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CITY COMMISSION MEETING
CITY-QF CLEI-\RWATER
January 20t 2000
,
, Present:
. ~rian J. Aungst
, 'Ed Hooper
J. B. Johnson
Robert Clark
Ed Hart
Mayor/Commissioner
Vice-Mayor/Commissioner,
Commissioner
Commissioner
Commissioner
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Also present: Michael ,J. Roberto
Bill Horne
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
,Patricia Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
. 'The Mayor called the meeting to order at 6:00p.m. at City Hall. Commissioner Hart
offered the invocatio'n. The Mayor led the Pledge of Allegiance.
To provide continuity for research. items are in agenda order although not necessarJly
discussed in that order.
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ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
Th'e City Manager presented a Clearwater Beach entryway plaque to Sheila Cole of
the Clearwater Beach Chamber of Commerce.
The Mayor displayed the plaque and reported Places Rated Almanac had rated the
Tampa Bay area as the 4\h best place 'to live in the United States.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
December 9t 1999t 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 Aaenda
Rov Cadwell hoped Commissioners accomplish their goals in 2000. He felt the City
should not charge residents for sewer and waste removal services when they are out of
town.
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Thomas Recanto said the Curtis Street subdivision is interested in annexation but
found it too expensi~e. Staff to provide analysis.
John Pimenidis p~esented a petition opposing a truck route along East Shore Drive.
David Sinsere and Robert Minton, of the Lisa McPherson Trust, requested fair
treatment from the City and expressed concern staff not interfere with their plans to
oppose Scientology. '
Jack Alvord requested public hearings re code changes and asked that they address
the project proposed next to Bayview. He questioned the source for a statement that
septic tanks pollute.
Paul Gibson complimented the Commission and City Manager regarding
redevelopment and infrastructure improvements. He said Scientologists are a positive force
I Downtown.
John Cabias opposed actions by the Lisa McPherson Trust.
, Clarence Davies. Donald Dillan. Bob Scheffler, and Scott Freeman spoke in support
of retaining the Clearwater Golf Park.
PUBLIC HEARINGS
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ITEM #8 - Public Hearino & First Readino Ords. #6485-00. #6486-00 & #6487-00 .
Annexation, Land Use Plan Amendment to Reside~tial Low & LMDR Zoning, 1735 West
Manor Ave., Clearwater Manor, Lot 39 INabil & Nadia Youssef, A99-21 HPLD)
The applicant has requested annexation to receive City water and sewer service.
The property at 1735 West Manor Avenue will have a Land Use Plan designation of
Residential Low and zoning of Low Medium Density Residential (LMDR). The Community
Development Board unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan
Amendment to Residential Low and Zoning Atlas Amendment to Low Medium Density
Residential ILMDR) for Lot 39 Clearwater Manor in Section 6-29S-16E. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance #6485-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6485-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
'~Ayes":Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
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~ The City Attorney presented Ordina,nce #6486-00 for first reading and read it by
f;:!,\J title only. Commissioner Hooper moved to' pass Ordinance #6486-00 on first reading. The
motion was duly seconded and upon roll cell, the vote was: '
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
'.'Nays": None~ '
, The City Attorney presented Ordinance #6487-00 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6487-00 on first reading. The
motion. was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
'''Nays'': None.
ITEM #9 - Public Hearing - Annexation, land Use Plan Amendment to Residential/Office
limited & Office Zoning for property located at 3150 McMullen Booth Rd., Sec. 21-28-16,
~&B 23.10 (Robert & Nancy Hurst, A99-20HPLD)
Staff requested this item be continued.
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Commissioner Johnson moved to continue Item #9 to Febr'uary 3, 2000. The
motion was duly seconded and carried unanimously.
ITEM # 10 - Public HearinQ - Res. #00-12 - Approving Development Agreement with
Mandalay Beach Club, Ltd. (JMC Communities AKA Cheezum Development) IPLD)
The subject 1.63-acre site is a priority candidate for redevelop~ent/revitalization on
Clearwater beach. The 2-Phase redevelopment plan has 157 dwelling units in two 145-
foot towers. On December 14, 1999, the COB (Community Development Board) approved
applications for flexible development approval and TOR (Transfer of Development Rights)
and recommended vacating the North Gulfview Boulevard right-of-way.
The Development Agreement outlines specific City and developer obligation~
designed to improve the area's character and promote private sector development. City
,obligations include: 1) expand to at least 10 feet the sidewalks on North Mandalay
Avenue's west side; 2) install street trees and landscape N. Mandalay Avenue median
consistent with Roundabout landscaping; 3) relocate overhead utility lines along N.
, Mandalay, Papaya Street, and San Marco Avenue; 4) repave and construct cul-de-sacs at
western ends of Papaya Street and San Marco Avenue; 5) cooperate to modify previous
settlement agreement to increase development height from 80 to 145 feet; 6~ TOR to
permit up to 157 dwelling units on site in exchange for an equal number of rights to be
transferred from applicant's Meridian property on Sand Key; 7) assist in
remodeling/redeveloping or acquiring commercial parcels in Phase 3 on west side of N.
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Mandalay Avenue upon developer's request; 8) consider vacation of N. Gulfview Boulev'ard'
between San Marco and Papaya; 'and 9) process permits for on-site sales office (completel.
The proposal complies with the standards for development agreement and is consistent
with beach re~evelopment strategies.
,On .January 19, 2000, the CDS recommended approval of the development
agreement. The City Commission will determine if the development agreement is
consistent with and furthers the goals, policies and objectives of the Comprehensive Plan.
Senior Planner Ralph Stone estimated revenues to the City associated with the
project will be $300,000 annually. In response to a question, he reviewed the TDR from
Sand Key to the City parking 'lot, within one mile of the Meridian development. The City
Commission had declared the parking lot surplus and transferred 9 units to the Mandalay
Club Development in exchange for the 9 units transferred from the Meridia~. The City is
neither creating nor managing a pool of units. The transaction was based on the value of
the' units. The City Attorney agreed the process was consistent with the City Charter and,
Ordinance. In response to a question, she said a settlement agreement delineates how the.
,beach area west of the project can be used. The beach will remain open to public use.
Ed Armstrong, representative, said the document unde'r City Commission
consideration is identical to the presented to the Commission on October 7, 1999.
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Two residents spoke in opposition to the current development agreement. One
resident was concerned the project would take, space from his business, which is not the
case.
It was noted a massive structure could be constructed on this property. In response
to a question, Mr. Stone said due to the flood plain, a building could be 1 20 feet high
without a variance. It was noted the proposed design is preferable as it provides 10D-foot
wide view, corridors. In response to a question, Charlie Siemom, of Siemon & Larsen, said
it is difficult to attract a major hotel in a pioneering area. Once completed, the area's
character will change as it becomes a neighborhood. This proposal is the only serious one
received. Mr. Stone said this property is in the tourist district, which has relatively intense
development. He opposed encroaching into the residential area, as the historic single
family neighborhood to the north is critical to the community's stability. It was noted the
project will attract new retail businesses.
Commissioner Hooper moved to approve a development agreement between the
Mandalay Beach Club, Ltd., and the City. The motion was dUly seconded. Commissioners
Johnson and Hooper and Mayor Aungst voted "Aye"; Commissioners Clark and Hart voted
"Nay." Motion carried. '
The City Attorney presented Resolution #00-12 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #00-12 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": Johnson, Hooper and Aungst.
"Nays": Clark and Hart.'
Motion carried.
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ITEM #11 - Public HearinQ & First AeaginQ Ord. #6478-00 - Vacating 50' r-o-w of N.
,GulfviewBlvd., lying north of Papaya Street (AKA Palm Street) & south of San Marco
Street (AKA Mangrove Street) (Mandalay Be'ach Club, Ltd., VOQ-01) IJMC Communities
AKA Cheezum Development) (PW)
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The applicant proposes to use the right-of-way and adjacent properties to construct
a 157-unit condominium project. City utilities within this right-of-way will be relocated
during de'velopment at owner/developer expense. Staff recommends vacating the right-of-
way, subject 'to retaining a 4-foot drainage and utility easement along the East property
line. Florida Power does not object, provided' adequate easement is granted. Time Warner
and GTE Media Ventures do not object, provided their facilities are relocated at
owner/developer expense. GTE does not object, provided their facilities are relocated at
owner/developer expense and an adequate easement is provided.
Commissioner Johnson moved to approve the applicant's request to vacate the 50-
foot right-of-way of North Gulfview Boulevard lying north of Papaya Street, AKA Palm
Street, and south of San Marco Street, AKA Mangrove Street. The motion was duly
"..~ seconded. Commissioners Johnson and Hooper and Mayor Aungst voted "Aye";
f.<:'~ Commissioners Clark and Hart voted "Nay." Motion carried.
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The City Attorney presented Ordinance #6478-00 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6478-00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes"; Johnson, Hooper and Aungst.
"Nays": Clark and Hart.
Motion carried.
ITEM #12 - Public HearinQ & First Readinq Ord. #6476-00 - Vacating 60' r-o-w of Third
, Avenue South, lying east of US19 & west of Chautauqua Avenue (formerlv Main Street),
subject to retaining full 60' as a drainage & utility easement (Dimmitt, V99-13)lPW) ,
In his January 19, 2000 letter; representative Harry Cline requested this item be
continued for one month.
Commissioner Clark moved to continue Item #12 to February 17, 2000. The motion
was duly seconded and carried unanimously.
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.... ITEM #13 - Pubiic .'earin.fL- Res. #00.05 - dedicating portion of Drew Plaza Park as public
~ ' r-o-w, declaring said '-O-W as surplus'to City needs; a'nd authorizing execution of Purchase
Agreement for its conveyanco by City deed to FDOT to be used lor transportation purposes
(PW)
FOOT (Florida Department at Transportation) has requested the City dedicate the
subject parcel as public right-at-way and sell it to FOOT 'for $2,000 to facilitate widening
Drew Street between NE Coachman Road and Highland Avenue. The '584-square foot
triangular parcel is at the corner of Drew Plaza Park, a 40-foot by 400-100t linear park at
the northwest corner of Drew Street and Hercules Avenue, and is Recreation/Open Space.
Section 2.01 (d)(5) of the City Charter allows the City Commission to dedicate right-at-way
from Recreation/Open Space properties without prior approval by voters at referendum.
The Charter also provides that the City mav transfer surplus property to another
governmental entity if, after an advertised public hearing, the City Commission finds a valid
public purpose for the transfer.
, An appraisal performed for FOOT and updated on June 9, 1999 values the parcel at
$2,000.. FDOT has requested the City approve a Purchase Agreement for the appraised
value and; at closing; convey the parcel to FDOT for the State-funded Drew Street
improvement project.
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Concern was expressed Drew Road is in poor condition and that needed repairs
cannot be delayed for 5 years. The City Manager said staff is working with FOOT for the
State to perform the overlay sooner than scheduled.
Commissioner Clark moved, in compliance with Section 2.01 (d)(5) of the City
Charter, to dedicate a 584-square foot, more or less, triangular portion of Drew Plaza Park
,as right-of4way, declaring said parcel as surplus to City needs, apprOVE:! a Purchase
Agreer:nent with FOOT fC?r the sale of said parcel for $2,000, and authorize its conveyance
to FOOT by City Deed, and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #00-05 and read it by title only.
Commissioller Clark moved to pass and adopt Resolution #00.05 and authorize the
appropriate officials to execute same. The motion was duly sec'onded and upon roll call,
the vote was~
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"NaysH: None.
ITEM #14 ~ Public Hearinq & First Readinq Ord. #6491-00 - MDR. Zoning, 608 Orange Ave.,
Starr & Savery's Addition to Clearwater, Blk 6, Lot 1 (Jerry & Lynda Gilliam, Z99.05){PLD)
The applicant had requested rezoning from Low Density Residential(LDR) to
, Medium Density Residential (MDR) on approximately 0.21 acres at 608 Orange Avenue.
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The site,is developed with a Single Family Residence on the east platted lot and the second
platted lot to the west fronting Lime Avenue, is Vacant. Staff f.eels the proposed land use '
amendment and rezoning is consistent with the Comprehonsive Plan Future land Use. The
proposed amendment is compatible with surrounding residential and institutional uses.
Sufficient pU,blic. facilities can accommodate the proposed use. The proposed rezoning is in
character with surrounding uses and will not affect the use of other area properties.
Assistant Planning Director Cyndi Hardin said property owner, Jerry Gilliam, had'
written the City a letter amending his request to rezone his property to low Medium
Density. The COB (Community Development Board) will consider the zoning request and
site plan for two houses on February 15, 2000. It was stated neighborhood residents had
concerns rezoning would allow future owners of the property to develop the site with multi-
family units. Ms. Hardin reported low Medium Density allows attached housing with a
maximl,Jm of 3 units on the site. Future changes to the property's development would
require COB approval of a nevil site plan. She stated Mr. Gilliam does not own the property
north of the site. It was noted the City Commission had received many letters opposing
the rezoning request. Ms. Hardin said the rezoning request must be readvertised as it has
been amended.
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Mr. Gilliam stated he had purchased 2 separately deeded lots with the intention of
renovating the existing house and constructing a single~family residence on the second lot.
He said his original rezoning request was based on a miscommunication with staff. In
response to a question, Ms. Hardin said the new 2,200 square feet house will have 2'
stories. Zoning setbacks require 25 feet in the front, 15' feet in the rear, and 5 feet on the
sides. The front setback variance requested would align the house with neighboring
properties. In response to a question, Mr. Giiliam said the existing 2-story, 2,017-square
foot residence previously housed multi-family units. Currently, it is a single~family house.
The site plan has not been filed.
One resident spoke in opposition to the zoning change.
Commissioner Hooper moved to continue item # 14 to February 17, 2000. The
motion was duly seconded and carried unanimously.
ITEM #15 - 'Public HearinQ & First ReadinQ Ords. #6492-00 & #6493-00 - land Use Plan
Amendment to Commercial General & Commercial Zoning, 2463 Gulf to Bay Blvd., Sec.
18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04HPLD)
The applicant is requesting a land Use Plan Amendment from Residential Low
Medium (RLM) to Commercial General (CG) and a zoning change from Mobile Home Park
(MHP) to Commercial (C) for an approximately 1.61 acre site at. 2463 Gulf-to-Bay
Boulevard. The site is developed with mobile homes. No relocation of residents will be
, necessary at this time. The proposed land use amendment and rezoning is consistent with
the Clearwater Comprehensive Plan Future land Use Objective 2.5. Staff feels the
proposal is compatible with surrounding retail, office, and mobile home park uses.
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.~ Sufficient public facilities'can accommodate the proposed use.' As the current LOS {level'
') of service} for,' Gulf-to-Bay Boulevard is at its lowest grade, the change may increase
congestion. The change will not impact" the environment.
Residents will not need to be relocated and will be allowed to live at their existing
.Iocation', The property owners are responsible for following the proper process if a future
relocation is necessary. Clearwater would have sufficient facilities to accommodate any
future potential relocation should it become necessary. The COB recommended approval
. unanimously.
Frank Struchen, owner, said he has no plans to move anyone out of his mobile
home park. He s~id the requested zoning change will allow him to park RVs on lots to"o
small to accommodate mobile homes. Twenty-five mobile homes will be affected. Mr.
Sturchen stated he owns the majority of subject mobile homes and that the park has room
to ac,?ommodate the 7 owner occupied units.
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Commissioner Johnson moved to approve a Zoning Atlas Amendment from Mobile
Home Park (MHP) to Commercial tC) and approve a Land Use Plan Amendment from
Residential Low Modium (RUvt) to Commercial General (CG) for 2463 Gulf-to-Bay
Boulevard. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6492~00 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6492-00 on first reading; The
motion was duly seconded and upon roll call, the vote was: '.
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6493-00 for first reading and read it ,by
title only. Commissioner Johnson moved to pass Ordinance #6493-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #16 - Ord. #6494-00'- Relating to Employees Pension Plan; amending Sec. 2.393 of
Code of Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend
benefits under the plan; providing for referendum election relating to the pension plan
. The City Attorney presented Ordinance #6494-00 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt .Ordinance #6494-00 on second
and final reading. The motion was dUly seconded and upon roll call, the vote was: .
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1,IAyes": Clark, Hooper, Hart and Aungst.
"Nays": Johnson.
Motion carried. '
ITEM # 17 - Ord. #6482-00 - Submitting to the City Electors proposed amendments to the
, City Charter amending Sec. 2.01 (d~ 5 (vii) regarding leasing surplus municipal real property
The City Attorney presented Ordinance #6482-00 for second reading and read it by
, title only. Commissioner Clark moved to pass and adopt Ordinance #6482-00 on second
and final reading. The motion was duly seconded and upon roll call, the vote was: '
t. Ayes": Clark, Hooper, Hart and Aungst.
"Nays": Johnson.
Motion carried.
CITY MANAGER REPORTS
CONSENT-AGENDA (Items #18-36} - Approved as submitted.
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Consent Agenda items require no formal public hearing and are subject to approval by a
,singl~ motion. ' However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda to allow discussion and vote on an individual item.
ITEM #18 - Approval of Purchases & Declaration of Surplus per Purchasina Memorandum:
Kaiser Pontiac-Buick GMC, Inc., one 2000 GMC Sonoma compact pickup truck
(replacement), for use by Planning, $12,574.445; funding to be provided under City's
Master, Lease-Purchase Agreement (GSSI
, Don Reid Ford, two 2000 Ford Explorer 4x4 utility vehicles (replacementl, for use by
Police, $46,906; funding to be provided under City's Master Lease-Purchase Agreement
(GSS)
Bell Chevrolet, one 2000 Chevrolet Express 15-passenger van (previously approved
addition), $22,374; funding to be provided under City's Master Lease-Purchase Agreement
(FD)
Mclain Southland Equipment, one 2000 Mack front loader refuse' collection truck
(replacementl, $143,318 (SW)
Bobcat of Tampa Bay, one 2000 Bobcat Model 863 loader (replacement), $18,821; declare
surplus and, authorize trade-in, one 1996 Ford New Holland loader (SW)
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Ring Lift; one 2000 Caterpillar Model.DP25K forklift (replacement), $15,293; decla're
surplus and authorize trade~in, on~ 19,95'Mitsubishi FG~M forklift (G~1509}(SW)
Spartan Oil Company, diesel fuel for use in equipment operated by various dep'artments,
1/21/00~12/~ 5/00,' estimated $400,000 (GSS)
Petroleum Traders Corporation, unleaded vehicle fuel for use by all departments operating
motorized equipment, 1121100~12115100, estimated $350,000 (GSS)
Additional Payment of $2,975 to increase total contract with People Map Training a/k/a E.
Michael Lillibridge from $25,000 to $27,975, for consulting services provided from
1/13/99-1/31/00 (CM) ,
Miller Bearings Inc., 1 st of 2 extensions, miscellaneous bearings, sears & rerated items for
use at all WPC facilities, 1/21/00-1/31/01, estimated $50,000 (PW)
Smith Fence Company, control gates to be located at 3 WPC facilities & 1 at Public Service
Complex" $57,795 (PW)
Tampa Bay Engineering, utility design & subsurface engineering services, 1/21/00-
11/12/02, estimated $275,000 (GAS)
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ITEM #19 - Amendment to Interlocal Aqreement with Pinellas County providing for joint
management of an Economic Analysis for north central portion of City commonly referred
to as the Hercules Industrial Area, to change date to 3/1/2001 (ED)
ITEM #20 - Five Year Aqreement with Grubbs Construction Company, to provide post-
disaster 'assistance to ensure economic recovery of affected areas of the City if the
community sustains major damage beyond City's ability to handle within available
resources currently maintained; initial contract cost of $100 (FD)
ITEM #21 - Contract to Temple. Inc. for purchase of 3M OptiCom Traffic preemption
equipment for 20 fire vehicles & 20 intersections in the City, amount not to exceed
$60,840; funding to be provided under City's Master Lease~Purchase Agreement (FD)
ITEM #22 ~ Ratify/Confirm City Manager's decision to award emen:!encv contract to
McMullen Oil Company Inc., for purchase of vehicle fuel, estimated $50,000 (GS)
ITEM #23 - Aqreement with Lockheed Martin, IMS Pinellas WORKS, for administration of
City's 2000 Weed and Seed Challenge Program and 2000 Summer Youth Employment
Program, for $112,500 {HMI
ITEM #24 ~ Memorandum of Understandinq in support of the One-Stop Career Center
System IHM)
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ITEM #25 ~ Aoorove Asslc:nlment of Lease of Clearwater AlrDark'from current lt3ssee,
Clearwater Aircraft, Inc. to Day Tripper Aviation, Inc., with no changes in existing lease'
(MR) , ' '
ITEM #26 ~ Contract to Public Safetv Manaoement for police field reporting software (FRS)
for $392,750 and records management system (RMS) for $124,625, for total cost not to
exceed $517,375; authorize loan from Central Insurance Fund in the amount $124,625 to
be paid back o~er 5 years with interest at cash pool rate (PO)
ITEM #27 - Approve acceptance of locafLaw Enforcement Block Grant (LlEBG) fundlnn for
2 years, from U.S. Dept. of Justice/Bureau of Justice Assistance, in the amount $308,250
(PO)
ITEM #28 - Contracts to: Sierra Wireless for modems, cost not to exceed $180,000 &
GTE for cellular digital packet data (CDPD), cost not to exceed $90,000 (PO)
, ITEM #29 - Authorize $100.000 disbursement to Clearwater Homeless Intervention Proiect
,(PO)
ITEM #30 - Contract to construct an activity pool with water olavaround amenities for
'Morningside Pool to Aquamarine Swimming Pool Company for $58,416 fPR}
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'ITEM #31 - Interlocal AQreement re reclaimed water supplv with Pinellas County, 1 2 year
term (PW)
ITEM #32 - Contract to Dames & Moore for continuation of contamination assessment
activities at former Annex site, as directed by FDEP. $65,310 (PW)
, ,
ITEM #33 - Contract to KamminQa and Roodvoets. Inc., sanitary sewer replacement on
Glenwood Avenue, in vicinity of Palmetto Street, $163,744.35 (PW)
ITEM #34 - Third Amendment to Aqreement with SWFWMD for funding for Coopers Point
Restoration. to extend term to 12/31/00 IPW)
ITEM #35 - Sidewalk & Utilitv Easement, - 10' easement along portion of S. Greenwood
Ave. (Clearwater Phase I Partners, Ltd.)(CA)
ITEM #36 - Settlement - Scott v. City, in exchange for full release and dismissal of the
case'with prejudicet City to pay estate $100.000 ICA)
Commissioner Johnson moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was dUly
seconded and carried unanimously.
The Commission recessed from 7:37 to 7:55 p.m.
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01/20100
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OTHER ITEMS ON CITY. MANAGER REPORT
, ITEM #37 - (Cont'd from 12/6/99) Acknowledoe intent of eRA to AcceDt ProDosal'
submitted by The Balk Company, Inc., subject to negotiation of a development agreement
(ED)
In accordance with State law, the CRA is notifying the City' Commission of its intent
to accept the proposal submitted by The Balk Company, Inc., subject to negotiation of a
development agreement. 'This action does not constitute acceptance of the proposal.
Commissioner Hooper moved to acknowledge the intent of the CRA to accept the
proposal submitted by the Balk Company, Inc., subject to negotiations of a development
agreement. The motion was duly seconded. Commissioners Hooper, Clark, and Hart and
Mayor Aungst voted "Aye"; Commissioner Johnson voted "Nay." Motion carried.
ITEM #38 - First Roadino Ord. #6501-00 - reducing number of members on Library Board
from 9 'to 7 (LIB)
On November 19, 1999, Library Board members unanimously recommended
reducing membership on the Library Board from 9 to 7 effective January 1, 2000, with the
term expiration of two board members.
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Commissioner Clark moved to reduce the number of members on the Library Board
from 9 to 7. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance: #6501-00 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6501-00 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #39 - Res. #00-02 - authorizing execution of Mutual Aid Agreement for Marine Patrol
Services; approve Agreement to allow Sheriff to enforce city ordinances relating to
waterways and operation of vessels & waterborne aircraft within City (PO)
Chapter 23, Florida Statutes, authorizes mutual aid agreements between law
enforcement agencies to render voluntary assistance of a routine law enforcement nature
to aile another across jurisdictional lines. This agreement renews the prior Mutual Aid
Agreement between the City and Sheriff. In return for free dock and office space from the
, City, the Sheriff agrees to enforce boating ordinances on waterways within municipal
limits. The Sheriff agrees to assume all of the agency's operational costs related to any
assistance provided with no financial charge to the City.
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Commissioner Hooper moved to.authorize the City Manager to'execute a'mutuaJ aid
agreement between the City and Pinellas County Sheriff's Office to allow the Sheriff to
entorce City ordinances related to the waterways and operation of vessels and waterborne
aircraft within the City and that the appropriate officials be authorized'to execute same.
The mo~lon was duly seconded and carried unanimously., ,
, ,
The City Attorney presented Resolution #00-02 and read it by title only. ,
Commissioner Johnson moved to pass and adopt Resolution #00-02 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #40 - Mandalav Avenue ootions (PW)
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Various options have been proposed for the roadway cross~section when Mandalay
Avenue streetscape improvements are implemented. Based on input from the public, the
City's consultant for beach redevelopment, and City staff, alternatives were narrowed to:
1} Option 1 - four 10-foot travel lanes, 4-foot wide landscaped median, two 14-foot wide
sidewalks, parallel parking on west side and 2) Option 2 - four 1 Q-foot travel lanes, 10-
foot wide landscaped median, two 15-foot wide sidewalks, no on-street parking. Staff
seeks direction regarding the preferred option.
The City Manager reviewed the options and reported the design process will begin in
January 2001.
Commissioner Johnson moved to direct staff to pursue Option 1 for Mandalay
Avenue improvements - roadway cross-section to be 4 10-foot lanes for traffic, a-foot
wide parallel parking on west side, 4-foot wide landscape median, and 14-foot wide
sidewalks. The motion was duly seconded.
A preference for one-travel lane in each direction was expressed. It was stated
traffic calming along Mandalay Avenue is mandatory.
Upon the vote being taken, the motion carried unanimously
ITEM #41 - Lease Aqreement with Clearwater Country Club, Inc. for operation of property
currently known as Clearwater Country Club Golf Course, 05/01/02-04/30/32, pending
repeal of 60 year lease limit or change of corporate name by Clearwater County Club, Inc.
(PR)
cec (Clearwater Country Club) has operated the site since June 1, 1937. The
current lease expires on April 9, 2002. The National Golf Foundation Consulting lnc.'s
August 1999 analysis of the City's municipal golf courses recommended the City continue
to lease CCC to its members.
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On September 16, 1999, the City Commission directed staff to negotiate a long-
term lease ~ith CCC. Staff has completed lease negotiations with the club. Kay items In
the tentative lease agreement: 1} City residents shall be given a preferential daily green fee
rate reduction equal to 10% of the established green fee; 2) annually, cce shall pay the
City 3% gross annual revenue as propefty rental fee. Gross revenue defined to include all
revenue sources. The first year fee is estimated to be $74,000: 3) if CCC constructs a
new clubhouse, City agrees to reduce rental to 1 % of gross revenue annually for the first
10 years lapproximately $49,000 annually), then 2% annually for second 10 years
(approximately $24,500 annually): 4) City has option to purchase all CCC property upon
termination or expiration of lease., Purchase shall be for assessed value as determined by
the offici~1 records of the Pinellas County Property Appraiser: 5) CCC to supply annual
audit to City by a Certified Public Accountant; and 6) CCC obligated to pay any Federal,
,State, or local taxes, and fees for the term of the lease.
Commissioner Clark declared a conflict of interest as CCC is a client of his business.
,Commissioner Johnson moved to approve a 30-year lease between the Clearwater,
Country Club, Inc., and the City for the operation of the property currently known as
Clearwater Country Club Golf Course, pending repeal of 50-year lease limit or change of
corporate name by Clearwater Country Club, Inc., and that the appropriate officials be
authorized to execute same.' The motion was duly seconded.
Concern was expressed without a RFQ, the City cannot know if the agreement
represents a good deal for. the City. It was felt the City should be guaranteed a minimum
fee. As the agreement does not require CCC to construct a new clubhouse, concern was
expressed the City must depend on the club's management for its success. It was noted
club members must approve a new clubhouse. In response to a question, Parks &
Recreation Director Kevin Dunbar said staff had used the August 1999 analysis when
negotiating the lease. He estimated membership dues will increase from $840 to $1350
annually if CCC builds a new clubhouse. CCC is a semi private golf club without amenities
found at country clubs.
, Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Aungst
voted "Aye": Commissioner Hart voted "Nay." Commissioner Clark abstained. Motion
carried.
ITEM #42 - First ReadinQ Ord. #6498-00 - Relating to Occupational License Fees: amending
Appendix A, Schedule of Fees, Rates & Charges by 5 % increase in fees and amending
administrative fee charges (PLD) , ,
In 1995, the City Commission adopted an ordinance that restructured and in'creased
the City's Occupational License fees under the guidelines of State Statute 205.013, et seq.
as amended by a law signed into effect in 1993. The City Commission appointed an Equity
Study Commission to review the City's Occupational License fees and make
recommendations. The recommendations were included in an ordinance later adopted by
the City Commission.
mcc0100
14
01/20/00
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, ,State law allows municipalities to increase their Occupational License fee rates up to
5 % every other year ,after the City's 1995 ordinance. The City Commission adopted the
, first 5% increase in 1997. This proposal meets the two-year provision. The increase will
generate approximately $80,000 of additional revenue. Part of this revenue was included
in the FY (fiscal year) 1999/2000 budget. The estimate is based on historical data from 3
previous years; ,
In response to a question, Building Official Kevin Garriott said new positions will
meet customer needs in~house and provide correspondence and data entry services,
, allowing Inspectors to spend more time and be more effective in the fielc!. These fee
increases will cover the costs related to the new positions. In response to a question,
Planning & Development Services Administrator John Asmar said projections are based on
history and conservative assumptions from Finance staff. He said expenses for future
years will be covered by increased growth and racommended the City be proactive to meet
demand anticipated during the next year. He noted the department has a large task
collecting fees. In response to a 'question, Mr. Garriott said fee increases had been rounded
off.
Concern was expressed the fee structure, based on inventory, unfairly burdens City
merchants. It was stated licenses for Largo and ,St. Petersburg merchants are much less
expensive. It was requested the City seek legislative relief for t~is inequity and research
ways to provide relief to merchants and other affected groups.
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Commissioner Johnson moved to revise Appendix A, Occupational License Fees,
Code of Ordinances. The motion was duly seconded. Commissioners Johnson, Hooper,
and Hart and Mayor Aungst voted "Aye"; Commissioner Clark voted 'Nay." Motion
carried.
The City Attorney presented Ordinance #6498~00 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6498.00 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper, Hart and Aungst.
"Nays": Clark.
Modon carried.
ITEM #43 - First Readino Ord. #6499~OO - Relating to Building & Development Regulations;
amending Appendix A, Schedule of Fees, Rates & Charges, Relating to Sec. 47.084(4)
(PLD) ,
In 1996, the City Commission approved a 5% adjustment to the building fee
schedule, which generated approximately $45,000 in projected revenues for FY 1996/97.
Enhancements to permitting fees are allowed by ordinance and done routinely to cover
programs and services. Staff proposes an increase in building permit fees. A comparison
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mccO 1 00
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of fees with nearby municipalities was completed. Staff recommends a fee enhancement
, 'will: 1} raise level of customer service; 2) ensure code compliance with Community
Development Code; and 3} collect legitimized data as performance measurement
benchmarks.
Proposed accomplishments are dependent on' proposed resources and new personnel
to provide the desired level of service. Proposed adjustments of 5% will generate at least
, $60,000 for FY 199912000. Considering the projected growth rate, staff anticipates the'
City also will receive $24,600 additional for a total of $84,600 of unanticipated revenues
, above the approved budget. '
CO,mmissioner Johnson moved to revise Appendix A, Building permit Fees, Code of
Ordinances. rhe motion was duly seconded and carried unanimously.
The City Attorney presented OrdinanCE! #6499-00 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6499-00 on first reading. The
motion was'duly seco~ded and' upon roll call, the vote was: '
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
ITEM #44 - Aoorove 4 full time eQuivalent positions for PlanninQ & Development Services
,,' ,:} ,Administration associated with increased services & fees, with annual cost of $104,600
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, Planning & Development Services Adm'inistration requests approval of 4 new FTE
(full:"time equivalent) positions associated with agenda items increasing occupational license
and building permit fees. The department has depended on temporary help to meet
customer demands. The 4 FTEs, 2 Staff Assistants and 2 Customer Service
Representatives, would improve department efficiency and effectiveness. Current
practices are'not cost effective nor do they meet customer demands as temporary
employees cannot deal with associated technical.issues and have a large turnover rate.
The fee increases will cover costs associated with the new positions needed to meet the
, City's advanced state of active redevelopment.
Additional costs associated with new personnel and equipment are estimated to be
$104,562 and will be covered by revenue enhancements from increased occupational
licensing enforcement and fees, increased building permit fees; and dev'elopment levels
higher than expected.
Commissioner Hooper moved to approve four full-time equivalent positions for
Planning & Development Services Administration associated with increased services and
tees, with an annual cost of $104,600. The motion was duly seconded and carried
unanimously.
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mccD 100
16
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ITEM, #45 -' Marine Advisorv Board - 1 appointment ((iLK)
Commissioner Clark moved to reappoint William Wilhelm. The motion Was duly
, seconded and carried unanimously.
ITEM #46 - Other PendinQ Matters - None.,
CITY ATTORNEY REPORTS
I1:EM #47 -'Res. #00-01 - Demolition Lien - 1016 N. Greenwood Ave., Palm Park Addition
to Clearwater, part of Lot 32 (Maggie M. Bridges Estate - clo Carlton McCray)
The City Attorney presented Resolution #00-01 and read it by title only.
Commissioner Clark moved to pass arid adopt Resolution #00-01 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll calli
the vote was:
ItAyes": Johnson, Clark, Hooper, Hart and A~ngst.
"Nays": None.
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,ITEM #48 - Res. #00-09 - stating intent of City Commission to initiate conflict resolution
procedures with'the City of Largo; specifying issues of conflict with the City of Largo;
directing City Manager to provide a statutorily. mandated letter' and certified copy of this
resolution to the City Manager of the City of Largo
Clearwater's contention that Belleair Road is its southern boundary is supported by
its recognition as the border of Clearwater's planning area, in the Fire District, and in the
1992 Interlocal agreement with Pineflas County, which has never been violated. The tri-
city agreement between Pinellas Park, St. Petersburg. and Pinellas County, identifies
Belleair Road as Largo's northern boundary. A 1992 amendment to the 1983 interlocal
agreement recognized the border and indicated the municipalities will work to not cross it
again. The PPC (Pinellas Planning Council) staff concurs with Clearwater's position. Largo
has voted to annex property on the northwest corner of the Belcher/Belleair !ntersection.
The City Attorney said Largo's City Attorney had indicated County interest in a
conflict between the City of Largo and City of Pinellas Park by disputing Largo's practice of
requiring the annexation of properties before providing sewer service. Although the City
had won this issue in court previously, the City Attorney indicated the City may again need
to become involved in the process. She said approval of this item will allow the dispute
resolution process to begin. It was noted the PPC is working to establish annexation
boundaries. It was stated annexation requirements tied to sewer service may not always
be possible.
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mccO 1 00
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, Commissioner Hooper moved to state the City Commission's intent to initiate
conffict resolution procedures with the City of Largo, specify issues of conflict with the
City of Largo, and to direct the City Manager to provide a statutorily mandated letter and
certified copy of this resolution to the City Manager of the City of Largo. The motion was
duly seconded an'd carried unanimously.
The City Attorney presented Resolution #00-09 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #00-09 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon raft calf,
the vote was: '
"Ayes": Johnson, CI03rk, Hooper, Hart and Aungst.
"Nays": Non,e.
ITEM #49 '- Other Citv Attornev Items - None.
ITEM #50 - Citv Manaqer Verbal Reoorts - None.
, ITEM #51 - Other Commission Action
('.';)
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Commissioner Hart requested a name clarification regarding reference to
Clearwater's beach. Concern was expressed no record of related discussions exist.
Discussion ensued., The City Manager stated the legal name never changed.
Commissioner Hart moved to approve calling the beach Clearwater be~ch, not
Clearwater's beach. The motion was duly seconded. Commissioners Johnson, Clink, Hart,
and Mayor Aungst voted "Aye"; Commissioner Hoo'per voted "Nay." ,Motion carried.
, Commissioner Johnson thanked the Public Works Department for inviting him to
their awards luncheon.
Commissioner Hoooer supported resolution of the Curtis Street subdivision's request
for annexation.
Commissioner Hooper wished Mayor Aungst a Happy Birthday on Saturday.
Commissioner Clark invited residents to attend the swing band performance at
-Station Square Park on January 28, 2000 at 5:00 p.m.
Mavor Aurigstthanked Terry Schmidt and staff for organizing the successful
Millennium Celebration.
Mavor AunQst congratulated Herb Brown for being named Mr.Clearwater.
Mavor Aungst thanked staff for inviting him to participate in the reader program at
l:ountryside Library.
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mcc0100
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, ,Maver Aunast said the Martin Luther King parade and dedication of the' Cherry
,:Harris Park wero successful events. ' ' ,
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Mavor Auna.st announced the Clearwater Aqu'arium's fundraiser at the Harborview,'
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Center on',January 22, 2000.
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ITEM #52
Adiournment
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The meeting adjourned at 8:29 p.m..
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FORM 88., MEMORANDUM OF, VOTING CONFLI.CT FOR
COUNTV: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
1..1 ~AJ,U~-FlRST NAME-MIDDLE NAME NAME OF DOARD, COlJ!iCIL, COMMISSION, AUTHOJUTY, OR COMMmEE
2 ~ RJai/1.r' ~ ' a .. . <1. M'Su'
IWLINO ADDRESS THE BOARD, COUNCIL, COMMISSION, AlTJ'HOJUT'l OR OOMMl'M'EE ON
3 'lO \~ WHlCH I SERVE 18 A UNIT OF:
lit'C1TY 0 COUNTY
NAME OF POunCAL SUBDIVISION:
C
Fi.
DATE ON WHICH VCYI'E OCCURREO
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COUNTY
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o OTHER LOCAL AGENcY
CITY
M
o APl'OtNTIVE
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WHO MUST FilE FORM 89
Thi. form 111 for use by any person 8l!rving at the county, city, or other local level or government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who ore presented
with a voting conflict ofintcrest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict or interest will vary greatly
depending on whether you hold an elective or appointive position. For this reBBOn, please pay dose attention to tho instructions on
this fonnbefore completing the reverSA side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION '112.3143, FLORIDA STATUTES
A pe1'8On holding elective or appointivec:ounty, municipal, or other local public office MUST ABSTAIN from voting on a mellSU1"C
i"""~h inures to ~s 0: her special privll:to gal,n or loss. Each c,lee,led or appointed local officer also is prohibited from knowi~gly vO,ting
",,/.::.'fmeasure which mU1"CS to the 8pec181 gron or loss of a pnnc1pal (other than a government agency) by whom he or she 1S 1"Ct.o.ined
(including the parent organl:tation or fJUbsidiary or n corporate principal by which he or she is retained); to the special private gain or
loss of a relative; or to tho special private galn or 1059 of n business associate. Commissioners of community l'Cdevelopment agt:tncies
undor See. 163,356 or 163.357, F .s.. nnd officers ofindependent specinl tax districts elected on a one.aCTO. one-vow basis arc not pro.
hiblted from voting in thatcapncity. '
For purposes of this law, a "'relative- includes only the officer's father, mother. son, daughter. husband, wife, brother, sister, rother.
in.law, mother-in.law, son-in-law, and daughter-in-taw. A "business associate" means any person or entity engaged in or carrying on
a busineBS enterpriee with the officer IlS a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conOict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your inwrcst in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFl'ER THE VOTE OCCURS by completing and filing this form with thp. person responsible for recording
the minutes of the meeting, who should incorporate the fonn in the minutes.
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APPOINTED OFFICERS:
You must obatnin from voting and disclose the cont1ict in the si tuntions described above and in the manner described for elected offi-
cers. In order to participate in these matters. you must disclose the nature of the conflict berore making any attempt to influencethe
decision, whether orally or in writing and whether mnde by you or at your direction.
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IF YOU INTEND TO MAKE ANY A'M'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
""'fE WILL BE TAKEN:
\..-J.ou must complete and file this fonn (before mnkin'g any attempt to Innuence the decision) with the person responsible for -
recording the minute~ of the mee:~n~, who will incorporate the fonn in the minutes.
· A copy ofthe ronn must be provided immediately to the other members of the agency.
. The form must be rend publicly at the next meeting after the form is filed.
oV~r
CE FORM 88. REV. 1195
PAGE 1
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IF YOU MAKE NO A'ITEMP:tro INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: "
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. ,You '~uat diaclOlll orally the notun. or YO,ur c;onfUct In ~h& meosure before pnrtlclpoting.
· Youmult completGl the form and file It within 16 day. after the vote occurs with tho person responsible for rocording the ~
minuteI of the meeting; who moo Ineorporate the f~rm In tho mlnutE;.. A copy of the form muat. 00 providod immediately to tho
other member. of the agency, and the fonn muat be read publicly at the next meoting nner the fom\ is filed.
1,
. DISCLOSURE OF LOCAL OFFICER'S INTEREST
Ro~ \(.. Q~ . hereby disclose that on Ij'1t>
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(e) Ameesure c:m:ne ,or will come before m~ogency which (check one)
,_ inured to my llpecial private gain or loso~ ,
: _ inured to the special gain or loss of my business associate,
inured to the llpecial gain or loss of my relative,
./ i~uTed to the special gain orIoss of ela.a.t.Jp.~ ~cUJj'1Z.'" <:?'u8 (-::r.-\-eV"n -tt:. Y f )
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of 0 principal which has retained me.
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(b) The measure before my agency and the nature of my conflicting interest in the measure is as fonows: ,
, .by
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Date Filed
i /311tX>
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Signature
NOTICE: UNDER PRovISIONS OF FLORIDA STATUTES ~1l2.317~ A FAILURE TO MAKE ANY REQUIRED nISCLO I,
SURE 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 CML PENALTY NOT TO EXCEED $10,000.
CE FORM 88. REV. 1/95
PAGE 2