Loading...
04/06/2006 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 6, 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 Mayor offered the invocation and 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 Business of the Quarter - Business Beautification Recognition Award – Liberty Bank 6 - Approval of Minutes 6.1 City Council – March 16, 2006 Councilmember Petersen moved to continue Item 6.1 to April 20, 2006. 7 - Citizens to be Heard re Items Not on the Agenda John Wiser reviewed upgrades to the Countryside Recreation Center and said he will be bring forward capital improvement recommendations for the Countryside area. Clearwater East Rotary Club representatives, Karen Bueller, Mary Duffy, and Nelda Gant, reviewed survey results regarding installation of restroom facilities at Forest Run Park. Anne Garris is researching alleged mis-statements by Save the Bayfront and opposed downtown boat docks. Council 2006-04-06 1 Public Hearings - Not before 6:00 p.m. 8 - Administrative public hearings 8.1 Approve revisions to the Community Development Code and pass Ordinance 7605-06 on first reading. The Planning Department is recommending a total of 30 amendments to the Community Development Code. The amendments present a change in current policy or a new policy issue and are outlined here: 1) Parking Requirements - This ordinance increases the Residential Infill Project minimum parking space requirement for residential dwellings from 1 space to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts; 2) Comprehensive Infill Redevelopment - The ordinance proposes amendments to improve the flexibility criteria for Comprehensive Infill Redevelopment projects; 3) Density for Overnight Accommodations - This ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre; 4) Restaurants, permitted as a primary use in the IRT District - The ordinance proposes to permit restaurants as a primary use through both minimum standard development and flexible standard development; 5) Parking of vehicles on grass, by City permission. This ordinance proposes to allow public purpose parking on grass surfaces, if approved by the City Manager or the Community Development Coordinator. Other amendments are editorial in nature, provide additional flexibility criteria, or refinements to existing Community Development Code sections. Those amendments address parking restrictions on residential lots, graffiti, and the removal or impounding of inoperative vehicles on public property. The definitions of "Community Development Coordinator," and "Retail Sales and Services" are amended. The ordinance also prohibits building projections and attachments, such as awnings or signs, from being garish or gaudy. The CDB (Community Development Board) reviewed the proposed amendment at its regularly scheduled meeting on March 21, 2006, and recommended its approval to the City Council. Planning Director Michael Delk said staff has initiated changes discussed at Monday’s Work Session. One resident spoke in support of clarifying criteria related to infill. Mr. Delk reviewed criteria, which must be met to qualify for infill development approval. Councilmember Hamilton moved to approve revisions to the Community Development motion carried Code. The was duly seconded and unanimously. Ordinance 7605-06 was presented for first reading and read by title only. Councilmember Jonson moved to pass Ordinance 7605-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. Council 2006-04-06 2 9 - Quasi-judicial public hearings – None. 10 - Second Readings - public hearing 10.1 Adopt Ordinance 7546-06 on second reading, making amendments to Beach by Design by amending Section II, Future Land Use, Subsection A, the "Old Florida" District; by amending Section II, Future Land Use, Subsection C, Marina Residential District; and by amending Sections V.B and VII.A Councilmember Hamilton declared a conflict of interest. Ordinance 7546-06 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7546-06 on second and final reading. The motion was duly seconded. It was felt this is a lost opportunity to increase open space and view corridors. It was stated these amendments implement necessary changes and the City Council will discuss additional guidelines. Upon roll call, the vote was: "Ayes": Petersen, Doran, and Hibbard. "Nays": Jonson. Abstained: Hamilton. Motion carried . 10.2 Adopt Ordinance 7582-06 on second reading, making amendments to the Community Development Code Section 4-608 "Neighborhood Conservation Overlay Districts" by revising the designation criteria, designation process and requirements of the Neighborhood Conservation Overlay District. Ordinance 7582-06 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance 7582-06 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 7591-06 on second reading, annexing certain real property whose post office address is 1425 Regal Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Council 2006-04-06 3 Ordinance 7591-06 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7591-06 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 7592-06 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 1425 Regal Road, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7592-06 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7592-06 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 7593-06 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 1425 Regal Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7593-06 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7593-06 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. 10.6 Adopt Ordinance 7594-06 on second reading, annexing certain real property whose post office address is 1604 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the City to include said addition. Ordinance 7594-06 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance 7594-06 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 7595-06 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 1604 North Betty Lane, upon annexation into the City of Clearwater, as Residential Low. Council 2006-04-06 4 Ordinance 7595-06 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7595-06 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. 10.8 Adopt Ordinance 7596-06 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 1604 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7596-06 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7596-06 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. 10.9 Adopt Ordinance 7603-06 on second reading, amending the City's fiscal year 2005/2006 Operating Budget at first quarter. Ordinance 7603-06 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7603-06 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. 10.10 Adopt Ordinance 7604-06 on second reading, amending the City's fiscal year 2005/2006 Capital Improvement Budget at first quarter. Ordinance 7604-06 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance 7604-06 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. 10.11 Adopt Ordinance 7606-06 on second reading, amending Chapter 33, Section 33.067, Code of Ordinances, relating to waterways and vessels to change a defined area for speed restrictions of vessels greater than 25 feet in length. Assistant City Manager Garry Brumback said current rules remain in effect until the State approves this change. Council 2006-04-06 5 Ordinance 7606-06 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7606-06 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 less Items 11.3 and 11.5. 11.1 Approve Contract #LE591 – Clean Vessel Act Grant Agreement with the Department of Environmental Protection (DEP) and authorize the appropriate officials to execute same. 11.2 Approve co-sponsorship and waiver of requested City fees and service charges for FY2006-2007 special events including seven annual City events; and nineteen City co- sponsored events; at an estimated gross cost of $619,145 ($137,500 representing cash contributions and $481,645 representing in-kind contributions) for the purposes of departmental budget submittals. 11.3 Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes base bid, and a 10% contingency and authorize the appropriate officials to execute same. (Pulled) 11.4 Ratify and confirm the City Manager’s approval of the First Amendment to CBS Radio Agreement dated February 24, 2005 to co-promote the festival on March 11, 2006 known as “Wildsplash” located in Coachman Park. 11.5 Award a contract for civil work for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Keystone Excavators, Inc. of Oldsmar, Florida, in the amount of $220,330, which includes base bid, alternates 12-27a and a 10% contingency and authorize the appropriate officials to execute same. (Pulled) 11.6 Appoint members to serve on the Public Art and Design Board beginning on April 1, 2006, as established by Ordinance 7489-05 (Public Art and Design Program): 4 year terms - Joshua Bomstein, Clearwater Arts Foundation; George Ann Bissett, citizen and Alex Plisko, architect; 3 year terms - John Timberlake, citizen and Howard Warshauer, citizen; 2 year terms Davida Milne, artist and Mark Flickinger, Pinellas County Arts Council. 11.7 Approve submission of two grant applications that request funding for hiring of additional police officers for the Clearwater Police Department (CPD). 11.8 Approve the final plat for “Costa Verde” located at the intersection of Countryside Blvd. and Council 2006-04-06 6 Enterprise road addressed as 2506 Countryside Boulevard. 11.9 Accept a 149 square-foot, more or less, perpetual Traffic Signal and Utility Easement over, under and across a portion of Lot 11, COLUMBIA SUBDIVISION NO. 5 conveyed by Fulvio DiVello, Trustee of the DiVello Land Trust dated August 10, 2004, as amended and restated July 1, 2005, given in receipt of $1.00 and the benefits to be derived therefrom. 11.10 Approve a Subordination Agreement with the Florida Department of Transportation ("FDOT") regarding Parcel No. 111.06, WPI/SEG 7116967/3568811, S. R. 55, Section 15150- 2579 as same may encumber Lot 1, DON PABLO'S - NURSERY ROAD subdivision, and authorize appropriate officials to execute same. 11.11 Award a contract in the amount of $500,000 to Rowland Inc. of Pinellas Park, Florida, for the repair and rehabilitation of sanitary sewer manholes and large diameter sewer pipes at various locations throughout the City of Clearwater, and that the appropriate officials be authorized to execute same. 11.12 Award a contract to Volt Telecom Group, of Port Richey, Florida for the Water Main Improvements Project – Phases 15, 16, & 17 (05-0003-UT), in the amount of $1,965,654.90, which is the lowest responsive bid received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. 11.13 Award a construction contract to Classic Protective Coatings of Menomonie, Wisconsin for the Elevated Water Storage Tank Modifications (04-0048-UT) in the amount of $1,954,700, which is the lowest responsible bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. 11.14 Elect Councilmember Petersen as Vice Mayor. 11.15 Award a contract (purchase order) to Ring Power, Tampa, FL in the amount of $367,007, for the purchase and installation of one New Caterpillar Model 3516MUI Diesel Powered generator, set rated at 1750 Kw, for The Marshall Street Water Pollution Control Facility in accordance with Section 2.564 (1)(d), Code of Ordinances - GSA Contract GS-07F-566R, and the appropriate officials be authorized to execute same. 11.16 Award a Contract (purchase order) to Pat's Pump & Blower of Orlando, FL for the purchase of one Aquatech Sewer Cleaner Truck at a cost of $192,041 and declare G1902, Vactor Sewer Cleaner Truck, as surplus to the needs of the City for trade-in and authorize the appropriate officials to execute same. 11.17 Award a contract (purchase order) to M&J Construction Company of Tarpon Springs, FL for the cleaning, repair, preparation and painting of deteriorated ceiling areas and all structural steel members over the Long Center pool, pool deck and viewing bleachers for $405,000 and authorize appropriate officials to execute same. Councilmember Petersen moved to approve the Consent Agenda as submitted, less Items 11.3 and 11.5, which were pulled from the Agenda, and that the appropriate officials be motioncarried authorized to execute same. The was duly seconded and unanimously. Council 2006-04-06 7 12 - Other items on City Manager Reports 12.1 Approve amending the Code of Ordinances, establishing Section 47.053 to require supplemental radio communication equipment installation for uninterrupted transmissions through buildings and structures and pass Ordinance 7617-06 on first reading. The City of Clearwater operates an 11-channel public safety radio system in the 800 megahertz (MHz) band. The system was designed to provide clear, intelligible, in-building communication from portable radios with public safety speaker microphones mounted at shoulder height with an area coverage reliability of better than 95%. The City has discovered that some new or existing large building structures affect the radio system coverage. The effect on radio coverage is dependent on location (distance from the radio transmitter and receiver and other buildings in the vicinity), height, front area projections, and construction materials. If engineering studies indicate that there is a potential for reduction in radio system coverage to a level below that considered acceptable for reliable public safety communications, corrective action will be required to assure radio system coverage reliability is retained. At the minimum, a Radio Signal Booster System will be required. In extreme situations, it may be necessary to install a satellite receiver station. This new ordinance includes the requirement for a Radio Signal Booster System. This system will correct for a predicated reduction in the radio signal through fade margin studies. This system will boost signals to a level that is required to assure the 95% area coverage reliability needed for public safety communications. Single-family residences, townhouses as defined in the Florida Building Code – Residential –with four or fewer stories, multiple family structures with four or fewer stories, and/or other buildings with less than 250 horizontal feet in one dimension are exempt. This ordinance will apply to all new construction and remodels/renovations where the cost of the job amounts to 50% or more of the value of the existing structure. Councilmember Jonson moved to approve amending the Code of Ordinances, establishing Section 47.053 to require supplemental radio communication equipment installation motion for uninterrupted transmissions through buildings and structures. The was duly carried seconded and unanimously. Ordinance 7617-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7617-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard. "Nays": None. 12.2 Appoint one alternate member to the Community Development Board with the term expiring on April 30, 2010. Councilmember Jonson moved to appoint Bob Fernandez as Alternate Member to the Community Development Board with the term expiring on April 30, 2010. There was no second. Council 2006-04-06 8 Discussion ensued regarding applicant backgrounds with concern expressed that Mr. Dennehy now is a developer and articulates policy to advance development. Support for Mr. Dennehy was expressed based on his background as a small businessman and architect, his expertise, and experience. Councilmember Hamilton moved to reappoint Daniel Dennehy as Alternate Member to motion the Community Development Board with the term expiring on April 30, 2010. The was duly seconded. Councilmembers Hamilton, Petersen, Doran, and Mayor Hibbard voted “Aye”; carried Councilmember Jonson voted “Nay.” Motion . 12.3 Adopt Resolution 06-28, opposing the PSTA request to site their new Transfer Station at Greenwood Avenue and Wyatt Drive. Mr. Delk reported that PSTA (Pinellas Suncoast Transit Authority) proposes to rezone property in unincorporated County just outside City limits at Greenwood Avenue and Wyatt Drive and relocate the Downtown Transfer Station there. Proposed location is surrounded by residential properties and cannot be integrated with arterial public transportation systems. The history of issues related to the transfer station was reviewed. It was reported that PSTA feels this property meets its basic requirements. The PSTA Board of Directors voted 9:2 in support of the location, with conditions, including one related to rezoning the property. Discussion ensued regarding role of public transportation in downtown redevelopment. In response to a recommendation, Assistant City Manager Rod Irwin said staff could renew efforts and work with PSTA to find a solution and identify an appropriate location. Support was expressed for the City, County, or PSTA retaining control of the current transfer station location as it will be difficult to recover it from a developer. In response to a recommendation that the Clearwater Automotive site serve as a permanent or temporary location, Mr. Irwin said it will take a year or more to prepare site for residential use. Mr. Delk recommended against a mixed-use combining a transfer station with affordable housing due to Code and safety requirements. Discussion ensued regarding resolution language. The City Council recessed from 7:20 to 7:32 p.m. Consensus was to add “Whereas, Pinellas County is evaluating a location for a Health Service Campus; the City wishes to collaborate with the County and PSTA to find an appropriate location for the transit facility which would optimize access by people using public transportation.” In response to a question, Mr. Brumback said the County is considering other areas for a health care campus. It was recommended that the resolution not obligate anybody. Councilmember Hamilton moved to oppose the PSTA request to site their new Transfer motion carried Station at Greenwood Avenue and Wyatt Drive. The was duly seconded and unanimously. Council 2006-04-06 9 Resolution 06-28 was presented and read by title only. Councilmember Jonson moved as amended to pass and adopt Resolution 06-28 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 14.1 Work Session conflicts - second Monday of the Month Due to conflicts on the second Mondays of the month, consensus was to reschedule meeting conflicts: 1) June 12, 2006 Work Session rescheduled to June 13, 2006 at 1:30 p.m.; 2) August 14, 2006 Work Session rescheduled to August 15, 2006 at 9:00 a.m.; and 3) November 13, 2006 Work Session rescheduled to November 14, 2006 at 1:30 p.m. 14.2 Update on SR580 – collapsed sewer pipe Mr. Brumback provided an update on the closure of SR 580 between Countryside Boulevard and Landmark Drive due to a collapsed sewer line. The road will remain closed for approximately one week while the pipe is replaced. Staff has informed the public via dynamic message boards, media contacts, and press releases. 15 - Council Discussion Items 15.1 Story Corps Concept - Hibbard Mayor Hibbard recommended implementing a project similar to one done by National Public Radio, and videotape residents with historic knowledge about Clearwater, telling stories and then putting the stories together. Public Communications Director Doug Matthews agreed it would be a good inter-generational project, which would not cost much money but would depend heavily on staff resources. He recommended the project have a limited time period. Discussion ensued regarding local resources such as GotGov, North Ward Elementary, the North Greenwood Library, and the Clearwater Historical Society. Consensus was to support a program to record resident stories and produce a vignette. 15.2 Citizen Advisory Committee Appointment - Hibbard Consensus was to recommend appointing Norma Carlough to the MPO (Metropolitan Planning Organization) Citizen Advisory Committee. 15.3 Visit Florida Grant Application for Courtney Campbell Causeway - Jonson Council 2006-04-06 10 . . . Consensus was to send a letter in support of the Scenic Highway group's application for a $5,000 grant from Visit Clearwater. 16 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events, thanked volunteers who served on advisory boards and attended the appreciation dinner; thanked the Fire Department for demonstrating its extraction vehicle; thanked 21 neighborhoods who participated in Neighborhoods Day; and thanked those who participated in Paint Your Heart Out Clearwater. Councilmember Hamilton congratulated staff for handling beach traffic during Spring Break. Councilmember Jonson recommended the City participate in Tampa Bay Partnership's Things Look Different Here Study; and take extra efforts to enhance our special environment; reviewed legislative issues; and invited interested residents to participate in Leadership Pinellas. Mayor Hibbard reported the passing of Muriel Watson and thanked Vice Mayor Jonson for his 15 months of service in that position. 17 - Adjourn The meeting adjourned at 8:19 p.m. ~..--/ K~ -Miyor ' City of Clearwater Attest: c~c. JL.~90_ Cit lerk Council 2006-04-06 11 FORM 88 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, Hoyt Paul MAILING ADDRESS 2410 Parkstream Avenue CITY Clearwater, FL DATE ON WHICH VOTE OCCURRED April 6, 2006 COUNTY Pinell THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Xl CITY (J COUNTY NAME OF POLITICAL SUBDIVISION: City of Clearwater MY POSITION IS: (J OTHER LOCAL AGENCY XI. 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 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- re 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~ct~ . 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 ~ you or at your direction. ~OU 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 Hamil ton , hereby disclose that on April 6 2006 . '-' (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 #10.1 Adopt Ordinance #7546-06 re: amendments to Beach by Design. Family-owned property in subject area. 1--7-0& / Date Filed 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 PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2