02/03/2005
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CITY COUNCIL MEETING
CITY OF CLEARWATER
February 3, 2005
Present: Frank Hibbard
William C. Jonson
Hoyt P. Hamilton
Carlen Petersen
John Doran
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Pastor Ken Link of
Lakeview Baptist 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 - Introductions and Awards:
4.1 Introduce new Clearwater Reqional Chamber Director. Beth Coleman
Public Communications Director Doug Matthews introduced the new Clearwater
Regional Chamber of Commerce Director, Beth Coleman, who said she looks forward to
working with the City.
5 - Presentations:
5.1 Satsuki Hiqh School
Parks & Recreation Cultural Affairs Manager Margo Walbolt introduced the students and
teacher from Japan. A delegation from Nagano will visit Clearwater in the Spring. The teacher
said he appreciated the City's hospitality.
5.2 Proclamation: Poppy Day - February 11-12, 2005.
The Mayor proclaimed February 11 and 12 Poppy Day.
6 - Approval of Minutes
6.1 City Council - January 20, 2005
AND
Council 2005-02-03
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6.2 Special Council Meetinq - January 4, 2005
Councilmember Hamilton moved to approve the minutes of the regular meeting of
January 20, 2005, and the special meeting of January 4, 2005, as recorded and submitted in
written summation by the City Clerk to each Councilmember. The motion was duly seconded
and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Nicholas Fritsch proposed flexible lanes for Coronado Drive and announced the Paint
Your Heart Out Clearwater event needs sponsors.
Donald Strausburq reported many Clearwater Airpark pilots are upset about the new
charge for a portion of the FBO's (Fixed Based Operator) stormwater utility fee and requested
the issue be reexamined.
Public Hearings - Not before 6:00 PM
8 - Administrative public hearings - None.
9 - Quasi-judicial public hearings - None.
10 - Second Readings - public hearing
10.1 Adopt Ordinance #7362-05 on second readinq. annexinq certain real property whose post
office address is 2060 Everqreen Avenue. into the corporate limits of the City. and redefininq the
boundary lines of the City to include said addition.
Ordinance #7362-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7362-05 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.
10.2 Adopt Ordinance #7363-05 on second readinq, amendinq the Future Land Use Plan
element of the Comprehensive Plan of the City, to desiqnate the iand use for certain real
property whose post office address is 2060 Everqreen Avenue. upon annexation into the City of
Clearwater. as Residential Urban.
Ordinance #7363-05 was presented for second reading and read by title only.
Council member Hamilton moved to pass and adopt Ordinance #7363-05 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.
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10.3 Adopt Ordinance #7364-05 on second readina, amendina the Zonina Atlas of the City bv
zonina certain real property whose post office address is 2060 Everareen Avenue, upon
annexation into the City of Clearwater, as Medium Densitv Residential (MDR).
Ordinance #7364-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7364-05 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 #7365-05 on second readina, annexina certain real property whose post
office address is 1481 Carolvn Lane, into the corporate limits of the City, and redefinina the
boundary lines of the City to include said addition.
Ordinance #7365-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7365-05 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 #7374-05 on second readina, amendina the Future Land Use Plan
element of the Comprehensive Plan of the City. to desianate the land use for certain real
property whose post office address is 1481 Carolvn Lane, upon annexation into the City of
Clearwater. as Residential Urban.
Ordinance #7374-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7374-05 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 #7375-05 on second readino. amendina the Zonina Atlas of the City bv
zonina certain real property whose post office address is 1481 Carolvn Lane. upon annexation
into the City of Clearwater. as Low Medium Densitv Residential (LMDR).
Ordinance #7375-05 was presented for second reading and read by title only.
Councilmember Hamilton moved to pass and adopt Ordinance #7375-05 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.
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10.7 Adopt Ordinance #7367-05 on second readinq, amendinq the Clearwater Downtown
Redevelopment Plan; by makinq minor editorial amendments; by amendinq Chapter 3 Land Use
Plan/Redevelopment Plan by revisinq the master streetscape and wayfindinq plan by extendinq
th~ Downtown Corridor desiqnation for North Fort Harrison Ave. from Drew Street to Nicholson
Street; by amendinq Chapter 4. Plan Implementation by revisinq the Capital Improvement Plan;
and by amendinq Map 12 to expand the Fort Harrison Streetscape Proiect from Drew St. to
Nicholson Street; and to revise the cost estimates for such proiect.
Ordinance #7367-05 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7367-05 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 #7369-05 on second readin!:!. vacatinq the 50-foot street riqht-of-way of
Beach Drive from San Marco Street north to Baymont Street. subiect to special conditions.
Ordinance #7369-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7369-05 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 #7376-05 on second readinq. amend in!:! Chapter 22. Section 22.24
Code of Ordinances. providinq for hours of operation for parks and a prohibition on trespassinq .
relatinq thereto; and amendinq Section 22.33, bathinq and swimminq areas and the Courtney
Campbell recreation area, Subsection (3), deletinq reference to park hours due to a revision of
applicable hours.
Ordinance #7376-05 was presented for second reading and read by title only.
Councilmember Doran moved to pass and adopt Ordinance #7376-05 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 #7377-05 on second readinq, amendinq Chapter33, Section 33.067.
Code of Ordinances. relatinq to waterways and vessels, to chanqe a defined area for speed
restrictions of vessels.
Three persons spoke in support of the ordinance; one person spoke in opposition.
Discussion ensued regarding the change and concern was expressed in removing one of
the local recreational boating areas. It was felt the problem is being created by the wakes of the
larger boats and that concentrating boaters and skiers in one area would increase the possibility
of injury.
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In response to questions, Marine & Aviation Director Bill Morris said the ski area off
Carlouel Yacht Club is becoming shallower. Due to increased transient traffic, a potential for
increased large boat traffic exists. He said the boat docks at the Island Grill are not for
overnight use.
Discussion ensued that any changes to state law regarding wake zones would have to go
through the legislative process. City Clerk Cyndie Goudeau said the local bill deadlines have
passed and legislation could not be brought forward until 2006. Support was expressed for
revising waterway legislation.
Mr. Morris said the buoy near the north end of Island Estates was intended to create a
buffer for Island Estates by pushing larger boats farther away and moving water skiers away
from docks. It was noted the buoy is in poor condition and difficult to read. The FWC (Fish and
Wildlife Commission) has determined a blind spot exists on the north end of the channel and
could obscure other vessels or other users of the waterway. He said the process for placement
of buoys takes six months. In response to a question, Mr. Morris said the MAB (Marine
Advisory Board) did not initially support extending the minimum wake zone but later changed its
mind.
An opinion was expressed adopting the ordinance would create a worse blind corner
when entering the cove. Concern was expressed regarding the safety of water skiers in this
area.
Ordinance #7377-05 was presented for second reading and read by title only.
Councilmember Jonson.moved to pass and adopt Ordinance #7377-05 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Petersen, and Hibbard.
"Nays": Hamilton and Doran.
10.11 Adopt Ordinance #7384-05 on second readino, repealino Ordinance #6132-97, which
proposed to conditionally vacate the east/west alleyway lyino south of Lots 9, 10, and 11, less
the west 3 feet. Block 4, Gould & Ewinos 2nd Addition.
Ordinance #7384-05 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7384-05 on second and final
reading. The motion was duly seconded and upon roll call, the votewas:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
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City Manager Reports
11 - Consent Agenda - Approved as submitted.
11.1 Accept a Reclaimed Water Main & Utility Easement establishinQ two described
easements. and a Blanket Water Main and Utilities Easement. all to encumber Bayside Arbors
Apartments. 2729 Seville Boulevard, said easements beinQ conveyed by Bayside Arbors, Ltd.. a
Florida limited partnership. over and across portions of Section 17 and Section 20-29-16 in
consideration of receipt of $1.00 and the benefits to be derived therefrom and authorize the
appropriate officials to execute same.
11.2 Reappoint Edward O'Brien, Jr. and appoint Mark A. Smith to the Marine Advisory Board
with terms expirinQ en February 28. 2009..
11.3 Reappoint Dana K. Tallman to the Community Development Board with the term expirinQ
Q!l February 28, 2009.
11.4 Appoint Councilmembers as Representatives on ReQional and Miscellaneous Boards:
Hibbard - Mayors' Council. Tampa Bay Partnership Board of Governors and Policy Board. MPO;
Jonson - Suncoast LeaQue of Municipalities Board of Directors. Tampa Bay Estuary Policy
Board. St. Pete/Clearwater Area Economic Development Council. PST A; Hamilton - BIG C.
PPC. PAC; Petersen - TBRPC. PAC; Doran - PAC; recommend Doran be appointed to the
City/County Homeless Policy Group and recommend Petersen and Doran be appointed CRA
ex-officio members of the DDB.
11.5 Authorize the City Attorney to settle all claims in the case of Ritz v. City of Clearwater. a
discrimination suit. for the amount of $18,750 inclusive of all fees and costs.
Purchasing
11.6 Great Southern Peterbilt Inc. - Four 2005 Peterbilt cab and chassis for $369.868.14.
11.7 Increase the contract with Fleet Products Inc. from $95,000 to $145.000 (Increase of
$50.000) for the Pll.L~bA~~_9LI}11~~ellane.Qus vehicle parts durinQ the. remainder of the award
period endinQ June 30. 2005.
Councilmember Petersen moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
12 - Other items on City Manager Reports
12.1 IAFF Union neQotiations update.
The City Attorney reported an impasse hearing has been scheduled with the IAFF
(International Association of Fire Fighters) on February 16, 2005, at 8:00 a.m.
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13 - City Attorney Reports
13.1 Pass Ordinance #7400-05 on first readino, amendino Ordinance #6779-01 as amended by
Ordinance #7350-04. vacatino the 60 foot rioht-of-way of Third Street (AKA Third Avenue).
bounded on the east by the westerly rioht-of-way line of Coronado Drive and bounded on the
west by the easterly rioht-of-way line of South Gulfview Boulevard: subiect to special conditions;
amendino the special conditions.
In Ordinance #6779-01, the City Council granted the vacation requested by Seashell
Resort, LLC, of the above right-of-way, subject to special conditions, which have not been met.
In Ordinance #7350-04, the conditions described in Ordinance #6779-01 were amended.
The current owners, Crystai Beach Capital, LLC, have requested an amendment to the
conditions that will change the required commencement of construction to March 6, 2006, rather
than one year from the effective date of Ordinance #7350-04.
Councilmember Hamilton moved to approve amending Ordinance #6779-01 as amended
by Ordinance #7350-04, vacating the 60 foot right-of-way of Third Street (AKA Third Avenue),
bounded on the east by the westerly right-of-way line of Coronado Drive and bounded on the
west by the easterly right-of-way line of South Gulfview Boulevard; subject to special conditions;
amending the special conditions. The motion was duly seconded and carried unanimously.
Ordinance #7400-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7400-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
13.2 Pass Ordinance #7401-05. amendino Ordinance #6780-01 as amended by Ordinance
#7351-04. which vacated the east 35 feet of the 70-foot rioht-of-way of Gulfview Blvd., bounded
on the north by the westerly extension of a line parallel to and 20 feet north of the northerly lot
line of Lots 57 and 104 of Lloyd-White-Skinner subdivision. as recorded in Plat Book 13, paoe
12 of the Public Records of Pinellas County. Florida. and bounded on the south by the westerly
extension of the south lot line of Lot 59. of said L1ovd-White-Skinner subdivision. subiect to
special conditions: amendino the special conditions.
In Ordinance #6780-01, the City Council granted the vacation requested by Seashell
Resort LLC of the above-described right of way, subject to special conditions, which have not
been met.
In Ordinance #7351-04, the conditions described in Ordinance #6780-01 were amended.
The current owners, Crystal Beach Capital, LLC, have requested an amendment to the
conditions that will change the required commencement of construction to March 6, 2006, rather
than one year from the effective date of Ordinance #7351-04.
Council member Petersen moved to approve Ordinance #7401-05, amending Ordinance
#6780-01, as amended by Ordinance #7351-04, which vacated the east 35 feet of the 70-foot
right-of-way of Gulfview Boulevard, bounded on the north by the westerly extension of a line
parallel to and 20 feet north of the northerly lot line of Lots 57 and 104 of L1oyd-White-Skinner
Council 2005-02-03
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subdivision, as recorded in Plat Book 13, page 12 of the Public Records of Pinellas County,
Florida, and bounded on the south by the westerly extension of the south lot line of Lot 59, of
said L1oyd-White-Skinner subdivision, subject to special conditions; amending the special
conditions. The motion was duly seconded and carried unanimously.
Ordinance #7401-05 was presented for first reading and ready by title only.
Councilmember Jonson moved to pass Ordinance #7401-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
14 - City Manager Verbal Reports
14.1 Old Florida District Analysis - Not given.
14.2 Pelican Walk Update
The City Manager reported the Pelican Walk developer would likely require an extension
to construct the project. General agreement was that specific milestones are needed in order
for an extension to be considered.
14.3 - Conqestion on Ft. Harrison
The City Manager reported on traffic congestion due to closure of Ft. Harrison Avenue
between Jones and Drew Streets. Ft. Harrison Avenue is scheduled to reopen Saturday.
14.4 Public Communications Survey
The City Manager touched on how we would be responding to results from the Public
Communications Survey. Consensus was to discontinue the Mayor's Show.
15 - Council Discussion Items - None.
16 - Other Council Action
Mayor Hibbard requested input on his proposed initiatives.
The Council expressed support for Veteran's Day and breakfasts with Councilmembers.
Staff to more fully develop. While support was expressed for the Well City initiative, additional
details regarding implementation will be brought forward. Support also was expressed for the
Senior Center with a Task Force to be appointed to develop plans on which to base an
appropriation request in the 2006 State Legislative Session.
Mavor Hibbard said St. Petersburg Mayor Baker requested support for their effort to get
the County to extend their CRA (Community Redevelopment Agency). Consensus was to
support.
Councilmember Doran said he better appreciates what it means to be a Councilmember
and explained how he learned to water ski.
Council 2005-02-03
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Councilmember Petersen met with David & Goliath Company; reported the Sayonara
party at Moccasin Lake is on February 8, 2005, the Sister City visitors and Nagano delegation
will visit Clearwater from April 26 - 29, 2005; and looks forward to this week's redevelopment
summit.
Councilmembers Petersen and Hamilton thanked attendees of the Tpwn Hall meeting.
Councilmember Jonson reported the fifth Annual Parent University at Countryside High
is February 26, 2005; congratulated the Mayor on his appointment as MPO Secretary/
Treasurer; announced the Suncoast League of Cities meeting and Paint Your Heart Out
Clearwater on March 19, 2005 and the Suncoast League of Cities annual meeting on May 20 -
22, 2005; and is participating in Leadership Tampa Bay.
Councilmember Hamilton will attend the Public Gas Association meeting in Washington
D.C. and urged Council members to attend the February 8,2005, meeting regarding the
condominium conversion study.
Mayor Hibbard thanked the Greek community regarding the Theodoris statue and John
Morroni regarding the award dinner recognizing City public safety employees; spoke with
Tampa and St. Petersburg mayors regarding common issues; recognized Ruth Eckerd Hall for
having the top ticket sales in Tampa Bay; congratulated Willa Carson for her Point of Light
award from the Governor today; announced the Farmers Market's tenth anniversary on
February 9, 2005, their March chili cookoff; and next Work Session is February 14, 2005, at
1 :00 p.m.
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17 - Adjourn
The meeting adjourned at 8:42 p.m.
..-t~~
'JQr8yor .
City of Clearwater
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Ci.d-t:.. CityClk .. '/~
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Council 2005-02-03
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l FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
.~~_~R~l~~M~~N~!CIPAL, AND OTH~~F~~~~~C~~S~N~~~R~~~!~:RS
Hamilton, Hoyt Clearwater City Council
MAILING ADDRESS THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
2410 Parkstream Ave. WHICH I SERVE IS A UNIT OF: .
~ CITY a COUNTY
NAME OF POLITICAL SUBDIVISION:
CITY
COUNTY
Pinellas
a OTHER LOCAL AGENCY
Clearwater, FL 33759
DATE ON WHICH VOTE OCCURRED
Januarv 20 2005
MY POSITION IS:
~ 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
~erson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
.~s to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughier-in-Iaw. 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 (whE!re 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
.u or at your direction.
)U 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
January 20
:r
.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,
.X- inured to the special gain or loss of my relative, f::lrhpr ::Inn hrnrnpn::
inured to the special gain or loss of . by
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:
, which
Item 9.5
Approve amendment to the Community Development Code imposing a moratorium
upon certain development approvals for the Old Florida District Subarea of
the Beach by Design Special Area Plan concerning Clearwater Beach and Pass
Ordinance No. 7385-05.
G I /zO/05
Date Filed
~~
. f
S gnatur
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 BB - EFF. 1/2000
PAGE 2
~.
~ Clearwater
.
u
Hoyt Hamilton
Councllmember
January 5, 2005
Ms. Bonnie J. Williams
Executive Director
The Florida Commission on Ethics
P.O. Drawer 15709
Tallahassee, Florida 32317-5709
COPIES TO
CITY COUNCIL
JAN 1 0 2005
PRESS
CLERK/ATTORNEY \
Re: Request for Advisory Opinion
from the City of Clearwater
Dear Ms. Williams:
Would a prohibited voting conflict of interest be created were I, as a City of Clearwater's Councilmember,
vote on an ordinance enacting a 9-month building moratorium that would affect 36.4 acres of the City's Old
Florida District, an area in which my father, three brothers, and I own approximately 1.5 acres?
The City of Clearwater is proposing to enact a temporary building moratorium ordinance within the Old
Florida District Subarea of the Beach by Design Special Area Plan concerning Clearwater Beach. During
.the moratorium, the City will not process or issue any comprehensive plan amendments, rezonings,
development approvals, development orders, building permits, or other related permits, nor shall it process
applications on all new uses with the exception of neighborhood-serving retail issues; renovation and
revitalization of existing improvements [with limited new construction where renovation is not practical]. and
single-family dwellings and townhomes.
I own a 25% interest in approximately .5 acres of the 1.5-acre parcel. My brothers own the remaining 75%
interest in the 5 acre parcel. My father owns approximately 1 acre. According to my calculations, the 1.5-
acre parcel constitutes a little over 4% of the total acreage affected by the moratorium; my 25% interst in
the .5 acre parcel constitutes less than .2 acres, which is substantially less than 1 % ownership interest out
of the 36.4 acres under consideration. We are contemplating redevelopment opportunities for the property
and may submit an application for redevelopment in the foreseeable future.
Would my participation in the vote on this ordinance constitute a conflict of interest, voting or otherwise? In
the event that I am prohibited from voting, may I participate in the discussion with the Council?
Thank you in advance for your time and consideration of this matter. Please feel free to contact me at City
Hall at (727) 562-4050 or cell) (727) 224-7868 should you have any further questions or concerns.
www.myclearwater.com
Equal Employment and AmrmaHve AcHon Employer
01/11/2005 10:08
850-488-3077
FLA. COMM ON ETHICS
PAGE 02/02
.~
Joel K. Custafson
CJr. au
John A. Crnnt, Jr.
VICe Chair
Pd1:r Antonacci
Kurt D. JontS
John P. umltroth
Ollnles Lydeckc:r
Tho~ P. SOIrritt, Jr.
Richllrd 1.. Spea1"S
Catherine B. Whadcy
Bonnie.J. WillinnLS
r=uiw! Director
.
Philip C Cla,ypool
Genunl Cou:n.~el
State or FlorW2
COMMISSION ON ETHICS
3600 l'obclll)' mveL, South, Suite :201
P.O. Drawer 15709
T:ill~.u.'<CC, FL 32317--5709
(8S0) 488-7864 )'l1one
278-7864 SunC'Om
(850) 488-3077 (FAAl
www.ethics.stllk.fi.us
January 11, 2005
,- "("i t:~S'C'(~ "Ir'n
-_J .,....'~;.:. fC.:::i:'S' r- ~
The Honorable Hoyt Hamil~on
Councilrnernber
City of Clearwater
P.o. Box 4748
Clearwater, Florida 33758-4746
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Dear Mr. Hamil~on:
i .. ~. i 1 0 2005
i".;HESS
.~~~f~jV'ATTORNEY
Re: Your letter dated January 5, 2005
It appears ~hat a voting conflict of interest under Section
112.3143(3) (a), Florida s~atutes, would be created for you regarding
measures concerning a building moratorium affecting 36.4 acres, of which
you, your father, and your brothers own approximately 1.5 acres. See, for
example, CEO 95-4 (county planning commissioner voting on comprehensive
plan amendment affecting property of ranch in which he, his daughter, and
his business associates own in~erests), viewable on the Commission's
website. Therefore, regarding all votes on measures concerning the
moratorium, you should orally state that you and your relatives own
property in ~he affected area, abstain from voting, and timely file CE
Form 8B (Memorandum of voting Conflict), l following the directions on the
Form for elected officers.
.
As an elected (rather than an appointed) officer, you are not
subject to the ~participationH restrictions/requirements contained in
section 112.3143 (4), Florida Statutes. Therefore, you may participate
regarding the measures (short of voting), provided you comply with the
requirements for elected officers mentioned above.
Please call me if you have any questions.
Sincerely,
/.~.~~
C. Christopher Anderson, III
Senior Attorney
I forms 69 sre ~val12bla on the Co~ission on Ethics' ~b~itp. or fro~ Supervisors of
Elections.
.
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