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08/03/2006 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 3, 2006 Present: Frank Hibbard Mayor Carlen Petersen Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson 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. Pastor Nick Champlin of Faith Christian Church 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. Presentations 4.1 2006 Legislative Wrap-up - Pete Dunbar and Martha Edenfield City Lobbyist Pete Dunbar reviewed substantive issues of the 2006 State Legislative session. In response to questions, he anticipated property insurance and affordable housing to be priorities for 2007. 4.2 Award for long-term commitment to Sister Cities programs. Local students, who participated in the Sister Cities cultural exchange program to Nagano, Japan, presented a gift to the Council. Richard Wisemiller, of Sister Cities, presented an award to Clearwater for its long-term commitment to the program. 4.3 Business of the Year Award The Haven of RCS (Religious Community Services) presented the Business of the Year Award to the City of Clearwater and a Certificate of Appreciation to Laura Davis. 5. Approval of Minutes 5.1 Approve the minutes of the July 20, 2006, City Council meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the regular meeting of June 15, 2006, as amended: page 11, paragraph three, end of sentence one, . . .2) Change to specify motioncarried “C” weighting of sound levels. The was duly seconded and unanimously. Council 2006-08-03 1 6. Citizens to be Heard re Items Not on the Agenda Linda Christman questioned the status of the Kiran and Hyatt hotel projects. Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings 7.1 Approve the Fiscal Year 2006-2007 Consolidated Action Plan to carry forward the goals and objectives set forth in the five year Consolidated Plan created and approved in 2005 as required by HUD, and authorize the City to enter into agreements with organizations that have been recommended for funding in the FY06-07 Consolidated Action Plan. HUD (U.S. Department of Housing and Urban Development) requires communities that receive entitlement funding to prepare an annual plan on how they will expend the funds that they receive. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City’s housing, community and economic development budgets and proposed expenditures based on the entitlement funds and estimated program income that the City will receive. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing, and expand economic opportunities for very low to moderate income households. This year’s Action Plan allocates federal and state funds to provide housing opportunities for very low to moderate income households for new and existing homes, homebuyer education, construction and/or renovation of public facilities, and to fund programs that assist the homeless, single parent households, the elderly, the physically challenged and children, to name a few. In Fiscal Year 2006-2007, the City is estimated to receive federal funds in the amount of $969,479 through the CDBG (Community Development Block Grant), $543,851 through the HOME Investment Partnership Program, and $1,041,268 from the State of Florida through SHIP (State Housing Initiatives Partnership). Funds provided through the HOME and SHIP Programs are limited to housing activities and administration. Funds provided through the CDBG program may be used for housing, community and economic development, public services and facilities, acquisition, demolition, and administration. Additional funding for the FY2006-2007 budget will come from estimated program income funds (loan repayments, loan payoffs, recaptured funds, etc). The City received a total of 34 applications from 21 different organizations. Only three applications did not receive funding. The rest of the applications will be receiving an allocation or will be participating in the City’s Housing Pool. A review committee comprised of professionals in the social service and grants community and one member of the City’s NAHAB (Neighborhood and Affordable Housing Advisory Board) reviewed the applications, scored them and set forth a strategy to maximize the number applicants that will receive a portion of allocated funds. City of Clearwater staff reviewed each application to ensure it met HUD’s and the State’s baseline requirements. The NAHAB at their meeting on May 9, 2006, unanimously approved the recommended allocations contained in the FY (Fiscal Year) 2006-07 Consolidated Action Plan and approved the full Action Plan at their July 11, 2006 meeting. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. Under the Public Services category Council 2006-08-03 2 agencies compete for approximately $145,521 in CDBG funds. The City’s Housing Division received requests for Public Service funding in excess of $429,482. For the FY06-07 CAP, staff proposes to fund $165,521 in Public Service funds, because the HRC (Willa Carson Health Resource Center) is classified as a CBDO (Community Based Development Organization) and they are operating in the NRSA (North Greenwood Neighborhood Revitalization Strategy Area). HUD allows entitlement communities to exceed their Public Services cap, if they provide funding to the CBDO operating in a NRSA. Since the NAHAB and Council has endorsed a sliding scale funding system for Public Service applicants that allows the top two scorers to receive 60% of their request; the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. This allowed all Public Service applicants to receive some funding rather than some agencies not receiving any funding. The same methodology was also used this year for the Public Facility applications. All organizations that will be receiving an allocation, or participating in the City’s Housing or Housing Education Pools, will have agreements prepared and executed by October 1, 2006. Councilmember Jonson moved to approve the Fiscal Year 2006-2007 Consolidated Action Plan to carry forward the goals and objectives set forth in the five year Consolidated Plan created and approved in 2005 as required by HUD, and authorize the City to enter into agreements with organizations that have been recommended for funding in the FY06-07 motioncarried Consolidated Action Plan. The was duly seconded and unanimously. 8.Second Readings - Public Hearing 8.1 Adopt Ordinance 7637-06 on second reading, annexing certain real property whose post office address is 1574 Crown Street into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Ordinance 7637-06 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7637-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.2 Adopt Ordinance 7638-06 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 1574 Crown Street, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7638-06 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7638-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-08-03 3 8.3 Adopt Ordinance 7639-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1574 Crown Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 7639-06 was presented for second reading and read by title only. Councilmember Hamilton moved to pass and adopt Ordinance 7639-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.4 Adopt Ordinance 7643-06 on second reading, annexing certain real property whose post office address is 1614 Stevensons/Stevenson's Drive, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. Ordinance 7643-06 was presented for second reading and read by title only. Councilmember Jonson moved to pass and adopt Ordinance 7643-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.5 Adopt Ordinance 7644-06 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 1614 Stevensons/Stevenson's Drive, upon annexation into the City of Clearwater, as Residential Low. Ordinance 7644-06 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7644-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 8.6 Adopt Ordinance 7645-06 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1614 Stevensons/Stevenson's Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). Ordinance 7645-06 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7645-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-08-03 4 8.7 Adopt Ordinance 7660-06 on second reading, amending the Community Development Code to impose a moratorium upon certain development approvals for the Marina Residential District Subarea of the Beach by Design Special Area Plan concerning Clearwater beach. Councilmember Doran reported a conflict of interest. Ordinance 7660-06 was presented for second reading and read by title only. Three individuals spoke regarding the amendments. In response to questions, it was noted the ordinance contains an exemption for those having filed for a permit by July 1, 2006 and parcels 2.5 acres or larger already have the requirement for public amenities. The Council recessed from 6:59 to 7:04 p.m. In response to a concern, the City Attorney said a new ordinance would be necessary if substantial changes are made. Councilmember Hamilton moved to pass and adopt Ordinance 7660-06 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, and Hibbard. "Nays": None. Abstained: Doran. Motion carried. City Manager Reports 9.Consent Agenda - Approved as submitted. 9.1 Approve an increase to the Marine Operations budget in the amount of $1 million to cover the increased cost of fuel. (Consent) 9.2 Award a contract to Grosz & Stamper, Bid # 06-0028PR, of Tampa, Florida for $170,540.70, for the construction of the east batting tunnels for the EC Moore Fields 8 & 9 and approve a change order deduct in the amount of $16,151.70, which includes a reduction in the contingency from 10% to 5% for a net contract amount of $154,389.00 and authorize the appropriate officials to execute same. (Consent) 9.3 Approve the transfer of $21,077.94 received from Clearwater Housing Authority for payment in lieu of taxes (PILOT Funds) to the Clearwater Homeless Intervention Project, Inc. (CHIP). (Consent) Council 2006-08-03 5 9.4 Ratify and confirm Change Order 2 & Final to Castco Construction, Inc. of Largo, Florida for the "Drew Street and Lady Mary Drainage Improvements Project" (03-0009-EN) increasing the contract amount by $55,707.51 for a new contract total of $437,089.34.(Consent) 9.5 Accept a perpetual, non-exclusive, blanket Water Main and Utilities Easement over, under and across a portion of the Plat of Pinellas Groves being situate in the SE¼ of Section 12-29-15 as recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida, conveyed by Pulte Home Corporation in consideration of receipt of $1 and the benefits to be derived therefrom. (Consent) 9.6 Accept a perpetual, non-exclusive, blanket Water Main and Utilities Easement over, under and across a portion of the East ½ of the Southeast ¼ of Section 12- 29-15 conveyed by Florida Power Corporation, a Florida corporation, in consideration of receipt of $1 and the benefits to be derived therefrom. (Consent) 9.7 Accept a perpetual Landscape & Utility Easement over, under and across a portion of Lot 2, CLEARWATER TOWER, 33 North Garden Avenue, conveyed by Wilder Corporation of Delaware in consideration of receipt of $1 and the benefits to be derived therefrom. (Consent) 9.8 Accept a perpetual ten-foot wide Water Main & Utility Easement over, under and across a portion of Section 3-29-15 conveyed by Peter B. Forret, Trustee of the Sandaker Irrevocable Qualified Trust Agreement dated January 10, 2005, given in consideration of receipt of $7,650 and the benefits to be derived therefrom. (Consent) 9.9 Accept perpetual easement for public right-of-way, sidewalk and underground utilities over, under and across portions of the NW¼ of the NW¼ of Section 16-29-16, Pinellas County, Florida, conveyed by First Baptist Church of Clearwater, Inc., in consideration of receipt of $1 and the benefits to be derived therefrom. (Consent) 9.10 Approve amendment to Florida Department of Environmental Protection (FDEP) cooperative funding agreement WAP050 to extend the expiration date to June 30, 2008 and authorize the appropriate officials to execute same. (Consent) 9.11 Approve an “Interlocal Agreement between Pinellas County and the City of Clearwater for Schematic Level Design Service of the Gulf Boulevard Improvement Program." (Consent) 9.12 Approve the final plat for “RENAISSANCE OAKS” located at 2275 McMullen-Booth Road, which is approximately 0.6 of a mile south of Enterprise Road. (Consent) 9.13 Approve the Florida League of Cities 2006 Award Nominations. (Consent) Councilmember Hamilton 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. 10.Other items on City Manager Reports 10.1 Pass Ordinance 7676-06 on first reading changing the date of the Clearwater Employees Pension Plan special election to March 13, 2007. Council 2006-08-03 6 Due to the length of the November 14, 2006 ballot, the pension referendum is being moved to a later date. This change will not cause any undue problems. Staff can still start the work they would have done after the November referendum. This would minimize the effect of moving the referendum and staff would be in a position to move forward assuming the referendum passes. Councilmember Jonson moved to approve changing the date of the Clearwater motion Employees Pension Plan special election to March 13, 2007. The was duly seconded carried and unanimously. Ordinance 7676-06 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 7676-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 10.2 Adopt Resolution 06-36 authorizing the Marine & Aviation Department to act as Project Manager for the Florida Fish and Wildlife Conservation Commission (FWC) Boating Infrastructure Grant Program on behalf of the City of Clearwater. Applying for grant funding with the FWC (Florida Fish and Wildlife Conservation Commission) for their Boating Infrastructure Grant Program requires the Governing Body adopt a resolution authorizing the Project Manager (the Marine and Aviation Dept.) apply for and administer the grant on behalf of the Applicant (the City). This program provides funds from the U.S. Fish and Wildlife Service to the states to install or upgrade tie-up facilities for transient recreational boats 26 feet or more in length. A project is eligible for funding if it proposes to construct, renovate, and maintain publicly owned boating infrastructure tie-up facilities. To be eligible the City must: - Build these tie-up facilities on navigable waters, available to the public and design the new construction and renovations to last at least 20 years; - Design these tie-up facilities for temporary use for transient non- trailerable recreational vessels; - Build these tie-up facilities in water deep enough for non- trailerable recreational vessels to navigate (a minimum of 6 feet of depth at the lowest tide or other measure of lowest fluctuation); - Provide security, safety, and service for these boats; and, - Install a pump-out station, if constructing a facility for overnight stays. A project is ineligible for funding if the tie-up slips available for occupancy are for more than 10 consecutive days by a single party. The purpose of this request is to be prepared if the City applies for project funding for a portion of the Downtown Boat Slips. Councilmember Doran moved to approve authorizing the Marine & Aviation Department to act as Project Manager for the FWC (Florida Fish and Wildlife Conservation Commission) motion Boating Infrastructure Grant Program on behalf of the City of Clearwater. The was duly carried seconded and unanimously. Resolution 06-36 was presented and read by title only. Councilmember Hamilton moved to pass and adopt Resolution 06-36 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: Council 2006-08-03 7 "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 10.3 Adopt Resolution 06-35 approving Lease 520010893 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for use of sovereign submerged lands beneath Pier 60. The 5-year renewal lease document, prepared by the State, Sovereignty Submerged Land Lease 520010893 with the Board of Trustees of the Internal Improvement Trust Fund (T.I.I.F.), terminated March 31, 2006. The lease premises underlay the Pier 60 footprint on Clearwater beach and include 14,450 square-feet, more or less, of state bottomlands. On December 12, 2005, the Marine and Aviation Department Director provided timely written notice to the Department of Environmental Properties, Bureau of Public Land Administration of the City’s interest in renewing the subject lease for another five years. The renewal was delayed due to the quantity of leases being processed and the fact that they wait on the new rates that come out yearly in March. The lease remains substantially unchanged except for the annual Consumer Price Index increases. The City paid an annual lease fee of $3,975.08 for 2006/2007, budgeted for in the Pier 60 operating budget. The DEP bases this fee on a rate chart category of two times the aquatic preserve with natural shoreline. Last year the charge was .275092 times the 14,450 square-feet of bottomland. The cost of renewing the lease for five years is $512. The DEP implemented a new rule in effect as of January 1, 2006. The City now has to report all income taken in during the previous April through February period for fish admission, general admission, and fish passes. This amount is then multiplied by 6% and the previous annual lease fee is subtracted from it. Any balance remaining is payment required back to the DEP. The income made on admission and fish passes for January through March 2005 was $25,427.29. This amount times 6% is $1,525.64. Because this is less than the $3,877.37 paid last year, the City does not owe the DEP any more this year; $25,427.29 income from admissions from January 2006 – March 2006 x 6% determined by the DEP $1,525.64 - $3,877.37 annual lease fee paid the DEP for 2005/2006 = $0 - nothing more owed to DEP. If the City had to report the entire year, it would have owed the DEP an additional $3,942. This will have to be budgeted for in the future. Councilmember Jonson moved to approve Lease 520010893 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for use of sovereign submerged motioncarried lands beneath Pier 60. The was duly seconded and unanimously. Resolution 06-35 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 06-35 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 10.4 Pass Ordinance 7672-06 on first reading, amending the Charter to allow for boat slips to be built and operated at the Clearwater bay front; setting out the form of the ballot question to Council 2006-08-03 8 go to referendum; and setting the date of November 7, 2006 for a special election for the referendum vote. The City of Clearwater has experienced a loss of wetslips and drystacks due to private redevelopment. The Pinellas County Boating Access Task Force documented a loss of 341 wetslips and 960 drystack racks in Pinellas County from 1996 to 2005. The City Marina waiting list has been capped and demand for boat slips continues to grow. The Downtown Plan contemplates and encourages boat slips, docks and promenades on the waterfront, and provision for such facilities is consistent with said Plan as well as the City of Clearwater's Comprehensive Plan. Pursuant to direction from the City Council, a feasibility study was conducted and the results were presented at the July 18, 2006 Council meeting. A referendum election is necessary to amend the Charter to allow for the building and maintenance of such amenities. The City Attorney reviewed changes made in response to discussion at work session. Suggestions were made for changes: 1) Page one, paragraph one “WHEREAS, the City of Clearwater has experienced a loss of wetslips and high and dry boat storage due to private redevelopment; and . . . ”; 2) Page one, paragraph three “WHEREAS, the City of Clearwater marina waiting list has been capped and demand for boat slips continues to grow; and . . .”; 3) Page one, add paragraph four “WHEREAS during the City Council Visioning process, which included 8 hearings in various areas of the City, many citizens reinforced the vision of Clearwater as a waterfront community and desired to have boat slips on the Downtown waterfront”; 4) Clarify that the promenade will be built on a portion of the footprint of the former bridge and 5) Substitute “parking structure” for “parking garage.” Consensus was to accept all the changes, except changing to “parking structure”. It was suggested that the ballot question include language that indicates City residents will receive first priority for dedicated boat slips and ensures publicly accessible docks. Consensus was to incorporate the language. One person spoke in opposition to the item. It was stated that in addition to 129 boat slips, the proposal provides spots for boaters to tie up during the day while visiting downtown. It was recommended staff develop a rendering to help citizens visualize the proposed docks. It was commented that the proposal is a first step towards making Coachman Park a great place, an activity center always open to the public. Councilmember Doran moved to approve amending the Charter to allow for boat slips to be built and operated at the Clearwater bay front; setting out the form of the ballot question to go to referendum; and setting the date of November 7, 2006 for a special election for the referendum vote, with amendments: 1) Page one, paragraph one to read “WHEREAS, the City of Clearwater has experienced a loss of wetslips and high and dry boat storage due to private redevelopment; and . . . ”; 2) Page one, paragraph three to read “WHEREAS, the City of Clearwater marina waiting list has been capped and demand for boat slips continues to grow; and . . .”; 3) Page one, add paragraph four to read “WHEREAS during the City Council Visioning process, which included 8 hearings in various areas of the City, many citizens reinforced the Council 2006-08-03 9 vision of Clearwater as a waterfront community and desired to have boat slips on the Downtown waterfront”; 4) Clarify that the promenade will be constructed on a portion of the footprint of the former bridge; and 5) Add language that indicates City residents will receive first priority for motion dedicated boat slips and ensures publicly accessible docks. The was duly seconded carried and unanimously. Ordinance 7672-06 was presented for first reading as amended and read by title only. Councilmember Hamilton moved to pass Ordinance 7672-06 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Miscellaneous Reports and Items 11.City Manager Verbal Reports – None. 12.Council Discussion Items 12.1 County Charter Review The City Attorney reported that nine municipalities adopted resolutions to: 1) Authorize litigation regarding CCR (County Charter Review) issues, and 2) Establish a public purpose for expenditure of funds and City resources. It was reported that at yesterday’s Mayor’s Council meeting, 16 cities voted unanimously to approve the formation of a PAC and implement an education campaign opposing the CCR amendments. Discussion ensued regarding CCR amendments and placement of questions on upcoming ballot. Councilmember Hamilton moved to approve authorizing the initiation of litigation and motion providing authority to fund an education campaign. The was duly seconded and carried unanimously. Resolution 06-46 was presented and read by title only. Councilmember Jonson moved to pass and adopt Resolution 06-46 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-08-03 10 Resolution 06-47 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 06-47 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. 12.2 Florida League of Cities Legislative Policy Councils To improve participation, Ms. Goudeau said the FLC (Florida League of Cities) is replacing the legislative policy committees with legislative councils and is encouraging cities to appoint representatives to at least one council: 1) Home Rule Administration Council; 2) Urban Planning Council: 3) Municipal Services Delivery Council; and 4) Fiscal Stewardship Council. While membership is not limited, FLC prefers that cities have only one representative on a council. Vice-mayor Petersen expressed interest in the Municipal Service Delivery Council and Councilmember Jonson the Home Rule Administrative Council. 12.3 2006/2007 Budget Issues Budget Director Tina Wilson requested Councilmembers provide her with their questions prior to the workshop. Information was requested regarding per capita income and how the millage rate is set. Consensus was to schedule a Budget Workshop on August 24, 2006, at 8:30 a.m. 13. Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; acknowledged the Chamber of Commerce’s teachers’ recognition breakfast; encouraged safe driving as schools return to session; expressed condolences to the Seel family; and reported on the Phillies’ economic impact on Clearwater. Councilmember Petersen recommended Sister Cities Advisory Board membership include a youth representative; Got Gov group activities are increasing; and bid farewell to Denise Wilson, who retired. Councilmember Hamilton requested that former City Manager Mike Roberto be kept in thoughts and prayers. Councilmember Jonson congratulated the Mayor regarding Leadership Florida; Clearwater Beach Chamber of Commerce is receiving good press regarding the new Wi-Fi (wireless fidelity); encouraged residents to participate in the election process and work to improve schools; and displayed photos of public transit in Seattle and Denver. Councilmember Doran congratulated Grace House on their anniversary; Arthur Frommer’s Budget Travel Magazine July 2006 issue ranked Clearwater in top 40 U.S. destinations. Mayor Hibbard reported the new Tampa Heart Center has a paperless environment that may reduce health care costs. Council 2006-08-03 11 . . . 14. Adjourn The meeting adjourned at 8:23 p.m. ~~ ~ayor City of Clearwater Attest: Council 2006-08-03 12 T NAME-FIRST NAME-MIDDLE NAME Doran, John MAILING ADDRESS 65 Verbena Street FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Clearwater Cit Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: XI CITY 0 COUNTY NAME OF POLITICAl SUBDIVISION: it of Clearwater MY POSITION IS: COUNTY o OTHER LOCAL AGENCY CITY Clearwater FL DATE ON WHICH VOTE OCCURRED August 3, 2006 ~ 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 terson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which es 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 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 .ou or at your direction. mu 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 86 - EFF. 1/2000 PAGE 1 -----1 n I I APPOINTED OFFICERS (continued) . . A copy of the form must be provided immediately to the other members of the agency. . The form must be reM 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, John Doran , hereby disclose that on All gm: t 1 ,20~: (a) A measure came or will come before my agency which (check one) L 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 #8.7 Adopt Ordinance 7660-06 on second reading, amending the Community Development Code to impose a moratorium upon certain development approvals for the Marina Residential District Subarea of the Beach by Design Special Area Plan concerning Clearwater Beach. 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 8B - EFF. 1/2000 PAGE 2