03/16/2006
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
March 16, 2006
Present: Frank Hibbard Mayor
William C. Jonson Vice-Mayor
Hoyt P. Hamilton Councilmember
Carlen 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
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Doctor John R. Thompson from Countryside Christian Center. 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:
4.1 Service Awards
Two service awards were presented to City employees.
5 - Presentations:
5.1 Proclamation - Celebrate Clearwater Neighborhoods Week 2006 - March 26 - April 1, 2006
5.2 Proclamation - Donate Life Month – April 2006
5.3 Proclamation - Parkinson's Awareness Month – April 2006
5.4 Proclamation - Water Conservation Month – April 2006
5.5 Proclamation - Fair Housing Month - April 2006
6 - Approval of Minutes
6.1 City Council – March 2, 2006
Councilmember Jonson moved to approve the minutes of the regular meeting of March
motion
2, 2006, as corrected: page 17, Item #15.1 – last sentence, “aslo” to “also.” The was
carried
duly seconded and unanimously.
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7 - Citizens to be Heard re Items Not on the Agenda
Phillip Kitchens recommended improvements to the City’s website and opposed
electronic voting in Florida.
Public Hearings - Not before 6:00 p.m.
8 - Administrative public hearings
8.1 Adopt Resolution #06-11 approving the first amendment to the Development Agreement
between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater
(previously approved DVA2004-00001 by City Council on February 17, 2005). (DVA2004-
00001A)
The subject property is 2.739 acres (including First Avenue and a portion of South
Gulfview Boulevard rights-of-way; excluding new Second Street right-of-way and a portion of
Coronado Avenue). It is located to the south of and between South Gulfview Boulevard and
Coronado Drive.
On August 17, 2004 the CDB (Community Development Board) approved a Flexible
Development application (FLD2004-02013) for the construction of a 350-unit hotel with
associated amenities and 75 attached dwellings for this site. The project included the use of
250 hotel rooms from the Beach by Design density pool. The City Council originally approved a
Development Agreement for this property on February 17, 2005 (DVA2004-00001). This is a
City-initiated amendment to that agreement which makes the following revisions: 1) Adds a
provision that the City will include the construction of Relocated First Street as an alternate
when soliciting bids for Beach Walk and South Gulfview construction; 2) Revises provisions
relating to the timely completion of Beach Walk, South Gulfview Boulevard and Coronado
Avenue; and 3) Amends provisions relating to the developer’s obligations for constructing
Relocated First Street.
The proposal is in compliance with the standards for development agreements, is
consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set
forth in Beach by Design. The Community Development Board reviewed this application at its
public hearing on February 21, 2005 and unanimously recommended approval of the
application.
Councilmember Jonson moved to approve the first amendment to the Development
Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of
Clearwater (previously approved DVA2004-00001 by City Council on February 17, 2005). The
motion carried
was duly seconded and unanimously.
Resolution #06-11 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #06-11 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.
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8.2 Approve amendments to the Community Development Code relating to the Neighborhood
Conservation Overlay District (NCOD) & Pass Ordinance #7582-06 on first reading.
The Planning Department is recommending a total of 8 amendments to the Community
Development Code. Approximately three amendments present a change in current policy or a
new policy and are outlined here: 1) Allowing a neighborhood to remain eligible as a NCOD
(Neighborhood Conservation Overlay District) if significant road improvements are planned in
the area as long as the NCOD plans are not in conflict with the improvements; 2) Requiring a
neighborhood requesting a NCOD designation to have an active homeowner’s association in
place for at least two years; and 3) Requiring the timeframe for the plan study to be determined
by a joint decision of the Neighborhood Services Manager, Community Development
Coordinator and the leadership of the Study Committee.
Other amendments are editorial in nature or refinements to existing Community
Development Code sections.
Councilmember Doran moved to approve amendments to the Community Development
motion
Code relating to the Neighborhood Conservation Overlay District (NCOD). The was
carried
duly seconded and unanimously.
Ordinance #7582-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7582-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
8.3 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.
Councilmember Hamilton declared a conflict of interest.
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
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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 the 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.
The CDB reviewed the proposed amendment at its regularly scheduled meeting on February
21, 2006, and voted in support recommending that 75-foot heights be permitted in the Old
Florida District.
Discussion ensued regarding the need to provide greater incentives for development of
transient uses. It was suggested additional height and density for transient uses be considered.
It was noted other municipalities and the County are also considering this. Staff is working on
an incentive package for future consideration.
Councilmember Doran moved to approve to 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, with an amendment to permit a maximum of 75-feet for transient uses in the
motion
65-foot zone in the Old Florida District. The was duly seconded.
A concern was expressed the proposal allows increased heights without reducing
building mass, does not increase green or open space, nor require the provision of water views.
It was stated that these amendments require stepbacks and additional setbacks to build to
maximum height. Concern was expressed that requiring unreasonable setbacks would prevent
the redevelopment of many properties. In response to a concern that the Old Florida District’s
uniqueness is not being retained, it was stated the district lacks unique qualities. In response to
a question, Planning Director Michael Delk said for development to exceed 35 feet, it must
provide greater setbacks and stepbacks. It was stated these changes allow less intense
development than currently is permitted.
Discussion ensued regarding the need to quickly develop criteria and standards for
terms related to enhanced design performance, improved site plans, etc. to provide direction to
the CDB.
One person supported increased height to 40 feet for properties north of Somerset; one
person supported light rail to the beach and the timely development of criteria related to terms;
and one person opposed increasing density.
Upon the vote being taken, Councilmembers Petersen and Doran and Mayor Hibbard
voted “Aye”; Councilmember Jonson voted “Nay”; Councilmember Hamilton abstained. Motion
carried
.
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Ordinance #7546-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7546-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Petersen, Doran, and Hibbard.
"Nays": Jonson.
Abstained: Hamilton.
Motion carried.
9 - Quasi-judicial public hearings
9.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County
Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas
Amendment from the County R-3, Single-Family Residential District to the City Low Medium
Density Residential (LMDR) District for 1604 N. Betty Lane (Lot 12, Block B, Stevenson’s
Heights according to the map or plat thereof, as recorded in Plat Book 34, Page 13, Public
records of Pinellas County, Florida); and Pass Ordinances #7594-06, #7595-06 & #7596-06 on
first reading.
This annexation involves a 0.182-acre property consisting of one parcel, which is located
on the west side of N. Betty Lane, immediately north of the intersection of N. Betty Lane and
Woodbine Street. The property is contiguous to existing City boundaries to the east; therefore,
the proposed annexation is consistent with Pinellas County requirements with regard to
voluntary annexation. The applicant is requesting this annexation in order to receive sanitary
sewer and solid waste service from the City. The subject site is approximately 0.182 acre in
area and is occupied by an existing single-family detached dwelling. It is proposed that the
property be assigned a Future Land Use Plan designation of Residential Low (RL) 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 subject site is located within an enclave, is
contiguous to City boundaries to the east and reduces the enclave.
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 February 21, 2006 and unanimously recommended approval.
Councilmember Petersen moved to approve the Petition for Annexation, Future Land
Use Plan Amendment from the County Residential Low (RL) Category to the City Residential
Low (RL) Category and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District to the City Low Medium Density Residential (LMDR) District for 1604 N.
Betty Lane (Lot 12, Block B, Stevenson’s Heights according to the map or plat therof, as
Council 2006-03-16 5
motion
recorded in Plat Book 34, Page 13, Public records of Pinellas County, Florida). The
carried
was duly seconded and unanimously.
Ordinance #7594-06 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7594-06 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 #7595-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7595-06 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 #7596-06 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7596-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
9.2 Approve the Annexation, Future Land Use Plan Amendment from the County Residential
Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment
from the County R-3, Single-Family Residential District to the City Low Medium Density
Residential (LMDR) District for 1425 Regal Road (Lot 19, Solar Crest Subdivision); and Pass
Ordinances #7591-06, #7592-06 & #7593-06 on first reading. (ANX2005-11037)
The subject property is located on the south side of Regal Road between Braund Street
and Sunny Park Road. The applicant is requesting this annexation in order to receive solid
waste service from the City. The property is contiguous to the existing City boundaries on two
sides; therefore, the proposed annexation is consistent with Pinellas County requirements with
regard to voluntary annexation. The subject site is approximately 0.175 acre in area and is
occupied by a single family residential dwelling. It is proposed that the property have a Future
Land Use Plan designation of Residential Low (RL) 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 the
existing City boundaries on two sides.
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This annexation has been reviewed by the 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
February 21, 2006, and unanimously recommended approval.
Councilmember Petersen moved to approve the Annexation, Future Land Use Plan
Amendment from the County Residential Low (RL) Category to the City Residential Low (RL)
Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District
to the City Low Medium Density Residential (LMDR) District for 1425 Regal Road (Lot 19, Solar
motion carried
Crest Subdivision). The was duly seconded and unanimously.
Ordinance #7591-06 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7591-06 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 #7592-06 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7592-06 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 #7593-06 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7593-06 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 #7547-06 on second reading, amending the Future Land Use Plan
element of the Comprehensive Plan of the City, to change the land use designation for certain
real property located on Clearwater Beach between Mandalay Ave. and the Gulf of Mexico
between Kendall and the North side of Somerset St., East of Mandalay Ave., from Residential
High to Resort Facilities High.
Ordinance #7547-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7547-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
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"Nays": None.
10.2 Adopt Ordinance #7548-06 on second reading, amending the Zoning Atlas of the City by
rezoning certain real property located on Clearwater Beach between Mandalay Ave. and the
Gulf of Mexico between Kendall St. and the North side of Somerset St., East of Mandalay Ave.,
from Medium High Density Residential to Tourist.
Ordinance #7548-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7548-06 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 #7588-06 on second reading, annexing certain real property whose post
office address is 2066 The Mall, into the corporate limits of the City and redefining the boundary
lines of the City to include said addition.
Ordinance #7588-06 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7588-06 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 #7589-06 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 2066 The Mall, upon annexation into the City of
Clearwater, as Residential Urban (RU).
Ordinance #7589-06 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7589-06 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 #7590-06 on second reading, amending the Zoning Atlas of the City by
zoning certain real property whose post office address is 2066 The Mall, upon annexation into
the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance #7590-06 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7590-06 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
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"Nays": None.
10.6 Adopt Ordinance #7598-06 on second reading, amending Ordinance #7371-05, which
vacated a portion of the 60-foot right-of-way of First Avenue (a.k.a. First Street Per Field),
subject to special conditions to amend the special conditions.
Ordinance #7598-06 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7598-06 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 Continue adoption of Ordinance #7546-06 on second reading, making amendments to
Beach By Design: A Preliminary Design for Clearwater Beach and Design Guidelines, by
amending Section II, Future Land Use, Subsection A. The "Old Florida" District; amending
Section II, Subsection C. Marina Residential District; and, by amending Sections V.B and VII.A.
to April 6, 2006.
Councilmember Hamilton declared a conflict of interest.
motion
Councilmember Jonson moved to continue Item #10.7 to April 6, 2006. The was
duly seconded. Councilmembers Jonson, Petersen and Doran and Mayor Hibbard voted “Aye”;
carried
Councilmember Hamilton abstained. Motion .
City Manager Reports
11 - Consent Agenda
- Approved as submitted – less Item 11.2.
11.1 Declare vehicles and equipment surplus to the needs of the City and authorize disposal
through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, or through
sale to the highest bidder on the internet through GovDeals.com, the Pinellas County Internet
Auctioneer of Record.
11.2 – See below.
11.3 Approve a two-year lease agreement with Ewart Holdings, Inc. for the period April 1, 2006
through March 31, 2008, at an annual cost of $9,600 and authorize the appropriate officials to
execute same.
11.4 Approve and accept the 10-foot wide Sovereign Submerged Lands Easement No. 40713
over and across a portion of Section 8-29-15 in Clearwater Harbor to be conveyed by the Board
of Trustees of the Internal Improvement Trust Fund of the State of Florida, and authorize
appropriate officials to execute same.
11.5 Approve Change Order #2 to the Mandalay Channel Pedestrian Bridge Utility Relocation
Project (03-0047-UT) to Akerman Construction Company, Inc. of Purcell, Oklahoma increasing
Council 2006-03-16 9
the contract amount by $124,000 for a new contract total of $963,870.60 and authorize the
appropriate officials to execute same.
11.6 Provide direction on the Major Issues of Concern Identified by the Evaluation and Appraisal
of the City’s Comprehensive Plan and authorize forwarding these issues to the Florida
Department of Community Affairs.
11.7 Approve a grant agreement in the amount of $25,000 between the City of Clearwater and
A Spiritual Change, Inc., and authorize the appropriate officials to execute same.
11.8 Approve a blanket purchase order in the amount of $15,000 for Bryant, Miller and Olive,
P.A.
Councilmember Hamilton moved to approve the Consent Agenda as submitted, less
motion
Item 11.2, and that the appropriate officials be authorized to execute same. The was
carried
duly seconded and unanimously.
11.2 Approve the anticipated activities and estimated cost of $345,426 for Phases I and II of the
Downtown Boat Slips project, and approve a Work Order to Wade-Trim, an Engineer of Record,
in the amount of $258,426 for Phases I and II, which is included in the $345,426 estimated
Phase I and II project costs and authorize the appropriate officials to execute same.
After receiving the cost estimate by Wade-Trim for the Clearwater Beach Municipal
Marina Expansion Feasibility Study, the Council directed staff to put the Municipal Marina
remodel on hold until such time that the adjoining upland property is developed and to focus
City efforts on the Downtown Boat Slips project. This project would require passage of a
referendum, anticipated to take place in November 2006. The cost estimate would fund the
preparatory and consultant services necessary to research and develop a boat slip project
proposal for City Council consideration and/or referendum authorization. It anticipates a
“waterside” proposal similar to the design previously developed in the Downtown Marina Study,
but with no waterborne facilities other than boat slips. No “landside” impacts to Coachman Park
are anticipated, except for internal renovation of an existing structure for restroom installation.
The Work Order to Wade Trim, an Engineer of Record, contains tasks and the estimated
costs associated with the downtown boat slips project. In addition to those tasks, the City will
be obtaining a financial feasibility study and will need a public communications budget. Staff
would like to proceed with Phases I and II at this time and will bring the results of this work back
to the City Council in the summer for discussion. Should the Council authorize a referendum on
the project, additional funds could be appropriated at that time to move forward with Phases III
and IV.
It is anticipated that the budget for this project will include:
Wade-Trim – Phases I and II $258,426
Financial Feasibility Study 20,000 (estimated)
Public Communications 67,000 (estimated)
Total Current Budget Request $345,426
Wade-Trim – Phase III 61,870
Council 2006-03-16 10
Wade-Trim – Phase IV 11,500
Development of Regional Impact 250,000 (if required)
Grand Total $668,796
One resident spoke in opposition to the proposal and two residents spoke in support.
Discussion ensued regarding the upcoming referendum related to this issue, with
comments that residents will have the opportunity to base their decision on accurate data.
Concern was expressed a misinformation campaign will be mounted against the proposed boat
slips.
Councilmember Hamilton moved to approve the anticipated activities and estimated cost
of $345,426 for Phases I and II of the Downtown Boat Slips project, and approve a Work Order
to Wade-Trim, an Engineer of Record, in the amount of $258,426 for Phases I and II, which is
included in the $345,426 estimated Phase I and II project costs and authorize the appropriate
motion
officials to execute same. The was duly seconded.
carried
Upon the vote being taken, the motion unanimously.
12 - Other items on City Manager Reports
12.1 Pass on first reading Ordinances #7603-06 and #7604-06, amending the City's fiscal year
2005/06 Operating and Capital Improvement Budgets at first quarter.
The FY (Fiscal Year) 2005/06 Operating and Capital Improvement Budgets were
adopted in September 2005 by Ordinances 7497-05 and 7498-05. Section 2.521 of the City's
Code of Ordinances requires that the City Manager prepare a quarterly report detailing income
and expenditure estimates, collections, the explanation of significant variances, as well as, the
financial status of all active capital improvement projects.
The report is based on three months of activity (October 2005 through December 2005) in
this fiscal year. The report comments on major variances, as well as documents all proposed
amendments.
Significant Fund amendments are:
General Fund: General Fund revenues and expenditure amendments reflect a net
increase of $211,989. Major reasons for the overall General Fund expenditure increase
includes the appropriation of General Fund retained earnings of $75,000 for contract services
for building permit review, $2,240 for an enhanced Council travel budget, and $5,000 for youth
scholarships for the Nagano exchange program, and $22,099 reappropriating funds for the
Homeless Shelter program. In addition, the amendment reflects more than $67,000 of increases
in the Parks and Recreation Department to account for operations that previously had been
accounted for in a Special Program project, but through analysis of the Internal Audit Department,
determined to better be accounted for in the General Fund. The related revenues for these
programs offset this amendment. In addition, $35,000 is transferred to the Capital Improvement
Fund to establish a project for the schematic design of the Morningside Recreation Center.
Savings within the Parks and Recreation operating budget offsets this cost.
Council 2006-03-16 11
General Fund Reserves – In order to ensure adequate reserves, the City Council’s policy
reflects that General Fund unappropriated retained earnings of 8.5% of the City’s budgeted
General Fund expenditures must be maintained as a reserve to guard against future
emergencies. With the closing of the year-end 2005 books, and the allocation of reserves noted
above, estimated General Fund reserves at first quarter are approximately $15.5 million, or 13.9%
of the current year’s General Fund budget, exceeding our reserve policy by just over $6 million.
Significant amendments to other City Operating Funds: 1) Gas Fund - Budget
amendments in the Gas Fund reflect an increase of over $6 million primarily for the increased
cost of fuel for resale. This cost is more than offset by increased revenue estimates; 2) Solid
Waste Fund - The only amendment to the Solid Waste Fund reflects the return of over $1million
from the Capital Improvement Fund Beach Walk project. With the approved funding of future
tax-exempt funding for Beach Walk, this funding is no longer needed in this project and is
returned to the Solid Waste Fund; 3) Recycling Fund - Expenditure amendments totaling
$90,056 reflect the allocation of the annual Pinellas County Recycling grant of $60,056 to the
Special Program project established to account for these funds, and an increase of $25,000 for
the cost of inventory purchases for resale, which is offset by increased revenue from the sale of
recyclables; 4) Harborview Fund - Significant amendments to the Harborview Fund reflect a
reduction of over $1.5 million in revenues and expenditures as a result of the new management
agreement with Global Spectrum resulting in the direct allocation of all operational expenditures
and the accounting of revenues directly by Global Spectrum; 5) Garage Fund - The primary
amendment to the Garage Fund reflects the allocation of $462,258 of unrestricted retained
earnings of the Garage Fund to the Capital Improvement Fund for the upgrade of the radio
system to Simulcast as approved by the Council in November 2005; 6) Central Insurance Fund -
At first quarter, the Central Insurance Fund reflects the allocation of $391,483 of unrestricted
retained earnings of the Central Insurance Fund to cover the higher than anticipated premiums
for property, casualty, liability, workers’ compensation and other non-health related insurance as
approved by the City Council in September 2005; and 7) Capital Improvement Fund - First
quarter amendments to the Capital Improvement Fund total $8,789,239. The increase in the
Beach Walk project approved by the City Council in February was more than $14 million.
Project budget increases not previously approved by the Council reflect an increase of
$784,450.48 in County restricted TIF (Tax Increment Financing) funds revenue to the Downtown
Streetscape project, an increase of $29,000 in local option gas tax revenue to the Citywide
Intersection Improvement project to fund intersection improvements as the result of an ADA
(Americans with Disabilities Act) settlement, and $35,000 to establish the Morningside
Recreation Center preliminary design funded by savings in the Parks and Recreation
Department operating budget.
Special Program Fund - The Special Program Fund reflects a net budget increase of
$2,424,578 at first quarter. Amendments include the recognition of more than $670,000 in
grants proceeds supporting programs for Americorps, COPS technology, Operacion Apoyo
Hispano, and Juvenile Welfare grants supporting neighborhood recreation program. Other
significant amendments reflect more than $500,000 for the Special Events programs in the last
six months, $350,000 to establish the project for the remediation of the Clearwater Auto Site,
$413,000 from police fines and court proceeds to support public safety programs, and $215,000
in revenues for police outside duty contractual services.
Council 2006-03-16 12
The amended 2005/06 Capital Improvement Program budget report is submitted for the
budget increase
City Council's first quarter review. The net proposed amendment is a of
$8,789,239. This review provides the opportunity to examine the status of all active projects and
present formal amendments to the project budgets. Fiscally significant budget increases
encompassed within this review are as follows:
The City Council did not previously approve the following Capital Improvement Budget
Downtown Streetscape
increase: 1) - To record a budget increase of $784,450.48 in County
Citywide
Restricted TIF revenue. This represents estimated receipts for this year; 2)
Intersection Improvements
– To record a budget increase of $29,000 in Local Option Gas Tax,
which will be transferred from the Special Development Fund. This will provide funding to settle
Morningside Recreation Center
Tampa Bay ADA v. City of Clearwater court case; and 3)
Replacement
– To record a budget increase of $35,000 of General Fund revenue, which will be
transferred from savings within the Parks & Recreation operating budget. This will fund the
schematic design work for this project.
increases
All significant budget that have been previously approved by the Council are: 1)
Druid Road Improvements - $500,000; 2) Beach Walk - $14,765,419; 3) Bayview Park - $200,000;
4) Dailey Property Purchase - $183,500; 5) Ross Norton Complex - $299,562; 6) Radio Simulcast
Upgrade - $462,258; and 7) Alligator Creek Implementation Projects II - $250,000.
In accordance with City of Clearwater Code Section 2.564(2), the City Manager may
approve and execute change orders without City Council approval within certain limitations. The
following change order have been administratively approved since the last report to the Council
based on the code specified criteria: 1) Increases do not exceed 10% over Council approved
amount on a cumulative basis; 2) Change does not change the scope of a project; 3) Price
increases do not require additional appropriation to the project; 4) Contract price decreases may be
approved without limitation; and 5) The time for completion may not be extended by more than 60
days, in any one change or cumulatively for the same project.
1) September 30, 2005 - Administrative Change Order #5 & Final – Area “F” Gravity Sewer
System Improvements (02-0049-UT). This change order increases the contract by $54,331.66 to
adjust for actual supplies and materials used and decrease the contract by $83,198.54 for items
not needed to complete this contract. The net change is a decrease of $28,866.88 in the contract
Rowland, Inc. -$28,866.88
amount. ; 2) September 30, 2005 - Administrative Change Order #2 &
Final – Reservoir No. 1 – Reverse Osmosis Water Treatment Facility (00-0049-UT). This change
order decreases the contract by $15,553.01 for work the City performed instead of the contractor.
GE Osmonics, Inc. -$15,553.01
; 3) October 7, 2005 - Administrative Change Order #1 – 2005
Street Resurfacing Contract (05-0009-EN). This change order increases the contract by
$160,537.80 to remove and replace deteriorated curbs. The curb work was not part of the original
contract but is required to performed satisfactory road resurfacing work. This change order also
R.E. Purcell
extends the completion date by 60 days to allow for this additional work.
Construction Company, Inc. $160,537.80
; 4) October 11, 2005 - Administrative Change Order #2
– Myrtle Avenue Roadway & Drainage Improvements (00-0034-EN). This change order increases
the contract by $251,488.57 to adjust contingency fees and reimburse costs incurred when other
portions of project were not completed in timely manner by other contractors. This change order
decreases the contract by $697,961.69 for items that need not be completed by this contractor for
Westra
this project. The net change is a decrease of $446,473.12 in the contract amount.
Construction Corporation -$446,473.12
; 5) October 25, 2005 - Administrative Change Order #1
Council 2006-03-16 13
& Final – Security Facilities at the NE APCF and Reservoirs #2 and #3 (02-0049-UT). This
change order increases the contract by $15,839.27 to adjust for actual supplies and materials used
and decreases the contract by $20,135.80 for items not needed to complete this contract. The net
Kloote Contracting, Inc. -$4,296.53
change is a decrease of $4,296.53 in the contract amount. ;
6) January 30, 2006 - Administrative Change Order #2 – Kapok Wetland & Floodplain Restoration
Project (02-0049-UT). This change order increases the contract by $14,913.61 to provide creek
maintenance and planting of vegetation, and for plants lost due to construction delays. Costs of
Aquatic Plants of Florida, Inc.
plant losses will be recovered from other party separately.
$14,913.61
; 7) December 12, 2005 - Administrative Change Order #1 & Final – McMullen-Booth
Road Pedestrian Bridge Overpass (99-0082-EN). This change order increases the contract by
$122,700.27 to adjust for actual supplies and materials used and decreases the contract by
$234,702.67 for items not needed to complete this contract. The net change is a decrease of
Caladesi Construction Company, Inc. -$112,002.40
$112,002.40 in the contract amount. ; 8)
December 19, 2005 - Administrative Change Order #1 & Final – Lift Station #12 Improvements
(01-0058-UT). This change order decreases the contract by $23,556.00 for the unused portion of
TLC Diversified, Inc. -$23,556.00
the contingency item and to close this contract. ; 9) January 11,
2006 - Administrative Change Order #1 – Mandalay Channel Pedestrian Bridge Utility Relocation
(03-0047-UT.) This change order increases the contract by $76,300.10 due to delays caused by
Akerman
existing field conditions and contaminated soil discovered during construction.
Construction Company, Inc. $76,300.10
; and 10) January 19, 2006 - Administrative Change
Order #2 –Wellfield Pump Replacements Project (04-0036-UT). This change order is for the
reduction of the unused 10% contingency item. This project is completed and this is for contract
Hausinger & Associates, Inc. -$26,839.18.
closeout purposes.
Councilmember Jonson moved to amend the City's fiscal year 2005/06 Operating and
motion carried
Capital Improvement Budgets at first quarter. The was duly seconded and
unanimously.
Ordinance #7603-06 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7603-06 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 #7604-06 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7604-06 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
The Council recessed from 7:24 to 7:32 p.m.
12.2 Approve amending Section 33.067 of the Code of Ordinances, modifying the designated
slow speed minimum–wake zone in Mandalay Channel to apply only to vessels larger than 25
feet, and pass Ordinance #7606-06 on the first reading.
Council 2006-03-16 14
Marine & Aviation Director Bill Morris reviewed the item. Modifying the previously
approved extension to the slow speed minimum wake to the northernmost point of Island
Estates to apply only to vessels larger than 25 feet, will reopen one of the last remaining areas
for water sports in the local area. It is believed this change will control the size of the wakes
caused by larger vessels, while at the same time allowing smaller vessels the speed necessary
to water ski.
Vessels 25 feet and under may operate at a safe operating speed in Mandalay Channel
from Somerset Street to the northern most point of the slow speed minimum wake zone on
Island Estates with this modification. The MAB (Marine Advisory Board) voted 4:1 in support of
this modification.
Five people spoke in opposition to the amendment as proposed, and nine people spoke
in support.
In response to questions, Mr. Morris reviewed suggested compromises, expressing
concern that narrowing an area of the channel may be too restrictive for water skiers and
provide inadequate space for them to turn around safely. He hoped the waterway management
plan, currently scheduled for draft form in December 2006, can designate and appropriately
mark a water recreation area that meets International Water Ski Association recommendations.
The State does not permit special regulations to target personal watercraft. He said most input
from residents opposed penalizing vessels in transit by limiting “recreation” speed to those
towing skiers.
Mr. Morris said the repetition, force, and size of wakes are of concern to sea wall
owners. He knew of no accidents in the Mandalay Channel during the last seven years. The
City Attorney said with permission from owners, the City could use bottomland for signage.
Discussion ensued with support expressed for a 35 mph speed limit, limiting vessels
allowed to travel at “recreation” speed to those with single-engines, creating a counterclockwise
water ski area by the Horizon House, and establishing a City marine enforcement unit, operated
by volunteers.
Councilmember Doran moved to approve amending Section 33.067 of the Code of
Ordinances, modifying the designated slow speed minimum–wake zone in Mandalay Channel to
apply only to vessels larger than 25 feet or those with more than one engine and to establish a
motion carried
maximum speed limit of 35 mph. The was duly seconded and unanimously.
Ordinance #7606-06 was presented for first reading as amended and read by title only.
Councilmember Hamilton moved to pass Ordinance #7606-06 on first reading as amended.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.3 Approve amendment to Rule 1, subsection 2 of Council Rules, to change the starting time
of Work Sessions to 1:30 p.m. and adopt Resolution #06-21.
Council 2006-03-16 15
A recommendation was made to change the start time of Work Sessions to 1:30 p.m.
City Clerk Cyndie Goudeau said staff will monitor the new starting time to avoid conflicts with
CDB meetings.
Councilmember Petersen moved to amend to Rule 1, subsection 2 of Council Rules, to
motion
change the starting time of Work Sessions to 1:30 p.m. The was duly seconded and
carried
unanimously.
Resolution #06-21 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #06-21 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.
12.4 Appoint one member to the Community Development Board with the term expiring on
February 28, 2010.
motion
Councilmember Doran moved to appoint Jordan Behar. The was duly seconded
carried
and unanimously.
12.5 Approve and endorse the Pinellas County 10-Year Plan to End Homelessness, urge the
U.S. Department of Housing and Urban Development to expand its definition of homelessness,
appoint Councilmembers Petersen and Doran to the Homeless Leadership Network and adopt
Resolutions #06-22 and #06-23.
The Pinellas County Homeless Policy Group (HPG) was formed in the Fall 2004. Their
mission was to develop a Countywide,10-year plan to end Homelessness. The group was
composed of approximately 40 members represented by: local elected officials, business
leaders, faith-based organizations, law enforcement, service providers and other interested
parties. The HPG met over a period of 18 months to develop the County’s Ten-Year Plan End
Homelessness titled “"Opening Doors of Opportunity: A 10-Year Plan to End Homelessness in
Pinellas County."
The Plan provides a coordinated effort for a local response and will be a major step
toward preventing and eliminating homelessness. The Plan is currently in the process of being
adopted by respective City Councils, Commissions and Boards of groups that served on the
HPG. They also are planning a kick-off the Plan sometime in early April.
The HPG has now transitioned into the Homeless Leadership Network (HLN) and will
monitor and oversee implementation of the plan to ensure accountability and results consistent
with the plan. The make-up of the HLN is very similar to the HPG, but now executive members
of the Pinellas County Coalition for the Homeless serve on the group. The PCCH now will serve
as the Operations Network Group and deal with the operating and actual implementation of the
10-Year Plan, while getting direction from the HLN.
Council 2006-03-16 16
The second resolution pertains to the U.S. Department of Housing and Urban
Development’s (HUD) definition of Homelessness. The resolution urges HUD expand their
definition of homeless to include people who are sharing the housing of others due to loss of
housing, economic hardship, or similar reasons, and those who are staying in motels because
of the lack of adequate alternative accommodations. HUD’s current definition, excludes people
who stay temporarily with others and in motels, thereby denying communities flexibility to
address locally assessed needs, and preventing vulnerable populations for receiving the
housing assistance they need.
Sara Snyder, Director of the Pinellas County Coalition of the Homeless, said her
organization will staff the Homeless Leadership Network.
Councilmember Jonson moved to approve and endorse the Pinellas County 10-Year
Plan to End Homelessness, urge the U.S. Department of Housing and Urban Development to
expand its definition of homelessness, and appoint Councilmembers Petersen and Doran to the
motion carried
Homeless Leadership Network. The was duly seconded and unanimously.
Resolution #06-22 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #06-22 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.
Resolution #06-23 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #06-23 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.
13 - City Attorney Reports
– None.
14 - City Manager Verbal Reports
– None.
15 - Council Discussion Items
15.1 Traffic Flow on the Beach
The City Manager said City Councilmembers had expressed concerns regarding traffic
on the beach during Spring Break. Police Lieutenant Wayne Andrews reviewed traffic issues
and incidents during the previous weekend. Traffic Operations Manager Paul Bertels said the
new bridge moves traffic to the beach quickly, until it reaches saturation. A significant number
of parking spaces on the beach have been lost, adding to traffic problems.
Lieutenant Andrews said stopping traffic at the roundabout requires the manual
operation of nearby signals. Coronado Drive traffic backs up into the roundabout due to
Council 2006-03-16 17
.
.
.
pedestrian crossings and vehicles waiting to access parking lots. He said manually directing
roundabout traffic requires four to eight people. Mr. Bertels said installing signals would reduce
that number.
It was requested that the Police Department not change the way the roundabout
operates. It was noted the roundabout normally works well and moves traffic faster than before.
Concern was expressed that drivers need to follow the rules of the road, even when frustrated
by traffic delays.
16 . Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events, thanked Citizen Academy graduates for their participation in focus group.
Mavor Hibbard provided an update of legislative issues discussed on recent trip with
staff to Washington D.C.; reported the Gulfcoast Family Jewish Center has opened a center for
victims of torture; and noted the passing of Charles Gruver and Jack Kennedy.
Council member Petersen thanked Council for endorsing the 1 O-year plan to end
homelessness and for its support of the Sister City program, which chose four students to travel
to Nagano, Japan.
Councilmember Jonson provided an update of legislative issues he discussed on recent
trip to Tallahassee, said the new Downtown marketing study failed to mention that free parking
is available Downtown during evenings; said the Beach House Hotel and Frenchies were
featured in a regional magazine and Clearwater beach was rated highly by a travel channel.
17. Adjourn
The meeting adjourned at 9:58 p.m.
~" -er~~
~or .
City of Clearwater
~
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Cit lerk .
Council 2006-03-16
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
Clearwater, FL
DATE ON WHICH VOTE OCCURRED
March 16, 2006
COUNTY
Pinellas
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY a COUNTY
NAME OF POLITICAl SUBDIVISION:
City of Clearwater
MY POSITION IS:
IJ OTHER LOCAL AGENCY
CITY
~ ELECTIVE
a 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
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
res 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
ca~ci~ .
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 oil 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
y you or at your direction.
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 8B - 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,
Hovt Hamilton
, hereby disclose that on
March 16
,20 06 .
-'
(a) A measure came or will come before my agency which (check one)
-X.. 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
f1l0.7 To continue adoption of Ordinance 117546-06<)on second reading, making
amendments to Beach By Design.
Family-owned property in subject area.
Date Filed
s?li- )j~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, 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
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
ST NAME-FIRST NAME-MIDDLE NAME
Hamilton Ho t Paul
MAILING ADDRESS
2410 Parkstream Avenue
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
CITY
Clearwater, FL
DATE ON WHICH VOTE OCCURRED
March 16, 2006
COUNTY
Pinellas
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY 0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
City of Clearwater
MY POSITION IS:
~ ELECTIVE
o 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
~~ .
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 16
,20~:
(a) A measure came or will come before my agency which (check one)
X 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
#8.3 To pass ordinance #7546-06 re: Beach by Design Guidelines.
Family-owned property in subject area.
Date Filed
s/~;VL
Ignature
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