01/07/2002
J, _ " t ,. 1 . ". ., .'
PRELIMINAR Y
(WS) AGENDA
MEETING
01/07/02
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - January 7, 2002
Convene as Pension Trustees:
1 . Call to Order
2. Minutes Approval - 12/10/01
3. Request for acceptance into membership:
John Mehrle, Maintenance Worker II/General Support Services
Patricia Brady, Staff Assistant I/Marine
Joyce Hunt, Accountant/Finance
Efrain Pizano, Custodial Worker/Parks & Recreation
Suzanne Melton, Staff Assistant 1/ General Support Services
Michael Evans, Parks Service Technician I/Parks & Recreation
Debbie Shires, WWTP Operator Trainee/Parks & Recreation
Joshua Meyer, Courier/Public Communications & Marketing
Wayne Wells, Senior Planner/Planning & Development Services
Donna Armen, Staff Assistant I/General Support Services
Stephen Bell, Utilities Chemist/Public Utilities
Sherry Hunt, Police Office Specialist/Police
Brian St. Lawrence, Solid Waste Worker/Solid Waste
Rodney Ferguson, Solid Waste Worker/Solid Waste
Daniel Rivera, Solid Waste Worker/Solid Waste
Wendell Akins, Mechanic II/General Support Services
4. Regular Pension(s) to be granted: James Centilli, Fire Department and Audrey Meunier, Customer
Service Department
5. Pension(s) to be vested: Lester Rent, Public Utilities Department
6. Other Business
7. Adjourn
Reconvene Worksession
PUR PURCHASING
1. Purchase contract - LP propane tanks during the contract period 01/11/02 thru 01/31/03,
American Tank and VI/elding, $65,000
2. Purchase contract - bulk cement delivered during January 11, 2002 thru January 31, 2003,
Holnam, Inc, $60,000
3. Purchase 2002 MADVAC 101-0 litter collection vehicle, Florida Municipal Equipment, $39,978
4. Purchase 2002 GMC Safari 8-passenger van, Gerber Auto Mall, $20,082
5. Purchase two 2002 Chevrolet Suburban 2500 trucks, Gerber Auto Mall, $64,403
, 6. Donation for Clearwater Homeless Intervention Project (CHIP), $100,000
PLD PLANNING
1. Direction re Community Development Code Amendments (WSO)
GAS CLEARWATER GAS SYSTEM
1. Approve the transfer of Gas System funds in the amount of $1,050,000 between capital
improvement projects of the Gas Fund (Consent)
01/07/02
1
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GS GENERAL SUPPORT SERVICES
1. Approve designation of two automated side-loading refuse collection vehicles as surplus and
authorize the sale of these vehicles to the City of Dunedin for $ 30,000 (Consentl
2. Award a contract to Ringhaver Equipment Co. of Tampa, Florida, in the amount of $36, 273 for
the purchase of (1) Caterpillar 277 Loader, in accordance with Sec. 2.561 code of ordinances-
low bid, authorize funding through the City's master lease purchase agreement, and authorize
trade-in of replaced unit (Consentl
LIB LIBRARY
1. Approve a lease between Arnold-Brown Properties and the City for the structure and premises at
121 North Osceola Avenue at a rental of $8,792.50 per month ($105,510.00 annually) plus
estimated property taxes of $25,865.00 annually for a period of two years for use as a
temporary Main Library facility at a total estimated cost of $262,750.00 (Consent)
PR PARKS AND RECREATION
1. Approve Parks and Recreation Board recommendation naming City property located at 900 North
Greenwood Avenue, "North Greenwood Recreation/Aquatic Complex", approve naming of the
Aquatic Center the Ray E. Green Aquatic Center and name the recreation center the Dr. Joseph
L. Carwise Recreation Center
2. Update regarding Site Selection for Stadium (WSO)
PW PUBLIC WORKS
1. Sewer System Improvement Update Presentation (WSO)
2. Award a contract to Ridin Pipeline Services Inc., in the amount of $130,000 for cleaning and
inspection of the wastewater interceptor system (15" and larger) at various locations throughout
the City of Clearwater (Consent)
3. Public Hearing & First Reading Ord #6930-02 vacating the northerly 3 feet of the 10 foot
drainage and utility easement lying along the south property line of Lot 10, Block "B", Northwood
Estates Tract "C", (AKA 3089 Cascade Drive), as recorded in Plet Book 75, Page 65, of the
Official Records of Pinellas County, Florida (V2001-26 Hook)
4. Ratify and Confirm the City Manager's approval of an increase of a purchase order to clean the
12" force main from sanitary sewer pump station #55 for the Wastewater Collection Division of
Public Utilities, for Professional Piping Services, of Zephyrhills, FL, from the previously approved
amount of $14,832 to the requested amount of $ 59,282 (Consent)
ClK CITY CLERK
1. Beautification Committee - 1 Appointment
2. Airport Authority - 1 Appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord #6834-01 - Vacating four street right-of-way portions: Parcel A-1 (a portion of the right-of-
way of Prospect Avenue), Parcel A-2 (a portion of the right-of-way of Prospect Avenue), Parcel
A-3 (a portion of the right-of-way of Prospect Avenue), and Parcel A-4 (a portion of the right-of-
way of Park Street) - Mediterranean Village on the Pond (City of Clearwater) V2001-16
2. Ord #6906-02 - Annexation (& redefining boundary lines of City to include said addition), 1 262
Brookside Road, lot 12, Lake Lela Manor 1 st Addition (Eric M & Calista A Zebley) ANX 01-09-27
01/07/02
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3. Ord #6907-02 -Future Land Use Plan Amendment as Residential Low for certain real property
located at 1262 Brookside Road, Lot 12, Lake Lela Manor 1 st Addition (Eric M & Calista A
Zebley) ANX 01-09-27
4. Ord #6908-02 - Zoning as Low Medium Density Residential (LMDR), 1262 Brookside Road, Lot
12, Lake Lela Manor 1 st Addition (Eric M & Calista A Zebley) AN X 01-09-27
5. Ord #6913-02 - Future Land Use Plan Amendment from Residential/Office General to Residential
Urban, 807 Jeffords Street, Lot 7, Block 3, Milton Park Subdivision lEdsel 0 & Vicki A Hargis}
LUZ 01-09-07
6. Ord #6914-02 - Zoning from Office (0) to Medium Density Residential lMDR), 807 Jeffords
Street, Lot 7, Block 3, Milton Park Subdivision (Edsel 0 & Vicki A Hargis) LUZ 01-09-07
7. Ord #6919-02 - Vacating the West 5 feet of the drainage and utility easement lying along the
east property line of Lot 48, Cypress Bend of Countryside Unit 1, less the South 5 feet and the
North 5 feet thereof (Malkasian) V2001-25
8. Ord #6920-02 - Approve technical amendments to Sections 32-032 and 32-042 of Chapter 32,
Code of Ordinances; making technical corrections by changing term telecommunications to
providers of communications services
9. Ord #6927-02 - Amending provisions relating to the Community Relations Board
10. Ord #6929-02 - Establishing a schedule for the use of water outdoors; enforcement procedure
and penalities
11. Ord #6784-01 - Annexation 1& redefining boundary lines of City to include said addition), 160 1
Druid Road, Sec. 14-29-15, M&B 43.12 & 43.16 lCharles & Dorothy E. Hammrick, Richard L.
Kamensky and Elizabeth Plecker} ANX 01-12-03
12. Ord #6785-01, - Land Use Plan Amendment to Residential Urban, 1601 Druid Road, Sec 14-29-
15, M&B 43.12 & 43.16 (Charles & Dorothy E. Hammrick, Richard L. Kamensky and Elizabeth
Plecker) ANX 01-12-03
13. Ord #6786-01 - Low Medium Density Residential LMDR Zoning, 1 601 Druid Road, Sec. 14-29-
15, M&B 43.12 & 43.16 (Charles & Dorothy E. Hammricl{, Richard L. Kamensky and Elizabeth
Plecker) ANX 01-12-03
Resolutions
1. Res #02-01 assessing a lien against 1109 Tangerine Street in the amount of $6,630.12 for the
costs of demolition incurred in removing a dangerous structure without the consent of owner
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1 . Homeless Issues
2. Schedule review of Commission Policies
3. Draft ordinance requiring Commission approval of buildings 100 feet or more in height on
Clearwater Beach.
Presentation(s} for Thursday Night
1. The Beautification Committee of the Parks and Recreation Department - Meridian on Sand Key
2. Elder Ready Community Resolution
3. Cynthia Fox, Director Public Communications & Marketing - Pinellas Cares Program
Other Commission Action
Adjourn
01/07/02
3
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fjOl
~ Clearwater
u
DATE:
Bill HOllle, City t\1anager
Cyndi Tarapani, Director of Plannin<]JY
December 28,2001
TO:
FROM:
RE:
Annual Review of Comlllunity Development Code
Since the passage of the new Community Development Code, the Planning Department
has been charged with reviewing the Code on an annual basis to detennine if any
additions, deletions, or revisions are needed to improve the administration of the Code or
-regulations imposed. Over the past year, the Planning Department has been compiling a
list of issues associated with the Code. Suggested mnendments have been collected fronl
various departments including Planning, Development Services and Parks and
Recreation, as well as the City COnl111ission, Community Development Board and
citizens.
The Planning Department is recommending a number of amendnlents to the Community
Development Code. Two lists of proposed amendments are attached for your review.
One includes anlendments to the entire Code and the other focuses only on the sign
regulations. Each list includes policy issues, as well as minor revisions that are editorial
in nature, provide additional flexibility, eliminate conflicting provisions or refine existing
provisions. Included in that list are also amendments that were suggested by citizens or
hoard members and whether or not the Planning Department recommends the inclusion
of the amendment.
Below please find the issues that the Planning Department has identified as a change in
current policy or a new policy issue that requires direction from the City Commission.
Also please find several proposals that were suggested by citizens or board members that
are not recommended by the Planning Department.
1
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Issues from the Comprehensive List of Amendments
Article 2 - Zoning Districts
· Revise diagrams illustrating setback requirements in all zoning districts by renaming
accessory uses to accessory structures and eliminating reduced setbacks speci fically
for accessory structures in the finnt setback in all districts.
· Add social and community centers as minimum standard and flexible standard uses in
the Downtown, Tourist and Commercial Districts to recognize existing social and
community centers in those districts. The Code cunently only pelTIlits them in the
Institutional District.
· Delete marinas/marina facilities as minimum standard and flexible standard uses in
the Commercial, Tourist, Downtown and Institutional Districts and require them to be
flexible uses. Require docking facilities associated with marinas/marina facilities to
be in compliance with the new commercial dock provisions.
· Consider making the City Commission the review body for any building exceeding
100 feet in height in the Tourist District. The only projects that could exceed 100 feet
in height are those requesting use of the density pool and/or using transfer of
development rights. Beach by Design requires Commission approval of any project
using the density pool; therefore the Commission has the ultimate authority of those
projects. The Comnlission does not have review authority for the use of transfer of
developlnent rights (TDR's); therefore, this amendment would only apply to those
projects using TDR's.
Article 3 - Development Standards
· Add deviation provisions for multi-use docks 500 square feet in size or smaller
consistent with the deviations procedures established for docks for single and two
family dwellings. These procedures would allow deviations if adjacent property
owners agree or through a flexible standard review process if they do not agree.
· Add provision that requires boats to be secured within property boundary lines if
attached to davits. This requirement is being added because davits are exempt
from dock setback requirements and clarification is needed that boats should not
extend over property lines extended into the water.
· Prohibit chain link fences in the Downtown District to be consistent with the
design theme and character established in the Downtown Design Guidelines.
· Require all vending nlachines to be located within a building. The Code currently
allows these to be located outside if they are placed under a roof. A provision is
also proposed that permits vending machines to be located on parkland outside of
a building provided they arc centrally located within the park area.
2
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· Allow developed multi-family and commercial properties to be eligible for the
25% tree replacement credit that cun-ently exists for undeveloped multi-family
and commercial properties. In many instances once a property is developed there
is not sufficient room to accommodate the required inch per inch tree
replacement.
· Add provision that requires the methodology and findings of a parking demand
study to be in accordance with accepted traffic engineering principles and to be
approved by the Community Development Coordinator.
· Add provision that requires seawalls to be maintained and one that declares un-
maintained and unsafe seawalls a nuisance.
· Expand nuisance provision to prohibit the growth of shrubs and vegetation, in
addition to weeds or trash, within the right-of-way. This amendment will require
the removal a wider variety of debris from sidewalks, etc. by the abutting property
owner.
· Add an incentive for the placement of telecommunication towers on city property.
Acceptable towers sites should be identified in advanced and pemlitted through a
flexible standard approval process instead of a flexible approval (submitted by the
Community Development Board and telecommunication industry). Add
requirement that towers must be designed to reduce visual impacts of tower.
Discussion is also needed with regard to the permitted height requirements of
towers (requested by City Conlmission). Also determine whether
telecommunication provisions should prohibit lattice and guy wire towers and
only pennit monopole towers.
· Add provision for Community Development Coordinator to allow PODS In
emergency situation for duration of emergency repairs.
Article 4 - Development Review and Other Procedures
· Eliminate the option that a plat of record be allowed to be subnlitted with an
application for development approval. A survey of the property will be the only
acceptable means of depicting the property.
· Revise Hearing Officer appeals provisions so the only information that can be
used is that which was presented during the original hearing. No additional
"new" infommtion may be introduced into the appeal. Also need to describe the
format of the final decision of the Hearing Officer.
· Require evidence of the recording of the final plat be submitted prior to the
issuance any building permit instead of the issuance of a certificate of occupancy.
3
· To gain consistency with the Countywide Rules, provisions should be added to
specify that that transfer of development rights may only be lIsed within approved
Community Redevelopment Areas and to protect architecturally significant
structures, historic structures, and environmentally sensitive areas. Require that
the sending site meet all property maintenance standards. The [olIowing options
should be discussed regarding height of structures that involve TDR's: create a
calculation that ties the number of units transfelTed to allowable height of
development (a sliding scale method); (2) eliminate any extra height; or (3)
reduce allowable height increase from 50% to 20%, which is the percentage of
density increase allowed on the receiving site. (Height concerns submitted by
Commissioner Jonson.)
Article 7 Enforcement Proceedings and Penalties
· Delete provision that allows a notice of violation to be deemed withdrawn ifprior
to the hearing the violation is corrected and does not occur again within six
month.
4
Issues from the List of Amendments to the Sign Regulations
Division 18 of Article 3 Development Standards
· Eliminate option that pennits neutral sign panels to be used within an abandoned
sign structure. The elimination of this option would require reliance on the other
option, which would require an abandoned sign and/or nonconfom1ing sign
structure to be removed.
· Add provision that permits higher freestanding signs at elevated intersections.
This proposed amendment is needed to address the identification needs of
property that will be located adjacent to proposed overpasses along U.S. 19.
· Clarify that only businesses that have exterior entrances are allowed to have
attached and/or freestanding signs. Those buildings where tenant access is from
the building interior (e.g. office building) may only have one attached and
freestanding sign.
· Add provision that requires all signage to be architecturally integrated into the
building and/or site. This includes design features and materials.
· Eliminate cap (two times the total area of sign faces permitted under the minimum
standards) imposed on sign area through the Comprehensive Sign Program and
replace with a provision requiring signage to be proportional to the facade of the
building and/or site.
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.
Add definition of sign maintenance so there is a limit on the amount of repairs
that can be made to nonconfonlling signs. If such limit is not imposed, it
nonconfonning signs can continually be repaired and never made to comply with
the cun-ent sign ordinance.
Amendments Submitted that Planning Department Does not Recommend
II Exclude certain "structures" from setback requirements sllch as sidewalks,
parking lots, pool decks, pavers, etc. (submitted by Community Development
Board Member Ivlazur). This amendment was proposed because the old code did
not require at-grade structures to comply with setbacks and because public notices
have confused many people. The Planning Department has changed the way in
which it advertises deviations related to at grade structures and during the code
update last year, parking lot setbacks in the front yard were reduced from 25 feet
to 15 feet as staff level review. The Planning Department believes this issue has
been resolved.
· Address spill lighting that occurs from the building interior (submitted by
Commissioner Jonson). The Legal Department reviewed this issue and indicated
that it would be difficult to enforce if a certificate of occupancy has already been
issued. An existing nuisance provision (Section 3-1503.B.9) could possibly deal
with extreme cases; however, it will be very difficult to enforce on lighting
emanating from inside buildings. For new development, this potential issue could
be addressed at site plan review. Due to the difficulty in enforcing this, it should
be determined if this is a citywide issue that needs to be addressed. [Any lighting
intruding on turtle nesting areas may, however, be regulated.]
. Delete provisions related to noise associated with sound bucks that permit speech
or nlusic to emanate up to 100 feet in any direction due to difficulty of
enforcement. (Issue was raised by Dave Campbell due to noise associated with
ice cream trucks.) This has not been a citywide problem and the solicitation
provisions limit the sale of products from a vehicle within specific areas of the
City (Cleveland St., the Beach, Sand Key, Memorial Causeway and downtown
core), therefore, Planning Department does not recommend this change.
. Regulate "play equipment" as an accessory use (submitted by Sandy Curry). The
Planning Department does not recommend change since no building permit is
issued for such equipment and it would be very difficult to enforce.
· Create a separate new section in the sign ordinance that only regulates malls and
shopping centers exceeding 15 acres (proposed by Sembler Company and Collier
Amolds). In addition to larger and more signage, the proposal would onlY allow
currently prohibited signs on these sites, i.e. roof signs, portable signs, changeable
copy signs, numerous banners, etc. The Planning Department does not
recommend incorporating the proposed provisions because it would treat this type
of retail differently from other retail and would result in visual clutter due to the
5
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extreme number, size and height of proposed signage. The Planning Department
recognizes, however, that larger and/or additional signage may be appropriate on
large-scale properties and the current limit on twice the allowable signage through
the Comprehensive Sign Program is too limiting. The Planning Department is
therefore recommending that this cap be eliminated, which will permit
applications to increase signs in proportion with buildings and sites. This
provision will also be available for all development within the City and can be
used for any pem1itted sign. This will be of value to all businesses within the City
and can also specifically be used to increase the size of theater marquees, which
has been problematic in the past.
cc: Garry Brumback, Assistant City Manager
6
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(
AGREEMENT
FOR
PROFESSIONAL SERVICES
,
made and entered into on the day of
by and between the City of Clearwater,
This AGREEMENT
is
Florida (CITY) and
(ARCHITECT) .
WITNESSETH:
WHEREAS the CITY desires to engage the ARCHITECT to
certain professional services pertinent to such
accordance with this Agreement; and
perform
work in
WHEREAS the ARCHITECT desires to provide such professional
services in accordance with this Agreement; and
WHEREAS the CITY selected the ARCHITECT in accordance with the
competitive selection process described in Section 287.055 of the
Florida Statutes I and based on information and representations
given by the ARCHITECT in a proposal dated October 18, 2001:
NOW, THEREFORE, in consideration of the premises and the mutual
benefits which will accrue to the parties hereto in carrying out
the terms of this Agreement, it is mutually understood and agreed
as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ARCHITECT to the CITY will be that
of a professional consultant, and the ARCHITECT will provide
the professional and technical services required under this
Agreement in accordance with acceptable architectural
practices and ethical standards.
2.0 PROFESS~ONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ARCHITECT to work with
and for the CITY toward solutions to architectural problems
and the approach or technique to be used toward
1
accomplishment of the City's objective for each project or
assignment. Representative assignment areas are expected to
include, but not be limited to, planning, studies or design
services as listed below:
1. Preparation of construction drawings, specifications and bid
documents for parks and recreation facilities, playgrounds
and aquatic centers, including but not limited to:
. structural engineering elements
. parking facilities
· utility infrastructure, including water, wastewater,
natural gas, storm water and reused water
2. land surveying activities, aerial target placement,
topographic surveys, parcel descriptic~s/parcel sketches
3. architectural services
4. review and assessment of the applicability of design/build
contracts for various CITY improvements, preparation of
permit application packages
5. studies of recreational facility improvements, including
expansion or improvements to existing facilities as well as
development of new facilities: includes possible preparation
of construction documents (including permits) and
construction management
6. other work as may be reasonably required under the general
scope of professional and technical architectural services
in connection with the CITY's parks and recreations systems.
2.2 The ARCHITECT'S services under this Agreement will be
provided under Work Orders, generally, each Work Order will
include the services for a single project or assignment, and
it will contain a mutually agreed-upon detailed scope of
work, fee, and schedule of performance in accordance with
applicable fiscal and budgetary constraints. Total
compensation for all services shall not exceed $100,000 per
Work Order unless specifically authorized by the City
Commission.
2.3 The ARCHITECT shall maintain an adequate and competent staff
of professionally qualified personnel available to the CITY
for the purpose of rendering the required architect services
hereunder, and shall diligently execute the work to meet the
completion time established.
2.4 The CITY reserves the right to enter into contracts with
other architect firms for similar services _ The ARCHITECT
will, when directed to do so by the CITY, coordinate and
work with other architectural firms retained by the CITY.
3.0 PERIOD OF SERVICE
3.1 The ARCHITECT shall begin work promptly after receipt of a
fully executed copy of each Work Order, in accordance with
2
Paragraph 2.2, above. Receipt of a fully executed Work
Order shall constitute written notice to proceed.
3.2 If the ARCHITECT'S services called for under any Work Order
are delayed for reasons beyond the ARCHITECT'S control, the
time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement
continue in force until five (5) years from the date of
execution, subject to the provisions for termination
contained herein. Assignments that are in progress at the
Contract termination date will be completed by the ARCHITECT
unless specifically terminated by the CITY.
4.0 INSURANCE REOUIREMENTS
See Exhibit \\ B" at tached.
5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION
ACT (CCNA) - Florida Statue 287.055
Professional Services requested in this RFP are within the
scope of the practice of architecture, landscape
architecture, as defined by the laws of the State of
Florida. Provisions of F.S. 287.055 apply.
3
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings,
specifications, calculations, etc., supplied by the ARCHITECT
shall become the property of the CITY. The CITY acknowledges
that such document s are not intended or represented to be
suitable for use by the CITY or others for purposes other than
those for which the documents are prepared. Any reuse of
these documents without written verification or adaptation by
the ARCHITECT for the specific purpose intended will be at the
CITY's sole risk without liability or legal exposure to the
ARCHITECT.
6.2 When authorized, the ARCHITECT shall prepare a final
estimate of probable construction costs, following CITY
approval of the bid documents and other prebid activities.
The CITY hereby acknowledges that estimates of probable
construction costs cannot be guaranteed, and such estimates
are not to be construed as a promise that designed
facilities will not exceed a cost limitation. Should the
lowest, responsive and acceptable bid price received by the
CITY within three (3) months from the date of the CITY's
approval of the bid documents exceed the ARCHITECT'S final
cost estimate by more than ten percent (10%) I the ARCHITECT
shall perform a detailed evaluation of the low bid. The
evaluation will review the bid prices on a line item basis,
identifying areas of disagreement and providing a rationale
for the difference.
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6.3 The ARCHITECT will provide expert witnesses, if required, to
testify in connection with any suit at law. A supplemental
agreement will be negotiated between the CITY and the
ARCHITECT describing the services desired and providing a
basis for compensation to the ARCHITECT.
6.4 Upon the ARCHITECT'S written request, the CITY will furnish
or cause to be furnished such reports, studies, instruments,
documents, and other information as the ARCHITECT and CITY
mutually deem necessary.
6 . 5 The CITY and the ARCHITECT each bind themselves and their
successors, legal representatives and assigns to the other
party to this Agreement and to the partners, successors,
legal representatives and assigns of each other party, in
respect to all covenants of this Agreement; and, neither the
CITY nor the ARCHITECT will assign or transfer its interest
in this Agreement without written consent of the other.
6.6 The ARCHITECT hereby agrees to indemnify, defend, save and
hold harmless the CITY from all claims, demands, liabilities
and suits caused by any negligent act, error or omission of
the ARCHITECT and/or ARCHITECT'S subcontractors, agents, or
employees in rendering the professional services called for
herein. It is specifically understood and agreed, however,
that this indemnification agreement does not cover or
indemnify the CITY for its own negligence. The ARCHITECT
hereby further agrees to indemnify, defend, save and hold
harmless the CITY from any and all fines, costs, and
expenses caused by, directly or indirectly, with the
ARCHITECT'S failure to comply with any applicable laws,
statutes, ordinances, or government regulations.
6 . 7 The ARCHITECT agrees not to engage the services of any
person or persons in the employ of the CITY to an allied
capacity, on either a full or part-time basis, on the date
of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to CITY projects by the ARCHITECT
shall not be removed from the proj ects until al ternate
personnel acceptable to the CITY are approved in writing by
the CITY. Key personnel are identified as:
6.9 The ARCHITECT shall attach a brief status report on the
project(s) with each request for payment.
7.0 COMPENSATION
7.1 The ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of
each Work Order, upon presentation of ARCHITECT'S invoice.
An hourly rate schedule and typical methods of compensation
are attached hereto as Exhibit " e" .
4
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7.2 Except as may be addressed in the initiating Work Order, the
compensation for services shall be invoiced by the ARCHITECT
and paid by the CITY once each month. Such invoices shall
be due and payable upon receipt.
7.3 The ARCHITECT agrees to allow full and open inspection of
payroll records and expenditures in connection with hourly
rate and cost plus fixed fee work assignments upon request
of the CITY.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ARCHITECT warrants that it has not employed or retained
any company or person, other than a bona f ide employee
working solely for the ARCHITECT to solicit or secure this
Agreement and that it has not paid or agreed to pay any
persons, company, corporation, individual or firm, other
than a bona fide employee working for the ARCHITECT any fee,
commission, percentage, gift, or any other consider.ation,
contingent upon or resulting from the award or making of
this Agreement.
9 . 0 TERMINATION
This Agreement may be terminated by either party with seven
(7) days prior written notice, in the event of substantial
failure to perform in accordance with the terms hereof by
the other party through no fault of the terminating party.
If this Agreement is terminated, the ARCHITECT shall be paid
in accordance with the provisions of outstanding Work Orders
for all work performed up to the date of termination.
10.0 SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended,
canceled, or abandoned by the CITY, without affecting any
other Work Order or this Agreement, the ARCHITECT shall be
given five (5) days prior written notice of such action and
shall be compensated for professional services provided up
to the date of suspension, cancellation or abandonment.
This Agreement shall be administered and interpreted under
the laws of the State of Florida.
5
11.0 TERMINATION OF CONVENIENCE
Either the CITY or the ARCHITECT may terminate the Agreement
at any time by giving written notice to the other of such
termination and specifying the effective date of such
termination at least thirty (30) days before said
termination date. If the Agreement is terminated by the
CITY as provided herein, the ARCHITECT will be paid for
services rendered through the date of termination.
6
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the date and year first above written.
By:
WITNESS:
By:
Countersigned:
CITY OF CLEARWATER
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Approved as to form and
correctness:
ATTEST:
Jane C. Hayman
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
By:
Agreement Prof. Services - Architect
7
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EXHIBIT " B"
CITY OF CLEARWATER
RISK MANAGEMENT/INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE
The City of Clearwater enters into agreements and contracts for
services and/or products of other parties.
Agreements and contracts shall contain Risk Management/Insurance
terms to protect the City'S interests and to minimize its poten-
tial liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED
The term City (wherever it may appear) is defined to mean the
City itself, its Commission, the Community Redevelopment Agency
of the City of Clearwater, a Florida governmental agency created
pursuant to Part III, Chapter 163, Florida Statutes, its duly
appointed officers, or other public bodies, officers, employees,
volunteers, representatives and agents.
OTHER PARTY DEFINED
The term other party (wherever it may appear) is defined to mean
the other person or entity which is a party to an agreement or
contract with the City, any subsidiaries or affiliates, officers,
employees, volunteers, representatives, agents, contractors, and
subcontractors.
HOLD HARMLESS
The City shall be held harmless against all claims for bodily
injury, sickness, disease, death or personal injury or damage to
property or loss of use resulting therefrom, arising out of the
agreement or contract unless such claims are a resul t of the
City's sole negligence.
PAYMENT ON BEHALF OF CITY
The other party agrees to pay on behalf of the City, and to pay
the cost of the City'S legal defense, as may be selected by the
City, for all claims described in the Hold Harmless paragraph.
1
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Such payment on behalf of the City shall be in addition to any
and all other legal remedies available to the City and shall not
be considered to be the City'S exclusive remedy.
INSURANCE
The other party shall provide the following described insurance,
except for coverages specifically waived by the City, on policies
and with insurers acceptable to the City.
These insurance requirements shall not limit the liability of the
other party. The City does not represent these types or amounts
of insurance to be sufficient or adequate to protect the other
party's interests or liabilities, but are merely minimums.
Except for workers' compensation and professional liability, the
other party's insurance policies shall be endorsed to name the
City as an additional insured to the extent of the City'S inter-
ests arising from this contract or agreement.
Except for workers' compensation,
right of recovery against the Ci ty,
its insurance policies.
the other party waives its
to the extent permitted by
The other party shall request that its insurers' policies include
or be endorsed to include a severability of interests/cross lia-
bility provision so the City will be treated as if a separate
policy were in existence without increasing the policy limits.
The other party's deductibles/self-insured retentions shall be
disclosed to the City and may be disapproved by the City. They
shall be reduced or eliminated at the option of the City. The
other party is responsible for the amount of any deductible or
self-insured retention.
Workers. Compensation Coverage
The other party shall purchase and maintain workers' compensation
insurance for all workers compensation obligations imposed by
state law and employers liability limits of at least $100,000
each accident and $100,000 each employee/$500,000 policy limit
for disease.
The other party shall also purchase any other coverages required
by law for the benefit of the employees.
2
General. Automobile and Excess or Umbrella Liability Coverage
The other party shall purchase and maintain coverage on forms no
more restrictive than the latest editions of the Commercial or
Comprehensive General Liability and Business Auto policies of
the Insurance Services office.
Minimum limits of $500,000 per occurrence for all liability must
be provided, with excess or umbrella insurance making up the
difference, if any, between the policy limits of underlying poli-
cies (including employers liability required in the Workers' Com-
pensation Coverage section) and the total amount of coverage
required.
Commercial General Liability
If Commercial General Liability coverage is provided:
Coverage A shall include premises,
completed operations, independent
liabil i ty covering this agreement
form property damage coverages.
operations, products and
contractors, contractual
or cont ract , and broad
Coverage B shall include personal injury.
Coverage C medical payments, is not required.
Occurrence Form
The occurrence form of Commercial General Liability must be
provided.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it shall
include at least:
Bodily injury and property damage liability for prem-
ises, operations, products/completed operations,
independent contractors, and property damage resulting
from explosion, collapse or underground (x, c, u)
exposures.
Broad Form Comprehensive General Liability coverage, or
its equivalent, with at least:
Broad form contractual liability covering this
agreement or contract, personal injury liabili ty and
broad form property damage liability.
3
Products/Completed Operations Coverage
The other party is required to continue to purchase products
contract or agreement, for a minimum of three years beyond
the City I S acceptance of renovation or constr.uction
projects.
Business Auto Liability
Business Auto Liability coverage is to include bodily injury
and property damage arising out of operation, maintenance or
use of any auto, including owned, nonowned and hired auto-
mobiles and employee nonownership use.
Watercraft/Aircraft Liability
If the other party's provision of services involves utiliza-
tion of watercraft or aircraft, watercraft and/or aircraft
liability coverage must be provided to include bodily injury
and property damage arising out of ownership, maintenance or
use of any watercraft or aircraft, including owned, non-
owned and hired.
Excess Or Umbrella Liability
4
Umbrella Liability insurance is preferred, but an Excess
Liability equivalent may be allowed. Whichever type of
coverage is provided, it shall not be more restrictive than
the underlying insurance policy coverages.
CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of
Insurance which provide that the City shall be notified at least
30 days in advance of cancellation, nonrenewal or adverse change.
New Certificates of Insurance are to be provided to the City at
least 15 days prior to coverage renewals.
If requested by the City, the other party shall furnish complete
copies of the other party's insurance policies, forms and
endorsements.
The address where all such Certificates of Insurance and policies
of insurance, when requested, shall be sent or delivered is as
follows:
City of Clearwater
Attention: City Clerk
P.o. Box 4748
Clearwater, FL 33758-4748
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For Commercial General Liability coverage the other party shall,
at the option of the City, provide an indication of the amount of
claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certificates or other documentation of insurance or
policies or copies of policies by the City, or by any of its
representatives, which indicate less coverage than required does
not constitute a waiver of the other party's obligation to
fulfill the insurance requirements herein.
INSURANCE OF THE OTHER PARTY PRIMARY
Insurance required of the other party or any other insurance of
the other party shall be considered primary, and insurance of the
City shall be considered excess, as may be applicable to claims
which arise out of the Hold Harmless, Payment on Behalf of City,
Insurance, Additional Insurance and Certificates of Insurance
provisions of this agreement or contract.
LOSS CONTROL/SAFETY
Precaution shall be exercised at all times by the other party for
the protection of all persons, including employees, and property.
The other party shall be expected to comply with all applicable
laws, regulations, or ordinances related to safety and health and
shall make special efforts where appropriate to detect hazardous
conditions and shall take prompt action where loss control/safety
measures should reasonably be expected.
The City may order work to be stopped if conditions exist that
present immediate danger to persons or property. The other party
acknowledges that such stoppage will not shift responsibility for
any damages from the other party to the City.
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF
Applicable To Florida Construction Contracts
The other party agrees to accept, and acknowledges as an adequate
amount of remuneration, the consideration of $100.00 for agreeing
to the Hold Harmless, Payment on Behalf of City, Insurance and
Certificates of Insurance provisions in this agreement or
contract.
5
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ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS
If checked below, the City requires the following addi tional
provisions or types of insurance for repair or service or other
contracts to afford added protection against loss which could
affect the work being performed.
Commercial General Liability Increased General Aggregate Limit
The minimum commercial general liability general aggregate
limit shall be $ which is greater than the
occurrence. limit simply because it is an annual aggregate
limit.
Installation Floater Insurance
Installation Floater insurance is to be provided to cover
damage or destruction to equipment being installed or oth~r-
wise being handled or stored by the other party. The amount
of coverage should be adequate to provide full replacement
value of the equipment being installed, otherwise being
handled or stored on or off premises. All risks coverage is
preferred.
6
Motor Truck Cargo Insurance
If ,the Installation Floater insurance does not provide
transportation coverage, separate Motor Truck Cargo or
Transportation insurance is to be provided for materials or
equipment transported in the other party's vehicles from
place of receipt to building sites or other storage sltes.
All risks covered is preferred.
Contractor's Equipment Insurance
Contractor1s Equipment insurance is to be purchased to cover
loss of equipment and machinery utilized in the performance
of work by the other party. All risks coverage is
preferred.
Fidelity/Dishonesty Insurance - Coverage for Employer
Fideli ty jDishonesty insurance is to be purchased to cover
dishonest acts of the other party's employees, including but
not limited to theft of vehicles, materials, supplies,
equipment, tools, etc., especially property necessary to
work performed.
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Fidelity/Dishonesty/Liability Insurance - Coverage for City
Fidelity/Dishonesty/Liability insurance is to be purchased
or extended to cover dishonest acts of the other party's
employees resulting in loss to the City.
ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS
If checked below, the City requires the following types of insur-
ance for renovation or construction contracts, in addi tion to
required coverages previously cited, including Additional Insur-
ance for Repair or Service or Other Contracts.
Commercial General Liability Project Aggregate
Because the Commercial General Liability form of coverage
includes an annual aggregate limitation on the amount of
insurance provided, a separate project aggregate limit is
required by the City for this contract or agreement.
Owners Protective Liability
7
For renovation or construction contracts the other party
shall provide for the City an owners protective liability
insurance policy {preferably through the other party's
insurer} in the name of the City.
Builders Risk
Builders Risk insurance is to be purchased to cover the
property for all risks of loss, subject to a waiver of
coinsurance, including coverage of risks indicated in the
Installation Floater and Motor Truck Cargo insurance
previously described if such coverages are not separately
provided.
The Builders Risk insurance is to be endorsed to cover the
interests of all parties, including the City and all
contractors and subcontractors. The insurance is to be
endorsed to grant permission to occupy.
PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types
of insurance for professional, malpractice, and errors or omiss-
ions liability.
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-X- Hold Ha~less
The following replaces the previous Hold Harmless wording:
The City shall be held harmless against all claims for
bodily injury, sickness, disease, death or personal injury
or damage to property or loss of use resulting therefrom
arising out of performance of the agreement or contract,
unless such claims are a result of the City's own
negligence.
The City shall also be held harmless against all claims for
financial loss with respect to the provision of or failure
to provide professional or other services resulting in
professional, malpractice, or errors or omissions liability
arising out of performance of the agreement or contract,
unless such claims are a result of the City's own
negligence.
-1L Professional
Insurance
Liability/Malpractice/Errors
or
Omissions
The other party shall purchase and maintain professional
liability or malpractice or errors or omissions insurance
appropriate for the type of business of business engaged in
by the other party wi th minimum limits of $1,000,000 per
occurrence.
If a claims made form of coverage is provided, the retro-
active date of coverage shall be no later than the inception
date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by
a supplemental extended reporting period (ERP) of as great
duration as available, and with no less coverage and with
reinstated aggregate limits, or by requiring that any new
policy provide a retroactive date no later than the
inception date of claims made coverage.
WRITTEN AGREEMENT/CONTRACT
Any party providing services or products to the City will be
expected to enter into a written agreement, contract, or purchase
order with the City that incorporates, either in writing or by
reference, all of the pertinent provisions relating to insurance
and insurance requirements as contained herein. A failure to do
so, may, at the sole discretion of the City, disqualify any party
from performing services or selling products to the City
provided, however, the City reserves the right to waive any such
requirements.
8
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EXHIBIT " e"
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The OWNER shall pay ARCHITECT and ARCHITECT agrees to accept as
full compensation for its services (as established by Work Order)
compensation as computed by one of the following methods.
METHOD A - COSTS TIMES MULTIPLIER BASIS
Compensation in the form of actual costs times a multiplier as
determined by the following formula:
Actual raw Salary Cost x Multiplier + Subconsultant
Cost + Other Direct Costs.
Multiplier includes fringe benefit rate,
overhead, operating margin and profit and is subject to
annual review.
Subconsultant Costs are actual costs incurred times a
factor of 1.00. Actual costs shall be based on billing
rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel
outside of Tampa Bay area, printing, copying, long
distance telephone calls, etc., times a factor of 1.00.
METHOD B - LUMP SUM
Compensation in the form of "lump sum" shall be determined by
mutual agreement between the ARCHITECT and the CITY. The lump
sum amount shall be negotiated based upon a scope of services
developed by the ARCHITECT and approved by the CITY.
8
ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD I
FRINGE BENEFITS AND OPERATING MARGIN)
The estimated hourly rates below represent I
costs and categories. Periodic changes are anticipated
and modification can be made annually upon CITY and ARCHITECT
review. (Note: All rates are hourly salary rates) .
Job Classification
Minimum
Maximum
Specialty Subconsultants
B J.ng Rate
9
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PiD
List of COll111lUnity Dcvelopnlcnt Codc Issues
(Draft 12/27/01)
ARTICLE 2.
ZONING DISTRICTS
District Use Categories Chart
(1) Sec. 2
Chart. Correct scrivener errors on chart relating to Use Category
and District (Social/public service agencies need to be added to
"C" district deleted from "T" district and added to "0" district).
Add Neighborhood Conservation Overlay District to chart.
(2) Sec. 2
Chart. Delete Marinas facilities from "0" Office district as it is not
allowed in that district.
General Provisions
(3) Sec. 2
Dia2rams. RenanlC "accessory uses" to "accessory structures"
in all zoning district diagrams throughout tlte code. Eliminate
reduced setbacks specifically for accessory structures in the
front setback in all districts.
(4) Sec. 2
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from use tables from all residential and Mobile Home
Park zoning districts as it is not consistent with the
illustration/diagram.
(5) Sec. 2
Setback. Consider defining setback from manmade structure
setbacks and vertical structure setback. Need to redefine what
structure is (submitted by Community Development Board
Member Mazur). The Planning Department has resolved this issue
by clearer public notices and changes made for parking lot
setbacks in last, major code update.
(6) Sec. 2
Marinas. Delete Marinas and Marinas Facilities in Minimum
and Flexible Standards in the "C", "T", "D", and "I" districts
and place in Flexible development standards and add provision
that all docks must meet new Commercial Dock requirements.
Division 7. Comlnercial District
(7) Sec. 2-702
Vehicle Sales and Displays. Change parking requirement for
vehicle sales and display within the "C" district from 2.5
spaces/l,OOO of lot area to 2.5 spaces/I,OOO sf GFA in Minimum
1
* Bold indicates major policy issues.
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Development and Flexible Standard to make parking requirements
realistic.
(8) Sec. 2-702 Commercial Retail Sales and Service, Change typographical error
in Minimulll Development table regarding rear setback in
commercial retail sales and service from 120 feet to 20 feet.
(9) Sec. 2-703 Social and Community Centers. Currently only permitted in
the "I" district as a flexible and flexible standard development.
Add use as a Minimum Standard and Flexible Standard use in
the "D", "T", and "e" districts to recognize many existing uses
in those areas. Use same dimensional requirements as Retail
Sales and Service.
(10) Sec. 2-703.S.1 Utility Infrastructure. Remove flexible standard criteria in
Commercial district that prohibits above ground utility structures
that are located adjacent to a street right-of-way. Continue to
enforce setback requirements as required. (Also found in sections
2-802.R.l Tourist district, 2-905.0.1 Downtown district, 2-
1003.M.I Office district, 2-1203.N.l Institutional district, and 2-
1304.P.l Industrial, Research and Technology district).
Division 8. Tourist District
(11)
Buildine Heie:ht. Discussion needed regarding building
exceeding 100' in height to be approved by City Commission
(submitted by Commissioner Jonson). Planning Department
does not support this recommendation.
Division 10. Office District
(12) Sec. 2-1 003.F Offices. Side and rear setbacks. Add flexible criteria for side and
rear setback reduction for Offices in "0" district.
(13) See 2-1004. F Offices. Side and rear setbacks, Add flexible standard criteria for
side and rear setback reduction for Offices in "0" district.
Division 12. Institutional District
(14) Sec. 2-1203 Flexible Standard Uses. Place ALF, Nursing Homes, Social
Community/Social Centers, and Congregate Care as flexible
standard use and nexible critcria.
(15) Sec. 2-1203.B Airport. Reference 1999 Airport Master Plan study and incorporate
8hort- Term dcvelopmcnt projects within Flexible Standards and
2
* Bold indicates major policy issues.
Mid-Term development projects in Flexible section. All
development at City's Airpark mllst relate to Airport Master Plan.
Division 13. Industrial. Research~ and Technology District
(16) Sec. 2-1303
V ehic Ie Sales and Displays. Change parking requirements for
vehicle sales and display in district form 1.5/ 1,000 SF Lot Area to
1.5/1 ,000 SF GF A in Flexible Standard Development.
Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(17) Sec. 2-1601
Coachman Ridge Table 2-160l(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) Community
Residential Homes (6 or fewer residents)" and place "2" within
table next to Detached Dwellings under Use.
ARTICLE 3.
DEVELOPMENT STANDARDS
3
Division 2. Accessory Use/Structure
(18) See 3-201.BA Accessory Structures. Add definition that accessory structures are
to be placed behind the front edge of the principal structure.
(19) Sec. 3-201.10 Accessory Structures. Change to identify that in ground pool 12
inches or less above ground is classified as an accessory structure,
and identify that in ground pool and pools greater than 12 inches
above ground are classified as a principal structure above ground
pool. Renumber 3-201.10 to 3-201.11
Division 6. Dock Marina Standards
(20) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller.
(21) Sec. 3-601.C.1.n Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extcnded prOI)crty linc into
another propert)'. Add provision that boats must remain
within property boundary lines.
* Bold indicates Inajor policy issues.
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Division 7. Erosion and Siltation Control
(22) Sec. 3-702.B
Stabilization of Denued Areas. Reduce current time frame that
allows construction sites to be left denuded for 60 days after final
grade is established. Change to 30 days to reduce erosion.
Division 8. Fences and Walls
(23) Sec. 3-804
(24) Sec. 3-805
Fences. Change section "A" to include that fences in front of
principal structure are to be no higher than 36 inches. Change
section "B" to allow for fences to be no higher than 8 feet in the
IRT district, and all no higher than 6 feet in all other districts.
Chain Link Fences. Add provision to prohibit chain link fences
in the Downtown district.
Division 9. General Applicability Standards
(25) Sec. 3-902.D
(26) Sec. 3-904
(27) Sec. 3-908
(28) Sec. 3-915.C
(29) Sec. 3-916
Density Rounding. Add section "D" to comprehensive plan
densities/intensities that lot area calculations for number of units
allowed shall not be rounded up. Give example such as a property
that would be allowed 2.996 units would equate to 2 units.
Sight Visibility Triangle. Need to create a more standardized
number than complicated fonllula for distance of triangle. Create a
uniform nunlber in feet rather than detemlining type of intersection
and working formula from that.
Roof Overhang. Add section "E" to allow roof overhangs to extend
30 inches into required setback.
Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas.
Vendine; Machines. Add provision that "All vending machines
must be placed inside of businesses nnd out of view from right
of way. All vending machines located on pat'kland must, be
centrally located within the park aren." Remove sections 3-
916B.2-6~ as they will not be required with vending machines
located inside of businesses.
* Bold indicates major policy issues.
4
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Division 12. Landscaping/Tree Protection
(30) Sec. 3-1202.B.1 Trees. Change requirements to "Shade Tree I 0' height, 2.5"
caliper." The survival rate for 4" caliper trees is not as good as 2.5"
caliper trees and they use less water,
(31) Sec. 3-1202.C.] Trees. Change irrigation standards to "a permanent" automatic
irrigation system.
(32) Sec. 3-1204.D
(33) Sec. 3-1205.B
.2.a
Trees. Change perimeter buffers standards to installation of
"concrete" curbing "and" wheel stops.
Trees. Change protected tree or palm standards with respect to
"species", "tree structure", "competition", disease. Should consider
expanding prohibited trees beyond current listing to include all
non-desirable trees.
(34) Sec. 3-1205.D.5.f Tree Replacement. Add "developed" property to be eligible
for 250/0 credit in multi-family and commercial property.
(35) Sec. 3-1205.D
.5.g
(36) Sec. 3-1205.D
.5.h
(37) Sec. 3-1205.F
Wavier of Replacement Trees. Remove "City Manager" and
replace with "Community Development Coordinator."
Tree Replacement. Add section "h" that "the community
development coordinator may exempt the city from replacement
process for public utilities projects."
Trees. Add provision "It shall be unlawful to use tree spikes or
other devices which damage trunk tissue of protected trees."
Division 13. Outdoor Lighting
(38) Sec. 3-1302
Site Lighting. Remove reference "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels.
Division 14. Parking and Loading
(39) Sec. 3-1401.C Parkine Demand Stud". Add provIsion that requires all
parking demand study for reduced parking must be reviewed
and approved by the Community Development Coordinator.
(40) Sec. 3-1403.A Parking on Grass. Add "spaces" after parking lots. Specifics all
parking areas to be paved.
* Bold indicates major policy issues.
5
(41) Sec. 3-1403.8.1 Grass Surface. Delcte section 3-1403.8.1 III its entirety, and
renumber section 3-1403.8.2 to 3-1403.8.1
(42) Sec. 3-1407.A
.1.d
Parking in Residential Areas. Removc "Any scmi-tractor
trailer tmck or cab;" restriction as it is redundant to section 3-
1407 .A.3.
(43) Sec. 3-1407.A.2
Parking in Residential Areas. Change to read 'Within front setback
fi'om street to front of principal structure. The following vehicles
shall not be parked or stored, in whole or in part, within the front
setback in a residential zoning district." (submitted by Dave
Campbell )
(44) Sec. 3-1407.A
.2.d
Parking in Residential Areas. Remove "Any selni-tractor trailer
truck or cab;" restriction as it is redundant to section 3-1407.A.3.
(45) Sec. 3-1407.AA Grass Surface Parking. Add "and parallel" after "adjacent" to
better identify location for one designated parking space.
(46) See 3-1407.A.5 Grass Surface. Add new section "5" that "No parking, displaying,
or stOling of vehicles shall be pennitted on any grass surface or
other unpaved area zoned for any use unless specifically
authorized in this section."
Division 15. Property Maintenance Standards
(47) Sec. 3-1502.0.3 Exterior Storage. Change "may" to "shall." To clarify that
materials are not to be stored outside.
6
(48) Sec. 3-1502.KA Propeliy Maintenance. Add "and driveway" after "parking lot" to
maintain driveways.
(49) Sec. 3-1502.L Seawalls. Add section "L" "Maintenance of seawalls. All
seawalls shall be maintained in a structurally sound and safe
condition, free of cracks and spalling."
(50) Sec. 3-1503 Nuisance" Lightinf.!. Need to address lighting from inside
buildings that are illuminated outside. (subnlitted by
Commissioner Jonson) The Legal Department identified
Section 3-1503.B.9 as possible method to handle extreme cases,
but stated it would be very difficult to enforce if lighting
emanates from inside buildings. For new development, this
issue could be addressed at site plan review. Existing buildings
would be very difficult to retrofit after building has received
certificate of occupancy. Can regulate light if intruding on
turtle nesting areas.
* Bold indicates major policy issues.
(51) Sec. 3-1503
Nuisance, Seawalls. Add provision declaring un maintained
seawalls as a nuisance.
(52) Sec. 3-1503.B.5 Nuisance Swimming Pool. Change current wording "untended
and/or unfenced swimming pools" back to wording of old code
"hazardous swimming pools."
(53) Sec. 3-1503.B.8 Nuisances. Replace "weeds or trash" with "weeds, shrubs,
vegetation, trash, or any other obstruction extend." This will
allow for the removal a wider variety of debris from the
sidewalks.
(54) Sec. 3-1503.B.l 0 Nuisance Right-of- Way. Add "or easelnent" after "dedicated right-
of-way."
(55) Sec. 3-1508.C.6 Sound Trucks. Delete everything after "city" to prohibit any
type of amplifier or loudspeaker device on trucks or other
device. Citizen complained that Ice Cream Trucks should not
be allowed to emit any sounds within city (submitted by Dave
Campbell). Planning Department does not recommend this
change.
Telecommunication Towers. Add incentives for lower towers.
Discussion needed to consider reducing height of towers and
increasing the number of towers. (submitted by City
Commission)
Division 20. Telecommunication Towers
(56) Sec. 3-2001
(57) Sec. 3-2001
Telecommunication Towers. Add incentives for placing towers
on city property. Allow towers as flex standard application for
towers placed on city property tl1at has been identified as
acceptable areas for towers. (submitted by Community
Development Board)
(58) Sec. 3-2001.D.1 Telecommunication Towers. Clarify that burden of proof is on
the applicant to submit need for new tower.
(59) Sec. 3-2001.D
.4.h
Telecommunication Towers. Add requirement that tower must
meet/incorporate ways to reduce visual impacts technology in
the construction of towers and facilities. Discussion needed to
determine if only monopole type towers will be allowed within
city and prohibit lattice/guide-wire type towers.
* Bold indicates Inajor policy issues.
7
. ~".' ,< . I : ~ . ~ , . . ' h} . . .. I ,r ..'.' .' ~.'. . : ' , ~, . I , , . I ':", . . , '\ '..' ,
Division 21. Ten1porary Uses
(60) Sec. 3-2103.B.3 PODS. Add provIsIOn for Community Development
Coordinator to allow PODS in emergency situation for
du ration of emergency repairs.
ARTICLE 4.
DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. Applications for Development Approval
(61) Sec. 4-206 Pelmitted Uses: Level One Chart. Remove "developmenC' and
replace with "standard" on notice to adj acent property owners.
(62) Sec. 4-202.A.7 Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications."
(63) Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only". ..proposed for development.
(64) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing.
(65) Sec. 4-505.A Hearing Officer Appeals. Revise so that the only information
that can be presented at appeal hearing is the information
presented during the original City hearing. No additional
information may be used.
(66) Sec. 4-505.D Hearing Officer ApDeals. Change paragraph "D" to describe
format that the Hearing Officer will include in his final
decision.
Division 7. Subdivisions/Plats
(67) See 4-702
Required approvals. Rctuove last sentence of paragraph.
(68) Sec. 4-708.C
Recordine of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Changes time frame
for when plat must be completed to prior to building permit.
8
* Bold indicates major policy issues.
<o~,,'L. :. ,
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Division 12. Tree Renloval Pennit
(69) Sec. 4-1202.AA Removal Permit Application. Remove this requirement. Signature
on Removal Pennit Application is a Level 1 approval. Renumber
remaining sections.
Division 13. Land Clearing and Grubbing
(70) Sec. 4- 130 I
Pennit Required. Remove "except when.. .redevelopmentproject."
Section 3-1913A requires a permit for removal of existing
structures.
Division 14. Transfer of Developlnent Rights
(71) Sec. 4-1401 Transfer of Development Ri2hts. Add to Purpose and
authority section two (2) areas for TORs. " TORs use includes
the following; (1) the extension of goals and policies of
Community Redevelopment Areas, and (2) the protection of
Architecturally Significant Structures, Historic Structures, and
Environmentally Sensitive Areas.
(72) Sec. 4-1402 Transfer of Development Ri2hts. Need to discuss the following
options relating to TDRs, (1) create a calculation that ties
number of units transferred to allowable height of
development, or (2) elimination of extra height provision when
using TDRs, or (3) reduce allowable height from 500/0 to 200/0
increase when using TDRs. (submitted by City Commission)
9
(73) Sec. 4-1402 Transfer of Development Rights. Add provision to require consent
of mortgage holder with application for transfer of developtnent
rights.
(74) Sec. 4-1402 Transfer of Development Ri2hts. Require sending site to meet
property maintenance standards (submitted by City
Commission).
(75) Sec. 4-1403.E Transfer of Development Ri2hts. Add section "E" that TDRs
can only be used and must remain in designated CRAs and
CRDs, and any TDRs sent from the mainland must remain on
the mainland. Makes City Code more clear and consistent witb
usage guidelines of the Countywide Plan Rules.
* Bold indicates major policy issues.
ARTICLE 6.
NONCONFORMITY PROVISIONS
General Provision
(76) Sec. 6
Nonconforming Structures. Need to define "routine maintenance"
in replacement of nonconforming structures and replacement of
same nonconfomlity.
ARTICLE 7.
ENFORCEMENT PROCEEDINGS AND
PENALTIES
Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures
(77) Sec. 7-102.C Correction of Violation. Repeal section 7-102.C Correction of
Violation to comply with State Statutes and allow the board to
review a case and take action for record.
(78) Sec. 7-102.C.2 Enforcement. Remove section "C" on correction prior to
hearing. Leave wording that allows the scheduling of the
hearing if the violation reoccurs. Need process to handle
recurring violation without starting entirely new process.
ARTICLE 8. DEFINITIONS AND RULES OF
CONSTRUCTION
10
Rules of Construction
(79) Sec. 8-101
Zoning District Boundaries. Need to establish how zoning
boundaries are drawn i.e. to the centerline of the right-of-way.
Definitions
(80) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure, "
(81) See 8-102
Accessory Use. Include "play equipment" in accessory use
category. (submitted by Sandy Curry) Planning Department does
not recommend change since no permit is required.
iii Bold indicates major policy issues.
, " ~ .' " ' . . / " . .' ~ ! " : ' , . .....! :. .' \ :'" '~:. , . ...
(82) See 8-102
Animal Sales, Boarding and Grooming. Add definition of "'Animal
Sales, Boarding and Grooming" as current code does not address
this area and use could be placed in next to residential district.
(83) Sec. 8-102
Lot, Comer. Add definition of HLot, Corner" is combined with
"Lot, Double Frontage" needs to be corrected by separating and
place Lot, Double in its own definition to correct scrivener error.
(84) Sec. 8-102
Parcel of Land. Add: as detennined by the Community
Development Coordinator.
(85) Sec. 8-102
Temporary Uses. Clarify that temporary sales must be related to
principal use sales.
1 1
* Bold indicates major policy issues.
., , '...... \ '; . J f ~ ' , \ ..". ." . ,.' .. ..." . .. ':' ~\'\ , I ,,'. ...' .. " ,'.: ,', .': . \.' . \' .. .' . _' , ...' , ~
PJ"f)
List of COll1111unity Developnlent Sign Code Issues
(Draft 12/28/01)
ARTICLE 2.
(1) General issue
ARTICLE 3.
ZONING DISTRICTS
Signs for Accessory Uses. Delete all references to signs for
accessory uses throughout Section 2. Require all signage to stay
within allowed square footage allowed for principal use signage.
Possible create section to address signage for accessory uses.
DEVELOPMENT STANDARDS - Division 18. Signs.
Sec. 3-1801 - General Provisions
(2) Sec. 3-1801
Cross-reference. Add cross-reference in sign code to reference
signage allowed for temporary uses in section 3-2103.
Sec. 3-1803 - Prohibited Signs
(3) Sec. 3-1803
(4) Sec. 3-1803.A
(5) Sec. 3-1803.1
(6) Sec. 3-1803.L
Billboards. Add provIsIon to prohibited SIgnS section, which
clarifies billboards, are prohibited.
Abandoned Si2ns. RelDove "Alternatively, the sign panels
within the abandoned sign structure may be removed and
replaced with sign panels of neutral color and containing no
message. "
Sandwich Boards. Create maximum size and height for sandwich
board signs. Address design features in Downtown Design
Guidelines development.
Signs on Public Land. Correct Hmanger" with "manager."
Sec. 3-1804 - General Standards
(7) Sec. 3-1804
Sie:ns at Elevated Intersections. Add provIsion permitting
higher signs at elevated intersection. Need to address signage.
for proposed elevated intersections along U.S. 19, and who/how
surrounding properties are allowed sign age in those areas and
maximum height of signage.
Bold Lettering Indicates Major Policy Issue
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Sec. 3-1805 - Signs Pern1itted Without Developn1ent Revie\v
(8) See 3-1805.G Flags. Add last p0l1ion of3-1804.D "the area of the banner or flag
shall be included in, and limited by, the computation of allowable
area for freestanding or attached signage" to clarify calculations
for flags.
(9) Sec. 3-1805.K Directional Signs. Define that directional signs are limited to two
signs, '''exit'' and "entrance" per curb cut. Take out reference to
"other non-traffic control" and add maximum height of 3'.
(10) Sec. 3-1805.S Sign Face Change. Replace "sign message" wi tl1 "sign panels."
Sec. 3-1806 - Pem1itted Signs Requiring Developn1ent Review
(11) Sec. 3-1806.B
..3.a
(12) Sec. 3-1806.B
.3.b
(13) Sec. 3-1806
(14) Sec. 3-1806.B
Exterior Sie:nage per Exterior Entrance. Clarify that
businesses that have exterior entrance are only businesses that
are allowed attached and/or freestanding sign age. Add
provision that multi-tenant buildings that have one public
entrance shall not have individual sign age for each tenant.
Only one sign for building is allowed.
Multi-use Buildings. Expand current provisions to require sign
changes on buildings that have signs of a like design to be
evaluated based on likeness of existing sign types, Changes to
individual signs shall be reviewed for compliance with established
theme of surrounding signage.
Proiecting Signs. Create provision that proj ecting signage is
required to be a luinimum height from grade/sidewalk. City code
requires an 8' clearance above sidewalks.
Calculating Fronta~ Clarify that freestanding signage is based off
of whichever frontage allows for the greatest amount of signage.
Attached signs are calculated using the fac;ade of the building
facing each street frontage. Code does not address what street
frontages may be used. Need to place definition of front yard in
code. Allow for building to use frontage that provides for the
largest signs. [Old land development code allowed for 1.5 square
feet for linear foot of building width for attached signage]
Bold Lettering Indicates Major Policy Issue
2
. ~ r *. " ,,\' ~. .. 'I : " . ',' ~ ' . ';"..l.' . . "~,.,,..,.,.... '.' ... ,', . 'j, ...., t' "'. . 1 .: . ~', '. ' :'
(15) Sec. 3-1806.3.8 Desi2n Criteria. Add provIsIOn. that all signs must be
architecturally integrated into the design of building site using
similar design features and materials.
(16) Sec. 3-1806.5 Changeable Copy. Word missing. Change to read "provided they
are located on public property and serving" within requirements.
Sec. 3-1807 - Con1prehensive Sign Progran1
(17) Sec. 3-1807.B Pemlitted Signage. Add sentence to end of paragraph stating that
all prohibited signs in section 3-1803 are still prohibited when
applying the comprehensive sign program.
(18) See 3-1807.C.4 Area of Si2n Face. Delete "not exceed two times the total area
of sign faces permitted under the minimum sign standards"
and replace with "be proportional to the fa~ade of the
building." This will allow for larger sings to be used when
sign age is approved through the comprehensive sign program.
ARTICLE 4.
DEVELOPMENT
PROCEDURES
REVIEW
AND
OTHER
Sec. 4-202 - Applications for Development Approval
(19) Sec. 4-202.A
Site Plans. Add requirelnent that site plan submittals must identify
type and placement bf all signage.
ARTICLE 6.
NONCONFORMING PROVISIONS
Sec. 6-104 - Nonconforming Sign/Redevelopment of Principle
Use/Structure
(20) Sec. 6-104.B
Nonconforming Sign. Relllove "changeable copy" from definition.
Change "non-conforming" to "nonconfomling."
ARTICLE 8.
DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 8-102 - Definitions
(2/) Sec. 8-102
Billboards. Remove from definition section.
Bold Lettering Indicates Major Policy Issue
3
"'>, ~",
~. , , . , ., . I , !. . I . I' , it, " . ~,' . . . ' , . ' r . '" 'f ~
(22) Sec. 8-102
(23) Sec. 8-102
(24) Sec. 8-102
(25) Sec. 8-102
(26) Sec. 8-102
(27) Sec. 8-102
(28) See 3-1803
Sign, P011able. Add definition for sign, portable to read. Sign,
portable means a sign. which that is not permanently fixeu to the
ground or a structure utilizing standard construction procedures,
and/or materials that will not deteriorate, or a sign that is
transported over or parked along or next to a public right of way.
Sign. Mansard Roof. Delete "mansard roof/walls" for definition of
sign, attached.
Sign. Directional. Revise definition to address pelll1anent sign
requirements and revise definition graphic by removing "post
office" from example.
Sign, Abandoned. Delete" or obsolete confonl1ing" and add "sign
and/or structures" after reference to any sign.
Sign. Freestanding. Better illustration of freestanding sign in
definition section. Current illustration shows a lolly pop style sign.
Sien.. Maintenance. Add provision for cut off point for allowing
signs to be replaced. If 500/0 of sign is damaged due to lack of
maintenance or weather, sign needs to be replaced and meet
current code. Needs to be related to nonconforming sign age.
Any sign structure that needs to be replaced must comply with
sign code.
Permanent Materials. Add definition of pennanent materials that
shall be used for signage.
Bold Lettering Indicates Major Policy Issue
4
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UNAPPROVED
TRUSTEES OF THE EMPLOYEES' PENSION FUND MEETING
CITY OF CLEARWATER
December 10, 2001
Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Chair
Vice-C ha ir IT rustee
Trustee
Trustee
Trustee
Also present:
William B. Horne II
Pamela K. Akin
Paul 0 I Rourke
Cynthia E. Goudeau
Patricia O. Sullivan
Interim City Manager
City Attorney
Human Resources Director
City Clerk
Board Reporter
The Chair called the meeting to order at 1: 10 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - Approval of Minutes:
Trustee Jonson moved to approve the minutes of the November 13, 2001, meeting, as
recorded and submitted in written summation by the City Clerk to each Trustee. The motion
was duly seconded and carried unanimously.
ITEM #3 - Request for Acceptance into Membership:
Human Resources Director Paul O'Rourke presented the recommendation of the Pension
Advisory Committee to approve membership for employees: Bradford Cheek, Jr, Donald
Flemming, Saphire Reedinger, Andrew Yeldon, Jamie Thomas, Cathy Adams, Jennifer Rush,
Jerry Rutigliano. Susan Jenkins, Denise Balog, Gregory Hart, Gary Hutchinson, Joseph Walden,
Trustee Gray moved to accept the recommendation of the Pension Advisory Committee.
The motion was duly seconded and carried unanimously.
ITEM #4 - Requests for Pension
Mr. O'Rourke presented the recommendation of the Pension Advisory Committee that
Franklin Daly Jr. and Paul H Cherry be granted regular pensions under Sections 2.393 and
2.397 of the Employees' Pension Plan.
Franklin Daly Jr. was employed on May 19, 1980, and his pension service credit is
effective on that date. His pension will be effective on January 1, 2002. Based on an average
salary of $77.011 per year over the past 5 years, the formula for computing regular pensions,
and Mr. Daly's selection of the 100% Joint & Survivor Annuity, this pension will approximate
$45, 152 annually.
mpf1201
12/10/01
UNAPPROVED
Paul H Cherry was employed on September 29, 1975, and his pension service credit is
effective on that date. His pension will be effective on November 1, 2001. Based on an
average salary of $49,366 per year over the past 5 years, the formula for computing regular
pensions, and Mr. Cherry's selection of the 100% Joint & Survivor Annuity, this pension will
approximate $31,534 annually.
The PAC (Pension Advisory Committee) approved these pensions on November 8,
2001. Section 2.393 (p) provides for normal retirement eligibility when a participant has
completed 20 years of credited service in a type of employment described as "hazardous duty"
and defines service as a Police Lieutenant and Police Officer as meeting the hazardous duty
criteria.
Trustee Hamilton moved to grant regular pensions for Franklin Daly, Jr. and Paul H.
Cherry be granted under Sections 2.393 and 2.397 of the Employees' Pension Plan, as
approved by the PAC accept the recommendation of the Pension Advisory Committee. The
motion was duly seconded and carried unanimously.
ITEM #5 - Request to Vest Pension
Miles Ballogg was employed by the City on September 23, 1991 and terminated City
employment on November 2, 2001. The Employees Pension Plan provides that should an
employee cease to be an employee of the City after completing ten or more years of creditable
service and pension participation, then such employee shall acquire a vested interest in the
retirement benefits. Vested pension payments commence on the first of the month following
the month in which the employee normally would have been eligible for retirement. Section
2.393(p) provides for normal retirement eligibility when a participant has reached age 55 and
completed 20 years of credited service, has completed 30 years of credited service, or has
reached age 65 and completed 10 years of credited service. Mr. Ballogg would have
completed 20 years of service and reached aged 55 on November 4, 2014. His pension will be
effective on December 1, 2014.
mpf1201
2
12/10/01
Trustee Gray moved to allow Miles Ballog9 to vest his pension under Sections 2.397
and 2.398 of the Employees Pension Plan as approved by the Pension Advisory Committee.
The motion was duly seconded and carried unanimously.
ITEM #6 - Other Business - None.
ITEM #7 - Adjournment
The meeting adjourned at1 : 11 p.m.
Chair
Board of Pension Trustees
Attest:
City Clerk
I .~ 1- (J::L
Meeting Date:
Approved by Trustees;
CITY OF CLEARWATER
EMPLOYEES' PENSION PLAN/
PENSION ADVISORY COMMITTEE
TO:
Pension Trustees
FROM:
Pension Advisory Committee
SUBJECT:
Recommendation for Acceptance into Pension Plan
DATE:
November 8, 2001
As Trustees of the City of Clearwater Employees' Pension Fund, you are hereby notified that the
employee(s) listed below have been duly examined by a local physician and each has been designated
as a "first class risk". The employment of these individuals brings the number of FrE's as of this
date to 1704.99 of 1834.7 budgeted positions (including the City Commission).
Pension Elig.
Date
These employees are eligible for pension membership as noted in the Pension Eligibility Date column
below, and it is the recommendation of the Pension Advisory Committee that they be accepted into
membership.
Name, Job. Class. & Deot.lDiv.
Hire Date
John Mehrle, Maintenance Worker II/General Support Services
Patricia Brady, Staff Assistant I/Marine
Joyce Hunt, Accountant/Finance
Efrain Pizano, Custodial Worker/Parks & Recreation
Suzanne Melton, Staff Assistant I/General Support Services
Michael Evans, Parks Service Technician I/Parks & Recreation
Debbie Shires, WWTP Operator Trainee/Parks & Recreation
Joshua Meyer, Courier/Public Communications & Marketing
Wayne Wells, Senior Planner/Planning & Development Services
Donna Armen, Staff Assistant I/General Support Services
Stephen Bell, Utilities Chemist/Public Utilities
Sherry Hunt, Police Office Specialist/Police
Brian St. Lawrence, Solid Waste Worker/Solid Waste
Rodney Ferguson, Solid Waste Worker/Solid Waste
Daniel Rivera, Solid Waste Worker/Solid Waste
Wendell Akins, Mechanic II/General Support Services
10/22/01
11/5/01
10/22/01
6/4/01
11/5/01
11/5/01
10/22/01
11/5/01
11/5/01
11/8/01
11/5/01
11/26/01
11/19/01
11/19/01
11/19/01
9/18/01
10122/01
11/5/01
10/22/01
11/5/01 *
11/5/01
11/5/01
10/22/01
11/5/01
11/5/01
11/8/01
11/5/01
11126/01
11/19/01
11/19/01
11/19/01
11 /1 9/01 H
* originally hired as permanent part-time; changed to full-time and pension eligible as of 11/5/01
*. originally employed as temporary on 9/18/01; changed to permanent and pension eligible as of 11/19/01
Pension Advisory Con
,~
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Trustees of the
Employees' Pension Plan
Agenda CQver Memorandum
Final Agenda Item II
Meeting Date:
01/7/02
SUB JECT/RECOMMEN DA liON:
James Centilli, Fire Department, and Audrey Meunier, Customer Service Department, be granted regular pensions
under Section(s) 2.393 and 2.397 of the Employees' Pension Plan as approved by the Pension Advisory
Committee.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
James Centilli, Firefighter, Fire Department, was employed by the City on
Novmeber 17, 1980, and his pension service credit is effective on that date. His pension will be effective
February 1,2002.
Based on an average salary of approximately $45,536 per year over the past five years, the formula for computing
regular pensions, and Mr. Centilli/s selection of the 100% Joint & Survivor Annuity, this pension will approximate
$26,062 annually.
Audrey Meunier, Customer Service Representative, Customer Service Department, was employed by the City
on October 1, 1981, and her pension service credit is effective on that date. Her pension will be effective
February 1, 2002.
Based on an average salary of approximately $31,178 per year over the past five years, the formula for computing
regular pensions, and Mrs. Meunier's selection of the 10-Year Certain & Life Annuity, this pension will
approximate $18,791 annually.
These pensions were approved by the Pension Advisory Committee on December 13, 2001. Section 2.393 (p)
provides for normal retirement eligibility when a participant has completed twenty years of credited service in a
type of employment described as "hazardous duty" and further specifically defines service as a Firefighter as
meeting the hazardous duty criteria. Section 2.393 (p) also provides for normal retirement eligibility when a
participant has reached age 55 and completed twenty years of credited service, has completed thirty years of
credited service, or has reached age 65 and completed ten years of credited service. Mrs. Meunier qualifies
under the age 55 and twenty years of service criteria.
Reviewed by:
Legal NA
Budget NA
Purc!wsi ng NA
Risk Mgmt NA
Info Tech
Public Works
OCM! ACM
Other
NA
NA
Originating Dept:
Debbie Ford!H uman Resources
Costs
Total
NA
User Dept. ~
Attachments
Funding Source:
Colplialllllprovemcnl
Current Fiscal Year
Operaling
Olher
Appropriation Code:
o None
Rev. 2/98
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Trustees of the
Employees' Pension Plan
Agenda Cover Memorandum
Final Agenda Item 1/
Meeting Date:
1/7/02
SUBJECT/RECOMMENDA liON:
Lester Rent, Public Utilities Department, be allowed to vest his pension under Section(s) 2.397 and 2.398 of the
Employees' Pension Plan as approved by the Pension Advisory Committee.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
Lester Rent, Wastewater Treatment Plant Operator C, Public Utilities Department, was employed by the City on
June 25, 1974. Mr. Rent terminated from City employment on December 25, 2001.
The Employees' Pension Plan provides that should an employee cease to be an employee of the City of Clearwater
after completing ten or more years of creditable service (pension participation), then such employee shall acquire a
vested interest in the retirement benefits. Vested pension payments commence on the first of the month following
the month in which the employee normally would have been eligible for retirement.
Section 2.393 (p) provides for normal retirement eligibility when a participant has reached age 55 and completed
twenty years of credited service, has completed 30 years of credited service, or has reached age 65 and completed
ten years of credited service. Mr. Rent would have completed thirty years of service on June 25, 2004. His
pension will be effective on July 1, 2004. This was approved by the Pension Advisory Committee on
December 13, 2001
Reviewed by :
legal NA Info Tech NA
Budget NA Public Works NA
Purchasing NA OCM! ACM
Risk Mgmt NA Other NA
Originating Dept:
Debbie Ford/H uman Resources
User Dept. ~
Attachments
Costs
Total
Funding Source:
CilptiallmprovCI11Cnf
Current Fiscal Year
Opcraling
Olher
Appropriation Code:
Submitted by:
Cil Manager
() Printed on recycl~d paper
o None
Rev. 2/98
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