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PLANNING & ZONING BOARD MEETING * ACTION AGENDA
Tuesday, January 20, 1998
Call To Order, Invocation, Pledge Of Allegiance
Minutes Approval * January 6. 1998 - Continued to next meeting
B. Requests for Extension, Deferred and Continued Items
B1. (Cant. from 1/6/981 (2ntl request for extension) Lima Lake. Inc. (Yacht Basin
Apartments) to permit marina (20 slips) at 501 Mandalay Ave., Yacht Basin Sub, Lots
1-9, zoned RM 24 (Multi Family Residential) and P (Preservation). CU 97-09
ACTION: Approved one year time extension to February 4, 1999, subject to the
original four conditions, with an amendment to #1, as follows: 1) The applicant shall
obtain the requisite bUilding permit, certificate of occupancy and occupational license
within six months one vear from the date of this pubfic hearing; 2) All site lighting shall be
directed downward and away from adjoining residential properties and street rights-of-way
prior to issuance of the requisite occupational license; 3) All boat slips shall be for the
exclusive use of Yacht Basin Apartments tenants' only; and 4) No boat slip rental or other
commercial activity shall be permitted in the marina.
C. Conditional Uses
C1. Wellford Corooration (Munchees, Inc.) to permit package sales of beer and wine
(change of business ownership) at 1801 Sunset Point Rd., Pinellas Groves (SW ~),
part of Lot 8, zoned CN (Neighborhood Commercial). CU 98-03
ACTION: Approved subject to the following conditions: 1) The requisite certificate of
occupancy and occupational license shall be, obtained within 1 year of the public hearing
date, and 2) The 'hours of operation shall be limited to 5 a.m. until 11 p.m., Monday
through Sunday.
C2. Woodlawn Church of God to permit child day care at 845 Woodlawn St., Belmont 2nd
Addition, Blk C, Lots 1-10 & 45-52, zoned P/SP (Public/Semi Public). CU 98-04
ACTION: Appl'oved subject to the following conditions: 1) A permit for the fence
around the playground shall be obtained within 6 months of the date of this public hearing;
and 2) Landscaping shall be maintained along the south side of the play area to buffer the
nearby residential uses.
C3. Security Capital Industrial Ltd Partnership III to permit manufacturing at 704 Laura St.,
Gould & Ewing's 2nd Additionr Blk 15, Lots 12 & 13, zoned UClC] (Urban Center
Core). CU 98-05
ACTION: Approved subject to the follOWing conditions: 1) The requisite building
permit within six months of the date of this public hearing; and 2) The requisite certificate
of occupancy and occupational license shall be obtained within one year of the date of this
public hearing.
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D. " "Annexation,' Zoning,' Land Use Plan Amendment, Land Development Code Text
Amendment, and Local Planning Agency Review
01. Ordinance 6231-98 :.... An ordinance of the City of Clearwater, Florida, amending the
Zoning Atlas of the City by rezoning certain property located on the south corner of
Druid Road and west of Missouri Avenue, approximately 640 feet north of lakevlew
Road, and east of Greenwood Avenue, consisting of Section 15-29-15, M&B 34.01
and Section 22-29-15, M&B 21.01 and 21.02, whose post office address is 1200
South Missouri Avenue, from Commercial Center (CC and Multiple-Family Residential
"Twenty Eight" (RM-28) To Master Planned Development (MPD)~ providing an effective
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ACTION: . Endorsed to the City Commission
Board and Staff Comments ~- Discussion
'. Adjournment' - 4:43 p.m.
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PLANNING AND ZONING BOARD
CITY OF CLEARWATER
January 20, 1998
Present:
Douglas Hilkert
Gerald Figurski
Edward Mazur
Robert D. Bickerstaffe
Brenda Harris Nixon
Frank Kunnen
Vacant Seat
Leslie Dougall-Sides
Sandy Glatthorn
Gwen legters
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Assistant City Attorney
Planning Manager
Board Reporter
The meeting was called to order at 2;00 p.m. in City HaU, followed by the Invocation,
Pledge of Allegiance, meeting procedures and the appeal process.
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
Minutes Approval - January 6, 1998
This item was continued to allow members time to receive and review the minutes.
((~I:) B. Requests for Extension, Deferred and Continued Items
B1. (Cont. from 1/6/98) (2nd request for extension) Lima' Lake. Inc. (Yacht Basin
Apartments) to permit marina (20 slips) at 501 Mandalay Ave., Yacht Basin Sub, lots
1-9, zoned RM 24 (Multi Family Residential) and P (Preservation). CU 97-09
Andrew Nicholson, engineer representing the applicant, requested a time extension due
to delays processing state and county permits. Staff recommended a one year extension.
No verbal or written support or opposition was expressed.
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Member Mazur moved to approve a one year time extension to February 4, 1999,
subject to the original four conditions, with an amendment to #1, as follows: 1) The
applicant shall obtain the requisite building permitr certificate of occupancy and
occupational license within Gin months one vear from the date of this public hearing; 2) All
site lighting shall be directed downward and away from adjoining residential properties and
street rights-of~way prior to issuance of the requisite occupational license; 3) All boat slips
shall be for the exclusive use of Yacht Basin Apartments tenants only; and 4) No boat slip
rental or other commercial activity shall be permitted in the marina. The motion was duly
seconded and carried unanimously.
C. Conditional Uses
C1. Well ford CorDoratlon (Munchees, Inc.) to permit package sales of beer and wine
(change of business ownership) at 1801 Sunset Point Road, Pinellas Groves (SW %),
part of Lot 8, zoned CN (Neighborhood Commercial). CU 98-03
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Ms. G1atthorn presented written background, staff recommendationsr zoning, and
proposed hours of operation. As tho request appears compatible with surrounding uses,
staff recommended approval with two conditions.
Applicant Mah'd A. Msawel restated his request for beer and wine package sales. In
response to questions, he said the business is located next door to Queen's Pizza, and he
does sell gasoline. No verbal or written support or opposition was expressed. One member
expressed hIs standing objection to alcoholic beverage sales where gasoline is sold.
Member Figurski moved to approve Item C1, CU 98-03, subject to the following
conditions: 1) The requisite certificate of occupancy and occupational license shall be
obtained within 1 year of the public hearing date, and 2) The hours of operation shall be
limited to 5 a.m. until 11 p.m., Monday through Sunday. Members Hilkert, Figurski,
Bickerstaffe, Nixon, and Kunnen voted IlAye;" Member Mazur voted UNay." Motion carried.
C2. Woodlawn Church of God to permit child day care at 845 Woodlawn St., Belmont 2nd
Addition, Blk C, Lots 1-10 & 45-52, zoned P/SP (Public/Semi Public). CU 98.04
Ms. Glatthorn presented background information and written staff recommendations,
stating an existing church is requesting a conditional use to allow day care in an existing
structure as an accessory church use. Adequate vehicle drop-off and playground areas
exist on the property. As the request appears to be compatible with surrounding uses,
staff recommended approval with two conditions.
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Pastor Randy Morris stated the church has the necessary facilities for the proposed
preschool. Originally licensed for 15 childrenr he estimated the occupancy will grow to 63.
In addition to providing an economic benefit to working families, the preschool is important
to minister to their physical, emotionalr intellectual and spiritual needs. He related church
expansion history since the mid-1950's. He has been pastor for 13 years and will continue
seeking to be a service, not a detriment to the neighborhood.
Pastor Morris responded to questions regarding the hours and number of church
services each week, how he plans to address the peace and quiet issue, landscaping,
fencing, configuration of the property to shield the children, noise buffering, playground
supervision ratios and traffic impact. ' It was indicated traffic flow will be evaluated to
determine whether the proposal will have any net traffic impact. Discussion ensued
, regarding ownership, occupancy, and use of surrounding properties. Discussion continued
regarding timing and duration of outdoor activities. Pastor Morris pointed out both lots on
the south side of the playground area are owned and used by the church. He' stressed he
'does not want to jeopardize his good relationship with the neighbors and did not feel the
proposal will do that.
No verbal or written support was expressed. Three nearby residents and one
interested citizen spoke in opposition to the request, citing concerns regarding severe
parking problems, exposing children to existing adverse neighborhood conditions, presence
of other day care facilities in the vicinity, traffic speed and congestion on the busy
neighborhood streets, insufficient notice of public hearing, lack of cooperation and
communication with neighbors regarding church construction and dirt blowing from the
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church parking lot Into a neighbor's pool and home, the number of requests the City has
approved for church rezoning and expansion, and a flyer advertising the church is accepting
preschool registration applications before receiving conditional use approval. Church
pursuit of an off site parking lot was encouraged. One phone call and one letter with a total
of four signatures were received in opposition to the request.
Pastor Morris stated he has devoted his life to doing the right thing. He was surprised
to opposition from two of today's speakers who had indicated to him they did not oppose
the request. He said the preschool registration was subject to county approval. He has
always raised the banner of neighborhood cooperation. He has been trying to correct the
dusty parking lot issue. He did not realize work on a recent minor renovation, done by one
church member and a helper, needed to be discussed with neighbors. He agreed parking is
a problem. Signs have been posted restricting parking to one side of the street and four
parking ushers direct traffic. People do not seem to want to park in the remote spaces. He
did not feel weekday child care traffic can be compared to Sunday morning. He responded
to questions regarding day care traffic ingress and egress. As some families will have more
than one child in preschool, and some will walk to the facility, he did not feel it was likely
to have more than 50 cars per day, arriving over a two hour time span.
A question was raised whether the pastor would agree to limiting the operation to 15
or 20 children at first. Pastor Morris responded child care is a serious financial drain on
church resources. Capping enrollment at 15 students would not allow the preschool to
sustain itself and pay its bills. Allowing for natural growth to the maximum 63 students
would enable the facility to pay for itself eventually. He expects the congregation to
double in the future. One member observed the church will need to make arrangements for
more land when that happens. Pastor Morris responded to questions regarding total church
membership, normal Sunday attendance, number of vehicles involved, and total number of
existing parking spaces. In response to questions, Ms. Glatthorn said additional parking is
not required for the proposal. As the day care is conducted in existing buildings, it is
considered an accessory use. The church has met all requirements, or obtained variances.
Staff's opinion regarding impact on surrounding streets was that City Traffic Engineering
had no comment.
Board members expressed the following concerns: 1) churches are normally quiet, but
problems arise when they grow to the point they are no longer compatible with residential
neighborhoods; 2) day care facilities are not' compatible with residential neighborhoods
because their noise can be heard from great distances; 3) fewer students would be
preferable because adding 63 students would have significant impacts; and 4) traffic
impacts are difficult to determine without a study. Some members praised churches as
quiet, welcome additions to neighborhoods. Occasional traffic and noise are parts of
community life. No evidence was submitted that 60 cars arriving at one time would have a
major impact.
Member Nixon moved to deny Item C2, CU 98-04. There was no second.
Discussion ensued regarding whether, in the absence of substantial competent
evidence from neighbors opposing an application, board members should base their
decisions on staff's professional recommendation, or whether members should use
mpz01b98
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common sense to decide if a proposal is good for the community based on board
experience, observation, code familiarity, and neighbors' testimony.
Member Figurski moved to approve Item C2, CU 98-04, subject to the following
conditions: 1) A permit for the fence around the playground shall be obtained within 6
months of the date of this public hearing; and 2) Landscaping shall be maintained along the
south side of the play area to buffer the nearby residential uses.
Member Bickerstaffe moved to amend the motion, adding a condition requiring a six-
month trial period review. There was no second.
Member Kunnen moved to amend the motion, adding a condition restricting the
applicant to 20 students initially. There was no second.
Upon the vote being taken, Members Hilkert, Figurski, Mazur, and Kunnen voted "Aye;"
Members Bickerstaffe and Nixon voted "Nay." Motion carried.
C3. Security Capital Industrial Ltd Partnership III to permit manufacturing at 704 laura St.,
Gould & Ewing's 2nd Addition, Blk 15, Lots 12 & 13, zoned UC[C] (Urban Center
Core). CU 98-05
Ms. Glatthorn presented written background information, staff recommendations,
parking and signage requirements. The applicant proposes to establish a custom, "one of a
kind" furniture manufacturing business, employing a maximum of four people. As the
request appears to be compatible with surrounding uses, staff recommended approval with
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Applicant Linda Vanderwende stated every piece of furniture is custom designed by
computer and autocad, and fabricated on site. No toxic materials and no retail sales are
involved. She did not understand the need for a building permit to dismantle partitions in
an existing building. Brief discussion ensued regarding building and signage permit
requirements. It was indicated signage may be subject to Design Review Board
consideration if the property is within the applicable section of downtown.
No verbal or written support or opposition was expressed.
Member Bickerstaffe moved to approve Item C3, CU 98-05, subject to the following
conditions: 1) The requisite building permit within six months of the date of this public
hearing; and 2) The requisite certificate of occupancy and occupational license shall be
obtained within one year of the date of this public hearing. The motion was duly seconded
and carried unanimously.
O. Annexation, Zoning, land Use Plan Amendment, land Development Code Text
Amendment, and local Planning Agency Review
01. Ordinance 6231-98 - An ordinance of the City of Clearwater, Florida, amending the
Zoning Atlas of the City by rezoning certain property located on the south corner of
Druid Road and west of Missouri Avenue, approximately 640 feet north of Lakeview
Road, and east of Greenwood Avenue, consisting of Section 15-29-15, M&B 34.01
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Member Mazur declared a conflict of interest with regard to this item.
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and Section 22829.15, M&B 21.01 and 21.02, whose post office address is 1200
South Missouri Avenue, from Commercial Center (CC and Multiple-Family Residential
"Twenty Eight" (RM-28) To Master Planned Development (MPD); providing an effective
date.
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Ms. Glatthorn presented background information and zoning requirements for the
proposal to redevelop the Sunshine Mall property with apartment buildings, commercial,
and residential uses. In response to questions, she said the City Clerk Department felt it
was necessary to present the ordinance in this manner for advertising purposes. The
proposed rezoning to Master Planned Development will involve no land use plan
amendment. It will provide an alternative method of land development to accommodate a
comprehensively planned and phased development project. She reviewed concept plan
requirements, apartment building layout, perimeter landscaping, driveway access, and
infrastructure improvements for the 35.4 acre site. She detailed site plan certification
requirements, density, floor area ratios, traffic impact issues, drainage needs, and
consistency with surroundings. As the request appears to support standards for approval,
staff recommended endorsement.
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Assistant City Manager Rick Hedrick expressed the City's support and excitement
regarding the positive potential of this general concept plan for luxury apartments and
elderly housing. City staff has met with developer's representatives to ensure the
buildings, construction materials, and site configuration present a high quality, aesthetic
appearance to be a true community asset. This type of project is in line with City Manager
Roberto's goal ,of "raising the bar,r with respect to development quality.
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Board members were happy to hear the City administration's endorsement. Discussion
ensued regarding the need for a dense perimeter landscaping buffer between residential and
commercial areas, architectural appearance, and good construction methods. It was
emphasized both projects will be retained, owned and managed by the developers.
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Ed Armstrong, attorney representing the applicants, listed existing commercial
busi'nesses that will remain along Missouri Avenue. He said the proposed density is about
half the maximum allowed by code. Developers ,will adhere to the more stringent
landscaping requirements proposed in the new land Development Code, and will go beyond
code to ensure board and staff are comfortable with the project's quality.
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Scott Culp, representing CeD Construction, Orlando, proposed developer of the elderly
housing component, highlighted the company's experience, reputation, and history of
remaining to manage the properties they build. He displayed two color renderings of the
site and front elevation, stating he will follow up on staff's comments to ensure perimeter
landscaping is more than adequate to buffer the adjacent residential properties to the west.
The developer creates gated communities with restricted access and TV monitoring to give
elderly residents a sense of privacy. Referring to aesthetics depicted in the elevation
study, he said 408 residential units are proposed to be developed over five years. Each
residence will be a full-sized dwelling unit containing from one to three bedrooms, a full
kitchen, access from common interior corridors, and luxury amenities in the common areas.
In response to questions, Mr. Culp said the elderly component is for residents 62 years and
mpz01b98 5 01120/98
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older. All units are for rental; none will be sold. A price range study has not been done,
but the rate wlll be less than for assisted living facilities. Neither meals nor a common
dining room are provided as the community is strictly for independent apartment living.
Discussion ensued regarding site plan details, proposed building heights, detention, and
interior site landscaping to be shown on the final plan.
Richard Harris, engineer with Florida Design Consultants, representing International
Realty, Inc., San Antonio, stated he is designing the luxury apartment project on the 8.33
acre parcel #6. Typically two or three stories, the buildings are Mediterranean architectural
style. . In response to questions, he said the units will have hydronic water heating, a
monitoring system to measure how much water each unit uses and what it costs. He said
the City Manager shared the board's concern that it is not clear on the plan where green
space and parking are planned. The applicants must come back with a detailed landscaping
plan, showing in great detail what is proposed to separate commercial from residential
properties. Discussion ensued regarding the remaining commercial uses on the outparcels,
floor area ratio, landscaping, density, parcel ownership, maximum building heights, traffic
circulation and stacking distance at gated entrances to avoid traffic backing up into the
street.
No verbal or written support or opposition was expressed.
Member Kunnen moved to endorse Item 01, Ordinance 6231-98 to the City,
Commission. Members Hilkert, Figurski, Bickerstaffe, Nixon. and Kunnen. voted "Aye;"
Member Mazur abstained.
'.
Board and Staff Comments
Chair Hilkert stated Rick Anderson has been appointed to the Planning and Zoning
Board vacancy and will attend the February 17 meeting as the February 3 meeting was
canceled. Mr. Hilkert requested staff to contact Mr. Anderson regarding the need to take
the oath of office prior to the meeting. He requested City Clerk Department staff to
administer the oath in Chambers before the meeting is called to order.
Mr. Hilkert recognized Boy Scout Pack 455 in the audience, accompanied by Mayor
Garvey. He invited each scout to introduce himself to the viewing audience.
Mr. Hilkert raised a question for discussion during review of the board's rules. He felt
the time frame for reconsiderations should be extended to the next regular meeting. He
realized upon viewing a replay of the recent Carlisle case that he had not included the
agreed-upon time frame for construction of the fence when restating the motion. Under
the current rules, reconsideration of that condition cannot occur without readvertising and
rehearing the case. Discussion ensued comparing Planning and Zoning Board rules to
Robert's Rules of Order. It was indicated the board may change the minutes by majority
vote. Staff was asked to research the tape to determine whether how the final motion
was stated.
mpz01b98
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In response to a question from Member Nixon, Ms. Glatthorn said interim Director Tony
Shoemaker had decided a Central Permittingl Planning and Zoning Board workshop was not
needed. Another workshop can be scheduled, if needed.
The meeting adjourned at 4:43 p.m.
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Member Mazur expressed concern regarding conduct of meetings when cross
examination' occurs. Secondly, he questioned whether the board must rule solely on
testimony presented during the hearing, in order to be appeal-proof, or whether board
members may form their decision's based upon personal knowledge, common sense, and
personal judgment In interpreting whether or not an application is appropriate for a
neighborhood. He did not cast his vote based on incompatibility of today's preschool
request because witnesses did not bring it up during the public portion of the meeting. If
the situation had been reversed, he might have voted against the day care and the request
would have been denied. Ms. Dougall-Sides responded board members are not required to
leave their common sense outside the room during public hearings.
Member Nixon commented compatibility issues are within the board's purview,
according to code. She stressed the board exists to protect citizens from impacts of which
the public may not be aware.
Member Kunnen questioned whether staff's professional recommendation should
prevail when an issue does not appear to have been addressed. He observed a "no
comment" from the Traffic Engineer does not mean the issue was studied.
Member Hilkert stated members are not obligated to explain their positions. In the
above referenced day care case, he understood Member Figurski was explaining why he
was making the motion. Mr. Hilkert usually favors development, but public opinion is a
valid consideration that sometimes pushes the pendulum toward the negative.
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Member Bickerstaffe stated it is important to understand that for applicants can
address neighbors concerns without having their applications denied. That was his reason
for recommending a :trial period.
Adjournment
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Planning and Zoning Board
Attest:
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Board Reporter , '
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01/20/98
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
lAST NAME- I-IRST NAME -MIDDLE NAME NAME OF BOARD. COUNCI ,COMMISSION. AUT ORIf'Y, OR OMMIl.EE
t2. r?h'...J l' lc ~ z., j \ a;~
THE BOARD, COUNCil. 0 MISSION, AUTI RITY OR COMMJn EE ON
~ .....HICU I SEll. VE IS A UNIT OF:
4 0 COUr.-rV 0 OTIlER LOCAl. AGENCY
(.") . fOUNTY
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112,3143, FLORIDA STATUTES
, ("~J,:\l~ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voling on a measure
';;,..1-' which inures to his special private gain. Each elected or appoin led 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
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative: or to the special
private gain of a business associate. Commissioners of communily redevelopment agencies under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one-acre, one-vOle basis are not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father.inwlaw, mother-in-
law, son-in-law, and daughler-in-law. A "business associate" 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
corporation are not listed on any naliona] or regional slock exchange).
C ElEClIVE
WHO MUST FILE FORM 8B
D-I, l?-l' ':t;:- I (z
This form is for use by any person serving at the county, city, or other local level of government on an appointed or eleclcd board,
council, commission, authority, or commillcc. Il applies equally to members of advisory and non-advisory bodies who are presented
with a vOling connicl of inlercst under Section 112.3143, Florida Statutes.
Your responsibilities under Ihe law when faced with a measure in which you have a connict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
ELECTED OFFICERS:
In addition to abstaining from vOling in the siluations described above, you must disclose the connict:
PRIOR TO THE VOTE BEING TAKEN by publicly Slating to the assembly the nature of your interest in the measure on
which you are abstaining from voting: and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in Ihe minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
)'ou must disclose the nature of the connict before making any attempt to inOuence the decision, whether orally or in writing and
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
recording the minutes of the meeting, who wlll incorporate the form in the minules.
. 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 after the form is filed.
CE FORM 88.10.91
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