09/20/2001Agenda: 09-20-01
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 20, 2001 - 6:00 P.M. - Commission Chambers
1 . Invocation - Father Patrick Donovan, St. Brendan's Catholic Church.
2. Pledge of Allegiance - Mayor.
3. Service Awards - 6 awards presented.
4. Introductions and Awards - None.
5. Presentations - Given.
a) Library Foundation Capital Campaign Update- Jim Harper
.6. Approval of Minutes - Regular Meeting 9/6/01 - Approved as corrected.
7. Citizens to be heard re items not on the Agenda
Carl Wagenfohr requested staff contact all Island Estates residents re NCOD process.
Tom Nucera said Clearwater's Liberty Tree, dedicated'7/4/00, is the first of nationwide
observations and recommended large flag and flagpole replace roundabout fountain
Anne Garris reviewed CBA plans for roundabout design competition.
Fran Glaros congratulate efforts to raise funds for new main library & requested more
harmony among City Commission members.
PUBLIC HEARINGS
ITEM #8_ - Public Hearing & First Reading Ord. #6836-01, #6837-01 & #6838-01 -
Annexation (& redefining boundary lines of City include said addition), Land Use Plan
Amendment to Residential Urban & LMDR Zoning, 3011 Virginia Ave., Bay View City Sub.,
Blk 1, N 47' of Lots 5 & 6 (Taylor G. Bingham 111)
ACTION: Approved. Ordinances passed 1st reading.
ITEM #9 - Public Hearing & First Reading Public Hearing - FY2002 Budget
a) Penny for Pinellas Project List
ACTION: Approved.
b) Second Reading Ord. #6841-01 -declaring Millage Rate to be levied for Fiscal Year
beginning 10/1 /01 and ending 9/30/02 at 5.5032 mills (levy of 5.5032 mills constitutes a
7.58% increase over the rolled back rate of 5.1156 mills)
ACTION: Ordinance adopted as amended. (4-1 EH)
c) Second Reading Ord. #6842-01 - adopting Operating Budget for Fiscal Year beginning
10/1 /01 and ending 9/30/02
ACTION: Ordinance adopted. (4-1 EH)
d) Second Reading Ord. #6843-01 - adopting Capital Improvement Program Budget for
Fiscal Year beginning 10/1 /01 and ending 9/30/02
ACTION: Ordinance adopted. (4-1 EH)
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ITEM #10 - Budget line item savings totaling $241,620; amend fiscal year 2001/2002
operating budget at first quarter to establish designated reserve in same amount NOT A
PUBLIC HEARING
ACTION: Approved.
Public Hearing - Second Reading Ordinances
ITEM #11 - Ord. #6796 -01 - implementing grease control program for wastewater
collection system
ACTION: Ordinance adopted. (4-1 EH)
ITEM #12 - Ord. #6835-01 - Amendments to Community Development Code (re notice
requirements for continuances; factors related to NCOD; transfer of Development Rights)
ACTION: Ordinance adopted. (3-2 EH, WJ)
ITEM #13 - Ord. #6840-01 - relating to water shortages; adopting an enforcement
procedure for violators of water shortage restrictions & providing an appeal process
ACTION: Ordinance adopted.
ITEM #14 - Ord. #6857-01 - Relating to Purchasing; amending Secs 2.561, 2.562 &
2.564 adjusting dollar thresholds for City's purchasing procedures
ACTION: Ordinance adopted. (4-1 EH)
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15 - 26) - Approved as submitted
ITEM #15 - Approval of Purchases (& Declaration of Surplus) per Purchasing
Memorandum:
1) Hewlett-Packard Company, service contract for hardware and software maintenance;
10/1/01-9/30/02; $34,212 (IT)
2) Verizon Florida Inc., service contract for high bandwidth services, frame relay and
ADSL; 10/l/01-9/30/02; est. $45,000 (Ali)
3) PeopleSoft USA Inc., service contract for license fee and maintenance for PeopleSoft
system; 10/l/01-9/30/02; $70,740 (IT and HR)
4) Verizon Florida Inc., service contract for telephone services; 10/1/01 -9/30/02; est
$362,350 (All)
5) Verizon Florida Inc., serv*6ce contract for telephone utility charge; 10/1 /01-9/30/02; est
$50,000 WD and FD)
6) Department of Management Services, service contract for Suncom long distance
service; and centranet lines; 10/l/01-9/30/02; est $159,350 (All)
7) Cayenta Canada Inc., service contract for maintenance and support for licensed Cayenta
programs; 10/l/01-9/30/02; est. $72,000 (SBS)
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8) Diesel Energy Systems, service contract for generator maintenance and repair; 10/1/01-
9/30/02; est $75,000 (GS)
9) L&S Custom Coaches, preparation and painting of negotiator vehicle; increase of
$3,500 (PD)
10) Ringhaver Equipment Co., 60kw portable generator sets (used); 150kw portable
generator sets (used); $102,300 (PU)
11) McKim & Creed Engineers, work order for engineering service; $75,100 (PW)
12) Declare surplus and authorize disposal of vehicles and equipment.
ITEM #16 - Authorize settlement of the personal injury claim of Constance Argeropulos,
arising from a fall on a City of Clearwater sidewalk, for payment of $40,000 (FN)
ITEM #17 - Approve acceptance of FY 2001/02 Local Law Enforcement Block Grant
(LLEBG) funding for two years in the amount of $245,829 from. the U.S. Department of
Justice/Bureau of Justice Assistance (PD)
ITEM #18 - Approve an agreement with Clearwater Housing Authority (CHA) to provide
additional police services to Jasmine Courts and Homer Villas for a period of two years in
exchange for $142,501.in federal grant funding (PD)
ITEM #19 - Approve acceptance of third year grant funding in the amount of $34,910
from the State of Florida, Office of the Attorney General, 2001/02 Victims of Crime Act
(VOCA) Grant Program (PD)
ITEM #20 -Approve acceptance of $997,800 in federal grant funds for a Neighborhood
Policing Initiative for the Homeless and approval of individual agreements with various
contractors to perform services related to the grant (PD)
ITEM #21 - Approve Florida Recreation Development Assistance Program (FRDAP) project
grant agreement for North Greenwood Aquatics Center project, in the amount of
$200,000, between the State of Florida Department of Environmental Protection and the
City. (PR)
ITEM #22 - Approve Florida Recreation Development Assistance Program (FRDAP) project
grant agreement for Eddie C. Moore Softball Complex Fields 8 & 9 project, in the amount
of $200,000, between the State of Florida Department of Environmental Protection and
the City (PR)
ITEM #23 - Award a contract for the N. Greenwood Reclaimed Water & Corridor
Enhancements (01-0029-EN) to Steve's Excavating & Paving of Clearwater, Florida, in the
amount of $2,090,001.10 (PW)
ITEM #24 - Approve a Cooperative Funding Agreement with the Southwest Florida Water
management District (SWFWMD) for the amount of $135,000, providing funding to the
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ITEM #25 - Accept a Quit-Claim Deed from Morton Plant Hospital Association, Inc.
conveying the easterly 18 feet of former Sadler Street right-of-way lying between Lots 19
and 20, Bluff View Court Subdivision (PW)
ITEM #26 - Award contract for the Lift Stations 27 & 30 Improvements (LF-100599) to
Azurix North America Underground Infrastructure, Inc. of Longwood, Florida in the amount
of $329,426.90, which is the lowest responsible bid received in accordance with plans
and specifications (PW)
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #27 - Main Library Design Development Presentation - Robert A. M. Stern, Architect
ACTION: Action scheduled for 10/4/01.
ITEM #28 - Res. #01-33, authorizing -a Joint Participation Agreement (JPA) with the Florida
Department of Transportation, for supplement #4 of the Airport Master Plan/Storm Water
Management Plan and Permitting
ACTION: Approved. Resolution adopted.
ITEM #29 - Res. #01-34, authorizing Supplemental Agreement #1 to complete the Design
and Construction of two aircraft T-hangars and one corporate hangar at Clearwater
Airpark, a Joint Participation Agreement (JPA) between the City of Clearwater and the
State of Florida Department of Transportation, increasing Department and Agency funding
by $ 250,000
ACTION: Approved. Resolution adopted.
ITEM #30 - Approve Change Order #1 to GLE Construction Services, Inc. of Tampa, Florida
for new T-Hangars at Clearwater Airpark (00-0031-AP), which will increase the contract
by $34,989.00 for a new contract total of $631.010.35, and approve a time extension of
sixty (60) days (MR)
ACTION: Approved.
ITEM #31 - First Reading Ord. #6853-01 - creating new Section 32.042 of Chapter 32,
Clearwater Code of Ordinances; providing for registration of Communications Services
Providers
ACTION: Approved. Ordinance passed 1st reading.
ITEM #32 - First Reading Ord. #6856-01 - amend Clearwater Code of Ordinances,
Appendix A, Article XIX, Streets, Sidewalks, Other Public Places, modifying fees charged
for right-of-way permits
ACTION: Approved. Ordinance passed 1st reading.
ITEM #33 - David Mack - Presentation regarding Yacht Basin. Redevelopment Proposal
ACTION: Staff directed to move forward in determining feasibility of amending Beach by Design
regarding this specific project. (3-2 EH, WJ)
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ITEM #34 - Third Quarter Budget Review
ACTION: Approved.
a) First Reading Ord. #6844-01 - amending the operating budget for FY ending Sep. 30,
2001
ACTION: Approved. Ordinance passed 1st reading.
b) First Reading Ord. 6845-01 - amending the capital improvement budget for the FY
ending Sep. 30, 2001
ACTION: Approved. Ordinance passed 1st reading.
ITEM #35 - First reading Ordinance 6876-01 providing for refunding of outstanding Public
Service Tax and Bridge Bonds, Series 1985, and the 1995 Improvement Revenue Bonds,
Series 1995; and approve William R. Hough & Co. as the senior underwriter on the bonds
and Solomon Smith Barney as the co-underwriter.
ACTION: Approved. Ordinance passed 1st reading.
ITEM #36 - Approve the City's annual membership in the Tampa Bay Partnership for FY
2001/02, in the amount of $ 50,000 (ED)
ACTION: Approved.
ITEM #37 - Approve agreement with the Clearwater Beach Chamber of Commerce for FY
2001/02 FY 2001/02 in return for funding in the amount of $35,000 (ED)
ACTION: Approved.
ITEM #38 - Approve agreement with Clearwater Regional Chamber of Commerce for FY
2001/02 tourism services in return for funding in the amount of $170,000 (ED)
ACTION: Approved.
ITEM #39 - Approve re-siting of the Water Treatment Facility to be constructed at Sid
Lickton Park (PW)
ACTION: Approved.
ITEM #40 - Approve funding commitment of $50,000 to the Southwest Florida Water
Management District (SWFWMD) for feasibility and permitting of aquifer storage and
recovery (ASR) using reclaimed water (PW)
ACTION: Approved.
ITEM #41 - Approve revisions to the Reclaimed Water Master Plan (PW)
ACTION: Approved.
ITEM #42 - Approve one-year funding agreement with Jolley Trolley Transportation of
Clearwater Inc. for operation of transportation and trolley services in the amount of
$326,700
ACTION: Approved as amended, removing sentence re subsequent year funding in Art III, B.
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ITEM #43 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #44 - Other City Attorney Items - None.
ITEM #45 -_City Manager Verbal Reports
Kevin Dunbar reported the Phillies are recommending the SPC (St. Petersburg College)
site no longer be considered for the Community Sports Complex. Staff to analyze
assumptions and make recommendations.
City Manager indicated addressing citizen concerns presented at meetings may require
time.
ITEM #46 - Other Commission Action
Gray said she will provide staff materials she received at the Neighborhoods
Conference.
. Gray recommended Commissioners report on conferences they attend to determine
conference importance and relevance.
Gray wished her husband a Happy 15" Anniversary.
Jonson reviewed positives related to last week's tragic terrorist attacks and honored
.sacrifices made by emergency workers and the community's generosity.
Jonson said the new City Hall landscaping is attractive and landscaping is being
installed on the Airpark's berm.
Jonson recommended the purchase of Tampa Bay Estuary license tags to fund water
quality improvements to the bay.
Hamilton expressed sadness regarding last week's tragic events.
Hamilton congratulated the Greater Clearwater Chamber of Commerce on the
successful Taste of Clearwater on 9/19/01.
Aungst thanked the Police and Fire Departments for their participation in the 9/8/01 .
Bike Jamboree at Countryside Recreation Center.
Aungst reported the Garden Street Park groundbreaking is scheduled for 9/22/01.
Aungst announced Safety Village Open House & Safety Fair is scheduled for 9/29/01.
Aungst congratulated Marine and Aviation Department employees for success at U.S.
Lifesaving Association competition.
Aungst congratulated the Parks & Recreation Department for receiving the 2001 Florida
Recreation & Parks Association Agency Excellence Award.
Aungst thanked City's forestry crews who cleaned up after last week's tropical storm.
ITEM #47 - Adjournment 11:11 p.m.
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city Commission
Meeting
09-20x01
note: 09/17/OlPreliminary (Warksession) 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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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City
SUBJECT: Follow up from September 17, 2001 Work Session
COPIES: William B. Horne, City
DATE: September 19, 2001
In response to questions raised at the 'eptember 17, 2001 Work Session, the following answers are
provided in final agenda order:
Item #9a - Penny for Pinellas Proj
are provided.
Item #9b. - Millage Rate - Tina W
Thursday meeting.
List - Presentation information and Forecasting Worksheet
will address the question regarding the budget ad at the
Item #25 - Quit-Claim Deed from Norton Plant Hospital - in response to a question, the entire
Sadler Avenue and Reynolds Avenue rights-o -way are within the boundaries of the Morton Plant Hospital
Campus.
Items 37, and 38 - Agreements wit
provided. Anne Green will be available Thur
other cities.
History of tourism funding is:
1996/97 $260,450
1997/98 $298,310
1998/99 $313,370
1999/2000 $195,000 (firs
2000/01 #187)809
Beach and Regional Chambers. Financial information is
ay to address this information as well as report re efforts of
year contracting with Chambers)
Item #40 - SWFWMD aquifer storag and recovery (ASR) using reclaimed water - a listing of other
municipalities pursuing reclaimed ASR and contact list are provided. Also provided is a side by side
comparison of project sequence.
Item #42 - Jolley Trolley contract - Item was provided with pack. Financial statements provided
with this memo.
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Clearwater City Commission
Agenda. Cover Memorandum
Work session item #:
Final Agenda item #
09/17/01
Meeting Date: 09/20/01
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
0 and that the appropriate officials be authorized to execute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment of the
City of Clearwater
BACKGROUND:
5 Years 15 Years
Jack Deshazo Solid Waste Philip Jackson Jr. Police
Von L. Watson Public Services Susan C. Marx Gas
Darrell W. Ford Public Services Michael J. Walsh Public Services
Robin I. Gomez Finance Lawrence Wynn Public Utilities
Mark O. Murray Police Karen Miles Finance
James E. McBride Police Eddie Hunter Jr. Parks and Rec
David H. Dalton Police
Mahshid D. Arasteh Public Works
Michael L. Duff General Services 20 Years
John R. Schuster Public Utilities
10 Years Terry A. Webber Development Services
Gloria L. Nims Library Peter C. Werbstein Public Utilities
Christopher L. Hunter Gas
William T. Taggart Jr. Police 25 Years
Steven J. Francis Library Peter P. Clare Public Services
Miles Ballogg Eco Development Daniel R. Wolf Public Utilities
Elizabeth A. Garrett Parks and Rec
Noel Wright Public Services
35 Years
Candace K. McDaniel Library
*Marlene P. Havens Library
*carry over from August
Reviewed by: Originating Dept: Costs
Legal Info Srvc Total
Budget Public Works User Dept. Funding Source:
Purchasing DCM/ACM Current FY CI
Risk Mgmt Other Attachments COP
Other
Submitted by:
City Manager 0 None Appropriation Code:
Printed on reevcied naner Rev. 2/98
St?,AI•a
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # 6
Meeting Date: Sept. 20, 2001
SUBJECT/RECOMMEN DATI ON:
S Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 3011 Virginia Avenue (North 47
feet of Lots 5 & 6, Block 1, Bay View City Subdivision l in Section 16, Township 29 South, Range 16
East) ; Owner: Taylor G. Bingham 111.
MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential
Urban to City Residential Urban and Zoning Atlas Amendment from County Zoning Residential, Single
Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 3011 Virginia
Avenue (North 47 feet of Lots 5 & 6, Block 1, Bay View City Subdivision in Section 16, Township 29 South,
Range 16 East) and PASS Ordinances No. 6836-01, 6837-01 & 6838-01 on first reading. (ANX 01-06-12)
0 and that the appropriate officials be authorized to execute same.
SUMMARY:
This site is located at 3011 Virginia Avenue, on the southwest corner of Meadow Lark Lane and Virginia Avenue.
The purpose of the annexation is to enable the applicant to receive City sanitary sewer and water services. The
subject property is currently vacant and the site is approximately 0.11acres in size. The applicant intends to relocate
a 1,188 square foot, single-family dwelling located in Saint Petersburg at 2001 401h Street South to this site. The
annexation of this property will eliminate an existing enclave in the area.
The subject property is non-conforming with regard to the lot area and width. The proposed use of this site requires
a reduction in the lot area and lot width requirements. The Development Review Committee (DRC) recommended
approval of this application on July 12, 2001 and the Community Development Coordinator subsequently approved it
contingent upon the approval of this annexation.
The property will be served by the City of Clearwater sanitary sewer and water services. The sewer impact fee of
$900 was paid by the applicant on July 10, 2001. The property owner is also aware of the need and costs to extend
the sanitary sewer and water lines to this property.
The Planning Department determined that the proposed annexation is consistent with the following standards
specified in the Community Development Code:
• The proposed annexation will not have an adverse impact on public facilities and their level of service.
Reviewed by:
Legal v?
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc N/A
Public Works N/A
DCM/ACM
Other
Submitted by: U Cit
y Manager
#Aowo??
Printed on recycled naner
Originating Dept: Costs
PLANNING DEP ( ENT Total
(ETIM S. UDOH
User Dept. Funding Source:
PLANNING D ENT Current CI
FY
Attachments OP
ORDINANCES NO. 6836-01, Other
6837-01 & 6838-01
STAFF REPORT
? None ! Appropriation Code:
Rev. 2/9R
C? ? h
ANX 01-06-12
Taylor G. Bingham III
September 20, 2001
Page 2
• The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the
Community Development Code.
• The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension
of the boundaries and does not create an enclave.
This annexation requires a review by the Pinellas Planning Council (PPC) and the County pursuant to the Pinellas
County charter amendment approved by referendum on November 7, 2000. The PPC and County staff have
reviewed this annexation and have no objections.
The Planning Department determined that the proposed land use plan amendment and rezoning applications are
consistent with the following standards specified in the Community Development Code:
• The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan.
The potential range of uses and the specific proposed use are compatible with the surrounding area.
• Sufficient public facilities are available to serve the property.
• The applications will not have an adverse impact on the natural environment.
The Community Development Board reviewed these applications at its public hearing meeting of August 21, 2001
and unanimously recommended approval of all applications to the City Commission.
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CDB Meeting Date: August 21, 2001.
Case #: ANX 01-06-12
Agenda Item #: D.1.
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
OWNER(S): Taylor G. Bingham III.
LOCATION: 3011 Virginia Avenue.
Generally located on the southwest corner of Meadow Lark
Lane and Virginia Avenue, approximately 210 feet east of
Bayview Road.
PIN: 16/29/16/05292/001/0051
REQUEST: To annex the property into the City of Clearwater at the
request of the property owner and approve the appropriate
City land use plan category and zoning district.
SITE INFORMATION
PROPERTY SIZE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
4, 700 square feet or 0.11 acres
47 feet frontage by 100 feet depth
Vacant
Single family residential
Residential Urban (County)
Residential Urban (City)
ZONING DISTRICT:
Current District: R-3, Single Family Residential District (County).
Proposed District: LMDR, Low Medium Density Residential
EXISTING
SURROUNDING USES:
North: Mobile home park
South: Single-family residential
East: Single-family residential
West: Single-family residential
CDB ANX 0l -06-12
August 21, 2001
Page 2
ANALYSIS
The property owner has requested this annexation in order to receive sanitary sewer and
water services from the City . The subject annexation involves 4,700 square feet or 0.11
acres of real property. The property will have a land use plan designation of Residential
Urban and it is proposed to be zoned Low Medium Density Residential (LMDR). The
annexation of the subject property will eliminate an existing enclave in the area. The
subject site is currently vacant. The applicant intends to relocate an 1,188 square foot,
single-family dwelling located in Saint Petersburg on 2001 401h Street South to this site.
The subject property is non-conforming with regard to the lot area and width. A detached
dwelling unit is required to have a minimum lot area of 5,000 square and a lot width of
50 feet in the LMDR zoning district which the subject parcel does not meet. However,
the applicant has applied for a Flexible Standard development to reduce the required lot
area of 5,000 square feet to 4,700 square feet and the lot width from 50 feet to 47 feet as
part of a Residential Infill Project. That application was reviewed by the Development
Review Committee (DRC) on July 12, 2001. The DRC unanimously recommended
approval of the request contingent upon the approval of this annexation.
1. IMPACT ON CITY SERVICES
Water and Sewer:
Both water and sanitary sewer services will be provided by the City of Clearwater and the
capacity for the project is available for both utilities. The closest sewer line is located in
the Virginia Avenue right-of-way. The sewer impact fee of $900.00 was paid by the
applicant on July 10, 2001. The applicant is aware of the additional cost to extend sewer
service to the property which is estimated to be $700.00. The applicant will be
responsible for this payment. The City will also require payment for the utility deposit
for this home.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an
interlocal agreement with Pinellas County to provide for the disposal of solid waste at the
County's Resource Recovery Plant and capacity is available to serve the property.
Police: The proposed annexation is located within Patrol District 3 in which-there are
currently 51 patrol officers and 6 patrol sergeants assigned to this District. The District
Station is located at 2851 North McMullen Booth Road. Community policing service
will be provided through the City's zone system and officers in the field. The Police
CDB ANX 01-06-12
August 21, 2001
Page 3
Department will be able to serve this property and the annexation will not adversely
affect police service and response time.
Fire and Emergency Medical Service:
Fire and emergency medical services will be provided to the property by Station # 48
located at 1700 North Belcher Road. The Fire Department will be able to serve this
property and the annexation will not adversely affect fire and EMS services and response
time.
II. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
The annexation promotes infill development as stated in the following clauses from the
Future Land Use Needs Summary and Goals and Objectives of the Clearwater
Comprehensive Plan:
• Vacant developable land in Clearwater has been reduced from approximately 1,034
acres in 1989, to approximately 600 acres in 1996. Most of these parcels are less
than one acre in size. Infill development, urban conservation, and urban renewal
strategies will continue to be predominate in implementing Clearwater's plan.
2.1 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.4 Objective - Compact urban development within the urban service area shall be
promoted through application of the Clearwater Community Development Code.
3. Goal - A sufficient variety and amount of future land use categories shall be
provided to accommodate public demand and promote infill development.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan
both in the Future Land Use Map and the goals and policies of the Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY
DEVELOPMENT CODE AND CITY REGULATIONS
The appropriate zoning district for the subject parcel is the Low Medium Density
Residential (LMDR) District. A detached dwelling unit is required to have a minimum
CD ANx 01-06-12
Aug st 21,2001
Pape 4
lot area of 5,000 square feet and a lot width of 50 feet in the LMDR zo ing district which
the subject parcel does not meet. However, the applicant has applied f )r a Flexible
Standard development to reduce the required lot area from 5,000 sq are feet to 4,700
square feet and to reduce the required lot width from 50 feet to 47 feet as part of a
Residential Infill Project. The Development Review Committee review d that application
(Case # FLS 01-06-44) on July 12, 2001 and unanimously recommend d approval of the
application contingent upon the approval of this annexation.
IV. CONSISTENCY WITH COUNTYWIDE PLAN
The Pinellas County Comprehensive Plan and the Countywide Plan d signate the site as
Residential Urban. It is the purpose of this plan category to depict hose areas of the
County that are now developed, or appropriate to be developed, in an rban low density
residential manner; and to recognize such areas as primarily well suited for residential
uses that are consistent with the urban qualities and natural resource characteristics of
such areas. Residential uses are the primary uses in this plan category up to a maximum
of 7.5 dwelling units per acre. Secondary uses include resid ntial equivalent,
institutional, transportation/utility, ancillary non-residential and ree eation and open
space.
There is no change requested in the Comprehensive Plan category of. the site that will
remain Residential Urban with a maximum density of 7.5 dwelling units per acre for
residential use. All non-residential uses shall not exceed a floor area r do (FAR) of 0.40,
or an impervious surface ratio (ISR) of 0.65. The annexation requir s a review by the
Pinellas Planning Council (PPC). Following the approval of the Pine las County charter
amendment in a referendum election on November 7, 2000, the Pinella Planning Council
is now authorized by Ordinance No. 00-63, Section 7(1-3) to re iew all voluntary
annexations including those previously executed through valid agreem nt. The PPC staff
has completed the review of this application and there is no objecti n concerning this
annexation.
V. CONSISTENCY WITH FLORIDA LAW
Florida Statutes require that a proposed annexation be both contig ous with existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171).
This property is contiguous with existing municipal boundaries to t e north, south and
west and therefore represents a logical extension of the existing boundaries. The
compactness standard in Florida law requires that the annexation oes not create an
enclave or a serpentine pattern of municipal boundaries. The annexat on of this property
is consistent with this standard and no enclave will be created by th annexation of this
property.
CDB ANX 0l -06-12
August 21, 2001
Page 5 .
In summary, the annexation of this parcel will not create additional enclaves, is within the
City's planning area, and will be served in a timely manner with the requisite urban
services.
VI. CODE ENFORCEMENT ANALYSIS
There are no current code enforcement violations or any code enforcement history on this
site.
VII. SUMMARY AND RECOMMENDATION
The proposed annexation can be served by all City of Clearwater services, including
utilities, police, fire and emergency medical services without any adverse effect on the
service level. The applicant has paid the applicable sewer impact fee of $900.00 and is
aware of the additional cost to connect the property to the City utility systems.
The proposed annexation and use is consistent with both the City's Comprehensive Plan
and the Countywide Plan both with regard to the Future Land Use Map as well as goals
and policies. The applicant has applied for and received a recommendation for approval
from the DRC on a Flexible Standard Development as part of a Residential Infill Project
to streamline the development approval of this site. Finally, the proposed annexation is
consistent with Florida law regarding municipal annexation through its adjacency with
existing City boundaries and is compact in concentration. The annexation of this
property will eliminate an existing enclave in this area.
Based on the above analysis, the Planning Department recommends the following action
on the request:
1. Recommend APPROVAL of the annexation of the property located at 3011 Virginia
Avenue.
2. Recommend APPROVAL of the Residential Urban plan category pursuant to the
City's Comprehensive Plan.
3. Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
district pursuant to the City's Community Development Code.
Prepare by:
Etim S.?Jd"oh
Senior Planner
CDB ANX 01-06-12
August 21, 2001
Page 6
Attachments: Application
Location Map
Aerial Photograph of Site & Vicinity
Land Use Map
Existing Surrounding Uses Map
Proposed Annexation and Zoning Classification
Proposed Annexation and Storm Atlas
Proposed Annexation and Sanitary Atlas
Proposed Annexation and Water Atlas
ORDINANCE NO. 6836-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF MEADOW LARK LANE AND
VIRGINIA AVENUE, CONSISTING OF BAY VIEW CITY
SUBDIVISION, BLOCK 1, NORTH 47 FEET OF LOTS 5 AND 6,
WHOSE POST OFFICE ADDRESS IS 3011 VIRGINIA AVENUE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
North 47 feet of Lots 5 and 6, Block 1, Bay View City Subdivision, according to the
plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas
County, Florida (ANX 01-06-12)
Section 2. The provisions of this ordnance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Z
Leslie K. Dougall-Sid s
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6836-01
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER: Taylor G. Bingham III
CASE ANX 01-06-12
SITE: 3011 Virginia Avenue
- PROPERTY
- SIZE (ACRES): 0.11
ZONING LAND USE PIN: 18x29/18/05292/001/0051 J
FROM: F-3/County Residential Urban
-- _-----_-------?-_--
TO: LMOR Residential Urban ATLAS 292A
PAGE:
Exhibit "A" Ordinance No. 6836-01
ORDINANCE NO. 6837-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF MEADOW LARK LANE AND
VIRGINIA AVENUE, CONSISTING OF BAY VIEW CITY
SUBDIVISION, BLOCK 1, NORTH 47 FEET OF LOTS 5 AND 6,
WHOSE POST OFFICE ADDRESS IS 3011 VIRGINIA AVENUE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Proms Land Use Category
North 47 feet of Lots 5 and 6, Block 1, Bay View City Residential Urban
Subdivision, according to the plat thereof as recorded
in Plat Book 9, Page 43, Public Records of Pinellas
County, Florida (ANX 01-06-12)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6836-01, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to § 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
ALrved as to form:
Leslie K. Dou all-S d s
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6837-01
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COUNTYWIDE FUTURE LAND USE PLAN MAP
OWNER: Taylor G. Bingham III I CASE ANX 01- 06-12
SITE: 3011 Virginia Avenue PROPERTY SIZE (ACRES): 0.11
FROM: ZONING
R-3/County LAND USE
Residential Urban PIN: t6/28/18J05292/001/0051
TO: LMDR Residential Urban ATLAS 292A
PAGE:
Ordinance NO. 6837-01
ORDINANCE NO. 6838-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF MEADOW LARK LANE AND VIRGINIA AVENUE,
CONSISTING OF BAY VIEW CITY SUBDIVISION, BLOCK 1,
NORTH 47 FEET OF LOTS 5 AND 6, WHOSE POST OFFICE
ADDRESS IS 3011 VIRGINIA AVENUE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM. DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
North 47 feet of Lots 6 and 6, Block 1, Bay View
City Subdivision, according to the plat thereof
as recorded in Plat Book 9, Page 43, Public
Records of Pinellas County, Florida (ANX 01-06-12)
Zoning District
Low Medium Density Residential
(LMDR)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6836-01.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-S
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6838-01
PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER: Taylor G. Bingham III CASE APVX 01-06-12
SITE: 3011 Virginia Avenue PROPERTY SIZE (ACRES): 0.11
ZONING
FROM: R-3/County
70: LMDR LAND USE
Residential Urban
Residential Urban
( PIN: 18/29/18/052921001/0051
( ATLAS 292A
PAGE:
Ordinance NO. 6838-01
r'
C,Z Clearwater City Commission Worksession Item #:
Agenda Cover Memorandum Final Agenda Item # ,rte
Meeting Date: 9/20/01
SUBJECT/RECOMMENDATION:
Approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2001/02
through 2009/10,
IN and that the appropriate officials be authorized to execute same.
SUMMARY:
• On March 6, 1997, the City Commission adopted Ordinance No. 6137-97. The ordinance
established the requirement for a special hearing prior to the adoption of the capital improvement
budget to discuss the use of Penny for Pinellas tax, and at any time in which there any proposed
change to Penny for Pinellas funding of $500,000 or more.
• The attached listing includes the Penny for Pinellas projects as currently approved by the City
Commission last September and the new list for "Recommended Project Funding" as included in
the proposed FY 2001/02 capital improvement plan through the final year of Penny receipts in
fiscal 2009/10.
° New projects funded under this proposal include the following: 1) the major renovation and
expansion of Fire Station 48, the Belcher station - $2,000,000, and, 2) the allocation of $72,000 for
city recreation trails. The plan also reflects significant savings of $6,165,948 in anticipated debt costs
on the recently approved Penny for Pinellas bond issue funding projects for the Memorial Causeway
Bridge, the Clearwater Beach Bitryway, and the Main Library.
° No projects have been eliminated under this proposal.
Reviewed by: Originating Dept: Costs n/a
Legal Info Srvc n/a OMB Total n/a
Budget
Public Works .. n/a
User Dept. _
Funding Source:
Purchasin DCM/ACM Current FY n/a C l
g City Manager
Risk Mgmt n/a Other Attachments OP
Penny for Pinellas project list Othe
r
Submitted by:
City Manager U
A44,ow,? p None
Appropriation Code:
Printed on remcied naner Qew
2198 - - - ----•
Penny for Pinellas
Analysis of Proposed Funding
For Fiscal Years 2001102 through 2009110
Current Recommended Net
Approved for Increase
Project Projects Approval (Decrease)
Beach Streetscape 4,500,000 4,500,000 -
Northwest Fire Station 1,700,000 1,700,000 -
Northwest Fire Station Furnishings 124,000 124,000,
-
Main Fire Station 4,605,000 4,605,000 -
Aerial Fire Truck 1,200,000 1,200,000 -
Rescue Fire Truck 310,800 310,800 -
Fire Training Facility 600,000 600,000 -
Fire Shop/Supply Facility 2,000,000 2,000,000 -
Fire - Clearwater Mall 2,000,000 2,000,000 -
Fire - Station 48 Renovation & Expansion - 2,000,000 2,000,000
Harborbluff Waterfront Park - Bond Issue 2,000,000 2,000,000 -
Main Library - - -
Town Pond (Downtown Stormwater Outfall Pipe) 1,500,000 1,500,000 -
Myrtle Avenue/Ft Harrison Avenue Widening 1,225,000 1,225,000 -
Recreation Trails 2,500,000 2,572,000 72,000
Ross Norton Recreation Complex 2,500,000 2,500,000 -
Morningside Recreation Complex 2,500,000 2,500,000 -
Druid Road Improvements 2,400,000 2,400,000 -
Infrastructure Facility - Parks & Recreation 3,100,000 3,100,000 -
Subtotal Capital Projects 34,764,800 36,836,800 2,072,000
Anticipated Project Debt Costs
16,235,625 10, 069,677
(6,165,948)
Total All Costs 51,000,425 46,906,477
(4,093,948)
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MOTION TO AMEND ORDINANCE NO. 6841-01 ON SECOND READING
9b
Amend Ordinance No. 6841-01 as follows:
1. In the first "whereas" clause, amend as follows:
WHEREAS, the estimated revenue to be received by the City for the fiscal year
beginning October 1, 2001, and ending September 30, 2002, from ad valorem taxes is
$29,996,920 $ ; 9.
2. In the second "whereas" clause, amend as follows:
WHEREAS, based upon the taxable value provided by the Pinellas County
Property Appraiser, 5.5032 mills are necessary to generate $29,996,920 $30,996;3a-D;
now, therefore,
Pamela K. Akin
City Attorney
9-11-01
2nd Reading
MILLAGE ORDINANCE
ORDINANCE NO. 6841-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING
SEPTEMBER 30, 2002, FOR OPERATION PURPOSES
INCLUDING PENSIONS AND DEBT SERVICE, AND ROAD
MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES
AT 5.5032 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY
OF 5.5032 MILLS CONSTITUTES A 7.58% INCREASE OVER THE
ROLLED BACK RATE OF 5.1156 MILLS.
Revised 9/11/01
WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning
October 1, 2001, and ending September 30, 2002, from ad valorem taxes is $29,996,920; and
WHEREAS, based upon the taxable value provided by the Pinellas County Property
Appraiser, 5.5032 mills are necessary to generate $29,996,920; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. It is hereby determined that a tax of 5.5032 mills against the nonexempt real
and personal property within the City is necessary to raise the sums to be appropriated for
operation purposes, including pensions and debt service, road capital improvement projects, for
the fiscal year beginning October 1, 2001.
Section 2. The levy of 5.5032 mills constitutes a 7.58% increase from the rolled back rate.
Section 3. This ordinance shall take effect October 1, 2001.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Brian J. Aungst
Mayor-Commissioner
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6841-01
2nd Reading
gLk 1 G OPERATING BUDGET ORDINANCE
ORDINANCE NO. 6842-01
AN ORDINANCE OF THE CITY , OF CLEARWATER,
FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND
ENDING SEPTEMBER 30, 2002; AUTHORIZING THE CITY
MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE
NECESSARY TO ACHIEVE AND ACCOMPLISH THE
SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING
THE CITY MANAGER TO TRANSFER MONIES AND
PROGRAMS AMONG THE DEPARTMENTS AND
ACTIVITIES WITHIN ANY FUND AS PROVIDED BY
CHAPTER 2 OF THE CLEARWATER CODE OF
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted an estimate of the expenditures
necessary to carry on the City government for the fiscal year beginning October 1, 2001,
and ending September 30, 2002; and
WHEREAS, an estimate of the revenues to be received by the City during said
period from ad valorem taxes and other sources has been submitted to the City
Commission; and
WHEREAS, a general summary of the operating budget, and notice of the times
and places where copies of the budget message and operating budget are available for
inspection by the public, was published in a newspaper of general circulation; and
WHEREAS, the City Commission has examined and carefully considered the
proposed budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Commission conducted a public hearing in City Hall on September 6, 2001, upon
said budget and tax levy; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA;
Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year
beginning October 1, 2001, and ending September 30, 2002, a copy of which is on file
with the City Clerk, the City Commission hereby adopts a budget for the operation of the
City, a copy of which is attached hereto as Exhibit A.
Ordinance No. 6842-01
Section 2. The budget as adopted shall stand and be the budget of the City for
said fiscal year, subject to the authority of the City Commission to amend or change the
budget as provided by Section 2.519 of the Clearwater Code of Ordinances.
Section 3. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the service programs
authorized by the adoption of this budget.
Section 4. The City Manager is authorized for reasons of economy or efficiency to
transfer part or all of any unencumbered appropriation balance among programs within
an operating fund, provided such action does not result in the discontinuance of a
program.
Section 5. It is the intent of the City Commission that this budget, including
amendments thereto, is adopted to permit the legal appropriation and encumbering of
funds for the purposes set forth in the budget. All appropriated and encumbered but
unexpended funds at the end of the fiscal year may be expended during the subsequent
fiscal year for the purposes for which they were appropriated and encumbered, and such
expenditures shall be deemed to have been spent out of the current budget allocation. It
shall not be necessary to reappropriate additional funds in the budget for the subsequent
fiscal year to cover valid open encumbrances outstanding as of the end of the current
fiscal year.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2001.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Pame K. Akin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. 6842-01
.EXHIBIT A
CITY OF CLEARWATER
2001-02 BUDGETED REVENUE
Actual Budgeted Budgeted
Revenues Revenues Revenues
1999100 2000/01 2001/02
GENERAL FUND:
Property Taxes 24,269,342 25,832,120 28,115,300
Sales Tax Revenue 5,363,888 5,680,550 12,850,000
Franchise Fees 7,743,009 7,937,460 6,858,720
Utility Taxes 15,242,594 16,167,360 10,798,580
Licenses 8 Permits 3,266,946 3,215,970 3,182,360
Fines, Forfeitures and Penalties 1,540,859 1,415,900 1,525,880
Intergovernmental Revenues 8,327,738 8,982,510 9,417,060
Charges for Current Services 1,559,686 2,121,620 2,002,500
Use and Sale of City Property and Money 1,270,617 1,005,790 1,240,860
Miscellaneous Revenues 254,491 153,510 309,290
Interfund ChargewTransfers 10,506,799 11,077,210 11,696,090
Transfer from Surplus 0 0 313,000
TOTAL GENERAL FUND 79,345,969 83,590,000 88,309,640
SPECIAL REVENUE FUNDS:
Special Development 14,351,373 12,559,680 19,549,560
Special Program Fund 4,405,817 2,441,300 2,901,160
ENTERPRISE FUNDS:
Water & Sewer Fund 37,274,758 40,558,520 44,760,020
Stormwater Utility Fund 5,103,464 5,055,000 5,646,780
Solid Waste Fund 15,291,419 15,384,000 15,817;300
Gas Fund 21,533,228 23,068,450 28,384,970
Recycling Fund 2,783,045 2,320,330 2,357,140
Marine & Aviation Fund 2,749,752 2,852,660 3,372,530
Parking Fund 3,732,218 3,608,748 4,204,720
Harborview Center Fund 1,934,942 2,442,420 2,396.670
INTERNAL SERVICE FUNDS:
Administrative Services 7,307,210 7,779,880 8,066,680
General Services 2,838,656 2,885,690 3,240.040
Garage Fund 8,720,883 8,821,000 8,983,680
Central Insurance Fund 12,818,392 12,425,180 14,353,620
TOTAL ALL FUNDS 220,191,126 225,792,858 252,344,510
Ordinance #6842-01
EXHIBIT A (Continued)
CITY OF CLEARWATER
2001-02 BUDGETED EXPENDITURES
GENERAL FUND:
City Commission
City Manager's Office
City Clerk
Development Services
Economic Development
Financial Services
Fire
General Support Services/Grant Writer
Human Relations
Human Resources
Legal
Library
Marine & Aviation
Non-Departmental
Office of Management & Budget
Office of Tourism
Parks & Recreation
Police
Planning Services
Public Communications & Marketing
Public Works Administration
Quality of Life Administration
Strategies for Success
Transfer to Surplus
TOTAL GENERAL FUND
SPECIAL REVENUE FUNDS:
Special Development
Special Program Fund
ENTERPRISE FUNDS:
Water & Sewer Fund
Stonmwater Utility Fund
Solid Waste Fund
Gas Fund
Recycling Fund
Marine $ Aviation Fund
Parking Fund
Harborview Center Fund
Actual Budgeted Budgeted
Expenditures Expenditures Expenditures
1999/00 2000101 2001/02
191,192 204,950 270,400.
750,426 700,530 783,380
998,158 1,181,320 1,293,480
2,276,751 2,635,470 2,858,860
534,533 682,640 961,240
1,488,111 1,950,840 2,046,660
13,178,393 15,118,810 15,502,390
n/a 66,180 n/a
503,867 574,810 488,430
993,303 989,580 1,131,250
953,614 1,237,360 1,259,130
4,254,932 4,375,040 4,541,310
491,169 480,970 507,390
4,658,571 2,506,550 2,773,590
236,524 253,070 267,020
229,317 n/a n/a
12,045,323 13,227,740 14,745,550
25,964,963 26,536,190 27,868,810
1,782,856 1,834,910 1,749,960
743,843 831,680. 910,400
6,896,650 7,465,250 8,350,390
n/a 725,890 n/a
122,476 n/a n/a
0 10,220 0
79,294,972 83,590,000 88,309,640
11,441,073 12,450,820 18,646,110
4,842,203 2,321,300 2,806,160
37,499,620 39,482,520 44,760,020
4,403,035 5,036,180 5,646,780
13,523,781 15,367,580 15,812,190
20,259,033 22,999,180 27,168,920
1,981,005 2,320,330 2,357,140
2,409,443 2,815,930 3,352,250
2,470,850 2,939,920 3,119,220
2,245,218 2,433,870 2,396,670
Ordinance #6842.01
EXHIBIT A (Continued)
CITY OF CLEARWATER
2001-02 BUDGETED EXPENDITURES
Actual Budgeted Budgeted
Expenditures Expenditures Expenditures
1999/00 2000/01 2001/02
INTERNAL SERVICE FUNDS:
Administrative Services 8,341,456 7,779,880 8,066,680
General Services 2,694,511 2,835,000 3,222,950
Garage Fund 7,449,038 8,778,510 8,983,680
Central Insurance Fund 10,508,003 10,577,260 12,086,800
TOTAL ALL FUNDS 209,363,241 231,728,280 246,735,210
t
Ordinance #6842-01
2nd Reading ?d
?u 1 a CAPITAL IMPROVEMENT ORDINANCE
ORDINANCE NO. 6843-01
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002;
APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT
PROGRAM WHICH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE
CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT
ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE
CAPITAL IMPROVEMENTS SO AUTHORIZED;
AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN THE CAPITAL
IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE
AND ANTICIPATED RESOURCES FOR THE PROJECTS
IDENTIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a proposed Six-Year Capital
Improvement Program, and has submitted an estimate of the amount of money
necessary to carry on said Capital Improvement Program for the fiscal year beginning
October 1, 2001, and ending September 30, 2002; and
WHEREAS, an estimate of the resources available and income to be received by
the City during said period from ad valorem taxes and other sources has been submitted
to the City Commission; and
WHEREAS, a general summary of the Capital Improvement Budget, and notice of
the times and places when copies of the budget message and capital budget are
available for inspection by the public, was published in a newspaper of general
circulation; and
WHEREAS, the City Commission has examined and carefully considered the
proposed budget; and
WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances,
the City Commission conducted a public hearing in the City Hall upon said proposed
budget on September 6, 2001; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Pursuant to the Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, a
Ordinance No. 6843-01
copy of which is on file with the City Clerk, the City Commission hereby adopts a budget
for the capital improvement fund for the City of Clearwater, a copy of which is attached
hereto as Exhibit A.
Section 2. The Six-Year Capital Improvement Program and Budget, a summary of
which is attached hereto, marked Exhibit B, is approved in its present form, but prior to
the beginning of each fiscal year the City Commission shall reevaluate priorities, hold
public hearings and formally adopt additions or corrections thereto.
Section 3. The budget as adopted shall stand and be the Capital Improvement
Program Budget of the City for said fiscal year, subject to the authority of the City
Commission to amend or change the budget as provided by Section 2.519 of the
Clearwater Code of Ordinances.
Section 4. The City Manager is authorized and directed to issue such instructions
and directives that are necessary to achieve and accomplish the capital improvements
authorized by the adoption of this budget.
Section 5. The City Manager is authorized to transfer appropriations within the
capital budget, provided such transfer does not result in changing the scope of any
project or the fund source included in the adopted capital budget.
Section 6. Should any provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any provision
thereof, other than the provision declared to be invalid.
Section 7. This ordinance shall take effect October 1, 2001.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
PX -.11
rnela K. Akin
City Attorney
2
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 684301
Exhibit A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001/02
Function
Police Protection
Fire Protection
Major Street Maintenance
Intersections
Parking
Miscellaneous Engineering
Park Development
Marine/Aviation Facilities
Libraries
Garage
Maintenance of Buildings
General Public Blds & Equip
Miscellaneous
Stormweater Utility
Gas System
Solid Waste
Utilities Miscellaneous
Sewer System
Water System
Recycling
Recommended
Budget
2001/02
500,000
2,173,200
4,986,620
435,000
3,300,000
175,000
3,540,000
715,000
5,737,900
2,842,210
5112,000'
0
1,405,200
5,954,620
2,485,490
515,000
226,670
11,420,170
14,195,460
. 225,000
$61,344,540
Ordinance #6843.01
rI
,e
01
Exhibit A (Continued)
RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 2001102
Recommended
Budget
GENERAL SOURCES: 2001/02
General Operating Revenue 1,386,060
General Revenue/County Coop 124,940
Special Development Fund 1,594,000
Road Millage 1,881,620
Penny for Pinellas 5,586,800
Transportation Impact Fees 290,000
Development Impact Fees 75,000
Local Option Gas Tax 1,750,000
Recreation Facility Impact Fees 245,000
Recreation Open Space Impact Fees 600,000
Recreation Land Impact Fees 400,000
Grants - Other Agencies 1,305,000
Private Donation 5,000,000
SELF SUPPORTING FUNDS:
Marine/Aviation Operating Revenue 470,000
Parking Operating Revenue 306,000
Utility System:
Water Revenue 674,500
Sewer Revenue 3,113,500
Water Impact Fees 220,000
Water R & R 2,108,000
Sewer Impact Fees 200,000
Sewer R. & R 1,484,000
Gas Revenue 2,517,990
Solid Waste Revenue 515,000
Recycling Revenue 225,000
Stormwater Utility Revenue 559,150
Stormwater Retention Revenue 84,060
Grants - Other Agencies 544,000
INTERNAL SERVICE FUNDS:
Garage Fund 165,410
Administrative Services 400,000
General Services 250,000
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 755,000
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Sewer 59,400
Lease Purchase - Water 29,400
Lease Purchase - Stormwater Utility
Bond Issue - Parking 1,500,000
Bond Issue - Stormwater 3,892,080
Bond Issue - Water & Sewer 17,631,830
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage Fund 2,676,800
Lease Purchase - General Services 30,000
Lease Purchase - Administrative Services 695,000
TOTAL ALL FUNDING SOURCES: $61,344,540
Ordinance #6843-01
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # /0
Meeting Date: 9120/01
SUBJECT/RECOMMENDATION:
Recognize budget line item savings totaling $241,620, and amend the fiscal year 2001/02 operating
budget at first quarter to establish a designated reserve in the same amount,
and that the appropriate officials be authorized to execute same.
SUMMARY:
• At the first public hearing on the fiscal year 2001/02 operating budget, the City Commission
identified $241,620 in line item reductions to the final adopted budget. These items are
identified below:
Legal Department professional fees $125,000
National Development Council 40,000
Clearwater Chamber of Commerce 9,700
National League of Cities 6,920
Phillies advertising 15,000
Planning consulting costs 45,000
241.620
• The City Commission's direction was to amend affected department budgets at first quarter
and allocate these savings to a designated reserve for a purpose "to be determined."
• The first quarter budget report will reflect the necessary amendments outlined above.
Reviewed by:
Legal NA Info Srvc NA_
Budget Public Works
Purchasing DCM/ACM
Risk Mgmt NA Other
Submitted by:
City Manager a 4 In V
Printed on reeveled naoer
Originating Dept:
User DE
Budget
Attachments
® None
Costs: NA
Total
Current FY
Funding Source:
CI
OP
Other
Appropriation Code:
IRnv 9/OR
2nd Reading
ORDINANCE NO. 6798-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WASTEWATER COLLECTION; REPEALING AND
RECREATING SECTION 32.189, CODE OF ORDINANCES,
REGULATING THE DISCHARGE OF GREASE BY CERTAIN
FOOD SERVICE FACILITIES INTO THE WASTEWATER
SYSTEM AND PROVIDING FOR ENFORCEMENT; CREATING
APPENDIX A, ARTICLE XXV, SECTION (6); PROVIDING FOR
FEES; PROVIDING AN EFFECTIVE DATE.
?l
WHEREAS, the City of Clearwater, Florida (Clearwater) recognizes the importance
of clean water and efficient wastewater disposal; and
WHEREAS, the City Commission of the City of Clearwater finds that the disposal of
grease into the wastewater collection system of Clearwater is a hindrance to and may
create a blockage of Clearwater's wastewater collection system and results in inefficient
wastewater disposal, thus creating a threat to the public health safety and welfare of the
citizens of Clearwater; and
WHEREAS, the City Commission of the City of Clearwater finds that food service
facilities generate large amounts of grease waste that, if improperly disposed, may create a
threat to the proper operation of Clearwater's wastewater system; and
WHEREAS, the regulation and monitoring of grease disposal by Clearwater of food
service facilities in Clearwater may decrease the likelihood of damage to Clearwater's
wastewater collection system and ultimately the wastewater treatment facility; now
therefore;
BE IT ORDAINED BY CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 32, Article V, Division 1, Section 32.189, Code of
Ordinances, is hereby repealed in its entirety and a new Chapter 32, Article V., Division
1, Section 32.189, Code of Ordinances is hereby created to read:
Sec. 32.189. Grease Prevention Program
(1) Definitions. Unless a provision of this section explicitly states otherwise, the
following terms and phrases, as used in this section, shall have the meanings herein
and shall be supplemental to Sec. 32.211(4).
(a) Administrator means Clearwater's Public Works Administrator or his or her
. designee.
(b) Food Service Facility means facilities that prepare and/or package food or
beverages for sale or consumption, on or off-site, with the exception of private
residences. Food service facilities shall include, but are not limited to: food
Ordinance No. 6798-01
manufacturers; food packagers; restaurants; grocery stores; bakeries; lounges;
hospitals; nursing homes; churches; and non-public schools.
(c) Grease Waste Interceptor means a containment tank designed to collect, contain
or remove food wastes and grease particles from the wastewater prior to
discharge into the wastewater collection system. Grease Waste Interceptor also
includes a grease waste interceptor that is a large containment box installed
underground, normally outside of the food service facility and smaller
containment boxes located within the food service facility that are undersink
grease waste interceptors.
(d) Grease Waste means waste removed from a grease waste interceptor at food
service facilities.
(e) Plumbing Official shall mean the building official or other City employee
designated by the City Manager and who administers and enforces the
provisions of the Standard Plumbing Code. The Plumbing Official shall enforce
the provisions of the Standard Plumbing Code within the boundaries of
Clearwater.
(2) Administration.
The Administrator shall administer, implement, and enforce the provisions of this section
(3) Grease Waste Interceptor General Requirements.
(a) The requirements in this section supplement those provided in the Standard
Plumbing Code, as adopted in § 32.134(1), Code of Ordinances, as amended
from time to time or as superceded by the Florida Legislature.
(b) Grease waste interceptors shall be required at all food service facilities in
Clearwater if grease waste is produced in quantities that could otherwise cause
line stoppage or hinder grease waste disposal as determined by. the
Administrator. All fixtures within such food service facility which may introduce
fats, oil or grease into the wastewater collection system must be connected
through the grease waste interceptor, including sinks, dishwashers, automatic
hood wash units, floor drains in food preparation and storage areas, and any
other fixture which is determined by the Administrator to be a source of fats, oil or
grease. In no case shall grease waste be introduced into the wastewater
collection system.
(i) Grease waste interceptor Installation
Grease waste interceptor location, design and sizing shall be based upon
the requirements found in Rule 64-6.013(8), Florida Administrative Code,
as amended from time to time, and the Standard Plumbing Code as
applied by the Plumbing Official.
2 Ordinance No. 6793-01
(ii) Existing food service facilities
Existing food service facilities that do not have a grease waste interceptor
shall install one and shall modify plumbing connections to accommodate
the grease waste interceptor to comply with this section and within 180
days from the effective date of this section, unless otherwise directed by
the Administrator in writing. Existing food service facilities that have a
grease waste interceptor and are not in compliance with this section shall
be required to upgrade or replace the existing grease waste interceptor
according to the requirements of this section.
(iii) New food service facilities
All new grease waste interceptors installed at food service facilities shall
be of the type and capacity specified by the Plumbing Official.
(c) The food service facility shall report pumping activities before the 10th day of the
following month to the Administrator on the form so designated by Clearwater for such
purposes.
(4) Grease Waste Interceptor Maintenance
(a) All food service facilities are required to utilize a grease waste hauler
permitted by Pinellas County, Florida to pump grease waste from the
grease waste interceptor.
(b) In-ground grease waste interceptors shall be monitored at a minimum
frequency of once for every 90 operational days to 'determine if the
standard is met. The schedule for monitoring shall be established by the
Administrator or designee. A registered food service facility may file a
request for an alternate pumping frequency with the Administrator or
designee. Based on the results of the monitoring report and the deviation
from the standard, if any, the Administrator or designee may adjust the
pumping frequency. If the standard is not met, an increased pumping
frequency shall be required. The standard that shall be utilized for
increased pumping frequencies is outlined in (4)(g) of this section.
(c) The Administrator may require that, at the food service facility's expense,
appropriate monitoring facilities, such as a control manhole, be installed.
Monitoring facilities must be safe and accessible at all times for
observation, inspection, sample collection and flow measurement of the
food service facility's discharge to the wastewater collection system in
accordance with the provisions of this section.
(d) Grease waste interceptor cleaning and maintenance shall include
pumping the grease waste interceptor until empty, and cleaning the side
walls, baffle walls, cross-pipes and inlet and outlet pipes. These pipes
shall be immediately restored to their original design configuration should
any damage occur. Covers on inlet and exit pipes shall be installed. The
grease waste interceptor area shall be maintained free and clear of debris
3 Ordinance No. 6798-01
and accessible to the Administrator.
are installed, all traps in the series
maintenance schedule.
If multiple grease waste interceptors
must be pumped according to the
(e) No emulsifiers, grease cutters or other chemicals, which could cause
grease to pass through the grease waste interceptor may be used in the
maintenance of a grease waste interceptor or its drain lines. A live
bacterial product, which does not contain any enzymes, surfactants,
emulsifiers, or substances that act as solvents for fat and does not affect
the wastewater collection system may be used in the cleaning and
maintenance, upon approval by the Administrator and based on
formulation and operational criteria such as Material Safety Data Sheets.
(f) Decanting or backflushing of grease waste is prohibited unless the grease
waste hauler's trucks are specifically designed for this purpose. The trucks
must be inspected, and their discharge sampled. The sampling shall be
analyzed by Clearwater at the hauler's expense and shall meet the
following parameters: BOD < 250 mg/I, TSS < 50 mg/I, and Oil and
Grease < 35 mg/I.
(g) In-ground grease waste interceptors shall be pumped at a frequency that
maintains a grease and oil layer of less than 6 inches on top of the grease
waste interceptor and a solids layer of less than 8 inches on bottom of the
grease waste interceptor.. The measurement point for determination of the
grease and solids layer shall be adjacent to the outlet pipe.
(h) The location of the grease waste interceptor shall be kept clear of debris
and maintained for access for inspection by Clearwater and maintenance
as provided by this section. Blocking or covering the access to manways
is prohibited, and manholes shall be maintained at least to finish grade
and will be maintained to prevent inflow.
(i) Undersink grease waste interceptors shall be cleaned at a minimum of
once per week, or more often as necessary to prevent pass-through of
grease and other food solids into the wastewater collection system.
(j) The food service facility shall be responsible for opening access covers or
manhole covers to the grease waste interceptor for inspection by
Clearwater. If a problem is discovered, the food service facility manager
shall notify the Administrator. A maintenance response to the
Administrator by the manager of the food service facility is required within
5 days of the discovery.
4 Ordinance No. 6798-01
(5) Food Service Facility Identification
(a) It is unlawful for any food service facility producing grease waste to
discharge grease waste into Clearwater's wastewater collection system
without authorization from the Administrator.
(i) Authorization shall be given in the form of a grease waste
registration certificate. Application for a grease waste registration
certificate shall be made to the Administrator. If, after examining
the information contained in the application, the Administrator
determines that the proposed food service facility does comply with
the provisions of this section, a grease waste registration certificate
shall be issued allowing the discharge of grease waste into
Clearwater's wastewater collection system. If the Administrator
denies a food service facility's application for a grease waste
registration certificate, the owner of the food service facility may
appeal the Administrator's decision to the City Manager. To ripen
the appeal, the owner of the food service facility must submit a
written request to the City Manager stating the grounds for the
appeal. The City Manager's determination shall be final.
(ii) Each grease waste registration certificate shall be issued for a five
years period commencing from the date of the issuance.
(iii) The food service facility shall apply for grease waste registration
certificate re-issuance a minimum of 60 days prior to the expiration
of the food service facility's existing grease waste registration
certificate.
(iv) The term and conditions of the grease waste registration certificate
may be subject to modification by Clearwater during the term of the
grease waste registration certificate as limitations or requirements
as identified in this section are modified or other just causes exist.
(v) The food service facility shall be informed of any proposed changes
in the issued grease waste registration certificate at least 60 days
prior to the effective date of the changes. Any changes or new
conditions in the grease waste registration certificate shall include a
reasonable schedule for compliance.
(vi) As condition precedent to the granting of a grease waste
registration certificate, the recipient under this paragraph shall
agree to hold harmless Clearwater and Clearwater's officers and
employees from any liabilities arising from the recipient's operations
under the grease waste registration certificate.
5 Ordinance No. 6798-01
(6) Grease waste interceptor monitoring and reporting
(a) Pumpage from a grease waste interceptor shall be tracked by a
manifest that confirms pumping, hauling and disposal of waste. The
manifest shall contain the following information:
Grease waste interceptor information:
-Name
-Contact Person
-Address
-Telephone Number
-Volume Pumped
-Date and Time of pumping
-Name and Signature of food service
food service facility information.
facility manger verifying the
Grease waste hauler information:
-Company Name
-Address
-Telephone number
-Volume Pumped
-Date and Time of pumping
-Driver Name and Signature of grease waste hauler verifying
grease waste hauler information and service.
Destination Information Disposal Site or Facilities:
-Company Name / Permit Number(s)
-Contact Person(s)
-Address
-Telephone Number
-Location of Disposal Site / Facility
-Volume Treated
-Date and Time of Delivery
-Driver Name, Signature of operator verifying disposal site and
facility information.
(b) A log of pumping activities shall be maintained by the food service
facility manager for the previous 12 months. The log of pumping
activities shall be posted in a conspicuous location for immediate
access by Clearwater personnel. The log shall include the date, time,
volume pumped, grease waste hauler's name and license number and
grease waste hauler's signature. The date, time and the company
providing the service of all grease waste interceptor maintenance
activities shall be logged in a bound logbook that shall be made
available for review by Clearwater
6
Ordinance No. 6798-01
(c) The food service facility shall maintain a file on site of the records and
other documents pertaining to the facility's grease waste interceptor.
The file contents shall include, but is not limited to, the record, as-built
drawings, record of inspections, log of pumping activities and receipts,
log of maintenance, and the file shall be available at all times for
inspection and review by the Administrator. Documents in the file shall
be retained and preserved in accordance with Clearwater's public
records retention policy.
(7) Penalty for Violation of Section
Any violation of this section shall be enforced pursuant to Code of Ordinances section
1.12.
Section 2. Appendix A, Article XXV, Section (6) is created to read:
(6) Food Service Facility Grease Waste Interceptor Monitoring Fee
There is hereby created a food service facility grease waste interceptor monitoring fee.
The fee shall be based on cost recovery for Clearwater's food service facility grease
waste interceptor monitoring activities as found in § 32.189, Code of Ordinances, and
shall not be limited to, the cost of field, administration, engineering and clerical
expenses involved. The fees shall be applied to the food service facility's monthly water
and sewer service bill and shall be paid in accordance with the terms and schedule set
forth in the billing document.
Food Service Facility Grease Waste Interceptor Monitoring Fee $10.00 per month.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
#he C. Hayman
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
7 Ordinance No. 6798-01
2nd Reading
ORDINANCE NO. 6835-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES, SECTION 4-206(E), NOTICES AND PUBLIC
HEARINGS, BY AMENDING THE NOTICE REQUIREMENTS
FOR CONTINUANCES; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-608, NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, BY REQUIRING PETITIONS TO BE SUBMITTED TO
THE COMMUNITY DEVELOPMENT COORDINATOR INSTEAD
OF THE CITY CLERK; BY ALLOWING UP TO FOUR
ALTERNATES TO SERVE ON A NEIGHBORHOOD
CONSERVATION DISTRICT STUDY COMMITTEE; BY ADDING
A REQUIREMENT THAT NEIGHBORHOODS ARE REQUIRED
TO CONDUCT A VOTE, AT THEIR EXPENSE, REGARDING
EACH -PROPOSED DEVELOPMENT STANDARD PROPOSED
IN THE NEIGHBORHOOD CONSERVATION DISTRICT; BY
REQUIRING ANY TEXT AMENDMENTS MADE AS A RESULT
OF THE CREATION OF A NEIGHBORHOOD CONSERVATION
DISTRICT TO BE CONSIDERED PURSUANT TO THE
PROVISIONS OF SECTION 4-601; BY ESTABLISHING A
PROCEDURE FOR AMENDING ANY DEVELOPMENT
STANDARD IN A NEIGHBORHOOD CONSERVATION DISTRICT
OR ELIMINATING A NEIGHBORHOOD CONSERVATION
DISTRICT IN ITS . ENTIRETY; AMENDING ARTICLE 4,
DEVELOPMENT REVIEW AND OTHER PROCEDURES,
SECTION 4-1402, ALLOCATED DEVELOPMENT RIGHTS ARE
FREELY TRANSFERABLE, BY ELIMINATING THE
PERCENTAGE OF DEVELOPMENT RIGHTS THAT MAY BE
TRANSFERRED FROM A SITE; PROVIDING AN EFFECTIVE
DATE.
/z
WHEREAS the City of Clearwater has conducted an in-depth review of the public
hearing notice requirements, the neighborhood conservation overlay district provisions and
the transfer of development rights provisions and determined that existing regulations need
to be amended; and
WHEREAS, it is very costly to the City of Clearwater to provide certain notices for
public hearings that are continued to a date certain;
WHEREAS, it is necessary to provide the City Commission with information.
regarding neighborhood support of each proposed development standard of a
neighborhood conservation district; and
Ordinance No. 6835 -01
WHEREAS, it is necessary to have
standards of a neighborhood conservation
conservation district; and
a procedure for amending the development
district or even eliminate a neighborhood
WHEREAS, to be more consistent with the Rules Concerning the Administration of
the Countywide Future Land Use Plan, As Amended with regard to transfer of development
rights; and
WHEREAS, the Clearwater Community Development Board, pursuant to its
responsibilities as the Local Planning Agency, has reviewed these amendments,
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 Clearwater City Commission has fully considered the
recommendation of the Community Development Board and testimony submitted at its
public hearing; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 4, Development Review and Other Procedures, Section 4-
206(E), Notices and Public Hearings is hereby amended as follows:
E. Continuances. A hearing may be continued to a specified date, time and place.
The city clerk shall cause notice to be given to all persons originally entitled to
notice, of the date, time and place of such continued hearing in`-the-sa+e no less
than seven days prior to such hearing and in the manner as specified in sections
4- 96 ) 4-206 CZ2)(b), (c) and (d).
Section 2. Article 4, Development Review and Other Procedures, Section 4-
608, Neighborhood Conservation Overlay District is hereby revised as follows:
Section 4-608. Neighborhood Conservation Overlay District.
D. Designation process.
1. The process for the designation of a particular area as a neighborhood
conservation district shall be commenced by a pre-application conference
with the community development coordinator and initiated by a petition
signed by the owners of 60 percent of the real property within the area
proposed for designation as a neighborhood conservation district which
shall be fled with the si#ysleFk community development coordinator.
2
Ordinance No. 6836-01
2. Within 30 days after receipt of a petition, the city manager shall submit a
written recommendation as to whether the neighborhood conservation
district designation process should be commenced for the area proposed
for designation. If the city manager recommended that the commission
commence the neighborhood conservation district designation process,
the city manager shall include the nomination of 11 persons to serve as a
neighborhood conservation study committee for the area proposed for
designation with the recommendation. If the city manager recommends
that the designation not be commenced, the city manager shall specify the
reasons for his recommendation.
3. Upon receipt of the recommendation of the city manager, the city
commission shall consider the petition at a public meeting and determine
whether to commence the neighborhood conservation district designation
process for the area proposed for designation and shall appoint a
neighborhood conservation study committee made up of a chairman and
six members selected from the persons nominated by the city manager.
The study committee may also include a maximum of four (4) alternate
committee members.
4. When a neighborhood conservation study committee is appointed, the city
manager shall initiate a 90-day special area planning process for the area
proposed for designation. The study committee shall serve as an advisory
body during the special area planning process and shall hold at least four
public meetings during the process. The city manager shall provide staff
assistance to the study committee and the study committee shall approve
a special area plan including the goals, policies and objectives for the
proposed neighborhood conservation district, a specification of the
provisions of this development code which would otherwise be applicable
which should be modified for the proposed neighborhood conservation
district and a specification of additional development standards which are
necessary and appropriate to protect the health, safety and welfare of the
proposed neighborhood conservation district. The owners of real property
within the proposed neighborhood conservation district shall vote on each
development standard proposed to be included in the neighborhood
conservation district. The format of the ballot and method of voting shall
be approved by the Community Development Coordinator. The results of
the vote shall be provided to the Community Development Board and the
City Commission to be considered when reviewing the proposed
development standards. Each development standard forwarded for
consideration shall have the support of at least fifth-one (51) percent of
3 Ordinance No. 6835-01
F`A
the votes cast. Any costs associated with the conduct of such election
shall be aid by the neighborhood.
5. Upon completion of a special area plan for a proposed neighborhood
conservation district, the city manager shall prepare amendments to the
comprehensive plan and a neighborhood conservation overlay district
which are necessary and appropriate to implement the special area plan
for the proposed neighborhood conservation district.
6. The proposed comprehensive plan amendment, if any, and the proposed
neighborhood conservation overlay district shall be considered by the city
according to the requirements of section 4-603 of this development code
for comprehensive plan amendments, section 4-601 for text amendments
to the Community Development Code and section 4-602 for amendments
to the zoning atlas.
7. In the event a neighborhood wants to amend the development standards
established in a neighborhood conservation district or eliminate the
neighborhood conservation district, a petition signed by the owners of
sixty (60) percent of the real property within the neighborhood
conservation district shall be submitted to the Community Development
Coordinator. Along with the petitions, the neighborhood shall also submit
the purpose of the amendment(s) and reason(s) why a neighborhood
conservation district should be revised or eliminated. Within 30 days after
receipt of such petition and explanation, the city manager shall submit a
written recommendation to the commission as to whether the
neighborhood conservation district amendment or elimination process
should be commenced. Upon receipt of the recommendation of the city
manager, the city commission shall consider the petition at a public
meeting and determine whether to commence the amendment or
elimination process. The amendment or deletion of the overlay district
shall follow the same process and notice requirements as the original
adoption.
**********
Section 3. Article 4, Development Review and Other Procedures, Section.4-
1402, Allocated development rights are freely transferable, is hereby amended as
follows:
Development rights of a previously developed
site may be transferred to any site at any time, to the same extent and in the same
manner as any other interest in real property provided that the density and/or intensity
of the receiving site is not exceeded by 20 percent of the development potential of the
4 Ordinance No. 6835-01
site prior to the transfer. The transfer shall be in the form of a special warranty deed
which shall specify the amount of transferable development rights which are being
conveyed or sold and the real property from which the rights are transferred. The
special warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian. J. Aungst
Mayor-Commissioner
Approved as to form:
Leslie.K. Dougall ' des
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
5 Ordinance No. 6835-01
09/20/2001 15:28 72756245 76 PLAN
ZGr-au lol 19: , h-Xum:PPC 727-464-8212 T0:7275624576
PINELLAS PLANNING COUNCIL
September 20, 2001
Mr, William Horne, City M1sx m
City of Clearwater
112 South Osceola Avenue
Clet rwate r, Florida 33756
PAGE 02
PAGEr01-*03
Mayor Tom Do Comm. Chm,
vice-Mayor Nadine S. Nickeson, Vice Chrn.
CouncOn,w ac Chuck WIIIImnm, 'Tracts.
Gomr'rliualonel Janet MandKaon, Sec,
Mayor Franc DiDonsty, o.c.
Mayor Robert DINIcoin
CouncilM*mber 8111 Footer
School 003rd Mornbor Max R. Owmonar
Commisslonor Calvin 0. Nvrria
Comntlaialoner Ed Nast
Maya Robert Jackeon
Mayor Wdlism 13. Smith
CouncilMOMbet David T11k4
David P Healey, AICP
astocutlvo 01(401or
.1 have reviewed the City's proposed Ordinance No. 6835-01, a copy of which was provided
to me at our meeting on Monday, September 17, 2001.
The subject ordinance contains three main provisions identified and reviewed for consistency
with the Countywide Plan Rules as follows:
1. Thee proposed amendment to Article 4, Development Review and Other
Procedures, Section 4-206(E) relating to notices and public hearings is strictly a
local matter not governed by the consistency criteria of the Countywide Rules, and
therefore there is no issue with respect to the consistency of this provision.
2. The proposed nmendnwnt to Section 4-608 relating to the Neighborhood
Conservation Overlay District is a supplemental local regulatory tool that does not
conflict with the consistency criteria of the Countywide Rules. and therefore there
is no issue with respect to the consistency of this provision.
3. The proposed amendd rwnt to Article 4, Development Review and Other Procedures,
Section 4-1402, relaying to mmsferable development rights is subject to the
consistency criteria of the Countywide Rulcs, nnd, as to the arnendrn®nt im1f, is
consistent with the Rules.
This change to your transfer of development rights provision merely deletes the
current limitation in the City Code that provided for a maximum of 20 percent of the
development rights to be transferred from a sending parcel. There is not, and has never
been, such a corresporxEng tirnitadon in the Countywide Rules. This was a linyitlation
the City imposed on itself and it may be. removed without affecting consistency with
tha Countywide Rules.
600 CLEVELAND STREET, SUITE 850 - CLEARWATER, FLOAIOA 33755.4160
TELEPHONE (727) 464-8250 - FAX (727) 464-8212
WWW. ca,plnollas.fl,us/ppc
09/20/2031 15:28 7275624576 HLAN
., i•Loii.rr`. (27-464-8212 T0:7275624576
rAUL e J
PAGE: 02,,03
'While the amendment under oonsidcration is not an issue, there remains a significant potential
for inconsistent interpretation as between the existing transfer of development provisions set
forth in Division 14 of the City Code and Section 4,2.7,2 of the Countywide Rules,
SpecificaDy. Section 14. Transfer of Development Rights in the City Code does not limit
either the transfer from an existing developed site, or the permitted 20 percent increase to tfie
receiving site, to a designated redevelopment area pursuant to an approved redevelopment
plan.
Please consider how we goc to :his point:
• The inconsistency noted above was identified in our correspondence with the City
dated February 3, 2000 with respect to the Chcczem project and April 20, 2000 at
the time we reviewe=r Ordinance No. 6526-00. As referenced in the February 3 and
April 20, 2000 correspondence, we identified the inconsistency and agreed to work
with the City to resolve this issue.
• As a result, and with the concurrence of the City, the Countywide Rules were
amended in September, 2000 to specifically allow for the 20 percent in=ase in
density and to transfer tensity from an existing developed site - pr vidGd such
d-r v to c t the au fa
txansf? Qgogmd- within
rcdeye!=tV d by both the Cif! nit
the Couttt !i . PI S
9:t?ti1141?•
• Further, the At rrcu? Petwexn Qty 4I QJeaTwa Gr.'Lori Pinellas County
Cop.nty dde flatvu ApthDr y dealing with the Cheezem project dated Febnwry
23, 2001 asserted that die City's transfer of development rights were stall not
consistent with the Countywide Rules and stipulated that they would be made
consistent.
The City has not made the corresponding amendmenr to track with the amended
Countywide Rules and the change proposed in Ordinance No. 6835-01 now under
consideration does nothing to a.ddmss this remaining inconsistency.
May r also suggest two points of clarification we discussed at our meeting on Monday that
appear to be understood by our respective staffs. but would be well to include in the City
Code provisions dealing with transfer of development rights to avoid any future
rnisinterpretaticm. The two suggestions are as follows:.
1. Specify that the 20 percent increase in density allowed for a "receiving" site is
based on and applied to the maximum permitted density/intensity of the plan
category in which the site is located. In other words. the 20 percent cannot be
applied to a site that is now nonconfomvng as to density/intensity so as to ever
exceed perm'ttcd density/intensity by more than 20 percent: and
UtW& *2UUI 15:18 /1%56245 7b PLAN
SEP-20 01 14:3B FRCM: PPC 727-464-8212 TO: 7275624576
PAGE 04
PAGE! 03/03
2. Specify that the allocation of any trtttlsfer of dewlty/intensity shall be in proportion
to the one or =am uses involved, such that no "sending" parcel would be rendered
nonconforrning w to density/intensity and that any transfer involving die
combination of rnore than one use will be calcul=d on the basis of the area
required and dewitylintensity perrnittcd in proportion to mch such use. In other
wads, the sane property will not be double-counted on the basis of distinct uses
and will be allots W in proportion to the rospective uses involved.
In summary, U=e is no objection to. or consistency issue with, the Adopdon of Ordinance No.
6835-01 in relationship to the Countywide Rules. There will remain bowever, an imponwt
potcntial inconsistency between the City's transfer of development righm provisions as
contairud in Section 14 or the City Code and the Countywide Rules that I would respectfully
urge the City to dress at the earliest possible date.
1 am available to work with your staff and the City Commissiorn to address the Issues and
suggestions identified above.
lbank you for the oppocRWty to co=wnt on behalf of the Planning Council and for your
consideration of our input.
Sincerely,
David P, ?{ea]ey, A?ICP
Executive Director
Cc: Conunissioner Ed HaM Pinellas Planning Council Repmentative
Rats. Cyndi Tarmpani., Planning Director
i: /,;Z,
GENERAL PROVISIONS OF CITY CODE RELATED TO CONSTRUCTION
Site Development Issues-Community Development Code
1. Prohibition against creating a nonconforming lot (Article 6, Nonconformity
Provisions)
2. Prohibition against creating nonconforming use, such as nonconforming due
to density or FAR. (Article 6, Nonconformity Provisions)
3. Prohibition against creating a nonconforming structure. (Article 6,
Nonconformity Provisions)
4. Requirement to maintain site according to approved site plan-includes
stormwater, landscaping and irrigation system, parking and signs (Section 3-
917).
5. Requirement to maintain property and buildings (Property Maintenance
Standards, Division 15 of Article 3)
Building Issues-Building Code and Housing Code
1. Requirements to comply with Building Code for construction methods, materials,
etc. (Chapter 47, City Code)
2. Requirements to maintain property in compliance with Housing Code (Chapter
49, City Code)
3. Requirements to prevent Flood Damage. (Chapter 51, City Code)
Prepared by Cyndi Tarapani
Planning Department
September 20, 2001
2nd Reading
ORDINANCE NO. 6840-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WATER SHORTAGES; AMENDING SECTION
32.151, CODE OF ORDINANCES, TO DELETE A CERTAIN
DEFINITION NO LONGER NECESSARY; REPEALING SECTION
32.153, RELATING TO THE DECLARATION OF A WATER
SHORTAGE; AMENDING SECTION 32.154, TO PROVIDE FOR
FINES. AND FINE COLLECTION FOR VIOLATION OF WATER
USE RESTRICTIONS AND PROVIDING FOR APPEAL;
REPEALING SECTION 32.155, HARMONIZING THE SCHEDULE
OF FINES FOR CASES IN WHICH A NOTICE TO APPEAR IS
ISSUED WITH THE PINELLAS COUNTY UNIFORM FINE
SCHEDULE, AS AMENDED FROM TIME TO TIME; PROVIDING
AN EFFECTIVE DATE.
/3
WHEREAS, a Phase III, water shortage emergency remains in the City of
.Clearwater (Clearwater) and the surrounding area; the water shortage was first declared by
the Executive Director of Southwest Water Management District when he issued an
emergency final order, Executive Director Order No. SWF 01-14 on March 21, 2001, and
that Order remains in effect; and
WHEREAS, the Clearwater City Commission did respond by adopting Clearwater
Emergency Ordinance No. 6797-01 on April 5, 2001 finding and declaring that an
emergency water shortage existed which affects both the public and private welfare and
that increased compliance and enhanced enforcement of existing water restrictions may
alleviate such emergency water shortage; and
WHEREAS, the Clearwater City Commission finds that the enforcement procedures
in Clearwater Emergency Ordinance No. 6797 were and are effective means of achieving
compliance with the water shortage expectations of Executive Director Order No. SWF 01-
14 as well as enhancing the public and private health safety and welfare of the citizens of
Clearwater as a whole; and
WHEREAS, Clearwater Emergency Ordinance No. 6797-01 repealed conflicting
sections of the Clearwater Code and these repealed provisions should remain repealed
while this ordinance is in effect; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.151, Code of Ordinances, is amended as follows:
Sec. 32.151 Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Ordinance No. 6840-01
Water leneas--GI}apter 40D-21, Florida Adr";n istFaWe Cede, the
GGdif4GatiG_R, -01f e?n?ater-sfaartaQ e-fafl-a-e ? published by the diStFiGt and
, r-ay
me +ve- theFeGf Whi e a wEateF
shGFtage GeRGlitiG R e + ea?-d-ef
t -e tTh
I - d vi
Section 2. Section 32.153, Declaration of water shortage condition or emergency
by water management district or by Pinellas County; enforcement; penalties, Code of
Ordinances, is hereby repealed in its entirety.
Section 3. Section 32.154, Code of Ordinances, is amended as follows:
Sec. 32.154 Enforcement of division.
Every police officer of the city in addition to all other duties imposed by law,
diligently enforce the provisions of this division. In addition, the city manager may
delegate the authority to designated code enforcement officers of the city to issue
warnings, citations/notices to appear in County Court to persons in violation of this
division pursuant to section 1.12(3)- or to enforce the provisions of this division through
citation to the municipal code enforcement board pursuant to section 1.12(2) or Article
VII of the land development code. When notices to appear are issued to County Court
pursuant to this Division, violators of any provision of this division shall be subiect to the
imposition of fines as set forth in the Pinellas County Uniform Fine Schedule as adopted
by Administrative Order of County Court No. PI-CTY-99-4 of the Countv Court, as
amended from time to time.
(2) As an alternative method of enforcement, a code enforcement officer or a
police officer shall on first occurrence of failure to comply with the water restrictions taq
the violatinq property_ with a warning. Upon finding of a second or subsequent violation,
the utility customer of record! residing in or responsible for the water and sewer bill at the
tagged property shall be fined $100. Such fine amounts will be billed to the utility
customer of record by the Customer Service department. Any utility customer of record
aggrieved by the imposition of the fine on such customer shall have the right of appeal
to the city manager or his designee. Such appeal shall be ripened by filing a written
statement with the city clerk within ten days after the mailing of the bill on which the fine
is imposed. The written statement shall set forth the grounds for such appeal. The city
clerk shall notes the city manager or his designee who shall schedule a hearing and
shall give notice of such hearing to the appealing utility customer of record. The
decision and order of the city manager or his designee shall be final and conclusive.
This fine process shall not preclude alternative citation in county court or to the
municipal code enforcement board.
The provisions of this division shall be enforced within the city and, to the
extent permitted by law, within the water service area of the city outside the corporate
limits of the city.
2 .Ordinance No. 6840-01
Section 4. Section 32.155, Penalties for violation of division, Code of
Ordinances, is hereby repealed in its entirety.
Section 5. This ordinance shall take effect immediately upon adoption and
remain in effect as long as the Phase III water shortage emergency declared by
Executive Director Order No. SWF 01-14 exists in the Clearwater.
PASSED ON FIRST READING
September 6, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
ne C. Hayman
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
3 Ordinance No. 6840-01
2nd Reading
ORDINANCE NO. 6857-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO PURCHASING; AMENDING SECTIONS
2.561,2.562 AND 2.564 ADJUSTING THE DOLLAR
THRESHOLDS FOR THE CITY OF CLEARWATER'S
PURCHASING PROCEDURES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, purchasing thresholds have accelerated among the
governments similar to the City of Clearwater, Florida; and
WHEREAS, the City of Clearwater, Florida wishes to remain competitive
in the marketplace for the purchase of goods and services required for City
operations; and
WHEREAS, the City of Clearwater, Florida wishes to remain prudent and
efficient with the expenditure of its public funds; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Sections 2.546, 2.561, 2.562, and 2.564 of the Code of
Ordinances, City of Clearwater, Florida, is hereby amended to read as follows:
Section 2.546. Purchase orders or contracts to be used.
Purchases of commodities and services shall be made only by purchase
orders and/or other written contract executed by the purchasing agent. Except
as otherwise provided in this division, no purchase order shall be issued unless
the prior approval of the city manager has been obtained. The purchase order
authorizing the expenditure of funds shall be signed by the purchasing agent.
Construction contracts exceeding $50,000 $ 5,NG shall be made by both
purchase order and written contract.
Section. 2.561.
Purchases over $50,000 $25-040.
Except as otherwise provided in this division, the purchase of commodities or
services of an estimated value over $50,000 $2;000 shall be by purchase order
and/or other written contract with the vendor submitting the lowest responsible
bid whose bid has been solicited, received and approved, pursuant to the
following procedures:
1) Notice inviting bids. Notices inviting bids shall be published at least one time
in a newspaper of general circulation within the city and shall include a
general description of the commodities or services to be purchased, a
l?L
Ordinance No. 0887.01
calendar.days before the bid opening date. Sealed bids shall also be solicited
from responsible prospective vendors including those on the registered
vendor's list,
(2) Security (bid bonds). When the estimated cost of a public works contract is
$150,000 $100,000 or higher, or when otherwise deemed necessary by the
city manager, security in the form of a bid bond issued by a surety company
licensed to do business in Florida or a cash bond in an amount equal to ten
percent of the bid shall be prescribed in the public notices inviting bids. A
vendor shall forfeit a bid security upon a refusal or failure to execute the
contract within ten days after the notice of award of contract has been mailed,
unless the city is solely responsible for the delay in executing the contract.
The, city commission may, upon the refusal or failure of the successful vendor
to execute the contract, award the contract to the next lowest vendor. In such
event, the amount of the lowest vendor's bid security shall be applied by the
city to the contract price differential between the lowest bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(3) Bid opening procedures. Sealed written bids shall be returned to the city and
identified as bids on the envelope, together with other information as may be
specified in the invitation to bid. Bids shall be opened in public on the date
and at the time and place stated in the public notices. A tabulation of all bids
received shall be made available to the public.
(4) Rejection of bids. The city manager may:
(a) Reject all bids; or.
(b) Reject all bids and re-advertise for bids, pursuant to the procedure
prescribed in this section.
(c) Reject all bids and direct that the project or service in question be
performed by city forces upon determining that the project or service can
be timely performed for an amount less than each of the bids submitted.
(5) Award of contracts. Contracts exceeding $50,000 $26,GQQ shall be awarded
by the city. commission to the lowest responsible vendor. Contracts of
$50,000 or less may be awarded by the city manager, assistant city manager
and may be further delegated to the purchasing manager.
(6) Performance and payment bonds. A performance bond and a payment bond,
or a "contract bond" combining the elements of a performance and a payment
bond, issued by a surety company licensed to do business in Florida, may be
required before.entering into a contract, in an amount at least equal to the
contract price or such higher amount as may be found reasonably necessary
to protect the best interests of the city. If such bond is required, the form and
amount of the bond shall be described in the notice inviting bids.
2 Ordinance No. 6857-01
(7) Change orders. Any change in the contract price, scope of work or time for
completion of any project following the award of a contract shall be by a
written change order, approved by the city commission and executed with the
same formalities as the contract. However, the city manager may approve
and execute change orders without city commission approval subject to the
following limitations:
(a) Contract price increases- may be approved to a total award of $50,000
for any contract with the same approval authority as (5) above. The
ci manager may approve any increase of contract up to a maximum
of 10% over the most recent award of the city commission. The scope
of any protect may not be changed without prior approval of the city_
commission. e
sew ,
GUMUlatively f9F the same . No contract price increase shall be
approved unless there are sufficient funds available for such purpose.
(b) Contract price decreases may be approved without limitation.
(c) The time for completion may not be extended by more than 60 days, in
any one change or cumulatively for the same project, beyond the most
recent commission-approved contract completion time.
(d) No change order shall change the scope of the work unless approved
by the city commission.
Section 2.562. Purchases for $50,000 $2,5,000 or less.
Except as otherwise provided in this division, purchases of commodities or
services of a value of $50,000 $25,000 or less, may be made in the open
market, pursuant to the following procedure and without observing the procedure
prescribed in section 2.561:
(1) Minimum number of quotations. Open market purchases shall be based on at
least three quotations and shall be awarded to the vendor making the lowest
responsible quote.
(2) Notice inviting quotations. Quotations shall be solicited either by written
request, which may include facsimile transmission, electronic mail or by
telephone.
(3) Seated written quotations. Sealed written quotations received in response to
written solicitations for quotations shall be submitted to the purchasing agent
who shall keep a record of all open market orders and quotes.
3 Ordinance No. 6857-01
(4) Written quotation opening procedures. When formal written quotations are
requested and received, the quotations shall be opened in public at the time
and place designated by the purchasing agent.
5) Rejection of quotations. The city manager as purchasing agent may:
(a) Reject all quotations; or
(b) Reject all quotations and re-obtain quotations pursuant to the procedures
prescribed in this subdivision.
(6) Award of contracts. Except as otherwise provided in this division, each
contract shall be awarded to the lowest responsible vendor.
Section 2.564. Exceptions to bid procedures.
(1) The bidding requirements set forth in this subdivision may be waived
when one of the following conditions exists:
(a) A department director certifies via electronic coordination of the purchase
requisition describing to the purchasing agent that an emergency exists in
regard to the purchase of any commodity or service and that the delay
incident to giving opportunity for competitive bidding would be detrimental to
the interest of the city. The responsible department director shall provide a
detailed summary outlining the facts demonstrating the existence of an
emergency. Upon determining that an emergency exists the purchasing agent
may authorize the purchase. Emergency purchases that exceed the
purchasing agent's authority must be approved by the city commission at the
earliest regular or special public meeting thereafter.
(b) Commodities or services are available only from a sole source, after
determination by the purchasing agent upon review of written summary of
facts from the department director requesting the purchase.
(c) The amount of the purchase is $2,500 $-1988 or less.
(d) It is to the advantage of the city to purchase commodities or services in
cooperation with another governmental entity in Florida-or to purchase
commodities or services from contracts previously awarded by other
governmental entities as recommended by the department director or
designee.
(e) The purchasing agent determines that the nature of the commodity or service
is such that competitive bidding is impossible, impractical, or cannot be
obtained as recommended by the requesting department director.
4 Ordinance No. 6857-01
(f) Professional services subject to the Florida Consultants Competitive
Negotiations Act.
(g) Services rendered by health services including mental health; legal services
including paralegal, expert witness, appraisal or mediator servicesi auditors;
academic and lecturers; or services provided by persons with mental or
physical disabilities under not-for-profit corporations.
(h) Commodities or services purchased by the city or its representatives when
necessary to the prosecution or defense of any claim or lawsuit in which the
city is a party or in which it is anticipated by the city attorney, the risk
manager, or the third party administrator of the city's self-insurance program
that the city will become a party.
(i) Commodities or services purchased by the city or its representatives when
necessary to comply with Chapter 440, Florida Statutes (Florida Worker's
Compensation Law), or when necessary to the defense of any worker's
compensation claim asserted against the city.
0) Contracts of insurance.
(k) Purchase of construction materials included in the scope of an awarded '
construction contract in order to realize sales tax savings, in accordance with
Section 212.08(6), F.S.
(1) Purchasing bid/quotation requirements may be suspended for a period (to be
determined by the emergency condition) upon declaration of emergency by
the city manager. Awards of contract may be delegated in writing to any
designee in the amount not to exceed $50,000.
(2) Purchases over 50000 $2;900 made pursuant to this section shall be
submitted to the city commission for approval.
5 Ordinance No. 5857-01
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING September 6, 2001
PASSED ON SECOND AND FINAL _
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form: Attest:
C. Hayman Cynthia E. Goudeau
'ss?istant City Attorney City Clerk
A
6 Ordinance No. 6857-01
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Surplus for September 20, 2001
MILEAGE/ REASON FOR
ITEM -NUMBE YEAR DESCRIPTION SERIAL NUMBER HOURS SURPLUS / DISPOSAL
1 G0062 85 CHEVY VAN 30 1GCFG35N7F7174644 37,947 Obsolete Prisoner Transport
2 G0068 86 DIXIE TRAILER 105FB1001GP051164 N/A Needs new floor
3 G0184 94 Ford Crown Victoria Pursuit 2FALP71 W8AX204117 93,972 Age/Condition
4 G0220 93 Ford Crown Victoria Pursuit 2FACP71 W6PX179361 109,780 Age/Condition
5 G0223 87 Chev crew cab Pickup 1GCGR23K8HS160009 73,540 Body damage, overall poor
6 G0317 87 F250 PICK UP 1 FTFF25N6HNA98491 44,774 Mechanically poor overall
7 G0455 92 F250 PICK UP 1FTHF25H4NNA87892 108,108 Age/Condition
8 G0479 92 Ford Ranger Pickup 1 FTCR10X9NTA71998 128,432 Age/Condition
9 G0566 88 AME Roto Tiller attachment B337130 N/A Bad gearbox
10 G0759 89 Chev C series dump truck 1GBJ7D1 B2KV100487 54,343 bad brakes and dump body
11 G0871 92 GMC PICK UP 4x4 S 15 1GTCT14Z6N8520568 94,710 bad suspension and steering
12 G0937 94 FORD CLUB WAGON 1 FMEE11 N6RHB65181 100875 Age/Condition
13 G1017 93 Kubota 1017 loader/backhoe 68830 N/A numerous hydraulic problems
14 G1030 92 Ford Ranger Pickup 1 FTCR14X6NTA72005 103,967 Age/Condition
15, G1031 92 Ford Ranger Pickup 1 FTCR14X6NTA72004 103967 Age/Condition
16 G1043 92 CHEVY VAN 30 2GCFG35ZXN4150643 98,265 Age/Condition
17 G1044 92 F350 UTILITY BODY w/gate 1FDJF37H5NNA87898 123,191 Age/Condition
18 G1114 92 Ford Ranger Pickup 1 FTCR10X3NTA72001 97,030 Accident Damaged
19 G1115 92 F150 PICK UP 1 FTEF15Y6NNA87888 103,635 Age/Condition
20 G1170 79 GMC General truck tractor T49EC9V613309 201266 Bad trans/engine problems
21, G1364 89 GMC PICK UP S 15 1GTCS14E3K2543580 63,329 overall poor condition
22 G1476 95 Ford Crown Victoria Pursuit 2FALP71 W3SX152269 113,012 Age/Condition
23 G1510 95 E150 FORD VAN i FTEE14Y5SHB68055 112,504 Age/Condition
24 G1634 96 Ford Crown Victoria Pursuit 2FALP71W2TX160333 105025 Age/Condition
25 G2051 86 CHEVY VAN 30 1GCGG35M7G7163995 113099 bad engine
Page 2 of 2
Clearwater City Final Agenda Item #
'4,; Commission
Agenda Cover Meeting Date: qli/ol
Memorandum
SUBJECT/RECOMMENDATION: Authorize settlement of the personal injury claim of Constance
Argerdpulos, arising from a sidewalk fall on a City of Clearwater sidewalk, for payment of
$40,000.
_0 and that the appropriate officials be authorized to execute same.
SUMMARY:
A This claim involves a sidewalk fall in front of 619 Gulfview Blvd, S. Ms,
Argeropulos' injuries include a left wrist fracture which required surgery, a
right upper arm fracture, a nose fracture, and multiple bruises and abrasions.
• Medical expenses exceed $30,000.
• The City of Clearwater's Risk Management Division and the City's Claims
Committee recommend settlement of this claim for $40,000. In return for
payment of the claim, the City will obtain a full release from claimant.
Reviewed by:
Legal Info Tech
Works A User Dept.
Budget Public Work
Purchasin DCM/ACM
9
Risk Mgmt, Other
Submitted by:
City Manager
Originating Dept:
NA Finance/Risk Mgmt
Jon Ma?rcin
A Attachments
x None
Costs
Total
Funding Source:
captial Unprovement
Current Fiscal Year
Operating
other x Central Insurance
Fund
Appropriation Code:
590-07000-545900-519-000
Printed an reevcled anow
I Clearwater City Worksession Item #:
'cam 4
-?
Commission Final Agenda Item # / 7
Agenda Cover Meeting Date: 9?Lol
Memorandum
SUBJECT/RECOMMENDATION:
Approve acceptance of FY 2001/2002 Local Law Enforcement Block Grant (LLEBG) funding for two
years in the amount of $245,829 from the U.S. Department of Justice/Bureau of Justice Assistance
9 and that the appropriate officials be authorized to execute some.
SUMMARY:
The Clearwater Police Department will use this grant to purchase equipment related to various law
enforcement functions, specifically:
• $120,000 will pay for a Cellular Digital Packet Data (CDPD) for one year. One of the key pieces of
Clearwater's COPS MORE '98 grant, which provided $1.4 million in computer equipment, is the
CDPD. This service provides mobile cellular communications in the patrol cars. We will use
LLEBG funding to continue the service for another year in conjunction with the COPS MORE '98
grant;
A $15,000 has been budgeted for AR-15 trunk locks -special locking systems designed to secure
the Department's high-power AR-15 rifles;
• $14,500 will be utilized to purchase a new pickup truck with equipment for the new Beach
Volunteer Patrol;
e $8,000 for Police Cruiser Light Enhancement Packages - additional light packages that go in
recessed locations on unmarked patrol cruisers to make them more visible when they are running
with emergency lights and siren. An additional $4,000 has been budgeted for the installment of
the Light Enhancement Packages in the cars;
• $54,000 will fund the purchase of 2 pickup trucks with toppers for use by the Department's four
arson investigators. The trucks will carry specialized equipment used exclusively for arson
investigations. The pickup trucks are essential for timely response at suspected arson scenes
and to provide secure storage for the tools necessary to complete a thorough and safe arson
investigation;
• $23,000 will be utilized to purchase a GPS Tracking System, which will enhance major
criminal/narcotics investigations by providing investigators with a tool to track offenders/suspects
movements on real time, providing instantaneous map documentation and provide undercover
Reviewed by:
Legal Info Srvc
Budget Public Works
Purchasing n/a DCM/ACM
Risk Mgmt n/a Other
Submitted by: O l) •
Printed on recycled paper
Attachments
X None
Costs
Total $273,143.
Funding Source:
Current FY 27,314 Cl
OP 27,314
Other 245,829
Grant
Code: 181-99348
Rev. 2/98
Originating Dept:
.
n/a Police
n/a Prepared by: Janet Skinner
User Dept.
n/a Po9ice 4/UXA_r
officers with added protection during surveillance's and actual undercover operations;
a $7,629 will fund the purchase of two in-car video systems to be used to record evidence during
DUI traffic stops;
• $6,744 will be utilized to fund three Dual Antenna Radar systems and $9,675 will be used to
purchase a LIDAR radar system. Both systems will be used by the Traffic Team to conduct speed
enforcement;
• $1,995 will fund Speedstat, a speed analysis system that will allow the Traffic Team to evaluate
neighborhood speeding complaints and determine the worst times for violations;
• $8,600 will fund the purchase of a Four-Wheel Drive Mule for use by the Beach Volunteer Patrol
on Clearwater Beach.
• Clearwater's award allocation from the U.S. Department of Justice/Bureau of Justice Assistance is
for $245,829. The City's required match is $27,314, bringing the total grant budget to $273,143.
• All vehicles to be purchased under this grant will be additions to the fleet. Costs associated with
maintenance and fuel for the pickup truck and Four-Wheel Drive Mule for use on the Beach will be
charged to 010-01131-5401-521-000. Costs associated with maintenance and fuel for the pickup
trucks with toppers for use by CID arson investigators will be charged to 010-01121-5401-521-
000.
• The Department has budgeted funds in budget code 010-01135-546200-521-000 for the required
six-month calibrations of the radar systems and for the installation of the in-car DUI video
systems.
All other costs will be charged to Special Project No. 181-99348. The required match of $27,314
will be by a 3rd quarter adjustment from savings within the Police Department's current year
operating budget.
2
p???TE ???Qc
Clearwater City Commission
Agenda Cover Memorandum
SUBJECT/RECOMMENDATION:
Worksession Item #:
Final Agenda Item #
Meeting Date:
Approve an agreement with Clearwater Housing Authority (CHA) to provide additional police services to
Jasmine Courts and Homer Villas for a period of two years in exchange for $142,501 in federal grant
funding
1E and that the appropriate officials be authorized to execute same.
SUMMARY:
• Clearwater Housing Authority has been awarded a FY 2001 Public and Indian Housing Drug
Elimination Program (PHDEP) grant in the amount of $142,501 from the U.S. Department of Housing
and Urban Development (HUD). The purpose of the PHDEP is to reduce drugs and drug related
criminal activity within public housing. CHA has budgeted the entire grant to fund the salary and
benefits for a two-year period for two Clearwater police officers to be stationed at Jasmine Courts and
Homer Villas.
We currently have contractual agreements with CHA for three police officer positions at Jasmine
Courts through two different PHDEP Grants. Because PHDEP grants are for two-year periods, the
grants and the agreements with CHA overlap.
One of the three police officer positions is funded through a FY 1999 PHDEP grant that will run out of
funds in December 2001. There is no retention requirement for this grant so the position will not be
retained.
a The other two police officer positions are funded through a FY 2000 PHDEP grant that will run out of
funds in September 2002. There is no retention requirement for this grant so these positions will not be
retained when they expire next year.
By entering into another agreement with CHA for the FY 2001 PHDEP grant we can immediately
replace the grant-funded officer position at Jasmine Courts when it expires in December 2001 with one
of the two new additional police officer positions. We would then be able to hire a second additional
officer for Jasmine Courts through the FY 2001 PHDEP grant. The two positions funded through the
FY 2001 PHDEP grant will expire in May 2003 and will not be retained.
• The Police Department would be responsible only for the cost of one laptop computer, uniform, gun,
and other equipment for the one new.additional officer. Cost for one officer is approximately $6,000.
Reviewed by:
Legal
Budget
Purchz _ /A
Risk Mgmt N/A
Submitted by:
City Manager
Originatin Den
Info Srvc N/A Pv ice . - lu44'_
Public Works N/A Prepared by: Janet Skinner
DCM/ACM User Dept.
o !~
Other N/A Poli
Attachments .
X None
Costs
Total $148,501
Funding Source:
Current FY N/A Cl N/A
OP S6.0
Other $142,501
Grant
Code: 181.99304
Printed on recycled Dauer
• The Police Department has been advised by CHA that HUD is requiring that CHA expend 50% of the
$142,501 in FY 2001 HUD grant funds no later than November 1, 2001.
• In order to accomplish this, the agreement provides for the City to invoice CHA in advance for the
police services. CHA agrees to prepay the City for police services at Jasmine Courts and Homer Villas
and the City will provide the proper documentation, including certified copids of the officers' payroll
timesheets, at a later date.
• CHA has been granted authorization by HUD to prepay the City utilizing HUD grant funds for the
additional police services at Jasmine Courts and Homer Villas in an amount not to exceed $142,501.
• The grant of $142,501 will be established in special project code 181-99304, HUD Drug Elimination
Grant FY 2001. The City's cost of $6,000 will be charged to the police department's current operating
budget. There is no match on this grant.
• A copy of the agreement is available for review in the City Clerk's Department.
2
Clearwater City
Commission
Agenda Cover
Memorandum
Worksesslon Item #:
Final Agenda Item # U s
SUBJECT/RECOMMENDATION:
Approve acceptance of third year grant funding in the amount of $34,910 from the State of Florida,
Office of the Attorney General, 2001/2002 Victims of Crime Act (VOCA) Grant Program
19 and that the appropriate officials be authorized to execute same.
SUMMARY:
• The City of Clearwater Police Department has been awarded a VOCA grant in the amount of
$34,910 that will be used to continue funding for an additional victim advocate.
• For the past two years, VOCA grant funding has allowed Clearwater's victim assistance program
to provide more crime victims with crisis counseling; follow-up contact; information and referral;
criminal justice support/advocacy; emergency financial assistance; and assistance in filing
compensation claims. The addition of the VOCA-funded victim advocate and the victim
assistance program volunteers has enabled Clearwater to provide all of these services at virtually
any time of the day or night and allowed for easier scheduling of vacation and sick days without a
negative impact on victim services.
• Grant funds will provide $33,715 for salary and benefits for the additional victim advocate, $500
for training expenses, and $695 for miscellaneous operating costs, including mileage and
cell/pager usage. Clearwater's grant application sought $42,581 in VOCA funding;. however, due
to a reduction in the amount of VOCA funds available this year, Clearwater received only $34,910,
the amount of funding it received last year. The difference of $7,671 had included $2,600 for a
new computer, in addition to training, mileage, cell/pager use, and salary and benefits. The victim
advocate will continue to use her existing computer and the Department will fund the remaining
difference of $5,071 from the Special Law Enforcement Trust Fund, Special Project Code 181-
99331.
• All other costs associated with this grant will be charged to Special Project Code 181-99328. A
percentage of the Department's existing victim advocate's salary and benefits will serve as the
City's share of the required match in the amount of $8,728. The VOCA-funded victim advocate
position is not required by the grant to be retained at the end of the grant period.
• VOCA Program Guidelines require that all grant recipients utilize volunteers in their victim
advocacy programs. The Department has been successful in recruiting a number of outstanding
volunteers for the program to assist the Department's victim advocates. The Department provides
the screening and training for the volunteers, as well as office space, equipment and free parking.
Reviewed by:
legal
Budget
Purchasing la
Risk Mgmt n/a
info Srvc n/a
Public Works
DCMJACM
Other n/a
Submitted by: ??
City Manager A4t4,4,
Printed on recycled paper
Originatin D pt: Costs
Polio
er_?W. Total
Prepared by: Janet Skinner
User Dep
Police,- 1\1 JI ? Attachments
X None
Current FY
Meeting Date: 9/20/01
$48,709
Funding Source:
CI
4P $8,728
'Other $5,071
'Match for grant provided by salary "$34,910
of existing victim advocate. "Grant
181-99331 - $5,071
Rev. 2/98
ITEM # 20
Clearwater City Commission Worksession Item #:
= E?b? Agenda Cover Memorandum Final Agenda Item #
Meeting Date: C ?v o/
SUBJECT/RECOMMENDATION:
Approve acceptance of $997,800 in federal grant funds for a Neighborhood Policing Initiative for the
Homeless and approval of individual agreements with various contractors to perform services related to the
grant, in accordance with Sec. 2.564(1)(e), Code of Ordinances, Impractical to Bid
® and that the appropriate officials be authorized to execute same.
SUMMARY:
The U.S. Department of Justice/Bureau of Justice Assistance has award the City of Clearwater
funding in the amount of $997,800 for a period of two years for its Neighborhood Policing Initiative for
the Homeless. The grant funds will be provided through a special Congressional Earmark that was
designated for the City of Clearwater to address crime problems associated with the homeless
population in the downtown corridor.
• The Police Department will utilize this grant to implement a community/neighborhood program
designed to assist citizens in preventing and controlling crimes committed by and perpetrated against
the homeless in downtown Cieanrvater. This will be accomplished through an enhancement of the
existing services and partnerships already in place at the Clearwater Homeless Intervention Project
(CHIP) shelter.
• The funds provided through this grant will be allocated as follows:
• A total of $351,000 has been budgeted to provide overtime hours for Clearwater police officers who
will be assigned on an overtime basis to supplement the existing Downtown Bike Team's homeless
outreach program. The overtime will provide an average of an additional 16 hours per day for 24
months and will allow officers to patrol the downtown corridor and three neighboring community parks
(Crest Lake, Station Square, and Coachman), interact with homeless persons and refer them to the
appropriate social services. Officers will also assist the Downtown Bike Team in a number of other
duties routinely performed by the Bike Team in relation to the homeless. Such duties include:
conducting identification card checks at CHIP and the Soup Kitchen; attending
neighborhood/business meetings regarding homeless issues; and, participating in enhanced patrol
along the downtown corridor and the parks where homeless individuals congregate.
• An additional $30,100 has been budgeted to provide funding for fringe benefits associated with the
police officer overtime.
Reviewed by?:
Legal ''/C
Budget
Purch
Risk Mgmt N/A
Info Srvc N/A
Public Works N/A
DCM/ACM
Other N/A
Submitted by: -Z--U 1400?
City Manager
Printed on recycled paper
Originatin D p J
Poi ice
Prepared by: Janet Skinner
User Dept.
Police ?) _'L4"
Attachments
X None
Costs
Total -0-
Current FY -0-
Funding Source:
Cl -0-
OP -0-
Other $997
Grant funds - no match
Appropriation Code: 18
Rev. 2/98
• $26,400 has also been budgeted for costs associated with the rental, fueling and upkeep of a
passenger van to be used by police officers to transport homeless individuals to CHIP and other
social service agencies as needed.
• Criminal background checks will be conducted on homeless persons throughout this program to
measure the success of the Neighborhood Policing Initiative. For those homeless individuals who
have been charged with a crime or ordinance violation, there will be no charge for this service.
However, for all others, the Florida Department of Law Enforcement must charge $15 per background
check. A total of $13,600 has been budgeted in the grant to provide funding for these criminal
background checks.
• The remainder of the grant funds will be used to sub-contract with other agencies to provide a variety
of services in support of the Neighborhood Policing Initiative. The agencies, and the services to be
provided, are as follows:
• CHIP -- A total of $258,000 has been allocated to contract with CHIP to provide case management
services to an estimated 15 persons a day over a 24-month period. CHIP staff will conduct the
original assessment of each homeless person referred to the shelter by the Clearwater Police
Department and then work with homeless clients to obtain appropriate housing, substance abuse
treatment, mental health services, legal services, and/or veterans' and other benefits to which the
client may be entitled. Employment referrals and job readiness skills will also be provided by CHIP
case management services staff.
• Directions for Mental Health -- A total of $258,700 has been budgeted to contract with Directions for
Mental Health for a 24-month period for provision of focused outreach and mental health services.
Directions will provide an Outreach Specialist and an Outreach Therapist to conduct screening,
referral and follow-up services for mental health, substance abuse and domestic violence needs. The
program will allow Directions staff to engage individuals with mental illness and/or substance abuse
problems in appropriate treatment/intervention programs. Directions staff will be available on a daily
basis, during both daytime and evening hours, to screen clients for service needs, link them with
appropriate community resources, and provide group and individual therapy.
• Pinellas County Coalition for the Homeless -- $10,000 has also been budgeted to contract with the
Pinellas County Coalition for the Homeless to provide transportation for homeless clients. CHIP case
management services staff will coordinate with the Coalition who will provide bus tokens for homeless
clients to allow them to travel to various appointments with legal services, probation offices, medical
services, and social services.
• William R. Blount, Ph.D., W.R. Blount and Associates, Inc. - Lastly, $50,000 has been allocated
to contract with Dr. William R. Blount (who is also on the faculty for the University of South Florida) for
the performance of an outside evaluation of the entire project. The evaluation will focus on measures
of success that include reduction in crime, recidivism, and victimization associated with the homeless
in the downtown corridor and the 3 neighboring parks. At the end of the evaluation period, the
evaluator will produce a detailed listing all of the data collected as well as a written analysis of that
data, with respect to stated goals and objectives for the project.
• All of the above-referenced contractors will be e;:empt from the City of Clearwater's standard bidding
procedures pursuant to Section 2.564(1)(e), Impractical to Bid - major reason.
There is no match and there are no additional positions required for this grant. All costs will be
charged to Special Project No. 181-99334.
• Individual agreements with each contractor have been prepared and are available for review in the
City Clerk's Department.
2
W
M?
K?
I
SUBJECT/RECOMMEN DATION:
Clearwater
Agenda Coi
y Commission
Memorandum
Worksession Item #:
Final Agenda Item # Z/
Meeting Date: AO o/
Approve the Florida Recreation Development Assis ance Program (FRDAP) project grant agreement for
the North Greenwood Aquatics Center project in t e amount of $200,000, between the State of Florida
Department of Environmental Protection and the C ty of Clearwater,
and that the appropriate officials be authorized to execute
SUMMARY:
+ The City has been awarded a matching (FRDA ) grant of $200,000 to assist in the construction of the North
Greenwood Aquatics Center project.
• The project includes constructing a training po I, activities pool and splash pool with components
including a 20' high water slide, water playgro and area, diving area and the associated support facilities.
• The grant proceeds will be used to provide a p of slide, enlarged playground and other pool amenities in
addition to project scope listed above.
The City's match of $200,000 is currently budgeted in Capital Improvement Project 315-93239. With the
addition of the grant funding the total project budget will increase to $4,200,000.
• A copy of the agreement is available for review in the City Clerk Department.
Reviewed by: Origin ting Dept.: Costs
Legal Info Srvc NA Parks Recreation 000
Total 200
Kevin unbar ,
Budget Public Works NA User ept.: Funding Source:
Purchasing NA DCM/ACM Parks Recreation Current FY CO X
Risk Mgmt NA Other Attac ments OP
Other
Submitted by:
O Rlon
e
City Manager Appropriation Code: 315.93239
0 Printed on recycled paper
o
e 3
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item If:
Final Agenda Item # lz?
Meeting Date:
SUBJECT/RECOMMENDATION:
Approve the Florida Recreation Development Assistance Program (FRDAP) project grant agreement for
the Eddie C. Moore Softball Complex Fields 8 & 9 project in the amount of $200,000, between the State
of Florida Department of Environmental Protection and the City of Clearwater,
? and that the appropriate officials be authorized to execute same.
SUMMARY:
A The City has been awarded a (FRDAP) grant of $200,000 to assist in the construction of the Eddie C. Moore
Softball Complex Fields 8 & 9 project.
o The City's match of $200,000 will be provided in conjunction with the Calvary Baptist Land Swap
agreement in which Calvary Baptist Church is providing the city $330,000 for the development of
replacement ball fields facilities.
• Approval for the establishment of a new capital improvement project titled E. C. Moore Fields 8 & 9 was
previously approved by the City Commission on November 16, 2000, in the amount of $530,000 in
anticipation of receiving this grant award.
o No additional staffing will be required.
A copy of the agreement is available for review in the City Clerk Department.
Reviewed by: Originating Dept.: Costs
Legal Info Srvc NA Parks & Recreation Total NA
Kevin Dunbar
Budget
Public Works NA User Dept.: Funding Source:
_
Purchasing A DCM/ACM Parks & Recreation Current FY cl
Risk Mgmt NA Other Attachments OP
Other
Submitted by: •
D None
City Manager Appropriation Code: NA
Printed on recvcled raper
1W
9??ITE ??4e.
Clearwater City
Commission
Work session Item #:
Final Agenda Item #
1?3
Agenda Cover Meeting Date: 09/20/01
Memorandum
SUBJECT/RECOMMENDATION: Award a contract for the N. Greenwood Reclaimed Water & Corridor
Enhancements (01-0029-EN) to Steve's Excavating & Paving of Clearwater, Florida, in the amount of
$2,090,001.10, which is the lowest responsible bid received in accordance with plans and specifications,
CI and that the appropriate officials be authorized to execute same.
SUMMARY:
e This agenda item provides for construction of corridor enhancements and reclaimed water in the North
Greenwood Community, requested by the community through earlier planning documents (North
Greenwood Commercial District & Economic Development Opportunities, 9/94, Trent Green, Florida
Center for Community Design + Research; North Greenwood Commercial District General Development
Plan, 9/98; Greenwood Neighborhood Study, Carr Smith Corradino; Greenwood Neighborhood Initiatives,
Carr Smith Corradino, 11/98), and for a component of the Clearwater Reclaimed Water Master Plata.
A corollary cooperative agreement with the Southwest Florida Water Management District (SWFWMD)
provides. $425,000 toward the cost of the reclaimed water elements of the project.
• This project involves construction of a reclaimed water transmission line which will provide reclaimed
water to the North Greenwood business district, North Greenwood residents including the North Greenwood
Apartments, the new library in North Greenwood, the new recreation center to be located in North
Greenwood, the N. Greenwood Avenue streetscaping included in the project, the INIR Global site and other
nearby sites.
v This project also includes streetscaping of N. Greenwood Avenue from Seminole St. to Marshall St.,
including medians, landscaping, street lighting, sidewalks, pedestrian crosswalks and a circular intersection
at the intersection of Palmetto St. and N. Greenwood Av.
Design of this project has been coordinated with design of the new recreation center and library in North
Greenwood.
¦ An FY2002 first quarter amendment will transfer $240,000.00 of road millage from 315-92260 Street
Resurfacing to 315-92263 N. Greenwood Corridor Enhancement. With this transfer sufficient budget and
funding will be available in the N. Greenwood Corridor Enhancement project.
¦ The costs for the reclaimed water system were included in the FY2001 Water & Sewer Utility rate study
update.
¦ The rate study update recommended interim financing in anticipation of the issuance of Water & Sewer
Reviewed by: Originating Dept: Costs
Legal Info Srvc X Public Works -41?71!!? Total $2,090,001.10
Administration K.Sides
Budgeter Public Works User Dept. Funding Source:
Purchasing DCM/ACM Public Utilities Current FY Cl X
Risk Mgmt X Other Attachments OP
Other
Submitted by: Appropriation Code:
City Manager 0 None 343-96739-563800-533.000 $1,024,636.16
315-92263.563700-541-000 $1,065,364.94
Printed on recvcled caper N. Groenwood Reclaimed Water & Corridor Enhancements Rev. 2198
Revenue Bonds in FY 2002.
• Resolution 01-07 was passed on March 1, 2001 establishing the City's intent to reimburse certain project
costs incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a
funding source were included in the project list associated with Resolution 01-07.
• Sufficient budget is available in project 343-96739 Reclaimed Water System.
• Work will commence upon award and execution of the contract and will be completed within 300 calendar
days.
• A copy of the contract documents are available in the City Clerk's office for review.
,®
2
?'w ?-
?1 F?
SUBJECT/RECOMMENDATION:
Clearwater City
Commission
Agenda Cover
Memorandum
Total
Approve a Cooperative Funding Agreement with the Southwest Florida Water Management
District (SWFWMD) for the amount of $135,000, providing funding -to the City for the City's
share of -the preliminary engineering for the Water Treatment Facility,
and that the appropriate officials be authorized to execute same.
SUMMARY:
• On November 26,, 2000, the Commission approved an agreement with Tampa Bay Water to share in
preliminary engineering expenses for a water plant. That agreement stipulated if the City decided to
become the sole project manager, then Clearwater would reimburse Tampa Bay Water $270,000 of
the $700,836 total costs involved in preliminary engineering. Since the City elected to manage the
project, there is now a commitment to pay Tampa Bay Water $270,000.
• This agreement with SWFWMD provides 50% funding, up to $135,000, for preliminary engineering
for the City's Water Treatment Faci I ity.
• The budget for the Water Treatment Facility is $8,200,000. The estimated completion date for
construction is planned for August, 2003.
• A copy of this agreement is available for review in the Clerk's Office.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt NA
Submitted by:
City Manager
Info Srvc NA
Public Works
DCM/ACM /
Other l
w A4*v%&
Originating Dept.:
PWA/Pub. Util (Neff) /k*1
User Dept.:
PWA/Public Utilities
Attachments
? None
Meeting Date: gJ2n,1n1
Costs
Funding Source:
Current FY
Worksession Item #: 7
Final Agenda Item # A
riation Code:
VI X
OP
Other
Printed on recvcled moor
Q
bQ'
99?ATE ??,
qW1
Worksession Item #:
Final Agenda Item # 25,
Meeting Date: 09-20-01
SUBJECT/RECOMMENDATION: Accept a Quit-Claim Deed from Morton Plant Hospital Association,
Inc. conveying the easterly 18 feet of former Sadler Street right-of-way lying between Lots 19 and 20,
BLUFF VIEW COURT SUBDIVISION,
9 and that the appropriate officials be authorized to record same.
SUMMARY:
• On July 12, 2000 Morton Plan Hospital Association, Inc. ("Morton Plant") conveyed to the City the
easterly 18 feet of its property fronting Reynolds Avenue between Jeffords and Pinellas Streets.
• The property conveyed increased Reynolds Avenue right-of-way from forty to fifty-eight feet to
facilitate vehicular access to the new Morton Plant emergency medical facility nearing completion.
• On August 3, 2000 Sadler Street between Bay Avenue and Reynolds Avenue was vacated by
Ordinance No. 6552-00.
• The Ordinance did not specifically exclude from vacation the easterly 18 feet of Sadler Street
abutting the westerly alignment of Reynolds Avenue.
• The Quit-Claim Deed confirms the intent of both Morton Plant and the City, notwithstanding
anything to the contrary, that the easterly 18 feet of former Sadler Street right-of-way be
incorporated into and improved as a portion of the 58-foot Reynolds Avenue right-of-way.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt
Clearwater City Commission
Agenda Cover Memorandum
Info Sruc NA
Public Works -I
Originating Dept: ,,16
Public Works (E. Barrett)
User Dept.
NA DCM/ACM
NA Other NA Attachments (A copy of
the deed Is on file with
the City Clerk)
Costs NA
Total
Funding Source:
Current FY Cl
OP
Other
Submitted by:
City ManagerSA Aov? (X ] Locator Map
Printed on recycled naner (Morton Plant 0801 GCD Aan ewb.docl
riation Code:
Rav_ 2198
M
LOCATOR MAP: ADDITIONAL MORTON PLANT
RIGHT- OF - WAY FOR REYNOLDS AVENUE
60 730(5) ?10 100 50 50 5 40 ' 126.5 148 ?t05 129 60
' I 12102
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40,91 81 90 107 ' 65 67 99.2 40 100 927(S) 60
CORBETT STREET
1 0 Clearwater City Commission
Agenda Cover Memorandum
Meeting Date: 09/20/01
SUBJECT/RECOMMENDATION: Award a contract for the Lift Stations 27 & 30 Improvements (LF-
100599) to Azurix North America Underground Infrastructure, Inc. of Longwood, Florida in the amount of
$329,426.90, which is the lowest responsible bid received in accordance with plans and specifications,
19 and that the appropriate officials be authorized to execute same.
SUMMARY:
o Based on evaluations of the City's sewer system, Lift Stations 27 and 30 must receive high priority for upgrade
as part of the overall rehabilitation of the City's wastewater collection system. This construction contract
includes the replacement of Lift Stations 27 and 30 replacing the existing structures and equipment that are
failing due to age and wear.
e Lift Station 27 is located at 2601 Enterprise Road (East side of Enterprise Road between Countryside Blvd. and
State Road 580). Lift Station 30 is located at 2201 Cypress Point Drive West (at the intersection of Allard
Drive and Cypress Point Drive West).
• The construction includes site improvements to provide better access for routine maintenance and demolition
of existing facilities.
?? Resolution 01-07 was passed on March 1, 2001, establishing the City's intent to reimburse certain project costs
incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a funding
source were included in the project list associated with Resolution 01-07.
Sufficient budget is available in project 343-96686, Pump Station Replacement.
• Work will commence upon award and execution of the contract and will be completed within 150 days.
• A copy of the contract documents is available in the City Clerk's office for review.
Work session Item #:
Final Agenda Item # ((j
Reviewed by:
Legal ? Info Srvc NIA
Budget Public Works
Purchasing DCI4i/ACM
Risk Mgmt VNkIA Other N
pt: -
Originating De
ng
Public Works
Administration (K.O'Bri
User Dept.
Public Utilities
Attachments
I@ None
Costs $329,426.90
Total
Submitted by:
City Manager AD I All
ow 904-?
Printed on reevcled caner
Funding Source:
Current FY CI X
OP
Other
Appropriation Code:
343.96686-563800-535-000
Lift Stations 27 8 30 Imorovements Rev. 2198
17A
PrI
(Additional) Informatl*on.
was provided with this
item (#26) PW
See Official Records
Reports/Studies 9/20/01 -
MTG
M R Clearwater City Worksesslon Item #:
Commission p
Final Agenda Item #
Agenda Cover .
Meeting Date: a
Memorandum
SUBJECT/RECONINT IENDATION:
Adopt Resolution 01-33, authorizing supplement #4 to an existing Joint Participation Agreement
(JPA) with the Florida Department of Transportation, adding the funding for the Storm Water
Management Plan to the Airpark Master Plan/Storm Water Management Plan and Permitting JPA.
x and that the appropriate officials be authorized to execute same.
SUMMARY:
Supplement #3 to the Airpark Master plan, added Storm Water Planning to the Airpark Master Plan. The
Florida Department of Transportation (FDOT) has agreed to increase the reimbursable funding to the
existing JPA by $100,000.00 to cover Storm Water Management Plan and Permitting at Clearwater
Airpark, 1000 North Hercules Avenue. This increase represents 77% participation by the FDOT, and 23%
by the City, with no additional cost to the City of Clearwater.
City
Total, Project Cost $174,464 $274,464 $100,000
Budget of N/A Clearwater Public Works $64,500 User Dept.: $64,500 $0
Funding Source:
Purchasing NIA DCWA Marine & Aviation Current FY CI
Risk Mgmt N/A Other Attachments OP
Resolution 01-33 Other
Submitted by:
City Manager O None Appropriation Code:
Printed on recycled paper
Fund
Participation
Su #4 As Approved As Amended Net Change
FDOT $109,964 $209
,964 $100,000
Originating Dept.:
Reviewed by:
Costs NIA
(Bill
N/A Marine & Aviation
Morris) Total
Legal Info Srvc
RESOLUTION NO. 01-33
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, FOR THE FORTH
SUPPLEMENTAL AGREEMENT OF THE AIRPORT
MASTER PLAN TO ADD STORM WATER MANAGEMENT
PLANNING AND PERMITTING; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding towards the planning and permitting of storm water management under
the airport master plan at the Clearwater Airpark under Joint Participation Agreement
FM #40297919401, Contract NO: AE263, a copy of which is attached hereto as Exhibit
"A"; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation, FM NO: 40297919401, Contract NO: AE263 Supplement #4 of the
Airport Master Plan Storm Water Management Planning and Permitting at the
Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
Approved as to form:
day of '2001.
Brian J. Aungst
Mayor-Commissioner
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 01-33
Clearwater City Commission
Agenda Cover
Memorandum
SUBJECT/RECOMMENDATION:
Worksesslon Item #:
Final Agenda Item #
Meeting Date: Gl /20/01
Adopt Resolution 01-34, authorizing Supplemental Agreement #1 to an existing JPA
approved in June, 2000, to complete the design and construction of two aircraft T-hangars
and one corporate hangar at Clearwater Airpark, increasing Department and Agency
funding by $250,000.
19 and that the appropriate officials be authorized to execute some.
SUMMARY:
The Florida Department of Transportation (FDOT) has agreed to increase reimbursable
funding for the design and construction of two-ten plane T-hangars and one corporate
hangar at Clearwater Airpark, 1000 North Hercules Avenue by $250,000, as a result of revised
construction cost estimates. The original JPA approved in June 2000, was in the amount of
$600,000 with the City providing $300,000 and FDOT providing $300,000, a 500/0 / 500/0 cost
shared effort. The new total funding provided by FDOT for this JPA is $550,000. The City's
contribution has not changed. This increase represents 65% participation by the FDOT and
35% by the City, with no additional cost to the City of Clearwater.
An accompanying change order for the hanger construction projects details the portion of
these funds used to complete the "T" hanger construction project, $34,989. The remainder
of these funds, $215,011, will be allocated to phase two, the Corporate hanger portion of this
JPA project.
Funding for this project is budgeted in the 2001/02 Capital Improvement Program.
Reviewed by: Originating Dept:,? Casts N/A
Legal Info Srvc N/A Marine and Aviation (Bill Morris) Total
Budget 76N/A Public Works N/A User Dept. - Funding Source:
Purchasing N/A DCM/ACM --^) Marine and Aviation Current FY CI
Risk Mgmt N/A Other Attachments O
P
1. Resolution 01-34 Other
Submitted by:
City Manager D None
Appropriation Code:
Printed on recycled paper Rev. 2/98
RESOLUTION NO. 01-34
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING A SUPPLEMENTAL AGREEMENT #1 TO
COMPLETETHE JOINT PARTICIPATION AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND THE STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE
DESIGN AND CONSTRUCTION OF TWO AIRCRAFT T-
HANGARS AND ONE CORPORATE HANGAR AT CLEARWATER
AIRPARK INCREASING DEPARTMENT AND AGENCY FUNDING
BY $250, 000.00 AS A RESUL T OF A REVISED CONSTRUCTION
COST ESTIMATE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding towards the design and construction of two (2) aircraft T-hangars and
one (1) corporate hangar at Clearwater Airpark under Joint Participation Agreement FM
No. 403006619401, Contract No. A1076, a copy of which is attached hereto as Exhibit
"A": now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA;
Section 1. The City Commission hereby accepts and approves the Supplement
#1 to Joint Participation Agreement between the City and the State of Florida
Department of Transportation, FM No. 40300619401, Contract No. A1076 to complete
the design and construction of two aircraft T-hangars and one corporate hangar at
Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of 2001.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
John C. Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 01-34
Clearwater City
Commission
Originating Dept:
Marine (Bill Morris)
Agenda Cover Meeting Date: 09/20/01
Memorandum
SUBJECT/RECOMMENDATION: Approve Change Order #1 to GLE Construction Services, Inc. of
Tampa, Florida for the New T-Hangers at Clearwater Airpark (00-0031-AP), which will increase the
contract by $34,989.00 for a new contract total of $631,010.35, and approve a time extension of sixty
(60) days,
0 and that the appropriate officials be authorized to execute same.
SUMMARY:
On June 15, 2000 the City approved Resolution 00-15 authorizing a Joint Participation Agreement at
(50%/50% funding) between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) to design and construct two aircraft T-hangars and one corporate hangar at
Clearwater Airpark. On November 16, 2000 the City Commission approved and awarded project
#00-0031-AP, New Airplane T-Hangars at Clearwater Airpark, to GLE Construction Services, Inc. for
the sum of $596,021.35. Total funding for the original project scope to construct two "T" hangars
(each holds 10 planes), and one corporate hangar was $600,000. With this first phase of the project,
the two "T" hangars total coming to $631,010.35, additional funds were requested from the FDOT to
complete both the first phase, the two "T" hangars, and additional funds to complete the second
phase of the original project, the corporate hangar.
FDOT has agreed to increase reimbursable funding for the Joint Project Agreement project by
$250,000, to complete both phases of the original JPA. This was accomplished by FDOT adjusting-
the funding participation amount from 50% / 50% to 65% participation by the FDOT and 35% by the
City. This results in no additional cost to the City of Clearwater.
This Agenda item requests to accept $34,989.00 of the $250,000 increase for the "T" hangar project,
to fund the cost of a drainage system for the hangars required to be added to the project after the
original contract date, establishing a new contract price of $631,010.35,
Resolution 01-34 approving this Supplemental Agreement to the Joint Participation Agreement is the
subject of a separate agenda item.
Funding is available based on approval of the JPA for additional $250,000 from Florida Department
of Transportation.
The change order is available in the City Clerk's Department for review.
Reviewed by:
Legal Info Srvc _ N/A
Budget Public Works
Purchasing DCM/ACM
Risk Mgrnt N/A Other
Submitted by:
City Manager -
Printed on recycled paper
User Dept.
Marine
Attachments
0 None
Work session Item #:
Final Agenda Item #
20
Costs $34,989.00
Total
Funding Source:
Current FY CIP X
OP
Other
Appropriation Code:
315-94713-562800-575-000
Airplane T-Hangars CO #1 Commission Agenda Item Rev. 2198
Clearwater City Work session Item #:
9y; Commission Final Agenda Item # -3?
Agenda Cover Meeting Date: o/
Memorandum
SUBJECT/RECOMMENDATION: Approve creation of a new Section 32.042 of Chapter 32,
Clearwater Code of Ordinances; providing for registration of providers of Communications
Services; and pass Ordinance #6853-01 on first reading,
0 and that the appropriate officials be authorized to execute same.
SUMMARY:
v During the 2001 Regular Session the Florida Legislature amended the Communications Services Tax
Simplification Law, effective October 1, 2001.
i The law is intended to simplify the tax structure for providers of Communications Services and assure that
all providers are regulated uniformly.
v The law prohibits local governments from entering into franchise agreements with providers of
Communications Services.
In lieu of franchise agreements, the City has elected to use a registration process to maintain a record of
all providers of Communications Services using City rights-of-way.
i The subject Code of Ordinance additions define the process and requirements for providers of
Communications Services to become registered with the City.
Reviewed by:
Legal -5k4.
Budget N/A
Purchasing A
Risk Mgmt
Submitted by: "
City Manager
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Ordinance #6853-01
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Rev. 2198
ORDINANCE NO. 6853-01
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA RELATING TO REGISTRATION OF
TELECOMMUNICATIONS COMPANIES; AMENDING
SECTION 32.032 OF CHAPTER 32, CODE OF
ORDINANCES; CREATING A NEW SECTION 32.042;
PROVIDING A REQUIREMENT FOR REGISTRATION;
PROVIDING A PROCEDURE FOR REGISTRATION;
PROVIDING FOR SUSPENSION OF PERMITS;
PROVIDING FOR APPEALS; PROVIDING FOR
INSURANCE AND INDEMNIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Telecommunication Act of 1996, Chapter 47 U.S.C.
§253(c) preempted much of the municipalities control over its rights-of-way but.
retained in the cities' authority to manage their rights-of-way; and
WHEREAS, Section 337.401, Florida Statutes, provides that local
governments are authorized to prescribe and enforce reasonable rules and
regulations with reference to the placing and maintaining of utilities along, across,
on, over, or under, any rights-of-way and may grant to a resident or corporation
organized or licensed in the state of Florida the use of the rights-of-way in
accordance with said rules and regulations; and
WHEREAS, in accordance with the intent of the Telecommunications Act
and the Communications Services Tax Simplification Laws as amended by
Chapter 2001-140, Laws of Florida, and in furtherance of its home rule powers,
the City of Clearwater, Florida (City) desires to place certain reasonable rules
and regulations on the use of the rights-of-way by Utilities; and
WHEREAS, deregulation of telecommunications companies has led to
multiple requests for the use of the City's Rights-of-way, and prior to deregulation
there was a monopoly on telecommunications service; and
. WHEREAS, home rule power under the Florida Constitution and Chapter
166, Florida Statutes, empower the City to manage use of its rights-of-way; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA, that:
Section 1, Section 32.032 of Chapter 32, Code of Ordinances is
amended to read:
The City Commission may by ordinance grant permission to any
person to construct and operate a public utility, except as of January 1,
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Ordinance No. 6853-01
2001 a telecommunications company defined in § 364.02(12), Florida
Statutes as amended from time to time or unless and until judicially or
legislatively determined to the contrary, in the streets and public grounds
of the city, but no such grant or renewal thereof shall be made in violation
of any of the limitations contained in this article. Telecommunications
companies are required to register with the City pursuant to Section
32.042.
Section 2. A new Section 32.042 of Chapter 32, Code of Ordinances is
created to read:
Sec. 32.042. Registration of Telecommunications Companies.
(1) Registration is required for construction, installation, maintenance,
repair, or location in rights-of-way
(a) A telecommunications company that desires to construct,
install, maintain, repair, expand, or locate any permanent or
temporary facilities in, under, over, on or across any rights-
of-way in the City shall first register with the City in
accordance with the terms of this section. When a
telecommunications company occupies or uses the rights-of-
way in any manner except to construct, install, maintain,
repair, expand, or locate a permanent or temporary facility,
the provisions of this section do not apply and the
telecommunications company may be subject to other
Ordinances regulating the occupation or use of the rights-of-
way. A telecommunications company, which does not have
a physical presence in the rights-of-way, is not required to
register under the provisions of this section.
(b) This registration pertains only to the placement of
telecommunication facilities in the rights-of-way; if a
registrant seeks to enter the rights-of-way of the City for any
other purpose, further approval of the City may be required.
Registration does not excuse a telecommunications
company from complying with all applicable City ordinances,
including this Section.
(2) The registration procedures are as follows:
(a) Registration. A telecommunications company desiring to
construct, install, maintain, repair, expand, remove or locate
facilities in, on, over, under, on and across the designated
rights-of-way shall file a registration with the City, which shall
including the following information:
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Ordinance No. 6853-01
1. name of the applicant;
2. name, address and telephone number of applicant's
primary contact person in connection with the
Registration:
3. evidence of insurance coverage required under this
section;
4. The number of the registrant's current certificate of
authorization issued by the Florida Public Service
Commission or the Federal Communications
Commission.
(b) Review by the City. The City will review the information
submitted by the applicant. Such review will be by the City
Manager or his or her designee. If the applicant submits
information in accordance with Section 32.042(2)(a) above,
the registration shall be effective and the City shall notify the
applicant of the effectiveness of the registration in writing. If
the City determines that the information has not been
submitted in accordance with Section 32.042(2)(a) above,
the City shall notify the applicant of any apparent errors of
the non-effectiveness of registration, and reasons for non-
effectiveness, in writing. The City shall so reply to an
applicant within thirty (30) days after receipt of registration
information from the applicant.
(c) Cancellation of Registration. A registrant may cancel a
registration upon sixty (60) days written notice to the City
noticing that it will no longer own, use, or maintain facilities in
the rights-of-way and will no longer need to obtain permits to
perform work in the rights-of-way. A registrant may not
cancel a registration if the registrant continues to place,
maintain, or own or use any telecommunications facilities in
the rights-of-way.
(d) No Priority in Registration. Registration does not establish
any priority for the use of the rights-of-way by a registrant or
any other registrants.
(e) Renewal of Registration. All registrants shall renew their
registration with the City no later than January 1 every two
(2) years. Registrants shall notify the City within thirty (30)
days of any change in registration information. Registrations
are expressly subject to any future amendment to or
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Ordinance No. 6853-01
replacement of this Section and further subject to any
additional City ordinances, as well as any State or Federal
laws that may be enacted during the term of the registration.
If the City finds that non-renewal of registration was a good
faith error on the part of the telecommunications company,
the only penalty for non-registration shall be the non-
issuance or revocation of permits to work in the rights-of-
way; otherwise Code of Ordinances Section 1.12 shall apply.
(f) Permit. In accordance with applicable City codes and
ordinances, a permit may be required of a
telecommunications company that desires to erect,
construct, install, maintain, place, repair, extend, expand,
remove, or locate permanent or temporary facilities in the
rights-of-way.
(g) Transfer. If the registrant transfers or assigns its registration
incident to sale or other transfer of any of the registrant's
facilities located within the rights-of-way within the City, the
transferee or assignee shall comply with the terms of this
section as of the effective date of the transfer or assignment.
No later than twenty (20) days after the effective date of the
transfer or assignment, the transferee or assignee shall
register in accordance with Section 32.042(2) of this section.
(h) Existing facilities. Facilities constructed, maintained,
repaired, or located by telecommunications companies prior
to the effective date of this section may remain in the rights-
of-way, provided the telecommunications company complies
with the registration provisions of this section. Providers with
existing facilities in the rights-of-way have thirty (30) days
from the effective date of this section to comply with the
terms of this ordinance, or be in violation thereof.
(3) Final, written decisions of the City Manager denying an application
for registration or denying an application for renewal of a
registration are subject to appeal. An appeal must be filed with the
City Manager within thirty (30) days of the date of the final, written
decision to be appealed. Any appeal not timely filed as set forth
above shall be waived. The City Commission shall hear the appeal
and may affirm or reverse the decision of the City Manager.
(4) A registrant shall maintain in full force and effect general liability
insurance acceptable to the City, which specifically covers all
exposures incident to the intent and responsibilities under this
section. The registrant shall add and maintain the City as an
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Ordinance No. 6853-01
additional insured on its general liability insurance. The document
shall indicate that the City, a political subdivision of the State of
Florida, is an additional insured as its interests may appear; and
shall also provide that insurance shall not be canceled, limited, or
non-renewed until after thirty (30) days' written notice has been
received by the City; however, insurance may be canceled and
replaced with a policy that continues to meet the requirements of
this section. Registrant may satisfy the insurance requirements
and conditions of this article under a self-insurance plan.
Registrant shall agree to notify the City, or indicate on the
Certificate of Insurance, whether self-insurance is relied upon when
a self-insured retention or deductible exceeds $100,000. If a
telecommunications service provider is self-insured, in order to
assure that the insurance requirements are being met, the City
reserves the right, but not the obligation, to request and review a
copy of the registrant's most recent annual report or audited
financial statements.
(5) The following indemnification applies:
(a) In matters related to any actions or activities of the
telecommunications service provider arising under this
section, telecommunications service provider shall, at its
sole cost and expense, fully indemnify, defend and hold
harmless the City, its officers, boards, commissions, charter
officials, employees, agents, and volunteers against any and
all claims, suits, actions, proceedings, liabilities, and
judgments for damages (including, but not limited to,
expenses for reasonable legal fees and disbursements and
liabilities assumed by the City in connection therewith) or
equitable relief regardless of whether the act or omission
complained of is authorized, allowed or prohibited by this
ordinance. The telecommunications service provider's
indemnification of the City shall include, but not be limited to
all claims, suits, actions, proceedings, liabilities, and
judgments for damages arising out of the following:
(1) To persons or property, in any way arising out of or
through the acts or omissions of the
telecommunications service provider, its officers,
agents, employees, servants, contractors,
subcontractors, consultants or volunteers or to which
the telecommunications service provider's negligence
shall in any way contribute; and
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Ordinance No. 6853-01
(2)
Arising out of any claim of invasion of the
privacy, for defamation of
corporation, or the violation
copyright, trademark, trade
patent, or of any other right
corporation; and
any person,
or infringement
name, service
of any person,
rig ht of
firm or
of any
name,
firm or
(3) Arising out of the telecommunications service
provider's failure to comply with the provisions of any
federal, state or local statute, ordinance or regulation
applicable to the telecommunications service provider
in the conduct of its business under this section; and
(b) The City shall be responsible for its own negligence,
including that of its elected officials, charter officials, officers,
and/or employees resulting from activities arising from its
sole responsibilities under this section, but only to the extent
provided by the waiver of sovereign immunity in section 768-
28 F.S.
(c) The telecommunications service provider shall have the duty
to defend the City in any action to which the City is a part
which fails to allege specific actions by the City resulting
from its activities under this section, whether or not the same
claims damages for which the City is immune under Federal
or State law, including, but not limited to, Florida Statute
§768.28.
(d) The City shall give the telecommunications service provider
prompt notice of the making of any claim or the
commencement of any action, suit, or other proceeding
covered by the provisions of this section. Nothing in this
section shall be deemed to prevent City from cooperating
with the telecommunications service provider in participating
in the defense of any litigation by its own counsel at its sole
cost and expense.
(e) Nothing in this ordinance shall be construed to abrogate any
immunity under Federal or State law, including, but not
limited to, 47 U.S.C. §555a or Florida Statute §768.28.
Section 3. Consistent with Section 1.14 of Chapter 1, Code of
Ordinances, the sections, paragraphs, sentences, clauses and phrases of
this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional,
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Ordinance No. 6853-01
such determination shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
J e Hayman
ssistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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Ordinance No. 6853-01