07/20/2000
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Agenda:
7-20-00
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City Commission
Meeting
7 -20-00
note: 7-17-00 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.
/ Lito
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, July 20, 2000 - 6:00 P.M. - Commission Chambers
1. Invocation ~ Rev. Benjamin Adams. Jr., St. John Primitive Baptist Church.
2. Pledge of Allegiance - Mayor.
3. Service Awards - 1 award presented.
4. Introductions and Awards - None.
5. Presentations - None.
6. Approval of Minutes - Regular Meeting 6/15/00 & Special Meetings: 6/15/00 (attorney/client),
7/12/00 (canvass), & 7/13/00 (Trim Millage) - Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Georoe Byrnes recommended techniques to encourage downtown redevelopment.
Jason BanQos. Fran Glaros, Jonathan Wade. Bob Bickerstaffe & Bettv Clark supported the efforts
of City Manager Mike Roberto.
Loren Westerberger recommended the City purchase property near Bayview for a park.
Robert Minton spoke in opposition to Scientology.
Rick Orteqa expressed concern the Keene Road extension will negatively impact Skycrest.
Sonia HauQht and David Campbell spoke in support of City Manager Mike Roberto's resignation.
David Campbell requested an audit of City costs for advertising the 7/11/00 referendum.
Jim Ficken opposed some meeting procedures & recommended bringing together both sides re
downtown redevelopment.
John Wiser complimented City beautification efforts & recommended the City adopt a cigarette
littering ordinance.
Hans Schwarer. Joani Seagal. & Benetta Slauqhter said they are Scientologists and productive
members of the community.
Judv Melaes encouraged the Commission to move forward with the Main Library project on the
Osceola Avenue site.
Bettv Clark expressed disappointment re bitterness, lying, & character assassinations related to
the 7/11 referendum. She encouraged residents to set aside their differences.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing - Approve City's Fiscal Year 1999-2000 Consolidated Plan along with a 5 year
consolidated plan as required by HUD (PLD)
ACTION: Approved.
9. Public Hearing & First Reading Ord. #6476-00 - Vacating 60' r-Q-W of Third Avenue South, lying
east of US19 & west of Chautauqua Avenue (formerly Main StreetHDimmitt, V99-13)(PW)
ACTION: Approved. Ordinance passed 1st reading.
10. Public Hearing & First Reading Ord. #6530-00 - Vacating irregular 40' r-o-w of N. Osceola Ave.,
lying between Jones St. & Georgia St., subject to applicant granting a new 30' r-o-w,
constructing a realignment of N. Osceola and granting a 20' drainage & utility easement (Osceola
Bay Development, LlC, VOO-06) (PW)
ACTION: Approved. Ordinance passed 1 st reading.
7/20/00
1
11. Public Hearing & First Reading Ord. #6513-00 - Amendments to Community Development Code
(PLD)
ACTION: Approved as amended. Ordinance passed 1 st reading.
Public Hearing - Second Reading Ordinances
12. Ord. #6552-00 - Vacating 40' r-o-w of Bay Avenue, lying N of Pinellas St. & S of north r-o-w line
extended of Sadler St. together with 40' r-o-w of Sadler St., lying E of Bay Ave. & W of
Reynolds Ave., subject to retaining a drainage & utility easement over Bay Ave. (Morton Plant
Mease Health Care, VOO-07)
ACTION: Continued to 8/3/00.
13. Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending 9/30/00
ACTION: Continued to 8/3/00.
14. Ord. #6568-00 - Amending Capital Improvement Program Report and Budget for Fiscal Year
ending 9/30/00
ACTION: Continued to 8/3/00.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-25) - Approved as submitted.
15. Approval of Purchases & Declaration of Surplus per PurchasinQ Memorandum:
1) McClain Southland Inc., two 2000 Mack front loader garbage trucks, replacements,
$286,636; financing to be provided under City's Master Lease-Purchase Agreement (GS)
2) Flash Equipment Inc., automotive lights & accessories, $50,000 (GS)
3) Shamrock Building Services, Inc., custodial services, 8/1/00-7/31/01, 1 st extension, est.
$124,176 (GS)
4) Genuine Auto Parts, motor vehicle & equipment parts, 9/22/00-9/30/01, 3rd extension of 4
available, est. $825,000 (GS)
5) Hector Turf, two Toro Reelmaster 3-100-0 triplex mowers, replacements, $39,000; financing
to be provided under City's Master Lease-Purchase Agreement (GSl
6) Kaiser Pontiac-Buick GMC, Inc., one Step van, previously approved addition, $33,288;
financing to be provided under City's Master Lease-Purchase Agreement (GS)
7) L & S Custom Coaches, one Mobile command vehicle, $189,985; financing to be provided
under City's Master Lease-Purchase Agreement (PO)
8) Fisher Scientific, laboratory equipment, supplies & repair service, remaining portion of contract
ending 3/31/02, est. $70,000 (PW)
9) Angelo's Recycled Materials, disposal of yard waste & construction materials, 7/21/00-
9/3001, est. $450,000 (SW)
10) Architectural Fountains, Inc., cleaning service for Gateway to Beach Fountain, 8/1/00-
7/31/01, est. $118,324.80 (PR)
7/20/00
2
11) Sun State International Trucks, two 2001 International 4800 4x4 Dump Trucks,
replacements, $126,353.66; financing to be provided under City's Master Lease-Purchase
Agreement (GS)
12) Vantage Equipment, one 2000 Elgin Street Sweeper, previously approved addition,
$133,363; financing to be provided under City's Master Lease-Purchase Agreement (GSl
13) International Truck and Engine Co., 'five 2000 International 4700 Dump Trucks,
replacements, $211,245; financing to be provided under City's Master Lease-Purchase
Agreement (GS)
14) Diesel Energy Systems, generator maintenance & repair, 10/1/00-9/30/01, est. $75,000 (GS)
15) Declare fleet equipment surplus to City needs; authorize disposal through sale at Tampa
Machinery Auction
16. Authorize increased funding of capital project "SPJC Field Site Development" by $100,000
($50,000 for traffic studies & misc. project management expenses, and $50,000 for legal &
consulting work); approve agreement with Holland & Knight for the legal & consulting work (GS)
17. Lease Agreement with Clearwater Housing Authority, police substation located at 2931
Sandlewood Dr., Jasmine Courts, for 8/1/00~7/31/01 (PO)
18. Agreement with SWFWMD, providing funding of project costs of up to $425,000 for reclaimed
water portion of N. Greenwood Area Reuse as part of N. Greenwood Corridor Enhancement
Project (PW)
19. Work Orders to Engineers of Record: Wade-Trim, $296,425.89 and McKim & Creed, $60,900,
for design of corridor enhancements & reclaimed water in N. Greenwood, total $357,325.89
(PW)
20. Contract to Wade-Trim, for Sanitary Sewer Extension Feasibility Study, $97,387 (PW)
21. Authorize designating largo Area Housing Development Corp. (LAHDC) a Community Housing
Development Organization (CHDO) and to enter into a contract under provisions of the Cranston-
Gonzalez National Affordable Housing Act of 1990 (PLD)
22. Sidewalk Easement - constructing sidewalk at intersection of Grand Ave. & N. Hercules Ave.
(AT&T Corp.){CA)
23. Drainage & Utility Easement - Walden Woods Sub., part of Lot 27 (Mark B. Bronson)(CA)
24. Approve filing Interpleader Action in Circuit Court re Terrance B. Griggley (CA)
25. Appoint George Krause to MPO Advisory Committee as City representative
OTHER ITEMS ON CITY MANAGER REPORT
26. Two Contracts with Calvary Baptist Church to exchange vacant 5-acre parcel on Drew Street at
Hampton Road for Chesapeake Park (QOL)
ACTION: Approved.
27. Approve termination of existing lease agreement with Clearwater Beach Seafood, Inc. d/b/a Krazy
Bill's re 37 Causeway Blvd.; approve lease agreement with Clearwater Beach Seafood, Inc. d/b/a
Crabby Bill's Clearwater Beach Restaurant for term to 4/30109 (EDl
ACTION: Approved.
28. Res. #00-28 - authorizing execution of Agreement with FDOT to perform a Declared Distance
Analysis for Clearwater Airpark (MR)
ACTION: Approved. Resolution adopted.
7/20/00
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29. Res. #00-29 - Demonstrating commitment by City to meet requirements of eligibility for such
State revenues as provided in Florida Statute Ch. 212 (re constructing new community sports
complex which will have Phillies spring training) (GS)
ACTION: Postponed to 8/3/00.
30. Accept quit claim deed from St. Petersburg Junior College (SPJC), transferring ownership of real
property known as SP.JC Joe Di Maggio Sports Complex, 2465 Drew St., to City; approve lease
agreement with SPJC for field house & tennis courts at same location for $1 per year (GS)
~CTION: Approved.
31. Res. #00-06 - Authorizing execution of Roadway Transfer Agreement with FDOT; approve
agreement to transfer portion of SR 60 / Cleveland Street / Gulf to Bay Boulevard from 0.476
mile west of Pierce Blvd. to Highland Ave. from State Highway System to Clearwater Road
System, and transfer of Pierce Boulevard / Chestnut Street I Court Street from 280 feet south of
Cleveland St. to SR 651 / Missouri Avenue, and Court Street one-way westbound from Chestnut
Street / Court Street to Court Street / Pierce Boulevard from Clearwater Road System to State
Highway System (PW)
ACTION: Approved. Resolution adopted.
32. Res. #00-26 - Authorizing execution of Pipeline Crossing Agreement with CSX Transportation,
Inc., for installation of 16' water main within CSX r-o-w (PW)
ACTION: Approved. Resolution adopted.
33. Marine Advisory Board - 1 appointment (CLK)
ACTION: Appointed Paul Kelly.
34. Parks and Recreation Board - 1 appointment (CLK)
ACTION: Appointed Ricardo Ortega.
35. Pinellas Workforce Board - appoint commission member (ClK)
ACTION: Appointed Commissioner Hart.
36. Other Pending Matters - None.
CITY ATTORNEY REPORTS
37. Other City Attorney Items - None.
38. City Manager Verbal Reports
Asst. City Manager Bill Horne reported public meetings for input re roundabout enhancements are
scheduled at Harborview Center from 6:00 to 8:00 p.m. on 7/27 & 7/31/00.
7/20/00
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39, Other Commission Action
Commission Members accepted City Manager Mike Roberto's resignation effective 7/24/00 with
severance package: 1) 9 months of severance, 401 A Pension, health-full family, dental, life, and
disability insurance payments for 9 months; 2) senior executive out placement services for 6
months not to exceed $14,000; 3) all accrued unileave of 101 days; 4) electronic equipment to
include fax machine, palm pilot. laptop computer, and cell phone; 5) ICMA membership for FY
2001/02; and 6) includes full release with resignation letter.
Commission Members appointed Bill Horne as Interim City Manager.
Commission Members said the week has been difficult. They hoped recent divisiveness has
ended & that public trust can be restored.
Johnson stated it is imperative to move forward on the new main library.
40. Adjournment - 10:00 p.m.
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7/20/00
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Clerk (jfJ
SUBJECT: Follow up from July 17,2000 Work Session
.
Item.
COPIES: Michael J. Roberto, City Manager
DATE: July 18, 2000
In response to questions raised at the July 17, 2000, Work Session, the following answers
are provided in final agenda order:
Item #8 - Consolidated Plan - The proposed operating budget for Lockheed Martin is
provided. A spread sheet is also provided showing the funding requested and the funding
recommended.
Itenl #10 - Osceola Bay Development -The Salvation Army is the only adjoining property
east in the relocation area; they should not be adversely impacted. Public Works will provide
additional information at the Commission meeting.
Item #15 (10) - Cleaning service for Gateway to Beach Fountain - Memo is provided.
Item #19 - Corridor enhancements and reclaimed water in North Greenwood - A map of
the Corridor Enhancement Project is provided.
Item #33 - Marine Advisory Board - Additional name provided; application with item.
Item #35 - Pinellas Workforce Board - A listing of the current board members is with the
Miscellaneous -A copy of the existing timetable for the Reclaimed Water Master Plan is
provided. The Reclaimed Water Master Plan update will be completed within six months.
.~:~.,:' "'4""_. '''''''''~':.'':'''''~'. .-.r'n:.'~ ::"'-~:.,'''~'.''.''''l':>''''. -. .. ..',....,.. ,'{"':.;,..J'... . .....,'_:......-.: .. ' ...,1, 'f':'
Jul-la~oo 02:51P Publ;c Ut;lities
727-462-6559
P.02
Table.0-1
SUMMARY OF PROJECTS
-
-."
.. Service Area Constructi on Cost Project.fimeline
9 (North Beach) $2,500,000 1999
..- - _.....,.. -
27 (South Beach $2,229.680 2000
...
Northeast Storage $3,557,500 1999/2000
......._,
Marshall Upgrade $500,000 2001
ICW Crossing $1,545,750 2001
~.
1 (Harbor Oaks) $4,125.978 2002
.....01.....
DelOra Tank $438,750 2003
2 (Del Oro Groves) $2.377,121 2003
11 (Clearwater Harbor) $3,988.454 2004
7 (E. Drew Street) $3,223.091 2005
-. -~-'"
East Pump Station $1,039,500 2006
20 (Lake Park/Mission Hills) $2,924,066 2006
,"- ..\ ..
4 (Coachman Ridge) $2,152,589 2007
5 (Old Coachman) $3.667,667 2008
-
Palmetto 51. Tank $2A97,500 2009
.
10 (Palmetto Street) $5,578.605 2010
-
26 (Skycrest) . $3,966,044 2011
- ...-. .-.
3 (Hercules Industrial) $3,251,327 2012
.. ..
17 (DowntownlCountry Club Estates) $3,567,625 2013
"-
13 (Downtown/Glen Oaks) $4,238,561 2014
Northeast Tank #2 $2,227,500 2015
.. , _.
21 (Seville) $1,638,887 2016
....-
24 (Woodmont) $3,059,303 2017
. "'Iloo_...
6 (North Greenwood) $3,967,394 2018
.
8 (Morningside) $3.159.020 2019
. - .. I
TOTAL $71,421,908
-.. ..-..
Reclaimed Water Master Plan Update
0992.0042
October 1998
City of Cfea1Vllater
Page 0-2
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Clearwater City
Commission
Agenda Cover Memorandum
Final Agenda Item #
7/17/00
Meeting Date: 7/20/00
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
D and that the appropriate officials be iluthorized to execute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater
BACKGROUND:
5 Year
Patricia S. Cooke
James Fields, Jr.
Sharon Hope Rodriguez
Charles M. Gibson
Trevor D. Murray
Glenn A. Witko
Greg A. Zinge
Jean G. Ross
Cindy A. Jones
William L. Wilson, Jr.
1 0 Year
Sean P. Allaster
Sheila M. Waters
Thomas H. Miller
Arleen J. McGuire
Mark E. Serio
Thomas S. Long
Laura J. Dann
Steven Desimone
Victor J. Myerscough, Jr.
Madra E. Matthews
Barbara A. Hagen
Police
Police
Police
Fire
Fire
Fire
Fire
Public Utilities
Library
Public Utilities
15 Year
Raymond L. Niski
Bruno P. Yankus
Robert J. Baxter
Police
Public Utilities
Public Utilities
20 Year
Ronald J. Nessler, Jr
Godfrey C. Howell
Gary K. Wooldridge
David C. Little
Public Utilities
Public Utilities
General Services
Information Tech.
25 Year
Charles E. McAbee
Public Services
Police
Police
Engineering
Public Services
Public Utilities
Parks & Recreation
Library
Gas
General Services
Human Resources/Finance
Customer Service
Reviewed by: Originating Dept: Costs
l~gal NA Info Tech NA Human Resources Total
Budget NA Publ ic Works NA User Dept. Funding Source:
Purchasing NA DCM/ACM Capliallmprovement Current Fiscal Year
Risk Mgml NA Other NA Attachments Operating
Other
Appropriation Code:
0 None
Rev. 2/98
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George C. Byrnes
825 South Gulfview Blvd. AIOl
Clearwater Beach, Florida 33767
727-443-6091
MAYOR AND COMMISSIONERS.
20 July 2000.
I am George Byrnes condo owner of Admiral House, Clearwater Point for past 30 years,
the best decision I ever made, and I'm a member of your Fiscal Review Committee.
ACTION DOWNTOWN REDEVELOPMENT.
"I didn't come to praise Caesar nor did I come to bury Caesar"!
The tiole is now for all the good citizens of Clearwater to come together, with civility, and
put our efforts together for the benefit of the community.
I hold the following to be self evident. I BELIEVE:
1.- I believe we have been attempting the transition from a caretaker government
to one that wants to accomplish everything yesterday.
2.- I believe the greater majority of the electorate wish redevelopment of
Downtown as evidenced by the yes votes on two of the referenda.
3.-1 believe the opposing views can be ameliorated and brought together,to include
the developers, public and the City Government, brought together with
respect and to bring forth an appropriate full and complete architectural,
financial and timing plan which the electorate would approve.
4.- I believe virtually everyone is well aware of the basic concepts of the plan and
the timing couldn't be better.
5.- I believe Commissioner Clark suggested a Task Force over two months ago
and Commissioner Hart has been asking "Where's the Beef' and a citizen
at the first information meeting in Countryside asked for the financial plan
and he liked the architectural plan.
6.- I believe we have an Economic Development Director who together with a
Task Force comprised of independent citizens with appropriate
backgrounds and who could be charged with the following:
a.- Determine the public interest in redeveloping downtown.
b.- Bring all the parties together and put together a complete and suitable
financial and timing plan.
c.- Place the findings in the public domain as all encompassing as possible.
d.- Survey the public as Gayle Sieren and TV Channel 8 did with recent
vote and which survey was right on the money.
e.- Report back ASAP to the Commission.
THE OPPORTUNITY IS NOW, THE ACHIEVEMENT
WORTHWHILE AND THE REWARDS IMMEASURABLE!
Gentlemen- I believe the n~jority want redevelopment; I believe my generation represents
a large percentage and will support a complete and appropriate plan;I believe most of us
liked the basic concepts and want them modified and implemented;I believe a Task Force
could bring the parties together to this end; I believe in Clearwater and have for 30 years.
YOU BET I BELIEVE!
McGUIRE
LAW
OFFICES
· JOHN F. MCGUIRE. ESQ.
ELYSEM. MCGUIRE. ESQ.
.-JOHN A. SMIlTEN, ESQ.
(. JASON BANGOS, ESQ.
\. ~ 'If ALSO UC,,"SEO IN MICHIGAN
:"~ ALSO l1","SEO IN HEW YO"
\..~ ~ Mayor Brian Aungst and the Clearwater City Commission
~ \~~ City Commission Meeting
~ U Clearwater. Florida
RE: Hearing on Mr. IvUke Roberto, City Manager
1173 N.E. Cleveland St.
Clearwater, FL 33755
Phone (727) 446-7659
Fax (727) 446.0905
A Professional Association
July 20, 2000
GAIL SMITH KRYLA, Paralegal
Dear Mayor and Commissioners:
I personally worked hard on the Citizens for a Better Clearwater vote yes campaign. I am
satisfied with the results because I understand the will of the people. I am not bitter with
the results.
Immediately after the election I flew to London to watch my client Francois Botha fight
Lennox Lewis for the heavyweight championship of the world. It was disappointing to
see someone train so hard, only to get knocked out in the second round. When I returned
from London to see our City manager getting knocked out in the second round as well, it
was not only disappointing, but I am thoroughly disgusted with these recent
developments.
Contrary to popular belief, the recent referendum failed for two reasons:
1. The issue regarding the one dollar a year lease clause:
. Mr. Roberto fought to change this four months ago, but the developer
refused.
2. The perception that this commission had cut a secret deal with the church of
scientology for the bayfront properties.
. Mr. Roberto offered to add a reverter clause which would have reverted
the leased lands back to the city if the developer failed, but this too was
shot down.
Anyone on this commission who attempts to lay blame on this city manager is self
serving and shows signs of a true lack of character.
SUCH SIGNS OF WEAKNESS SHOULD NOT BE TOLERATED.
NOT HERE, NOT NOW.
On this commission before you today is an elected official seeking John Moroni's seat,
one who wants Jack Latvala's seat, one who wants Larry Crew's seat, one who wants to
be the new mayor, and one who wants only to retire. Tonight I wish that you would each
consider not what helps YOLl in your own individual careers, but rather consider what is
right, and show this community the depths of your integrity, intelligence, and character.
. ,
I
Mayor Brian Aungst and Clearwater City Commission
July 20, 2000
Page Two
If Me. Roberto is to leave his post, he should be rewarded for his tremendous efforts and
accomplishments. A severance is different from a termination, and you need to do what '
is fair and not try to lay blame where it does not properly belong.
Sorry I couldn't be here. as I am away on business, but I look forward to watching this
meeting when I get back.
Thank you for your dedicated service, and it is at times like this that I am glad I am not in
your seat.
profess nal regards,
os, ;k-
f John McGuire, Esquire)
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Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item 1/
8
Meeting Date: '] . cl"t .00
SUB)ECT/RECOMMEN DA liON:
Approval of the City of Clearwater's Fiscal Year 2000-2001 Consolidated Plan along with a five year consolidated
plan as required by HUD
D and that the appropriate officials be authOrized to execute same.
SUMMARY: The U. S. Department of Housing and Urban Development (HUD) requires communities that
receive entitlement funding to prepare a comprehensive five year plan which evaluates the needs of the
community and sets forth strategies to address those needs. In addition, the City is required to create and
implement an annual statement identifying the sources and uses of federal money for housing, community and
economic development. These plans, called the Consolidated Plan provides HUD with a single comprehensive
planning document that identifies local needs and how allocated funds are used to address those needs.
The Consolidated Plan goals are to develop viable communities, provide safe and affordable housing, and
expand economic opportunities for very low to moderate-income persons. This year's Consolidated Plan
allocates federal and state funds to provide housing opportunities to low to moderate income families for new
and existing homes, job training and placement services, construction and/or renovation of public facilities, and
to fund programs which assist the homeless, single parent households, the elderly, the physically challenged and
children.
In Fiscal Year 2000/2001, the City is due to receive federal funds in the amount of $1,001,000 through the
Community Development Block Grant Program, $463,000 through the HOME Program, and $854,29<) fi'om the
State of Florida through the State Housing Incentive Partnership Program (SHIP). Funds provided through the
HOME and SHIP Programs are limited to housing activities. Funds provided through the CDBG Program may
be used for housing, economic development, code enforcement, public services and facilities, relocation,
demolition, and administration.
Each year, the City is allowed to allocate 15% of its budget for Public Services. Under this category, agencies
competed for $150,000. The City's Housing Division received requests for funding in excess of $500,000. A
Technical Review Committee (TRC) comprised of professionals in the social service grant industry and the
Neighborhood Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored them and set
forth a strategy to allow as many agencies as possible to be funded. The following agencies are recommended
for funding: Boy's and Girls Clubs of the Suncoast, Inc., Clearwater Homeless Intervention Project, Inc. Girls
lnc of Pinellas, Lockheed Martin: Pinellas Works!, Partners in Self Sufficiency, Inc., Pinellas Opportunity
Council, Inc., the Kimberly Home, Inc., and the Mustard Seed's TUll1ing Point program. Remaining agencies
not selected may apply for the City's Human Relations Grant program that will be available in the near future.
NA
,
'\ \ /'
Housing Division \..r____
User Depl. flk!0r
Attachments
Costs
Reviewed by:
Legal NA
--
Budget ~.A.
Purchasi nl/NA
Risk Mgmt NA
\
Originating Dept:
Info Tech
NA
NA
Funding Source:
Total
CDBG/HOME/SHIP
Public Works
DeM/ ACM
Other
l.,\pli.tl IIJllH(,\,lIl\'.' ,
()pt!r.lhl1g
C:!I11,r
Appropriiltion Code:
Submitted hy: \
City Manager I
a Printed on recycled paper
-------------..
o None
Rev. 2/98
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This year's scoring system incorporated the following: In February,City Staff advertised fund availability and
conducted a workshop for interested applicants. The applicants were given thirty days to complete their
applications and return them to tllc City. Applicants were given an opportunity to showcase their program to the
Tec1mical Review Committee and the NAHAB during a bus tour. City of Clearwater staff reviewed each
application to ensure it met HUD's baseline requirements. This step is performed on a Hpass/fail" basis. All
applicants passed this step for FY 2000/2001. Applications were distributed to the NAHAB and TRC. The TRC
reviewed the applications on the basis of the technical merits of the application, the NAHAB scored on the basis of
their knowledge of the organization and its impact on the community. The weight of the TRC and NAHAB scores
were 50/50. The NAHAB met twice to discuss the scoring and adopted a sliding scale that allowed the top two
scorers to receive 60% of their request, the second two received 50% of their request, the third two received 40%
of their request, one at 30% and one received 15% of their request. The cut-off score was 60 points. This allowed
the maximum number of applicants to receive funding.
Attached is the 2000-2005 Consolidated Plan, the 2000/200 I Action Plan and the funding matrix.õ
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TOTALS 120,000 27,001 147,001
Consolidated Plan Funding Application
Page 21
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City of Clearwater, Florida
Consolidated Plan
2000-2005
Table of Contents
. -
Executive Summary 1
Citizen Participation and Consultation Process 5
Community Profile 1 0
Housing Needs Assessment 13
Income Categories of Persons Affected 14
Substandard Housing Conditions and Over Crowding 14
Needs of Homeless Persons 14
Persons with Special Needs 16
Frail Elderly 17
Mentally III 18
Developmentally Disabled 18
Physically Disabled 18
Alcohol or Drug Addiction 19
AIDS 19
Lead Based Paint Hazards 20
Housing Market Analysis 23
Housing Supply 23
Cost Burden and Severe Cost Burden 24
Need for Affordable Housing Units 25
Areas of Low-Income and Minority Concentration 25
Public and Assisted Housing 26
Inventory of Facilities and Services for Homeless 28
Special Needs Facilities and Services 29
Barriers to Affordable Housing 30
Available Resources 31
Non-Federal Programs 32
Other Resources 32
Strategic Plan and COlnmunity Development Summary 37
City of Clearwater Consolidated Plan
,
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, .
"~' . .
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'. \
Affordable Housing
Homelessness
Other Special Needs
Non-Housing Community Development Plan
Barriers to Affordable Housing
Lead Based Paint Hazards
Anti Poverty Strategy
Coordination
Public Housing Resident Initiatives
Action Plan
Resources
Activities to be Undertaken
Public Services
Public Facilities and Improvements
Housing Programs
Economic Development
Geographic Distribution
Homeless and Other Special Needs Activities
Other Actions
Public Housing
CHDOS
Application Process and Monitoring
Program Over View
Application Process
Funding Implementation
Monitoring and Record Keeping
The Combined Application
Appendices
Certifications
Citizen Participation Plan
Glossary
Public Housing Plan
Neighborhood Revitalization Strategy
SHIP Local Housing Assistance Plan 2000-2003
Program De~tion: City of Clearwater Housing Pool
38
41
42
42
43
43
43
44
45
46
47
47
48
48
49
50
51
51
51
51
52
52
52
53
53
53
City of Clearwater Consolidated Plan
City of Clearwater, Florida
Consolidated Plan
2000-2005
-
--
1. Executive Summary of the Consolidated Plan
The Consolidated Plan for the City of Clearwater has been prepared in response to the
consolidated process developed by the U.S. Department of Housing and Urban
Development CRUD) for two of its formula grant programs: Community Development
Block Grant (CDBG) and HOME investment Partnerships (HOME). The Consolidated
Plan replaces all HUD planning and application requirements with this single submission
that will satisfy the minimum statutory requirements for participation in the two
programs. Also combined in this Consolidated Plan are goals and objectives related to
the State Housing Incentive Partnership Program (SHIP). The purpose of including the
SHIP program is to provide a comprehensive plan for all housing and community
development related funding for the City.
The Consolidated Plan is intended to serve the following functions: 1) A planning
document for the City which builds upon a citizen participation process; 2) An
application for federal funds under HUD's formula grant programs; 3) A strategy to be
followed in carrying out HUD programs; and, 4) An action plan that provides a basis for
assessing performance.
This plan has described housing needs and market conditions, prepared a housing and
homeless needs assessment, set out a five year strategy that establishes priorities for
meeting the needs, establishes a one-year action plan that outlines the use of resources
and identifies resources anticipated to be available.
The five-year strategy includes priorities for assisting categories of residents and types
and locations of activities to be undertaken. The City of Clearwater has established the
following basic goals for its programs in keeping with its community theme of One City:
One Future: 1) Providing decent affordable housing; 2) Assisting the homeless; 3)
Increasing public services and facilities to improve the safety of the neighborhoods; and,
4) Expanding economic opportunities for low-and moderate-income people by creating or
retaining jobs or creating and or expanding businesses in low incorne neighborhoods.
In keeping with federal regulations, this summary may be viewed at the following
locations:
The City of Clearwater
112 South Osceola Avenue
Clearwater, FL
Clearwater Main Library
100 North Osceola Avenue
Clearwater, FL
Clearwater East Library
2251 Drew Street
Clearwater, FL
City of Clearwater Consolidated Plan
Page 1
Citizens will have 30 days to review the document and submit comments. Citizens'
comments on the plan should be submitted to the City of Clearwater's Housing Division
112 South Osceola Avenue, Clearwater, Florida. A summary of these comments or
views, and a summary of any comments or views not accepted and the reasons therefor,
will be attached to the final Consolidated Plan.
A. Consultation and Citizen Participation Process
In February and March 2000, a series of public workshops were conducted by City of
Clearwater staff, each focusing on a specific area of need in the community. Those areas
included housing, public housing, homelessness and special needs, economic
development and public services. The meetings were held individually so experts in each
field could be brought in to discuss existing programs and trends. In addition the
workshops allowed participants to focus specifically on topics related to each area of
concern. In each workshop, participants outlined issues and concerns, and prioritized
them. The workshops were concluded with a visioning exercise in which each participant
was asked to focus on the future and how they would like to see the cOlnmunity improve.
The City of Clearwater also collaborated with Pine lIas County, other nearby jurisdictions
and a variety of agencies and organizations in the community. The City's Neighborhood
Affordable Housing Advisory Board (NAHAB) was also asked to participate and provide
recommendations related to this plan.
The City of Clearwater developed the Consolidated Plan under the guidelines of its
Citizen Participation Plan.
B. Housing Market Analysis
Based on information available, the City of Clearwater describes the significant
characteristics of its housing market, including housing supply, demand, condition and
cost. The section focllses on the needs of the low- and moderate-income residents in the
community. In addition, the market analysis describes the availability of hOllsing for
special needs populations.
c. Housing & Homeless Needs Assessment
Using data compiled by the Pinellas County Coalition for the Homeless, it was
establ;.shed that on any given day there are estimated 3200 homeless persons in Pinellas
County. Seventy seven percent of this group are non-elderly adults aged 18-59. Twenty
one percent are children under the age of 18.
The primary causes of homelessness include alcohol and drug use, unemployment, and a
lack of affordable housing. In youth, the primary causes of homelessness include
household issues, psychological, social or school issues, physical and emotional abuse or
issues related to the justice system.
City ofClealwater Consolidated Plan
Page 2
Through its community input, the City has identified the need for several programs to
assist homeless youth, provide more transitional living facilities, and more medical
programs for the homeless.
D. Strategic Plan
In this section, the City establishes priorities for assisting low-income residents in
obtaining affordable housing based on an analysis of the City's needs, market and
inventory. Also factored in are neighborhood development strategies and the City's
. priorities related to economic and community development activities.
E. Action Plan & Allocation for Fiscal 2000-2001
The purpose of community development programs is to develop viable urban
communities by providing decent housing and a suitable living environment. This is
accomplished by a nlulti-pronged approach.
First by strengthening the existing housing stock though rehabilitation, and expanding
housing opportunities by constnlcting new residences on an infill basis. Second, by
stimulating economic opportunities through business development, job creation and the
training of prospective employees. Finally, by ensuring the preservation of viable public
services and public facilities to enhance the opportunities and lives of low-and moderate-
income individuals.
The City of ClealWater identifies its primary goals and objectives then, through a
competitive process allocates its funds to its sub-grantees.
F. Monitoring
The Monitoring Section describes the standards and procedures that the City will use to
monitor activities carried out in the plan and will use to ensure long-term compliance
with the requirements of the program.
G. Maps
M!PJ. depicts points of interest in the City
Map 2 depicts points of interest in the low-moderate income areas.
Map 3 depicts points of interest, low-moderate income areas and minority concentration levels.
Map 4 depicts points of interest, low-moderate income areas and unemployment levels
MapS depicts low-moderate income areas and proposed HUD funded projects.
City of Clearwater Consolidated Plan
Page 3
,;':
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H. Appendices
1.
2.
3.
4.
5.
6.
7.
~', . 8.
0
..
'-;f" 9.
'~
Certifications
Citizen Participation Plan
Glossary
Public Housing Plan
Neighborhood Revitalization Strategy (1995)
SHIP Local Housing Assistance Plan 2000-2003
Program Description: City of Clearwater Housing Pool
Homeless Needs Survey
Statistical Data: ClearwaterlPinellas County
City of Clearwater Consolidated Plan
Page 4
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"Five years from now, I would like to see strong, visible and
viable partnerships between the City of Clearwater, Clearwater
Housing Authority, non-profit agencies, and private
entities...With the City of Clearwater taking a leadership role
in this process."
Vision Statement from Consolidated Planning Workshop Participant
2. Citizen Participation and Consultation Process
The City of Clearwater has worked diligently to include its residents, stakeholders,
community leaders, agencies and local businesses in its planning processes. As it
adopted its One City: One Future theme, the City heralded a new focus on community
based planning. The first step in this process was to establish a Neighborhoods Division
whose sole purpose was to work with neighborhoods and residents to develop specific
strategies for improving the community one neighborhood at a time. The Neighborhoods
Division links with other divisions and departments such as the Housing Division, the
Economic Development Department and others to create individualized plans on a
neighborhood by neighborhood basis. As the City of Clearwater enlbarked on its
Consolidated Plan, it drew upon the infonnation gathered over the past several years as
well as conducting individual workshops open to the public in which housing community
and economic development issues, strategies and activities were discussed.
A. Citizen Participation Plan
In keeping with the requirements of 24 CFR parts 91,92,570,576 and 968, the
City of Clearwater adopted a comprehensive Citizen Plan. This plan is designed
to take actions to encourage the participation of all citizens, including minorities
and non-English speaking persons, as well as persons with mobility, visual or
hearing impairments. The City of Clearwater encourages citizens to participate in
the development of this consolidated plan, any amendments to the plan and the
program performance reports. Please see the text of the entire plan as an appendix
to this document.
B. Consultation Process
When embarking on the Consolidated Planning process, the City determined that
small focused workshops would be beneficial in obtaining information as to the
The City of Clearwater determined that a central focus for its community
development resources was preferable and targeted a low- to moderate-income
geographic area known as North and South Greenwood. This area incl udes the
majority of low-income census tracts. The housing stock is among the oldest in
Clearwater and in most need of repair, and revitalization. Also, the residents of
North and South Greenwood draw upon social services at a higher rate than
residents from other parts of the community since many of the social services
have income related components,
City ofCiearwater Consolidated Plan
Page 5
needs of the community as well as the strengths already existing in the
community. Participants in the workshops focused on the North and South
Greenwood areas, although it is understood that most of the programs offered are
available Citywide.
Community leaders from the North and South Greenwood neighborhoods,
residents, and a variety of service providers were included in the Workshops.
Further, in keeping with the City's Citizen participation plan, all nleetings were
advertised in the newspaper giving the required notice in advance of the meetings,
The workshops contained three basic components. First, descriptions of existing
programs were provided, along with economic forecasts and data and statistics
related to the workshop topics. Next, a discussion of new trends, needs and
weaknesses in existing programs were discussed. Finally, a listing of needs was
created and prioritized. The workshops closed with each participant preparing a
vision statement outlining where they would like to see the community go within
the next five years.
C. Activities Conducted
On February 24, 2000, Housing Professionals including those in the construction
industry, bankers, non-profit agencies specializing in housing development, home
builders, members of the NAHAB Board and other interested parties attended the
first of five workshops to discuss trends, needs and concerns related to housing.
The City of Clearwater is a mature community with an aging housing stock and
very little available land for new construction or growth. Over the past several
years, housing efforts have centered on rehabilitation or redevelopment on an "in-
fill" basis. These activities have resulted in slight increases in property values and
an improvement in the appearance of some areas of the North/South Greenwood
community.
The Workshop included comments from local non-profit agencies providing
statistics on their activities over the past five years as well as from the real estate
sales community, the contractors and builder's association and an economic
forecast from the banking community. The group then focused on several
questions starting with "How do we":
. Make Homeownership more accessible
. Make development and redevelopment easier
. How do we improve and upgrade our neighborhoods
. Develop more affordable rental properties
· Address the needs of the elderly, disabled and other special needs residents
. Build partnerships to implement strategies?
The group then established a list of issues, concerns and barriers that incI uded the
following:
City of Clearwater Consolidated Plan
Page 6
. Affordable new construction including an impact fee waiver program,
improved perception of working with the City on construction projects, a
Contractor's Clearing House with information on available projects,
assistance with zoning issues, assisting in lobbying the State to increase its
maximum home purchase price for affordable housing projects.
. Strengthening homebuyer education programs to include post closing
assistance, foreclosure intervention and property maintenance issues
. Creating a City land bank
. The development of a comprehensive program for housing for the disabled.
When asked to prioritize, the attendees identified homebuyer education programs
as the area in most need of resources and focus for the City. It was also noted that
interest rates are rising again as well as construction costs. These developments
may discourage new construction in low to moderate-income areas. The result
may be the return to rehabilitation of older homes until market conditions change
or programs are designed to stimulate new construction. These matters will be
addressed in the strategic planning portion of this document.
In March, the issue of Public Housing was discussed and generated the following
list of concerns:
. More mentally disabled residents reside in public housing. This growing
population lacks basic coping skills such as anger management, and the ability
to focus to complete an education. This group has not been successful in
participating in the Welfare to Work (W AGES) program and tend to "job
hop".
. More residents are in need of life skills training 100-600 prospects are on the
Housing Authority's waiting list at any given time
. The community lacks effective programs for older teens leaving them with
few "supervised or directed" programs
On a positive note, those who can participate in self-sufficiency programs are
graduating and doing very well. This is due, in part to Partners in Self
Sufficiency, a program operated by an affiliate of the Housing Authority and the
mandated Welfare to \Vork program.
Those participating in the Public Housing identified mixed income housing and
housing for mentally disabled as priorities,
"Over the Next five years, I would like to see a successful
public/Private partnership that is truly motivated to help people
succeed both personally and professionally. 11
-Participant in the Economic Development Workshop
City of Clearwater Consolidated PI un
PHgC 7
Suggested programs from the economic development group included:
· Employee training prograrns that include literacy programs, employability and
technical skills, and that provide after ernployment follow-up and support.
· Transportation and child care programs
. Training for small business start-ups
. Money for small businesses
. Create private sector partnerships such as a uCorporate Angels" progranl
. Strengthen partnership with the County
. Design programs to really help the employee
. Ongoing mentoring for employees
. Find a way to deal with arrest records
. Standardize or collaborate with lenders to develop programs for small
business loans.
Of these, participants in this workshop identified comprehensive employee
training programs to be the most important in creating a successful work related
program.
Also in March the Homeless and Special Needs workshop was conducted.
Proticipants identified the following needs in the community:
. Youth transitional living facilities
. Street outreach programs for youth
. Youth maternity services
. Medical programs
. Progranls for dealing with populations who are communicably ill
. Onsite mental health services
. Programs for recent inmates groups
. More transitional housing
. Money for programs
The Homeless and Special Needs work group indicated that money for operating
their services was a necessity. They indicated that often they receive funding for
one year and not the next breaks program continuity. Further, the populations
being served have no way of paying for the services and it is often difficult for
smaller agencies to provide services and develop other fundraising programs.
Finally, a general Public Services workshop was conducted that included those
providing and or receiving services not included in the above workshops,
Professionals from community development programs as well as programs related
to children and youth participated in this workshop,
Needs identified by this group included:
City ofClearwatcr Consolidatcd Plan
Page 8
· Consolidating family resources into a campus style format so that those
seeking assistance do not have to travel throughout the county for assistance.
· Transitional housing for youth populations
· More transitional, and SRO housing
· Supportive housing for HIV and AIDS populations
· Assistance with Lead Based Paint and Asbestos abatement in public facilities
· An Inebriate Receiving Center
· Transitional housing for teen mothers
· Seniors programs
Also discussed were methods to increase funding from other sources. Ideas
included
· Teaming up with other agencies to share staff and resources
· Legacies, giving plans and annuities
"Funding for program operations is much harder to cane by
than capital improvements and facilities..its great to have a
new building..but you need money to continue operating in
it."
-Pnrtic:ioant in t:hp. Public: Bp.rviC:8fl Work:=;hon
D. Results
The City of Clearwater has focused many of its strategies on the comments and
suggestions of the participants of the planning workshops, Between the
workshops, the neighborhood focus and the studies conducted over the past five
years, the City of Clearwater has embarked on a collaborated strategic approach
that we believe will continue to draw the community together and fulfill the One
City One Future citywide program for community improvement.
City of Clearwater Consolidated Plan
Page 9
3. Community Profile
The City of Clearwater has traditionally been a destination for vacationers and was
recently designated the Best City Beach on the Gulf of Mexico according to Dr.
Stephen Leatherman, a Florida International University professor who has been
ranking Amedcans beaches for eight years.
Although Clearwater is also known as a retirement community, the median age of
residents has dropped to 45.1 years of age. With this change in median age,
community focus is changing. Economic development activity, stronger
neighborhood redevelopment efforts and the devcloPluent of quality educational
programs are now important issues in the community.
Since 1984, the Tampa Bay Metropolitan Statistical Area (Hillsborough, Pinellas,
Pasco and Hernando counties) has maintained the number one position in the state for
population, households and effective buying income. Pinellas County is the state's
most densely populated county with 3041 people per square mile, almost triple the
density of Broward County, the second most densely populated county.
A. Location and Quality of Life
The City of Clearwater is located in the heart of Pinellas County, cutting East
and West across the peninsula. At its eastern most point, Tampa Bay, the City
of Safety Harbor and an unincorporated area of Pinellas County bound the
City. To the West is the Gulf of Mexico. The Southern boundary of the City
meets the City of Largo, and to the North, lie the Cities of Dunedin, Palm
Harbor and an unincorporated area of Pine lIas County.
The estimated median age for the area is 45. I. The median age has dropped in
recent years but is still higher than the state average of 38.5. Clearwater area
residents are more affluent than households statewide. In 1999, the estimated
income distribution for households shows that 15% of the households have
annual incomes of less than $25,000, 490/0 of the households have incomes
from $25,000 to $49,999 and 36% of the households have incomes exceeding
$50,000. Median income for the area is $38,629.
B. Government Structure
The City of Clearwater operates under the City Manager fonn of government.
The City Manager reports to the Mayor and four City Commissioners. The
Commissioners are selected on an "at large" basis and serve terms of three
years.
The Commission is responsible for setting policies on local government issues
including tax rates, annexations, property code variances and large contract
awards.
City of Clearwater Consolidated Plan
Page 10
The Commission strives to maintain Clearwater's reputation as an innovative
leader in the delivery of municipal services while developing programs,
practices, policies and procedures that work within a conservative budget and
strive to achieve a high level of citizen satisfaction.
c. Demographic Trends
The City of Clearwater has a present population of 105,028. The population
is forecasted to increase to 108,255 in the year 2005 and to 111,319 in year
2010. The population of the City is relatively middle age. There are 21,381
people living in the city whose ages are between 0 to 19 years of age. The
population for the age group 20 to 39 is 25,819. There are 25,152 people
living in the city between the ages of 40 to 59 years of age. The largest age
group for the residents of the city is between 60 years or older. There are a
total of29,072 people in this age group. The median age is 45.1.
Over the past five years, the City of Clearwater has experienced an influx of
emigrants from Mexico. While most have relocated to Clearwater on a
temporary basis, others have become U.S. Citizens, The influx of this
demographic group brings special challenges to Clearwater. First, this group
does not speak English or Spanish, but rather an indigenous language from
their region in Mexico, Second, while most of the emigrants have work visas,
many are in the United States illegally. Both Anlericans and other Mexicans
sometimes exploit this group. Finally, social, educational and support
services must be revamped to assist. Currently, the City has little
demographic information and is awaiting 2000 Census data for further details.
Meanwhile, local social service agencies have been working to address the
needs of this group.
D. Economic Conditions
The Tampa Bay area has been named in the top four metropolitan regions to live
in, and boasts a strong business climate. U.S. Bureau of Labor Statistics reported
that the Tampa Bay region had the largest percentage increase in unernployn1ent
in all the nations big labor markets from September 1998 to September 1999.
Clearwater has enjoyed the benefits of being located in the center of the area and
plays an important role in providing jobs in the region.
The City of Clearwater has actively recruited businesses to the City that provide
high-level wages to the employment sector. Recent newcomers include IMR
globars world headquarters that brought over 1000 new jobs, Hercules
Hydraulics built a new 72,000 square-foot building and the development of the
corporate headquarters ofVerifone, which is a subsidiary of Hewlett Packard,
City of Clearwater Consolidated Plan
Page 11
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The economy is driven by Clearwater's largest industry: tourism. In addition,
Clearwater is home to a wide range of industries including computer components,
surgical instruments, data communications and other high technology companies.
Pinellas County is the anchor of Florida's high-tech corridor. Eighteen percent of
all the 1651 high tech companies are located in Pinellas County. In addition, 700
are registered in the City.
Historically and today, down town Clearwater is a major business center and
county seat of Pine lIas County. During the past few decades, however, downtown
Clearwater's position as a commercial center has slowly eroded as customers and
sales have increasingly been drawn to strip shopping centers and shopping malls
that have proliferated throughout the Tampa-St. Petersburg-Clearwater
Metropolitan Statistical Area. While the Clearwater area thrives, the down town
area is in need of revitalization. The City Management has focused efforts and
resources to a down town revitalization program that is designed to enhance the
water front and attract businesses and jobs back to the downtown.
Downtown Clearwater is classified both as a Brownfields area and an Enterprise
Zone. These designations allow significant tax incentives for companies
redeveloping this area and brining jobs to the downtown core.
Brownfields legislation provides funds for environmental cleanup as part of an
effort to revitalize the community in which the property is located. Funds can be
awarded for environmental assessment, stabilization and cleanup.
The Enterprise Zone provides several financial incentives including jobs tax credit
for employing residents in the zone, sales tax refunds, property tax credits and
community contribution tax credit programs. Tax incentives are offered to all
types of businesses who are located within a designated Enterprise Zone.
The reader will note from the foregoing narrative that aside from some of the jobs
created from the tourism industry and light manufacturing, that ClealWater is
attracting many high skilled positions requiring advanced education and/or special
training. Participants in the economic development workshop noted that
programs must be developed for unskilled employees that include literacy
programs, employability and technical skills, and employee follow-up and
support.
City of Clearwater Consolidated Plan
Page 12
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4. Housing Needs Assessment
Clearwater has experienced growth over the past IS years. Young families and single
people have begun to settle in Clearwater in increasing numbers. Currently, the City
has over 103,387 year-round residents. Housing reports indicate a variety of home
prices from $50,000 to over $1,000,000 with the median home price being $86,500
for existing housing and $123,500 for new housing. New condon1iniums average
$84,200 and existing condominiums average $63,400, according to the Pinellas
County Property Appraiser's office 1998 statistics.
The majority of development in the City of Clearwater occurred from 1960 to 1979
during which 30,000 new housing units were constructed. In recent years, new
housing starts averaged 2,000 to 3,000 per year. This slowing of new construction is
due to the geographic location of the City and its boundaries. Clearwater has very
little remaining vacant land for new construction of any magnitude. New
construction on an "in fill" basis has been prevalent during the late 1990's.
The housing market for existing housing remains strong. This is partially due to a
. favorable economic climate and the fact that housing in Clearwater is still a relatively
good value regionally.
Rental housing will increase from 16,070 in 1990 to 17,339 in 2000. It will further
increase to 17,715 in 2005 and 18,140 in 2010 according to projections Provided by
the Shimberg Center of the University of South Florida.
Increase in Owner Occupied Housing Units by Income
Income Year 2000 Year 2005 Year 2010
0-15,000 6066 6357 6682
15,000- 5294 5529 5866
25,000
25,000- 5956 6195 6518
37,500
37,500- 5468 5705 5925
55,000
Over 7212 7572 7840
55,000
Income
0-15,000
15,000-
25,000
25,000-
Increase in Rental Housing Units by Income
Year 2000 Year 2005 Year 2010
6342 6507 6681
4643 4722 4832
3370
3446
3538
City of Clearwater Consolidated Plan
I>agc 13
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37,500-
5 5,000
Over
55,000
2075
2095
2115
911
945
974
A. Income Categories of Persons Affected
The housing forecast predicts that affordable owner occupied housing for people
30% or less of median will be at a deficit of 160 housing units by 2000, 130 in
2005 and 139 by 2010. The deficit for persons 500/0 oflnedian income will be at
316 units by 2000, 255 by 2005 and 285 by 2010. Deficits forecasted for families
800/0 of median income show a shortage of 482 units by 2000, 439 by 2005 and
535 by 2010. The shortage of owner occupied units for families at 120% of area
median income list the deficit at 688 for 2000,633 for 2005 and 828 for2010. For
fan1ilies 200% of area median it is predicted that there will be a deficit of only 4
units in 2000, and will swell to 958 in 2005 and up to 1,152 in 2010.
In the renter occupied arena the housing deficits do not appear as high. In families
whose income is 30% of median, the study concludes that only 37 new units will
be needed for year 2000. The deficit increases in year 2005 to 82 and 78 in year
2010. For families whose income is 80% of area median, the trend reverses. In
year 2000, the forecast predicts that there will be surplus of 236 rental occupied
units. This trend continues in year 2005 where it is predicted that there will be a
289 units surplus and in year 2010 where there will be 257 units surplus. This
surplus continues for families whose income is 120% of area median. In year
2000 the forecast indicates a 271 unit surplus in year 2000, 289 surplus in year
2005 and 339 unit surplus in year 2010. Surprisingly, this trend yet reverses again
for families whose income is 2000/0 of area median, The study suggests that in
year 2000 there will be a shortage of 390 units for families in this category. The
shortage continues for year 2005 and 2010, which show the need at 376 and 425,
respectively.
B. Substandard Housing Conditions and Overcrowding
According to 1990 census data, Clearwater had 1,152 occupied housing units
lacking complete plumbing, kitchen facilities, 1.01+ persons per room and/or no
heating fuel. Of those units, 947 exhibited over crowded conditions, 176 lacked
heating units, 138 lacked fully operational kitchens, and 85 lacked complete
plumbing facilities.
C. Needs of Homeless Persons
A variety of surveys have been conducted to gather data about the homeless
population in Pinellas County, Needless to say, gathering data on the homeless is
an inherently difficult task given that "homelessness" is used to describe a variety
City of Clearwater Consolidated Plan
Page 14
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of circumstances from a mother fleeing an abusive husband with her children to
long-term individuals called "street-people". It is generally recognized that a
significant portion of the homeless population move frequently about the County
and often "winter" in Florida, then return to other parts of the United States as the
weather warms, Additionally, to identify and count every truly homeless person
would require substantial resources and may still be inaccurate due to the desire
of many to remain anonymous.
Data gathered regarding the homeless is often collected when they seek shelter or
other services. Women and children often use shelters more extensively than
individuals. People using shelters often have shorter spells of homelessness,
joblessness, less institutionalization for mental health or chemical dependency
problems and more access to resources than non-shelter users. The data used in
this plan was collected by the Pinellas County Coalition for the Homeless. The
Coalition is made up of shelter providers, soup kitchen operators, churches and
non-profit organizations that provide a variety of outreach and assistance to the
homeless.
According to the Pinellas County Coalition for the Homeless, dated November
30, 1999, on any given day, there are estimated 3200 homeless persons in the
county. 77% of this group are non-elderly adults ages 18-59. Twenty one percent
of this group is children under the age of 18. 51 % of this area's homeless are
single adult males, 16% are females and 330,10 are families that mayor may not
include children.
Thirty nine percent of the homeless populations have chronic or serious alcohol
and/or drug abuse problems. Another 25% are presenting conditions of acute or
chronic mental illness. 45% have additional illnesses such as HIV or AIDS or
other disabilities.
Primary causes for homelessness in the population of single persons include
alcohol and substance abuse, unemployment, lack of affordable housing, released
from hospital or jail, nlental illness.
Causes for homelessness in family groups include lack of affordable housing, lack
of transportation, unemployment and physical and emotional abuse.
Twenty one percent of the homeless population is made up of children under the
age of 18. They are homeless because the have encountered household issues,
psychological, social or school issues, physical and emotional abuse or issues
related to the justice system,
Clearwater Homeless Intervention Project (CHIP) operates a drop-in day center
providing showers toilets, clothing exchange, telephone, newspaper, and other
services. CHIP's office is located beside the St. Vincent de Paul Society of
Clearwater Soup Kitchen and a police substation. The homeless are encouraged
City of Clearwater Consolidated Plan
Page 15
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to participate in an expanded assistance program operated by CHIP and the
Clearwater Salvation Anny.
The Pinellas County Social Services Department has a mobile medical outreach
team that provides health care to the homeless at shelters, soup kitchens and other
places where homeless people congregate. The services consist of medical care,
prescriptions, limited dental care and immunizations. Patients are seen at regularly
scheduled, prearranged stops.
The Homeless Emergency Project operated by Everybody's Tabernacle also
provides Inental health screenings, medical and dental care along with an in depth
self-sufficiency program.
Gulf Coast Legal Services provides free legal assistance via the Homeless
Outreach Attorney to the homeless at soup kitchens and shelters throughout
Pinellas County, as well as a special advocacy project for HIV infected persons.
The Community Service Foundation offers a program called Central Housing
Assistance Service that provides housing services to low and moderate income
families, single parents, handicapped, elderly and other individuals who need
assistance with housing or related problems. It provides listings of available
rental units in the low to moderate price range. Counseling is provided to assist in
locating housing based on individual needs. Mediation and conciliation services
between landlords and tenants are also provided. Countywide training in family
budgeting, tenant rights, home/apartment maintenance and qualifying for a
mortgage are also offered. These programs were designed to assist in the
prevention of homelessness.
Through its recent workshops, the City identified additional programs for
homeless which included programs to meet the needs of homeless youth,
including transitional living facilities for homeless youth, street outreach and
maternity services, More extensive medical treatment programs were also
needed, especially for the youth that cannot receive emergency care without
parental consent.
"',:,'
Programs for populations who are communicably ill, recently released inmates,
transitional and SRO housing and an inebriate receiving center were listed as
needs in the community.
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D. Persons with Special Needs
'''.:
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Non-homeless persons with special needs include sub-populations that require
supportive services in order to transition to independent living as well as those
who will never be able to live totally independently. This group includes some
elderly and fail elderly, physically and developmentally disabled; persons with
AIDS; persons with alcohol/drug addiction and the mentally ill.
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City or Clearwater Consolidated Plan
Page 16
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In 1991 the Area Agency on Aging conducted a service needs assessment to
detennine which services were identified as most needed by seniors.
Transportation for shopping and medical appointments were reported as most
needed. Following these two top categories were infonnation about services and
programs, home delivered meals, help in getting legal advice and house cleaning.
The ability to provide in-home and community services to Seniors impacts their
ability to live independently in the housing environment of their choice. Since the
elderly are no longer able to perfOlm the more strenuous chores for then1selves
and may lack the finances to hire help, homes become a health and fire hazard.
By providing these services, the elderly may live independently longer.
Neighborly Senior Services operates a chore service and provides transportation
for the elderly. In addition, Meals on Wheels operates extensively through
Clearwater.
Drug and alcoholism are also a problem among the elderly, although actual
statistics on the issue are inconclusive. The elderly do not seek help for such
problems due to stigma, pride, fear and ignorance. Suicide rates among the
elderly are the highest of any age group and are a particularly serious problem in
the Tampa Bay Area. Substance abuse is primarily related to alcoholism and
misuse of legal drugs.
E. Frail Elderly
There are currently more than 3 million Floridians age 60 and older, representing
nearly one forth of Florida's population. These older adults serve as a greater
resource to Florida's economy and some 80% of them are able to function without
assistance. For the remaining 20% and their care givers, and particularly for the
rapidly increasing group who are 85 and older, Florida needs to provide cost
effective community resources and alternative living arrangements so that they
can live out their lives in the environment of their choice (TCOPE, p.83), In
Pinellas County the 60+ population comprises 32% of the total number of persons
in the County. Using the figures from the National Medical Expenditure Survey,
approxinlately 30,000 seniors (or 11 % of the 60+ population) have some
limitation for which they need assistance (ICOPE, p.83).
Seniors age 85 and over are the fastest growing segment of the District 5 HRS
population. This age group has the most psychopathology; in fact, it increases
with each decade of age. Thus, this group is at a very high risk for depressive
disorders as a result of their increased dependency and the concomitant multiple
adaptations, changes and losses they experience in rapid succession without
adequate time for grieving and adjusting. In addition, there is a large number of
seniors who have migrated to this area leaving behind familial roots and support
systems only to find themselves living in isolation as their dependency needs
increase. Nationally, 80% of the elderly live in the vicinity of extended family,
City of Clearwater Consolidated Plan
Page I 7
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but less than 40% of the elderly in District 5 live near family (Pasco- Pinellas
ADM District Plan Update, p.ll)
The HOD supplied methodology assumes that elderly persons need supportive
housing assistance if they are both frail and low-income, since supportive housing
assistance offers services to compensate for frailty as well as financial assistance
to offset low incomes. According to data collected by Pinellas County in 1995,
5,658 elderly are very low-income and are in need of supportive housing.
F. Mentally III
Adult mental health services in Pinellas County are insufficient of meet the need
of all persons with severe and persistent mental illness, While District 5 is known
statewide for an outstanding service delivery system, it is unable to fund an
adequate balance of residential vs. non-residential services and acute vs.
rehabilitative services. Often, funding sources do not cover multiple diagnoses,
and other needs of the mentally ill. Long waiting lists exist for most services and
many components of care are non-existent (Pasco-Pinellas ADM District Plan
Update, p.v)
It is estimated that 5,400 Pinellas County residents suffer from serious mental
illness. About 3,888 are in need of supportive housing. Presently, services are
available, county wide for about 50 persons.
G. Developmentally Disabled
It is difficult to get valid or accurate assessments of the developmentally disabled
population because there is no consistent operational definition of tenninology
and environmental factors, according to the Florida Developmental Disabilities
Council. I % of Florida's residents are diagnosed with one or more disabilities
according to the Florida Office of Developmental Disabilities.
Presently, the Department of Health and Rehabilitative Developmental Services
Program serves over 1,600 persons in Pinellas County ages 0-85 years of age who
have been diagnosed as being retarded, autistic, having cerebral palsy, spina
bifida or are children 0 to 5 years of age who are at risk of becoming
developmentally disabled (ICOPE p58)
H. Physically Disabled
Pinellas County estimates that there are 89,471 persons in the County who are
visually impaired, wheelchair users or who require walkers or other aids. Of the
6,000 individuals with disabilities 31 % have physical disabilities, 13,000 county
residents have been identified as having epilepsy and are in need of medication,
case management, transpOltation and neurological services 14,000 individuals are
City of Clearwater Consolidated Plan
Page 18
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in need of services for the blind and 12,000 are deaf or hard of hearing.
(lCOPEp.59)
It has been reported that as many as two thirds of these individuals are not in the
labor force. With little more than federal disability payments, this sub-population
is in need of supportive services which include housing.
I. Alcohol or Drug Addiction
It is estimated that 10% of the adult population abuse drugs. This is based on the
national population. Based on Clearwater's population, the statistic would equate
to approxinlately 10,000 adults with substance abuse problems. While all those
abusing substances may not be homeless, drug and alcohol abuse can jeopardize
employment opportunities. Many addicted persons spend their resources in
pursuit of their chemical dependency and eventually lose their housing. Some are
able to break the cycle or keep ahead just enough to prevent total loss. When
recovery is selected, supportive housing is needed.
Currently, statistics that demonstrate the number of substance abusers who
ultimately become homeless are unavailable, however when considering that the
City currently has approximately 152 emergency shelter units available, it is clear
that more supportive housing for this category are needed.
The Housing for Special Needs Task Force stated that an inebriate-receiving
center would help those with alcohol and drug dependency receive immediate
assistance and encourage them to enter sobriety programs. Currently, individuals
are taken into police custody, taken to jail and released, An inebriate-receiving
center would allow police officers to release intoxicated persons to the facility
where they would get medical attention and be encouraged to enter further
programs offering assistance.
J. AIDS
According to the AIDS Coalition of Pinellas County, a variety of difficulties
begin when an individual is diagnosed with AIDS, Often, a patient diagnosed
with AIDS must receive federal disability coverage, and can no longer work.
This results in an immediate decrease in income in many cases. For those in their
teens and early twenties, having very little work history, disability payments are
very low, so without financial assistance and other support, many run the risk of
homelessness, Next, medications often run $6,000-$12,000 per month. Medicaid
or private insurance covers these costs however, without coverage for
medications, an AIDS patient has no chance for survival. Finally, as the disease
progresses, independent living becomes more and more difficult. Two agencies
provide housing for AIDS patients. Others must make arrangements to receive
assistance in their homes or move into a nursing facility.
City of Clearwater Consolidated Plan
Page 1 9
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Six agencies operating countywide provide case management for persons with
AIDS. These groups maintain statistics regarding their clientele. However many
individuals choose not to utilize the services of agencies and may not be included
in statistics. This is particularly true for the growing population aged 55 and over
who are not likely to seek assistance once diagnosed. Thus it is difficult to obtain
accurate statistics. However, the following statistics were obtained frOln the
Center for Disease Control and are based upon data collected through 1997.
Age at
Diagnosis
0-1 year
1 to 12 years
13-19 years
20-29 years
30-39 years
40-49 years
50-59 years
Over 60 years
Total
AIDS Cases: Age at Diagnosis Tampa-St. Petersburg, Florida
Cases Percentage
44
45
34
1357
3141
1620
479
206
6926
.06
.6
.5
19.6
45.4
23.4
6.9
3.0
AIDS Cases: Race of Patient
Race of Cases Percentage
Patient
White 4548 65.7
Black 1751 25.3
Hispanic 606 8.8
AsianlPacific 16 .2
Islander
American 4 .1
Indian
6925
AIDS Cases: Sex of Patient
Male 5860 84.6
Female 1066 15.4
Total 6926
K. Lead Based Paint Hazards
The City of Clearwater works in concert with Pinellas County in gathering
statistical data relative to lead based paint. The following overview provides
information both countywide and relative to the City of Clearwater.
City of Clearwater Consolidated Plan
Page 20
Lead poisoning remains an important pediatric health problenl, despite the
elimination of lead from gasoline and interior house paint. Lead-based paint
hazards in older homes, particularly those built before 1950, are the leading cause
of childhood lead poisoning.
Lead-based house paint was manufactured until it was banned in 1978. While the
amount of lead in paint decreased gradually from the 1950's through the 1970's,
homes built before 1978 may have been painted with lead-based paint.
In Pinellas County, 11% (41,590) of the housing stock were built before 1950,
and 65% (246,055) were built before 1978 according to 1990 census data. It is
estimated that 110/0 or 4,566 units are located in Clearwater zip codes of 33755
and 33756.
Local and State surveillance activities have identified high risk zip code areas
within the community as census block groups with over 25% of the homes built
before 1950 or as areas with over 580/0 of the homes built before 1978.
In Pinellas County, there are approximately 62,000 under the age of five,
According to 1990 census data, 8% or (656) were born in high-risk zip code areas
of Clearwater.
According the Juvenile Welfare Board, 7.3% of the county's under five
populations are living in poverty. In 1995 the county wide poverty rate was 18%,
In targeted high-risk areas of Clearwater, an estimated 23% of the children under
five years of age live in poverty. This is significantly higher than the national rate
of 7.4% reported in the 1990 census.
In 1998, Pinellas County tracked the prevalence of lead poisoning and found that
in the target zip code areas of Clearwater, the positive screening rate was six
percent. These rates are above the national average that was 4.40/0.
Community partnerships and collaboration between health, housing and
environmental programs is essential to eliminate lead hazards within the
community. Prevention efforts are targeted to reducing the sources of exposure in
the community before exposure to a child occurs, and to identifying children at-
risk. Health, housing and environmental agencies have begun working together to
educate the community, coordinate resources to address environmental hazards,
and mobilize the community to develop policies to protect young children from
lead hazards.
Pinellas County has empowered its County Public Health Unit to conduct lead-
screening clinics to screen and treat high levels of exposure to lead, This service
is available to residents of the City of Clearwater.
City of Clearwater Consolidated Plan
Page 21
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The City of Clearwater is currently in the process of reevaluating its lead based
paint policies and procedures to maintain compliance with BUD guidelines. In
addition, the City is applying for grant funds to facilitate a more comprehensive
and aggressive lead based paint program.
,',
City of Clearwater Consolidated Plan
Page 22
5. HOUSING MARKET ANALYSIS
A. Housing Supply
There are a total of 53,824 housing units in the City of Clearwater. The vacancy
rate is 4.5% for single family units and 12.10/0 based upon 1990 census data.
The condition of the housing stock is generally good. Only 138 of the housing
units lack a complete kitchen and only 85 do not have complete plumbing
facilities. The heating sources for these units vary with the primary source being
electric. Clearwater has 36,138 housing units that rely on electricity for heating,
5434 from gas, 2,187 from fuel oil, 7 from coal, 130 from wood, 26 from solar
energy, 33 from other sources and 176 with no fuel usage.
The City has a very limited nunlber of units that may be considered overcrowded.
Ninety eight per cent (43,191) of the residents live in structures at a rate of one
person or less per room. 33,186 of Clearwater's residents live with less than .50
persons per room and 10,005 who live between .50 and one person per room. 569
households live between 1.01 and 1.50 persons per room, 293 that live between
1.51 and two persons per room and only 85 who live with more than two persons
per room.
The homes in the city are fairly modem with a majority of the units being built
after 1970. Of a total of 53,824 structures, 30,813 were built after this period
while the remaining 23,011 being built prior to 1970. Most homes were built
during the period between 1960 to 1979. In this period over 56 percent (29,995)
of the total structures were built.
According to the 1990. Census, the City of Clearwater had a total of 53,833
housing units. The estimated forecast by \Vasala and Associates show 55,900 in
1995 and 57,600 for the year 2000. This shows an estimated increase of 3,767
units over the ten-year period. Of the total 53,833 housing units listed in 1990,
44,138 were occupied year round, 4,173 were held for seasonal use and 5,522
were vacant. This report shows that 37.4~~ (20,143) of the total housing units to
be rental in nature. The report lists 62.2% (33,690) as owner occupied. Of the
tota120,143 rental housing units 16,871 were list as being occupied and 27,257 of
the 33,690 owner occupied housing units were listed as having someone living in
them.
The Census shows that only 352 owner occupied units were listed with a housing
value of $30,000 or less. Another range shows that 7,657 housing units had a
value of between $30-75,000. This represents 440/0 of the total owner occupied
housing stock. The remaining 10,135 (56%) owner occupied housing units have a
value over $75,000.
City of Clearwater Consolidated Plan
Page 23
However, data from the Pinellas County Planning Department shows that homes
(single family existing and condominium units) valued at less than $30,000 has
not been available for sale during a period from 1991-1993. The report states that
that only 6.2% percent of all sales in fiscal year 1991 were for units valued at less
than $30,000. Fiscal years 1992 and 1993 show approximately the same pattern.
The percentage of all sales for this price range in 1992 was again 6.20/0 and 7.40/0
for 1993.
The most sales activity occurred in the $30,000-80,000 price range in recent
years.. Sales in this range over the three-year period show that in 1991 it consisted
of 44% of all sales, 44.5% in 1992 and 45.50/0 in 1993. Housing values over
$80,000 accounted for 49% of the sales for 1991, 49.3%) in 1992 and 47.2 in
1993.
B. Cost Burden and Severe Cost Burden
In rental households, it is not uncommon for tenants to pay more than 30% of
their household income in rent and housing expenses. Census data indicates that
of the total 3,239 rental households for tenants who earn $10,000 or less, 2,922
(90%) pay more than 30% of their income for rent. Only 317 (10%) pay less than
30% of their income. In rental households earning between $10,000 and $19,999
per year, 3,310 (72%) pay more than 30% of their annual income for rent. Only
1,261 (28%) pay less than 30 percent. In rental households with incomes between
$20,000 and $34,999, the trends reverses, of the total 4,969 household only 910
(18%) pay less than 30 % percent of their income for rent. This trend continues
for families whose rent with annual income between $35,000 and $49,000. In this
area there are 2,212 total rental households. Only 4% (89) percent pay more than
3001<> of their income for rent. Families who have yet greater income do not
generally pay more than 30% of their income for rent. In rental household were
families earn more than $50,000 per annum, only 26 of a total of 1,152 families in
this category, pay more than 300/0 of their income for rent. This data demonstrates
a need for rental assistance for families whose income is less than $20,000.
According to the 1990 Census, there are 16,788 rental units in the City of
Clearwater. The rents for these units vary from no cash rent to rents in excess of
$1,000 per month. Of the total rental units, only 758 families pay less than $200
per month for rent. There are 5,166 rental households that pay less than $400 and
7,575 who pay $400 and $600 per month. The number of rental households
paying over $600 per month is 4,047. The 1999 fair market monthly rents for the
area are $427 for an efficiency, $509 for a one bedroom unit, $630 for a two
bedroom unit, $837 for a three bedroom unit and $1,014 for units with four
bedrooms or larger.
The 1990 Census identified 12,082 owner occupied single family households who
pay a monthly mOligage in Clearwater. Only 540 (40/0) of the owner-occupied
housing units paid a monthly mortgage that was less than three hundred dollars,
City of Clclllwaler Consolidatcd Plan
Page 24
. .~. , '''." '~".:--"; ,",,:. ',' ," :,"rl ~,\'. . f :".,;",~.:;. ,.,," ,', ':, ,; I \ ," . "/". :'.
There were 2,481 (21 %) who paid less than five hundred dollars per month for
their mortgage payments. Other ranges for mortgage payments include; 3,068
(25%) who paid between $500-700 per month, 3,161 (26%) who paid between
$700-1,000 per month, and 3,372 (28%) who paid between more than $1,000 per
month for mortgage expenses.
The Census further shows a total of 1,365 families own homes with household
incomes of less than $10,000, A large percentage of families with income of less
than $10,000 pay more than 30% of their income for housing. The census
reported that 902 (66%) families pay more than 30% of their income for housing.
Some families who earn between $10,000 and $19,999 also pay more than 30% of
their inconle for housing. There are a total of 2,695 households in this category
and 1,131 (42~~) pay more than 30 per cent for housing. There are 4,518 owner
occupied units in which fanlilies income is between $20,000 and 34,999. Only
1,199 (27%) pay more than 30 percent of their income for housing. The
correlation between higher income and less families who pay less than 30% of
their income for housing continues in the new two categories. The percentage of
families who pay more than 30% for housing with incomes between $35,000 and
$49,999 is 12%. The percent for families with income of greater than $50,000 is
only 7%.
B. Need for Affordable Housing Units
In the rental category, data indicates that there is a need for additional rental units
for tenants with incomes at 80% of median income or below.
With the average cost of existing housing averaging between $55,000 and
$85,000, people with incomes less than $40,000 would have difficulty affording a
home without assistance.
Several non-profit agencies have been able to develop newly constructed housing
costing between $70,000 and $95,000, however these units are, again not
attainable to low and moderate income households without additional assistance.
Because Clearwater is nearly "built out" and new housing starts have averaged
2000 units per year, the need for housing will soon outstrip available units at all
income levels.
C. Areas of Low-Income and l\iinority Concentration
The concentrations of low-income and minority residential are located in an area
known as North and South Greenwood as Greenwood Avenue runs north and
south through the area. The two areas are located to the north and south of the
immediate down town business area, This is also the oldest part of town with the
additiona.l concern of older housing in need of rehabilitation that is a function of
the age of the housing units in the area.
City of Clearwater Consolidated Plan
Page 25
, '. :. '\.~.~.": '.' ~',l\"',/'Y~~ ~ ....:...' ',./";/:" '.... ) ./,'..-".', '11/\{'I'I"I...\I.:Jr ..;.;" \,~ ,'I.rl',." .,.... ;~" f..~..~' '\1,/, -. ",' ~ '~\ :{ tI'I'''.I\'~''."''''/' ..,:1, I':, '''1/:\ " ,",'
, \, '..., ': ,/ j ',.1 '.-4'1.\\/".,,,- J /1". " ' ,r . ..,/ ,'., '- /".:\\?;7?/ /\,~ I '// I, '.~. ", \\\.,~" -." ,,.V\. .,'~.\ '\~. \ ~.-- "./ .1'\ """,' .\ .'..., "':~ "d', I'
'''', ",', ,"\~JJ'\\' ,.,/J J ' " \-\ \",....' .', ..~" '(, l"j',',,' .. y\. '/i( l"." ',11"11'/;' ;"\'.1',' '.J, /," ,,', .,',' :'1.,":
" '... . ','t' ~ II 1;'- " 1\\ .'.'..., ,'I'. r . '" .! \\\ ~)... J ~ 'I' ";..-;........ " '\:" ,\\" \.', I'. ..f..\Y' if '\A;I!~ ",...... ,'\. . \ )',' ,', .- ,'\ ,';.,' .'.....1\' ,
. , "'~ \,..,~ ..'/ I ',~/ "#~"', "'../. ",' I, ~l IH ", ^\/...... \ ,/ \" '. ,~\.\ I.,... ~ ':\" :......\ -,'I.//~, ...,....." \ ..".,~.. .~, 10,
, . ',\ ."'.".' ',,:.'/ '.:'/.-.",1 t..,,\\, ;" J.,,' ; _".\.\:.',..'1,'.' .,\'~~l " "-') f.,., t':' '.:\. \;...\/I/~ ", ..'..,..... l';':"'~,,'" .t' I ":'.\
Low Income Concentrations by Census Tract*
Other Low Income 51-800/0 MFI ($16,318- $26,107)
Census Tract MFI
258 21,806
259.02 20,581
261 23,849
263 25,823
264 23,681
268 25,926
*Based on 1990 census data
Concentration of Black, Non-Hispanic Population*
Census Tract Total Number Percentage
258 929 260/0
261 1212 28
262 2193 93
263 1969 30
268 854 15
*Based on 1990 census data
D. Public and Assisted Housing
The City of Clearwater's Housing Authority provides 584 rental units for very
low-income households. Tenants are required to make a monthly payment that is
equal to the greatest of 100/0 of their monthly income or 300/0 of adjusted monthly
,
Income.
The Authority operates a variety of self-sufficiency and support programs for its
residents. The programs have been successful in assisting residents with a variety
of needs that range from rental assistance to educational opportunities.
Program
Public Housing
Sectior~------
Family Investment Cc.mtcr
Family sel f-sll nicil~ncy
Economic Dcv-clopmenC-- and
Supportive Services
Comp Grant
Description
584 units Public Housing
983 Certificates and Vouchers
Public Housing Self Sufficiency Program
Section 8 self-sufficiency program
Public Housing self-sufficiency program for
residents on T ANF
Capital Improvements for Public Housing
Seniors living in Barbee Towers receive a full range of coordinated home health
services and have access to on site nursing care. Assistance with food and
temporary employment opportunities for seniors is also available.
The Authority operates the following programs:
:- ~:-:
--=--="--=--
City of Clearwuter CUllsoliduted Plan
('age 26
"I '~\' ~: I / I, /. " I 'I' / \.,... : '- , 'f" \ /", I. . " ,\ " /~ I,' ."
Educational, Recreational After
School Care, Mentoring,
Leadership
Family Support Services
Neighborhood Family Center
Chi ld Care
Affordable Housing
Homeownership Preparation and
after care
Homeowncrship
Adult Daycare
Senior Employment
Food Pantry
Thrift Store
Police Sub-Station
With Boys & Girls Club, Rec Center, Girls
Inc. provide programs for youth
With JWB provide referrals, food, clothing,
funliture and counseling for Public Housing
residents
With JWB and Operation PAR provide drop
in services for all residents
With R'Club and Head Start provide child
care services to Public Housing Residents.
511 units of affordable housing
With PSS provide counseling and assistance
to achieve and continue homeownership
Sell condos to low income families
With Neighborly Senior Services, provide
Adult Daycare services
With American Association of Retired
Persons, provide employment opportunities
for seniors
With Religious Community Services
provide food for the needy
With Special People Assisting Retarded
Citizens, provide clothing and household
items for sale at reduced prices
With City of ClealWatcr Police provide
additional security to Public Housing
Residents
The following is a listing of public Housing units located in Clearwater.
Complex Bedroom Size
1 2 3 4 5 Total
Jasmine 6 75 118 66 7 272
Courts
Barbee 150 150
Towers
Fulton 12 4 16
Apartments
Homer 48 13 61
Villas
Chesapeak 12 20 2 35
Villas
R. Richards 50 50
Towers .t-.!~~
Total 207 147 155 7 584
-
City lit' CIClIfwulcr ('lInsulilllltell Plan
Page 27
While the inventory of public housing units in Clearwater average in age between
twenty and thirty years, nlost are in average to good condition. Jasmine Courts
was recently renovated and the Fulton Apartments are slated for rehabilitation in
2000.
The Housing Authority reports that the State's Wages program has helped a
number of residents become self sufficient and move from public housing into
market rate housing. However, those remaining have stronger challenges. Many
suffer from abuse, complications suffered from parental drug abuse, a lack of
education, attention deficit disorders and other mental disorders that prevent them
from taking advantage of self-sufficiency programs and long term employment.
This population will need further attention and assistance both from social service
agencies and frOln the housing community.
F. Inventory of Facilities and Services for Homeless Persons
The City of Clearwater offers its homeless a number of emergency shelters, some
of which have strong transitional support and have been successful in providing a
continuum of care for the homeless. Transitional housing units with associated
support programs are still needed, as currently there are 36 units offered by the
Salvation Army, The Homeless Emergency Project (HEP) is working to bring
more transitional units on line. HEP offers a full range of services that include
medical and dental examination and treatment, case management, housing and
counseling programs.
Isaiah's Inn
Clearwater Inventory of Facilities and Services for Homeless
Housing for Homeless
Emergency Shelters
Facility Description Additional Services
Separate facilities for Food, clothing
men, women and transportation, rent, security
children and utility deposits,
Counseling
Furnished Apartments Financial Personal and goal
setting counseling referrals
Food, clothing, interagency
referrals bus tokens limited
child care counseling
Number of Beds
102
Name
Everybody's
Tabernacle
Religious
Community Services
Spouse Abuse Shelter
Mobile
community
trailers shared
families
Confidential safe
house for female
victims of domestic
violence and their
children
Self help program for
home
with
by
36 Adult
46 Children
51
Religious community
Services Emergency
Housing
Counseling, referrals, food,
clothing, transportation
support groups, advocacy,
children's play therapy
20
Youth and Family
connection-North
Meals, clothing,
employment, crisis
intervention counseling, bus
tokens
ShOlHerm Shelter for Meals, showers, counseling,
male and female youth educational services,
;"ecreational activities
Transitional Housin
35
Quest Inn
10
City ofClcarwalcr Consolidated Plan
Page 28
, ': .".' >, . .I~;' ,\:. ,""", :.;...... \.' ~\"'\ ,", ......~,,, ..~ - . ~. ,'" ,I', ":/, :.'
Salvation
Army
Emergency shelter,
soup kitchen and drop-
in center
Financial, personal,
spiritual and goal setting
counseling, group therapy,
self-help groups, case
management, referrals
Housing, AA, and self.
sufficiency program
36
Nine furnished
apartments for families
with children
CHIP
48
Emmaus
Permanent Housing for Handicapped Homeless
Supportive environment Alcohol/drug rehabilitation
for women and men program, counseling, meals
HIV+, have AIDS or and kitchen facilities,
related disease support group
Housing for HIV+ or Financial, personal,
AIDS clients spiritual and goal setting
counseling, group therapy,
self-help groups case
management and referrals
12
Salvation
Army of
Clearwater
Agape
House
8
G. Special Needs Facilities and Services
SUPP0l1ive Housing for the Elderly (Section 202 Program) provides rental or cooperative
housing to the elderly. Prior to 1992, the 202 program also made units available for the
disabled. Direct loans are made through HUD to eligible non-profit sponsors.
Acceptance of Section 8 vouchers is required for a minimum of 20~1o of the units,
Section 202 Housing Units
Number Type of Unit Total
UP ARC Waterfall 22 Handicapped 22
Apartments
Casa Miguel Housing 82 Elderly 82
ClearBay Terrace 100 Elderly 100
Creekside Manor I 55 Elderly 55
Freedom Village III 40 Handicapped 40
Total Section 202 299 299
The Section 236 was developed to provide lower rents to assist low-income households.
HUD provides mortgage insurance, interest reduction and operating subsidies for new or
substantially rehabilitated privately owned rental units, In the event that the owner pays,
off the mortgage, these affordable units may be lost.
Section 236
Housing
Prospect Towers
Totals
EIH
208
208
Units
E/H Type
Elderly
Total
208
208
H. Other affordable housing in the community:
City of Clearwater Consolidated Plan
Page 29
The City of Clearwater and Pinellas County have, provided funding through its HOME
and CDBG Programs. Developers have also financed projects through the Low Income
Housing Tax Credit Program. The program benefits residents at 60% of median income
or below.
Other Federally Funded Program Total Units
Apartments
The Hampton Apartments HOME 55
Covert Arms (Mentally Ill) CDBG 12
Community Service CDBG 4
Foundation
Comlnunity Service CDBG 4
Foundation
Communitv Service SHIP 6
.-
Foundation
Lexington Apartments HOME/LIHTC 240
Wellington Apartments HOME/SHIPILIH 300
TC
Total 612
I. Barriers to Affordable Housing
During the late 1990's the economy was very strong. Unemployment has been at
an all time low for most employment categories. These factors resulted in a mini
building boom in North and South Greenwood. Over the past ten years,
Clearwater Neighborhood Housing Services has constructed or rehabilitated some
300 homes in the target area. North and South Greenwood communities have
enjoyed residential improvements spurred by low interest rates and a variety of
affordable housing programs designed to assist low- and moderate-income
families in purchasing homes.
Fewer lots are currently available for new construction in the neighborhoods. As
the inventory of lots for construction shrink, the cost of land has increased.
Further, less desirable lots are available requiring additional development costs.
Finally, the infill units have helped to increase property values, but may result in
pricing the very low-income homebuyer out of the market.
Currently, land costs, interest rates, and construction costs are increasing, causing
fewer low-income families to be able to purchase newly constructed homes.
Meanwhile, the average cost of an existing home has increased from $64,000 to
$84,000 citywide. Homes in North and South Greenwood average $55,000. The
cost of an average existing home in North or South Greenwood may be out of
reach for very low and low-income homebuyers without deeper subsidies, interest
rate buy-downs or other forms of assistance to help the low-income homebuyer.
City of Clearwater Consolidated Plan
Page 30
The City of Clearwater works with four housing related non-profit agencies.
Each agency has various strengths and weaknesses and focus areas. The City is
challenged to increase the capacity of these agencies, develop stronger and more
effective partnerships and help develop more Community Housing Development
Organizations to carry out its housing goals.
The City of Clearwater assists non-profit affordable housing developers by
providing a variety of incentives including a line of credit style assistance
program and deepened subsidies for very low-income purchasers of affordable
housing.
The City has also assisted for-profit developers by providing discounts on impact
fees and other waivers for larger projects. Zoning ordinances, land use controls
and other policies are in place to support affordable housing.
I. Available Resources
Federal, state and local resources are available locally to carry out housing and
homeless programs.
Federal support of housing programs increased with the passage of the Cranston-
Gonzalez National Affordable Housing Act of 1990. This act crated the HOME
and HOPE Programs. HOME is a major housing partnership program that
replaces and expands the scope of former Federal programs and allows
jurisdictions to identify their specific needs and tailor plans to accommodate those
needs. The HOME program is designed to increase the housing supply to low and
moderate income households. In addition, the HOME Program encourages
increased participation by the private sector, most notably the Non-Profit
community.
While the Community Development Block Grant Program (CDBG) funds may be
used for a variety of programs and services, funding may be used for the
rehabilitation of homes along with the funding of social service agencies, special
economic development activities and the construction and or rehabilitation of
public facilities,
The Homeownership and Opportunities for People Everywhere (HOPE) promotes
the goal of homeownership for low-income families. HOPE I provided
homeownership opportunities in public housing, HOPE II in government-owned
multifamily properties and HOPE III in government-owned single family
properties.
Community Development Financial Institutions Program (CDFI) provides up to
$5 million in matching funds to financial institutions creating community
development loan programs. These programs must address the needs of low-
City ofClcarwalcr Consolidated Plan
Page 3 1
income families either by providing housing related funding or funding to
facilitate small business development in economically challenged areas.
The Steward B. McKinney Homeless Assistance Act of 1987 created a number of
emergency transitional and supportive programs for the homeless. In 1992 a
Supportive Housing program was developed a long with a Transitional Housing
Program, Pennanent Handicapped Homeless Program and a Supplemental
Assistance for Facilities to Assist the Homeless (SAFAH) program. Safe Havens
for Homeless Individuals was also designed.
i. Non- Federal Programs
The State of Florida initiated the State Housing Initiatives Partnership Program
(SHIP) in 1991. Local governments began receiving funding in 1993. The City
of Clearwater will receive in excess of $800,000 for its housing programs in
2000/2001. The City is given the latitude to create housing programs within the
SHIP program guidelines. The State of Florida also offers a pre-development
loan and the State Apartment Incentive Loan (SAIL) that provides low interest
loans for the financing of apartment complexes offering housing for low- and
rnoderate-income households. Single family and multi-farnily mortgage revenue
bond programs are made available by the state for the financing. Finally, the
Low-Income Housing Tax Credit Program offers non-profit and for-profit
developers incentives for multi-family housing development.
ii. Other Resources
Over the past ten years, lending institutions have become major players in the
affordable housing market. Banks, working to meet Community Reinvestment
Act requirements, have initiated many single and multi-family loan programs.
Working together, locallcnding institutions formed a lending consortium (Tampa
Bay Community Reinvestment Corporation) that has closed or committed $69
million in affordable multi-family transactions in the Tampa Bay area. TBCRC
was also successful in obtaining funding through the Community Development
Financial Institutions program and has funds available in Pinellas County for
affordable single or multi-fanlily loan progralns.
The Neighborhood Reinvestment Corporation (NRC) has made funding available
through Clearwater Neighborhood Housing Services. NRC funds may be used for
gap financing, down payment and closing cost assistance and rehabilitation.
Funds are available at very low interest rates.
The following matrixes were obtained through Pinellas County's Community
Development Department and provide a breakdown of all available housing and
community development options.
City of Clearwater Consolidated Plan
Page 32
l~i1(~~;~~(\:;",'<', .'" I'::,. "",.".:.,,::;;:y,.:".:;,ig';),,(:~I,!FederaUiousing!Programs';;:"\:'i~:c;Y"i;;;;,::j',',),";':',";' " ',' ,...:."':i." C,!. '.',',:,,:::;::,.,.
~~PrOgram.i.:\::lil',i,.:.:".;.:i,.Eligible.Aopllcant(:':'~ ,:A';, . B;:?'~C,:,.;HB;',: ~HA':::i '~HA:J ':HP .;.: C<)mments::;;!"::,';:;:;'; :~':",,',:"<':
Community Metro City X X X X X Local government make
Development Block Urban County Grants or loans to non-or
Grant for-profits
HOME Investments States, local X X X X X Local governments make
Partnership Governments grants or loans to non-or
Consortia for-profits
Res. Mgmt. X X X X To be phased out. III not
Corp.Pub. Body, avail. To res. Mgmt Corp,
Nonprofit, PHA FHAs only w/nonprofit
Nonprofit X X X X MF, Group homes,
independent living facilities,
intermediate care facilities
Also support services MF
HOPE I, II, III
implementation
Grants
Supportive Housing
for Persons with
Disabilities (811)
Supportive Housing
tor Elderly (202)
Youth build
Severely Distressed
Public Housing
Section 8
Certificate and
Voucher Programs
Comprehensive
Grant Program
Public Housing
ClAP
Public Housing
Development
Dept. of Energy,
Other Energy
Programs
Residential Lead
Based Paint
Resolution Trust
Affordable Housing
Disposition
Program
Resolution Trust
Affordable Housing
Disposition
Program
HUD Disposition
Programs of
Foreclosed
Properties
VA Foreclosed
Properties
Low income
Housing Tax Credit
Nonprofit
x
x
x
x
Nonprofit PHA
PHA
x
X
X
x
Also planning grants
PHA
x
PHA
x
PHA
x
PHA
X
x
x
Supportive Services
States
x
X
States make funds
available to CSO's
SF,MF,MH
Also risk assessment and
control, monitoring, etc,
SF
States
Local Gov't
Families at or
below 115% of
median
x
x
x
X
Public agencies,
Non-and For-
profits
X
MF
Individuals
X
SF, MF
Individual
Agencies
States
x
SF, MF
x
X
SF ,MF - States make
available to any.
City of Clearwater Consolidated Plan
Page 33
"::5~teJi~using R~urc~s;~d~r()graIl1F'/ /,':": >. ",.";;, ," '-',',,'" _ '.' ',; , , .,~:.,' ~:Y":"~::;;""" :)/' <' ,',::::; '.':, 't.::. ;'CJ: Y: ,", ."',;,' .',;,
~"\<~'I~/:,,!.t'i::. '"'~,: \~,~"~':f ::"<':~~::::;'fl~-:~~{ ~~,::.j "~:':l'::'::' ':"":"~);7:.~ ;:;~i'.,"'" :'..<',;/: :.-':.':;.'...'1 .: ' I" ':l::.:.t~. '\" \!::~: ''-', ;::; " ~'~:,.~~::r: ,!. , .;_:~.:~~'~.:; ~." ":t'.~~.'~';';\:' 1'",;" :;,',." '::,: -:.':" . "~ :
",..,.,',~'y,:-,:, "',,, .. ",' !, ':".,:,,<';'.,,0 ":,......:'.,-;;,;,,'<-'" ".,., . .', ""y.-... ',;.." ',,',....., ,..',,<';'..'., !,:,': "',. '., '. " ~,'/.,.., , ',: ",'::"':"',.' ",;..:<.;,:';";..:'.;, ';;":':: f .".' . V;" '" ", ,::.' ,.'.,.. '
~~~s~~({f5r~I1;!;!~~~~0~r~0~:' t.t't ;;~~~fi 1'c;,; ;;t~; ;:~'\ tHA'~'~:),:~";~'7s):~i;',f!;:~."'.
State Housing Any X X X X SF, MF, MH
Initiatives
Partnership
(SHIP)
Elderly
Homeowner
Rehabilitation
Elderly Housing Private Nonprofit
Community
Loan
Florida Fix Private Nonprofit
Howmownership Home Buyer
Ass't Program
Housing Local Gov't
Predevelopment Nonprofit
Loan Program
Multifamily Bond Any
Program
Section 8 Low-
Income Housing
Single F amilly
Mortgage
Revenue Bond
Program
Weatherization
Assistance
Community
Contribution Tax
Incentives
State Apartment
Incentive Loan
(SAIL)
Local Gov't
x
x
Safety Improvements
MF
X
SF, MF, MH
SF
X
x
X
SF, MF, MH
x
x
Private
X
X
MF
Lender
x
Local
Government
Nonprofits
Local
Government
Nonprofits
Any
x
Weatherization of SF.
x
X
MF, SF
Developments
x
X
State Resources an~',Prpgrams for HOlneles.~,and At-Risk Households ' " ' '""l. '.. , . ,'i'
" '. "
<,,<;,,:',,';':;;,~;:;,;::,":' '.,' ::' ',',. ,', ," " ': '. \
..
, ,
State Grant-in- Local Gov't X X X Local governments
Aid for the Homeless make grants to
Homeless Coalition nonprofits
State Local Gov't X X X
Emergency Shelter Providers
Shelter Grant
Emergency Homeless and X X One-time Grant
Financial Ass't At-risk Families
for Housing
Domestic Abuse Spouse Abuse X
Program Shelters
Homeless Youth Youth Shelters X
Shelters
Residential Substance X
Trtm't & Rehab Abuse Agencies
Subst. Abuse
Public Health Homeless X
Units
City of Clearwater Consolidated Plan
Page 34
~:~~al~GoveJ::i1Dj@t;<erj,ya~e,:aijiliN6 ~"'rofitlH9U$fu 1,R~sptitces;atj4,'~t() '~~':j;:~h?~C~?.;":':; '.,' :'
:~4i~;t*f.:.!:;~i~J~B':~~~~~~~i?~~;; ~~[t :~:~r:,';;;,(;;;n~q~~J.t;;!~?;~'i;'I,/,r;;?fW/!;;t;:lt:i':;~?;'~r::&:,~:~::'i~,:?; ':1:~<~iti:f:ii~~j~~~~;~J{:;~,:j;:\':3\:..~'r\,~I'1'i~\~;:'i':,:'::,:" ,:':~:';:):
J~i~~~IA~~:~~~},t:~~~if'~{ x ~,llg.!~Ie:,~(t~~f"~a~.t~ i~'::;!~ 3~:fl1:;r ~\fr: ::~}:, ;,RA'i' ;'HA:,' ~ lIP,,? 'Coinment5".;:.J,;';,~',,' '. (/'1.
',~?,~~~~~~'/;;.~:.\~:~ ~:>/~ ~',~' ,:':',~:. -- ::~;~ ~ <.,~:" <1',': 1 " ,: '.."',, .,. ~,,' ,~: " ,''::,.,'.i,',' :'<;.: ":.' ". " :r/; ~ ~l'~~:;. ?~.li~1:~~~;~:':'~: ~. :.J:\:\:'~;:.~.:;/i:;;.;:~:i;;::~,::!} :',' '," :',
Clearwater Homebuyer up to X X X X
Neighborhood 120% of median
Housing
Services
Florida Power Home Owners X Energy Saving
Home Energy Repairs
Program
City of Low/Mod home X X X
Clearwater owners and
Challenge 2000 buyers, landlords
Program
City of Largo Home Owners X
Employees
Pension Fund
County HFA First-time X X Provided through
Single Family Homebuyer participating lenders
Revenue Bond
Program
County HFA Any X
Multifamily ,
Program
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Government
General Funds
Pinellas County Nonprofits X X X
Social Action
Fund
Pinellas County Indigent, X X -:
Social Services Medically Needy
United Way Nonprofit X X
Program
Juvenile Welfare Nonprofit X
Board
Junior League X X
Mini Grants
Pinellas X
Community
Foundation
Gulfcoast Legal X X
Services
Community X X
Service
Foundation
(CSF)
City of Clearwater Consolidated Plan
Page 35
Key to table:
A= Acquisition
R = Rehabilitation
C = Construction
HB = Homebuyer Assistance
,r.Pto~"i~:;.~o;\l;d;::;,j;i\:')" ';EligiblcApp,licant:'i JA':://:' B i' ~,C ,HB<' RA';';1 'HA,' :,HPi:,; ~ Conin'lents: ',,',',;;.';!.' C;~;-~~;':~1:'''':::'
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Emergency Shelter State Formula X X X State and Local governments
Grants City Urban make grants to non profits
County
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Supplemental
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Supportive Housing
Program
Shelter Plus Care
Save Havens
Demonstration
Programs
Section 8 Mod Rehab
for SRO
Family Unification
Program
Housing Opportunities
for Persons with Aids
HUD Direst Sales
Program for the
Homeless
McKinney Act Lease-
option Program
Lease with Option to
Purchase Program for
the Homeless
Surplus Property (Title
V)
Emergency Food and
Shelter National
Board Program
HUD-VASH
VA Hospital
RA = Rental Assistance
HA = Homeless Assistance
HP = Homeless Prevention
x
x
Program being phased out
Local Gov't State X X X
Nonprofit
State Local Gov't X
PHAs
Local Gov't X X X
Nonprofit
PHA's Nonprofit
X
Also leasing.
X
X
Homeless with disabilities
primarily mentally ill,
substance abusers, AIDS
Homeless Mentally III
X
X
X
PHA's
X
Leasing, Operating costs, and
supportive services.
Local Government makes
grants to nonprofits.
SF
States Local X
Gov't
Nonprofit serving X
homeless
X
X
X
X
X
Transitional or X
Permanent
Housing Grant
Applicants
Homeless X
Providers
X
SF
X
Local Gov't
States Nonprofit
Local Offices of
National Boards
x
X
X
x
Homeless Veterans
Homeless Veterans
X
City ofClearwatcr Consolidated Plan
Page 36
5. Strategic Plan For Housing and Community Development 2000~005
Summary
The City of Clearwater has identified priorities for asslstmg households. The first
priority is to provide decent, adequate and affordable housing in safe and desirable
environments for homeowners, homebuyers and renters. Second, to provide housing and
supportive services for the homeless and non-homeless with special needs.
Within Clearwater's North and South Greenwood communities, the housing stock is
aging and in need of rehabilitation. The community still consists of a predominance of
homeowners who often have difficulty maintaining their homes due to financial or
physical restraints. The City of Clearwater will continue to provide homeowner
rehabilitation programs to help these families maintain their homes in safe and decent
condition and improve the appearance of the community through the rehabilitation
progranl.
Low- and moderate-income households are usually the first to experience down turns in
the national economy, As interest rates rise, fewer families are able to become
homeowners. The City of Clearwater provides down payment and closing cost assistance
and permanent interest rate buy downs to facilitate honleownership.
In the late 1990's the City facilitated the financing of two large multifanlily rental
projects. The first provided 280 units for families with incomes 600/0 of median income
or below, The second property focused on seniors, aged 55 or older with incomes at 600/0
of median income or below. This project provided 300 units of affordable housing.
These projects are the first affordable units in almost twenty years, There is still a need
for decent affordable rental properties, The City of Clearwater will facilitate the
acquisition, construction, and/or rehabilitation of affordable multi-family housing
projects to assist residents at 80% of median income or less.
The emergency shelter community already experiences a shortage of resources to assist
the homeless. By definition, emergency shelters provide temporary housing for those in
need. However, longer-term housing solutions combined with supportive services have n
shown to be effective in bringing those experiencing homelessness to self-sufficiency
over time. Community workshops identified homeless youth as an undeserved
population through out Pinellas County, The City will look to serve this population as
well as the single adults and fanlilies who find themselves homeless.
Residents of Clearwater who are non-homeless but have special needs make up the final
group of under served residents. Many of these residents will never be able to live
independently without supportive services, while others need supportive services in order
to effect a transition to or maintenance of independent living. Sub groups of this
population include the elderly, frail elderly, severely mentally ill, physically disabled,
developmenta.lly disabled, those with alcohol and other drug addiction and persons with
-AiDS
City of Clearwater Consolidateu Plan
Page 37
A. Affordable Housing
Priority Number One: Decent, adequate and affordable housing in safe and
desirable communities for homeowners.
Analysis
The City of Clearwater has a high percentage of residents in low-income, minority
areas that live in dilapidated housing. While not necessarily substandard, these units
are in need of modernization and rehabilitation. Utilizing financial institutions may
make such improvements out of reach due to interest rates and other requirements
related to financing home improvements,
Rehabilitation of aging housing units will preserve affordable housing, enhance the
appearance of the community, enhance the adequacy of the housing,
Actions and Programs
Homeowner rehabilitation program. The City of Clearwater offers a homeowner
rehabilitation program with affordable repayment provisions. Funds may be used to
bring a home to minimum standards, and in some cases provide general property
improvements.
Emergency Repair Program The City of Clearwater operates an emergency repair
program for very low income residents who have an immediate life, health or safety
related repair. Funds are granted to the resident.
Disabled Retrofitting Program this newly created program allows homeowners or a
disabled individual whOln resides in the residence permanently, to retrofit their home
with particular necessities to Inake the home nlOre accessible, This does not include
items that are not associated with the infrastructure of the home. Examples of
improvements include the addition of ramping, widening driveways to accommodate
lifts, installation of grab bars, and other such improvements. Recipients must be
income eligible to participate in the program.
Proposed accomplishments
· The renovation of 100+ housing units
· The retrofitting of 25+ housing units
. Emergency Repair of25+ housing units
City of Clearwater Consolidated Plan
Page 38
,'i.
Obstacles
Making the availability of these programs known in the specific areas they are
needed. The City plans to initiate a comprehensive marketing program and to work
with the Neighborhood Improvement Department for more extensive outreach.
Priority Number One: Decent, adequate and affordable housing in safe and
desirable communities for homebuyers.
Analysis
The City of Clearwater's low and moderate-income community often encounters
challenges when attempting to purchase a home. Challenges may include credit
issues, inability to save enough money for all the costs involved in purchasing a
home, and a lack of knowledge as to how to go about purchasing a home.
Actions and Programs
. Down Payment and Closing Cost Assistance Program The City of Clearwater
operates a down payment and closing cost assistance program which provides up
to $7,000 in assistance to income eligible home-buyers.
. Home Buyer's Club Through its non-profit partnership, the City supports a county
wide Home Buyer's Club designed to assist "non-bankable" individuals to
become credit worthy, and prepared for homeownership. Budgeting classes,
mortgage classes and programs to assist in the clearing of credit items are
provided.
. Homebuyer Preparation Classes The City of Clearwater provides funding for
homebuyer classes that assist those interested in purchasing a home by teaching
them the basics of home buying.
Proposed accomplishments
. Assist 50+ home buyers per year purchase a home by providing down payment
and closing cost assistance funding.
. Assist 100+ home buyers receive education prior to their purchasing a home.
Obstacles
None
City ofClearwatcr Consolidatcd Plan
P~ge 39
"""". .""'.",-, ,.,
Priority Number One: Decent, adequate and affordable housing in safe and
desirable communities for renters.
Analysis
Many of the "affordable" rental communities have begun to age and are in need of
renovations. In addition, more units for low and moderate-income renters will be
needed over the next five years.
Actions and Programs
· The City will facilitate developers by providing funding for renovation or new
construction on a "deal by deal" basis.
· The City may, in conjunction with renovations, choose to facilitate a transaction
by refinancing the existing mortgage provided that the refinancing allows the City
a more secure financial position in the transaction and meets HOME, SHIP and
COBG guidelines for the action.
, Proposed accomplishments
· To facilitate the renovation of four multi-family properties over the next five
years.
Obstacles
. It may be difficult to find financially feasible rental projects
· It is sometimes difficult to encourage small operators to make renovations as the
cost of the renovations can reduce the overall cash flow of the project.
. There are few multi-family properties within the targeted area.
City ofClearwaler Consolidated Plan
Page 40
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B. Homelessness
Priority Number One: Housing and supportive service for the Homeless.
Analysis
The City of Clearwater has identified a variety of needs for the homeless population
in Clearwater. The Community Development Workshops uncovered the following
needs:
. Transitional living facilities for youth
. Street Outreach Programs for Homeless Youth
. Medical support for the homeless
. On site mental health facilities (or services)
. Programs for the recently incarcerated
. More transitional housing for adults with supportive programs
. Lead based paint abatement relief for facilities. ,
Proposed Accomplishments
The City of Clearwater will work with providers of Homeless services and provide
funding on project by project basis to increase the number of transitional housing units
for both adults and youth.
When determining funding priorities for social service providers, funding for the
operation of homeless programs will be given priority,
Obstacles
/,'.
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. Often the funding of facilities is far easier than continuing the operation of
comprehensive programs, As a result, additional financial support is often needed.
To the extent practicable, the City will provide support for operations programs,
however will encourage the sub-recipient to find additional means of continuing their
operations.
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City ofClca"vater Consolidated Plan
Page 41
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c. Other Special Needs
The participants in the Community Development Workshops identified several
areas that appear to be under served. The City will work toward addressing those
items over the next five years, Those items include:
· Programs to assist marginally mentally disabled residents with basic life skills
programs to assist them in becoming self-sufficient. The creation of self-
sufficiency programs geared toward the specific challenges such as attention
deficit disorder, anger control and completion of education may accomplish
this objective.
o Programs to assist those entering the work force, such as corporate mentoring,
affordable childcare and transportation, and private sector mentoring
programs.
· Programs to strengthen small businesses such as micro-lending programs, and
other small business support.
. Programs for older teens, including after school programs, programs to assist
in encouraging them to stay in school, transitional living facilities for
homeless youth, street outreach programs maternity services.
D. NODwhousing Community Developlnent Plan
e Facilitating Community and Economic Development within the North and
South Greenwood Area
The City of Clearwater will identify and support projects that will enhance the
economic base of the North and South Greenwood area. Activities may
include the facilitation of an African American Cultural Center, the creation of
a mixed use SRO and retail center, a micro lending program featuring peer to
peer lending, the relocation of the business district to facilitate a larger
customer base, a business fayade improvement program and a business
incubator.
· Assisting Non Profit Agencies in Achieving Goals Uncovered in the Citizen
Participation Process This would include the ongoing review of programs and
facilities outlined in the Citizen Participation section of this document.
· Assisting Non-Profit expanding their programs and or relocating services to
better serve the community. Activities may include the relocation of the ReF
food pantry, and expansion of domestic violence shelter facility,
City of Clearwater Consolidated Plan
Page 42
E. Barriers to Affordable Housing
The City of Clearwater will investigate several of the suggestions outlined during
the Community Development Workshop on Housing conducted in February 2000.
Those items included:
New Construction: The City of Clearwater will work with applicable agencies to
investigate impact fee waiver programs, a Contractor Referral Service to identify
available projects, assistance in clearing zoning issues and other barriers to the
construction of affordable housing,
Financing Costs: The City of Clearwater will work toward eliminating predatory
lending practices in its service area. The City will work to reestablish its financial
partnerships to encourage affordable rates and terms for borrowers. In addition,
the City will investigate programs to help reduce costs to homebuyers and those
seeking to rehabilitate housing in the target areas.
The City of ClealWater will also investigate loan programs that will help the very
10w-incOlne homebuyers achieve homeownership by creating special incentives
for the provision of affordable housing to that population.
F. Lead Based Paint Hazards
The City of ClealWater views the hazards of Lead Based Paint to be a serious
threat to young children in the community. Several low-income census tracts
have a high number of homes built before 1978, which is a serious concern.
Working with Pinellas County and other local jUlisdictions, the City of ClealWater
is working toward the development of a comprehensive program to eliminate lead
based paint hazards. This includes working with paint contractors to properly
abate the lead hazard in the local housing stock, working with Pinellas County
Health Department to obtain additional funding to operate a lead based paint
program that would include funding for removal of lead based paint in residences
and public facilities, and providing for the medical costs for children who are
found to have high levels of lead in their bloodstream.
The Greenwood Community Health Center has agreed to participate with the City
by providing a meeting area for neighborhood based education programs,
disseminating information on the hazards of Lead Based Paint, and provide blood
screenmg.
G. Anti Poverty Strategy
Lack of resources-education, money, and opportunity. No home, little food,
The lack of these basic things lead to hopelessness and a lack of self esteem.
City of Clearwater Consolidated Plan
Page 43
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Sometimes it is a matter of knowing where to go and what to do. Sometimes it is
more complex.
The City of Clearwater works with a variety of agencies, non-profit organizations,
Pinellas County, volunteers and for-profit companies in an effort to alleviate
poverty in the community, County wide, it is estimated that 10% of Pinellas
residents live in poverty. This includes the homeless, non-homeless special needs
populations, the working poor and children of very low-income families.
Through strategic support of service providers Clearwater is working to reduce
poverty.
On a countywide basis, top notch educational and training support in available,
with a pulse on the needs of local employers including those engaged in high
technology industries. Area vocational-technical schools provide low-cost
training for new and existing businesses. Additionally, several programs have
been developed to support African American businesses in the community.
Job training programs including Stars and Pinellas Works! assist by providing job
skills, job placement and in the case of Stars, the creation of actual jobs for
program participants.
The Juvenile Welfare Board, United Way, the Eckerd Foundation, University of
South Florida and many others assist in bringing additional resources to the
comnnmity for life skills, and self sufficiency programs that have lead to
participants gaining employment, education and ultimately their own homes.
Recently, two health care centers have been built in North Greenwood to assist
low-income families with basic health care needs. The North Greenwood
Community Health Care Center has also agreed to participate in the City's Lead
Based Paint program by providing free screening of children and by providing a
forum for community involvement and education on the matter.
Several agencies provide assistance to youth including Family Service Centers
who assist homeless teens and operate several programs for at-risk youth.
The City also uses its resources to facilitate a variety of housing programs that are
outlined throughout this document. These efforts combined are designed to
reduce and eventually eliminate poverty in our community.
H. Coordination
The City of Clearwater's slogan is One City: One Future. In the City's Housing
Division, the importance of unifying a variety of interests and resources to
achieve an optimal outcome, a prosperous future for the City's residents is our
primary objective.
City of Clearwater Consolidated Plan
Page 44
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The City has coordinated its down-payment and closing cost assistance program
with several jurisdictions in the region to provide uniform service and
underwriting in Pinellas County. The City works with agencies and service
providers to encourage and facilitate a team approach in the provision of services
to the community. Resource sharing for agencies doing similar work is strongly
encouraged,
Several agencies have fonned coalitions and support groups, including the
Homeless Coalition, the Tampa Bay Home Buyer Partnership, the SHIP Steering
Committee and Pinellas Cares, a county wide referral service providing the
community with information on all the service providers in the area.
, i
i
;
The City of Clearwater conducts monthly Neighborhood Affordable Housing
Advisory Board meetings in which public comments and suggestions are heard. In
addition, the NAHAB is to provide input to City staff concerning community
needs.
I. Public Housing Resident Initiatives
A comprehensive listing of Public Housing Resident Initiatives is outlined in table
format on page 37 of this document. However, the following activities are
notable. First, the City of Clearwater has provided CnBG funding for the
Clearwater Housing Authority's Partners in Self-Sufficiency program, the Boys
and Girls Club, and Girls, Inc. all operated in various public housing properties.
The city has also provided a police sub-station to provide additional security for
public housing residents.
City ofCtearwater Consolidated Plan
Page 45
6. Action Plan October 1, 2000-September 30, 2001
The purpose of the community development programs as stated in Section 91 of the
Housing and Community Development Act is to create viable urban communities by
providing decent housing and a suitable living environment. This can be accomplished
with programs funded through the Community Development Block Grant Program
(CDBG) HOME Investment Partnership Program (HOME) and the State Housing
Incentive Partnership Program (SHIP) by improving housing opportunities and expand
economic prospects for low- to moderate income persons.
This can be accomplished with a multi pronged approach. First, by strengthening the
existing housing stock through rehabilitation, and expanding the housing stock by
constructing new residences on an infill basis. Second, by stimulating economic
opportunities through business development, job creation and the training of prospective
employees. Finally, by ensuring the preservation of viable public services and public
facilities to enhance the opportunities and lives of low- and moderate-income individuals.
The Consolidated Plan is the principal planning document that details the goals of the city
and addresses the needs identified in the five-year Consolidated Plan. The Action Plan is
a one-year plan that identifies annual resources available to meet a portion of those needs
and the activities that will be undertaken during the fiscal year. The identification of
resources includes all available resources from federal and non-federal funds that are
available. It identifies public and private leveraging and matching requirements.
The action plan describes the type of projects that will be funded and the number of
people assisted, It identifies the locations were the funds will be provided during the
year. The plan details the amount and type of assistance that will be provided to the
homeless and special needs populations. It also addresses the obstacles to meeting
undeserved populations and removal of barriers to affordable housing.
A. Resources
The City of Clearwater receives funding from three sources in connection with its
community development and housing programs. CDBG and HOME funding come from
the United States Department of Housing and Urban Development (HUD). The State of
Florida provides funding through its SHIP program, 2000/2001 funding is as follows:
Funding Source
COBG Entitlement
HOME Entitlement
SHIP Entitlement
Funds Available
Total
$1,563,897
666,2500
1,143,285
$3,373,432
City of Clearwater Consolidated Plan
Page 46
c. Activities to be Undertaken
In February 2000, the City of Clearwater announced the availability of funding
through its CDBG, HOME and SHIP programs. (See application process)
Agencies were asked to apply for funding on a competitive basis under the
following categories: Public Services, Public Facilities and Improvements,
Housing Programs, Economic Development and Fair Housing. Applications
selected for funding met State and Federal guidelines and are in keeping with over
all goals and objectives identified during the Community Workshops described in
the Citizen Participation section of this document. The following activities were
selected for funding: (Please see accompanying table for a breakdown of dollars
and funding sources).
PlIblic Services
Correlation to Five Year Plan Goals and Objectives:
1. Housillg and Supportive Services To Homeless Populatiolls
2. Support oj edllcational programs which foster self-sufficiency
3. Provision ofsupportive programs for non-homeless special needs populations
4. Support oj programs Jor individuals with speciallleeds including alcohol and
dntg abuse.
· Clearwater Honleless Intervention Program (CHIP). The CHIP center
consists of a soup kitchen, a police sub-station and an emergency shelter. The
facility provides showers, supportive services and ongoing assistance to
homeless individuals and families. CHIP requested funding to be used for
operating expenses.
· Partners in Self Sufficiency (PSS) Partners in Self Sufficiency requested
funding to continue the self-sufficiency program it operates though the
Clearwater Housing Authority. The progranl assists public housing residents
in gaining the skills to find suitable employment or pursue educational
opportunities, manage a household and save money for future goals.
Participants are asked to commit to leave public housing within five years.
An escrow account is set up for each participant. Upon successful completion
of the program, the participant may use his or her escrow funds to move into
market rate rental housing, purchase a home, purchase a car, pay for further
educational opportunities or other necessities.
.. Pinellas Opportunity Counsel. POCo Pinellas Opportunity Counsel operates a
chore service designed to help the disabled with routine household chores as
well as major cleaning and yard work. The service allows the elderly and
disabled to remain in independent living for longer periods.
· The Mustard Seed Foundation, The Mustard Seed is requesting funding for its
Turning Point program which is an inebriate receiving center in St.
Petersburg. The center is the only one of its kind in Pinellas County. The
Mustard Seed was able to document a high number of Clearwater residents
City of Clearwater Consolidated l'lan
Page 47
making use of their services. The inebriate-receiving center takes in
individuals who would be otherwise incarcerated for public drunkenness. At
the center, individuals are provided with opportunities to receive assistance
once sober.
· Boys and Girls Clubs of the Suncoast, Inc. Children's programs for at-risk
youth located at Jasmine Courts Public Housing
o Girls, Inc. Programs for at-risk girls providing a variety of supportive services
and activities.
· Lockheed MartinlPinellas Works! A comprehensive program designed to be a
one-stop center for developing job skills and job placement for low income
job seekers.
Public Facilities and Improvements
Correlation to Five Year Plan Goals and Objectives:
1. Housing and Supportive Services To Homeless Populatio1ls
2. Provision of supportive programs for non-homeless speciallleeds populations
3. Support of programs for individuals with special needs including alcohol and
drug abuse.
· The Homeless Emergency Project. As in prior years, the Homeless
Emergency Project is requesting funding to rehabilitate housing. Once
rehabilitated, the homes are used for transitional housing. The Homeless
Emergency Project runs a comprehensive program for the Homeless by
providing emergency shelter, transitional housing, assistance with
employment, and medical services,
· The Kimberly Home, Inc. Additional transitional housing units for pregnant
teens.
· Community Pride Child Care Center of Clearwater A modular classroom to
increase space and serve more children
· Religious Community Services -Grace House General maintenance
· Religious Community Services- The Havens The construction of a transitional
shelter for abused spouses and their children.
Housing Programs
,Correlation to Five Year Plan Goals <<I,d Objectives:
1. Providing opportullities for decent adequate and affordable housing is safe
and de.sirable commll1,ities for Itomeow1Iers
2. Providing opportunities for decent adequate and affordable housing in safe
and desirable commu1lities for Itomebuyers.
3. Providing opportunities for decellt adequate and affordable housing ill safe
alld desirable communities for rellters
City of Clearwater Consolidated Plan
Page 48
4. Providing comprehensive educational opportunities to support homebuyers
and homeowners.
The City of Clearwater facilitates two housing programs. The first is a housing
pool that is available to designated non-profit organizations. Loans fitting
program criteria are funded. In addition, the agencies receive fees for their
services. Funds are available on a first come first serve basis. The City of
Clearwater Loan Pool is funded with a combination of SHIP and HOME funds.
Loans generated from the program may fund down payment and closing cost
assistance, acquisition and rehabilitation, homeowner rehabilitation. Agencies
may develop or rehabilitate housing on a "builder's line of credit" basis as well,
Currently, three agencies have requested and are designated to participate in the
Housing Pool. They include Clearwater Neighborhood Housing Services, Tampa
Bay Community Development Corporation and the Community Service
Foundation. All three agencies have a track record for providing quality housing
projects in the community.
The City of Clearwater also offers direct loans for rehabilitation, down payment
and closing cost assistance, emergency repairs and disabled retrofitting. City of
Clearwater staff undertakes loan processing, underwriting and closing.
Habitat for Humanity is also funded on a project by project basis. The typical
request for assistance is limited to the acquisition of land and only in situations
where the land is not donated to the agency. All other costs are covered by
Habitat.
Economic Development
Goals and objectives:
The City of Clearwater promotes a variety of community economic development
programs which include loan programs, fayade improvements, micro lending
programs and an innovative program which provides a continuum of services
ranging from job creation, employability training and after employment follow-up
and assistance.
· Clearwater Neighborhood Housing; Services Loan Program CNHS offers
loans to small businesses along with a variety of supportive programs to assist
small business owners in the community.
· Stars Program The Stars program provides a unique and comprehensive job
development and training program. Stars not only train individuals for
employment opportunities, but also creates jobs for its participants. Stars also
works with emerging businesses in an effort to train its program participants
to fill newly created jobs.
City of Clearwater Consolidated Plan
Page 49
Housing Edllcation Programs
Goals and Objectives:
In addition, Tampa Bay Community Development Corporation and the
Community Service
Foundation will provide homebuyer educational programs to assist first time
homebuyers in purchasing their first home and by providing foreclosure
prevention programs to assist homebuyers at risk of loosing their homes.
D. Geographic Distribution
The City of Clearwater has recently created a Neighborhood Services Division
whose focus is targeting community resources to specific neighborhoods
strategically so that neighborhoods can benefit from maximum levels of
assistance as applicable. Neighborhood Services works closely with the Housing
Division on housing and community development initiatives,
The City of Clearwater has several different areas in which housing assistance is
provided for several different income levels. These areas include the North
Greenwood Neighborhood for whom funds are provided to assist in making low
interest loans for rehabilitation and for homebuyers. CDBG, HOME and SHIP
funds are provided for households with incomes up to 120% of median income.
The majority focus however is on households with incomes of 800,10 of median
income or below.
A second area is the Rehabilitation Target Area, This area includes low-to
moderate- income residences. In this target area, homeowner rehabilitation
programs are available. Rehabilitation loans may range from 100% deferred
payment loans for very low-income residents to a 6% interest monthly repayment
progran1 for residents at the maximum allowable income and the ability to repay.
Both target areas have high concentrations of substandard housing units. These
areas also have a high level of low-to moderate-income residents. These factors,
along with the City's goal of preserving the existing housing stock and stabilizing
neighborhoods in jeopardy of becoming dilapidated, lead the City to choose these
areas for targeted housing assistance,
SHIP funds are available Citywide for down payment and closing cost assistance.
In addition, an emergency repair grant for very low-income households and a
disabled retrofit loan are available citywide.
The City of Clearwater funds rental projects on a case by case basis with priority
given to developers providing mixed income projects to the extent possible.
Rental projects may consist of new construction or rehabilitation. Projects must
consist of five units or more to be eligible for assistance.
City of Cleanv3tcr Consolidated Plan
rage 50
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E. Homeless and other special needs activities
The City of Clearwater provides funds to non-profit agencies and organizations
that provide assistance to homeless persons. Such assistance is as follows:
Administrative support to agencies providing programs and services to the
homeless, emergency shelter, day care assistance, substance abuse counseling,
transitional housing with related programs, educational programs, housekeeping
for the elderly, referral services and housing with supportive services.
E. Other actions
The City of Clearwater is implementing the new regulations regarding Lead
Based Paint Hazard Reduction that come into effect September 15, 2000,
Currently, members of City staff as well as several non-profit agencies are
receiving training so that BUD changes can be implemented. The City is also
working with other jurisdictions to share resources to facilitate a more
comprehensive program.
F. Public Housing
The City of Clearwater budgeted a total of $280,000 from FY 1999/2000 and
2000/2001 HOME, SHIP and non-Federal matching funds to renovate the Fulton
Apartments, which is owned by the City of Clearwater and leased and managed
by the Clearwater Housing Authority, The property provides 16 two and three
bedroom units to low-and very low- income tenants.
G. CHDOs
The City of Clearwater designated Clearwater Neighborhood Housing Services a
CHOD in 1999/2000. The agency was awarded $60,300 in 1997 HOME funds to
rehabilitate an apartment complex adjacent to their existing offices. The agency
plans to continue its activities by constructing or rehabilitating homes in North
Greenwood. The addition of the organizations interested in becoming CHDOs is
being investigated,
Attached is the 2000/2001-budget matrix that provides funding allocations, goals sub-
recipient goals and objectives.
City of Clearwater Consolidated Plan
Page 5 1
7. Application Process and Monitoring
, A. Program Overview
The City of Clearwater offers funding for commtmity development activities
through its Community Developtnent Block Grant (CDBG) Program. Most
housing related activities are funded through the HOME and SHIP Program.
Funds for housing are made available to participating agencies though the City of
Clearwater's Housing Pool. The following is a description of the programs,
application, selection and monitoring processes.
Through the CDBG program, non-profit organizations can apply for grant funds
for a variety of activities that fit criteria set forth by the Federal Department of
Housing and Urban Development (HUD) and the City of Clearwater's
Consolidated Plan annually. Applications must fall under the following general
activities: Public Services, Public Facilities, Special Economic Development
Programs and Housing. Proposed activities must benefit low- to moderate-
incOIne individuals, assist in the elimination of slum and blight and/or serve an
area benefit.
Housing activities are undertaken by non-profit partnerships through the City's
Housing Pool. Annually, agencies apply to take part in the City's Housing Pool.
Single family housing activities such as down payment and closing cost
assistance, infill housing, and acquisition and rehabilitation are eligible activities.
Agencies are funded on a "deal by deal" basis when a project is completed.
The City of Clearwater must comply with State and Federal Guidelines when
granting funds through the above programs. This includes the development of a
Citizen Participation Plan that provides adequate notification of availability of
funding, input from the community related to programs and projects needed in the
community, and the adoption of a consolidated plan that outlines the community
needs and strategies for meeting those needs.
B. Application Process
Annually the City of Clearwater advertises a Notice of Funding Availability.
Applications are then made available to all interested parties. City staff conducts
a workshop outlining the general process, program goals and objectives, and any
annual changes in the process. Applicants are given thirty days to complete the
application and return it to the City for review.
The Housing Division conducts a four pronged review of the applications:
1. City Staff reviews the application to ensure it meets basic program criteria.
This is a "pass/fail" review.
City of Clearwater Consolidated Plan
Page 52
2. All passing applicants are given the opportunity to present a verbal overview of
their agencies activities to the Technical Review Committee (TRC) and the
Neighborhood and Housing Advisory Board (NAHAB),
3. Applications are then reviewed and scored by the Technical Review Committee.
This review is objective.
4. Finally, applications are reviewed and scored by the NAHAB. This review is
subjective and is based on five questions developed by the NAHAB. Members draw
upon information provided in the application and their knowledge of the agency and how
well in meets community needs.
The Housing Staff tabulates scores and presents the final scores to the NAHAB along
with funding recorrunendations. Staff considers additional input provided by the
NAHAB, and then final decisions are presented to the City Manager and City
Commission.
c. Funding Implementation
Funds are made available to sub-recipients via contracts. The contracts final contracts are
approved by the City Commission and are executed by the City Manager. When under
contract, the sub-recipient may begin its project.
D. Monitoring and Record Keeping
Sub-recipients are required to provide monthly reports to the Housing Division, Reports
track each sub-recipient by the measurable objectives outlined in their applications. Sub-
recipients who do not provide reports in a timely manner are placed in a "watch" status.
Housing Staff contacts the sub-recipient to determine the nature of the problem and
provide technical assistance.
The City of Clearwater's internal auditor audits all sub-recipients participating in the
Housing Pool. Sub-recipients receiving grants of $50,000 or more are also audited.
Housing Division Staff conducts annual monitoring of all agencies regardless of grant
award. Housing Division staff utilizes HUD recommended documents in monitoring sub-
recipients. In addition, audited financial statements are required as a part of the
application process and under the terms of the contract.
E. The Combined Application
In 2001, the City of Clearwater's Social Service Grant program will be combined with
the Community Development Grant Program. The primary objective is to standardize the
application process, eliminate potential duplication of funding and provide an efficient
method of funding social service agencies.
Administration of the grants will continue to be operated separately, with the Housing
Division maintaining responsibility for the CDBG, HOME and SHIP programs and the
Human Relations Department's being responsible for the Social Service Grant Program
City ofClearwulcr Consolidated Plan
Page 53
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City of Clearwater, Florida
Consolidated Plan
2000-2005
Appendices
,.
~~'
10. Certifications
11. Citizen Participation Plan
12. Glossary
13. Public Housing Plan
14. Neighborhood Revitalization Strategy (1995)
15. SHIP l,ocal Housing Assistance Plan 2000-2003
16. Program Description: City of Clearwater Housing Pool
"
City of Clearwater Consolidated Plan
Page 54
Appendices: Section 3, Glossary
GENERAL DEFINITIONS USED WITH THE eRAS
Affordable Housing: Affordable housing is generally defined as housing where the occupant is paying no
more than 30 percent of gross income for gross housing costs, including utility costs.
AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions
arising from the etiologic agent for acquired immunodeficiency syndrome.
Alcohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that significantly
limits a person's ability to live independently.
Assisted Household or Person: For the purpose of identification of goals, an assisted household or person
is one which during the period covered by the annual plan will receive benefits through the Federal funds,
either alone or in conjunction with the investment of other public or private funds. The program funds
providing the benetit(s) may be from any funding year or combined funding years. A renter is benefited if
the person take s occupancy of affordable housing that is newly acquired, newly rehabilitated, or newly
constructed, and/or receives rental assistance through new budget authority. An existing homeowner is
benefited during the year if the home's rehabilitation is completed. A first-time homebuyer is benefited if
a home is purchased during the year. A homeless person is benefited during the year if the person
becomes an occupant of transitional or permanent housing. A non-homeless person with special needs is
considered as being benefited, however, only if the provision of supportive services is linked to the
acquisition, rehabilitation, or new construction of a housing unit and/or the provision of rental assistance
during the year. Households or persons who will benefit from more than one program activity must be
counted only once, To be included in the goals, the housing unit must, at a minimum, satisfy the HUD
Section 8 Housing Quality Standard (see 24 CFR section 882.109). See also, instructions for completing
Table 38 of the CHAS and Table 1 of the Annual performance Report.
Certification. A written assertion based on supporting evidence, that must be kept available for inspection
by HUD, by the Inspector General of HUD, and by the public. The assertion shall be deemed to be
accurate unless HUD determines otherwise, after inspecting the evidence and providing due notice and
opportunity for comment.
Consolidated plan (or "the plan"). The document that is submitted tHUD that serves as the planning
document (comprehensive housing affordability strategy and community development plan) of the
jurisdiction and an application for funding under any of the Community Planning and Development
formula grant programs (CDBG, ESG, HOME, or HOPW A), which is prepared in accordance with the
process prescribed in this part.
Consortium. An organization of geographically contiguous units of general local government that are
acting as a single unit of general local government for purposes of the HOME program (see 24 CFR part
92).
Cost burden. The extent, to which gross housing costs, including utility costs, exceed 30 percent of gross
income, based on data available from the U.S. Census Bureau.
Committed: Generally means there has been a legally binding commitment of funds to a specific project
to undertake specific activities.
City ofClcarwaler Consolidated Plan
Page 55
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Consistent with the CHAS: A determination made by the jurisdiction that a program application meetings
the following criterion: The Annual Plan for that fiscal year's funding indicates the jurisdiction planned to
apply for the program or was willing to support an application by another entity for the program; the
location of activities is consistent with the geographic areas as specified in the plan; and the activities
benefit a category of residents for which the jurisdiction's five-year strategy shows a priority.
Cost Burden> 30%: The extent to which gross housing costs, including utility costs, exceed 30 percent of
gross income, based on data published by the V. S. Census Bureau.
Cost Burden> 50% (Severe Cost Burden): The extent to which gross housing costs, including utility costs,
exceed 50 percent of gross income, based on data published by the V,S. Census Bureau,
Disabled Household: A household composed of one or more persons at least one of whom is an adult (a
person of at least 18 years of age) who has a disability. A person shall be considered to have a disability if
the person is determined to have a physical, mental or emotional impairment that: (1) is expected to be of
long-continued and indefinite duration, (2) substantially impeded his or her ability to live independently,
and (3) is of such a nature that the ability could be improved by more suitable housing conditions, A
person shall also be considered to have a disability if he or she has a developmental disability as defined in
the Developmental Disabilities Assistance and Bill of Rights Act (42 V.S.C. 6001-6006). The term also
includes the surviving member or members of any household described in the first sentence of this
paragraph who were living in an assisted unit with the deceased member of the household at the time of his
or her death.
Economic Independence and Self-Sufficiency Program~ Programs undertaken by Public Housing
Agencies (PHAs) to promote economic independence and self-sufficiency for participating families. Such
programs may include Project Self-Sufficiency and Operation Bootstrap programs that originated under
earlier Section 8 rental certificate and rental voucher initiatives, as well as the Family Self-Sufficiency
program. In addition PHAs may operate locally-developed programs or conduct a variety of special
projects designed to promote economic independence and self-sufficiency.
Elderly Person: A person who is at least 62 years of age.
a particular housing need. (See also, "'Secondary Housing Activity".)
Project-Based (Rental) Assistance: Rental Assistance provided for a project, not for a specific tenant.
Tenants receiving project-based rental assistance give up the right to that assistance upon moving from
the project.
Public Housing ClAP: Public Housing Comprehensive Improvemmt Assistance Program.
Public Housing MROP: Public Housing Major Reconstruction of Obsolete Projects.
Rent Burden> 30% (Cost Burden): The extent to which gross rents, including utility costs, exceed 30
percent of gross income, based on data published by the V,S. Census Bureau.
Elderly Household: For HUD rental programs, a one or two person household in which the head
of the household or spouse is at least 62 years of age.
Emergency shelter. Any facility with overnight sleeping accommodations, the primary purpose of which
is to provide temporary shelter for the homeless in general or for specific population of the homeless.
City of Clearwater Consolidated Plan
Page 56
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Existing Homeowner: An owner-occupant of residential property who holds legal title to the
property and who uses the property as his/her principal residence.
Extremely low-income family. Family whose income is between 0 and 30 percent of the median income
for the area, as determined by HUD with adjustments for smaller and larger families, except that HUn
may establish income ceilings higher or lower than 30 percent of the median for the area on the basis of
HUD's findings that such variations are necessary because of prevailing levels of construction costs for
fair market rents, or unusually high or low family incomes.
Family: See definition in 24 CFR 8122 (The National Affordable Housing Act definition required to be
used in the CHAS rule differs from the Census definition). The Bureau of Census defines a family as a
householder (head of household) and one or more other persons living in the same household who are
related by birth, marriage or adoption. The term "household" is used in combination with the term
"related" to the CHAS instructions such as for Table 2, when compatibility with the Census definition of
family (for reports and data available from the Census based upon that definition) is dictated (See also
"homeless Family.")
Family self-sufficiency (FSS) Program: A program enacted by Section 554 of the National Affordable
Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (lHAs) to
use Section 8 assistance under the rental certificate and rental voucher programs, together with public and
private resources to provide supportive services, to enable participating families to achieve economic
independence and self-sufficiency.
Federal Preference for Admission: The preference given to otherwise eligible applicants under HUD's
rental assistance program who, at the time they seek assistance, are involuntarily displaced, living in
substandard housing, or paying more than 50 percent of family income for rent. (See, for example, 24
CFR 882.219.)
First-Time Homebuver: An individual or family who has not owned a home during the threo-year period
preceding the HUD-assisted purchase of a home that must be used as the principal residence of the
homebuyer, except that any individual who is a displaced homemaker (as defined in 24 CFR 92) or a
single parent (as defined in 24 CFR 92) may not be excluded from consideration as a first-time
homebuyer on the basis that the individual, while a homemaker or married, owned a home with his or her
spouse or resided in a home owned by the spouse.
FHA: The Farmers Home Administration or programs it administers.
For Rent: Year round housing units that are vacant and offered/available for rent (U.S. Census definition),
For Sale: Year round housing units that are vacant and offered/available for sale only (U.S, Census
definition)
Frail EIdem: An elderly person who is unable to perform at least 3 activities of daily living (i.e., eating,
dressing, bathing, grooming and household management activities). (See 24 CFR 889.105.)
Group Quarters: Facilities providing living quarters that are not classified as housing units. (U.S. Census
definition). Examples include prisons, nursing homes, dormitories, military barracks and shelters.
HOME: The HOME Investment Partnerships Programs, which is authorized by Title II of the National
Affordable Housing Act.
City of Clearwater Consolidated Plan
Page 57
Homeless Family: Family that includes at least one parent or guardian and one child under the age of 18,
a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person
under the age of 18.
Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older)
without children.
Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations described
by terms "sheltered" or "unsheItered".
Homeless family with children. A family composed of the following types of homeless persons at least
one parent or guardian and one child under the age of 18; a pregnant woman; or a person in the process of
securing legal custody ofa person under the age of 18.
Homeless sub populations. Include, but are not limited to the foIIowing categories of homeless persons:
severely mentaIIy ill only, alcohol/drug addicted only, severely mentally ill and alcohol/drug addicted,
fleeing domestic violence, youth, and persons with HIV/AIDS.
HOPEl: The HOPE for Public and Indian Housing Horneownership Program, which is authorized by
Title IV, Subtitle A of the National Affordable Housing Act.
HOPE2: The HOPE for Homeownership of Multifamily Units Program, which is authorized by Title IV,
Subtitle B of the National Affordable Housing Act.
HOPE3: The HOPE for Homeownership of Single Family Homes Program, which is authorized by Title
IV, Subtitle C of the National Affordable Housing Act.
Household: One or more persons occupying a housing unit (U.S. Census definition), See also "Family"/
Housing Problems: Households with housing problems include those that: (1) occupy units meeting the
definition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost
burden greater than 30%. Table lC requests non-duplicative counts of households that meet one or more
of these criteria.
Housing Unit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended
as separate living quarters. (U.S. Census definition)
Institution/lnstitutional: Group quarters for persons under care or custody. (U.S. Census definition)
Jurisdiction. A State or unit of general local government.
Large Related Family: A household of 5 or more persons that includes at least one person related to the
householder by blood, marriage or adoption.
Lead-based paint hazards. Any condition that causes exposure to lead from lead-contaminated
dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible
surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects
as established by the appropriate Federal agency. (The following language will replace the
definition of"iead-based paint hazards" in 91.5 and be effective on 9/15/2000. Lead-based paint
hazards mealls lead-based paint hazards as defined ill part 35, subpart B of this title.)
City of Clearwater Consolidated Plan
Page 58
LIHTC: (Federal) Low Income Housing Tax Credit
Low Income: Households whose incomes do not exceed 80 percent of the median income for the area, as
determined by BUD with adjustments for smaller and larger families, except that HUD may establish
income ceilings higher or lower than 80 percent of the median for the area on the basis of HUD' s findings
that such variations are necessary because of prevailing levels of construction costs or fair market rents,
or unusually high or low family incomes. NOTE: HUD income limits are updated annually and are
available from local HUD offices (This term corresponds to low-and moderate-income households in the
CnBG Program.)
Middle-income family. Family whose income is between 80 percent and 95 percent of the median
income for the area, as determined by HUD, with adjustments for smaller and larger families, except that
HUD may establish income ceilings higher or lower than 95 percent of the median for the area on the
basis of HUD' s findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This corresponds to the term
Hmoderate income family" under the CHAS statute, 42 U,S.C. 12705.)
Moderate Income: Households whose incomes are between 81 and 95 percent of the median income for
the area, as determined by HUD, with adjustments for smaller or larger families, except that BUD may
establish income ceilings higher or lower than 95 percent of the median for the area on the basis of
HUD's findings that such variations are necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low family incomes. (This definition is different that that for the
CDBG Program)
Non-Elderly Household: A household that does not meet the definition of "Elderly Household," as
defined above.
Non-Homeless Persons with Special Needs: Includes frail elderly persons, persons with AIDS, disabled
families, and families paliicipating in organized programs to achieve economic self-sufficiency.
Non-Institutional: Group quarters for persons not under care or custody. (U.S. Census definition used)
Occupied Housing Unit: A housing unit that is the usual place of residence of the occupant(s),
Other Household: A household of one or more persons that does not meet the definition of a Small
Related household, Large Related household or Elderly Household.
Other Income: Households whose incomes exceed 80 percent of the median income for the area as
determined by the Secretary, with adjustments for smaller and larger families.
Other Low-Income: Households whose incomes are between 51 and 80 percent of the median income for
the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 80 percent of the median for the area on the basis of
HUD's findings that such variation are necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes. (This term corresponds to moderate-income in the
CDBG Program,)
Other Vacant: Vacant year round housing units that are not For Rent or For Sale. This category would
include Awaiting Occupancy or Held.
City ofClcanvalcr Consolidated Plan
Page 59
Overcrowded: A housing unit containing more than one person per room (V,S, Census definition)
Owner: A household that 0\\115 the housing unit it occupies (U.S. Census definition)
Person with a disability. A person who is determined to:
(1) Have a physical, mental or emotional impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live independently; and
(iii)
conditions; or
Is of such a nature that the ability could be improved by more suitable housing
(1) Have a developmental disability, as defined in section 102(7) of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S,C. 6001-6007); or
(2) Be the surviving member or members of any family that had been living in an assisted unit
with the deceased member of the family who had a disability at the time of his or her death.
Poverty level family. Family with an income below the poverty lines, as defined by the Office of
Management and Budget and revised annually.
Physical Defects: A housing unit lacking complete kitchen or bathroom (U.S. Census definition).
Jurisdictions may expand upon the Census definition.
Primary Housing Activity: A means of providing or producing affordable housing- such as rental
assistance, production, rehabilitation or acquisition - that will be allocated significant resources and/or
pursued intensively for addressing
Rent Burden> 50% (Severe Cost Burden): The extent to which gross rents, including utility costs exceed
50 percent of gross income, based on data published by the U.S. Census Bureau.
Rental Assistance: Rental assistance payments provided as either project-based rental assistance or tenant-
based rental assistance.
Renter: A household that rents the housing unit it occupies, including both units rented for cash and those
occupied without cash payment of rent. (U.s. Census definition)
Renter Occupied Unit: Any occupied housing unit that is not owner occupied, including units rented for
cash and those occupied without payment of cash rent.
Rural Hornelessness Grant Program: Rural Homeless Housing Assistance Program, which is authorized
by Subtitle G, Title IV of the Stewart B. McKinney Homeless Assistance Act.
State. Any State of the United States and the Commonwealth of Puerto Rico
Second~ HQ.using Activity: A means of providing or producing affordable housing - such as rental
assistance, production, rehabilitation or acquisition - that will receive fewer resources and less emphasis
City ofCleaTWatcr Consolidated Plan
Page 60
than primary housing activities for addressing a particular housing need. (See also, "Primary Housing
Activity".)
Section 215: Section 215 of Title II of the National Affordable Housing Act. Section 215 defines
"affordable" housing projects under the HOME program.
Service Needs: The particular services identified for special needs populations. which typically may
include transportation, personal care, housekeeping, counseling, meals, case management, personal
emergency response, and other services to prevent premature institutionalization and assist individuals to
continue living independently.
Severe Cost Burden: See Cost Burden >50%
Severe Mental Illness: A serious and persistent mental or emotional impairment that significantly limits a
person's ability to live independently.
Sheltered: Families and persons whose primary nighttime residence is a supeIVised publicly or privately
operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence
shelters, residential shelters for runaway and homeless youth, and any hotel/motel/apartment voucher
arrangement paid because the person is homeless. This telm does not include person living doubled up or
in overcrowded or substandard conventional housing. Any facility offering permanent housing is not a
shelter, or are its residents homeless.
Small Related: A household of 2 to 4 persons that includes at least one person related to the householder
by birth. marriage, or adoption.
Substandard: A housing unit that has one or more minimum housing code violations.
Substandard but Suitable for Rehabilitation: A substandard unit is suitable for rehabilitation if repair is
equalto or less than 75% of its value subsequent to rehabilitation.
Substandard Condition and not Suitable for Rehab: By local definition, dwelling units that are in such
poor condition as to be neither structurally nor financially feasible for rehabilitation.
Substantial Amendment: A major change in an approved housing strategy. It involves a change to the
five-year strategy, which may be occasioned by a decision to undertake activities or programs
inconsistent with that strategy,
Substantial Rehabilitation: Rehabilitation of residential property at an average cost for the project in
excess of $25,000 per dwelling unit.
Supportive Housing: Housing, including Housing Units and Group Quarters. that have a supportive
environment and includes a planned service component.
Supportive Service Need in FSS Plan: The plan that PHAs administering a family self.sufficiency
program are required to develop to identify the services they will provide to participating families and the
source of funding for those services. The supportive services may include child care; transportation;
remedial education; education for completion of secondary or post secondary schooling; job training,
preparation and counseling; substance abuse treatment and counse1ing~ training in homemaking and
parenting skills; money management and household management; counseling in homeownership; job
development and placement; follow-up assistance after job placement; and other appropriate services.
City of Clearwater Conso\ idatcd Plan
Page 61
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Supportive Services: Services provided to residents of supportive housing for the purpose of facilitating
the independence of residents. Some examples are case management, medical or psychological
counseling and supervision, childcare, transportation, and job training.
Tenant-Based (Rental Assistance: A form of rental assistance in which the assisted tenant may move
from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not
for the project.
Transitional housing. A project that is designed to provide housing and appropriate supportive services to
homeless persons to facilitate movement to independent living within 24 months, or a longer period
approved by HUD. For purposes of the HOME program, there is no HUD-approved time period for
moving to independent living.
Total Vacant Housing Units: Unoccupied year round housing units (U,S. Census definition)
Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not
designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., streets,
parks, alleys).
Unit of general local govemment A city, town, township, county, parish, village or other general purpose
political subdivision of a State; an urban county; and a consortium of such political subdivisions
recognized by HUD in accordance with the HOME program (24 CFR part 92) or the CDBG program (24
CFR part 570).
Urban county. See definition in 24 CFR 570.3.
(60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan 25,1995, as amended at 61 FR 5205, Feb. 9,1996; 64 FR 50223, Sep.
15, 1999)
Vacant Awaiting Occupancy or Held: Vacant year round housing units that have been rented or sold and
are currently awaiting occupancy, and vacant year round housing units that are held by owners or renters
for occasional use. (U.S. Census definition)
Vacant Housing Unit: Unoccupied year-round housing units that are available or intended for occupancy
at any time during the year.
Very Low-Income: Households whose incomes do not exceed 50 percent of the median area income for
the area, as determined by HUD, with adjustments for smaller and larger families and for the areas with
unusually high or low incomes or where needed because of prevailing levels of construction costs or fair
market rents. (This tenn corresponds to low-income households in the CnBG Program,) (For the
purpose of further distinguishing needs within this category, two subgroups (0 to 30% and 31 to 50% of
f\1FI) have been established in the CHAS tables and narratives.
Worst Case Needs: Unassisted, very low-income renter households who pay more than half of their
income for rent, live in seriously substandard housing (which includes homeless people) or have been
involuntarily displaced.
Year Round Housing Units: Occupied and vacant housing units intended for year round use. (U.S.
Census definition,) Housing units for seasonal or migratory use are excluded,
NOTE: Terms not defined above may be defined in the specific instructions for each table. If a term is
not defin.ed. the jurisdiction is to provide its o\\'n dclinition.
City of Clearwater Consolidated Plan
Page 62
LEAD-BASED PAINT DEFINITIONS
Abatement: Abatement means any set of measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by appropriate Federal agencies. Such term includes:
· The removal of lead-based paint and lead contaminated dust. The permanent containment or
encapsulation oflead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or
covering of lead-contaminated soil; and
. All preparation, cleanup, worker protection, disposal, and post-abatement clearance testing activities
associated with such measures.
Encapsulation: A method of abatement that involves the coating and sealing of surfaces wi th durable,
surface coatings specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-
lasting and resilient, while also resistant to cracking, peeling, algae, fungus and ultraviolet light.
Encapsulation prevents any part of the lead-containing paint from becoming part of house dust or
otherwise accessible to children. Paint does not encapsulate
Enclosure: The resurfacing or covering of surfaces with durable materials such as gypsum board or
paneling, and sealing or caulking the edges and joints. Enclosure prevents or control chalking, flaking,
peeling, scaling, or loose lead-containing substances from becoming part of house dust or otherwise
accessible to children.
Interim Controls: "Interim controls" means a set of measures designed to temporarily reduce human
exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs,
maintenance, painting, temporary containment, ongoing monitoring of leadbased paint hazards or
potential hazards, and the establishment and operation of management and resident education programs.
Interim Guidelines: HUD's manual of lead-hazard reduction practices: "Lead-Based Paint: Interim
Guidelines for Hazard Identification and Abatement in Public and Indian Housing", revised September,
1990 and l\lay, 1991.
HEPA: (High efficiency particulate accumulator): A vacuum cleaner fitted with a filter capable of
filtering out particles of 0.3 microns or greater from a body of air at 99.97 percent efficiency or more.
Lead Based Paint: The HUD thresholds or action levels for abating lead-based paint arc: one milligram
per square centimeter (1 mg/cn12); or 0.5% by weight.
Lead-Based Paint Hazard: "Lead-based paint hazard" means any condition that causes exposure to lead
from lead-contaminated dust, lead contaminated soil, lead contaminated paint that is deteriorated or
present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human
health effects as established by the appropriate Federal agency.
Lead-Colltaminated Soil: '"Lead-contaminated soil" means bare soil on residential real property that
contains lead at or in excess of the level determined to be hazardous to human health by the appropriate
Federal agency.
Laboratory Accreditation: A laboratory that has been approved by a state, to perform analyses oflead in
paint and dust and whose approval is consistent with criteria established by the Environmental Protection
--Ae,eu0). c:
City ofClcarwutcr Consolidated Plan
Page 63
Lead-in Dust: Interior house surface dust that contains an area concentration of lead and may pose a
threat of adverse health effects in pregnant women or young children. A hazard exists if concentrations
exceed the Maximum Acceptable Standards: 200 micrograms per square foot (ug/sq.ft.) on floors, 500
ug!Sq. ft. n window sills, and 800 ug!sq. ft. on window wells.
Replacement: A strategy of abatement that removes components such as windows, doors and trim that
have lead-based painted surfaces, and installs new or de-leaded components free oflead-based paint.
Residential Dwelling: (a) a single-family dwelling including attached stnlctures such as porches and
stoops; or (b) a single-family dwelling unit in a structure that contains more than 1 separate residential
dwelling unit, and in which each unit is used or occupied, or intended to be used or occupied, in whole or
in pat, as the home or residence of 1 or more p{'Tsons.
Risk Assessment: "Risk assessment" means an on-site investigation to determine and report the
existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including: (a)
information gathering regarding the age and history of the housing and occupancy by children under age
6; (b) visual inspection; (c) limited wipe sampling or other environmental sampling techniques; (d) other
activity as may be appropriate; and (e) provision of a report explaining the results of the investigation.
Substrate: The material to which a coating such as paint is applied, Residential substrates are usually
wood, plaster, masonry, gypsum board, or metal, including components such as doors and doorfi'ames,
windows and window trim, other trim, walls, ceilings, cabinets, and other built-in-storage,
Surface: The outer or topmost boundary of a substrate,
Testing: The measurement of lead in painted surfaces by Federal-or State-certified personnel
using a portable X-ray fluorescence analyzer, laboratory analysis of paint samples, or other
methods approved by HUD.
Title X: The Residential Lead-Based Hazard Reduction Act of 1992 (Public Law 102-550)
signed into law on October 28, 1992.
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Wipe Test: The testing of a surface for the presence of lead dust by the patterned wiping of the
surface, followed by analysis of the wipe by atOlnic absorption spectroscopy, giving the result in
micrograms of lead per square foot of surface. For clearance purposes, a sample of floors,
window sills and window wells should be tested in accordance with HUD's Interim Guidelines.
The guidelines require that for clearance, all surfaces shall have less than the maximum
allowable concentration standard of 200 ug/sq.ft. on floors, 500 uglsq. ft. on windowsills and 800
ug/sq. ft. on window wells.
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XRF Analyzer: A portable instnlment that determines lead concentration in milligrams per
square centimeter (mglcm2) using principle of X-ray fluorescence. The instrument may measure
mean lead content or lead content plus a spectrum of other elements.
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Agenda Cover Memorandum
Work session Item #:
Final A~enda Item '#
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Meetln~ Date:
01120/00
SUaJECT/RECOMMENDATlON: Approve the applicant's request to vacate the 60.0 foot right-
of-way of Third Avenue South lying East of U.S. Highway 19 and West of Chautauqua Avenue
(fonnerly Main Street) and pass Ordinance Number 6476-00 on the first reading, (V99-13 -
DIMMITT)
IE) and that the appropriate officials be authorized to execute same.
SUMMARY:
o The applicant is proposing to incorporate the right-of-way of Third A venue North into the existing
operations of the auto dealership.
· The right-of-way is unimproved, not being used by vehicular traffic and contains no City
infrastructure.
· Public Works Administration is recommending the vacation of this right-of-way.
· Rorida Power and GTE have no objection provided an easement is granted for their facilities. Time
Warner and GTE Media Ventures have no objections to the vacation request.
Reviewed by:
Legal Info Srvc N/A
~
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Budget N/A Public Works
Purchasing N1A DCM/ACM
Risk M gmt Other N/A
Originating Cept: qJ
Public Works Ad';'~r.Mion
Costs N/A
Total
Submitted by:
City Manager
User Dept.
N/A
Attachments
Orrd. No. 6476-00
Location Map
Current FY
Funding Source:
CI
OP
at her
Appropriation Code:
Printed on recycled paper
VACATION 99-13 DIMMITT
ORDINANCE NO. 6476.00
9
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
VACATING THE eO-FOOT RIGHT-OF-WAY OF THIRD AVENUE
SOUTH LYING EAST OF U.S. HIGHWAY 19 AND WEST OF
CHAUTAUQUA AVENUE '(FORMERLY MAIN STREET);
PROVIDING AN EFFECTIVE DATE.
WHEREAS. Lawrence H. Dimmitt, III. owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit "A" attached
hereto; and
WHEREAS. the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public that the
same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The following:
60 Foot Right-of-Way of Third Avenue South lying East of U.S. Highway 19 and
West of Chautauqua Avenue (formerly Main Street)
is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and
interest thereto. The City of Clearwater shall not be responsible for the removal, restoration or
replacement of asphalt or other improvements lying in this vacated right-of-way.
Section 2. The City Clerk shall record this ordinance in the public records of Pinellas
County. Florida, following adoption.
Section 3, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to fonn:
Q:-
Assistant City Attorney
Attest
Cynthia E. Goudeau
City Clerk
Ordinance No. 6476-00
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Fi nal Agenda Item # _\ 0
Meeting Date: 07/20/00
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the irregular 40.0 foot
right-of-way of North Osceola Avenue lying North of Jones Street and South of Georgia Street, less the
northernmost portion of North Osceola Avenue running South from the South right-af-way line of
Georgia Street for a distance of approximately 370 feet, subject to the applicant granting a new 30.0
foot right-of-way, constructing a realignment of North Osceola Avenue and granting a 20 foot drainage
and utility easement, and pass Ordinance Number 6.530-00 on the first reading, (V2000-06 Osceola
Bay Development, lLQ
U9 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The applicant is proposing to use the right-of-way and adjacent properties to construct a one hundred and fifty
(150) unit condominium compiex.
o The right-of-way is a paved one-way northbound roadway being used by veh icular and pedestrian traffic.
Vehicular and pedestrian traffic will be maintained while the realignment of North Osceola Avenue is
constructed.
. The City has existing utilities located within this right-of-way that will be relocated during development at the
applicants expense. The sanitary sewer main will be relocated into the proposed 20.0 foot drainage and utility
easement at the applicants expense, and the water main, gas main and street lighting will be relocated into the
proposed realigned right-of-way of North Osceola Avenue at the applicants expense.
. Public Works Administration is recommending the vacation of this right-of-way, subject to the applicant
granting the proposed 20.0 foot drainage and utility easement and the proposed 30.0 foot realigned right-of-
way, as well as constructing the realigned roadway, sidewalk, utilities and street lighting. The applicant
acknowledges that any improvements constructed over or across the easement area are constructed at the
applicant's own risk, and to the extent that such improvements are damaged by the City's utilization of the
easement, the City shall not be required to restore such improvements.
. The realigned North Osceola Avenue will include twenty five (25) foot turning radii at Jones Street.
~ GTE and Time Warner have no objection provided the applicant bears the cost for relocating their facilities.
Florida Power and GTE Media Ventures have expressed no objection provided an adequate easement is
provided and they are reimbursed for the cost to relocate their facilities,
e The Community Development Board approved this vacation request at the June 20, 2000 meeting.
. Representatives of the Old Clearwater Bay Association have reviewed the proposed realignment plan for
Osceola Avenue and have no objections.
I Reviewed by:
I Lagal $&
, Budget NI A
'Purchasing ,N/A
Risk Mgmt N/A
t
Info Srvc
N/A
Originating Dept: ... 10
Public Works Admi1Jt~~ion
, .
Costs N/ A
Total
Public Works
DCM/ACM
other
~
N/A
User Dept.
N/A
Attachments
Ord. No. 6530..00
L.ocatloo Map
Current FY
Funding Source:
CI
OP
Olher
Submitted by:
City Manager
-
Appropriation Code:
-OP;inted on recycled paper
VACATION 2000-06 Osceola Bay Development, LLC
\0
ORDINANCE NO.6530-QQ
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE IRREGULAR 40-FOOT RIGHT-
OF-WAY OF NORTH OSCEOLA AVENUE LYING NORTH
OF JONES STREET AND SOUTH OF GEORGIA STREET,
LESS THE NORTHERNMOST PORTION OF NORTH
OSCEOLA AVENUE RUNNING SOUTH FROM THE SOUTH
RIGHT-OF-WAY LINE OF GEORGIA STREET FOR A
DISTANCE OF APPROXIMATELY 370 FEET, SUBJECT TO
SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Osceola Bay Development, LLC, owner of real property located in the
City of Clearwater. has requested that the City vacate the right-at-way depicted in Exhibit
A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be to the best interest at the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following: irregular 40 foot right-of-way of North Osceola Avenue
lying North of Jones Street and South of Georgia Street, less the northernmost portion of
North Osceola Avenue running South from the South right-of-way line of Georgia Street
for a distance of approximately 370 feet is hereby vacated, closed and released and the
City of Clearwater releases all of its right, title and interest thereto, contingent upon the
following conditions:
1. Osceola Bay Development, LLC recording legal documents dedicating a
new 30.0-foot right-of-way to accommodate the realignment of North
Osceola Avenue. and a 20.0-foot drainage and utility easement to
accommodate the relocated eight inch sanitary sewer main,
2. The realigned North Osceola Avenue roadway improvements being
constructed and completed by Osceola Bay Development, LLC and
accepted by the City of Clearwater and the appropriate regulatory agencies.
The City of Clearwater will require a 25-foot minimum turning radii at North
Osceola Avenue and Jones Street.
3. All public and private utilities being relocated by Osceola Bay Development,
LLC and being approved and accepted by the Utility Owners.
Ordinance No. 6530-00
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4. All public and private utilities within the vacated Osceola Avenue right-of-
way being taken out of service by Osceola Bay Development, LLC under
the direction of the utility owners.
5. All of the above conditions will be completed to the satisfaction of the City of
Clearwater prior to the vacation becoming effective, and shall in any extent
be completed on or before July 31, 2001, Failure to complete said
conditions by July 31,2001, shall render this Ordinance null and void.
~ection 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
, 1
Attest:
Leslie K. Dougall- i es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6530-00
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Osceola Bay Devdopment
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
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PUBLIC WORKS ADMINISTRATION
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Clearwater City Commission
r Lb d-- Agenda Cover Memorandum
Worksession Item #
Final Agenda Item # -n
Meeting Date
July 20. 2000
SUBJECTIRECOMMENDA TION:
Amendments to the Community Development Code.
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance No.
6573-00 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
When considering Ordinance No. 6526-00 at the June meetings, the City Commission deferred action on
several issues. Attached please find Ordinance No. 6573-00 which proposes amendments to the Community
Development Code addressing the following issues as requested by the Commission:
. Regulations restricting the renting of residential property;
. 'Regulations regarding the permitted duration of portable storage units on residential and non-residential
property;
. Increased amount of permitted window signage;
. Regulation of temporary sign coverings;
. Allowance of two signs instead of one on portable storage units; and
. Prohibition of parking on landscaped areas in front setbacks in residentially zoned districts.
Staff is also requesting that four additional amendments not previously discussed by the Commission be
considered:
. Allowance of roof structures on publicly owned boardwalks and observation platforms;
. Expansion of nuisance provisions regarding newsracks;
. Refinement of the nonconfonning purpose provisions; and
. Reduction in amount of time given to correct a nuisance violation.
Revie\Ned by: '"
Legal :>'
Budget . A::::>
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Comnission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
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o Not Required
Affected Parties
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o Not Required
Funding Source:
o Capital Improvement:
o Operating:
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Attachnents:
&.dmittcd by:
Apf:Iropriation Code
o None
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At the July 171h workshop, staff will address issues that were raised by the Clearwater Coalition of
Homeowner's Association and the request to amend the sign ordinance presented by Mr. Rapp. Staff is not
supporting amendments in regard to these issues.
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The Community Development Board will review the proposed amendments at its regularly scheduled
meeting on July 18, 2000 and make a recommendation to the Commission. Staff will report the
recommendation at the City Commission meeting.
2
P.01
JUN-23-2000 13:03
COMMlSS\ON
mo.uor-
~ \:..OM f..1
NICHOLAS FRITSCH
JUN ") 3 ';,.. ,":'
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JOE CALIO
PRESS
CLERK I A, TTOANEV
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City of Clearwater l I'" " . i LuuJ
Mr. Ralph Stone, Director of PlannIng L___
PLANNING & DEVELOPMENT
Dear Mr. Stone, SEFlVICES
I CITY OF CLEARWG~fl __J
RE: The Overnight Accommodation Provision in the New ~e-.
We \YOuld like to seek a workable compromise to the State proviSion for rentals less
than 30 days. First, we feel that the present County Rules, which provide for a Resort Facilities
Overtay category should be included in the City Code language. This would facilitate areas
such as North Clearwater Beach to re-zone to fit the individual neighborhoods as the neighbors
see fit.
1310 Gulf Boulevard # 8 - 0
Clearwater, FL 33767 -2860
595-6528
June 22. 2000
~"GuJf Boulevard #1808
Mater, FI. 33767 .2860
059
I I
Additionally, we agree to adept the portion of the State Statutes' definition of "public
lodging establishment." But we would modify both the number of times per year from three
times per year; to <<up to tvvo times per yea~ and limit the use exclusively to accommodate
special nationa' or intemational sporting events or national political party conventions which
would be specifically named in the following paragraph. This provision would allow the City of
Clearwater to fully participate with the Tampa Bay Area in the following named premier events
where commercial accommodations are insufficient in number to provide for first, class
accommodations of the visitors.
Specific events that are acceptable are: The Outback Bowl, The NFL Superbowl, The
MLB World Series, The NBA Playoff Finals, The NCAA Final Four Basketball Tournament, a
future NCAA Football National Championship Game, The Worfd Olympics - Summer Games,
The Republican NationaJ Convention or The Democratic National Convention.
In crosing. there must be clear distinctions between residential and commercial
neighborhoods; but we recognize the need for the City to be a full partner in the economic
benefits and PR of a national event in the Bay Area. These compromises will be a win - win.
Thank you very much for all of your guidance and leadership in the New City Code. We
also appreciate Ms. Gina Clayton's organization and attention to the details in preparing the
Code.
~~~,
. ~Jen Flit
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(J1{~o::;;;mmiSSione~ HOOpe~e:;:; f~ Roberto I
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Clearwater Development Code Update
What are open issues?
Recommendations
1. PODS; " . . '.
a:. $~c3~~103(G)(2)~owsa p9rtable Storage unit with.Iimited sigmige'for.,
96 hours. 'Simple ~nderstandable - we all now'agree. ,'..'
b. Sec 3-2103(B)(3) 'allows a portable storage unit related to construction.
This is a,mess,' Still niaI1Y questions: '.
i. how should we treatresideiltial differently than,commercial?
ii. how long' should w~ allow them during a lengthy, period of
construction?
Hi. when does all: active .building permite.nd?' , '.. ~ .". ,
iv. Should tbi~ be:;limite~:to.()11lycertainkinds ofpennits (pennit-for a
ne~'s~gpoold() I get/need a POD)? '
Staff says 'York on this sorilemorein July. ' , '
c! ~C01v1MEN1?ATION:, First;J delete,'Secj-~103(B)(3).fr01n , . , " ,: ,,' ,.'" ,,', ::~, .
, 'co~i,~er~ijo~ftoday.~econcl~ifyou thi~this'.needs!more. conSideration;:v..::<,' :~:' ,,'\ ":"::;'.':i,
. let,th~stattandthe.ptiblicwo'rkon.this:iiidconl~~.back ih;July~ ' . '. '.; ,'," " ,
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2. Temporary Yard Signs
a, Current ,code, allows conunercial advertising, signs in residential, areas, for
up to '90 days'iy~ar. whY~o we need. ~onimer.cial signs:'jn residential? "
. b, This area is dealing withpolitical speech som~thing that Belleair arid
Clearwater both had problems with when challenged in court. Restricting
free speech is a high risk area. Best to get expert advice,
c. RECOl\1ME}"'DATION: Add this subject to the agenda for the July
review.
3. First Amendment Protection Language
a, Uncertain of status
b. RECOMMENDATION: Put on agenda for July review
4. Parking on Grass prohibition when suitable paved surfaces are available.
a. Support to do this tonight rather than waiting for separate first and second
reading on July 20 and Aug 3.
b. REC01v1MENDATION: Adopt tonight.
5. Temporary Signs Sec 3-1805(C):
a. You are adding "grand opening" with the amendments tonight.
b. Recent feedback from Community Response Team indicates this section is
an enforcement problem.
c. RECOM1vIENDATION: Put on agenda for July review.
6. \Vish you would reconsider: Telecommunication tower height and Transfer of
Development Rights.
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CDB Meeting Date: July 18. 2000
Case: T AOO-06-04
Agenda Item: C 2
CITY OF CLEARWATER
PLANNiNG AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code -
Ordinance No. 6573-00
INITIATED BY:
City of Clearwater City Commission and Planning Department
BACKGROUND INFORMATION:
When reviewing Ordinance No. 6526-00, Comprehensive Amendments to the
Community Development Code, the City Commission deferred action on several issues
that were either proposed in Ordinance No, 6526-00 or brought forward by citizens. The
following issues were deferred or recommended for further review until the July 20th
Commission meeting:
· Regulations restricting the renting of residential property~
· Regulations regarding the permitted duration of portable storage units on property
and the need to provide different regulations for residential and non-residential
property, and the allowance of two signs instead of one on portable storage units;
· The amount of permitted window signage;
· The regulation of temporary sign coverings; and
· The prohibition of parking on landscaped areas In front setbacks In residentially
zoned districts.
Staff is also requesting that four other amendments not discussed at either June meeting
be considered. The first issue is whether to permit roofed structures on publicly owned
boardwalks, observation platforms, and elevated nature trails, The second is to establish
newsracks on publicly owned property not in compliance with Code requirements as a
nuisance. The third is to revise the purpose statement of the nonconforming provisions;
and the fourth is to reduce the amount of time allotted for compliance for nuisance
violations from ten days to five days.
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Revised 07-14-00
The Community Development Board discussed and made a recommendation on several
of the issues found in this proposed Ordinance No. 6573-00 at its workshop and public
hearing earlier this year on the six month code update. Those issues included portable
storage units, the prohibition of parking on landscaped areas in the front setback on
residentially zoned property and the rental of residentially zoned property. It is in the
Board's discretion whether to discuss and entertain comment on these issues again.
Alternatively, the ,Board may hear comments and discuss only the new issues in this
proposal.
At second reading of the code update ordinance, a representative of the Clearwater
Coalition of Homeowner Associations submitted a list of recommendations on the
following seven issues for consideration by the Commission:
Portable storage units - concern about such units being permitted during the duration
of a construction permit in residential areas~
Temporary yard signs - concern that this permits commercial sIgns In residential
areas for up to 90 days~
Supporting the addition of First Amendment protection language In the sIgn
provIslOns~
Supporting the prohibition of parking on the grass~
TemporalY signs - concern about ability to enforce existing code provisions;
Opposed to an increased height for telecommunication towers: and
Support further restriction on transfer of development rights.
Staff was directed to review these and make a recommendation on each, Of these seven
issues, statT has drafted amendments to the portable storage unit provisions, added the
prohibition of parking on landscaped areas in residential areas, and revised the temporary
sign requirements. Of the remaining issues, staff's position remains unchanged with no
revisions proposed in these four areas.
The Planning Department is also evaluating the amendment to the sign code proposed by
developer Jim Rapp that would give the Community Development Board authority to
approve signs larger than permitted. Research on this issue is underway and statT will be
prepared to discuss this with the Community Development Board at the meeting.
Below please find a description of the amendments proposed in Ordinance No. 6573-00,
as well as a discussion of the issues raised by the Coalition, which are not included in the
proposed ordinance.
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Revised 07-14-00
ANALYSIS:
Proposed Ordinance No, 6573-00 includes amendments addressing nme Issues. A
description of the amendments regarding each issue follows,
1. Renting of Residential Dwellings (Pages 2 and 8 of proposed ordinance.)
Staff is proposing an amendment to address the length of time residential units may
be rented before being considered a transient accommodation use, A new section 3-
918, entitled Renting of Residential Dwellings, is being proposed to the General
Applicability provisions found in Article 3 which would permit the renting or leasing
of dwelling units in residential zoning districts for periods no less than thirty-one
days. Any property rented for less than thirty-one days would be considered a
transient accommodation and would not be permitted in a residential zoning district.
This proposed amendment is consistent with the current requirements of the Pinellas
Planning Council's Rules Concerning the Administration of the Countywide Land
Use Plan.
The other proposed amendment revises the definition of overnight accommodations
in Section 8-102 to be consistent with the State of Florida's definition of public
lodging establishment.
Another option to consider would be a regulation that permits a minimum number of
short-term rentals per year. Florida Statutes provides two thresholds for determining
if a property is operated as a public lodging establishment. The Board could consider
regulations that mirror Florida Statute by prohibiting dwelling units from being
advertised or held out to the public as a place regularly rented to guests or rented or
leased more than three times in a calendar year for periods of less than thirty days or
one calendar month at a time,
Staff has met with representatives of the Bay Area Apartment Association,
Clearwater Board of Realtors, Clearwater Chamber of Commerce, Clearwater Beach
Chamber of Commerce, Sand Key Civic Association, and the Clearwater Coalition of
Homeowner Associations to discuss these proposed amendments, Staff has also
discussed them with the Pinellas Planning Council. At this point, the Council is
deferring action until after the Clean.vater public hearing on this issue,
2. Parking on Landscaped Areas (Page 2 of the proposed ordinance.)
Staff is proposing to add a new subsection (4) to Section 3-1407(A) that would
prohibit the parking of vehicles and/or boats on landscaped areas in a required front
setback where parking is available on a paved driveway or existing designated non-
paved driveway, paved street or other paved area, The provision allows parking in
the setback on landscaped areas if no alternative paved area is available, Established
neighborhoods developed with no driveways could have vehicles parked on
landscaped areas if no other paved alternative exists,
3
Revised 07-14-00
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3. Temporary Sign Coverings/Grand Opening Signs (Page 3 of the proposed
ordinance. Not previously reviewed by the Community Development Board.)
In response to the recent increased use of temporary sign coverings such as toaster
covers, sign socks and sign boots, staff is proposing to address this issue in Section
3-1805(C) which regulates temporary signs. Staff originally proposed to prohibit
toaster covers to encourage a business to install a new sign. At the June 1st meeting,
the Commission directed staff to permit temporary coverings for grand openings for
new businesses or for business name changes and this has been added to the
ordinance. A provision was also added which imposes a time restriction of thirty
days after the issuance of an occupational license. Staff is also proposing to eliminate
the temporary sign that is permitted once a year for "periodic events."
The Coalition is concerned that the existing provisions are too difficult to enforce.
By eliminating periodic event signs and by relating grand opening signs to the
issuance of an occupational license, sign enforcement concerns are greatly
minimized. In order to accommodate the loss of one periodic event sign per year,
staff is also proposing increases in the amount of allowable window signage that is
discussed in the next issue below.
4. Window Signs (Page 3 of the proposed ordinance. Not previously reviewed by the
Community Development Board.)
Staff is proposing to amend the existing window sign provision that restricts window
signage to 200/0 of the window area on which the sign is located or 4 square feet,
whichever is less. Staff is proposing that window signage be permitted up to eight (8)
square feet in area provided that 25% of the window area on which the sign is located
is not exceeded. The amendment also imposes a maximum amount of window
signage of twenty-four (24) square feet so that window signage does not exceed the
amount of attached signage that is allowed,
The proposed increase in permitted window signage should also accommodate the
periodic event sign (Le, for special sales) which was deleted from Section 3-1805(C).
5. Portable Storage Units (Pages 4 - 7 of proposed ordinance.)
Staff is proposing several amendments to the portable storage unit prOVISIOns In
Section 3-2102(A), Section 3-2103(A)(6), 3-2103(B)(3) and 3-2103(C)(2), The
current regulations permit portable storage units for 96 hours or for the duration of a
construction permit on all property and permits one sign face, not exceeding 12" x
18" to be located on portable storage units. The City Commission directed staff to
provide different regulations for residential and non-residential property and to reduce
the amount of time a portable storage unit may be located on a residential property
with a valid construction permit.
4
Revised 07-14-00
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Staff is proposing the following changes to the current code requirements:
· Eliminate the provision allowing a portable storage unit on residentially zoned
property for the duration of an active construction permit (up to six months
duration), Permit a portable storage unit on residential property for no more than
four (4) days only and no more than four (4) times a year;
· Permit a portable storage unit on non-residential property for thirty (30) days or
for the duration of an active construction permit;
. Increase the number of permitted sign faces from one to two provided such faces
do not exceed 12" x 18" each; and
. Add portable storage unit to permitted temporary use list (ministerial
amendment).
The elimination of portable storage units permitted in conjunction with and for the
duration of a construction permit in residential areas is consistent with the Coalition's
recommendations.
6. Publicly Owned Boardwalks/Observation Platforms (Page 2 of proposed
ordinance. Not previously reviewed by the Community Development Board.)
Staff is proposing to add a new subsection (M) to Section 3-601. This amendment
would permit roofed structures on publicly owned boardwalks, observation platforms,
elevated nature trails and other such structures not intended for use as a dock facility.
The proposed provision also prohibits the use of vertical walls,
The purpose of this amendment is to give flexibility to the City when erecting or
retrofitting such facilities,
7. Newsracks (Page 3 of proposed ordinance. The Community Development Board
did not review this particular issue regarding newsracks.)
Staff is proposing to expand the existing nuisance provisions regarding newsracks in
Section 3-1503(B)( 12). The current code requirement declares newsracks and
vending machines a nuisance if located in a manner that causes imminent danger or is
otherwise unsafe, Staff is proposing to expand this to include any newsrack on public
property not in compliance with the newsrack requirements to be a nuisance. The
proposed amendment would provide code enforcement officers the ability to remove
non-compliant racks after sufficient notice is given to the owner and it is not
removed,
5
Revised 07 ~ 14-00
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8. Nonconformity Provisions (Page 8 of proposed ordinance. Not previously reviewed
by the Community Development Board.)
Staff is proposing to revis.e the purpose/applicabil ity section of the nonconformity
provisions. The proposed amendment clarifies that structures, uses and lots that were
lawful on the date of the adoption of the code, but not under the new Code, are
considered nonconforming. It also further clarifies the intent of the code to bring
nonconforming properties into compliance through a change of use, redevelopment or
other change of condition,
9. Enforcement Proceedings (Page 8 of proposed ordinance. Not previously reviewed
by the Community Development Board,)
Staff is proposing to reduce the amount of time given to a property owner to correct a
nuisance violation. The proposed amendment reduces the required compliance time
from ten days to five days, This would provide the Community Response Team with
the means to require rapid resolution of nuisance situations, Examples of nuisances
include abandoned buildings~ accumulations of weeds, debris, etc,~ grass/weeds
exceeding twelve inches~ and outdoor storage of dismantled or inoperative vehicles,
equipment, etc, It should be noted, however, that Community Response Team deals
with violations on a case-by-case basis and where circumstances dictate more time for
compliance, such flexibility would still exist. In addition, any violation of the code
not deemed a nuisance would be treated through the existing code enforcement board
process,
Outstandin2 Issues Presented bv the Clearwater Coalition of Homeowner
Associations/Jim Rapl> Si2na2e
In response to the issues presented by the Coalition to the Commission at the June 15th
meeting and attached for your review, staff is not recommending any changes to the
following issues,
Temporary Yard Signs - The Coalition's concern is that the current definition of
temporary yard signs permits commercial speech in residential areas. Staff is not
recommending changing the temporary yard sign regulations. The basis for this opinion
is that cities are generally prohibited from regulating content on a sign and may only
regulate other physical characteristics of a sign.
First Amendment Protection Language - Staff is not recommending adding this
language to the code,
Telecommunication Tower Height - The amendment approved by the Commission to
the telecommunication tower regulations provides the Community Development Board
the authority to approve an additional twenty-five (25) feet of height, if such height can
eliminate the need for an additional tower. This provision permits the maximum height
of a tower to be increased from 160 feet to a maximum of 185 feet.
6
Revised 07 -14-00
The increase would have minimal impacts on surrounding property. From the ground,
the height difference would be very difficult to discern. Staff supports maintaining the
provision that was approved by the Commission since additional height may only be
approved upon a finding that the increased height will reduce the need for a new tower.
Staff believes that the provision is fair and necessary.
Transfers of Development Rights - Significant amendments were made to the transfer
of development rights provisions which imposed strict limitations on the use of this
redevelopment tooL The new provision limits the amount of transfers that can be sent
and received, prohibits transfers from occurring from and to single family zoning
districts, and review criteria was added for the Community Development Board to llse
when review applications for transfer of development rights. StatT supports maintaining
the regulations as approved by the City Commission,
Jim Rapp Signage -" Mr. Rapp has proposed an amendment to the sign code which
allows attached signs to increase in size as the buildings are setback farther from the
property line. Staff has researched other jurisdictions and has not found any examples of
this type of allowance. Staff has also found that this technique is difficult to apply
uniformly due to wide variations in rights-of-way and street widths. Staff also believes
that the allowances for freestanding signs allow for ample business identification. These
signs can be placed as close as five feet from the front property line, therefore statT is not
recommending this amendment.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following,
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
e Goal 2 - "Cleaf\vater shall focus on the renewal of declining areas, stabilization of
built-up neighborhoods, and infill development to encourage economic vitality and
counteract the scarcity of vacant land."
The provisions restricting the renting of residential property, the prohibition of
parking on landscaped areas in the front setback, the limitations for portable storage
units in residential areas, and the ability to require rapid abatement of nuisance
violations will further the goal of renewing declining areas and stabilizing built-up
neighborhood by imposing restrictions which promote stability, heightened property
maintenance standards, and aesthetics,
7
Rcviscd 07 -14-00
· Policy 2.4,2 - "Neighborhood preservation and infill development shall be
encouraged by maintenance and upgrading of public and private property."
The provisions restricting the renting of residential property, the prohibition of
parking on landscaped areas in the front setback, newsracks enforcement provisions,
and Ii mitations on portable storage units in residential areas shall further
neighborhood preservation by encouraging property maintenance and upgrading of
both public and private property.
· Goal 3 - "The character of Clearwater as a high quality, attractive environment for
resort, residential, and business activities shall be enhanced and encouraged through
implementation of Clearwater's Comprehensive plan,"
The provisions permitting roof structures on publicly owned observation platforms,
etc, the restriction on renting residential property, and the ability to require rapid
abatement of nuisance violations will work toward enhancing the City's residential
and resort character.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments revise development standards found in Article 3, the
purpose/applicability provisions for nonconformities in Article 6, enforcement
procedures in Article 7, and a definition in Article 8 of the Community Development
Code. The proposed amendments are consistent with the following purposes of the Code.
o Section 1-103(A) - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city~ to promote the health, safety, general welfare and
quality of life in the city~ to guide the orderly growth and development of the city; to
establish rules of procedures for land development approvals; to enhance the
character of the city and the preservation of neighborhoods; and to enhance the
quality of life of all residents and property owners of the city~
· Section 1-103(E)(2) - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards which encourage
the orderly and beneficial development of land within the city~ and
· Section 1-103(E)(3) - Protect and conserve the value of land throughout the city and
the value of buildings and improvements upon the land, and minimize the conflicts
among the uses ofland and buildings.
8
Revised 07-14-00
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SUMMARY AND RECOMMENDATION:
The proposed amendments are consistent with the Comprehensive Plan and the
Community Development Code. The amendments require high standards for
improvements on public property, provide businesses with reasonable opportunities for
temporary and window sign age, impose high standards for property maintenance and
temporary uses, and permits the rapid enforcement of nuisance violations.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6573-00 that
, makes revisions to the Community Development Code.
Prepared by: Gina L. Clayton
ATTACHMENTS:
Proposed Ordinance No. 6573-00.
Open Issues List by the Clearwater Coalition of Homeowner's Association
Letter from Nicholas Fritsch and Joe Calio
9
Revised 07 -14-00
ORDINANCE NO. 6573-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-601, DOCKS, BY ADDING A NEW SUBSECTION
ENTITLED PUBLICLY OWNED FACILITIES; AND AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503
NUISANCES, BY REVISING SECTION 3-1503(B)(12)
REGARDING NEWSRACKS AND VENDING MACHINES; AND
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS,
SECTION 3-1805(C) BY REVISING TEMPORARY SIGN
REGULATIONS; AND AMENDING ARTICLE 3, DEVELOPMENT
STANDARDS, SECTION 3-1805(Q) BY REVISING WINDOW
SIGN REGULATIONS; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2102(A),
PERMllTED TEMPORARY USES; AND AMENDING ARTICLE
3, DEVELOPMENT STANDARDS, SECTION 3-2103,
STANDARDS, BY REVISING PORTABLE STORAGE UNIT
REQUIREMENTS; AND AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, SECTION 6-101 BY
REVISING THE PURPOSE/APPLICABILITY PROVISIONS; AND
AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND
PENALTIES, SECTION 7 -1 02(A)(2), MUNICIPAL CODE
ENFORCEMENT BOARD/SPECIAL MASTER HEARING
PROCEDURES FOR NUISANCE CASES BY REDUCING THE
REQUIRED COMPLIANCE TIME FROM TEN DAYS TO 5 DAYS
AFTER THE POSTING DATE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater has identified development standards which
need amendment to more fully implement the redevelopment intent of the Code; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards which need
amendment; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing to
consider all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendation of the
Community Development Board and testimony submitted at its public hearing; now
therefore,
Ordinance No. 6573-00
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 3, Development Standards, Section 3-601, Docks, is hereby
amended by adding a new subsection (M) entitled Publicly Owned Facilities as follows:
M. Publiclv owned facilities., Roofed structures shall be permitted on publicly
owned boardwalks. observation platforms. elevated nature trails and other
such structures not intended for use as a dock facility. Vertical walls shall
not be allowed.
Section 2. Article 3, Development Standards, Section 3-1503, Nuisances, is
hereby amended by revising Section 3-1503(B)(12) Newsracks and vending machines
as follows:
(12) Newsracks and vending machines. Any newsrack on public property not in
compliance with the provisions of Section 3-909, other than subsection 3-
909(A)(5). or Aany newsrack or vending machine installed, used or
maintained at a location which constitutes an imminent danger or safety
hazard to pedestrians or vehicles or otherwise unreasonably interferes with
the safe use of any public right-of-way.
Section 3. Article 3, Development Standards, Section 3-1805, Signs permitted
without a permit, is hereby amended by revising Section 3-1805(C) as follows:
G:- Temporary Signs. +eR1porary signs of no more than 12 s€tu:Jrc feet in total
sign f3ce ~H03 which :lre rel:lted to 3 gr:::md opening or 3 periodic event
occurring no more frequently th:ln one time per ye:lr 3nd 'lffiich event is
conducted in conjunction with the principal uco of the p:lrcel propoccd fOF
EJ.e.velopmcmt Jnd which signs ~re displayed no more than 30 days in
advance of the even 3nd no more than five dayc ofter completion of the
event. Other speci::ll event 3nd/of.f)l:lblic pur-poSoe eigne of a temporary naturo
may be approved on a C3se by C3se basis. The type of sign, size, des-iWl
aRd length of dispby \\1m be determined by tho community development
seardin3tor.
1. One temporary grand opening sign shall be permitted for thirty (30) days
after the issuance of an occupational license for any new business. new
owner of an existing business, or business name change. Such sign shall
not exceed twelve (12) square feet in total sign face area or such si9-n
may be a temporary covering. such as a toaster cover, sign boot. or sign
sock. which covers an existing permitted attached or freestanding sign.
2. Other temporary special event and/or public purpose signs of a temporary
nature may be approved on a case by case basis. The type of sign, size.
2
Ordinance No. 6573-00
design and length of display shall be determined by the Community
Development Coordinator.
Section 4. Article 3, Development Standards, Section 3-1805, Signs permitted
without a permit, is hereby amended by revising Section 3-1805(Q) as follows:
fQ} Window signs which occupy ICE;&-tAan 20 percent of the tot31 ::uea .ef the
window where tho E;ign- i& locotod or four E;qu3ro feet, whichever iE; IcE''s.YQ.
to eiqht (8) square feet in area may be located on any window area
provided such sign does not exceed twenty-five percent (250/0) of the total
area of the window where the sign is located. In no case shall the
cumulative area of all window signs erected exceed twenty-four (24) square
feet in area.
Section 5.:, Article 3, Development Standards, Section 3-2102(A), is hereby
amended by revising subsection (4) and by adding a new subsection (13) as follows:
A. The following temporary uses are permitted subject to obtaining a level
one approval in accordance with the provisions of Article 4, Division 3 and
the provisions of this division:
1. Circuses and/or carnivals.
2. Contractors offices and/or construction sheds.
3. Evangelical and religious revivals or assemblies.
4. Open lot E; Sales for Christmas trees, pumpkins or other seasonal
materials.
5. Other temporary recreational or entertainment related events or
activities such as fairs, concerts or festivals.
6, Outdoor bazaars, cookouts, special fund raising sales and/or
similar activities.
7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events.
9. Temporary real estate sales offices.
10. Temporary relocation tents or mobile homes for displaced persons
as a result of natural or manmade disasters in a neighborhood or
area.
3
Ordinance No. 6573-00
; ,;
11. Temporary retail special sales and displays (e.g., occasional
sidewalk or parking lot sales).
12. Block and neighborhood parties.
13. Portable storage units.
Section 6. Article 3, Development Standards, Section 3-2103 Standards, is
hereby amended by revising the subsection as follows:
Section 3-2103 Standards.
* * * * * * * * * *
6. All temporary uses shall comply with the following additional conditions or
requirements:
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Temporary Use
Maximum Cumulative
Allowable Time Period for
Each Separate Use (per
site per calendar year or
absolute time limitation, as
applicable)
2 days
Permitted Districts
All residential districts
Block and neighborhood
parties
Circuses or carnivals
14 days
C. IRT and I
Contractors office and/or
construction sheds
During construction period
only while building permit
is valid
7 days
All districts
C, 0, T and IRT
Evangelical and religious
revivals or assemblies
Garage, yard or estate
sales
All residential districts
No more than 2 times per
property within one year;
no longer than 3 days
each
45 days
All non-residential zoning
districts
Sales for: Christmas tree
and pumpkin sales and
other seasonal sales
4
Ordinance No. 6573-00
Other temporary
recreational or
entertainment events
Outdoor bazaars,
cookouts, special fund
raising sales and/or similar
activities
Sidewalk sales
Temporary commercial
parking lots
Temporary relocation tents
or mobile homes for
displaced persons
Temporary real estate
sales office or model home
Temporary retail sales and
displays
Portable storage units
7 days, except 14 days for
annual events approved
by the special events
committee
2 days
7 days in conjunction with
a special event
The period of tinle during
which the temporary use
the parking serves is
authorized
18 months (unless
authorized longer by
commission resolution)
24 months
7 days (not more than 4
times per year)
96 hours (not more th3n 4
times par yoar) unless
3csoci3tod 'Nith permitted
Genstruction.
Residentially zoned
property: 4 days, not
more than 4 times a year.
Non-residentially zoned
property: 30 days, not
more than 4 times a year
or for the duration of an
active construction permit.
Refer to Sections 3-
2103(8)(3) and 21 03(C)(2)
for additional
requirements.
* * * * * * * * *
All nonresidential districts
C, I and 0
T and 0
All districts
Within a designated area
All districts
T, C and 0
All districts
B. The following additional requirements shall apply for specified temporary uses:
3. Portable storage units, not exceeding eight (8) feet in height, eight (8) feet
in width, and sixteen (16) feet in length may be permitted on 3 site with afl
5
Ordinance No. 6573-00
active building permit for the stor:3go of items from the site. The port3ble
e:torage unit m3Y remain on the cite for the length of the 3ctive pormit.
provided such Port:Jblo storage units 6RaU comply with the following
provisions:
a, One portable storage unit may be located on any lot occupied by a
single family dwelling. The number of permitted portable storage units
for all other uses shall be decided by the Community Development
Coordinator based on the amount of construction, size of property and
the ability to locate the portable storage unit in accordance with the
requirements below.
b. Portable storage units may be located in a required setback;
c. Portable storage units shall not be located in such a manner to impair
a motor vehicle operator's view of motor vehicles, bicycles or
pedestrians upon entering or exiting a right-of-way;
d. Portable storage units shall not be located in such a manner to
obstruct the flow of pedestrian or vehicular traffic;
e. The location of a portable storage unit shall be approved by the
Community Development Coordinator;
f. GRe Two sign face?" no more than 12" x 18" each, shall be permitted
on a portable storage unit; and
g, A sticker shall be affixed to all portable storage units indicating the
date on which the portable storage unit is delivered to a property,
h. If the National Weather Advisory Service or other qualified weather
advisory seIVice identifies weather conditions which are predicted to
include winds of 75 mph or greater, all portable storage units shall be
removed from all properties and placed in approved storage locations
at least twenty-four (24) hours prior to the predicted onset of such
winds or as soon as reasonably practical if less notice is provided.
This requirement may be modified by the Building Official upon receipt
of adequate documentation from a registered architect or engineer or
other professional qualified to give such opinion that a greater wind
loading pertain to a particular portable storage unit model or
manufacturer so that the portable storage unit is unlikely to be moved
by winds greater than the predicted winds. As an alternative to
removal, the portable storage vendor may submit a tie down proposal
for approval by the Building Official and each portable storage unit not
removed shall be tied down in the approved manner.
6
Ordinance No. 6573-00
i. Any portable storage unit which is not removed at the end of the time
for which it may lawfully remain in place, or immediately upon the
direction of a code enforcement officer for removal of such temporary
structure for safety reasons, may be removed by the City immediately,
without notice, and the cost of such removal, together with the cost of
administration of its removal, may be assessed against the property on
which the temporary structure was located and may be filed as a lien
against such property by the City Clerk
* * * * * * * * * * *
C. The following temporary uses are permitted without a permit, provided that the
standards and criteria of this division are met:
~ Portable storage units for a period not exceeding 96 hoHfS four (4) days no
more than four (4) times a year-:- on residentially zoned property and thirty (30)
days on non-residentially zoned property no more than four (4) times a year.
^ ctiE:l(er shall be affixed to tho unit indicat~ng the d3tC on which it ic delivered
to the prDpcrty. One sign f3ce~, not more than 12" x 18" in 3re3, shall be
permitted on a port3ble storage unit. The remov31 provisions of Section 3
2103(B)(3)(I) above shall also 3pply.
Section 7. Article 6, Nonconformity Provisions, Section 6-101, Purpose!
Applicability is hereby amended by revising the purpose/applicability provisions as
to lIows:
The purpose of this division is to regulate and limit the development and
continued existence of uses, structures and lots which were lawful on the date
of the adoption of this Code. but which would be prohibited. regulated, or
restricted under the terms established herein. effective d3tO of this development
code that do not conform to this cede. V'Ihilo nonconformitiec m3Y continuo, the
proviGione or this 3rticlo 3re designed to encourage the improvemont OF
eliminatioA of nonconformities in order to better 3chieve the purpoccs of thic
development code. While nonconformities may continue. it is the intent of this
development code to bring nonconforming properties into compliance with the
provisions of this code in coniunction with a change of use, redevelopment. or
any other change of condition of the property in order to eliminate the
nonconformity or to bring the nonconformity as practical as possible to a
conforming status.
Section 8. Article 7, Enforcement Proceedings and Penalties, Section 7-
1 02 (A)(2) , Municipal Code Enforcement Board/special Master Hearing Procedures,
Notification of violations is hereby amended by revising nuisance cases procedures as
follows:
7
Ordinance No. 6573-00
,.f.
. -I,
"
':,
"
J
,
Nuisance cases. Upon completion of a field investigation by a code enforcement
officer and determination that a nuisance exists under Code of Ordinances
Section 3-1503, the property shall be posted with a notice advising of the
existence and nature of the violation and requiring compliance within teA five
days after the date of posting or the filing of a notice of appeal to the municipal
code enforcement board during such taR five day period. In nuisance cases
only, posting of notice shall be deemed legally sufficient to provide notice; the
code enforcement officer may additionally attempt to obtain personal service
upon and/or mail notice to the property owner within the teA five day period.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
t~.~~~-
Leslie K. Dougall- s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 6573-00
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I S
Fleet Surplus, July. 2000
JIEM G.-NUMBER YJ;AB DESCRIPTION SERIAL NUMBER MILEAGE/HOURS REASON FOR SURPLUS / DISPOSAL
1 G0122 1992 FORD Crown VictoriaCruiser 2F ACP72W2NX198839 74333 Age. Condition! Old training uit
2 G0124 1992 FORD Crown VictoriaCruisl:!r 2F ACP72W8NX 198831 80,855 Age, Condition/ Old training uit
3 G0134 1992 FORD Crown Victoria Cruiser 2F ACP72W6NX 198830 67,568 Age, Condition! Old lraining uit
4 G0153 1993 FORD Crown VictoriaCruiser 2F ACP71 W4PX 126531 116,115 Age. Condition! Old training uit
5 G0157 1993 FORD Crown VictoriaCruiser 2F ACP71 W7PX 126538 115,284 Age, Condition
6 G0165 1993 FORD Crown VictoriaCruiser 2FACP71W9PX126556 83,285 Age, Condition
1 G0171 1993 FORD Crown VicloriaCruiser 2FACP71W4PX126528 77,665 Age, Condition
8 G0174 1993 FORD Crown VictoriaCruiser 2FACP71W6PX126546 93,696 Age. Condition/Bad Engine
9 G0178 1994 FORD Police 4x4 Explorer 1 FMDU34X3RUD22132 49,095 Age, Condition/Severe Rust (Beach Veh)
10 G0179 1994 FORD Police 4x4 Explorer 1 FMDU34X9RUD22149 66,892 Age, Condition/Severe Rust (Beach Veh)
11 G0185 1994 FORD Crown VicloriaCruiser 2FALP71W9RX204126 98.259 Age, Condition
12 G0201 1993 FORD Crown VictoriaCruiser 2FACP71W7PX126541 75,618 Age, Condition!AlG Inoperative
13 G0202 1993 FORD Crown VicloriaCruiser 2FACP71W1 PX126521 82,796 Age, Condition
14 G0213 1991 FORDTaurus Sta. Wagon 1FACP57U4MA 171144 66,833 Bad Transmission
15 G0350 1988 FORD Tempo 2FAPP36X5JB176919 40,786 Age, Condition/too much to list
16 G0375 1989 GMC 1 Ton Flatbed 1 GDJR34K1 KF703786 120,234 Age, Condition
17 G0408 1988 FORD 1 Ton Flatbed Dump 1 FDKF37HXJNB65543 80,606 Age, Condition
18 G0452 1992 FORD 1 Ton Pickup/Utility 1FDKF37MONNA17016 113,904 Age. Condition
19 G0562 1987 VASSAR Post Hole Digger 1456 N/A Age. Condition/Broken Gears
20 G0634 1991 JOHN DEERE AMT W00626XOO6440 N/A Age, Condition/Body Damage
21 G0729 1986 FORD Pickup 2FT JW35HOGCA38253 79,398 Age, Condition
22 G0884 1993 GRAVELY Mower 617941 N/A Blown Engine and transmission
23 G0995 1989 NORTON Saw 89AM202420 1 0 1 N/A Bad blade shaft and engine
24 G 1163 1992 CRANE CARRIER Front Loader 1 CYGCP483NT080428 83,757 Need new Packing cyl and Blade.
25 G1165 1994 PETERBIL T Front Loader 1 XPZL50X7RD707514 60,107 Need new complete body
26 G10166 1994 PETERBIL T Front Loader 1XPZL50XORD707516 58,800 Need new complete body
27 G1215 1986 FORD Dump Truck 1 FDWK7 4N3GVA 17659 74,753 Age. Condition
28 G1220 1989 GMC Flatbed Dump 1 GDJR34K4KF703779 104,398 Age, Condition
29 G1221 1990 NORTON Saw 90AM477530102 N/A Bad blade shaft and engine
30 G1247 1983 DODGE Pickup Utility 1 B6WD24U2DS441991 61,284 Age, Condition
31 G 1269 1986 CHEVROLET Monte Carlo 1G1GZ37Z0GR110958 62,259 Age, Condition
32 G 1 582 1996 CUSHMAN Field Groomer 96012"164 N/A Blown Engine
,.', '
t, '1, I I / /' ~ ~ I , ' '. .', I" I'" \ 3 \ \ ' " I",' I I .
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e7/1B/2aea 14:32 7275624755
ENG
PAGE ell/ell
\ S (\O}
~ Clearwater
-
()
Interoffice Correspondence Sheet
From:
Bill Horne, Assistant City Manager
Michael Quillen, P .E., City Engineer~
Mahshid Arasteh, P.E., Public Works Administrator
Gary Johnson, C.G .C., Public Services Director
Frank Klim, Asst. Director of Communications and Marketing
Glen Bahnick, Civil Engineer III
Date: July 18, 2000
To:
cc:
RE: Roundabout Fountain
, The purpose of this memo is to inform you that the Roundabout Fountain was
turned over to the City for operation and maintenance on June 8, 2000. Nelson
Construction Company, Inc will pay for all water utility charges through this date.
Projected utility costs for the operation of the fountain are estimated to be
$5/000.00 per month for water and $4,700.00 per month for eledricity.
We are investigating alternative water sources for fountain operations.
C;s J-
Clearwater City CommIssion
Agenda Cover Memorandum
Worksession Item #:
Meeti ng Date:
~0
7.:)0 .00
Final Agenda Item #
SUBJECT/RECOMMEN DA liON:
Authorize increased funding of the "SPJC Field Site Development" capital project by $100,000 ($50,000
for traffic studies and miscellaneous project management expenses, and $50,000 for legal and consulting
work) and approve contracts with Holland & Knight for legal and consulting work in the amount of
$50,000,
..0 and that the appropriate officials be authorized to execute same.
SUMMARY:
G On June 2, 2000, Governor Bush signed into law legislation, which would provide state funds to cities and
counties that wish to renovate or construct new spring training facilities in order to meet the needs of their
respective teams and retain the industry of spring training in Florida,
. The city's current spring training facility, Jack Russell Stadium is 45 years old. The city wishes to build a
new spring training complex. The city intends to apply for the State's maximum award of funds, $500,000
a year for 30 years. To meet all the legislative requirements of the application, assistance from a
sports/legal consultant will be necessary to complete the application and receive the highest possible
ranking and award. The cost of the legal/consulting work is $50,000.
. Traffic studies need to be completed around the SPJC field site. The traffic studies are estimated to cost
between $20,000 and $30,000.
. Additionally, administrative expenses associated with the project coordination are estimated to cost
between $10,000 and $20,000.
o On two separate occasions the City Commission has approved funding of this project. The total amount
funded to date is $97,997. This transfer will bring the total amount in this project up to $197,997.
. Funding will be provided by a third quarter transfer of savings in the Non-Departmental General Fund
program in the amount of $100,000, to capital project 315-92829, SPJC Field Site Development.
Reviewed by:
Legal
~' '
Budget J
Purchasing
Risk Mgmt N
Info Srvc NA
Originating Dept.:
General Support Services
Alicia Farrell
User Dept.:
General Support Services
Attachments
Costs
Total
Submitted by:
City Manager
Printed on recycled paper
Public Works
DCM/ACM
Other
Current FY
Funding Source:
CI
01'
Other
$100,000
o None
A ro riation Code: 315.92829
.
Worksession Item #:
Clearwater City Commission
Agenda Cover Memorandum
fb1-
Final Agenda Item #
T7
~. :20.06
Meeting Date:
SU BJECT IRECOMMEN DA liON:
Approve a lease agreement between the CLEARWATER HOUSING AUTHORITY, known as the lessor
and the CITY OF CLEARWATER as Lessee, for the premises located at 2931 Sandlewood Drive,
Clearwater, Florida, for a term of one (1) year commencing August 1, 2000 and terminating on July 31,
2001
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
o The Clearwater Police Department's goal of providing community based police services often requires the
establishment of police substations in various neighborhoods. A substation has been maintained in
Jasmine Courts since April 1987.
· In conjunction with an agreement with the Clearwater Housing Authority, the Clearwater Police
Department will renew a lease for a unit within the Jasmine Courts community for office, administration
and operation purposes related to police activities. The terms of the renewal are consistent with the
current lease. The Clearwater Housing Authority prefers to renew the lease on an annual basis.
. The monthly rental sum is zero (-0-) per month. Utility expenses are estimated at $60 per month, however,
the Clearvt/ater Housing Authority has been paying the utilities and has not requested reimbursement from
the Police Department.
Reviewed by: Origina~~: _
Legal Info Srvc NA Police ~~
~ Pre ared b : Kell S. O'Brien
--
Budget Public Works NA User Dep~./ ~
Purchasing NA DCtvVACM Police A
--
Risk Mgmt N Other Attachments
Costs
Total -0-
.0-
Funding Source:
CI
OP
Other
Current FY
Submitted by:
City Manager
X None
A ro riation Code:
Printed on rec
ed paper
Rev. 2/98
.. ',. .'" ". ' . . ,,' " / .. ". . _ '.' p" .:, :. .' . t ~. _ '. , I
it
fw3
Clearwater City COlnlnission
Agenda Cover Memorandluu
Worksession Item #:
Final Aqenda Item #
-18
MeetinQ Date: 7/20/2000
SUBJECT/RECOMMENDATION: Approve the Cooperative Agreement with the Southwest Florida Water
Management District which provides funding of project costs of up to $425,000 for the reclaimed water
portion of the North Greenwood Area Reuse as part of the North Greenwood Corridor Enhancement project
(Project K-426)
lBl and that the appropriate officials be authorized to execute same.
. This project includes expansion of the reclaimed water system to areas in North Greenwood and provides
for transmission to key areas in the center portion of the City
. The Cooperative funding agreement for the North Greenwood Area Reuse project provides for District
funding of up to $425,000 for the design and construction of the improvements. This represents 49% of
the estimated total project cost of $868,000 for the reclaimed water portion of the project.
. The McKim & Creed and Wade-Trim engineering work orders for the design and construction engineering
services for the project are included in a separate but companion agenda item.
. Funding for the City's estimated $443,000 share of the Cooperative Agreement with the SWFWMD is
available in the Reclaimed Water System project 315-96739.
. A copy of the Agreement is available for review in the City Clerk's office
Risk Mgmt
#
~
N/A
Info Srvc ~
Public Works .
DCM/ACM
Originating Dep~
PIN A/Ken Sides
User Dept.
Public UtilitiID
ef
Attachments
Cooperative Funding
Agreement
Total
Reviewed by:
Legal ~
Budget
Purchasing
Current FY
Funding Source:
CI
Other
OP
Othr
Submitted by:
City Manager
Printed on recycled paper
Rev. 2/98
it
~w~
Clearwater City CommIssion
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # IT-
Meeting Date: 7/20/2000
SlJBJECT/RECOMMENDA TION:
Approve 01113 work order to Wade-Trim (Engineer of Record - Tampa) in the amount of $296,425.89 and a second
work order to McKim & Creed (Engineer of Record - Clearwater) in the amount of $60,900 for the design of corridor
enhancements and reclaimed water in North Greenwood,
~ and that the aRRropriate officials be authorized to execute same.
· This agenda item provides for corridor enhancements and reclaimed water'in the North Greenwood Community,
requested by the community through earlier planning documents (North Greenwood Commercial District & Economic
Development Opportunities, 9/94, Trent Green, Florida Center for Community Design + Research; North Greenwood
Commercial District General Development Plan, 9/98; Greenwood Neighborhood Study, Carr Smith Corradino;
Greenwood Neighborhood Initiatives, Carr Smith Corradino, 11/98), and for a component of the Clearwater Reclaimed
Water Master Plan.
· A corollary cooperative agreement with the Southwest Florida Water Management District (SWFWMD) provides for
the design and construction of facilities for reuse of reclaimed water in North Greenwood. The SWFWMD agrees to
fund 49% ($425,000) of the total project cost for the reclaimed water elements of the project, estimated to cost
$868,000.
o Two work orders, one with McKim & Creed for water transmission mains south of Seminole Street and one with
Wade-Trim, for water transmission mains along North Greenwood Street, north of Seminole Street, will provide for
project design and permitting. Wade-Trim, Inc. will also be responsible for project oversight and design of all corridor
enhancements. This transmission segment will allow the City to supplant potable water used for irrigation by IMR
Global and other nearby sites. A transmission line will also be constructed along Jackson Street from Jefferson
Avenue to a city park along Pennsylvania Avenue west of North Greenwood.
· These work orders do not provide for project construction. Project implementation will be brought back before the
Commission as a contract for construction upon completion of the design and bid short listing.
· The McKim & Creed and Wade-Trim Work Orders are available in the City Clerk's Office.
· Funding for the McKim & Creed work order is available in the Reclaimed Water System project 315-96739. The North
Greenwood Corridor Enhancement project 315-92263 is currently funded with $100,000 of Infrastructure Tax Revenue
(Pennies II). The additional funding of $196,425.89 will be provided by a third quarter budget amendment transferring
$196,425.89 of Infrastructure Tax revenues from Paving Unpaved Streets (315-92258).
. PWA staff has reviewed the qualifications of Wade-Trim and McKim & Creed and has determined that they are the
most qualified firms under CCNA for the services described herein.
Reviewed by:
Legal {~~'
7'-
Budget . ty
Purchasing 'It
.~
Risk Mgmt N/A
Originating Dept: d
PVVA/Ken Side~v /
User Dept: . IttJJ
PW A/PUbIiC6i i11ies
Funding Source:
CI X
OP
Othr
Info Srvc
Costs $357,325.89
Total
~
Public Works
DCM/ACM
Current FY $357,325.89
other
Attachments:
Submitted by:
City Manager
Appropriation Code:
315-96739-561300-533-000
315-92263-561200-541-000
Rev. 2/98
\9
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Worksession Item #:
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
~o
~. :lO.60
?LJl
Meeti ng Date:
SUBJECT/RECOMMENDATION: Award a contract to Wade-Trim in the amount of $97,387 for a
Sanitary Sewer Extension feasibility study,
-.IB'L and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Public Utilities Department provides sanitary sewer selVice to those residents and businesses in the
Clearwater Sanitary Sewer District. The service area also extends beyond the City limits. It is estimated that
there are 150 areas without sewer ~ervice located within the Sanitary Sewer District.
e Some of the areas to be studied are within the City limits and some are within unincorporated Pinellas County.
It is estimated that these areas represent as many as 5000 potential connections, equivalent to almost 15% of
the current customer base. Allowing these connections will potentially increase the sewer revenue base.
G Wade-Trim will identify the potential connections and evaluate the feasibility of connecting to the sewer
system. The study will include construction costs for in-ground piping and pumping stations, and will address
increases in flow, capacity of the existing infrastructure, and flow impact on the treatment plants.
. Portions of this study will be subcontracted to HDR Engineering and Burton & Associates. HDR will provide
services to address the physical infrastructure and feasibility of connection. Burton & Associates will provide
the financial forecasting. 'vVade- Trim will provide management oversight and presentations.
. Capital construction costs and flow impact information will be forwarded to Burton & Associates to perform a
financial analysis in order to determine the economic impact and feasibility of extending the sewer system.
Once the study is completed, obselVations and recommendations can be made on the economic effects of the
existing sewer extension policy. Furthermore, the information included in the final report can be used as a
basis to req uest State and Federal aid to construct phases of the sewer extension project.
. The City staff along with the consultant will review the City's existing Sanitary Sewer Connection Policy, and if
necessary, make recommendations to the Commission for changes to the existing policy. Current policy does
not allow connection without annexation.
. This study is aimed at those properties that are currently utilizing septic tank systems. Reducing the number of
septic tanks will reduce the amount of pollutant discharge and aid in cleaning and preseNing the environment
and waterways.
. Funding for this evaluation is available in the Sanitary Sewer Extension CIP.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt
Current FY
$97,387.00
Costs
Funding Source: I
ClP X
OP
Other
Info Srvc NA
Public Works...;::Jt
DCM/ACM '--!-
Other Attachments
Total
$97,387.00
Submitted by:
City Manager
. Printed on recycled paper
I 0 None
A ro ridtion Code: 315-96630-561300-535-000
CITY OF CLEARWATER
PUBLIC WORKS DEPARTMENT
WORK ORDER INITIATION FORM
Date: May 19, 2000
Project No: CLW203a.G.1M
City Project No: SS-051900
1. PROJECT TITLE:
Sewer System Expansion Feasibility Study
2. SCOPE OF WORK:
Please refer to Attachment IIA", Scope of Work.
3. PROJECT GOALS:
To develop a feasibility study that provides planning level estimates of capital
costs and utility rates required to extend wastewater service to areas larger than
one acre within the Citis current wastewater service area.
4. BUDGET:
Method 8 - Lump Sum of $97,387.00 has been established for the Sewer
System Expansion Feasibility Study.
5. SCHEDULE:
Please refer to Attachment "S", Schedule.
6. WADE-TRIM AND SUBCONSUTANT STAFF ASSIGNMENTS:
David B. Gildersleeve, Executive Vice President, Principal-in-Charge
Jeffrey D. Trim, PE, Professional Engineer III
Jeff Glover, PE, HDR Engineering
Mike Burton, Burton & Associates
Robert Lockridge, Burton & Associates
7. CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence, progress reports and invoices shall be submitted to Ms. Marty
Pages, City of Clearwater with copies to Mr. Kevin Becotte, PE, Public Utilities
Director and Ms. Mahshid Arasteh, PE, Public Works Administrator.
R:\8USDEv\PROPOSA LS\NO N.COMP ETITIVE\SEWERSYSTEMCL EARWA TER. DOC
8. INVOICING/FUNDING PROCEDURES:
The budget for this assignment is a fee of $97,387.00. Invoicing Method B.
Lump Sum shall be used. --'';'.. .
City Invoicing Code:
315-96630-561300-535-000
9. ENGINEERING CERTIFICATION:
Wade-Trim hereby certifies as a licensed Professional Engineer, registered in
accordance with Florida Statute 471, that the above project's site and/or
construction plans meet or exceed all applicable design criteria specified by City
municipal ordinance, State, and Federal established st::mdards. Wade-Trim
understands that it is our responsibility as tile project's Professional Engineer to
perform quality assurance review and these submitted plans are to the best of
our knowledge free from errors and/or omissions. Further, Wade-Trim accepts
that the City's Final Inspection for a Certificate of Occupancy does not relieve us
of our own quality assurance review.
This certification shall apply equally to any further revision and/or submittal of
plans, computations. or other project documents which Wade-Trim may
subsequently tender.
PREPARED BY:
)~ X /Jl. '
. /1 . / IJ. V/1-
Jeflr . r~, PE
senfJ ice"'Presidenl
s- Ii 7' /c/C.J
Date'
ACCEPTED BY CITY:
........
L1~L1
Mr. Michael D. Quillen, PE
City Engineer
~,- (7)-{Tt)
Date
..,.\.
EXHIBIT" A"
CITY OF CLEARWATER
SEWER SYSTEM EXPANSION FEASIBILITY STUDY
SCOPE OF SERVICES
DESCRIPTION OF THE PROJECT
The City of Clearwater provides sewer service to residents and businesses in its service area.
The service area extends beyond the City limits. Currently, there are approximately 150 areas
without sewer service within the service area. Some of these areas lie within the City limits,
while others are outside the City limits, but within the City's service area. It has been estimated
that these areas represent approximately 5000 potential connections, roughly 15% of the
current customer base.
While additional revenue could be added to the City's wastewater utility if these areas were
added to the system, capital improvements will be necessary to serve these new connections.
New sewers, lift stations and force mains will be needed in some areas, and existing facilities
may need to be upgraded. In addition, an increase in flow of this magnitude will have impacts
on the City's wastewater treatment plants.
The purpose of this project is to produce a report that provides a planning level estimate of the
capital costs to serve the areas larger than one acre in size. (Areas or parcels smaller than one
acre are being evaluated under a separate scope of work by Wade-Trim, Inc.) The number of
potential connections and the capital cost to serve them developed in this study will be used by
the project's financial consultant to determine utility rate impacts should the City decide to serve
these areas.
GENERAL PROJECT ASSUMPTIONS:
1. The focus of the feasibility study will be those areas greater than one acre in size.
2. Evaluation of the Top of the World subdivision, an area served by its own wastewater
treatment system, is not included in this scope.
3. Where possible, new flows will be routed to the City's Northeast Plant.
4. Detailed design of proposed improvements to serve each area and detailed evaluation of
the existing collection and treatment systems are beyond the scope of this effort.
5. Cost estimates developed for the feasibility study will be planning level estimates.
R\BUSDEv\PROPOSALS\NON.COMPETITIVE\SEWERSYSTEMCLEARWA TER.DOC
~r
.'
~
SCOPE OF WORK
The scope of work for the Sewer System Expansion Feasibility Study is organized into primary
tasks as follows:
TASK 1.0
PROJECT INITIATION
Objective:
Collect and review background information; identify goals, objectives, and constraints of the
study effort; and define study team members and study process. Specific subtasks include:
1.1 Collect and review the following and any other available document pertinent to the study
effort.
. Service area boundary maps
. Sewer system maps
.. Current wastewater system master plan
. City G IS database
. Lift station data
. Treatment plant permitted and design capacities, and current flows
. City collection system design standards
. GIS standards
. Current sewer and water billing lists
. Population projections by Transportation Analysis Zone (T AZ) or cenSllS tracks.
1.2 Organize, facilitate and participate in a kickoff meeting with City staff at the project
outset. Purpose of the meeting will be to:
. Define goals, expectations, and constraints for the sewer study
. Define communication procedures and decision-making process
. Review approach and schedule for feasibility study effort
Deliverables:
. Agenda for workshop
. Workshop Minutes
City Involvement:
. Provide pertinent background information as listed in Task 1.0 and other available
information.
. Participate in initiation workshop
" .'.
TASK 2.0
SERVICE AREA ANALYSIS
Objective:
Identify areas within the City's current wastewater service area that are currently without sewers
and develop flow projections for these areas. Specific subtasks include:
2.1 Review sewer maps, service area maps, zoning maps and parcel maps. Identify and
characterize areas within the service area that could be served by extending the existing
collection system or by connecting parcels to the existing system.
2.2 Develop flow projections for each area identified. Where parcels are developed, use
flow estimates for current types of use will be utilized; where parcels are undeveloped,
use flows based on existing zoning classification at maximum allowed density or
intensity will be utilized.
Deliverables:
. List of potential parcels that could be served.
. Flow projections from potential connections.
City Involvement:
C) Provide current average per capita flows for the types of land uses to be encountered in the
areas.
TASK 3.0
DEVELOP CONCEPTUAL DESIGNS
Objective:
Define the improvements necessary to serve each area. Specific subtasks include:
3.1 Determine preliminary size of new sewers, lift stations and force mains necessary to
serve each area based on City design standards.
3.2 Provide each area's projected flow and connection point to existing system to City for
input by others into the sewer model currently under development. Review model output
and develop preliminary recommendations for any necessary improvements.
3.3 Prepare exhibits showing proposed improvements. Present proposed new sewers, lift
station, and force mains. Also show conceptual improvements to the existing collection
system
3.4 Develop estimated increased flows to each of the three wastewater treatment plants.
'r;'.. "
Deliverables:
· Exhibits showing proposed improvements.
TASK 4.0
DEVELOP COST ESTIMATES
Objective:
Develop cost estimates for the improvements identified in Task 3.0. Specific subtasks include:
4.1 Develop planning level cost estimates for new sewers, lift stations and force mains to
serve the identified areas.
4.2 Coordinate with Team's financial consultant.
Deliverables:
Planning level cost estimates.
TASK 5.0
RATE IMPACT OF SEWER EXPANSION TO UNSERVED AREAS
Objective:
Determine the financial impact of expanding the City's sewer system to serve the areas.
Specific subtasks include:
5.1 Define water billing information needed for the areas and identify
sources.
5.2 Analyze customer usage in the service area:
. Coordinate generation of billing information for areas
. Organize billing information into bill frequency analysis model
. Compute water revenue and test financial data from the City's accounting/billing
system
. Prepare initial compensation of sewer revenue from areas at current City rates.
5.3 Initialization of financial models:
. Assist in the design of cost estimation worksheets for transition to financial model.
. Set up cost estimates in a database that are accessible to query from financial
model.
. Set up assessment calculation model with calculations by area for City's service
area.
. Set up rate model to incorporate expansion area costs and revenues.
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5.4 Financial Analysis and Decision Support
:\.'
. Set up and test relevant range of scenarios for consideration by the City.
. Prepare and conduct interactive session with City staff to review alternative
scenarios.
. Revise and refine scenarios for future consideration based on previous interactive
session.
. Conduct second interactive session with City staff to finalize relevant scenario set.
. Prepare for and conduct interactive session with City management
. Finalize recommended options based on City's management's input.
TASK 6.0
PROJECT REPORT
6.1 Prepare draft feasibility study report and submit 5 copies to City for review.
6.2 Incorporate City's comments on draft report. Prepare final report and submit 10 copies
to City.
Deliverables:
. Draft and final report
City Involvement:
. Review draft feasibility study report and provide written comments.
TASK 7.0
CITY'S COMMISSION WORKSHOP
Objective:
Conduct a workshop with the City Commission to discuss the study recommendations. Specific
subtasks include:
7.1 Prepare a Powerpoint Presentation and support graphics for City Commission
Workshop.
7.2 Summarize salient Commission comments and recommendation for inclusion in final
report.
Deliverables:
. PowerPoint Presentation
. Handout Materials
. Workshop Minutes
. . ' . _'. I 'l . '. ' , . . " . ;
"';,
~~
TASK 8.0
PROJECT MANAGEMENT
Objectives:
Plan and execute the feasibility study in accordance with the schedule, budget, and quality
expectations established. Specific subtasks include:
8.1 Prepare and maintain work plan and project instructions to include organization, roles,
responsibilities, schedule, budget, and staff plan for execution of the study effort.
8.2 Monitor project progress including work completed, work remaining, budget expended,
schedule, estimated cost of work remaining and estimated cost at completion. Manage
activities within task budgets.
8.3 Provide quality control review of all work activities and project deliverables.
8.4 Prepare and submit monthly narrative report and invoice.
Deliverables:
. Project instructions and work plan
. Memoranda and meeting notes as required.
. Monthly narrative report and invoice.
City Involvement:
. Review narrative reports and approve invoice.
. Review and approve modifications to approach, schedule, and deliverables as appropriate.
End of Scope of Services
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~\
'1.~ ,DO
fL~3
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Authorization to designate Largo Area Housing Development Corporation (LAHDC) a Community
Housing Development Organization (CHOO) and to enter into a contract under the provisions of the
Cranston-Gonzalez National Affordable Housing Act of 1990.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
Among the purposes of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended, are: (1)
to promote partnerships between State, units of general local government and nonprofit organizations, and (2)
to expand nonprofit organization's capacity to develop and manage decent and affordable housing. To assist
in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program
must reserve not less than 15% of their HOME allocations for investment in housing to be developed,
sponsored, or owned by Community Housing Development Organizations (CHDOs).
The City of Clearwater must identify eligible nonprofit organizations that are capable, or can reasonably be
expected to become capable of carrying out elements of Clearwater's approved housing strategy. Only
nonprofit organizations that have been certified by participating HOME jurisdictions as CHOOs can receive
funds from the minimum 15% set-aside.
Largo Area Housing Development Corporation (LAHDC) is a subsidiary of Tampa Bay Community
Development Corporation (TBCDC), which has been active in affordable housing activities for almost twenty
years. TBCDC runs a down payment and closing cost assistance program operating in three counties. The
group developed a countywide Homebuyer's Club that is considered one of the best programs in the country.
The group has also successfully developed several small subdivisions. LAHDC was developed as a CHOO to
initiate developments in Largo and Pinellas County. LAH DC has requested and has provided the requisite
documentation to be designated a CHDO, and is prepared to propose eligible projects in keeping with the
City's Consolidated Plan. LAHDC's projects will conform to the guidelines of HUD Notice CPD-97- 11 that
provides guidance on Community Housing Development Organizations (CHDOs) under the HOME Program.
Documentation supporting the request, including a request letter, board composition, program description,
articles of incorporation, and by-laws are available in the City Clerk Department for review.
Reviewed by:
Legal
BLJd~WI N/A
Purchasing N/A
Risk Mgmt. N/A
IS N/A
AeM N/A
Other N/A
Originating Department:
Housing
Costs: N/A
Commission Action:
o Approved
Total 0 Approved with Conditions
o Denied
Current Fiscal Year 0 Continued to:
City Manager
Advertised:
Date:
Paper:
X Not Required
Affected P.lrties
o NotIfied
X Not Rl'quired
Funding Source:
o Capital Improvement:
o Operating:
o Other:
Attachments:
Submitted by:
Appropriation Code
N/A
o None
L
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t,;!, Printed on recycled paper
"'"
Largo Area Housing Development Corporation
2139 NE Coachman Road
Clearwater, Florida 33765
June 12,2000
Nina Bandoni
Assistant Director
Clearwater Housing and Urban Development
City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
Dear Ms. Bandoni:
On behalf of Largo Area Housing Development Corporation (LAHDC), this letter serves to
request the consideration of the City of Clearwater to review and approve LARDe as a
Community Development Housing Organization (CHDO). I have provided you with a checklist
with regard to those certain requirements which is covered in the Articles and By-Laws.
Please find below a brief outline ofLAHDC's Board Members:
.. Matt Anderson - Mr. Anderson is the Housing Rehab Manager for the City of Largo. He
is responsible for the city's homestead program and the acquisition, rehabilitation and sale
of properties that city obtains from the Department ofHUD.
· P .A. Tyrer - Ms. Tyrer is a Planner in the PineUas County Community Development
Department. She has been associated ,vith LARDC since its inception in 1983 when the
organization was formed to promote economic development opportunities.
· Pam Brickley - Ms. Brickley is a legal secretary for a law firm in St. Petersburg. Since
1989, she has served on the Board of the Affordable Housing Corporation, a non-profit
organization, that addresses affordable housing opportunities in PinelIas County.
· Duke Tieman - Mr. Tieman is a licensed real estate agent specializing in affordable real
estate ventures for low and moderate income families. He has volunteered his time for
several years to Tampa Bay Community Development Corporation to assist those families
who are required to take the "How To Get A Mortgage" class.
)
,
Nina Bandoni
elIDO Application
page 2
.
.
.
.
.
.
.
Michael Leeks - Mr. Leeks is president of Community Development Contractors. He has
built numerous homes in both Pinellas and HilIsborough Counties. He currently works
with first time home buyers who qualify through various housing programs that are
offered by local municipalities.
Ed Dickey - Mr. Dickey is a realtor with ERA Professional Realtors. He also hosts a
monthly television show The Housing Forum. The show features ongoing housing
programs in the community.
WaIter Gorg - Mr. Gorg is a retired resident of Largo. He is the only Board Member who
previously volunteered on Largo Progress, Inc. which eventually became LAHDC.
James McClendon - Mr. McClendon is employed by the Greater Ridgecrest Association
which concentrates its efforts to promote housing initiatives in the Pinellas County
Ridgecrest Area He resides in the Martin Terrace area, a low income neighborhood.
Darlene McConnell - Ms.McConnell is employed by Raymond James Bank as the Loan
Operations Manager for Post Production Lending.
Fran Collier - Ms. Collier is employed by ERA Buxton Realty. She carries out office
administrative duties. She is one offour individuals listed below who are considered low
income to satisfy the CHDO requirements.
Diane Ryan - Ms. Ryan is a first time home buyer who purchased the first home built by
LAHDC in 1998. She is one of the four individuals listed below who are considered low
income to satisfy the CHDO requirements.
Please be advised that the following members meet the income test or other requirements which is
necessary for a minimwn one~third representation on the Board:
Diane Ryan - low income
James McClendon - resides in a low income neighborhood (DansvillelRidgecrest)
Duke Tieman - resides in a low income neighborhood (South Greenwood)
Fran Collier -low income
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Nina Bandoni
CHOO Application
page 3
The City of Largo provided administrative support to LAHDC in 1997 to re-activate the
corporation to promote homeownership opportunities for low and moderate income families.
In 1998 The City of Largo donated a vacant lot and provided the necessary funding to build its
first new home at 720 - 16th Avenue NW in Largo. In November 1998 the home was sold to an
eligible low income family.
Funded by loans made through the Pinellas County SHIP Program, LAHDC has since purchased
two vacant lots in the Ridgecrest Area ofPinellas County. LAHDC borrowed funds from the
PineJIas County HO:ME Consortium to purchase one vacant lot in the city limits of Largo. With a
construction loan from the Pinellas County SHIP Program, LAHDC has just completed a new
three bedroo~ two bathroom home on one of the lots in Ridgecrest. This home will serve as
model until an eligible family qualifies to purchase it.
With the above mentioned support from the City of Largo, LAHDC contracted with Tampa Bay
Community Development Corporation, a non-profit organization with 17 years of experience in
serving the community with regard to affordable housing. Through this contract, Tampa Bay
CDC provides technical support services related to housing as well as ongoing administrative
services.
Should you need any other infonnation, please feel free to contact me.
Sincerely,
,I JJ u),~
L. Duke Tieman
President
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Largo Area Housing Development Corporation
2139 NE Coachman Road
Clearwater, Florida 33765
June 12, 2000
Nina Bandoni
Assistant Director
Clearwater Housing and Urban Development
112 South Osceola Avenue
Clearwater, FL 33756
RE: CHDO Application/Financial Accountability OMB. Circular A-It 0
Dear Ms. Bandoni:
Please be advised that Largo Area Housing Development Corporation maintains all its records in
accordance with guidelines offinancial accountability standards of Attachment 'F' ofOMB
Circular A-II 0 "Standards for Financial Management Systems".
,
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L. Duke Tieman
President
The foregoing statement was acknowledged before me this 12th day of June by L. Duke Tieman as
President of Largo Area Housing Development Corporation who is personally known to me or who has
produced as identification.
,'......,
~i\'rlA~ ~ Gregory E. Schwartz
f*: ':~ MY COMMISSION # CCB90066 EXPIRES
~'" . ~~~ December 1. 2003
S tamp "~iif.,~tt-. BONDED THRU TIlOV FAIN INSURANCf, INC
k~~
Gre~orv E. Schwartz
printed name of notary
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LARGO AREA HOUSING DEVELOPMENT CORPORATION
PROGRAM DESCRIPTION
1. GENERAL
Largo Area Housing Development Corporation (HDC) is designed to further the economic
developnlent of the Largo area with specific emphasis on promoting, assisting, and developing
affordable housing, principally for low and moderate income households. The Corporation may
acquire, develop, and sell properties that might otherwise be lost to the supply of affordable
housing units. The Corporation sells them at reasonable prices to qualified homebuyers who will
occupy the premises as their primary residence.
II. A VAILABLE PROPERTIES
Largo Area HDC obtains single family residential properties which are then rehabilitated and
improved as necessary to meet local code requirements and then sold to low and moderate income
persons. LAfIDC also may develop vacant properties to build new dwelling units where infill or
subdivision development is an eligible activity in the community. Properties included in the
program are those which can be sold at the after -rehab or -construction appraised value. The
selling prices will generally range from the $55,000 to $85,000.
TII. ELIGIBLE PURCHASERS
Individuals and families who wish to purchase and who currently do not own a home may be
eligible, provided that the total gross annual household income from all sources does not exceed
the following as defined by the Department of Housing and Urban Development:
Number of Persons
Residing
or Intending to Reside
10
The Household
Total Gross Annual
Income Cannot
Exceed
1
2
3
4
5
6
7
8
$26,000
$30,400
$34,200
$38,000
$41,050
$44,100
$47,100
$50,150
These limits may adjust from time to time.
(Rev. 3/2000)
. .
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Eligibility will be determined by LAHDC's Technical Assistance Provider, Tampa Bay CDC.
LAHDC reserves the right to change its T echnica1 Assistance Provider from time to time.
No property will be sold to applicants whose household size exceeds local housing code
requirements for a particular property. To be eligible for the program, the property being
purchased must be the purchaser( s) principal residence. If any other party (including, but not
limited to, spouse, fiance, parent, relative, etc.) will occupy the residence with the Borrower, their
income must be verified to insure that the combined household income does not exceed the
requirements oftrus program.
Because the size and cost of available properties will vary, applicants may only be eligible to
purchase properties that they qualify for on a first come, first served basis. As properties become
available, applicants will be notified when properties are available in their qualifying range. Once
an applicant is offered a property and agrees to enter into a contract to purchase that property, the
applicant will have a reasonable amount of time to arrange financing or the contract will be void
and the property will be offered to other applicants.
Applicants may decline an available property anytime without losing their place on a mailing list of
applicants.
All income derived from the sale of properties shall be income to the program, ans shall be used to
support future projects that LAHDC undertakes.
In the event that the Program should be terminated, all program income shall be returned to the
respective jurisdictions which have contributed to the program.
IV. HOMEOWNERSHIP TRAINING
Persons interested in the purchase ofa LAHDC property will be required to attend a recognized
HomeBuyer Education Workshop and receive certification prior to closing.
. ,".,.., '" . '. .. ~ t .' I _ I I ;
AGREE1vfENT
TInS AGREEMENT is entered into this /D./I, day of ~\JtM/",. , 1999
between LARGO AREA HOUSING DEVELOPMENT CORPORATION, a Florida not-for-
profit corporation, hereinafter referred to as ~'LAHDC~', and TAMPA BAY COMMlJNITY
DEVELOP:MENT CORPORATION, Florida not-for-profit corporation, hereinafter referred
to as 'TBCDC'.
WHEREAS, LAHDC is a recipient of a $30,000 Community Development Block Grant
from the City of Largo to implement an affordable housing program to low and moderate
income families; and
WHEREAS, $24,000 of the community Development Block Grant is designated to be
used for technical support services and the $6,000 is to be used for general administrative
expenses; and
WHEREAS, it is LAl-IDC~ s desire to have TBCDC administer the LAHDC program; and
WHEREAS, TBCDe has received and understands all requirements of the City of Largo,
Florida Specific Performance Agreement between LARDC and the City of -Largo; and
WHEREAS, TBCDC desires to provide technical support services to LAIIDC, including
financial management.
NOW, THEREFORE, the parties hereto agree as follows:
1. TBCDC agrees to adhere to all requirements of the City of Largo, Florida Specific
Perfonnance Agreement between LAlIDC and the City of Largo.
2. TBCDC, through its President, shall serve as Program Administrator of the LARDC
Program.
3. LARDe and TBCDC agree that the day-to-day operations ofLAHDC shall be
provided by the Program Administrator;
4. LAHDC and TBCDC agree that the TBCDC President shall be responsible for the
overall supervision and implementation of the LAHD~ Program.
5. The parties hereto understand that the Community Development Block Grant from the
City of Largo will be paid out as follows: $2,000 is payable to TBCDC per month for
services rendered. TBCDC shall submit invoices to LARDe for approval and
subsequent submission to the City of Largo for disbursement to TBenc.
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6. The program Administrator shall make regular reports to the LAHDC Board of
Directors at least on a monthly basis.
7. This Agreement shall be considered effective on October 1, 1999 and shall tenninate
on September 30, 2000. Said Agreement may be renewed by the parties hereto for
additional terms agreed upon between the parties.
8. Any controversy or claim arising out of or relation to this Agreement or the breach
thereof, shall be settled by arbitration in accordance with the rules then obt~ining of the
American Arbitration Association, and the judgment upon the award rendered may be
entered in any court having jurisdiction thereof.
9. Any notice required or permitted to be given under this Agreement shall be sufficient if
. in writing, and if sent by registered mail to Post Office Box 5579, Clearwater, Florida
33758 in case ofLAIIDC or to 2139 NE Coachman Road, Clearwater, Florida 33765
in the case ofTBCDC.
10. The waiver by eithr party ofa breach of any provision of this Agreement by the other
party shall not operate or be construed as a waiver of any subsequent breach by the
other party.
"
11. This instrument contains the entire agreement of the parties. It may not be changed
orally but only by an agreement in writing signed by the party against whom
enforcement of any waiver, change, modification, extension, or discharge is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
Signed, sealed and delivered
in the presence of:
LARGO AREA HOUSING
DEVELOPMENT CORPORATION
.~
By: ~"!:]~CZ?7~
L. DUKE TIEMAN, President
Signe<L sealed and delivered
in the presence of:
TAMP A BAY CO:MMUNITY
DEVELOPMENT CORPORATION
~
By:~();E~
o Y E. SC MTZ, President
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AMENDMENTS TO ARTICLES OF INCORPORATION OF LARGO PROGRESS, INC.
1. Article I. entitled. "NAME" is amended from Largo Progress, Inc.. to Largo Area Housing
Development Corporation and is to read as follows:
ARTICLE I: NAME
The name of the Corporation is Largo Area Housing Development Corporation.
2. Article m. entitled. "PLACE OF BUSINESS," subparagraph b is amended to reflect a change in
Resident Agent from Fred D. Goodrow to Richard P. Goss and is to read as follows:
ARTICLE ll: PLACE OF BUSINESS
b. The name and address of the Corporation's Resident Agent for service of process is Richard P.
Goss, 140 4th Street SW, Post Office Box 296, Largo, FL 34649-0296.
3. Article IV, entitled, "PURPOSE," subparagraph a. is amended to reflect a change in purpose from'
assisting small business to promoting and assisting affordable housing for low and moderate
income households and is to read as follows:
ARTICLE IV: PURPOSE
a. This corporation is reorganized for the primary purpose of furthering the economic development
of the Largo area with specific emphasis on promoting, assisting, and developing of affordable
housing principally for low and moderate income households. The principal objectives of the
corporation shall be to benefit the community by increasing home ownership opportunities,
conserving the existing housing stock. and preserving residential neighborhoods.
4. Article V entitled. "Membership," IS amended by deleting Article V In its entirety and
renumbering each Article thereafter.
familiar with and accept the duties and responsibilities as registered agent for said
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ARTICLES OF AMENDMENT 94Jl1~1 ED
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ARTICLES OF INCORPORATION . QJISStlfL~~h~
of.
LARGO PROGRESS, INc.r...:'~'''':.:~o: ~
Pursuant to the provisions of section 617.1006, Rorida Statutes, the undersigned corporation
adopts the following articles of amendtnent to its articles of incorporation.' - o.
FIRST:
.
Amendment(s) adopted: See attached amendments.
SECOND: The date of adoption of the amendment(s) V\eS: tJII"P 7, 1 qq4
TH I R D:
Adoption of Amend ment {check one}
[]
The amendment(s) v"as(V\.ere) adopted by the members
and the number of votes cast for the amendment
W3S sufficient for approval.
There are no members or members entit1ed to vote on
the amendment. The amendment(s) V\8s{V\ere) adopted
by the Board of directors.
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LARGO PROGRESS, INCORPORATED
Corporatio Name
1
o~ ,'Pa tri ci a oA. Tyrer,
Typed or printed name
President
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ARTICLES OF INCORPORATION
OF
LARGO PROGRESS, INC.
(A Florida Non-Profit Corporation)
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We, the undersigned, over 21 years of age, desiring to form a not-for-profit'
corporation (hereinafter referred to as the "Corporation") pursuant to Section
617 of the State of Florida Not-For-Profit Corporation Act, do hereby adopt
anct execute the fOllowing Articles of Incorporation:
ARTICLE I: NAME
The name of the Corporation is Largo Progress, Inc.
ARTICLE II: DURATION
The period of duration of this corporation shall be pereetual, unless the
Board of Directors, at their discretion, shall determine to terminate it.
ARTICLE III: PLACE OF BUSINESS
a. The post office address of the principal office of the Corporation is Post
Office. Sox 296, 140 Fourth Street S.W., Largo, FL 33540.
b. The name and address of the Co rporat ion's Res i dent Agent for servi ce of
process is Fred D. Goodrow, 140 Fourth Street S.W., Post Office Box 296,
Largo, FL 33540.
c. The territory in which the operations of the corporation are to be
principally conducted shall be set forth in the Bylaws.
ARTICLE IV: PURPOSE
The purposes for which the Corporation is organized are:
a. This corporation is organized for.the primary purpose of furthering the
economic development .and social welfare of Largo and its environs with
specific emphasis on the area by promoting and assisting the gro'tJth and'
development of business concerns, including small business concerns in
such area. The principal objectives of the corporation shall be to
benefit the community by fostering increased employment opportunities and
expansion of business and industry for the citizens of the area.
b. To enter into, make and perform contracts of every kind and description.
c. To borrow or raise monies for any of the purposes of the corporation and,
from time to time without limit as to amount, to draw, make, accept,
endorse, execute and issue prom; ssory notes, dra fts, bi 11 s of exchange)
warrants, bonds, debentures and other negotiable or non-negotiable
- 1 -
- 50 -
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instruments. and evidence of indebtedness, and to secure payment of any
thereof and of the interest thereon by mortgage upon or pledge, conveyance
or assigned in trust of the whole or part of the property of the
corporat ion, whether at the time owned or thereafter acqui red, and to
sell, pl edge or otherwi se di spose of such bonds or other obl i gat ions of
the corporation for its corporate purposes.
cl.To lend to any person, firm or corporation any of its funds.
e. To transfer memberships.
f. To have one or more offices and to 'purchase or otherwise acquire~ hold,
own, mortgage , sell, conveyor otherwi se di spose of real and personal
p rope rty .
g. To acquire, construct, convert, or expand plant facilities for lease or
sale.
h. To have and exercise all powers incidental to the foregoing purposes, and
to engage in any lawful activity permitted under the laws of Florida.
ARTICLE V: MEMBERSHIP
The Corporation shall have one or more classes of members and the total number
of members sha 11 not be 1 es s than t\'/enty-fi ve (25), and not to exceed 35. The
designation of the class or classes of members and the qualifications, rights
and method of acceptance of members sha 11 be set forth in the Byl aws of the
Corporation. Each member shall be entitled to cast one vote at any election
of directors of the Corporation and any other matter brought before them
requiring member~hip disposition.
ARTICLE VI: DIRECTORS
The number of Directors of the Corporation shall be set forth in the Bylaws of
the Corporation. At no time shall the number of Directors be less than nine
(9). The manner in which such Directors shall be elected or appointed shall
be provided by the Bylaws. The names and addresses of the person(s} who are
to act as Director until the selection of their successors are:
Name
Address
William T. Burke
202 Cove Court, Clearwater, FL 33516
(i n La rgo) .
801 West Bay Drive, Largo, FL 33540
5770 Roosevelt Blvd., Clearwater, FL
33520
1479 Rosetree Court, Clearwater, FL
33546
417 Harbor View Lane, Largo, FL 33540
202 Live Oak Lane, Largo, FL 33540
12800 Vonn Road #5302, Largo, FL 33544
Cleophus "Skip" Driver, II.
Charles E. Good
Rita Luczak
MacLane Norcross
Paul F. Probst, Jr.
Duane H. Runyan
2 -
- 51 -
Ex-Officio Directors:
Fred D. Goodrow, Director
Planning & Community Development
City of Largo P.O. Box 296, Largo, FL 33540
Jeffrey Spies, Finance Director
City of Largo P.O. Box 296, Largo, FL 33540
ARTICLE VII: BENEFIT TO MEMBERS
No part of the net earnings of the Corporation shall inure to the benefit of,
or be distributable to its members, directors, trustees, officers or other
private persons, except that the Corporation shall be authorized and empowe~ed
to pay reasonable compensation for services rendered and to make payments and
distributions ~n furtherance of the purposes set forth in Article IV hereof.
Any monetary or other benefits which flow to shareholders (members) shall be
incidential to the Corporation and shareholders. No substantial part of the
activities of the Corporation shall be for the purpose of carrying on
propaganda, or otherwise attempting to influence legislation, and the
Corporation shall not participate in, or intervene in, any political campaign
on behalf of any candidate for public office (including the publishing or
distribution of statements).
Notwithstanding any other provision of these Articles, the Corporation shall
not carryon any activity not permitted to be carried on by: (a) a
Corporation- exempt from Federal income tax under Subsection 501(C)(3) or
501(C)(4) or both of the Internal Revenue Code of 1954 (or the corresponding
provision of any United States Internal Revenue law); or (b) a Corporation,
contributions to which are deductible under Subsection 170(C)(2) of the
Internal Revenue Code of 1954 (or the corresponding provisions of any future
United States Internal Revenue law).
ARTICLE VIII: DISSOLUTION
Upon the dissolution of the corporation, no member or private persons
corporate or individual, or other private interest, shall be entitled to any
distribution or division of its remaining funds and other property and rights
and interests in property, and the balance thereof, after the payment of all
debts and liabilities of the corporation of whatsoever kind and nature,
'(including the payments of loans and contributions, the repayment of which has
been authorized in its certificate of incorporation or reincorporation) shall
be distributed to one or more counties, cities, towns or villages within the
territory set forth in the Bylaws as the territory in which its operations are
principally to be conducted, for furtherance of the purposes set forth in
Article IV, or to such other organization as shall qualify under Section
501 (c) (3) 0 f the Interna 1 Revenue Code of 1954, as amended, as sha 11 be
pr.ovided by the corporation.
ARTICLE IX: CONDUCT OF AFFAIRS
a. The By 1 aws 0 f the Corporat i on shall regu 1 at e the i nt erna 1 a ffa i rs of the
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corporation. Authority to adopt, alter or repeal the Bylaws of the
Corporat i on sha 11 be yes ted in the Boa rd of Oi rectors, subj ect to the
power of the members to alter or repeal such Bylaws.
b. The Articles may be amended in the manner authorized by law at the time of
amendment.
ARTICLE X: INCORPORATORS
The names and post offi ce addresses of the Incorporators of the Corporation
are as follows: '
Name
Address
William T. Burke
Ri ta Luczak
202 Cove Court, Clearwater, FL 33516
(in Largo)
801 West Bay Drive, Largo, FL 33540
5770 Roosevelt Blvd., Clearwater, FL
33520
1479 Rosetree Court, Clearwater, FL
33546
417 Harbor View Lane, Largo, FL 33540
202 Live Oak Lane, Largo, FL 33540
12800 Vonn Road #5302, Largo, FL 33544
Cleophus "Skip" Driver, II.
Charles E. Good
MacLane Norcross
Paul F. Probst, Jr.
Duane H. Runyan
. .
Ex-Officio Directors:
Fred D. Goodrow, Director
Planning & Community Development
City of Largo 225 1st Avenue S.W. , Largo, FL 33540
Jeffrey Spies, Finance Oi rector
City of Largo 225 1st Avenue S.W., Largo, fL 33540
Dated the L"lcJ..oG day of LJ-t..(' .L/771~'U , 19 g3 .
Signatures of Incorporators:
IN WITNESS THEREOF, the undersigned being the incorJ~o..r:.ators of this
co rpora t i on have executed thes e Art i c 1 es of Inco'rpOjat ion. /.;--
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ACCEPTANCE BY REGISTERED AGENT
Having been named to accept service of process for the above named corporation
at a place designated in these Articles of Incorporation, I hereby accept to
act in thi s capaci ty, and agree to comply wi th the prov; s i on of Chapter
48.091, Florida Statutes, relative to keeping open said office for serv)ce of
process.
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)SS.:
)
Before me, the undersigned authority, personally appeared the above-mentioned
incorporators as listed under Article X, to me well known to be the persons
who executed the foregoing Articles of Incorporation and acknowledged before
me, according to law, that they made and subscribed the same for the purposes
therein mentioned and set forth.
IN WITNESS)I~EREOF, I have hereunto set my hand and seal this
day of ~e.C(0/U..H!/t./, 19 ?..3 .
02()~
. .
My Commission Expires:
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,"_ .. Notary PUc::J.YJ I Fr::?,
l~otary Public. Sbfl2 01 FlotiJ., ..
I.iy <':or.:mission Expires A;>iiJ 20, l~a7
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BY - LAWS
OF
LARGO AREA HOUSING DEVELOPMENT CORPORATION
(AS AMENDED with language in italics)
ARTICLE I - NAME AND PURPOSE
Section 1: Name. The name of this not-for-profit Corporation shall be the:
LARGO AREA HOUSING DEVELOPMENT CORPORATION (LAHDC).
LAHDe is a 501 (c) 4 not-for-profit organization as determined by the Internal Revenue Service.
Section 2: Purpose. The primary purpose of the Corporation is to further the economic
development of the Largo area with specific emphasis on promoting, assisting, and developing
affordable housing, principally for low and moderate income households. In addition, the Corporation
is organized under the Florida Not-for-Profit Corporation Act, and any amendments thereto. The
. Corporation may acquire, develop and sell property in order to promote and assist the production of
affordable housing.
ARTICLE II - OFFICE AND BOUNDARIES
Section 1: Office. The principal office of the Corporation in the State of Florida shall be located
in the City of Largo, County of Pine lIas, or other such place as the Board of Directors shaH from time to
time determine.
Section 2: Place of Business and Other Offices. The Corporation may conduct its business at
such places and may establish other offices at sllch places as the Directors may determine from time to
time.
Section 3. Boundaries. The territory in which operations of.the Corporation are principally to
be conducted shall be in Pinellas County, Florida.
Rev. 6/23/97
-1-
ARTICLE OI - BOARD OF DIRECTORS
Section 1: General Powers. The property, business, and affairs of the Corporation shall be
managed by the Board of Directors. The Board of Directors shall have full power to act on behalf of
the Corporation as permitted by the statutes of the State of Florida, the Articles of Incorporation, and
these by-laws, as shall be amended from time to time. No committees will be delegated any duties or
authority of the Board, and the Board will retain full authority.
The Board of Directors may appoint Ad Hoc Committees to further the goals and objectives of the
Corporation, so long as the purpose and officers of the committee are not in conflict with the other
provision of this section. The Board of Directors shall appoint Ad Hoc Committees to provide input
from law-income communities which will advise the Corporation on design, location of sites,
development and management of affordahl~ hmlsing.
Section 2: Number. Terms of Office.. Qualifications, and Method of Election. The number of
Directors shall be twelve (12), but the number thereof may be increased by amendment of these by-laws.
Eleven members shall be full voting members of the Board ofDirectors~ one shall be an ex-officio
member of the Board. Notwithstanding the above, the Board of Directors shall, at all times, number at
least nine (9).
At least one-third of the Board of Directors shall be residents of low income neighborhoods in the
community; and/or, low-income residents oj the community; and/or, elected representatives of low
income neighborhood organizatio/ls. A maximum of one-third of the Board of Directors may consist
of representatives of the public sector.
Each Director shall hold office until his successor shall have been recommended and approved and
qualified, or until his death, or until his resignation shall have become effective, or until he/she shall have
been removed in the manner hereinafter provided, whichever is earliest.
R.ev. 6/23/97
-2-
Terms of office shall be staggered. The initial Directors shall serve terms as follows:
Four Directors serving until the 1998 election at which time their successors will begin
serving full three-year terms.
Four Directors will serve until the 1999 election at which time their successor will begin
serving three-year terms.
Three Directors will serve until the .2000 election at which time their successor will begin
serving three-year terms.
One ex-officio Director shall be the City of Largo Community Development Director or his designee.
The ex-officio Director shall hold office cotenninous with appointment to the City position.
Section 3: Regular Meetings. Regular meetings of the Board of Directors shall occur each
month on a fixed date, and time, to be specified by then Board of Directors. Each October, the Board
of Directors shall elect Officers from the Board of Directors membership. Iffor any reason such
meeting shall not be held on the day specified herein, it may be held at any other time or place which
shall be specified in D. notice given as hereinafter specified for special meetings of the Board or in a
consent and waiver of notice thereof signed by all the Directors.
Section 4: Special Meetings. Special meetings of the Board of Directors may be called at any
time by the President, the Vice President, or any three Directors and may be held at such time and place
within the State of Florida as may be specified in the respective notices or waivers of notice thereof
Section 5: Notice of Special Meetings. Notice of every special meeting shall briefly state the
purpose thereof and be given personally to each Director or sent to him/her by postage mail, facsimile,
electronic mail, telegram, or cable addressed to him/her at his residence or usual place of business, at
least two days before the day on which the meeting is to be held. Unless otherwise provided by law, no
notice of the time, place, or purposes of any meeting of the Board of Directors need be given to any
Director who attends such meeting, or to any Director who, in writing, executed and filed with the
records of the Corporation either before or after the holding of such meting, waives such notice. No
notice need be given of any adjourned meeting.
Section 6: Organization. At each meeting of the Board of Directors, the President, or, in his
absence, the Vice President, or in the absence of both such officers,' a chairman chosen by a majority of
the Directors there at shall act as Chairman of such meeting and preside there at. The Secretary or, in
his absence, any person whom the chairman may appoint secretary of such meeting shall act as secretary
of such meeting and ensure that the minutes thereof are kept.
Rev. 6/23/97
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Section 7: Quorum. At all meetings of the Board of Directors the presence in person ora
majority of the whole Board (but not less than six (6) voting Directors shall be necessary and sufficient
to constitute a quorum for the transaction of business. In the absence ofa quorum, those present may,
without notice other than announcement at the meeting, adjourn the meeting from time to time, until a
quorum shall be present.
Section 8 : Voting. At all meetings of the Board of Directors at which a quorum is present, all
matters, except as otherwise expressly required by law, the Articles of Incorporation, or these by-laws,
shall be decided by the vote of a majority of the Directors present.
Section 9: Resignations. Any Director may resign at any time by notice in writing to the Board
ofDirecors, the Chairman of the Board, or the President. Unless otherwise specified in such notice,
such resignation shall take effect upon receipt thereof by the Board or any such officer. If any Director
shall tender his resignation to take effect at a future time, the Board shall appoint a successor to take
office at such time as the resignation shall b~come effective.
Sedon 10: Removal. Any Director may be removed either for or without cause, at any time, by
the affirmative vote of two-thirds of all the members of the Board. This shall occur at any special
meeting called for that purpose, and the vacancy in the Board of Directors caused by any such removal
may be filled by the members at such meeting. Three (3) unexcused absences of any Director during
any fiscal year period will be subject to the provision set forth in this see/ion.
Section 11 : Vacancies. If any vacancy shall occur in the Board of Directors by reason of death,
resignation, disqualification, removal, increase in the number of Directors, or any other cause, such
vacancy may be filled (subject to the provisions of Section 10 of this Article III) by a majority of the
remaining Directors, though less than a quorum.
Section 12: Compensation. A Director shall not receive, directly or indirectly, any salary,
compensation, or emolument from the Corporation, either as such Director or in any other capacity.
Section 13: Written Consent in Lieu of Meetings. Any action required or permitted to be taken
by the Board may be taken without a meeting if all members of the Board consent in writing to the
adoption of a resolution authorizing the action.
Rev. 6/23/97
-4-
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ARTICLE IV - OFFICERS
Section I: Number. The Officers of the Corporation shall consist of President, one Vice
President, a Secretary, a Treasurer, and such other officers as may be appointed in accordance with the
provisions of Section 3 of this Article.
Section 2: Election. Term of Office. and Qualifications. Each officer (except such officers as
may be appointed in accordance with the provision of Section 3 of dus Article IV) shall be elected by
the Board of Directors at its October meeting. Each such officer shall hold his office until the next
annual meeting of the Board and until his successor shall have been elected and qualified, or until his
death, or until his resignation shall become effective, or until he/she shall have been removed in the
manner hereinafter provided, whichever is earliest.
Section 3: Other Officers and Agents. The Board of Directors may appoint such other officers
or agents as it may deem advisable, including a Comptroller, each of whom shall have such title, hold
office for such period, have such authority, and perform such duties as are provided in these by-laws or
as the Board may from time to time designate.
Section 4: Resignations. Any officer may resign at any time by giving notice in writing to the
Board of Directors, the President, or the Secretary. Unless otherwise specified in such written notice,
such resignation shall take effect upon receipt thereof by the Board or any such officer.
Section 5: Removal. Any officer or agent may be removed from office, either for or without
cause, by the Board of Directors at any meeting.
Section 6: Vacancies. A vacancy in any office by reason of death, resignation, removal,
disqualification, or any other cause may be filled for the unexpired portion of the term in the manner
prescribed by these by-laws for regular election or appointment to such office.
Section 7: The President. The President shall be the principal executive officer of the
Corporation and shall have general charge and control of the affairs and property of the Corporation
and general supervision over its officers and agents, subject to the direction of the Board of Directors.
The President shall preside at all meetings of the Board and shall see that all orders and resolutions of
the Board are carried into effect. The President shall advise with the other officers of the Corporation
on matters of policy. The President has the sole authority to sign and execute in the name of the
Corporation deeds, mortgages, bonds, contracts, agreements, or other instruments authorized by the
Board, except in cases where signing and execution thereof shall be expressly delegated by the Board to
some other officer or agent. He/she shall have such other powers and perform such other duties as may
be identical to the office, as are given hmlher by these by-laws, or as from time to time may be assigned
to him/her by the Board.
Rev. 6/23/97
-5-
Section 8: The Vice President. At the request of the President or in his absence or disability, the
Vice President shall perform all the duties of the President and, when so acting, shall have all the powers
of, and be subject to all restrictions upon, the President. The Vice President shall, in the absence of the
President, have the authority to sign and execute in the name of the Corporation deeds, mortgages,
bonds, contracts, agreements, or other instruments authorized by the Board except in cases where the
signing and execution thereof shall be expressly delegated by the Board to some other officer or agent.
He/she shall have such other powers and perform such other duties as are given to himlher by these by-
laws or as from time to time may be assigned to him/her by the Board or the president.
Section 9: The Secretary. The Secretary shall:
a. Sign all the proceedings of the meetings of the Board of Directors in a book or books
to be kept for that purpose~
b. Cause all notices to be duly given in accordance with the provisions of these by-laws
and as required by law;
c. Ensure the custody of the records and of the seal of the Corporation and cause such
seal to be affixed to all instruments the execution of which on behalf of the
Corporation under its seal shall have been duly authorized;
d. See that the lists, books, reports, statements, certificates, and other documents and
records required by law are properly kept and filed; and
e. In general, have such other powers and perform such other duties as may be
incidental to hislher office, as are given to him/her by these by-laws, or as from time
to time may be assigned to him/her by the Board or the President.
Section 10: The Treasurer. The Treasurer shall:
a. Have charge and custody of and be responsible for all funds and securities of the
Corporation, the keeping of accurate and full accounts of receipts and disbursements
in books belonging to the Corporation, and deposit all such monies and any other
valuable effects in the name of the Corporation in such banks, trust companies or
other depositories as shall be selected;
b. In general, have such other powers and perform such other duties as may be
incidental to his/her office, as are given to him/her by these by-laws, or as from time
to time may be assigned to him/her by the Board or the President.
Rev. 6/2J/97
-6-
"
Section 11: Salaries. Any officer of the Corporation shall not receive, directly or indirectly, any
salary, commission, or emolument from the Corporation, either as such officer or in any other capacity.
Section 12: Surety Bonds. In case the Board of Directors shall so require, any officer, agent, or
employee of the Corporation shall execute to the Corporation a bond in such sum and with such surety
or sureties as the Board may direct, conditioned upon the faithful performance of his/her duties to the
Corporation, including responsibility for negligence and the accounting for all property, monies, or
securities of the Corporation which may come into his/her hands.
ARTICLE V - STAFF
Section 1: General. The Corporation shall, at all times, as specified and directed by the Board of
Directors, make available professional staff as needed for carrying out the purposes of this Corporation.
Section 2: Capability.
a. The staff shall have the capability to prepare or cause all studies required to support
the Corporation's work program.
b. The staff shall be available to conduct business matters for the Corporation provided
such matters are delegated by the Board of Directors.
c. The staff shall be capable of writing grant proposals in support of, and in the name, of
the Corporation for program implementation.
d. The staff shall have the capability to prepare preliminary feasibility and market
analysis studies in support of developing affordable housing developments.
e. The staff shall have the capability of performing site identification and analysis for
potential affordable housing developments.
f. The staff shall have the capability of putting together a financial package by
understanding development financing and performing gap and credit enhancement
analyses.
Section 3: Definition. "Staff' shall include employees, Directors, and/or other staff assigned to
the Corporation in the interim and other qualified individuals or organizations, who may, from time to
time, contract with the Corporation to provide professional, legal, accounting, and technical assistance
services to the Corporation, residing or doing business in the territory of the Corporation.
Rev. 6/23/97
-7-
Section 4: Number and Qualification. The number of the staff shall be as determined by the
Board of Directors, provided, however, that this number shall be sufficient to meet the requirements of
Section 2 of this Article V. Further, regardless of the number of the staff, the staff shall be qualified,
based upon education, experience, and the opinion of the Board of Directors, to meet the provisions of
Section 2 of this Article.
ARTICLE VI - GENERAL PROVISIONS
Section 1: Deposits. All funds of the Corporation not otherwise employed shall be deposited,
from time to time, to its credit in such banks or trust companies, or with such bankers or other
depositories as the Board of Directors may select, or as may be selected by any officer or officers or
agent or agents authorized to do so by the Board. For the purpose of deposit and for the purpose of
collection for the account of the Corporation, checks, drafts, and other orders for the payment of money
which is payable to the order of the Corporation may be endorsed, assigned, and delivered by an officer
or agent of the Corporation.
Section 2: Checks. Drafts, Etc. All checks, drafts, or other orders for the payment of money,
and all notes or other evidence or indebtedness issued in the name of the Corporation shall be signed by
such officer or officers or agent or agents of the Corporation and in such manner, as from time to time
shall be determined by the Board of Directors.
Section 3: Securities of Other Corporations. Stock certificates, notes, bonds or other securities
held or owned by the Corporation may be sold, transferred, or otheIWise disposed of when endorsed for
transfer by such officer or officers or agent or agents of the Corporation, and in such manner. as shall be
determined from time to time by the Board of Directors.
Section 4: Proxies. Proxies to vote with respect to shares of stock of other corporations owned
by or standing in the name of the Corporation may be executed and delivered from time to time on
behalf of the Corporation by the President, Vice President, or the Secretary of the Corporation or by
any other person or persons thereunto authorized by the Board of Directors.
Section 5: Corporate Seal. The corporate seal shall be circular in form and shall bear the name
of the Corporation and words and figures denoting its organization 'under the laws of the State of
Florida and the year thereof and otherwise shall be in such form as shall be approved from time to time
by the Board of Directors.
Section 6: Fiscal Year. The fiscal year of the Corporation shall be/rom October I through
September 30 of each year.
R~\'. 6/23197
-8-
ARTICLE VII - MffiNDMENTS
Any of these by-laws may be amended, altered, repealed, or added to; and new by-laws may be made,
by the affirmative vote of two-thirds of the Directors given at any meeting of the Board of Directors.
ARTICLE VITI - INDEMNIFICATION OF DIRECTORS AND OFFICERS
Any perscn made a party to any action, suit or proceeding by reason of the fact that he is a personal
representative, is or was a director, officer or employee of the Corporation, or any corporation which he
served as such at the request of the Corporation shall be indemnified by the Corporation against the
amounts expended for reasonable expenses, including attorney's fees, costs and amounts otherwise paid
in settlement or satisfaction of any judgment of fine, actually and necessarily incurred by him in
connection with such action, suit or proceeding, or in conjunction with any appeal therein, except in
relation to matters as to which it shall be adjudged in such action, suit or proceeding, that such officer,
director or employee is liable for gross negligence or gross misconduct in the performance of his duties.
The foregoing right of indemnification shall not be deemed exclusive of any rights to which any officer
or director or employee may be entitled apart from the provisions of this section.
We, the undersigned, being duly elected members of the Board of Directors of Largo Area Housing
Development Corporation, do hereby approve the above noted amendments to the Corporation's
WS. These ndments are approved this 23rd day of June, 1997.
Walter E. Gorg, Dire
ct/J;.b e7 ~
L. Dllke Tieman, Director
n", IJ ~
Michael D. Leeks, Direc r
~~b~E
tri a . Tyrer, Dir
cfJduj
Tamika Griffin) Director
~~
Deborah Capone) Di ector
Ri hard P. Goss, Director
g~l"" lY\t ~
Darl~?f M~Connell, Dire ~or
;lU.1~ .;
Denise Sexton, D
~
Melinda Thompson) Dire tor
"
R,cv. 61'l3/97
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Item #22
/6115
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aa
PINELLAS COUNTY
FLORIDA
SITE: CLEARWATER
GLC: FLx..'X09
CLLI: CLWSFLCT
NON-EXCLUSIVE EASEMENT
This EASEMENT is made by and between AT&T CORP., a New York Corporation ("Grantor"), and
CITY OF CLEARWATER, a Florida Municipal Corporation, and its successors and assigns ("Grantee").
WITNESSETH THAT:
For and in consideration of the sum of Ten and No/IOO Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, as owner of that
certain real property in Pinellas County, Florida, and being more fully described in that certain Deed
recorded in Office Record Book 10771, Page 286, of the Pinellas County Official Records, Florida ("the
Property"), hereby grants, bargains and conveys unto Grantee, a non-exclusive easement for construction
and use of a 10 X 10 sidewalk across and through the property of Grantor (the "Facilities"). The location
and course of said easement are more particularly described as follows (the '.Premises") and on Exhibit "A"
attached hereto:
That portion of the Northwest If.. of Section 12, Township 29 South,
Range 15 East, Pinellas County, Florida being at the Southwest corner
of the intersection of North Hercules Avenue and Grand Avenue and
being more particularly described as follows:
Commence at the Southeast corner of the Northwest If.. of said Section
12; thence on the East boundary thereof, North 000 16' 59" East, a
distance of 208.58 feet; thence departing said East boundary, North 890
21' 30" West, a distance of 50.00 feet to the intersection with the West
right of way line of North Hercules A venue; thence on said right of way
line, parallel with the East boundary of the Northwest l;4 of said Section
12, North 000 16' 59" East, a distance of 290.00 feet to the POINT OF
BEGINNING; thence departing said right of way line. North 440 31'
33" West, a distance of 14.19 feet to the intersection with the South
right of way line of Grand A venue; thence on said right of way line,
South 890 20' 05" East, a distance of 10.00 feet to the point of
intersection with the South right of way line of Grand Avenue and the
West right of way line of North Hercules A venue; thence on said right
of way line, South 000 16' 59" West, a distance of 10.00 feet to the
POINT OF BEGINNING.
The above-described parcel contains 50.00 square feet, more or less.
(AMSJ000517Jl334)
Page 10f5
Instrument Prepared By:
AMS Resources, Inc.
C.L.McVay
2550 Northwinds Parkway
Suite 175
Alpharetta. GA 30004
(770) 442-0122
Prepared Under the Direction of:
AT&T Corp.lGlobal Real Estate
Attn: Starla Caraccna
Promenade II, FLOC 12WI2
1200 Peachtree Street
Atlanta. GA 30309
(404) 810-3857
SITE: CLEARW A'fER
GLC: FLXX09
CLLI: CLWSFLCT
;}'d-
FURTHER, this easement is granted upon and subject to the following terms, covenants and conditions:
1. The easement granted herein is in gross.
2. The easement is granted for the limited purpose of allowing Grantee construction and use of a lOX
10 sidewalk.
3. By accepting this easement, Grantee agrees to exercise reasonable care to avoid damage to the
Premises and all property that may at any time be there. Grantee shall be responsible for any damage to
personal property or improvements suffered by Grantor or Grantor's agents, employees, contractors, tenants
or subtenants, successors or assigns, by reason of Grantee installing, operating, repairing, maintaining, using
or removing the Facilities.
4. Grantee shall have the right to keep said easement clear of trees, brush, and roots which may
interfere with the Facilities or with the stated purpose of said easement, except that the use of herbicides or
other chemicals is hereby specifically prohibited.
5. Grantee shall indemnify, defend, and hold harmless Grantor and Grantor's agents, officers,
contractors and employees, from and against any and all claims, losses, damnges, costs, expenses (including
reasonable attorney's fees), and liabilities for any and all injuries to, or death of, any person, or damage to
any property, or for any financial loss of whatever nature, in any way arising out of or in connection with
this easement or activities undertaken pursuant to this easement, whether caused by the acts, negligence or
willful misconduct of Granlee, its agents, employees, representatives, contractors, permitted assigns, or
those under Grantee's control or by Grantee's failure to perform the covenants or conditions of this
easement. Grantee's obligations to indemnify and hold hannless Grantor shall survive any termination or
abandonment of this easement. Nothing herein shall constitute a waiver by the City of its sovereign
immunhy and the limitations set forth in Chapter 768.28, Florida Statutes.
6. The Facilities affixed to or installed in or on the Premises by Grantee shall be installed, operated,
repaired, maintained, used, and removed in compliance with all applicable laws and regulations and in such
a manner as not to interfere with the operations of Grantor, its agents, contractors or employees, on the
Property. Furthermore, any and all work relating to said easement and/or rights granted herein shall be done
in a workmanlike manner, and by acceptance of this document, Grantee agrees to follow Grantor's
guidelines during the improvements, including but not limited to:
a. Grantee covenants with Grantor that on any occasion requIrmg
excavation upon and with the easement premises Grantee, its
employees, agents, contractors and/or assigns shall comply with utility
location requirements of "The Sunshine State On;re-Call of Florida.
Inc." established by Chapter 556, Florida Statutes.
b. The entire area disturbed by Grantee during relocation, installation and
future installation for maintenance purposes shall be restored (replaced,
graded, seeded, and fertilized) at Grantee's sole expense, to a condition
as good as existed prior to said work. All openings, excavations and
abandoned areas shall be properly refilled and the Property left in good
and safe condition.
c. Grantee covenants that proper access to the Property will be maintained
during the installation period of all improvements.
(AMS/000517/850) Page 2 01'5
SITE: CLEARW A TER
GLC: FLXX09 .
CLLI: CLWSFLCT
7. Grantee agrees to pay for all labor used upon and all materials installed in or aftixed to the
Premises by Grantee including the dismantling of Grantee's former facilities, and shall save the Premises
and hold Grantor hannlcss from any lien or claim of lien relating thereto.
~d-
8. Grantee agrees that it shall not use, have present nor transport on or about the Property any
hazardous or toxic materials, wastes or substances or any pollutants or contaminants ("Hazardous
Substances"), without the prior express written consent of Grantor. If at any time during the term of this
easement, Grantee knows or has reason to believe that any Hazardous Substances have come, or wiII come,
to be located upon, about. or underneath the Property, then Grantee shall, as soon as reasonably possible,
give verbal and written notice of that condition to Grantor. Grantee covenants to investigate, clean-up and
otherwise remediate any release of such Hazardous Substances by Grantee, its agents, employees,
representatives, contractors, permitted assigns, or those under Grantee's control at Grantee's cost and
expense. Grantee shall notify Grantor prior to commencing any clean up or remediation.
9. Grantee shall at all times during the continuance of this easement have ingress to and egress from
the Premises for the stated purpose of said easement by such reasonable route as may be designated by
Grantor.
10. This easement is made without covenant of title or quiet enjoyment and is without warranty of title,
express or implied. Grantee's rights hereunder shall be subject to all valid and existing easements, rights,
leases, licenses, reservations and encumbrances, whether of record or not, affecting Grantor's Property or
any portion thereof.
11 Grantee's occupancy or use of the Premises shall not create nor vest in Grantee any ownership or
interest of whatsoever nature in Grantor's Property other than as specifically given herein.
12. Grantee shall pay any and all taxes which, during the continuance of this easement, may be levied
or assessed upon any equipment or other improvements placed on the Premises by Grantee. If all or a
portion of any such taxes are assessed to Grantor, said taxes and assessments shall be paid by Grantor, and
Grantee shall reimburse Grantor upon demand the full amount so paid by Grantor.
13. In the event Grantee ceases to use the Premises for the operation and maintenance of the Facilities
for a period of 180 consecutive days, this easement shall automatically terminate. Not later than 90 days
after said termination date, Grantee shall, at its sole expense, remove all of Grantee's improvements and
property, and surrender the Premises in a condition as close to its original condition as reasonably possible.
14. The rights granted by this easement are granted for the purpose of a public sidewalk, and Grantee
shall not allow any other use without the written consent of the Grantor. Grantee shall not assign this
easement nor any part thereof without the prior written consent of Grantor.
15. The easement granted herein is non-exclusive. Grantor retains the right to make any use of the
Property that does not unreasonably interfere with Grantee's free use and enjoyment of this easement.
16. Except as otherwise provided herein, all notices or demands to be given or made or which may be
given or made by either party to the other, shall be deemed to have been duly given if made in writing and
deposited in the United States mail, certified or registered, return receipt requested, postage prepaid, or by
overnight delivery service, and addressed as follows or to such address as either party may designate by
giving the other party written notice thereof.
To Grantor:
A T&T Communications, Inc.
Supervisor - Global Real Estate
Promenade 11, FLOC 12Wl2
1200 Peachtree Street
Atlanta, GA 30309
(AMS/000517/850)
Page 3 of5
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SITE: CLEARWATER
GLC: FLXX09
eLL!: CLWSFLCf
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To Grantee:
CITY OF CLEARWATER, a Florida Municipal Corporation
P.O. Box 4748 .
Clearwater, FL. 33758.:-4748
Attention: City Manager
Notice shall be deemed to have been given on the date receipt is acknowledged.
17. This EASEMENT and the tenns contained herein shall be binding upon and inure to the
benefit of the parties hereto and their respective representatives, administrators, assigns or
successors in title.
~"i
(continued)
(AMS/000517/850)
Page 4of5
SITE: CLEAI<W ATER ~d--
GLC: FLXX09
Cl.L!: CLWSFLCf
IN WITNESS WHEREOF, the parties have duly executed this EASEMENT on the dates below written.
ATIEST=hV.~ AT&T CORP., aNew York Corp tion
lj(~~A ,Qu,-'\L-~.~
Name ~^e U. Co);.,..
A ~.\sf'4~ ~-=r~ftlr''t
Date:
sl~s-)ou
By:
Tit
(Corporate Seal)
ACKNOWLEDGMENT
STATE OF
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COUNTY OF
BEFORE ME, the undersigned authority, on this JS'h day of , 2000,
personally appeared Stephen Brazzell known to me to be the person whose na e is subscribed to the
foregoing instrument as a Vice-President - Global Real Estate of AT&T Communications, Inc., as Agent for
A T&T Corp.. a New York Corporation, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therein state~the act and, ~on.
G&~/~
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My commission expires: .2..-"2.._.-!' ~ ~."'.,.
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ACKNOWLEDGMENT
STATE OF
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COUNTY OF
BEFORE ME, the undersigned authority, on this t;-I-h day of JlIA,~-' , 2000,
personally appeared (-:rr"tv't. L,/. (le. ~ ('r , known to me to be the person whose name is
subscribed to the foregoing instrument as a:.J <' <c:+ .J;" l r -I-. ,', of AT&T Communications,
Inc., as Agent for AT&T Corp., a New York Corporation, and acknowle - (i to me that he/she attested the
foregoing instrument and affixed the corporate seal to the foregoing instrument as the act and deed of the
corporation. ~ i''''",l ?L S-
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Notary PubUc, Fulton County, Georgia.
My Commission f.xplres AugUst 1, 2000
(AMS/OOOS17/8S0)
Page 50fS
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Prepared bv & return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 33758-+748
Parcell. D. No. 02-29-15-94545-000-0270
DRAINAGE & UTILITY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to him, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
Mark B. Bronson, an unmarried man
1549 Huntington Lane, Clearwater, FI. 33755-1338
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation, an easement over, under and across the following described land lying and
being situate in the County of Pinellas. State of Florida. to wit:
A FIVE FOOT (5.0') DRAINAGE AND UTILITY EASEMENT BEING MORE
SPECIFICALL Y DESCRIBED AS:
The West five feet (5.0') of the East ten feet (10.0') of Lot 27, WALDEN WOODS
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 70, Page
49 of the Public Records of Pinellas County, Florida.
This easement is for drainage and utility installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to constmct, install and maintain thereon any stonnwater lines and
L:'lcilities, and to inspect and alter such stoml\Vater lines and facilities from time to time
IN \VITNESS WHEREOF, the undersign~d rantor has caused these presents to be duly
executed in its name this :(.'I~ day of _' 2000.
Signed, sealed and delivered
in t p~<:ence of: ~~-z....
lESS sigga~1 / . (" ~. /J r7 /7
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Grantor: Mark B. Bronson
Grantee: City of Clearwater, Florida
Re: Lot 27, Walden Woods Subdivision
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STATE OF FLORIDA
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COUNTY OF PINELLAS
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Before me, the undersigned authority, personally appeared Mark B. Bronson, an unmarried
man, who acknowledged before me that he executed the foregoing instrument, and did execute
same for the uses and purposes therein described.
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Notary Public - State of Florida
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TypelPrint Name
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PUBJJC WORKS ADMINtSTRATION
ENGINEERING
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Prepared by and return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
IHomecominQs Financial Network loan No. 04303745461
THE UNDERSIGNED, present owner of a lien on or secured interest in the following
described premises:
Lot 27, WALDEN WOODS SUBDIVISION, as recorded in Plat Book 70, Page 49 of the
Public Records of Pinellas County, Florida
as evidenced by a mortgage dated August 22, 1997 given by MARK B. BRONSON, an unmarried man
("Mortgagor"), in favor of Market Street Mortgage Corporation, a Michigan corporation ("Mortgagee"), said
mortgage being recorded among the Official Records of Pinellas County, Florida in O. R. Book 9820, Pages
0958 - 0963, subsequently assigned to BANKERS TRUST COMPANY, a New York banking corporation, as
Trustee, ("Lender"), which does hereby consent to and joins in the granting of that certain Drainage & Utility
Easement given by said Mortgagor to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, on April 24, 2000, and further subordinates said mortgage interest and all of the right, title, interest
and claim thereunto accruing in said premises to said easement grant, together with facilities described therein.
'/I IN ~ESS WHEREOF, the undersigned has caused these presents to be signed this
1.!i.- day of WM-e . 2000.
Signed, sealed and delivered
in the presence of:
BANKERS TRUST COMPANY, Lender
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Witness Signature
Print name Vand:5SCf C. Rccsu~
By: HOMECOMINGS FINANCIAL NETWORK,
as Lende~ servicing agent
By: :;..4 _ ~-
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ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: Lot 27. WALDEN WOODS SUBDIVISION
Grantor: Mark B. Bronson, an unmarried man
Grantee: City of ClealWater, Florida
STATE OF TEXAS
COUNTY OF LJl1tLllS
. ~EFO~ ME, '.he undersigned, personally appeared ~ '&. \.r C!:oUTt,),eE , as
_V, c.c ~I iJ1Et..Ir of HOMECOMINGS FINANCIAL NETWORK, who executed the foregoing
instrument on Dehalf of said lending institution and acknowledged the execution thereof to be h~ free act
and deed for the use and purposes therein set forth.
:55
",\-:..~~'I.'/J", SHERI DOTSON
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PUBLJC WORKS ADMINISTRATION
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
FROM:
Honorable Mayrnd City Commissioners
Pamela K. Akin', City Attorney
TO:
RE:
Request to File Interpleader Action in Circuit Court
Release of Pension Fund Moneys, Wages and
Benefits of Terrance B. Griggley
DATE:
July 17, 2000
Terrance B. Griggley, a City of Clearwater employee, died on June 17, 2000. Mr.
Griggley did not have a Will and there have been numerous requests for release of
pension moneys, wages and benefits by various family members.
I am requesting your approval to file an interpleader action in circuit court to determine the
amount and payee for such pension fund moneys.
PKA:jmp
Copy to:
Michael J. Roberto, City Manager
Paul O'Rourke, Human Resources Director
Margie Simmons, Finance Administrator
PKA:jmp
Copy to:
Michael J. Roberto, City Manager
Go L 1-
CleaIWater City Commission
Agenda Cover Memorandum
Worksession Item II:
Final Agenda Item 1/ ;;2 c;,
Meeting Date: 'I. ~ 0 . C()
SUBJECT/RECOMMENDATION: Approve two contracts between Calvary Baptist Church and the City of
Clearwater to exchange a vacant 5-acre parcel on Drew Street at Hampton Road for Chesapeake Park,
and that the appropriate officials be authorized to execute same.
SUMMARY:
· On May 18, 2000, Commissioners approved the concept of this land swap with Calvary Baptist Church and
agreed to submit a referendum question to the voters on July 11. That referendum question was approved,
permitting the City to complete the real estate transactions.
· Under the terms of these contracts, Calvary Baptist wi 1/ take possession of Chesapeake Park on October 1,
2000, contingent upon zoning approval to utilize the property as a church and related educational facility.
The City will become the owner of the parcel on Drew and Hampton.
· The City will continue to use and maintain Chesapeake Park as a ballfield until at least March 1,2001, with 45
days notice to vacate the premises when needed for construction of their new church.
· Calvary Baptist Church will place into escrow with the City of Clearwater $330,000, which will be used to
construct a replacement 300' softball field and the same amenities that are at Chesapeake Park on the newly-
acquired property. The City will pay the city's portion of closing costs (approximately $7,500).
· Additional funds in the amount of approximately $160,000 will be budgeted at a future time to construct an
additional 200' softball field on the new ballfield property.
. Copies of the contracts are available in the City Clerk's office.
Submitted by:
City Manilger
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Info Srvc
Public Works
OCM/ ACM
Other
N/A
--
N/A
Originating Dept:'1fz,
Quality of Ufe Adnlinistratiol}/
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User Dept.
Parks & RecreaU n Department
Attachments
Costs
Reviewed by: .
Legal ~
Budget N/A
--
Purchasing
Risk Mgmt
Total N/A
Current FY N/A
Funding Source:
CI
OP
Other
x
o None
A ro riation Code: None
Rev. 2/98
WIT N E SSE T H:
;REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT
(Purchase of Chesapeake Park Property by Calvary Baptist Church - Agreement #1)
THIS REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT made and
entered into this _ day of July, 2000, by and between FIRST BAPTIST CHURCH OF
CLEARW ATERINCORPORATEDdba CAL V ARYBAPTISTCHURCH ("Calvary") and
THE CITY OF CLEAR WATER, FLORIDA ("City") (together Calvary and City shall be
referred to as the "Parties");
, WHEREAS, the City owns certain real property known as Chesapeake Park located on
the west side of McMullen Booth Road approximately 445 feet south of Drew Street (hereinafter
referred to as the "Chesapeake Park Property") and more specifically described in Exhibit "A"
attached hereto; and
WHEREAS, Calvary owns certain real property comprising approximately 5 acres at the
intersection of Drew Street and Hampton Road (hereinafter referred to as "Hampton Road
Property") and more specifically described in Exhibit "B" attached hereto; and
WHEREAS, the City and Calvary have reached an agreement wherein the City will sell
and transfer the Chesapeake Park Property to Calvary (the Agreement as to this transaction shall
be referred to as Agreement 111) in exchange for the sale and transfer of the Hampton Road
Property by Calvary to the City (the Agreement as to this transaction shall be referred to as
Agreement #2); and
WHEREAS, by Resolution of May 18, 2000, the City has approved the concept of the
land exchange contemplated herein subject to a formal referendum authorizing such exchange [a
copy of said Resolution being attached hereto as Exhibit "e"]; and
WHEREAS. the City and Calvary desire to memorialize their agreement as further set
forth herein;
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by both parties, Calvary and City do hereby agree
as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Earnest Money Deposit. None
3. Consideration. The City shall sell and Calvary shall purchase the Chesapeake Park
Property for consideration equal to $560,000.00. The consideration shall be in the form of a
conveyance of the Hampton Road Property from Calvary to the City. As additional
consideration for the improvements located on the Chesapeake Park Property, Calvary shall pay
up to $330,000.00 (Reimbursement Procee.ds) for the City to build a 300' softball field and related
amenities (the "Project") on the Hampton Road Property. The Project shall be designed and
constructed by the City at their sole discretion and shall include, but not be limited to, site
development, irrigation, field construction, lights, fencing and parking. Th~ Project is designed
to replace the improvements located on the Chesapeake Park property which is being conveyed
by the City to Calvary. The Project shall create substantially the same improvements as the
existing 300' softball field and related amenities currently located on the Chesapeake Park
Property and shall be built so that the Project may be used in conjunction with the softball field
complex operated by the City adjacent to the Hampton Road Property. Calvary's obligation for
reimbursement shall not exceed $330,000.00. When the project is completed, the City shall
provide a statement of its expenditures to Calvary outlining the costs expended in the Project and
within thirty (30) days thereafter Calvary shall reimburse the City for up to $330,000.00 of the
cost of' the Project. At Closing, Calvary shall provide proof as to the existence of the
Reimbursement Proceeds through one of the following methods to be chosen in Calvary's sole
discretion:
(i) Escrow deposit of the Reimbursement Proceeds with Macfarlane Ferguson
& McMullen in a local interest-bearing bank account with all interest on
said proceeds to accrue in favor of Calvary. The proceeds shall be
disbursed to the City from the account upon the happening of events as
otherwise set forth herein.
(ii) Establishment of an Irrevocable Letter of Credit from a local banking
institution in favor of the City in the amount of $330,000.00 to be used and
drawn upon by the City upon the happening of events as otherwise set
forth herein.
4. Conveyance by City. At a closing to occur simultaneous with the conveyance of
the Hampton Road Property by Calvary to the City, the City shall convey to Calvary by good
and sufficient warranty deed containing full covenants of warranty a fee simple, marketable title
to the Chesapeake Park Property. At Closing, Calvary shall provide the City with evidence of
an existing line of credit with First Union National Bank (or some similar banking institution)
in favor of Calvary. A portion of the credit line proceeds (up to $330,000.00) shall be
documented as earmarked and available as proceeds to reimburse the City for the Project.
5. Title Insurance. The City shall order and provide at its expense a commitment for
tide insurance in the amollnt of the sale consideration ($560,000.00), which commitment shall
show J. marketable, unencumbered, fee simple title in the name of the City as to the Chesapeake
Park Property. Calvary shall have fifteen (15) days after the delivery of said commitment for the
examination thereof, and within said period shall notify the City in writing of any objections to
said title. If this notification is not given within said period of time, then said tide shall be
conclusively deemed to be acceptable to Calvary. In the event that the title to the Chesapeake
Park Property is not good and marketable, the City shall have thirty (30) days thereafter to
2
perfect the title; and if the defects are not cured within such time, then Calvary may cancel this
Agreement, or waive the defects and accept the property without deduction on account of said
defects. A final title insurance policy will be issued to Calvary as soon after closing as possible.
The City shall select a title insurance company and closing agent which is reasonably acceptable
to Calvary.
6. Permitted Excep.tions. The Chesapeake Park Property shall be conveyed to
Calvary subject to no liens, charges, encumbrances, easements, restrictions, exceptions or
reservations of any kind or character other than the following exceptions (the "Permitted
Exceptions"):
a. Zoning ordinances, provided the same permit Calvary's contemplated
utilization of the Property as a church and related educational facility; and
b. Any easements, restrictions or other matters which appear 10 the
commitment and/or survey (excluding standard exceptions) which are not objectionable
exceptions.
c. Any agreements between the parties that are part of this agreement.
7. Survey. Calvary may, at its own expense, order a survey of the Chesapeake Park
Property.
8. Closin~ and Possession. The sale and exchange contemplated herein shall occur
on or before the 111 day of October, 2000, and said Closing shall be simultaneous with the
purchase of the Hampton Road Property by the City from Calvary. After Closing, the City
shall be allowed to remain in possession of the Chesapeake Park Property on a rent-free basis for
a minimum period of six (6) months from the date of Closing. Calvary shall be required to
provide the City with forty-five (45) days written notice of the need to vacate the Chesapeake
Park Property and thereafter, within such timeframe, the City shall cease possession and further
use of the Chesapeake Park Property. While the City remains in possession of the Chesapeake
Park Property, it shall be responsible for any and all upkeep, maintenance and operational costs
associated with the Chesapeake Park Property. Furthermore, the City shall keep the Chesapeake
Park Property insured for casualty equal to the value of any improvements on the Property and
shall maintain a liability insurance policy by an A+ rated company approved by Calvary with
limits of at least Five Million Dollars ($5,000,000.00) naming Calvary as the insured party. In
addition, the City shall fully indemnify and hold Calvary harmless {rom any and all claims or
causes of action for property damage, death or personal injury which may be brought against
Calvary relating to the City's possession, use or operation of the Chesapeake Park Property. At
the time of the required vacation of the Chesapeake Park Property, the City shall be allowed to
remove the above-ground improvements and irrigation system located on the site.
9. Property Taxes. To the extent any property taxes are assessed, all property ta."es
shall be prorated at Closing.
3
10. Closing Costs. The City shall pay the following costs and expenses in connection
with the closing:
a. documentary stamps in connection with dIe conveyance of the Property;
b. the premium and all search fees payable for the owner's policy of title insur-
ance.
c. recording fees in connection with those instruments necessary to render title
acceptable to purchasing party;
d. its costs of document preparation and its attorneys' fees; and
e. any costs of operating the Property which have been accrued on or prior
to the closing date.
Calvary shall pay the following costs and expenses in connection with the closing:
a. recording fees in connection with the general warranty deed; and
b. its costs of document preparation and its attorneys' fees.
11. Risk of Loss. The risk of loss or damage to the premises by fire or otherwise, until
delivery of deed, is assumed by the party in ownership. The owning party further agrees to
maintain the property and to deliver said property to Calvary in the same condition as it is when
this contract was executed, ordinary wear and tear excepted.
12. Contin~encies. This agreement and the closing contemplated hereunder is
expressly contingent upon the satisfaction of the following contingencies:
a. The passage of a citywide referendum within the City of Clearwater which
referendum authorizes the transaction as contemplated in the Resolution;
b. Completion of all rezoning and land use changes on the Property as may
be necessary to allow the construction and operation of a church and related education facility
on the Chesapeake Park Property.
c. The conveyance by Calvary of the Hampton Road Property to the City.
13. Affirmative Covenants. Warranties and Representations of the City.
a. Operating the Property. Between the date hereof and the closing, the City
shall maintain the Property in substantially the same manner as prior to the date hereof.
b. Rights of Acqztisition. No other person, firm, corporation or other entity
has any right or option to acquire the Property or any portion thereof or any interest therein.
c. Zoning. The present zoning and land use classification of the Property
according to the current and applicable zoning ordinances is . This Agreement
is expressly contingent upon the Property being rezoned to " " along with the
appropriate land use change prior to Closing. The City shall cooperate with Calvary as necessary
in the execution of any and all zoning and/or land use change applications so as to apply for the
zoning and land use change of the Property so as to allow the use of the property as a church and
related educational facility. The zoning and land use change must be completed prior to Closing.
4
d. Title to Property. The City owns fee simple title to the land, the
improvements and the appurtenances, which at the time of closing will be free and clear of all
restrictions, liens, encumbrances, easements, exceptions, Uniform Commercial Code financing
statemems and security interests of every kind and character, except for the Permitted Exceptions.
e. No Assessments. No assessments have been made against the Property that
are unpaid (except ad valorem taxes for the current year), whether or not they have become liens,
and if, at the time of closing, the Property or any part thereof shall be or shall have been affected
by an assessment or assessments and that are or may become payable in installments, of which the
first installment is then a charge or lien, or has been paid, then for the purposes of this Agreement
all of the unpaid installments of any such assessments, including those that are to become due and
payable after closing, shall be deemed to be due and payable and to be liens against the Property
affected' thereby and shall be paid and discharged by the City at closing. No goods or services
have been contracted for or furnished to the Property which might give rise to any mechanic's
liens or other liens affecting all or any part of the Property.
f. Utilities. As of the date and time of closing, those public utilities (including,
without limitation, water, electric, gas, sanitary sewerage, storm W.lter drainage facilities and
telephone utilities) sufficient to operate the Property in its present state of usage shall be available
to the Property and shall be completed on the land and shall be connected to the improvements
located on the Property, such utilities shall enter the land through adjoining public streets, and
by other means to public utilities and all of the installations costs, "tap-in" fees, and similar costs
for such utilities shall have been paid in full. No sewer or water moratorium is in effect with
respect to the Property that would prevent use of the Property by Calvary.
g. Asbestos, Hazardolls Wastes and Materials. To the best of City's knowledge,
there are no oil, toxic or hazardous wastes or materials, asbestos or other environmentally
regulated substances (as such terms may be defined under any federal, state or local laws or regula-
tions) ("Hazardous Waste") located on, in or about any portion of the Property, nor has any such
Hazardous \'qaste been treated, stored or disposed of on, in or about any portion of the Property
or used in connection therewith, and the City agrees that it will indemnify and hold Calvary
harmless from any and all expense, damage, loss or liability incurred by Calvary arising from the
application of any common law or any federal, state or local statute, regulation, ordinance or
other regulatory requirement, including, without limitation, any so-called "superfund" or
"superlien" legislation, relating to the presence of Hazardous Waste on, in or about the Property,
including, without limitation, costs and reasonable attorneys' fees arising before trial, during trial,
after trial, on appeal or in .lny bankruptcy, arbitration or administrative proceedings.
h. Historic Registry. To the best of City's knowledge, the Property is not on
any national, state, coumy or municip.ll historic registry or similar classification.
I. Lmdfi/l. To the best of City's knowledge, the Property has never been used
as a landfill or as a garbage dump.
5
J. Cemeteries. To the best of City's knowledge, no cemetery or grave site,
whether marked or unmarked and whether abandoned or not, is located on a portion of the
Property nor has any of the Property been dedicated as a cemetery under the Florida Cemetery
Act.
k. Miscellaneous.
I. To the best of City's knowledge, there are no legal actions, suits or
other legal or administrative proceedings, including condemnation or similar cases or proceedings,
pending or threatened, against the Property, or against City, and affecting the Property or against
any third party known to the City affecting the Property, the City is not aware of any facts
which might result in any such action, suit or other proceedings.
11 To the best of City's knowledge, there are no sinkholes on the
Property or sinkhole activity therein.
1. Ingress/Egress. The City warrants that there is ingressl egress to the
Property.
14. Survival of Representations and Warranties. The representations and warranties
of the City as set forth herein shall be true and correct as of the date of closing and shall survive
the closing of this transaction. The City shall defend, indemnify and hold Calvary harmless from
and against and will reimburse Calvary with respect to any and all losses, claims, demands, causes
of action, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys'
fees and disbursements and court costs whether such fees, disbursements or costs arise before trial,
during trial, after trial, on appeal, or in any bankruptcy, arbitration or administrative proceeding)
at any time and from time to time after the closing asserted against or incurred by Calvary by
reason of or arising out of a misrepresentation or breach of warranty of the City contained in this
Agreement.
15. Provision with Respect to Failure of Title and Default.
a. Default by the City. In the event the City fails to comply with any of its
obligations or conditions hereunder, Calvary shall notice the City in writing and allow the City
to cure within a reasonable period of time not to exceed thirty (30) days and thereafter Calvary
shall have the right to cancel this Agreement and it may pursue any and all rights and remedies
available to it under Florida law including, but not limited to, the right to seek damages and to
seek the specific performance of this Agreement.
b. Remedies Cumulative. All rights, powers and privileges conferred upon
Calvary shall be cumulative and in addition to those other rights, powers and remedies hereunder
and those available by law or in equity. All such rights, powers and remedies may be exercised
separately or at once, and no exercise of any right, power or remedy shall be construed to be an
election of remedies or shall preclude the future exercise of any or all other rights, powers and
remedies granted hereunder or available at law or in equity.
6
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c. Defalllt by Calvary. In the event Calvary should fail to consummate the
transaction contemplated herein for any reason except for (i) any permissible reasons set forth
herein, or (ii) City's default, City may pursue all legal remedies available to it under Florida law
including, but not limited to, the right to seek damages and to seek the specific performance of
this Agreement.
d. Attorneys' Fees and Costs. In the event of any litigation between the parties
arising out of this Agreement or the collection of any funds due Calvary or the City pursuant to
this Agreement, the prevailing party shall be entitled to recover all costs incurred, including
without limitation, reasonable attorneys' and paralegals' fees and costs, whether such fees and
costs are incurred before trial, during trial, after trial, on appeal or in any bankruptcy, arbitration
or administrative proceedings.
. '16. No Broker. It is understood between the parties that this sale was handled without
the services of a real estate broker, and therefore, no brokerage commissions are due. City and
Calvary warrant each to the other that they have not dealt with any real estate broker or
salesperson with regard to the sale/purchase of this Property.
17. Notices. All notices which are required or permitted hereunder must be in writing
and shall be deemed to have been given, delivered or made, as the case may be, (notwithstanding
lack of actual receipt by the addressee) (i) when delivered by personal delivery, or (ii) three (3)
business days after having been deposited in the United States mail, certified or registered, return
receipt requested, sufficient postage affixed and prepaid, or (iii) one (1) business day after having
been deposited with an expedited, overnight courier service (such as by way of example but not
limitation, U.S. Express Mail or Federal Express), addressed to the party to whom notice is
intended to be given at the address set forth below:
As to Calvary: Mr. Larry R. Ponder
Calvary Baptist Church
331 Cleveland Street
Clearwater, FL 33755
with a copy to:
Thomas C. Nash, II, Esq.
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200 (33756)
P. O. Box 1008
Clearwater, FL 33757
As to Ci ty:
Mr. Michael Roberto
City Manager
City of Clearwater, Florida
P. O. Box 4748
Clearwater, FL 33758-4748
with a copy to:
Pam Akin, Esq.
City Attorney
City of Clearwater, Florida
P. O. Box 4748
Clearwater, FL 33758-4748
7
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this Section, but notice of change
of address is effective only upon receipt.
18. Entire Agreement. This Agreement and the exhibits referenced herein embodies
and constitutes the entire understanding among the parties with respect to the transaction
contemplated herein, and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement. Neither this
Agreement nor any provision hereof may be waived, modified, amended, discharged or
terminated except by an instrument in writing signed by the party against which the enforcement
of such waiver, modification, amendment, discharge or termination is sought, and then only to
the extent set forth in such instrument.
. 19. ~Iicable Law. This Agreement is construed in accordance with the laws of the
State of Florida.
20. Heading,s. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this Agreement.
21. Bindin~ Effect. This Agreement shall be binding upon and shall inure to. the
benefit of the panies hereto and their heirs, personal representatives and successors by law.
However, this Agreement shall not be assignable by either party.
22. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original instrument, but all such counterparts together
shall constitute one and the same instrument.
23. Interpretation. \Vhenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
Agreement and any related instruments shall not be construed more strictly against one party
than against the other by virtue of the fact that initial drafts were made and prepared by counsel
for one of the parties, it being recognized that this Agreement and any related instruments are the
product of extensive negotiations between the parties hereto and that both parties hereto have
contributed substantially and materially to the final preparation of this Agreement and all related
instrurnen ts.
24. Severability. In case anyone or more of the provisions contained in the Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
25. Time of Essence. Time is of the essence of this Agreement. Should any period of
time specified herein end on a Saturday, Sunday or legal holiday (recognized in Clearwater,
Florida), the period of time shall automatically be extended to 5:00 p.m. on the next full business
day.
8
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26. Final Date for Execution. This Agreement shall be null and void if not executed
by all parties on or before July 21,2000.
27. Authority of Parties. The City and Calvary represent to each other that each has
full power and authority to enter into and perform this Agreement, all related instruments and
the documentation contemplated hereby and thereby in accordance with their respective terms
and that the delivery and performance of this Agreement, all related instruments and the
documentation contemplated hereby and thereby has been duly authorized by all necessary
actIon.
28. No Waiver. Neither the failure of either party to exercise any power given such
party hereunder or to insist upon strict compliance by the other party with its obligations here-
under, nor any custom or practice of the parties at variance with the terms hereof shall constitute
;l waiver of either party's right to demand exact compliance with the terms hereof.
29. Execution Date. The Execution Date of this Agreement shall be the date on which
the last of City and Calvary shall sign the same.
30. Radon. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additionally, information regarding radon and radon testing may be
obtained from your county public health unit. The City agrees to allow, at the discretion and
expense of Calvary, an investigation to test for levels of radon in the property. The written
report is to be obtained within sixty (60) days from the Effective Date. If Calvary does not notify
the City, in writing, of a failed test within this time period, Calvary waives all rights under this
clause. If the test results indicated levels of radon gas unacceptable to Calvary in its reasonable
discretion, the test shall be a failed test, and Calvary shall immediately notify the City of such
condition in writing, providing to Calvary a copy of the written report received.
31. Impact Fees. All Impact Fees which may be due relating to any construction which
may ultimately take place on the Property shall be waived by the City and a document
confirming this shall be executed at Closing by the City.
32. Agency. Nothing in this Agreement shall be construed to constitute the creation
of a partnership or joint venture between City and Calvary.
33. Further Assurance. In addition to the obligations required to be performed
hereunder by the City and Calvary at Closing, both shall perform such other acts, and execute,
acknowledge and deliver subsequent to closing such other instruments, documents and other
materials as the other may reasonably request in order to effectuate the consummation of the
transactions contemplated herein and to vest title to the Property in Calvary.
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
FIRST BAPTIST CHURCH OF
CLEAR \VI A TER INCORPORATED
d~r~
By: ~ . cI6- ~ LLJU
B. Cliff Willia~s,
Chairman of Deacons
---
III
.--- -
By: CITY OF CLEARWATER,FLORIDA
Brian J. Aungst, Mayor-Commissioner
By:
~T~T~~OFFL6iID~t<lnt
COUNTY OF PINELLAS
By:
M1chael J. Roberto. City Manager
City Atty. Attest:
Cynthia E. Goudeau, City Clerk
BEFORE ME, the undersigned officer, duly authoi.'ized to take acknowledgments and
administer oaths, personally appeared B. CLIFF WILLIAMS, as Chairman of Deacons of FIRST
BAPTIST CHURCH OF CLEARWATER INCORPORATED d/b/a CALVARY BAPTIST
R 1mver-$ wa:-~
CHURCH, [ ] to me known or [.x] who produced l...hL-<;).nlp?>~~OOO as
identification, and who did! did not take an oath, known to me to be the person described in and
who executed the foregoing instrument, and severally acknowledged the execution thereof to be
his free act and deed as such officer, and he acknowledged the execution thereof to be the free act
and deed as said officer, for the uses and purposes therein expressed..
Witness my hand and official seal at Clearwater, said county and state, this /;;1- day of
July, 2000.
9c.9-M~&feI,t/?edua~
otary Publi~ -----u_
Print NameL.,:;Y}"HU4, I.e.rjh (?o~Lf
My Commission Expires: J
STATE OF FLORIDA
COUNTY OF PINELLAS
i'~"'~ Cynthia Leigh Peabody
~~ ~ W Commission CC915268
-"" ..." El<pires March 02. 2004
BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and
administer oaths, personally as of the CITY OF
CLEARWATER, to me known or who produced as identification,
and who did! did not take an oath, known to me to be the person described in and who executed
the foregoing instrument, and severally acknowledged the execution thereof to be his/her free act
and deed as such officer, and he! she acknowledged the execution thereof to be the free act and
deed as said officer, for the uses and purposes therein expressed.
Witness my hand and official seal at Clearwater, said county and state, this _ day of
July, 2000.
H;\OU3 \At)'\ TCN\DOCS\RE\calvary.COOlraCI5
Notary Public
Print Name
My Commission Expires:
10
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EXHIBIT "A"
CHESAPEAKE PARK PROPERTY
Begin at the SE corner of the NW 1/4 of the NW 1/4 Section 16, Township 29
South, Range 16 East, and run thence N 0037'0311 E, along the 40-acre line,
730.35 feet for P.G.B., thence continue N 0037'03" E. 95.0 feet, thence N.
89027'56" W, 669.05 feet; thence S 0037'03" W, 495.21 feet; thence S
89027'56" E, 469.05 feet; thence N 0037'0311 E, 400.21 feet; thence S
89027'56" E, 200.0 feet to a P.O.B., less the East 33.0 feet for road right-of-
way
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EXHIBIT "B"
HAMPTON ROAD PROPERTY
The North 466.76 feet of S. 516.77 feet of E. 466.76 feet of SE 1/4 SW 1/4 of
Section 8, Township 29 South, Range 16 East situated in Pinellas County,
Florida
RESOLUTION NO. 00-23
A RESOLUTION OF THE'CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS A REFERENDUM
QUESTION AUTHORIZING THE TRANSFER OF THAT REAL
PROPERTY KNOWN AS CHESAPEAKE PARK, TO CALVARY
BAPTIST CHURCH IN EXCHANGE FOR REAL PROPERTY OF
COMPARABLE VALUE UNDER CHARTER SECTION
2.01 (d)5(v); PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2.01 (d)5(v) states in relevaht part, "No municipally owned
real property identified as recreation/open space on the city's comprehensive land use
plan map on November 16, 1989 (or as may be amended thereafter), may be sold,
donated, leased for a new use, or otherwise transferred without prior approval at
referendum,.. ."; and
WHEREAS, City is the owner of that real property identified as recreation/open
space on the City's comprehensive land use plan, known as Chesapeake Park and
located on the west side of McMullen Booth Road, approximately 445 feet south of
Drew Street in Clearwater, Pinellas County, Florida (City Property); and
WHEREAS, Calvary Baptist Church is the owner of that real property located on
the north side of Drew Street at Hampton Road, Clearwater, Pinellas County, Florida
(Calvary Property); and
WHEREAS, It has been determined that the properties have a comparable
appraised value based on that appraisal report prepared by Frost Appraisal and Market
Consultants, Inc., dated February 7, 2000, which determined the value of the City
property as $560.000 and the Calvary property as $580,000; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that the City of Clearwater transfer that City
Property known as Chesapeake Park, with a legal description of:
Begin at the SE corner of the NW 1/4 of the NW 1/4 Section 16, Township 29 South,
Range 16 East, and run thence N 0037'03" E, along the 40-acre line, 730.35 feet for
P.O.B., thence continue N 0037'03" E. 95.0 feet, thence N 89027'56" W, 669.05 feet;
thence S 0037'03" W. 495.21 feet; thence S 89027'56" E. 469.05 feet; thence N
0037'03" E, 400.21 feet; thence S 89027'56" E, 200.0 feet to a P.O. B., less the East
33.0 feet for road right-of-way
Resolution No. 00-23
EXHIBIT "e"
to Calvary Baptist Church in exchange for that Calvary Property with a legal description
of:
The North 466.76 feet of S. 516.77 feet of E. 466.76 feet of SE 1/4 SW 1/4 of
Section 8, Township 29 South, Range 16 East situated in Pinellas County,
Florida.
Such transfer requires prior approval at referendum under Charter Section 2.01 (d)5(v).
Section 2. A referendum question is hereby called and will be held on July 11,
2000, at a. special City election for the consideration of the voters of the City of
Clearwater for the proposed question. The question to appear on the referendum ballot
shall be as follows:
TRANSFER OF MUNICIPAL REAL PROPERTY DESIGNATED RECREATION/OPEN
SPACE ON THE LAND USE PLAN MAP
Shall the City Commission be authorized to transfer municipal real property
identified as recreation/open space on the land use plan map known as
Chesapeake Park and located on the west side of McMullen Booth Road
approximately 445 feet south of Drew Street to Calvary Baptist Church, in
exchange for real property of comparable appraised value located on the north
side of Drew Street at Hampton Road, in the City of Clearwater, Florida?
YES
NO
For
Against
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum question provided above shall be considered at a
special election of the Clearwater voters held July 11, 2000.
Section 4. The City Clerk is directed to give notice of the election in the
manner prescribed by Section 100.342, Florida Statutes.
Section 5. This resolution shall take effect immediately upon adoption.
2
Resolution No. 00-23
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PASSED AND ADOPTED this 18th day of May
12000.
/5/ Brian J. Aungst
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
C-?:- ~
John Carassas
Assistant City Attorney
...
/5/ Cynthia E. Goudeau
Cynthia E. Goudeau
City Clerk
I
I
3
Resolution No. 00-23
". .', , ',," ...... .". " ' , .
WIT N E SSE T H:
REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT
(Purchase of Hampton Road Property by City of Clearwater. Agreement #2)
THIS REAL.EST ATE PURCHASE AND EXCHANGE AGREEMENT made and
entered into this _ day of July, 2000, by and between FIRST BAPTIST CHURCH OF
CLEARWATER INCORPORATED dba CALVARY BAPTIST CHURCH ("Calvary") and
THE CITY OF CLEARWATER, FLORIDA ("City") (together Calvary and City shall be
referred to as the "Parties");
~VHEREAS, the City owns certain real property known as Chesapeake Park located on
the west side of McMullen Booth Road approximately 45 feet south of Drew Street (hereinafter
referred to as the "Chesapeake Park Property") and more specifically described in Exhibit "A"
attached hereto; and
WHEREAS, Calvary owns certain real property comprising approximately 5 acres at the
intersection of Drew Street and Hampton Road (hereinafter referred to as "Hampton Road
Property") and more specifically described in Exhibit "B" attached hereto; and
WHEREAS, the City and Calvary have reached an agreement wherein the City will sell
and transfer the Chesapeake Park Property to Calvary (the Agreement as to this transaction shall
be referred to as Agreement #1) in exchange for the sale and transfer of the Hampton Road
Property by Calvary to the City (the Agreement as to this transaction shall be referred to as
Agreement #2); and
WHEREAS, by Resolution of May 18,2000, the City has approved the concept of the
land exchange contemplated herein subject to a formal referendum authorizing such exchange [a
copy of which is attached hereto as Exhibit "C"]; and
WHEREAS, the City and Calvary desire to memorialize their agreement as further set
forth herein;
NOW THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by both parties, Calvary and City do hereby agree
as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. Earnest Money: Deposit. None
3. Consideration. Calvary shall sell and the City dull purchase the Hampton Road
Property for consideration equal to $580,000.00. The consideration shall be in the form of a
conveyance of the Chesapeake Park Property from the City to Calvary.
4. Conveyance by Calvary. At a closing to occur simultaneous with the conveyance
of the Chesapeake Park Property by City to Calvary, Calvary shall convey to the City by good
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and sufficient warranty deed containing full covenants of warranty a fee simple, marketable title
to the Hampton Road Property.
5. Title Insurance. Calvary shall order and provide at its expense a commitment for
title insurance in the amount of the saJe consideration ($580,000.00), which commitment shall
show a marketable, unencumbered, fee simple title in the name of Calvary as to the Hampton
Road Property. The City shall have fifteen (15) days after the delivery of said commitment for
the examination thereof, and within said period shall notify Calvary in writing of any objections
to said title. If this notification is not given within said period of time, then said title shall be
conclusively deemed to be acceptable to the City. In the event that the title to the Hampton
Road Property is not good and marketable, Calvary shall have thirty (30) days thereaftcr to
perfect the title; and if the defects are not cured within such time, then the City may cancel this
Agreement, or waive the defects and accept the propcrty without deduction on account of said
defects. A final title insurance policy will be issued to the City as soon after closing as possible.
Calvary shall select a title insurance company and closing agent which is reasonably acceptable
to the City.
6. Permitted Exceptions. The Hampton Road Property shall be conveyed to the City
subject to no liens, charges, encumbrances, easements, restrictions, exceptions or reservations of
any kind or character other than the following exceptions (the "Permitted Exceptions"):
a. Zoning ordinances.
b. Any easements, restrictions or other matters which appear in the
commitment and/or survey (excluding standard exceptions) which arc not objectionablc
exceptions.
2
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b. the premium and all search fees payable for the owner's policy of title insur-
ance.
c. recording fees in connection with those instruments necessary to render title
acceptable to purchasing party;
d. its costs of document preparation and its attorneys' fees; and
e. any costs of operating the Property which have been accrued on or prior
to the closing date.
The City shall pay the following costs and expenses in connection with the
closing:
a. recording fees in connection with the general warranty deed; and
b. its costs of document preparation and its attorneys' fees.
11. Risk of Loss. The risk of loss or damage to the premises by fire or otherwise, until
delivery of deed, is assumed by the party in ownership. The owning party further agrees to
maintain the property and to deliver said property to the City in the same condition as it is when
this contract was executed, ordinary wear and tear excepted.
12. Contin~encies. This agreement and the closing contemplated hereunder IS
expressly contingent upon the satisfaction of the following contingencies:
a. The passage of a citywide referendum within the City of Clearwater which
referendum authorizes the transaction as contemplated in the Resolution; and
b. The conveyance by the City of the Chesapeake Park Property to Calvary.
13. Affirmative Covenants. Warranties and Representations of Calvary.
a. Operating the Property. Between the date hereof and the closing, Calvary
shall maintain the Property in substantially the same manner as prior to the date hereof.
b. Rights of Acquisition. No other person, firm, corporation or other entity
has any right or option to acquire the Property or any portion thereof or any interest therein.
c. Zoning. The present zoning and land use classification of the Property
according to the current and applicable zoning ordinances is park/open space.
d. Title to Property. Calvary owns fee simple title to the land, the
improvements and the appurtenances, which at the time of closing will be free and clear of all
restrictions, liens, encumbrances, easements, exceptions, Uniform Commercial Code financing
statements and security interests of every kind and character, except for the Permitted Exceptions.
e. No Assessments. No assessments have been made against the Property that
are unpaid (except ad valorem taxes for the current year), whether or not they have become liens,
and if, at the time of closing, the Property or any part thereof shall be or shall have been affected
by an assessment or assessments and that are or may become payable in installments, of which the
first installment is then a charge or lien, or has been paid, then for the purposes of this Agreement
all of the unpaid installments of any such assessments, including those that are to become due and
payable after closing, shall be deemed to be due and payable and to be liens against the Property
3
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affected thereby and shall be paid and discharged by Calvary at closing. No goods or services
have been contracted for or furnished to the Property which might give rise to any mechanic's
liens or other liens affecting all or any part of the Property.
f. Utilities. The subject property is unimproved and Calvary makes no
representations as to the existence of utilities.
g. Asbestos, Hazardom Wastes and Materia/s. To the best of Calvary's
knowledge, there are no oil, toxic or hazardous wastes or materials, asbestos or other
environmentally regulated substances (as such terms may be defined under any federal, state or
local laws or regulations) ("Hazardous Waste") located on, in or about any portion of the
Property, nor has any such Hazardous Waste been treated, stored or disposed of on, in or about
any ponion of the Property or used in connection therewith, and Calvary agrees that it will
indemnify and hold the City harmless {rom any and all expense, damage, loss or liability incurred
by the City arising from the application of any common law or any federal, state or local statute,
regulation, ordinance or other regulatory requirement, including, without limitation, any so-
called "superfund" or "superlien" legislation, relating to the presence of Hazardous Waste on, in
or about the Property, including, without limitation, costs and reasonable attorneys' fees arising
before trial, during trial, after trial, on appeal or in any bankruptcy, arbitration or administrative
proceedings.
h. Historic Registry. To the best of Calvary's knowledge, the Property is not
on any national, state, county or municipal historic registry or similar classification.
1. Landfill. To the best of Calvary's knowledge, the Property has never been
used as a landfill or as a garbage dump.
J. Cemeteries. To the best of Calvary's knowledge, no cemetery or grave site,
whether marked or unmarked and whether abandoned or not, is located on a portion of the
Property nor has any of the Property been dedicated as a cemetery under the Florida Cemetery
Act.
k. Miscellaneom.
1. To the best of Calvary's knowledge, there are no legal actions, suits
or other legal or administrative proceedings, including condemnation or similar cases or
proceedings, pending or threatened, against the Property, or against Calvary, and affecting the
Property or against any third party known to the Calvary affecting the Property, Calvary is not
aware of any facts which might result in any such action, suit or other proceedings.
11 To the best of Calvary's knowledge, there are no sinkholes on the
Property or sinkhole activity therein.
1. Ingress/Egress. Calvary warrants that there IS ingress/egress to the
Property.
14. Survival of Representations and \Varranties. The representations and warranties
of Calvary as set forth herein shall be true and correct as of the date of closing and shall survive
4
the closing of this transaction. Calvary shall defend, indemnify and hold the City harmless from
and against and will reimburse the City with respect to any and all losses, claims, demands, causes
of action, damages,liabilities, fines, penalties, costs and expenses (including reasonable attorneys'
fees and disbursements and court costs whether such fees, disbursements or costs arise before trial,
during trial, after trial, on appeal, or in any bankruptcy, arbitration or administrative proceeding)
at any time and from time to time after the closing asserted against or incurred by the City by
reason of or arising out of a misrepresentation or breach of warranty of Calvary contained in this
Agreement.
15. Provision with Respect to Failure of Title and Default.
a. Default by Calvary. In the event Calvary fails to comply with any of its
obligations or conditions hereunder, the City shall notice Calvary in writing and allow Calvary
to cure 'within a reasonable period of time not to exceed thirty (.30) days and thereafter the City
shall have the right to cancel this Agreement and it may pursue any and all rights and remedies
available to it under Florida law including, but not limited to, the right to seek damages and to
seek the specific performance of this Agreement.
b. Remedies Cumulative. All rights, powers and privileges conferred upon the
City shall be cumulative and in addition to those other rights, powers and remedies hereunder
and those available by law or in equity. All such rights, powers and remedies may be exercised
separately or at once, and no exercise of any right, power or remedy shall be construed to be an
election of remedies or shall preclude the future exercise of any or all other rights, powers and
remedies granted hereunder or available at law or in equity.
c. Default by the City. In the event the City should fail to consummate the
transaction contemplated herein for any reason except for (i) any permissible reasons set forth
herein, or (ii) Calvary's default, Calvary may pursue all legal remedies available to it under
Florida law including, but not limited to, the right to seek damages and to seek the specific
performance of this Agreement.
d. .It ttorneys' Fees and Costs. In the event of any litigation between the parties
arising out of this Agreement or the collection of any funds due Calvary or the City pursuant to
this Agreement, the prevailing party shall be entitled to recover all costs incurred, including
without limitation, reasonable attorneys' and paralegals' fees and costs, whether such fees and
costs are incurred before trial, during trial, after trial, on appeal or in any bankruptcy, arbitration
or administrative proceedings.
16. No Broker. It is understood between the parties that this sale was handled without
the services of a real estate broker, .md therefore, no brokerage commissions are due. City and
Calvary warrant each to the other that they have not dealt with any real estate broker or
salesperson with regard to the sale/purchase of this Property.
17. Notices. All notices which are required or permitted hereunder must be in writing
and shall be deemed to have been given, delivered or made, as the case may be, (notwithstanding
5
with a copy to:
Thomas C. Nash, II, Esq.
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200 (33756)
P. O. Box 1008
Clearwater, FL 33757
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lack of actual receipt by the addressee) (i) when delivered by personal delivery, or (ii) three (3)
business days after having been deposited in the United States mail, certified or registered, return
receipt requested, sufficient postage affixed and prepaid, or (iii) one (1) business day after having
been deposited with an expedited, overnight courier service (such as by way of example but not
limitation, U.S. Express Mail or Federal Express), addressed to the party to whom notice is
intended to be given at the address set forth below:
As to Calvary: Mr. Larry R. Ponder
Calvary Baptist Church
331 Cleveland Street
Clearwater, FL 33755
As to City:
Mr. Michael Roberto
City Manager
City of Clearwater, Florida
P. O. Box 4748
Clearwater, FL 33758-4748
with a copy to:
Pam Akin, Esq.
City Attorney
City of Clearwater, Florida
P. O. Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this Section, but notice of change
of ~ddress is effective only upon receipt.
18. Entire Agreement. This Agreement and the exhibits referenced herein embodies
and constitutes the entire understanding among the parties with respect to the transaction
contemplated herein, and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement. Neither this
Agreement nor any provision hereof may be waived, modified, amended, discharged or
terminated except by an instrument in writing signed by the party against which the enforcement
of such waiver, modification, amendment, discharge or termination is sought, and then only to
the extent set forth in such instrument.
19. Applicable Law. This Agreement is construed in accordance with the laws ofthe
State of Florida.
20. Headings. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this Agreement.
6
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21. Bindin~ Effect. This Agreement shall be binding upon and shall inure to. the
benefit of the parties hereto and their heirs, personal representatives and successors by law.
However, this Agreement shall not be assignable by either party.
22. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original instrument, but all such counterparts together
shall constitute one and the same instrument.
23. Interpretation. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
Agreement and any related instruments shall not be construed more strictly against one party
than against the other by virtue of the fact that initial drafts were made and prepared by counsel
for one of the parties, it being recognized that this Agreement and any related instruments are the
product of extensive negotiations between the parties hereto and that both parties hereto have
contributed substantially and materially to the final preparation of this Agreement and all related
instruments.
24. Severability. In case anyone or more of the provisions contained in the Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
25. Time of Essence. Time is of the essence of this Agreement. Should any period of
time specified herein end on a Saturday, Sunday or legal holiday (recognized in Clearwater,
Florida), the period of time shall automatically be extended to 5:00 p.m. on the next full business
day.
26. Final Date for Execution. This Agreement shall be null and void if not executed
by all parties on or before July 21, 2000.
27. Authority of Parties. The City and Calvary represent to each other that each has
full power and authority to enter into and perform this Agreement, all related instruments and
the documentation contemplated hereby and thereby in accordance with their respective terms
and that the delivery and performance of this Agreement, all related instruments and the
documentation contemplated hereby and thereby has been duly authorized by all necessary
action.
28. No Waiver. Neither the failure of either party to exercise any power given such
party hereunder or to insist upon strict compliance by the other party with its obligations here-
under, nor any custom or practice of the parties at variance with the terms hereof shall constitute
a waiver of either party's right to demand exact compliance with the terms hereof.
29. Execution Date. The Execution Date of this Agreement sh.\ll be the date on which
the last of City and Calvary shall sign the same.
7
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30. Radon. Radon is a naturally occurnng radioactive gas that, when it has
accumulated in a building in sufficient quantities, ma.y present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additionally, information regarding radon and radon testing may be
obtained from your county public health unit. Calvary agrees to allow, at the discretion and
expense of the City, an investigation to test for levels of radon in the property. The written
report is to be obtained within sixty (60) days from the Effective Date. If the City does not notify
Calvary, in writing, of a failed test within this time period, the City waives all rights under this
clause. If the test results indicated levels of radon gas unacceptable to the City in its reasonable
discretion, the test shall be a failed test, and the City shall immediately notify Calvary of such
condition in writing, providing to the City a copy of the written report received.
31. A~encr:. Nothing in this Agreement shall he construed to constitute the creation
of a pannership or joint venture between City and Calvary.
32. Further Assurance. In addition to the obligations required to be performed
hereunder by the City and Calvary at Closing, both shall perform such other acts, and execute,
acknowledge and deliver subsequent to closing such other instruments, documents and other
materials as the other may reasonably request in order to effectuate the consummation of the
transactions contemplated herein and to vest tide to the Property in the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
FIRST BAPTIST CHURCH OF
CLEARWATER INCORPORATED
By:~. (Q~
B. Cliff Williams,
...........
..!.It
By'
Brian J. Aungst
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Approved as to form:
Attes t:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
8
Notary Public
Print Name
My Commission Expires:
ST ATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and
administer oaths, personally appeared B. CLIFF WILLIAMS, as Chairman of Deacons of FIRST
BAPTIST CHURCH OF CLEARWATER INCORPORATED d/b/a CALVARY BAPTIST
CHURCH, to me known or who produced ~ as identification, and
who did/did not take an oath, known to me to be the person described in and who executed the
foregoing instrument, and acknowledged the execution thereof to be his free act and deed as such
officer, and he acknowledged the execution thereof to be the free act and deed as said officer, for
the uses and purposes therein expressed.
Witness my hand and official seal at Clearwater, said county and state, this __ day of
July, 2000.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and
administer oaths, personally appeared as the
of the CITY OF CLEARWATER, to me known or who produced
as identification, and who did/did not take an oath, known to me to be
the person described in and who executed the foregoing instrument, and acknowledged the
execution thereof to be his/her free act and deed as such officer, and he/she acknowledged the
execution thereof to be the free act and deed as said officer, for the uses and purposes therein
expressed.
Witness my hand and official seal at Clearwater, said county and state, this _ day of
July ,2000.
Notary Public
Print Name
My Commission Expires:
H,\Dat4\Aty\TCN\OOCS\R&\CITY.O/l
9
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EXHIBIT "A"
CHESAPEAKE PARK PROPERTY
Begin at the SE corner of the NW 1/4 of the NW 1/4 Section 16, Township 29
South, Range 16 East, and run thence N 0037'03" E, along the 40-acre line,
730.35 feet for P.O.B., thence continue N 0037'03" E. 95.0 feet, thence N
89027'56" W, 669.05 feet; thence S 0037'03" W, 495.21 feet; thence S
89027'56" E, 469.05 feet; thence N 0037'03" E, 400.21 feet; thence S
89027'56" E, 200.0 feet to a P.D.B., less the East 33.0 feet for road right-of-
way
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EXHIBIT "8"
HAMPTON ROAD PROPERTY
The North 466.76 feet of S. 516.77 feet of E. 466.76 feet of SE 1/4 SW 1/4 of
Section 8, Township 29 South, Range 16 East situated in Pinellas County,
Florida
. .
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RESOLUTION NO. 00-23
A RESOLUTION OF THE' CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS A REFERENDUM
QUESTION AUTHORIZING THE TRANSFER OF THAT REAL
PROPERTY KNOWN AS CHESAPEAKE PARK, TO CALVARY
BAPTIST CHURCH IN EXCHANGE FOR REAL PROPERTY OF
COMPARABLE VALUE UNDER CHARTER SECTION
2.01 (d)5(v); PROVIDING FOR A REFERENDUM ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2.01 (d)5(v) states in relevant part, "No municipally owned
real property identified as recreation/open space on the city's comprehensive land use
plan map on November 16, 1989 (or as may be amended thereafter), may be sold,
donated, leased for a new use, or otherwise transferred without prior approval at
referendum,... "; and
WHEREAS, City is the owner of that real property identified as recreation/open
space on the City's comprehensive land use plan, known as Chesapeake Park and
located on the west side of McMullen Booth Road I approximately 445 feet south of
Drew Street in Clearwater, Pinellas County, Florida (City Property); and
WHEREAS, Calvary Baptist Church is the owner of that real property located on
the north side of Drew Street at Hampton Road, Clearwater, Pinellas County, Florida
(Calvary Property); and
WHEREAS, It has been determined that the properties have a comparable
appraised value based on that appraisal report prepared by Frost Appraisal and Market
Consultants, Inc., dated February 7, 2000, which determined the value of the City
property as $560,000 and the Calvary property as $580,000; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that the City of Clearwater transfer that City
Property known as Chesapeake Park, with a legal description of:
Begin at the SE corner of the NW 1/4 of the NW 1/4 Section 16, Township 29 South,
Range 16 East, and run thence N 0037'03" E, along the 40-acre line, 730.35 feet for
P.O.B., thence continue N 0037'03" E. 95.0 feet, thence N 89027'56" W, 669.05 feet;
thence S 0037'03" W, 495.21 feet; thence S 89027'56" E, 469.05 feet; thence N
0037'03" E, 400.21 feet; thence S 89027'56" E, 200.0 feet to a P.O.B., less the East
33.0 feet for road right-of-way
Resolution No. 00-23
EXHIBIT "e"
The North 466.76 feet of S. 516.77 feet of E. 466.76 feet of SE 1/4 SW 1/4 of
Section 8, Township 29 South, Range 16 East situated in Pinellas County,
Florida.
to Calvary Baptist Church in exchange for that Calvary Property with a legal description
of:
Such transfer requires prior approval at referendum under Charter Section 2.01(d)5(v).
Section 2. A referendum question is hereby called and will be held on July 11,
2000, at a special City election for the consideration of the voters of the City of
Clearwater for the proposed question. The question to appear on the referendum ballot
shall be as follows:
TRANSFER OF MUNICIPAL REAL PROPERTY DESIGNATED RECREATION/OPEN
SPACE ON THE LAND USE PLAN MAP
Shall the City Commission be authorized to transfer municipal real property
identified as recreation/open space on the land use plan map known as
Chesapeake Park and located on the west side of McMullen Booth Road
approximately 445 feet south of Drew Street to Calvary Baptist Church, in
exchange for real property of comparable appraised value located on the north
side of Drew Street at Hampton Road, in the City of Clearwater, Florida?
YES
NO
For
Against
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum question provided above shall be considered at a
special election of the Clearwater voters held July 11, 2000.
Section 4. The City Clerk is directed to give notice of the election in the
manner prescribed by Section 100.342, Florida Statutes.
Section 5. This resolution shall take effect immediately upon adoption.
2
Resolution No. 00-23
,
,
;":f'.L j'\'".rt\\
PASSED AND ADOPTED this 18th day of May
,2000.
/s/ Brian J. Aungst
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
C-?-~
John Carassas
Assistant City Attorney
~
/s/ Cynthia E. Goudeau
Cynthia E. Goudeau
City Clerk
3
Resolution No. 00-23
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Item #27
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Meeting Date:
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Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
SUBJECT/RECOMMEN DA liON:
Approve termination of the existing lease between the City and Clearwater Beach Seafood, Inc., d/b/a
Krazy Bill's for the City-owned real property at 37 Causeway Boulevard, and approve Lease Agreement
between the City and Clearwater Beach Seafood, Inc., d/b/a Crabby Bill's Clearwater Beach Restaurant,
terminating on April 30, 2009,
X and that the appropriate officials be authorized to execute same.
SUMMARY:
The City currently has a lease Agreement with Clearwater Beach Seafood, Inc. d/b/a Krazy Bill's, for the operation
of a full service restaurant at the facility currently situated at 37 Causeway Boulevard.
Clearwater Beach Seafood, Inc. has agreed to have all of its issued and outstanding stock purchased by Matthew
and John Loder, who will rename the corporation as Clearwater Beach Seafood, Inc. d/b/a Crabby Bill's Clearwater
Beach Restaurant.
Due to the change in ownership of Clearwater Beach Seafood, Inc., the principals would like to terminate the
current lease with the City and execute a new lease for the operation of a full service restaurant, to be known as
Crabby Bill's Clearwater Beach Restaurant.
This parcel of property was declared surplus by the City on October 20, 1994. The legal description of this
property is described in Exhibit" A" of the Lease Agreement.
The proposed lease will commence upon Commission approval and terminate April 30, 2009. The lessee has
agreed to make all necessary structural improvements to the premises at a cost not to exceed $100,000.00, and
within one year of the execution of the agreement. The City will reimburse Lessee for such authorized
improvements on a pro-rata basis if the lease is terminated by the City during the first 4 years of the lease. Any
additional improvements beyond the agreed-upon cost must receive prior approval by the City.
With approval of this Lease Agreement, the minimum guaranteed sum will be $ 7 35 .000 over the term of the lease.
Rent paid by lessee to the City will be $7,000 per month during the first year of the lease, and $7,000 plus CPI per
month during the remainder years of the lease. The Lessee pays all taxes, utilities, insurance, refuse collection, and
maintenance for the interior and exterior of the building.
A copy of the proposed lease is available for review at the City Clerk's office.
Reviewed by: Originating Dept:
legal Info Tech NA Economic Development
Budget Public Works ~ User Dept.
Purchasi ng DCM/ ACM Marine
Risk Mgmt Other NA Attachments
Costs N/A
Total
Funding Source:
C.lpli,.1 hn[llovel1lelll
Current Fiscal Year
Oper,llillll
Submitted by:
City Mana er
V Printed on recycled paper
Olher
Appropriation Code:
x None
Rev. 2/98
(8
M~ 1-
Clearwater City Commission
Agenda Cover
Memorandum
Final Agenda Item #
Meeting Date:
d~
7. d.O . 00
SU B JECT IRECOMMEN DA liON:
Adopt Resolution 00-28, authorizing the execution of a Joint Participation Agreement UPA) between the
City of Clearwater and the State of Florida Department of Transportation to perform a Declared Distance
Analysis for Clearwater Ai rpark.
I:&l and that the appropriate officials be authorized to execute same.
SUMMARY:
The Florida Department of Transportation (FDOn has agreed to provide 80% reimbursable funding to
cover the cost of a Declared Distance Analysis by PBS&J for the finalization of the Master Plan. This
. project is estimated to cost $25,931. The city must pay for the project up front and then be reimbursed
by FDOT up to a limit of 80% or approximately $20,744.
The Declared Distance Analysis will help the Airpark meet policy goals which include safety of aircraft
operating from the Airpark, noise abatement for the residential neighborhoods, achieve a greater degree
of regulatory compliance and help market the Airpark and its' services.
Approval of the resolution sets up the mechanism for 80% reimbursement of the project cost in state
funds. The total cost to the city will be $5,187 or 20% of the project. This project is in keeping with the
Airpark Master Plan, has the support of the Airport Authority Advisory Board and will finalize the Master
Plan for submission to the Commission.
Funding for this project is included in capital project 315-94713, Airpark Improvements.
Reviewed by:
Legal ~
Budget
Purchasing Nt A
. Risk Mgmt
I
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I Subm itted b :
! City Manage
-OPrinted on recycled paper
Info Srvc
N/A
NtA
Originating Dept:
Marine W~
User Dept. ........._ "
Marine ~~
Attachments
1 . Resol uti on
2. JPA
Costs $25,931
Total N/A
Public Works
DCMtACM
Other
Current FY
Funding Source:
CI
or
Other
o None
A ro rialion Code: 315-94713
Clw Airpark Distance Analysis
RESOLUTION NO. 00-28
~~
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
TO COVER THE COST OF CONDUCTING A DECLARED
DISTANCE ANALYSIS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FOOT) has agreed to
provide funding toward the cost of conducting a Declared Distance Analysis for the
Clearwater Airpark Master Plan under Joint Participation Agreement FM No.
4029918401, a copy of which is attached hereto as Exhibit "An: now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA;
Section 1. The City Commission hereby accepts and approves the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation, FM No. 4029918401 to conduct a Declared Distance Analysis for the
finalization of the Clearwater Airpark Master Plan.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
2000.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
John C. Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
"
GS ~
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
Meeti ng Date:
~/
7. d.O .06
SUB JEeT /RECOMMEN DATION:
Adopt Resolution 00-29 demonstrating commitment by the City of Clearwater to build a new
community sports complex in anticipation of funding from the State of Florida, Pinellas County and City
of Clearwater,
-D and that the appropriate officials be authorized to execute same.
SUMMARY:
. During the 2000 Session, the Florida Legislature approved legislation that enables units of local
government which host spring training, to apply for state funding to assist in the construction or renovation
of spring training facilities in an effort to retain spring training in the State of Florida.
. Jack Russell Memorial Stadium is nearly half a century old and is inadequate for the needs of
modern baseball and the community.
. The state of the Jack Russell Stadium raises safety concerns and will necessitate expensive repairs in
the near future.
. Jack Russell Stadium lacks modern fan amenities.
. Because of the age and state of the facility, the city cannot maximize the Phillies presence in
Clearwater in terms of economic returns.
. Spring training baseball alone brings more than $490 million to our state.
. $5 million is spent annually by the Phil lies Florida operations, in addition to the $18 to $24 million
estimated to be spent by tourists who specifically visit the area for spring training.
. The City of Clearwater intends to apply for the maximum state funds available in the amount of $500,000
per year for thirty years.
. Additionally, the City is requesting that Pinellas County approve matching funds in the amount of seven
million dollars in tourist development dollars to help support the cost of construction.
. In anticipation of receiving the state funding and in conjunction with matching funding from the county,
the city wishes to demonstrate it's commitment to coordinate the final funding necessary to build a new
community sports complex.
Reviewed by: Originating Dept.:
Legal Info Srvc NA General Support Services
c?-- Alicia Farrell
Budget NA Public Works NA User Dept.:
Pu rchasing NA DCM/ACM
Risk Mgm t NA Other Attachments
Costs
Total NA
Submitted by:
City Manager
o Printed on recycled paper
Funding Source:
Current FY CI
OP
Other
o None
A ro riation Code:
RESOLUTION NO. 00-29
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DEMONSTRATING THE COMMITMENT BY THE CITY OF
CLEARWATER TO MEET THE REQUIREMENTS, OF
ELIGIBILITY FOR SUCH STATE REVENUES AS PROVIDED
IN FLORIDA STATUTE, CHAPTER 212,
;29
WHEREAS, the State of Florida, Office of Tourism, Trade, and Economic
Development has issued a call for applications that will provide for the use of funds
distributed pursuant to s. 212.20, F.S.; for the construction or renovation of a facility for a
retained spring training franchise, and
WHEREAS, the City of Clearwater wishes to build a new community sports
complex; and
WHEREAS, the City of Clearwater wishes to recognize the strong community
partnership, economic benefits throughout the city and county, and civic contribution
produced by the Philadelphia Phi!lies in conjunction with spring training activities; now,
therefore,
BE IT RESOLVED BY CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater, in anticipation of State funding in the amount
of seven million dollars, and matching County funding support, will coordinate the final
funding necessary in order to construct a new community sports complex.
Section 2. The City of Clearwater will build a new community sports complex
contingent upon commitment of adequate funding.
Section 3.The City of Clearwater hereby requests that the Pinellas County
Commission approve seven million in tourist development funds as county matching funds.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 2000.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
''o'.r.''~ ..I....' ',~ /," '.:.:' /' ,: \~,.,.../. ..,.....~..; :'"'_' '~. .1.,".' ',' " ... : ~ _ ~~ . . ,'. .;~'~"I.,.\, '{I"~,"",:,~~,,
C;SJ
Clearwater City
Com mission
Agend a Cover
Mem orandUlTI
'Abrksession Item #:
Meeting Date:
30
'(. ~O .Ot,
Final Agenda Item #
SUBJECTI RECOMMENDATION:
Accept a quit claim deed from the St. Petersburg Junior College transferring ownership of
real property known as the SPJC Joe DiMaggio Sports Complex, located at 2465 Drew Street,
to the City of Clearwater, and approve a lease agreement with St. Petersburg Junior College
for the field house and tennis courts at the same location for $1.00 per year,
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The St. Petersburg Junior College (SPJC) owns approximately 38 acres of real property on the Northwest
corner of Old Coachman Road and Drew Street and desires to transfer ownership of the property to the
City of Clearwater. The property has an assessed value of $3,675,500.
.
Prior to ownership by SPJC, the property operated as a landfill during the 1950's and 1960's. Before
transfer of ownership to the city, environmental due di ligence testing will be performed on the site.
. The cost of the environmental testing is $87,997 and was previously approved by the commission.
.
In conjunction with the environmental testing, the city and SPJC will enter into an agreement wherein if the
city determines that the estimated incremental cost exceeds $500,000, then the city may terminate its
agreement to take ownership of the property. The estimated incremental costs are the costs to manage the
contaminated media disclosed by the environmental testing.
.
funding of the estimated incremental costs, if necessary, will be provided by a\ third quarter transfer of
unappropriated retained earnings in the amount of $500,000 from the General Fund.
. The lease agreement is for the city to operate the "field house" as an approxi mate 40,000 square foot
community recreation center for a four year term commenci ng October 1,2000 unti I September 30, 2004.
.
Included in the 2000/01 proposed city budget is $140,720 for the operation of the new community center,
which is supported by new revenues and $163,330 from a reallocation of additional depariment resources.
Reviewed by:
Legal
Budget ~
Purchasing A
Info Srvc NA
Originating Dept.:
General Support
Alicia Farrell
User Dept.:
General Support Services
Costs
Total
Public 'Abrks NA
DCM/ACM
Current
FY
Funding Source:
CI
Risk Mgmt NA
Other
Attachments
OP
Other
Submitted by:
City Manager
Printed on rec cled paper
o None
Appropri ati on Code:
.. .' . " ,..."", \ ' :.. ,.. _ \\ ,'. ';, '..' /" .... I "- '. ','. ", i " "T ,~. " . ....
e
~vJ5
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
MeetinQ Date:
31
r-;. dO ~oO
Final AQenda Item #
SUBJECT/RECOM M ENDA TION:
Adopt Resolution 00-06, authorizing execution of a Roadway Transfer Agreement, and approve
the final Roadway Transfer Agreement with the Florida Department of Transportation to
transfer the portion of SR 60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 miles west of
Pierce Boulevard to Highland Avenue from the State Highway System to the Clearw ater Road
System, and for the transfer of Pierce Boulevard/Chestnut/Court Streets from 280' south of
Cleveland Street to SR 651/Missouri Avenue, and Court Street one-way westbound from
Chestnut/Court Streets to Court/Pierce Boulevard from the Clearwater Road System to the State
Highway System,
I!J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City of Clearw ater (CITY) has requested that the Florida Department of Transportation
(FOOT) execute an Agreement transferring the portion of SR 60/Cleveland Street/Gulf-to-Bay
Boulevard from 0.476 miles west of Pierce Boulevard to Highland Avenue from the State
Highway System to the Clearwater Road System. The City also requests that Pierce
Boulevard/Chestnut/Court Streets from 280' south of Cleveland Street to SR 651/Missouri Avenue,
and Court Street one-way westbound from Chestnut/Court Streets to Court/Pierce Boulevard be
transferred from the Clearwater Road System to the State Highway System.
· The Road Transfer Agreement sets forth the terms and conditions under which the CITY and
DEPARTMENT will abide, commencing upon written notification of final construction acceptance
of the new Memorial Causeway Bridge and approval by the Secretary of the Florida Department
of Transportation.
· The CITY accepts all responsibility for operation and maintenance of that portion being
transferred to the CITY, and the FOOT accepts all responsibility for operation and maintenance of
that portion being transferred to FOOT. In addition to the roadbeds, the Road Transfer
Agreement also includes all curbs, culverts and drainage structures within the right-of-way at the
time of the transfer.
· A copy of the Transfer Agreement is available for review in the City Clerk's office.
Reviewed by:
Legal ~ Info Srvc N/A
Budget N/A Public .~
Works
Purchasing N/A DCM/ACM
Risk Mgmt _N/A at her
Originating Dept:
Public Works A1~i tration
User Dept. 7
Public work~~Slralion
Costs
Total N/A
Funding Source:
Attachments:
Current FY CI
OP
Other
Submitted by:
Ckty Manager
Printed on recycled paper
None
. N/A
Rev. 2/98
3)
RESOLUTION NO. 00-06
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING A ROADWAY
TRANSFER AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has requested the transfer of SR 60/Cleveland StreetlGulf-to-Bay
Boulevard from 0.476 miles west of Pierce Boulevard to Highland Avenue, from the State Highway System to the Clearwater
Road System, and the transfer of Pierce Boulevard/Chestnut/Court Streets from 280' south of Cleveland Street to SR
651tMissouriAvenue and Court Street one-way westbound from Chestnut/Court Streets to Court/Pierce Boulevard from the
Clearwater Road System to the State Highway System, and
WHEREAS, the transfer is mutually agreed upon, between the City of Clearwater and the Florida
DepartnnentofTransportation, and
WHEREAS, the City Commission hereby authorizes the City Manager and Mayor-Commissionerto sign the
transfer agreement described in the resolution, and
WHEREAS, said transfer is in the best interest of the City of ClealWater because it aids in the
redevelopment of the downtown area.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. A certified copy of this resolution shall be forwarded forthwith to the State of Florida Department
of Transportation in Tallahassee, Florida.
Section 2.:.. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2000.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
l;&rm:
~
o n Carassas-
Assistant City Attorney
Attest:
,
Cynthia E. Goudeau
City Clerk
.
rW0
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
3~
ry. d.O .00
Final Agenda Item #
SUBJECT IRECOMMEN DA liON:
Adopt Resolution 00-26 authorizing the City to enter into an agreement with CSX Transportation, Inc., for
installation of a 16" water main in the C5X right-of-way; and approve Pipeline Crossing Agreement No.
C5X-038255,
I!J and that the appropriate officials be authorized to execute same.
SUMMARY:
· An Interlocal Agreement was approved by the Commission in November 1999 between the City and Pinellas County
for the construction of Keene Road from Druid Rd. to Sunset Point Road. The agreement stated that Pinellas County
would reimburse the City for relocation of the City's utilities that were impacted by the County's widening project.
· The relocation requires that a 16" water main be moved to a new location under CSX's right-of-way.
· The 16" water main crossing is located where the CSX Railroad intersects Keene Road, approximately 0.42 miles
south of Sunset Point Road.
· CSX requires an Agreement to cover the costs of licensing and to provide the terms and conditions associated with
placing a pipeline underneath their railway system.
· The cost to the City will be $300.00 for a one-time license fee and $250.00 for a Construction Risk Fee for a total
cost of $550.00.
. A copy of the Agreement is available for review in the City Clerk's office.
DCMlACM
Oriwating Dept:
'fiWAI (Lisa Murrin)
User Dept
PWA~(,
Costs
Total $550.00
Reviewed by:
Legal ~
Budget .:6::d
Purchasing . ~
Risk Mgmt
Info Srvc Nt A
Public Works .#
Current FY $550.00
Funding Source:
CI X
OP
Other
Other
Attachments
Resolution # 00-26
o None
A ro riation Code: 315-96742-561300-533-000
Rev. 2/98
3~
RESOLUTION NO. 00-26
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF A PIPELINE CROSSING
AGREEMENT BE1WEEN THE CITY OF CLEARWATER AND CSX
TRANSPORTATION, INC., FOR THE INSTALLATION OF A 16"
WATER MAIN V'IITHIN CSX RIGHT-OF-WAY, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City authorizes the execution of Pipeline Crossing
Agreement No. CSX-038255, and agrees to the terms and conditions of the agreement, a
copy of which is attached hereto, and
WHEREAS, CSX Transportation Inc. has agreed to allow the City to install
a 16" water main within their right-af-way in the vicinity of Keene Rd. and south of Sunset
Point Road, as stated within the terms of said agreement, and
WHEREAS, the City Manager of the City of Clearwater is hereby authorized
, to sign the agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Pipeline
Crossing Agreement between the City of Clearwater and CSX Transportation, Inc.,
allowing the City to install a 16" water main within CSX right-of-way.
Se~tiQ_n 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2000.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. DO-xx
I ' (~. ~" / . "",. . I". +f,", " \' 1 ,,__,'., = . ',' -'\: I, " , , \ " ", '. ~', '" '\ I I!
-,
L. <
c\k 1--
APPOINTMENT WORKSHEET
33
FOR COMMISSION MEETING Julv 20, 2000 APPOINTMENTS Agenda #
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: F. David Hemerick
MEETING DATES: 2nd Wed., 8 am
PLACE: Marina
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 7/20/00
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. Donald McFarland ending 2nd term 7/31/00
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FilL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience, Etc.
1. Charles Cashman
1462 Excalibur Dr., 33764
Sales Manager, Gulfwind Marine
2. Edward O'Brien, Jr.
3376 Ferncliff In, 33761
Self-employed, rehabilitation provider
Zipcodes of current members on board:
3 at 33755
1 at 33765 (Mr. McFarland)
3 at 33767
r-e. 3 3
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
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- -
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Home Address:
Office Address:
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Telephone: Ci- ?-:t- ) ."4-t~ \ -' c, 'F5 ~~ ()
How long a resident of Clearwater?
Occupation: f2.tf"Ti ~ e-])
Field of Education:
Zip
Telephone:
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Employer:
Other Work Experience:
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Other Interests:
'..... .
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Board Service (current and past):
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'5.:G~...j \c:--c.
Board Preference:
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(i"~ 1\ g \
Additional Comments:
Signed:
,f \ . l. J -
Iv"!'-. .\ " ;. t......!. . ~-\ -; \.L. A/I
-..- ,-- of
r
Date:
/'
I;~ i_I. ( , )
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See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall. 2nd
Floor, 112 S. Osceola Avenue
RECE~VED
-q;:1
~mf CI.^r.r~K D('3Pf.'(RTiViE~n
.,~
,
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
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3. What background and/or qualificatio!ls do you have that you feel would qualify
.you to serve on this.~oard?,..1. Ilt"\!~ ~i,\-~"T ~L{;.,t!:!,--f\ ~f)('!I"~1-~\jl~~7~ Dr-' t:=L.:,llu-~t
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4. Why do you want to serve on this Board?
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r€- 3 3
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
?*'^'
K~
Office Address:
h.h 7 l?Af ~~ * ~ ~ ~ev-'Il<f gLllb. fin /18
,
C~~t ~ Zip 3s7~7 ~~{Ft- Zip
Telephone: 7 z, 7 - 2- '1 8 - 83> s-o Telephone: 7 Z 7 - 4- 2.- ~ - 7Sb s-
How long a resident of Clearwater? ~ y~ 1if...p~ I 7y~117b - /983
Occupation:€}(~~ JC-tow ~ Cws6 EmPIOy!r: Sa..F Cr<-l Pt-'!L.t:'P .
Field of Education: Other Work Experience:
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Home Address:
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If retired, former occupation:
Community Activities: ~ jJkS/l>~r CL~~ e,~ a~~r:IL 01= CP~ 9~
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Other Interests: /Z1Q$ICry, ~~ Pf',Pt;-I2.-?V~/77dS,
/
Board Service (current and past):
Aft!) ~
.
Board Preference:
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- ,
A-f? /.J""y' 70 /'f/r.../1 u-- /b ~ /7ffL
/
~ ;?r:J1;(I__M."v,J. (.1 m ,.J iL cS.J'Tl..-I r-J6
-1'6 ti r I'r/Vol-uc:JJ /"r-J c(.,~
~~tF" E1Vl/JMr/~.
Date:
Signed:
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, p, O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
RECEfVED
. \, 1
ill""
11 '.1,1,'
~rnr CLERK DBPARTMENT
/,_.' '{";-.. J"" ',' J.'" ~" l' .", _, ... ',' ',,' .... ,.,.,.......'.... ','. ~~,...',"'., '~ :'J' .
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Pt/hU' 4w~~~p~.J O,J /JtA- AAA4/I~
/k.,.-nLlI77 t{S ~fVj 77~ C!.-/7( OF-
~?v.lt17St... -
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Y' e:s 4 e 7"7Jt
(
~1J7l.1,.J ".
~c./)~/~"
-
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
t->MPt5S$ /I1tf'I At- .A.{ II7'l4 tv€"' ex /0Yt./ ~( F.
- ~~ tnJI~ 871+n'S C<:)A-t5T lJ~.
- y~ ~fZ c:bP1M6)~ &/H7~ ex,l'tJ1lIts;Jce /'ot,-WYOIlK:.~
~TI~) j14A-t1//I6~ L6V0l.
.,......,
--11ot'1'/& (3~~ ~174 ~tiS/~ ~~/JdL.
--1-3 y'e'h!:) v.s .C-$. ~/C6iVSfSi) ~~ 6); ~fP-'p,pt J~~,
4. Why do you want to serve on this Board?
~t/I.J>~ ~""'b /3.1)50 ,u/fTU~ ~~(,L]) trF oP
(!;.cMu~ ~<J~ ~ ~?!'-!?---- _~A,:/ _
6jc~ 1-fJJJ welL(~ /;V' ()c)1t /VL~HS:-'&H/a,v~01JT.
~f>>.dIt3(,.."Y /UJ-7~cW/ AcA.... 7tJV~r or c~~tP'. ~
~ /l6fIL6?f~u) ../fU /Z1,Ht,Ir-? /~r::J rr-' n-h-l ~
Name: f>1hJt.- -;s-, I[cu..r
Board Name:_ [It{;nt.p~,..lt ,A-bu/SulLy ~ .
'-::,.' ,~
t:_
C\t< ~
FOR COMMISSION MEETING Julv 20, 1999
ITEM#
3~
APPOINTMENT WORKSHEET
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Geraldine Shriver
MEETING DATES: 4th Mon., 6:30 pm
PLACE:
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 7/20/00
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. Donald Harris - ending 2nd term 7/31/00
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
"
Name-Address
Comments-Related Experience, Etc.
1. Deloris Bell
1356 Terrace Road, 33755
Retired Family Education Specialist & Teacher
2. Jim Ficken
1608 N. Osceola Ave., 33755
real estate investor
4. Ricardo Ortega
18 S. Corona Ave., 33765
Project Manager
3. William Kirbas
34 Bohenia Cir., N., 33767
past member of this board
Financial Advisor
Zipcodes of current members on board:
2 at 33755 (1 is Mr. Harris)
1 at 33756
1 at 33759
1 at 33764
1 at 33765
2 at 33767
,:' ".' .. '. - ,', \., '. " " ',' ~ . ','. .
e
Final Agenda Item /I
35
~.~o.oo
Clearwater City Commission
Agenda Cover Memorandum
C\k3
Meeting Dale:
SUBjECI/RECOMMENDA liON:
Appoint a commissioner to serve on the Pinellas Workforce Board
o and that the appropriate officials be authorized to execute same,
SUMMARY:
The Florida Workforce Innovation Act of 2000 eliminates the Pinellas WAGES Coalition and Pinellas
Workforce Development Board and mandates a single new board, the Pinellas Workforce Board, effective July
1, 2000. (The City's appointment of Clearwater's representative for the "old" Pinellas Workforce Development
Board was "pending")
The Pinellas County Board of County Commissioners and Pinellas County Economic Development
Department request the City of Clearwater participate by having a City Commission member serve on this new
board. It is no longer a requirement that the Mayor be the City's representative in order to have a voting
member.
Board members were to be appointed by June 30, 2000, however, the County was made aware that the
Clearwater City Commission was not holding a regularly scheduled meeting until July 20,2000,
The first organizational meeting for the Pinellas Workforce Board was held on June 28,2000 with the second
meeting to be set for a date in July before the 20th. Day, Time, and Location of future meetings were to be
discussed, The County expects that after a 90 day period (from July 1 st creation of board) in which there may
be a number of meetings scheduled, that the regular meeting schedule of the board will be once a month,
Reviewed by: Originating D t: Costs
Legal NA Info Tech NA City Clerk Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA oeM! ACM CartlJI Improvement Current Fiscal Year
Risk Mgmt NA Other NA Attachments Opclaling
Other
Appropriation Code:
o None
Rev. 2/98
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CITY 0 F C LEA R W ATE R
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POST OFFICE Box 4748, CLEARWATER, FLORJDA 33758-4748
CI1Y HALL, 112 SOUTH OSCEOLA. AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4040 FA.'< (J27) 562-4052
COPIES TO:
COMMISSION
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CI1Y MANAGER
J U L 2 0 ~ -r..,
July 20, 2000
PRESS
CLERK I ATTORNEY
Mayor and Commissioners
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
Dear Mayor and Commissioners:
I herewith resign as City Manager effective August 4, 2000, conditioned upon the Commission's
acceptance of the attached severance package. .
The time I have spent as your City Manager has been rewarding. I am proud of our mutual efforts
to improve the quality of life for Clearwater's residents. Working together, we have made
substantial progress in a number of areas including Gulf-to-Bay beautification, Beach improvelnents,
a new Land Development Code, creation of aN eighborhood Services operation, $50 million in new
grantl approp riation funding, dramatic upgrades to our fire department and an increased focus on
economic development. We also reorganized the City's internal operations and created a master
plan while balancing the budget to put the City on firmer ground for the future.
I leave this position with profound respect for members of the Commission, all of the employees of
this fine organization and the residents of Clearwater. Thank you for giving me the opportunity to
serve as City Manager.
incerely,
Michael Roberto
ONE CITY ONE FUTURE.
Brw,N J. AUNGST, MA'tOR-COMMISSI011ER
ED HOOPER, VICE MAYOR-COMMISSIONER BOB CLARK, COMMISSIONER
ED HART, COMMISSIONER .y;. '\ J. B. .fmmsoN, JR., COMMISSIONER
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P.01
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1/20/00
9 months of severance, 401A Pension, health-full family, dental, life and disability
insurance payments for the 9 month period
Outplacement up to $14,000 for 6 months-senior executive outplacement service with
Drake Beam Morin of Tampa
All accrued unileave of 101 days
This includes my existing fax machine, palm pilot, laptop and cell phone
leMA membership for 2001-2002 fiscal year
Effective no later than 7/24/00
COPIES TO:
COMMISSION
Includes full release with resignation letter
JUL l 0 :' ~:l:)
PRESS
CLERK I A TIORNEY
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. Preliminary Agenda
(W orksession)
/'7/3
PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, July 17, 2000
following closed bargaining session beginning at 9:00 A.M.
Service Awards
Convene as Pension Trustees:
1 . Call to Order
2. Approval of Minutes: 6/12/00
3. Request for acceptance into membership: Jane Ranes, Robert Devore, Jonathan Peskin, Robert
Baker, Robin Valveri, William Givens, Christopher Beckham, Lennox Dawkins, Linda Leaghty,
Nida Espinosa, Jason Goetz, Joseph DiStefano, Daria Mae Wood, Willard Rodgers, Gary Bonzo,
Stephen Cox, Franklin Fleming, Steven Fletcher, Christine Schlerf, Edgardo Vila, Ellyn Miller, &
Rodney Johnson
4. Regular Pension(s) to be granted: Earl Dussault, David Harding, David Foster, & Joseph Johnson
5. Pension(s) to be vested: G. Ann Gilsdorf
6. Survivor Benefits: Patricia Ermlich, Widow of Gerald Ermlich
7. Other Business
8. Adjourn
Reconvene Worksession
PUR PURCHASING
1. McClain Southland Inc., two 2000 Mack front loader garbage trucks, replacements, $286,636;
financing to be provided under City's Master Lease-Purchase Agreement (GS)
2. Flash Equipment Inc., automotive lights & accessories, $50,000 (GS)
3. Shamrock Building Services, Inc" custodial services, 811 /00-7/31/01, 1 st extension, est.
$124,176 (GS)
4. Genuine Auto Parts, motor vehicle & equipment parts, 9/22/00-9/30/01, 3rd extension of 4
available, est. $825,000 (GS)
5. Hector Turf, two Toro Reelmaster 3-100-0 triplex mowers, replacements, $39,000; financing to
be provided under City's Master Lease-Purchase Agreement (GS)
6. Kaiser Pontiac-Buick GMC, Inc., one Step van, previously approved addition, $33,288; financing
to be provided under City's Master Lease-Purchase Agreement (GS)
7. L & S Custom Coaches, one Mobile command vehicle, $189,985; financing to be provided under
City's Master Lease-Purchase Agreement (PO)
8. Fisher Scientific, laboratory equipment, supplies & repair service, remaining portion of contract
ending 3/31/02, est. $70,000 (PW)
9. Angelo's Recycled Materials, disposal of yard waste & construction materials, 7/21/00-9/3001,
est. $450,000 (SW)
10. Architectural Fountains, Inc., cleaning service for Gateway to Beach Fountain, 8/1/00-7/31/01,
est. $118,324.80 (PR)
11. Sun State International Trucks, two 2001 International 4800 4x4 Dump Trucks, replacements,
$126,353,66; financing to be provided under City's Master Lease-Purchase Agreement (GS)
12. Vantage Equipment, one 2000 Elgin Street Sweeper, previously approved addition, $133,363;
financing to be provided under City's Master Lease-Purchase Agreement (G5)
13. International Truck and Engine Co., five 2000 International 4700 Dump Trucks, replacements,
$211,245; financing to be provided under City's Master Lease-Purchase Agreement (GS)
14. Diesel Energy Systems, generator maintenance & repair, 10/1/00-9/30/01, est. $ 75,000 (GS)
1 5. Declare fleet equipment surplus to City needs; authorize disposal through sale at Tampa
Machinery Auction
7/1 7/00
1
ED ECONOMIC DEVELOPMENT
1. Approve termination of existing lease agreement with Clearwater Beach Seafood, Inc. d/b/a Krazy
Bill's re 37 Causeway Blvd.; approve lease agreement with Clearwater Beach Seafood, Inc. d/b/a
Crabby Bill's Clearwater Beach Restaurant for term to 4/30109 (Consent)
GS GENERAL SUPPORT SERVICES
1. Authorize increased funding of capital project "SPJC Field Site Development" by $100,000
($50,000 for traffic studies & misc. project management expenses, and $50,000 for legal &
consulting work); approve agreement with Holland & Knight for the legal & consulting work
2. Res. #00-29 - Demonstrating commitment by City to meet requirements of eligibility for such
State revenues as provided in Florida Statute Ch. 212 (re constructing new community sports
complex which will have Phillies spring training)
3. Accept quit claim deed from St. Petersburg Junior College (SPJC), transferring ownership of real
property known as SPJC Joe Di Maggio Sports Complex, 2465 Drew St., to City; approve lease
agreement with SPJC for field house & tennis courts at same location for $1 per year (Consent)
MR MARINE
1. Res. #00-28 - authorizing execution of Agreement with FDOT to perform a Declared Distance
Analysis for Clearwater Airpark
PD POLICE
1. Lease Agreement with Clearwater Housing Authority, police substation located at 2931
Sandlewood Dr., Jasmine Courts, for 8/1/00-7/31/01 (Consent)
QOL QUALITY OF LIFE
1. Two Contracts with Calvary Baptist Church to exchange vacant 5-acre parcel on Drew Street at
Hampton Road for Chesapeake Park (Consent)
PW PUBLIC WORKS
1. Public Hearing & First Reading Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying
east of US 19 & west of Chautauqua Avenue (formerly Main Street) (Dimmitt, V99-13)
2. Public Hearing & First Reading Ord. #6530-00 - Vacating irregular 40' r-o-w of N. Osceola Ave.,
lying between Jones St. & Georgia St., subject to applicant granting a new 30' r-o-w,
constructing a realignment of N. Osceola and granting a 20' drainage & utility easement (Osceola
Bay Development, LLC, VOO-06)
3. Agreement with SWFWMD, providing funding of project costs of up to $425,000 for reclaimed
water portion of N. Greenwood Area Reuse as part of N. Greenwood Corridor Enhancement
Project
4. 'Nork Orders to Engineers of Record: Wade-Trim, $296,425.89 and McKim & Creed, $60,900,
for design of corridor enhancements & reclaimed water in N. Greenwood, total $357,325.89
5. Res. #00-06 - Authorizing execution of Roadway Transfer Agreement with FOOT; approve
agreement to transfer portion of SR 60 / Cleveland Street / Gulf to Bay Boulevard from 0.476
miles west of Pierce Blvd. to Highland Ave. from State Highway System to Clearwater Road
System, and transfer of Pierce Boulevard / Chestnut Street / Court Street from 280' south of
Cleveland St. to SR 651 / Missouri Avenue, and Court Street one-way westbound from Chestnut
7/17/00
2
Street / Court Street to Court Street / Pierce Boulevard from Clearwater Road System to State
Highway System
6. Res. #00-26 - Authorizing execution of Pipeline Crossing Agreement with CSX Transportation,
Inc., for installation of 16' water main within CSX r-o-w
7. Contract to Wade-Trim, for Sanitary Sewer Extension Feasibility Study, $97,387 (Consent)
PLD PLANNING & DEVELOPMENT SERVICES
1. Public Hearing - Approve City's Fiscal Year 2000-2001 Consolidated Plan along with a 5 year
consolidated plan as required by HUD
2. Public Hearing & First Reading Ord. #6573-00 - Amendments to Community Development Code
3. Authorize designating Largo Area Housing Development Corp. (LAHDC) a Community Housing
Development Organization (CHDO) and to enter into a contract under provisions of the Cranston-
Gonzalez National Affordable Housing Act of 1990 (Consent)
CLK CITY CLERK
1. Marine Advisory Board - 1 appointlTlent
2. Parks and Recreation Board - 1 appointment
3. Pinellas Workforce Board - appoint commission member
4. City Commission Policy Format
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6552-00 - Vacating 40' r-o-w of Bay Avenue, lying N of Pinellas St. & S of north r-o-w line
extended of Sadler St. together with 40' r-o-w of Sadler St./ lying E of Bay Ave. & W of
Reynolds Ave., subject to retaining a drainage & utility easement over Bay Ave. (Morton Plant
Mease Health Care, VQO-07) - To be Continued to 8/3/00
2. Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending 9/30/00 - To be Continued to
8/3/00
3. Ord. #6568-00 - Amending Capital Improvement Program Report and Budget for Fiscal Year
ending 9/30/00 - To be Continued to 8/3/00
7/17/00
3
Agreements, Deeds and Easements
1. Sidewalk Easement - constructing sidewalk at intersection of Grand Ave. & N. Hercules Ave.
(AT&T Corp.)(Consent)
2. Drainage & Utility Easement - Walden Woods Sub., part of Lot 27 (Mark 8. 8ronson)(Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
1. Representation at Suncoast League of Municipalities meetings
Other Commission Action
A.djourn
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CITY COMMISSION POLICIES
TABLE OF CONTENTS
B~ards ...... ... ... ... ....... ....... ....1............. ... ... .......... .......... ....... ....... ............ . Pages 1-2
Representative Balance.. 1,.".. II .t.. II........ II ... I" II I" ... ... II' 1,."... II' .... II 1,.". '" .,. '1' 11.1,.. 1 A
Ad Hoc Committee. II II.. II .... II ... ..." I" .... 1,.".... II II ". II....... II... 1,.".".1,.1,.,1.".,." 11.".,1.. 1 B
City Representatives on Non-City Boards ..........................................................1 C
Non-Board Business Functions Sunshine Law................................................... 1 D
Special Request. '" ... 11.11. .,.. 1,.,1 ..". II..... II... ... II' II 1,.,1.. II 11.1,.,1 11.,1.,1.".1,.... II' ... 11.".,1.. 1 E
I nput to Other Boards/Committees..................................................................... 1 F
Letterhead.... ... .., ...... ...... .......................... ... .. ... ...... ..."" . .. ..... ... ... . ..... . ......... .. ... ... ..1 G
Campaign Material During Meetings ..................................................................1 H
Input to AdvisofY' Boards ...... ...., ........... ...... ....... .". '" II..... .... I....... .... I..... 1,..,... ..... 1 I
City Representatives on Non-City Boards ...........................................................1J
Advisory- Board Dinner. '" .,, .......1 I I... 11................1................. ........,... ,....,....... II ..... 2K
Budget ........ ..,.... ~................. .......... a a..................................... ... ......... ...... . Pages 3-5
Special Event Fees .... .... ...... ...... ............ ...... ..... ... ...... ... ..... .1. ... ... ......... ... .,.... ..... 3A
General Fund Unappropriated Retained Earnings .............................................38
Funds Other than General Fund................... .........................~.......................... ..3C
Lease Purchase of Major Capital Acquisitions .........................................:.........3D
Ten-Year Road Resurfacing Cycle..................................................................... 3E
Pact.. . I' ..... ... . I. ......... ". . It..... ..... ....... ... ....... .. " .. ..... ,.,... ... ... ..... ... ... ... .. ..". ... . I' ... ... ... .. 4F
ProprietafY' (Enterprise) Funds......................................................................... ..4G
Utility Transfer Payment. ....,... .... ... ............... ..... ...... ... ..... ... .1. ... ... ...... '" ". ... ... ... 1.4H
Interfund Administrative Charge........................................................... ...... ........ 4 I
Interfund Other Service Charge......................................................... .................. 5J
Financial Support to Social Service Agencies ......................... .....................,..... 5K
CRA Contribution to General Fund..................................................................... 5L
Health I nsurance Stabilization Fund............... ................................................... 5M
Filling Position of Retired Employees Still on Payroll .........................................5N
Stratetgic Planning. ... ...... I..... .... ........, .... ....... ... ...... ... ....... ........ ... I" ... "1 ... .... ... .",. 'I' 8M
Pilo1:lSeed Programs... .................... I........................ 1..............I..a............,. I......... .50
Review of Rate Schedules .. ... .......... ...... ... ....1 ... ... ......... .... ......" ..... ....... ........ ... ... 5P
Review of Annual Audit ........ ... ... ... .... .... ............ ............ ..... .....1. ......... ... ... ........ ...5Q
City Commission ..... .......... ... ........ ... ......... .............. ...... .... ... ....... ....... ..... Pages 6.8
Resol utions..... ... ... .. ....... .. I... .... . " ... . ... ...... .. .. .. .. .. ......... ... ......... ........ ... .... .... .. .... .. . .. ... ... 6A
Proclamations.................................................... I.................. ......... II.................... 6B
Representation on Boards '" ............. ..... ...... ......... .......... ... ... ...... ....... I...f...... ... ... 6C
Citizen Inquiries ......... ....... ... ...... ... ... ....... ... ....... ... ....". ........ ... ....... ". ... ... ...... ... ... ... 6D
Departing Commissioners' Gifts................................ ......................................... 6E
Travel ............ I. .....,,".. ... .... ... ... ...... .. . ..... .. . .. .... .. ... .. .... . ........ ...... ... ... .... I.' ... ... ... . I' .... ... . " 7 F
Fund Raiser ... ......... .... ... I" ..... .... I.. ......... ......... ....1 ... ...... ... ..... ... ... I.' I.. ... ......... ... ... ... 7G
Staff Projects. ... .... " .... ... I" ..... ........ ....... ........ ..... ......... ..... ... ... .....1... ... ... ...... ... ... ... 7H
Annual Dinners ....... .... II. .... ..... .... ...... .... ........ ..... 1.' ... ... ..... ... '" ... ... ... I.' ... ... ... "1 ... ... 7 I
Televising Commission Meetings...................................................................,.... 7 J
Information Available to Public and Press ................. .......,... ...... ,........... ......... 7K
Distribution of Commission Mail ........................................................................7 L
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City Employees ....................... ...... ........ ................................... .................. Page 9
Participating in Auctions................, .... .....,.............. .... I...... ......... ......... .......... ..... 9A
General Administration ........................................................... ......... Pages 10-16
Application Fee Waivers ....... I ... ... _.. ... .............. .... ......... .............. ...................... 10A
Sparkling Clearwater ..... ..... ... ... ...... .... ..... ........ .......... ........................ ............... 108
Drew Street Banner ....... ........ ... .... .... ...... ........ ........... ....... ...... \1<...................... ... 1 DC
Fire Lanes ... ... .._.. .......... .... ..... ... ...... ........ ......... ......... ..... .... ............. ... ............... 11 D
C::()~~ri~tlt F~~!) ................................................................................................. 11 E:
Renewal ........................................................................................................... 11 F
Stationery' ................................. ~............. .. .... .. .. " ....... I... I... I.. I.... ...... ................. 11 G
Welcome Letters........... ..... ... ... ... ... ... ...... ....................................,... I................ 11 H
Citizens to be Head Response ......................................................................... 11 I
Special E:vent Street Closure Limitation............................................................ 11 J
Investment ... ... ... ..... .... ...., ......... ...... ..... I............... .................... " ............ ....... .... 11 K
land Development ................. ... ....................................................... P~ges 17-19
StrE!~t ~Etl1cj()rs; ................................................................................................. 1~JO\
Annexation Agreements................................................................................... 178
Subdivision Monuments " ... ... ... ... ...... Ii. .... ..................,.. " ,..........., I I. ,.,....... I....... 17C
Petitions for Annexation. II ...... ... I... 1...1.........1. I......... 11.1.... ... ... I......... " I......... I I" " 170
Site Plan/Ordinance Pending .......................................................... ................. 17E:
Scenic Corridors ........ I... " .... ,.,.. ... 11..,....... II..... I... I... " .............. '" ........ II..... ,..., ... 18F
Easement - US 19 . ... ......., I... '" I...... ....... ,.,............, ,................,..,... I.... I. I. ,...,... .18G
Variance to RPD Projects................................................................................. 18H
Landscaping of City Roads............................................................................... 18 I
Parks & Recreation Card to Annexing Property .............................................,..18J
Subdivision of Property..................................................................................... 18K
Mobile Home Park Conversions ...................................................,................... 18L
I.EtgClI .........................................................................................................F'ClgE! ~()
C'ase Reports................................................................................................... 20JO\
l.~i!)LJrE!........................................~......................................................F'ClIJE!!t :!1-~:Z
Marina Slip Rental Fees.. ................................................................................. 21 JO\
Marina Parking................................................................................................. 21 B
Holiday Decorations......................................................................................... 21 C
Amending Rental Fees..................................................................................... 210
Marina Building Rentals.................................................................................... 21 E
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CITY COMMISSION POLICY
A. Representative Balance. 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. Ad Hoc Comittees. Members of boards may also serve on Ad Hoc
committees or Task Forces.
C. City Representatives on Non-City Boards. Individuals appointed by City
Commission to be the City's representatives on non-City Boards will serve
no more than three consecutive terms.
D. Non-Board Business Functions - Sunshine Law. In order to eliminate
the possibility or appearance of violation of the Sunshine Law, all boards
and committees appointed by the City Commission are requested not to
schedule luncheons or other non-board business functions.
E. . Special Request. Requests for special reports on projects will require
Commission or City Manager's approval prior to staff commencing efforts
in this regard.
F. Input to Other Boards/Committees. 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.
G. Letterhead. 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.
H. Campaign Material during Meetings. During City Commission and board
meetings, board members will not display material supporting or opposing
candidates or issues on any election ballot.
I. Input to Advisory Boards. 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.
J. City Representatives on Non-City Boards. 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.
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Advisory Board Dinner. 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.
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CITY COMMISSION POLICY
A. Special Event Fees. The Special Events Committee will review applications for
use of City beaches, sidewalks and rights-of-way. Sponsoring organizations will
be responsible for the costs of City services needed in conjunction with the
events.
All fees and related charges will be waived for City sponsored or co-sponsored
events; Le. Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot and Martin Luther
King Parade. There shall be an annual review of City sponsored/co-sponsored
events during the budget process. An agenda item confirming co-sponsorship
and waiver of fees for those events approved in the budget will be brought for
City Commission approval at the beginning of each fiscal year.
In the event, additional monies are requested beyond what is included in the
approved budget, City Commission approval will be needed before said
additional funds are disbursed.
B. General Fund Unappropriated Retained Earnings. In an effort to ensure
adequate financial reserves, the City has determined that a General Fund
Unappropriated Retained Earnings equal to 80/0 of the subsequent year's
budgeted expenditures shall be maintained whenever practical. Should funds in
excess of 8% be available in any fiscal year, these funds shall be identified as
available, and may be appropriated for specific Capital Improvement Projects or
. used to reduce the subsequent year's ad valorem millage.
This fund shall be maintained as a contingency fund, and appropriated to meet
unanticipated financial needs.
C. Funds Other than General Fund. Revenue budgets may exceed expenditure
budgets except in General Funds, which must balance. However, expenditure
budgets may never exceed available resources.
D. Lease Purchase of Major Capital Acquisitions.. When fiscally advisable and
when consistent with contractual obligations, the City shall lease purchase all
capital items, which have a monetary value of at teast $25,000 and a minimum
life expectancy of five years. The debt service on lease purchase items shall be
paid by the user department.
E. Ten-Year Road Resurfacing Cycle. In order to maintain the City's streets in
keeping with ClealWater's standards the Commission will attempt to maintain a
10 year cycle for resurfacing roads by allocating funds for this purpose in the
annual budget process.
3
Budget (contd.)
F. Pact. A millage levy necessary to generate up to $400,000 per the agreement
with the Performing Arts Center and Theatre (PACT) will be assessed and
designated annually for the support of the Richard B. Baumgardner Center for
the Performing Arts, and Ruth Eckerd Hall, operating under the administration of
PACT, Inc.
G. Proprietary (Enterprise) Funds. All Proprietary (Enterprise) Fund operations
shall be self-supporting, and shall pay administrative and other appropriate
service charges to General Fund Operations for support at a level determined by
the City Commission.
H. Utility Transfer Payment. The Utility System shall annually transfer to the
General Fund an amount determined appropriate to be considered
reimbursement in lieu of taxes.
April 1989 policy adopted by commissioners established this rate at 4.5% of
prior-year gross revenues. This proportionate rate was adopted to accommodate
growth, and replaced prior years' policy of a prescribed dollar contribution.
HISTORICAL NOTE:
Fiscal Year
1
4.5
4.5
4.5
4.5
4.5
4.5*
4.5*
Dollars
1990
1991
1992
1993
'1994
1995
1996
1,772,870
1,987,380
2,050,000
2,062,680
2,270,050
2,438,620
2,587,770
* Note: Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Commission agreed to replace the Gas Support contribution with a franchise fee
from natural gas customer accounts payable to the General Fund. This, in
combination with the Gas dividend, offers the General Fund the same level of
support as fiscal year 1995/96.
I. Interfund Administrative Charge. An allocation shall be made annually
distributing the costs for administrative support departments among all operating
departments. This distribution shall be proportionately based on the operating
department's annual budget, and shall not be charged to General Fund
departments.
Note: Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the
Commission agreed to maintain the same charge for administrative support from
4
Budget (contd.)
the Gas Fund for fiscal year 1995/96 which will be increased annually by the cost
of salary increase index computed by the City Manager (fiscal year 1996/97 -
40/0).
J. Interfund Other Service Charges. The cost of services provided to Proprietary
Fund Departments by General Fund Departments shall be charged to, and paid
by the user department.
K. Financial Support to Social Service Agencies. The City's budget will include
nominal financial support to selected social service agencies to augment financial
requirements.
L. eRA Contribution to General Fund. It is the City's policy that services provided
for administrative support to the Community Redevelopment Agency (CRA) by
City employees shall be reimbursed to the General Fund. Such reimbursement
shall be approximate actual costs incurred by the department, together with any
associated costs.
Note: This policy will be revisited once the Development Director is hired and
other issues regarding the Community Redevelopment Agency are addressed.
M. Health Insurance Stabilization Fund. The city commission authorizes
maintaining a special health insurance stabilization fund to guard against future
health care costs.
N. Filling Position of Retired Employees Still on Payroll. Upon review and
approval of the City Manager, a vacant position may be filled while the former
employee in that position remains on the payroll. The former employee's usalary"
shall be paid from the Unappropriated Retained Earnings in the General Fund.
O. Pilot/Seed Programs. When establishing and providing funding for Pilot/Seed
programs a set period of time for such program shall be determined. The length
of time will be determined on a case-by-case basis.
P. Review of Rate Schedules. Rate schedules of the City of Clearwater will be
reviewed every 5 years. The purpose of the review will be to assure rates are set
in a manner to be fair and equitable while covering the City's cost to provide the
service.
a. Review of Annual Audit. A work session will be held each year within 60 days
of the release of the annual financial audit of the City. At that time, the over all
financial condition of the City and its enterprise funds will be review.
5
CITY COMMISSION
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CITY COMMISSION POLICY
A. Resolutions. An individual Commissioner may request a resolution. However,
prior to preparation of the resolution, there must be a majority of the Commission
members agreeing to do so.
B. Proclamations. The City of Clearwater will consider issuing proclamations from
all segments of the community without regard to gender, race, ethnicity or
handicap. Proclamations will not be issued to companies, IIfor profit"
organizations, profit making agencies, political organizations or religious
organizations.
C. Representation on Boards. Whenever possible, a Commission member
appointed by the Commission as its representative on a board or conlmittee will
receive Commission input prior to taking a position regarding issues coming
before that board. If not possible to obtain Commission input, the Commissioner
is to act to the best of their ability in the City's interest.
D. Citizen Inquiries . Responses. In responding to citizen inquiries, the City
Manager shall respond to letters in writing and map respond to telephone calls by
return call. Letters or telephone calls to the City Commission shall be answered
by the City Manager, Mayor, a Commissioner or an appropriate staff person as
may be designated. Copies of correspondence sent to the Commission will
indicate by whom the response will be prepared. Copies of responses will be
made available upon request.
E. Departing Commissioners' Gifts. Departing gifts shall be chosen in
consultation with the outgoing members. The value of the gifts shall be a
maximum of $300 for one full term, $500 for two full terms and $600 for more
than two full terms.
One full term. Plaque, nameplate, letter. pewter tray with seal, Commission
pictures.
Two full terms. Plaque, nameplate, letter, fax machine or City watch,
Commission pictures.
Three of more full terms. Plaque, nameplate, ring, collage or album, tray with
seal, letter, gag gift. caricature.
6
City Commission (contd.)
F. Commission Travel. Provisions of Sec. 2.04 of the charter and the City's travel
code, Chapter 2. Administration, Article IV. Travel outside the Tampa Bay area
by any members of the Commission for City business where the City pays the
cost must be approved by a majority vote of the Commission. The only
exception to this rule are the Florida League of Cities and, when held in Florida,
the National League of Cities conferences.
G. Fund Raisers. It shall be at the discretion of individual Commissioners whether
or not to accept invitations to fund raising activities. Expenses incurred by
acceptance are not reimbursable. City employees will not attend these functions
as City representatives.
H. Staff Projects. A Commission member shall request staff research or projects
only through the City Manager or City Attorney in accordance with the City
charter. Any request that, in the determination of the City Manager or City
attorney, will take longer than 8 hours must be approved by a majority of the
Commission.
I. Annual Dinners. Newly elected Commission members shall be invited to the
annual Phillies and advisory board dinners.
J. Televising Commission Meetings. All regular City Commission meetings and
work sessions will be televised on C-View. Efforts will be made to also televise
specially scheduled meetings and work sessions. However, there will be times
when this is not possible, or practical. No closed door attorney/client or
bargaining sessions will be televised.
K. Information Available to Public and Press. All material prepared by the City
Manager and City Attorney for the Commission shall be provided to the press
and to the public via a special box in the City Clerk's department. Reports shall
be made available in the City Clerk Department for the public to review.
L. Distribution of Commission Mail. All mail to the Mayor-Commissioner and the
Commissioners arriving at City Hall received pursuant to the law or in connection
with the transaction of official business by the City of Clearwater shall be copied
as follows:
Commission members will receive the original of items addressed to them
whether anonymous or not. Copies of everything will be made for the City Clerk
Department, the Legal Department, and the public information file. Mail will be
delivered to the Commission at least once per week. On days mail is not
delivered, incoming mail will be faxed to each Commission member.
7
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City Commission (contd.)
Other anonymous letters and suggestions will not be distributed.
Publications and lengthy agenda materials for other boards upon which the
Commissioners serve will not be copied. Only the agendas will be circulated.
Items of considerable length (such as petitions) will not be copied, but instead a
memo will be distributed announcing the availability of the item in the office.
Mail with the words similar to IIPersonal", IIConfidential", or IIFor the Addressee
Only" will be delivered unopened to the addressee.
The Mayor-Commissioner and Commissioners receiving individually addressed
mail will be responsible for replying, asking the City Manager or City Attorney to
reply, or placing the matter on the agenda for formal Commission consideration.
The City Manager will be responsible for seeing that mail addressed to the
Commission as a whole is properly answered or placed on the agenda.
The City Manager will discuss with the Mayor malicious mail.
When a Commissioner serves on a board as the City Commission's
representative, that Commissioner shall keep the City Commission and the City
Manager informed of the board's activities by providing periodic written or oral
reports as the Commissioner deems appropriate.
M. Strategic Planning. Each year the City Commission shall' meet in a strategic
planning session(s) to develop a five-year strategic plan which will include a
three-year financial forecast presented to the City Manager and will be the
beginning of the budget process for the next fiscal year.
8
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CITY COMMISSION POLICY
A.
Participating in Auctions. City employees and Commissioners are prohibited
from participating in City auctions involving the sale of property which has either
been abandoned and confiscated, acquired with public funds or which has
otherwise come into the possession of the City. They may attend as spectators
but may not bid on or purchase items offered for sale. All actions that would lead
to perceptions of participation, such as a family member bidding on items, should
be avoided. It is the intent of this policy to avoid giving "insider" information or a
profit motive to employees or their families in the disposal of surplus items.
,
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CITY COMMISSION POLICY
GENERAL ADMINISTRATION
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A. Application Fee Waivers. Generally, application faoe will not be wai'/ed except
fef building permit. occuQational license. plan review and zoning-related
application fees will not be waived except for City proiects and other
governmental agencies. If staff believes special conditions exist, such requests
may be brought to the Commission for consideration. Application fee waivers for
governmental agencies will include all governmental projects including those in
which the governmental agency is leasing property from a third party, providing
the governmental agency is the entity which applies for and obtains the permit.
PACT will be considered a governmental entity when considering application fee
waivers.
NOTE: The City Clerk's Research regarding waiver of application fees shows the
following:
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundtion - waive building permit fees
Pinellas County - waived building permit fees for work done by County forces;
waive fees for variance application
State of Florida - waive fees for variance applications
Clearwater Ferry - waive building permit fees
S1. Petersburg Jr. College - refunded building permit fee for parking lot
None of the above includes waiving impact fees.
B. Sparkling Clearwater. In order to maintain and enhance the image of Sparkling
Clearwater, the Commission supports staff in enhanced solid waste recycling and
conservation projects, tightening and increasing enforcement of codes (i.e., fence
landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to
place a greater emphasis on and coordinate aesthetic consideration on site plans
and other development review (Le., placement of dumpsters, landscaping).
Educational and incentive programs for both City staff and the public addressing
this issue should be developed. It is the desire of the City Commission to expand
the "Make It Sparkle" program.
C. Drew Street Banner. The City Manager may approve banners to be placed on
the designated right of way where Drew Street terminates at Cleveland Street.
Requests may be submitted one calendar year prior to the intended installation
date and will be approved for a one-week time period. The City Manager may, if
no other requests have been received, extend the approval for an additional
weekend (2 days).
10
General Administration (contd.)
D. Fire Lanes. Fire Department personnel will participate in the enforcement of
parking violations pertaining to fire lanes and fire hydrants.
E. Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for
those ("',cmcerts in the bandshell co-sponsored by the City. The City shall provide
a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall
be responsible for collecting the fees from bands participating in non-City
sponsored programs.
F. Renewal.
All renewals of agreements the City has with organizations or tenants should be
presented to the Commission at least sixty (60) days prior to the expiration of the
original term. '
G. Stationery. The City shall have one form of stationery on which the City seal will
be imprinted. Paper stock will be recyclable. Other forms in supply will be
allowed to be used until said supply is depleted.
Exception: The Gas Division may continue to use its logo but the City Seal must
be located somewhere on the stationery.
H. Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare
a letter for the Mayor's signature welcoming the new resident to Clearwater.
I. Citizens to be Heard Response. Responses will be sent to those addressing
the Commission under Citizens to be Heard regarding Items not on the Agenda.
For those not requiring a specific response, a letter will be sent from the Mayor,
thanking the speakers for their input.
J. Special Event Street Closure Limitation. Street closures for special events
shall be limited to two (2) per calendar year requested by anyone non-profit or
for-profit organization. The City of Clearwater shall be exempt from this
limitation. The City shall comply with any Florida Department of Transportation
policies regarding street closures of state roads.
11
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General Administration (contd.)
K. Investment
(1) Scope
The statement of investment policy and guidelines applies to all investments of
the City's pooled cash, which includes cash and investment balances of the
following funds: General, Special Revenue, Debt Service, Capital Projects,
Enterprise, Internal Service Funds, and Trust Funds.
The policies set forth do not apply to the Employee Pension and Deferred
Compensation Funds of the City of Clearwater, deposits for defeased debt, or
assets under Bond Trust Indenture Agreements.
(2) Investment Objectives
Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary to the
safety of capital. Each investment transaction shall seek to first ensure that
capital losses are avoided.
From time to time, however, securities may be traded for other similar securities
to improve yield, maturity or credit risk. For these transactions, a loss may be
incurred for accounting purposes, providing any of the following occurs with
respect to the replacement security: the yield has been increased, or the
maturity has been reduced, or the quality of the investment has been improved.
The City's investment strategy will provide sufficient liquidity to meet the City's
operating, payroll and capital requirements. To accomplish this the portfolio will
be 't.laddered" with maturates each month except for those months in which
significant Ad Valorem taxes are received. To the extent possible, the City will
attempt to match its investments with anticipated cash flow requirements. Unless
matched to a specific cash flow requirement, the City will not directly invest in
securities maturing more than 15 years from the date of purchase. And unless,
specifically matched against a debt or obligation not more than 1 00/0 of the
portfolio will have a maturity greater than 1 0 years.
The City's investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account the City's investment risk constraints and the cash flow characteristics of
the portfolio.
12
General Administration (contd.)
(3) Perlormance Measurement
The benchmark yield for the operating portfolio will be the weighted average yield
determined by using the following maturity distribution and the related U.S.
Treasury yields. Treasury yields are considered benchmark for risl<less
investment transactions and, therefore comprise a minimum standard for the
operating portfolio's rate of return. The investment program shall seek to
augment returns above this threshold, consistent with risk limitations identified
herein.
Average Treasury Rates
Percentage Distribution
Overnight rate
3 month Treasury Bill rate
6 month Treasury Bill rate
1 year Treasury Bill rate
3 year Treasury Note rate
250/0
200/0
150/0
200t'o
200/0
1 000/0
(4) Prudence and ethical standards
The standard of prudence to be applied by the investment officer shall be the
"Prudent Person" rule, which states: Illnvestments shall be made with judgment
and care, under circumstances then prevailing, which persons of prudence,
discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the probable safety of their capital
as well as the probable income derived." The "Prudent Person" rule shall be
applied in the context of managing the overall portfolio.
(5) Authorized investments
A. The City shall limit investments, as authorized in Florida Statutes to:
1. Negotiable direct obligations of, or obligations the principal and interest of
which are unconditionally guaranteed by, and which carry the full faith and credit
of the United States Government and its agencies. Investments in this category
would include but not be limited to the following: United States Treasury Bills,
Notes and Bonds, and securities issued by the Small Business Administration,
Government National Mortgage Association (Ginnie Mae), Veterans
Administration, and Federal Housing Administration.
13
General Administration (contd.)
2. Fully collateralized United States Agency obligations which carry an implied
guarantee and the implied full faith and credit of the United States government.
Investments in this category would include but not be limited to the following:
obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks
and Financing Corporation (FICO).
3. Other United States Agency obligations which carry an implied guarantee and
the implied full faith and credit of the United States Government. Investments in
this category would include but not be limited to the following: obligations of the
Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae),
Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan
Marketing Association (Sallie Mae), Financial Assistance Corporation and
Federal Agriculture Mortgage Corporation (Farmer Mac).
4. Interest bearing savings accounts, money market accounts, certificates of
deposit, money market certificates or time deposits constituting direct obligations
of any bank or savings and loan association certified as a qualified Public
Depository by the State of Florida.
5. Collateralized Mortgage Obligations (CMO) and/or Real Estate Mortgage
Investment Conduits (REMIC), rated AAA or equivalent by Standard and Poor's,
Moody's or Fitch with an estimated maturity and class or tranche not to exceed 5
years, which are backed by securities otherwise authorized in this policy and
which are guaranteed as to the timely payment of principal and interest by the
US Government or its Agencies.
6. Repurchase Agreements and reverse repurchase agreements collateralized
by securities otherwise authorized in this policy.
7. State of Florida Local Government Surplus Funds Trust Fund.
(6) Maturity and liquidity requirements
A. The City will attempt to forecast expected cash outflows and inflows by major
categories. For months that the outflows exceed inflows the City will have
investments maturing that month in excess of the forecasted deficits.
B. As stated above the City will ladder its maturates so that there are maturates
each month with the exception of months when the majority of Ad Valorem taxes
are received.
14
" ,'.,'"
General Administration (contd.)
C. The City will attempt to keep the weighted average maturity to three years or
less. Due to market conditions and cash needs the average maturity may
temporarily be greater than three years but no greater than four years.
(7) Portfolio Composition, risk and Diversification
Assets held shall be diversified to control risk of loss resulting from
overconcentration of assets in a specific maturity, issuer, instrument, dealer, or
bank through which these instruments are bought and sold. Diversification
strategies within the established guidelines shall be reviewed and revised
periodically as necessary by the I nvestment Committee.
(8) Authorized Investment Institutions and Dealers
A. Banks - Certificates of deposit purchased under the authority of this policy will
be purchased only from Qualified Public Depositories of the State of Florida as
identified by the State Treasurer, in accordance with Chapter 280 of the State
Statutes.
B. Broker/Dealer Approvals and Limitations - Time, practicality, and general
business constraints limit the number of investment relationships which can be
managed on a regular basis. In most cases, normal investment activity will be
limited to no more than ten dealer relationships. A broker/dealer list will be
established by the Finance Director or designee. This list will be presented to the
Investment Committee for approval. This list will be updated as needed and
approved the Investment Committee.
(9) Third Party Custodial Agreements
All securities purchased by the City under this policy shall be purchased using
the Udelivery versus payment" procedure. For all purchases and sales of
securities the third party custodial will be notified by fax of the transaction
including all details of the securities purchased or sold. The notification will be
signed by two individuals authorized to make investlTlent decisions.
(10) Master Repurchase Agreement
All approved institutions and dealer transacting repurchase agreements shall be
covered by a Master Repurchase Agreement. All repurchase agreement
transactions shall adhere to the requirements of the Master Repurchase
Agreement.
15
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(11) Bid Requirenlents
After the Finance Director or designee has determined the appropriate maturity
based on cash flow needs and market conditions and has selected one or more
optimal type of investment, the security in question shall, when feasible and
appropriate, be competitively bid. Competitive bids or offerings shall be received
from at least three dealers/brokers on all sales or purchases except in situations
where:
16
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LAND DEVELOPMENT
CITY COMMISSION POLICY
A. Street Vendors. Administration will not process requests for approval of street
vendors (Le., hot dog stands, popcorn stands). This prohibition will exclude such
vendors requested in conjunction with Special Events approved by the City
Commission or as otherwise may' be provided in the Land Development Code.
Ordinance #5821-95 allows sidewalk vendors in or immediately adjacent to
public parks in the Urban Center District.
B. Annexation Agreements. The City Manager is authorized to approve routine
annexation agreements involving one existing or proposed residences. Where a
discrepancy exists regarding land use designations, right-of-way requirements, or
any other circumstances, administrative approval is not authorized. A quarterly
report of administrative approval is requested.
C. Subdivision Monuments. New entranceway landscaping, monuments, signage,
and walls shall not be allowed within the public rights-at-way of the City of
Clearwater. Such special treatments are to be upon private property and in
accordance with all applicable codes and regulations. The owners of all existing
entranceway features occupying public property are to execute an agreement
with the City of Clearwater wherein owners agree to keep all features in good
repair, hold the City harmless for any liability arising from the use of the public
right-ot-way, and provide a $500,000 liability insurance policy. Upon failure of
the owners to execute such agreement and provide the required insurance policy
after forty-five days from written notice, or by tagging the structure when owners
cannot be determined, or upon failure of the owners to repair or maintain any
feature of the site which has fallen in disrepair after similar notice, the Public
Works Department is to remove all such materials occupying the public right-of-
way. A wooden sign with breakaway features approved by the City Engineer
may be allowed within the public right-of-way when associated with the Parks
and Recreation IlAdopt a Park" program, and is to be limited to a size necessary
to name the sponsoring agency in 3-inch letters. Such sign to be a maximum
height of 18-inches.
D. Petitions for Annexation. Request to be made that all contiguous parcels under
the same ownership be annexed simultaneously.
E, Site Plan/Ordinance Pending. After receipt and referral of an ordinance
amending the land development code, minor plan changes to certified site plans
may be accepted even if the proposed ordinance relates to the proposed change.
The request will still follow established procedures for processing.
17
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Land Development (contd.)
No building or site plans will be approved which are inconsistent with the pending
ordinance.
F. Scenic Corridors. Support for limited development, low density residential
development or scenic corridors.
G. Easement - U.S. 19. The City will request 40-foot drainage and utility easements
from developments along U.S. 19.
H. Variance to RPD Projects. No requests for additional enclosures in RPD
(Residential Planned Development) projects that have been approved with zero
lot lines are to be accepted.
No variances in RPD projects shall be allowed without City Commission
approval. In most cases, when the commission approves the variance, they will
require amendment to the site plan rather than approve as an individual variance.
I. Landscaping of City Roads. Whenever possible, landscaping will be a part of
City road and street improvement/construction projects.
J. Parks & Recreation Card to Annexing Property. Resident Parks & Recreation
cards may be obtained by petitioners for annexation upon acceptance of the
application.
K. Subdivision of Property. If property was subdivided before 1982 into not more
than two parcels, the City accepts the division and permits signs on each parcel.
L. Mobile Home Park Conversions.
Objective 1.0 - Mobile homes are a component of the City of Clearwater's stock of
affordable housing and should be maintained as a housing option for existing and future
residents, so long as they are located outside the coastal high hazard zone,
Policy 1.1 - The City of Clearwater shall continue to use and maintain the RMH
zoning classification to define existing mobile home park properties and to establish
clear standards for any future development of new mobile home parks.
Obiective 2.0 - Determination of adequate facilities for relocation of mobile home
owners shall occur prior to official City action, including approval of rezoning.
18
land Development (contd.)
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Policy 2.1 - The City shall make a determination that adequate mobile home
parks or other suitable facilities exist for the relocation of mobile home owners prior to
taking official action, induding approval of a rezoning, which results in the removal or
relocation of mobile home owners. In so doing, the City may consider voluntary
arrangements or agreements with the Clearwater Housing Authority or Clearwater
Neighborhood Housing Services to relocate qualifying residents or other voluntary
arrangements for relocation of mobile home residents displaced through the conversion
process; however, the City shall not require such arrangements as a condition of
rezoning or other approval.
Objective 3.0 - Conversion of existing mobile home park sites to other land uses shall
be compatible with surrounding land uses.
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Policy 3.1 - The Planned Development zoning classification shall be utilized for
mobile home park sites that are proposed to be converted to another land use category
where determined necessary to address site specific buffering, land use compatibility or
other design' issues.
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Policy 3.2 - City development review processes and procedures shall be
evaluated in light of this policy document, with any needed changes to implement the
specific goals, objectives and policies of this document completed by July 18,1997.
19
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LEGAL
CITY COMMISSION POLICY
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A. Case Reports. The city attorney shall furnish to the city
commission a quarterly report of pending litigation, identifying each case,
opposing counsel, the nature of the case, and the status of the case as of the
date of the report. In addition, the city attorney shall keep the city commission
and city manager advised from time to time as to significant developments in
each case.
LEISURE
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CITY COMMISSION POLICY
A. Marina Slip Rental Fees. Marina slip rental rates for shall be charged on a per
foot per slip length basis. Oversized boats shall be charged the slip length rate
plus a per foot charge for each foot the boat extends beyond the slip. The City
Manager may approve rate increases, in accordance with Sec. 33.028, Code of
Ordinances, of up to 5%, based on annual surveys of rates charged by other
municipal marinas and so notify the City Commission. Increases above 50/0 will
require City Commission approval.
Note: This policy will need to be deleted or amended once the Marina Business
Plan is approved.
B. Marina Parking. Marina tenants may purchase parking permits that will allow the
holder of the permit to park in any available metered space in the Marina lot, with
the exception of the half hour spaces in front of the Marina Building, without
paying the meter rate. Permits will be available in the following categories:
1} one half day; 2) all day; 3) monthly; or 4) yearly.
This policy is to be deleted once the Marina Business Plan is approved,
C. Holiday Decorations. Holiday decorations along the rights-of-way to be installed
or paid for by the city will be limited to the Downtown Core and Memorial
Causeway.
D. Amending Rental Fees. The city manager shall notify the commission 30 days
in advance of implementing adjustments to rental fees for city facilities.
E. Marina Building Rentals. The City Manager & Harbormaster shall have the
option to bid or negotiate the lease based on rate and mix of tenant services.
Staff to issue statement outlining appropriate tenant mix. Set a rental rate range
of between $9 PSF to $12 PSF for second floor rooms and a range of between
$12 to $18 PSF for first floor rooms. Current building tenants will receive first
opportunity to rent a vacant space in the building.
Continue the policy of negotiating the lease with the tenant and consider his/her
record as a tenant during the ending lease period.
The City Manager and Harbormaster will review and approve the business that is
assigned to the space.
21
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Leisure (contd.)
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Adopt an ordinance that will allow the City Manager to approve and execute
Marina building For Profit Lease Agreements for a three year period. Current
building tenants would have the option of a three year lease approved by the City
Manager or a five year lease approved by the City Commission.
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Continue using the "Standard" Lease Agreement, with the City Manager added
as the approving authority on three year leases. Add to the Standard Agreement
when to be in business.
Continue with a percentage of gross sales with these two leases. Other Marina
businesses that sell merchandise will have either a percentage of gross sales or
yearly CIP increase added to their Lease Agreement