08/16/2012 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
August 16, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are agenda order although not
necessarily discussed in that order.
1. Call to Order— Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Rev. Glad McCurtin from St. John's Episcopal Church.
3. Pledge of Allegiance — Councilmember Bill Jonson
4. Presentations — None.
4.1 No item
5. Approval of Minutes
5.1 Approve the minutes of the August 2, 2012 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the August 2, 2012 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda — None.
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Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve amendments to the Clearwater Comprehensive Plan removing
provisions and maps associated with implementing school concurrence,
amending certain provisions of the Capital Improvements Element for
consistency with Florida State Statutes and updating Map A-3 Future Land Use:
2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area
(Including Coastal High Hazard Area), and pass Ordinance 8334-12 on first
reading. (CPA2012-04001)
In 2011, the Florida Legislature passed the Community Planning Act, which
removed state-mandated concurrency requirements for schools for all local
governments. The School Planning Workgroup, which consists of staff from each
of the local governments previously required to implement school concurrency,
the School District, and the Pinellas Planning Council, met in July 2011 to review
the legislative changes and options, and subsequently recommended to the
Pinellas Schools Collaborative that school concurrency be discontinued. The
Collaborative, which consists of elected officials from Pinellas County, twelve
municipalities, and the School Board, agreed with the Workgroup's
recommendation and voted to approve amendments to the Public Schools
Interlocal Agreement in April 2012 that eliminated the sections related to the
implementation of school concurrency. At their June 20, 2012 meeting, the
Clearwater City Council approved these amendments to the Public Schools
Interlocal Agreement. Amendments to the Clearwater Comprehensive Plan are
needed to remove references to school concurrency in several Elements of the
Plan.
The Community Planning Act (2011) also revised statutory requirements related
to the Capital Improvements Element. The Act maintained the requirement that
the Capital Improvements Element be reviewed annually, but updates to the
schedule of capital improvements may now be processed by ordinance and will
not be considered amendments to the Plan, thereby eliminating the need to
submit the annual update for state review. The Act also eliminated the
requirement for the element to demonstrate financial feasibility. Therefore, this
amendment revises the Capital Improvements Element by modifying policies
related to these provisions.
Several miscellaneous map items are also included within this proposed
amendment.
Proposed Ordinance 8334-12 includes the following amendments:
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Amends the table of maps for language to be consistent with the proposed
amendments in this ordinance.
Deletes portions of the Future Land Use Element, Intergovernmental Coordination
Element, Capital Improvements Element and Public School Facilities Element
related to school concurrency implementation.
Amends language in the Coastal Management Element that references map E-1
to be consistent with the new proposed maps E-1A and E-1 B (Coastal Storm
Area).
Amends the Capital Improvements Element to be consistent with Florida State
Statutes by removing requirements that an update to the schedule of capital
improvements necessitates an amendment to the comprehensive plan and that
this schedule of improvements be financially feasible. The financially feasible
requirement is replaced with a provision requiring that projects listed in the 5-year
schedule be identified as funded or unfunded and given a level of priority.
Amends Map A-3 Future Land Use: 2018 to have consistent legend nomenclature
with the table after Policy A.2.2.1 (updating the "Water—Water/Drainage Feature"
classification and the "Drainage Feature Overlay" classification).
Amends Map A-14 Citywide Design Structure which showed La Belle Plaza, a
Multi-Neighborhood Shopping Center located on the east side of Highland Avenue
north of Belleair Road, as extending all the way to Nursery Road. The proposed
amended map depicts the correct parcel boundaries of La Belle Plaza with the
northern parcel boundary lying approximately 315 feet south of Nursery Road.
Amends Map E-1 Coastal Storm Area by replacing it with two maps, one showing
the west, or Gulf, side of the City (E-1 A) and the other showing the east, or Bay,
side of the City (E-1 B). In 2010, the Florida Department of Community Affairs
officially recognized the most recent update of the Sea, Lake, and Overland
Surges from Hurricanes (SLOSH) computerized storm surge model, prepared by
FEMA in 2009, which is used in determining the location of the Coastal High
Hazard Area (CHHA) and the City's Coastal Storm Area (CSA). With the release
of the updated model, new maps must be adopted into local comprehensive
plans.
Deletes all maps associated with the Public School Facilities Element. These
maps will be moved to the Comprehensive Plan's data and analysis section,
thereby eliminating the need to amend the plan when this map series is updated.
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The Community Development Board (CDB) reviewed the proposed amendment at
its meeting on July 17, 2012 and unanimously recommended the amendment for
approval.
Vice Mayor Paul Gibson moved to approve amendments to the Clearwater
Comprehensive Plan removing provisions and maps associated with implementing
school concurrency, amending certain provisions of the Capital Improvements Element
for consistency with Florida State Statutes and updating Map A-3 Future Land Use:
2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area (Including
Coastal High Hazard Area). The motion was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to pass Ordinance 8334-12 on first reading. The
motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.2 Approve amendments to the Community Development Code addressing the
general provisions of the Code, docks, fences and walls, tree removal permits,
temporary uses, Level One (minimum development standards) approvals, and
definitions and pass Ordinance 8349-12 on first reading.
The Clearwater Business Task Force (BTF) was established on April 7, 2011 by
the City Council to provide feedback on the current rules and regulations affecting
businesses and business development. The BTF submitted its final report to City
Council on August 29, 2011. The report consisted of 71 recommendations to
change public perceptions about being business friendly, streamline development
application processes and enable greater signage flexibility. City staff reviewed
each of the recommendations and presented to City Council ideas as to how
some of them may be adopted as well as a prospective timeframe for these
adoptions to occur. At the direction of the City Council, staff prepared a text
amendment to the Community Development Code (CDC) addressing the more
straightforward recommendations of the BTF as well as a few amendments
proposed by staff. These changes were reviewed by the Community Development
Board (CDB) at its meeting of December 20, 2011, at which time the Board
recommended the approval of the amendment. City Council passed and adopted
the Ordinance on second reading on February 2, 2012. Staff is now proposing a
second text amendment to address further recommendations of the BTF or that
would otherwise assist in fulfilling their goals, as well as additional items proposed
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by staff. Ordinance 8349-12 includes amendments addressing numerous
sections of the CDC; some of which are a result of the recommendations of the
BTF while others are initiated by staff.
Below is a summary of the substantive amendments included in the ordinance.
• Increases the maximum amount of floor area able to be occupied by
accessory uses to an overnight accommodation use in the Tourist District
from 10 percent to 15 percent through the Flexible Standard Development
(FLS) process, and from 15 percent to 20 percent through the Flexible
Development (FLD) process;
• Establishes the Retail Plazas use in the Commercial (C), Tourist (T), and
Downtown (D) Districts within all available use tiers. The use allows for
interchangeability between certain uses within a retail shopping center
development;
• Separates the Bars use from the current Nightclubs, Taverns and Bars use,
and provides for definitions that distinguish the uses from one another;
• Expands the Mixed Use into the Minimum Standard and Flexible Standard
Development (FLS) tiers of the Commercial (C) District;
• Modifies the lot area, lot width, maximum height, front setback and/or rear
setback for the Office, Restaurant, and Retail Sales and Services uses
within the Flexible Standard Development (FLS) tier of the Commercial (C),
Tourist (T), and/or Office (0) Districts so that more applications may be
processed administratively;
• The off-street parking requirements for Assisted Living, Community
Residential Homes, Detached Dwellings, Medical Clinics, Nursing Homes,
and Offices are modified to be consistent throughout the CDC;
• The off-street parking requirement for Restaurants is reduced from 15 to
12/1,000 square feet of gross floor area with the exception of the
Downtown (D) District where the parking is reduced from 12 to 10/1,000.
The reductions in off-street parking rates are based upon staff experience
with development proposals, as well as comparisons to other municipal
codes and Institute of Traffic Engineers (ITE) parking generation data;
• Allows the establishment of Restaurant and/or Retail Sales and Services
uses on those properties within the Retail and Restaurant District of Beach
by Design without the provision of off-street parking;
• Allows swimming pools/decks that are accessory to an Attached Dwellings,
Overnight Accommodations, or Resort Attached Dwellings use on
Clearwater Beach to be permitted with a rear setback of zero feet;
• Clarifies that only one dock structure is permitted for a single-family or two-
family dwelling;
• Numerous changes clarifying the provisions of Article 3, Division 8, Fences
and Walls; and
• Establishes the temporary use, Temporary Buildings
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During Construction to allow businesses that are in the midst of renovations to
be able to bring temporary buildings onto the site and still be able to
function/operate. The CDB reviewed the proposed text amendment at its
meeting of July 17, 2012. The Board unanimously recommended the
amendment for approval.
In response to questions, Planning Manager Robert Tefft said change of uses for retail,
restaurants and office could be a Flexible Standard Development approval depending
on the lot size, lot area, side and rear setbacks, and parking. He said that the number
of Level 1 approvals has expanded and applicants have the right to appeal a decision to
the Community Development Board.
In response to a concern regarding lack of parking, Mr. Tefft clarified that in a 2-block
stretch on north Clearwater Beach, a parking garage could be built should an applicant
come forward.
Councilmember Jay Polglaze moved to approve amendments to the Community
Development Code addressing the general provisions of the Code, docks, fences and
walls, tree removal permits, temporary uses, Level One (minimum development
standards) approvals, and definitions. The motion was duly seconded and carried
unanimously.
Vice Mayor Paul Gibson moved to pass Ordinance 8349-12 on first reading. The motion
was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban
(RU) and Initial Zoning Atlas Designation of Low Medium Density Residential
(LMDR) District for 3075 and 3087 Cherry Lane (Consisting of a portion of the
south of the southeast of the northwest of the northwest of Section 16,
Township 29 South, Range 16 East); and pass Ordinances 8352-12, 8353-12
and 8354-12 on first reading. (ANX2012-05004)
This voluntary annexation petition involves a 0.248-acre property consisting of two
parcels of land occupied by two single-family dwellings. It is located on the
southwest corner of Cherry Lane and McMullen Booth Road. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
Council 2012-08-16 6
service from the City. The Planning and Development Department is requesting
that the 0.489-acres of abutting McMullen Booth Road right-of-way not currently
within the city limits also be annexed. The property is located within an enclave
and is contiguous to existing City boundaries to the south. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Urban
(RU) and a zoning category of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
The property currently receives water service from the City of Clearwater. The
closest sanitary sewer line was extended down the adjacent Cherry Lane right-of-
way at the property owner's expense. The applicant has paid the City's sewer
impact and assessment fees. Collection of solid waste will be provided by the City
of Clearwater. The property is located within Police District III and service will be
administered through the district headquarters located at 2851 N. McMullen Booth
Road. Fire and emergency medical services will be provided to this property by
Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexation will not have an adverse effect on public facilities and
their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4: Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed RU Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning district to
be assigned to the property is the Low Medium Density Residential (LMDR)
District. The use of the subject property is consistent with the uses allowed in the
District. The parcel located at 3075 Cherry Lane meets the District's minimum
dimensional requirements. The parcel located at 3087 Cherry Lane exceeds the
District's minimum dimensional requirements; however, the existing structure
Council 2012-08-16 7
exceeds the maximum height standards and encroaches into the setbacks
established for Minimum Standard Development in the LMDR District. Therefore,
when this property is annexed, the dwelling will be a non-conforming structure.
The proposed annexation is consistent with the Countywide Plan and the City's
Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the south; therefore the annexation is consistent with Florida Statutes Chapter
171.044.
Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low
Medium Density Residential (LMDR) District for 3075 and 3087 Cherry Lane (Consisting
of a portion of the south of the southeast of the northwest of the northwest of Section
16, Township 29 South, Range 16 East). The motion was duly seconded and carried
unanimously.
Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8352-12 on first
reading. The motion was duly seconded and upon roll call, the vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Councilmember Jay E. Polglaze moved to pass Ordinance 8353-12 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays None.
Vice Mayor Paul Gibson moved to pass Ordinance 8354-12 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
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"Nays None.
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8343-12 on second reading, relating to signs; amending
Section 102 of Article 8, Definitions and Rules of Construction of the Community
Development Code; Repealing Division 18 of Article 3, Development Standards,
of the Community Development Code and adopting a new Division 18, Signs, of
Article 3, Development Standards, of the Community Development Code.
Ordinance 8343-12 was presented and read by title only.
Councilmember Bill Jonson moved to amend Exhibit 1 of Ordinance 8343-12, Section 3-
1806.0 on page 11 to read as follows: Window signs may be located on any window
area provided such sign or combination of signs do not exceed twenty five percent
(25%) of the total window area on any facade. All signs located inside an enclosed area
for purposes of advertising shall be construed to be window signs. In no case shall the
cumulative area of all window signs on any facade exceed fifty square feet. The motion
was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to amend Exhibit 1 of Ordinance 8343-12, Section 3-
1807.B.4.c.ii on page 21 to read as follows: Plastic signs, white marker boards, letter
track panels (for manually changeable copy), acrylic/plastic panels, hand painted and
spray painted copy, tri-folded signs, signs supported by two or more legs that extend
three inches or more beyond the face of the sign, bases with hinged feet that fold flat
and other similar features and sign designs shall be prohibited. Swinger style sidewalk
signs shall also be prohibited unless of a unique design as determined by the
community development coordinator. The motion was duly seconded and carried
unanimously.
Councilmember Bill Jonson moved to amend Exhibit 1 of Ordinance 8343-12, Section 3-
1808.C.4.a on page 25 to read as follows: Attached signs—The maximum area
permitted for attached signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached. In no event shall the
size of an attached sign exceed one h undred fifty 200 square feet. For regional malls,
the maximum size of any attached sign that is otherwise allowed shall not exceed six
percent of the building facade facing the street, but in no case more than three hundred
square feet. The motion was duly seconded and carried unanimously.
Council 2012-08-16 9
One individual spoke in opposition.
Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8343-12 on second
and final reading, as amended. The motion was duly seconded and upon roll call, the
vote was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
City Manager Reports
9. Consent Agenda — Approved as submitted.
9.1 Approve a Joint Project Agreement with Pasco County to install natural gas
mains, by roadway contractor, along Ridge Road (CR 524) from Broad Street to
Moon Lake/Decubellis Road, as part of a roadway improvement project at an
estimated cost of$448.313.25, and authorize the appropriate officials to execute
same. (consent)
9.2 Approve Change Order 1 to Layne Inliner. LLC (Reynolds Inliner), in the amount
of$400.000.00 for sanitary sewer line cleaning and inspection at various
locations throughout the City of Clearwater for a new contract total of
$1.200.000.00, and authorize the appropriate officials to execute same.
consent
9.3 Authorize the City Attorney to allocate up to an additional $50.000.00 for defense
of Szlechta v. City and Rudman v. City through trial. (consent)
9.4 Authorize the City Attorney to hire Thompson. Sizemore. Gonzalez and Hearing
to represent the City in the case of John Klinefelter et. al v. City of Clearwater for
the total estimated amount of$50.000.00. (consent)
9.5 Authorize the City Attorney to utilize the legal services of Bob Reid. Esq. in
connection with the Operating and Use Agreement being negotiated for the
Capitol Theater in an amount not to exceed $20.000.
Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
Council 2012-08-16 10
10. Other Items on City Manager Reports
10.1 Approve the request to change the name of First Avenue North, a right-of-way
under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt
Resolution 12-13.
Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City
to change the name of First Avenue North to Dimmitt Drive. The subject street
extends from its western terminus at US Highway 19 North to its eastern
terminus at Chautauqua Avenue for a total length of approximately 546 feet.
Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the
north and south sides of First Avenue North; both owners are associated with
the Dimmitt dealership operations.
Pinellas County and the local Postmaster of the United States Postal Service
have each submitted a letter of no objection to the request.
The Engineering Department conducted an interdepartmental review of the
request. Representatives of all City departments, potentially affected by the
vacation, have no objection to the request.
Vice Mayor Paul Gibson moved to continue Item 10.1 to September 6, 2012. The
motion was duly seconded and carried unanimously.
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Declare City-owned property at 401 Cleveland Street (Property) as needed for
municipal purposes other than the purpose provided for in that certain lease
entered into between the City of Clearwater (City) and the Greater Clearwater
Chamber of Commerce (Chamber) on January 27, 2011, which currently
encumbers the Property: and authorize staff to provide sixty days notice to the
Chamber of termination of the current lease for municipal purpose as provided
for in Section 17(d) of the lease.
The City entered into an Amended and Restated Business Lease Contract
(Lease) with the Greater Clearwater Chamber of Commerce on January 27,
2011 for the Chamber's occupancy of City-owned property at 401 Cleveland
Street. The current Lease expires on February 28, 2013. Pursuant to the Lease,
the City may terminate the Lease upon determination by the City Council at a
Council 2012-08-16 11
duly constituted City Council Meeting that the Lease premises are needed for
other municipal purposes. The City and Ruth Eckerd Hall, Inc. are negotiating
the terms of a lease for the expansion, renovation and operation of the Capitol
Theatre. 401 Cleveland Street is adjacent to the Capitol Theatre and is included
in the theatre expansion and renovation plans. Ruth Eckerd Hall, Inc. has
approached the City with a request for access to the Property by the first week
of November 2012 to begin renovations. With direction from Council, staff will
provide sixty days notice of termination of the Lease to the Greater Clearwater
Chamber of Commerce.
Councilmember Doreen Hock-DiPolito declared a conflict of interest and abstained from
voting.
Councilmember Jay Polglaze moved to declare City-owned property at 401 Cleveland
Street (Property) as needed for municipal purposes other than the purpose provided for
in that certain lease entered into between the City of Clearwater (City) and the Greater
Clearwater Chamber of Commerce (Chamber) on January 27, 2011, which currently
encumbers the Property; and authorize staff to provide sixty days notice to the Chamber
of termination of the current lease for municipal purpose as provided for in Section 17(d)
of the lease. The motion was duly seconded and carried unanimously.
Resolution 12-14 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 12-14. The motion was duly seconded and upon roll call, the vote
was:
'Ayes Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill
Jonson, and Councilmember Jay E. Polglaze.
"Nays None.
12. Other Council Action
12.1 Resolution Endorsing Establishment of a Comprehensive Public Transit System -
Councilmembers Hock-DiPolito and Jonson
Councilmember Doreen Hock-DiPolito and Councilmember Bill Jonson reviewed
changes to the resolution suggested during the August 13, 2012 Council Work Session.
Council 2012-08-16 12
Councilmember Bill Jonson moved to endorse establishment of a Comprehensive
Public Transit System. The motion was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to substitute the resolution presented at work
session with amended resolution, to include exhibits from original resolution. The
motion was duly seconded and carried unanimously.
Vice Mayor Paul Gibson moved to amend Section 6 to read: The City of Clearwater
urges the development of a cost-benefit analysis documentation relating to alternative
design options and their benefits prior to any funding referendum and City of Clearwater
support is subject to final cost and benefit documentation reviews. The motion was duly
seconded and carried unanimously.
Resolution 12-15 was presented and read by title only. Councilmember Doreen Hock-
DiPolito moved to adopt Resolution 12-15 as amended. The motion was duly seconded
and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
13. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events and encouraged
business owners to cleanup properties prior to the Republican National Convention
(August 27 —August 30) and place signs welcoming delegates.
14. Adjourn
The meeting was adjourned at 7:10 p.m.
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Council 2012-08-16 13
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST Z\ tt,\AM DLE NAME NAM OARD,COUNCIL, ION,AUTHORITY-s1/4. EE
MAILING L DRESS ` ^ (1 THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITT E ON
\ ,\ QV C/) f`\x) WHICH I SERVE IS A UNIT OF:
CITY ' \ jjUNTY CIJ ❑COUNTY OTHER LOCAL AGENCY
C ` Air � ` ME OF POLITICAL SUBDIVISION:•
DATE ON WHICH VOTE OCCURRED .la ` MY POSITION IS: );j3
\ ' , LECTIVE I] APPOINTIVE .
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict 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.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-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 national or regional stock exchange).
. . . . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
. . . . * . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
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TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
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• The form must be read publicly at the next meeting after the form is filed.
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• You must disclose orally the nature of your conflict in the measure before participating. ,
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agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
l Q ,��y �ereby disclose that on \C? 20 I...
(a)A measure came or will come before my agency which(check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ,
inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained;or
inured to the special gain or loss of_ ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
;!fit w► 11. I — b.e c IQ v.-2- C;h,i-o INN ci p+'upL-+'icl c`{- -':-1,';A CQ,i,u:ire -t ()_S V' OL ce
\ •In.\\____\______D--
Date Fi ed ` Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2