08/03/2000
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Agenda:
8-3-00
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City Commission
. Meeting
8-3-00
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note: 7-31-00 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.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, August 3, 2000 - 6:00 P.M. - Commission Chambers
1 . Invoeation - Vice-Mayor Johnson.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards - None.
5. Presentations
a) Parks and Reereation Annual Appreciation Award - Given.
b) Supervisor of Elections Update - Deborah Clark - Postponed.
e) Pinellas County MPO - Brian Smith - Pinellas Trail Signage Inventory & Recommendations
Report - Given.
6. Approval of Minutes - Regular Meeting 7/20/00 & Special Meeting 7/31/00 (attorney/elientl -
Approved as submitted.
7. Citizens to be heard re items not on the Agenda
Pat Palmer expressed concern regarding destruction of the natural environment at Route 60 and
McMullen Booth Road to construct an offiee building.
Shirlev Moran expressed concern Code does not provide for enforcement regarding clothing items
hanging on exterior hotel railings. She felt Interim City Manager Bill Horne is an asset to the City
and she hopes he will beeome the new City Manager.
Dan Moran said he is tired of the negativity expressed by eitizens.
Joe Calio and Bob Hanqen requested the Sand Key fire station be put in the 2001 budget.
John Doran expressed concern that the City is only budgeting for 58 % of the expenditures for
items recommended by the Fire Task Force. He said half the expenditures are pushed out to the
sixth year.
Sam Elliott expressed concern that the City Attorney did not answer his July 19, 1999, letter.
The City Attorney indicated numerous responses had previously been sent to the Elliotts and
additional responses are not warranted.
Sonya HauQht requested the City address needs before wants. She requested the Community
Development Code be changed to reflect citizens as the highest priority.
John MaQuire said he hopes the Commission continues the momentum they have had. He said
Mike Roberto listened to the community and addressed a racial issue with a citizen who had
applied for a job. He said the new Code is an improvement. He was sorry to read that
Commissioner Clark did not see the good he has done.
Charles Nims said he experienced racial bias while applying for a job in the City. He said Mike
Roberto made it possible for him to be considered for the job.
John Ta~anari expressed concern with the roundabout.
Bill Zinzow requested cost information regarding moneys paid to Charlie Siemon of Siemon and
Larsen for promotion of the development plan that failed.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing - Declare surplus portion of r-o-w for NE Coachman Road eonveved to City in OR
Book 3977, Page 911, for purpose of selling to FOOT; approve Purchase Agreement with FOOT
to sell said pareel for $14,500 (PWl
ACTION: Declared surplus. Approved.
8/3/00
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9. Public Hearing - (Postponed from 7/20/00) Res. #00-29 - Demonstrating commitment by City to
build a new eommunity sports complex in anticipation of funding from State of Florida, Pinellas
County, & City; approve letter of intent between City and Philadelphia Phillies (GS)
ACTION: Resolution adopted. Approved.
Public Hearing - Seeond Reading Ordinanees
10. Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying east of US19 & west of
Chautauqua Avenue (formerly Main Street)(Dimmitt, V99-13)
ACTION: Ordinance adopted.
11. Ord. #6530-00 - Vacating irregular 40' r-o-w of N. Osceola Ave., lying between Jones St. &
Georgia St., subjeet to applieant granting a new 30' r-o-w, construeting a realignment of N.
Osceola and granting a 20' drainage & utility easement (Osceola Bay Development, LLC, VOO-06)
ACTION: Ordinance adopted.
12. (Cont. from 7/20/00) 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-07l
ACTION: Ordinance adopted.
13. (Cont. from 7/20/00) Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending
9/30/00
ACTION: Ordinance adopted.
14. (Cont. from 7/20/00) Ord. #6568-00 - Amending Capital Improvement Program Report and
Budget for Fiscal Year ending 9/30/00
ACTION: Ordinance adopted.
15. Ord. #6573-00 - Amendments to Community Development Code
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-23) - Approved as submitted.
The following items require no formal publie hearing and are subjeet to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
16. Approval of Purchases per Purchasinq Memorandum:
1) Curb Appeal Landscaping, grounds maintenance for Area 1 - Clearwater Beach; Area II - N.
Clearwater; Area III - E. Clearwater & Area V - S. Clearwater, 8/1/00-7/31/01, est. $98,600 (PRl
8/3/00
2
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2) Laub Maintenanee, Inc., grounds maintenance for Area IV - Countryside, 8/1/00-7/31/01, est.
$27,250 (PR)
3) Bioeube, Inc., one odor control system, $34,816 (PW)
4) Sunshine State One Call of Florida, notification & gas line marking service, 8/9/00-8/31/01,
est. $38,000 (SSS)
5) Dell Marketing L.P., computer hardware (205 Desktop personal computers, 16 notebook
eomputers, & misc. aceessories), $440,054.20; financing to be provided under City's Master
Lease-Purchase Agreement (PO)
6) Com ark Ine., computer hardware (14 laser printers, 5 laserjet printers, 1 GIS plotter, & misc.
aecessories/warranty), $30,847.89; financing to be provided under City's Master Lease-Purchase
Agreement (PO)
7) Good Rentals, misc. equipment rental (tables, chairs, canopies, etc.), remaining portion of
eontraet ending 11/30/00, increase from City Manager approved $24,000 to $44,000 (PR)
8) Florida Roek Industries, Inc., concrete sand, 8/4/00-8/31/03, est. $30,000 (PW)
9) JDL Teehnologies, network equipment (upgrades to support Doeument Management &
Imaging System and inerease level of serviee on City's fiber loop), $63,467; financing to be
provided under City's Master Lease-Purchase Agreement (IT)
17, Agreement with Bank of America, banking services, for 5 years eommencing 10/1/00, est.
$90,000 annually (FN)
18. Purchase one 2001 International LPG Delivery Tanker Truck, Sun State International Trueks Ine.,
$78,396.77; authorize funding through City's Master Lease-Purchase Agreement; authorize
retention of one 1992 Ford LPG tanker to be used as spare truck (GS)
19. Amendment to Lease Agreement with Howard G. Hamilton re South Beach Pavilion to extend
term to 6/30/04 (MR)
20. Amendment to Lease Agreement for corporate name change of Fixed Base Operator at
Clearwater Airpark, from Day Tripper Aviation, Inc. to Clearwater Airpark, Inc. (MR)
21. Contract to Air Distributors, Inc., sell surplus property, 606 Cedar Street, J. J. Eldridge Sub., Blk
0, west % of Lots 43 & 44, for $14,001 (PW)
22. Contract to Andrew Szilagyi, sell 400 sq. ft. parcel of surplus property on north side of Belleair
Rd., in SE ~ of See. 24-29-15, for net $625 (PW)
23. Work Order to Tampa Bay Engineering, Engineer of Record, for sanitary sewage pump station &
force main design, $373,000 (PW)
OTHER ITEMS ON CITY MANAGER REPORT
24. First Reading Ord. #6586-00 - Granting teleeommunications franehise to Adelphia Business
Solutions of Florida, LLC (ED)
ACTION: Approved. Ordinance passed 1 st reading.
25. Environmental Advisory Board - 1 appointment (ClK)
ACTION: Reappointed David Rhame.
26. Enterprise Zone Development Agency - 2 appointments (CLK)
ACTION: Reappointed Rick Rosa; appointed Linda Winfrey.
27. Library Board - 1 appointment (eLK)
ACTION: Reappointed Tom Leavy.
8/3/00
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28. Other Pending Maners - None.
CITY ATTORNEY REPORTS
29. Res. #00-30 - Dedicating Coaehman Park in downtown Clearwater as a Public Park
ACTION: Resolution adopted.
30. Other City Attorney Items - None.
31. City Manager Verbal Reports
In response to a request to address a misunderstanding, Kevin Dunbar said the eover letter and
the bid sheet on a RFP listed 2 different timelines for bidders to respond to a landscaping
eontract. Staff re-bid the contract and solieited bids from the 3 contraetors who had previously
submitted bids. Laub Maintenance, Inc. was the lowest bidder.
Interim City Manager Horne updated the Commission on the Pelican Walk project. Staff is
evaluating additional sourees of revenue for parking needs. Mr. Horne said Garry Brumbaek will
serve as the Assistant City Manager, filling Mr. Horne's previous ehair while he is serving as
Interim City Manager. Mr. Horne said staff received 62 eitizen commendation letters about the
Police Department's support in the community.
32. Commission Discussion Items
a) Oireetion re Commission salary adjustment - Approved staff coming forward with a
recommendation for an annual indexed adjustment.
b) Oireetion re City Manager Search - Human Resources Department is to provide the
Commission with a prospective timeline regarding selecting the group to interview prospective
candidates, etc.
c) Citizen Roundabout Team - Additional information regarding Mission of the Team and names to
be considered will be provided. Discussion ensued regarding staff serving as nonvoting
members. Costs for short term roundabout improvements and a timeline for them to be done
was discussed.
33. Other Commission Action
Clark requested Tom Miller be the City's representative on the Tampa Bay Estuary Policy Board
until after the March Election.
Aungst thanked everyone for their opinions. He feels the City is moving in a positive, forward
direetion.
34. Adjournment - 9:31 p.m.
8/3/00
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM:
Cynthia E. Goudeau, City Clerk 'j
SUBJECT: Follow up from July 31,2000 Work Session
COPIES: William B. Horne, Interim City Manager
DATE: August 1, 2000
In response to questions raised at the July 31, 2000, Work Session, the following answers
are provided in final agenda order:
Item #9 - Resolution 00..29 - Keith Ashby, General Services Administrator, will be
responding to questions raised at the worksession.
Item #16(7) - Good Rentals - The events currently scheduled for the balance of the
contract year are: National Softball Tournament, Downtown by Dusk Concerts, UNO Festival,
Folk Festival, Turkey Trot, Jingle Mingle, and Trail Celebration. Of these events, all except
National Softball Tournament and Trail Celebration will be reimbursed; however, the exact
amounts will not be known until after the events.
Item #24 - Ordinance 6586-00 - two revised pages with item
Item #25 - Environmental Advisory Board - Additional name to consider; application with
.
Item
Item #26 - EZDA - It is my understanding that Miles Ballogg, EZDA liaison, worked with
the Industry Council in submitting Ms. Winfrey as a nominee for this category.
Item #32(c) - Citizen Roundabout Team - The recommended team would consist of eight
people, as follows:
One representative frool the City Commission
Two representatives from the retail community
Two representatives from the neighborhood associations
One representative from the Marina
Two representatives from Public Works
The other questions raised at worksession will be addressed in the final recommendations
to be brought forward at the commission meeting of September 21,2000.
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Pinellas Trail
SiQnaQe Inventory &
Recommendations
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July 2000
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TRAIL SIGN AGE INVENTORY
Proiect i\'lission Statement
The Pinellas Trail continues through several individual municipalities, is maintained by the Pinellas
County Parks Department and was constructed by Pinellas County Public Works. Trail use has increased
substantially since constnlcted 10 years ago, necessitating a review of the Trail / Roadway intersection
signage control. Due to the countywide use and presence of the trail, the intersection signage must be
reevaluated to assure the signage control used is uniform countywide for both Trail users and motorists.
The Metropolitan Planning Organization (MPO) Bicycle Advisory Committee (BAC) has initiated this
signage review to assist the responsible jurisdictions in implementing unifOlm Trail / Roadway intersection
signage eontrol.
General Description of tbe Trail
The Pine lIas Trail is an alternative trartsportation facility cpnstructed on an abandoned rail corridor that
travels within Pinellas County from Tarpon Springs to St. Petersburg. The trail is a 3S-mile corridor that.
passes through eight c.ities and several unincorporated. communities. Various spurs and Neighborhood
Trails connect the facility to other trip ath-actors and generators further enhance the trail.
Trail Intersection Methodolo2V
Due to concerns raised regarding the lack ofunifonn intersection control signage, the rvfPO conducted a
detailed study of the intersection treatments along the Pinellas Trail Corridor. This inventory includes
approaching Trail and roadway signage as well as other attributes that may be used to determine
intersection signage control. The surveys were conducted from March through May 1999. A list 0 f
intersections was generated and field checked by MPO statT and field verification by the BAC Facilities
Subcommittee members. All pertinent information on the intersections was entered into the database for
map and report generation. Attributes were adjusted as necessary to depict the most accurate description
of the intersection in the database. The necessary databases, formats and tables were created in the
countywide Geographic Information System. This system allowed the data to be queried, updated, and .
production of graphics produced for Trail survey results.
Trail Crossine Survey Maps and Re-port
A base report "The Trail Crossing Inventory by Jurisdiction" was generated as a comprehensive list of the
intersection number,jurisdictions, intersecting roadway name, traffic counts, and signage control presently
in place. The base report includes signage recommendations of the SAC Facility Subcommittee as a result
of their field review. Other base reports were generated that included visual obstructions, municipalities,
and other pertinent infonnation of trail interseetions for the BAC study.
Initially two maps and two report~ were generated to show the base information that was gathered. Two
maps were generated; one identified the trail intersection numbers and the other also listed letters that refer
to types of stops at eacn intersection. Both maps also have lists of all intersections and their numbers listed
on the top right-hand side of the map. Two reports were produced at this time. The first one is a
comprehensive list of trail intersections, their numbers, sign attributes, and any other necessary information
about the intersection. The other report is a listing of trail intersection by jurisdiction, and the type of stops.
Another report referred to as "Trail Crossing Inventory by Jurisdiction." was produced for the BAC. "The
Trail Crossing report was generated having the trail intersection numbers in numerical order to assist the
. . SAC in analyzing the signage at the intersections along the Trail.
;;.,
HAC Recommendations
'Recommendations made by the BAC are listed on the attached report under the Signage Recommendation
column. The recommended sign control of the Road Stop/Caution Sign would replace the existing
intersection'signage control identified as 4-Way, 3-Way, or Trail Stop intersections. The BAC
recommended that the road should continue to stop, due to low traffic volume and that a caution sign
would be given to the trail users to alert them to a roadway crossing. The intersections with nJc represent
no change or the need for special treatment or clearer signage. The BAC further recommended that
intersections controlled with a road stop only have a Caution Sign added for the trail users. The
recommendations that are being made to the intersections identified are believed to be beneficial to
motorists and the trail users.
The s,ignage treatment adjustments being recommended by the BAC are based on detailed field review.
Uniform signage treatments along the Pi~ellas Trail and the intersecting roadways will enhance these
facilities orderly and predictable operation.
Proiect Findio1!s .
The goal of the BAC is to make the signage control at all trail intersections, unifonn from one jurisdiction
to another along the Trail. This process will alleviate confusion of Trail users and motorist. These
modifications are needed to eliminate unnecessary stops for Trail users based on the traffic conditions and
travel characteristics of the trail users and motorists. Unnecessary stop' sign usage may encourage both
motoris'ts and Trail users to disregard stop sign controlled intersections which require stop sign control for
the safety of the users. The Trail has been in place for over 10 years and the travel patterns of users and
motorists have been established to the point where unifonn intersection treatment is needed as with all
other transportation facilities. The SAC Facility Subcommittee recommendations are based on a review
of the entire Trail conidor and the operational characteristics of the Trail and intersecting roadways.
Recommendations as of January 24,2000
TR.\IL CROSSING TREATMENT INVENTORY BY JURISDICTION
# INTER- .
ROAD INTERSECTION NAME INTER- SIGNAGE TRAFFIC
SECTION JURIS. SECTION RECOM- COUNT
CONTROL MENDA TrONS
(ROADrrRAIL)
100 St U.S. Highway 19 North Underpass n/c N/A
.
101 TS North Disston Avenue 4-Way Stop Road Stop/Caution Sign N/A
102 Cnty East Live Oak Street Trail Stop nic 2516
103 ' TS North Safford Avenue/East Pine Street 4-Way Stop nic N/A
104 TS North Safford AvenueIE Orange Street 4-Way Stop Road Stop/Caution Sign N/A
105 St E Tarpon Avenue/So Safford Avenue Trail Stop nic-SpeciaL Treatment 16958
106 TS E Lemon Street/So Safford Avenue 4-Way Stop Road Stop/Caution Sign N/A
108 TS So Safford AvenueIE M.L. King]r Dr 4-Way Stop nic- Special TreatItlent N/A
109 TS So Safford A venue/E Morgan Street .3- Way Stop Road Stop/Caution Si&11 N/A
110 TS So Safford AvenueIE Harrison Street 4-Way Stop Road Stop/Caution Sign N/A
112 TS East Curlew Place 4- Way Stop Road Stop/Caution Sign N/A
113 Cnty E KIostennan RoadIRoberts Road Signal nic 16474
114 Cnty., Valley Road 4-Way Stop Road Stop/Caution Sign N/A
116 Cnty Brevard Street 4-Way Stop Road Stop/Caut:ion Sign N/A
117 Cnty Hillsborough Street ~Way Stop Road Stop/Caution Sign N/A
118 Cnty Oceanview A venue 4-Way Stop Road Stop/Caution Sign N/A
119 Cnty Ulelah A venueIMoss Rose Avenue 4-Way Stop Road Stop/Caution Sign N/A
120 Cnty Crystal Beach Avenue 4-Way Stop Road Stop/Caution Sign N/A
121 Cnty Mast LaneIKetch Circle 3-Way Stop Road Stop/Caution Sign N/A
122 Cnty Missouri A venue 3-Way Stop Road Stop/Caution'Sign N/A
123 Cnty Delaw'are Avenue 3- Way Stop Road Stop/Caution Sign .N/A
124 Cnty Florida Avenue 3-Way Stop Road Stop/Caution Sign N/A
125 Cnty Georgia Avenue 3- Way Stop Road Stop/Caution Sign N/A
126 Cnty Virginia Avenue/8th Street 4-Way Stop Road Stop/Caution Sign N/A
127 Cnty Tampa Road 4-Way Stop Road Stop/Caution Sign N/A
128 Cnty Florida A venue/Orange Street 4-Way Stop Road Stop/Caution Sign N/A
129 St Bayshore Boulevard Overpass n/e 25997
130 St Curlew Road Signal nle 13698
131 Dun Trade Winds Drive Trail Stop Caution Sign N/A
132 Dun McMullen A venuelPalm Boulevard Signal nle 3810
133 Dun Michigan Boulevanl Signal nle 4348
135 Dun Mira Vista DriVct 4-Way Stop Road Stop/Caution Sign N/A
136 Dun San Jose Drive- 4-Way Stop Road Stop/Caution Sign N/A
137 Dun San Salvadore Drive 4-Way Stop Road Stop/Caution Sign N/A
138 Dun Wilson Street 4-Way Stop Road Stop/Caution Sign N/A
139 Dun J acksoD Street 4-Way Stop Road Stop/C~UtiOD Sign N/A
140 St Skinner BoulevardfI'ilden Street Trail Stop nlc i 1153
141 Dun Monroe Street 4-Way Stop Road Stop/Caution Sign N/A
142 St Main StreetlRailroad Avenue 4-\Vay Stop nlc 3933
143 Dun Railroad A venue/Scotland Street 4-Way Stop Road Stop/Caution Sign N/A
144 Dun Albert Street 4ftWay Stop Road Stop/Caution Sign N/A
145 Dun President Street 4-Way Stop Road Stop/Caution Sign N/A
146 Dun Lyndhurst Street 4-Way Stop Road Stop/Caution Sign N/A
147 Dun Beltrees Street 4-WayStop Road Stop/Caution Sign 3231
149 Dun Orangt:wood Drive 4-Way Stop Road Stop/Caution Sign N/A
150 Cnty Union Street 4-Way Stop nlc 4482
TRAIL CROSSING TREATMENT INVENTORY BY JURISDICTION
# INTER- ROAD INTERSECTION NAME INTER- SIGNAGE TRAFFIC
SECTION JURIS. . SECTION RECOM- COUNT
CONTROL MENDA TIONS
(ROADlfRAIL)
151 Clw Sedeeva Street 4-WayStop Road Stop/Caution Sign N/A
152 Cnty Sunset Point Road Trail Stop nle 9707
153 Clw Stevenson A venue 4-Way Stop Road Stop/Caution Sign N/A
154 Clw Fairmont Street 4-Way Stop Road Stop/Caution Sign N/A
155 Clw Railroad A venueIMarshall Street Trail Stop nle 9429
156 Clw North Myrtle AvenuelRailroad Avenue Trail Stop nle 12492
157 Clw Blanch B Littlejohn TrVSeminole St 4"Way Stop Road Stop/Caution Sign N/A
158 Clw Blanch B Littlejohn TrVEldridge St 4-Way Stop Road Stop/Caution Sign N/A
159 Clw Jones StreetlRailroad A venue 4-Way Stop Road Stop/Caution Sign N/A
160 St Drew StreetlRailroad Avenue Trail Stop nle 9726
161 Clw North East AveuuelHendricks Street Road Stop nle-Caution Sign N/A
162 Clw Laura Strect/North East Avenue Road Stop nle-Caution Sign N/A
163 St Cleveland Street/South East A venue Signal 'nle 14041
164 Clw Park Street/South East A venue 4-Way Stop Road Stop/Caution Sign. N/A
165 Clw Pierce Street/South-East Avenue 4- Way Stop Road Stop/Caution Sign N/A
. '
166 Clw Franklin Street/South East A venue 4-Way Stop Road Stop/Caution Sign N/A
167 Clw Court Street/South East Avenue Trail Stop nle 11147
168 Clw Chestnut Street/South East A venue Trail Stop nle 9127
169 Clw Turner Street/South East Avenue Trail Stop Road Stop/Caution Sign N/A
170 Clw Druid Road/South East Avenue . Trail Stop nle' 5406
171 Clw Magnolia Drive/South East Avenue Road Stop nle-Caution Sign N/A
172 Clw Jeffords Street/South East Avenue Trail Stop Road Stop/Caution Sign N/A
173 Clw Grand Central Street 4-Way Stop Road Stop/Caution Sign N/A
174 Clw Pinellas Street Trail Stop Road Stop/Caution Sign N/A
175 Clw 1st Street WestlA Street Road Stop n/c-Caution Sign N/A
176 Clw Lakeview Road Trail Stop nle 7874
177 Clw o Street 4-Way Stop Road Stop/Caution Sign N/-A
178 St S Ft Harrison AvenuelEast Street Road Stop nlc-Caution Sign NiA
179 St S Ft Harrison A venue/MeLennan St . . Road Stop nle-Caution Sign N/A
180 St S Ft Harrison A venuelBelleview Blvd Signal nle 27036
181 St S Ft Harrison AvenueIWildwood Way All Way Stop Road Stop/Caution Sign N/A
182 Cnty Ponce De Leon Boulevard 4-Way Stop Road Stop/Caution Sign 4223
183 tar Poinsettia RoadlRoscry Road NW 4-Way Stop Road Stop/Caution Sign N/A
184 tar Mehlenbacher Road. Trail Stop n/e N/A
185 . Cnty West Bay Drive Overpass. n/e 25591
186 Cnty 8th Avenue SW Trail Stop nle 12768
187 Lar 16th Avenue SW 4-Way Stop Road Stop/Caution Sign N/A
188 Cnty 18th Avenue SW 4-Way Stop Road Stop/Caution Sign N/A
189 Cnty Baskin Crossing Road 4-Way Stop Road StoplGaution Sign' N/A
190 St Ulmerton Road Overpass nle 34261
191 St Walsingham Road Trail Stop n/e 9065
192 Cnty 102nd A venue North/Ashley Drive Signal nle 14432
193 Cnty 96th Place North 4- Way Stop Road Stop/Caution Sign N/A
194 Cnty 86th A venue North Trail Stop nle 8086
195 Cnty Park Boulevard North Overpass nle 24366
196 Cnty 74th Avenue North All Way Stop nle 4592
197 .Cnty 113th Street North Overpass nle 27658
198 St Seminole Boulevard Overpass nle 32802
TRAIL CROSSING TREATMENT INVENTORY BY JURISDICT'ION
# INTER.. ROAD INTERSECTION NAME .
INTER. SIGNAGE TRAFFIC
SECTIO~ JURIS. SECTION RECOM- COUNT
CONTROL MENDATIONS
(RO ADrr RAIL)
199 Cnty Seminole Trail 4-Way Stop Road Stop/Caution Sign N/A
200 Cnty Bay Pines Lakes Boulevard 4-Way Stop Road St~p/Caution Sign N/A
20t Cnty 54th Avenue North/95th Street North 4-Way Stop Road Stop/Caution Sign N/A
204 Cnty Park Street North Signal n/c 30217
206 Cnty 38th Avenue North Trail Stop n/c 24045
208 S1. Pete 22nd A venue North . Trail Stop n/c 26738
210 S1. Pete 71st Street North/9th Avenue North Trail Stop n/c 3623
211 St. Pete 5th Avenue North/71st Street North Trail Stop wc 4646
213 Cnty Central Avenueffravelers Way North Trail Stop wc 16784
214 St. Pete Travelers Way South/1st Avenue South Trail Stop ... N/A
, 215 St Pasadena Avenue So/1st Avenue So Signal . 28320
216 . S1. Pete Park C~le SouthlTravelers Way So . Trail Stop ,. N/A
217 . St. Pete 5th Avenue South/64th Street'South Trail Stop rJc N/A
219 St. Pete 58th Street South Trail Stop wc 11290
221 S1. Pete 49th Street South Trail Stop wc 15200
222 St. Pete 43rd Street South Trail Stop Roa~ Stop/Caution Sign N/A
223 St. Pete 40th Street South Trail Stop Road Stop/CautioD Sign N/A
224 St. Pete 37th Street South Trail Stop wc N/A
225 St 34th Street South N/A n/c 37063
.Special Treatment and clearer signage needed: lOS, 108,214,215,216
.Recommended 4 way stop to be changed to road stop and trail caution sign: 112, 116
There should be no problem since the original master plan re<:ommended street stops
... Recorrimend add caution sign for trail users: 171, 175, 178,179
There should be no problem to add caution sign for trail users because the original master plan had no comment for these intersections
.Recommend add road stop and change trail stop to caution sign: 169, 172, 174
There should be no problem because the origin3l master plan had no comment for these interseCtions
.Recommend trail stop to be changed to caution sign: 131
The original master plan recommended trail stop; however, be<:ause of location this changed should be no problem.
*Recommended 4 way stop to be changed to road stop and trail caution sign: 104, 106, 109, 110, 161, 162, 164, 165, 166, 173, 177,
222,223,224
There should be no problem bec:ause the original master plan had no conunent for these intersections
*Recommend 4 way stop to be changed to road stop and trail caution sign: 101,114, 117,118, 119,120, 121, 122, 123,124. 125. 126.
127 128,135,136, 137,138, 139,141,143,144,145,146,147.149.151.153, 154,157,158,159,181.182.183, .187,188, 189, 193.
, .
199,200,201
There might be a problem bec:ause the original master plan recommended the trail stop at these intersections
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AMERICA'S
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TJRlVERS
AGE 108
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Boston has rotaries, or traffic cir-
cles. The rotary was designed with
a belief in the basic goodness of
mankind-a big mistake in Bean- "
town. Technically, the rule is that
drivers must vidd to traffic in the
circle, and on'ce in the circle, they
have: the right of way. In fact, the
rotary is a kind of no man's land
where battles are fought daily.
I enter the Leverett Circle. After
rwo or three circumnavigations, things
start happen~flg. A woman in a green
Chevy wedges in fronc of me just
3S an entering white Bronco, ignor-
ing the right-of-way rule, seems intent
on ramming me before it veers off
at the last second. When I slow as
a precaution; a black Mercedes hooks
angrily and pulls around me: Behind
the whee::! is a woman WIth gray
hair. She gives me the finger.
Escaping from this vicious circle,
112
......-:
..' AMERICA'S WORST DRIVERS
. -.:.~
;~:.Approximately 1200 readers on our Web site and 200 inter~~~
drivers and long-haul truckers were asked to identify the metTopolitanareas....t
. . -'~.... ~:Ji:;'
With the worst dnvers. We used the responses to rank each of the nation's 12 .;~
largest metro areas, also factoring in fatality, insurance and rental-car;ates~
There is no scientific way to compare one city's drivers with another~:-"buf':
here; in order of badness, are our results. ;: . ,': ?!-
:':" 1. Ne.v York
-;...
: .;..,' 2. Bcston
\3. Washington
.. :t~. 4. Los Angeles
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5. Atlanta
6. Detroit
7. Chicago
8. Philadelphia
10. Houston
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This special repon is brought to you thaulls to Yes! magazine. Published quarterly by the
Positive Futures Network, Yes! is a compelling journal that helps foster the evolution of ajust,
sustainable and compassionate future. Given our shared vision, Co-op America and PFN enjoy
worldng together. We encourage you to subscribe to Yes! See the postcQ1d between pages 26
and 27. \Ve hope you enjoy this special repon.
changing the
II
a special report in collaboration with Yes! magazine
!
.
!b;~~~
. y ass Gelbspan
A new millennium should signal renewed
promise. This one, unfortunately, also
comes with formidable challenges. Glob-
al warming has emerged as one of the
most serious problems we face at the
dawn of the 21st century.
The warming of the planet-caused by the
buildup of heat-trapping gases in the atmos-
phere from our burning of oil and coal-is
gathering ominous momentum.
In December, the chief meteorologist of the
United Kingdom and the head of the u.s.
National Oceanographic and Atmospheric
Administration (NOAA) jointly declared that
the climate situation is critical and urged the
world to begin reducing its use of coal and oil
immediately.
Three months later, scientists reporting on the
climate crisis to the United Nations noted an
alarming jump in the ratc of wanning. For most
of the last century, the earth had been heating at
the rate of one degree Fahrenheit per century.
Since 1980, however, it has been heating at the
rate of four degrees Fahrenheit per century.
Unfortunately. a hotter atmosphere translates
into more violent weather. For the past few
years, the planet has experienced a relentless
succession of costly and traumatic storms,
floods, heat waves and droughL<;. In 1999 alone
we saw a rccorci drought in the mid-Atlantic
14 CO,\lP AMERICA Ql!ARHRlY ,\'/lII//'er S 1
states; a heat wave in the Midwest and Nonh-
east that killed 271 people; and a record 304
consecutive days in Boston without snow. In
the 19905, insurance companies lost an average
of $12 billion a vear to extreme weather even ts.
,
And there are warming-driven changes on
the planet even more disturbing than more
volatile weather. Last summer, two islands in
the western Pacific were submerged beneath
rising sea levels. \Vhile these islands are unin-
habited, they are next to two inhabited
islands-and officials are now planning to relo-
cate whole populations to new homes. .
Deep-ocean warming is fueling severe EI
Ninos and most of the earth's glaciers are
retreating at accelerating rates.
The prospects for the fu ture of our civiliza-
tion are very disturbing. Yet in the midst of it
all, there is a very exciting, potentially trans-
fonnativc solution to the global warming chal-
lenge--one that could dramatically increase the
total wealth, stability and equity in the global
economy.
But the solution time is limited: Scientists
recen tly estimated that the world needs to
replace two-thirds of its oil and coal with clean
energy sources in the next 18 years to avert
major disruption. So we have a very small win-
dow of time in which we can begin to pacify
our inflamed climate and begin to heal the
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rwdcsigllates Co-op America Businl'ss Nelwork Member
: ~!~:",<ri'" .;........ .~..:~ '{, . .'-, ,. J::/.i."....,;,;.: _? ~':,,:/ :'/";,.,i'~ =--...',' ."~'j;~
human economic environment as well.
Saving the earth will require action
from all sectors of society-govern-
ment, businesses, communities and
households. Individuals can build the
critical mass necessary to create a citi-
zen force that can demand a timely
response to correct the imbalance. Con-
sumers and investors alike can vote
with their dollars to turn the tide.
To reduce carbon emissions b>' two-
thirds. we have to begin a transition
away from oil and coal and to high-effi-
ciency and renewable energy sources
'"-=-
now. ~.
A switch to renewable and high-effi-
ciency energy sources requires no
decline in our living standards. An
economy based on hydrogen, fuel cells.
natural gas, solar and wind can provide
all the energy we use today and more.
All they need to become economically
competitive 'with coal and oil are mass
markets and mass production.
At the corporate level, progress has
been made. Recently, Mazda joined
Ford Motor Company and Daimlcr-
Chrysler in an 5800 million venture to
produce fuel-cell powered autos. (Fuel
cells combine hydrogen and oxygen to
make electricity with no carbon emis-
sions.)
BP Amoco is gearing up to do S 1 bil-
lion dollars a >'ear in solar commerce
\Vithin the decade, and Shell has invest-
ed $500 million in a nc"..' core renew-
able energy company.
But for this trend to succeed. strong
action by the world's governments is also
required. \Vimout a stmcture of binding
regulation, competing energy companies
will undercut these initiatives by selling
cheaper oil and coal products. The solar.
wind and hydrogen investments by BP.
Shell and others will become money
losers. And the continuing succession of
floods. droughts, storms, epidemics and
insurance losses will tear holes in our
global economic fabric.
- Today, the federal government
spends $20 billion a year to subsidize
fossil fuels. If those subsidies were \vith-
drawn and put behind clean energy
. sources, it would provide a huge incen-
tive for the oil companies to follow the
subsidies and become aggressive devel-
opers of climate-friendly technologies.
~:1~. ~"~;'..t~..,~~.,~...tJ;tl: :e..~'~~'::.~:;'.lj !~'~~;:..
, .,.I"...,J'~~" -). ,i,t. .-f't.t.~),. ,. {,.
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We have an is-year window to
rise to the challenge.
A properly financed energy transition
would generate an unprecedented
worldwide economic boom. A program
to rewire the planet would create mil-
lions and millions of jobs all over the
world. It would allow poor economics
to grow without regard to atmospheric
limits-and without the burden of
importcd oil. And in a very few years,
the renewable energy industry would
become the cemral driving engine of
growth of the global economy.
Another key to saving the environ-
ment lies in the adoption of a progres-
sively more stringent fossil fuel effi-
ciency standard into the Kyoto Proto-
col-a still-undefined agreement by
160 nations to address the climate cri-
sis. If every nation began at its current
baseline to increase its fossil fuel effi-
ciency rate by specified amounts at des-
ignated intervals, that would create an
instant worldwide market for renew-
ables-bringing down their price and
making them economically competitive
with coal and oil.
Finally. we need to develop a fund of
several hundred billion dollars a ycar to
finance the transfer of climate-friendly
technologies to developing nations. Vir-
tually all developing countries would
benefit from going solar. Virtually none
can afford it. Onc potential source is a
tax on highly speculative international
currency transactions. (The idea is sim-
ilar to a tiny tax on stock purchases.)
Today those currency transactions total
$1.5 trillion every day. A quarter-penny
tax on those transactions would gener-
ate $200 to 5300 billion a year to
finance windmill plants in India, fuel
cell factories in Russia, vast hydrogen-
producing, photovoltaic farms in the
Middle East, solar assemblies in El Sal-
vador, and super-efficient, gascfircd
cogeneration plants in South Africa.
The global climate envelops us all.
And our solution time is short. In the
next few pages. \....e provide examples of
what businesses. communities and
individuals are doing to change the cli-
mate. Then we provide you with
resources that can help YOll on the path
to joining the effort.
Remember: \Ve have an I 8-ycar win-
dow to rise to the challenge. The choice
is ours.
I ,
I
I
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!
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I
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,
Ross Gclbspan is a Pulitzer prize will/ler
and author of The Heat is On: The Cli-
mate Crisis, The Cover-up, The Pre-
sCliption, published by Perseus 800115.
Summer 2000 CO.OP AMERIC^ QUARTERlY 15
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Many companies are now revalllping their
factories, headquarters and warehouses
into cool buildings that cut energy use-and
hence greenhouse gas emissions-in half.
~
By Joseph Romm
Some companies are looking beyond the political debate on global warm-
ing to the question of how they can reduce their greenhouse gas emissions
now. Every company can be a "cool" company. As I define it, a "cool" com-
pany is one that cuts its greenhouse gas emissions by 50 percent per
unit product while reducing its energy bill and increasing productivity.
Returns on investment for cool companies can exceed 50 percent and in
many cases, 100 percent.
Most firms today do not qualify as
completely "cool," but many have gone
a long way-from the largest compa-
nies, such as DuPont, 3M, Compaq,
Toyota Motors and Xerox, to the small-
est companies, from the service sector
to light manufacturing to heavy indus-
try. The result is a surprising number of
"cool" buildings and "cool" factories.
About one-sixth of U.S. carbon dioxide
emissions come from energy used in
commercial buildings. However, many
companies are now revamping their fac-
tories, headquarters and warehouses
into cool buildings that cut energy
use-and hence greenhouse gas emis-
sions-in half.
~~
One of the coolest factories in the
U.s. is Malden Mills in Lawrence, Mass-
achusetts. Malden Mills produces tex-
tiles, including the popular Polartec and
Polarfleece fabrics. After a 1995 fire
destroyed their main factory, CEO
Aaron Feuerstein opted to construct a
new building atop the ashes of the
old-while keeping his employees on
payroll-with an eye to lowering glob-
al warming emissions.
In cooperation with the Department
of Energy, Malden Mills installed a
high.efficiency natural gas turbine that
provides both elcctricity and steam to
16 co.a.. AlwlEAlCA QUARTERLY Number 51
the new factory at a low cost. And by
combining more efficient lighting with
occupancy sensors at its warehouse, the
company cut lighting energy consump-
tion by 96 percent. A $350,000 energy
bill is now under $35,000. Overall,
!\1auldin Mills has reduced annual car.
bon dioxide emissions by 30,000 tons.
"'Over the long tenn, it's more profitable
to do the right thing for the environ-
ment than to pollute it," said Feuer-
stein.
Centcrplex, a small business in Seat-
tle, cut energy use in its all-electric
office buildings by 55 percent through
efficient lighting, better windows that
let light in but keep heat out, occupan-
cy sensors, insulation and programma-
ble thermostats. Cemcrplex expects to
increase their energy cuts by at least 10
percent in the future.
Some companies are redesigning
their buildings to boost productivity.
VeriFone, a California manufacturer,
renovated and daylit one of its build-
ings, bringing enough daylight into all
of the officcs that only small task lights
were needed by workers on sunny days.
VcriFone's new design also employed a
system that automatically [lushes out
old air and brings in fresh air every
morning-giving it three to five times
more air recirculation than required by
code. These and other improvcmen ts,
which saved 60 percent of the build-
ing's energy, would have paid for them-
selves in 7.5 years. The productivity rise
of more than 5 percent and absenteeism
drop of 45 percent brought the payback
to under a year.
Other businesses are choosing ener-
gy sources for their buildings that have
lower emissions of greenhouse gases.
Today, off-the-shelf natural gas tech-
nologies can simultaneously generate
electricity and steam with 80 to 90 per-
cent efficiency right at a factory or
building.
One small fiber processor in New
York City installed a cogeneration sys-
tern-one that generates both heat and
power for the building-that cuts its
energy costs by more than half and its
carbon dioxide emissions by one-third,
all with a two-year payback.
Still more companies are finding
ways to make their manufacturing more
efficient. About one-third of U.S. car-
bon dioxide emissions come from ener-
gy used in manufacturing.
Using a lean production system that
minimizes wasted resources and time,
one Toyota Motors plant in California
cut its total energy consumption by
one-third while more than doubling its
output with technology that helped
reduce its defect rate from three per
hundred to zero.
~.cll.aU.e.age
Every company faces different oppor-
tunities and challenges. However, every
company should be able to cut its total
carbon dioxide emissions in half over a
five-year period and, most importantly,
continue improving.
The best businesses are leading the
way in confronting the new challenges
of global warming. \Vhen a significant
fraction of businesses adopt similar
strategies, the country as a whole will
not only easily meet its international
obligations to reduce greenhouse gas
emissions, it \vill also accelerate eco-
nomic growth and job creation.
, ~ ,
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Excerpt adapted from Romm's booh
Cool Companies, Island Press, (800)
828-1302, www.islandprcss.(lrg
Editor's Note: Also see the Green Consumer column
on page 9 for more green business successes.
"
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~.QgkBB~~~~!1qJtgJ1t
In the Words of Reverend Sally Bingham
Global climate change is probably the most serious
environmental issue facing us. Episcopal Power and
Light (EPL) is a national initiative to have the Episco-
pal Church lead the faith community into being emis-
sion-free institutions.
Episcopal Power and light started in California.
where the electricity market has been deregulated. A
church that decides to be part of the EPL initiative signs
up to buy electricity that comes from nonpolluting
sources. It also gets a free energy audit through Green-
Mountain.com.
After the audit, the church picks out the ways it can
save energy, which also save money. It might decide to
change all the light bulbs to compact fluorescent or to
put caulk around the windows and make sure the ther-
mostat is off at night.
In addition to saving energy and money. retrofitting
the churches creates jobs. We're working ,....ith ReEn-
ergize, a branch of the Department of Energy, which
has a welfare-to-work program where eligible people
are trained by licensed electricians to do the retrofitting.
Forty churches in California, including San Francis-
co's Grace Cathedral, have decided to buy green power.
By this time next year, I hope that all of our churches
will do sOo \Ve're also meeting \\ith the bishops in Penn-
sylvania to set up an EPL program for them. Pennsyl-
vania is another state where electricity has been dereg-
ulated.
Best of all, any denomination and any religion can do
it, and they are doing it. Global warming has been the
focus of several conventions around the country put on
by various religious groups, and people outside of the
Episcopalian Church been ,ocry enthusiastic about EPL.
If all the churches in
America were to go
green, it would be a
wonderful step in the
right direction. But
our goal is even morc
ambitious. \Ve hope
all the parishioners
switch to green
power and conserve
energy in their
homes.
Reverend Sally Bing-
ham (pi ctu red) is a
plicst and C]wir of the
Commission [or the
Environment o( the
J
Episcopal Dioccse of
Califo,-nia,
10 reasons to help
~!lsng~~l1,~~~ajg
1 The planet is heating faster
than any time in the last 10,000 years.
2 1998 was the hottest year ever recorded.
3 In 1950, there were 50 million cars on
the planet; today, there are 500 million
cars. More than one-third of all cars are
owned by U.S. residents.
.4 The average U.S. resident
produces five tons of carbon
dioxide each year.
5 The U.S. could achieve
approximately 10 percent of
Kyoto reductions by eliminating
the loophOle that exempts sports
utility vehicles and light trucks
from fuel-efficiency standards.
6 The U.S. needs to reduce energy use
by 35 percent in order to reach Kyoto
accord.
7 The heating of the atmosphere has
changed the timing of the seasons in
the Northern Hemisphere-bringing spring
earlier and winter later.
8 Recent warming in the deep
oceans has caused the
breakup of Antarctic ice shelves:
One piece the size of Connecti-
cut broke off in 1998, and
another piece the same size
broke off in April 2000.
9 The biggest glacier in the
Andes is retreating six times
faster than it was 20 years ago.
10The Greenland ice sheet-the sec-
, ond largest glacier on the planet-
is losing enough ice each year to cover the
state of Maryland with ice a foot thick.
Summer 2000 CO.OP AMERICA QUARTERLY 17
. J" ., t ,; .~" ..... ....;.; ....;.td~ \ ~i~ 'Ii ".. '. .: i .' ~'._/'" '. \.l'..:.....,,~...... ':," .', .~~., ~5-:'.':. :." ", "7'~';"" :-.. .
FIFTtf.r;RADC TLA.CHCR
SEAN SULLlV"'N AND
CCDAR DRIVE
ELEMEN7ARY'S
CRECN TEAM
DISPLA Y THE
RESUL 7S Of A
G"'RBAGC AUDIT.
=e,DAC:tlD~Qls
By Chloe Frommer
In front of a chalkboard banner
that says "ENERGY," fifth-grade
teacher Sean Sullivan shakes a
plastic bag at his classroom.
"Plastic!" several children shout.
"\\That is it made from?" he asks.
"Oil! .,
In the next classroom, a girl with a
clipboard asks a teacher if he turns off
lights during class breaks and when the
room is empty. The teacher nods, and
the girl checks "yes" on a worksheet
entitled "Green Eye Energy Audit."
Dissecting the garbage after lunch,
several children wrinkle their noses at
the piles of juice boxes, plastic bags,
straws and lunch-item containers
they're separating with metal tongs.
They're not yet old enough to drive a
solar-powered car, build an energy-effi-
cient home or vote, but 6- to Il-year-
olds at Cedar Drive Elemental)' School
in Coquitlam, British Columbia, are
doing what they can to save energy.
The less energy used, the less grcen-
house gas enters the atmosphere, notes
Cedar Drive principal Ross Ha.rdin. "If
we all do something, it's going to con-
tribute positively, even if it's in a small
,\",ay. "
The school's conservation program
took off four years ago when Hardin
was approached by the Sage Found;'\-
tion, a Canadian nongovernmental
organization that distributes a curricu-
lum called Destination Conservation.
The Sage Foundation also helps faculty
and janitorial staff plan conservation
programs. The first year of a three-year
program involves training scaff in ener-
gy, solid waste, and water conservation;
the second year emphasizes implemen-
tation; and the third year focuses on
school energy audits. There are now
300 participating schools in British
Columbia alone.
"It's really the enthusiasm and active
participation of the entire school com-
munity that makes the program work,"
says Sage Foundation Director Marlene
Moetz.
Littcrless lunchcs and "cool school
days" are t\.\'o of the resulLs of the enthu-
siasm at Cedar Drive, Once a month, the
children wear hats, jackets, and gloves to
school and the heat circulator is turned
off-lowering the school's temperature
by 8.5 degrees Celsius. Twice a month on
litterless lunch days, students like 11-
ycar-old Amber Bacon bring bulk food
items. After lunch, a green team collects
the trash and discusses what food items
students should avoid in order to dimin-
ish the amount of garbage.
It must be working, In the main hall-
way of the school, a six-foot-\,,'ide line
SEA" ~UlLlV^N
graph illustrates that Cedar Drive has
saved 72,499 kilowatts of electricity,
487 gigajoules of natural gas and
$5,713 in the last year. A percentage of
cash savings will be used to fund future
conservation programs.
The children's new habits extend
beyond the classroom. Inspired by their
children's conscrvation efforts, several
parents now hold fundraisers to help
finance the school's conservation
efforts.
"The goal is to raise the kids' con-
sciousness, and then you start seeing
changes in the greater community,"
says Hardin.
Amber's mother, Nancy Bacon, says
her family used to be "really self-
centered." But when her daughter made
an issue of practicing conservation at
home, she had an epiphany: "Wow, I
am a part of this big world,"
Teacher Sean Sullivan, Dcstination
Conservation's most active supporter,
says that elementary school students
arc especially receptive to learning
about conservation, and they're learn-
ing more than facts. They arc finding
out where energy comes from and
sharpening critical thinking skills. The
implications for Amber arc simple:
"The world is going to go bad if we
waste everything up," says the preteen,
18 CO,OP AMERICA QUARTERLY ,.....1/ 1IltJn 51
WJ dcsignales Co-op America BU.linl'ss "'t'/leor/,; Member
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.t(~J~=lJAOJlle -" ~ i~
By Tracy Rysavy '\~~; f~""
"'.. , 4
It may be difficult to imagine that individuals can ':'J" ,
do anything about the heating of the planet. But -' ' V~'I
TreePeople, a nonprofit organization in Los Angc- .~-?'
les, is showing citizens that they can cool their _.- ::::
neighborhoods by planting trees. "Trees are like
acupuncture needles," says TreePeople founder
Andy Lipkis. "They help heal the earth. ft
Strategic tree planting can shrink borhood gathered for a potluck meal on
demand for fossil fuels, which in turn Frankie's lawn.
reduces greenhouse gas emissions and "The planting gave our neighborhood
improves air quality, says TreePeople a sense of local pride," he says. "Now,
spokesperson Leslie Mylius. "When I when I walk my dog, people will come
plant a tree next to my house, it will outside to talk with me. It wasn't like
shade and cool it and reduce t.he need that before."
for my air conditioning to run on high," The citizen foresters are only pan of
she says. the TreePeople story. TreePeople also
In addition, models developed by the participates in a city-funded Cool
Heat Island Group, a, government-spon- Schools program, in which students,
sored think tank, show that creating parents and teachers plant trees in their
more green space in l.A. could signifi- schoolyards. Since its inception, Cool
cantly reduce summertime high tem- Schools has replaced 60 million square
peratllres. feet of asphalt with green space.
For all these reasons, planting trees is TreePeople collaborates v.;th several
TrcePcoplc'spassion.ln 1998 alone, the other organizations on the T.R.E.E.S,
group trained more than 700 volunteers project, or Trans-Agency Resources for
to care for 1,800 trees on L.A. school Environmental and Economic Sustain-
campuscs and in neighborhoods. ability. The group has a lofty goal-to
But for all the good that maple, oak, retrofit the entire city to maximize
and sycamore trees can do for the city, green space, reduce smog, and save
TrecPeoplc doesn't force its ideals upon
L.A. citizens. To foster a sense of own-
ership, TreePeople maintains high visi-
bility in the city and lets communities
come to them.
Ron Frankie, <l retired deputy chief of
police, approached the group when he
noticed that his neighborhood was los-
ing trees due to neglect and disease.
TrecPeople encouraged FrankIe to enter
their Citi:en Forrstcrs program, where
he spent five Saturdays learning how
to select the right trees, organi;,:e hiS
neighbors fM a planting ilnd mastcr
planting tcchniques.
frankle then wcnt door to d,HH III his
ndghborllllud, .Iskillg for dlllliltiUlls to
cover the Cll~t of eilch trl'C. He..' cxpl'cicd
only i\ handful of households to panic-
ipate, but the n:sponsc was bq'olld his
expect;ttiollS, Together with Tree.Peo-
pic, 60 of the 62 households in Fran-
Idc's wmmunlty helped plant 25 trees,
Once the trees were in pbce, the neigh-
.- 1..
.
,.
........ ,~ ;.
water. Last year, T.R.E.E.S. retrofitted a
1920s bungalow to serve as a model for
hO\\' L.A. can work with nature's cycles
of Oaod and drought. The bungalow
has a heat-reOecting roof and strategi-
cally placed trees cool the house. Spe-
cial drains, downspouts and cisterns
reuse rainwater, Four Cool Schools
sites arc undergoing similar renova-
tions. Next on the list is a 400-acre
community in Sun Valley, which is
expected to be the first watershed retro-
fitted under the T.R.E,E.s, project.
"In the early 'SOs, people in L.A.
thought curbside rccycling was impos-
sible when TrecPcople and other
groups proposed it. BUlllOW in L.A. and
cities all o\'er the U.s., we have curbside
recycling programs," says Mrlius. "We
can plant trees and rebuild our cities to
reduce the heat island effect and do our
part to stop global warming."
Slimmer 2000 CO.OP AMERICA QUARTERL\' 19
CITIZEN FORESTERS IN LOS
ANGCLES ....RE COOLING
AND GREENING THEIR CITY
SY PLANTING TREES,
(ASOVE) STUDENTS IN
THE COOL SCHOOLS PRO.
GRAM HELP PLANT ,~ND
CARE FOR TREES,
ef\;J1-
Clearwater City COlnlnission
Agenda Cover MelnorandUln
Worksession Item #:
Final AQenda Item #
s
MeetinQ Date:
08-03-00
SUBJECT/RECOMMENDA TION: Declare as surplus that portion of rioht-of-way for Northeast
Coachman Road conveyed to the City in O. R Book 3977. Paoe 911, for the purpose of sellino
to the Florida Department of Transportation (FOOT), and approve a Purchase Aoreement with
FOOT to sell said parcel for $14,500, subject to terms and conditions contained therein,
I!I and that the appropriate officials be authorized to execute same,
SUMMARY:
., FOOT is preparing plans to construct an overpass for State Road 55 (U. S. 19) over Coachman Road.
· The City is owner and holder of title to a 4.762 square foot parcel of Coachman Road riqht-of-way at
the southwest corner of its intersection with U. S. 19.
· The 17-foot wide rectanQular parcel was conveyed to the City for nominal consideration in 1973 for
roadway and utility purposes by Quit-Claim Deed from Imperial Motels Corporation.
· The parcel is presently being utilized as improved right-of-way for Coachman Road.
· A 12 inch City water line and a 4 inch qas feeder line underlie portions of the subject parcel. Future
City maintenance of the lines w ill require a FOOT right-of-way permit after conveyance of the parcel.
· The parcel value has been determined by an appraisal performed for FOOT on April 21. 2000 by
Stephen J. Jamir. MAl. The appraiser concluded the parcel. in and of itself. to be an undevelopable
.. remnant" havinq a value of approximately $3.05 per square foot, about 25% of the value of a fullv
buildable parcel at this location.
· The FOOT Purchase Aqreement stipulates the property is necessary for the transportation project and
is being acquired under threat of condemnation pursuant to Section 337.27, Florida Statutes,
· Closing w ill occur VI ithin 60 days following final FOOT acceptance of the Purchase Agreement.
· Upon closing, the sale proceeds of $14.500 w ill accrue in Revenue for Surplus Land code 010-
00000-364220.
P.eviewed by:
Legal ~
Budget ~
Purchasing ~
Risk M gmt _.nlA..
Info Srvc -.N8.-.
Public Works -wJ/!..
OCM/A,CM
Originating Dep}t/
Public W~'fE Barrett)
User Dept.
Costs
NA
Total
Other. Gas
2lf
Current FY
Funding Source:
CI
OP
at her
Attachments
Submitted by:'O ! j"
City Manager ~
Printed on recycled paper
[X ] None
A propriation Code:
[FOOT COACHMAN R.W AGN. ewb 080300.doc]
Rev. 2/98
, .,
pw .1-
PURCHASE AGREEMENT
~
FORM 575-030-07
RIGHT OF WAY
OOC . oe.w
PI". 1 of 3
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
2568881
Seven
N/A
55
Pinellas
100
THIS AGREEMENT is made by and between:
-Cjty of Clearwater, Florida
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation. hereinafter referred to as PURCHASER.
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
I. DESCRIPTION - LEGALLY DESCRIBED IN EXHIBIT "An ATTACHE.D..
(a) tgj Real estate or interest therein, identified as parcel 100 - and shown on Right of Way Maps for
ITEM/SEGMENT NO.: 2568881 incorporated herein by reference.
I:2'J Fee Simple
o Permanent Easement (Section III.(b) does not apply)
o Temporary Construction Easement (Sections III.(b), III.(c) and 1II.(d) do not apply)
o Leasehold .Interest (Sections III.(b and c) do not apply)
(b) [J Personal property identified as follows:
N/A
II.
(c) r.8J Outdoor Advertising structure identified by permit number: N/A
N/A
PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs.
(b) Amount to be paid by PURCHASER to SELLER upon surrender of possession
(c) Itemized purchase price, fees and costs
Land and Improvements
Real Estate Damages
(Severance/Cost-to-Cure)
Business Damages
Attorney Fees
Appraiser Fees
ODA Structure
Other N/A
(Sections III.(b and c) do not apply)
$
$
14,500.00
$
$
$
$
$
$
$
14,500.00
(Specify)
N/A
$
(Specify)
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS
$
14,500.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and conditions
contained in this Purchase Agreement and constitutes the effective date of this agreement. A closing on this contract
shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be evidenced by the
signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the
negotiator's signature in Section VI.
SELLER is responsible for all taxes due and owing on the property as of the date of closing.
O SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall
be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing.
N/A (b)
o SELLER agrees to pay all taxes for the current year.
oVeR
.. , ~
FORM 515-0>>07
RIGHT OF WAY
ooc.~
'ag. 2 of ]
(C) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which PURCHASER
must expend to clear encumbrances shall be deducted at closing from the purchase price shown in Section II. Seller
shall be liable for any existing encumbrances or any encumbrances arising after closing as a result of actions of the
seller. The terms of this sub-section shall survive the closing.
(d) Any extension of occupancy beyond the date of closing must be authorized by the PURCHASER in writing, During the
period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall
exercise diligent care in protecting the property from theft and vandalism. All property, whether real or personal,
included in this agreement shall be delivered ta PURCHASER in the same condition existing as of the effective date of
this agreement, less any reasonable wear and tear.
(e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under threat
of condemnation, pursuant to Section 337.27, Florida Statutes.
(f) (gJ The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) (Form No.
575-070-12) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit ta9(s)
at or prior to receipt of payment for the ODA structure.
(9) Other:
IV. CLOSING DATE
This transaction shall be closed and the instrument of conveyance delivered within 60 days of the date of final agency
@ acceptance.
This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final
o agency acceptance.
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties. shaH control all
printed provisions in conflict therewith. All addenda, whether typewritten or handwntten, attached hereto must be referenced
and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser,
There 0 is @ is not an addendum to this agreement.
VI. IN WITNESS WHEREOF, THE SEllER(S) have caused these presents to be executed in their respective name(s).
SELLER:
CITY OF CLEARWATER
SIGNATURE BLOCK IS
Signature ATTACHED AS PAGE 3
PURCHASER:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Date
BY:
Name (Please Type or Print)
Social Security # I Federal Tax 1.0. #
Name (Please Type or Print)
Signature
Date
DATE:
Name (Please Type or Print)
Social Security # / Federal Tax 1.0. #
ITIIn~-D
VII. FINAL AGENCY ACCEPTANCE
IN WITNESS WHEREOF, the District Right of Way Manager has caused these presents to be accepted this
day of
~ District Right of Way Manager
Assistant District Right of Way Manager
District Production Director
District Secretary
RECYCLED PAPER *
, ,
,.' ,
-,', ",.
-.'. ......."
ITEM/SEGMENT NO.:
t-1ANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
Page 3 of 3
2568881
SEVEN
NLA
5S
PINELJ.AS
100
Countersigned :
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst, Mayor-Commissioner
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA :
COUNTY OF PINELLAS
: S5
BEFORE ME, the undersigned authority, personally appeared Brian J. Augnst, Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes set
forth, and who is personally known to me.
WITNESS my hand and seal this _ day of
.2000.
Notary Public - State of Florida
Print/type name
STATE OF FLORIDA
COUNlY OF PINElLAS
: S5
BEFORE ME, the undersigned authority, personally appeared Michael J. Roberto, the
City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this _ day of
, 2000.
Notary Public - State of Florida
Print/type name
Approved as to form:
John Carassas, Assistant City Attorney
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IJr;;r,t; IMPER~ MOTELS CORP..
, 4. D, 197;3 ,
Pinellu OM St4teol Florida
o!'ld CITY OF CLEARW1\TER, FLORIDA,
Post Office Box 4148, Clearwater
, 01 the County of
po,rtv 0" tlul jlrlt pari,
, 01 the County of
Pinellas and State of Florida 33518 pa.rtv of the second part.
mUlltssrth. fJuz,t tlu laid, party of the I1rlt part~ for and in consideratum of
the ""m of Tan -Dollars and other valuaOle cons1derations-------~
in Ao,nd paid by fM laid party of ~ ,econd part, the receipt whereof i.. hereby acknowz,.
edted, 1uu remised, released and f/U,itclaimed, and by tJu6e present.s does remue,
r.elea.re a.nd quitclaim unto the said party of the 8econd part all the riJht, tit~, illtereat
claim and dem"a,nd u'hit;h the said party of the first part ha.I in and to the followinJ
tUlcribed lot , pieu Dr parul o/land, situate lyin.1 and beinJ in the County of
pinellas &au of Fkrida, to wit:
Right-of-Way for S. R. 590 A (HE Coachman Road):
17.0 foot parcel of land for roadway and utility purposes lying South
of and adjacent to the Northerly line of the following described parcel.
FrOM the NE corner of Section 7-29-16, run S 0054'44" W, along the
centerline of US 19. 89.58 feet: thence N 89005'16" W, 100.0 feet to a
point on the West right-of-way line of u.s. 19, said point being the
point of beginning: Thence S 0.54'44~ W, along said West right-of-way
line of U.S. 19, 641.0 feet, thence N 89005'16" West, 235.85 feet: thcnc
N 0.53'39" East, 490.65 feet to a point of the South right-of-way line
of S. R. 590: thence N 58024'45" East, along said South right-of-way
line of S. R. 590, 279.83 feet to the Point of Beginning.
SUbject to easements and restric~Jons of record.
QIn'lInne nub t1t Jlnlh 1M 'ame, to/ether with all and Iin~ t1u
a.pPU7Unanca thereunto belonJinJ or in, a.nywile apperlaininJ, and a.ll tM estate,
rilh.t. tit~, interest and clo.im whatloever of tJu laid pa,rty of tJut: ftrlt part, either in
~ 07' ~itv, to tM only proper 1t8e, benefit and IN-hoof 01 the ,aid ~ty 't~~.~4:~~~
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3Jn llIUnes,6 IDl1rrrnf. eM ,aid parfY of t/us ftr,t part 1u1~ ~:rel(ita ~e1~~~~..
ha.nd and seal the day cin.d year first above wntten. ". . " .} , ...;. ,. ".
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Item #9
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~Clearwater 9
u
Interoffice Correspondence Sheet
From:
Mayor and Commissioners
Cyndie Goudeau, City Clerk~
Bill Horne, Interim City Manager; Keith Ashby, General Support Services
Administrator
To:
CC:
Date:
July 28, 2000
RE:
Stadium Item
Attached is the cover item and Resolution for the Stadium and Phil lies letter of intent.
The letter of intent is still being drafted and is not attached to the item at this time.
The construction ora new Community Sports Stadium and the letter of intent will be
the subjects of the Special Public Hearing scheduled for 6:30 p.m., Tuesday, August 1, 2000.
. t...~/" ,l,,';.>'~ ~. -.\' >r' .. ......; .; ,..". I ~.... " ".,..' .~ ~ .j.' ~""~ i....:, ',.. ';-..: \' J~.\' '~...' ?,.," I 1 ".: ":' l~:" ; -.:~ ',:. ' ;; \.' ~/' , ~ ,,, \:" I,)!' ,::: \ ,:.;' ~ II' ~. ,~ .~ .~ it;';. . t:! .:-..,. -' ":" K, ~ " ~ ~ '
e
GS~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
Meeting Date: 6. 3., 00
SUBJECT/RECOMMENDA liON:
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, and approve a letter of intent between the City of Clearwater and the Philadelphia Phillies,
o 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 amenities for fans.
· 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 Phillies 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.
o 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.
. The letter of intent between the City of Clearwater and the Philadelphia sets forth the broad outline of the
economic terms contingent upon a definitive LIse agreement.
NA
Originating Dept.:
Genl'ral Support Serv.if"1
Alicia Farrell ./I(/~
User Dept.:
Costs
Reviewed bYUf::~ '
legal l-
.
Budget NA
Purchasing NA
Risk Mgmt NA
Info Srvc
NA
Current FY
Funding Source:
CI
OP
Other
Public Works
DCMlACM
Other
NA
Attachments
Submitted by: 1). A~
City Manager ~
Printed on recycled paper
~
o None
A ro riation Code:
't' . I" t \ ~ '\ I, l' , " l \ '1 ~ .'. ~ " I ... , f\ , ". _ !.. " " \ ',':' It,' . ,A f~ ,/ I': \ . \ f ' ,
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 STATE
REVENUES AS PROVIDED IN CHAPTER 2000-186, LAWS
OF FLORIDA; REQUESTING PINELLAS COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVE A NET SEVEN
MILLION DOLLARS IN TOURIST DEVELOPMENT FUNDS
FOR A COMMUNITY SPORTS COMPLEX; PROVIDING
THE CITY'S FINANCIAL COMMITMENT AND APPROVING
A LETTER OF INTENT WITH THE PHILADELPHIA
PHILUES AND AUTHORIZING ITS EXECUTION
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Office of Tourism, Trade, and Economic
Development will accept applications on October 1, 2000 that will provide for the use of
state 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 Phillies in conjunction with spring training activities; now,
therefore,
BE IT RESOLVED BY CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. In order to obtain State funding in the amount of seven million
dollars and seven million dollars from Pinellas County, the City of Clearwater will, in
concert with the Philadelphia Phillies provide at least seven million dollars toward the
cost of a new community sports complex.
Section 2. The City of Clearwater will build a new community sports complex
contingent upon receipt of adequate funding.
Section 3. The City of Clearwater hereby requests that the Pinellas County
Board of County Commissioners approve a net seven million dollars in tourist
development funds as county funding of the new community sports complex project
costs.
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Section 4. The letter of intent with the Philadelphia Phillies, a copy of which is
attached, is hereby approved and the mayor is authorized to . execute such letter on
behalf of the City.
I
:
,
PASSED AND ADOPTED this
day of
, 2000.
Section 5. This resolution shall take effect immediately upon adoption.
Brian J. Aungst
Mayor-Commissioner
l1~as to fo~:
Pam Akin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
,,:; ,:.',. '..:~
" ".~
Sent 8y: The j~1111es :xecutlVp. C~flce
21 5 .t 63 g4 :.s.j i
Aug.3-QQ ~4:44j
Page ~!,1
'.
,e...
9
August 3, 2000
The Honorable Brian J. Aungst
Mayor-Commissioner
City of CIe-dI'"';ltt:r
City Hall
112 S. Osceola A\'l.:nuc
Clearwater, fl. 3461 g
Rc: Proposed Studium Proiect
Dear 1\1.ayor Aungst:
This is a icttcr of intent setting tQt1h in very basic terms Lhe fralm:wurk.lol' an agreement
to be negotiated belween The PhilHes. a Pennsylvania limited partnershlp, domg business as the
Major League Baseball Club known as the Philadelphia 'Phillies (the "Phil1ics") and the City of
Clearwater, Floriua (tht:: "Cily") T~gaHlin~ the planning, designing, fInancing, development and
constroction of a new baseball stadium and ancilla..ry facilities and improv~mcnts that can be used
by the Phillies for professional baseball g:uncs and practices and otheT appropriate events (the
"Project").
It is our understanding that Pinellas COllnty has established a scll~clule for coni\ideration
of the use oftourist dcveloplnent fhnds to pay some of the c-os1s of the Project that requires some
docwnentation of the intent of the paI1l(:s. At this point we arc very early in the process for
establishing the terms of any definitive agreement between the Phillies and the City for the
development and use of the Project. Ne\'Crlhc1css~ in the interest ofn:oving forward with the
planning lor the Project, the Phillies are prepared to expeditiously negotiate such an agreement
with the City and at this lime to agree on the framework for proceeding and the broad outline of
the retationsllip betwee,n the City and th;; PbilEcs as we go forward.
Subject to further discussions, negotiations and preparation and tlpproval, execution and
delivery of definitive agreemenu (including in respect of the financing anll the appropriate
location for the Projecl), lh~ Phillics and the City agree as follows:
The: Philllo -Veh:!"."", Sl.4ll1lurn -fl.O. Bill( 7~7S .PhilaJelr.h~. PA l~tOI
r:x~1Jthl:' Oflic4!s: (2ISj.fbJ-6000 .S..2cg OtflCe: (2IS) 463.5000 6Ticl:tt Oftkc (:!I~) 41>3-1000
Sent By: ~he =hlllles ~xecut1v~ C~flC~
215 463 9434 j
Aug.3-00 14:.i.l;
Page 3.'4
The Honorahlc Brian 1. .,",unt{!\t
August 3>> 20f)0
Page 2
1. Use: of .Pn~jett. fhe Philhes commit to using the Project for the. spril1g Lraintng
4cli",ili~s oftht:! Major League B~scbill1 c1nb~ including playing e'(hihilion baseban games, for a
pC'riod that \vi11 h~ sufficient to s<2tlsfy thl: rcquin:.mcnt5 of tbe lcgislat:o:l recently approved by
the Florida Legislature and th~ Go"emor Ih:lt provides stare funds to pay Sf,me oithe c05ls of a
proJ('ct such as this.
2. Planning & Designing rhe Proiect. The Phi11ies aml the City '.",ill c.oop~ra1t' with
each other in rhe planning and design of the Project, including the programming for lhe Pro.~eC't,
the selectiou ofdeSlgr1 professionals, and ~he design of the Project. The precise re~ationsh.ip and
fl)le orthe two partics will be detcrruL'1ed through negotiation ora development ngreement 7(~r
1he Project.
3. financing the Project. IllS our lmJljr~liUJding from discussior:s with City
officials thal the Project will JC financed through ~ combination of sources, funds from the State
of Florida received through the recently cnacted spring training facilities leGislation wi II total
Five Hundred ThQusand Dollars (5500,000) pt.:r year for 30 years to pay some of the developr.lcnt
cost of the Project. Pinellas CountywiU pro'vice a net Seven 1vfillion Dollars (S7,OOO.OOO) of the
development costs from tourist development funds. Finally, the City and the Phillics will
provice the remaining WIlount necessary to complete the Project, whkb shall be Seven Million
Dollars ($7.000.000) or mQre, The nature and extent of those revenues will be negotiated
oel"\'leen the Phillics and the City and im:! uued in the dcfmitive use :lgreem~nt.
4. PinellClS Suncoast Promotion. The .l'hillies recognize tl:at the source of funds
from 'Pinellas County to partially finance the costs of the Project will be u~rived from the tounsl
development tax collecled from those inc.ividuals who stay in hotels, motels and other transient
occupancies in the county. Accordingly, the Phillies acknowledge that to continue the viability
of that funding sOllrce it is imperative that lndividuals continue to stay in hotels, motels and other.
transient occupancies to provide such tourist development lax revenues. The Phillies
acknowledge that marketing and promotion of tile Pinellas Suncoast is necessary to m~inluin lhb
source of revenue. To help acCt)mplish that. the Phillies agree that, subject to the terms of a
detinith'e ~ccn1cnt and existing e<>ntractual obligations. adyertisements prcmoting the Florida
Sunc(last may be included in programs for PhiIJies' spring training and regular season baseb~IJ
games>> electronic messClge board advertising in the spring training and regular scnson stadiums
and time on Phimcs~ radio and tele....ision broadcasts, at levelti to be negotiated.
The broad outline of the rela1.ionship between the City and the Philties and the respective
Tesponsibilitil.:s of each set forth herein is acceptable to the City find the Phi llies as a basis for
determining Ute tentls of a detinitive agreement between the parties. Acceptance of the terms set
forth herein by the parties is subje<:t to the negotiation. approval and cxcrution of ,1 definitive use
"
\;1,
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,
,~., ':'."
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Sent By: The ~nlll1&6 ExecutlYf C~11CO ; 215 463 9434;
Aug.3-00 14:45;
Page 4/4
.
The Honorable Brian J. AWlgst
Augusl 3, 2000
Page J
agreement a.ud agreement for the developUlent of tbe: Project whieh will address these and other
mancrs in more detail and will address additional matters not included herein. The delivery of
this letter does not constitute an offer by the Phillies and acceptance and approval by the City
docs not constitute an acceptance of any offer by the Phi1lies) and such act lOllS do not cons~itute,
result in or be deemed to have created a contract between the parties. The intent of this lel\er 19
to establish the basic terms of an agreement to be negotiated between the parties. Upon
acceptance of this letter by the City, the parties will proceed expeditiously to diligently
commence negotiation of definitive agreements to be presented to the purties in the near future
and before the deadline for filing an application with the Stat~ of Florida ti1}, state fund" for the
Project.
The Phillics have enjoyed a long standing cordial relationship with the City and the
people of Clearwater and we look forward to a mutuallybenefici3.l and enjoyable relationship
that will keep professional baseball in Clearwater for many years to como,
Sincerely,
J~ g)r(~
David P. Montgomery U ?
_ President & CEO
," .' "..,
~~'l
~~
I tJ '}--
SUBJECT: PROPOSAL DRAFT: PRESENTED TO THE CITY OF - (
CLEARWATER COMMISSIONERS FOR REVIEW, DEBATE AND ADOPTION.
SUBMlrrED: 8-3-001 SPECIAL PUBLIC HEARING/Community Sports Complex
FROM: N. A. LUPO AND All OTHER SO CONCERNED. CARING CLEARWATER TAXPAYERS & RESIDENTS.
CONTRIBUTIONS TO BUILD A
NEW PlllfflEf $20+ MILLION
DOLLAR STADIUM
A.K.A. COMMUNITY SPORTS COMPLEX
Suggested 'BUILD STADIUM (BS)' PHILUES
DONATIONS COMMITTEE MEMBERS:
. KEITH ASHBY, GENERAL SUPPORT
ADMINISTRATOR/JOHN TIMBERLAKE, DIRECfOR OF
PHILUES FLORIDA OPERATIONS.
. DAVID MONTGOMERY, PRESIDENT & CEO OF THE
PHILUES & ALL OTHER TEAM CORPORATE
EXECUTIVES AND/OR STOCKHOLDERS.
. CITY OF CLEARWATER COMMISSIONERS &
ADMINISTRATORS WHO SUPPORT THE NEW
STADIUM.
· ALL CITY AND COUNTRY 'SPORTS FANS' WHO LOVE
THE PHILUES SPRING TRAINING TEAM.
· BUSINESSMAN, HOYT HAMILTON, WHO EXPRESSED &
REPORTED IN THE CLEARWATER TIMES(8-2-00) PG.6,
AS REPORTED TO SAY ON 8-1-00; 'The Phillies are
such a wonderful people in the community, it would be
a travesty to lose them".
. Any other 'special interests' OR INDIVIDUAL (5) that
stand to benefit from this new 'community sports
stadium'.
~UIL{) 5TA{)/UM [1?5] c.OMfv1/rre6 MISSION STATeMeNT:
IN GENERAL, THE COMMIlTEE [and it's members] PURPOSE FOR THIS 'PASS
THE HAr COMMUNITY ENDEAVOR IS TO SeEK AND COLLECT VOLUNTARY
CONTRIBunONS FOR FUNDING & BUILDING A NEW SPORTS SfADIUM.
IT 15 AL50 /Z650LV&O THAi:
. THE COMMI1TEE VOLUNTEERS REALIZE THAT THERE ARE MANY
Jl:iOUSANDS OF UNINTERESTED CITIZENS OF CLEARWATER AND
PINELLAS COUNTY... AND THEY SHOULD NOT HAVE TO PAY FOR THIS
PROJECT WITH THEIR STATE, COUNTY OR CITY PUBLIC TAX DOLLARS.
. WE AGREE WITH GOV. BUSH, PER 71MES ARTICLE DATED 4-28-99
SAYING; "It is a privilege to spend other people's money...What goes
ultimately to fund a special project comes straight from the dinner tables
or working class families, the desks of schoolchildren and the savinrPOf
our elderly". 1f~"-r. .
. Per City Charter, crnZENSjNlI::( HAVE TO APPROVE THIS IN ANOTHER
CITY ELECTION REFERENDUM and like the last 'fast track' proposed
convoluted measure, this also COULD VERY WELL BE REJECfED!
THEREFORE IT WOULD BENEFIT US TO RATHER SEEK DONATIONS TO
BUILD OUR NEW STADIUM.
. TO DEMONSTRATE OUR SINCERITY AND COMMITMENT TO THE
COMMUNITY, WE .-^FE TAKING UP THIS COlLEcnON AS WE
UNDERSTAND THERE;MANY MORE PRESSING COMMUNITY ESSENTIALS
& CONCERNS THAT FIRST NEED TO BE SUPPORTED AND FUNDED
BEFORE MILUONS Of PUBLIC TAXES GO TO A NON-PRIORITY NEW
FANCY COMMUNITY SPORTS COMPLEX, PRIMARILY INTENDED FOR A
FEW SPRING PROFESSIONAL BASEBALL GAM ES.
. WE UNDERSTAND THERE MAY BE SERIOUS PROBLEMS WITH THE
PROPOSED LAND SITE AND AGREE TO BE RESPONSIBLE FOR POSSIBLE
STADIUM PROBLEMS AND SUBSEQUENT COSTS IN THE ADJACENT AREA
(5) TO INCLUDE THE COLLEGE HILL ESTATES NEIGHBORHOOD BEING
PLAGUED BY SINKHOLES AND BAD DRAINAGE.
. WE WILL ALSO PLEDGE, IF NECESSARY, TO CONTRIBlJfE TO ANY
COST OVERRUNS AND OTHER CITY SERVICES THAT MAY BE NEEDED TO
SUPPORT THIS STADIUM IN THE YEARS TO COME...
NOTE: TO WHOM IT MAY CONCERN
(IF INTERESTED IN JOINING THE BS COMMmEE AND FOR ADDmONAL
INFORMATION OR IF YOU CARE TO MAKE A CONTRIBUTION BEING A
PHILUES SUPPORTER, CONTACT CITY ADMINISTRATOR MR. KEITH ASHBY)
. ' ~::.,.., . ':-.; ,'" I".' .
..~ h ,
~I\J~
ORDINANCE NO. 6476-00
\.0
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE 60-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-af-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
July 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Cynthia E. Goudeau
City Clerk
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Assistant City Attorney
Attest:
Ordinance No. 6476-00
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Crd. 6476-00
Vac. 99-1.3
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Drawn_ 3y:" D.King
Date: 11/04/99
McCCRMICK
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CITY Of CL2A.R','{AT2R, FLORIDA
?U8UC 'HaRKS ..\O\iINfSTRAT:ON
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Ordinnnce No. 6476-00
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ORDINANCE NO.6530-00
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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-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: 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
CleanNater 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.
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
July 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Leslie K.. Dougall- i es
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6530-00
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Exhibit "A"
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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ORDINANCE NO. 6552-00
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 40-FOOT RIGHT-OF-WAY OF
SADLER STREET LYING EAST OF BAY AVENUE AND
WEST OF REYNOLDS AVENUE TOGETHER WITH THE 40-
FOOT RIGHT-OF-WAY OF BAY AVENUE LYING NORTH
OF PINELLAS STREET AND SOUTH OF THE NORTH
RIGHT-OF-WAY LINE EXTENDED OF SADLER STREET,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
OVER BAY AVENUE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Morton Plant Mease Health Care, 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:
40-foot right-at-way of Sadler Street lying East of Bay Avenue and West of
Reynolds Avenue together with the 40-foot right-of-way of Bay Avenue lying North
of Pinellas Street and South of the North right-of-way line extended of Sadler
Street, which can be found in the Plat of Bluff View Court, as recorded in Plat Book
1, Page 69, Public Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City ot Clearwater releases all of its right,
title and interest thereto, except that the City of Clearwater hereby retains a drainage and
utility easement over that portion of Bay Avenue described above for the installation and
maintenance of any and all public utilities thereon.
Owner agrees to accept ownership of all existing and abandoned sanitary sewer
facilities remaining within the vacated portion of Bay Avenue right-of-way from the inlet of
the existing manhole in the Pinellas Street right-at-way up to the South right-of-way line of
Jeffords Avenue.
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.
Ordinance No. 6552-00
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PASSED ON FIRST READING
June 15, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
n Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6552-00
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ORDINANCE NO. 6567-00
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AN ORDINANCE OF THE CITY OF CLEAR WATER., FLORIDA, ~"tENDING TIlE.
OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2000 TO
REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES
FOR THE GENERAL FUND, SPECIAL PROGRAM FUND, SPECIAL
DEVELOPMENT FUND, GAS FUND, SOLID WASTE FUND, STORMW A TER
FUND, RECYCLING FUND, MARINE FUND, PARKING FUND, ADMINISTRATIVE
SERVICES FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2000, for operating purposes,
including debt service, was adopted by Ordinance No. 6457-99; and
WHEREAS, at the Mid Year Review it was found that an increase in expenditures of $805,310 is
necessary in the General Fund; an increase of $291 ,250 is necessary in the Stonnwater Fund; an increase of
$220,140 is necessary in the Gas Fund; an increase of $157,700 is necessary in the Solid Waste Fund; an
increase of$121,190 is necessary in the Recycling Fund; an increase of$250,000 is necessary in the Marine
Fund; an increase of $29,630 is necessary in the Parking Fund; an increase of$I,500,000 is necessary in the
Administrative Services Fund; an increase of $1,438,617 is necessary in the Special Program Fund; an
increase of$42,791 is necessary in the Special Development Fund; and that sufficient revenues are available
to cover these additional expenses; and
WHEREAS, a summary of the amended'revenues and expenditures is attached hereto and marked
Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for
the expenditure of money for proper purposes not contained in the budget as originally adopted due to
unforeseen circumstances or emergencies arising during the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEAR WATER., FLORIDA;
Section 1. Section 1 of Ordinance No. 6457-99 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year
beginning October 1, 1999 and ending September 30, 2000 a copy of which is on file with
the City Clerk, the City Commission hereby adopts an amended budget for the operation of
the City, a copy of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 15. 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Comm issioner
Approved as to fonn:
Attest:
JL
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
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EXHIBIT A \3
1999-00 BUDGET REVENUE
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
1999/00 1999/00 1999/00 Amendments
General Fund:
Property Taxes 23,856,090 23.856.090 23,856,090
Sales Tax 5,366,000 5,366.000 5.366,000
Franchise Fees 8,060,000 8,060.000 8,060,000
Utility Taxes 15,700,000 15,700.000 15,700.000
Ucenses & Pennits 3,132,000 3,132.000 3,236,600 104,600
Fines. Forfeitures or
Penalties 1.239,000 1,239.000 1,239,000
Intergovernmental Revenue 8.805,540 8,595.540 8,595,540
Charges for Services 1.668,770 1,668,770 1,668,770
Use and Sale of City Property
and Money 1.308,900 1,308,900 1,309,650 750
Miscellaneous Revenues 150,500 152.750 152,750
Interfund Transfer 10,166,340 10,277,400 10,277,400
Transfer from Surplus 510,000 165,093 1,465,053 699,960
Total, General Fund 79,963,140 80,121,543 80,926,853 805.310
Special Revenue Funds:
Special Development 11,730,400 11,844,802 11.881,593 42,791
Special Program Fund 2,300.000 4,981,249 6,419,866 1,438.617
Utility & Other Enterprise Funds:
Water & Sewer Fund 40,660,130 40,270,130 40.270,130
Gas Fund 21,811.540 21,811,540 22,133,660 322,120
Solid Waste Fund 14,621.030 14.677,030 14,910,940 233,910
Stonnwater Utility Fund 4,115,000 4,715.000 4,980,190 265,190
Recycling Fund 2,200,350 2.246,350 2,370.320 123,970
Marine Fund 2,163.600 2,163,600 2,423,600 260,000
Parking Fund 3,253.280 3,253,280 3,282,910 29,630
Harborview Center Fund 2,164.170 2.164.170 2,164.170
Intemal Service Funds:
Administrative Services Fund 7,399.680 7.399.680 8,899,680 1,500,000
General Services Fund 2,880,180 2,908,380 2,908.380
Garage Fund 8,142,820 8.142.820 8,142,820
Central Insurance Fund 10,963.860 10,983,660 10,983.860
Total, All Funds 214,995,180 217.683,434 222.704,972 5,021,538
Ordinance #6561-00
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EXHIBIT A (Continued) \3
1999-00 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
1999/00 1999/00 1999/00 Amendments
General Fund:
City Commission 196,260 197,040 197,040
Administration 3,255,020 3,058,250 3,058,250
Legal 1,192,110 1,203,510 1,203,510
City Clerk 1,053,920 1,081,680 1,061,680
Financial Services 1,841,610 1,866,240 1,866,240
Human Resources 1.013,970 1,022,220 1,022,220
Police 25,971,230 26,155,960 26,155,960
Fire 13,462,340 13.680,490 13,680,490
Planning & Development Services 3,915,670 3,945.820 4,050,380 104,560
Public Works Administration 6,983,670 7,051.560 7,051,560
Parks & Recreation 12,331,200 12,422,710 12,438,460 15,750
Library 4,384,350 4,423,730 4,423,730
Marine - Pier 60 299,470 301,520 301,520
Marine - Sailing Center 141,000 142,400 142,400
Marine - Airpark 12,270 12,270 12,270
Non-Departmental 3,909.050 3,576,143 4,261,143 685,000
Total, Genenl Fund 79,963,140 80,121,543 80,926,853 605,310
Special Revenue Funds:
Special Development Fund 11,730,400 11,844,442 11 ,887,233 42,791
Special Program Fund 2,200,000 4,881,249 6,319,866 1,438,617
Utility & Other Enterprise Funds:
Water & Sewer Fund 40,654,380 40,264,380 40,264,380
Gas Fund 21,439.840 21,258,840 21,478,980 220,140
SoUd Waste Fund 14,624,780 14,624,780 14,782,480 157,700
Stonnwater Utility Fund 4,688,940 4,688,940 4,980,190 291,250
Recycling Fund ' 2,200,000 2,235,000 2,356,190 121,190
Marine Fund 2,032,160 2,032,160 2,282,160 250,000
Parking Fund 3,252,910 3,252,910 3,282,540 29,630
Harborvlew Center Fund 2,163,800 2,163,800 2,163,800
Internal Service Funds:
Administrative Services Fund 7,338,130 7,338.130 8,838,130 1,500,000
General Services Fund 2,822,700 2,850,900 2,850,900
Garage Fund 8,049,280 8,018,880 8,018,880
Central Insurance Fund 9,526,450 9,526.450 9,526,450
Total, All Funds 212,686,910 215,102,404 219,959,032 4,856,628
Ordinance #6567-00
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ORDINANCE NO. 6568-00
AN ORDINANCE OF THE CITY OF CLEAR W A TE~ FLORIDA. AMENDING THE .
CAPITAL IMPROVEMENT PROGRAM REPORT AND BUDGET FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2000, TO REFLECT AN INCREASE IN
BUDGET EXPENDITURES TO EXPAND THE SCOPE OF PROJECTS IN THE
FUNCTIONAL CA TEGORlES OF FIRE PROTECTION, PARKING, LAND
ACQUISITION, PARK DEVELOPMENT, AND MISCELLANEOUS, AND TO
REFLECT A DECREASE IN BUDGET EXPENDITURES TO REDUCE THE SCOPE
OF PROJECTS IN THE FUNCTIONAL CATEGORIES OF POLICE, BUILDING
MAINTENANCE, GENERAL PUBLIC BUILDINGS & EQUIPMENT, AND
STORMWATER UTILIlY, FOR A NET INCREASE OF $1,263,205; PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, the Capital Improvement Program Report and Budget for the fiscal year ending
September 30~ 2000 was adopted by Ordinance No. 6458-99; and
WHEREAS, unanticipated needs necessitate an increase in expenditures for the following: Fire
Protection $925,928; Parking $2,977; Land Acquisition $2,791; Park Development $38,109; and
Miscellaneous $740,000; and
WHEREAS, funds of $1,709,805 are available to finance these projects through use of General
Fund Revenues, Recreation Land Impact Fees, Reimbursement from SWFWMD, Parking Revenue, General
Fund Lease Purchase, and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide
for the expenditure of money for proper purposes not contained in the budget as originally adopted due to
unforeseen circumstances or emergencies arising during the fiscal year,
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CITY OF CLEAR WATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 6458-99 is amended to read:
Pursuant to the Mid- Y ear Amended Capital Improvement Program Report and
Estimated Budget for the fiscal year beginning October 1, 1999 and ending September
30, 2000, a copy of which is on file with the City Clerk, the City Commission hereby
adopts a Mid Year Amended budget for the capital improvement fund for the City of
Clearwater, a copy of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 15, 2000
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
APpr as to fonn:
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
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EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1999/00
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Original
Budget
1999/00
First Qtr
Amended
Budget
1999/00
Mid Year
Amended
Budget
1999/00 Amendments
Pollee Protection 885.000 885,000 848.900 .36.100
Fire Protection 357.290 417,290 1,343,218 925,928
New Street Construction 0 0 0
Major Street Maintenance 4,215.400 4,215,400 4,215,400
Sidewalks 450,000 450,000 450.000
Intersections 425.000 425,000 425,000
Parking 975,000 1,545,200 1.548,177 2,977
Miscellaneous Engineering 3,463,000 3.513,000 3,513.000
Land Acquisition 0 72.600 75,391 2,791
Beautification 0 0 0
Park Development 2,783,000 2.883,000 2,921,109 38,109
Marine Facllitin 245,000 245,000 245,000
Ubrarles 709,520 912,210 912,210
Garage 2,694.600 2.629,734 2,629,734
Maintenance of Buildings 345,140 400,006 250,006 -150,000
General Public Buildings & Equip 106,000 106,000 ~123,500 -229,500
Miscellaneous 715,500 1.185,746 1,925,746 740,000
Stormwater Utility 3,126,900 1,868.381 1,837,381 -31,000
Water Systom 4,810,700 4,810,700 4,810,700
Sewer System 9,606,000 9.616.000 9,616,000
Gas System 1,488,390 1,488,390 1,488,390
Solid Waste 415,000 415.000 415.000
Utilities Miscellaneous 575,010 575,010 575,010
Recycling 303,000 303.000 303,000
TOTAL 38,694,450 38,961,667 40,224,872 1,263,205
Ordinance # 6568-00
EXHIBIT A (Continued)
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1999/00
'/~
Original .
Budget
1999/00
First Qtr
Amended
Budget
1999/00
Mid Year
Amended
Budget
1999/00 Amendments
GENERAL SOURCES:
General Operating Revenue 1,347,660 1 ,407,660 2,095,769 688,1 09
General Fund Retained Eamlngs 0 0 0
General Revenue/County Co..()p 199,520 199.520 199,520
Spacial Development Fund 200,000 250,000 250,000
Communlty Redevelopment Agen 0 66,806 66,806
Road Millage . 1,775,000 1,775,000 1,775,000
Open Space Impact Fees 0 2,919 2,919
Recreation Land Impact Fees 0 69,681 72,472 2,791
Recroation FaciJUty Impact Fees 0 0 0
Transportation Impact Fees 310,000 310.000 310,000
Pennies I 3,225,000 3,225.000 3,188.900 -36,1 00
Pennies II 4,600,000 4,600,000 4,600,000
Development Impact Fees 125,000 125,000 125,000
local Option Gas Tax 735,400 735,400 735,400
Grants. Other Agenclos 0 0 0
FEMA 0 0 0
Pinolla. County Commission 0 0 0
Property Owners Share 0 0 0
Interest 0 110,569 110,569
Donations 0 92,121 92,121
Other MuniclpalitJes 0 0 0
Reimbursement from SWFWMD 0 0 100,000 100,000
FI Dept of Envlr Protection Grant 0 0 0
Florida State -other Gnnts 0 100,000 100,000
land Sales 0 0 0
Rental Fees 0 0 0
Insurance Reimbursement 0 0 0
SELF SUPPORTING FUNDS:
Marine Operating Revenue . 50,000 50,000 50,000
Parking Revonue 575,000 575,000 577,977 2,977
Harborview Center Revenue 0 0 0
Utility System:
Water Revenue 1,196,100 1.196,100 1,196.100
Sewer Revenue 2.930,100 2,930,100 2,930,100
Reclaimed Water Revenue 190,000 190,000 190,000
Water Impact Fees 100,000 100,000 100,000
Water R & R 950,000 950,000 950,000
Sewer R & R 825,000 825,000 825,000
Sewer Impact Fees 100,000 100,000 100,000
Utility R & R 0 0 0
Gas Revenue 1,488,390 1,488,390 1,488,390
ScUd Wasto Revenue 415,000 415,000 415,000
Stonnwater Utility 928,740 928,740 797,740 -131,000
Recycling Rovenue 303,000 303,000 303,000
Grant - Reclaimed Water 1,695,700 1,695,700 1,695,700
Ordinance # 6568-00
". '..",.,.. 'I ~ . . .. , .. ' \'~.: " ,"
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EXHIBIT A (ContJnued)
I~
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1999/00
..
Original
Budget
1999/00
First Qtr
Amended
Budget
1999/00
Mid Year
Amended
Budget
1999/00 Amendments
INTERNAL SERVICE FUNDS:
Garage Fund 117,000 117,000 117.000
Admin Services Fund 167,500 167,500 167,500
Central Insurance Fund 0 124,625 124,625
BORROWING. GENERAL SOURCES:
Lease Purchase 1,539,340 1,414,715 2,201,143 786,428
SELF-SUPPORTING FUNDS:
Lease Purchase. Parking 400,000 785,000 785,000
Lease Purchase. Sewer 58,50D 58.500 58,500
Leas. Purchase. Water 148,500 148,500 148,500
Lease Purchase. Stonnwater UtJ 284,400 284,400 284,400
Bond Issue - Stormwater 2,040,000 1,184,920 1,184,920
Bond Issue - Sewer 6,847,000 6,847,000 6,847,000
Bond Issue. Parking 0 185,200 185,200
INTERNAL SERVICE FUNDS:
Garage lease/Purchase 2,727,600 2,727,600 2,577,600 -150,000
Admin Svcs lease/Purchase 100,000 100,000 100,000
TOTAL ALL FUNDING SOURCES: 38,694,450 38,961,667 40,224,872 1,263,205
Ordinance # 6568-00
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ORDINANCE NO. 6573-00
*t5
8-3.00
:t.nJ R .
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(8)(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) 8Y REVISING WINDOW
SIGN REGULATIONS; AND AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, SECTION 3-2102(A),
PERMITIED 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 7-102(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
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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:
~ Temporary Signs. +empor:uy eigns of no more thon 12 eqU:1re feet in tot31
sigA face ore3 which ::lre rabted to :1 gr:md opening or 3 periodic eveRt
~o more frequeRtly th3n one time per yeor ond which evont is
oonducted in conjunction with the priACipal uee of the parcel proposed for
eevelopment 3nd which signs ::ue dispbyed no more th:m 30 days ffi
a€!vance of the even :md no more thon five days 3fter completion of the
event Other special event :Inti/or public purpoce signe; of :1 tempor3ry noture
moy be approved on 0 C:1S0 by cose bosis. The type of cign, cizo, deeigA
and langth of diE>play 'Nill be determined by the community developmont
coordinotor.
1. One temporal'\! 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 sign
may be a temporary covering. such as a toaster cover. sian boot. or sign
sock. which covers an existing permitted attached or freestanding siQ1:h
2. Other temporary special event and/or public purpose signs of a temporary
nature mC!v be al?proved on a case by case basis. The type of sign. size.
2
Ordinance No. 6573-00
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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:
{Ql Window signs which occupy less than 20 percent of4ho total are~ of the
window '.',here the cign is loc3tod Sf four square feet, whichever is lees 1m
to eight (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 sians 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 s 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
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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
requiren1ents:
ADDITIONAL REQUIREMENTS FOR TEMPORARY USES
Temporary Use Maximum Cumulative Permitted Districts
Allowable Time Period for
Each Separate Use (per
site per calendar year or
absolute time limitation, as
applicable)
Block and neighborhood 2 days All residential districts
parties
Circuses or carnivals 14 days C, IRT and I
Contractors office and/or During construction period All districts
construction sheds only while building permit
is valid
Evangelical and religious 7 days C, D, T and IRT
revivals or assemblies
Garage, yard or estate No more than 2 times per All residential districts
sales property within one year;
no longer than 3 days
each
Sales for: Christmas tree 45 days All non-residential zoning
and pumpkin sales and districts
other seasonal sales
?i'
4
Ordinance No. 6573-00
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Other temporary 7 days, except 14 days for All nonresidential districts
recreational or annual events approved
entertainment events by the special events
committee
Outdoor bazaars, 2 days C, I and D
cookouts, special fund
raising sales and/or similar
activities
Sidewalk sales 7 days in conjunction with T and D
a special event
Temporary commercial The period of time during All districts
parking lots which the temporary use
the parking serves is
authorized
Temporary relocation tents 18 months (unless Within a designated area
or mobile homes for authorized longer by
displaced persons commission resolution)
Temporary real estate 24 months All districts
sales office or model home
Temporary retail sales and 7 days (not more than 4 T. C and D
displays times per year)
Portable storage units 96 hours (not more th::m 4 All districts
times per year) unless
associ3ted with permitted
constructio n.
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 2103(C)(2)
for additional
requirements.
* * * * * * * * *
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 a site with :m
5
Ordinance No. 6573-00
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activo building pOfffiR- f{)r the stor:lge of ~tom& from the site. The portable
ctor:lgo unit may reR1:Jin on tho site for the length of the active pormit.
provided such Portable stor~ units ~ 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 service 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:
2-:- Portable storage units for a period not exceeding 96 hourc 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.
^ sticker sholl be affixed to the unit ~ndic~ting the date on which it is delivored
to the proporty. Ono ~gn bees, not more th::m 12" x 18" in :::lrea, sh311 be
permitted on ~ port:::lble storage unit. The rcmo\'31 provisions of Soction 3
2103(8)(3)(1) ~bovo chail also 3pply.
Section 7. Article 6, Nonconformity Provisions, Section 6-101, Purpose/
Applicability is hereby amended by revising the purpose/applicability provisions as
follows:
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. effestivc date of this--Sevelopment
code that do not conform to this code. While nonconformitio5 m3Y continue, the
provisions of this article aFe designed to encourage the improvement or
elimiflation of nonconformitiec in order to bettor 3chiovc the i1urposec of this
development code. While nonconformities may continue. it is the intent of this
development code to brinQ nonconforminq 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
nonconformi1Y.....Qr to bring the nonconformity as practical as possible to a
conforming status..
Section 8. Article 7, Enforcement Proceedings and Penalties, Section 7-
102(A)(2), Municipal Code Enforcement Board/special Master Hearing Procedures,
Notification of violations is hereby amended by revising nuisance cases procedures as
fo lIows:
7
Ordinance No. 6573-00
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
July 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
;14?~ '2V~J?)~
Leslie K. Dougall- s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 6573-00
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item II:
Meeting Date:
J!1
g.3.()O
Final Agenda Item If
SUBJECT/RECOMMENDATION:
Approve the banking services agreement with Bank of America for a period of five years commencing October 1,
2000 for an estimated $90,000 annually)
l&l and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City issued a Request for Proposal (RFP) for Banking Services. A total of twelve RFPs were sent to banks in
Clearwater.
. Two proposals were received - Bank of America and First Union.
· Both responses were very competitive. The selection committee was very pleased by both responses. After careful
evaluation, the selection committee recommends Bank of America. The selection committee included
representatives from Parks & Recreation, Parking, Clearwater Customer Service, Strategic Business Services, and
Finance.
G The selection of Bank of America was based upon past performance and the physical location of branches available
to serve the city's needs.
. In comparison with the current contract with Bank of America, the fees in the new contract will increase by
approximately $ 16,800 per year. Staff anticipates an increase of $40,000 in interest earn ings because of a more
favorable overnight interest rate and reserve requirement changes.
. The City has been very pleased with the current level of service from Bank of America.
. The City will be taking advantage of new technologies to reduce cost as opportunities arise.
. Bank of America will provide checking accounts, safekeeping of the city's investments, coin services, utility payment
processing services, and overnight investing of account balances, as well as services.
Reviewed by:
Legal Info Srvc N/A
Budget $ Public Works N/A
Purch<.lsing OCM! ACM N/A
Risk Mgmt 'N/A Other N/A
--
Originating Dept:
Finance
~~
Total
Costs
$90,000
Moskun
User Dept.
Finance
Current FY
N/A
Funding Source:
CI
OP
Other
Attachments
RFP Responder List
Submitted by: .4L
City Manager 12. a I ~ _ ...._
OCJU, ~-
o None
Appropriation Code:
699-07400-530100-585-000
~., Printed on recyded paper
Rev. 2/98
351-
Clearwater City
Commission
Agenda Cover
Memorandum
Worksession Item #:
Meeting Date:
J~
8 . 3 .CD
Final Agenda Item #
SUBJECT /RECOMMENDATION:
Award a Contract to Sun State International Trucks I nc. of Tampa, FL in the amount of
$78,396.77 for the Purchase of one (1) 2001 International LPG Delivery Tanker Truck in
accordance with Sec. 2.561 code of ordinances-low bid, and authorize funding through the
City's master lease purchase agreement; and authorize retention of one 1992 Ford LPG
tanker (G1049) to be utilized as a spare truck,
Ii] and that the appropriate officials be authorized to execute same.
SUMMARY:
. Unit has been scheduled for FY 00/01 replacement, but needs to be ordered before Budget
approval due to Manufacturer's seven (7) month build time, and in order to continue to
provide responsive service to LPG customers. Old unit is no longer in condition to be used
as a primary front line vehicle.
. Retain old unit as a backup for emergencies, and to allow normal servicing and repairs of
daily use trucks without interruption of scheduled routes.
. This vehicle has been budgeted as a replacement in the recommended Fiscal Year 2000/01
Capital Improvement Program Budget. The debt service is included in the FY 01
recommended operating budget for Fleet Maintenance Vehicle Replacement.
Reviewed by:
Legal NI Info Svc N/A
A
Budget Public
~ Works N/A
Purchasing DCM/ACM
Risk Mgmt NI Other
A
Originating Dept:
General Support Services
Joe Arrien
User Dept.
Costs
Total $78,396.77
Funding Source:
Gas System
Attachments - None
Current FY
CI
OP
x
Gas 7):.;/ /. ~C'/(.~ )
Other
Submitted by:
City Manager
12 "." 4d.---.
~ -"LA
Printed on recycled paper
Appropriation Codes:
Purch: 315-94227-564100-519-000
Principal: 566-06612-571300-582-000
Interest: 566-06612-572300-519-000
Rev. 2/98
M~1-
Clearwater City CommIssion
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
J3-
8.3.0CJ
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Approve extending the South Beach Pavilion Lease Agreement with Howard G. Hamilton to June 30,
2004.
[&l and that the appropriate officials be authorized to execute same.
SUMMARY:
The city entered into the existing lease agreement with Mr. Howard G. Hamilton the current lessee of the
South Beach Pavilion in October 1985.
An amendment was approved in September of 1986 to correct the term of the lease to begin on January
1,1986 and will end the current lease on December 31,2000. A second amendment was approved in
August of 1996 to delete the requirement that the lessee pay for nine parking spaces during years 11
through 15.
Mr. Hamilton has asked for a four-year extension to the current lease under the same terms and
conditions. The lease would terminate on June 30, 2004, at which time the city could bid a new lease
agreement.
Staff supports this request after an evaluation of alternatives as addressed below:
There are numerous issues pending that impact existing properties both private and public in the South
Beach area. The existing structure occupied under this lease is in need of significant renovations to
extend its life, At minimum, a new roof, new air conditioning and some structural repairs and resurfacing
are necessary. Replacement of this structure may not be possible due to the changes in the Coastal
construction zone boundary and"building restrictions. The addition of a popular family chain fast food
restaurant directly across the street from this facility has had a negative impact on food and beverage
sales. Further development including removal of parking, possible realignment of streets and sidewalks
along with additional retail and food service development are likely to have an adverse impact through
the construction phase. To re-bid this lease at this time or on its anniversary date would not prove cost
effective by having to invest current dollars in the facility with declining revenues, and or accrue
significant financial liabilities to guarantee a city buyout of the amortized cost of any private investment
made in the existing site and structure. The extension of this lease with minimal capital outlay assures a
steady revenue stream until such time as the South Beach Development is accomplished or expanded to
include utilization of this site.
Reviewed by:
Legal ~
Budget NI A
Purchasing NI A
Risk Mgmt NI A
Into Srvc
N/A
N/A
Origi nati ~g~~t:
Marine;'vUi----l
User Dept. \, "-
Marine IJ\./u~
Attachments
Costs
: Total N/A
Public Works
DCM/ACM
Other
Current FY
Funding Source:
CI
op
Other
Submitted by: "Q .'Ii ~ J .
City Manager ~ ~
Printed on recycled paper
o None
Appropriation Code:
Rev. 2/98
~~~;~ : ,>i~ ;;~~: ; ,~:~'::;;, :2::;;. .:;:~,}, ::,!"7 ~'./? ,:',,;!):> >:; i \'!'~:, :,': t:>': "~':(,! .: <0::;::; ~~}: <'_ j~''''?< 2: /;';;, ;;:i\'~,~ ':'; ,f}\: <:{}(, ", ::,
{i.. ",.
M~ '\
Amendment to Lease Agreement
19
j
.
'"
This amendment to the Lease Agreement is entered into by and between
the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as
"Lessor," and Howard G. Hamilton, hereinafter referred to as "Lessee;"
WHEREAS, the Lessor and the Lessee entered into a Lease Agreement
on October 28, 1985;
WHEREAS, the Lessor and the Lessee have agreed to amend the Lease
Agreement as provided herein;
NOW THEREFORE, in consideration of the conditions and mutual
covenants contained herein, the parties do hereby agree as follows:
1. Paragraph 1, the Lease Agreement is extended and will terminate on
the 30th day of June, 2004.
2. All other terms and conditions of the Lease Agreement shall continue
for the remaining term.
,
.
"}
j
.;
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
~~
n' Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Howard G. Hamilton
, .,':,
. " ".' I ;~
Amendment to Lease Agreement
This amendment to the Lease Agreement is entered into by and between
the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as
"Lessor," and Howard G. Hamilton, hereinafter referred to as "lessee;"
WHEREAS, the Lessor and the Lessee entered into a Lease Agreement
. on October 28, 1985;
WHEREAS, the Lessor and the Lessee have agreed to amend the Lease
Agreement as provided herein;
NOW THEREFORE, in consideration of the conditions and mutual
covenants contained herein, the parties do hereby agree as follows:
1. Paragraph 1, the lease Agreement is extended and ~ill terminate on
the 30th day of June, 2004.
2. All other terms and conditions of the Lease Agreement shall continue
for the remaining term.
Countersigned:
CllY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
'ku~/J Jkvn~
Howard G. Hami on
.,. ..
~
-
f/\~1J-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item II:
Meeting Dale:
;;20
8. 3 ' (X)
Final Agenda Item II
SUB JECT IRECOMMEN DA liON:
Approve amendment to l~a5e for a corporate name change of the Fixed Base Operator at the Clearwater
Airpark from Day Tripper Aviation, Inc. to Clearwater Airpark, Inc. with no other changes to the existing
lease.
x and that the appropriate officials be authorized to execute same.
SUMMARY:
As of February 1, 2000, the City of Clearwater approved the assignment of lease for the Fixed Base Operator at
the Clearwater Airpark from Mr. Clarence Emshoff, President of Clearwater Aircraft, Inc., to Day Tripper
Aviation, Inc. with no changes in the existing lease.
On February 15, 2000, Mr. David W. King, President of Day Tripper Aviation, Inc., filed document number
P99000074260 Articles of Amendment to the Articles of Incorporation with the Florida Department of State
changing the name of his corporation, Day Tripper Aviation, Inc., to Clearwater Airpark, Inc. Mr. King stated
his reason for the "name change was to better identify himself with the Clearwater Airpark.
Reviewed by:
Legal :;?~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ ACM
Olher
N/A
N/A
Originating ept.:
Marine
User Depj.: ~ "
Marine u.o L.---!:::...
Costs
Total N/A
Current FY
Funding Source:
CI
OP
Other
.Submitted by: -0. ,. ~
City Manager ~ ~~..
Printed on recycled paper
Attachments
1. Florida Dept. of State letter
o None
Appropriation Code:
M(\:L
.
Amendment to Lease Agreement
~o
This amendment entered into .2000, between the City of
Clearwater, Florida, a municipal corporation, hereinafter referred to as uLessor,"
and Daytripper Aviation, Inc., hereinafter referred to as "Lessee;"
WHEREAS, the Lessor and the Lessee entered into a Lease Agreement
on February 1, 2000;
WHEREAS, the Lessor and the Lessee have agreed to amend the Lease
Agreement as provided herein;
NOW THEREFORE, in consideration of the conditions and mutual
covenants contained herein, the parties do hereby agree as follows:
1. To change the corporate name only of the Lessee, from Daytripper
Aviation, Inc. to Clearwater Airpark, Inc.
2. All other terms and conditions of the Lease Agreement shall continue
for the remaining term.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
DAYTRIPPER AVIATION, INC.
Cv
David W. King, Sr., Pre
lCaJ:el& Qi.bSOD
Corpo~.t;e Spea1allat
C~yl.~OD o~ Co~~.~loft.
L.~teJ: Mullt"bex:: 100.1.00007907
. " \~.' ':\,'~~~,c. ~<~~)'\:'{ ',. :;.~ "~, ~ :
.......".
.
,.,':-: ,,',
'wv...~
,i':"",,;-._, .'a,:::;.' ..- v.....,' VI/VI 'W W:~4 NO.9S0 02/13
U~/.&.~'VV _ _ rA U9~~ U~ ~~~. ~~,~
)0" .',
I.. ;', -'>i _ "- ,
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, t" 't ..' ': -::.,
~ " :-,:,.,#:,,~.:,.;-;:.
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PLORlDA DBPAJr1'lIIBNT OF STATE
Kat.l1erJM Hurf8
S.-~ 018' ....
Februaz:y 15, 2000
~ AIRPAIUt, life.
'21 COUM 8Z\11.~
IUIR 200
o.~, PL 33756
a.: DocuseD~ Numb-~ .99000D7.260
~ ~lote. of as.ndDent to the Articl.. of Jnco~~.tlon ~or DAY!RIPPIR
&VtAtlOH, J11C. whiob cbangecl it.:8 name ~o ~ AIRPARK, DC., .
110rlda co:po:&~loD, were f118d. on rebJ:Ua~ 15, 2000.
~ ce~lt1a.tioD ~.te4 1. euclo-.d. ~o be o~~~ol.1, tb8
G.~1flaat!oD fo~ .0000ifl~ G~ muat be attaohed to the o~i9ioal
c!oc:uNarlt: ~ha~ .a. e1eotJ:oA1Gal1y .~4 t:.t:ec:l aDd. ~j.1ed. Wl<leJ: !'AX .ud1~
Dumber 800000001131.
8boule! you have 8Q7 que.tloa. :89&zd.1ng ~hl. matter, pl.... t:e1ephcme (850)
417-6Q50, t~ Ame~Dt ~111Dg BectioD.
Dlvia!oD ofCorporatJons - P.O. BOX 632'1..Ta11ah.auee,lf1onda 82814
JlL-07-2000 08:22
TEl..)7i!7 442 8470
ID)~TER ~I~
~:ee2 R=1AA~
~.'.~ n;bUI."
- 'ui:i";';;uv .&..i'~; i!-r-~J~ ". ~,n....",~VIIU(,.,~~..U'J:~1t NO.950 03/13
.~. : ,.'" 'J '. ... . " I.',,, '" ~ ',' . ... ~ ' I . . ' . " .. "
:. f>w~
Clearwater City COlnlnission
Agenda Cover Mel110randUln
Worksession Item #:
Final AQenda Item #
&\
M eet in~ Dat e:
oa-03-00
SUBJECT/RECOM M ENDA TION: Approve a contract with Air Distributors. Inc. to sell surplus
property leqallv described as the West one-half of Lots 43 & 44, Block" Oil . J. J. ELDRIDGE
SUB~ (a1k/a 606 Cedar Street), for $14,001, subject to terms and conditions contained therein,
r&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· In its meetinQ of March 2, 2000 the City Commission declared the subject vacant lots surplus for the
purpose of offering them for sale at the minimum bid amount of $14,000.
· Invitation To Bid Number 26-00 was issued March 6. 2000. Air Distributors. Inc. was the onlv
responsive bid recei'/ed by the bid deadline of 10:00 A. M. March 28,2000.
· James E Jacobs. President of Air Distributors. Inc.. delaved submittinq a purchase offer until he was
reasonablv certain he could build a 10.000 sQuare foot warehouse on a site that includes the subiect
property and adjacent property the corporation already ow ns.
· The purchase offer is detailed on the standard City of Clearw ater Contract For Sale of Real Propertv.
ParaQraph 4 of the contract. an amendment to the standard contract document. stipulates that
closinQ the transaction is subiect to site plan approval: and that the Buver w ill submit a site plan to
the City within 45 days follow ing approval of the contract by the City.
· If the site plan is approved, closing will occur within 30 days following approval.
· The Buyer is not obligated to complete the purchase if the site plan is not approved.
· After deduction of approximatelv $395.00 for closinQ costs. net sale proceeds of about $13.606 will
reimburse CHUD's Deferred Payment Loans fund 686-00000-128165.
Info Srvc NA
Public Works~
DCM/ACM
P&DS
Originating De'p!
Public W~ '1 (E. Barre
User Dept.
P&DS (C
Costs
NA
Reviewed by:
Legal ~
Budget ... ~,)
Purchasing ~
Risk Mgmt ~
Total
Current FY
Funding Source:
CI
OP
at her
Attachments
Submitted by: u.. . I 4 I
City Manager ~ ~ [X ] None
Printed on recycled paper (Air Cist Cont Agn. ewb 01..QOJ
A ra riat ion Code:
Rev. 2198
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LOCATOR MAP
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CONTRACT FOR SALE OF REAL PROPERTY BY
THE CITY OF CLEARWATER, FLORIDA
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, ' ,
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida
(herein "Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION:
Earl Barrett, Real Estate Services manager Phone: (727) 562-4754, and AIR DISTIRBUTORS
INC., a Florida corpora tion (herein "Buyer"), of 1139 Eldridge St., Clearwater, Florid~
33755, Phone: (727) 441-2492 (collectively "Parties"), hereby agree that the Seller shall
sell and Buyer shall buy the following real property ("Real Property") and personal
property ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE: OF EXECUTION BY DULY AUTHORIZED
CITY OFTICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 day. or
leas shall be computed without including Saturday, Sunday, or national legal holidays
and any time period ending on a Saturday, Sunday or national legal holiday shall be
extended until 5:00 P.H. of the next bU5ineas day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: The West one-half of Lots 43 " 44, Block "0", J. J. ELDRIDGE
SUBDIVISION, as recorded in Plat Book 1, Pa e 85, Public Records
Of Pinel as County, F orida.
PERSONALTY: NO~~ (vacant unimproved lot)
2. FULL PURCHASE PRICE .................,........................... $ 14,001.00
3. MANNER OF PAYMENT
Buyer to provide cash at closing in the amount of .."."".....,..,....."",,,,,,,,,,,,. $
2,801.00
Buyer to qualify and obtain third party financing as provided
In Pa rag raph 4 in the amount of ""...'"..".."................,.............",..."....,.............".....".",.., $_ 11,200.00
TOTAL to be paid at closing in U.S. funds, cash, certified or
cashier I s check, subject to adjustments and prorations... .. .. . . . $ 14,001.00
4. PURCHASE CONTINGENCY
Closing of this transaction by Buyer is conditioned upon and subject to timely approval
of a site plan by the City of Clearwater for buyer to construct a 10,000 square foot
metal building for Light Assembly use in compliance wlth flexible development standards
for the City's Comm.::rcial ("C") zoning classification. Buyer agrees and covenants with
Seller that Buyer shall submit an applir.ati.on and provide all required plans and
drawings for site plan approval within 45 days of the Effective Date of this a~reement.
The site plan shall incorporate all of the followlng parcels of land: The sub~ect
parcel as described in'paragraph 1 above, together with Lots 33, 34 and the south 37.5
feet of Lot 35, Block "D", J. ,J. ELDRIDGE SUBDIVISION, as recorded in Plat Book 1, Page
85 of the Public Records of Pinellas County, Florida.
5. THIRD PARTY FINANCING
Buyer shall have 4S days following th"" :..:fect:ive Date to obtain a firm commltment from
lender of Buyer's Choice to funa the financing required to complete this transaction.
Buyer shall use all reasonable di ligence to obtain the above des cubed finanei ng. If
Buyer fails to obtain the loan corrunitment, Buyer agrees to immediately notify Seller in
writing, in which event either party may cancel th15 contract and both partIes shall
thereafter be relieved of ~ny further obligat:ions hereunder. Buyer shall have the
privilege of waiving this fll1ancing contingency at any time prior to its expiration, and
upon providing Notice to Seller, this transaction shall be closed within ten (10) days of
receipt of such Notice by Seller. All rights of Buyer to proceed under this provis~on
shall terminate 45 days following the Effective Dat~, in which event this contract shall
also terminate without prejudice.
6. TIME FOR ACCEPTANCE
Follo"-'ing execution of this contract by Buyer, the price, terms and conditions as
contained herein shall remain unchanged and be held unconditionally open for a period of
45 days following delivery in duplicate original to Earl Barrett, Real Estate Services
Manager, C/O Public Works Departm~nt of the City of Clearwate~ for acceptance and approval
or rejection by action of the Clearwater City Commission ("Commission"). If this
agreement is accepted and approved by the Commission, it will be executed by duly
authorized City officials and delivered to Buyer wi thin 10 days thereafter. If thIS
contract is rejected by the Commission upon its initlal presentatlon, this contract shall
be null and void in all respects and Buyer shall be so informed In writing within 5 days
of such action.
7. TITLE
Seller shall convey marketable title to the Property by Deed of Conveyance, subject
only to matters contained in Paragraph 7 and those otherWIse accepted by Buyer. Otherwise
title shall be free of liens, easements and encumbrances of record or known to Seller, but
subject to property taxes fOl the year of closing, if any; covenants, restrictions and
public utility easements of record; and no others.
PAGE 1 OF 4
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8. TITLE EVIDENCE
Buyer may. at Buyer expense. and within 15 days prior to closing date, obtain a title
insurance commitment issued by a Florida licensed title insurer agreeing to liens,
encumbrances. exceptions or qualifications set forth in this Contract. and those which
shall be discharged by Seller at or before closing. Seller shall convey a marketable
title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to applicable Title Standards
adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. If title is found defective, Buyer shall,
within 3 days thereafter. notify Seller in writing specifying defect(s). If the defect(sJ
render title unmarketable, Seller will have 120 days from receipt of notice within which
to remove the defect(sl, failing which Buyer shall have the option of either accepting the
title as it then is or withdrawing from this Contract. Seller will, if title is found
unmarketable, make diligent effort to correct defect(s) in title within the time prOVided
therefor, including the bringing of necessary suits.
9. CDlTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Sta tutes, the Seller reserves unto itself and
its successors an undivided three-fC'urths (3/4) interest in, and title in and to an
undivided three-fourths (3/4) interest in. all the phosphate, minerals, and metals that
are or may be in, on or under the real property described herein, and an undivided one-
half (1/2) interest in all the petroleum that is or may be in, on, or under said property
wi th the privilege to mine and develop the same. I f the real ro ert bein conve ed
hereunder is less than 20 contiguous acres, is~sently developed and or there exists
future development plans, and there :.s little likelihood of the presence of any of the
mineral~ or petroleum contemplated by Section 270.11, f'lorida Statutes, in all such
instances the City expressly releases the above described rights.
10. SURVEY
Buyer, at Buyer I s expense, within time allowed to d,:liver evidence of title and to
exam.ine same, may have Real Property surveyed and certified to the Buyer, Seller and
closing agent by a registered Florida land surveyor. If survey shows any encroachment on
Real Property, or that improvements located on Real Property encroach on setback lines.
easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect, except as Buyer shall
have created such detects.
11. CLOSING PLACE AND DATE
Buyer may designate closing agent and this transaction shall be closed in the offices
of the designated closing agent in Pinellas County, f'lorida, ON OR BEFORE 30 DA~S
FOLLOWING SITE PLAN APPROVAL, unless extended by other provisions of this contract. If
either part,y is unable to comply with any prOVision of this contract within the time
allowed, and be pr:epared to close as set for:th above, dfter making all reasonable and
diligent efforts to comply, then upon giving written notice to the other party, time of
closing may be extended up to 30 days without effect upon any other term, covenant or
condition contained in this contract.
12. CLOSING DOCUMENTS
Seller shall furnish deed, blll of sale, m(:.::hanl.;:' s lien affidavlt, dssignments of
leases. tenant and mortgage estoppel letters, an~ correctlve instruments as applicable to
this transaction. Suyer shall furnish closing statement.
13. CLOSING EXPENSES
Recordation of th~ deed and Documentary stamps on the deed, unless this transaction 1S
exempt under Chapter 201.24, tlorida Statutes, shall be paid by the Buyer. Seller shall
pay the costs of recording any corrective instruments.
14. PRORATIONS; CREDITS
If there should exist any taxes, assessments, rent. and other revenue specific to the
Property, all of such expenses and revenue shall be prorated through the day before
closing. If the amount of taxes and assessments for the current year cannot be
ascertained, rates for the previous year shall be used with due allowance being made for
improvements and exemptions. Any deposits held by Seller in trust for third parties in
occupancy of the Property shall be credited to Buyer at t~me of closing. Assessments for
any impr:ovements that are substantially complete at time of closing shall be paid in full
by Seller.
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is"
condition, ordinary wear: and tear excepted, and shall maintain the landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclosed
herein and marketability of title. Buyer's covenant to purchase the Property "as is" is
more specifically represented in either subparagraph a. or b. as marked [Xl.
a. ( ] As lIS: Buyer has inspected the Property or waives any right to inspect and
accepts t:he Property in its present "as is" condition.
PAGE 2 OF 4
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b. (XI As Ia With Right of Inspection: Buyer may, at Buyer expense and wlthin 45 days
from Effective Date ("Inspection Perlod"), conduct inspections, tests,---
environmental and any other investigations of the Prop~rty Buyer deems
necessary to determine suitability for Buyer's intended use. Seller shall grant
reasonable access to the Property to Buyer, its ~gents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities
services as may be required for Buyer's inspections and investigations. Buyer
shall not engage in any actlvity that could result in a mechanics lien being
filed against the Property without Seller's prior written consent. Buyer may
terminate this ~ontract by written notice to Seller prior to expiration of the
Inspection Period if the inspections and/or investigations reveal conditions
which are reason~bly unsatisfactory to Buyer, unless Seller elects to repair of
otherwise remedy such conditions to Buyer satisfaction. If this transaction
does not close, Buyer agrees, at Buyer expense, to repair all damages to the
Property resulting from the inspections and investigations and return the
Property to its present condition.
16. SEL~ HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any
losses, damages, costs, including attorney's fees, claims of injury to or death of any
person(s), any damage to property of Buyer, or the Property, and from and against any and
every liability to any person arising from Buyer conduct of inspections, investigations
and any work performed pursuant to Paragraphs 10 and 15 above.
17. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5-day period, notify the Seller in writing of the defect and Seller
shall have 30 days from the date of receipt of such notification to cure the defect. If
Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall,
upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand
for refund, Buyer shall take title "as is", waiving all rights against Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties contained
in the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
lB. DEFAULT
I f Buyer fails to perform this contract wi thin the time sped tied (including payment
of all deposit (s), if any) the deposit (s) paid by Buyer may be retained by or for the
account of Seller as agreed upon liquidated damages, consideration for the execution of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be
relieved of all obligations under this contract; or Seller, at Seller option, may proceed
in equity to enforce Seller's rights under this contract. If, for any reason other than
failure of Seller to make Seller's title marketable after d~ligent effort, Seller fails,
neglects or refuses to perform this contract, the Buyer may seek specific performance or
elect to receive the return of Buyer deposit (s) wlthout thereby waiving any action for
damages resulting from Seller's breach.
19. RADON GAS NOTIFICATION
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quant~ties, 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. Additional information
regarding radon and radon testing may be obtained from the county public health unit.
20. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records.
This contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender
shall include all.
21. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
party to be notified, including the parties to this contact, the parties attorneys, escrow
agent, inspectors, contractors and all others who will in any way act at the behest of the
parties to satisfy all terms and conditions of this contract.
22. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any)
may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs,
per50nal representatives, successors and assigns (if asslgnment is permitted).
PAGE 3 OF 4
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23. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
24. NO BROI<ER
Seller and Buyer represent and agree they have dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
indemnify the other from any damage, liability or e~pense either may suffer as a result of
any claim of a Broker or finder with whom it is determined th~t the other party has dealt
wi th in contravention of this ag reement; except, however, that total Ci ty obI igation.!>
under this provision shall be subject to the limits and restrictions of the Florida
sovereign immunity statute, F.S. 768.28.
25; TYPEWRITTEI~ OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them.
26. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to
effect the validi ty of any other provision. In the event that any provision of this
ccntract js held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and .==f feet as if they had been executed by both parties
subsequent to the expungement of the invalid proviSIon.
27. GOVERNING LAW
It is agreed by and between the partles hereto that this contract shall be governed
by, construed, and enforced in accordance with the laws of the State of Florida.
29. COUNTERPARTS; FACSIMILE COpy
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, incl uding any addendum, attachment s and any wri tten modifications
hereof, and any initials or signature thereon shall be deemed an original.
30. MERGER BY DEED
Jul covenants, warranti~s, and representations contained herein shall merge wlth the
deed at time of closing. Upon dellvery of deed by the City, and acceptance thereof by
Buyer, the Buyer shall hold the City forever harmless therea{ter.
31. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire
agreement between the parties, shall supersede any and all prior and contemporaneous
written and oral promises, representations or conditlon ln respect thereto. All prior
negotiations, agreements, memoranda and writings shall be merged herein. Any changes to
be made in this agreement shall only be valid when e:-:pressed in writing, acknowledged by
the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
BUYER:
-
AIR DISTRIBUTORS, INC.
a Florida corporation
Date:~~,2000 By:
51 ~ 115 cQ 44
Social Security or Tax 1:0."
[ 1 APPROVED AND ACCEPTED THIS _ day of
, 2,000
Countersigned:
CITY OF CLEAR\'1ATER, FLORIDA
By:
Michael J. Roberto; City Manager
Brian J. Aungst, Mayor-Commissioner
Approved as to form and
legal sufficiency:
ATTEST:
John Carassas, Assistant City Attorney
cy~thia E. Goudeau, City Clerk
PAGE: 4 OF "
AIR r::TRI8 1:.'f1t. (I.;,J,......l
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Barrett, Earl
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From:
Sent:
1(........~o. "it'f;\'",;:"
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Subject:
Barrett, Earl
Friday, August 04, 2000 12:04 PM
"GoudeautCyndle '
Arasteh, Mahshid; Quillen, Michael; Miller, Tom; Przywara, Janis
606 Cedar St. Purchase Offer
Cyndie -
I understand the CC approved the referenced purchase agreement with Air Distributors, Inc. last night. Today I received
a letter from Mr. James E. Jacobs, President, withdrawing from the agreement as provided in paragraph 4 (Purchase
Contingency). I have asked Janis to hold the two contract originals and not forward for signatures. I will send you Mr.
Jacobs original letter via i11teroffice mail. I will fax a copy to Janis and retain a copy in my work file. You may want to
forward the letter after review. '
RECE!\./ ED
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CITY CLERK DEPARTMENT
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AIR DISTRIBUTORS, INC.
1139 ELDREDGE STREET CLEARWATER, I"'L. 33755
OFFICE: 727-441-2492 FAX: 727-442-8493
guality Metal Manqfacturer
Mr. Earl Barrnett
Real Estate Manager
City of Clearwater
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Aug. 2, 2000
CITY Of CUARWtT fR
PUBliC WORKS ADMiNISTRATION
Dear Mr Barrnett:
After much careful and thoughtful consideration, I must decline to proceed
with the purchase of property located at: 606 Cedar St. - Clearwater.
I want to thank you for. all your efforts to assist me with this property. The
cost to comply with the codes that the city needs is not a very wise
investment for my future. As long as this area is going to remain in the
condition that now exist, it will be very hard to attract businesses to spend
money on commercial buildings.
When I fIrst purchased my property on Garden ave. the city plan as I
understood it, was to integrate business and residential areas together,
After much expense on my part to comply with city codes, I look around
. me and find many houses in complete decay and no effort from the city to
enforce any type of responsibility to improving this neighborhood.
I don't wish to find fault with the city as much as I would like for the city to
realize that it will be very hard for anyone to want to invest in its future
With no strong leadership.
incerely,
~l
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A..
CONTRACT FOR SALE OF REAL PROPERTY BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEl...Rt'lATER, FLORI DA, a Municipal Corporation of the State of Florida
(herein "Seller" or "City"), P. o. Box 4748, Clearwater, Florida 33758-4748, ATTENTION:
Earl Barrett, Real Estate Services manager Phone: (727) 562-4754, and AIR DISTIRBUTORS,
INC., a Florida corporation (herein "Buyer"), of 1139 Eldridge St., Clearwater, Florida
33755, Phone: (727) 441-2492 (collectively "Parties"), hereby agree that the Seller shall
sell and Buyer shall buy the following real property ("Heal Property") and personal
property ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY' AUTHORIZED
CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or
less ahall be computed without including Saturd~y, Sunday, or national legal holidays
and any time period ending on a Saturday, Sunday or national legal holiday shall be
extended until 5:00 P.M. of the next business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: The West one-half of Lots 43 & 44, Bleck "0", J. J. ELDRIDGE
SUBDIVISION, as recorded in Plat Book 1/ Page 85, Public Records
Of Pinellas County, Florida. --
PERSONALTY: NONE
(vacant unimproved lot)
2. FULL PURCHASE PRI CE
. . . . . . . . . . .. $
14,001.00
3. HANNER OF PAYMENT
Buyer to provide cash at closing in the amount of
.$ ---1..!-8 01-. 00 ___
Buyer to qualify and obtain third party financing as provided
In parag raph 4 in the amoun t 0 f .........................................................................................
'$_l.~, 200.00_.__
TOTAL to be paid at closing in U.S. funds, cash, c.::rtlfied or
cashier's check, subject to adjustments and proral-ions.........
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14,001. Q~___
. .
... . . -
:{~:} :4' .:,,' 'pJRCH~SE CONTINGENCY
Closing of this transaction by Buyer is conditioned upon and subjec~ to timely approval
of a site plan by the City of Clearwater for buyer to construct a 10,000 square foot
metal building for Li gh t Ass embl y use in campI i an..::e wi tL fl e:.: ~ bl <2 d<.::velopment. s tanda rds
for the City's Commercial ("C") zoning classification. Buy..::r aqtc.-t:~ and .::ovenants with
s~ller ~hci~ Buyer shall submit an ~pplication and provide all requlred plrtns and
drawings for site plan approval wit.hin 45 days of the Eff~ctiv~ Ddte of this a~ree~~nt.
The site plan shall lllcorporat~ all of the follOWing FaLcels of land: The subJ~ct
par eel as des c rib e Ql. n ? 3 r ct ST : "1 phI a b eVe, t :'n] e t h C' r "'! i t i: L.:) t. :: :) 3 , 3..; _'1 : 1 d t iH: ::. 0 u t h :: -: . :
feet of Lot 3S, Blo.:r: "DO, J. J. E:LDPIDGE. SUK.!IVI~lOr-:, .'lS re-:.:r~~...<i lr. P":.at tOCt: 1, f'i'tgt:"
85 of the Public Re20rds ot P~n011as County, FloLl~d.
S. THIRD PARTY FINANCING
Buyer shall have 4S days following the Eff<.::ctive ['~te to obtai~ a firm commitment from
lender of Buyer's Choice to fund the financing requir<.::d to cOJoplete this transaction.
Buyer shall use all reasonable diligence to obtain th~ above c1~sc[ibed financing. If
Buyer fails to obtain the loan conunitment, Buyer agre.::-5 to irruoecliately notify Seller in
writing, in which <2:\/(:1"\1: either party may cancel this contract and both parties shall
thereafter be relieved of any further obligations hereunder. Buyer shall helve the
privilege of waiving this financing contingency at any time prior to its expiration, and
upon providing Notice to Seller, this transaction shall be closf:d within tf.:n (10) days of
receipt of such Notice by Seller. All rights of Buyer to proceed under this provision
shall terminate 45 days following the Effectlv<.:: Date, in which event this contract shall
also terminate without pr<.::judice.
6. TIME FOR ACCEPTANCE
Following execution of this contract: by BUyer, the price, te.r:ms and conditions as
con t a ined herein sha 11 :cernai n uIH:hang""d and be held un condi t iona lly open for a period 0 f
45 days follO'....ing do:olivli:ry in duplicate original to Earl Barrett, Real Estate Sel."vices
Manager, 'C/O Public Wor ks Department of the City of Clearwater for acceptance and approval
or rejection by action of the Clearwater City Commission ("Conunission"). If this
-- -~.-....".....t-c.rl ;:>nrl ~nnl"C"vt=:d bv the Commission, it will be e:-:ecuted by duly
. .
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Item #22
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #'
FInal Aqenda Item #
~
Meetinq Date:
08-03-00
SUBJECT/RECOMMENDATION: Approve a contract with Andrew Szilagyi to sell a 400 square foot
parcel of surplus property situated on the north side of Belleair Road in the Southeast Quarter of
Section 24, Township 29 South, Range 15 East, as legally described in said contract, for the net
price of $625.00, subject to terms and conditions contained therein,
'X'
I:C:J and that the appropriate officials be authorized to execute same
SUMMARY:
. In its meeting of November 18, 1999 the City Commission declared the 400 square foot remnant
property surplus for the purpose of offering it for sale at the minimum net bid amount of $620.00.
. The surplus declaration limited sale of the property to a successful bidder capable of utilizing
the parcel in compliance with requirements of the property's then current County A-E
(Agricultural Estates) zoning district.
ct The property was duly advertised for bid; but no bids were submitted for consideration at bid
opening held on December 15, 1999.
e On July 27,2000 the subject contract was submitted by Andrew Szilagyi, a single man, who now
owns property that abuts the parcel on three sides. Belleair Road right-of-way borders the
fourth side.
. The subject contract's $625 net purchase price slightly exceeds the minimum net bid amount
established by the Commission, and meets all other conditions of its declaration as surplus to
City needs.
. The buyer will tlave up to sixty days to close the transaction following contract approval.
. The $625 net sale proceeds will accrue in revenue for surplus land code 010-00000-364220.
Reviewed by: Originating Dept: ~ Costs
Legal <7?-- Info Srvc ~ Public Work;{11 IE. Barrett) Total
Budget -# Public Works User Dept.
Purchasing NA OCM/ACM Current FY
Risk Mgmt NA Other NA Attachments
NA
Funding Source:
CI
OP
Other
Submitted by'
City Manager
[)<]
None
A ro riation Code:
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Printed on recycled paper [Szilagyi Belleair Con! Agn. G7GDew b]
Rev. 2/98
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CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CIT'{ OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida
(herein "Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION:
Earl Barrett, Real Estate Services manager Phone: (727) 562-4754, and ANDREa) SZILAGYI, a
SINGLE man (herein "Buyer"), of 2140 Belleair Rd., Clearwater, Florida 33764-2540, Phone:
(727) 441-9991 (collectively "Parties"), hereby agree that the Seller shall sell and Buyer
shall . buy the following real property ("Real Property") and personal property
("Personalty") (collectively rproperty") upon the following terms and conditions.
'l'H1C "EFFECTIVE DA'l'!:" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT.
Time period. o~ 5 day. or less shall be computed without includinq Saturday,
Sunday, or national legal holidays and any time period endlng on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the
next business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: A PORTION OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST BEING MORE
PARTICULARLY DESCRSIBED AS FOLLOWS:
Begin at the Southeast (SE) corner of Section 24, Township 29 South,
Range is East, run thence North 80023'23" West along the South line
Of said Section 24, 641.60 feet; thence North 01036'37" Ea.t, 50.00
feet for a Point of Beginning;, thence North 01036'37" Ea.t, 20.00
feet; thence North 88023'23" West, 20.00 feet; thence South 01'36'
37" West, 20.00 feet; thence South 88023'23" East along the North
right of way line of Belleair Road, 20.00 feet to the Point of
Beginning.
Containing 400 square feet, more or less.
PERSONALTY: NONE
2. FULL PURCHASE PRICE ............................................. $
625.00
3. MANNER OF PAYMENT
TOTAL to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations....... .,. $
625.00
<<. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as
contained herein shall remain unchanged and be held unccnditionally open for a period of
45 days following delivery in duplicate original to Earl Barrett, Real Estate Services
Manager, C/O Public Works Department of the City of Clearwater for acceptance and approval
or rejection by action of the Clearwater City Commission ("Commission"). If this
agreement is accepted and approved by the Commiss ion, it will be executed by duly
authorized City officials and delivered to Buyer within 10 days thereafter. If this
contract is rejected by the Commission upon its initial presentation, this contract shall
be null and void in all respects and Buyer shall be so informed in writing within 5 days
of such action.
S. TITLE
Seller shall convey marketable tltle to the Property by Deed of Conveyance, subjec~
only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Otherwise
title shall be free of liens, easements and encumbrances of record or known to Seller, but
subject to property taxes for the year of closing, it any; covenants, restrictions and
public utility easements of record; and no others.
6. TITLE EVIDENCE
Buyer may, at Buyer expense, and within 15 days prior to closing date, obtain a title
insurance commitment issued by a Florida licensed title insurer agreeing to liens,
encumbrances, exceptions or qualifications set forth in this Contract, and those which
shall be discharged by Seller at or before closing. Seller shall convey a marketable
title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to appl icable Ti tIe Standa rds
adopted by The E'lorida Bar and in accordance wi th law. Buyer shall have 5 days trom
receiving evidence of title to examine- it. If title is found defective, Buyer shall,
within 3 days thereafter, notify Seller in writing specifYlng defect(s). If the defect(s)
render title unmarketable, Seller wlll have 120 days from receipt of notice within which
to remove the defect(s), failing which Buyer shall have the option ot either accepting the
title as it then is or withdrawing from this Contract. Seller will, if title is found
unmarketable, make diligent effort to correct defect Is) in title wlthin the time provided
therefor, including the bringing of necessary suits.
Page 1 of 4
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7. CDTA.Ilf RIOIITS RESERVED
As required by Section
its successors an undivided
8 . SURVEY
Buyer, at Buyer' s expense, wi thin time allowed to deliver evidence of title and to
examine same, may have Real Property surveyed and certified to the Buyer, Seller and
closing agent by a registered Florida land surveyor. If survey shows any encroachment on
Real Property, or that improvements located on Real Property encroach on setback lines,
easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect, except as Buyer shall
have created such defects.
g. CLOSJ:NG PLACK A.,'U> DATE
Buyer may designate closing agent and this transaction shall be closed in the offices
of the designated closing agent in Pinellas County, Florida, ON OR BEFORE: 60 DAYS
roLLOWJ:NG THE ZFrzCTZVE DATE, unless extended by other provisions of this contract. If
either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and
diligent efforts to comply, then upon giving written notice to the other party, time of
closing may be extended up to 30 days without effect upon any other term, covenant or
condition contained in this contract.
10. CLOSING ~S
Seller shall furnish deed, bill of sale, mechanic's lien affidavi t, assignments of
leases, tenant and mortgage estoppel letters, and corrective instruments as applicable to
this transaction. Buyer shall furnish closing statement.
11. CLOSrNG EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is
exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall
pay the costs of recording any corrective instruments.
12. PRORATIONS; CREDITS
If theI:e should exist any taxes, assessments, rent and other revenue specific to the
Property, all of such expenses and revenue shall be prorated through the day before
closing. If the amount of taxes and assessments for the current year cannot be
ascertained, rates for the previous year shall be used with due allowance being made for
improvements and exemptions. Any deposits held by Seller in trust for third parties in
occupancy of the Property shall be credited to Buyer at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full
by Seller.
13. PROPERTY CONDITION
Seller shall deliver the PropeI:ty to Buyer at time of closing in its present "as is"
condition, ordinary wear and tear excepted, and shall maintain the landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclosed
herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title. Buyer's
covenant to purchase the Property "as is" is more specifically represented in either
subparagraph a. or b. as marked [Xl.
a. [ l ~ Ia: Buyer has i.nspected the Property or waives any right to inspect and
accepts the Property in its present -as is. condition.
b.[Xl ~ Is With Right of Inspect~on: Buyer may, at Buyer expense and within 45 days
from Effective Date ("Inspection PeriodM), conduct inspections, tests,
environmental and any other investigations of the Property Buyer deems
necessary to determine suitability for Buyer's intended use. Seller shall grant
reasonable access to the Property to Buyer, its agents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities
services as may be required for Buyer's inspections and investigations. Buyer
shall not engage in any activity that could result in a mechanics lien being
filed against the Property without Seller's prior written consent. Buyer may
terminate this contract by \olritten notice to Seller prior to expiration of the
Inspection Period if the inspections and/or investigations reveal conditions
which are reasonably unsatisfactory to Buyer, unless Seller elects to repair of
otherwise remedy such conditions to Buyer satisfaction. If this transaction
does not close, Buyer agrees, at Buyer expense, to repair all damages to the
Property resulting from the inspections and investigations and return the
Property to its present condition. PAGE 2 or 4
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14. SZLJ...D HELD HAJUa.ESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any
losses, damages, costs, including attorney's fees, claims of injury to or death of any
person(s), any damage to property of Buyer, or the Property, and from and against any and
every liability to any person arising from Buyer conduct of inspections, investigations
and any work performed pursuant to Paragraphs 8 and 13 above,
15. PROaEDS or SALK; CLOUNO P1U>CEDURJ:
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5-day period, notify the Seller. in writing of the defect and Seller
shall have 30 days from the date of receipt of such notification to cure the defect. If
Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall,
upon written demand ~de by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand
for refund, Buyer shall take title "as is", waiving all rights against Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties contained
in the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DzrAULT
If Buyer fails to perform this contract within the time specified (including payment
of all deposit (s)) , the deposit(s) paid by Buyer may be retained by or for the account of
Seller as agreed upon liquidated damages, consideration for the execution of this contract
and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all
obligations under this contract; or Seller, at Seller option, may proceed in equity to
enforce Seller's rights under this contract. If, for any reason other than failure of
Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or
refuses to perform this contract, the Buyer may seek specific performance or elect to
receive the return of Buyer deposit (5) without thereby waiving any action for damages
resulting from Seller's breach.
17. RADON GAS NOTIJ'ICAT:ION
RADON GAS: 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. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
18. CON'l'RACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records.
This contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender
shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
party to be notified, including the parties to this contact, the parties attorneys, escrow
agent, inspectors, contractors and all others who will in any way act at the behest of the
parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY; PERSONS BOUNJ;)
'rhis contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any)
may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs,
personal representatives, successors and assigns (if assignment is permitted).
21. ATTORNEY FEES; COSTS
In any litigation arising out of thi.s contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
22. NO BROJ(ER
Seller and Buyer represent and agree they have dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
indemnify the other from any damage, liability or expense either may suffer as a result of
any claim of a Broker or finder with whom it is determined that the other party has dealt
with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida
sovereign immunity statute, F.S. 768.28.
PAGE 3 or 4
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23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provlsions sh~11 control ~ll printed provisions of contract
in conflict with them.
24. EFFECT or PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to
effect the validity of any other provision. In the event that any provision of this
contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
25. GOVERNING LAW
It 1s agreed by and between the parties hereto that this contract shall be governed
by, construed, and enforced in accordance with the laws of the State of Florida.
26. CO~'ERPARTS; FACSIMILE COpy
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and ,any written modifications
hereof, and any initials or signature thereon shall be deemed an original.
21. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the
deed at time of closing. Upon delivery of deed by the City, and acceptance thereof by
Buyer, the Buyer shall hold the City forever harmless thereafter.
28. EltTllU!: AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire
agreement between the parties, shall supersede any and all prior and contemporaneous
written and oral promises, representations or condition in respect thereto. All prior
negotiations, agreements, memoranda and writings shall be merged herein. Any ~hanges to
be made in this agreement shall only be valid when expressed in writing, acknowledged by
the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK '!'HE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date,+
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Soclal Security or Ta~ 1.0.#
( J APPROVED AND ACCEPTED THIS _____ day of
I 2,000
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Corrunissioner
By:
~fchael J. Roberto, City Manager
Approved as to form and
legal sufficiency:
ATTEST:
John Carassas, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
PAGE 4 OF 4
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Return to:
Bruce M. Harlan
Attorney at Law
326 Belcher Road No.
Clearwater, FI. 33765
Parcel Identification Number:
24-29-15-00000-440-0700
CITY OF CLEARWATER, FLORIDA
DEED OF CONVEYANCE
THIS INDENTURE made this day of 2000,
by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, party of the first part, and ANDREW SZILAGYI, a single man, party of the
second part, whose mailing address is 2140 Belleair Road, Clearwater, Florida 33760-
2540.
WITNESSETH: That the party of the first part, for and in consideration of
the sum of Ten Dollars ($10.00) and ether good and valuable consideration, to it
in hand paid by said party of the second part, at or before the ensealing and
delivery of these presents, the receipt whereof is hereby acknowledged, has
granted, bargained, sold, conveyed and confirmed unto the said party of the
second part, and to its heirs and assigns forever, all the following piece, parcel,
lot or tract of land, situate, lying and being in the County of Pinellas and State of
Florida, and described as follows, to wit:
A portion of the Southeast % of Section 24, Township 29 South,
RanQc 15 East, beinQ more particularly described as follows:
Begin at the Southeast corner of Section 24, Township 29 South,
Range 15 East, run thence North 88023'23" West along the South
line of said Section 24, 641.60 feet; thence North 01036'37" East,
50.00 feet for a POINT OF BEGINNING; thence North 01036'37" East,
20.00 feet; thence North 88023'23" West, 20.00 feet; thence South
01036'37" West, 20.00 feet; thence South 88023'23" East along the
North right-of-way line of Belleair Road, 20.00 feet to the POINT OF
BEGINNING.
Containing 400 square feet, more or less
TOGETHER WITH all and singular the tenements, hereditaments and
appurtenances thereunto belonging or appertaining; and every right, title or
interest, legal or equitable, of the said party of the first part in and to the same.
TO HAVE AND TO HOLD the same unto the said party of the second
part, its heirs and assigns, to its own proper use. benefit and behoof forever.
Page 1 of 2
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IN WITNESS WHEREOF, the said party of the first part has caused these
presents to be executed in its name by its City Manager, attested by its City
Clerk, countersigned by its Mayor-Commissioner, and approved as to form by its
Assistant City Attorney, and its corporate seal to be hereunto attached, the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
-
Brian J. Aungst, Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA:
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Augnst, the
Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed to the
use and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this _ day of
,2000.
Notary Public - State of Florida
Type/Print Name
STATE OF FLORIDA:
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Michael J. Roberto, City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
aCknowledged the execution thereof to be his free act and deed for the use and
purposes herein set forth, and who is personally known to me,
WITNESS my hand and official seal this _ day of
,2000.
Notary Public - State of Florida
Type/Print Name
Approved as to form:
John Carassas, Assistant City Attorney
Page 2 of 2
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # ~ ~
Meeting Date: 8. 3 . (jj
SUBJECT/RECOMMENDATION: Approve a work order to Engineer of Record, Tampa Bay Engineering,
Clearwater Fl., in the amount of $373,000 for sanitary sewage pump station and force main design,
...D and that the appropriate officials be authorized to execute same.
SUMMARY:
In November 1999 the Commission approved a work order to TBE in the amount of $246,838 to provide
engineering design services to rehabilitate pump stations 20 & 35 on Island Estates. As part of that project
City staff requested TBE study the feasibility of manifolding satellite pump station force mains from
Clearwater Beach and Island Estates directly to the Marshall Street treatment plant. The goal of this request
was to downsize the bayfront pump station to accommodate downtown redevelopment and increase the
efficiency and safety of the system.
TBE's preliminary engineering report indicates that manifolding beach pumping and downsizing the
bayfront pump station is feasible. Changes to the pumps and controls in the outlying beach pump stations
will support direct pumping to the Marshall Street wastewater treatment plant. A new smaller bayfront
pump station will accommodate and pump only sewage flowing to the lower bluff area eliminating the
need to repump beach flow.
To date, TBE has spent $48,868.75 of the $246,838 from the existing work order. The balance of this work
order will be cancelled, and the new work order as approved by the Commission will change the scope of
the original work order to address engineering design for five beach lift stations and the bayfront pump
station.
"CCNA requirements have been met through the Engineer of Record selection process. PWA staff has
selected TBE as the best qualified firm based on those guidelines."
Adequate funding for this project is available in the Sanitary System Renewal and Replacement CIP, 315-
96665.
Reviewed by:
Legal ~
Budget ~
Purchasing ~
Risk Mgmt na
Originating Dept.: cP
Public Works Admi~rAtion
User Dept.:
Public Utilities
Current FY $373,000
Funding Source:
CI X
OP
Other
na
Costs
Total $373,000
Info Srvc
Public Works
OCM! ACM
Other
~
Attachments
Submitte<l by: -n _II 1 J
City Manager f')\;IL4 ~
Printed on recyclt!d paper
o None
A ro riation Code:31 S-96665-56380~53S-000
(Jw L{
City of Clearwater
Public Works Administration
Tampa Bay Engineering, Inc. (TBE) Work Order Initiation Form
d-J
Date: June 12, 2000
TBE Project Number
City Project No. SEV-0614 00
1.
PROJECT TITLE:
Pump Stations 11, 14, 16,20,35 and 45 Improvements
2. SCO PE OF WORK:
As part of the Sanitary Sewer System Evaluation and Self Audit, Phase 1, twenty-fourofthe
City's wastewater pump stations were evaluated for upgrades due to age and condition.
Stations 20 and 35 received high priority ratings for rehabilitation improvements and to be
brought up to current regulatory standards.
During the preliminary analysis of the design of PS 20 and 35, City staff and TBE
determined that a review of the larger pump stations being repumped by PS 16 was
warranted. TBE prepared a Preliminary Pumping Alternatives Report analyzing alternatives
for pumping the flows from the beaches and from Island Estates to the Marshall Street
WWTP. This report analyzed three alternative pumping scenarios and recommended
Altenlative 3, which calls for the force mains from PS's 11, 14, 20, and 45 to be manifolded
together with the combined flow bypassing PS 16 and being pumped directly to the Marshall
Street WWTP. This will require increasing the pump head for these stations and downsizing
PS's 16 and 20 since their flows will decrease. In addition, a new force main from PS 11
will be installed across Clearwater Harbor and along the causeway which will manifold with
the force main from PS 20, thereby allowing the flow from PS 11 to bypass PS 20.
TBE shall provide professional engineering design services to modify PS's 11, 14, 16,20,
and 45, to allow them to pump aU the way to the Marshall Street WWTP, as follows:
. Pump Station 11 will be relocated within 500 feet of its current location with new
pumps and electrical as required.
. Pump Station 14 will be modified in place with new pumps and electrical as required.
. Pump Station 16 will be relocated from its current location and downsized as
appropriate for its reduced flow. The relocation will be coordinated with Clearwater
bluff redevelopment and bridge projects.
. Pump Station 20 will be modified in place with new wet well, pumps, and
appurtenances as required.
. Pump Station 45 will be modified in place with new pumps.
Tampa Bay EOEineerln2, Inc.
J \D0C\00083'OOO830Z I 03\ Work 0C'd
Page 1 of 5
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Additionally, PS 35 will be rehabilitated in place and will continue to pump to PS 20.
Specifically, TBE will provide the following engineering services and/or professional
disciplines:
~ Hydraulic Analysis
~ Construction Plans and Specifications
~ Cost Estimating
~ Topographical Survey
~ Geotechnical Services
~ Mechanical, Structural, HV AC, Electrical, Instrumentation and Architectural
~ Civil Engineering
~ Pennitting
~ Utility Coordination
Ii> Public Infonnation
~ Basic Services during Construction
The following tasks are included in this project:
Task 1
Preliminary Design Report
A Preliminary Design Report addressing the following items as a minimum
shall be prepared:
A. Proposed Sites and Alternatives for PS 11 and PS 16 (TBE will
coordinate with the City's architect, developer and consultants as
required)
B. Impact of Existing Utilities, Buildings, Trees and Other Physical
Features
C. Odor Control
D. Permitting
E. Hydraulic Analysis
F. Pump Selection
G. Emergency Power
H. Architectural, Structural, Mechanical, Electrical, HV AC and
Instrumentation
1. Estimate of Probable Construction Cost
J. Landscaping (TBE will coordinate with City landscape architect)
Also included shall be attendance at community meetings (up to four) as
required.
Task 2
Final Design
Prepare final construction plans, specifications and contract documents to
Tampa Bay Eneineerlne. Int.
J:\J)()('.OOO131OOO83021 03\WUR.m!
Page 2 of 5
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secure acceptable bids for construction. Prepare penllits as required and
construction cost estimate. Provide for lift stations site survey necessary for
the location, design, and preparation of construction plans. All survey
services will be in accordance with Chapter 481, Florida Statues and Rules
61 G 1, F.A.C. Provide for acquisition of necessary soil data and other
pertinent information required for the design and construction of the proposed
force main and lift stations rehabilitation and associated facilities.
Task 3
Bidding Assistance
TBE shall provide general services during the bidding phase for both the
force main contract and the pump stations contract which may include:
A. Attend a pre-bid conference, ifrequired
B. Prepare fonnal addenda to clarify and/or expand the contract
documents
C. Attend bid opening
D. Prepare an evaluation of all bids and prepare a recommendation of
award to the City when the bids have been received
Task 4 (Future) General Services During Construction
TBE will attend and assist in a pre-construction conference for both the force
main contract and the pump station contract. Services to be performed during
construction include:
A. Provide written memorandum identifying the critical points requiring
observation during construction to comply with certifications for
pennitting
B. Attend the pre-construction conference
C. Review and approve all required shop drawings
D. Furnish consultation during construction regarding the interpretation
of any and all parts of the plans and specifications. Eight hours per
week for 82 weeks has been budgeted for this task
E. Project Engineer to make visits to the sites at appropriate intervals to
observe the work in progress
F. Expeditiously respond to problems during construction
G. Review requests for substitution of materials
H. Review all Change Orders and Supplemental Agreements
I. Attend pre-final field meeting after all deficiencies are corrected
J. Prepare all required permit certifications
3. GOALS:
To provide rehabilitation and upgrade of Pump Stations 11, 14, 16, 20, 35, and 45 to
Tampa Bay Eneineerine. Inc.
J 1J)()C'<<)()Il\OOO8J021 OJ\ Won: onl
Page 3 of 5
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facilitate operation and maintenance and to confoml to current regulatory standards. Also)
provide new force main from Pump Station II.
4. BUDGET:
Design Phase
Task I
Task 2
Task 3
Preliminary Design Report
Final Design I
Bidding Assistance
$ 59,000
$305,000
S 9.000
Total
$373,000
1 Includes Survey and Geotechnical
2 General services during construction (Task 4) is estimated to be $138,000 and will be
confirmed prior to award of the construction contract.
s. SCHEDULE:
Services to be rendered will commence upon written notice from the City.
Task 1 wll be completed in approximately 120 days following notice to proceed.
Task 2 will be completed in approximately 150 days following approval of the Preliminary
Design Report.
6. THE STAFF ASSIGNMENTS:
Title - Name
Phone Number
Extension Number
531-3505 ext 345
531-3505 ext 323
531-3505 ext 352
Principal in chargelProject Liasion - Robert G. Brown) PE
Director - Dorian Modjeski, PE
Project Manager - Donald McCullers
7. CORRESPONDENCEIREPORTING PROCEDURES:
Correspondence shall be sent to Kelly O'Brien, Civil Engineer 1, Engineering Department
with copies to Kevin Becotte, PE, Public Utilities Director, and N. David Sickler,
Wastewater Collection Superintendent.
8. INVOICINGIFUNDING PROCEDURES:
The fees for Tasks 1) 2, 3 and 4 shall be based on provision of Payment B - Lump Sum and
will be invoiced monthly based on percent complete.
Tampa Bav Enelneerine.. Inc.
J:\OOC'lOOOK3'<<1013021.0J\ Work ord
Page 4 of 5
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A maximum fee of$373,000.00 has been established for this work order.
City Invoicing Code: 315-96665-56 1300- 535-000
9. SPECIAL CONSIDERATIONS:
It is assumed that the site selections for Pump Station 11 and 16 will be completed within
three months of the notice to proceed, pending the availability of sites and the status of the
City's bluff redevelopment project.
Services to be provided by the City:
. Payment of pennit application fees as may be required.
. Perform acquisition of property and easements as required.
10. QAJQC
I hereby certify as a licensed Professional Engineer, registered in accordance with Florida
Statue 471 (481) that the above project's site and/or construction plans, to the best of my
knowledge, infonnation and belief will meet applicable design criteria specified by City
municipal ordinance, State and Federal established standards. I understand that it is my
responsibility as the project's Professional Engineer to perform a quality assurance review
of these submitted plans.
PREPARED BY:
02/' Y! ~
CITY:~/~ .[0 0-~
Michael D. Quillen, PE Date
City Engineer
TBE:
~df2
Robert G. Brown
Senior Vice President
.'f1 ~~
ate
Tanlpa Bav Enelneerln2. IDe..
J \D()0OOOIJIOOOIJ021 OJ\WOfkord
Page 5 of 5
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Meeting Date:
~
~.3.oo
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
SUBJECT/RECOMMENDATION:
Pass Ordinance No. 6586-00 on first reading, granting Adelphia Business Solutions of Florida,
L.L.C. .8 franchise to provide telecommunications services to business customers in the City of
Clearwater,
o
and that the appropriate officials be authorized to execute same.
I
SUMMARY:
· Adelphia Business Solutions of Florida, L.L.C. has requested a franchise from the City of
Clearwater to provide telecommunications services to business customers within Clearwater.
· They are constructing a Fiber-optic Sonet based network. For the most part the fiber-optic lines
will be on existing poles.
· The City has the authority to grant a telecommunications franchise pursuant to Florida Statutes ~
362.01, Florida Statutes 9 337.401, and Chapter 32 of the City of Clearwater Code of Ordinances.
· The franchise agreement is non-exclusive. Adelphia Business Solutions of Florida, L.L.C. will
obtain the necessary permits as required by all franchisees for this purpose.
. The franchise is for a 1 O-year term.
. The grantee shall pay a monthly franchise fee of 1 % of the local recurring revenues.
Reviewed b, .~ Originating Dept: Costs N/A
Legal " \.,.. Info Tech NA Economic Development Total
Budget NA Public Works -p User Dept. Funding Source:
Purchasing NA DCtvV ACM Economic Development Capitallmprovemenl Current Fiscal Year
Risk Mgrnt NA Other NA Attachments OperJling
Other
Ordinance No. 6586-00 Appropriation Code:
Rev. 2/98
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ORDINANCE NO. 6586-00
AN ORDINANCE GRANTING TO ADELPHIA BUSINESS SOLUTIONS OF
FLORIDA, LLC., ("ADELPHIA" OR "GRANTEE"), THE PERMISSION TO
OCCUpy MUNICIPAL STREETS AND RIGHTS-OF-WAY IN THE CITY OF
CLEARWATER, FLORIDA ("GRANTOR"), AS A MEANS OF PROVIDING
TELECOMMUNICATION SERVICE; PRESCRIBING THE TERMS AND
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;
PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. Findings.
(A) The Grantor deems it necessary, desirable and in the interest of the health,
safety and welfare of its citizens to establish by ordinance a Franchise granting the
permission to Grantee to occupy Rights-at-Way in the City at Clearwater. Florida, as a
means of providing Telecommunications Services.
(8) The Grantee is willing to place and maintain its Telecommunications Facilities
within the City under a franchise from Grantor, pursuant to Fla. Stat. S 362.01 (1998), Fla.
Stat. 9 337.401 (1998), and Chapter 32 of the City of Clearwater Code.
SECTION 2. Short Title.
This Ordinance shall be known and may be cited as the "Adelphia" Telecommunications
Franchise."
SECTION 3. Definitions.
For the purposes of this Ordinance, the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context,
words in the present tense include the future tense, words in the plural number include the
singular number, and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
(A) "Backhaul Network" - A physical network of copper, fiber optic or microwave
links that connect Micro or Pica Cell sites to a central switching point or the public switched
telephone network.
1
Ordinance 6586-00
CD:L 4- ;}Lf
(B) IICable Systems" - A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment that is designed to
provide cable service which includes video programming and which is provided to multiple
subscribers within a community, but such term does not include:
(1) A facility that serves only to re-transmit the television signals of one
or more television broadcast stations;
(2) A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control, or management, unless such facility
or facilities uses any public rights-of-way;
(3) A facility of a common carrier, except that such facility shall be
considered a cable system to the extent such facility is used in the transmission of
its video programming directly to subscribers; and
(4) Any facilities of any electric utility used solely for operating its electric
facility systems.
(C) "Cell Site" - The location of a transmitter! receiver and backhaul network
interface system which provides telephone or telecommunications type services to
subscribers. These locations include single pole-mounted receiverl transmitter units, cable
suspended units, receiver/transmitter units located on new or existing antenna structures,
receiverl transmitter units located in buildings and on roof tops.
(D) "The City" - The City of Clearwater, Florida.
(E) "Emergency" - A reasonably unforeseen occurrence with the potential to
endanger personal safety or health, or cause substantial damage to property, that calls for
immediate action.
(F) "Franchise Area" - That portion of Grantee's service which is within the
corporate city limits of the Grantor.
(G) lIGrantee" - Adelphia Business Solutions of Florida, LLq rAdelphia"), its
successors and assigns.
(H) IIGrantor" - The City of Clearwater, Florida (lithe City").
(I) IILaw" - Any local, state or federal legislative, judicial or administrative order,
certificate, decision, stat~t~, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirement, as amended, now in effect or subsequently enacted or
issued during the term of this Agreement, including, but not limited to, the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, Pub.L.No. 104-1049
101 (a), 110 Stat. 70 codified at 47 U.S.C.. and all orders, rules, tariffs, guidelines and
regulations issued by the Federal Communications Commission or the governing state
authority pursuant thereto.
2
Ordinance 6586"00
(J) "Micro CeiL" A transmitter/receiver system used to communicate to the
subscriber's handset. Typically with a range 600-1,000 meters.
(K) "Person" - Any person, firm, partnership, association, corporation, company
or organization of any kind.
(L) "Pico Cell" A transmitter/receiver system used to communicate to the
subscriber's hand set. Typically with a range of 200- 600 meters.
(M) "Recurring Local Service Revenues." Revenues from the recurring charges
for local services provided by Grantee using its Telecommunications Facilities within the
Grantor's rights-at-way.
(N) "Rights-of-Way" - All of the public streets, alleys, highways, waterways,
bridges, easements, sidewalks and parks of the City, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present limits of the City, or in such
territory as may hereafter be added to, consolidated or annexed to the City.
(0) "Telecommunications Company" - Every corporation, partnership, and person
and their lessees, trustees, or receivers appointed by any court whatsoever, and every
political subdivision in the state, offering two-way Telecommunications Services to the
public for hire within this state by the use of a Telecommunications Facility.
(P) "Telecommunications Facilities" Includes real estate, apparatus, and property
used and operated to provide two-way Telecommunications Services to the public for hire
within this State.
(Q) "Telecommunications Services" - Includes, without limitation, local service as
defined in FI. Stat. S 203.012(3) (1998), toll service as defined in FI. Stat. S 203.012(7)
(1998), private communication service as defined in FI. Stat. S 203.012(4) (1998), or any
other provision ot two-way communications services to the public for hire.
Telecommunications Services, as contemplated herein, does not include the provision of
service via an open video system, which shall require separate authorizations from the
Grantor.
(R) "Wireless Communication System" - Any system which uses form of cellular
telephony which allows business and residential subscribers to access and/or make
telephone calls to each other through the wireless communication system or one of the
public switched telephone networks using cordless telephone devices which communicate
with limited range micro or pico cells (transmitter/receiver sites) connected to a backhaul
network.
SECTION 4. Grant of Authority.
(A) There is hereby granted by Grantor, to Grantee, the right and privilege to
construct, erect, operate. own and maintain, in, upon, along, across, above, over and
under Rights-of-Way now laid out or dedicated, and all extensions thereof, and additions
thereto in the City, poles, wires, cables, underground conduits, manholes and other
3
Ordinance 6586-00
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Telecommunications Services and utility structures necessary or proper for the
maintenance and operation of its Telecommunications Services, provided that all visible
portions of the same shall conform to the National Electrical Code. This Franchise is
awarded subject to all applicable Law. Grantee and Grantor acknowledge that Grantee's
Telecommunications Services business is subject as a telecommunications common
carrier to the requirements of Fla. Stat Ann 9364 (West 1995) and the Rules and
Regulations of the Florida Public Service Commission in its intrastate aspects and to 47
U.S.C. 9201 et seq., and the Rules and Regulations of the Federal Communications
Commission in its interstate aspects.
(8) This Franchise is for use by Grantee of Grantor's Rights-of-Way for all lawful
purposes related to Grantee's Telecommunications Services business. Grantee agrees
that it shall not, unless allowed specifically by applicable State or Federal law, use
Grantor's Rights-of-Way for the operation of a Cable System without a separate franchise
therefor from the City. Grantee also agrees that without the prior written permission of
Grantor, it will not allow any entity providing a wireless communication system to acquire
rights to occupy Rights-af-Way under this Franchise. This Franchise is for use by Grantee
of Grantor's Rights-of-Way for all lawful purposes related to Grantee's Telecommunications
Services business. Grantor shall not prevent Grantee from using wireless technology to
provide Telecommunications Services, under applicable ordinances and regulations.
(C) Annexation or Contraction. Grantee agrees that the Franchise Area may be
subject to expansion or reduction by virtue of Grantor's annexation or contraction of
municipal boundaries. If Grantor approves any Franchise Area expansion or reduction by
annexation, Grantor will provide notice to Grantee. Grantee must revise its payments due
to any expansion or reduction by annexation within a reasonable time after notice to
Grantee, but no later than sixty (60) days after notice of the effective date of change.
(D) Non-Exclusive Use. The right to use and occupy said Rights-of-Way for the
purposes herein set forth shall be non-exclusive, and the Grantor reserves the right to
grant a similar use of said Rights-of-Way to any person at any time during the period of this
Franchise, so long as such grant is competitively neutral and non-discriminatory, as
required by 9 253 of the Telecommunications Act of 1996, with respect to similarly situated
users of the Rights-of-Way.
SECTION 5. Terms of Franchise.
(A) The Franchise and rights herein granted shall take affect and be in force from
and after the final passage hereof, as required by law and upon the filing of an acceptance
by Grantee of all the terms thereof with the Grantor and shall continue in force and effect
for a term of ten (10) years commencing on the date of the signing of this Agreement. This
Agreement shall automatically renew for one (1) additional one (1) year period, unless
either paliy gives ninety (90) days notice of intent to terminate prior to the end of the ten
(10) year term; provided, however, that the City may not terminate this Agreement unless
Grantee has substantially breached a material provision hereof, which breach shall be
governed by Section 8.
4
Ordinance 6586-00
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(8) Provided, however, that the Grantor or Grantee at any time during the term
of this Franchise may open applicable terms hereof for good faith renegotiation, except that
modifications to the franchise fee shall be governed by Section 6(A). The party seeking
to reopen the terms of the Franchise shall provide written notice of intent to do so to the
other party. Upon receipt of notice to reopen, the party receiving such notice shall be
required to meet with the other party to review the terms requested and to negotiate in
good faith on such terms. Negotiations on all reopened terms shall be concluded within
a reasonable period of time, but in any event shall be concluded within ninety (90) days
after commencing. Neither party is excused from compliance with the Franchise during
any period of renegotiation or following such renegotiations in the event that the parties do
not agree on new terms. If parties fail to achieve a mutually agreeable resolution, they
reserve their rights to pursue any and all remedies available at law, except as provided in
this Section 5(8) or in Section 6(A), with respect to modifications hereto. Neither the
Grantor nor the Grantee shall be deemed to have waived any rights or remedies at law by
virtue of executing this Agreement.
SECTION 6. Payment to Grantor.
(A) The Grantee shall pay to the Grantor monthly as a franchise fee under this
Franchise the sum of one percent (10/0) of the gross receipts of the Franchisee on
Recurring Local Service Revenues for services provided within the corporate limits of the
City by the Grantee. To the extent that any changes in State law permit a higher
percentage or require a lower percentage or require a broader or narrower base of services
to be subject to franchise fees, the percentage or base specified in this Franchise shall be
automatically modified to the level permitted by Law.
(8) Payment shall be made to the Grantor for each month no later than the
thirtieth (30th) day of the following month. The monthly payment shall be made by wire
transfer for any monthly payment that exceeds $2,000.00. Any monthly payment or any
portion thereof received thirty (30) days or more after the due date shall be subject to
interest at the rate of 120/0 percent per annum or the maximum amount allowed by law until
all payments are paid in full.
(C) The Grantee will attach to each payment a statement of its gross receipts on
recurring local service revenues for the period on which such payment is based, signed by
an authorized representative of the Grantee, in such form and detail as the Grantor's
auditor reasonably may from time to time prescribe, sufficient to show the source and
method of computation of said gross receipts. The acceptance of any statement or
payment shall not stop the Grantor from asserting that the amount paid is not the amount
due or from recovering any deficit by any lawful proceeding, including interest to be applied
at a rate equal to that provided by statute for Florida circuit court judgments.
(0) The Grantee shall supply all accounts and records of the Grantee and/or all
such information that the Grantor or its said representative reasonably may from time to
time request or require which are necessary to determine the correctness of such
statement. Said records may be inspected by the Grantor or its duly authorized
representatives during normal business hours, upon reasonable notice to the Grantee at
the Grantee's local office in the Tampa Bay Area.
5
Ordinance 6586-00
SECTION 7. Notice of Assignment.
(A) The rights and privileges granted by this Franchise shall not be sold,
assigned, transferred, leased or pledged in whole or in part without the express consent
of the City Commission in accordance with the City of Clearwater Code of Ordinances
Section 32.035, which shall not be unreasonably withheld. No such sale or transfer shall
be effective until the vendee, assignee or lessee has filed with the Grantor an instrument,
duly executed, reciting the fact of such sale, assignment or lease accepting the terms of
the Franchise, and agreeing to perform all the conditions thereof.
(B) Notwithstanding the foregoing, the Grantor acknowledges and agrees that
Grantee may assign or collaterally assign, in whole or in part, its rights, interests and
obligations hereunder without limitation to any of its affiliates, any party providing financing
to Grantee, and any successors and assigns of the foregoing without the consent of the
Grantor. Grantee will provide the Grantor with notice of any assignment. The Grantor
agrees that the holder of any security interest shall not be prevented or impeded by the
Grantor from enforcing such security interest and shall not terminate this Agreement
without the prior written consent of the assignee. The Grantor shall not unreasonably
withhold consents to assignment and/or acknowledgments of any security interest as are
requested by Grantee to give effect to the foregoing. Such acknowledgments may contain
an agreement to allow the holder of such security interest to cure defaults by Grantee
under this Agreement and a consent to allow the assignment to the successors-in-interest
of the holder of such security interest.
SECTION 8. Ordinance Violations.
(A) Substantial Violations
Any substantial violation by the Grantee, its vendee, lessee or successor of the
provisions of this Franchise or any material portions thereof, may cause the Franchise and
all rights hereunder to be terminated and/or penalties to be imposed in accordance with
the City of Clearwater Code of Ordinances Section 32.038. After written notice to Grantee
of a violation and failure by Grantee to rectify the violation within a reasonable time,
. Grantor may terminate the Franchise and/or assess a penalty. A reasonable period of time
is defined as the period of time required to rectify a violation assuming that the Grantee
has commenced a good faith effort to rectify such violation but under no circumstances
shall be longer than thirty (30) days unless the failure to cure the violation is due to
circumstances beyond Grantee's control (such as an act of God), or an inability to cure
notwithstanding Grantee's diligent, good faith effort to do so.
(8) Penalties for Certain Non-Performance
In the event that certain events occur, penalties of $500 per occurrence may be
imposed by the Grantor. Listed below are certain req uirements which, if not met by
Grantee, may cause Grantee to be subject to penalties:
(1) Unless otherwise agreed to, upon Grantor's undertaking a utilities
project and submission of plans or drawings to Grantee for review and comment,
6
Ordinance 6586-00
Grantee shall respond to Grantor no later than two weeks from the date of receipt
of such plans to comment on the feasibility and compatibility of such plans with the
existing Telecommunications Facilities.
(2) Telecommunications Facilities shall not be installed or placed without
obtaining all required permits.
(3) Grantee shall obtain Grantor's approval before Grantee undertakes
any project requiring the closing of streets or traffic lanes, except during emergency
situations.
(4) Grantee shall obtain permits from Grantor prior to the trimming and
removal of trees.
(5) Grantee shall obtain Grantor's approval before Grantee has displaced,
damaged, or destroyed any sewer or water main, storm water appurtenance, or
other utility belonging to Grantor.
(C) The Grantor shall enforce the foregoing provisions with respect to the
assessment of penalties in accordance with the Florida Administrative Procedure Act,
Chapter 120 of the Florida statutes.
SECTION 9. Grantor Rights in Franchise.
(A) Consistent with applicable Law, the right is hereby reserved to the Grantor
to adopt, in addition to the provisions herein contained and existing applicable ordinances,
such additional regulations as it shall find necessary in the exercise of its police power.
(8) The right is hereby reserved to the Grantor to purchase, in accordance with
all applicable tariff rates and terms, Telecommunications Services offered by Grantee
within the Franchise Area, to the extent that each service ord(~red is already available
within the particular sector of the Franchise Area for which the Grantor seeks to obtain the
service. Nothing herein shall be deemed to the contrary.
(C) At the expiration of the term for which this Franchise is granted, or upon its
termination, as provided for herein, the City shall have the right to require Grantee to
remove, at its own expense and with dispatch, all portions of its Telecommunications
Facilities from the City streets; provided, however, the Franchise may be renewed upon
expiration so long as Grantee is in substantial compliance with its provisions.
(0) If the City wishes, after the expiration of this Franchise, to purchase all or any
part of the property of Grantee's Telecommunications Facilities operated within the City's
municipal boundary hereunder, at fair market value as a going concern, but with no value
allocated to the Franchise itself, it may give written notice of its election to the Grantee
within sixty (60) days prior to the expiration of the term hereof. If Grantee does not wish
to convey its Telecommunications Facilities to the City and does not seek renewal of the
Franchise, Grantee must remove its Telecommunications Facilities within one (1) year of
7
Ordinance 6586-00
,_r'. "~'_. "., -"~~'r"~;~".I'_f,"'''''''?' ,.J.."~_..',~', '#/') , . '..("/: '.....";t/T;~_.~.." l"J'I:.~:,..;,,," :..r,::. ro' '....to' ..,....(,,,.'h,.,',.....t;'~ 1 .,.),:.:~'.J .',....~~..:..~ .~..~..:. ~~';'l;...~-~:.;\".~',."'<:'
the expiration of the Franchise, or the City may remove them and Grantee will reimburse
Grantor for all reasonable and documented costs of removal.
(E) Inspection. The Grantor shall have the right to inspect in a reasonable
manner all construction and installation work to insure compliance with governing
ordinances.
SECTION 1 O. Conditions on Street Occupancy.
(A) Us~. Telecommunications Facilities erected by the Grantee within the
Franchise Area shall be so located as to cause minimum interference with the proper use
of Rights"of-Way, and to cause minimum interference with the rights of property owners
who adjoin any of the said Rights-of-Way. In any location where Grantee is unable to
locate on existing poles, grantee shall place its facilities underground.
(B) RestoratiQ.!]. In case of any disturbance of surface, base or landscape
treatment of Rights-of-Way or damages to Grantor's structures and facilities caused by the
Grantee's operations and activities, Grantee shall, at its own cost and expense, replace
and restore all Rights-af-Way or Grantor's structures and facilities disturbed, to the same
or better condition as before said work was commenced and in accordance with City Code.
However, should the Grantee fail to commence restoration after fifteen (15) days notice,
in writing, to said Grantee by the Grantor, the Grantor may make such repair and
restoration of the same and Grantee shall pay reasonable and documented costs incurred
by Grantor. Grantee shall warrant for one (1) year all work done to repair Grantor's Rights-
of-Way and other property during the term of this Franchise. Upon detection by Grantee
or upon request of the Grantor, Grantee shall at no cost to the Grantor repair sunken
patches, trenches or make other repairs that become necessary because of excavation or
other work done by the Grantee at any time during the term of the Franchise.
(C) Relocation. At any time during the period of this Franchise, if Grantor lawfully
elects to alter, or change the grade of any Rights-of-Way, or alter or move any structure
or facility of Grantor, it may require Grantee, upon reasonable notice by Grantor, to review,
relay, and relocate its poles, wires, cables, underground conduit and other
Telecommunications Facilities at it own expense, so long as Grantor requires same of all
other similarly situated users of the Rights-of-Way.
(0) Placement of Fixtures. Grantee shall not place poles or other fixtures where
the same will interfere with any water hydrant. water main, or sewage line, reclaimed water
lines and hydrants, traffic signal poles and facilities, storm drains and facilities, so long as
Grantor requires same of all other similarly situated users of the Rights-of-\Nay. All such
poles or other fixtures placed in any Right-of-Way shall be placed in such a manner as not
to interfere with the usual travel thereon.
(E) Unauthorized Installation. Except in an Emergency, any conduits, cables or
pole lines installed or placed witllout first having obtained the permits herein provided for
shall be moved within thirty (30) days after receipt of written notice by Grantor to remove
the same. In default of compliance with such notice, the conduits, cables, or poles may
8
Ordinance 6586-00
be removed by order of the Department of Public Works of the City and the cost of removal
shall be borne and paid by the Grantee.
(F) Temporary Removal of Wire 'for Building Moving. Grantee, on the request
of any person holding a building permit issued by Grantor, shall temporarily raise or lower
its wires to permit the moving of buildings, so long as same is required of all other similarly
situated users of the Rights-at-Way. The expense of such temporary removal, raising or
lowering of wires shall be paid by the person requesting the same, and Grantee shall have
the authority to require such payment in advance. Grantee shall be given notice of not less
than forty-eight (48) hours to set a schedule for such temporary wire changes.
(G) Tree Trimming. Grantee shall have the authority to trim trees upon and
overhanging Rights-of-Way of Grantor so as to prevent the branches of such trees from
coming in contact with the wires and cables of Grantee, all trimming to be done pursuant
to governing laws and at the expense of Grantee.
(H) Underaround Facilities.
(1) Adelphia shall place its Facilities underground on Gulf- To-Bay
Boulevard and on any other City street as may be subsequently required by the
City's corridor or redevelopment plans; provided, however, that all utilities located
in areas in which the City shall require facilities to be placed underground shall also
be required to bury all fiber at the same time and under the same terms and
conditions.
(2) Replacement poles, underground cables or other Telecommunications
Facilities shall be placed between the property line and the curb line of all streets
and avenues and shall not be within the roadway recovery area. New underground
cables, when it is practicable to do so, and required of all similarly situated users of
the Rights-of-Way, shall have consistent alignment parallel with the edge of
pavement, a thirty-six inch (36") depth of cover for the paved portion of roadways,
a twenty-four inch (24") to thirty inch (3011) depth of cover in all areas except the
paved portion of roadways, and shall have a two (2') foot horizontal clearance from
other underground utilities and their appurtenance. The lowest wire on any poles
placed in any Right-of-Way used by vehicle traffic shall not be less than eighteen
(18') feet from the ground and, whenever Grantee's wires and electric power wires
cross each other, wires shall cross and be maintained in accordance with the
National Electrical Code.
(3) Within six (6) months of the effective date of this Franchise, the
Grantee shall present a facilities plan, which shall: (i) include a construction
schedule; (ii) be coordinated with the Grantor's construction programs to minimize
impact on the motoring public; (iii) be in compliance with Section 10(H) of this
Franchise Ordinance; and (iv) be acceptable to the City's Director of the Department
ot Public Works. Such approval approval shall not be unreasonably withheld.
(4) Grantor agrees to be a member of the one-call toll-free telephone
notification system prescribed pursuant to Fla. Stat. Ann 9556 (VVest 1997).
9
Ordinance 6586-00
(I) Permits. No work shall be performed by Grantee, its subcontractors,
contractors, agents or authorized representatives to install, locate, relocate or maintain
Grantee's Telecommunications Facilities in, upon, along, across, above, over or under the
Rights-of-Way now laid out or dedicated, and all extensions thereof, without first obtaining
a proper permit for such work from Grantor, which permit shall not be withheld
unreasonably or in a discriminatory manner. To the extent required by law, Grantee and
each ot its subcontractors, contractors, agents or authorized representatives must be
licensed to perform their services in the Franchise Area. Grantee assumes all
responsibility for applicable permit(s), their reasonable and nondiscriminatory requirements
and conditions, including notification for inspection purposed, and conformance to Grantor
specifications. To the extent allowed by Law, all licensing fees are applicable to Grantee.
(J) Right-of-Way Not Warranted. Grantor does not warrant any right, title or
interest of any Rights-ot-Way in existence or hereafter acquired, used by Grantee or as
may be used by Grantee in the future.
(K) Inspection. The Grantor shall have the right to inspect all construction and
installation work to insure compliance with governing ordinances.
SECTION 11. Governing Law and Venue.
(A) Grantee shall, at all times during the life of this Franchise, be subject to all
lawful exercise of the police power by Grantor.
(B) The rights and privileges granted to Grantee by this Franchise shall at all
times be subordinate and inferior to the rights of the public in and to the ordinary use of
Grantor's Rights-of-Way, and nothing in this Franchise shall be considered as a surrender
by Grantor of its right and power to use and relocate its Rights-of-Way.
(C) The Franchise and rights herein granted are subject to the provisions of
applicable law.
(D) Venue. In the event that any legal proceeding is brought to enforce the
terms of this Franchise in a court of law, the same shall be brought in the State court in
Pinellas County, Florida or the United States District Court for the Middle District of Florida.
SECTION 12. Grantee Liabilitv - Indemnification.
(A) The Grantee shall indemnify, defend (with counsel reasonably acceptable to
the City) and hold the Grantor and its officers, directors, agents, servants, employees,
successor and assigns harmless of and from any and all claims for personal injury, death
or property damage, any other losses, damages, charges or expenses, including
reasonable attorney's fees, witness fees, court costs and the reasonable value of any
services rendered by any officer or employee of the Grantor, and any orders, judgments
or decrees which may be entered, which arise or are alleged to have arisen out of, in
connection with, or attributable to, the Grantee's activities under this Franchise and the
placement, repair, relocation or removal by the Grantee of any portion of the
10
Ordinance 6586-00
(ii) $50,000 for property damage resulting from anyone accident.
Telecommunications Facilities, except to the extent any losses arise from the willful
misconduct or negligent acts or omissions of the City, its officers, directors, agents,
servants, employees, successor and assigns. Grantee shall undertake at its own expense
the defense of any action which may be brought against the Grantor for damages,
injunctive relief or for any other cause of action arising or alleged to have arisen out of, in
connection with or attributable to, the foregoing; and, in the event any final judgment
therein should be rendered against the Grantor resulting from the foregoing, the Grantee
shall promptly pay the final judgment together with all costs relating thereto; the Grantee
being allowed, however, an appeal or appeals to the appropriate court or courts from the
judgment rendered in any such suit or action upon the filing of such supersedeas bond as
shall be required to prevent levy or judgment against the Grantor during such appeal or
appeals. Grantor shall notify Grantee's representative in City within ten (10) days after
presentation of any claim or demand, either by suit or otherwise, made against Grantor on
account of any breach as aforesaid on the part of Grantee.
(B) Grantee shall be responsible for reimbursing Grantor for damage to any of
Grantor's water lines, sewers and traffic light controls disturbed from the actions of
Grantee, or its representatives, in the construction, operation or maintenance of its facilities
in the Franchise Area, to the same or similar condition as before said work was
commenced and in accordance with City of Clearwater Code.
(C) Insurance. Grantee shall maintain, and by its acceptance of this Franchise
specifically agrees that it will maintain throug hout the terms of this Franchise, liability
insurance insuring the Grantee with regard to all damages set forth in Paragraph '12(A) in
the minimum amounts of:
(i) $500,000 for bodily injury or death to a person, within the limit;
$1,000,000 for bodily injury or death resulting from anyone
accident.
(Hi) $1,000,000 for all other types of liability.
(0) The Certificate of Insurance reflecting the above coverages and limits of
liability, with Grantor named as an additional insured, shall be filed with and approved by
the City Commission, and such proof of insurance shall be filed and maintained with the
City Clerk during the term of this Franchise.
SECTION 13. Severabilitv.
Should any section or provision of this Franchise or any portion thereof be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder, as a whole or any part thereof, other than the part declared to be invalid. In the
event of any such partial invalidity, the Grantor and Grantee shall meet and negotiate in
good faith in accordance with Section 5(8) to obtain a replacement provision that is in
compliance with the judicial authority's decision; provided, however, that to the extent the
declaration relates to franchise fees, the provisions in Section 6(A) shall apply.
1 1
Ordinance 6586-00
. :'._": q"~. .~~.,...,~:\..:.,',.;(.:'~..:,:..'.t.J". ". ~.~:' .:-'.! '. .' ." t.,.:_... -:: ......; . -........~., ".1."j . . . "~'.:- . ,.... . ;'~'..:~
SECTION 14.
Records and Reports.
The following records and reports shall be filed with or available to or from Grantor:
(A) Grantee Rules and Regulations. Copies of such rules, regulations, terms
and conditions adopted by Grantee that relate to Grantee's use of Grantor's Right-of-Way
shall be available upon request by Grantor.
(8) Audit Report. Grantee shall annually submit to Grantor a copy of its
published Audit Report upon request by Grantor.
(C) Accounting. Grantee will attach to each payment a statement of its monthly
Recurring Local Service Revenues by the period on which such payment is based, signed
by an authorized representative of the Grantee, in such reasonable form and detail as
Grantor may from time to time prescribe, sufficient to show the source and method of
computation of said revenues. The acceptance of any statement or payment shall not
estop the Grantor from asserting that the amount paid is not the amount due or from
recovering any deficit by any lawful proceeding, including interest to be applied at a rate
equal to that provided by statute for circuit court judgments.
(D) Availability of Records. Grantee shall make available all relevant accounts
and records of the Grantee and/or all such information that the Grantor or its
representatives may from time to time reasonably request or require for the sole purpose
of reviewing fees paid under Section 6. Such financial records as are required under this
Agreement hereof shall be kept and maintained in accordance with generally accepted
accounting principles. All of the said records shall, on reasonable written request of
Grantor and subject to Section 14(E), be open for examination and audit by Grantor and
Grantor's External Auditors and their staff during ordinary business hours, in the Tampa
Bay Area Office of Grantee, and such records shall be retained by Grantee for a minimum
bf five (5) years.
(E) Records and Reports - Audit. For the sole purpose of reviewing fees paid
under Section 6. Grantor may require an audit of Grantee's books at Grantor's expense
once every five (5) years during the term of this Ordinance. In the event any such audit
identifies a five percent (50/0) or greater error on Grantee's part in failing to report the
franchise revenue base for the audit period, Grantee agrees to reimburse Grantor for its
reasonable audit costs. Provided, however, that such costs shall not have been incurred
by Grantor as a result of any contingency fee arrangement between Grantor and any third
party auditor, that any such auditor shall meet all legal qualifications to perform such audit,
and that Grantee shall have the right upon request, to review the contract between Grantor
and any such auditor to confirm the foregoing. In the further event the audit identifies
errors which will require time for correction, such errors may be projected into the future
for a reasonable period of time to allow Grantee to correct same. At the time of correction
of the error(s), a true-up or comparison of the amounts paid as a result of any projections
shall be made and if such true-up results in the Grantee overpaying its franchise fee,
Grantor shall reimburse Grantee for said amount including interest at the rate of ten
percent (100/0) per annum. If such true-up results in the Grantee underpaying its franchise
12
Ordinance 6586-00
SECTION 15. Compliance with Law.
fee, Grantee shall pay said amount including interest at ten percent (100/0) per annum. Any
underpayment or overpayment as provided herein shall be paid within thirty (30) days after
receipt of any demand or invoice from Grantor or Grantee.
(F) To the extent permitted by law, all records and reports submitted by Grantee
by Grantor pursuant to the requirements of Section 14 shall be treated and maintained by
Grantor as the confidential business information of Grantee, and shall be protected from
disclosure to any third party.
(G) Underground Installation Records. Grantor may request, on a
nondiscriminatory basis under terms applicable to all other similarly situated users of the
Rights-of-Way that Grantee provides Grantor records of its underground installation, on as
built field ties (horizontal and vertical) or on drawings provided by Grantor within thirty (30)
days of Grantor's reasonable request for such information, provided, however, that such
request shall not be made sooner than thirty (30) days following Grantees completion of
construction of its initial Telecommunications Facilities or any expansions thereof.
Grantee shall maintain and operate its Telecommunications Facilities and render efficient
service in accordance with applicable Law.
SECTION 16.
Grantor's Authority.
(A) Nothing in this Ordinance shall prevent Grantor from levying and collecting
any other taxes or fees as Grantor may from time to time be empowered, by Law, to levy
and collect. Such taxes and fees are not considered part of the franchise fees.
(8) Grantee shall not be excused from complying with any of the terms and
conditions of this Franchise by any failure of the Grantor, upon anyone or more occasions,
to require Grantee's performance or compliance with anyone or more of such terms or
conditions.
SECTION 17.
Ordinances in Conflict.
Notwithstanding anything contained in this Franchise to the contrary, in the event that (1)
this Franchise or any part hereof, (2) any procedure provided in the Franchise or (3) any
compensation due Grantor under this Franchise, becomes, or is declared or determined
by final judicial authority exercising its jurisdiction to be excessive, unenforceable, void,
unlawful, in whole or in part, Grantee and Grantor shall meet' and negotiate in good faith
in accordance with Section 5(8), to obtain a new Franchise that is in compliance with the
authority's decision or enactment; provided, however, that to the extent the declaration
relates to franchise fees, the provisions in Section 6(A) shall apply.
SECTION 18.
Acceptance.
13
Ordinance 6586-00
. f -. , , " I r , . . . ~ \ ' ~ .... I " \ :1,: . .
C:b 1- * 'dJ-f
Grantee shall signify its acceptance of the Franchise terms in writing prior to City
Commission's approval of this Ordinance by filing such written acceptance with the City
Clerk.
SECTION 19.
Attorney's Fees and Expenses.
Except as otherwise provided for herein, Grantor and Grantee hereto agree that if litigation
becomes necessary to enforce any of the obligations, terms and conditions of this
Franchise, the prevailing party shall be entitled to recover reasonable attorney's fees and
. court costs, including fees and costs on appeal, from the non-prevailing party.
SECTION 20.
Notices.
Except in exigent circumstances, all notices by either Grantor or Grantee to the other shall
be made by either depositing such notice in the United States Mail, Certified Mail return
receipt requested, overnight delivery, or by facsimile. Any notice served by certified mail
return receipt shall be delivered five (5) days after the date of such deposit in the certified
United States mail unless otherwise provided. Any notice given by facsimile is deemed
received by next Business Day. "Business Day" for purposes of this section shall mean
Monday through Friday, with Saturday, Sunday and Grantor and Grantee observed
holidays excepted. All notices shall be addressed as follows:
To Grantor:
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 34618-4748
With a copy to:
Pamela Akin, City Attorney
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33758-4748
To Grantee:
Adelp' . hlaisi..islness:SOlutions . of FlOrida'; Ulie
.~. ..... .;_"...<.'...,..... '~"',. "...j_'.r,..,. ....~' .,' ,',... .,'" .J .~,' ...~...
MaH~f.,:er;2le>.aijReulatc{..Affalrs
''''''.e' ,..,9._ ,; . ., .g~ . ........9.... . - ...ry. ,....c.... .
O'i1e}N9rth;Main':~.S~re~t
:;- ',. ,'.' l,"V~\"."'~"'\~ '.;, ;",.:1 ..: ,'.;,. ';:",.1 .' '. t.., ,. "J,'..: ..-:,!jt., ",' ." . ~. ..,....,
Coudersport: Petuisy' .Ivania1691 ~
(. c _,..." ' ..... .,.".._. . ,_ .", ,~,. ....' "".... <> ~.. _ . '... .cI,.... ~
Notice shall be given as required by this Franchise and for all other Emergencies. Notice
shall be provided to the above-named addressees unless directed otherwise in writing by
Grantor or Grantee. Both parties have a duty to provide notice of any name or address
change of the parties to whom notice is required to be provided.
14
Ordinance 6586-00
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SECTION 21. Non-waiver Provision.
The failure of either party to insist in anyone or more instances upon the strict performance
of anyone or more of the terms of provisions of this Franchise, shall not be construed as
a waiver or relinquishment for the future of any such term or provision, and the same shall
continue in full force and effect. No waiver or relinquishment shall be deemed to have
been made by either party unless said waiver or relinquishment is in writing and signed by
the parties.
SECTION 22,
Effective Date.
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:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
15
Ordinance 6586-00
i;-
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APPOINTMENT WORKSHEET
~5
APPOINTMENTS Agenda #_
FOR COMMISSION MEETING _ AUQust 3, 1999
BOARD: Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Eng./Env.
SPECIAL QUAL/FICA TIONS: None
MEMBERS: 5
CHAIRPERSON: Freda Drake
MEETING DATES: 3rd Wed., 4 pm
PLACE: Commission Chambers
APPTS. NEEDED: 1
DA TE APPTS. TO BE MADE: 8/3/00
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, David Rhame
ending 1 st term 8/31/00
1996
past 1 5 mtgs
present 14
YES
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FilL THE ABOVE
VACANCIES:
Name-Address Comments-Related Experience, Etc.
1. Clorinda (Cookie) Gilreath
1709 Sunset Dr" 33755
past member Historic Preservation Board
Zipcodes of current members:
1 at 33756
1 at 33759
1 at 33764 (Mr. Rhame)
2 at 33765
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Name:
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
G- ; L tE A T Ii
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Home Address:
-1l 0 CJ - S LL I~I ~ (; T
,1' , '^ 1-1-:
(, Lt n (L(~J Ir-l ~ fL,
Telephone: ,Lf If (; '7 I Cj ""2---
How long a resident of Clearwater?
occupation:R() . \-.\. {L f3 \)
Field of Education:
Office Address:
Dff.
Zip :S 3 1 .s- ~ -
Zip
Telephone:
u" "
i I "e::
(( 1,.1) r>v rl J lil n- /'2., I) -
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L' ~ - ~ u, tYA. '
: ,,..12.,) - {; L(Y}1 tJ NT - ~'h Ylt-t,e-
If retired, former occupation:
Community Activities:~rO.(u.J...( ~ ~A '1 - ~f)h1tt./ p~ ~J:i::ti.J'-
(Qw Pu...t.-k ~ \t'l~-;;"'" : '1 ~ u.u~9-, ) ,-L. -I.4lA.MA - }(~ ~~
7
Otherlnterests:~r.Lu~ - 1l ltt.L "1 ~~ ~1')~UYy-\ a,., ~ l'~p
Board Service (current and past): Board Preference:
~/l~')'A:"'J PiIIA..IA<.t-,1fu":"~. (!) . ~.4~~ ~ ( L-1f3, ),
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Employer:-1:( \ c~ \) -- A- tL~ 1 rJ j ft
Other Work Experience:
~\. '..J.l P ~."L \':4t.A" e J il, '.., _
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~~\l__.- ~~f~/'vr ~ ~ f: .
Additional Comments:
Signed: ~~ j. ttL~.-e,-"
Date:
~ (~ ( q ~
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
~~CEI"ED
APR (J 9 1999
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Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
, J-) <J1!l~t b~ Clearwater resident)
/\, () ;~ rr) Ii :r; . L. I~) 1'<- L. C Li( ~ :~~
Home Address:
-, .,' - '''1. :
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Telephone: / ,,- I - L; '-t .-) ..
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Zip -~~ ") . IS - <,
Office Address:
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Zip
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How long a resident, of Clearwater?
Occupation: f.:'/ f~ Tj I I' ))
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Telephone:
'i /2 S
,-
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Employer:
Other Work Experience:
j-) 7~/-I-" (/\) IC)-/~LIfT:l-ji A)C, \{/>X
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Field of Education:
I -I J,
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If retired, former occupation:
Community Activities:
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Other Interests:
Board SeljVice (current and past): '.
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Board" Preference:
f~ fh/)
Additional Comments:
Signed:
'0
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"7 ..- .
;- I., -\
Date' ,-' 'II ' (,1 (
. . ./ ",-.. .
,
'.
'.
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
R' E(~ErvEO
".jJ
;cnY CU~RK nEP/\HfM~Nl
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BOARD QUESTIONNAIRE
\~
dS
1, What'is your understanding of the board's duties and responsibilities?
j '.'.
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2, Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
-)le;
. )
-;r.-' ..
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board? t /
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4. Why do you want to serve on this Board?
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Name 00 ~\. ~ i \_\...\.
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Board Name:
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CITY CLERK DEPARTMENT
. . 4 ~ ' .. I . "" " I "\' '#, ","" . " ' ". . I "\ ' t
C\K d---
APPOINTMENT WORKSHEET
Agenda #~~
FOR COMMISSION MEETING AUQust 3. 2000 APPOINTMENTS
BOARD: Enterprise Zone Development Aaencv
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
STAFF LIAISON: Economic Development
MEMBERS: not fewer than 8 or more than 13
CHAIRPERSON: John Connelly
MEETING DATES:
APPTS. NEEDED 2
DATE APPTS. TO BE MADE: 8/3/00
categories to be represented: 1) local Chamber of Commerce; 2) local financial or insurance
entities; 3) Business operating in the Area; 4) Resident residing within the Area; 5) Non-profit
community based organizations operating within the Area; 6) Local Private Industry Council; 7)
City of Clearwater Community Response Team; and 8) City of Clearwater Police Department
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-Address
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Rick Rosa 1999
"City of Clearwater Community Response Team"
term ending 7/31/00
of initial appointments of board - recv 1 yr term
new term will be to 7/31/04
board has held 2 mtgs
present at both
YES
2. Vacant Seat - "Local Private Industry Council"
Denise Jefferson no longer can fill this category.
person appointed will complete term to 7/31/01
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
1. Linda Winfrey
6154 Lynn lake Dr., 5., St. Petersburg, FL 33712
"Local Private Industry Council"
" ,'; ,', \ 'Xr ',,' ,":~ '; " " ." : '; " ,," ',' :." '} :; ,"'" . :i<"" ,': ,.,'.< "'~. ,:',(:-,; ",: ,.- ,;: ,: >:: .:~ J ::::, ,', ',:~,' , ' ,': ;, :
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ENTERPRISE ZONE DEVEl.OPMENT AGENCY
Meeting DatelTime/Place:
Members:
Term:
Staff Liaison:
Created by:
Initial appointments:
To be determined
not fewer than 8 or more than 13
4 years
Economic Development
Ord. #6312-98 adopted 9/3/98
Ord. #6435-99 adopted 8/5/99 - 9 members
(tour recv 4yr; two recv 3yr; two recv 2yr; one recv 1 yr)
Required
Financial Disclosure:
Odg.
Appt,
1999
Name/Address
Phone
Expir.
Date
Rick Rosa 0: 562-4734
City of Clearwater Community Response Team
PO Box 4748,33758
07/31/2000
1999
Lt, Don Hall 0: 562-4120
City of Clearwater Police Department
PO Box 4748, 33758
07/31/2001
1999
Cheryl Wade 0: 441-3447
Local financial or insurance entities ext 1 242
H: 908 Pennsylvania Ave., 33755
H: 461-5291
07/31/2002
1999 Rev. Mack Sigmon 0: 446-3001 07/31/2002
non-profit community based organization operating within the area
H: 2 Ambleside Dr., 33756
H: 446-9091
1999
John Connelly - Chair 0: 461-6044
business operating within the area
H: 1 Harborside Circle, 33756
H: 585-0311
07/31/2003
1999
Bob Kinney - Vice-Chair 0: 789-5555
Local Chamber of Commerce
H: PO Box 524, Ozona, 34660
cell: 455-1273
07/31/2003
1999
Ralph Linn
resident residing within the area
H: 1729 Harbor Dr., 33755
H: 441-4688
07/31/2003
Continued
.' ;1 -
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j';,
.~
"
- '~'"
a.0,
EZDA cant,
1999
Steve Bell 0: 298-8105 07/31/2003
non-profit community based organization operating within the area
H: 1417 Admiral-Woodson Lane, 33755
H: 441-3943
Vacant Seat - Local Private Industry Council
person appointed will complete term to 07/31/01
, , .: c,:~ :';:', .' ;,~ ,".:' ,: > ,.' ",',< \ <':' >, :;.': :,':,<,;, \: ,.,',,': ,:': ':',,;:', ':, :;;..'. : ' :' ,;:- <;
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~~
CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLICATION
Name: Linda Winfrey
Home Address:
6154 Lvnn Lake Dr. S
St. Petersburg, Florida Zip 33712
T etephone: 727/866-0224
How long a resident of Clearwater?
Occupation: Program ManaQer
Field of Education:
Master Interdisplinarv TechnoloQV
BBA: Mgmt& Mqkt
If retired, former occupation:
Community Activities: Youth Build,
Other Interests: Golf, Computers, Teaching
Board Service (current and past):
Staff member of PWDB
Office Address:
13770 58th Street North
Clearwater, Florida
Telephone:727 /507 -4083
Zip 33760
Employer: Pinellas Workforce Development Board
Other Work Experience:
8 yrs technical training-public/private sector
2 yrs teaching-public/private sector
Board Preference:
Representative from the private industry
AdditiOri.~ments: Thank you for this great opportunity.
Jv/~~ ~'
Si9~~ VJ. "'. Date: July 14. 2000
Category Applying For:
L)Local Chamber of Commerce
<_)Local financial or insurance entities
<_)Business operating in the Area
<_)Residents residing within the Area
<_)Non-profit community based organizations operating within the Area
(~) Local Private Industry Council
(_) City of Clearwater Community Response Team
(_) City of Clearwater Police Department
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department,
P. O. Box 4748, Clearwater, FL 33758-4748
:i /'; , ;; :, ,; :.\:, ;,> ." .' ",::,.;:.;} <, ;~;;~~',i;'\:: ..;:::: : <',;: ~u /, ji:! I ~. ':"." ~;~ . '\V ;:,,>':.'. . r,;' ";, .;' ..... . ..' . ....'... . "" ": \ <~
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Item #27
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C \ (( 3 APPOINTMENT WORKSHEET
FOR COMMISSION MEETING AUQust 3.2000 APPOINTMENTS Agenda # 8.1
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Judy Melges
MEETING DATES: 3rd Fri., 10:30 am
PLACE: Library Conference Room
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 8/3/00
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. Tom Leavy
1 st term ending 8/31
1996
past 14 mtgs
present 1 2
YES
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE
ABOVE VACANCIES:
Name-Address Comments-Related Experience, Etc.
1, Jan Regulski Retired
1045 Chinaberry Rd., 33764
2. Clorinda (Cookie) Gilreath past member Historic Preservation Board
1709 Sunset Dr., 33755
3, Frederick Dunn Retired Management Consultant
1881 N. Hercules Ave.,#1302,33765
Zipcodes of current members on board:
2 at 33759
2 at 33761 (1 is Mr. Leavy)
1 at 33765
2 at 33767
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
J19/V Ifc c-q L:5/:-1
Home Address: Office Address:
/tJ~5 ~/IVt9t38/2,/lY~,(}t)
Ct-E~ Zip ~~7(,1 Zip
Telephone: g /3 - S 3/ - fc2 :;-1 Telephone:
How long a resident of Clearwater? 10-7'1'5
Occupation: /1eJ - Employer:
Field of Education: Other Work Experience:
If retired, former occupation: '7::5; tv.5?"7 " 'Z//k0
communityActivities:::;:i;c/V ~ ~ C/e:u;tbkL~~~~q
)h:,..q: ~E$/'y~L/## /?"nLL.-+5 (]'77!2Z~~ ~4f.1,:J
Other Interests:
Board SelVice (current and past):
fJj~ ~Y~5 Iff'S C?)
Board Preference:
~/6/Z/9/Z.y &/9/Z-D
Addiiiorial Comments: ~ ~ -:;?z.~ 'L ~. ,"""'--, '" A
tL..-- &.. ~ -JI"' ~, ~."t, r?~, ~ "'YO .
~~~~ ~~~4-C~~-~~
signe~4~ Date: ~ /? /f?9~
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 . R i41.'rv Iw v
.. .. .. '\.i ~j it V E D
MAY 19 1998
(;fTY CLERK DEPT.
1"'.:"" '~I, ....'._,?\., ,,~.:',...'~'\' '/, ....I.,'\','l.:.....',.:.P4.'..; '..::' ,,', :'.:' ...d. . ,,,.:
BOARD QUESTIONNAIRE
~"-
1, What is your understanding of the board's duties and responsibilities?
~ /~ ~.L/
~ ~ 4--7'~
~
~~...A.A. ..L~ -c-y ~
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
--bt
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~~
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A .J .L 4.-~
,
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4. Why do you want to serve on this Board?
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~.
Name: Ch ~
.J
Board Name:
~f1..J?; C]j; I VIi: D
MAY 19 1998
CIIYe' -
I...t::RK DEpr
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Zip 3 3 7 ~-~.....
Zip
Name:
1 .
l-~OK.INDA
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
G;LtEATli
--(
Office Address:
Telephone:
f( J fl-.r{.J pJ n-It,) -
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L ~ 1 J...i f""'- -
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~f 1J..1l,) ,ACL(lho/IT{~- ;;'l;.JhYJ~t::.-
Employer:~R ~ c~ \ J .'- A tLA- 1 rJ J (t
Other Work Experience:
\ \.~} ~ Anl~ \~.vr e I ciA \-:> _
inl.L'--~YJul 'fQJ.....d'\t-J .tL.l11.~ 1"{V'
\~J\'-. - ~),~~/V ~ ~ r I
If retired, former occupation:
Community Activities:~ CLuy ~.~ (1 - ~(IhtL. P.ecLUA.I ~J:i7~1.-
~2Ml p~ r~ 'rt'Jmh.q.;..... : '1 ...,,:'9-, ) ,f,..,. fA<,LU!A'] - J1.~ ~
Other Interests:~rL~ - ~~ t.t&~_ (1 ~~ ~1')1~ (l,., ~ ~
Board Service (current and past): Board Preference:
':~l,l~ ",,t;".vMJ ry.W.J ^<- ^1! ~ ~ . CD . iu. :1.J.~- ~ ( L-I i3 )
\~.k..~ ~ ~Q. ( [413\
Additional Comments:
Signed: ~lJ,~ j. ltL~..e-,
Date:
f 10\ { q '\
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, ClealWater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
~F:CEK"~n
, ""'- ~-_.
APR (j 9 1999
("\fTy C' -"
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BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\<vvu...(.,V..(UJ ~
. ~
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~.J ~ .IYVI~ ~ 1/1
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~1 Aj~ ~ ~,;... tf--t-> ~ r::fJi.J} 1b.7f a~.~1A..J
~~I C~ .~ (J~"1"Y'{.M.~ b UV~-J.. l,~~ ~~<tL
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4. Why do you want to serve on this Board?
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NameJ~.e.L~_l ~ Board Name: ~jVl4'~
-..
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....-- ....-
.4PIi 09 1999
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CllY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be'Clearwater resident)
Name: r~ e- Z) € .R./C /~
..Po ,,,,It''ll
Office Address:
Home Address:
L.J>/'/ AJ. 1-/t:B.C!oL~ ~~~~
, 3;;J~~..s=-
C e&;"A/lt</A-r€ ~ I=Z.... Zip //l1Y
Telephone: 7ft"'? ~t;I~ . "7 ~fjJ? Telephone:
How long a resident of Clearwater? o? 9" vex; R 5
Occupation~r: L/~/t4 T c?~d.l5. Employer:-
Field of Education: Other Work Experience:
78', e:r. ,,/.A.lOU::77P?IAL E;VtWl~ /;)//2- D/5rd/;Jd*~~-~~ 4/~~
~ ~ ~~
__~6"- C~4DuA7C.i' OU5
~1'./~S(3
Ifretired,.fonneroccupation: .AP/~JLl4-~~Pt'E>>/ ~tVtSvc,rA/J r
Community Activities: ::1,P~G./~L /~-r'&2-6'Gr ~~O// LPA.L)t:~ -r6//J-?"P/1
/
~Ay c7t:Ptf4pc.J-r~ .::s-t::>C/6r~.
Other Interests: c:::"t'~pvTGd.S
Board SelVice (current and past):
L/ ~4A/2. r' ~o~/2..D ?'r. t:1.3
-
Zip
Board Preference:
,{,/ '8 AAPY 7i3o t4 ~ P
Additional Comments:
Sig4~~
Date: / 0/r ~9"
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 ~~~\~1&II, 2nd'
Floor, 112 S, Osceola Avenue R ,". _J ~
NOV 1 9 1999
C\TV CLERK O~?T.
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~
BOARD QUESTIONNAIRE
Applicant', Name:-- -I-p GP&, ;z? /G:ft::. .2) (/ AJ>>
Name of Board Applying For: ~ /BR,4Rl./ n t? A}e D
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 qualifications do you have that you feel would qualify
you to serve on this Board?
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4, Why do you want to serve on this Board?
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RESOLUTION NO. 00-30
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, DEDICATING COACHMAN PARK IN
DOWNTOWN CLEARWATER AS A PUBLIC PARK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Downtown Development Board has requested that the City
Commission dedicate Coachman Park to assure that the park is and will continue to be
a public park; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Coachman Park in Downtown Clearwater, as described in Exhibit A
attached hereto, is hereby dedicated as and will continue to be a public park.
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:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 00-30
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Exhibit A
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Interoffice Correspondence Sheet
To:
From:
Mayor and Commissioners
Cyndie goudeau, City Clerk@
Bill Horne, Interim City Manger; Pamela K, Akin, City Attorney
CC:
Date:
July 24, 2000
RE:
Commission Salary Discussion
Attached is the information requested re Commission salary and benefits for the three cities
above and three below Clearwater's population with Counci I/Manager form 9f government.
If the Commission determines that a salary adjustment is to be made, the ordinance
implementing the adjustment needs to be adopted at the September th Commission meeting
in order to be effective as of the March 2001 election,
If you have any questions, please let me know.
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Mayor and Commissioner Salary Survey
(Source: Feb. 2000 Florida League of Cities Survey)
*Three agencies above and below Clearwater
population with similar form of government
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Agency
Mayor
Corom.
Pop.
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Hollywood
$16,000
12,000
126,917
'.
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Pembroke Pines
$28,184
14,101
112,692
Coral Springs
$15,225
12,180
107,156
- Clearwater
$18,000
$15,000
. 102,874
Gainesville
$35,809
$28,136
100,315
Port St. Lucie
$14,070
$12,570
80,434
Lakeland
$19.864
.$13.245
77,113
Average (wlo Clw.)
$21,525
$15,372
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Mayor and Commissioner Benefit Survey
May 2000
Hollywood: Population 126,917
-Paid health insurance for employee and family
-Life insurance ($100K free, can purchase up to $400K)
-Disability insurance (60% base salary same as FT employees)
-Dental insurance (partially paid at same level as executive staft)
-Annual physical examination
-Pension (after 20 years service)
-Cell Phone (for business use only)
Pembroke Pines: Population 112,692
-Paid health insurance
-Pension (age 55 and 10 years of service)
-Life insuran<?e (Ix salary)
Coral Springs: Population 107,156
.Paid health insurance
Gainesville: Population 100,315
-Paid health insurance
-Life insurance (2x salary)
-No interest purchase plan of up to $3K for home computer or health equipment
Port St Lucie: Population 80,434
- Paid health insurance
Lakeland: Population 77,113
-Paid health insurance
-Pension (20 years of service)
-Expense allowance with no receipts (Mayor: $2,400/yr. And Comm: $1,200/yr.)
Clearwater: Population 102,874
-Paid health insurance
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
FROM:
Honorable MaYr td City Commissioners
Pamela K. Akin, City Attorney
TO:
RE:
City Manager Selection Process
DATE:
July 27, 2000
At the last meeting the Commission requested information on the previous
City Manager search process.
An RFP was used to solicit a search firm. We received a number of
responses. The Commission interviewed three firms and selected the firm of
Slavin Management Consultants. Following his selection, Mr. Slavin met with each
commissioner and prepared a candidate profile, which was subsequently
submitted to the commission for approval.
I have attached for you the minutes in which the process was discussed.
The City's RFP for a consultant was issued in late 1996. The consultant was
selected in January of 1997, and the process was completed in June of 1997.
PKA:jmp
Attachment
Copy to:
William B. Horne II, Interim City Manager
CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
January 13, 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen See I
Elizabeth M. Deptula
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 1 :21 p.m. at the Harborview Center.
Prior to the meeting, the Commission toured the Harborview Center's new catering
kitchen and sampled specialties prepared by the chef.
David M. Griffith & Associates
Daniel Donaldson, of David M. Griffith & Associates, reviewed his firm's experience
with city manager recruitment, local governments and agencies, and recent placements.
He said his values include: 1) developing a profile by listening to the client; 2) providing
personal attention; 3) being thorough; 4) being respectful and candid with candidates and
client; and 5} managing the time line and work load. He currently is working on 6
recruitments.
In response to a question, Mr. Donaldson said the State's Sunshine laws may
discourage some applicants. He said the City has few negatives that would discourage
candidates. He said he is comfortable handling between 6 and 8 recruitments, noting one
obligation is nearing completion. He recommended the Commission meet with the final
candidates individually and as a group. He can explore non-job related issues through
discussion related to the candidates' motivation for applying. He reviews media coverage
of candidates. He will interview references and local reporters. He will consider maturity
and energy.
He estimated advertising the position in appropriate trade publications will cost
between $1,000 and $2,000. Advertising in the local media is up to the City Commission.
In response to a question, Mr. Donaldson said the search could attract someone with a
non-traditional background by targeting employment areas with crossover potential. In
developing a profile, he will meet with everyone the City Commission recommends,
including appropriate staff.
msp01 b.97
1
01/13/97
His search will include contacting appropriate candidates in his firm's data base. He
often addresses manager groups. He will discuss compensation issues with the
Commission and consider internal equity issues, noting salaries are market driven. He will
forward information to the Commission before reviewing the final candidates with them.
He said due to the Sunshine Law, some candidates apply at deadline. He said his most
non-tradition placement was someone with a military background in a municipal position.
He noted some private sector people may not be happy in a public role. In response to a
question, he indicated he does not use an assistant but does all research, reference
checking, etc. himself. He said the cost of his services will not exceed budget.
The Mercer Group, Inc.
James Mercer, of the Mercer Group, Inc., said it is important the City Commission is
comfortable with the search firm. He reviewed his background in management consulting
and his firm's search background. His work plan includes: 1) position analysis; 2)
recruitment process; 3) resume review; 4) candidate screening; 5) background
investigation; 6) interview process; and 7) negotiation and follow-up. He requested
information about Clearwater and the City's organization, budget, etc. He estimated
recruitment would take 45 days, indicating a new City Manager could be on-board by the
end of May. After networking, he would return to the Commission with a list of
approximately 15 applicants. He will handle standard background checks on candidates,
suggesting the Police Department run criminal checks as the Police can access more
information than private firms. He will attend interviews with the final 3 to 5 candidates
and help negotiate an agreement. He will check on the new City Manager's performance
quarterly for a year. He will not delegate a significant portion of the search to other staff.
The Mercer Group, Inc. guarantees: 1) to never recruit a placement; 2) to keep searching;
3) to not recruit staff for two years; and 4) to refill the position if the candidate leaves the
position durin~ the first year, for expenses only.
In response to a question, Mr. Mercer said he will explore non-job connected issues
through a detailed reference check and background interviews. He visits candidates'
communities, reviews newspaper articles, and networks with references. He will provide
the City Commission with all information he can about candidates. He estimated the
Sunshine laws discourage about 10% of candidates but said he can work with candidates
to avoid some associated problems. In response to a question, he said Florida has a high
turn over rate for city managers, estimating average tenure at 5 years. He suggested
current challenges in Clearwater require someone with redevelopment experience. He will
contact his networks to locate candidates who meet City needs. He said the expectations
of constituents need to be considered.
Mr. Mercer said his firm has 3 full-time employees and 5 contract workers and
knowledge of the State and County. He recommended a 2-dayinterview process that
presents the candidates in different ways. He will pro-rate expenses if he combines this
recruitment with others. He recommended the final list have 5 candidates. In response to
a question, he said his firm can do some testing but cautioned psychological testing may
msp01 b.97
2
01/13/97
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have some public record implications. He suggested advertising the position in trade,
minority/women, and jobs' publications. He recommended against advertising in the Wall
Street Journal as it is expensive and attracts many unqualified applicants. In response to a
question, he said additional expenses could occur if additional rounds of candidates are
required. He said his firm handles many compensation reviews and would be helpful during
negotiations.
Mr. Mercer reviewed Commission expectations of the new City Manager. It was
suggested a tourist community and economic development background would be
advantageous. His firm's policy is to refer media questions to the City for dissemination of
candidate information. He said the City needs to be aware of media inquiries.
The City Commission recessed from 2:53 to 3: 1 0 p.m.
Slavin Management Consultants, Inc.
Robert Slavin of Slavin Management Consultants, Inc., said his firm assists clients
to fulfill their vision. He will facilitate Commission consensus to develop a candidate
profile. He said his firm will provide candidates that meet City needs regarding skills,
interests, management style, personality, etc. He reviewed his firm's 10-year recruitment
background. Services are tailored to meet client needs and include frequent
communication. Mr. Slavin said his firm will: 1) identify and recruit candidates who "fit"
the City's unique environment; 2) assist the Commission in developing a recruitment
profile; 3) locate, recruit, and recommend the best candidates; 4) provide a professional,
orderly, thorough, and fair process; 5) assist the Commission in making a final decision and
negotiating an employment contract; and 6) ensure an inclusive process involves all
important constituencies. His firm will visit candidates at their work locations. The
contract ends when the candidate has held the position for one year. The firm will help the
chosen candidate with performance goal setting. He reviewed his firm's project team.
Mr. Slavin said his firm's project methodology includes: 1) develop search process;
2) identify and recruit qualified candidates and screen against criteria and goals; 3)
preliminary candidate screening; 4) after 12 to 15 candidate are identified, progress report
presented requiring City Commission approval to proceed; 5) in-depth candidate evaluation
including on-site interviews, in-depth reference checks; 6) City Commission/finalist
interviews of 5 - 7 candidates; and 7) performance goal setting and follow-up. If the
candidate leaves during the first year, the firm will complete another search at no fee.
In response to a question, he said Lisa Miller will handle research and Jill Pyland will
review her client base and help him brainstorm. He currently is handling 3 searches. He
said recruiting difficulties regarding this position include diversity issues, economic
development, the tax base, quality of education, and challenges and plans identified by the
City Commission. He recommended meeting the candidates individually and as a group.
He said recent media coverage is typical of information his firm will provide. He will
provide information regarding non-job related issues that are occupational related. In
msp01 b.97
3
01/13/97
response to a question, he indicated he has done local recruitment and is familiar with
Pinellas County. He has handled 9 searches in the last 5 years for cities with populations
greater than 100,000. He estimated 5 years is the normal tenure for city managers.
In response to a question, Mr. Slavin said he has had some successes recruiting
private sector candidates for public sector positions; he placed someone with a military
background. He recommended against eliminating public sector candidates as private
sector candidates often have difficulty performing well in public positions. He will attract
candidates by networking, researching his data base, and advertising. He said the
Sunshine laws do not cover his letters of recruitment. To locate a non-traditional city
manager, he suggested advertising in the local newspaper, networking, and the internet.
He said if another recruitment is necessary, the City will be charged only for expenses. In
response to a question, he said performing an assessment center is difficult in Florida due
to the Sunshine laws but indicated psychological testing can be done for $100 to $125 per
candidate.
In reference to background checks, Mr. Slavin said he uses a networking process
and reviews employment histories. Going beyond candidate provided references, he
speaks with people who worked with and for the candidate. He works to get insight to
reduce the possibility of errors. He broke his budget down by hours to estimate the hours
required for the search. He will work until the Commission is satisfied and will stay within
budget. If a second round of candidates is necessary, the expense budget may be
inadequate.
Discussion
In response to a question, Assistant City Manager Bob Keller said David M. Griffith
& Associates' review of values impressed him but he expressed concern Mr. Donaldson is
doing all work himself and currently is handling 6 recruitments. He applauded The Mercer
Group, Inc. for considering the fit. He expressed concern regarding the way Mr. Mercer
used his presentation time and his proposed draft profile. Mr. Keller said Mr. Slavin was
assertive about procedure plans and seemed willing to research non-traditional candidates.
In a close decision, he recommended Slavin Management Consultants. Deputy City
Manager Kathy Rice agreed. She said Mr. Donaldson and Mr. Slavin perform in-depth
background checks and counsel candidates who they feel are not right for positions. The
City Manager said Mr. Donaldson had requested information regarding the City. Ms. Rice
indicated Mr. Slavin had researched the City at the library. Discussion ensued regarding
attributes of the search firm candidates.
Commissioner Johnson moved to hire Slavin Management Consultants, Inc. to
conduct the executive search for a City Manager. The motion was duly seconded and
carried unanimously.
The City Manager will schedule individual appointments with Mr. Slavin and City
Commissioners.
msp01 b.97
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01/13/97
CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
January 23, 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen See I
Elizabeth M. Deptula
Kathy S. Rice
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
msp01 e.97
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01/23/97
The Mayor called the meeting to order at 4:30 p.m. at the Pinellas County
Administration Conference Room.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
Item #2 - Candidate Profile Review for Citv Manager Search
The City Manager introduced Robert E. Slavin, of Slavin Management Consultants,
Inc., to discuss the candidate profile review. On January 13, 1997, the City Commission
selected Mr. Slavin's firm to conduct a City Manager search. Individual meetings with City
Commissioners have been scheduled for tomorrow. Mr. Slavin also will meet with City
management and a team of department directors. Mr. Slavin said he will present a draft
recruitment profile to the Commission next week. Once approved, he will use the profile as
a screening device and tool to develop interest in the position.
Deputy City Manager Kathy Rice said attributes identified by the City Commission in
Strategic Planning sessions were listed in the RFP (Request for Proposal). It was noted the
outcome of the March 1997, Penny for Pinellas referendum will strongly influence the
City's ability to fund future needs.
Identified issues of importance include infrastructure, the aging housing stock,
redevelopment of downtown and Clearwater beach, consideration of a beach CRA
(Community Redevelopment Agency), ramifications of recent welfare reforms and
reductions in State and Federal funding, increased personnel costs due to salary increases
and escalating medical insurance costs, increased staffing needs following construction of
new recreational facilities, social services funding, and the importance of the current team
philosophy.
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The City's top goals of public safety, economic development, and tourism were
stated. City efforts to reduce red tape and be customer friendly were reviewed. Contracts
for the City's four labor unions expire this year. Ms. Rice serves as lead negotiator.
Negotiations begin in April. The City Manager's input will be important. The City Manager
reviewed recent changes to the SAMP pay plan. Other workers participate in a Step plan.
Mr. Slavin suggested candidates have an understanding of finance. It was
suggested a pro business attitude and background in redevelopment that demonstrated
innovation are important. It was recommended candidates have refined skills in
communicating with the media. The Assistant City Manager's responsibilities related to
redevelopment were discussed. The two positions need to complement each other.
Concern was expressed the City Manager not be too friendly with business. Mr. Slavin
noted increased labor costs and worries about keeping taxes low and decreased federal
funding levels are not unique to Clearwater.
It was recommended candidates have experience in a tourist community. It was
noted coastal communities face unique issues. The majority agreed a public sector
background is essential. Some private sector experience is favored. It was suggested
candidates be skilled at thinking" outside the box" and have a combination of experience
and education with experience in a comparably sized city. Mr. Slavin suggested
candidates' backgrounds could be in organizations that are similarly complex. It was
recommended candidates be consensus builders who can effect positive change. In
response to a question, Mr. Slavin recommended against limiting the search to this region.
High staff morale and the City's commitment to employee development and retraining were
noted. It was suggested candidates be familiar with new technologies to increase staff
efficiency and allow citizen connection. The importance of an international perspective
was noted.
It was suggested the new City Manager act as a facilitator and not be an advocate.
It was felt elected officials should fulfill that role. It was suggested candidates be skilled
at community outreach. Ms. Rice warned of risks related to making staff visible. She said
the position's role in the community is based on policy set by the City Commission. The
City Manager indicated past city managers have not taken aggressive community roles.
Assistant City Manager Bob Keller said a city manager position differs from that of a CEO
(Corporate Executive Officer). He suggested ideal candidates will have the talents of a
Chief Administrative Officer and Chief Operational Officer.
A salary range between $90,000 and $105,000 was suggested. Ms. Slavin stated
the City is usually responsible for relocation expenses. He said candidates will expect
some protection from arbitrary termination. It was felt severance benefits should cover
less than 6 months. The position offers 6% deferred compensation and a car allowance.
The City Manager is required to live in the City.
Mr. Slavin recommended casting a wide advertising net early to attract a large
candidate base. He suggested some periodicals could attract private sector interest.
Advertisements will be placed in trade magazines geared toward municipal and county
msp01 e.97
2
01/23/97
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managers, minorities, women, etc. In response to a question, he stated the Wall Street
Journal is expensive and recommended first using different sources. The quality of
candidates will be apparent in 4 to 6 weeks. If the Commission feels it is necessary, an
advertisement in the Wall Street Journal then could be ordered within 2 days. The position
will be posted on the City's internet web page. Mr. Slavin said he would seek further
direction once he has developed a group of 15 candidates.
ITEM #3 . Adiournment
The meeting adjourned at 5:40 p.m.
~~,.
msp01 e.97
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01/23/97
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CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
April 22, 1997
Diane FitzGerald
Patricia O. Sullivan
Mayor /Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Assistant City Manager
City Attorney
Director Office of Organizational & Employee
Development
Public Information Specialist
Board Reporter
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Bob Keller
Pamela K. Akin
Pamela Skyrme, Ph.D.
The Mayor called the meeting to order at 1 :00 p.m. at City Hall.
ITEM #1 - Consideration of Questions for City ManaQer Candidates
The City Manager reported Robert Slavin, of Slavin Management Consultants, Inc.,
had forwarded a list of five finalists for the City Manager position: 1) Jim Blagg; 2) James
Daken; 3) Robert LaSala; 4) Randall Reid; and 5) Michael Roberto. On April 25, 1997,
individual Commissioners will interview each candidate privately for one hour. On April 26,
1997, candidates will appear individually in Chambers before the Commission for one-hour
sessions to answer prepared questions. Commissioners can ask follow-up questions for
clarification. Resumes are included in the package of materials forwarded by Mr. Slavin.
Office of Organizational & Employee Development Director Pamela Skyrme recommended
considering the lawfulness of questions. The City Attorney reported Slavin Management
Consultants had completed credit and reference checks on each candidate. The City will
perform criminal checks later. Discussion ensued regarding lawful and unlawful questions.
Dr. Skyrme recommended the Commission not rank the top candidates. During the
interview process, she suggested the Commission consider values reflected in the
candidates' answers and determine how candidates meet predetermined criteria. In
response to a question, the City Attorney said Commission interview notes are public
record. She recommended against scoring the candidates in the provided booklets. Dr.
Skyrme suggested keeping track of candidate answers should the decision require
documentation. She said questions from the group must reflect identified criteria and
consider preferred leadership styles and strategies. For fair comparison, she recommended
asking each candidate the same questions.
Dr. Skyrme reviewed four core cultures often used to organize frameworks for
development and planned change. Organizational effectiveness needs to be balanced with
integrity. The winning candidate should have the characteristics and leadership style
msp04c97
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04/22/97
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needed to mobilize staff to accomplish the Vision. She also reviewed typical strategies and
leadership traits found in the core cultures. The City Attorney said the Vision Statement
reflects the City's principles of operation. Discussion ensued regarding leadership styles
and necessary skills.
It was felt the ability to build a team is important. It was suggested questions
regarding why candidates want to be Clearwater's City Manager, etc. are best asked
privately. Dr. Skyrme noted past behaviors can be excellent predictors of future
performance. Assistant City Manager Bob Keller suggested asking each candidate to
describe an experience and outcome related to a work situation where his leadership made
a difference. He recommended considering the appropriateness of stories candidates
choose to clarify points, indicating stories could divulge a great deal about the candidates.
Answers can reflect team leading skills, the ability to encourage creativity, involvement
with and inclusion of others, analytical skills, persevenmce, listening skills, problem solving
processes, awareness of the "big picture," implementation skills, and follow-through
themes. Dr. Skyrme recommended follow-up questions not introduce new topics or
direction.
In response to a question, the City Attorney said candidates have a legal right to sit
in the audience during other interviews. It was recommended that practice be discouraged.
Concern was expressed some candidates also could gain an unfair advantage by viewing
earlier interviews on C-View TV. Consensus opposed broadcasting the interviews live.
The tape will be rerun several times.
Dr. Skyrme said key criteria need to be identified. Preferred abilities include
teamwork, perseverance, ability to create a positive environment, ability to set and reach
goals, process management skills, ability to communicate long range vision, commitment,
innovation, initiation, and the abilities to act as a guide instead of a facilitator, to present
alternatives, and to communicate, including negatives and downsides. Mr. Keller said
differences exist between policy initiators and implementers, suggesting both traits are
necessary for critical decisions.
The meeting recessed from 2:55 to 3:07 p.m.
In response to a question regarding Mr. Slavin's sample interview questions, Dr.
Skyrme said the Commission needs to consider why each question should be asked as this
is the City's most important position. She recommended against basing decisions on "gut"
reaction. She suggested questions elicit answers that reflect the candidates' innovation,
analytical bent, perseverance, and background in overcoming obstacles.
It was felt staff should not push projects before the Commission without the City
Manager's prior support. The City Attorney said it is natural for staff members to
champion favorite projects. It was felt the City Manager should control staff
recommendations.
msp04c97
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04/22/97
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Dr. Skyrme suggested a background in community focus and involvement is
important. It was recommended that questions provide candidates the opportunity to
present their communication skills, report on their management style, and provide examples
of perseverance, strength of character, personal creative contributions, innovation, tough
decisions, methods and processes to encourage team building, collaboration, creativity,
innovation, defining and prioritizing issues, past relationships with unions, the media, local
governments, citizen groups, etc.
Dr. Skyrme recommended the Commissioners document their decision should the
matter be disputed. The Commissioners reviewed the questions they felt were most
important. Dr. Skyrme noted the importance of formulating the type of answer and
information the preferred candidate should provide. She suggested processes described by
candidates are more important than outcomes.
The Commission reviewed questions proposed by Mr. Slavin, suggesting direction
and design. The position serves at the pleasure of the Commission. Dr. Skyrme
recommended the City Commission consider which standards to use to assess the new
City Manager's performance, what they hope will be accomplished during the first several
years, and completing the process for the Vision statement.
Dr. Skyrme reviewed the interview procedures. She recommended Commissioners
not physically react to answers by nodding, etc. Dr. Skyrme will develop questions based
on today's discussion and distribute them to the City Commission. Commissioners will be
asked to share information gathered in the personal interviews when they meet to discuss
the candidates.
Consensus was to narrow the field at a special meeting immediately following the
April 28, 1997, Work Session.
It was felt department directors should not meet with candidates privately as each
director has different biases. It was suggested a casual reception be planned to allow the
Commission and department directors to mingle with the candidates in an informal setting.
A reception was scheduled for candidates to meet informally with Commissioners
and department directors at the Harborview Center on April 25, 1997, from 5:00 to 6:30
p.m. The City Manager will host a breakfast for the candidates on April 26, 1997.
ITEM #2 - Adiournment
The meeting adjourned at 4:55 p.m.
msp04c97
3
04/22/97
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Names for consideration for Beach Entryway Team
Leslie A. Black
830 S. Gulfview Blvd.
Unit 503
Clearwater, FL 33767
PH: 442-8249
Kathleen Muranyi-Seiler
731 Snug Island
Clearwater, FL 33767
PH: 443-2227
Kay Vargas
501 Mandalay Ave. #B21
Clearwater, FL 33767
PH: 449-2405
Arthur Lupien
2387 Nash St.
Clearwater, FL 33765
PH: 796-8033
Barbara Dowling
1270 Gulf Blvd. #1204
Clearwater, FL 33767
PH: 593-8117
Avery Coryell
1621 Sand Key Estate Ct.
Clearwater, FL 33767
PH: 595-8989
David MacNamee
827 Mandalay Ave. CB
Clearwater, FL 33767
Lucile Casey
3235 San Mateo St.
Clearwater, FL 33759
PH: 726-5279
Kay Countryman
443 E. Shore Dr. #5
Clearwater, FL 33767
PH: 442-7539
Garrett Pavalker
880 Mandalay Ave.
S-10-11
Clearwater, FL 33767
PH: 446-3347
STNA- TEX
Attn: Wesley Lorincz
501 Mandalay Ave.
Unit B-21
Clearwater, FL 33767
PH: 449-2405
Martin Clover
1759 Leo Lane S.
Apt. C
Clearwater, FL
PH: 466-0029
Roger Schulman
2337 Willow Tree Trail
Clearwater, FL
PH: 839-9393 (work)
Sky Train Corporation
Attn: Wilfred Sergeant
2599 Dolly Bay Dr.
Suite T308
Palm Harbor, FL 34684-1137
PH: 409-2213 (work)
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Preliminary Agenda
(Worksession) .
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, July 31, 2000
following closed attorney/client session beginning at 9:00 A.M.
Employee of the Month - July 2000
PRESENTATIONS
1 . Welcome of Russian Visitors
PUR PURCHASING
1. Curb Appeal Landscaping, grounds maintenance for Area 1 - Clearwater Beach; Area 11 - N.
Clearwater; Area 111- E. Clearwater & Area V - S. Clearwater, 8/1/00-7/31/01, est. $98,600 (PR)
2. laub Maintenance, Inc., grounds maintenance for Area IV - Countryside, 8/1 /00-7/31/01, est.
$27,250 (PR)
3. Biocube, Inc., one odor control system, $34,816 (PW)
4. Sunshine State One Call of Florida, notification & gas line marking service, 8/9/00-8/31/01, est.
$38,000 (SBS)
5. Dell Marketing L.P., computer hardware (205 Desktop personal computers, 16 notebook
computers, & misc. accessories), $440,054.20; financing to be provided under City's Master
lease-Purchase Agreement (PO)
6. Comark Inc., computer hardware (14 laser printers, 5 laserjet printers, 1 GIS plotter, & misc.
accessories/warranty), $30,847.89; financing to be provided under City's Master Lease-Purchase
Agreement (PO)
7. Good Rentals, misc. equipment rental (tables, chairs, canopies, etc.), remaining portion of
contract ending 11/30/00, increase from City Manager approved $24,000 to $44,000 (PR)
8. Florida Rock Industries, Inc., concrete sand, 8/4/00-8/31/03, est. $30,000 (PW)
9. JDL Technologies, network equipment (upgrades to support Document Management & Imaging
System and increase level of service on City's fiber loop), $63,467; financing to be provided
under City's Master Lease-Purchase Agreement (IT)
ED ECONOMIC DEVELOPMENT
1. First Reading Ord. #6586-00 - Granting telecommunications franchise to Adelphia Business
Solutions of Florida, LLC
FN FI NANCE
1. Agreement with Bank of America, banking services, for 5 years commencing 10/1/00, est.
$90,000 annually (Consentl
GS GENERAL SUPPORT SERVICES
1. Purchase one 2001 International LPG Delivery Tanker Truck, Sun State International Trucks Inc.,
$78,396.77; authorize funding through City's Master Lease-Purchase Agreement; authorize
retention of one 1992 Ford LPG tanker to be used as spare truck (Consent)
2. (Postponed from 7/20/00) Res. #00-29 - Demonstrating commitment by City to build a new
community sports complex in anticipation of funding from State of Florida, Pinellas County, &
City; approve letter of intent between City and Philadelphia Phillies
7/31 /00
1
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MR MARINE
1. Amendment to Lease Agreement with Howard G. Hamilton re South Beach Pavilion to extend
term to 6/30/04 (Consent)
2. Amendment to Lease Agreement for corporate name change of Fixed Base Operator at
Clearwater Airpark, from Day Tripper Aviation, Inc. to Clearwater Airpark, Inc. (Consent)
PR PARKS AND RECREATION
1 . Beautification Committee recommendation re Connolly property
PW PUBLIC WORKS
1. Public Hearing - Declare surplus portion of r-o-w for NE Coachman Road conveyed to City in OR
Book 3977, Page 911, for purpose of selling to FDOT; approve Purchase Agreement with FDOT
to sell said parcel for $14,500
2. Contract to Air Distributors, Inc., sell surplus property, 606 Cedar Street, J. J. Eldridge Sub., Blk
0, west % of Lots 43 & 44, for $14,001 (Consent)
3. Contract to Andrew Szilagyi, sell 400 sq.ft. parcel of surplus property on north side of Belleair
Rd., in SE ~ of Sec. 24-29-15, for net $625 (Consent)
4. Work Order to Tampa Bay Engineering, Engineer of Record, for sanitary sewage pump station &
force main design, $373,000
5. Update re Roundabout Charette
CLK CITY CLERK
1 . Environmental Advisory Board - 1 appointment
2. Enterprise Zone Development Agency - 2 appointments
3. Library Board - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying east of US19 & west of
Chautauqua Avenue (formerly Main Street)(Dimmitt, V99-13)
2. 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. (Cont. from 7/20/00) Ord. #6552-00 - Vacating 40' r-o-w of Bay Avenue, lying N of Pinellas St.
& S of north r-o-w liine 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)
4. (Cont. from 7/20/00) Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending
9/30/00
5. (Cont. from 7/20/00) Ord. #6568-00 - Amending Capital Improvement Program Report and
Budget for Fiscal Year ending 9/30/00
6. Ord. #6573-00 - Amendments to Community Development Code
7/31/00
2
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Resolutions
1. Res. #00.30 - Dedicating Coachman Park in downtown Clearwater as a Public Park
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
1. Direction re Commission salary adjustment
2. Direction re City Manager Search
Presentation(s) for Thursday Night
1. Supervisor of Elections Update - Deborah Clark
2. Parks and Recreation Annual Appreciation Award
3. Pinellas County MPO - Brian Smith - Pinellas Trail Signage Inventory & Recommendations Report
Other Commission Action
Adjourn
7/31/00
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To:
Cyndie Goudeau, City Clerk
From:
Jean Stuart, Chair, Beautification Committee
Mayor, City Commissioners f f'
Kevin Dunbar, Parks and ~reation Director
Beautification Committee Members
cc:
Date:
July 13, 2000
RE:.
Recommendation to Seek Funding
to Purchase Conley Property
The Beautification Committee strongly recommends that the City Commission authorize staff
to investigate funding sources to purchase the William Conley property in the Historic Bayview
section to be used as a passive City park.
The committee feels the highest and best use of the land is to preserve this entrance to
. Clearwater. The property is environmentally sensitive and historically significant to all
Clearwater citizens.
Committee members would be available to further explain the committee's position at a
future City Commission meeting, if this is the Commission's desire.
The unanimous votes were cast by Chair Jean Stuart, Vice Chair Candace Hider, and
Members Steve Brown, Marcia Blakemore and Brooks Hammac.
Thank you for your consideration in this matter.
Note from Clerk Dept.: It is the Connolly property.
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