03/02/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 2, 2006
Present: Frank V. Hibbard Mayor
William C. Jonson Vice-Mayor
Hoyt P. Hamilton Councilmember
Carlen A. Petersen Councilmember
John Doran Councilmember
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Rod Irwin Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The Vice-Mayor offered
the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 Introductions and Awards:
- None.
5 Presentations:
5.1 Got Gov Graduates
Got Gov graduates were acknowledged and congratulated.
5.2 Clearwater Veterans' Appreciation Day
Michael O'Meara and Bob Swick thanked the City for their efforts to acknowledge
veterans.
6 Approval of Minutes
6.1 February 16, 2006
AND
6.2 Special Meeting – February 13, 2006
Councilmember Petersen moved to approve the minutes of the regular meeting of
February 16, 2006, and the Special Meeting of February 13, 2006, as recorded and submitted in
motion
written summation by the City Clerk to each Councilmember. The was duly seconded.
Councilmembers Hibbard, Hamilton, Petersen, and Doran voted “Aye.” Councilmember Jonson
carried.
was absent. Motion
7 Citizens to be Heard re Items Not on the Agenda
Jaycee Roth requested a Code amendment to allow a dog spa with overnight boarding
Council 2006-03-02 1
in downtown.
Consensus was for staff to look at allowing the use with no outdoor kennels.
Anne Garris expressed concern the Council is not listening to the public regarding what
they want in their waterfront park.
A concern was raised that artist contracts do not include penalties for use of obscenities
while performing in Coachman Park. The majority felt that would not be practical.
Public Hearings
8 Administrative public hearings
8.1 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach
and Design Guidelines (BBD) that revise uses, building heights, stepbacks, setbacks,
landscaping and parking access for the Old Florida District; that eliminate the live/work product
in the Marina Residential District; that increase the maximum density for overnight
accommodations; and that clarify the transfer of development rights provisions and Pass
Ordinance #7546-06 on first reading.
Assistant Planning Director Gina Clayton said the Planning Department began a study of
the Old Florida District in 2005, as directed by the City Council, in order to address the
discrepancy between the area’s zoning and land use patterns and that which was
recommended for development in BBD (Beach by Design). Subsequent to the ideas generated
by four public meetings in the Old Florida District and input from City Council at Work Sessions
on August 29, 2005 and January 19, 2006, revisions were developed relating to uses, building
heights, stepbacks, setbacks, landscaping, and parking access for the Old Florida District.
Due to lack of clarity regarding the definition of a live/work product and the apparent lack
of market for such uses on the beach, the Planning Department is proposing to eliminate the
live/work product reference in the Marina Residential District.
In order to assist in the development of new hotels, the Planning Department is
proposing to increase the maximum permitted density for overnight accommodations on
Clearwater beach from 40 to 50 units per acre.
The Department also is proposing revisions to the transfer of development rights
provisions (TDR) to allow unlimited use of TDR for hotel development. Furthermore, restrictions
are proposed to limit the transfer of the additional hotel density granted by the proposed
amendments.
The Planning Department determined that BBD amendments are: 1) Consistent with and
further the goals, policies and objectives of the Comprehensive Plan and 2) Further the
purposes of the Code and other City ordinances and actions designed to implement the Plan.
Councilmember Hamilton declared a conflict.
Discussion ensued regarding these Code amendments resulting in creating three
nonconforming uses in this area and therefore making it difficult or impossible to obtain property
insurance or refinancing for those nonconforming properties. Staff recommended language to
Council 2006-03-02 2
allow restaurants to be located on the Gulf of Mexico and to provide a window of opportunity to
preserve recent approvals under current regulations. Consensus was for staff to draft language
for Council review.
In response to questions, Planning Director Michael Delk said in many cases, properties
on the east side of Mandalay Avenue would provide parking in the rear, use alleyways and on-
street parking, as zero front setbacks are desired for that portion of Mandalay.
Three persons spoke regarding the proposed amendments.
Discussion ensued regarding requiring additional setbacks and landscaping for height
over 35 feet. It was noted CDB (Community Development Board) had requested the ability to
require developers to provide better designs. Some concern was expressed regarding Old
Florida District lots are small and some projects could not meet parking and other requirements
if setbacks are increased. Staff were complimented for their effort.
motion
Councilmember Jonson moved to continue Item #8.1 to March 16, 2006. The
was duly seconded. Councilmembers Jonson, Petersen, Doran and Mayor Hibbard voted
carried.
“Aye.” Councilmember Hamilton abstained. Motion
8.2 Continue to March 16, 2006 approval of amendments to the Community Development
Code relating to the Neighborhood Conservation Overlay District (NCOD) & Ordinance #7582-
06 on first reading.
motion
Councilmember Petersen moved to continue Item #8.2 to March 16, 2006. The
carried
was duly seconded and unanimously.
9 Quasi-judicial public hearings
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas
Amendment from the County R-4, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 2066 The Mall (Lot 1, Block G, Brooklawn Subdivision in
Section 3-29-15; and Pass Ordinance #7588-06, #7589-06 & #7590-06 on first reading.
This annexation involves a 0.11-acre property consisting of one parcel, located on the
northeast corner of The Mall Street and Arbelia Street. The property is contiguous with the
existing City boundaries to the east; therefore, the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. The applicant is requesting this
annexation in order to receive solid waste service from the City. It is proposed that the property
be assigned Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the city boundaries and does
not create an enclave.
Council 2006-03-02 3
This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff
in accordance with the provisions of Pinellas County Ordinance #00-63, Section 7(1-3), and no
objections have been raised. The CDB reviewed this proposed annexation at its regularly
scheduled meeting on January 17, 2006 and unanimously recommended approval.
Councilmember Doran moved to approve the Petition for Annexation, Future Land Use
Plan Amendment from the County Residential Urban (RU) Category to the City Residential
Urban (RU) Category and Zoning Atlas Amendment from the County R-4, Single-Family
Residential District to the City Low Medium Density Residential (LMDR) District for 2066 The
motion
Mall (Lot 1, Block G, Brooklawn Subdivision in Section 3-29-15). The was duly
carried
seconded and unanimously.
Ordinance #7588-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7588-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7589-06 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7589-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7590-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7590-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, Doran, and Hibbard.
"Nays": None.
Absent: Hamilton.
9.2 Approve the Future Land Use Plan Amendment from the Residential High (RH) Category
to the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium
High Density Residential (MHDR) District to the Tourist (T) District in the Old Florida District as
defined in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines
and Pass Ordinance #7547-06 and #7548-06 to amend the Future Land Use Plan Map and
Zoning Atlas on first reading. (LUZ2005-10013)
The subject site is comprised of 43 parcels of land totaling 7.94 acres in area located on
Clearwater Beach generally between Mandalay Avenue and the Gulf of Mexico between
Kendall Street and the north side of Somerset Street. The applicant is requesting to amend the
Future Land Use Plan Map designation of this site from the Residential High (RH) Category to
the Resort Facilities High (RFH) Category and Zoning Atlas Amendment from the Medium High
Council 2006-03-02 4
Density Residential (MHDR) District to the Tourist (T) District that will allow attached dwellings,
overnight accommodations and limited commercial uses in this area.
The Planning Department determined that the proposed future land use plan amendment
and rezoning applications are consistent with the following standards specified in the
Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with
the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4)
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Review and approval by the Florida Department of
Community Affairs is not required. The CDB reviewed these applications at its public hearing
on December 20, 2005, and unanimously recommended approval of the application.
Councilmember Doran moved to approve the Future Land Use Plan Amendment from
the Residential High (RH) Category to the Resort Facilities High (RFH) Category and Zoning
Atlas Amendment from the Medium High Density Residential (MHDR) District to the Tourist (T)
District in the Old Florida District as defined in Beach by Design: A Preliminary Design for
motion carried
Clearwater Beach and Design Guidelines. The was duly seconded and
unanimously.
Ordinance #7547-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7547-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7548-06 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7548-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10 Second Readings - public hearing
10.1 Adopt Ordinance #7597-06 on second reading, repealing Chapter 30, Article V.
Clearwater Code or Ordinances, relating to tolls on the Clearwater Pass Bridge.
Ordinance #7597-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7597-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2006-03-02 5
10.2 Adopt Ordinance #7601-06 on second reading, vacating that part of the five-foot
drainage and utility easement lying along the west property line of Lot 1, Block A, Bayside
Subdivision Number 5.
Ordinance #7601-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7601-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.3 Adopt Ordinance #7602-06 on second reading, vacating the triangular blanket storm
sewer easement lying west of lot 21, Sue Barco subdivision, subject to an existing 30-inch storm
sewer easement lying along and across said property.
Ordinance #7602-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7602-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.4 Adopt Ordinance #7583-06 on second reading, vacating the 15-foot utility easement
located between the easterly right-of-way line of Belcher Rd., and the north property line of Lot
95, Village on the Green Patio Homes Subdivision.
Ordinance #7583-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7583-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.5 Adopt Ordinance #7585-06 on second reading, annexing certain real property whose
post office address is 3012 Grand View Avenue, into the corporate limits of the City, and
redefining the boundary lines of the City to include said addition.
Ordinance #7585-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7585-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2006-03-02 6
10.6 Adopt Ordinance #7586-06 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to designate the land use for certain real
property whose post office address is 3012 Grand View Avenue, upon annexation into the City
of Clearwater as Residential Low.
Ordinance #7586-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7586-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
10.7 Adopt Ordinance #7587-06 on second reading, amending the Zoning Atlas of the City by
zoning certain real property whose post office address is 3012 Grand View Avenue, upon
annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance #7587-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7587-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
City Manager Reports
11 Consent Agenda - Approved as submitted
.
11.1 Approve settlement of the liability claim of Deana Auld and authorize payment of
$32,844.88.
11.2 Approve increasing the award by purchase order to Williams Scotsman, Inc. for a custom
modular building at the Clearwater Airpark to $243,000 and authorize the appropriate officials to
execute same.
11.3 Declare as surplus and authorize trade-in G2323, 2000 New Holland TS110 w/ Motrim
26-foot boom and 60-inch rotary cutter; award a contract to Alamo Direct Govt. Sales for the
purchase of one John Deere 7220 tractor with Alamo Maverick 30-foot Boom with 60-inch rotary
cutter for $93,564.08 and authorize the lease purchase of the tractor.
11.4 Approve a 5-year Management Agreement with Robert E. and Patricia A. Smith,
husband and wife, to oversee 444 acres, more or less, of City-owned agricultural lands in
Sections 19 and 20, Township 27 South, Range 17 East, Hillsborough County, Florida, in
consideration of the undertakings, promises and agreements contained therein, and authorize
appropriate officials to execute same.
11.5 Accept a perpetual Sidewalk Easement containing 50 square feet, more or less, and a
perpetual Sanitary and Utility Easement containing 1,490 square feet, more or less, over
respective portions of Lots 3, 4 and 21, LONGVIEW SUB., conveyed by Liberty Bank, a Florida
corporation, in receipt of $1 and the benefits to be derived therefrom.
Council 2006-03-02 7
11.6 Accept a perpetual 10-foot Fire Hydrant and Utility Easement over and across a portion
of the North 240 feet of Lot 1, SUNSET OAKS, conveyed by Luverne M. Loken, as Trustee of
the Luverne M. Loken Trust dated May 12, 1994, in receipt of $1 and the benefits to be derived
therefrom.
11.7 Approve a Contract For Sale of Real Property with Pinellas Habitat For Humanity, Inc.
("Habitat") to sell real property legally described as SPRINGFIELD SUBDIVISION, Block 2, Lot
5 for the sum of $47,500, and authorize appropriate officials to execute same, together with
related instruments required to effect closing.
11.8 Ratify and confirm Change Order No. 1 to A & L Underground, Inc. of Largo, Florida for
the Stevenson Creek Water Main Replacement Contract (#04-0037-UT), increasing the contract
amount by $225,538.50, for a new total of $648,569.90 and approve a time extension of 18
days.
11.9 Approve Change Order #3 to MYRTLE AVENUE ROADWAY AND DRAINAGE
IMPROVEMENTS (#00-0034-EN) to Westra Construction Co. of Palmetto, Florida for an
increase of $172,862.96 for a new contract total of $13,991,284.86.
11.10 Appoint Charles A. Cashman to the Marine Advisory Board with the term expiring on
March 31, 2010.
Councilmember Petersen moved to approve the Consent Agenda as submitted and that
motion
the appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
12 Other items on City Manager Reports
12.1 Approve submission of an application for federal funding in the amount of $66,807 to the
U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) under the Edward
Byrne Memorial Justice Assistance Grant (JAG) program.
Councilmember Petersen declared a conflict of interest.
The Police Department would like to submit an application for federal grant funding in the
amount of $66,807 for continuation of its award-winning program, Operacion Apoyo Hispano
(Operation Hispanic Outreach). There is no cash match or additional personnel associated with
this grant. The application proposes that the City continue its very successful partnership and
contractual relationship with the YWCA of Tampa Bay for services necessary for operation of
Operacion Apoyo Hispano, which consists of advocacy, interpretation, translation of documents,
and crime prevention/education activities. These contractual expenses will be incurred during
the one-year period of October 1, 2007 - September 30, 2008. USDOJ/BJA requires that all
JAG grant applications be reviewed and approved by the City Council before USDOJ/BJA will
consider approval of grant funding.
Councilmember Jonson moved to approve submission of an application for federal
funding in the amount of $66,807 to the U.S. Department of Justice/Bureau of Justice
Assistance (USDOJ/BJA) under the Edward Byrne Memorial Justice Assistance Grant (JAG)
motion
program. The was duly seconded. Councilmembers Jonson, Hamilton, Doran and
carried.
Mayor Hibbard voted “Aye.” Councilmember Petersen abstained. Motion
Council 2006-03-02 8
12.2 Approve an Interlocal Agreement with Pinellas County for the establishment and
operation of an Advanced Traffic Management System/Intelligent Transportation System
(ATMS/ITS) and authorize the appropriate officials to execute same.
This Interlocal Agreement establishes the working relationship between the City of
Clearwater and Pinellas County in all matters relating to the Countywide ATMS/ITS systems.
The following items in the agreement are of special interest: 1) Establishes that City statutory
authority over County roads in the City limits will be turned over to the County once ATMS/ITS
devices are deployed; 2) Mandates that the County contract with the City for City forces to do
the maintenance on all the traffic signal hardware; 3) Establishes that the County will pay the
city the same rate for maintenance that the County receives for maintenance of other cities
signals; 4) Establishes a supervisory work group comprised of the Public Works Administrators
of Clearwater and the County with a FDOT (Florida Department of Transportation)
representative to oversee the overall operation of the system and to maintain the standards of
operation and maintenance; 5) Establishes that the County will be responsible for the
maintenance costs of all the ATMS/ITS devices on the corridors including the power bill for the
signals; and 6) Establishes that a City employee will be provided, at City expense, in the
Primary Control Center to represent the City in issues relating to the operation of the system.
County Commissioner Karen Seel and County Administrator Steve Spratt spoke in
support of this partnership and thanked city staff for their efforts.
Councilmember Jonson moved to approve an Interlocal Agreement with Pinellas County
for the establishment and operation of an Advanced Traffic Management System/Intelligent
Transportation System (ATMS/ITS) and authorize the appropriate officials to execute same.
motioncarried
The was duly seconded and unanimously.
12.3 Pass Ordinance #7598-06 on first reading, amending Ordinance #7371-05 vacating the
60-foot portion of the right-of-way of First Avenue, bounded on the east by a line 18 feet west of
and parallel to the westerly right-of-way line of Coronado Drive and bounded on the west by the
easterly right-of-way line of Gulf View Boulevard as more particularly described in the
ordinance; subject to special conditions; amending the special conditions.
In Ordinance #7371-05 the City Council granted the vacation, requested by K and P
Clearwater Estate, LLC, of a portion of the First Avenue right-of-way, subject to special
conditions that have not been met.
Ordinance #7598-06 provides an amendment that changes the date of commencement
of vertical construction of the project described in the Development Agreement between the City
of Clearwater and K and P Clearwater Estate, LLC, from three years from the date of adoption
of Ordinance #7371-05 to March 3, 2008. The amended conditions include an additional
condition which requires payment by the Developer of the cost of construction of the Relocated
First Street or the posting of security sufficient to guarantee construction of the Relocated First
Street as provided in the Development agreement.
Councilmember Doran moved to amend Ordinance #7371-05, vacating the 60-foot
portion of the right-of-way of First Avenue, bounded on the east by a line 18 feet west of and
parallel to the westerly right-of-way line of Coronado Drive and bounded on the west by the
easterly right-of-way line of Gulfview Boulevard as more particularly described in the ordinance;
motion
subject to special conditions; amending the special conditions. The was duly seconded
Council 2006-03-02 9
carried
and unanimously.
Ordinance #7598-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7598-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.4 Approve a Work Order from the City of Clearwater to Owen Ayres & Associates, Inc.
(EOR) to redesign the Clearwater Beach West Bridge/Spur Connector project for a lump sum
amount of $175,000 and authorize the appropriate officials to execute same.
On September 19, 2005, the City of Clearwater received the lowest competitive bid from
PCL Civil Construction of Tampa, Florida, in the amount of $5,287,269.35 to construct a cable
stayed pedestrian bridge over Mandalay Channel.
The low bid exceeded the total federal and local funding in the amount of $3,880,000 for
bridge construction and CEI (Construction Engineering & Inspection). In order to preserve the
federal funding of $3,371,009, FDOT agreed to the City’s commitment to redesign the initial
cable stayed pedestrian bridge.
The redesigned bridge will be a multi-span pre-cast pre-stressed concrete structure, and
shall provide a navigational clearance equal to the existing SR 60 roadway bridge. The
controlling vertical navigational clearance will be maintained at one of the spans near the middle
of the existing channel.
The Consultant will prepare the final redesigned documents and construction plans for
the new multi-span concrete structure. Elements of work shall include technical specifications
and special provisions, proposal with phased cost estimates, bridge structural analysis,
approach trails construction plans, hydraulic and scour analysis for a multiple span structure,
reviewed geotechnical analysis with updated report, monitoring of materials and construction
costs throughout the whole design process, permits’ modification, and all other work necessary
and incidental to the completion of the project. The anticipated completion date for the technical
specifications and final construction plans shall be within 180 calendar days from the Notice to
Proceed.
Councilmember Petersen moved to approve a Work Order from the City of Clearwater to
Owen Ayres & Associates, Inc. (EOR) to redesign the Clearwater Beach West Bridge/Spur
Connector project for a lump sum amount of $175,000 and authorize the appropriate officials to
motioncarried
execute same. The was duly seconded and unanimously.
12.5 Approve the collective bargaining agreement as negotiated between the City of
Clearwater and CWA Local 3179 for Fiscal Years 2005/06, 2006/07, and 2007/08.
The most recent collective bargaining agreement between the City of Clearwater and
CWA Local 3179 expired on September 30, 2005. City management staff and representatives
of CWA Local 3179 met beginning in July of 2005 to negotiate a new contract. The parties
reached a tentative agreement on January 30, 2006. The Union submitted the proposed
agreement to its membership who ratified the agreement by a vote of 418 to 105 on February
Council 2006-03-02 10
23, 2006. The total cost of wage increases associated with the implementation of this
agreement is anticipated to be approximately $4.8 million over three years.
This is a three-year agreement containing the following major provisions:
Wages & Compensation:
Provide a 4% merit pay increase to employees not at their pay range maximum in year
one.
Provide a pro-rated merit increase based on 4% to employees not at their range
maximum and provide a one-time, seniority-based pay adjustment of between $250 and
$850 based on years of service effective October 1, 2006.
Provide a merit increase equal to 5% of the midpoint of the employees’ respective pay
range effective October 1, 2007. Adjust pay range minimums and maximums upward by
3% effective October 1, 2005, 3% effective October 1, 2006, and 3% effective October 1,
2007, providing employees at their range maximum with a 3% base salary increase and
the remainder of each raise as a lump sum bonus.
Increase Standby Pay incrementally over the life of the agreement from $10 to $25 per
night, $50 to $70 per weekend, and $30 to $40 during holidays.
Increase Solid Waste driver pay from $10 to $15 in year three.
Insurance and Wellness:
Maintain the current Benefits Committee health insurance recommendation process and
guarantee continuation of at least one plan providing 100% coverage for employee-only
health insurance for duration of agreement.
Provide free access to City recreational facilities for all bargaining unit members
effectively immediately.
Cease City’s participation in the “1%” Life Insurance program and increase City-paid
group term life insurance for all bargaining unit members from $2,500 to one-and-one-
half times annual salary up to a maximum of $50,000 effective September 30, 2008.
Leaves of Absence:
Maintain all current leave accruals and caps.
Clarify procedures related to leaves of absence.
Councilmember Doran moved to approve the collective bargaining agreement as
negotiated between the City of Clearwater and CWA Local 3179 for Fiscal Years 2005/06,
motioncarried
2006/07, and 2007/08. The was duly seconded and unanimously.
Council 2006-03-02 11
12.6 Approve a Streetscape Maintenance Memorandum of Agreement with the Florida
Department of Transportation, District Seven, so that aesthetic improvements can be made to a
portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the
Memorial Causeway Bridge) and Adopt Resolution #06-13 authorizing execution of said
Streetscape Maintenance Memorandum of Agreement.
The City of Clearwater desires to improve and beautify the medians and right-of-way for
S.R. 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial
Causeway Bridge). The State of Florida Department of Transportation, District Seven, has
allocated funds for landscape improvements in conjunction with the construction of the Memorial
Causeway Bridge. FDOT has established a budget of $712,000, which has previously been
approved by the City for these landscape improvements. Upon installation of the landscape
improvements, the City has agreed to maintain the same at its sole expense and in a
reasonable manner. The revitalization and landscape enhancements of SR 60 (Memorial
Causeway and Memorial Causeway Bridge) will leave a positive impression on visitors and
residents alike. The Department of Transportation requires a Streetscape Maintenance
Memorandum of Agreement to allow landscaping within their right-of-way. In the event the City
terminates this agreement, in accordance with Section 11, the FDOT reserves the right to
maintain, remove or restore the project, either with its own forces or through private contractors,
and charge the City for such maintenance, removal or restoration.
Due to this being a standard agreement with FDOT, FDOT was not inclined to make
changes as recommended by the City legal staff to document that the City nor FDOT is waiving
sovereign immunity as provided in FS 768.28 and to allow the City to have rights along with
FDOT to resolve claims rather than allowing FDOT to settle claims on their own.
Councilmember Jonson moved to approve a Streetscape Maintenance Memorandum of
Agreement with the Florida Department of Transportation, District Seven, so that aesthetic
improvements can be made to a portion of SR 60 (the east entrance to the Memorial Causeway
motion
Bridge and 770 feet west of the Memorial Causeway Bridge). The was duly seconded
carried
and unanimously.
Resolution #06-13 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #06-13 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.7 Approve a ten-year agreement from April 1, 2006 - March 31, 2016, between the City of
Clearwater and the Fastpitch Learning Academy, Inc., for the use of certain City facilities at the
Eddie C. Moore Softball Complex (fields 8 and 9) and authorize the appropriate officials to
execute same.
On January 15, 2004, the City Council approved a similar agreement with Fastpitch
Learning Academy, Inc. (FPLA). However, due to increased construction costs the City was not
able to construct the two batting tunnels as outlined in the agreement. Therefore, the parties
have agreed to a mutual termination of the agreement and a new agreement is being proposed
with the same principals.
Council 2006-03-02 12
Under this agreement, FPLA will provide the following services: a) Camps, clinics,
lessons and rehabilitation training for fastpitch softball and b) Make available to approved City
co-sponsored groups training equipment, which belongs to FPLA.
Under this agreement, the City will provide the following: a) Lawn, landscape and
ballfield maintenance for all areas within the complex; b) Exclusive use of one batting tunnel and
office space within the existing building as well as scheduled use of one or both fields; c)
Maintenance for all major capital components of the building, to include air conditioners, roof,
plumbing, electrical, etc.; d) Construct a second batting tunnel on the east side of the complex
by April 30,2007.
As part of this agreement, the City will receive 5% of all revenues collected from the
programs offered, as well as a $100,000 capital contribution. This will increase to 10% of all
revenues upon the completion of the east batting tunnel scheduled for completion by April 30,
2007. If for some reason the City fails to have the east batting tunnel available to FPLA by April
30, 2007, FPLA shall have an option of terminating the agreement in its entirety with a full
refund of the capital contribution, or continue to operate under the terms of the agreement, with
continued use of the west batting tunnel, at which time the City shall reimburse FPLA $50,000,
half of the initial capital contribution. No other in-kind services, supplies, labor, equipment, or
funding, whether on loan or for consumption, will be granted to the agency.
Councilmember Hamilton moved to approve a ten-year agreement from April 1, 2006 -
March 31, 2016, between the City of Clearwater and the Fastpitch Learning Academy, Inc., for
the use of certain City facilities at the Eddie C. Moore Softball Complex (fields 8 and 9) and
motion
authorize the appropriate officials to execute same. The was duly seconded and
carried
unanimously.
12.8 Adopt Resolution #06-16, authorizing City Manager William Horne, and naming
Emergency Manager William Vola as alternate authority, to execute requests for State and
Federal Disaster preparedness, planning, response, and recovery funds, grants, and
reimbursements.
State and federal emergency management and homeland security agencies require that
disaster relief or grant applications be executed with prior City Council authority. In the past,
staff initially brought each of these before council individually. In 2004, staff batched together all
of the hurricane reimbursement applications into a single resolution. More recently, the rate of
hurricanes and other disaster events have increased dramatically. Additionally, staff has been
increasing the frequency and number of State and federal disaster planning and preparedness
grant application submittals, each of which also requires authorized signature.
Since the City Council authorization of each of these applications is largely ministerial in
nature, Staff would like the Council's consideration to authorize the City Manager and
Emergency Manager to execute these applications for disaster and homeland security funds.
The Resolution will authorize the City Manager, with the Emergency Manager as authorized
alternate, to execute disaster reimbursement and planning or preparedness grant applications
on their signature.
Councilmember Jonson moved to approve authorizing City Manager William Horne, and
naming Emergency Manager William Vola as alternate authority, to execute requests for State
and Federal Disaster preparedness, planning, response, and recovery funds, grants, and
motioncarried
reimbursements. The was duly seconded and unanimously.
Council 2006-03-02 13
Resolution #06-16 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #06-16 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.9 Appoint one member to the Community Development Board with the term expiring on
February 28, 2010.
Councilmember Doran moved to appoint Jordan Behar to the Community Development
motion
Board with the term expiring on February 28, 2010. The was duly seconded.
Discussion ensued and it was remarked that Mr. Behar does not have an architectural
license. It was stated another nominee’s name would be submitted for consideration.
Councilmember Doran withdrew his motion. The seconder agreed.
motion
Councilmember Petersen moved to continue Item #12.9 to March 16, 2006. The
carried
was duly seconded and unanimously.
13 City Attorney Reports
13.1 Provide direction regarding settlement proposal from Allen Stowell relating to billboard
located at 2815-2817 Gulf-to-Bay Boulevard.
The City has received a settlement proposal from property owner Allen Stowell regarding
a billboard on the property located at 2815-1817 Gulf-to-Bay Boulevard. The proposal asks that
the City allow the billboard to remain on the property for a period of ten years, subject to the
same terms and conditions given to National/Lamar in the agreement recently reached with
them. The billboard is the subject of a Municipal Code Enforcement Board Order finding it in
violation of City Codes, which Order was appealed to Circuit Court.
The City’s outside Council Bill Brinton said this case has a long history dating back to
1989 when the City changed the Land Development Code, and provided for a seven-year
amortization schedule for billboards on Gulf-to-Bay Boulevard to become conforming or be
removed. That seven-year period expired on January 19, 1996. Clearwater’s consistent
position has been that Mr. Stowell’s billboard is illegal. The MCEB (Municipal Code
Enforcement Board) found the billboard was in violation of Code but fines were stayed pending
the outcome of the National/Lamar litigation. Mr. Stowell appealed the MCEB decision but his
appeal was dismissed by the Court for failure to file a Status Report. Mr. Stowell contends he
did file a report and has asked for rehearing of the dismissal. His billboard also is the subject of
an FDOT Order requiring removal for failure to have a State permit. This too has been
appealed and upheld. FDOT also deferred action pending the resolution of the National/Lamar
litigation. Mr. Brinton said the National/Lamar settlement settles a lawsuit against Clearwater
and the final judgment included a provision that no third party be a beneficiary of that
agreement. Mr. Stowell has no suit against the City. Mr. Brinton said FDOT is awaiting
Clearwater’s decision regarding Mr. Stowell’s request, as they do not wish to operate contrary to
local government. He said there is no pending Circuit Court action against Clearwater, no
Council 2006-03-02 14
pending MCEB pending action, and due process has been given to Mr. Stowell in every case.
Concerns were expressed that this request is for a settlement, although Mr. Stowell has
no current litigation against Clearwater, and that the Council is being asked to negotiate from
the dais. The City Attorney said staff does not recommend a settlement. Mr. Stowell’s request
is being brought to the Council for direction. Development Services Director Jeff Kronschnabl
said the City has been successful in having 34 billboards removed on Gulf-to-Bay Boulevard
through amortization, settlement, or voluntary removals.
Glenn Smith, representing Mr. Stowell, said the issues in all of the cases are the same.
In response to a question, Mr. Smith said Mr. Stowell was a defendant in the code enforcement
action. The appeals were consolidated and the MCEB stayed the fines pending the outcome of
the National/Lamar case. He said FDOT entered orders requiring removal of the billboards
because of lack of local government approvals for them. He said Mr. Stowell proposes the
same settlement provided National/Lamar, to remove his sign within 10 years. He is willing to
ask approval through a Court order to protect Clearwater.
Assistant City Attorney Leslie Dougall-Sides said at its February 2001 meeting, the
MCEB referenced the National/Lamar litigation and determined that fines would begin upon
conclusion of that lawsuit. She said the MCEB Order did not state that Mr. Stowell would
receive the same conditions granted to National/Lamar.
It was suggested that an executive session of the City Council be required to make a
“settlement” in this case. Another suggestion was made to remove the word “settlement” from
the argument.
The Council recessed from 8:36 to 8:43 p.m.
The City Attorney said there is no pending case. She expressed concern that striking
the word “settlement” from the agreement needs to be done in context.
Mr. Smith said the City is incorrect in stating that no case is pending against it and
referenced the request for a re-hearing of the MCEB appeal. He offered to draft a settlement
that would not set a precedent.
Mr. Brinton said the difference between the National case and Mr. Stowell’s is, Mr.
Stowell has an adjudication that ordered removal of his sign. He said the only way the City
Attorney could be wrong in her opinion is if the City’s Land Development Code was
unconstitutional. Mr. Brinton said in 1998, Mr. Stowell admitted he could have modified his sign
to conform to Code but he chose not to do so. Mr. Brinton said if the decision by this local
government is changed, it could result in unintended outcomes regarding other sign cases.
Mr. Smith said a final judgment in a case controls forever despite future litigation. He
said the administrative litigation with FDOT is irrelevant because FDOT stayed its Order until
local issues are decided. He felt he could offer a reasonable settlement that would stop
litigation.
Two persons spoke in support and one spoke in opposition to the request.
In response to a question, the City Attorney said if the City Council makes no decision
tonight, FDOT most likely will move forward to remove Mr. Stowell’s sign. Mr. Brinton said as
Council 2006-03-02 15
FDOT took no action between 1999 and 2000, it is unclear how they will proceed. He requested
the Council provide direction regarding a settlement discussion. In response to a question, Mr.
Brinton said if Mr. Stowell’s request to rehear the MCEB appeal is not granted, the fine imposed
by the MCEB would begin to run at $250 per day for each day the violation continues to exist.
Ms. Dougall-Sides said the board’s order states that $250/per day begins within 60 days after
settlement of the National/Lamar case. The case would go back to the MCEB for an official
finding that there was no compliance.
In response to questions, Mr. Brinton said National acquired more than one of Lamar’s
structures, and all cases were consolidated for purposes of trial. He said had National acquired
Mr. Stowell’s billboard, it may have been included in their settlement.
In response to a question, the City Attorney said separate counsel represents the MCEB.
Mr. Smith said if the court was asked to reinstate the MCEB case to resolve it, the judge
probably would agree to do so. The City Attorney expressed reluctance to go to executive
session, as no active litigation exists and Mr. Stowell’s appeal was denied. Mr. Smith said the
MCEB Order states there will be further proceedings if the sign is not removed. The City
Attorney said that involves code enforcement action, not litigation. She requested Council
direction.
Councilmember Hamilton moved to instruct staff to work towards a negotiated agreement
that Mr. Stowell’s sign will be removed no later than the expiration of the existing agreement
motion
with National. The was duly seconded.
Discussion ensued with concerns being expressed the City is proceeding down a
dangerous path agreeing to settle when there is no case and negotiating from the dais.
Concern was also expressed regarding this being a MCEB action against Mr. Stowell.
Mr. Smith said in MCEB proceedings, the petitioner is the City, therefore the City is a
party in Mr. Stowell’s case.
Discussion ensued with comments that Mr. Stowell has had his day in court and
Clearwater has been consistent in dealing with excessive signs with only six cases pending. It
was stated National got more time as they could afford to litigate.
In response to a question, the City Attorney said the City has spent over $1 million
litigating its sign code. She said even if the MCEB and FDOT cases continue, it would
eventually result in removal of the sign. She said there could be additional litigation expenses.
The City Attorney stated if Council directs negotiation, an agreement can be brought
back. A definitive answer as to whether a settlement would undermine other sign cases was
requested.
Mr. Brinton said this is a code enforcement matter. He said he could try to put together
an air-tight agreement. In response to a question, Mr. Brinton said if the City entered into a
settlement with Mr. Stowell, Mr. Smith would probably ask that Clearwater ask FDOT to issue a
permit to allow Mr. Stowell’s sign for a specified time. Mr. Brinton said the FDOT’s final Order
required removal of Mr. Stowell’s sign within 10 days. Mr. Stowell agreed to the final Order that
if he did not comply, FDOT would remove the sign. He said he does not believe the MCEB’s
action would be overturned.
Council 2006-03-02 16
Upon the vote being taken, Councilmembers Hamilton, Doran, and Mayor Hibbard voted
carried.
“Aye.” Councilmembers Petersen and Jonson voted “Nay.” Motion
14 City Manager Verbal Reports – None.
15 Council Discussion Items
15.1 PSTA Transfer Station
Councilmember Jonson reported that the PSTA’s transfer station between Park and
Garden streets is inadequate for current operations. A developer has approached PSTA and is
proposing a land swap for a larger tract on Martin Luther King, Jr. Avenue. The new site would
require rezoning and the proposed agreement would be contingent upon County approval,
Federal Transit Administration approval, rezoning, etc. The agreement was not available for
review.
Assistant City Manager Garry Brumback said the City has been talking with the County
regarding a multi-modal facility. Planning Director Michael Delk expressed concern about losing
a Downtown transportation facility. The City Manager said Clearwater’s opportunity to influence
the rezoning would be at the PPC (Pinellas Planning Council) level. He supported a facility that
provides multiple modes of transportation including a guideway system. Assistant City Manager
Rod Irwin said this proposal also affects the flexibility for a Downtown government campus. It
was noted the developer proposing the swap is also interested in obtaining the adjacent County
property but there have been no indications that the County would sell the property.
15.2 PSTA Recommendation on $3 M Study Allocation
PSTA’s recommendation puts Clearwater third on the allocation list. St. Petersburg BRT
(Bus Rapid Transit) is first, Countywide BRT second, and the remainder will be used for a
guideway study.
Discussion ensued with comments that Clearwater would have to pick up $1.3 million of
the study, the City could argue that funds should be used for some interim downtown to beach
solutions. Disappointment was expressed that $2.3 million would be spent to study a corridor
that does not have capacity problems, and that the light rail will get shelved until the issue
becomes excruciatingly painful.
16 Other Council Action
The City Clerk requested direction regarding a request for a transcript of the February
27, 2006, Joint Work Session with the Community Development Board. Direction was to
provide copies of the audio tape to each Councilmember. Once minutes are complete, it will be
determined if a transcript is needed.
Councilmembers reported on events in which they recently participated, reviewed
upcoming events, and expressed their enjoyment of the Neighborhood Conference.
Councilmember Jonson requested Council feedback regarding Six Sigma Book.
Councilmember Petersen congratulated Got Gov graduates.
Council 2006-03-02 17
.
.
.
Councilmember Doran encouraged the disposal of hazardous materials on March 11,
2006, at Home Depot on Gulf-to-Bay Boulevard.
Mavor Hibbard reported the driver of a car speeding through his neighborhood called
him to apologize; he encouraged all to give blood.
17. Adjourn
The meeting adjourned at 10:34 p.m.
4~/~
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City of Clearwater
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Ci lerk
Council 2006-03-02
18
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
ST NAME-FIRST NAME-MIDDLE NAME
Hamilton Ho t Paul
MAILING ADDRESS
2410 Parkstream Avenue
DATE ON WHICH VOTE OCCURRED
March 2, 2006
THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
Xl CITY 1:1 COUNTY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS:
1:1 OTHER LOCAL AGENCY
CITY
COUNTY
XI ELECTIVE
1:1 APPOINTIVE
WHO MUST FILE FORM 88
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
"nures 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.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
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)
CE FORM 88. EFF. 1/2000
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Hoyt Hamilton
, hereby disclose that on March 2
20 06 .
'-'
(a) A measure came or will come before my agency which (check one)
.Jl. 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
whom I am retained; or
inured to the special gain or loss of
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:
, by
,which
#8.1 Approve amendments to Beach by Design: A Preliminary Design
for Clearwater Beach and Design Guidelines.
Family-owned property in subject area.
3~;)-O(P
Date Filed
s$ ~
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 PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
ST NAME-FIRST NAME-MIDDlE NAME
Petersen, Carlen
MAILING ADDRESS
2582 Anderson Drive
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
Clearwater
THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
tXCITY [J COUNTY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS:
West
CITY
COUNTY
[J OTHER lOCAL AGENCY
Clearwater FL
DATE ON WHICH VOTE OCCURRED
March 2, 2006
ii ELECTIVE
[J APPOINTIVE
WHO MUST FILE FORM 88
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.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
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)
CE FORM 88 - EFF. 1/2000
PAGE 1
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
APPOINTED OFFICERS (continued)
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Carlen Petersen
, hereby disclose that on March?
20 06 .
'-'
(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
whom I am retained; or
inured to the special gain or loss of
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:
, by
,which
#12.1 Approve submission of an application for federal funding in the
amount of $66,807 to the U.S. Department of Justice/Bureau of Justice
Assistance (USDOJ/BJA) under the Edward Byrne Memorial Justice Assistance
Grant program.
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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 SUSPEN-SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVil PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2