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COMMUNITY. DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
February 15, 2000
Present:
Gerald Figurski
Edward Mazur, Jr.
, William Johnson
David Gildersleeve
Shirley Moran
Carlen A. Petersen
Alex Plisko
Chair
Vice Chair
Board Member
Board'Member
Board Member
Board Member
Board Member
Also Present: Leslie Dougall-Sides
Ralph Stone
Cynthia Hardin
Lisa Fierce
Gary Jones
Gina Clayton
Mark Parry
Patricia O. Sullivan
Assistant City Attorney
Planning Director
Assistant Planning Director
Development Review Manager
, Senior Planner
Senior Planner
Planner
Board Reporter
The Chair called the meeting to order at 1 :00 p.m. at City Hall, followed by
the Invocation and Pledge of Allegiance. '
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To provide continuity for research. items are in agenda order although not
necessarily discussed in that order.
ITEM A - REQUESTS FOR CONl~NUANCE/RECONSIDERA TION
Item A 1 - 1802 Belcher Road. no apolication information orovided (FlOQ-O 1 ~O 1 )
Development Review Manager Lisa Fierce stated the applicant had
withdrawn the application.
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ITEM B - CONTINUED ITEMS ~ None.
ITEM C - LEVEL 3 APPLlCA liONS
Item C1 - 608 Oranqe Avenue/60e Lime Avenue. Clearwater: Jerrv and Lvnda
Gilliam - Owners. Request for rezoning from LOR (Low Density Residential) to
LMDR (Low Medium Density Residential) districts.
Parcel: 16/29/15/85176/006/0010
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The applicant has amended the application and now requests a lower density
than approved in December 1999 by the COB (Community Development Board). If
the COB approves this request, board approval of a site plan also will be required.
The subject 0.21-acre site at 608 Orange and 609 Lime avenues has 2 platted lots,
4,620'square feet each, and sufficient density to construct a second single-family
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residence on the rear lot. The sitets'single.family residence is addressed at 608
Orange Avenue. The property owner has submitted an application for Flexible
Development, which is permitted on sites as small as 3,000 square feet. Nearby
uses include high-rise multifamily, institutional, office. and single family residences
on large and small lots. The development would be compatible 'with the
'surrounding area. Staff recommends approval.
Senior Planner. Gary Jones said prior to City Commission consideration of the
. original request, the property owner had amended his application, requesting a
lower density in response to concerns that rezoning would permit a future owner to
increase the number of onsite units. Assistant City Attorney Leslie Dougall-Sides
said the Legal Department had recommended this issue be returned to the COB.
Applicant Jerry Gilliam said he plans to construct a single4amily house on
the rear lot. He said the lot next to his rear one is smaller and developed with a
duplex. He said the planned residence would complete the buffer between single-
and multi.family properties. He said the onsite residence had been converted to a
duplex approximately 20 years ago. He recontly removed the second kitchen and
, converted the building back to a single-family home. In response to a question, he
, said he had purchased the property from a real estate agent after confirming the
parcels had separate numbers and descriptions. Concern was expressed regarding
the amount of cement on the rear of the property.
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Five residents spoke in opposition to the request. A signed petition was
submitted.
Mr. Gilliam said the City must approve any change to the site plan. He said
he is rehabilitating the current house and will construct one that is sensitive to
concerns of residents in nearby neighborhoods.
In response to a question. Planning Director Ralph Stone said the existing
structure 'was non-conforming when it was configured as a duplex. That density
was lost when the second kitchen was removed and cannot be regained without a
zoning change. Staff has explored many options. The maximum density under the
proposed zoning is two units. The area has a mix of zoning. The minimum size of
lots in Harbor Oaks and Spottis Woods is 20,OOO-square feet. The next category
requires lots to be at least 5,OOQ-square feet. The existing structure is positioned
far forward toward the street. If approved, the requested change will not result in
spot zoning. The property owner cannot build a second house unless the zoning is
changed and site plan approved. It was noted that both lots abut City rights-of-
way. ' It was felt the rear lot has served as a back yard since the house was built.
It was stated the alley next door separates zoning districts. Concern was expressed
that construction of another house on the property will change the character of the
neighborhood, which includes many homes occupying more than one lot. It was
felt approval will set a ~recedent and allow denser development.
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Member Johnson' moved that based on the staff report and by information
submitted by the applicant. the Community Development Board recommends the
City Commission approve rezoning 608 Orange Avenue and 609 Lime Avenue from
LOR (Low Density Residential) to LMDR (Low Medium Density Residential) districts
in Case Z99~1 0-01- amended. The motion was duly seconded. Members Mazur,
Gildersleeve, Johnson, and Chair Figurski voted" Aye"; Members Moran, Petersen.
and Pliska voted "Nay." Motion carried 4:3.
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Item C2 -3040 SR 590, Clearwater: Humane Society of North Pinellas, Owners.
Request Flexible'Development approval to terminate status of a nonconforming use.
Parcel: 04/29/16/0000/330/0200
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The Humane Society has occupied this 5.2-acre site at 3040 SR 590 for 50
years. The property has many mature trees, slopes to the east, and has significant '
vegetation and woods on its northern portion. The site has a 2,21 2 square foot
m~in building. a 1,025-square foot support building encroaching into the west
property line's setback, several kennels, and storage. The applicant plans to
construct behind the main building a 5,630-square foot technical services building
. and a '3,360-square foot kennel area. A veterinary, clinic is not a permitted use in
the Institutional District. Expansion of the facility requires termination of its
nonconforming status, which is due to insufficient landscape buffers,
nonconforming signage, and parking in the right-at-way.
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The property's wooded area provides a 150-foot buffer from residential uses.
Landscape buffers will be 15 feet along SR 590 and 10 feet along the eastern
border. Buffering the west property line is impractical due to the buildings, fencing,
and trees on the adjacent property. Off-street parking and traffic circulation will be
improved. Parking in the right-of-way will be removed. All nonconforming signs
and outdoor lighting will be terminated, removed, or conform with Code. The shed
in the west setback will be moved. The freestanding sign will be replaced with one
that meets Code. The DRC (Development Review Committee) reviewed the
application on January 20. 2000. Staff recommends approval.
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It was suggested the new kennels be placed farther from the residential
neighborhood. Planner Mark Parry said the new kennels will be 400 feet from the
neighborhood. Concern was expressed about associated noise.
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Rick Bacon, representative, said the Humane Society needs to enlarge its
clinic to minimize health hazards to animals. The 40 new runs will be used primarily
for post- and pre-operative animals as well as some strays. He did not anticipate
ambient noise will increase. He said the current runs will be converted to other
, purposes. The proposed structure will separate the clinic from pet adoption
services. He said parking will be moved east of the main building from SR 590. In
response to a question. Mr. Bacon said the Humane Society does not plan to add
new services.
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Member Johnson moved that based on the staff report and by information
submitted by the applicant, the Community Development Board approves the'
Flexible Development application to terminate the status of a nonconforming use at
3040 SR590 in Case FL99-12-25. The motion was duly seconded and carried
unanimously. ' '
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Item C3 - 2475 Sunset Point Road. Clearwater: Premier Community Bank, Owners.
Request for flexible development approval of Comprehensive In-fill Redevelopment
Project and preliminary plat.
Member Mazur stated he had a conflict of interest and left the dais before
the presentation.
This Flexible Development request for 2475 Sunset Point Road proposes to:
1} construct a 2-story, 13,OOO-square foot office building fqr Jani-Klng on Lot One
(western parceJ} with a 20~foot reduction in the east setback to O-feet, a 4-foot
reduction in the west setback to 1 6 feet, and a 20~foot reduction in the south
setback to O-feet; 2) Lot Two (center parcel) to retain bank building with 20-foct
reductions in the east and west setbacks to a-feet; 3) construct a 1 ~story / 6,921-
square foot office building for the Red Cross on Lot Three (eastern parcel) with a
13-foot reduction in the west setback to 7 feet and a 1 a-foot reduction in the east
setback to 10 feet; and 4) increase maximum parking from 81 to 1 24 spaces.
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The ~/ laO-square foot bank, with 5 drive-through bays and one escape lane,
is on the western two-thirds of the 4-acre site. The 6-foot wall on the west
separates the property from a single-family neighborhood. Florida Power's right-ot-
way abuts the property's eastern border. The site has many mature trees. Two
signs, permitted under a previous Code, identify the bank.
The applicant proposes to divide the site into 4 parcels. Traffic circulation
on Lot Two will be redesigned and several drive-through bays will be removed. The
applicant intends to allocate development rights from Parcel A, a common detention
basin south of the bank, to Lot Two. A master site plan addresses the entire
property. On-site landscaping will be upgraded. Staff feels the proposed structures
are well designed. Although planned parking is 23% greater than permitted, the
ISR (impervious surface ratio) will remain less than required bV Code. The 2% open
space fee is $15,678.
The redevelopment, as proposed, will result in narrow lots requiring reduced
setbacks, shared drive aisles and parking, and a single shared ingress/egress onto
Sunset Point Road. Adjacent residential properties are approximately 80 feet ,from
the proposed structures. All other surrounding uses are commercial and office. The
ORC reviewed the application on Januflry 27/ 2000. Staff recommends approval
with conditions: 1) Unity of Title shall be recorded with Pinellas County within 30
days of approval and 2) signage must comply with Code.
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'Ms, Fierce said many mature trees on the subject property will be preserved.
The Code requires setbacks even when a master site plan is used. Assistant
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Planning Director Cyndi Hardin said the lots will be platted and sold separately.
Parcel A will be owned jointly by owners of the 3' lots and serve as a retention
pond.
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Ms. Dougall.Sides recommended the applicant place the open space, fee in
escrow or provide a letter of credit to defer actual payment. Language in the Code
needs to be amended to time this payment as required under the previoLls Code. It
was noted while the site is large enough to construct a 40,OOO.square foot building,
this request proposes a total of 24,OOO-square feet.
Harry Cline, representative, said the City must approve all changes to the
master site plan. He said the Red Cross will serve as an area headquarters during
emergencies and requires additional parking to accommodate associated services.
He said the site was designed to protect the mature oak,trees and save as,many
trees as possible. A drive is planned 16 feet from the side setback to meet the
minimum impervious needs of an oak tree. In response to a question, Mr. Cline said
the property owners are discussing signage issues with staff. Jeff Amos,
representative, said the property drains to the Florida Power outfall.
One resident spoke in opposition. Molly Howell addressed the board to
retain her legal standing. In response to a question, Ms. Fierce said the buildings
will feature similar building materials but differ architecturally.
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Member Gildersleeve moved that based on the staff report and by
information submitted by the applicant, the Community Development Board
approves the Flexible Development of a Comprehensive In~fill Redevelopment
project and preliminary plat for 2475 Sunset Point Road with conditions: 1) Unity of
Title shall be recorded with Pine1las County within 30 days of approval and 2)
signage must comply with Code in Case FL99-1 2-24 and PL T99-12-91. The
motion was duly seconded and carried unanimously. Member Mazur abstained.
ITEM E - APPROVAL OF MINUTES
Member Petersen moved to approve the minutes of the spacial meeting of
January 19, 2000, and the regular meeting of January 25, 2000, as recorded and
,submitted in written summation to each board member. The motion was duly
seconded and carried unanimously.
ITEM F - DIRECTOR'S ITEMS
Communitv Development Code review
The City Commission directed staff to perform a 6-month review of the
Community Development Code, adopted in January 1999, and effective in March,
to address policy issues and revisions. In his January 13,' 2000, memorandum,
Planning Director Ralp:1 Stone submitted related issuos for board evaluation:
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1) General Provisions. permit density/intensity averaging on sites with
different land use categories as long as use is permitted in both cBtegorles;
2) 'Zoning Districts - permit in all zoning districts parks & recreational
facilities as flexible development; 3) create dimensional standards for standard;
flexible standard; and flexible development; 4) eliminate frontage/access
requirements for congregate care, assisted living facilities, & medical clinics; 51
permit in Commercial district light assembly type uses that have no external
impacts; 6) permit in Commercial district limited vehicle service uses as flexible
development subject to design criteria; 7~ delete Mixed Use district; 8) permit in
Commercial and Office districts mixed uses; 9) permit in Tourist District shared
parking options, including payment in "lieu of"; 10) permit in Office district
detached residential development; 11) prohibit rental of dwellings for less than 30
days except in Tourist, Commercial; or Downtown districts;
12) Development Standards ~ develop fence regulations to cover all
,situations; 13) clarify amount of modifications permitted before compliance with the
new Code is triggered; 14) n/a; 15) increase accessory uses from 5% to 10% of
the principal structure's gross floor area; 16) prohibit roofs on boat slips; 17) require
4~foot fence around swimming pools; 1 8) require permit for painting commercial
structures; 19) amend newsrack regulations to reflect Commission direction; 20)
protect palms with 10-foot clear and straight trunks; 21) allow changeable
messages on signage to change every 6 hours; 22) create regulations for political
( '~';,~ signs; 23) measure freestanding sign height from road crown; 24) create simple tree
:':;:117 removal process for 1- and 2-family properties that allows removal of 25 % of the
trees without replacement; 25) control parking through site plan review process &
eliminate parking cap; 261 prohibit sales from tractor trailers and temporary uses
independent of principal use of property. Reduce signs associated with temporary
uses to 12~square feet, Expand districts permitting certain temporary uses;
27) Development Review and Other Procedures - require all cases considered
by the COB to be on the City Commission agenda within 6 months or be
withdrawn; 28) increase public notice radius to 500-feet & notify registered
neighborhood associations & the Clearwater CoaHtion of Homeowners regarding
cases requiring public notification; 29) delete requirement thelt applicants must
submit an evidence summary & disclose all related reports 10 days prior to quasi~
judicial hearings; 30) permit application amendments after DRC or COB review but
prior to CitY' Commission consideration only if amendment is less intense than the
original application; 31) require Community Development Coordinator to determine
eligibility for Neighborhood Conservation district designation based on neighborhood
size & area. Require designated neighborhoods to hold a specific number of
meetings annually & assume active roles in the education & enforcement of overlay
zone criteria; 32) revise TOR (Transfer of Development Rights) distance
requirements. Prohibit TOR to Low Density Residential and Low Medium Density.
Residential districts; and
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33} Nonconforming Provisions - when terminating propeity 'status as
nonconforming, residential and transient uses may be exchanged and/or
reconstructed it parking, landscapi~g, and sign requirements are met. '
Senio'r Planner Gina Clayton said staff had met with the Chambers of
Commerce and coalition of neighborhoods regarding tho Code and shared drafts of '
suggested changes with interested citizens. Staff has compiled a list of comments
since the new Code went into effect. A public hearing is scheduled for the COB's
March 21, 2000 meeting. She reviewed suggested changes.
Regarding Item #5, it was recommended the definition of light assembly be
clear to avoid inapprop'riate uses.
, Regarding Item #11, four persons spoke in opposition and four persons
spoke in support of the proposal to prohibit rental of dwellings for less than 30 days
except in Tourist, Commercial, or Downtown districts. One person questioned the
City's ability to enforce this type of rule.
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In response to a question, Mr, Stone said the Code does not establish a
minimum rental period. As condominium properties that allow short rentals are
similar to hotels. concern was' expressed the structures are not equipped similarly to
, address fire and safety issues. It was stated condominium owners have the ability
/ to amend thei ssociation's bylaws to lengthen required minimum stays by vote.
DiscLlssion ensu e regarding problems related to vacationers, including noise,
, , parking, a disregard for rules, improper use of common areas and facilities, etc.
Concern was expressed the proposed change would require staff to police a
regulation that is difficult to enforce, as visitors who do not meet the minimum stay
requirement will have already left. Ms. Dougall~Sides agreed these types of
infractions are difficult to prove in court. Mr. Stone said it makes sense for the
Code to define transient and residential circumstances. It was suggested minimum
stays be tied to fire safety issues, such as a requirement for sprinklers. Ms. Clayton
reported many local cities require minimum stays, with Plnellas County having a 30M
day minimum. Minimum stays are enforced by complaint. Ms. Dougall-Sides said
staff will review condominium documents and existing rental contracts. Staff will
consider related health and safety issues.
Regarding Item # 1 3, Mr. Stone said the City does not require landscape
upgrades that exceed City requirements to be listed on site plans.
Regarding Item #15, Ms. Clayton said current limits restrict some
homeowners from installing a shed. In response to a question, she said all sheds
require permits and must meet setback requirements. In response to a question,
Ms. Hardin said accessory buildings cannot be used for human habitation. It was
felt an accessory use, such as a restaurant, should not have signage to attract
outside customers and generate additional traffic.
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Regarding Item #16, Ms. Clayton said the Code prohibits boathouses. Some
waterfront residents have complained that roofs on boat slips obstruct their vistas,
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Regarding Item #26. Ms. Clayton said this proposal does not address the
parking of cars for sale ,in City rights-at-way. That practice already is illegal.
Temporary uses are 'proposed to allow pumpkin and tree sales tor, a limited time in
Institutional and Downtown districts. In response to a question, Ms. Dougall-Sides
said both the violator and prope'rty owner can be fined.
Regarding Item #32, Mr. Stone recommended TDRs be allowed between
. properties west of Memorial Causeway, and between properties east of it. The
requirement for public hearing approval will remain. He noted a Commissioner had
suggested restricting TDRs to sections' of the' beach.
One resident requested time constraints be established for portable
containers parked in residential driveways and used for storage.
One person supported increasing the bed multiplier tor assisted living
facilities from 2.5 to 3, for consistency with County rules.
Jt was recommended requiring directional signage to be located outside the
public right-of-way.
Mr. 8,tono said staff will develop language for the recommendations and
present them to the board next month.
(~l Election of Officers
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Member Mazur nominated Gerald Figurski to serve as COB C~air from
January 1, 2000, to December 31, 2000. The motion was duly seconded. There
were no other nominations. The motion carried unanimously.
Member Petersen nominated Edward Mazur, Jr. to serve as COB Vice-Chair
from January 1, 2000, to December 31, 2000. The motion was duly seconded.
There were no other nominations. The motion carried unanimously.
ITEM G - ADJOURNMENT
The meeting adjourned at 4:55 p.m.
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY,
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME. FIRST NAME. MIDDLE NAME NAME OF BOARD, COUNCil, COMMISSION AUTHORITY OR
-r COMMITTEE C /.J b
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THE BOARD, COUNCIL, CO ISSION, AUT ORITY OR
COMMITTEE ON WHICH I SERVE IS A UNIT OF:
CITY 0 COUNTY 0 OTHER lOCAL AGENCY
NAME OF POLITICAL SUBIVlS10N:
C,- ckor; v~~ftV'
MY POSITI
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COUNTY
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CITY
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o ELECTIVE
WHO MUST FILE FORM 88
This form iu for \me by an person serving at the county, city, or other local 1eV91 of government on an appointed or elected board, council,
commission, aulhOOty, or committe0. It applieG equally to membero of advisory and non-advisory bocfoes who are presented with a voling
cooftict of interest under Set.-tion 112. 31~, Florida StaMes.
Your responsibilities under the law when faced with a measure in which you have a conflict ot interest will vary grelltly depending on whether
you I'dd Dn oIective or appointive position, For this reason, please pay close attention to the instructions on this form before completing the
reverse aide and filing tho foml.
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
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A person holding oloctive or appointr0/9 county, municipil. or othBr local public office MUST ABSTAIN from voling on a measure whJ;h inures
to his spedal privata gtIin, Each elected or appointed local officer also is prohibited from know;ngly voting on a measure which inures to the
special gain of a principal (ottIer th;.;an a government agency) by whom he is retained (inclUding the parent organization or subsidiary of a
corporate princip;1 by Ythich he if! retclined); to the speoclal private gain of a relative; or to thoe Gpocial private gain of a oosiness llSSOC1<:lte,
Commissioners of community redevOlopment agencles under Sec. 163,356 or 163.357, F,S" and offieors of independent special tax districts
elected on a one-acr&, one-vote ba6i5 are not prohibited from voting in th;.;at capacity.
For purposes of this law, a -relative- Includes only the offlCOr's fathor, mother, son, daughter. husb;lnd, wifs, father-in-law, mother-in-law,
son-in-law, and dQughter-in-law. A "businos.s associate- means any person or entity engaged in or carrying on a business enterprise WIth the
officor as a partner. joint ventlJrsr, co-owner of property, or corporate shareholder (where the shares of the corporation are not listed on any
national or reglon..1 stock excrn:Jngo).
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ELECTED OFFICERS:
In addition to abstaining from voting in tho sitJJalions described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to tOO as.o;embly the ~tlJte of your Interest in the measure Oft which you are
abstainlng from voting; end
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes
of the mooting. who should i~te the fonn in tha mlnuteB.
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APPOINTED OFFICERS:
Although you must abstain from voting in tho situations described above, you otherwise may participate in those matters. However, you
must disclose the natlJre of the conflict before making any attempt to influence the decision, whether orally or in wriling and whether made by
you or your direction.
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IF YOU INTEND TO MAKE ANY ATIEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
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. You must complete and file this form (before making any attempt to influence tho decision) with the person responsiblo for recording the
minutes of tho meeting, who will Incorporate the form In tho minutes.
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. A copy of the form must be providl!d immediately to the other members of the agency.
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. The form must be read publicly at the next meeting after the form is filed.
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CE Form SB. 1()"91
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rF YOU MAKE NO A TreMPT TO INFLUEf;Ce THE DECISION exCEPT BY DISCUSSION AT THE MEETING: '
· You moat dI.acloMn r:nIy the nnn of)'ClUJ' ccnI'Ict In the ~ before pertlc;lpQtlng,
· You nut ~ ft. bm and "-It wlZhIn 15 dIy. dw !he'vote oc:a.n wi1h ~ pwaon re:IpClflIit... for nK:ordlng the mInllt.es of the
meeting, who muet ~ !he farm In h ~ A 0Clp)' of the fom1 must be provided Immedlaitely to the other members of the
1O'flCY, If'Id tM form rnu.t be reed pubicf't It the next mNt1ng II'lw u-.. form II ftMd.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
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jnuroo to my special privata g;in;
Inured to thG special gain of my buslneaa a$$oci:.M.
Inured to tho special gain of my retative.
>( Inured to the special gain of R-U??) c;r c.~. &_-L
inured to tho special gain of
organization or subsidiary of Q principal which has retlillnod me.
(b) The measure before my agency and tho n2t1.Jro 07 my conmctinQ In~erest In the rne2suro is ;;18 follows:
. whom I ;am retained; or
, which Is the parent
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~"2,317 (1991), A FAILURE TO MAKE ANY REOUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL
OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOITlON, REDUCTIONS IN SALARY. REPRIMAND. OR A CIVIL PENALTY
NOT TO EXCEED $5.000.
CE Form 88. 10.91
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