05/04/2000
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note: 5-1-00 Preliminary (Worksession) Agenda and paperwork that was
in package initially but then not continued onto Thursday's agenda is at
the back of this agenda pack.
7/0
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 4, 2000 - 6:00 P.M. - Commission Chambers
1 . Invocation - Reverend Anton DeWet, Faith United Church of Christ.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards
a) Proclamation: Tourism Week - 5/7-13/00
b) Proclamation: Emergency Medical Awareness Week - 5/14-20/00
5. Presentations - None.
6. Approval of Minutes - Regular Meeting 4/20/00 - Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Kevin Theisman and Bob Henion expressed concern the proposed Fire Department budget will not
meet the safety needs of Sand Key residents.
Bill Jonson encouraged residents to contact elected State officials to oppose amendments that
would financially burden municipalities, when ordering the removal of billboards.
PUBLIC HEARINGS
Not Before 6:00 P.M.
Second Reading Ordinances
8. Ord. #6510-00 - Annexation, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John &
Margaret Payne, AOO-03)
ACTION: Ordinance adopted.
9. Ord. #6511-00 - Land Use Plan Amendment to Residential Low, 1620 Stevenson's Dr.,
Stevenson's Heights, Blk A, Lot 13 (John & Margaret Payne, AOO-03)
ACTION: Ordinance adopted.
10. Ord. #6512-00 - LMDR Zoning, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John
& Margaret Payne, AOO-03)
ACTION: Ordinance adopted.
11. Ord. #6513-00 - Annexation (& redefining boundary lines of City to include said addition), 2600
Block Belleair Road extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited
Partnership, AOO-04)
ACTION: Ordinance adopted.
12. Ord. #6514-00 - Land Use Plan Amendment to Commercial General, 2600 Block Belleair Road
extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch limited Partnership, AOO-04)
ACTION: Ordinance adopted.
13. Ord. #6515-00 - Commercial Zoning, 2600 Block Belleair Road extension, Sec. 20-29-16, M&B
33.07 (Grand Bellagio at Baywatch limited Partnership, AOO-04)
ACTION: Ordinance adopted.
5/4/00
1
14. Ord. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including
amendments to future land use, transportation/traffic circulation, housing, utilities, coastal zone
management, conservation, recreation and open space, intergovernmental coordination, and
capital improvements elements; making substantive changes as recommended in the Evaluation
and Appraisal Report (EAR)
ACTION: Continued to 5/18/00.
15. Ord. #6527-00 - Annexation (& redefining boundary lines of City to include said addition), 1400
Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., AOO-05)
ACTION: Ordinance adopted.
16. Ord. #6528-00 - land Use Plan Amendment to Residential Low, 1400 Block of N, Belcher Rd.,
Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., AOO-05)
ACTION: Ordinance adopted.
17. Ord. #6529-00 - LDR Zoning, 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02
(Sarandaporou Partners, Inc., AOO-05)
ACTION: Ordinance adopted.
18. Ord. #6534-00 - Amending Art. XIX of Appendix A, Code of Ordinances, relating to Schedule of
Fees, Rates and Charges for Streets, Sidewalks, Other Public Places; fee increase from $7.50 per
day to $10 per day for daily use of revenue generating parking spaces
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19-25) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a single motion.
However, any City Commissioner or the City Manager may remove an item from the Consent Agenda
for discussion and to vote on items individually.
19. Approval of Purchases per Purchasino Memorandum:
1) Skypainter Fireworks International, 1 st of 2 renewal options, fireworks presentations, 5/5/00-
4/30/01, est. $50,000 (PR)
2) Ross Systems Inc., financial system software license & maintenance, 6/30/00-6/29-01, est.
$85,000 (IT)
3) Xerox Corporation, 4 digital copy machines, addition to 5 current lease machines, extending
period from 10/31/04 through 5/31/05, increasing contract awarded 10/7/99 by $101,000 for
est. total $216,000 (IT)
20. Trustees of Clearwater Firefighters' Supplemental Trust Fund - reappoint Myron Ahrens & Rick G.
Stucker (FD)
21. Accept 3 grants & approve corresponding agreements with Juvenile Welfare Board, totaling
$72,955 for 100% funding of 3 new summer camp programs (Surf and Safari, Kings Highway, &
Teens on the Run)(PR)
5/4/00
2
22. First Amendment to Interlocal Agreement with Pinellas County & other adjacent municipalities,
joint control of pollutants associated with stormwater discharges to and from Clearwater, in
accordance with NPDES permit (PWI
23. Contract for 1999 North Clearwater Beach Drainage Improvements to Southwest Contracting,
Inc., for $50,128.10; approve purchase of Tideflex Valves from Red Valve Company, Inc., for
$67,465, for total $117,593.10 (PW)
24. Cooperative Funding Agreement with SWFWMO, Stevenson Creek Watershed Management Plan,
total cost not to exceed $600,000 with District funding a maximum of $220,000 (PW)
25. Brownfields Advisory Board - Reappoint Mary Miller, Gary Gray, and Stephen Fowler (eLK)
OTHER ITEMS ON CITY MANAGER REPORT
26. Bond Counsel Agreement with Bryant, Miller and Olive, P.A., serve as City's bond counsel, three
year period (FN)
ACTION: Approved.
27. Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., serve as City's disclosure
counsel, three year period (FN)
ACTION: Approved.
28, Approve Final Plat for Mandalay Beach Club Subdivision, 10 Papaya Street & 9 San Marco
Street, lying 750' north of Causeway Blvd. & 1 block west of Mandalay Ave. (PW)
ACTION: Approved.
29. Establish City's position on proposed Countywide Voluntary Annexation Process; recommend
revisions in proposal to the PPC & Board of County Commissioners (PLD)
ACTION: Approved: 1) revise Planning Area Map; 2) allow annexation of discontiguous
properties; and 3) allow annexation of property outside of the City's Planning Area if that
property is not in another city's planning area.
30. Appointment of Commission members to Regional and Miscellaneous Boards (elK)
ACTION: Appointed: Mavor: Performing Arts Center & Theater BOD, Emergency Medical
Services Advisory Council, and Pension Advisory Committee; Johnson: Tampa Bay Regional
Planning Council, Pension Advisory Committee, and Long Center BOT; Hooper: Chi Chi Rodriguez
Youth Foundation Trustees, Jolley Trolley Transportation of Clearwater, Inc. 800, Homeless
Task Force, Metropolitan Planning Organization, Long Center BOD; Clark: Tampa Bay Partnership
Policy Board, Tampa Bay Estuary Policy Board, and Pinellas Suncoast Transit Authority; Hart:
Florida League of Cities 800, Mayor's Council of Pinellas County, St. Petersburg/Clearwater Area
Economic Development Council (when board begins), Pinellas Planning Council, and Pension
Advisory Committee; All to rotate Suncoast League of Municipalities BOD. Pending: Pinellas
Workforce Development Board and One-Stop Committee.
31. Other Pending Matters
a) Disband Fire Task Force
A CTION: Disbanded.
5/4/00
3
CITY ATTORNEY REPORTS
32. Res. #00-17 - Demolition Lien - 1201 Tangerine St., Greenwood Park No.2 Sub., Blk 0, Lots 1 &
2 (Lea Blocker Estate c/o Fred Wilder)
ACTION: Resolution adopted.
33. Res. #00-18 - Demolition Lien - 802 Pennsylvania Ave., Pinecrest Sub., Blk 5, Lot 5 (Edward
Willie Lewis)
ACTION: Resolution adopted.
34. Other City Attorney Items - None.
35. City Manager Verbal Reports
Special Meeting for 2nd reading of referendum ordinance scheduled for 5/23/00 at 9:00 a.m.
36. Other Commission Action
Clark questioned if staff is responding to FOOT correspondence related to billboards. Staff is
preparing a response.
Clark requested the proposed land swap with Calvary Baptist Church be agendaed for 5/18/00.
Clark said he cannot attend Saturday's Fun 'N Sun parade as he will be attending his daughter's
graduation from the University of Florida with a Masters Degree.
Hooper congratulated Heather Clark on her achievement.
Hooper questioned a meeting he had calendared for 5/9/00. It was indicated that meeting was
not finalized
Hooper agreed to represent the City on the Curlew Creek Task Force.
Johnson questioned when the City's watering restrictions will be amended to correspond with
SWFWMD rules. Issue to be addressed on 5/18/00.
AunQst congratulated Countryside High School for placing first in Florida's thespian competition.
AunQst congratulated the Long Center on its tenth anniversary.
AunQst questioned if changes had been made to improve safety at the Fun 'N Sun parade. Staff
to bring forward recommendations for the next parade.
AunQst thanked Calvary Baptist Church for their efforts to expedite negotiations with Mr.
deGuardiola for the sale of their property.
37. Adjournment - 7:06 p.m.
5/4/00
4
CITY OF CLEAR WATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler~
SUBJECT: Follow up from May 2, 2000 Wark Session
COPIES: Michael J. Roberto, City 11anager
DATE: May 2,2000
In response to questions raised at the May 1, 2000, Work Session, the following answers are
provided in final agenda order:
Item #21 - Juvenile Welfare Board Grants - Last year, the first year of the JWB teen camp
programs; there were no waiting lists.
Regarding this year's programs:
. The camp at MLK is already full. There have been several phone calls after it filled; it
was advertised on a first come, first serve basis.
. The Kings Highway camp was expanded from 20 children last year to 40 children this
year. The staff requested and received the appropriate funding from JWB. Currently
there are 10 children registered and 30 openings.
. The Norton camp is new for this year and still has several openings.
Item #28 - Final Plat for Mandalay Beach Club- Copy of plat provided.
Item #29 - PPC Voluntary Annexation Process - Agenda item and draft of ordinance
provided.
Item #31a - Disbanding Fire Task Force - Agenda item added.
J \1d R .
ORDINANCE NO. 6510-00
'8
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 610 FEET WEST OF BEllY LANE,
CONSISTING OF LOT 13, BLOCK A, STEVENSON'S HEIGHTS
IN SECTION 10 TOWNSHIP 29 SOUTH RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1620 STEVENSON'S
DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block A, Stevenson's Heights, according to the map or plat thereof as
recorded in Plat Book 34, Page 13, Public Records of Pinel/as County, Florida.
(ANX 99-12-24)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the CierI< of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor.Comm issioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6510-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNE:R:
John C, & Margaret C, Payne
1620 Stevenson's Drive
Clearwater, Fl.
Clse: ANX99-12-24
P~OPEKTY DESCRIPTION:
Lot 1.3. Block A: Stevenson's Heights
LAND USE PLAN
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ORDINANCE NO. 6511-00 .
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 610 FEET WEST OF BElTY LANE,
CONSISTING OF LOT 13, BLOCK A, STEVENSON'S HEIGHTS
IN SECTION 10 TOWNSHIP 29 SOUTH RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1620 STEVENSON'S
DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
. Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 13, Block A, Stevenson's Heights, according to the map
Or plat thereof as recorded in Plat Book 34, Page 13, Public
Records of Pinellas County, Florida
(ANX 99-12-24)
Land Use CateQorv
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6510-00 subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to S 163.3189, Florida Statutes..
PASSED ON FIRST READING
April 20. 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6511-00
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PROPOSED ANNEXATION AND ZONING CLASSIFICA TION
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1620 Stevenson's Drive
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Case: ANX99-12-24
PllOPE 1 TY DESCR. IPTION..;,
Lot 13. Siock A: Stevenson's Heights
LAND USE PLAN ZONING
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ORDINANCE NO. 6512-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 610
FEET WEST OF BETTY LANE, CONSISTING OF LOT 13, BLOCK
A, STEVENSON'S HEIGHTS IN SECTION 10 TOWNSHIP 29 .
SOUTH RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS
1620 STEVENSON'S DRIVE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida. is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended. as follows:
Propertv
Lot 13, Block A, Stevenson's Heights according
To the map or plat thereof recorded in Plat Book 34, '
Page 13, Public Records of Pinellas County, Florida
(A 99-12-24)
Zoning District
Low Medium Density Residential
(LMDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6510-00.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 6512-00
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Clearwater, FI.
Case: ANX99-12-24
PROPEl. TY DESCllIPTION:
La t 13, Block A: Ste'/enson's Heigh ts
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ORDINANCE NO. 6513-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST CORNER OF US 19 NORTH AND NORTH OF BELLEAIR
ROAD, CONSISTING OF A PORTION OF SECTION 20,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2600 BLOCK BELLEAIR ROAD
EXTENSION, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Exhibit "8" attached hereto
(ANX 99-12-25)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to, include and
show the property described herein upon the official maps and records of the City.
~ection 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6513-00
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The Grand Bellagio at Baywatch
Partnership c/o Christopher Del
Lake Destiny Dr., Meitland,
Cale:~x99-12-25
OWN E.:
Limited
1101 North
Guidice
FI. 32751
PROPERTY DESCIIPTIONl.
Section 20-29S-16E
Part of M & 8 33/07
PROPIITY SIll t\CIES: 1.17
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TO:
LAND USI PLAN.
Commercial General
Commercial General
llallt..f-wa,:
SIC: 20 TWP:
295
JlA.NGE:
ACI.ES:
16E
ZONING
C-2
C
ATLAS PAGE:318A
COMMUNITY DEVELOPMENT BOAID: /.larch 21, 2000
CITY COMMISSION: Apn1 20,20:0
Prepared by:
A99-25.dwg
EA - Publ ic Works Administration
Ordinance No. 6513-00
Exhibi t "A"
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Legal Description
A tract ofland lying within Section 20, Township 29 South, Range 16 East, Pinellas County, Florida
and being more particularly described as follows:
:( ,
Commence at the Southwest comer of said Section 20; thence along the South line of said Section
20, S89019'48"E, for 100.01 feet to the POINT OF BEGINNING; thence leaving said South line,
NOl 026'21 "E, for 5.00 feet; thence S89019'48"E, for 609.99feet; thence SOl026'21"W for 5.00 feet
to the South line of said Section 20; thence along the South line of said Section 20, N89019'48"\V
for 609.99 feet to the P.O.B:
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Exhibit ''B''
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ORDINANCE NO. 6514-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST CORNER OF US 19 NORTH AND NORTH OF BELLEAIR
ROAD, CONSISTING OF A PORTION OF SECTION 20,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2600 BLOCK BELLEAIR ROAD
EXTENSION, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL GENERAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
See Exhibit "A" attached hereto
(ANX 99~ 12-25)
land Use Cateqorv
Commercial General
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6513-00 subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Governrnent Comprehensive Planning and Land Development
Regulation Act, pursuant to ~ '163.3189, Florida Statutes..
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6514.00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER: The Grand Bell agio at
Limited Partnership c/o Christopher
1101 North lake Destiny Dr.,
Anx99-12-25
Baywatch
Del Gu idice
Meitland, Fl. 32751
Call e:
PROPERTY D~SCRIPTION:
See tion 20- 295- 1 6E
Part of M & 8 33/07
PJLOPIITY SIZE ACRES: 1.11
F110M:
TO:
LAND USE PbUt
Comm ercial Gen eral
Comm ercial Gen eral
Ih't-.f-wI1:
SEC: 20 TWP:
295
tANGI:
ACJlES:
16E
ZONING
C-2
C
ATLAS PAGE:318A
COMMUNITY DEVELOPMEN'T BOAID:Mard1 21.2000
CITY COMMISSION: Apnl 20,2<::00
Prepared by:
Ordinance
A99 - 25,dwg
EA- Public Works
No. 6514-00
Administration
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Legal Description
A tract ofland lying within Section 20, Township 29 South, Range 16 East, Pinellas County~ Rorida
and being more particularly described as follows:
Commence at the Southwest cornec of said Sec,tion 20; thence along the South line of said Section
20, S89019'4S"E, foe 100.01 feet to the POINT OF BEGINNING; thence leaving said South line,
NOt o26'21"E, foe 5.00 feet; thence SS9019'4S"E, foe 609.99feet; thence SOl026'21HW for 5.00 feet
to the South line of said Section 20; thence along the South line of said Section 20, N89019'48"W
for 609.99 feet to the P.O.B.
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Exhibit "A"
d. he:! rZ
" I I' .,. \': " ' :, '/ ,/ )" J \,' I .'. ,.... "1_/ :' . ... ... ' . 'f
ORDINANCE NO. 6515-00
\3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST CORNER
OF US 19 NORTH AND NORTH OF BELLEAIR ROAD,
CONSISTING OF A PORTION OF SECTION 20, TOWNSHIP 29
SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS
2600 BLOCK BELLEAIR ROAD EXTENSION, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias County I Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
See Exhibit "A" attached hereto
(ANX 99-12-25)
Zonina District
Commercial (C)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6513-00.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sid
Assistant City Attorney
Ordinance No. 6515-00
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Legal Description
A tract of land lying within Section 20, Township 29 South, Range 16 East, Pinellas County, Aorida
and being more particularly described as follows:
,.
,
Commence at the Southwest corner of said Section 20; thence along the South line of said Section
20, S89019'48"E, for 100.01 feet to the POINT OF BEGINNING; thence leaving said South line,
NOlo26'21"E, for 5.00 feet; thence S89019'48"E, for 609.99feet; thence 501 c26'21"W for 5.00 feet
to the South line of said Section 20; thence along the South line of said Section 20, N89019'48"\V
for 609.99 feet to the P.O.B.
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Exhibi t "A"
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNEll: The Grand Bellagio at
Limited Partnership c/o Christopher
1101 North Lake Destiny Dr.,
Baywatch
Del Gu idice
Meitlond, FI. 32751
Cale:
Anx99-12-25
PROPER.TY DES(,;RIPTION':
Section 20-29S-16E
Port of M & B 33/07
PROPEITY SIZE ACRES: 1.11
FROM:
TO:
LAND US) PLM
Commercial General
Commercial General
1111l1-d-wI1:
SEC: 20 TWP:
29S
IAN G 1:
ACllES:
16E
ZONING
C-2
C
ATLAS PAG:E:318A
COMMUNITY DEV&LOPMENT ROAlD: March 21. 2000
CITY COMMISSION: Apnl 20, 2<XXl
Prepared
A99- 25.dwg
by. EA- Public Works
Adminis lro tior.
Ordinance No. 6515-00
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Item #14
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ORDINANCE NO. 6522-00
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE COMPREHENSIVE PLAN
OF THE CITY AS ADOPTED ON NOVEMBER 16,
1989, INCLUDING AlvlENDMENTS TO THE FUTURE
LAND USE, TRANSPORTATIONffRAFFIC
CIRCULATION, HOUSING, UTILITIES, COASTAL
ZONE MANAGEMENT, CONSERVATION,
RECREATION AND OPEN SPACE,
INTERGOVERN:NIENT AL COORDINATION, AND
CAPITAL IMPROVEMENTS ELEMENTS; MAKING
SUBSTANTIVE CHANGES AS RECOMMENDED IN
THE EVALUATION AND APPRAISAL REPORT;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Conunission of
the City of Clearwater to plan for the future development and growth of the City, and to
adopt and periodically amend the Comprehensive Plan, including elements and portions
thereof; and
WHEREAS, Section 163 .3191 ~ Florida Statutes, requires each local government
to produce a periodic evaluation and appraisal report of the Comprehensive Plan; and
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting
necessary studies and surveys, the collection of appropriate data, and public participation
through public hearings, the dissemination of proposals, opportunity for written
comments, open discussion and the consideration of public and official comments; and
WHEREAS, the Community Development Board, serving as the designated Local
Planning Agency for the City, has held a public haring on the proposed amendments and
has reconlll1ended adoption of the proposed Comprehensive Plan amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comment, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Commission, together with all comments from
local regional agencies and other persons, in preparing the final draft of the amendments;
and
Ordinance No. 6522-00
Itf
WHEREAS, the City Commission finds it necessary, desirable, and proper to
adopt the amendments to the goals and policies of the Comprehensive Plan in order to
reflect changing conditions; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. Purpose and Intent. This ordinance is adopted to carry out the purpose
and intent of , and to exercise the authority granted pursuant to, the Local Government
Comprehensive Planning and land Development Regulation Act, and more generally to
exercise the authority granted pursuant to the Florida Constitution and the Charter of the
City of Clearwater. The provisions of this ordinance and the Comprehensive Plan
amendments as adopted by this ordinance are declared to be the minimum requirements
necessary to accomplish the purpose, intent and objectives as set forth herein and in the
Comprehensive Plan as adopted on November 16, 1989 and atnended thereafter.
Section 2. Amendments to the Adopted Plan. The amendments to the
Comprehensive Plan of the City of Clearwater, as set forth in Exhibit A attached to the
original of this ordinance, are hereby adopted.
Section 3. Severability. If any provision of this ordinance or of the
Comprehensive Plan or amendments as adopted by ordinance should ever be adjudicated
invalid for any reason, such provision shall be deemed severable from the remaining
provisions of this ordinance and the Comprehensive Plan and amendments to the extent
that the remaining provisions may independently be valid and enforceable.
Section 4. Effective Date. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sid "s
Assistant City Attorney
Ordinance No. 6522-00
ORDINANCE NO. 6527-00
\s
~ ndR
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF BELCHER ROAD, BETWEEN PALMETTO
STREET AND THE CSX RAILROAD, CONSISTING OF A
PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4
OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
LYING 50 FEET SOUTHERLY OF AND PARALLEL TO THE CSX
RAILROAD CENTERLINE LESS THE WEST 55.00 FEET
THEREOF, WHOSE POST OFFICE ADDRESS IS 1400 BLOCK
OF NORTH BELCHER ROAD, TOGETHER WITH ABUTTING
RIGHT OF WAY, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171,044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
That portion of the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 29
South, Range 16 East, lying 50 feet Southerly of and parallel to CSX Railroad
centerline less the West 55.00 feet thereof, together with abutting right-ot-way,
Pinellas County, Florida.
(ANX 00-01-01)
Section 2. The provisions ot this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING Apri120 ,2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
AP~d as,to10911& A,
M'l. P<'. J ~ -A
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6527-00
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PROPOSED ANNEXA TION AND ZO NING CLASSIFICA TION
OWNER:
Sarandaporou Partners. Inc,
609 Indian Rocks Road
Clearwater. Fl. 33756
FROM:
TO:
LAND USE PLAN
RE -Residen ticl Estate
RL - Residen tial Low
ZONING
AlE (County)
LOR
Case: Ar\JXOO-Ol-Ol
PROPERTY DESCRIPTION:
M/8 ?2/02
14-00 B I Dek of N. Bel ch er Road
PROPERTY SIZE ACRES: 2.0
Ilight-of.way Size Acres: 0.61
SEC: 7 TWP: 295 RANGE: 16E
ATLAS PAGE:272A
Exhibi t "A"
CITY COMMISSION: April 2Q.20QQ
AOO-Ol.dwG
Prepared by: EA- Public WorkJs Administration
Ordinance No. 6527-00
COMMUNITY DEVELOPMENT BOARD: March 21.2000
ORDINANCE NO. 6528-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE
OF BELCHER ROAD, BElWEEN PALMETTO STREET AND THE CSX
RAILROAD, CONSISTING OF A PORTION OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 16, EAST LYING 50 FEET SOUTHERLY OF AND PARALLEL
TO CSX RAILROAD CENTERLINE LESS THE WEST 55.00 FEET
THEREOF, WHOSE POST OFFICE ADDRESS IS 1400 BLOCK OF
NORTH BELCHER ROAD, TOGETHER WITH ABUTTING RIGHT OF
WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan of
the City as set forth in this ordinance is found to be reasonable, proper and appropriate. and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater
is amended by designating the land use category for the hereinafter described property, upon
annexation into the City of Clearwater, as follows:
Property Land Use Cateqory
A portion of the Northwest 1/4 of the Northwest 1/4 Residential Low
Of Section 7, Township 29 South. Range 16 East,
Lying 50 feet Southerly of and parallel to CSX Railroad
Centerline less the West 55.00 feet thereof, together with
Abutting right-of-way, Pinellas County, FL
(ANX 00-1 0-10)
Section 2. The City Commission does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance' shall take effect immediately upon adoption, contingent upon and
subject to the adoption of Ordinance No. 6527-00, and subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners. and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable requirements
of tile Local Government Comprehensive Planning and Land Development Regulation Act, pursuant
to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 20,2000
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Side
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6528-00
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PROPOSED ANNEXA TION AND ZONING CLASSIFICATION
OWNER:
Sarandaporou Partners. Inc,
609 Indian Rocks Road
Clearwater, FI, 3.3756
Case: ANXOO-Ql-01
PROPERTY DESCRIPTION:
M/B ~2/02
1400 Block of N. Belcher Road
PROPERTY SIZE ACRES: Z.O
Il&ht-of-way Size Acres: 0.61
SEC: 7 TWP: 295 RANGE: 16E
FROM:
'TO:
LAND USE PLAN ZONING
RE-Residential Estate AlE (County)
RL -Residential Low LDR
ATLAS PAGE:272A
COMMUNITY DEVELOPMENT BOARD: March 21.2COO
CITY COMMISSIO N: April 20, 2000
AOQ-01.dwG
Prepared by: EA- Public Works Administration
Ordinance No. 6528-00
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ORDINANCE NO. 6529-00
\'\
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATU\S OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
BELCHER ROAD, BETWEEN PALMETTO STREET AND THE
CSX RAILROAD, CONSISTING OF A PORTION OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, LYING 50 FEET
SOUTHERLY OF AND PARALLEL TO CSX RAILROAD
CENTERLINE LESS THE WEST 55.00 FEET THEREOF, WHOSE
POST OFFICE ADDRESS IS 1400 BLOCK OF NORTH BELCHER
ROAD, TOGETHER WITH ABUTTING RIGHT OF WAY, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
DENSITY RESIDENTIAL (LOR); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias County I Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
That portion of the Northwest 1/4 of the Northwest 1/4 of
Section 7, Township 29 South, Range 16 East, lying 50
Feet Southerly of and parallel to CSX Railroad centerline
Less the West 55.00 feet thereof, together with abutting
Right-of-way, Pinellas County, FL
(ANX 00-01-01)
Zonina District
Low Density Residential (LDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6527-00.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 20, 2000
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6529-00
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PROPOSED ANNEXA TION AND ZONING CLASSIFICA TION
OWNER:
Sarandaporou Partners. I nc,
609 Indian Rocks Road
Clearwater, FI, 3.3756
Case: ANXOO-Ol-0l
PROPERTY DESCRIPTION:
MIS ~2/02
1400 Block of N. Belcher Road
PROPERTY SIZE ACRES: 2.0
light-of-way She Acres: 0.61
SEC: 7 TWP: 295 RANGE: 16E
FROM:
TO:
LAND USE PLAN ZONING
RE -Residential Estate AlE (Countv)
RL -Residential Low LDR.
ATLAS PAGE:272A
COMMUNITY DEVELOPMENT BOARD: March 21,2000
CITY COMl'tfISSION: '\pril 20. 20GO
AOO- 01 .dwa
Prepared by: EA- Public Work's Administration
Ordinance No. 6529-00
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ORDINANCE NO. 6534-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING ARTICLE XIX OF APPENDIX A, CODE OF
ORDINANCES, RELATING TO THE SCHEDULE OF FEES,
RATES AND CHARGES FOR STREETS, SIDEWALKS, OTHER
PUBLIC PLACES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Administration/Parking System of the City of
Clearwater, Florida, processes numerous requests for temporary use and permanent
loss of public parking spaces; and
WHEREAS, it is necessary to revise the fee schedule to reflect the City
Commission approved parking fee increase; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article XIX, Streets, Sidewalks, Other Public Places, of Appendix A
- Schedule of Fees, Rates and Charges, Code of Ordinances, is amended as follows:
XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES:
Fees for services provided by the department of public works (ch. 28):
(4) Use of revenue generating/timed public parking spaces (Le., metered, permitted,
cashiered, loading zone, etc.):
Beach - Spaces (per day, everyday)........................i10.00 +:-w
Plus tax if applicable
Downtown - Spaces (per day, Mon-Fri)..................... ..3.00
Plus tax if applicable
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor -Comm issioner
Approved as to form:
Attest:
cp ?,
~carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6534-00
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Clearwater City CommissIon
Agenda Cover Memorandum
Final Agenda Item it
~a
Meeting Date: 5/4/00
SUB JECT IRECOMM EN DATION:
Reappoint two Clearwater Residents, Mr. Myron Ahrens and Mr. Rick G. Stucker, as trustees of the
Clearwater Firefighters' Supplemental Trust Fund in accordance with Section 1 75.061 of the Florida
Statutes.
I&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State
of Florida from insurance companies doing business within the community. These monies are required
to be administered by a Board of Trustees whose composition must consist of: two legal residents of
the City appointed by the City Commission; two City firefighters elected by the firefighters; and a fifth
member chosen by a majority of the other four members and submitted to the City Commission for
appointment. The Board of Trustees is solely responsible for administration of the trust fund.
· In 1998, the City Commission reappointed both Mr. Myron L. Ahrens and Mr. Rick G. Stucker as City
Commission Trustees to serve for another standard two-year term. Both Mr. Ahrens and Mr. Stucker
have fulfilled their trustee assignments during this latest two-year period in an extremely professional
manner.
. Mr. Myron Ahrens and Mr. Rick G. Stucker have indicated they are willing to be reappointed as the City
Commission appointees for a subsequent two-year period. Both individuals are City residents. Mr.
Ahrens possesses a management background and Mr. Stucker is a local business owner with an
insurance background. The law permits any Board member to succeed himself/herself.
Reviewed by:
Legal N/A Info Srvc N/A
Budget N/A Public Works N/A User Dept.
Purchasing N/A DCM/ACM W~ N/A
Risk Mgmt N/A Other-City Clerk Attachments
Costs
Total -0-
Current FY
-0-
Funding Source:
CI
OP
Other
Submitted by:
City Manager
~ None
Appropriation Codes:
NJA
Printed on recycled paper
Rev. 2/96
e
fRl
Clearwater City Commission
Agenda Cover Memorandum
Worksession lIem #: \
Final Agenda Item # ~
Meeting Date: 5~. Lj. DO
SUBJECT/RECOMMENDATION: Accept three grants and approve the corresponding agreement from
the Juvenile Welfare Board totaling $72,955 for 100% funding of three new summer camp programs.
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City of Clearwater Parks and Recreation Department has been awarded three grants totaling
$72,955 from the Juvenile Welfare Board.
o The first grant will provide $44,028 funding for "Surf and Safari Summer Camp" for 75 n1iddle school
aged youth. The grant will cover 100% of the camp that wi II be hosted at Martin Luther King
Recreation Complex for children ages 10-14.
· The second grant will provide $16,001 funding for "Camping Out Summer Camp" for 20 middle
school aged youth. The grant will cover 100% of the camp that will be hosted at Kings Highway
Recreation Center Complex for children ages 10-14.
· The third grant will provide $12,926 funding for "Teens on the Run" for 20 middle school aged
youth. The grant will cover 100% of the camp that will be hosted at the Ross Norton Recreation
Complex for children ages 10-14.
· No matching funds are required.
· Hosting the three camps is the City's only requirement.
· The following special project numbers have been establ ished for accounting purposes:
181-99809 - Surf and Safari Summer Camp - Juvenile Welfare Board/Martin Luther King
Recreation Complex 2000
181-99810 - Camping Out Summer Camp - Juvenile Welfare Board/Kings Highway Recreation
Center Complex 2000
181-99811 - Teens on the Run - Juvenile Welfare Board/Ross Norton Recreation Center 2000
Agreements available for review in City Clerk Department
Reviewed by:
legal ~~
Budget ~
Purchasing ~IA
Risk Mgmt
Originating Dept: ~~ Costs
Parks & Recreation DepartM{~ Total 72,955
User Dept. Funding Source:
Parks & Recreation Department Current FY 72,955 CI
Attachments OP
Other Grant
Info Srvc N/A
Public Works N/A
DCMlACM W~
X
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code: see above
Rev. 2/98
~ , ': ,'".' 0'; ',~ ...~, "";' ,:,\1. ," 'I' ~'1"I,I\,!\...., t 1," 1','-". .. ",'; ,/,- )'....1....1
e
pw-1-
Clearwater City Commission
Agenda Cover Memoranduln
Work Session Item #: () ~
Final A~enda Item # 0'\
Meetin~ Date: May 4,2000
SUBJECT/RECOMMENDATION: Approve the first amendment to an Interloced Agreement to
Provide Joint Control of Pollutants between Pinellas County, the City of Cleam ater and other
adjacent municipalities to control pollutants associated with stomlwater discharges to and from
Clearwater in accordance with the National Pollution Discharge Elimination System (NPDES)
Permit,
I&l and that the appropriate officials be authorized to execute same,
SUMMARY:
· This Agreement is required by the NPDES Permit and the E. P.A. to provide control of
pollutants to the storm sewer systems that cross municipal boundaries. The previous
agreement was approved by the City Commission on March 29,1994, but has expired.
· This Amendment extends the term of the Agreement by six years.
· The purpose of the Agreement sets forth the relat ionship between the Cit ies, Pinel/as
County, and FOOT with the respect of general responsibilities for control of pollutants from
one municipal storm sewer system to another"
· This Agreement has no budgetary affect on City programs or services.
· A copy of the Agreement is available for review in the City Clerks office.
~
Originating Department~ I
Public Works Admin! ~ion
User Department:
Public Works Adm~
Attachments:
Costs
Total SO.OO
Reviewed by:
Legal ~
Budget N/A
Purchasing NI A
---
Risk Mgmt. N/A
Info, Services:, N/A
Public Works
DCM/ACM
Current FY SO.OO
Funding Source:
CI
OP
at her
Submitted by: r,\..Y'"~ A " frt.......
City Manager \ t/Yt .:r ~
IX] None
Appropriation Code: N/A
",':' t>',",,~ .'
,..............-.,,: '.,., '.I". ,00;'",\..,,:":.-:",. .': ~::
Goudeau, Cyndie
From:
Sent:
To:
Cc:
Subject:
Smith, Michele R
Monday, May 01,200012:25 PM
Goudeau, Cyndie
Arasteh, Mahshid; Quillen, Michael; Miller, Tom
Recommended for Commission Approval
For City Commission consideration at May 4 meeting.
,.. The Environmental Advisory Board (EAB) met on April 19 and recommended that the commission approve the following:
. The Interlocal agreement between Clearwater and SWFWMD ~ ~ y ~
. The cooperative agreement to provide joint control to local municipalities In accordance with the NPDES perm"0
1
,:..>
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'1--'11 I ;, , J
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BOARD OF COUNTY COMMISSIONERS
PINELLAS COUNTY, FLORIDA
DEPARTMENT OF PUBLIC WORKS
440 COURT STREET
CLEARWATER. FLORIDA 33756
PHONE: (727) 464-3251
COMMISSIONERS
ROBERT B. STEWART . CAAIRMAN
CALVIN O. HARRIS - VICE CHAIRMAN
SALLIE PARKS
KAREN WILLIAMS SEEl
BARBARA SHEEN TODD
~
IE 0 W~rn1
.27alD l~
CITY Of CLEARWATER
PUBLIC WORKS ADMINISTRATION
SUBJECT: Agreement for Joint Control of Pollutants
DATE: March 24, 2000
The enclosed FIRST AMENDMENT TO AGREEMENT has been reviewed by
Municipal and County legal staff and is hereby submitted for approval by your municipal
manager and commission. The FIRST AMENDMENT has been modified from the draft
we mailed out on March 3,2000, as follows:
In Section II, General Responsibilities, the last sentence of the added paragraph is
shortened and the word "arbitrate" is changed to "mediate".
Someone from Bernard Kendrick's or Elizabeth Freeman's office will contact you
soon to schedule a time to deliver the original FIRST AMENDMENT to you for
signature. Thank you.
....
"Pinellas County is an Equal Opportunity Employer" · Member-Pinellas Partnership for a Drug Free Workplace ~J printed on recycled paper
FIRST AMENDMENT
TO AGREEMENT MfONG PINELLAS COUNTY
AND THE MUNICIPALITIES WITHIN PINELLAS COUNTY
PROVIDING JOINT CONTROL OF POLLUTANTS
This FIRST AivlEND!\1ENT TO AGREEMENT is made and entered into by and among the
municipalities of Pinellas County, Florida, including the Town of Belleair, City of Belleair Beach,
City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of
Gulfport, City of Indian Rocks Beach, City of Largo, City of tvladeira Beach, Town of North
Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of
Redington Shores, City of Saint Petersburg, City of Saint Pete Beach, City of Safety Harbor, City
of Seminole, City of South Pasadena, City of Tarpon Springs, and the City of Treasure Island, all
of which are municipal corporations of the State of Florida, hereinafter referred to as CITIES, the
Florida Department of Transportation, an agency of the State of Florida, hereinafter referred to as
FDOT and Pinellas County, a political subdivision of the State of Florida, her~inafter referred to as
COUNTY, is entered into this day of ,2000.
WIlNESSETH:
WHEREAS, the CITIES, FDOT, and COUNTY entered into an agreement dated April 21, 1994,
providing for joint control of pollutants; and
WHEREAS the CITIES, FDOT, and COUNTY desire to continue to protect and promote the
public health, safety and general welfare through the management of storm water runoff, and to
continue the existing relationships and responsibilities for control of discharge to municipal
separate storm sewer systems (MS4) as outlined in 40 C.F.R., Section 122.26:
NOW, THEREFORE, in consideration of nlutual covenants herein set forth, the parties hereto
mutually agree to amend the original Agreement, dated April 21, 1994, as follows:
1. SECTION VIII, Effective Date - Term
The second sentence of this section shall be revised as follows: "Unless otherwise
terminated by agreement of the parties, this Agreement shall terminate six years from the
date of filing of the FIRST AMENDMENT."
2. SECTION II, General ResRonsibilities
The following paragraph is added: "If the water quality at a major outfall of one of the
parties violates tolerances in agreed-upon standards between the parties, the operator of that
outfall is to become the 'investigative entity' and trace back the source of pollution
upstream of their system. If the pollutant is traced back to the system of the upstream
party, that party shall become the "investigative entity' and trace the pollutant to its source.
If the parties are unable to agree as to responsibility, the EPA or its successors may be
requested to mediate."
3. SECTION VII, Notices: This Section is replaced by th~ following:
Page 1 of8
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Notices:
SECTION VII
All written notices to the CITIES, FDOT and COUNTY under this FIRST AMENDMENT
TO AGREEMENT shall be directed to the following addresses:
PineIlas County
Town of Belleair,
Florida
City of Belleair Beach,
Florida
City of Belleair Bluffs,
Florida
City of Clearwater,
Florida
City of Dunedin,
Florida
Town of Kenneth City,
Florida
Mr. John Holt, P .E., Division Engineer
Surface Water Engineering Division
Pinellas County Department of Public Works
315 Court Street, Clearwater, FL 33756
Mr. Robert L. Hallenbeck, P.E.
Public Works Director
Town of Belleair
, 901 Ponce de Leon Boulevard
Belleair, FL 33756
The Honorable William L. Atteberry
Mayor, City of Belleair Beach
City Hall
444 Causeway Boulevard
Belleair Beach, FL 34635-3399
The Honorable Hunt K. Brand
Mayor, City of Belleair Bluffs
City Hall
115 Florence Drive
Belleair Bluffs, FL 34640-1978
Mr. Brett Gardner
NPDES Coordinator
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
Mr. Robert H. Brotherton, P.E.
Director of Public Works & Utilities
City of Dunedin
P.O. Box 1348
Dunedin, FL 34697-1348
Ms. Nancy Beelman
Town Clerk
Town of Kenneth City
6000 54th Avenue N.
Kenneth City, FL 33709
Page 2 or8
: '. .( ~ ,'" ~ \11. . \ 1 ..: \ I"'" \ '. \' i / . ~ '\/ i '1\
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.
.'..,,: .' 'f...,'; . :'.
. u' .: 1. :' ,,' ,
City of Gulfport Mr. Paul Williams
Florida Public Services Director
City of Gulfport
Box 5187
Gulfport, FL 33737
City of Indian Rocks Mr. Dean Scharrnen
Beach,. Florida Director of Public Works
City of Indian Rocks Beach
1507 Bay Palm Boulevard
Indian Rocks Beach, FL 33785
City of Largo Mr. Michael J. Staffopoll1os
Florida City Engineer
City of Largo
P.O. Box 296
Largo, FL 34649-0296
City of Madeira Beach, Mr. Michael Bonfield
Florida City Manager, City of Madeira Beach
300 Municipal Drive
Madeira Beach, FL 33708
Town ofN. Redington The Honorable Harold Radcliffe
Beach, Florida Mayor, Town of North Redington Beach
190 1 73rd Avenue
North Redington Beach, FL 33708
City of Oldsmar, Mr. John Mulvihill
Florida Director of Public Works
351 Lafayette Blvd.
Oldsmar, FL 34677-3754
City of Pinellas Park, Mr. Jeffrey F. Sabiel
Florida City of Pinellas Park
Streets and Drainage Division
Department of Public Works
6051 78th Avenue, North
Pinellas Park, FL 33781
Town of Redington The Honorable Jerry Reitz
Beach, Florida Mayor, Town of Redington Beach
105 l64th A venue
Redington Beach, FL 33708
Page 3 of8
, .',:' "i j' ; ;; ":':: { ': ',:,.. . : ' 'i,:';' .'. .', '>,:,' .. . .... >':;:"> ,r . ' . ". :" ", i.!; :,' >,J.., . ;;: ;If,:,: . ::":' j ,.~. ...... ....,,": '.', , ....:;
Town of Redington
Shores, Florida
City of St. Petersburg,
Florida
City of St. Pete Beach,
Florida
City of Safety Harbor,
Florida
City of Seminole,
Florida
City of South Pasadena,
Florida
Ms. Mary Palmer
Deputy Town Clerk
17798 Gulf Boulevard
Redington Shores, FL 33708
Mr. !vlichael J. Connors, P.E.
Engineering Director
City of St. Petersburg
P.O. Box 2842
St. Petersburg, FL 33731
Mr. Carl Schwing, City Manager
City of S1. Pete Beach
7701 Boca Ciega Drive
St. Pete Beach, FL 33706
Mr. Kurt Peters, P .E.
Safety Harbor Director of Public Works
750 Main Street
Safety Harbor, FL 34695
Mr. Mitch Bobowski
General Services Director
City of Seminole
7464 Ridge Road
Seminole, FL 34642
The Honorable Fred Held
Mayor, City of South Pasadena
7047 Sunset Drive South
South Pasadena, FL 33707
City of Tarpon Springs, Ms. Ellen Posivach, City Manager
Florida 324 Pine Street East
Tarpon Springs, FL 34689
City of Treasure Island
Florida
Florida Department of
Transportation
Mr. Charles S. Coward
City Manager
City of Treasure Island
120 1 08th Avenue
Treasure Island, FL 33706
Ms. Susan C. Moore
Maintenance Environmental Coordinator
Florida Departnlent of Transportation District 7
11201 N. McKinley Drive
Mail Station 7-1200
Tampa, FL 33612
Page 4 of 8
I;
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~
4. Upon final execution of this FIRST AMENDMENT two copies of the initial Agreement
and the FIRST AMENDMENT will be provided by the COUNTY to each CITY and to the
FDOT.
5. The terms, covenants and conditions set forth in the initial Agreement dated April 21, 1994,
that have not been specifically amended herein shall continue in existence, are hereby
ratified, approved and confirmed, and shall remain binding upon the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on the
day and year set forth next to their signature below.
PINELLAS COUNTY
By:
Chairman, Board of County Commissioners
Date
Attest:
Clerk of Circuit Court
Approved as to Form:
By:
Office of County Attorney
.-
Page 5 of8
FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
PROVIDING JOINT CONTROL
OFPOLLUTANTS~THIN
PINELLAS COUNTY
Hon. Mr. Steven O. Cottrell, Town Manager
Town of Belleair, Florida
Date
HOD. William L. Atteberry, Mayor
City of Belleair Beach, Florida
Date
Mr. Michael J. Roberto, City Manager
City of Clearwater, Florida
Date
Hon. Hunt K. Brand, Mayor
City of Belleair Bluffs, Florida
Date
..
Mr. John R. Lawrence, City Manager
City of Dunedin, Florida
Date
Hon. William B Smith, Mayor
Town of Kenneth City, Florida
Date
Mr. Robert E. Lee, City Manager
City of Gulfport, Florida
Date
Mr. Tom Brobeil, City Manager
City of Indian Rocks Beach, Florida
Date
Page 6 of8
FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
PROVIDING JOINT CONTROL
OFPOLLUTANTS~THIN
PINELLAS COUNTY
Mr. Steven B. Stanton, City Manager
City of Largo, Florida
Date
Hon. Thomas DeCesare, Mayor
City of Madeira Beach, Florida
Date
Hon. Harold Radcliffe, Mayor
Town of North Redington Beach, Florida
Date
Hon. Jeffrey S. Sandler,Mayor
. City of Oldsmar, Florida
Date
.'
Hon. William F. Mischler, Mayor
City of Pinellas Park, Florida
Date
Hon. Jerry Reitz, Mayor
Town of Redington Beach, Florida
Date
Hon. J. J. Beyrouti, Mayor
Town of Redington Shores, Florida
Date
Hon.Ward J. Friszolowski, Mayor
City of St. Pete Beach, Florida
.
Date
Page 7 of8
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FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
PROVIDING JOINT CONTROL
OFPOLLUTANTSvnTHfN
PINELLAS COUNTY
Hon. David J. Fischer, Mayor
City of St. Petersburg, Florida
Date
Hon. Pamela M. Corbino, Mayor
City of Safety Harbor, Florida
Date
Hon. Dottie K. Reeder, Mayor'
City of Seminole, Florida
Date
Hon. Fred Held, Mayor
City of South Pasadena, Florida
Date
Ms. Ellen Posivach, City Manager
City of Tarpon Springs, Florida
Date
Hon. Leon Atkinson, Mayor
City of Treasure Island, Florida
Date
Mr. Kenneth A. Hartmann, P.E., Secretary, Dist. 7
Florida Department of Transportation (FDOT)
Date
Page 8 of8
.,' '. .;,
Item #23
, 75)
.
fwd-
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item If
~~
Meeti ng Date: 05/04/00
SUBJECT/RECOMMENDATION: Award a contract for 1999 North Clearwater Beach Drainage
Improvements (99-0089-CM) to Southwest Contracting, Inc. of Oldslnar, Florida for the sum of $50,128.10
which is the lowest responsible bid received in accordance with the plans and specifications, and; approve the
purchase of the Tideflex Valves from Red Valve Company. Inc., for the sum of $67,465.00, using the sole
source exception to bid procedures as set forth in code Section 2.564(1)(b) for a total project sum $117,593.10,
lEI and that the appropriate officials be authorized to execute same.
SUM""ARY:
. The work for this contract is for the removal of accum ulated barnacles, marine growth and debris from
the storm sewer system and the installation of Tideflex valves at the outfall portion of the storm culverts.
Also, the scope of the work is for inspection and eval uation of the system and the repair of the failed
portions of the storm system.
. The City of Clearwater will purchase the Tideflex valves and appurtenances directly from the
manufacturer with the approval of this agenda. The purpose for the City's direct purchase from the
manufacturer is to avoid additional handling charges imposed by the contractor.
o The purchase of the Tideflex valves and appurtenances are an exception to the City bid procedures as
set forth in Section 2.564(1)(b) because the commodities are available only from a sole source as
determined by the City purchasing agent.
. This project will start as soon as possible after award and execution of contract and will be completed
within 90 calendar days.
Reviewed by:
Legal ~.
Budget ~
Purchasing ~
Risk Mgmt HI A
Info Srvc
~
Originating D~~:
Public ~ Administration
User Dept.
Public W~A~ministration
Costs $117,593.10
Total
Public Works
DCMI ACM
Other
Current FY X
Funding Source:
CI X
OP
Othe
r
Attachments
Submitted by:
City Manager
None
Appropriation Codes:
315-96118-563700-539-000-000
315-96118-562700-539-000-000
Printed on recycled paper
Rev. 2/98 1999 No. Clw. Beach Drainage Improvements. lie
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: ~
Final A~enda Item #
Meetin~ Date: 05/04/00
SUBJECT/RECOMMENDATION: Approve the Cooperative funding agreement with the Southwest
Florida Water Management District (SWFWMD) for the Stevenson Creek Watershed Management
Plan (WMP) providing for District funding at a maximum of $220,000.
I!I and that the appropriate officials be authorized to execute same.
SUMMARY:
. This agenda item is for the City of Clearwater to enter into an interlacal agreement with the
South West Florida Water Management District to cooperatively fund the Stevenson Creek
Watershed Management Plan. This agreement will contract with the SWFWMD to pay for
37 percent of the project costs up to Two Hundred Twenty Thousand Dollars.
. Commission approved Stevenson Creek Watershed Management Plan and necessary
funding of $600,000 on March 2.2000.
. This agreement does not require additional funding for the Stevenson Creek Watershed
Management Plan beyond that which has already been approved by the Commission; what
it establishes is funding due from SWFWMD.
. The total cost to implement projects recommended by the WMP is estimated to be
$11,000.000. This estimate is anticipated to be offset in part by requested funding from the
USEPA ($75,000), the SWFWMD ($1,600,000), the state legislature ($1,500,OOO), and the
USACOE ($5,500,000).
. A copy of the Agreement is available for review in the City Clerk's office
Reviewed by:JjL}~
Legal ~
Budget NfA
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
at her
~
Originating Dept: r f)
Engineering --rr'- 1
User Dept,~
Engineering'
Attachments
Costs
Total
$0.0
Current FY
N/A
Funding Source:
CI
OP
Other
Submitted by:
City Manager
o None
Appropriation Code:
Printed on recycled pa~r
Rev. 2/98
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'....1... ,
Goudeau, Cyndie
From:
Sent:
To:
Cc:
Subject:
Smith, Michele R
Monday, May 01, 2000 12:25 PM
Goudeau. Cyndie
Arasteh, Mahshid; Quillen. Michael; Miller. Tom
Recommended for Commission Approval
For City Commission consideration at May 4 meeting.
The Environmental Advisory Board (EAB) met on April 19 and reco hat the commission approve the following:
. The interlocal agreement between Clearwater and SWFWM * ~ y
., The cooperative agreement to provide joint control to local municlp lies In accordance with the NPDES permit :\:\:~ ~
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AGREEMENT NO, OOCON000125
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PLAN (K394)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State
of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34609-6899, for itself and
on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the
"DISTRICT/' and the CITY OF CLEARWATER, a municipal corporation of the State of Florida,
whose address is Post Office Box 4748, Clearwater Florida, 33758-4748, hereinafter referred
to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a multi-year funded, multi-phase project to evaluate and
implement a stormwater management program in the Stevenson Creek Watershed, forfunding
consideration under the DISTRICT's cooperative funding program; and
WHEREAS, the stormwater managementprogram is inthe Pinellas-Anclote RiverBasin Board's
five-year plan, with a budget of $3,790,000; and
WHEREAS, the first phase of the project consists of the development of a Watershed
Management Plan that addresses both water quality and flood protection issues in the
Stevenson Creek Watershed, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY
in funding the PROJECT.
NOW, THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers shall assist with
PROJECT coordination and shall be the party's prime contact person. Notices or reports
shall be sent to the attention of the parties' Project Manager by U.S. mail, postage paid, to
the parties' addresses as set forth in the introductory paragraph of this Agreement.
Project Manager for the DISTRICT:
Project Manager for the CITY:
Richard Mayer
Elliot Shoberg
Page 1 of 5
Any changes to the above representatives or addresses must be provided to the other
party in writing.
1.1 The DISTRICT's Project Manager is hereby authorized to approve requests to
extend a PROJECT task deadline set forth in this Agreement. Such approval shall
be in writing, shall explain the reason for the extension and shall be signed by the
Project Manager and his/her Department Director, or Deputy Executive Director
if the Department Director is the Project Manager. The DISTRICT's Project
Manager is not authorized to approve any time extension which will result in an
increased cost to the DISTRICT or any time extension which will likely delay the
final PROJECT task deadline.
1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the
PROJECT Budget set forth in Exhibit "8" if such adjustment does not exceed ten
percent (100/0) of the line item amount, aggregate adjustments are less than
$10,000, and such adjustment does not result in an increase to the total
PROJECT cost. Such approval shall be in writing, shall explain the reason for the
adjustment, and shall be signed by the Project Manager and his/her Department
Director and their Deputy Executive Director. The DISTRICT's Project Manager
is not authorized to make changes to the Scope of Work and is not authorized to
approve any increase in the not-to-exceed amount set forth in the funding section
of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY shall perform the services necessary to complete the PROJECT in accordance with
the Special Project Terms and Conditions set forth in Exhibit "A" and the Proposed Project
Plan set forth in Exhibit "8," both attached hereto and incorporated herein. Any changes
to this Scope of Work and associated costs shall be mutually agreed to in a formal written
amendment prior to being performed by the CITY. The CITY shall be solely responsible
for managing the PROJECT, including the hiring and supervising of any consultants it
engages under this Agreement.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Five Hundred
Ninety Seven Thousand Eight Hundred Dollars ($597,800). The DISTRICT agrees to fund
37 percent of the PROJECT costs up to Two Hundred Twenty Thousand Dollars
($220,000) and shall have no obligation to pay any costs beyond t~is maximum amount.
The CITY agrees to fund 63 percent of the PROJECT costs up to Th'ree Hundred Seventy
Seven Thousand Eight Hundred Dollars ($377,800) and shall be responsible for all costs
in excess of the anticipated total PROJECT cost. The CITY shall be the lead party to this
Agreement and shall pay PROJECT costs prior to requesting reimbursement from the
DISTRICT.
3.1 . The DISTRICT shall reimburse the CITY for its share of PROJECT costs in
accordance with the proposed Budget set forth in Exhibit "B." The CITY shall contract
with consultants in accordance with the Special Project Terms and Conditions set
Page 2 of 5
forth in Exhibit "A." Upon DISTRICT approval, the budget amounts for the work set
forth in such contract(s) shall refine the amounts set forth in the proposed Budget and
shall be incorporated herein by reference. The DISTRICT shall reimburse the CITY
for 50 percent of each DISTRICT approved invoice received from the CITY, but at no
point in time shall the DISTRICT's expenditure amount under this Agreement exceed
such expenditures made by the CITY. Payment shall be made to the CITY within
thirty (30) days of receipt of an invoice, with the appropriate support documentation,
which shall be submitted to the DISTRICT on a monthly basis at the following
address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The CITY shall not use any DISTRICT funds for any purposes not specifically
identified in the above Scope of Work.
3.3 The DISTRICT's performance and payment pursuant to this Agreement is contingent
upon the DISTRICT's Governing Board appropriating funds for the PROJECT.
4. CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and
shall remain in effect until March 31, 2004, unless terminated or extended in writing by
mutual written agreement of the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party shall, upon request, permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Each party shall maintain all such records and
documents for at least three (3) years following completion of the PROJECT. All records
and documents generated or received by either party in relation to the PROJECT are
subject to the Public Records Act in Chapter 119, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or products,
including intellectual property and rights thereto, purchased under this Agreement with
DISTRICT funds or developed in connection with this Agreement s~all be and remain the
property of the DISTRICT.
7. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models,
studies, maps or other documents resulting from the PROJECT.
8. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent
acts or omissions of its officers, employees, contractors and agents; however, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity or the
limitations set forth in Section 768.28, Florida Statutes.
Page 3 of 5
9. DEFAULT. Either party may terminate this Agreement upon the other party's default in
complying with any term or condition of this Agreement, as long as the terminating party
is not in default of any term or condition of this Agreement. To effect termination, the
terminating party shall provide the defaulting party with a written "Notice of Termination"
stating its intent to terminate and describing the term and/or condition with which the
defaulting party has failed to comply. If the defaulting party has not remedied its default
within thirty (30) days after receiving the Notice of Termination, this Agreement shall
automatically terminate.
1 O. TERMINATION WITHOUT CAUSE. This Agreement may be terminated by the DISTRICT
without cause upon fifteen (15) days written notice to the CITY. Termination shall be
effective upon the fifteenth (15th) day after the CITY's receipt of said notice. In the event
of such termination the CITY shall be entitled to compensation for all services reasonably
and properly incurred to the date of termination.
11. RELEASE OF INFORMATION. The parties shall not initiate any verbal or written media
interviews or issue press releases on or about the PROJECT without providing advance
copies to the other party. This provision shall not be construed as preventing the parties
from complying with the public records disclosure laws set forth in Chapter 119, Florida
. Statutes.
12. DISTRICT RECOGNITION. The CITY shall recognize DISTRICTfunding and, if applicable,
Basin Board funding in any reports, models, studies, maps or other documents resulting
from this Agreement, and the form of said recognition shall be subject to DISTRICT
approval.
13. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local
laws, rules, regulations and guidelines, relative to performance under this Agreement.
14. DISADVANTAGED BUSINESS ENTERPRISES. The DISTRICT expects the CITY to use
good faith efforts to ensure that disadvantaged business enterprises, which are qualified
under either federal or state law, have the maximum practicable opportunity to participate
in contracting opportunities under this project Agreement. Invoice documentation
submitted to the DISTRICT under this Agreement shall include information relating to the
amount of expenditures made to disadvantaged businesses by the CITY in relation to this
Agreement, to the extent the CITY maintains such information.
15. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this
Agreement, including any operation or maintenance duties related to the PROJECT,
without the written consent of the other party.
16. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any
relationship between the DISTRICT and any subcontractor of the CITY.
Page 4 of 5
17. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit
any person or entity not a party to this Agreement.
18. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
19. DOCUMENTS. The following documents are attached and made a part of this Agreement.
In the event of a conflict of contract terminology, priority shall first be given to the language
in the body of this Agreement, then to Exhibit "A," and then to Exhibit "B."
A. Exhibit "A"
B. Exhibit "8"
Special Project Terms and Conditions
Proposed Project Plan
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement on the day and year set forth next to their signatures below.
Witness:
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
E. D. Vergara, Executive Director Date
FederaIID#: 59-0965067
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Date
Approved as to form:
~t(-~M
Leslie K. Doug -Sides
Assistant City Attorney
Attest:
By:
Cynthia E. Goudeau, City Clerk
Date
FederaIID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PLAN (K394)
Page 5 of 5
DISTRICT APPROVAL ~LS D/'PJ
LEGAL f.. 11-4~
~SKMGMT .
CONTRACTS . . t3.iT/l'f/bo
RM DEPT DIR ~ 1--tf-{J
DEPUTY EXEC DlR ~ ~~pfi'
GOVERNING BOARD f) ~,
" ". '" ~; , ': ~ ':"" ~:..'. " ( ::
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AGREEMENT NO. OOCON000125
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT. The CITY shall engage the services of a
consultant(s), hereinafter referred to as the "CONSULTANT," to accomplish the
PROJECT in accordance with the Proposed Project Plan previously submitted to the
DISTRICT and attached as Exhibit "B." The CITY shall be responsible for administering
the contract with the CONSULTANT and shall give notice to proceed to the
CONSULTANT no later than October 30, 2000.
2. APPROVAL OF CONTRACT. The CITY shall obtain the DISTRICT's prior written
approval of all contracts entered into with its CONSULTANTS as referenced above in
item number one of this exhibit. The DISTRICT shall not unreasonably withhold such
approval.
3. COMPLETION DATES. The CITY shall complete the PROJECT no later than
November 301 2003.
The remainder of this page intentionally left blank.
Page 1 of 1
,.,'~""-' :,..,. ".","'. ""~!." _:1. ":', .."........\',:....:::~.r.j.'-/..~.'.. .,' ~.:...".. ',.\,,; '.":.. -; :'.:'~l ...:-..
AGREEMENT NO. OOCON000125
EXHIBIT "B"
PROPOSED PROJECT PLAN
PROJECT DESCRIPTION
The Stevenson Creek Watershed is located in the western portion of Pinellas County and
includes the cities ofClearvvater and Dunedin. The area of the Stevenson Creek Watershed is
6,012 acres. The Creek discharges to Clearwater Harbor which is as an Outstanding Florida
Water Body and State Aquatic Preserve. The watershed has a history offlooding problems and
water quality is a concern particularly in regard to deposition of sediments into Clearwater Harbor
and areas upstream of the outlet.
The stormwater management program will address both flood protection and water quality
issues. The watershed management plan is the first phase of the stormwater management
program. The current cooperative funding includes data collection, watershed characterization,
preliminarywatershed evaluation, floodplain and water quality analysis, identification of problem
areas and evaluation of best management practices to address the problem areas. Identification
of erosion areas and evaluation of erosion control methods wil! be a major element of the
Project. This Project will evaluate and identify the probable cost of future implementation
projects that may be cooperatively funded in future fiscal years. The future phases are
anticipated to include the design, permitting, land acquisition and construction of
recommendations from this Project.
This Project will provide information for local preventative and mitigative measures for flood
protection and water quality improvement. Preventative measures may include: updated
floodplain information for land use regulation, building permits, and surface water permitting ,and
identification of natural areas that should be protected, preserved, or restored. Mitigative
measures include ready identification of existing problem areas where structural and non-
structural improvements should be focused to reduce flood damage and pollution potential.
Benefits to Clearwater Harbor are reduced sediment and pollutant loads to the area. ARC/lNFO
coverages, input and output data will be formatted, and conform to standards and specifications
described in the Southwest Florida Water Management District Watershed Data Management
System for Engineering, hereinafter referred to as "DATA STANDARDS." The ARC/lNFO
Coverages, input data and output data developed in the PROJ ECT shall hereinafter be referred
to as the "DATABASE."
SCOPE OF WORK
Key tasks to be performed by the City:
1. Project Management and Coordination
a. Develop a Project Work Plan and submit to the District
b. Project coordi nation
Page 1 of 4
2. Information Collection and Management
a. Perform a literature search, develop sub-watershed and sub-basin delineations, develop
a hydraulic network link-node diagram, and collect all other relevant watershed data.
b. Digitize sub-watershed and sub-basin delineations, the hydraulic network link-node
diagram, and store as ARC/lNFO coverage.
c. Select an appropriate COITlputer model
d. Develop all watershed parameters 'necessary for the computer model input data set
e. Evaluate and define deficiencies of existing data including survey requirements
3. Field Work and Data Analysis
a. Plan field work program
b. Evaluate biological resources
c. Conduct water and sediment quality analysis including the following:
Streamflow and water quality monitoring
Additional water quality (coliform/ABA)
Sediment sampling and analysis
Identify additional monitoring needs
Conduct a pollutant loading analysis
Evaluate pollutant prevention strategies
Conduct an ongoing monitoring program
d. Perform a Land Use Inventory
e. Develop Survey, Geologic and Topographic Base Data
f. Develop Geographic Information System (GIS) Database
4. Watershed Modeling (Computer Modeling)
a. Model Development and Calibration
b. Develop an existing conditions computer model of water shed for 2.33-, 5- 10-, 25-, 50-,
1 DO-year flood levels. Export the runoff, stage and flow time series data from the model
output dataset into the DATABASE.
c. Develop and submit an Interim report to the DISTRICT
d. Conduct a training program for using the computer model
e. Prepare Flood Insurance Rate Map revisions
5. Identification of Problems and Potential Solutions
a. Evaluate existing condition Level of Service
b. Develop and evaluate potential solutions for areas that do not meet the City's Level of
Service criteria
6. Evaluation and Prioritization of Potential Solutions
a. Develop a prioritization for solutions
b. Rrepare a preliminary report
Page 2 of4
c. Prepare and submit a draft final report to the District for review and comment. The report
shall include, but not be limited to, recommendations for flood protection and water
quality improvements and a list of costs and benefits for the proposed improvements.
d. Incorporate review comments into the final report
7. Coordination with Permitting Agencies
a. Permit Coordination/Pre-application Meeting
8. Presentations, Public Meetings and Technical Liaison
a. Project Kickoff Meeting
b. Bi-Monthly Progress Meetings
c. Project Presentations
d. Public Information Meetings
e. Public Information Requirements
f. City Commission Presentation
g. District Basin Board Presentations
PROJECT DELlVERABLES
1. Draft and Final Watershed Management Plan that includes all tasks listed above.
2. Computer model input and output databases.
3. ARCIINFO coverages of 1 aO-year floodplain.
4. Flood profiles for 2.33 -,5-, 10 -, 25-, 50 - and 100 - year events (include at least channel and
structure geometry and indicate location of crossings and landmarks on the profiles) from
Belleair Road to outfall and tributary northwest to Union Street.
5. Watershed boundary delineations and 100-year floodplain delineated on mylar District 1" =
200' aerial topographic maps.
6. All electronic data and databases/datasets in the DATABASE format.
I
7. Submittal to the Federal Emergency Management Agency in a format specified by the
Engineering Study Data Package (ESOP) and the Flood Insurance Study Guidelines and
Specifications for Study Contractors FEMA 37.
8. Submittals to the District for written approvals after the completion of each Project task.
9. Project Work Plan and Notices to the District 10 days in advance of progress meetings.
Page 3 of 4
, '.1
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BUDGET
Task
Amount
1. Project Management and Coordination
2. Information Collection and Management
3. Field Work and Data Analysis
4. Watershed Modeling (Computer Modeling)
5. Identification of Problems and Potential Solutions
6. Evaluation and Prioritization of Potential Solutions
7. Coordination with Permitting Agencies
8. Presentations, Public Meetings and Technical Liaison
$ 13.900
33,500
256,900
102,000
70,100
61,900
8,500
51.000
Total Budget
$597,800
The remainder of this page intentionally left blank.
Page 4 of 4
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BUDGET
't' >
Task
Amount
1. Project Management and Coordination
2. Information Collection and Management
3. Field Work and Data Analysis
4. Watershed Modeling (Computer Modeling)
5. Identification of Problems and Potential Solutions
6. Evaluation and Prioritization of Potential Solutions
7. Coordination with Permitting Agencies
8. Presentations, Public Meetings and Technical Liaison
$ 13,900
33,500
256,900
102,000
70,1 00
61,900
8,500
51.000
"
't.-
Total Budget
$597,800
The remainder of this page intentionally left blank.
Page4of4
FOR COMMISSION MEETING Mav 4, 2000
Agenda #_
~5
c\K~
APPOINTMENT WORKSHEET
BOARD: Brownfields Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: * *
STAFF LIAISON: Miles 8all09g
MEMBERS: 9
CHAIRPERSON: Brian Flaherty
MEETING DATE:
PLACE:
APPTS. NEEDED: 3
DATE APPTS TO BE MADE: 5/4/00
SPECIAL QUALIFICATIONS: * * Three members will be Clearwater residents who live within or
. adjacent to the Brownfields Area; Three members will be owners or representatives of businesses
operating in the proposed area and need not be residents of Clearwater; Three members will be
representatives of federal or state agencies or local governments involved with the Brownfields
remediation process within Pinellas County and need not be Clearwater residents
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Mary Miller
Resident
1998
7/98-3/00 = 12 mtgs YES
absent 4
2. Gary Gray
Business Owner or Representative
1998
7/98-3/00 = 12 mtgs Yes if no eligible
absent 3 candidates
3. Stephen Fowler 1998
Agency or Government Representative
7/98-3/00 = 12 mtgs YES
present all
all of the above received a 2 year term when the board began which expires 5/31/00
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience, Etc.
Resident: None at this time
Business Owner or Representative: None at this time
Agency or Government Rep:
1. Michael Flanery
1836 Venetian Point Dr., 33755
Professional Engineer
2. Alicia R. Reed Chemical Mgmt Coordinator
2500 Winding Creek Blvd., #1-202, 33761
Cont.
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Volunteers Cont.
3. Fredrick L. Rodgers Educator
. 1117 Ohio Ave., Palm Harbor, 34683
:;
4. David Gerard FDEP Brownfield Coordinator in this district
0:3804 Coconut Palm Dr., Tampa, 33619
I..,
5. Chris Hodl Environmental Engineer
2482 Lynn Lakes Cir 5, St. Pete, 33712
6. George Evans Environmental Consultant
128-E Camphor Cir, Oldsmar, 34677
r.
Zipcodes of current members:
:--
2 at 33755
2 at 33756
1 at 33764
1 at 33770 (Belleair Bluffs)
1 at 34683 (Palm Harbor)
1 at 33647 (Tampa)
1 at 34698 (Dunedin)
(Ms. Miller & Mr. Fowler)
(Mr. Gray)
,
I
Name: I;>
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD
APPLICAnON
(h , (" t, Ii l~ I . F I It n ~~ r i) P, -E .
Office Address: c=: n ",'; "'J\;. ~/)m .,.; ~ I l "il,.", .
P/~Hjr~J ( r> 011117 Hrr J J, '"
LJ17)' E.807 D..- .
C J f' /11 U r\. it '~ t ( ~~
Telephone: (iI3))" .;J-'f.. 7; 7? )1/0..5-
Home Address:
.. I ~_-5C, LkJ7( (';;1\ PCII~ lOt"
( /ec)r(.(; t},;r (. f; (. ~-?.3/s- J:
Telephone: (fjI3) '/l7 2 -..=1)- 2 't
How long a resident of CleaM'ater? 2 / ~t'~ Q .. j
Occupation: p.,...I(")J~>J'l arEnjl.nrr,.-
Employer: P ,"r.ell ~ j en(/ "rt? I/('C) I ;1, IJr~J
Other Work Experience:
_t;1, po~'t:/) ~ / (. f (.1,/(:,. ~ "'.' ~ "'/ . ~;/Q." ..") (
[,) #/ L P, :;)~ &0' a ~.,. gf.r, IJ,~ j,
D." I", i( ; '" ~ L{,'c-:/'P <~ 5~ v ;,'( "';u,)(
.-(
Field of Education:
(, ;' 1../: )" (n 1,' I i- (!,., 17'1''7 f ~ I
f ",.; J,C'("n ~ ~
,
If retired, former occupation:
Community Activities:
J
Other Interests:
Board Service (current and past):
..~
Board Preference:
-.,
.' c) I..'P/ 11 ~nr,) f ~q / J ~ fA.,.,J.. ~_ ~-
Data~ 3,/t.,/9 Y
Additional Comments:
signe&
Category Applying For.
.
("::><) Agency involved in BrO'Mlfields redevelopment
( ) Business Owner ( must own a business within the Designated brownfield Area)
, ( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area)
Financial Disclosure may be required at the time of appointmenl
PLEASE RETURN THIS FORM TO: City Cleri<s Department.
P. O. Box 4748. Clearwater. FL 33758-4748
Cle..arva ter , FL
~ip 33761
Clearwater, FL
ZiJ) 33756
. .
"
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD
APPLICATION
Name: ~llci~ R. Reed
Home Address:
2500 Winding Creek Blvd., #I-202
Office Address:
Pinellas Co. Risk Hgmt. Dept.
400 South Ft. Harrison Avenue
Telephone: ( 813) 712-0079
How long a resident of Clearwater? 4 years
Occupation: Chemical Mgmt~ Coordinator
Field at Education:
Biology - BA, 1985
Telephone: ( 813) 464-4621
Employer: Pinellas Co. Risk Hgmt. De~t.
Other Work Experience:
Environmental Regulation (Wastewater
Public Health - MPH, 1987 Monitoring Specialist I and II)
_{El).vi~onmental anC\ Occupational Health)
If retlrea. former occupation: N / A
Community Activities: Miscellaneous Volunteer Work
Other Interests: Environmental and Occupational Training
Board Service (current and past):
Board Preference:
None
~~rownfields Advisory Board
Additional Comments:
Signed:~ /? ~ Date: December 19, 1997
If ,
Category Applying For:
Ccxx ) Agency involved in Brawnfields redevelopment
( ) Business Owner ( must own a business within the Designated brownfield Area)
( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area)
Financial Disclosure may be required at the time of appointment
PLEASE RETURN THIS FORM TO: City Clerk's Department.
P. O. Box 4748, Clearwater, FL 33758-4748
, . . \ I, . ;"J I '. .' I .,:;, '" . . .,' >.. . .' I , "., ~ t ". ...... , ' . f '
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Resume Synopsis for:
ALICIA R. REED
Phone: (813) 712"()()79
2500 Winding Creek Boulevard
Apartment No. 1.202
Clearwater. Florida 33761
It .".
,! . ~ .
J.O.BJmJEcrJYE
Environmental and Occupational Health Professional
EDllCAD.ON
1985 - 1987
Master of Public Health (M.P.H.) Degree
Concentration: Environmental and Occupational Health
University of South Florida, College of Public Health
Tampa, Florida 33612
1981 - 1985
Bachelor of Arts Degree
Major: Biology
Talladega College, Talladega, Alabama 35160
Honors &
A wards
Who's Who Among Students in American Universities
and Colleges, Beta Beta Beta Biological Honor
Society (charter member), Alpha Chi Honor Society
(president), Beta Kappa Chi Scientific Honor Society
(president), National Dean's List, Honor Roll
t:MP~OYMEK[
1991 - pres.
Chemical Management Coordinator
Pinellas County Risk Management Department
400 South Fort Harrison A venue .
Clearwater, Florida 34616
.
1987 -1991
Water Monitoring Specialist I and II
Pinellas County Utilities Department - Sewer System
Water Quality Management Division, 14850 118th Avenue North
Largo, Florida 34644
1986 - 1987
Tutor Coordinator
University of South Florida, Project Thrust
LIB 612, 4202 East Fowler Avenue
Tampa, Florida 33620
(FOR AMPLIFICATION SEE FOLLOWING)
Amplified Resume
A. Reed
page 2
~
01/91 - Present
PINELLAS COUNTY RISK MANAGEMENT DEPARTMENT
. specific duties include development and
implementation of new environmental and occupational health and safety programs in
response to new and/or changing environmental and occupational laws; identification and
coordination of measures to insure County-wide compliance with federal and state laws
regulating the use, handling, and storage of hazardous and toxic chemicals; reviewing
County-wide "Right-to-Know" programs, spill plans, and exposure control plans; conducting
environmental and occupational training; and the design and maintenance of a County-wide
Material Safety Data Sheet (MSDS) database.
10/88 - 01191
PINELLAS COUNTY UTILITIES DEPARTMENT - SEWER SYSTEM
Water M~nitoring Specialist 11- specific duties included identifying/classifying industrial
users; scheduling/conducting inspections; performing field monitoring activities; and
assisting supervisor in the development/issuance of Industrial Wastewater Discharge Permits,
the Annual Report to the U.S. EP A, and various administrative needs. I comprised a
separate subgroup of the Industrial Program in which I managed the activities (identification,
classification, inspection, pennit application issuance and review, permit package drafting,
meetings, etc.) associated with Type II, III, and IV industrial users.
08/87 - 10/88
PINELLAS COUN1'Y UTILITIES DEPARTMENT - SEWER SYSTEM
Water Monitoring Specialist {- specific duties included managing the Industrial Pennit and
Inspection Group; performing field monitoring activities; assisting the Program Manager in
developing Industrial User forms, and in various administrative duties.
08/86 - 06187
PROJECT THRUST, UNIVERSITY OF SOUTH FLORIDA
Tutor CoordinatoJ:- specific duties included staffing the Tutorial Center, supervising 20 - 25
tutors, integrating scholastic/tutorial records via computer, preparing reports justifying the
Center's existence, and payroll projection.
REFERENCES:
Provided upon request.
.
caT( OF CLEARWATER
CL~ATER8ROWNAELDSAD~SORY80ARD
APPUCA110N
..~: Fredrick L. Rodger.
Heme Addr.SS~
1117 Ohio Avenue
..
omce Address:
PTEC 6100 lS4th Avenue North
-
..,..
. Pa tm Harbor FL
~ 34683
Clearwater FL & 33760
TeIepI1one:..c.aJ3l 538-715~ t:~F-~57
'elephone:_
How Ic2ng . tIllaOl tJI ~
"'--...:-.
~-... F.du~atnr
~..Id d EducaUon:
-
~ P~ne.lla8 Te"bnJcal Education Ctr.
OIherWcn ~
5S Industrial Technical Education
M.~d. Instruc{ional Tecbnqfo2v
-
-
--'"
r milld. fonnor occ:upatic.w
Canwnunit,y Activities: American Leiion Post 275 I Dunedin; American Vocational Assoc.: .
_ Florida Vocational Association; National Education Association/Florida Teaching Prof.
0Ihet Int..$b: _
80ard $GMat (currenI and p&1I):
8aMt Ptef<<ence:
Brownfields Adv. Board
-..-
-
-
s~ Deto:
~~ For:
( X)~Anvofv8d"~~
.
( ) 8uslneS8 Owner (RUSt own. busineu wfthi11he ~ ~Id AtM)
( ) Resident (must be . teSIdenl Vtilhft 0I8d}acenI to the Designated BtorM1fiefd keaJ
. FrnanciaI Di&dosUf. may M requited at 0. Orne of ~
PlEASE RETURN nus FORM TO: CRy Clelk'a Departnwtnt,
P. o. eax4741. C,.."..,. FL 3375S-41.
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Economic Development: City of Clearwater Brownfields Advisory Board Application
CITY OF CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION
Name:____David W. Gerard, P.E. II
Brownfield Coordinator, SWD
Home Address:
Office Address:
3804 Coconut Palm Drive
Zip
Zip_ 33619
Tampa
Telephone:
Telephone: _ (813) 744-6100, X420
How long a RESIDENT of Clearwater?__ n/a
Occupation: Enqineer
Employer: Fla. Dept. of Env. Protect
Field of Education:
Other Work Experience:
BSChE
Environmental Consulting
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past) :
Board Preference:
licant will re resent FDEP-SWD
~
Da te : I {~ - 7 - '1?
Signed:
Category Applying F. r:
(X) Agency involved i.n Brownfields redevelopment
( ) Business Owner (must own a business within the Designated brownfield
Area)
Resident (must be a resident within or adjacent to the Designated
Brownfield Area)
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department
P. O. Box 4748
ClearWater, FL 33758-4748
Page 1
Economic Development: City ofCJearwater Bro...
Home Address:
Office Address:
Page 1 of J
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'"' 99
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CITY OF CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION
Name:
c.\t(t\S
Hob..., L
~ ~ 2.. L.'t~ t'I 1-4 K';..$ CC R c \.E $o_
s 7. 1> S Te Rs. [3......R." f\.. Zip 3 :5 ? \ 2-
Telephone: ?7..1. g, 7... '4.( 2.. I
Telephone:
\vA>.,. 'Nit l"~ it LVi). S\.J\ 'r{"\1
FL Zip ~'i~6
<t'1' - ts~ - S8~~
"." IJ.
$41l. A-So rr..
How long a RESIDENT of Clearwater? '/z
'rR..
1_ Sf. POl:..
Occupation: ~^,f/fllo-"'~_~L E-I-o\-ei:fl
Employer: A-PF1-'~J Tee"'~L6""1"" ""w~7; r_~
Field of Education:
Other Work Experience:
"1~CL.~It..~,."V\ ~~ T ~t..--E.!'" 6tt,.C2tt,~
1-1-, ~ \,- ~ G"~~ rA..t;-cA. \AItJt. l-~ (41 /) t>fvGUJft"I!'-7"
. tE.- v ,It~~-T''-,- fC/lJ-t,irVlo.
.
If retired, former occupation:
Communi ty Acti vi ties: M... -/J~R... of
F.~.. ""-.5.P.i.
,
Other Interests:
Board Service (current and past) :
Board Preference:
'IU t S ~s "'.,
i= \ R,r- 'rf:~ \1"0# 06"",.. oJ" ,T Y ~ c /( v, t: ~.;rT 's A- l'OP \ C
r1f47' r.+- V~~) r/'WT;:tl.~Sr~k r-.:i:' ~c 1./L"~ I ~N GF H...ALPCI/Q.7t:'
e,..elt.;.. t. .. TRvf ~....r}#"'S(41 "" F41\. TH '.1 .5 vfJJ ~ ~r.
Additional Comments:
Signed: ~~
Category ~ ~or:
(.1'5 Agency involved in Brownfields redevelopment
( ) Business Owner (must own a business within the Designated brownfield
Area) .
Resident (must be a resident within or adjacent to the Designated
Brownfield Area)
Date:
Ilff/~'
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department
P. O. Box 4748
Clearwater, FL 33758-4748
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Economic Development: City of ...elds Advisory Board Application
http://public.llb.cl.clearwater.ft.uslecondevlbab-form.html
CITY OF CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION
----------------------~----------------------------------
Name: _(;eo rJ~
Horne Address:
t tI EVA 11.J
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,
Office Address:
Cirv/t;
zip3CJ611
~.r'1 1'132.
3 oS' S J)t'4h~
LIJAf/)A fI)1 PL
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Telephone: q tit
Fi~1 j (load
Zip 33tJ/
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,
{)IJ.JI'I~f, ft
Telephone: 1'13
How long a RESIDENT of Clearwater?
Occupation: EnlJiffJ}1J"Urr~t Coll.rl#l.h~
-
Employer: AS [, !JMStit!I'u~ /11(,.
Other Work Experience:
Field of Education:
eadh .J c ie-Me- / Ge-- / ~ 'I
G~f~l~J1;{'A / EhjilJteY'ihj
If retired, former occupation:
-
Community Activities:
-
Other Interests: Ou-lJoo" C!l-!-ivrhuJ e)I.4("~~' fP/b? ti/'ou.f eht,il'oy,Vtu,-h.l t vhU'A'H,J.
Board Service (current and past): Board Preference:
-
Browh!it:,/J.j AJI/;so~r EDllr4.
Additional Comments: I will b'-., IAJ}~ h ,y~vilt" j1c,,-iip.se-d ~J~/ahoh,~-tJ.
Siqned: /!)~ ~ ~ate:' /2S"/11 ·
Category Applying for:
Q() Agency involved in Brownfields redevelopment
( ) Business Owner (must own a business within the Designated brownfield
Area)
) Resident (must be a resident within or adjacent to the Designated
Brownfield Area)
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department
P. O. Box 4748
Clearwater, FL 33758-4748
~.F~EIVED
JAN 2 B 1999
CfTV CLE~K DEPr.
~ ...t ~
FNl
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item 1/
~(p
Meeting Date:
5/04/00
SUB JECT /RECOMMEN DATION:
Approve a three-year Bond Counsel Agreement with Bryant, Miller and Olive, P.A., to serve as the City's
bond counsel,
l&l and that the appropriate officials be authorized to execute same.
SUMMARY:
o As a result of an RFP process in 1995, Bryant, Miller and Olive, P.A. was selected to serve as the City's
bond counsel. The initial agreement was for a period of three years, with the option for up to two, one (1)
year extensions. The original agreement was extended for one year in May 1998, and again in 1999.
tI Fees for this new agreement are unchanged from the original 1995 contract. Fees for issuing bonds are
based upon the type of bond issue and are calculated per $1,000 of bonds. The typical bond issued by the
City is a fixed rate revenue bond. The fee charged for the first $45 million of fixed rate revenue bonds
issued is $1.40 per $1,000 with a minimum fee of $10,000. This agreement allows for one two~year
extension at the completion of the original three-year contract.
. The cost incurred due to bond issuance is paid from the bond proceeds.
. We have been very satisfied with the services provided by Bryant, Miller and Olive over the past contract
period. It is felt that with the number of projects currently in progress, that it is in the City's best interest to
continue this working relationship with a new contract.
. This agreement is for legal services; therefore, is exempt from the bid process, Code of Ordinances,
Exceptions to Bid, Sec. 2.564(g).
Agreement available for review in City Clerk Department
Reviewl-d by:
Legal ~ Info Srvc
Budget ~/':. /i Public Works
1'1IrChaSin~ DCM/ACM
Risk Mglll N/A Other
N/A
N/A
~
N/A
Originating Dept:
Finance '-"rn
User Dept.
Costs
Total
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by:
City Manager
o None
A propriation Code:
Rev. 2/98
t
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1
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BOND COUNSEL RETAINER AGREEMENT
THIS AGREEMENT is made on the day of , 2000, by and
between the CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA (the
"City"), P.O. Box 4748, Clearwater, Florida 33758-4748 and the law Bond Counsel of
BRYANT, MILLER AND OLIVE, P.A., TALLAHASSEE, FLORIDA ("Bond Counsel"), 201
South Monroe Street, Suite 500, Tallahassee, Florida 32301.
WIT N E SSE T H:
WHEREAS, the City wishes to retain a Bond Counsel to serve as Bond Counsel to
the City in connection with various bond issues and other matters for three (3) years with
an option to extend for one two (2 )-year renewal.; and
WHEREAS, pursuant to the City's request for proposals, Bond Counsel has been
selected to provide the desired seNices on terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS BOND COUNSEL. Bond
Counsel is hereby authorized to provide Bond Counsel services as described in this
Agreement and for the professional fees described in this Agreement.
SECTION 2. TERM. This Agreement will be effective for three (3) years from the
date of execution and may be extended for one two (2)-year renewal upon approval by
the City Commission.
SECTION 3. BOND COUNSEL SERVICES. Bond Counsel hereby agrees to
provide its professional seNices and facilities in connection with all bond issuance and
other debt activities of the City subject to the conditions and in consideration of the
payment of fees set forth herein. Bond Counsel agrees, at the request of the City, to:
(A) Review proposed financing programs as to legal feasibility, compliance with
applicable law and pending or proposed revision to the law, including U.S. Treasury
regulations.
(B) Advise as to structuring procedures, required approvals and filings, schedule
of events for timely issuance, potential cost-saving techniques and other legal matters
relative to issuance of the debt instrument(s).
(C) Attend meetings with City staff and officials, the City's financial advisor,
underwriters, rating agencies and others as appropriate for development or sale of bonds
or dissemination of information in connection therewith.
o\Je r-
(0) Prepare bond ordinances or resolutions and any amendments thereto in order
to authorize the issuance of the bonds.
(E) Prepare any trust indenture; escrow deposit agreement; registrar or paying
agent agreement; and any other agreements of similar documents necessary, related or
incidental to the financing.
(F) Prepare all pleadings (e.g. complaint, notice of service, proposed answer,
memorandum of law, proposed order, etc.) and, as requested by the City Attorney, assist
in or conduct the validation hearing.
(G) Review the transcript of all proceedings in connection with the foregoing and
indicate any necessary corrective action.
(H) If sale is by competitive bid, assist in preparation of the bid documents, notice
of sale, evaluation of bids and any other documentation or action necessary to conduct a
sale of the bonds in that manner.
(I) Review all disclosure documents prepared or authorized by the City insofar as
such documents describe the bonds and summarize the underlying documents.
However, the Bond Counsel assumes no responsibility for the disclosure documents
insofar as such documents describe the financial circumstances of the offering or any
other statistical projections or data and the Bond Counsel assumes no responsibility for
preparing "Blue Sky Memorandums," registering obligations of the City in any State or for
preparing legal investment surveys.
(J) Prepare, obtain, deliver and file all closing papers necessary in connection with
the sale and issuance of the bonds, including, but not limited to, certified copies of all
minutes, ordinances, resolutions and orders; certificates such as officers, seal,
incumbency, signature, no prior pledge, arbitrage and others; and verifications, consents
and opinions from accountants. engineers, special consultants and attorneys.
(K) Review all underwriting proposals, prepare all closing documents and attend
and assist in the closing.
(L) Render an opinion in written form at the time the bonds are delivered, which
opinion will cover (1) the legality of the bonds and the proceedings by which they are
issued and (2) the exemption from gross income for federal income tax purposes of the
interest paid on the bonds.
SECTION 4. PROFESSIONAL FEES FOR BOND COUNSEL SERVICES.
A. The City and Bond Counsel agree to the following schedule of fees in
connection with bond counsel representation:
Fixed Rate
2
General
Obligation
Bonds.
~~.
Fixed Rate
Revenue
Bonds.
Variable Rate
Revenue Bonds.
FIRST $45,000,000
$45,000,000 AND ABOVE
*PER $1,000
@ $ .55
@ .44
@ $1.40
@ 0.90
@
@
$1.50
1.00
The minimum fee for general obligation bonds and city revenue bonds is $10,000.
B. For conduit financings, the City agrees that the Bond Counsel shall be
compensated for the above services at the time bonds are delivered according to the
following schedule:
FIRST
SECOND
NEXT
NEXT
IN EXCESS OF
$ 5,000,000
5,000,000
10,000,000
10,000,000
30,000,000
@$5.00 per $1,000
3.00 per $1 ,000
2.00 per $1 ,000
1.70 per $1,000
1.00 per $1 ,000
The minimum fee for industrial development bonds and private activity bonds is
$30,000. Expenses will be capped at $7,500 but subject to negotiation in unusual
cases. The Bond Counsel understands that fees for conduit financings shall be
paid by the obligor and not by the City.
C. The above fees include bond validation proceedings on behalf of the City
exclusive of appeal proceedings.
SECTION 5. ANCILLARY SERVICES. In addition to being asked to perform
typical Bond Counsel services in connection with various issues of the City as noted,
above, Bond Counsel agrees to provide certain ancillary services, such as ongoing
consultation with the City on routine matters, Le., phone conversations, short
correspondence and simple advice on proposed or closed transactions without additional
cost. Other services such as preparation of legislation, preparation of ruling requests to
the Internal Revenue Service for rulings required in particular financing, seeking no action
letters from the Securities and Exchange Commission and peliormance of other legal
services at the request of the City shall be performed at the rate of $150.00 per hour for
attorney time. No such services will be undertaken without prior approval of the Finance
Director and the City Attorney on the scope of the requested legal services and the
estimated costs of said services.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the Bond Counsel for reasonable out-of-pocket expenses as
described above without markup including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
3
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/
travel incurred by Bond Counsel in performance of the duties hereunder. Travel and per
diem costs as well as auto travel expenses shall not exceed that which is available to City
of Clearwater employees.
SECTION 7. INDEMNIFICATION AND INSURANCE. Bond Counsel agrees to
protect, defend, indemnify and hold the City and its officers, employees and agents free
and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Bond Counsel, its
employees, agents and subcontractors in connection with or arising directly or indirectly
out of this Agreement and/or tile performance hereof. Without limiting its liability under
this Agreement, Bond Counsel shall procure and maintain during the life of this
Agreement professional liability insurance in an amount in excess of $1,000,000. This
provision shall survive the termination of this Agreement.
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and Bond
Counsel that Bond Counsel is not aware of any clients of the Bond Counsel that currently
present any conflict between the interests of the City and other clients of Bond Counsel.
If any potential conflict of interest arises during the time Bond Counsel is representing the
City, Bond Counsel will promptly inform the City. The City is under no obligation to agree
to permit the conflict representation.
SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and Bond
Counsel.
SECTION 11. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon thirty days advance written notice to Bond Counsel. Upon
notice of cancellation, Bond Counsel shall immediately cease work hereunder and shall
be reimbursed for eligible and documented reimbursable expenses incurred prior to the
date of cancellation. Further, it is understood and agreed between the City and Bond
Counsel that Robert C. Reid, Grace Dunlap and Randall W. Hanna will be the lead
attorneys assigned by the Bond Counsel to provide the services contained herein. The
City in its absolute discretion may immediately terminate this Agreement upon written
notice to the Bond Counsel if the services of any of these attorneys are unavailable to the
City.
4
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IN WITNESS WHEREOF, the City and Bond Counsel have executed this
Agreement as of the date first written above.
,;
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
Pamela K. Akin .
City Attorney
Cynthia E. Goudeau
City Clerk
BRYANT, MILLER AND OLIVE, P.A.
By4~
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- .
FrJ d--
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
..
Meeting Date: 5/04/0
SUBJECT /RECOMMEN DA liON:
Approve a three-year contract for Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A.,
to serve as the City's disclosure counsel,
[&J and that the appropriate officials be authorized to execute same.
SUMMARY:
. As a result of an RFP process in 1995, Nabors, Giblin & Nickerson, P.A. was selected to serve as the City's
disclosure counsel. The initial agreement was for a period of three years, with the option for up to two,
one (1) year extensions. The agreement was extended for 1 year periods in 1998, and again in 1999.
. Fees for this new agreement are unchanged from the original 1995 contract. Fees for issuing bonds are
calculated per $1,000 of bonds. The fee charged is $1.10 per $1,000 for the first $10 million and $.90 per
$1,000 above $10 million, with a minimum fee of $5,000. This agreement allows for one two-year
extension at the completion of the original three-year contract.
. The cost incurred due to bond issuance is paid from the bond proceeds.
. We have been very satisfied with the services provided by Nabors, Giblin & Nickerson over the past
contract period. It is felt that with the number of projects currently in progress, that it is in the City's best
interest to continue this working relationship with a new contract.
. This agreement is for legal services; therefore, is exempt from the bid process, Code of Ordinances,
Exceptions to Bid, Sec. 2.564(g).
Agreement available for review in City Clerk Department
N/A
N/A
~
N/A
Originating Dept:
Finance
User Dept.
Costs
Reviewed by:
Legal ~
Budget N/W
Purchasin~ /"4,
Risk Mgmt N/A
Info Srvc
Public Works
OCM/ ACM
Other
Total
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code:
Rev. 2/98
I
I
.J.
;)7
DISCLOSURE COUNSEL RETAINER AGREEMENT
THIS AGREEMENT is made on the day of , 2000, by
and between the CITY OF CLEARWATER, P. O. Box 4748, Clearwater, Florida
33758-4748 ("City"), and the law firm of NABORS, GIBLIN & NICKERSON, P.A., The
Pointe, Suite 1060, 2502 Rocky Point Drive, Tampa, Florida 33607("Disclosure
Counsel"),.
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Disclosure Counsel to the
City in connection with various bond issues and other matters for three (3) years with an
option to extend for one two (2)-year renewal.; and
WHEREAS, pursuant to the City's request for proposals, Disclosure Counsel has
been selected to provide the desired services on terms and conditions hereinafter set
forth.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein and in the Agreement, the parties do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS DISCLOSURE COUNSEL.
Disclosure Counsel is hereby authorized to provide Disclosure Counsel services as
described in this Agreement and for the professional fees described in this Agreement.
SECTION 2. TERM. The term of the Agreement will be effective for three (3)
years from the date of execution and may be extended for one two (2)-year renewal
upon approval by the Commission.
SECTION 3. DISCLOSURE COUNSEL SERVICES. Disclosure Counsel hereby
agrees to provide its professional services and facilities in connection with all bond
issuance and other debt activities of the City subject to the conditions and in
consideration of the payment of fees set forth herein. Disclosure Counsel agrees, at the
request of the City, to:
(A) Consult with City officials and staff concerning disclosure questions and issues
relating to the initial issuance of bonds or other indebtedness and continuing disclosure
requirements.
(8) Attend, upon request, meetings of the City Commission (the "Commission") or
any meeting of staff, relating to the issuance of bonds or disclosure matters;
(C) Prepare and review the City's bond purchase agreement in the event bonds
are offered pursuant to a negotiated sale;
o\J-(~
.'
/
(D) Prepare and/or review the City public sale solicitation documents in the event
bonds are offered pursuant to a competitive bid;
(E) Prepare the City's preliminary and final official statements in connection with
any bond offering;
(F) Supervise and coordinate the printing and delivery of the preliminary and final
official statements;
(G) Review all bond documents prepared in connection with an issuance of bonds
to the extent such documents involved disclosure matters;
(H) Provide a written 10(b)-5 disclosure opinion to the City at the time any bonds
are issued;
(I) Provide a reliance letter or written 10(b)-5 disclosure opinion to the underwriters
at the time any bonds are issued;
(J) Consult with City officials and staff regarding all matters relating to continuing
disclosure requirements. specifically those now imposed by the Securities and Exchange
Commission Rule 15c2-12, as amended (the "Rule"). Disclosure Counsel's
responsibilities with respect to continuing disclosure shall involve, but not be limited to,
the following issues:
(1) determination of "material events" (as defined in the Rule) and timely
disclosure of same:
(2) yearly compilation, determination and disclosure of "annual
information" (as described in the Rule);
(3) yearly disclosure of audited financial statements:
(4) timely disclosure of any material failure by the City to comply with the
Rule:
(5) determination and preparation of new language required by the Rule
to be included in bond resolution and official statements;
(6) obtaining assurances and obligations from other "material persons"
or "obligated persons": (as such terms are defined in the Rule)
involved in a bond transaction that such persons will comply with the
Rule; and
(7) any and all matters regarding the Rule and the City's continuing
disclosure obligations.
2
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SECTION 4. PROFESSIONAL FEES FOR BOND COUNSEL SERVICES. The
City and Disclosure Counsel agree to the following schedule of fees in connection with
Disclosure Counsel representation:
First $10,000,000
Above $10,000,000
$1.10
$0.90
*PER $1,000
$5,000 minimum
SECTION 5. ANCILLARY SERVICES. In addition to being asked to perform
typical services in connection with various issues of the City as noted, above, Disclosure
Counsel agrees to provide certain ancillary services, such as ongoing consultation with
the City on routine matters, Le., phone conversations, short correspondence and simple
advice on proposed or closed transactions without additional cost. Other services such
as continuing disclosure services and performance of other legal services at the request
of the City shall be performed at the rate of $150.00 per hour for partners and $125 per
hour for associate attorney time. No such services will be undertaken without prior
approval of the Finance Director and the City Attorney on the scope of the requested
legal services and the estimated costs of said services.
SECTION 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the Disclosure Counsel for reasonable out-of-pocket expenses as
described above without markup including but not limited to long distance calls and
facsimiles, copying or reproducing documents, postage, court costs, parking costs and
travel incurred by Disclosure Counsel in performance of the duties hereunder. Travel and
per diem costs as well as auto travel expenses shall not exceed that which is available to
City of Clearwater employees.
SECTION 7. INDEMNIFICATION AND INSURANCE. Disclosure Counsel agrees
to protect, defend, indemnify and hold the City and its officers, employees and agents
free and harmless from and against any and all losses, penalties, damages, settlements,
costs, charges,. professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Disclosure Counsel, its
employees, agents and subcontractors in connection with or arising directly or indirectly
out of this Agreement and/or the performance hereof. Without limiting its liability under
this Agreement, Disclosure Counsel shall procure and maintain during the life of this
Agreement professional liability insurance in an amount in excess of $1,000,000. This
provision shall survive the termination of this Agreement.
SECTION 8. CONFLICT OF INTEREST. It is understood by the City and
Disclosure Counsel that Disclosure Counsel is not aware of any clients of the Disclosure
Counsel that currently present any conflict between the interests of the City and other
clients of Disclosure Counsel. If any potential conflict of interest arises during the time
Disclosure Counsel is representing the City, Disclosure Counsel will promptly inform the
City. The City is under no obligation to agree to permit the conflict representation.
3
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SECTION 9. CONSTRUCTION AND AMENDMENTS. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. This
Agreement may be amended only by a writing duly entered into by the City and
Disclosure Counsel.
SECTION 10. CANCELLATION OF AGREEMENT. The City may cancel or
terminate this Agreement upon thirty days advance written notice to Disclosure Counsel.
In the event of cancellation, Disclosure Counsel shall immediately cease work hereunder
and shall be reimbursed for eligible and documented reimbursable expenses incurred
prior to the date of cancellation. Further, it is understood and agreed between the City
and Disclosure Counsel that L. Thomas Giblin and William D. Tyler will be the lead
attorneys assigned by the Disclosure Counsel to provide the services contained herein.
The City in its absolute discretion may immediately terminate this Agreement upon written
notice to the Disclosure Counsel if the services of any of these attorneys are unavailable
to the City.
IN WITNESS WHEREOF, the City and Disclosure Counsel have executed this
Agreement as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
NABORS, GIBLIN & NICKERSON, P.A.
By
Print Nam
Title:
4
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Oearwater Gty Cbmmission
Pgenda O>ver Mmorandum
Work session Item #:
Anal Agenda Item # -'d..- ~
M eating Date:
5. Lf. 00
SJaBrr/RECOMM&JDAll0N: Approve the final pia for Ma1daay Beach Club SJbdivision located at
10 ~aya Sreet a1d 9 S:n Mcrco Sreet a1d lying 750 feet North of Causeway Bouleva-d a1d one
block waS of Mandalay Avenue,
iii and thii the appropriate officials be authorized to execute sane.
SUMMARY:
. The ~pliccnt is proposing two condominium towers ci this location. The property is currently mixed-use
residential CIld commercial. This property is zoned "r (Tourist). The Development Review Committee has
~proved thi s development.
Reviewed by: Originating Dept: /A CoIIt8
Legal N/A Info SVc N/A Public WorkaAdmin; ;;. Total
Budget N/A Public Works ~ U_ Dept. 7 I Funding Source:
Purchasing N/A DCM/ACM N/A Current FY CI
Risk Mgmt N/A Other N/A Attachments OP
.
Other
QJbmitted by: ~f~ c..- OO None
City Manager 'Bill Appropriation Code:
o Printed on r ed paper Plat M8fldalay Beach C1~
ec:yd
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MAY-03-2000 13:11
. Wilson. Denise A.
;
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From:
Sent
To:
SUbJect:
Quillen, Michael
Wednesday, May 03, 200011:52 AM
Wilson, Denise A.
Mandalay Beach Club Plat
Regarding the question as to whether all required improvements to Papaya & San Marco Streets can fit within the existing
SO' nght-of..way:
The proposed cross-section, as contained In the Engineeting Design Report prepared for the City by Florida Design
Consultants, contains
two 11' travel lanes
one 8' !)8rallel parking lane
MO 5' sidewalks
two 3' landscape strips
and 4' of curti & gutter for a total of 50'.
Thus we will not need add'l. property.
COPIES TO:
COMMISSION
u AY 3 "~n,.,
M LI.i .,' '.'
PRESS
CLERK I AlTORNEY
,,'," l" .,....
MAY-~3-a1ei2 13~33
WEST EAST
R/W R/W
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2' n'PE F CURB &: GUTTER
6. 'NPE C' CiJRB . . . . . . . . .
NORTH
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OU~DE EDGE
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TYPICAL SECTIONS
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DATE.
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#28 5 -4-00
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Item #29
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79f
Worksession Item #:
dearwater City Commission
Agenda Cover Memorandum
r')Q
Final Agenda Item # ~...J.
Meeting Date: May 4, 2000
SUBJECT/RECOMMENDA TION:
New County-wide Voluntary Annexation Process Proposed by the Pinellas Planning Council.
MOTION: Establish the City of Clearwater's position on the proposed County-wide Annexation
Process and recommend revisions in the proposal to the Pinel/as Planning Council and the Board of
County Commissioners.
JJ and that the appropriate officials be authorized to execute same.
SUMMARY:
The Pinellas Planning Council has scheduled a public hearing on May 17, 2000 to discuss the
proposed new annexation process and the proposed planning area map. There are five issues which
warrant discussion and direction to the staff and PPC representative. These issues and the Planning
Department's recommendations are as follows:
1. Revision to the Planning Area Map
The eastern border of Clearwater's planning area should be extended east of McMullen Booth
Road to include the City's sewer treatment plant. Currently, the plant is in Safety Harbor's
planning area.
2. Annexation of Discontiguous Properties
The proposal currently requires that all annexations be contiguous to a city's current boundaries,
even if the property is within the planning area. It is recommended that annexations be allowed
within the planning area boundary without regard to contiguity.
3. Expedited Process for PPC Review of Non-Controversial Annexations
Currently, the proposal requires a city to notify the PPC and the County of all annexation
applications and the PPC is authorized to review the application for consistency with the planning
area boundaries and annexation compactness. It is recommended that the proposal be revised to
establish an exception for annexations within the planning area or for annexations of a certain size
or both.
Reviewed by: Costs
Legal Info Srvc N/A Total
--
Budget N/A Public Works N/A Funding Source:
Purchasing N/A DCM/ACM Current FY CI
Risk Mgmt N/A Other OP
Other
Submittod by:
City Manager
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Agenda Cover Memorandum
New Annexation Process
Page 2
4. Amortization of Enclaves
It is recommended that the proposal authorize a city to involuntarily annex existing enclaves within
a city's planning area after a specified period of time. This proposal is intended to recognize the
intensely urban pattern of development in this county and improve the effective delivery of
municipal services within a reasonable planning timeframe.
5. Annexation of Property outside of Planning Area
Currently, the proposal disallows annexations outside of a planning area even though the
annexation is voluntarily requested by the property owner. It is recommended that voluntary
annexations be allowed outside of a planning area if not within any other city's planning area and
if contiguous to the city's current boundaries.
The current draft of the annexation proposal is attached (Draft No.6, dated May 17, 2000).
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DRAFT No. (I
May 17,2000
An ordinance relating to Pinellas County; providing a purpose;
pro\'i~irig for aut~o~~ p!~~!~~%lt de~~t~~ns; providing. for
planrung areas 8e1imitiftg m.~g eligtbiltty for annexation;
providing criteria for petitions for voluntary annexation; providing
for a ~ review of proposed annexations; providing for request
by affected party for fun review of proposed annexations; providing
. a municipal annexation procedure and appeals therefrom; providing
for the effect of annexation; providing for interlocal 8gI:eements for
urban services and annexation; providing for ~[eIDP~QJ.{#;Q;~ state
plan amendment review process~ providing for amendment to the
Pinellas County Charter; providing an effective date and referendum
uestion' rovidin for severabilit ~~::~~,?~.hroVld1n-';f;lZ;t.1oH~~~'offier
mCfaifi6iif(fff'~tbati~a~~m~uf1=(jIrt~~t~~~~ltilil-~~~iff~~~l{ittli~
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p~b.1J~:h~~rigs ~~d,~th'.r.~.~R~~iple.','~4fu.9QtI~s.
WHEREAS, Pinellas County is the most densely populated county in the State of Florida,
with twenty-four (24) incorporated municipalities that comprise nearly two-thirds (213) of the
total county area; and
WHEREAS, annexation of unincorporated area by the incorporated municipalities is an
on-going significant occurrence that bas important growth management and service delivery
implications to the unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be
expand~g,.J!.}ye,~~g~;"~'~N~~'~;",~~'~>'~!!,!~~{~,~,~~~~~<~~y~~~,,!~~,.~~~~;,;~,~~.~.~;i.,<~,2~~,.;,:..~,,~~~.../.'~"~"''f7",'~.~',:~",~"
fes""ectiv~dntereSfs;~iIf);a."rfaiiXand :"ooo'eratiVe;~:manner)that:res ects'iheji. hts'" arid:' iriterests' /of
~l~:~~~>;~tr;~;;ei.t,~:..t:;:~~:~;,);~:~~~%1::r~'f?:::}:~\1:i:~~;1'~~;i~';1~~~;s~.}iji.::.;~}~X.:~:;\:;F:,::s::~t;t:t:~~(>::;;~i::;;f{~%!;~{<:::'~.':' P.. c.... ..... .... .,g .. ~.." " ,..~.. .,.... - ..' . ...
."'.'diViduw': TO . ert"owfiers'.8.rid thi{ .res "'ective'\irisdictions'. and
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WHEREAS, the Board of County Commissioners of Pinellas County, Florida, deems it to
be in the best interests of the citizens of Pinellas County to implement a more rational, unifonn,
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inadequacies, inequities, inefficiencies, and unpredictability of the current voluntary annexation
process; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, declares it
essential to a well-planned and balanced syStem of governance in Pinellns County that the method
of annexation provided for in this ordinance and subsequent charter amendment constitutes the
exclusive means by which voluntary municipal annexation may occur in Pinellas County; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has
detennined that the municipalities located within Pinellas County have the ability to provide urban
services to the planning areas designated hereiI~ and that said detennination was based upon
WHEREAS, pursuant to Pinellas County Charter s 6.01, the Board of County
Commissioners ofPinellas County, Florida has the authority to amend the Pinellas County Charter
by ordinance passed by an affinnative vote of not less than majority plus one, subject to
countywide referendum.
NOW~ THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of
Pinellas County, Florida:
Section 1. Purpose._.$1'ffi.~:ttt!Ji\lJ;~~IJ.;,;.: . ".:i~}mr#.~s.1{,/j~%Z~
i:~. '(~"" )"~~':.:';r.. "'It,.;.'ttf' ..4...... ,.-)\f.-:-y;J:)K~'?"'''1,~.->>...;.. ~ ,s.: "y'~ .,
It is the purpose of this ordinance .~~~4~t~b~._ .e4~~o~!K~ to establish a
uniform, equitable:J and integrated procedure with clearly defined criteria to provide the exclusive
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means for voluntary annexation of property by an incorporated municipality within PineUas
County, Florida.
Section 2. Authority.
This ordinance is promulgated pursuant to the home rule powers of Pinellas County,
Florida, and s 171.044(4), F.S. (Supp. 1998), as a county ordinance to authorize placement of a
ballot question before the electorate to consider amendment of the Pinellas Coun!y Charter,
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pursuant to the provisions for amendment thereo~ that would establish the pi:Q.Y.li!~LfQ! exclusive
procedures and criteria for voluntary municipal annexation and establish planning areas that
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delimit !i~l11i~t~?th-;");.;es'!''\l.J>hi~~~ea eli ibilit ~ii'~"bl~ for annexation b a munici ali .
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Section 3. Definitions.
The following tenns and phrases shall have the following meanings, unless some other
meaning is plainly indicated:
(1) -Ability to Serve" means the municipality that proposes to annex property has the
authority, responsibility, and capacity to provide police, fire, sewer, water, and solid waste
disposal service. If the annexing municipality does not have the authority, responsibility, and
capacity to provide anyone or more of these five (5) requisite urban services to the property
proposed to be annexed, then it shall, by either interlocal agreement or written authorization,
obtain agreement of the service provider that is charged with providing such service(s), attesting
.
to that provider's ability and willingness to provide said service(s).
(2) -Annexation" means the voluntary addition of real property to the boundaries of an
incorporated municipality pursuant to the Pinellas County Charter, such addition making such real
property in every way a part of the municipality.
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(3) -Board- means the Board of County Commissioners of Pinellas County, Florida.
(4) ClCP A. means tbe Board of County Commissioners sitting in its capacity as the
Countywide Planning Authority.
(5) 'Compact- means concentration ofa piece of property in a single area and precludes
any action which would create pockets, finger areas, or serpentine patterns. Any annexation
proceeding in Pinellas County shall be designed in such a manner as to ensure that the area will be
reasonably compact.
(6) 'Contiguous. means that a substantial part of a boundary of the tenitory sought to
be annexed by a municipality is ooterrninous with a part of the boundary of the municipality. The
separation of the temtoIY sought to be annexed from the annexing municipality by a publicJy-
owned county park; a right-of:.way for a highway, road, railroad, canal, or utility; or a body of
water or watercourse; or other minor geographical division of a similar nature, running parallel
with and between the tenitory sought to be annexed and the annexing municipalitys shall not
..,
prevent annexation under this ~
(7) .Council- means the PinelJas Planning Council, as created by Chapter 88-464, Laws
ofFlorlda (1988)" or its designee.
(8) .Coun~ means PinelIas County, Florida.
(9) -MunicipalitY' means a municipality created pursuant to general or special law
authorized or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
(10) -Party affectedw means any persons or firms owning property that is proposed for.
annexation to a municipality, or any governmental unit having jurisdiction over such area.
(11) .Urban services. means those services required to be available and provided by a
local government, either directly or by contract, to properties located within its present
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boundaries and areas proposed for annexation, including but not limited to police, fire, sewer,
water, and solid waste disposal.
Section 4. Planning Areas - Delimiting
(1) Planning areas have been determined and deJifleated
forth in Exhibit 1, attached hereto and incorporated by reference. The purpose of each planning
area is to allow the respective municipalities to consider the area in their Comprehensive Plan and
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delimit _W1i~j the geographic area eligible for annexation to each such municipality. Each
planning area was detennined and delineated consistent with the pu ose and provision for
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establishment of planning areas, as provided for under s 163.3171, f.S;~ and is specifically
intended to replace the review for ability to serve for annexations of ten (10) acres or more now
conducted independently by the Council under Chapter 88-464, Laws ofFIorida.
(2) The plan.-ung areas designated herein may be amended by oounty ordinance upon
reoommesdatioR of the Council to the CP fa.. tfuty deviation from the Council's recommendation
by the CPA shall be by a majority vote plus one. Consideration of a ehnnge to any plan.'ling area
oriteria and procedures set forth herein, unless and until Exhibit 1 is amerided to include such
unincorporated area in the annexing municipality's planning area. Howeyer, in the event that a
municipality receives a petitien to voluntarily anneK property that lies outside that municipality~s
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plm-Hflg area, said petition shall be reviewed in eooerdaaoo \vith subsection (2) above, in additieR
;\ ,
(a) t~~ nature of the request and interest of the affected property owner(s);
(b) e ability of affected municipality to provide urban services;
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(c) Ui.~ unifonn and consistent relationship of proposed area to existing municipal
boundaries and related areas eligible for annexation; and
(d) ~~ interest and relationship of adjoining unincorporated areas and service
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~Jt:g~(6)d~II1'tt{e,evenUhafaDJunlcr'lili" ""iecejv~"a~~iiti()I1~ill;villuntafjI'.~,'8!inex;"ro- "rtv"lliai
iiIiilicg':.'ohit@"ci>tiriP.that.:is'.noiWiihIri':ari"-mu~dal'Imnin. ar' ; 'butls'ot11erWise.eli "ble for
~~r~~:,~:~~~:;~;.:,~~ended from time to time. Any amendment thereto (~J%~~:i~;;;~!\r~>s~J@Bf.i:Qm thi,~
~:?:~:>:.:.: ~~::'.. :.~; .:.~....~ :0:", <".'::i: !\:;:"~ ':.?:; !t~~;'~~:"1.~:~)::'i1~~;'j.;::\t ).~~
li~ri9.g~.g,i~~~~ shall be as provided for under subsection (2) above IDJt:~~~Q'~. The first review
shall take place no longer than five (5) years after final adoption of this ordinance. Each
subsequent review shall take place no longer than five (5) years after the previous review.
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occur in Pinellas County
s~ not be deemed to automatical~
Janning areas provided for under this sectio but ma be considered, eIeag-witfl m
Section 5. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area
of the County, may petition the governing body ofa municipality that said property be annexed to
tile municipality if the subject property meets the following requirements:
(a) the property is located within the annexing municipality's planning area set
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forth in Exhibit 1; mq
(b) the property is contiguous to the annexing municipality and reasonably
compact.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation or the
initiation' of a voluntary annexation pursuant to a previously executed and valid agreement, the
annexing municipality shall notify the County, Council, and all parties affected, of said proposed
annexation with a copy of the petition for annexation and a legal description of the subject
property. Notwithstanding the five (5)-day notice period provided above, the annexing
municipality shall provide said notice prior to the first reading of the annexation ordinance.
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Section 6. Limited Review of Pro 'posed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a mumcipality and a legal
description of the subject property, the Council shall review said proposed annexation for
compliance with the following criteria:
(a) whether the subject property complies with the criteria and procedures set forth
in Section 5; and
(b) whether the legal description provided conflicts with previously-established
municipal boundaries or creates an inadvertent gap between governmental
jurisdictions.
(2) Within fifteen (15) calendar days of receipt, the Council shall notify the annexing
,
municipality if the proposed annexation is deemed inconsistent with the criteria and procedures set .
forth herein, or if a valid request for a full review has been received from an affected party.
Absent any such notificatioI\ the annexing municipality may proceed with the proposed
annexation.
(3) If the proposed annexation is deemed inconsistent with the requirements of this
ordinance by the Council, or a valid request for a full review has been received by an affected
party as set forth in Section 7, a full review shall be conducted.
Section 7. Request for Full Review by Affected Party.
(1) Any party affected by the proposed municipal annexation may peti~on the Council
and CPA to review the proposed annexation for consistency with the criteria and procedures set
forth herein. Said review shall be conducted pursuant to the following criteria and procedure:
(a) A petition requesting review shall be filed with the Council within ten (10)
calendar days of receipt of the notice provided by the annexing municipality under
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Section 5(2). Upon receipt of said petition, the Council shall notify the annexing
municipality and forward a copy of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the
proposed annexation is inconsistent with the criteria and procedure set forth herein.
(e) Within 1151 days of receipt of a petition requesting review, the Executive
Director of the Council shall detennine the validity of said petition, specifically
whether the petition alleges legitimate grounds upon which the annexation does not
comport with the procedure and criteria set forth herein. If the Executive Director
determines that the petition does not state a valid basis for review under this section,
he or she may dismiss the petition.
(d) Upon receipt of a valid petition for review, as detennined by the Executive
Director pursuant to subsection ( c) above, the Council shall consider the petition at
its next regularly-scheduled meeting and forward a recommendation to the CPA.
The CPA shall, within thirty (30) days of receipt of the Council's recommendation,
render a decision as to whether the application is consistent with the required criteria
and shall notify the annexing municipality of said determination.
(2) The filing of a valid petition for review under this section, or the initiation of a full
review by the Council under Section 6, shall prohibit the annexing municipality from proceeding
with the second reading and adoption of the annexation ordinance until after a decision has been
rendered by the CPA
Section 8. Municipal Annexation Procedure; Appeals
(1) Upon receipt of a petition for voluntary annexation that comports with the criteria
set forth in Section e 1(1)! a municipality may, at any regular meeting, adopt a non-emergency
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ordinance to annex the property that is proposed for annexation and re-define the boundary lines
of the municipality to include said property. Said ordinance shall be passed consistent with the
.
procedures for adoption of ordinances provided in s 166.041, F.S. The notice required by s
166.041, F.S., shall give the ordinance number, if available, and a brief general description of the
area proposed to be annexed. The description shall include a map clearly showing the area and a
statement that the complete legal description and the ordinance can be obtained from the office of
the municipal clerk.
(2) An ordinance adopted under this section shall be filed with the Pinellas County Clerk
of the Circuit Court and Pinellas County Administrator and with the Department of State within
seven (7) days after the adoption of such ordinance. The ordinance must include a map which
clearly shows the annexed area and a complete legal description of that area.
(3) Any party affected by the annexation or the CPA, upon recommendation of the
Council, shall have the right to file a petition in the Circuit Court in and for Pinellas County
seeking review by certiorari. Said petition must be filed within thirty (30) days of adoption of the
annexation ordinance by the annexing municipality. An appeal filed by eithef the Council or CPA
shall be subject to the Florida Governmental Conflict Resolution Act. In any action instituted
pursuant to this section, the prevailing party shall be entitled to reasonable costs and attorney's
fees.
Section 9. Effect of Annexation.
~
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set
forth in this ordinance, shall be subject to all laws, ordinances, and regulations in force in that
municipality, and shall be entitled to the'same privileges and benefits as other parts of that
municipality upon the effective date of the annexation. Any voluntary annexation that does not
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comply with the criteria and procedures set forth in this ordinance shall be null and void, and the
property shall continue to be considered unincorporated for both tax: and regulatory purposes.
Section 10. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interlocal
agreements to provide services as an alternative to annexation. Such agreements are encouraged
where they would provide a cost-effective, mutually-advantageous alternative to annexation, or
where annexation is not achievable under the criteria and procedures set forth herein.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of
ten (10) acres or Jess may be armexed into the appropriate municipal jurisdiction by interJocal
agreement between the County and the appropriate municipality.
Section 11. State Plan Amendment Review Process.
Any area voluntaril annexed into a municipality pursuant to the criteria and procedures
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set forth in this Aet.~, or annexed by referendum pursuant to the criteria and procedures
set forth in Chapter 171, F.S., shall be deemed to comply with and satisfy the requirements of s
163.3171~ F.S. with respect to the exemption from state review of comprehensive plan
amendments as a function of said annexation. SpecificallYt upon adoption of an annexation
ordinance, the annexing municipality may immediately apply the municipality's comprehensive
plan and land ,!se standards to any such area if said comprehensive plan provides for use
characteristics and intensity or density standards which are consistent with the Countywide Future
Land Use Plan for said area, as detennined by the Council, without first submitting a land use plan
amendment to the State Department of Community Affairs. . It is specifically intended that the
provisions of this section shall supersede those existing interloca1 agreements entered into
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between the county and certain municipalities, pursuant to the authority of s 163.3171 (3), which
provide for joint planning areas. However, nothing contained in this ordinance shall affect the
right of the County or its municipalities to utilize the otherwise applicable provisions of s
163.3171, F.S.
Section 12. Article n, Section 2.04, of the Pinellas County Charter, as created by Chapter
.
80-590, Laws ofFJorida, is amended to read:
(t) All powers necessary to designate planning areas delimiting
eligibility for annexation by a municipality. In the event of a conflict between a county ordinance
adopted pursuant to the county's authority to designate areas eligible for annexation as provided
. by this Charter and a municipal ordinance, the county ordinance shall prevail over the municipal
ordinance.
Section 13. Article n, Section 2.07, of the Pinellas County Charter, as created by
Chapter 80-590, Laws of Florida., is amended to read:
Nothing in this Charter shall prevent a municipality from annexing an unincorporated area
into its municipal boundaries in accordance with the provisions of general law, except that 1 all
voluntary annexations shall be in accordance with the exclusive procedures set forth herein
Section 14. Effective Date; Referendum Question.
This ordinance, except for this section which shall take effect only upon becoming law,
shall take effect only upon approval by a majority vote of the electors of Pine lias County voting in
a referendum election which shall be called and held by the County Commission prior to
November 30,2000. The question on the ballot shall be:
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BALLOT TITLE: PROVIDES AN EXCLUSIVE METIiOD FOR VOLUNTARY
Il~r~' ~
MUNICIPAL ANNEXATION AND DESIGNATES . i ~~1fl?Bc'iNIixfi1f* ~~
~ ~ ~""'~---~.....*-.." . ~~.
THOSE AREAS ELIGmLE FOR ANNEXATION.
BALLOT QUESTION: Shall Article ll, Sections 2.04 and 2.07, of the Pinellas County
Charter be amended to provide an exclusive method for voluntary municipal
annexation within Pinellas County, and designate plaru-ung areas whioh delimit tii~
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e.UQ~ 6i{1f6f the geographic areas of the county eligible for annexation to a
municipality, as specifically enumerated by this ordinance?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section 15. Severability.
If any provision of this ordinance, or the application thereof, to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this end,
the provisions of this ordinance are declared severable.
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Final Agenda Item It
30
.5. '-I. cf)
Clearwater City Commission
Agenda Cover Memorandum
Meeting Date:
SUBJECT/RECOMMENDA TION:
Commission Representation on Regional and Miscellaneous Boards - Appoint Commission members to
represent them on the boards listed below:
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The City Commission is requested to appoint representatives to various boards that deal with issues affecting
the City.
Board (DatelTime of MeetinQ)
Proposed Deleoate
Tampa Bay Regional Planning Council (TBRPC)
(2nd Mon. - 10:00 a.m.)
Johnson
Florida League of Cities Board of Directors
(Quarterly - April, August, September and November)
Hart
Suncoast League of Municipalities B.O.O.
(3rd Sat. - 11 :00 a.m.)
Rotate
Performing Arts Center & Theater B.O.D. (PACT)
(3rd Mon. at 5:00 p.m.)
Aungst
Emergency Medical Services Advisory Council (EMS)
(Annually on 3rd Wed. in March)
(EMS Charter requires Mayor to serve as representative)
Aungst
Mayor's Council of Pinellas County
(1st Wed.- 11:30am)
Hart
Chi Chi Rodriguez Youth Foundation Trustees
(annual meeting end of July or beginning of August)
Hooper
Jolley Trolley Transportation of ClealWater, Inc. B.O.D.
(2nd Wed. - every other month - 5:30 p.m.)
Hooper
Continued
Reviewed by:
legal NA
Budget NA
Purchasing NA
Risk Mgmt NA
Originating Df?pt:
City Clerk
User Dept.
Funding Source:
Costs
Info Tech NA
Public Works NA
DCMI ACM
Other NA
Total
Capliallmprov('ml'nl
Current Fiscal Year
Attachments
Operating
Other
Appropriation Code:
Submitted by:
City. Mana er
Printed on recycled paper
o None
Rev. 2/98
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Board (DatelTime of MeetinQ)
Proposed DeleQate
30
Homeless Task Force
(Last Wed. at 8:00 a.m. - Police Headquarters)
Hooper
Tampa Bay Partnership Policy Board
(bi-monthly, 9:00 a.m.)
Clark
Tampa Bay Estuary Policy Board
(Quaterly at 1 :30 p.m.)
Commission member not required
Clark
Pinellas Workforce Development Board to be determined
(1st or 2nd Fri. at 8:30 a.m.)
Note: Rules of the Workforce Development Board call for the Mayor to be the representative. Alternates are
allowed to be appointed by the Mayor, however, the alternate will not be able to make motions or vote.
note: Rita Garvey is the City's representative on the One-Stop Committee of this board
St. Petersburg/Clearwater Area Economic Development Council
9/99 - letter sent to Sallie Parks recommending Hart for when board begins
The following boards have the specific term expiration date noted.
Pinellas Planning Council (PPC)
(3rd Wed. - 9:30 a.m.)
Hart
(term expires 12/31/2000)
Pinellas Suncoast Transit Authority (PST A)
(4th Wed. - 9:00 a.m.)
Clark
(term expires 9/30/2000)
Metropolitan Planning Organization (MPO)
(2nd Wed. - 1 :00 p.m.)
Hooper
(term expires 9/2001)
Pension Advisory Committee (PAC)
(2nd Thurs. - 9:00 a.m.)
Aungst
Johnson
Hart
4/4/2001
4/4/2002
4/4/2002
Long Center Board of Directors (LCBOD)
(4th Tues. - every other month - 7:30 a.m.)
Hooper
(term expires 9/30/2000)
Long Center Board of Trustees (LCBOT)
4th Thurs. - every other month - 4:30 p.m.)
Johnson
(term expires 9/30/2000)
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item It 3 I ~
Meeting Date: 5. Lf. 00
SU 8 J ECT/RECOMM ENDA TION:
Disband the Fi re Task Force.
-D. and that the appropriate officials be authorized to execute same.
SUMMARY:
Tne Fire Task Force has completed its assignment and submitted its report to the City Commission. Until such
time that it is disbanded, Task Force members are still under the provisions of the Sunshi ne Law.
Task Force members will be invited to a future Commission meeting to be recognized for their service.
Reviewed by:
Legal ~
Budget /VI fl-
Purchasing J\i/A-
Risk Mgmt Al toM
Originating Dept.:
Ci t Clerk @;>
User Dept.:
Funding Source:
CI
OP
Other
Costs
/I)J4
# lit-
Info Srvc
Public Works
DCM'ACM
Other
Total
Current FY
Attachments
Submitted by:
City Mallager
Printed on recycled paper
o None
A
,
1
,
3~
RESOLUTION NO. 00-17
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
lOCATED IN GREENWOOD PARK NO.2, BLOCK 0, LOTS
1 AND 2, HAVING A POST OFFICE ADDRESS OF 1201
TANGERINE STREET, AS DESCRIBED MORE
PARTICULARLY HEREIN, IN THE AMOUNT OF $2,457.56
FOR THE COSTS OF DEMOLITION INCURRED IN
REMOVING A DANGEROUS STRUCTURE WITHOUT THE
CONSENT OF OWNER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property
described herein and the building situated thereon were unsafe, unsanitary, unfit for
human habitation, and dangerous and detrimental to the health, safety, and general
welfare of the community, and did not properly comply with the requirements of said
Code, and found that an emergency existed which, in his opinion, involved danger to
human life and health, and ordered the demolition of the building; and
WHEREAS, the City of Clearwater has caused the demolition of the building, and
the cost of such work should now be assessed as a lien on behalf of the City of
Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe
building situated on the following described property:
Greenwood Park No.2, Block D, Lots 1 and 2
(Parcel Number 10-29-15-33552-004-0010)
Owner of record:
Lea Blocker Estate
c/o Fred Wilder
P. O. Box 1808 C
Clearwater, Florida 33757
and the City of Clearwater having now completed said work, the City Commission does
hereby assess and charge a lien on behalf of the City of Clearwater against the property
for the necessary costs incurred as follows:
TOTAL DEMOLITION COSTS $2,457.56
(See Attachment "A")
Resolution No. 00-17
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Section 2. As soon as practicable, a Certificate of Indebtedness against the
property for the amount of assessment shall be prepared, which certificate shall constitute
a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall
be payable to the City with interest at a rate often percent (100/0) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the
amount of the assessment against said property, and to record the same in the Public
Records of Pine lias County, Florida.
.'
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
2000.
Attest:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
~-?
John Carassas
Assistant City Attorney
.I
2 Resolution No. 00.17
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ATIACHMENT "A"
Resolution - 00 -1 7
(1201 Tangerine St. - Clearwater, Florida)
TASK
TIME
NALOL - (Pinellas County Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
15
EXPENSES
AMOUNT
Fifteen Hours (15) hours@ $25.00 per hour
Film, developing, and prints
Certified Mail and regular postage
Title Search - Sexton Title Services, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal - Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Demolition (Howard Jimmy Demolition Contractor)
$375.00
29.08
3.48
50.00
N/A
N/A
N/A
2000.00
LIEN AMOUNT
$2,457 .56
$2,457 .56
TOTAL EXPENSES
Resolution No. 00 - 17
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RESOLUTION NO. 00-18
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN PINECREST SUBDIVISION, LOT 5, BLOCK 5,
HAVING A POST OFFICE ADDRESS OF 802
PENNSYLVANIA AVENUE, AS DESCRIBED MORE
PARTICULARLY HEREIN, IN THE AMOUNT OF $2,552.58,
FOR THE COSTS OF DEMOLITION INCURRED IN
REMOVING A DANGEROUS STRUCTURE WITHOUT THE
CONSENT OF OWNER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property
described herein and the building situated thereon were unsafe, unsanitary, unfit for
human habitation, and dangerous and detrimental to the health, safety, and general
welfare of the community, and did not properly comply with the requirements of said
Code, and found that an emergency existed which, in his opinion, involved danger to
human life and health, and ordered the demolition of the building; and
WHEREAS, the City of Clearwater has caused the demolition of the building, and
the cost of such work should now be assessed as a lien on behalf of the City of
Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe
building situated on the following described property:
Pinecrest Subdivision, Lot 5, Block 5
(Parcel Number 10-29-15-69138-005-0050)
Owner of record:
Edward Willie Lewis
802 Pennsylvania Avenue
Clearwater, Florida 33755
and the City of Clearwater having now completed said work, the City Commission does
hereby assess and charge a lien on behalf of the City of Clearwater against the property
for the necessary costs incurred as follows:
TOTAL DEMOLITION COSTS $2,552.58
(See Attachment "A")
Resolution No. 00-18
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Section 2. As soon as practicable, a Certificate of Indebtedness against the
property for the amount of assessment shall be prepared, which certificate shall constitute
a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall
be payable to the City with interest at a rate of ten percent (100/0) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of lien in the
amount of the assessment against said property, and to record the same in the Public
Records of Pinellas County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
2000.
Attest:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~~
ohn Carassas
Assistant City Attorney
-
Cynthia E. Goudeau
City Clerk
2 Resolution No. 00-18
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ATrACRMENT"A"
Resolution - 00-18
~. >
(802 Pennsylvania Ave. - Clearwater, Florida)
TASK
TIME
NALOL - (Pinellas County Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
14
fourteen (14) hours @ $25.00 per hour
Film, developing, and prints
Certified Mail and regular postage
Title Search - Sexton Title Services, Inc.
Asbestos Survey - Occupational Health ConseJVation, Inc.
Asbestos Removal - Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Demolition (Howard Jimmy Demolition Contractor)
AMOUNT
$350.00
49.76
2.82
50.00
N/A
N/A
N/A
2,100.00
EXPENSES
TOTAL EXPENSES
$2,552.58
$2,552.58
LIEN AMOUNT
Resolution No. 00 _18
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Preliminary Agenda
(W orksession)
?;)4
PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Monday, May 1, 2000
Employee of the Month Award - April 2000 - Terry Avery -General Support Services/Fleet Maintenance
Team of the Quarter Award - January - March 2000 - Special Events Team - Terry Schmidt, Margo
Walbolt, Tom Walbolt, Pete McCaffery, Larry Labus, Bob Barry, Julie Gomez, Jeff Voss, Dennis Allen,
Charles Sheldon, Lyle Adams, Fred Grunden, & John Beebe
Volunteer Service Award - Lynda Neal
Volunteer Service Award - Cindy Geary
PUR PURCHASING
1. Skypainter Fireworks International, 1 st of 2 renewal options, fireworks presentations, 5/5/00-
4/30/01, est. $50,000 (PR)
2. Ross Systems Inc., financial system software license & maintenance, 6/30/00-6/29-01, est.
$85,000 (IT)
3. Xerox Corporation, 4 digital copy machines, addition to 5 current lease machines, extending
period from 10/31/04 through 5/31/05, increasing contract awarded 10/7/99 by $101,000 for
est. total $216,000 (IT)
FD FIRE
1. Trustees of Clearwater Firefighters' Supplemental Trust Fund - reappoint Myron Ahrens & Rick G.
Stucker (Consent)
FN FINANCE
1. Bond Counsel Agreement with Bryant, Miller and Olive, P.A., serve as City's bond counsel, three
year period (Consent)
2. Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., serve as City's disclosure
counsel, three year period (Consent)
PR PARKS AND RECREATION
1. Accept 3 grants & approve corresponding agreements with Juvenile Welfare Board, totaling
$72,955 for 100% funding of 3 new summer camp programs (Surf and Safari, Kings Highway, &
Teens on the Run)(Consent)
2. No Item.
3. Approve use of $500,000 of Pennies" funding for expansion of Countryside Recreation Center
by approx 4250 sq.ft.; adopt new user fee proposal known as "play passes"
PW PUBLIC \II/ORKS
1. First Amendment to Interlocal Agreement with Pinellas County & other adjacent municipalities,
joint control of pollutants associated with stormwater discharges to and from Clearwater, in
accordance with NPDES permit (Consent)
5/1/00
1
2. Contract for 1999 North Clearwater Beach Drainage Improvements to Southwest Contracting,
Inc., for $50,128.10; approve purchase of Tideflex Valves from Red Valve Company, Inc., for
$67,465, for total $117,593.10 (Consent)
3. Cooperative Funding Agreement with SWFWMD, Stevenson Creek Watershed Management Plan,
total cost not to exceed $600,000 with District funding a maximum of $220,000
4. Approve Final Plat for Mandalay Beach Club Subdivision, 10 Papaya Street & 9 San Marco
Street, lying 750' north of Causeway Blvd. & 1 block west of Mandalay Ave. (Consent)
5. Presentation - Traffic Signal System
PlD PLANNING & DEVELOPMENT SERVICES
1. PPC Voluntary Annexation Process
ClK CITY CLERK
1. Appointment of commission members to Regional and Miscellaneous Boards
2. Brownfields Advisory Board - 3 appointments
CA lEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6510-00 - Annexation, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John &
Margaret Payne, AOO-03)
2. Ord. #6511-00 - Land Use Plan Amendment to Residential Low, 1620 Stevenson's Dr.,
Stevenson's Heights, Blk A, Lot 13 (John & Margaret Payne, AOO-03)
3. Ord. #6512-00 - LMDR Zoning, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John
& Margaret Payne, AOO-03)
4. Ord. #6513-00 - Annexation (& redefining boundary lines of City to include said addition), 2600
Block Belleair Road extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited
Partnership, AOO-04)
5. Ord. #6514-00 - Land Use Plan Amendment to Commercial General, 2600 Block Belleair Road
extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited Partnership, AOO-04)
6. Ord. #6515-00 - Commercial Zoning, 2600 Block Belleair Road extension, Sec. 20-29-16, M&B
33.07 (Grand Bellagio at Baywatch limited Partnership, AOO-04)
7. Ord. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including
amendments to .future land use, transportation/traffic circulation, housing, utilities, coastal zone
management, conservation, recreation and open space, intergovernmental coordination, and
capital improvements elements; making substantive changes as recommended in the Evaluation
and Appraisal Report (EARl
8. Ord. #6527-00 - Annexation (& redefining boundary lines of City to include said addition), 1400
Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., AOO-05)
9. Ord. #6528-00 - land Use Plan Amendment to Residential Low, 1400 Block of N. Belcher Rd.,
Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., AOO-05)
10. Ord. #6529-00 - lDR Zoning, 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02
(Sarandaporou Partners, Inc., AOO-05)
11. Ord. #6534-00 - Amending Art. XIX of Appendix A, Code of Ordinances, relating to Schedule of
Fees, Rates and Charges for Streets, Sidewalks, Other Public Places; fee increase from $7.50 per
day to $10 per day for daily use of revenue generating parking spaces
5/1/00
2
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Resolutions
1. Res. #00-17 - Demolition Lien - 1201 Tangerine St., Greenwood Park No.2 Sub., Blk 0, Lots 1 &
2 (Lea Blocker Estate c/o Fred Wilder)
2. Res. #00-18 - Demolition Lien - 802 Pennsylvania Ave., Pinecrest Sub., Blk 5, Lot 5 (Edward
Willie Lewis)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
.,.
Commission Discussion Items
1. Commission salary adjustments
2. Commission Policy Format
Other Commission Action
Adjourn
5/1/00
3
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SUBJECT/RECOMMENDATION: Approve the use of $500,000 of Pennies II funding for the expansion of the
Countryside Recreation Center by approximately 4250 square feet and adopt a new user fee proposal known
as "play passes"
CleaIWater City Commission
Agenda Cover Memorandum
Worksession Item #:
C:;.
Meeting Date: <-/
Final Agenda Item #
l&J and that the appropriate officials be authorized to execute same.
SUMMARY:
. Included in the 1999/00 Annual Operating Budget is a capital appropriation of $500,000 of Pennies II funding for
Countryside Infrastructure Improvements (93233).
o Through community meetings and a telephone survey of Countryside residents the following priority projects were identified
as possible uses of the $500,000 Pennies 1\ funding:
);> Expansion of the Countryside Recreation Center
);> Expansion of the children's section at the Countryside Library
);> Landscaping of the main artery medians in the Countryside area
);> Bike path from Curlew Road to Lal<e Chautauqua Parl< via Landmark Drive
. The $500,000 allocation was not sufficient to address all of the above projects.
. Preliminary expansion plans include 3,400 square feet of multi purpose space, additional male and female restrooms,
storage, mechanical and enlargement of fitness center. This will allow for expanded fitness opportunities, increased
gymnasium activities, expanded city and contract led programs. Also, projected annual revenue will increase by 90%
($83,290 to $158,620), which increases cost recovery from 32% to 54%. Construction can be completed by May 2001.
. Attached is a staff report that recommends utilizing the funding to complete the expansion of the recreation center. The
report also details how staff proposes to address the other recommended projects as follows:
);> Expansion of children's section at the Countryside Library - Current estimate to do this project is $2 million and is
included in the Library budget as an unfunded program.
); Landscaping of the main artery medians in the Countryside area - FOOT Highway Beautification grants can be applied
for to provide landscaping on SR 580. The annual submittal period is February of each year and the City's "match"
could be in-kind services. P&R staff is working with engineering staff to develop a priority list of when these medians
can be done.
}> Bike path from Curlew Road to Lake Chautauqua Park via Landmark Drive - Funds for this project can come from
budgeted Pennies II funding for Bikeways scheduled in FY 2008/09.
. Part of the increased revenue for this facility is to come from a new user fee proposal known as "play passes". Staff is
recommending that the new "play passes" be used at this facility as well as other similar facilities. This fee proposal is very
flexible and based on various options which include yearly, monthly and daily passes which will allow the participant the
opportunity to utilize the recreation facilities. (see attachment for details)
. Currently users of the facility are paying $1.00 per person per use for the gymnasium and fitness room. Total revenue
generated from these user fees is approximately $16,500 per year. The new proposal will more that double this amount to
$33,760 or approximately $2.00 per person per use. The more a person utilizes the facility the less the cost per visit.
Submitted by:
City Manager
V Printed on recycled paper
Info Srvc N/A
Public Works N/A
DCM/ACM
QOL j-wIf
Originating Dept:
Parks & Recreation Department
User Dept.
Parks & Recreation epartment
Attachments: Staff Report
Costs
Total 500,000
Reviewed by:
legal N/A
Budget .&
library ~
Engin. ~
../
Current FY
Funding Source:
CIP X
OP
Other
o None
A ro riation Code: 315-93233
Rev. 2/98
PROPOSED EXPANSION FOR THE
COUNTRYSIDE COMMUNITY RECREATION CENTER
The Countryside Community Recreation Center construction commenced in 1995, and
opened to the public on August 25) 1996. This multi-purpose recreation facility (17,510
sq. ft.) features a multi-purpose assembly spacelbasketball court with dividing curtain,
meeting room, craft room, game room, fitness room, offices, lobby, storage and support
facilities with parking for over 300 cars. Activities and services include; fitness, drop in
gym time, leagues, dance, bridge, crafts, various youth and adult programs, and a summer
day camp progranl for elementary aged children.
In addition, this facility provides space for community meetings, rentals and events. The
basic operational hours are (~10nday through Thursday, 9 a.m. to 9:45 p.m., Friday, 9
a.m. to 8:45 p.m. and Saturday, 9 a.m. to 4:45 p.m.).
The recreation center has an annual operating budget of $259,620 and generates
approximately $83,290 in annual revenue. Current year round staffing level for the center
is 7.0 FTE's, and includes a recreation supervisor, recreation programmer, recreation
leader, custodian, three part-time recreation leaders and five (5) seasonal recreation
leaders. Annual visits to the center exceed 71,000.
While this center has been heavily used and accepted by the public, the initial business
plan indicated a need for a much larger facility. However, due to limited funds, the
project was reduced to the existing building size. This has proved to be too small to
accommodate the many recreation programming needs of the community.
This became apparent when many residents of the Countryside community attended
several public meetings in 1998 and 1999, to discuss the needs of the Countryside area.
These concerns were validated by Bordner Research, Inc. in a telephone survey
commissioned by the City in February, 1999. While many items were mentioned as
being important, staff was directed to address six items of concenl brought forward by a
coalition of citizens from the Countryside area. They include the following:
1. Expand the existing recreation center
2. Extend hours of the recreation center
3. Construct a Bike path from Curlew to Lake Chautauqua Park via Landmark Drive
4. Improve landscaping in the medians in the Countryside area (SR 580)
5. Expand children's section of the Library
6. Add Sunday hours for the Library.
Attached is a report dated June 19, 1998, wherein the Parks and Recreation Department
responded to these concenlS (Attachment 1). Five hundred thousand ($500,000) in
Penny II funds were set aside in the Parks and Recreation budget for Countryside
Infrastructure improvements. Following is a brief status report on all of the items of
interest and how staff proposes to address each item.
1. Expand the existing recreation center. - Recommend using the existing $500,000 to
expand the center by approximately 4,250 sq. ft. Revenues generated from the
expansion will cover all increased annual operating costs as well as start up costs.
(detailed recommendations follow this status report)
2. Extend hours of the recreation center. Several pilot programs were conducted
regarding the expansion of hours at the recreation center; they were not successful.
Once the center has been expanded, we can again look at the possibi lity of extending
the hours of operation in the evenings and on Sundays. These will be based on a "pay
as you go" philosophy.
3. Construct a Bike path from Curlew to Lake Chautauqua Park via Landmark Drive.
This bike path can be constructed from Pennies II funds which are allocated for
bicycle paths in FY 2008/09.
4. Landscape medians in the Countlyside area. A Florida Department of Transportation
(FDOT) Highway Beautification Grant can be applied for to provide landscaping on
State Road 580. The annual submittal period for this grcmt is during February of each
fiscal year, and the City's match could be in-kind services. Parks and Recreation staff
is working with engineering staff to develop a priority schedule for this proj ecl. If a
grant is approved and as part of the grant the City will have to assume the cost for the
annual maintenance.
5. Expand Countryside Library. The Library has detennined that $500,000 will simply
not accomplish what is needed for the Countryside Library; at least $2,000,000 is
needed. Rather than building something that is far less than desirable and not
practical. Staff recommends we delay this addition until more funds can be
identified. This item is listed as an unfunded program for FY 2004/05. If approved
15,000 sq. ft. would be added to provide a children's department and expanded
reference services and collections.
6. Add Sunday hours for Countryside Library. The Library is preparing a budget
proposal to increase stuff in order to open the library for Sunday hours.
RECOMMENDATION TO USE $500,000 TO EXPAND RECREATION
COMMUNITY CENTER
The Countryside Community Center was designed to accommodate future expansion.
Bitterli & Associates Architects, Inc. designed the building in such a manner so that room
additions could be added to the north and west sides of the building, without losing the
integrity or look of the facility. The additions were planned for, and thus can be added in
a most economical and functional way.
In December 1999, staff contacted Mr. Bob Bi tterli to prepare a design and construction
budget for an addition to the north side of the building of approximately 4,250 sq. ft.
Mr. Bitterli worked with staff to provide a preliminary design that would include two
multi-purpose rooms totaling 3,400 square feet, additional male and female restroom
facilities, small storage room, mechanical room and separate entrance to the
2
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addition.(Attachment #2) The total adjusted estimated construction cost is $500,000.
(See Attachmen t #3 - Estimate of Probable Construction Cost for details) This equates
to approximately $118 per sq. ft., or $34 per sq. ft. greater than the original square foot
cost, for the original building.
Countryside Classroom Expansion
The additional 3,400 square feet of classroom space will allow the Countryside
Recreation Center to offer a variety of family activities simultaneously. The typical
family may have Suzie taking a baton class, Mom working out in the fitness room,
Johnny playing basketball in the gym and Dad enjoying a game of pool on the pool table
which by the way Mom won't allow in the garage. Also, rather than having to wait
through endless exciting Little League practice hours with nothing to do, Mom or Dad
can take advantage of the Center's many expanded offerings.
. Expand the Fitness Center - Cun'ently, the fitness center occupies 680 sq. ft., and is
very small conlpared to normal standards. The expansion will allow the current
classroom, located next to the fitness center, to be renovated into an extension of the
current fitness center, making it a total of 1,598 sq. ft. This expansion will allow the
staff to purcl1ase additional fitness equipment such as treadmills and stacked weights,
which are in demand by the facility users. The additional space and equipment will
make the Countryside Fitness Center more attractive to local fitness enthusiasts. By
expanding the fitness center, higher fees can be charged for fitness center usage.
. Utilize the Gymnasium More Effectively - Currently, activities that are too large
for the existing classroonl space are scheduled in the gymnasium. This includes
classes such as Bridge and Jazzercise, large rentals, large meetings, camp groups,
"Tea Dances", etc. By adding more classroom space, these activities can be moved
out of the gymnasium and into a more appropriate space. This will also allow staff to
program more gymnasium type activities i.e., like sports leagues (Senior Volleyball),
open basketball, and preschool sports skills programs. Additional free play time will
now be available to all residents.
. Rental Space - The additional space will allow staff to schedule more rentals such as
wedding receptions, large lneetings, family gatherings, etc. Currently such activities
are not scheduled due to space restrictions, which is a loss of possible revenue. The
larger rental area will also enable the City to charge an increased fee for rental.
Approximately 33 smaller rentals cUlTently book the center per year.
. City Programs - The additional space will also allow the staff to increase the amount
of City run programs i.e., sports leagues, children's camps, "First Friday's", home
school groups, and special events. Additional classroom space will allow staff to
introduce new programs such as after school care, youth athletic instructional camps,
and preschool mom & tot programs. The expanding program efforts will allow for
more family participation and stimulate all ages into new activities.
3
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. Contracted Programs - The additional space will allow the current contracted
instructor-led programs to grow, by expanding their CUlTent space and reducing the
number of class cancellations. New classes Le., Yoga, Adult Dance, and Gymnastics
can be developed and offered to the community, utilizing the classroom space.
Classes can be continued throughout the summer months without fear of cancellation
due to summer camp.
Based on the potential for additional revenue, following is a chart detailing the estimated
revenue that can be generated by the addition of the 4,250 square feet.
Progranv' Activity
User Fees (Net)
After School Camp
Summer Youth Camp
SpringlWinter Break Camps
Preschoo 1 Programs
Room/Gym Rentals (Net)
Sport league surplus
City portion of contract instructors
Total
Current
Revenue
$16,500
not offered
$41,250
$ 4,080
not offered
$ 5,280
not offered
$16.180
$83.290
Additional
Revenue
$17,260
$16,000
$13,750
$ 4,420
$ 3,600
$ 4,800
$ 500
$15,000
$75.330
Total
Revenue
$33,760
$16,000
$55,000
$ 8,500
$ 3,600
$10,080
$ 500
$31.180
$158,620
The Countryside Recreation Center's annual operating budget is $259,620, with
estimated revenue of $83,290. No new personnel are being requested for the room
expansion, however, additional staff (1.2 FTE' s) will be required in order to conduct
some of the revenue-generating programs i.e., summer day camps and youth camps. The
annual operating budget will increase by $38,580: $21,650 for new staff as well as
$16,930 for operating. In addition to these increases, there will be one time start up costs
of approximately $50,730 for new fitness equipment, tables, chairs, and other amenities.
All new operating costs ($38,580) and some start up costs ($36,750) will be offset by the
projected annual increase in revenue. ($75,330) The remainder of the start up costs
($13,980) can be funded the following year from the increased revenue.
In Attachment 4 find a detailed expense/revenue report as well as additional one time
start up costs. It should be noted that staff is projecting an increase of over 100% in user
fees from $16,500 to $33,760. This increase is based on a new user fee proposal. This is
a fee structure which will also be recommended for the operation of the SP JC Fieldhouse.
This fee proposal is based on various options which include yearly, monthly and daily
passes. (Attacbment 5)
It is easy to see why the Parks and Recreation staff highly recommends the expenditure of
the $500,000 from Pennies II money, for the expansion of the Countryside Recreation
Center. This expansion will not only benefit all of the residents in the Countryside area,
but it will be done in a manner so that City taxpayers will not be required to pay
additional funds to subsidize the operation of the expansion and improvements. The
proposed increased revenue will allow the centcr to covcr approximately fifty four
percent (54%) of the annual operating budget, once the startup costs are paid for. This is
4
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an increase of 22% over the current level of 32%. The goal in future years will be to
continue to close the gap between expenditures and revenues and it is not unrealistic to
see a 5% increase each year after 2002/03.
S:\Lauta\Projccts\Art\Countryside Rc:c Proposed Expansion White Paper.doc
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COUNTRYSIDE IMPROVEMENl ~
REPORT: JUNE 19, 1998
A coalition of citizens from Countryside prioritized their needs and staff provided projected
costs.
1. Expansion of existing recreation center:
Scope: Expand the Recreation Center by approximately 5,820 sq. ft. which would include a 3,600 sq.
ft. social activities room. 1,050 sq. ft. dance activity room, 450 sq. ft. men's and women's restrooms,
180 sq. ft. storage closet and 540 sq. ft. hallway.
Time frame: Iffunding were available, it would take 24 to 30 months for planning, design. permitting,
bidding and construction.
Impact: Additional building will require additional parking and storm water retention ponds.
Depending on their size, it may be difficult to place on the site without removing additional forested
areas and possibly encroaching closer to Misty Springs Condominiums to the south. Building
expansion would increase attendance, programming and revenue. Additional operating costs would
be offset by additional revenue.
Projected construction cost:
Projected oquipment and furnishings:
Estimated annual operating cost:
Additional personnel: Custodial (.5 FTE)
Estimated additional revenue:
I
$800,000 f-- -;:- c;q,..z.c
$25,000
$17,000
;:. } ~1 . t-s; / s~F1
$25,000 per year
2. Extended hours of recreation center:
Scope: April 1. 1998 to June 7. 1998, the Recreation Center will extend hours from 9 p.m. to 12
midnight Monday through Thursday, and 5 p.m. to 12 midnight Sundays. Depending upon the
success of this program, a permanent program could be introduced. Additional hours may attract new
users. additional revenue. and ease some of the current programming conflicts as well as satisfy a
community request for additional hours. "
Tlmo frame: Pilot program began April 1, 1998. Can begin full-time operation October 1, 1998 if
additional funding is approved in budget request.
Impact: Some local residents may object to the center being open until 12 midnight year round. Also,
if this program was implemented and successful, more than likely other communities would request
the same level of service.
Projected cost:
Additional personnel: PT Recreation Leader (.7 FTE)
Estimated additional revenue:
$22,000
$8,400
t
3. Bike path from Curlew to Lake Chautaqua Park via Landmark Drive: I
Scope: Provide a recreational path approximately 3.5 miles in length beginning on the east side of
Landmark Drive at Curlew Road and extending southward to Enterprise Road. The trail would then
cross to the west side of Landmark Drive and continue southward on the west side of Landmark Drive
to the Lake Chautauqua Park entrance. This path would be approximately 6 feet in width and could
be constructed of either asphalt or concrete.
Time frame: 24 months for design. bidding, and construction.
Impact: This project would provide residents with a safe recreational path that could be used for foot
traffic, bicyclists and in-line skaters, and would connect all Countryside and Northwood neighborhoods
and would provide for improved access to Curlew Creek Elementary School, Lila Davis Elementary
School, Countryside High School, Forest Run Park, Lake Chautauqua Park, and other sites off of
Landmark Drive. This trail could be extended further south by approximately 2.8 miles. If extended,
this trail could connect a multitude of neighborhoods with additional parks and school sites.
Projected construction cost: $235,000 curbed asphalt or $350,000 concrete
Projected operating costs: $15,000 per year
Additional personnel: PT Groundskeeper (.5 FTE)
Page 1.
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.. ~OUNTRYSIDE IMPROVEMENT...,
REPORT: JUNE 19) 1998
4. a) Initial Projected Landscaping Cost of medians along all main roadways:
$202,000*
*Could be reduced by $50 to $75,000 depending on grants
Time frame: Could be completed in 18 to 24 months.
b) Maintenance of landscaped medians along an main roadways: (5.4 acres or 2.4 miles)
Personnel Costs:
(1 groundskeeper & 1 irrigation service
worker)
Equipment and Supplies
Water usage
Utility charges
Dump fees
Landscape replacements
Irrigation replacements
48,160
Total
46,470
31,780
2,380
1,570
9,630
9.310
$1499300
5. Expansion of children's section of library:
Options: - put children's department in the meeting room but the community would
have to give up use of meeting room.
- a small 5,000 square foot addition can pe added for approximately $500,000
- wait and expand onto the Fire Station property when available
6. Sunday hours for library:
The Library proposes hiring one Librarian 1 for 11.5 hours per week; two Library
Assistants each for 11.5 hours per week; and four additional hours per week for an existing.
Library Page. The Librarian and Library Assistants would each work one day (7.5 hours)
during the week to keep up with procedures and four hours on Sundays from 1:00 p.m.
until 5:00 p.m. Projected Costs:
.3 FTE Librarian 1
.6 FTE Library Assistants
.1 FTE Library Page
Total Increase:
8,260
11,280
1,550
$219090
(Salary + Social Security)
(Salary + Social Security)
(Salary + Social Security)
Page 2.
Feb 03 00 09:298
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Page 1 of 2
ESTIMATE OF PROBABLE CONSTRUCTION COST
ADDITION TO COUNTRYSIDE COMMUNITY RECREATla~JAL CENTER
CLEARWATER, FLORIDA
Divisio n 1
Contractor O+p I insurance, mark-up, bond,
equipment rental, superintendant, testing,
temporary utilities, hauling/clean-up,
mobilization, general conditions:
$ 96,642
Division 2
Selected Demolition
Excavation
Soil Treatment
Site Utilities
2,195
6,250
1,850
2.900
Division 3
Concrete Walks
Slab on Grade
Foundations
Lintels, Beams, Etc.
Formwork
5,300
21 .200
1,500
1,000
3,600
Division 4
eMU
11.205
Division 5
Lightgage Metal Framing
Steel Joists & Beams
Miscellaneous Metals
8,900
30.250
2.000
Division 6
Millwork
Rough Carpentry
1,800
700
Division 7
ivietai Roofing
Insulation
Roof Accessories
Seaiants
57,017
4,800
2,300
750
Division 8
HM Frames
Doors
Hardware
Special Doors
4,500
3,900
4,500
11,304
Jan 28 00 01:12p
Harper Pareners,Inc.Tampa (813)281-4945
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Windows
2,555
8,000
Division 9
GWB
Stucco
Paint
VCT
ACT
2,805
3,935
9,800
6,375
9,562
Division 10
Signage
Toilet Accessories
400
1,100
Divis ion 15
Plumbing & Fixtures
HVAC
3,250
412,000
Division 16
Service & Distribution
Powei
Lighting
Communications
Fire Alarm
Estimated Building Constructior. Cost Total:
Contingency @ 10%:
1.700
4,250
13,750
1,000
~,800
$398,645
$ 39,865
Total:
$438,730
Estimated NE Fees:
$ 43,800
Total Estimated Project Cost: $ 482,530
(Permits and fees are not included in the estimate of Project Costs.)
L...o.r\Cls~ IperW\i+~ ,-Ce.e.s ~ 17,470
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Estimated Equipment Costs - Countryside Expansion
One Time Start Up Cost
Fitness Cardia Equipment
2 Treadmills @ $5,000 $ 10.000
3 Additional Pieces ie.; Elliptical Trainer,
Stairmachines, Bikes @ $2,500 $ 7.500
$ 17,500
Free Weights
3 300lb Sets w/14 plates and bar @$250ea $ 750
2 Flat Bench Presses @ $1,000 $ 2,000
1 Flat Benches @ $350 $ 350
Adjustable Incline Bench $ 1 ,000
Military Press $ 750
Plate Trees 3 @ $300 $ 900
$ 5,750
Stack Weights
Pectoral Butterfly $ 2,500
Seated Row $ 2,500
Smith Machine $ 2,000
Squat Rack $ 1,500
$ 8,500
Multi Gym 8 Weight Stack Unit $ 7,500
Additional Equipment Handles, V-Bar, Triangle, Tricep Rope $ 200
Fitness Flooring 800 sq ft x $2.50 $ 2,000
Total New Fitness Equipment $ 41 ,450
Other Tables 20 Mity-Lite tables @ $164 ea $ 3,280
Chairs 100 Stack Chrome Frame @ $30 ea $ 3,000
Table Cart $ 400
Chair Cart $ 400
Portable PA system $ 1,200
Televisions with VCR 2 @ $500 $ 1,000
Total Tables, Chairs, Carts $ 9,280
Grand Total $ 50,730
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~ Clearwater
To:
Honorable Mayor and Commission
From:
Richard J. Baier, P.E., Public Works Administrator
Thru:
Michael Roberto,. City Manager
cc:
Gary Johnson, Transportation and Drainage Direct
Paul Bertels, Traffic Operations Manager
Glenn Weaver, Signal System Engineer
Date:
November 16, 1999
RE:
Audit Reports on Signal System
Recently, the Internal Auditor, Robin Gomez and the Director of Strategies for Success, Gary
Brumback audited a report from the Traffic Operations Manager regarding the issue of keeping
the computerized signal system or turning it over to Pinellas County. Both audits supported
the recommendation of the Traffic Operations Manager that it was important to keep this
operation under city control. Attached are the recommendations of Mr. Gomez and Mr.
Brumback as well as the original report from Mr. Bertels. Some highlights of the report are as
follows:
. There have been inquiries from neighboring cities expressing an interest in contracting
with Clearwater for maintenance and operation of their signals. This could develop
into a significant revenue source. However, this is only possible if there is a
commitment to provide the staff and resources to accomplish the mission.
· Clearwater has many IIspecial events" that require special timing that only city staff has
the insight to provide. City staff has many years of experience dealing with the traffic
patterns that are necessary (or orderly traffic flow before and after each of the special
events that are held downtown and on the beach. An outside agency whether public or
private would not have the experience or the investment in community pride to do the
operation the right way.
. A signal system owned and operated by city staff will provide better cost containment
and service levels than a system owned and operated by an outsider, whether public or
private. City staff is answerable to the residents of Clearwater and is therefore more
responsive to the needs of Clearwater's citizens than an outside agency would be.
Now is not the time to relinquish control of a traffic signal system that has served the
citizens of Clearwater well for the last twenty years. The loss of this system would result in
unacceptable service levels to the citizens of Clearwater and the inability to control the
future costs of traffic control. It is interesting to note that Clearwater is the actual home of
the first federally approved MTCS (Modern Traffic Control System) in the nation.
'. ,"
t' .
CITY OF CLEAR\VATER - CITY AUDITOR'S OFFICE
PUBLIC \VORKS DEPARTl\1ENT - TRAFFIC OPERA TONS
TRAFFIC SIGNALS PROGRAM LIl\'IITED ASSESSMENT
September 15, 1999
INTRODUCTION:
Upon request, the City Auditor~s Office conducted a limited assc:ssment of the City's traffic signals program for the
periods of October I. 1998, through August 27. 1999, and for the fiscal year 2000 budget. The purpose of this
review was to: 1) Detennine the possibility of transferring the City.5 traffic signals operations to Pinellas County,
thereby reducing budgeted expenditures, and; 2) Evaluate the efficiency aIld effectiveness of daily traffic signal
operations.
DEPARTMENTAL BACKGROUND:
The Public Works Administration Department comprises four divisions: Administration. Engineering. Transportation
and Drainage. and Public Utilities. The Transportation and Drainage division further subdjvides into six divisions:
urban forestry. streets and side\\lalks, stonnwater utility, construction, parking systems, and traffic operations. The
traffic signals program is one of many programs within the City's Traffic Operations area. Other programs include
right-of-way signing, pavement markings. traffic counts, review of accident and citizen reports. street lighting. and
maintenance of Traffic for special events.
Responsibilities of the traffic signals program include:
1. maintenance of 145 signalized intersections (including signals, poles. mast arms, computer box),
2. maintenance of 26 flashing beacons and 21 school signs,
3. preventative maintenance on traffic signal equipment.
4. fabrication and installation of traffic signals including 3ctual repair and replacement.
5. review of signal timing plans to ensure maximum travel safety and efficiency,
6. customization of signal timing plans to acconlft1odate travel during construction projects and special events.
7. conduct shop tests and repairs of electronic (signal) equ i pment.
8. recommend the purchase of signal parts and equipment based on inventory levels and needs,
9. Installation and maintenance of other electronic signal equ ipment as needed, and
10. Installation of signal mast anns and related equ ipment.
. .
The varied tasks and responsibilities in the City's traffic signals program require skilled electronics and traffic signal
work necessary to maintain safe and effective travel on City streets and roadways. To maintain the current level of
service. the fiscal year 2000 budget includes 7.5 full time equivalent employees (7 electronics technicians and one
- . supervisor's halftime) with expenditures reported in We preliminary budget totaling S701~910.00.. . _-=_" -"'.;'. ' .-', - - ..
SCOPE:
1. Conducted traffic signal program research on operations, budget, disbursements, and staffing.
2. Reviewed and verified traffic signal operations infonnation produced by Traffic Operations management in a
memorandum dated June 22. 1999.
3. Obtained and reviewed the standard agreement for maintenance of traffic signals between Pinellas County traffic
engineering and the cities of largo and Pincllas Park.
I
4. Obtained and reviewed th<: county's billing st~Ic.:ll1cnts for the: cities of Largo and Pincllas Park for the first
quarter of calendar y~r 1999 to document and verify labor and equipment costs and the type of maintenance
performed.
5. Conducted internet research to identify cities with comparable traffic signal operations to obtain municipal
perspectives on transf~rring traffic signal ope"'tiol1s to county or state government. Cities reviewed included
Hampton, Virginia, Glendale. Arizona, Columbia.. South C:uolin:1. Orlando and Da>10na Beach, florida.
6. Reviewed an audit of the Engineering Department completed by the City's Int~mal Audit Department dated
August 21, 1996, and subsequent follow-up review of recommendations dated October 21, 1997.
7. Reviewed general ledger disbursement reports for fiscal year 1998 and fiscal year 1999 (through August 23,
1999).
8. Verified traffic signals program budgeted expenditures for personnel and equipment costs for fiscal year 2000.
9. Conducted traffic shop and field visits to observe traffic signal operations.
10. Reviewed the duties and responsibilities pcrfomled by traffic signals personnel, and the processes involved in
perfonning those duties and responsibilities. to dctemline if they are being perfonned in an efficient and effective
manner.
ISSUES & RECOl'iIMENDATION:
1. ISSUE: A review of quarterly billing statements for traffic signal maintenance work perfonned by Pinellas
County in the cities of Largo and Pinellas Park (for the first caJendar year 1999 quarter) dctennined a standard
(traffic signal) labor cost of $29.99 per hour and $40.59 per o\cltime hour. The same costs would apply in a
similar agreement in Clearwater. However, based on Ccarwater's traffic signals program budget for fiscal year
2000. the City's standard labor cost (including benefits) \\ill be an average of $19.22 per hour and $28.51 for
technicians and $33.38 for the su~rvisor per overtime hour.
Based on the county's traffic signal maintenance activity in Largo (serviced 41 intersections) and in Pincllas Park
(serviced 32 intersections) for the first calendar year J 999 quar1er. expected labor hours for county traffic signal
activity within Clearwater (county would service a maximum of 145 intersections, 26 flashing beacons, and 21
school signs) would not significantly decrease from the current service level. Therefore, the City's cost to
maintain the current and neceSS3f)' level of traffic signals maintenance would increase due to the higher county
labor cost. The City retains certain control over its traffic signals program labor cost based on personnel
salaries. By transferring the services to the county, the City \\ould lose the ability to control its labor and
equipment costs.
2. ISSUE: City traffic signals program personnel arc cross-trained to pcrfonn additional traffic operations work
including sign replacement and pavement marking work. In addition, personnel are certified to replace the bases
for signal mast arms installments. Transferring this function to the county would increase installation costs and
reduce control over the mast arm program that the Cit)' is.activety Pcrformi"ng. ~ .;. ";. - ." - - - -. . - "
3. ISSUE: The County's agreement for maintenance of traffic signals within a municipality only provides for
periodic maintenance at six month intervals, signal head relamping at t\velve month intervals, and upon a city's
request additional maintenance services for actual service cost. In addition. the municipality will reimburse the
cost of or supply necessary repair materials. A municipality ,..ill further pay actual cost involving the removal,
repair, and installation of traffic signal equipment at the County labor rates stated above. The City's current
operation provides for necessary and constant updating, 'maintenance, installation, repair, etc., work.
4. ISSUE: The current City redevelopment phase under the One City. One HI/lire.. plan involves a multitude of
capital CQnstruction projects requiring traffic signal planning, timing, and field work performed by the current
2
program personnel. All project work IS immediately responsive to City management and City Conunission
directives. Should scope changes or emergencies arise requ iring inmlcdiate attention, City traffic signals
personnel ~ provide direct support. Administering County personnel for similar work per the traffic signals
maintenance agreement would require additional planning and collaboration with the probability of reduced
response time and lower quality work. In addition. County control of city traffic signals would delay the city's
ability to adjust or respond to changing economic development issues that are affected by traffic circulation. The
county's priority in competition with the City on economic issues is the County first and the City second.
5. ISSUE: Other cities contacted reiterated the absolute need to maintain and operate their current traffic signaJ
program. Common responses included: internal control of operations. immediate responsiveness to the cit)'
counciVconunission and to the citizenry, better control and roadway accessibility for traffic movement during
special events (concerts, conferences. street closings, etc.,). and traffic signal timings based on City
counciVcorrunission. management, and citizen needs. Clearwater has a tremendous number of special events
throughout the year. Many occur in or near the dov.ntown area and the beach requiring special traffic circulation
concerns. Direct control of the signals and computer center is essential in controlling this traffic on a regular
basis. Special events generate considerable revenue dO\'wTlto'\11 and the effect of the traffic control leaves either a
positive or negative image of the event that greatly detennines whether people return to future events.
6. ISSUE: Questions surround the County's timely rcsponsiv~ncss to emergency situations arising from stonns,
particularly lightning, accidents. and power outages, Often, immediate repair is neccssaty. The County may not
always provide priority repairs to the signalized intersections currently operated and maintained by the City. The
County has its 0\\11 prioritized plan as well as the responsibility to the t".cnty-two other municipalities it services.
The current City operated traffic signals program responds directly and immediately to City emergencies and
other needs.
7. ISSUE: By maintaining a City traffic signals program. the City retains the possibility of future additional
revenue through grant funding for Intelligent Transportation Systems (ITS - electronic solutions to traffic issues
instead of additional or widened roadways) and by offering traffic operation's services to neighboring cities at
competitive rates.
8. ISSUE: Per the County's agreement for maintenance of traffic signals. the City is full}' liable for aU traffic
signal operations. Should any situations arise leading to suits, demands, liabilities, etc, Clearwater would be in a
better mitigation position for work perfonned by trained and knowlcdgC3ble City employees. The possibility of a
liability issue is reduced through the City's staffing responsibilities and requirements (City directly hires and
monitors the personnel conducting the work).
9. ISSUE: Transfening the traffic si~als program to the County would require communicating the City's
intentions to the County and subsequently drafting an agreement suitable to both parties. The current agreement
the County maintains with municipalities has not been updated for some cities since 1984. Furthermore, the
agreement is essentially for maintenance work during the nomlal operation of a traffic signal ~ystem.
Clearwater's level.of redevelopment activity requires considerable .additionallraffic signal and sign work... To.
meet the City's needs, the County would have to provide a level of service greater than currently stipulated in
agreements with other cities. The probability of priority to Clearwater would certainly raise concerns.
RECOMMENDA TiON: Based on the stated nine issues, the City of Cleanvater should continue to manage
and perfonn all current traffic signals operations. The program"s benefit grossly exceeds actual costs as well as
the possibility of minimal dollar savings. Transferring the program to the County would probably not absolve
the City of any financial responsibility since the City would be under contract with the County requiring the City
to continue to fund labor. equipment, and energy costs. The probability of simply having the
County entirely fund the City"s traffic signals system (going out of the traffic signal business) does not exist due
to the County's contractual requirements with municipalities. Maint:iining traffic signal control and
3
,,~i.;.~, .
,~ '. ,,'. .
responsiveness to our City COllllllissiol1. Cit~ rcsidl:nls. and busincss~s should continul: to be the City's priority
as a responsive and account3blc municipal go\crnment.
MANAGEMENT RESPONSE: I concur wholeheartedly with the conclusions and recommendations or
this report. The time Mr. Comez spent on researching the issues was invaluable and was well done. In
dosing I would say that any organization &ets what it pays for and in this case Clearwater has a very good
system and lets it's moneys worth due to the dedication or the employees in the traffic operations division.
CONCLUSION:
Upon requ~ I have completed a limited assessment of the City.s traffic signals program. The purpose of the
assessment was to conduct a review to detennine the possibility of tr3J1Sferring the progrmn to Pinellas County.
Based on the infonnation reviewed. transfening the program to the county would reduce the current level of services
provided to maintain safe and effective roadway travel within the City of Clearv.'ater. The City's maintenance and
operation of the traffic signals program adds considerable value making Clearwater a truly unique and progressive
City.
Respectfully Submitted,
~7~
Robin ( Gomez..
Acting Audit Manager
RO/rg
.... .. ........ ..' .
- ,
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4
, .. i.
Bertels, Paul
r
From:
Sent:
To:
Cc:
Subject:
Importance:
thx
From:
Sent:
To:
Subject:
.,'.
Baler, Richard
Wednesday, July 14,19995:09 PM
Brumback. Garrison
Bertels, Paul
RE; TraffIC Signals
High
Brumback, Garrison
Monday, July 12, 1999 3:38 PM
Baier, Richard
FW: Traffic Signals
This is what the final product looked like.
Garry Brumback
Strategies for Success
462-6630x224
From:
Sent:
To:
Subject:
Brumback, Garrison
Mondav, June 28, 1999 4:49 PM
Hedrick, Rick
RE: Traffic Signals
The elements inwlYed are Labor, Equip, and energy which are all fIXed. The variable rates are for
materials, engineering, construction and replacement equipment. This is over and above (for both us and
the County) the $580K or $660K estimates for the County and City respectively. Therefore the answer to
your question is that $580 does NOT incfude all of the costs.
The rates are:
Item County City
labor 29.99 19.22
Equipment 12.36 12.36
Energy(140 signals) 168000 168000
Rich's fl9ures assumed 15,600 hours (1.5 workyears) 70% of which was dedicated to traffIC signals. In talking
to both Paul Bertels and the County guy (Ken Jacobs) neither will spend that number of hours worki1g on
traffIC signals. The compelling reason for retaining the capability is that when there isn't traffic signal
demands on their time we can use them doing other necessary work. If we give up the function we would not
be able to reduce the staff by an equal amount to make this a cost effectiw choice.
GarrY _Brum~c~ . _ "
Strategies for Success
462-663Ox224
. ......... ...
. ... _., ~.... - ..... ." .. a.._ __ _..,-.... ", ... _ .......~ ._. "........ .._ "_ ___.
From: Hedrick. RiCk
Sent: Monday, June 28, 1999 4:33 PM
To: Brumback, Garrison
Subject: RE; Traffic Signals
Importance: High
Thank you for the information. Can you proVde me with a break down of the elements involved in the
Signal program and what we would have to pay? In other words, who pays for new signal equipment and
installations. replacement equipment. maintenance and control, etc. Do we get everything from the
Page 1
County for $580,000.00 or do we haw additional costs?
What are we currently paying for the same operation as outlined above? Are there any additional costs
under our current system that are accounted for separately?
Thanks for your help.
Rick
-Original Message-
From: Brumback, Garrison
Sent: Monday, June 28, 1999 2:35 PM
To: Hedrick. Rick
Sub~et: Traffic Signals
Rick,
The purpose of this email is to provide as much information as possible for Mike to use in
deciding whether or not to retain the traffic signaling function in the city or pay the c()unty to
perform the function.
The specific costs associated with this proposal are that we spend $660,000 on 7.5 FrE who
support of our signaling system however, we use these folks to also do a lot of sign and
pavement marking which is about 3()o,Io of their efforts. Retaining the traffic signals would not
result in any discemable savings and would actually cost the City resources in the long run.
I talked to Ken Jacobs and also reviewed the letter of agreement between Pin ell as County and
Pinellas Park. The cost of $580,000 (pinellas County's figure) doesn't include several critical
functions currently being perfonned by our folks. These costs don't include studies,
engineering or construction related to the traffic signals. It also doesn't absolve Clearwater
should problems resulting from failure in operation or malfunction of any signal.
Although Dunedin (I spoke with Hickman Rahmen) has no complaints about the level of
service they get from the County they are) in fact shopping around to see ifwe can do it
cheaper or better.
Comparing the additional qualifications our PW folks possess (we have the staff certified to
construct mast arms and the County does not) and the amount of construction and
conversion associated with 1 elF it is cheaper for us to retain this capability. Considering the
rapid pace of change in Clearwater, the ability to support developers has been a priority of late .
and this will provide the capability and flexibility to more readily a~mmodate our citizens
and business partners. . - - _.~. .. . -'.. ~ #'. . - " -
Recommendation: Retain the traffic signal capability.
Garry Brumback
Strategies for Success
462-6630x224
Page 2
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~Clearwater
o
Interoffice Correspondence Sheet
From:
Robin Gomez, Senior Auditor
Paul Bertels, Traffic Operations Manager'f ~
Rich Baier, P.E., Public Works Administrator
Gary Johnson, Director of Transportation and Drainage
To:
cc:
Date:
June 22, 1 999
RE:
Program Based Budget Summary - FY 99/00
I call attention to the item 1331- Traffic Signals ;n the above mentioned document
and point out that the amount of $701,910 dollars does not reflect the true cost. of
this mandatory program. The true amount is $660,648 doUars which includes the
labor, equipment cost and the electrical costs to maintain and operate the city's
traffic signal system for one year. I was asked to compare the city's costs with the
costs the city would have to pay to the county. Following is a breakdown of the cost
comparison of inhouse traffic signal maintenance and operation versus the same
maintenance and operation performed by the county.
Item
County Cost
City Cost
$19.22/Hour
$12.36/Hour
labor rate
Equipment rate
$29.99/Hour
$12.36/Hour
Total Hourly Rate
$42.35/Hour
X 15,600 MH
$ 31. 58/Hour
x 15,800 MH
Total annual maintenance cost
Energy cost for 140 traffic signals
$660,660
$168,000
$492,648
$168,000
$660648 .
Total maintenance-and operation. cosf
- $8~S-, 660'
The city's total cost figure is $41,262 dollars less than the amount in the summary
and as you can see the city figure is $168,012 dollars less than the cost for the
county to perform the same task. These figures assume that the city signal
technicians spend full time on traffic signals. However, the truth is they only work
about 70 percent of their time in signal work and spend the remainder doing sign
and pavement markings. This cross training of the signal technicians has made
the entire traffic operations division very productive and efficient. The county
labor rate and equipment rate is from the standard maintenance agreement that
the county has with municipalities. I have incfuded a copy of the maintenance
;".' .~.: .~' "
agreement and latest signal billing that the county has submitted to the City of
Pinellas Park as reference material so that you can validate my figures. The city
labor cost is from the city's budget preparation form for the current fiscal year and
reflects total cost incfusive of benefits. I used the same equipment cost figure for
the city as the county because the two agencies use the same type of truck. The
energy costs are an estimate based on experience and reflect an average cost of
$100 per intersection per month. This cost will decrease dramatically as more
intersections are equipped with lED (light emitting diode) signal indications. These
indications reflect a decrease in wattage from 135 watts to 15 watts per signal
indication. The 15,600 man-hours figure is the result of multiplying the 7.6
technicians (FTE's) times 40 hours per week times 52 weeks per year. This is the
maximum amount of maintenance the signals would receive annually if the
technicians were working full time on signal maintenance.
. - .... - -. " ' ~.
- - . ... - .. ,...... -. .... -.... -.. ", ..' -, - ... - - -.. - - -... . ,-
. .. - -.. . ....
~ ,Clearwater
. ..
o
Interoffice Correspondence Sheet
To:
Michael J. Roberto, City Manager
From:
Paul Bertels, Traffic Operations Manager
Richard J. Baier P.E., Public Works Administrator
Through:
cc:
Rick: Hedrick, Deputy City Manager
Gary Johnson, Director of Transportation and Drainage
Glenn Weaver, Signal System Engineer
Date:
June 22, 1999
RE:
Consolidation of Traffic Control Centers
Clearwater and S1. Petersburg are home to two of the three computerized traffic signal systems in
Pinellas County. Both cities have special traffic operations issues that require the special control
functions that only a computerized signal system can provide. These are the special events that
give each of these communities their unique appeal. Consolidating the three computerized traffic
signal control centers into one would result in the following:
. Clearwater's signal system is well timed and extremely well maintained, with essentially zero
faulty loops at aU times. Response to equipment failures is very rapid at all times. These
benefits would be lost if the system were consolidated.
. Clearwater's signal engineering staff is responsive to the citizens of Clearwater, it answers to
City Management and the Clearwater signals are their only priority. These benefits would be
lost with consolidation.
. Clearwater's jurisdiction over the center allows for good cost c9ntrol over the operation and
maintenance of the traffic signals. Under consolidation the City loses the ability to control it's
costs. The fees charged will be whatever is assessed by the control agency.
_. . - . -... . .Clearwater's loss-of. the center could. result in the same treatment the City of PinelJas Park .
received from the County. The County rejected a request by the City to install a city
developed coordinated timing plan on 491f1 Street. When the city installed the plan with it's
own staff the County responded by locking the city out of it's own traffic signals.
. Clearwater control of the center provides the city with a possible source of revenue generation
by offering a package of traffic operations services to neighboring cities. The City of Dunedin
has approached traffic operations staff about these type of services. Loss of the center would
preclude this possibility.
. Clearwater is the only agency in Pinellas County that .installs and maintains it's own traffic
signal mast arms. The City of Dunedin has asked about the possibility of Clearwater forces
, . ',,: ~l: :....
, ',", ,
';'.i'
installing mast ann traffic signals for them. Loss of tl1e center and the traffic signal forces
would cost the city up to 50 percent more for the installation of mast anns.
. Clearwater's control strategies will have a significant impact on the One City. One Future.
vision. Special functions, seasonal fluctuations and heavy pedestrian traffic flow require
personnel intimately familiar with the city. The success of the roundabout will be detennined
by our abilities in regulating the flow of traffic and pedestrians. Loss of the center would
eliminate the ability to accomplish this important task.
. Clearwater is fully liable for the operation of it's signals no matter who controls the center.
Clearwater's liability can be better mitigated by it's own forces than by relying on an outside
agency. Loss of the center would make this task extremely difficult.
. Personnel that work on the system do a multitude of tasks. Yearly maiutenance of the ~nter
is only 5k. Operating a signal system enhances the opportunity for grant funding sources ie;
CMAQ, TEA-21 and STP. System upgrade could mclude AM Radio (Advertisement) revenue
to the city. Loss of the center would eliminate the ability to attract these type of grants (up to
1.6 million dollars to upgrade the system) and other possible revenue sources.
. The control center with it's attendant traffic signals has brought Clearwater a tremendous
amount of positive publicity. In the transportation community Clearwater is known as a leader
in the use of traffic signal mast anns, LED signal faces, rain preemption and bulb failure
indicators. Loss of the center would eliminate the ability to be a leader in our industry.
The upgraded traffic signal system that the City is currently seeking grant funding for would
provide additional revenue sources making One City. One Future. an even greater success. A
large amount of revenue could be gained by negotiating to sell our video monitoring to TV and
radio stations, thus reducing their need for expensive aircraft. The. upgraded system would also
include an AM radio motorist advisory which would be used to provide information about City
events, promotions and parking. The inclusion of local advertising in the broadcast media would
undoubtedly generate considerable revenue.
, .
. - . ~ -. .
. .' T" .
. .
.'
AGREEMENT FOR MA IN'1"ENANCE OF tRAFFIC SICNAU
. ..
THIS ACREEMENT. mad. and entered into on the _ ath
day
ot KU'c:b .. 19&4, by ~nd batween PlNELlAS COUNTY, . poUtlc.1.
..,bdt"tdon of efuo SCot. of Florid. and tfuo Cl'1Y~~~
lnUoiclpal corporation of the State of Florida. iI\\~ ~m.l
APrC ~.: 5 198-i
. .
Clrt of PIn,IIAll;.rr;
PINELUS COON'IY b.reby "tree. Co perform ~rloBba""*~~~ at:
six month lute.Net., .1gnal baad re.lamp1ng at t:\Ielv. D'ORth tntarv.l..
.
WXnu;SSETH ~
and upon requ..t by the City ~nas'~ of the Cl1Y OF P~L1AS lARK, or
hiGA8~DtJ to furoish .11 other maLDtena~e scrvice. for Trafflc
Control Slgn~ll .itu8ted within thB corpor.te limits of tbe CITY OF
PlNEtlAS FARX, tor compan.atlon ~u81 to the cost of subject servlcQs,
payable by the ern or PINEUAS PAlU< to PlNE1J.AS COUNTY.
It U8 "':ft4erstood and 8g1:ged "'pOll that tbe eln OF PlNELUS PAIUC.
shall be respoD.lble for re1mbur,1ng or supplying PlNE1J.AS COUN'l'Y ,,!lth
neCGIsary ~te~ia1(1) to rapalr traffic control signal..
Remov.l, repair, and reinstallation o~ such aqulp~nt, as well 8'
tr4nspo~tatlon to and from Coun~y Traffic Sl&n,l Maintenance Shop and
the job location .hall be performe4 by PINELlAS COUNTY, for . e~pGn.
aatiou equal to the cost of 8ubj~ct service., payable by the CXTY OF
PINELlAS PAU to PlNEUAS COUNTY.
nw CITY OF PlNELtAS PAU does agree.. upon recet.pt of proper
1nvolce from PIN&LLAS COUNTY, to pay all charges made in 8ccordance
with thil Arreement.
'The CITY OF Pl~LLAS PARK, in eODslderotion of PlNELtAS COUNTY's
8g~e~nt to perform ms1ntensnce .e~1ce a8 herein described. h4reby
siree. to indemnify and hold ha~la" PlNELLAS COUN1Y from and Agein6c
1111 lost " c08ti and expenses J including-attorneys I fees. culms, 5~it'~ ~ - ",
demsnds, liab.f.lltie8 dAd Judg.menC8 of any oat:Ure whatsoever aricing out
of, becduse of, reGult~ng fr~J or dUG to but not l~ited to, any
. .
.. - ~ .-
failure in operation o~ malfunction of ID7 traffic control signal
p ~g. 1 of 2
.~::
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covored ~1 this A&r.~.nt, axc.pc .. .ueh t. . direct re.ult of the
lole negl1ceoce ~f PlNELtAS COONTY, ltl .~ployee. or .&onts in tbe
perforuaance of thie contract:.
It 1s tu:rther .&reed ttuc the CIT! or PlNELtAS PARK shell promptly
notify PlNEUAS COUN'l'Y of ,llY C la1mt or peRd1.ng c 1a1ms ot which the
CITY OF PINELtAS PARK has notice.
, ..
No right of action Ih.ll accrue on this contract to or for the
use of aD1 person .xc.pc tbe .unlclp.l corporation ngmad herein.
'1'hl. A&l'oement: NY b. terminated by either party upon fo~ty-five
(45) dayl ot VTitten notice.
IN WITNESS WHEREOF. the under~iguecS bare hereUnto affixed thCllr
h4nd. andseala,thQ day and year l1ret above written.
CIT'l OF PImLtAS PAU,
a municipal corporation of
the State of Florida
PINELLAS COUNTY, a political
subdivlaion of tho Stete'9f
Florida
J1y: (1;01. ~U4
Cedl w. BracSbLl~ Dat:.
KAYOIl
BY.~
. JOHN Cl\ESNlfl, JR.
Chairman
ATTEST:
AITEST:
Karleen F. OeBlsker, Clerk
"
By: /; -K! #'~
- "'. Deputy Clerk (sail)
.. .
. .
APPROVED AS TO FORM:
.
By: ~ M./.,. .If.12.~~'''''Arr:.
County Attorne;1
. .
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p '. N ELL A S C 0 U N T vTo)
t.&:ara of County Commissioner. 1111
DEPAR1MENT OF PUBLIC WORKS
UO COURT STREET CLEARWATER. FLORIDA 1411
o W Ie ill"
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INVOICE
Invoice # 0015 30
Date 05/04/1999
To:
PINELLAS PARK
6051 ?8TH AVE. NORTH
PINELLAS PARK, FL 34665
$13,401.69
0201 I 3~99~50 I 100~OOO
10/01/1998 Thru 12/31/1998
Plea,. OelKh ~nd R.lur" wUt\ Your ~mlttanco
~~-----------~~--~---------------~~---~-------------~~~------------~~-~---
Traffic control Signal Maintenance Charges tor the period of
10/01/1998 Thru 12/31/1998
~ . t)Z/
(X){-L/21~- L/L/'lD5
S'h I q ~
Debit / Credit :
Invoice Amount :
Previous Balance:
0.00
13,401.69
0.00
Total Amount Due: -13,401.69
Please ~d~essBi.l_11.nq Inquiries To T~attic C.ont;rol: .at_4~4-:89S7... ~-'._- -".
Make ehKk payabl. 10:
BOARD OF COUNTY COMMISSIONERS
Man check to:
EnglnslJring Oepartment
~O eou" Sn.t
CtoarwafH. Florida 3461'
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Interoffice Correspondence Sheet
From:
Mayor and Commissioners
Cynthia E. Goudeau, City Cler~
Michael J. Roberto, City Manager; Bil Horne, Assistant City Manager; Pamela K.
Aki n, City Attorney
To:
CC:
Date:
April 24, 2000
RE:
Pinellas Planning Council (PPC) Voluntary Annexation Process
Ralph Stone's April 11, 2000 memorandum regarding the above subject was previously
provided to you. If you need it to be provided again, please let this department know.
Dave Healey will be at the May 1, 2000 Work Session to discuss the ppe's proposal.
W\+~ -r\" \S 'I~~rn
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To: Michael Roberto, City Manager S'w I -DO
v.M-yS'
From: Ralph Stone, Planning Dir
Date: April 11, 2000
RE: Voluntary Annexation Process
The PineIlas Planning Council (PPC) is developing a voluntary annexation process for Pinellas
County that defines the areas eligible for future voluntary annexation by each municipality in the
County, along with review and appeal procedures. The proposed process is specifically intended
to replace the review for ability to serve for annexations of ten (10) acres or more now conducted
by the PPC.
The PPC staffbegan this process by reviewing all individual service and planning area agreements
and developing maps depicting water, sewer, and fire service areas, as well as planning areas for
each municipality. Once those maps were complete, PPC staff met with each jurisdiction to
discuss the boundaries. After receiving input from local governments, a countywide map
portraying the areas eligible for annexation was developed.
This proposed voluntary annexation process requires an amendment to the Pinellas County
Charter. The Board of County Commissioners will have to approve placing the proposed process
on the ballot for a referendum, as well as on the annexation boundary map. The basic provisions
of the proposed voluntary annexation ordinance are as follows:
. Any property proposed for annexation by a particular city nlUst be located within that city's
eligible area for annexation as illustrated on the countywide annexation map.
. Any property proposed for annexation must be contiguous to the current annexing city
boundaries and reasonably compact as currently required by 171 F.S.
. Any annexing municipality must notify the PPC of any proposed annexation within five days
of receipt of the annexation petition. PPC must review any application for compliance with
the contiguity and compactness criteria, as well as criteria relating to municipal boundary
conflicts,
. Any party aftected by the proposed annexation can petition the PPC and the Countywide
Planning Authority (CPA) to review the proposed almexation for consistency with the criteria
and procedures specified in the legislation. Any affected party includes any person or firm
owning property proposed for annexation or any governmental unit having jurisdiction over
1
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such area. Findings of noncompliance by the CPA does not prohibit a municipality from
proceeding with the annexation, however, any party affecte~ by the annexation, the PPC or
the CPA, may appeal an annexation by a municipality to Circuit Court. An appeal filed by
PPC or the CPA would be subject to the Florida Govemnlental Conflict Resolution Act.
The proposed legislation will result in four differences from the existing voluntary annexation
process.
o Voluntary annexations must occur within defined areas eligible for annexation;
. PPC staff shall review all voluntary annexation applications instead of only those exceeding
ten (1 0) acres in area;
o The current prohibition on creating unincorporated enclaves is eliminated; and
. There is potential for a "full review" by the PPC and the CPA if noncompliance with the
criteria is determined by PPC staff. Annexation of a property determined by the PPC to be
noncompliant could be appealed by the PPC or the CPA.
The Planning Department recommends that the following five major issues be addressed in the
mapping process and proposed ordinance.
1. The countywide annexation map should be amended along the eastern border of Clearwater's
annexation area to include the City's existing sewer treatment plant within our annexation
area. The treatment plant is located on the east side of McMullen Booth Road north of SR
580 and appears to be shown in Safety Harbor's annexation area. The Planning Department
believes that while McMullen Booth Road generally is a logical border, Clearwater's
annexation area should include all of its major capital investments.
2. Any areas of unincorporated Pinellas County that are not located within any city's annexation
area should be available for annexation pursuant to Florida Statutes regarding annexation (i.e.,
subject to the contiguity and compactness requirements).
3. The annexation review by the PinelIas Planning Council should include an expedited process
for properties within the annexation area which was the intent of the original proposal.
Currently, the ordinance contemplates delegation of certain applications to the PPC staff;
however, the detailed process has not been drafted for review.
4. Any enclaves located within a city's annexation area that still remain as enclaves in ten years
from the effective date of tltis ordinance shall be subject to involuntary annexation by the
appropriate city.
2
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5. The process should allow annexation of properties that are within the annexation area but are
not contiguous to the existing boundaries. The annexation area boundaries are based on the
relevant city's ability to provide services; therefore, relieffrom the contiguity requirement will
greatly assist in the elimination of enclaves that inhibit efficient service.
The PPC has scheduled the proposed voluntary annexation process for action on May 17, 2000.
Staff is requesting Commission direction on this issue.
Dave Healey, Executive Director of the Pinellas Planning Council would like to attend the May lit
City Commission workshop to make a presentation on this proposal and to receive comments.
With your concurrence, please schedule this item for the May lit workshop. Thank you.
Attachments:
Draft legislation
Part of Exhibit 1 (Map of Areas Eligible for Annexation)
DRAFr #4
An act relating to PineJlas County; providing a short title; providing
a purpose; providing for authority; providing definitions; providing
for areas eligible for annexation; providing criteria for petitions for
voluntary annexation; providing for a review of proposed
annexations; providing for request by affected party for full review of
proposed annexations; providing a municipal annexation procedure
and appeals therefrom; providing for the effect of annexation;
providing for intcrIocal agreements for urban services and
annexation; providing for state plan amendment review process;
providing for amendment to the PinelIas County Charter; providing
an effective date and referendum question; providing for severability.
WHEREAS, Pinellas County is the most densely populated county in the State of Florida,
with twenty~four (24) incorporated municipalities that comprise nearly two-thirds (213) of the total
county area; and
WHEREAS, annexation of unincorporated area by the incOIporated municipalities is an on-
going significant occurrence that has important growth management and service delivery
implications to the unincorporated county, the incorporated municipalities, and the citizenry; and
WHEREAS, annexation is a routine process whereby municipal boundaries may be expanded
in order to meet the citizenry's growing need for urban services; and
WHEREAS, the Legislature of the State of Rorida deems it to be in the best interests of the
citizens of Pinellas County to implement a more rational, uniform, and clear method for voluntary
annexation on a countywide basis in order to address the inadequacies, inequities, inefficiencies, and
unpredictability of the current voluntary annexation process;
'VHEREAS, the Legislature ofthe State of Florida declares it essential to a well-planned and
balanced system of governance in Pinellas County that the method of annexation provided for in this
Act constitutes the exclusive means by which voluntary municipal annexation may occur in Pinellas
County; and
WHEREAS, the Legislature of the State of Florida has detennined that each municipality
located within Pinellas County has the ability to provide urban services to the geographic areas of
the county designated as eligible for annexation by each respective municipality, and that said
determination was based upon sound planning considerations.
NOW, THEREFORE, BE IT ENACTED BY the Legislature of the State of Florida:
Sec$ion 1. Short Title.
This act may be cited as the "Act to Enable Countywide Voluntary Annexation Procedures
and Criteria in Pinellas County, Florida," hereinafter referred to as "this Act."
Section 2. Purpose.
It is the purpose of this Act to establish a uniform, equitable, and integrated procedure with
clearly defined criteria to provide the exclusive means for voluntary annexation of property by'an
incorporated municipality within PineIlas County, Florida.
Section 3. Authority.
This Act is promulgated pursuant to the home rule powers of Pinellas County, Florida, and
s 171.044(4), F.S. (Supp. 1998), as a special law to authorize placement of a ballot question before
the electorate to consider amendment of the Pinellas County Charter, pursuant to the provisions for
amendment thereof, that would establish the exclusive procedures and criteria for voluntary
municipal annexation and designate the geographic areas of the county eligible for annexation by
each respective municipality.
Section 4. Definitions.
As used in this Act, the following tenns and phrases shall have the following meanings,
unless some other meaning is plainly indicated:
2
(1) uAbility to Serve" means the municipality that proposes to annex property has the
authority, responsibility, and capacity to provide police, fire, sewer, water, and solid waste disposal
service. If the annexing municipaHty does not have the authority, responsibility, and capacity to
provide anyone or more of these fi ve (5) requisite urban services to the property proposed to be
annexed, then it shall, by either interlocal agreement or written authorization, obtain agreement of
the service provider that is charged with providing such service(s), attesting to that provider's ability
and willingness to provide said service(s).
(2) "Annexation" means the adding of real property to the boundaries of an incorporated
municipality, such addition making such real property in every way a part of the municipality.
(3) "Board" means the Board of County Commissioners of Pine lias County, Florida.
(4) uCPA" means the Board of County Commissioners sitting in its capacity as the
Countywide Planning Authority_
(5) "Compact" means concentration of a piece of property in a single area and precludes
any action which would create pockets, finger areas, or serpentine patterns. Any annexation
proceeding in Pinellas County shall be designed in such a manner as to ensure that the area will be
reasonably compact.
(6) "Contiguous" means that a substantial part of a boundary of the territory sought to be
annexed by a municipality is coterminous with a part of the boundary of the municipality. The
separati on of the territory sought to be annexed from the annexi ng muni ci pality by a pu bl icI y-owned
county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water or
watercourse; or other minor geographical division of a similar nature, running parallel with and
between the territory sought to be annexed and the annexing municipality, shall not prevent
3
annexation under this Act.
(7) "Council" means the Pinellas Planning Council, as created by Chapter 88-464, Laws
of Florida (1988).
(8) "County" means Pinellas County, Florida.
(9) "Municipality" means a municipality created pursuant to general or special law
authorized or recognized pursuant to s.2 or s.6, Art. VIII, of the State of Florida Constitution.
(10) "Party affected" means any persons or finns owning property that is proposed for
annexation to a municipality, or any governmental unit having jurisdiction over such area.
(11) "Urban services" means those services required to be available and provided bya local
government, either directly or by contract, to its present resi dents and areas proposed for annexation,
including but not limited to police, fire, sewer, water, and solid waste disposal.
Section 5. Areas Eligible for Annexation.
(1) The geographic area eligible to be annexed by each respective municipality has been
detennined and delineated in map form as set forth in Exhibit 1, attached hereto and incorporated
by reference. Said determination was made consistent with the purpose and provision for
establishment of planning areas, as provided for under s 163.3171, and is specifically intended to
replace the review for ability to serve for annexations of ten (10) acres or more now conducted
inpependently by the Council under Chapter 88-464, Laws of Florida.
(2) The geographic areas eligible for annexation designated herein may be amended upon
recommendation of the Council to the CPA. Any deviation from the Council's recommendation by
the CPA shall be by a majority vote plus one.
ill In the event that a municipality receives a petition to voluntarily annex property that
4
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Jies outside that municipality's geographic area el.i&i.hlU9r annexation. said petition sluul~
reviewed in accordance with subsection (2) above. in addition to the regular criteria and procedures
~
!4) The CounciLshaU periodically review the geographic areas eligible for annexation to
each respective municipality. The first review shall take place no longer tban five (5) years after
final adoption ofthis Act. Each subsequent review shall take place no longer than five (5) years after
Jhe previ ous review.
. Section 6. Petition for Voluntary Annexation.
(1) The owner or owners of real property, or his or her agent, in an unincorporated area of
the County, may petition the governing body of a municipality that said property be annexed to the
municipality if the subject property meets the following requirements:
(a) the property is located within the area eligible for annexation to ,the annexing
municipality set forth in Exhibit 1;
(b) the property is contiguous to the annexing municipality and reasonably compact;
except that a mtJnkipality nlay be exellJpt fl0l11 this iequilell1ent upon establishing that.
0) the mUhic.ipality lias the ability to serve the property as defilled I.elein, alld
(ii) tIle ahJJexatioll is hot based upon, and does not ill volve, an almexation
agreeillcnt or ihdehture executed plio! to tIle effecti ve date of this Act.
(2) Within five (5) calendar days of receipt of a petition for voluntary annexation t)T the
initiation of a voluntary annexation, pursuant to a previously executed and valid agreement, the
annexing municipality shall notify the County, Council, and all parties affected, of said proposed
annexation with a copy of the petition for annexation and a legal description of the subject property.
5
Notwithstanding the five (5)-day notice period provided above, the anne~ing municipality shall
. provide said notice prior to the first reading of the annexation ordinance.
Section 7. Review of Proposed Annexation.
(1) Upon receipt of a petition for a proposed annexation to a municipality and a legal
description of the subject propertYt the Council or its designee shall review said proposed
.
annexation for compliance with the following criteria:
(a) whether the subject property complies with the criteria and procedures set forth
in Section 6; and
(b) whether the legal description provided conflicts with previously-established
municipal boundaries or creates an inadvertent gap between governmental jurisdictions.
(2) Within ten (10) calendar days of receipt, the Council or its designee shall notify the
annexing municipality of any disputed issue with Section (1)(a) or (l)(b) above.
(3) If the proposed annexation is consistent with the requirements of this Actt the annexing
municipality may proceed with the voluntary annexation as hereinafter providedt subject to a request
for full review as set forth in Section 8.
(4) If the proposed annexation is deemed inconsistent with the requirements of this Act by
the Council, a full review shall be conducted.
Section 8. Request for FulrReview by Affected Party.
(1) Any party affected by the proposed municipal annexation may petition the Council and
CPA to review the proposed annexation for consistency with the cri tena and procedures set forth in
this Act. Said review shall be a matter of right and shall be conducted pursuant to the fonowing
criteria and procedure:
6
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(a) A petition requesting review shall be filed with the Council within ten (10)
calendar days of receipt of the notice provided by the annexing municipality under Section 6(2).
Upon receipt of said petition, the Council shall notify the annexing municipality and forward a copy
of the petition to said municipality.
(b) The petition shall set forth the specific objections and manner in which the
proposed annexation is inconsistent with the criteria and procedure set forth in this Act.
(c) Upon r~eipt of a valid petition for review, the Council shall consider the petition
at its next regularly-scheduled meeting and forward a recommendation to the CPA. The CPA shall,
within thirty (30) days of receipt of the Council's recommendation, render a decision as to whether
the application is consistent with the required criteria and shall notify the annexing municipality of
said detennination.
(2) The filing of a valid petition for review under this section. or the initiation of a full
review by the Council under Section 7. shall prohibit the annexing municipality from proceeding
with the second reading and adoption of the annexation ordinance until after a decision has been
rendered by the CPA.
Section 9. Municipal Annexation Procedure; Appeals.
(1) Upon receipt of a petition for voluntary annexation that comports with the criteria set
forth in Section 6(1), a municipality may, at any.regularmeeting, adopt anon-emergency ordinance
to annex the property that is proposed for annexation and re-define the boundary lines of the
municipality to include said property. Said ordinance shall be passed consistent with the procedures
for adoption of ordinances provided in s 166.041, F.S. The notice required by s 166.041, F.S., and
Section 6(2) herein shall give the ordinance number and a brief general description of the area
7
proposed to be annexed. The description shall include a map clearly showing the area and a
statement that the complete legal description and the ordinance can be obtained from the office of
the municipal clerk.
(2) An ordinance adopted under this Section shall be filed with the Pinellas County Clerk
of the Circuit Court and Pine])as County Administrator and with the Department of State within
seven (7) da~s after the adoption of such ordinance. The ordinance must include a map which clearly
shows the annexed area and a complete legal description of that area.
(3) Any party affected by the annexation, the Council, ot:' the CPA, shall have the right to
file a petition in the Circuit Court in and for Pinellas County seeking review by certiorari. Said
petition must be filed within thirty (30) days of adoption of the annexation ordinance by the annexing
municipality. An appeal filed by either the Councilor CPA shall be subject to the Florida
Governmental Conflict Resolution Act. In any action instituted pursuant to this section, the
prevailing party shall be entitled to reasonable costs and attorney's fees.
Section 10. Effect of Annexation.
An area voluntarily annexed to a municipality, pursuant to the criteria and procedure set forth
in this Act, shall be subject to all laws, ordinances, and regulations in force in that municipality, and
shall be ~ntitled to the same privileges and benefits as other parts of that municipality upon the
effective date of the annexation. Any voluntary annexation that does T!ot comply with the criteria
and procedures set forth in this Act shall be null and void, and the property shall continue to be
considered unincorporated for both tax and regulatory purposes.
Section 11. Interlocal Agreements for Urban Services and Annexation.
(1) The County and each municipality shall have the authority to enter into interlocalt
8
.
agreements to provide services as an alternative to annexation. Such agreements are encouraged
where they would provide a cost-effective, mutually-advantageous alternative to annexation, or
where annexation is not achievable under the criteria and procedures set forth in this Act.
(2) Consistent with the intent and provisions of s 171.046(2), F.S., existing enclaves of ten
(10) acres or less may be annexed into the appropriate munici pal jurisdiction by interlocal agreement
between the County and the appropriate municipality.
Section 12. State Plan Amendment Review Process.
Any area voluntarily annexed into a municipality pursuant to the criteria and procedures set
forth in this Act, or involuntarily annexed pursuant to the criteria and procedures set forth in
s 171.0413, shall be deemed to comply with and satisfy the requirements of s 163.3171, F.S. Upon
adoption of an annexation ordinance, the annexing municipality may immediately apply the
municipality's comprehensive plan and land use standards to any such area if said comprehensive
plan provides for intensity of use or density standards which are equal to or less than the Countywide
Future Land Use Plan for said area, as determined by the Council, without first submitting a land use
plan amendment to the State Department of Community Affairs. It is specifically intended that the
provisions of this Section shall supersede those existing interlocal agreements entered into between
the county and certain municipalities, pursuant to the authority of s 163.3171(3), which provide for
joint planning areas.
Section 13. Article II, Section 2.04, of the Pinellas County Charter, as created by Chapter
80-590, Laws of Florida, is amended to read:
(t) All powers necessary to designate the geographic areas of the county that wilJ be
eligible to be annexed by each respecti ve municipality. In the event of a conflict between a county
9
ordinance adopted pursuant to the county's authority to designate areas eligible for annexation as
provided by special law and a municipid ordinance, the county ordinance shall prevail over the
municipal ordi nance.
Section 14.
Article n, Section 2.07, of the Pinellas County Charter, as created by Chapter
80-590, Laws of Florida, is amended to read:
Notliing in this Charter shall prevent a municipality from annexing an unincorporated area
into its municipal boundaries in accordance with the provisions of general law, except that all
voluntary annexations shall be in accordance with the exclusi ve procedures set forth by special law .
Section 15. Effective Date; Referendum Question.
This Act, except for this Section which shall take effect only upon becoming law, shall take
effect only upon approval by a majority vote of the electors of Pinellas County voting in a special
referendum election which shall be called and held by the County Commission prior to
November 30, 2001. The question on the ballot shall be:
BALLOT TITLE: PROVIDES AN EXCLUSIVE METHOD FOR VOLUNTARY
MUNICIPAL ANNEXA nON AND DESIGN A TES THOSE AREAS ELIGIBLE FOR
ANNEXATION.
BAllOT QUESTION: Shall Article II, Sections 2.04 and 2.07, of the Pinellas County
Cha11er be amended to provide an exclusive method for voluntary municipal
annexation within Pinellas County, and designate the geographic areas of the county
eligible for annexation to each respective municipality, as specifically enumerated by
this special law?
[ ] YES FOR APPROVAL
[ ] NO FOR REJECTION
Section 16. Severability.
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If any provision of this Act, or the application thereof, to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of the Act which can be given
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effect without the invalid provision or application, and to this end, the provisions of this Act are
declared severable.
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Interoffice Correspondence Sheet
From:
Mayor and Commissioners
Cynthia E. Goudeau, City ~
Michael J. Roberto, City Manager; Bill Horne, Assistant City Manager; Pamela K.
Akin, City Attorney
To:
cc:
Date: Apri I 24, 2000
RE: Commission Salary Adj ustment
Commissioner Johnson requested the issue of commission salaries be agendaed as a
discussion item in ample time to meet Charter requirements for implementing an increase, if
desired.
Section 2.04 of the Charter allows the Commission to set its annual salaries by
ordinance. However, an ordi nance increasing the salaries can not take effect until the date of
commencement of terms of the commissioners elected at the next regular election and must be
adopted at least six months prior to that election. The next regular election is March 13,2001,
therefore, an ordinance increasing Commission salaries would need to be adopted September
7, 2000.
The last commission salary increase was in 1995 when Ordinance 5915-95 increased
the Mayor's salary from $ 12,OOO/yr to $18,000 and Commission salaries from $1 O,OOO/yr to
$15,000.
Prior to obtaining salary surveys or other information Commission direction on this
issue is requested.
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Interoffice Correspondence Sheet
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Date:
Mayor and Commissioners
Cynthia E. Goudeau, City ClerkeJ
Michael J. Roberto, City Manager; Bill Horne, Assistant City Manager; Pamela K.
Akin, City Attorney
April 24, 2000
To:
From:
CC:
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RE:
Proposed Format for Commission Policies
Attached is an example of a format for Commission policies. Commissioner Hart will
discuss this with you at the Work Session of May 1, 2000.
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DRAFT EXAMPLE
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CITY COMMISSION POLICY
100.00 Boards
Purpose: To provide additional guidance in carrying out the provisions regarding
the appointment and responsibilities of various boards contained in the Charter and
Code of Ordinances
Authority/References:
City Charter Section 2.01
Code of Ordinances, Section 2.061 thru
2.069
Definitions:
"Board" means a board, committee, authority, or other entity established by an
ordinance, or resolution adopted by the city commission or by a special act of the
Florida Legislature relating solely to the city, and for which the city commission
has the authority to establish the qualifications for membership. The term does
not include an agency of the state or of the county, or an agency established by
interlocal agreement, not withstanding that the city commission may appoint one
or more members to the board of such agency.
"Ad Hoc Board" means a board, committee or task force established for specific
purpose and/or time, and not established by an ordinance.
100.01
Appointments, Terms
100.01(a) When making appointments to a board, the city commission will strive to
assure the board has a balance of race, gender and geographical area of the
City represented.
(b) Members of boards may also serve on Ad Hoc committees or Task
Forces.
(c) Individuals appointed by city commission to be the City's representatives
on non-City Boards will serve no more than 3 consecutive terms.
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100.02
Board Business
(a) In order to eliminate the possibility or appearance of violation of the
Sunshine Law, all boards and committee appointed by the city commission are
requested not to schedule luncheons or other non-board business functions.
(b) Requests for special reports on projects will require commission or City
Manager's approval prior to staff commencing efforts in this regard.
(c) Upon majority approval, a board may advise other boards or agencies
regarding its position on issues but may not represent that position as city policy.
(d) Advisory Board letterhead may be used and staff assist when
correspondence is written on behalf of the entire board. Letterhead will not be
used by individual members expressing individual opinions and concerns.
(e) During city commission and board meetings, board members will not
display material supporting or opposing candidates or issues on any election
ballot.
(f) Staff will assure that input to advisory boards regarding issues also
coming before the city commission is noted in the city commission's agenda
items.
(g) City Representatives on non-city boards shall keep the city commission
informed of the activities of the boards by providing annual reports unless more
frequent reports are requested.
100.03
(a)
Miscellaneous
Each recipient of an invitation to the Annual Advisory Board Appreciation
Dinner may bring one guest. Members should attend at least one meeting
prior to being invited to the annual dinner.
Implementation Date: 00/00/00