in an increased tourist demand for restaurant services. He noted the
issue will appear on the agenda in two weeks but indicated a sense of urgency exists. He
suggested eliminating restaurants from that section of the ordinance.
Tom Sehlhorst thanked the City Manager and staff for being available to the
community. He recommended combining City and County servlces to save money and
invest more in the infrastructure. He said local government rates high in growth.
Commissioner Thomas sald a study was done two years ago regarding this issue and the
County had indicated they did not want to share the savings with the City.
eUBLlC HEARINGS
ITEM #8 - Variance(sl to Sign Regulations for property located at 1390 Sunset Point Rd., E.
A. Marshall's Sub., Lots 9, 19 & 20, less road on E & S and vacated street between Lots 9
& 20 (Sunset Point Baptist Church, SV95-35)
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The applicant requests the following variances: 1) an area variance of 40.3 square
feet to allow a freestanding sign with an area of 88.3 square feet and 21 a height variance
of 5 feet to allow a freestanding sign 17 feet high. The subject property, zoned PublicI
Semipublic, is on the northwest corner of Sunset Point Road and King's Highway. The
variance is requested to permit the existing freestanding sign to remain.
Sunset Polnt Baptist Church is identified by a nonconforming, freestanding sign.
Within Public/Semipublic zones, churches are allowed two freestanding signs: one 12 feet
high with 48 square fe~t to identify the church and one directory sign six feet high with 24
square feet to announce services and events. Sunset Point Baptist Church has one sign
comprised of four sign panels. The sign code does not regulate two panels because
administrative policy exempts religious symbols. The remaining two panels are 88.3
square feet in area and 17 feet high. This sign is 40.3 square feet greater than the
maximum allowed representing an 84% departure from code. The height is 5 feet taller
than allowed, or a 42% departure from code.
Staff feels special circumstances support approval of the requested variances. The
sign's size and height are not out of scale with the property with approximately 13 acres
and an expansive front yard on Sunset Point Road. This is the only sign on this property.
No signs are affixed to the building. The sign is set back 24 feet from the ri9ht-of~way,
farther than required by code. No discernible aesthetic harm will be caused by permitting
the applicant to combine the allowable 48 and 24 square foot signs into a single sign with
an area of 88.3 square feet. Staff feels strict enforcement of the code would impose a
hardship upon the applicant of greater weight that the benefit derived by the public.
Bob Waples, representatlve, verified photographs of the property presented him by
Mr. Shuford.
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-\ Commissioner Barfield moved to approved the following variances: 1) an area
variance of 40.3 square feet from the permitted 48 square feet to allow a freestanding sign
with an area of 88.3 square feet and 2) a height variance of 5 feet from the permitted 12
feet to allow a freestanding sign 17 feet high, on property identified as E. A. Marshall's
Sub., Lots 9, 19, and 20, for meeting Sec. 45.24 Standards for Approval, items (1) - (4),
subject to the following condition: No additional freestanding signs shall be placed on this
property. The motion was duly seconded and carried unanimously.
ITEM #9 - Variance's) to Sign Regulations for property located at 24111 US19N, Sec. 5-
29-16, M&B 23.05 (Robert Enterprises I Royal Pools, SV95~39)
The applicant requests the following variances: 1) an area variance of 95.6 square
feet from the permitted 75 square feet to allow attached signs with a total area of 170.6
square feet and 2) a ratio variance of 1.91 square feet per foot of building width to allow
3.41 square feet of attached sign area per foot of building width.
t.~:~,}
The subject property, zoned Commercial Center, is located on the northeast corner
of US 19N and Sunset Point Road. Following an April 21, 1995 complaint, City inspectors
found the signs were placed without permits and do not conform to the area and ratio
requirements of the code. The variance was subsequently requested to permit the signs to
remain. If the variance is approved, the applicant must obtain the requisite sign permits
and pay a triple fee imposed as a penalty. If not approved, the signs must be removed or
altered to conform to code or enforcement action will proceed. Should the signs be altered
or replaced with new conforming signs, sign permits first must be procured.
On March 3, 1993, City inspectors found the signs for the previous tenant,
Philippine Bazaar, in compliance with code. Subsequently, the tenant and signs changed
and the space now is occupied by Royal Pools who put up nonconforming signs without
permits. The total sign area of 170.6 square feet is 95.6 square feet larger than the 75
square feet allowed. The ratio of sign area to storefront width is 3.41 or 1.91 greater than
the 1.5 ratio allowed.
The applicant contends the variances are warranted because the store is located in
the corner of a shopping center. Staff disagrees and feels no special circumstances apply
to this property to support approval of these variances. The requested sign area is a 127%
deviation from the code and the ratio of sign area to storefront width is also a 1 27 %
deviation from code. These variances are not minimum in scope. Signs for other
businesses in this zone have conforming signs, including those for similarly situated
businesses.
Richard Franc, representative, verified photographs of the property presented him by
Mr. Shuford. He said the business is new and when he tried to seek information regarding
the sign code, he ran into a dead end. He said the previous signs were modified. Mr.
Franc said the business painted temporary signs on the windows because it is very difficult
to see them from US 19N or Sunset Point Road. He did not intend to violate code. His
business needs help being seen.
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Commissioner Thomas recused himself from discussion because Royal' Pools is a
competitor of one of Commissioner Thomas' businesses.
Commissioner Johnson moved to deny the following variances: 1) an area variance
of 95.6 square feet from the permitted 75 square feet to allow attached signs with a total
area of 170.6 square feet and 2) a ratio variance of 1.91 square feat per foot of building
width to allow 3.41 square feet of attached sign area per foot of building width. on
property identified as Sec. 5-29.16, M&B 23.05, for failure to meet Sec. 45.24 Standards
for Approval, items (1) - (4). The motion was duly seconded.
Commissioner Berfield questioned if the business will be required to obtain permits
regarding their signage. Mr. Shuford indicated that is the case.
Upon the vote being taken, Commissioners Berfield, Johnson and Justice and Mayor
Garvey voted "Aye." Commissioner Thomas abstained. Motion carried.
ITEM #10 - Public Hearing & First Readino Ords. #5895w95, #5896-95 & #5897-95 -
Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property
located at 1304 Parkwood St., Pine Ridge Sub.. Blk A, Lot 11 (Koger, A95-20, LUP95-231
t.;;
The applicant requests annexation for sewer service of land with a proposed zoning
of Single-Family Residential "Eight" and proposed Future Land Use Classification of
Residential Low. On August 29, 1995, the Planning & Zoning Board unanimously
endorsed the proposed annexation.
Commissioner Thomas moved to approve the petition for annexation, Future Land
Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family
Residential "Eight" for Lot 11, Block A, Pine Ridge Subdivision. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5895~95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5895-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5896-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5896.95 on first reading.
The motion was duly seconded and, upon roll call, the vote was:
lIAyes": Berfield, Thomas. Johnson, Justice and Garvey.
"Nays": None.
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The City Attorney presented Ordinance #5897-95 for first reading and read It by
title only. Commissioner Berfield moved to pass Ordinance #5897-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield. Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #11 - Public Hearing & First Reading Ords. #5898-95. #5899-95 & #5900-95 -
Annexation, Land Use Plan Amendment to Residential Medium & RM-16 Zoning for
property located at 1939 Sunset Point Rd., Sec. 1-'29-15, Pinellas Groves Sub., SW 1/4,
part of Lot 3 (Pappas & Silvie, A95-21, lUP95-24)
The applicant requests annexation for sewer service of land with a proposed zoning
of Single-Family Residential 11 Sixteen" and proposed Future Land Use Classification of
Residential Medium. On August 29. 1995, the Planning & Zoning Board unanimously
endorsed the proposed annexation.
Commissioner Johnson moved to approve the petition for annexation, Future land
Use Plan Amendment to Residential Medium, and Zoning Atlas Amendment to Single-
Family Residential "Sixteen" for SW 1/4, North 175 feet of west 120 feet of lot 3, Pinellas
Groves Subdivision. The motion was duly seconded and carried un'animously.
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The City Attorney presented Ordinance #5898-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5898-95 on first readinQ.
The motion Wi:l~ uuly SeCUllUl::l.i i:md upon roii caii, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5899.95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5899-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas. Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5900-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5900-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Serfield, Thomas, Johnson, Justice and Garvey ~
"Nays": None.
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ITEM #12 - Public Hearing & F,irst Reading Ords. #5903-95. #5904-95 & #5905-95 -
Annexation, Land Use Plan Amendment to Institutional & PISP Zoning for property located
at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center,
A95-22, lU?95-26)
The applicant requests annexation for sewer service of land with a proposed zoning
of PublicI Semi-Public and proposed Future Land Use Classification of Institutional. On
August 29, 1995, the Planning & Zoning Board unanimously endorsed the proposed
annexation.
Commissioner Berfield moved to approve the petition for annexation, Future Land
Use Plan Amendment to Institutional and Zoning Atlas Amendment to PublicI Semi-Public
for M & 8 32/05. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5903-95 for first reading and read it by
title only. Commissioner Barfield moved to pass Ordinance #5903-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
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The City Attorney presented Ordinance #5904-95 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5904-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
IIAyes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5905-95 for first reading and read it by
title only. Commissioner Justice moved to pass Ordinance #5905-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey.
"Nays": None.
ITEM #13 . Public Hearing - Second Reading Ord. #5912-95 - 1995/96 millage rate
The City Attorney presented Ordinance #5912~95 for second reading and read it in
full. Commissioner Barfield moved to pass and adopt Ordinance #5912-95 on second and
final reading. The motion was duly seconded.
Commissioner Thomas reported management has held the same millage rate for five
years in a row. He noted the Police Department cost more than the City receives in
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--.., property taxes and said the City is funded by a user fee system from franchise fees, etc.
He expressed concern many sources of City funding are being limited or eliminated.
Upon roll call, the vote was:
"Ayes It: Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #14 ~ Public Hearing - Second Read,ng Ord. #5913-95 - 1995/96 Operating budget
The City Attorney presented Ordinance #5913-95 for second reading and read it by
title only.
Rita Peck, of the Christian Coalition, submitted a petition requesting the City's
annual $400,000 contribution to the Performing Arts Center & Theater (PACT) at Ruth
Eckerd Hall be terminated because of the scheduled presentation of "Angels in America."
She said the theater's disclaimer that the show was not recommended for children proves
PACT knew this booking would cause problems in the community.
Pam Olsen, co-founder of Citizens Against Pornography. said she was against the
play and its blatant anti-family voice. She requested the City Commission take a strong
stand and cut funding to PACT.
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Nick Paneko, pastor, said the City Commission is responsible for overseeing the
welfare of the community. He applauded the Commission's ban on T-back swimsuits last
year. He expressed concern Ruth Eckerd Hall sees nothing wrong with IlAngels in
America," a play with sexual situations and nudity. He said the 3,000 member
Countryside Christian Center opposes this play and requested the Commission stop PACT
from bringing the play to town.
Gwenith A. Conrad said if Ruth Eckerd Hall did not want to present a religious play
during the Christmas Season, they should not have gone to this extreme.
Alice Bowles said Ruth Eckerd Hall was built for families and recommended against
spending tax money for the play, "Angels in America."
Early Sorenson said he has a healthy family and will go see the play. He said the
play will not hurt anybody.
The City Manager said the City contributes $400,000 annually to Ruth Eckerd Hall
and must give them notice by July 1 of the City's inability to provide that funding. The
City Attorney reported the purpose of the City's contribution is to enable community
groups to use the hall for a certain number of days. She said the City Commission can
decide the City does not have funds for that purposet but must notify PACT by July 1 of
the year they reach that decision. The City Attorney advised if the funding is removed at
this time, the City would breach its agreement.
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Commissioner Justice said he brought the issue forward to inform the citizens about
the play. He did not want to censor anything and noted the budget cannot be changed at
this time. He suggested the next City Commission will need to decide if they want a say in
which plays arc produced at Ruth Eckerd Hall. He said he had nothing against the play but
suggested the same story could be told with clothes on. Commissioner Johnson said he
felt the same way.
Commissioner Barfield noted Ruth Eckerd Hall hosts 200 events per year. She
suggested filing the petition and addressing this issue in April 1996.
Consensus was to bring this issue back for discussion in April 1996.
Commissioner Berfield said she had attended a recent meeting of the PACT
foundation and reported neither the present nor past Executive Directors booked this
program. She was impressed with the current Executive Director and felt the City can
work with her in the future.
Commissioner Thomas wanted to address this issue now. He requested the City
Attorney draft a resolution to pass in two weeks to Ruth Eckerd Hall indicating the City
Commission's intent not to fund the PACT next year if they continue to present sexually
perverse plays. The City Attorney requested some leeway because the grounds for
rejecting funding are fairly limited.
t.':) Howard Groth referred to the Facility Use Agreement and warned of some legal
consequences should the City Commission take action. He said while he agrees with the
concerns regarding the play, the agreement specifically states the City will not interfere
with programming. He indicated the $400,000 contribution is tied to other performances
by children, the Florida Orchestra, etc.
Jack Alvord questioned if no one in Chambers had seen the play, how can it be
condemned solely on an advertisement.
Terry Cummings said he makes decisions every day regarding what he will and will
not see based on advertisements.
Reverend Tony Shagler said he works with homeless men and felt plays such as
"Angels in America" cause the problems he sees on the street. He recommended the City
take a stand.
Commissioner Justice moved to pass and adopt Ordinance #591 3-95 on second and
final reading. The motion was duly seconded.
Commissioner Berfield questioned if the Tampa Bay Partnership was included in the
budget. The City Manager said staff will bring that issue back to the Commission before
the dues are paid.
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Upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
IrEM #15 - Public Hearing - Second Reading Ord. #5914:95 - 1995/96 CIP budget
The City Attorney presented Ordinance #5914-95 for second reading and read it by
title only.
Carlton Ward, representative for Senior Citizen Services, Inc., referred to the CIP for a
downtown lake. He said Senior Citizen Services, Inc. objects to plans to take their
property for the lake.
Commissioner Thomas moved to pass and adopt Ordinance #5914-95 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
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IT[:M #16 - tCont'd from 09/07/95) Public Hearing - Res. #95-6J - authorizing placement of
liens on properties for unpaid utility bills (FN)
The City Attorney requested this item be continued for two weeks.
Terry Muntges questioned why the item was continued. The City Attorney said she
needed to complete research on the letter she received.
Commissioner Justice to continue this item to October 5, 1995. The motion was duly
seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #17 - lCont'd from 09/07/951 Ord. #5741-95 - Land Use Plan Amendment to
Commercial General for property located at 509 Bayview Ave. and 508 Meadow Lark Lane,
Town of Bay View a/k/a McMullen Bayview Sub., Blk 3, part of lots 1 & 2, and S 1/2 of
vacated street abutting N side of lots, 0.70 acres m.o.!. (R. Roy Meador, LUP93-43)
The City Attorney presented Ordinance #5741-95 for second reading and read it by
title only.
Mr. Shuford indicated he had no additional information to present. Harry Cline,
representative of the applicant, reserved the right to close in rebuttal.
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~ Breck Parker submitted a brief of appeal, a smaller site plan, etc. He objected to not
following the Snyder process for the second hearing. He felt Commissioner Justice should
recuse himself because he knows the applicant. He questioned why staff is not required to
be sworn in. He said the applicant' 5 argument that the queuing needs to be changed
because of safety concerns was expressed for the first time recently and is not a valid
argument. He said all who addressed the Commission spoke against the proposal and no
one favored it.
Jack Alvord said he did not blame the City Commission for what is happening and
suggested they had not received valid information. He said a letter from Mr. Shuford to the
Cit.y Manager was full of misinformation. He noted some Bayview houses were built in
1898. 1890, 1910, and 1925, etc.
Tom Nocera urged the City Commission to deny the rezoning request. He said he is
a frequent customer of the FINA gasoline station and bait shop but does not see how the
rezoning will improve the corner. He noted the request has caused a great deal of
divisiveness and is not good for Clearwater. He warned further legal proceeding will occur.
He expressed concern that Commissioner Justice. who has a long time relationship with
the applicant, represents the swing vote.
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Bryan Mullen said "Protect and Serve" should be the motto of all governmental
agencies. He noted Commissioner Justice's expressed concern regarding possible litigation
by Mr. Meador represents a special interest. He said Clearwater's greatest asset is its
neighborhoods and expressed concern Mr. Meador would be the only person who would
benefit from the change. He said taking this case to the State's special grand master
would be long and costly. He requested the Commission review the rules that would allow
this change.
Early Sorenson submitted copies of zoning maps covering four CPOs in Clearwater
with sites larger than four acres. He said the proposed residential buffer was only 20% of
the current one. He said the applicant reneged on his agreement to construct a block wall
to shield the neighborhood from commercial uses.
David Grice said this represents a perfect example of commercial intrusion into a
residential neighborhood. He said citizens must stand up for themselves.
ROY Meador said the rezoning would benefit Bayview by improving the entrance to
the neighborhood. He said, as far as the general public is concerned, the change will be a
great improvement. He indicated the change will not add one vehicle to Gulf-to.Bay
Boulevard or Bayview. He said the station will be cleaner and will attract fewer trucks
because diesel fuel will not be sold at the new station. Mr. Meador reported pollution will
be cleaned. He said he has tried to address neighborhood objections and noted the zoning
will only allow a gasoline station. He said without a change in zoning, he could tear down
the present gasoline station and build anything allowed in a commercial zone. He said he
gave up half the property he wanted to rezone.
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regarding the hours spent insulting her spouse. She said it is not true. She said she
admired and appreciated the hard work done by the Planning & Zoning Committee and City
Commission. She said she considered responding to letters published in the newspapers
that cast dispersions on her husband. She decided that type of response would not be
prudent and expressed admiration for those able to withstand negative rhetoric. She said
the plan is well thought out and would not impact the neighborhood. She said once the
new service station is built; the neighbors will see how much nicer the property looks and
what a benefit It will be.
The Commission recessed from 7:59 to 8:01 p.m.
Harry Cline reviewed this site's history and noted the request is to add 0.3 acres to
a 0.3 acre site. He noted public interest is not part of a zoning consideration and recited
the benefits of the change. He said the gasoline station would have a larger building but
would retain three islands. Mr. Cline said each time the applicant made concessions to the
neighbors, they requested more. He said the applicant has met all their obligations and
further concessions are not necessary. He said zoning considerations are not popularity
contests and indicated Mr. Meador is entitled to a reasonable use of his property. The
current site is too small to function as a service station. Mr. Cline said the nearby
residential property is 23 feet from Gulf~to-Bay Boulevard which is not a good location for
residential property. He said current zoning classifications are inadequate because of
development along the corridor.
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Commissioner Justice referred to the suggestion that he recuse himself and
indicated that would make him very happy. He noted he had been appointed to the City
Commission and the City Attorney has indicated he can not disqualify himself. He referred
to his relationship with Mr. Meador and reported he had taught Mr. Meador in high school
in 1948. He said tonight is the third time he has seen Mr. Meador since that time. He said
his vote did not represent any special interest.
Commissioner Thomas spoke against the issue and noted staff had indicated on the
May 19, 1994 agenda item that rezoning would infringe on the residential neighborhood to
the south. He expressed concern staff now recommends going forward with the request
although nothing has changed. He said code requires Commercial Planned Development
(CPD) to be four acres and this site is nowhere near that large. He suggested if this is
approved all zoning could be planned development to allow builders anything they wanted.
He referred to the Standards for Approval and felt the site does not meet 8 of the 11
standards. He expressed concern the domino theory will occur and noted Mr. Meador has
demolished two homes built in 1 910 and 1893.
Commissioner Thomas expressed concern Mr. Meador would not promise the lot
where his mother's house stands would remain residential because he did not want to tie
his children's hands. Commissioner Thomas agreed the change will improve the property's
appearance and said he would support the rezoning if the surrounding property was
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guaranteed to remaln residential. He expressed concern the residents do not have the
money to fight this development. He said the City Commission has failed this community
and expressed concern the City had not met two State requests to complete the necessary
studies to designate this area historical.
Commissioner Justice questioned if the 11 Standards for Approval have been met
regarding this zoning. The Mayor referred to a memorandum from Scott Shuford included
as an Exhibit with the September 7, 1995 minutes that indicates all Standards for Approval
have been met. She agreed all Standards for Approval had been met and felt approval is
appropriate. Mr. Shuford agreed staff felt all 11 Standards for Approval had been met.
The City Attorney indicated the City Commission voted 3-2 in a quasi-judicial decision that
the Standards for Approval had been met.
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Commissioner Berfield felt the CPD represented a poor planning decision and would
result in a substandard lot. She expressed concern rezoning of the remaining residential lot
would occur because no will buy the lot for a home. She said if the public benefit is of
concern, the gas pumps could be reconfigured on the current lot. She noted the tree
ordinance would protect the trees. She suggested the City could install the proposed
sidewalks. She concurred zoning is not a popularity contest but felt it should be based on
good planning. Commissioner Berfield expressed concern regarding reports that the
rezoning would cause a 400% increase in traffic. She noted the problems that have
occurred with overdevelopment on Ulmerton Road by the Clearwater/St. Petersburg
Airport. She said Mr. Meador has a reasonable use of his property now. She expressed
concern the rezoning would set a precedent.
Commissioner Johnson said he has given this situation a great deal of consideration
and believed the rezoning will enhance the intersection.
Commissioner Johnson moved to pass and adopt Ordinance #5741-95 on second
and final reading. The motion was duly seconded. and upon roll call, the vote was:
"Ayes": Johnson, Justice and Garvey
"Nays": Berfield and Thomas.
Motion carried.
ITEM #18 - ICont. from 90/951 Ord. #5742-95 - CPD Zoning for property located at 509
Bayview Ave., 508 Meadow Lark Lane, and 3009 Gulf to Bay Blvd., Town of ~ay View
a/k/a McMullen Bayview Sub., Blk 3, part of lots 1 & 2 and Bayview City Sub., Lot A, and
vacated street r-o-w between Lot A and Lots 1 & 2 of McMullen Bayview Sub., 1.02 acres
m.o.1. (R. Roy Meador, Z93-54)
The City Attorney presented Ordinance #5742-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5742-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
,
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"Ayes"~ Johnson, Justice and Garvey
"Nays": Barfield and Thomas.
Motion carried.
The Commission recessed from 8:31 to 8:47p.m.
ITEM # 19 - Ord. #5891-95 - Land Use Plan Amendment to Institutional for property located
at 1920 & 1924 Douglas Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic
Orthodox Traditional Church of America, LUP95-22)
The City Attorney presented Ordinance #5891-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5891-95 on second
and final reading. The motion was duly seconded.
Curtis Jenny noted his concern regarding additional traffic on Springtime Avenue.
He said the church has indicated they plan to make major changes on the entire property
and to increase the building area by one-third. Mr. Jenny opposed widening Springtime
Avenue to meet the church's needs.
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The Mayor noted the church will have to present a site plan that meets City code
before any construction begins. The City Manager. indicated no code requires the City to
widen the street. Mr. Shuford said the church will have to apply for and receive a
conditional use permit to operate a day care. The Mayor noted neighbors will be notified
when this application is to be addressed.
Sandra Jenny said her parents own three homes on Springtime Avenue. She
expressed concern regarding adding traffic to Springtime Avenue. Mr. Shuford said staff
preferred additional traffic from the church to be routed to Douglas Avenue.
Upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #20 - Ord. #5892-95 - PISP Zoning for property located at 1920 & 1924 Douglas
Ave., Sunset Point 2nd Addition, Blk G, Lots 26 & 27 (Hellenic Orthodox Traditional
Church of America, 295-05)
The City Attorney presented Ordinance #5892-95 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5892-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #21 ~ Ord #5893~95 - RPD Zoning for property located at 1551,1555,1559,1563,
1567 & 1571 Druid Rd., Druid Groves Sub., Blk A, Lots 1-6 & 1/2 vacated street
(Clearwater Community Hospital, 295-06)
The City Attorney presented Ordinance #5893-95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5893-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas. Johnson, Justice and Garvey
"Nays": None.
ITEM #22 - Ord. #5901-95 - land Use Plan Amendment to Commercial General for
property located at 1105 Engman St.. Greenwood Park No.2. Blk E, Lot 31 (Dorsey,
LUP95~25)
The City Attorney presented Ordinance #5901 ~95 for second reading and read it by
title only.
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David Grice questioned the location of the subject property and indicated he
opposed any future commercial development in North Greenwood until the City reviews its
impact on residential neighborhoods between North Greenwood and downtown. Mr.
Shuford said the change was recommended by a recent study.
Commissioner Thomas moved to pass and adopt Ordinance #5901-95 on second
and final reading. The motion was duly seconded and upon roll call. the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #23 - Ord. #5902-95 - CNG Zoning for property located at 1105 Engman St.,
Greenwood Park No.2. Blk E, Lot 31 (Dorsey, 295-07)
The City Attorney presented Ordinance #5902-95 for second reading and read it by
title only. Commissioner Berfield moved to pass and adopt Ordinance #5902-95 on second
and final reading. The motion was duly seconded and upon roll call. the vote was:
" Ayes": Berfield. Thomas, Johnson, Justice and Garvey
"Nays": None.
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ITEM #24 - Ord. #5906-95 - providing for Issuance of not to exceed $1,400,000 Special
Assessment Bonds, Series 1995 to pay costs related to burying of power lines &
installation of street lighting along Gulf Blvd. on Sand Key
The City Attorney presented Ordinance #5906-95 for second reading and rearl it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5906-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #25 - Ord. #5910-9Q - 1994/95 Operating budget (3rd quarter)
,\
The City Attorney presented Ordinance #591 O~95 for second reading and read it by
title only. Commissioner Justice moved to pass and adopt Ordinance #5910-95 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #26 - Ord. #5911-95 - 1994/95 CI? budget (3rd quarter)
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The City Attorney presented Ordinance #5911-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5911-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #27 - Citizens to be heard fe items not on the Agenda
David Grice read a letter from the Drew and Plaza Park neighborhoods noting the
neighborhood's success at restoring houses, reporting code violations and battling drug
activities. He noted a problem with too much commercial traffic and recommended
vacating a right-of-way to redirect Parks & Recreation Department traffic.
John Doran referred to his photograph album of dumpsters on Clearwater beach
and facetiously suggested applying for a world record for the most dumpsters per square
mile or the world's largest dumpster. .
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #28-39) - Approved as submitted less #31 which is pulled due
to a bid protest.
ITEM #28 . Renew lease with Albert L. and LindCl M. Guy for property located at 1000 Vine
Ave., Jurgen's Addition to Clearwater, Blk E, part Lot 10, used for CRT N. Greenwood
Neighborhood Office, for the period 10/01 {95 .09/30/96, with 1 one-year term option, for
$4,800 (CRT)
ITEM #29 - Amend existing contract with legal firm of Akerman. Senterfitt & Edison,
Orlando, FL, to increase counsel fees for environmental issues relating to the Manufactured
Gas Plant Site by $25,000 for a new total of $65,000 (GAS)
IIfM #30 - C.O.#s1-4 for additional work for remodeling of Gas Administration &
Operation Center buildings located at 400 N. Myrtle Ave., to Design Wise Building
Contractors, Inc., Clearwater, FL, for $34,969 for an estimated new total amount of
$197,519 (GAS)
ITEM #31 - Contract for tire service. repair & replacement to Stringer Tire Company. Inc.,
Tampa, FL, for the period 10/1/95.9/30/96 with option to renew for an additional year
upon mutual consent, at an est. labor cost of $63,410 & est. material cost of $211,590,
for a total est. $275,000 (GS) - PULLED
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ITEM #32 . Contract extension for long-term disability (L TO) insurance for employees not
covered by City's Pension Plan with CNA Insurance Companies, Orlando, FL, for the period
11/01/95 -10/31/96, at an estimated. $ 36,702 IHR}
ITEM #33 - Purchase of 1 Dee Alpha 2100/4 computer system. operating system &
pr~gramming licenses and associated peripheral components from American Data &
Computer Products, lnco; Tampa, FL, for $38,348; authorize lease purchase through City's
master lease purchase agreement (1M)
ITEM #34 - Amendment to agreement with School Board of Pinellas County, providing for
continuation of School Resource Officer program for 1995/96 school year, at Clearwater &
Countryside High Schools (PO)
ITEM #35 - Ratify/Confirm City Manager's authorization of payment for May. JUne. July.
August & September. 1995 and app(ove assignment of remainder of City' s sweeping
contract with C. P. Ward, Inc. to Sweeping Corporation of America, Inc., Nashville, TN,
beginning 05/1/95 & ending 09/30/96 under same terms and conditions (PW)
ITEM #36 - Contract to Cram Corp.. Gainesville, FL, to provide miscellaneous repairs &
upgrades to 4 five-minion-gallon ground storage (water~ tanks for the Public Works Dept.,
for $71,899 (PW)
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-.. ITEM #37 . Sovereign Submerged Lands Use Agreement '6'itb State of Florida, Board of
Trustees of Internal Improvement Trust Fund for Force Main Replacement in Clearwater
Harbor (EN)
1"1]:.M #38 - RecejptlRef~rral - LDCA - Parking Garage Regulations (LDCA 95-19) (CP)
ITEM #39 - Appoint Commissioner Justice to represent the Commission as the Canvassing
Board regarding the 10/24/95 Special Election (eLK)
The City Manager referred to Item #30 and reported when the building was
constructed in 1980, the shell was built by an outside company and staff completed the
interior. City policy then did not require permits nor inspections. She indicated that policy
has been changed.
Commissioner Barfield moved to approve the Consent Agenda as submitted, less
Item #31, and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
II.[:M #40 - Harborview interior colors & design
Consensus was to go with the suggested blue and green tropical design.
<:.) ITEM #41 - (Cont'd from 09/07/951 Clearwater Housing Authority - 1 appointment (ClK)
The Mayor nominated Terry Byrd.
Commissioner Thomas moved to appoint Terry Byrd. The motion was duly
seconded and carried unanimously.
ITEM #42 - Other Pending Matters '- None.
CITY ATTORNEY REPORTS
ITEM #43 - Resolutions
a) Res. #95-75 - Relating to a beach access and public parking on Sand Key for the Beach
Restoration Project
The City Attorney presented Resolution #95-75 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-75 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Berfield, Thomas, Johnson, Justice and Garvey
"Nays": None.
ITEM #44 - Other City Attorney Items
Commissioner Thomas moved to approve a $590,000 settlement with Fisherman's
Wharf for business damages, rental expenses, etc. The motion was duly seconded and
carried unanimously.
The City Attorney requested an attorney/client session regarding the City of
Clearwater & Sid Klein versus the Church of Scientology Flag Service Organizations, Inc. be
scheduled for October 5, 1995 at 5:00 p.m. Consensus was to so schedule.
The City Attorney reported the date previously scheduled for the Dervish Brothers'
conditional use appeal hearing is not convenient for the petitioner's attorney. Consensus
was to schedule for December 6, 1995 at 9:00 a.m.
The City Attorney requested a six month extension to the contract requirement that
she move to the City within one year. Commissioner Thomas expressed concern with the
request and felt a six month extension was too long. The City Attorney indicated she has
had no offers on her home in Tampa and stated she would agree to only one extension.
L:~'>
Commissioner Johnson moved to approve a six month extension to the City
Attorney's contract requirement that she move to the City within one year of employment.
The motion was duly seconded. Upon the vote being taken, Commissioners Barfield,
Johnson and Justice and Mayor Garvey voted "Aye"; Commissioner Thomas ,voted "Nay."
Motion carried.
ItEM #45 - City Manager Verbal Reports
Jazz Holiday EMS unit
The City Manager recommended approving the request by the Jazz Holiday for the
City to supply an EMS unit to standby the band shell during the festival.
Commissioner Thomas moved to approve supplying an EMS unit to standby the
band shell during the Jazz Holiday festival. The motion was duly seconded and carried
unanimously.
National League of Cities Conference
The City Manager reported the National League of Cities Conference will be held in
Phoenix, November 29 - December 2, 1995, and suggested one or more Commissioners
consider attending.
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~ Pension Plan
Deputy City Manager Kathy Rice said she met with representatives from the
International Association of Fire Fighters (IAFF) today regarding their objections to the
proposed Pension Plan and reported no agreement was reached. She said the City had
agreed to the IAFF request to create a paramedic position rather than it bo an assignment.
She referred to the new IAFF request to create a driver position. She advised the union the
City would not agree to that request. Ms. Rice recommended continuing with the
referendum as planned and indicated she had withdrawn the City's offer to create a
paramedic position.
The Mayor recommended not withdrawing the offer of a paramedic position.
Commissioner Thomas agreed with withdrawing the City's offer regarding the paramedic
position. He expressed concern the City already paid employees their bonuses. He
questioned if voters approve the referendum, does the City have the right to take back the
fire fighter's bonuses and start the negotiation process at square one. Ms. Rice said staff
is researching the issue and indicated management believes the City has an agreement and
contract. She said if PERC rules the contract and agreement are not valid, the City wlll
indicate they want the bonus money returned. Commissioner Thomas questioned if the
firefighters can be removed from the ballot measure. Ms. Rice indicated that was not
possible.
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Commissioner Berfield questioned the status of the scheduled raise due October 1,
1995. Ms. Rice said staff is researching that issue. She felt the contract is valid.
Commissioner Berfield questioned if the raises tor all employees will be interrupted if the
issue does not go to referendum. Ms. Rice said the City feels the other unions have acted
in good faith. If the firefighters stop the ballot, the City will ask the courts for direction.
She said more research on the subject is needed. Ms. Rice said the City's agreement with
the other unions is to take this issue to referendum.
Consensus was to not consider creating a firefighter driver position.
Tower site
Assistant City Manager Bill Baker said the City rejected all the Requests for
Proposals (RFPs) submitted for the first suggested tower site by Pier 60. He reported the
next site chosen by First Street could not be used because of restrictions based on the City
Charter. He suggested acceptable sites may include one next to the Marina seafood
restaurant on the Causeway and in the Civic Center parking lot. He said the City~owned
parking lot next to Eckerd Drugs on North Mandalay Avenue would not be acceptable
because of the requirements of the planned laser shows included in the contract. Mr.
Baker said forty laser shows are planned during the first year and will require a large area
where spectators can congregate and watch the display. Laser guns need to be placed on
tall, nearby structures. A screen will be lowered from the gondola for the show. Mr. Baker
suggested the Pier 60, Civic Center and restaurant lots lend themselves to the creation of a
laser web.
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-.-." The Mayor expressed concern regarding the pedestrian potential for the site by the
'Marina Restaurant. Mr. Baker suggested most of the towers' customers will be tourist
families visiting the beach. He presented a drawing of the marina site that demonstrated
how the tower would impact it. He indicated pedestrians would walk to the tower. He
said the site had space for the gondola, shaft and machine room. The City Manager said
another suggested site, just to the North, would cause the loss of parking spaces. She
said staff will provide a drawing of the tower's impact on the Civic Center parking lot.
Mr. Baker said no parking spaces would be lost if the tower was located at the
Marina. He reported a service station once stood on the site and some clean up may be
needed. Mayor Garvey expressed concerns not enough parking currently exists. Mr. Baker
suggested spaces in the Pier 60 parking lot could count toward the tower's needs. Mayor
Garvey noted visitors may try to park in the Marina lot. Mr. Baker said they could not find
space in the marina because the lot is already full. Commissioner Thomas said the tower
will be a pedestrian attraction and the Jolley Trolley will shuttle visitors. The City Manager
agreed a serious parking problem at the Marina currently exists. She said the tower's
impact is a different issue.
Commissioner Thomas noted parking problems exist all over the beach. He
questioned if Mr. Grogan would agree to posing a referendum question on the March 1996
ballot to locate the tower on the beach by First Street. Commissioner Thomas said the
beach is the correct site and felt the voters would not turn down a request for such a tiny
piece of land.
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t.~:(} Mr. Grogan did not think he could wait until the Spring because time is critical. He
said the tower is currentlv in Wisconsin and expressed concerns regarding extricating from
snow and ice. He said he has conscientiously tried to address all questions. He indicated
he has not followed through regarding other locations because he wants to locate the
tower here. Mr. Grogan said the preferred site would be next to Pier 60, followed by the
site by First Street and then the Marina site. He felt all three site represented good market
areas. He reported the owner of the Marina Restaurant, Bill Goodwin, violently opposes
the Marina site for the tower and indicated he would only agree to the tower if Mr. Grogan
bought his restaurant.
David Little did not think the tower would have much impact on the vista of the
beach. He said the tower consists of a steel pipe that is eight-feet in diameter and 300
feet tall. He noted the Clearwater Beach Blue Ribbon Task Force had indicated people
want additional activities on the beach. Mr. Little said he supports the tower and felt the
Marina site is probably the ideal location because the tower's impact on the beach would
be minor. He felt the tower would provide everyone with the opportunity to see how
beautiful Clearwater is.
Bill Kirbas said problems on Clearwater beach will ripple through Clearwater and
affect all residents. He said Clearwater beach businesses need help. He noted attractions
are needed because visitors need activities. Mr. Kirbas said the tower is not obtrusive and
agreed the Marina property would be a good location. He did not think residents would
approve a beach location.
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John Doran said he respects Mr. Goodwin but favors the tower. He suggested if
the Marina parking lot is already full, the tower could not make it any fuller. He agreed the
best site would be by Pier 60 but agreed residents would not approve a referendum to
allow that. He said the taxpayers and Mr. Grogan will make a great deal of money on the
tower and it will be good for tourism. He noted the tower is not the single answer to help
the beach. He felt pedestrians would not be attracted to the Civic Center parking lot
because they would have to cross too much traffic. He said the farther the tower is away
from the beach, the less attractive it will be to tourists. He felt the Marina site represented
the most viable option.
Charles Pollick, representative of the Clearwater Beaches and Tourism Council,
expressed concern plans to construct the tower on the beach had fallen through the
cracks. He said he still supports the tower and noted the Marina parking lot is full at 8:00
a.m. He suggested the parking problem at the Marina may need to be addressed. He said
pedestrians in the area are looking for something to do. He noted the tower represents
only one idea and will not solve all the problems. He said the project represents a financial
return to the City from private investment.
Jay Keyes said many complain there is nothing to do on Clearwater beach after dark
unless it is related to alcohol. He said the beach needs more activities that do not involve
alcohol. He supported locating the tower on Marina property.
The City Manager noted zoning problems related to each considered site would
t...;() require many variances. She suggested the best way to handle the issue would be to form
the City's smallest CPO zoning that includes a complete package for the City Commission
to consider and decide.
Commissioner Justice questioned why the Eckerd site would not be good for laser
shows. Mr. Baker said the preferred site would be near taller buildings where laser guns
can be placed to create a wide laser web. He said if the show is a success, people will
gather around the tower. He said buildings near the Eckerd site would block the view of
spectators and limit the show's special effects. Mr. Grogan said sponsors were unwilling
to support shows in that location. Mr. Baker suggested if the tower is placed on the
Marina site, spectators would not be in the street. Commissioner Justice expressed
concern the intersection by the proposed site is too congested. Mr. Grogan said no
problems have occurred at the intersection next to its current location in Wisconsin. In
answer to a question, Mr. Grogan said the tower is 335 feet tall. The producer will decide
the screen's location on the tower for the laser show.
Commissioner Thomas moved to direct staff to negotiate a lease with Mr. Grogan to
place the tower at the Marina site. Motion died for lack of a second.
Commissioner Justice moved to direct staff to negotiate a lease with Mr. Grogan to
place the tower at the Eckerd site in the City-owned Mandalay Avenue parking lot. The
motion was duly seconded.
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Commissioner Berfield noted the Civic Center site had not been addressed.
The Commission recessed from 10: 16 to 10:26 p.m.
Commissioner Justice withdrew his motion. The seconder agreed to withdraw.
Commissioner Berfleld said it was a positive that the Jolley Trolley unloads at the
Civic Center site and the tourist office is located there. Mr. Baker said extra crosswalks
could be installed. Commissioner Berfield suggested lights could be installed on Mandalay
to help pedestrians and control traffic. City Engineer Rich Baier said pedestrian and
vehicular traffic could be handled by different methods.
Mr. Grogan urged the City Commission to reconsider the Marina site. He said the
gondola holds 64 passenger and has a turnaround time of six to nine minutes. He said the
Marina spot would have the greatest economic return. He indicated the Civic Center site is
acceptable but requested readdressing the agreement should that site be selected.
Commissioner Johnson moved to direct staff to consider the Civic Center parking lot
as a location for the tower. The motion was duly seconded.
The City Attorney reported staff has not done all due diligence regarding the Civic
Center parking lot site. Staff will negotiate a lease while the site is being reviewed.
, "_I"} Upon the vote being taken, Commissioners Serfield, Thomas, Johnson and Justice
I.~,<;~< voted" Aye"; Mayor Garvey voted "Nay." Motion carried.
Special Beach Meeting re Pier 60 Concessions
The City Manager reported the Special Meeting scheduled for September 28, 1995
at 9:00 a.m. regarding the concession stand at Pier 60 will be held at the Clearwater Beach
Recreation Center.
ITEM #46 - Other Commission Action
Commissioner Berfield referred to Quality Cities Magazine and the awards for the
CommUnity campaign listed on page 7. She said the awards' committee should be advised
regarding Clearwater's participation.
Commissioner Berfield questioned when the C-View Task Force would be formed.
The City Manager suggested the C-View Task Force differs from other boards. She
indicated the task force will require technical expertise and suggested permitting the City
Manager to appoint technical members and the City Commission to appoint the rest. She
recommended the Task Force be limited to 18 months, followed by a reevaluation. The
issue will be discussed at the October 2, 1995 Work Session.
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Commissioner Berfield requested an update regarding the background check on Mr.
Katz who had proposed to build the Sandcastle on the beach in 1996. The City Manager
said this is the first issue the ten department directors working on the Sandcastle will
address. Commissioner Johnson expressed concern negotiations should stop as early as
possible. Commissioner Thomas said jf the facts arB correct, the City should not do
business with Mr. Katz until all judgments against him are clear.
Commissioner Thomas moved for staff to cease all negotiations with Mr. Katz if the
information regarding financial judgments against him is true. The motion was duly
seconded.
The City Manager said the agreement would be structured with many stop/go
points. Commissioner Thomas said he did not want any more time wasted until this issue
has been cleared up. The City Attorney said the City can verify the record. Commissioner
Johnson noted information gathered by the Police Department indicated some judgments
against Mr. Katz had not been satisfied. He expressed concern regarding Mr. Katz's claim
he was unaware of some of the judgments. Commissioner Johnson recommended
stopping negotiations immediately. Commissioner Thomas said his motion will stop further
negotiations unless all of these matters are cleared. Commissioner Serfield suggested
giving Mr. Katz an opportunity to defend himself.
Upon the vote being taken, the motion carried unanimously.
Commissioner Thomas referred to the cover of Quality City Magazine and cited it as
ti~~~ a good example of tall buildings surrounded by park land he would like to see downtown.
Mavor Garvev reported her meeting with Mayor Jorge Rocha Trejo from Ixmiquiltan,
Mexico and presented wall hangings he had sent to the Commissioners.
Mavor Garvev announced C-View will move from channel 35 to channel 15. The
City Manager indicated the change will occur between October and January.
Mavor Garvev invited volunteers and residents to participate in the Sparkle Days
Clearwater Beach Cleanup Program planned on the beach from September 25 through
September 30, 1995.
ITEM #47 - Adjournment
The meeting adjourned at 10:44 p.m.
ATT~ST: ~~
City Clerk
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NAMP~ry' COU{!t;;;;?m;QAjTY. OR COMMIT-IH
lllE nOARIJ, COUNCIL. COM MISSION, AU r1tORITY OR COMMITrEE ON
WIIlCIlI SERVE IS A UNIT OF:
V crrY 0 COUNTY 0 ollm~ I.DCAI. AGENCY
NAME 01' 1'OI.mCAI. SUUIJIVISION:
DATE O~IIICII VOlE OCcURRHl
...;J e - Eft
MY POSITION IS:
EI.ECTlVE 0 APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or uther local level of government on an appointed or elected board,
council, commission, authority, or commiltee. II applies equally 10 members of advisory and non-advisory bodies who are presented
with a voting connict of interest under Section 112.3143, Florida Stalutes.
Your responsibilities under the taw when fac'ed with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an e1eclive or appointive position. For lhis reason, please pay close allention to the instructions on this form
before completing the reverse side and filing the form. '
i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
I. ~,~ person holding elective or appointive county, municipal, or other local public office M UST ABSTAIN from voting on a measure
which inures to his special prh'ate gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent
organi:zation or subsidiary of a corporate principal by which he is rctained)~ to the special private gain of a relative~ or to the special
. private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a onc-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son. daughler, husband, wife, father-in-law, mother.in-
law, son-in-law, and daughter-in-law. A "business associale" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corpOr3tio" are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly staling to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFrER THE VOTE OCCURS by completing and filing this form wilh the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes. .
APPOINTED OFFICERS:
Although you ,must abstain from voting in the Silu~llions described above, you otherwise may panicipate in these matters, However,
you must disclose the nature of the connict before making any altempt to inOuence the decision, whelher orally or in writing llnd
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY AlTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
.' . ~ .
You must complete and file this form (before making any attempt to innuence the decision) with the person responsible for
I .__/ rec~rding the minutes of ~he meeting, who wilt incorporate the form in the minul~s. '. . . :.
. A copy of the form must be provided immediately to the other members of the agency. . "
, . ,The (orm must be read publicly at the next meeling after the form is filed.
CE FORM 88. Io.-JI
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IFYOU MAKE NO AITEMPTTO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT TilE MEETING:
. You must disclose orally the nature of your connict in tho: me.'l~urc before participating.
,'V.-..... You must complete the form and file it within IS days after the VOle OCCllrs wilh the person responsible for recording the minule
the mceting, who must incorporate the form in the minutes. A copy of the (arm mllst be provided immedintety to the 0\11..&
members of the agency. and the form must be read publicly at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, F('.u;/ .4 ~J}(J(}?4S 1 hereby disclose thaI on 0~~&.er- b2. /
I 19 7s-:.
(n) A measure came or will come before my agency which (check one)
~ inun'd to my special private gain;
_ inun.:d to the special gain of my business associate,
_ inured to the special gain of my relative,
_ inured to the special gain of
whom 1 am retained; or
_ inured to the special gain of
is the parent organizntion or subsidiary of a principal which has retnined me.
(b) The measure before my agency and the nnlure of my conflicting interest in the measure is as follows:
. by
, which
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'--.JNOTlCE: UNDER PROVISIONS OF FLORIDA STATUTES ~IJ2.317 (1991), A FAILURE TO MAKE ANY REQU )
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM IOn - \G.91
,. PAGE.